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HomeMy WebLinkAboutMinutes - 20090122 APPROVED 2/17/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 22, 2009 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, January 22, 2009 at 7:30 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda Laura Blackmon introduced Lucinda Munger, the new Library Services Director. Sheriff Lindy Pendergrass spoke on the 287g program and said that Orange County does not participate in this program. He does not intend to participate in this program. He said that in N.C. there is an automatic fingerprint identification system that was put in all Sheriff's offices in the State. Orange County was one of three counties that was selected to receive the new system. It started in January. Orange County does not and has not gone out to pick up anyone to bring to the Orange County jail. The system is for correct identification of an individual. The system does not tell if the individual is an alien. He said that there was a misunderstanding about this system. Commissioner Jacobs asked Geof Gledhill to explain from the Board of County Commissioners' perspective the difference between the County's system and the 287g program. Geof Gledhill said that the Secure Communities Program is a Federal government identification that deals with immigration. Most of this section of federal law talks about the agreements between the State and the subdivisions of the State. Sheriff Pendergrass said that by the end of the year, all 100 counties will be connected to both systems, and he will never know if someone is wanted by immigration through this system. Geof Gledhill said that two other things are pertinent. One is a new requirement under N.C. law for people responsible for jails or other detention centers to identify people with respect to their national origin. One of the ways the Sheriff is authorized to do this is by accessing the databases maintained by the FBI and Homeland Security. The second thing is that 287g has a subsection, which is not part of the Memorandum of Agreement. Commissioner Nelson arrived at 7:47 PM. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Anna Mercer McLean said that she wants to make sure the Community School is going to be moved. She said that this transition has been a time for struggle since people do not know where the school location will be. She said that the parents and staff are concerned about where they will be moved. Weston Barker is in 41h grade at Morris Grove Elementary. He said that he lives close to the school at Lake Hogan Farms and there is not a safe way for him to ride his bike or walk to school. He asked for the County Commissioners to support a new pathway to go to school. Peter Langdon spoke about his home's revaluation. He said that the country is in a recession and he is on a fixed income. He said that his house was assessed at one time at $115,000 and now it is at $140,000. He said that this tax is unfair and does not make sense. Robert Kintz spoke in support of funding for the Public Art Reserve, sponsored by the Arts Commission. He distributed flyers. He spoke about the benefits of public art. Amy Rickard is the Principal of Morris Grove Elementary. She advocated for money to the school to build a path from Lake Hogan Farms to the school that is safe and accessible. She said that Twin Creeks Park will be built between Lake Hogan Farms and the school. There is currently a makeshift path to the school, but a safe path would encourage many other students to walk or bike to school. Commissioner Jacobs said that the Board of County Commissioners and a committee that worked on this park proposed a path such as this previously, and people from Lake Hogan Farms asked that it be removed because they did not want their children walking on a path. Commissioner Gordon said that the idea is now being considered and the County is considering a linear park that could fit within the budget. Dave Gephart is president of Poplar Ridge Property Owner's Association. He said that this subdivision has joined with thousands to oppose the extension of Elizabeth Brady Road. He said that this would not provide a bypass around Hillsborough. He said that the new traffic patterns on US 70 with new development, etc., are not considered in the three very bad ideas for the extension of Elizabeth Brady Road. He said that his subdivision is a rocky area and this expansion would disrupt houses and wells. He asked that the County Commissioners discuss this further at the joint meeting with Hillsborough. Steven Wilke is a first grader at Morris Grove Elementary School and he spoke in support of a new path so that he could walk to school. Commissioner Gordon said that the Elizabeth Brady Road project is being considered by the Metropolitan Planning Organization. Scott Soderling spoke on behalf of the Morris Grove Greenway Committee and he is also a resident of Lake Hogan Farms. He spoke in support of a path to the school. Renee Price spoke about the Elizabeth Brady Road project. She is in support of not extending the road. She presented a petition against the road extension. Michael Carmen spoke against the extension of Elizabeth Brady Road extension. He said that the environmental impact would be devastating, specifically to Ayr Mount. He said that over two dozen homes are facing destruction with this project and there are also budgetary concerns. Holly Reid and Robin Jacobs spoke on behalf of the Eno River Association. Holly Reid is President of the Eno River Association and she said that they are here to thank the Board of County Commissioners for protecting places in the Eno River Basin. Charles Treis spoke about concerns about the deer dogs this year that are walking in his property. He lives in Cedar Grove. He asked that this be banned or that there is some control. Laura Blackmon said that there was a meeting scheduled to discuss this but it has been canceled. Geof Gledhill said that several years ago the legislation enacted a law that there be no deer hunting with dogs south of 1-85. There is work being done on this issue. Robert Campbell said that it is so important that the amenities around the Rogers Road area that they have been asking for be brought forth. He said that the residents just want the basic amenities that would sustain the Rogers/Eubanks community. Marty Rosenblath said that he is the Chairperson on the National Task Force on 287g. He said that the second that a person is fingerprinted, the County loses control over what happens to someone and ICE will instantly be able to say if they want to put a detainer on a person. He read from the resolution that the Board of County Commissioners adopted years ago, which says, "The County Commissioners will not enter into a Memorandum of Agreement with Homeland Security to enforce immigration laws, or take any other action that might result in racial profiling or create a climate of fear and hostility. He said that Secure Communities violates the spirit and intent of the resolution, and it also violates the letter of the law. Susan Walser spoke about a resolution regarding development of an airport. Bill Reid spoke about the Heritage Center and said that when the library moves, the Heritage Center will be no more. He asked the County Commissioners to not let this happen. Amanda Gutierrez is a UNC student and she advocated for undocumented students for higher education. She said that there is fear of local immigration enforcement. Richard Goldberg is in support of the greenway from Lake Hogan Farms to Morris Grove Elementary. He said that this greenway would also connect neighborhoods, which would be nice. Commissioner Jacobs requested that the Chair and Vice-Chair meet with the County Manager and County Attorney about the Secure Communities issue and see if the County is in alignment with the resolution that was adopted by the Board of County Commissioners in 1997. b. Matters on the Printed Agenda (These matters were considered when the Board addresses that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Affordable Housing Performance Report The Board received the Annual Affordable Housing Performance Report from the Orange County Affordable Housing Advisory Board. Artie Franklin, Chair of the Affordable Housing Advisory Board, presented the annual report and calendar. The calendar was printed digitally, which saved money. He said that the AHAB was accepting applications for new board members. b. Voluntary Agricultural District Designation: Minka Farm, LLC The Board considered an application from Brian and Kimberly Harry to certify Minka Farm as qualifying farmland within the Cane Creek/Buckhorn Voluntary Agricultural District. Planner Tina Moon made a PowerPoint presentation. The farm consists of six parcels located along the east side of Buckhorn Road, in Cheeks and Bingham townships. The parcels total 275 acres. The Agricultural Preservation Board voted unanimously to approve the certification of Minka Farm as qualifying farmland. The addition of this farm would increase the number of farms in the VAD program to thirteen and the total number of acres to 2,734. Brian Harry made some comments about his farm. c. Proclamation Acknowledging February as "Human Relations Month" The Board considered officially proclaiming the month of February as "Human Relations Month" in Orange County and authorizing the Chair to sign the proclamation. Vivette Jeffries Logan, Chair of the Human Relations Commission, read the proclamation. HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, the Orange County Human Relations Commission and Office of Human Rights and Relations have diligently served the County of Orange since 1995, and are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance; and WHEREAS, the Orange County Human Relations Commission encourages Orange County residents, as individuals, to take a stand against social injustice and continue to work together to make freedom, justice, and equal opportunity available for all; and WHEREAS, Orange County is committed to preserving the progress made thus far towards equality and leading the challenge for equal opportunity using all the means at our disposal; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim February 2009 as "HUMAN RELATIONS MONTH" in Orange County and challenge county residents to promote the ideology of social justice for all and to celebrate multiculturalism in our County by encouraging residents to embrace our diversity. THIS THE 22nd DAY OF JANUARY, 2009. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve proclaiming the month of February as "Human Relations Month" in Orange County and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS d. Comprehensive Annual Financial Report for FY 2007-08 The Board received the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008. Finance Director Gary Humphreys made this presentation. ORANGE COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2008 Board of County Commissioners January 22, 2009 FISCAL HIGHLIGHTS •General Fund Activity •Fund Balance Position •Debt Position •Solid Waste Landfill Fund •SportsPlex Enterprise Fund •Single Audit and Grants •Audit Results •Future Financial Challenges GENERAL FUND REVENUES AND TRANSFERS REVENUES AND TRANSFERS OUT TOTAL $174.7 MILLION INCREASE OF 3.0% OVER 2007 LEADING SOURCES OF REVENUE Property Taxes $ 119.6 million 68.3% Sales Taxes 22.7 million 13.0% Intergovernmental 17.6 million 10.0% Charges for Services 9.2 million 5.3% PROPERTY TAXES •ASSESSED VALUE $12.6 BILLION 2008 •INCREASE OF 2.0% OVER 2007 099.52% OF TOTAL COLLECTIONS TO ADJUSTED LEVY •REMAINS ONE OF THE STATE'S BEST GENERAL FUND EXPENDITURES AND TRANSFERS •EXPENDITURES AND TRANSFERS TOTALED $171.0 MILLION •INCREASE OF 6.2% OVER 2007 •LEADING EXPENDITURES INCLUDE EDUCATION $60.4 million 35.3% HUMAN SERVICES 35.1 million 20.5% PUBLIC SAFETY 16.4 million 9.6% $83.2 MILLION GENERAL FUND DOLLARS FOR EDUCATION 48.7% of EXPENDITURES •Current Expense $ 57.0 million Capital $ 6.4 million •Debt Service $18.8 million Other $ 1.0 million FUND BALANCE POSITION •$23.8 Million Undesignated as of 6/30/2008 •Undesignated Fund Balance Up $2.4 Million. •Undesignated Fund Balance 13.9% of 2008 Expenditures and Transfers •Exceeds LGC 8% Recommended Minimum •Positive Movement Toward Staff Recommended 15% Level Undesignated Fund Balance As A Percentage of General Fund Expenditures Dollar Amount of General Fund Undesignated Fund Balance Shown in Millions of Dollars(graphs) DEBT POSITION •OUTSTANDING GENERAL FUND DEBT AT 6/30/08 $218.0 MILLION •NET DECREASE IN DEBT OF $15.3 MILLION •(NO NEW DEBT $15.3 RETIRED) •DEBT EVIDENCED BY BONDS $130.3 MILLION ALTERNATIVE $ 87.7 MILLION DEBT POLICY PARAMETERS •Debt Will Not Exceed 3% of Assessed Value • Actual Debt = 1.73% •Debt Service Payments Will Not Exceed 15% of General Fund Expenditures and Transfers ➢ Actual Pymts = 14.2% COUNTY CAPITAL PROJECT FUND County Capital project expenditures (millions) -Community College $3.2 -Justice Facility 7.9 -Central Senior Center 3.0 -Conservation Easements 2.3 -Homestead Aquatics 3.7 -Lands Legacy 1.7 -Southern Park 2.7 -West 10 Soccer 1.5 - Other Projects 6.8 Total $ 32.8 FUND BALANCE 6-30-08 $ 18.0 MILLION SCHOOL CAPITAL PROJECT FUND Chapel Hill Carrboro Schools -Morris Grove Elementary $ 18.2 -Carrboro 3.6 -Other 2.9 Total $ 24.8 Orange County Schools $ 1.7 Total $ 26.5 FUND BALANCE at 6-30-08 $ .5 MILLION Solid Waste Enterprise Fund •TOTAL REVENUES OF $8.3 MILLION •TOTAL EXPENDITURES OF $8.2 MILLION •$ .1 MILLION REVENUES OVER EXPENDITURES •CASH AND INVESTMENTS OF $9.4 MILLION •CURRENT LIABILITIES OF $1.1 MILLION •VERY SOUND FINANCIAL CONDITION •SANITATION WHICH WAS MOVED TO THE ENTERPRISE FUND THIS FISCAL YEAR IS BEING RETURNED TO THE GENERAL FUND NEXT FISCAL YEAR. SPORTSPLEX •Net Assets at Year End of $451,842 •Increase of $109,585 in net assets Operating Revenue increased $1,681 Operating loss increased $91,984 •Audit Letter Recommended Improvements in Accounting Procedures SINGLE AUDIT AND GRANTS •$112.0 MILLION FEDERAL AND STATE GRANT FUNDS •HEALTH AND HUMAN SERVICES FUNDS TOTAL $93.8 MILLION •HOUSING AND COMMUNITY DEVELOPMENT FUNDS $5.8 MILLION •SINGLE AUDIT COVERS BOTH FINANCIAL AND PROGRAM COMPLIANCE •NO QUESTIONED COSTS AUDIT RESULTS •"Unqualified Opinion" (GOOD) •Successful audit process •Continued Implementation of New GASB Requirements •Auditors Performed Additional SAS Requirements •Sound Financial Policies and Procedures •Findings, Recommendations And Responses. FUTURE FINANCIAL CONSIDERATIONS •Debt Issuance for County Campus, Remaining Parks and Open Space Bonds, Elementary 11, Efland Sewer, Tax System. •Additional General Fund Balance Appropriation needed for Capital Project Funds •Continue Searching For New Revenue Options •Pay and Classification Study •More Consideration to Internal Audit Function •Consideration of ways to reduce future OPEB liability. Commissioner Jacobs asked Gary Humphreys to spell things out in the future and not use abbreviations. Michael Schertzinger is a Director with McGladrey & Pullen, and he presented the 2008 financials and overall audit results. Commissioner Gordon made reference to page 159 of the orange document which is the Comprehensive Annual Financial Report. She said that her understanding is that the auditor does not focus on internal control. There is an agenda item later in the meeting that has to do with transferring some money from the fund balance and which is related to the issue of internal financial controls). She asked the auditor if he was familiar with this issue — item 6-c (capital project funding). Michael Schertzinger said that new auditing requirements cause them to look at better internal controls. There are a lot of approval processes this year. Laura Blackmon said that she does not believe that the auditors reviewed issues related to item 6-c. Michael Schertzinger said that next year the auditors would assess what has changed. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from November 17, 24 (5:30 and 7:30 p.m.) and December 1, 11 (6:30 and 7:30 p.m.), 2008 as submitted by the Clerk to the Board. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 53 requests for motor vehicle property tax refunds in accordance with North Carolina General Statutes. d. Property Value Changes The Board approved value changes made in property values after the 2008 Board of Equalization and Review had adjourned. e. Property Tax Release The Board adopted a resolution, which is incorporated by reference, to release property value related to one (1) request for property tax release in accordance with N.C. General Statute 105-381. f. Applications for Property Tax Exemption/Exclusion The Board approved fifteen (15) untimely applications for exemption/exclusion from ad valorem taxation for the 2008 tax year. Resolution Creating a Special Board of Equalization and Review The Board adopted the resolution, which is incorporated by reference, to appoint a special Board of Equalization and Review, authorized the Chair to sign the resolution, and approved the recommended level of compensation for members of the E&R Board. Further, the Board directed staff to recruit applicants for the E&R Board, with appointments to be made at a future Commissioners' meeting. h. Contract with Property Information Management System Software Vendor This item was removed and placed at the end of the consent agenda for separate consideration. i. Solid Waste Management Custodial Contract with OE Enterprises, Inc. The Board approved a contract with OE Enterprises, Inc. for custodial services at the Solid Waste Operations Center from February 1, 2009 through July 1, 2010; and authorized the Chair to sign. L New Health Department Fees for Personal Health Services The Board approved the additions and changes to the fee schedule for Personal Health Services in the Health Department. k. Change in BOCC Regular Meeting Schedule for 2009 The Board approved two changes in the County Commissioners' regular meeting calendar for year 2009: - Adding a BOCC Meeting (closed session) on Monday, February 2, 2009 and Wednesday, February 4, 2009 at 9:30 am and 1:00 pm for the purpose of: "considering the qualifications, competence, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" NCGS § 143-318.11(a)(6) at Southern Human Services Center in Chapel Hill; and, - Adding a BOCC Meeting, where four or more County Commissioners could be in attendance, on Wednesday, February 25, 2009 at 7:30 pm at the Southern Human Services Center in Chapel Hill. I. Cool Counties Program The Board approved a resolution, which is incorporated by reference, to become a member of the Cool Counties program, and instruct staff to being investigating the means of achieving the desired emission reductions (in conjunction with the ongoing ICLEI greenhouse gas emissions project to be presented February 25, 2009), and report back in the spring of 2009 on potential future actions. m. Audio/Video Equipment and Installation for Solid Waste Operations Center The Board authorized the acquisition and installation of audio/video equipment in the training/meeting room of the new Solid Waste Operations Center at a cost of $47,978 and authorized the Purchasing Director to issue the necessary paperwork. n. Orange County Communications Center and Eno River State Park— Memorandum of Agreement The Board approved a Memorandum of Agreement outlining responsibilities in regards to communication between the Eno River State Park and the Orange County Communications Center and authorized the Chair to sign subject to final review by staff and the County Attorney. o. RENCI Lightning Detection Study— Memorandum of Agreement The Board approved an Agreement to establish a framework of cooperation to allow RENCI (Renaissance Computing Institute) to place lightning detection equipment on an Orange County Emergency Services building and authorized the Chair to sign subject to final review by staff and the County Attorney. Contracts with Tobacco Trust Fund and Golden Leaf Foundation for the Piedmont Value —Added Shared-Use Food &Agricultural Processing Center This item was removed and placed at the end of the consent agenda for separate consideration. Grant Submittal to the Tobacco Trust Fund for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center The Board authorized staff to submit a grant proposal to the Tobacco Trust Fund for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center r. Exercise of Option to Purchase Gateway Building Unit 200 and Unit 300 This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: h. Contract with Property Information Management System Software Vendor The Board considered approving a contract with Barry Strock Consulting Associates, Inc. for consulting services to develop vendor agreements, technology deliverables and legal documents between vendors and Orange County for the Property Information Management System (PIMS) project for managing land records and property taxation and authorizing the Chair to sign pending final approval by staff and the County Attorney. Commissioner Gordon asked how dire the financial situation this year is in terms of pursuing things that have been planned. This is a contract to do some preliminary work, but if debt is not going to be issued, then the County Commissioners will have to figure out a way to do this will not have the money to do the project. Laura Blackmon said that this item has been included in some of the calculations. There is a budget work session next week that will have more detail. This item is very important because the current system is 30 years old. Commissioner Gordon would like to flag the items that are being done piecemeal. Discussion ensued on this issue. Commissioner Jacobs agreed with Commissioner Gordon that the Board has not discussed the Information Technology Strategic Plan and the priorities and he does not want to hear what the County's priorities are from the staff, but from the Board of County Commissioners. Commissioner Gordon suggested folding this item in with the item about debt issuance —6d. The Board agreed to pull this item for later discussion to be incorporated in item 6-d. Contracts with Tobacco Trust Fund and Golden Leaf Foundation for the Piedmont Value—Added Shared-Use Food &Agricultural Processing Center The Board considered approving 1) a $479,000 contract with the Tobacco Trust Fund Commission and 2) a $250,000 contract with the Golden Leaf Foundation for the Piedmont Regional Value-Added-Shared-Use Food and Agricultural Processing Center and authorizing the Chair to sign subject to County Attorney review. Commissioner Gordon said that this project is worthy but the extent of the financial commitment from the County's partners is unknown. If the county commits to the project and then does not get grants, the County will have to pay out about $300,000. Noah Rannells said that the staff would work with the grant funding agencies to rework the budgets and they could forego a piece of equipment. Commissioner Gordon asked Geof Gledhill what happens if the building is committed and grant money is accepted, but it does not work out. Geof Gledhill said that if the grant money goes into the building and the County loses the grant, then the County Commissioners will not have the money to do the project. Commissioner Gordon said that she is concerned about this because of the dire financial situation and the encumbrance of the county's capital assets, and also the unknown financial commitment of the partners. Commissioner Jacobs said that there was a discussion of the fees today. He thinks that the other jurisdictions have been receptive to helping the County pay back any grant monies if it did not work out. A motion was made by Commissioner Gordon to approve the project with the understanding that funds would not be expended until the financial grants are worked out. Commissioner Jacobs asked about the money from the State to hire someone to plan for the facility. Noah Rannells said that there is some risk with delaying any action of accepting grant funds. He said that the County Commissioners could approve $25,000 to begin design of the building. Any delay on that would have an effect on moving forward. Commissioner Gordon agreed to amend her motion to approve but not go beyond the $25,000 expenditure. The motion failed for lack of a second. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve the contracts accepting grant funds for the Tobacco Trust Fund Commission and the Golden Leaf Foundation subject to County Attorney review and authorize the Chair to sign the contract documents. VOTE: UNANIMOUS r. Exercise of Option to Purchase Gateway Building Unit 200 and Unit 300 The Board considered exercising the Option to Purchase Units 200 and 300 in the Gateway Center as provided in a lease which commenced on February 19, 2008, directing staff and the County Attorney to develop the necessary documents; and authorizing the County Attorney, the Financial Services Director, and the Chair to execute the documents. Commissioner Gordon said that there was an option to lease this as opposed to buying it. Geof Gledhill said that the lease ends on the 25th and there is no option to renew. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to exercise the Option to Purchase Units 200 and 300 at the Gateway Center; direct staff and the County Attorney to develop the necessary documents to move forward with closing the purchase; and authorize the County Attorney, the Financial Services Director, and the Chair to execute documents as may be needed to effect the closing. VOTE: UNANIMOUS 5. Public Hearings a. Recommendation for Deviations from the Proposed 2008-2009 Secondary Road Construction Program for Orange County The Board held a public hearing to receive comment on proposed deviations from the North Carolina Department of Transportation's Proposed 2008-2009 Secondary Roads Construction Program for two roads, Ben Wilson Road and Jimmy Ed Road. Transportation Planner Karen Lincoln introduced this item. She said that, as a result of comments received at a public hearing held last May on the Secondary Road Construction Program, the Board of County Commissioners deferred the recommendation for these two roads until NCDOT met with communities. NCDOT met with residents of Ben Wilson Road on June 24th and there was a consensus to pave the north third of the road. NCDOT met with residents of Jimmy Ed Road on June 23rd and August 41h and came to a consensus to pave the road along the frontage of Lattisville Grove Baptist Church, which is the major traffic generator on the road. The deviations from the secondary program would be to pave portions of the road or none of the roads. Commissioner Yuhasz verified that if a portion of a road is not paved, it will go on a hold list. PUBLIC COMMENT: Tara Nichols was from Nichols and Satterfield PLLC, which represents Lattisville Grove Missionary Baptist Church. This church is located on Jimmy Ed Road. She spoke about the Petition in Support of Paving SR 1514 Jimmy Ed Road. The church supports the paving of the entire road. She said that more than 75% of the residents on the road are in support of paving the entire road. The petition had 538 signatures. She said that the church also serves a resource center and it provides community services and recreational facilities for those in that community. She said that there is nothing else in this area that provides these services. She said that if there are any administrative costs associated with paving the road, the church is willing to work with the State to provide these funds. She gave copies of the petition to the Clerk. Rev. George Crews, Pastor of Lattisville Grove Missionary Baptist Church, expressed his support of paving Jimmy Ed Road in its entirety. He said that NCDOT has recommended that the entire road be paved. He listed the services that are provided in this area from senior programs to recreational programs. He said that gravel was not effective in slowing people down. He said that dirt roads invite unwanted traffic to the community such as hunters that are not allowed to hunt in and around highly populated areas. He said that paving this road would increase the safety for all residents. Savannah Lewis was representing Winstead Grove LLC. She said that everyone in Winstead Grove was in favor of paving Jimmy Ed Road. Sara Shields is a resident of Jimmy Ed Road, and she read a letter to the County Commissioners from August 26, 2008. She was asked to read this by residents that live on Jimmy Ed Road. Dear Orange County Commissioners, The residents of Jimmy Ed Road wish to formally register our opposition to the paving currently being proposed by the North Carolina Department of Transportation (NCDOT). After two extensive meetings with the NCDOT, we believe that while the paving serves the interests of some, it is not the interest of residents along Jimmy Ed Road. Finally, we wish to express our gratitude to the County Commission for giving residents a voice in decisions that directly affect their lives and when making your determination, we ask that you please consider the following: - All residents that live on Jimmy Ed Road oppose the paving (NCDOT has chosen to emphasize in our meetings that two, non-resident parties, Lattisville Grove Church and the Winstead LLC, own approximately half the road frontage and support paving). - No resident has donated right-of-way to the project. All existing right-of-way has been acquired through non-dedication such as surveys and plat maps on file at the Register of Deeds. - Jimmy Ed Road is not a key connector but a dead end gravel road that serves rural residents and farm operations. - The Winstead LLC has stated publicly its intentions to subdivide their property for development along Jimmy Ed Road. While the condition of the road does not prevent such a subdivision, paving would likely facilitate this process and possibly increase the density of housing constructed in an area the Commissioners have zoned for rural use. - Representatives from NCDOT repeatedly emphasized "compromise" in the two community meetings but appear to have rejected out of hand a partial paving compromise between residents and Lattisville Grove that would have allowed for paving up to the Church's front entrance. - NCDOT could not present any verifiable evidence that the proposed paving ("improvements") of Jimmy Ed Road would improve safety. To the contrary, it is the opinion of the residents that paving will precipitate a significant increase in vehicular speed and invite non-residential traffic. - Aside from minimal vehicular traffic, Jimmy Ed Road primarily supports farming, pedestrian and equestrian uses. In this case, paving represents a downgrade in the alternative uses of the road and shifts the priority to vehicular use. - NCDOT does not have all the necessary right-of-way but has communicated that condemnation might be an option if residents along Jimmy Ed do not support the paving. We consider this a "strong arm" tactic. - Allocation of scarce public funds to an unwanted paving project in the rural area is contrary to the "spirit" of responsible government and inconsistent with the democratic and environmental goals found in our County's Comprehensive Plan. Lynne Taylor lives on Ben Wilson Road. She showed two pictures of the road and read a handout entitled, Safety & Environmental Reasons to Pave Ben Wilson Road. These 2 photographs were taken at the same time today. The first is of the road in front of our farm showing the effects of an unpaved road and hedgerow. The second is of our driveway showing that the snow and ice have cleared with sunshine. The hedgerow is within the right-of-way. The hedgerow prevents the ice from melting for several days after everything else has melted. Tonight the snow and water on the road will turn to ice making the road even more treacherous tomorrow. The hedgerow is in constant need of trimming and even after it is trimmed it creates a blind curve at our driveway and mailbox. Cars and school buses frequently fly around the curve on the wrong side of the road. The property owners will not trim the hedgerow so a bush hog is used by the State, making it very ugly for months until it grows back. It then needs to be trimmed again. The power line is a major 3 phase line serving a large area. Snow and ice on the road make it harder to maintain and repair. We have granted a water right to the fire department and it will be easier and faster for them to access it when the road is paved in the event of a fire. The Sheriff's Department has stated that they would patrol more frequently if the road is paved. The bridge needs to be replaced as it is too narrow and has not guard railings. The bridge is at the bottom of a hill and at a curve, so the gravel acts as ball bearings, causing cars to slide into the creek. The dirt and dust cause additional maintenance to vehicles and to our homes. It is also a health concern for those of us with respiratory issues. The neighborhood's beauty will be enhanced by a neatly paved and maintained road. There are no logical reasons to deny us a safe and clean paved road. Lynne Holtcamp is a resident on Ben Wilson Road and said that she is opposed to paving the entire road, but is not opposed to paving the north part of the road. She spoke on behalf of some of the residents. She said that keeping the road unpaved is consistent with the rural/agricultural designation of the area related to the Comprehensive Plan. She said that paving the road would make it attractive to developers. She asked that not all of the road be paved. Gerald Combs lives on Ben Wilson Road and said that he is in favor of paving the portion of the 2.8-mile road. He said that his family is the one that this affects the most since they are the closest to the road. He asked that the portion of the road that was agreed upon be paved. Commissioner Jacobs thanked all who came to speak and thanked DOT for trying to work with the citizens on this. He said that he and Commissioner Foushee met with DOT representatives twice and he was satisfied that only the northern portion of Ben Wilson Road would be paved and the church driveway would be paved on Jimmy Ed Road. Chair Foushee agreed with Commissioner Jacobs and said that not everyone would be satisfied. The public hearing was closed (there was no motion) and the staff will bring back the item on February 3, 2009 for Board decision. 6. Regular Agenda a. Approval of Community Advisory Group and Site Selection Evaluation Process Update — Orange County Transfer Station The Board considered a proposal for the creation of a Hwy 54 Transfer Station Community Advisory Group, to provide an update regarding progress on evaluation of the two transfer station sites and to provide follow-up on other information requested by the BOCC at the December 11, 2008 meeting. Solid Waste Director Gayle Wilson said that this was a follow-up to the meeting in December when the Board selected two sites to be further evaluated for a Transfer Station. He made reference to a report from 2006, and said that the options contained within the report are still valid possibilities for waste. He said that a letter was sent out to both property owners, notifying them of the Board's decision and requesting permission to enter the property and conduct the evaluations. One of the property owners did not grant permission, and staff followed up with a 30-day right-of-entry notice. This notice expires on February 6th. The OWASA Board will be discussing the other property in question tonight. The County has already obtained a surveyor and an appraiser. The delay in being able to get on one of the properties will delay the completion of the assessment until April 1st. Regarding the request for information on what would happen if the transfer station is not completed when the landfill closes. He said that this report was not complete yet. The Board also asked the staff to develop a proposal for a Citizen Advisory Group to assist in the development and advise on the operation of the facility. Commissioner Nelson asked about the refusal of the property owner. Gayle Wilson explained that the landowner conditioned permission for the County to enter the property on the County providing the owner a signed offer to purchase the property. Bob Sallach from Olver, Inc. said that they have begun the environmental assessments and the data will be used from GIS. He said that it is important to have access to these sites and he hopes to have the draft environmental assessments by the end of this month. Lewis Watts made reference to the report about the Community Advisory Group, which is incorporated by reference, and he summarized this report. He said that the committee would be formed to help the County and to help the consultants with the siting of the Transfer Station and not to revisit site issues and whether the Transfer Station should be built or not. It will take about two months to put this group in place. Commissioner Yuhasz said that he remembers that, at the December 11th meeting, both he and Commissioner Jacobs asked the staff for continuing investigation of alternatives on a parallel track with the Transfer Station development. He made reference to an email from Commissioner Jacobs about the potential interest in the University in using some of the waste for energy conversion. Laura Blackmon said that, even though Commissioner Yuhasz and Commissioner Jacobs did mention that, the Board did not direct staff to begin working on a parallel action and if the Board is interested in that, the Board should direct it. The staff will need additional assistance to do this. Commissioner Pelissier said that she remembers a motion was made regarding forming a work group to look at alternatives for the long term such as waste to energy. Commissioner Gordon made reference to the orange sheet that she had made available to the board, which was a document from Orange County Voice entitled, Preliminary Analysis of Alternatives and Costs for Orange County's Solid Waste Management Operation. Chair Foushee said that the Board would not complete the agenda tonight. The Board agreed to defer items 6-c, 6-d, and 6-e. PUBLIC COMMENT: Jack Fowle lives on Teer Road. He is concerned about the costs of the proposed Transfer Station, both direct and indirect costs. Specifically, he has concerns about the impact on wells and roads. He urged the County Commissioners to look at land that has already been developed, is much closer to highways, etc. Ronnie Kirk said that this area has been burdened with the Cane Creek Reservoir, the OWASA sludge disposal area, and now there is the possibility of an airport. He said that all of these things serve mostly Chapel Hill and Carrboro. He said that this area has lost farmland and rural character. Robert Campbell said that a citizen advisory board would be an ideal thing but it would not do any good if the advisory board does not have any power. He said that if an advisory board is created for citizens on NC 54, then there should also be one for Eubanks-Rogers Road because there has been some construction in this area that the Planning Board had to stop because of some violations. He said that the citizens need empowerment. Bonnie Hauser spoke on behalf of Orange County Voice. She said that many residents are against siting a transfer station in the rural residential area and in direct contradiction with the Comprehensive Plan. She spoke about an economically feasible alternative, using a waste management vendor. She made reference to the report on the orange sheet from Orange County Voices, which had been made available by Commissioner Gordon, suggests that the County could save millions of dollars by using vendors rather than building a transfer station. She summarized the specific figures in the report. She said that if the County retained a vendor, no new facilities would have to be built anywhere. She said that the vendors are ready to offer formal and informal proposals to the County. The vendors can offer contracts ranging from six months to several years. She said that Orange County Voice would be happy to review this proposal with staff. She said that vendors would offer flexibility, quality, and cost effective service on an interim basis at least. Tom Schopler said that he supports what Bonnie Hauser just presented. He said that he does not agree with the Community Advisory Group charge. He suggested having Orange County Voice and others to have representation of people all around. Wallace Williams is a resident of Bingham Township and said that this is a rural area and is not for commercial sites. He said that it is unconscionable and environmentally unjust to increase dumping on an area that has a lower population by those who have the higher population. This area relies on well water for its primary water source. He asked the County Commissioners to reconsider other options. Commissioner Jacobs made reference to the information on potential landfill destinations and said that there were 40 days during the break and no one made any contacts about this. He does not understand why no contacts were made because it was part of his motion to bring back information on this. Regarding the advisory group, he said that he and Commissioner Pellisier talked today about ways to improve the charge to address development safety, etc. He thinks that part of the charge needs to address benefits and things like the 3R fee and waiving this for residents, paying some mitigation, etc. He said that he would also like to talk with Chatham County because it is discussing the future of its solid waste at this time. He hopes that the Board can do something along the lines of having a motion to investigate on a parallel track, the siting of a transfer station as determined, possible alternative approaches, partnerships, and methodologies for solid waste disposal in Orange County. This is broad enough to include discussions with Chatham County. Also, Commissioner Jacobs said that, if the County cannot get the acreage that is needed, he would like to put in a conservation easement. He wants to proceed in a way that makes it clear that Orange County is not going to site another landfill. Commissioner Pelissier stressed that all three towns should be engaged in this process. Chair Foushee asked for a motion. Solid Waste Director Gayle Wilson asked, as the County Commissioners consider the charge for the advisory group, that they consider the Solid Waste Advisory Board. He said that the SWAB members are wondering why they are not being asked to evaluate the alternative technologies. The SWAB is very diverse and represents all three towns and the County. A motion was made by Commissioner Jacobs, seconded by Commissioner Pellisier to investigate on a parallel track to proceeding with siting of a transfer station as determined, investigate possible alternative approaches, partnerships, and methodologies for solid waste disposal in Orange County in consultation with the Solid Waste Advisory Board and other interested citizens. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger to form an advisory board and add to the mission to address the concerns of citizens, with the goal of minimizing impacts on the citizens, and invite the towns to participate in this process. VOTE: UNANIMOUS Laura Blackmon clarified that this motion does not include that the location is going to be changed. Commissioner Pellisier agreed. Commissioner Pellisier asked that the staff provide some response on the report from Orange County Voice on the orange sheet provided by Commissioner Gordon. Laura Blackmon said that this is a lot of information to review and it could not be brought back quickly, probably not until thee Board makes a decision on the site in April. Commissioner Jacobs said that staff needs to come back in the short-term with information on areas of alternative possibilities. Commissioner Yuhasz said that he hopes that this is a parallel track and not a secondary track. He wants to proceed with both of these simultaneously. Commissioner Nelson left at 11:21 pm. b. Transition of Orange County Farmers' Market at the Public Market House The Board considered approving the transition of The Orange County Farmers' Market at the Public Market House to an independent organization as recommended by the Orange County Farmers' Market at the Public Market House Interim Oversight Committee and the Farmers and Vendors of the Market. Hillsborough Mayor Tom Stevens introduced this item. The primary recommendation is to authorize the County Manager to contract with the Eno River Farmers' Market to operate a public market. Secondary recommendations are to extend the appointments of the Oversight Committee through July 1, 2008 to serve as a liaison between the County, community, and market organization; and authorize County support for this community farmers' market, to include 1) waiving any facility use fees for the initial term of the contract 2) partial financial support for a market manager in the 2009 transition year [$5,000]; and 3) designation of a County staff person as the primary contact between the market organization and the County (Dr. Fletcher Barber, Jr.). The County Commissioners asked clarifying questions, which were answered by staff and Mayor Stevens. Commissioner Jacobs said to state the notion that grant funding will be pursued. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve the transition of The Orange County Farmers' Market at the Public Market House to an independent organization as recommended by the Orange County Farmers' Market at the Public Market House Interim Oversight Committee; and that the Board of County Commissioners direct the Manager to develop a contract between Orange County and the Eno river Farmers' Market, Inc. for the operation of the market, with Eno River Farmers' Market, Inc. being required to provide $1 million of liability insurance for the County. VOTE: UNANIMOUS c. Capital Project Funding The Board was to consider a plan addressing additional funding needs related to the School and County capital Project Funds by appropriating fund balance of $3.5 million in FY 2008-09 and $2.4 million in FY 2009-10. DEFERRED d. Proposal for Issuance of Capital Project Financing The Board was to consider receiving a proposal for issuance of Capital Project financing to address financing needs related to authorizing capital projects. DEFERRED e. Review of Proposed Chatham/Orange Joint Planning Task Force The Board was to consider reviewing potential processes, including proposed charge and composition, to establish one new Chatham/Orange Joint Planning Task Force with internal workgroups and, following any revisions, authorize staff to forward the task force proposal to the other jurisdictions for approval and respective appointments. DEFERRED f. Second Reading: Third Party Presence in the Employee Disciplinary Process The Board considered the second reading of an amendment to the Orange County Personnel Ordinance Article IX, section 4d(1) providing for a third party presence at a pre- disciplinary conferences prior to demotion, suspension or termination of an employee. A motion was made by Commissioner Jacobs, seconded by Commissioner Pellisier to approve the second reading of an amendment to the Orange County Personnel Ordinance Article IX, section 4d(1) providing for a third party presence at a pre-disciplinary conferences prior to demotion, suspension or termination of an employee. VOTE: UNANIMOUS Board of Commissioners Meeting Calendar for Year 2009 The Board was to consider changing the start time of Board of commissioners' meetings from 7:30 p.m. to 7:00 p.m. for the remainder of the calendar year 2009 (unless otherwise noted) starting March 1, 2009. DEFERRED 7. Reports-NONE 8. Board Comments 9. County Manager's Report 10. Appointments a. NCACC Legislative Liaison Appointment The Board was to consider appointing one Commissioner to be the North Carolina Association of County Commissioners (NCACC) Legislative Liaison for the 2009-10 legislative biennium. DEFERRED b. Ten (10) Year Plan to End Homelessness Executive Team — New Appointment The Board considered the appointment of a BOCC Representative to the Executive Team of the Orange County Partnership to End Homelessness. A motion was made by Commissioner Pellisier, seconded by Commissioner Jacobs to appoint Commissioner Pellisier to the Executive Team of the Orange County Partnership to End Homelessness. VOTE: UNANIMOUS ALL DEFERRED c. Advisory Board on Aging — New Appointment The Board was to consider making a new appointment to the Advisory Board on Aging. d. Affordable Housing Advisory Board — New Appointment The Board was to consider making a new appointment to the Affordable Housing Advisory Board. e. Chapel Hill/Orange County Visitors Bureau — New Appointment The Board was to consider making a new appointment to the Chapel Hill/Orange County Visitors Bureau. f. Commission for the Environment— New Appointments & Reassignments The Board was to consider making new appointments and reassignments to the Commission for the Environment. Historic Preservation Commission — New Appointment The Board was to consider making a new appointment to the Historic Preservation Commission. h. Hillsborough Area Rail Station Task Force Appointment The Board was to consider making an appointment to the Rail Station Task Force. i. Human Relations Commission — New Appointments The Board was to consider making new appointments to the Human Relations Commission. L Human Services Advisory Commission — New Appointments The Board was to consider making new appointments to the Human Services Advisory Commission. k. Orange County Board of Adjustment— New Appointment The Board was to consider making one new appointment to the Orange County Board of Adjustment. I. Orange County Planning Board — New Appointments The Board was to consider making new appointments to the Orange County Planning Board. 11. Information Items • Efland-Cheeks Overlay District Annual Report • BOCC Questions re: Outside Agencies Funded in 08-09 with Caveats • Response to NCACC Request for Possible Economic Stimulus Projects 12. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to adjourn to closed session at 11:37 PM for the purpose of: "Pursuant to G.S. § 143-318.11(a)(5) to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract or contracts to purchase interest in real property, PIN 9830-44-5608 and PIN 9830-64- 3789, owned by Crawford Mountain LLC, to be used for watershed conservation purposes. "To consult with an Attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board," NCGS § 143-318.11(a)(3). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to reconvene into regular session at 11:53. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger seconded by Commissioner Jacobs to authorize ERCD staff to submit a grant application to the NC Clean Water Management Trust Fund for around 50% of the easement purchase price. VOTE: UNANIMOUS 13. Adjournment A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to adjourn the meeting at 11:58pm. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board Orange County water supply reservoir water levels Available information as of 10:00 AM, Thursday, January 15, 2009 Lake Orange • Water level is full and spilling. Eno River Capacity Use were lifted effective as of midnight on December 61h. Reinstatement of restrictions in not anticipated until the beginning of the 2009 dry season. • Water storage capacity is at 100% (475 million gallons) • Approximately 141 days of water supply remaining (at Capacity Use specified release rate). • The Hillsborough gage indicates that the latest Eno River flows are at approximately 25 cfs (16 mgd). This flow represents a level that is approximately one-half of the historical median flow level (46 cfs) for this day of the year. • Orange Alamance has begun operating its water plant five days a week (Monday- Friday) with average withdrawals of 300,000 gallons per day. West Fork Reservoir • Water level is full and spilling • Water storage capacity remaining is 100 % • Approximately 368 days of water supply remaining (assuming Town's current 30 day average water consumption rate (1.15 mgd). • The Town of Hillsborough Town Board currently has no water use restrictions on its customers in effect. OWASA Reservoirs • Water level at Cane Creek Reservoir is full. • Water level at University Lake is full. • Total remaining water storage capacity is approximately 100 % • Approximately 636 days of water supply remain with no additional rainfall (at the current 30-day average daily demand [5.6 million gallons per day]) • OWASA's year-round water conservation requirements are in effect National Weather Service/NOAA Regional Precipitation data (through 1/14/2009) (inches above [+] or below [-] normal) RDU Piedmont-Triad I' +0.04" since December 1, 2008 +0.58" since December 1, 2008 +0.02" since January 1, 2009 +0.34" since January 1, 2009 Miscellaneous notes The NC Drought Management Advisory Council drought map, last updated December 9, 2008, indicates that all of Orange County lies within the area of the state characterized as experiencing no drought conditions.