HomeMy WebLinkAboutAgenda - 12-07-2009 - 4aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 7, 2009
Action Agenda
Item No. 4-a
SUBJECT: MINUTES
DEPARTMENT:
PUBLIC HEARING: (Y/N)
No
ATTACHMENT(S):
Minutes
INFORMATION CONTACT:
Donna Baker, 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
November 5, 2009
November 17, 2009
BOCC Regular Meeting
BOCC Regular Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
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DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
November 5, 2009
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Thursday,
November 5, 2009 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North
Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve
Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, 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
-PowerPoint presentation for item 6-a -Orange County Agricultural Development and
Farmland Protection Plan
- Water level sheet (aqua)
- Memo from Larry Tucker from Town of Chapel Hill Public Works in reference to item 7-
a -Update on 911 Addressing Project (blue)
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda -NONE
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Proclamations/ Resolutions/ Special Presentations
a. OWASA's Draft Lon~t-Rance Water Supply Plan Update
The Board received a presentation from representatives of the Orange Water and
Sewer Authority on a Draft Long-Range Water Supply Plan.
Ed Holland, OWASA Planning Director, made a PowerPoint presentation. The
Executive Summary is as follows:
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Draft Long-Range Water Supply Plan Update
Executive Summary
July 17, 2009
OWASA's draft Long-Range Water Supply Plan Update report identifies key recommendations
for meeting the expected water needs of Carrboro, Chapel Hill, and the University of North
Carolina at Chapel Hill (UNC) through 2060. The draft report includes two principal findings:
1. Expansion of OWASA's Quarry Reservoir west of Carrboro continues to offer the
most cost-effective increment of additional supply and will provide full control of a
substantial amount of high quality water with minimal capital investment. An
expanded Quarry Reservoir is expected to meet most anticipated water supply
needs for the 50-year planning period.
2. OWASA should develop agreements with neighboring utilities to secure the
permanent ability to purchase or sell water under appropriate conditions of supply
and demand. Except for the expanded Quarry Reservoir, temporary purchases offer
the most cost-effective option evaluated, especially for the infrequent times and
limited amounts of water that may be needed during the next 25 years or more.
Purchase agreements also provide important mutual support when critical facilities
are out of service due to maintenance, equipment failure, severe weather, or other
emergency conditions. Continued participation in the recently established Jordan
Lake Partnership will provide important opportunities to develop such arrangements
and to gain cost-effective access to OWASA's Jordan Lake water supply storage
allocation.
In developing this report, OWASA conducted a thorough review of the underlying assumptions,
including demand projections, supply/demand-side alternatives that were evaluated in its last
comprehensive water supply report, Water Supply: A 50-Year Vision for Carrboro, Chapel Hill,
and Southern Orange County (March 2000), and other alternatives that have been identified
since that time. Highlights of the update include:
All customer groups -residential, commercial, and UNC -have significantly reduced
their drinking water consumption in recent years. During the same time, OWASA
implemented permanent process water recycling at its Jones Ferry Road Water
Treatment Plant, began operating a new reclaimed wastewater system serving UNC,
and aggressively promoted conservation through seasonal and tiered rates and an
ongoing customer education program. New residential, commercial, and UNC
development projects are increasingly relying on non-potable and advanced water
use efficiency technologies to reduce their drinking water needs.
- OWASA's existing Cane Cree/University Lake/Quarry Reservoir supply system can
meet the community's water supply needs substantially further into the future than
previously thought, even when reservoir levels are significantly lower than "normal."
- Investing in an expansion of OWASA's reclaimed water system or establishing
financial incentive programs, such as plumbing fixture rebates, to promote additional
water conservation is substantially less cost-effective than other options evaluated.
OWASA-funded support for such programs is not recommended at this time.
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1 The Long-Range Water Supply Plan Update report presents a very positive future for OWASA
2 and the communities it serves. Through aggressive, proactive conservation-focused actions,
3 future generations living and working in OWASA's service area will be able to enjoy a reliable
4 supply of high quality drinking water with far less capital investment than predicted nine years
5 ago.
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7 The complete Draft Long-Range Water Supply Plan Update report and Appendices, which
8 include the technical memoranda on which the report is based, is posted on the OWASA
9 website at www.owasa.orq.
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11 Commissioner Gordon arrived at 7:13 p.m.
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13 Commissioner Jacobs asked about the agreement with the quarry and American Stone
14 and Ed Holland said that they have not heard anything at OWASA and if there were complaints,
15 they would go to the Health Department or American Stone.
16 Commissioner Jacobs asked for a report regarding the agreement for amenities offered
17 to the neighborhood next to the quarry. He would like an update on how the agreement is
18 working.
19 Frank Clifton said that the Health Department is monitoring this area and some wells
20 have been replaced. Staff will provide an update to the Board of County Commissioners.
21 Commissioner Jacobs said that the stone quarry on NC 57 was supposed to come up
22 for a permit renewal in 2008-2009 and there was also talk about an asphalt plant. He heard on
23 the radio two days ago that DOT was going to start repaving I-85 in Orange County. He wants
24 an update on this area.
25 Commissioner Yuhasz asked if there are other providers that would have water
26 available in water shortages and Ed Holland said that would be the Town of Cary. He said that
27 OWASA would have the capacity to buy up to 7 million gallons per day from Cary through
28 Durham.
29 Commissioner Jacobs asked if OWASA had a legislative agenda and have they brought
30 up the idea of a rebate or subsidy for replacing high-flow plumbing fixtures with low flow ones.
31 Ed Holland said that OWASA does not have anything in the works as of now. He said that they
32 have realized over the past two years that these changes are taking place without legislative
33 involvement.
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36 4. Consent Agenda
37 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
38 to approve those items on the consent agenda as stated below:
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40 a. Minutes
41 The Board approved the minutes from October 6, 2009 as submitted by the Clerk to the Board.
42 b. Appointments
43 (1) Affordable Housing Advisory Board -Reappointment
44 The Board reappointed Vivian Herndon-Latta to a second term ending June 30, 2012 to the
45 Affordable Housing Advisory Board.
46 c. Property Tax Releases
47 The Board adopted a resolution, which is incorporated by reference, to release property values
48 related to five (5) requests for property tax release requests in accordance with N.C. General
49 Statute 105-381.
50 d. Applications for Property Tax Exemption/Exclusion
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The Board approved a resolution, which is incorporated by reference, related to ten (10)
untimely applications for exemption/exclusion from ad valorem taxation for the 2009 tax year.
e. 2009-2010 Small Business and Contract Renewal
The Board approved the renewal of a contract to continue support of small business
development services for Orange County as stated in the Economic Development Strategic
Plan adopted May 14, 1996 and reaffirmed by the Economic Development commission in its
new strategic plan, Investing in Innovation:2005-2010; and authorized the Manager and the
Clerk to execute the contract.
f. American Recovery and Reinvestment Act Funding for Senior Lunch Program
The Board approved the receipt of $17,893 in American Recovery and Reinvestment Act
funding to purchase additional Senior Lunch meals that will be served at the two Orange county
senior centers; and authorized the Chair to sign the agreement with the Triangle J Council of
Governments for Provision of County-Based Nutrition Services for the Elderly Through the
American Recovery and Reimbursement Act of 2009; Award Provision for ARRA Funds, County
Nutrition Program Providers; and ARRA County Funding Plan.
gL Approval of the Senior Food Service Caterer Contract with Nantucket Cafe. Inc.
The Board approved and authorized the Chair to sign the food service contract with Nantucket
Cafe, Inc. at a reimbursement rate of $3.75 per meal, serving approximately 155 meals per day
of operation. The Board also amended the Department on Aging's community based services
budget to include the ARRA funds in the amount of $17,893 in the operations account for the
purchase of senior meals; and approved a charge of $5.00 per meal served to guests effective
December 1St
h. Change in BOCC Regular Meeting Schedule for 2009
The Board amended its regular meeting calendar for 2009 by adding an Assembly of
Governments meeting for Monday, November 30, 2009 at 7:00 p.m. at the Southern Human
Services Center, 2501 Homestead Road, Chapel Hill. The Town of Chapel Hill will be hosting
the meeting.
i. Service Coordination Renewal Agreement with Manley Estates and the Department
on Aging
The Board approved the renewal of the Agreement for the Department on Aging to provide on-
site service coordination for the residents of the HUD 202 First Baptist and Manley Estates
senior housing complex in Chapel Hill; and amended the Aging-Eldercare budget to include the
$7,200 in contract revenues and personnel expenditures; and authorized the Chair to sign.
L Approval of an Agreement with Dr. Claudia Sheppard for Veterinary Services
The Board approved an agreement between Orange County and Dr. Claudia Sheppard in an
amount not to exceed $37,500 that would be expended in FY 2009-10 for the provision of in-
house spay and neuter services for adoptable pets, as well as existing consultative veterinary
services and authorized the Chair to sign.
k. NC Department of Correction Grant Award and CJPP Continuation Contract
The Board received FY 2009-2010 Criminal Justice Partnership Program implementation grant
funds totaling $173,467 from the NC Department of Correction and approved the contracts with
the NC Department of Correction and Freedom House Recovery Center and authorized the
Chair to sign the contracts.
I. Transfer of Affordable Rentals. Inc. Properties
The Board approved the transfer of 13 properties currently owned by the Affordable Rentals,
Inc. to EmPOWERment, Incorporated; and authorized the County Attorney's Office to prepare
the necessary documents to complete the transfer and authorized the Chair and Manager to
execute the documentation.
m. Legal Advertisement for Quarterly Public Hearing -November 23. 2009
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This item was removed and placed at the end of the consent agenda for separate
consideration.
n. Community Use of Schools Facilities for Recreation
The Board approved a set of guiding principles and recommendations from the
Intergovernmental Parks Work Group regarding the potential for use of school facilities for
community recreation purposes, authorizing Parks and Recreation and ERCD staff to
participate in the planned review of existing policies.
o. Propose to Accept Offers to Purchase for Four County Properties
This item was removed and placed at the end of the consent agenda for separate
consideration.
p County Provision of Recvclinp Service for County School Facilities
The Board approved the Memorandum of Understanding with the Orange County Public School
System to provide recycling collection services to Orange County public schools and other
school system facilities and authorized the Chair to sign pending final review by staff and the
County Attorney.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
m. Legal Advertisement for Quarterly Public Hearing -November 23, 2009
The Board considered the legal advertisement for items to be presented at the joint
Board of County commissioners/Planning Board Quarterly Public Hearing scheduled for
November 23, 2009.
Chair Foushee proposed that the meeting time be changed to 7:30 p.m. at the Central
Orange Senior Center and that a dinner meeting be added at 5:30 p.m. at the Link Government
Services Center.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to approve the November 23, 2009 Quarterly Public Hearing legal advertisement; to
change the time to 7:30 p.m. for the Quarterly Public Hearing at the Central Orange Senior
Center; and add a dinner meeting at the Link Government Services Center at 5:30 p.m.
VOTE: UNANIMOUS
o. Propose to Accept Offers to Purchase for Four County Properties
The Board considered offers to purchase four County properties offered for sale and
approving a resolution initiating an upset bid process and authorizing the Chair to sign.
Commissioner Jacobs made reference to the historic nature of the N. Churton St.
properties that the County is seeking to divest. He said that he contacted someone that is
involved in historic preservation and there are no protections for these properties. He said that
when the County did renovations at the courthouse, some of the public accused the County of
not taking care of historic buildings. He said that the County Commissioners adopted a policy
that any time there is any work on a property that it has purchased, that it will first do an
archaeological, cultural, and historic assessment.
Pam Jones said that staff did not do any archeological studies on these properties they
are selling.
Commissioner Jacobs said that this is a mistake. He said that it should be the policy
that if the County conveys a historic property that it should be protected when transferring
hands. He said that he had sent a model agreement between Preservation North Carolina and
a property owner to the County Attorney just so he could see it. He suggested asking the
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people who have offered on these two properties to voluntarily enter into this type of agreement
as part of the sale and have staff report back at the November 17th meeting.
Frank Clifton said that they need to now advertise for upset bids and he said they could
add this provision in the advertisement. He said that if there are no higher bids then they can
talk to the existing bidders.
Commissioner Gordon suggested deleting #9 on the agenda abstract, which stated that
"if no qualifying upset bid is received after the initial public notice, the offer set forth above is
hereby accepted; and the appropriate county officials are authorized to execute the instruments
necessary to convey the property to the group(s) listed above."
Pam Jones said that they are amenable to bringing this back to the Board and they can
remove item #9.
Commissioner Yuhasz said that if all of the bids were rejected, then the intentions could
be clear from the beginning about the historic preservation.
John Roberts said that he is not comfortable with the changes in the terms and he would
want to make sure they were legal first.
Commissioner Jacobs suggested that staff see if the bidders were amenable in the
meantime.
Commissioner Hemminger said that she would not be comfortable springing aseven-
page document on someone.
John Roberts said that the County could reject all bids and add the historic preservation
document on the advertisement.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Pelissier to
reject the current bids, add the preservation easement language, delete #9 from the process,
and re-advertise the properties for sale.
Commissioner Gordon asked if this could just be referred to staff for a recommendation
and delete #9 from the process.
Frank Clifton said that it is not his recommendation to reject the bids because it delays
the process.
VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon, Commissioner Hemminger)
5. Public Hearings-NONE
6. Regular Agenda
a. Orange County Agricultural Development and Farmland Protection Plan
The Board considered adopting an Agricultural Development and Farmland Protection
Plan for Orange County and authorizing the staff to submit the plan to the North Carolina
Department of Agriculture and Consumer Services.
Cultural Resources Specialist Tina Moon made a PowerPoint presentation.
Farmland Protection Plans must include the following sections:
1) A statement of the need for action
2) A summary of the County's authority to adopt a plan
3) An overview of agricultural activity, past and present
4) An outline of challenges for local agricultural efforts
5) A list of opportunities for enhancing local agriculture, including existing programs and
potential new programs
6) A set of action steps to ensure a more viable agricultural community for the future, and
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7) A schedule to implement the action steps.
*Counties must adopt new Farmland Protection Plans to lower match requirements for ADFP
Grants.
Table of Contents -ORANGE COUNTY FPP
Executive Summary
Introduction
Guiding Principles
Overview of Agricultural Activity
Challenges to Agriculture in Orange County
Opportunities for Enhancing Agriculture in Orange County
A New Vision for the Future of Agriculture
Action Steps to Ensure a Viable Agricultural Community
Implementation Schedule
Authority of County Action
Project Milestones
January 2008: APB meets with Ag Advisory Boards to discuss Farmland Protection Plan and
Comprehensive Plan
November 2008: APB meets with Ag Advisory Boards to discuss draft Farmland Protection
Plan.
March 2009: ERCD staff meets with Karen McAdams and Gail Hughes to make sure all
comments are addressed
April 2009: ERCD staff submits draft FPP to ADFP staff, Ag Advisory Boards and EDC for final
review
Mav 2009: ERCXD staff makes final revisions
June 2009: County staff shares working draft with BOCC as informational item
Executive Summary -Successes
1) More than 2,700 acres enrolled in the Voluntary Agricultural District Program
2) More than 1,275 acres of prime and threatened farmland permanently protected with 14
conservation easements
3) Vital component of local economy; more than $46,000,000 in gross agricultural sales in
2005
4) Great direct marking opportunities; strong interest in locally grown products; five active
farmers markets
5) Regional value-added food processing center underway
6) People Learning Agriculture Now for Tomorrow (PLANT) farm enterprise incubator at
Breeze Farm
Executive Summary -Areas for Improvement
1) We can no longer consider working lands (agricultural or forestlands) as undeveloped
2) We must recognize and address the challenges of large-acreage framers, the stewards
of our "rural experience"
3) We must adopt a more proactive approach toward attracting new farmers and new farm
operations
4) We must continue to educate residents on the indirect benefits of agriculture to the
community
5) We must begin a dialogue with the municipalities in and adjacent to Orange County
regarding agricultural issues
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2 Dave Stancil said that the next round of grants for this comes up in December.
3 The recommendation is for the Board to adopt the plan in accordance with the
4 resolution, and authorize staff to submit the adopted FPP to the North Carolina Department of
5 Agriculture and Consumer Services.
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7 Commissioner Gordon made reference to the resolution, and the third "Whereas" where
8 it says, "permanent protection of more than 2,500 acres of farmland." She noted that 2500
9 acres was the total amount of land protected and not just farmland. She suggested saying
10 "2,500 acres of land," and then finding out how much farmland this was specifically protected. If
11 the specific amount is not known, then she suggested the following language: "more than
12 2,500 acres of land, including significant amounts of farmland obtained through agricultural
13 conservation easements."
14 Commissioner Pelissier said that she likes the way this involves different stakeholders.
15 She said that a farm survey is going to be distributed in January. She said that this is about
16 farming and not just about farmland preservation. She asked how much money was in the
17 Agricultural Development Farmland Preservation Trust Fund and how much has been used.
18 Dave Stancil said that for this cycle there is approximately $3 million. Orange County
19 was one of the first entities to receive money from this, but there has not been much money to
20 give in recent years.
21 Commissioner Pelissier asked if the Economic Development Commission would also be
22 involved, and to what extent.
23 Dave Stancil said that there has been discussion of a joint meeting with the EDC early
24 next year.
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26 Commissioner Jacobs made several grammatical corrections to the document and staff
27 indicated that they would make the suggested changes.
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29 On page 43, under Piedmont Value-Added Shared-Use Food & Agricultural Processing
30 Center, he thinks that this should be very upfront and have that it was Orange County and its
31 public/private partners. He does not want to portray that Orange County did this alone.
32 Commissioner Jacobs asked about the Agricultural Support Enterprises program (pp. 48
33 and 51) and said that it was supposed to come back to the Board a long time ago.
34 Planning Director Craig Benedict said that originally this was an exercise of ERCD and
35 EDC. As it moved through the process, there was a delay and now the Planning Department is
36 working with EDC to work this into the Unified Development Ordinance program. Staff can give
37 a status report.
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39 On page 48, regarding the Value-Added Processing Center, instead of "the County hired
40 a broker," it should say, "the four-county entity hired a broker," to reiterate the partnership.
41 On page 49, the Cedar Grove United Methodist Church should be specific and
42 "Granges" should be capitalized.
43 On page 51, item 6-e, "Require buffers between residences and farm fields and
44 buildings as part of new residential subdivisions," he said that this should be done already.
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46 Commissioner Jacobs made reference to page 52, and the tax relief incentives, and he
47 suggested that an item `e' be added: "Support a revision to the revenue and acreage
48 requirements of the use Value Program. Many operations can easily meet the revenue
49 requirements but do not meet the minimum ten acres threshold for agricultural operations." He
50 said that there are more and more small acreages that are generating revenue, but are
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1 penalized in North Carolina and not considered eligible for Use Value. It has been in the
2 legislative goals for years, and this would be an appropriate place to add this intent.
3 On page 54, he would like to mention the requirement of some County functions to use
4 locally grown produce, etc.
5 On page 56, item `i', he does not know what this is referring to. Dave Stancil said that
6 there have been some discussions about impacts of farm animals getting loose and interactions
7 with Animal Services. There has been some interest in having further discussions about this
8 and having some policies.
9 On page 57 and page 58, item 2-a on both pages, he said that again, the County cannot
10 expand existing programs in the schools.
11 On page 60, it refers to Enhanced Voluntary Agricultural Districts, and he has not seen a
12 definition of this.
13 On page 61, it should say, "encourage new farmers," instead of "produce new farmers."
14 Commissioner Jacobs said that there was discussion with EI Centro Latino about
15 involving members of the Latino community and he would like to mention this.
16 On page 61, item 4-a, he questioned the wording of "honorable occupation," and said
17 that no one was saying that farming was a dishonorable occupation.
18 On page 62, lower-case item `c' at the top, he said that he would hope that the Board
19 would adopt this policy before the five years are up.
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21 Commissioner Yuhasz made reference to page 16 and the population and said that this
22 number is wrong.
23 Commissioner Gordon asked if the Board could adopt this plan in principle and ask
24 Commissioner Jacobs and any others to write out all of the corrections and bring it back on the
25 consent agenda.
26 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
27 change the wording of the resolution as discussed and adopt the Orange County Agricultural
28 Development and Farmland Preservation Plan in principle with a list of revisions submitted by
29 Commissioner Jacobs and others, and authorize the staff to submit the plan to the North
30 Carolina Department of Agriculture and Consumer Services.
31 VOTE: UNANIMOUS
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33 Reconsideration of item 4-0:
34 Chair Foushee said that staff needs clarification on item 4-o because there are two
35 properties that are not in the historic district of Hillsborough. The understanding is that those
36 bids could move forward.
37 A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
38 to reconsider item 4-0.
39 VOTE: UNANIMOUS
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41 Commissioner Yuhasz asked if the Homestead property had any historical significance
42 and Pam Jones said that it was built in the 1950's and she does not know of any historical
43 origins. It used to be a community center.
44 Commissioner Jacobs said that the County should have a policy that when it divests of
45 any property that they need to see if there is any historical significance.
46 Commissioner Gordon said that, since this issue was first presented at tonight's
47 meeting, she did not have time to think about the best way to proceed. She would prefer to
48 have research from the staff first so they could make a recommendation to the Board.
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1 A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
2 proceed as staff recommended with the Homestead property, with the deletion of #9 as stated
3 previously, and to ask staff to report back with a recommendation for the other properties.
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5 VOTE: Ayes, 3 (Commissioner Nelson, Chair Foushee, Commissioner Gordon); Nays, 4
6 MOTION FAILED
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9 A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
10 move forward with the Homestead property, delete # 9 from the process, reject the bids for the
11 historic Hillsborough properties, and ask staff to bring back these properties, and if appropriate,
12 re-advertise those with a preservation provision in place.
13 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Nelson)
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15 Frank Clifton said that before any more properties are put on surplus property, staff will
16 do property searches for historical significance.
17 Commissioner Nelson asked to bring back the New Hope Old 911 station property also.
18 Commissioner Jacobs said that the Historic Preservation Commission has an Inventory
19 of Historic Properties that it gave to the Board and it has been waiting for ten years to be
20 published.
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22 b. School Caaital Proiect Ordinance Amendments
23 The Board considered approving the School Capital Project Ordinances and approving
24 the appropriation of $724,000 from fund balance in the General Fund for transfer to the School
25 Capital Project fund.
26 Financial Services Director Gary Humphreys said that staff has spent a lot of time
27 reviewing these projects and in some cases there was more money budgeted in the county
28 records than CHCCS was showing overall for their projects.
29 BACKGROUND: As part of the process of reviewing School Capital Projects, County
30 staff shared the County's recorded amounts for School Capital Projects with the staff of the two
31 school systems. County staff and the staff of both the Chapel Hill-Carrboro City Schools
32 systems and the Orange County Schools system had several meetings to compare respective
33 project records and determine how to bring records into alignment. It has been a number of
34 years since there has been an effort to reconcile the School project records and County project
35 records. Differences have accumulated over this time.
36 County staff met first with Chapel Hill-Carrboro City Schools system staff. After initially
37 reviewing the budget and expenditure differences, staff jointly agreed to compare the remaining
38 unspent budget balances for all of the projects per the County records with the remaining
39 unspent project balances according to the school system's records. The comparison showed
40 that the County's records have a total remaining unspent project balance for all of the projects
41 that is greater than that shown on the school system's records. School staff and County staff
42 agreed that awin-win approach would be to come to agreement on the remaining project
43 budget balances and adjust records accordingly. The amount of additional funds needed to
44 correct the under-funding for the CHCCS projects has been reduced significantly.
45 County staff then met with Orange County Schools' staff and went through a similar
46 process. The number of items for which there were differences was not as great but the overall
47 remaining budget needed was approximately the same. In meeting with both of the school
48 systems, a number of projects were identified that were no longer active but that were still on
49 the records of the County or the school systems or both that could be taken off the books.
11
1 The plan to correct the under-funding of the County and School Capital Project funds
2 required an additional $2.4 million appropriation from the General Fund in FY 2009-10. Of that
3 amount, the amount to be appropriated for transfer to the School Capital Project fund is
4 $724,000.
5 The two schedules, which are incorporated by reference, summarize the project
6 ordinance amendments being presented to adjust the currently active project ordinances as
7 agreed upon with the staffs of the Chapel Hill-Carrboro City Schools system and Orange
8 County Schools system.
9 In addition to addressing the immediate problem of bringing records into alignment, the
10 staffs of each of the school systems and County staff agreed that there needed to be steps to
11 ensure that project records are kept in alignment in the future. County staff and school staff
12 have been working more closely for some time which has served to keep more recent project
13 activity in better alignment. Communication on an ongoing basis is the key element in keeping
14 records in agreement. A joint meeting with both school systems was held to discuss how to
15 accomplish this. The staff of the school systems and County staff agreed to meet twice a year
16 to compare records and resolve any differences. The County Financial Services staff would set
17 the meetings which would occur in the September and March-April timeframe. Additionally, the
18 staffs agreed to maintain good ongoing communication whenever there was a question related
19 to capital project activities. The staffs also agreed that actions would be taken on a timely basis
20 to close out project budgets when a project was complete.
21
22 FINANCIAL IMPACT: An appropriation of $724,000 of fund balance in the General
23 Fund for transfer to the School Capital project fund is necessary to complete the funding
24 needed to bring project funding into alignment.
25
26 RECOMMENDATION: The Manager recommends that the Board:
27 1) Approve the attached School Capital Project Ordinances; and
28 2) Approve the appropriation of $724,000 from fund balance in the General Fund for
29 transfer to the School Capital Project fund.
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31
32 Commissioner Yuhasz asked about the accounting of the original budget and what was
33 actually spent in these projects, particularly on the construction projects. He would like to see
34 this information as the Board goes forward.
35 Commissioner Pelissier said that she does not know where the $724,000 came from.
36 Gary Humphreys said that in order to fund these ordinances, this money was needed and it is
37 part of the $2.4 million that is part of the plan.
38 Frank Clifton said that in the past the Board of County Commissioners would approve
39 projects and then not take the budgetary action to do the project.
40 Chair Foushee said that the projects were initiated and completed, but the
41 reconciliations were not completed. She said that it would be helpful to see the numbers
42 aggregately.
43 The County Commissioners agreed that they would like to see information that shows
44 where the $724,000 comes from with an explanation of the numbers.
45 Discussion ensued on how the Board would like these specific figures with an
46 explanation.
47 Frank Clifton said that he would bring this information back to the Board.
48
12
1 A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
2 refer this back to staff to get the information about the $724,000, with an explanation of
3 procedures to be put in place so that this will not happen again.
4 Discussion ensued on the CHCCS project, Mechanical Systems.
5 Frank Clifton said that the Orange County staff and the school systems' staffs are
6 working together to make sure that this does not happen again.
7
8 VOTE: UNANIMOUS
9
10 c. Register of Deeds Reorganization Plans
11 The Board received information on the reorganization plans in the Register of Deeds
12 Office.
13 Register of Deeds Joyce Pearson made this report. There are two supervisors that are
14 taking advantage of the retirement incentive program, so the department is reorganizing. The
15 revised reorganization will:
16 - Reduce the number of supervisory positions from four to two, which will flatten the
17 department's organizational structure
18 - Reclassify the two vacant supervisor positions to Register of Deeds - Leadworker
19 - Change the reporting structure for one Deputy Register of Deeds II in the Imaging
20 section
21 - Change the reporting structure for the Imaging Supervisor to the General Operations
22 section
23 - Change the title of the Imaging Supervisor to Imaging Coordinator
24 - Create a second Assistant Register of Deeds which will supervise the Vitals,
25 Indexing, Imaging Deputy Register of Deeds staff
26
27 The County will realize an estimated $70,954 savings through the retirement incentive
28 program. The reorganization will utilize the same number of positions (16). One position will be
29 reclassified to a higher grade, for an estimated cost of $5,222; two vacant positions to be
30 reclassified to a lower grade, for an estimated savings of $5,625. The long term financial
31 impact to the County is neutral.
32
33 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
34 to acknowledge the reorganization of the Register of Deeds office and approve the title change
35 of the Imaging Supervisor to Imaging Coordinator.
36 VOTE: UNANIMOUS
37
38 d. Agreement for Orange County Main Library Public Art Project -Revisited
39 The Board considered authorizing the County Manager to sign the Orange County Main
40 Library Public Art agreement with artist Wayne Trapp contingent upon final review by the
41 County Attorney and the Historic Hillsborough District Commission.
42 Martha Shannon made this presentation.
43 BACKGROUND: On June 16, 2009 the BOCC approved the public artwork for the new
44 library ("You are Here" by Hillsborough artist team of Michael Waller and Leah Foushee)
45 contingent upon approval by the Hillsborough Historic District Commission. On October 7,
46 2009 the Hillsborough Historic District Commission voted 4-2 to reject this public art proposal as
47 submitted for the new library due to scale. The Orange County Library Public Art Selection
48 Committee met again on October 14, 2009 and decided to move forward with its second choice
49 -the public art proposal by Wayne Trapp of Vilas, NC.
13
1 For over four decades Wayne Trapp has been creating and making "site-specific"
2 sculpture for a wide range of clients including school districts, hospitals, transit stations, banks
3 and public parks. Mr. Trapp has many years of experience in working with engineers, building
4 inspectors and design firms and has been commissioned for site specific sculptures all over the
5 world. Wayne Trapp's sculpture was previously commissioned for the Seymour Center in
6 Chapel Hill. For images of previous work and more information, please visit Mr. Trapp's
7 website at www.wavnetrapp.com.
8 Wayne Trapp's site specific public art commission for the Orange County Main Public
9 Library in Hillsborough will be constructed using materials of lasting quality such as weathering
10 steel (cor-ten). The addition of several rocks from local quarries can be used for seating
11 purposes.
12 Mr. Trapp's thoughts about this sculpture for our new library are as follows: "The ebb
13 and flow of nature is a primary impulse for this classic contemporary sculpture. The open
14 gesture of this piece of art is one that will integrate this historic building into a 21St century
15 environment, allowing the energy of the past to become a part of the energy of today's world.
16 The spirit of this sculpture is expansive yet gentle, a symbolic honoring of the past while inviting
17 it to become a part of the present....allowing both to proceed in a meaningful way for many
18 future generations to enjoy."
19 If authorized by the Board and the Hillsborough Historic District Commission, the public
20 artwork by artist Wayne Trapp will be located in a 13 ft. x 40 ft. space located on the northeast
21 side of the main entrance to the library facing Margaret Lane.
22 FINANCIAL IMPACT: The total project budget of $10,000 comes from $5,000 allocated
23 by the Board in the CIP and $5,000 in matching funds from the Friends of the Orange County
24 Public Library.
25
26 A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
27 to approve authorizing the County Manager to sign the Orange County Main Library Public Art
28 agreement with artist Wayne Trapp contingent upon final review by the County Attorney and the
29 Historic Hillsborough District Commission.
30
31 Commissioner Jacobs said that he mentioned something about finding a place for the
32 other sculpture. He would like to have Martha Shannon work with the Historic Hillsborough
33 District Commission before commissioning artwork for downtown Hillsborough. He would like to
34 tie this in with the justice facility.
35 VOTE: UNANIMOUS
36
37 7. Reports
38 a. Update on 911 Addressing Project
39 The Board received an update on the 911 Addressing Project.
40 Orange County GIS Director Steve Averett made this PowerPoint presentation.
41
42 911 Addressing Project
43
44 History
45 - MOAD (Master Orange Address Database)
46 - Effective 1999-2007
47 - Microsoft Access database
48 - Not suitable for spatial or visual analysis using GIS tools
49 - 911 CAD (computer Aided Dispatch_ wasn't capable of using GIS address points
50 - Updates often took months
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GTG Address Verification Proiect
- 2003-2007
- GTG was to create a GIS based address point layer for Orange County and
reconcile that with the 911 MSAG (Master Street Address Guide) provided by the
phone companies and MOAD
- GTG sent crews in the field to verify existing addresses and streets, GPS missing
addresses and streets, and document ambiguities and inconsistencies
- Results: 65,745 addressable structures; 10,000+ unverified addresses; 2625 that
needed readdressing
- GTG recommended that Orange County adopt an address ordinance giving staff the
authority to correct addressing discrepancies and outlining a methodology to assign
addresses in the future
Database Design and Municipal Integration
- 2007-2009
- Prior to GTG contract, a final database design and maintenance plan was not
agreed upon between the addressing jurisdictions
- GIS Director began an initiative to involve all primary addressing jurisdictions and
County departments in the development of a comprehensive data model
- In May of 2008, ES contracted with its CAD vendor, Logisys, to upgrade its 911 CAD
with the capabilities to validate calls using the County's new address points
- CAD requirements provided a baseline for the data model, then all customers
provided input and feedback for the final database design
- GIS staff worked with staff from Orange County, Chapel Hill, and Carrboro to
implement a methodology for maintaining addresses and streets
- GIS enterprise technology allows editors in Chapel Hill and Carrboro to maintain
replicas of the data on their servers and immediately synchronize all finalized
changes to the County's servers
- Logisys went live using the new address database model in January 2009
- Now 911 dispatchers can view addresses immediately after they are assigned
- First example in North Carolina of this type of intergovernmental, cross jurisdictional
address maintenance
- Our data model and maintenance methodology have garnered positive feedback
and interest from several local, state, and private agencies
BENEFITS
- Improved emergency response time that can and will save lives
- Quick assignment and notification of new addresses
- Improved routing of county and municipal services (bus routing, solid waste pickup,
building inspections, social services, tax appraisal, and et. al.)
- Improved analysis by staff for more accurate environmental and urban studies
- Higher level of integration with state and federal agencies, making us more viable for
NOW WHAT?
- ES and GIS staff have organized afollow-up address verification project in which the
volunteer and municipal fire departments have agreed to gather information to
further validate and enhance our addressing data
- New data will allow for more complex analysis regarding structure type and land use
- Project to be completed in Fall 2010
15
1 - Revision of Orange County Address Ordinance
2 - Ordinance will define addressable structures and put legal parameters and
3 enforcement measures in place for addressing procedures
4
5
6 Commissioner Gordon said that it seems to be taking too long to complete this project.
7 It has been going on since 2004. For public safety reasons, she is quite concerned about the
8 numbers for the street addresses being out of sequence because it is difficult for emergency
9 vehicles to locate a residence. She said the previous county manager told her a house had
10 burned down because the response vehicle could not locate the residence. She said she is
11 familiar with the concerns in the sequencing of street numbers because she lives on a road,
12 and has traveled on other roads, with this problem.
13
14 The Board supported moving forward with this project.
15
16 8. Board Comments
17 Commissioner Jacobs said that the groundbreaking for Fairview Park was yesterday
18 and it was a long time coming. He said that there is a sign that points to this park, but it is so
19 small. He asked that staff put a larger and nicer sign on US 70.
20 A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
21 ask staff to erect a sign on US 70 that is commensurate of the pride of the establishment of
22 Fairview Park.
23 VOTE: UNANIMOUS
24
25 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
26 to put the County Manager's report before the Board Comments on the agenda.
27 VOTE: UNANIMOUS
28
29 Commissioner Hemminger asked about the status of the hunting ordinance and
30 hunting with dogs and when this item will come forward.
31 Assistant County Manager Gwen Harvey said that there is an information item in the
32 packet tonight and on the 17tH
33 Commissioner Hemminger said that she would forward the complaints that she has
34 received to the staff.
35 Commissioner Pelissier -none.
36 Commissioner Yuhasz said that when multiple departments are associated in an
37 abstract, such as 6-a, then the names should be associated.
38 Commissioner Gordon said that the County Commissioners wanted the OUT Board to
39 talk about the issues related to drive-thrus, and the OUTBoard had done that. She briefly
40 summarized the discussion.
41 Commissioner Gordon reported on the Durham- Orange Friends of Transit kickoff
42 organizational meeting. The group, also known as "DO Transit", will be promoting transit in this
43 region and she invited the Commissioners and others to join in this effort.
44 Chair Foushee said that she has been appointed to the Hillsborough Historic
45 Commission by Governor Perdue.
46
47 9. County Manager's Report
48 Frank Clifton said that December 7tH is the date that the transfer station item comes
49 back to Board of County Commissioners.
16
1 He said that he has withheld authorizations on filing vacant positions because of the
2 budget. He encouraged the County Commissioners that if they need additional work done, to
3 know that there are limits and time restraints because of reduced staff.
4
5 10. Appointments
6 a. Animal Services Advisory Board -New Appointment
7 The Board considered making a new appointment to the Animal Services Advisory
8 Board..
9 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
10 appoint Katherine Brooks to a first term ending June 30, 2012 to the ASAB.
11 VOTE: UNANIMOUS
12
13 b. Chapel Hill/Orange County Visitors Bureau -New Appointment
14 The Board considered making a new appointment to the Chapel Hill/Orange County
15 Visitors Bureau.
16 A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
17 appoint Anthony Carey to a first full term ending December 31, 2012 to the Chapel Hill/Orange
18 County Visitors Bureau.
19 VOTE: UNANIMOUS
20
21 c. Hillsborough Planning Board -New Appointment
22 The Board considered making a new appointment to the Hillsborough Planning Board.
23 Commissioner Gordon said that she does not recall the Board appointing someone that
24 has not applied or at least has not submitted an application.
25 The Clerk said that the Town of Hillsborough had made the recommendation and
26 usually follows the same procedure but that she would check to see why an application had not
27 been filed for Mr. Bemis since he is recommended by the Town of Hillsborough.
28 Donna Baker said that she would pull this and make sure it goes through the proper
29 procedures.
30 This item was deferred.
31
32 d. Historic Preservation Commission -New Appointment
33 The Board considered making a new appointment to the Historic Preservation
34 Commission.
35 Commissioner Hemminger said that this commission has no racial diversity. She would
36 like to encourage more people to apply.
37 Commissioner Jacobs said that part of the problem is that there are state requirements
38 to qualify and members have to have some level of expertise in historic preservation.
39 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
40 to appoint Steve Rankin to a partial term ending March 31, 2010 to the Historic Preservation
41 Commission.
42 VOTE: UNANIMOUS
43
44 11. Information Items
45
46 • Proposed Parking Plan for West County Campus Buildings
47
48 Commissioner Jacobs said that the way the new library was designed, it encourages
49 people to spend time in the library, and he does not know why there is a two-hour parking limit
50 in the parking deck.
17
1 Frank Clifton said that this is during the day only. In the evening, there will be more
2 parking due to offices closing. He said that the library staff was involved in the discussion.
3 Commissioner Jacobs wants to be very communicative to the patrons of the library so
4 that they understand that this is a work in progress.
5
6 12. Closed Session-NONE
7
8 13. Adjournment
9 A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
10 to adjourn the meeting at 10:07 PM
11 VOTE: UNANIMOUS
12
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14 Valerie Foushee, Chair
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16 Donna S. Baker, CMC
17 Clerk to the Board
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DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
November 17, 2009
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
November 17, 2009 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC.
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: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
Willie Best and Gwen Harvey, and Deputy Clerk to the Board David Hunt (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 Aaenda
Frank Clifton introduced the new Financial Services Director for Orange County,
Clarence Grier, who came to Orange County from Greensboro Housing Authority. Mr. Grier will
start on December 14tH
Frank Clifton thanked both school systems since they allowed some of their staff to sit in
on the assessment panel for this position.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Cornelius Kirschner said that on September 29th, the Chapel Hill Town Council met to
discuss offering part of its Town Operations Center land for a transfer station. A motion was
made to remove the two Millhouse sites from consideration and the vote was five votes in favor
of studying the financial impact of the NC 54 site and the Durham Transfer Station option, with
two votes opposed. The two votes opposed included Mayor Foy and one other councilmember.
The motion was passed to study only the NC 54 site and the Durham option. He said that it
was very clear that the councilmembers were voting to take the two Millhouse Road sites out of
consideration altogether. The majority of the discussion was that the choice of a site must take
into consideration much more than just the economic issue. The social and environmental
issues should also be considered. He said that the Mayor did not want to accept this concept.
He said that the Town Council also rejected aten-acre extension of land also under
consideration. Economic considerations cannot be the sole determining factor in the choice of
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2
a waste transfer site. He said that if economic considerations are the only factors in governing
decisions, there would not be a need for government officials, but only bean counters.
Commissioner Nelson arrived at 7: 09PM.
Will Raymond is a citizen of Chapel Hill. He spoke about the waste transfer station
issue. He said that several years ago it was decided to have community participation in this
process, but this is getting more difficult. He said that he would like the minutes from the
SWAB meeting to be presented to the Board of County Commissioners and the public at the
December 7th meeting on the waste transfer station. Regarding public participation, he said
that the Olver website needs to be updated and there are a number of questions that need to
be answered before December 7th. He said that the Paydarfar property was bought to be used
as a park and this is clear in reading the minutes, but the Board continues to talk about it as if it
could be used as a waste transfer site. He wants to make sure that the documents that the
public needs to weigh in on this are available in a timely manner and that they are accurate and
consistent, and that the public is invited.
Mark Dorosin, a Senior Attorney at the Center for Civil Rights at UNC, read a letter that
he had written to the County Commissioners:
Dear Commissioners:
The Center for Civil Rights has been working with residents of the Rogers, Millhouse,
and Eubanks Road on a number of environmental justice issues, including the County's recent
consideration of siting the solid waste transfer station on the Paydarfar site on Millhouse Road.
We appreciate that the decision as to where to locate the WTS is a difficult and critical one for
the Board. However, pursuing the Paydarfar site violates the intent, spirit, and letter of the
detailed and deliberate selection process you designed; disregards the extensive public input
establishing the criteria as well as the County's purported commitment to such input; and
ignores the overwhelming racial and socio-economic disparate impacts of this site. In fact,
consideration of the Paydarfar site expressly elevates the fiscal costs of a WTS over the
environmental and social justice costs to the surrounding community and the County as a
whole.
Due Process
As you know, the process for selecting a WTS site began almost 2 years ago, in
December 2007. As one of its first actions, the BOCC unanimously adopted a resolution noting
that it is "keenly concerned and committed to conducting a process that provides for a high
level of public participation and abundant opportunity for meaningful public participation
throughout." In light of this stated commitment to transparency and substantive community
input, the County held several public meetings and accepted comments and suggestions from
County residents from December 2007 through June 2008, and ultimate developed three sets
of criteria by which to evaluate each potential site. The process to this point, though
cumbersome at times, appeared to have honored the County's stated commitment.
- On September 16, 2008, the ten sites scoring highest on the technical and
exclusionary criteria were presented to the BOCC, which voted to then apply the
community specific criteria to all 10 sites. The Paydarfar property failed to even
meet the basic exclusionary criteria and thus was not among these ten sites.
- On October 1, 2008, the results of evaluating the ten sites pursuant to the
community specific criteria were presented to the BOCC, which agreed to proceed
3
1 with consideration of the top three sites. It is worth noting that during these
2 discussions, the county attorney specifically advised against changing or applying
3 criteria "after the fact."
4 - In December 2008 the Site Selection Status Report was issued. It evaluated three
5 sites "selected by the BOCC" and recommended the County pursue acquisition of
6 the Howell site. At that time, the Commissioners were expressly given and clearly
7 rejected the option to "revise site and evaluation criteria and restart search process."
8 Further evaluation and analysis of the final three sites continued.
9 - A Site Investigation and Evaluation of West 54 and OWASA sites was completed on
10 April 16, 2009.
11 - On May 14, 2009, former Chapel Hill Mayor Kevin Foy unilaterally introduced a town
12 owned site on Millhouse Road into consideration for the WTS. This site had also
13 been eliminated from consideration by application of the technical and exclusionary
14 criteria.
15 - On September 1, 2009, almost two years after the site selection process was begun
16 and, $450, 000 was expended on conducting the site selection process, and ten
17 months after a site which met all established criteria was identified and
18 recommended for acquisition, the Paydarfar site was introduced by staff as a
19 potential alternative. Despite acknowledging that consideration of this site ignored
20 the established criteria and circumvented the carefully developed selection process
21 and the lauded transparency thereof, four commissioners nonetheless voted to
22 pursue Paydarfar as a viable option.
23
24 Due process requires, at a minimum, that legal and governmental proceedings be fair,
25 and that the governmental decision maker not act in an arbitrary and capricious manner.
26 Clearly defined and openly established policy and procedures -and the impartial adherence to
27 those procedures once adopted -are critical to protecting the due process rights of affected
28 citizens. The BOCC's decision, at the last minute, to apparently abandon its established
29 procedures, evaluation criteria, and timeline, and perform a cursory evaluation of the Paydarfar
30 site betrays its stated commitment to a transparent process with meaningful community input.
31
32 Environmental Justice
33 Among all of the County's adopted exclusionary, technical, and community specific
34 criteria, "Environmental Justice Considerations" is the highest weighted and valued element (the
35 only criteria rated "extremely important" and allotted 20 points). In defining environmental
36 justice, this criterion requires that the BOCC consider "inequitable sharing of negative
37 environmental consequences and potential cumulative environmental impact on proximate
38 communities or neighborhoods."
39 As noted above, consideration of the Paydarfar site has not followed any of the
40 established site selection procedures and thus there has been no substantive evaluation or
41 analysis of the environmental justice issues of this site. Nonetheless, some have suggested
42 that the Paydarfar site has no "cumulative" environmental justice impacts because it is
43 somehow not part of the community that has borne nearly four decades of impacts of the landfill
44 and related solid waste uses. This narrow conclusion fails to adequately recognize the history
45 of the community surrounding the landfill, the ongoing legacy and impacts of other industrial
46 uses approved and developed in the neighborhood, and the anticipated noise and traffic
47 increases and patterns through the area. In additional, the Paydarfar site abuts the old landfill
48 property, and as such clearly constitutes an extension and expansion of the existing solid waste
49 uses on and around Eubanks Road, in violation of repeated assurances that no such expansion
50 would take place. Those historical assurances, it should be noted, have been premised on the
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admitted racial and social inequity in further burdening the communities around and most
severely impacted by the landfill and related uses.
The primary factor recommending the Paydarfar site seems to be cost (rated "important"
and allotted 5 points, the lowest ranking for nay criteria). In fact, implicitly acknowledging the
environmental injustice and inequities inherent in the site, staff and some board members have
suggested allocating "some portion of the land purchase differential between the NC 54
site....and the acquisition reimbursement of the County owned site....toward a water/sewer
solution for the Rogers Road area."
This rationalization for ignoring the due process and the environmental justice issues
presented by the Paydarfar site is a further betrayal of promises made to the Rogers road
community and of the social, racial, and economic justice values that the County and its
residents hold dear. Water and sewer infrastructure improvements in the neighborhood have
been recognized and discussed by local governments and the community as compensation for
bearing the substantial burdens of the County's landfill and solid waste operations for nearly
forty years. While residents believe the County (and other local governments) are genuinely
committed in good faith to provide these long overdue improvements, to suggest that these
remedial measures be considered mitigation or consideration for additional -and potentially
ongoing -solid waste uses perpetuates the legacy of disparate impacts on this under-
resourced minority community, undermines the progress being made to remedy those
inequities, and belies the fundamental values of the County and its residents. As Jonathan
Kozol once said, "Charity is no substitute for justice."
We respectfully request that the BOCC eliminate the Paydarfar site from further
consideration.
Sincerely,
Mark Dorosin
Senior Managing Attorney
Sarah Krishnaraj
Attorney
Chris Lamb said that he is a soccer dad. His sons have played soccer in three different
leagues for the past eight years. He was delighted when the Board of County Commissioners
purchased the Paydarfar site for a park and playing fields. He said that Commissioner Gordon
and Commissioner Jacobs were on the Board at that time when the Board voted unanimously
to purchase the land for this park. He said that on September 1St, the Board directed staff to
research sites for a waste transfer station and one site they looked at was the Paydarfar site,
which borders the Blackwood property on the north and west sides. Since then, the County
staff has had Olver, Inc. perform expensive and questionable site evaluation. In this evaluation,
Olver, Inc. did not mention any impact to the planned Blackwood Park, even though the plan for
the site (Exhibit B) shows that the construction extends beyond the ten-acre Paydarfar site and
into the Blackwood property on two sides. He said that there is also no mention in the report of
a required buffer between the waste transfer station and the park and no mention of conflicting
traffic with 40 or more garbage trucks and minivans filled with children. He said that having a
waste transfer site on this property would degrade the quality of life for many families. He
implored the Board to factor in these comments as decisions are made and reject the Paydarfar
site and construct Blackwood Park.
5
1 Kathleen Schenley read a prepared statement:
2 From: Kathleen Schenley, 6714 Millhouse Road
3 To: The Orange County Board of Commissioners
4 Re: Waste Transfer Station Site
5
6 I am deeply disappointed in the actions of this body and highly discouraged about the
7 future of government in this county. My neighbors and I have watched due process be torn to
8 shreds in the last few months. This body has ignored their own site selection criteria, tossed
9 aside hundreds of thousands of dollars spent evaluating sites selected by that criteria, and
10 climbed merrily onto the bandwagon of an expedient solution.
11 Will you really look at what you are proposing? You want to site a waste transfer station
12 in the supposedly protected rural buffer, on a narrow winding road used by school buses and
13 school children. You want to place it next to a future park. And to do that, you will coerce the
14 Parks Department to sell you a piece of property bought with tax dollars, intended for inclusion
15 in the Blackwood Park, and sold to the Parks Department in good faith that the land would be
16 rejoined with the original parcel to expand the park. You told the residents of Rogers Road that
17 you would not site the transfer station on Eubanks Road. Do you think you're fooling anyone by
18 coming in the back door via Millhouse Road? I could go on and on.
19 I know you're tired of this. We're all tired of this. But you won't have to live next door to
20 your decision. We will. I beg you to take this opportunity to do the right thing. If you're going to
21 throw out the previous criteria, so be it. But at least take a vote and make it official. Open the
22 search to all available ten-acre tracts in the county. This county made a hasty decision 37
23 years ago. Don't repeat that mistake. Yes, it will take more time, but it's the right thing to do."
24
25 Kevin Brice was with Triangle Land Conservancy. He spoke about the Irvin Farm
26 Preserve, which is a partnership project that TLC has embarked on with experienced and
27 talented educators. He distributed a handout. This will be an educational area.
28 Livy Ludington also spoke about the Irvin Farm Preserve, and she is part of the staff for
29 this. She said that they worked briefly with the County Planning Department for a pilot project
30 this summer. The pilot project was successful and they want to expand this program. The Irvin
31 Farm Preserve would like the Board's support as it works with the Planning Department. The
32 vision is for a green camp that will teach children about the outdoors.
33
34 Neil Masson spoke about concerns with the current burning ordinance in Orange
35 County. The current ordinance states that yard waste can be burned between 8:00 a.m. and
36 6:00 p.m. as long as it is not a nuisance. He said that there are pockets within the County that
37 are outside city limits, but border neighborhoods within the city. Because of this, there are
38 some health concerns that he is experiencing. The first is air quality and the second is potential
39 danger of fire spreading. There is a house about 70 yards behind him that burns often, and
40 there is a neighbor that he shares a fence line with that can burn because he is outside the city
41 limits. He said that he is no longer able to open his windows in his home because of the
42 smoke. He said that there is no help from the fire department or police because their hands are
43 tied due to this ordinance. He asked for some revisions to the ordinance. He would love to see
44 the ordinance eliminated or some set limitations on the ordinance, such as setting mileage and
45 acreage minimums to those residing outside city limits.
46 Bonnie Hauser spoke on behalf of Orange County Voice. She said that Orange County
47 Voice would like to know the impact to shift from arevenue-producing landfill to a waste
48 transfer station. She said that they would like to know the fiscal impact. According to the data
49 from Olver, Inc., there will be a cost associated with the transfer station and no revenue. It
50 looks like it is going to cost over $50 a ton to use the waste transfer station. She said that this
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data is based on outdated assumptions, including $4.7 million for the facility, which is now $8
million. It assumes fuel costs of $2 a gallon, it assumes landfill tipping fees of $20 a ton, and it
assumes that all of the towns and UNC will contribute volumes to keep the costs down. She
said that in the $52, there is no allocation for routine overhead in the Solid Waste department or
the building on Eubanks Road and there is no provision for sudden increases in fuel prices or
landfill costs, and there is no allowance to cover the regulatory costs to monitor the landfill after
it closes or to fund the Rogers Road improvements. She said that it looks like this is moving
from a $1-2 million surplus to a $2-3 million cost. She asked that the fiscal impact be made
available to the public.
Robert Eichorn spoke about the Efland Sewer. He is a student at UNC and works with
Habitat for Humanity. He said that the sewer rates have been raised too high. He asked the
Board of County Commissioners to reconsider the high rates and to redo the sewer system.
Sam Gharbo said that Orange County's community is very political. He said that a year
ago he realized that something was wrong with the sewer rate increase. Six months ago, he
presented information because he had done the research and found it. He read from an
original contract that was provided to the community in 1984 for customers to be solicited to
sign up:
Orange County Board of Commissioners
Resolution
WHEREAS, the Efland-Cheeks Elementary School, one of the schools in the Orange County
School system, has continuously experienced serious problems with its wastewater treatment
facility, and those facilities have failed in the past and now, although functioning, are not doing
so properly; and
WHEREAS, the improperly functioning wastewater treatment facilities are discharging
incompletely treated sewage into McGowan Creek, a stream that is part of the Upper Eno
Watershed with an IIA Nutrient Sensitive classification by the State; and
WHEREAS, incompletely or poorly treated sewage system is also entering McGowan Creek
and other streams that are part of the Upper Eno wastewater as a result of the malfunctioning
or non-functioning septic tanks in the Efland Estates subdivision and other areas in the
watershed; and
WHEREAS, the cause of the improperly functioning wastewater system is pervasive of soil
types in this region of Orange County, which do not provide a geological suitable medium for
wastewater treatment systems; and
WHEREAS, the Upper Eno Watershed provides the raw water supply for Corporation Lake, the
source of raw water for the Orange-Alamance Water System and for Lake Ben Johnson, the
source of raw water for Hillsborough Town Water System, which in turn, is the source of treated
water for the Orange Water and Sewer Authority in the time of drought; and
WHEREAS, all of the above continues to create health hazard that affects a substantial number
of people in Orange County, and
WHEREAS, on September 13, 1984, the Board of County Commissioners, recognizing the risk
of the health, safety, and welfare of the people of Orange County affected by the conditions
stated above found that an emergency existed which warranted the issuance of Orange County
of Net Debt Reduction General Obligation Bonds in connection with and for the purpose of
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repaying $200,000 from the Farmer's Home Administration, which loan has been approved in
principle by FMHA, along with a grant of Orange County in the amount of $589,300 for the
construction by Orange County of a sewer collection and treatment system to serve the area of
Orange County identified in principle source the risk of health, safety, and welfare of people of
the County; and
WHEREAS, the Board of County Commissioners now has agreed on the conditions under
which the sewer collection and distribution system will be constructed.....
Point #11: Orange County will appropriate annually to the Operating Revenue of the system
operating budget the difference between annual expenditures and revenues received from
users, fees, investments, and other income of this system."
Michelle Laws acknowledged Robert Campbell, who has been invited to the White
House in reference to his civil rights support of the Rogers Road area. She said that it is
unfortunate that they are at this point today again. She said that there is a terrible stench in the
air, and it is not from the trash. The terrible stench smells like racism and classism. She said
that people that have contributed a lot to this community are not among the professional class
and rich, but are the public servants. She said that these people have given a lot with their lives
in order that the community can dump its trash. She asked the Board to consider the EPA's
definition of Environmental Justice: "The fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies. Fair
treatment means that no group of people, including racial, ethnic, or socio-economic groups
should bear a disproportionate share of the negative environmental consequences resulting
from industrial, municipal, and commercial operations or the execution of federal, state, local,
and tribal programs and policy." She said that the Rogers Road, Eubanks Road, and Millhouse
Road communities have shared a disproportionate brunt and share of the waste in Orange
County. She said enough is enough.
Allison Coleman is a resident in Mebane and spoke about the Efland sewer. She said
that this community has an old system that needs to be updated. There are 213 on the sewer
and they needed 212 to be able to get sewer in 1984. She said that the people in this
community cannot afford the sewer and they live in a Habitat for Humanity community. She
said that they will have to take second and third jobs to pay the water and sewer bills. She said
that businesses could be put on this sewer system to help pay for it.
Mark Marcoplos lives in Bingham Township and said that there is a secret UNC animal
research facility greatly expanding across the street from him and he cannot find out anything
about it because of the laws. He said that he would like a commitment from the County to
address these issues and he wants to know when the State will not notify the citizens about
facilities like this. Regarding the waste transfer station, he said that no one is happy about
sending trash somewhere else in someone else's community. He does not think that the
County leadership is happy about becoming beholden to a giant waste corporation that will
have us by the short hairs when they want to raise the hauling rates. He said that fuel costs are
only going to rise. He said that the current plans for a transfer station will be increasingly
expensive and that the best bet is to avoid getting hooked into the unpredictable system by
siting a landfill in Orange County. He said that solid waste represents an economic opportunity.
This will save money in the long term by avoiding price hikes from waste businesses and fuel
cost escalation. He suggested siting awell-designed landfill in one of the economic
development districts that have been sitting vacant for many years. Then businesses could be
sited there that will make products from the waste stream. There could be incentives such as
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free electricity from methane generated by the landfill. It could be the beginning of an eco-
industrial park. There is space in the EDDs and an Economic Development Department that is
in need of a mission.
Spence Dickerson said that his farm, Spence's Farm, is right down the road from one of
the potential sites of a waste transfer station and he has had over 10,000 children visit his farm
over the past ten years. He said that it is important to have agriculture in Orange County and to
site a WTS in this area is not right. He said that the County needs to protect this land. He
suggested using the waste as an economic development resource.
Joanne Mitchell is a sewer customer of Orange County and she is against the increase
in the sewer rates in the Efland area. She said that last budget year, the community presented
to the Board of County Commissioners a petition with over 200 signatures a few months ago
that were in disagreement with the unfair increase and now they are back. She said that most
customers would not qualify for financial help from DSS with their sewer bills. She said that this
is not an Efland problem, but it is an Orange County problem. She said that the community
would continue to meet and gather support and seek funding sources and education on how to
support this system.
Robert Campbell is President of the Rogers-Eubanks Road Neighborhood Association.
He said that there is a 75% increase in the amount of buzzards swarming around the landfill
this year. He said that they were told by the Solid Waste Director that it was the citizens'
responsibility and he checked with the State, and the State representatives said that it was the
Solid Waste Director's responsibility to make a recommendation for something to be done
about the buzzards. He said that the citizens cannot do anything about the air quality and the
stench from the landfill, but the County Commissioners can ask the State to come out and
monitor this landfill. He said that he is concerned about the quality of health and life in this
community. He said that the citizens are tired. He said that the County has won awards, but no
humanitarian awards. He asked when the lies would stop and the truth would be revealed.
Christopher Vaughn talked about Option 2, Version 3 of the Orange-Alamance County
line dispute. He said that this latest version includes annexing legitimate Orange County
properties that were never in dispute. Specifically, this includes the Orange County park
section of Mill Creek subdivision. They are Orange County residents that live in the park and
do not want to be forced to change their county that they physically and legitimately lie in. He
said that the annexation of Orange County Mill Creek was done so on the recommendation of
the Mill Creek Owner's Association and the Mebane City Council. He said that arguments
presented for this center on the lack of direct County access between the park and the rest of
Orange County. If this were the qualification for county line redistricting, then all properties
meeting the standard should be changing counties. He said that the primary reason for
annexing Mill Creek is money. The land developer, the owner's association, and some
residents are motivated to move Orange County land into Alamance County for the lower tax
rate, in hopes that it will increase lot sales and Mill Creek Homeowner's Association coffers.
Mill Creek has 96 unsold lots, but less than 25 of those are in Orange County. He said that
each of these groups is conspiring to use a political opportunity to usurp the private property
rates through imminent domain. If Mill Creek is allowed to do this, it will set a precedent that
anyone can change the undisputed county line if they can organize and pay to survey it. He
asked the County Commissioners to please keep the County line where it is for current and
future Orange County and Alamance County property owners.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
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3. Proclamations/ Resolutions/ Special Presentations-NONE
4. Consent Agenda
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from October 13 (5:30 p.m. and 7:00 p.m.), 20 and 27, 2009
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 81
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Receipt of Funds for H1 N1 Influenza Response Phase III and Immunization Funds for
Vaccine Storage
The Board accepted funding in the amount of $301,601 for the purpose of implementing the
pandemic flu plan in response to the Presidential Declaration of a Public Health Emergency for
the H1 N1 flu pandemic; and accepted funding the amount of $7,000 for the purchase of
equipment and a monitoring contract for cold chain preservation of vaccine; and authorized
hiring non-permanent staff sufficient to provide administrative support and nurses for
vaccinating the public; and approved the corresponding budget amendment.
e. Performance Agreements with the Town of Chapel Hill for Senior Services
The Board approved the three Performance Agreements with the Town of Chapel Hill to provide
the Department on Aging with funding totaling $68,000 for senior services and authorized the
Chair to sign contingent upon the receipt of final agreements from the Town of Chapel Hill with
changes incorporated as requested by the County Attorney's Office.
f. Terradotta.com Lease: 501 W. Franklin Street
The Board approved the lease renewal as presented for Terradotta.com for the term December
3, 2009 through December 2, 2010 for a rental fee of $825 per month/$9,900 annually;
contingent upon a decision by Terradotta.com to lease Suite 106 in the amount of $495 per
month/$5,940 per year, approved a lease with terms and conditions commensurate with those
contained in the lease for Suite 105; and authorized the Chair to sign lease documents as
appropriate.
g_ Agricultural Development and Farmland Protection Plan
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. Authorization to Resubmit Grant Application to N.C. Agricultural Development and
Farmland Preservation Trust Fund
The Board authorized staff to submit the application for a grant from the ADFP Trust Fund by
the December 4t" deadline, contingent on approval for the County's Agricultural Development
and Farmland Protection Plan also on tonight's meeting agenda.
i. First Reading: Extension of the Ordinance Granting Emergency Services Franchise
and Agreements to Orange EMS & Rescue Services, Inc. and Technical Rescue
Services. Inc.
The Board adopted on first reading the extension of the EMS Franchise Agreements by
Ordinance of the two active rescue squads in the County; Orange EMS & Rescue Squad, Inc.
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and Technical Rescue Services, Inc. d/b/a South Orange Rescue Squad under the same terms
and conditions as the current EMS franchise agreements until March 31, 2010.
L Fiscal Year 2009-10 Budget Amendment #4
The Board approved budget ordinance amendments for fiscal year 2009-10 for Department on
Aging, Department of Social Services, Health Department, and Sheriff's Department.
k. Adoption of Resolution Approving Qualified School Construction Bond Financing for
$4,136,434 for the Carrboro High School Arts Wing
This item was removed and placed at the end of the consent agenda for separate
consideration.
I. Change in BOCC Regular Meeting Schedule for 2009
The Board approved one change in the County Commissioners' regular meeting calendar for
year 2009 by changing the location of the Monday, December 7, 2009 BOCC Meeting from
Central Orange Senior Center to the Southern Human Services Center, 2501 Homestead Road
in Chapel Hill, N. C. starting at 7:00 p.m.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
g_ Agricultural Development and Farmland Protection Plan
The Board considered adopting an Agricultural Development and Farmland Protection
Plan for Orange County.
Commissioner Gordon made reference to the lavender sheet with some suggested
edits. She asked that these edits be included.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
adopt the plan in accordance with the resolution, which is incorporated by reference, and
authorize staff to submit the adopted FPP to the North Carolina Department of Agriculture and
Consumer Services, with the changes as submitted by Commissioner Gordon.
VOTE: UNANIMOUS
k. Adoption of Resolution Approving Qualified School Construction Bond Financing
for $4,136,434 for the Carrboro High School Arts Wing
The Board considered adopting a resolution approving Qualified School Construction
Bond Installment financing in the amount of $4,136,434 under section 160A-20 of the North
Carolina Statutes to finance the Carrboro High School Arts Wing project.
Commissioner Foushee said that this item was removed because someone had signed
up to speak, but apparently this person had already left the meeting.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to approve adopting a resolution, which is incorporated by reference, approving
Qualified School Construction Bond Installment financing in the amount of $4,136,434 under
section 160A-20 of the North Carolina Statutes to finance the Carrboro High School Arts Wing
project, and direct staff to execute documents and complete the closings of the financings.
VOTE: UNANIMOUS
5. Public Hearings-NONE
6. Regular Agenda
a. Proposal to Strategically Relocate EMS Units, Including Immediate
Implementation of Revere Road Facility (Former Animal Services Building)
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The Board considered approving the ongoing plan to strategically relocate Emergency
Medical Services (EMS) stations and enhance response time as call loads determine need and
resources provide.
Emergency Services Director Frank Montes de Oca said that he brought forth to the
Board of County Commissioners earlier this year a report on the EMS system in the County.
One of the factors was to move the EMS stations into the communities that are served. Prior to
that, the County had continued to centralize down to one area, which caused some extended
response times. The response time target was 12 minutes countywide, and it had extended to
17 minutes. One of the options available is to recycle and re-task the old Animal Services
building on Revere Road with an expenditure of $50,000 to turn this building into an EMS
station. The benefit would be to decrease response time in the northern end of the County and
it would also improve the response times in the north end of Hillsborough and allow an east to
west response time on US 70 to the Efland area and the Eno area. The money has been
allocated by the Board's actions last budget year in the Emergency Services Capital Investment
Plan.
Commissioner Gordon asked Frank Montes de Oca to speak to the geographic
distribution of the stations and how that relates to the distribution of the county's population.
Frank Montes de Oca said that there are two stations in the Carrboro area, and they will be
relocating one of those.
Commissioner Gordon said that she is concerned about the staff's ability to cover
Chapel Hill and Carrboro and how to handle this load since the majority of the population lives
in the Chapel Hill-Carrboro area and the map in the agenda packet shows that many of the calls
are from this area. Frank Montes de Oca said that one of the two stations would be moved
toward the east side of Chapel Hill.
Frank Montes de Oca said that there are enough resources to staff six units at one time.
There would be two units in the Carrboro area, one at the New Hope station, one on Revere
Road, and one in Efland.
Commissioner Gordon said that she wants to know more about the distribution of
resources. She said that she was amazed at how many people have called and there was no
ambulance available (235 times last year). What is the balance between distributing the
stations geographically around the county and yet having resources to answer calls in the more
densely populated areas.
Frank Montes de Oca reiterated where the stations would be located. He will continue
to look at the statistics and see how the response times can be decreased.
Commissioner Jacobs asked about the discussions about using the Kirby property and
Frank Montes de Oca was not familiar with that discussion.
Commissioner Jacobs said that the County Commissioners were approached and they
discussed using a property that was purchased on Schley and Mincey Roads to be used as
either a fire station or something. He asked Frank Montes de Oca to check into this for a
status.
Commissioner Jacobs said that as new vehicles are brought on line, he would like to talk
about fuel efficient vehicles.
Commissioner Pelissier asked if there were any projections about the future station in
Cedar Grove. Frank Montes de Oca said that there is no staffing for one in this area at this
time, but he wants to keep it on the radar.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to:
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1. Approve the ongoing plan as proposed by Emergency Services to strategically locate
EMS stations as call loads determine the need and resources provide; and
2. Authorize Emergency Services and Asset Management and Purchasing Services to
proceed with the immediate plan to refurbish the Revere Road site for an EMS station;
and
3. Authorize Asset Management and Purchasing Services to provide to the BOCC a plan
to divest 1914 New Hope Church Road following refurbishment of 304 Revere Road
and re-location by EMS; and
4. Authorize the continuation of the project contingent upon necessary permits and
approvals from the Town of Hillsborough; and
5. Approve funds up to $50,000 from the Emergency Services Reserve Capital Project.
The Financial Services Department will bring forward a budget amendment, as well as
a Capital Project Ordinance, for acceptance at an upcoming Board of Commissioners'
meeting.
VOTE: UNANIMOUS
b. Expansion of Durham-Chapel Hill-Carrboro Metropolitan Area Boundary
The Board received a presentation from Durham-Chapel Hill-Carrboro Metropolitan
Planning Organization staff and considered directing staff on preparing a response.
Transportation Planner Karen Lincoln presented this item.
BACKGROUND: The TAC (Transportation Advisory Committee) of the DCHC MPO, at its
November 17, 2009 meeting, directed Lead Planning Agency (LPA) staff to initiate the process
to expand the Metropolitan Area Boundary (MAB) in western Orange County along the I-40/I-85
corridor, and to get feedback from Orange County. Attachment 1 is a letter from the TAC
requesting Orange County's response to the proposed expansion of the MAB. Attachment 2 Is
a map showing the proposed MAB expansion.
The DCHC MPO is investigating expansion at this time because the MPO is beginning the
process of developing the 2040 Long Range Transportation Plan (LRTP) that will list the
highway, transit, fixed-guideway, bicycle and other transportation services and facilities that are
planned for construction through year 2040. Federal legislation requires that an MPO's
metropolitan area boundary contain, at a minimum, the entire Urbanized Area (UZA), as defined
by the U.S. Census, and should contain the area beyond the UZA that is expected to be
urbanized within the next twenty years or that is affected by urban policies and influence.
Attachments 5 and 6 prepared by the LPA in 2006 are respectively a Background and History of
DCHC MPO Membership and MAB and Frequently Asked Questions.
Expansion of the DCHC MAB will take in a portion of Orange County that is in the Triangle
Rural Planning Organization (TARPO), separating the northern portion of the County's rural
transportation planning area from the southern part of the rural transportation planning area.
Expanding the DCHC MAB into an area of Orange County currently in TARPO would result in a
loss of NCDOT planning funds equal to $1 per every 10 people removed from the TARPO
planning area. The local match could decrease, stay the same or increase. The NCDOT
required local match of 20% is divided equally among the four participating counties, so each
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county's local match could decrease proportionately to the decrease in NCDOT funding for
TARPO. However, the local match could remain the same or may have to be increased in
order to maintain the same level of services from the Triangle J Council of Governments
(TJCOG).
TARPO would also lose Congestion Mitigation and Air Quality (CMAQ) funds which are based
on population within the air quality maintenance or non-attainment areas in the rural planning
area. Orange County would also potentially lose CMAQ funds that TARPO allocates to Orange
and Chatham counties based on the percentage of each county's population in TARPO within
the air quality maintenance area. Target CMAQ funds available to TARPO equal $171,848.75
each year for the five years 2013 through 2018. Orange County is potentially eligible. for
$101,768 of those funds based on Orange County's share of 59.22%.
NCDOT funding would not be reduced until after the 2010 Census.
DCHC MPO federal funding would not be affected until after the 2010 Census and would be
based on population within the Census defined UZA (urbanized area). If population in the area
of the proposed MAB expansion in Orange County becomes urbanized as defined by the 2010
Census, DCHC would receive additional funds. The DCHC CMAQ allocation would also
increase but Orange County would face a more competitive process for applying for those
CMAQ funds through the MPO.
Attachment 3 is a table detailing legislation, structure and governance of MPOs and RPOs and
relates to Orange County's role in the DCHC MPO and the TARPO with respect to
transportation planning.
FINANCIAL IMPACT: There will be no financial impact related to expanding the MAB until after
the 2010 Census. After the 2010 Census, Orange County could experience increased TARPO
dues (currently $7,500 per year) and reduced TARPO CMAQ (Congestion Mitigation and Air
Quality) funds (currently $101,768 per year).
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive a presentation from DCHC MPO (Durham-Chapel Hill-Carrboro Metropolitan
Planning Organization) staff; and
2. Direct staff on preparing a response to DCHC MPO:
a. Option 1 -Leave the MAB as is until findings of the 2010 Census identify the new UZA;
b. Option 2 -Endorse expanding the Durham-Chapel Hill-Carrboro Metropolitan Area
Boundary along the I-85/I-40 corridor; or
c. Option 3 -Endorse the Burlington-Graham Metropolitan Planning Organization's
expansion further along the I-85/I-40 corridor as Mebane's urbanized area expands.
Ellen Beckman, Transportation Planner from the City of Durham, made a PowerPoint
presentation. She was speaking on behalf of the Durham/Chapel Hill/Carrboro-Metropolitan
Planning Organization.
Metropolitan Area Boundary Expansion
Presentation Outline
- Metropolitan Area Boundary
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- Expansion Area
- Effect of Expansion
- Next Steps
Metropolitan Area Boundary
- U. S. Code of Federal Regulations: The MAB must include the entire urbanized
area as defined by the Census and "the contiguous area expected to become
urbanized within a 20-vear forecast period."
- DCHC MPO MOU: "The MAB will be periodically reviewed and revised in light of
new developments, basic data proiections for the current plannina period and as
may otherwise be required by federal and State laws."
- The DCHC MPO Transportation Advisory Committee must approve the MAB. The
Governor must concur before the expansion takes effect.
- 1970 -Durham Urbanized Area first designated by the Census, includes the City of
Durham and part of Durham county
- 1980 -Durham Urbanized Area expanded to include Chapel Hill, Carrboro, and part
of Orange County
- 1990 -Durham Urbanized Area expanded to includes Hillsborough and part of
Chatham County
- 2004 -MAB "smoothed"
Recommended Expansion
- I-85/I-40 corridor in western Orange County
- Based on:
o Land use plans
o Development
o Socio-economic data projections
o Commute patterns
- Boundary corresponds with traffic analysis zones and geographic features such as
roads and waterways
(There were many maps)
Commuting Patterns
- 2000 Census
- Orange County
o To Durham County: 16,470
o To Wake County: 4,212
o To Alamance County: 2,038
- Chatham County
o To Orange County: 4,206
o To Wake County: 2,743
o To Durham County: 2,739
- Durham County
o To Wake County: 13,929
o To Orange County: 9,262
Effect of Expansion
- Responsibility for Planning and Programming Projects
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Triangle Area RPO -> DCHC MPO
Comprehensive Transportation Plan, Long Range Transportation Plan,
Transportation Improvement Program, STPDA, CMAQ, Enhancements, Etc.
Funding for Planning Organizations
o The DCHC MPO would not receive additional funding for planning because
MPO funding is based on the Urbanized Area
o After the 2010 Census, the Triangle Area RPO would lose approximately $1
for every 10 people (about $700)
Next Steps
- TAC has asked staff to initiate expansion in western Orange County.
- Solicit feedback from Orange County Board of Commissioners.
- TAC will review expansion at their December 9, 2009 meeting.
Ellen Beckman said that they would like to receive feedback by December 9th
Commissioner Jacobs asked why the Chatham County Commissioners did not want to
participate and Ellen Beckman said that they wanted to delay any expansion until the 2010
census came out. Some of the population projections in Chatham are based off of planning
decisions that the previous board had made. The new board is trying to reverse some of these
decisions. The Chatham County Board of Commissioners is hesitant to say that all of the area
is urbanizing. She said that every time the census comes out, this will be reevaluated.
Commissioner Pelissier asked for colored maps of these areas. She said that if Orange
County chose to wait until the 2010 census, then the area might be required to come under an
MPO. The issue would be whether it would come under the Burlington MPO or under the
DCHC MPO. She asked how this would be decided.
Karen Lincoln said that there could be more coordination between these organizations.
Ellen Beckman said that the urbanized areas pick up the contiguous block groups that
are above 500-1000 persons per square mile. It depends on where the growth is and what
transportation corridors connect it. It could be picked up by either MPO.
Commissioner Pelissier said that this was discussed at the last RPO meeting and she is
the liaison to the Triangle Area RPO. She said that there was discussion about waiting until
2010. She said that a point was raised that this would cut the RPO Planning Area in the
middle.
Commissioner Gordon asked about the population in the Orange County RPO and the
Chatham County RPO and the CMAQ money that might be available.
Karen Lincoln said that the issue with the CMAQ money is that the County would still be
eligible through the MPO, but there is a competitive process. In the TARPO, there is an
agreement to split it proportionately, according to the population. According to the calculations,
Orange County would be eligible for about $77,000 in CMAQ money, but would have to have
eligible projects.
Commissioner Gordon said that the primary issue for Orange County is whether it wants
to do transportation planning for this urbanizing area. This would include Buckhorn Village and
other areas that are important to Orange County. There is no representation of Orange County
on the Burlington-Graham MPO. Her recommendation is to do the expansion now.
Commissioner Yuhasz asked how much area would be taken in and staff did not know.
Commissioner Jacobs said that this seems like an excellent example of total lack of
communication with the Burlington/Graham MPO and there is no idea about its plans. He
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would like to communicate as a Board to the Burlington/Graham MPO about the plans. He
does not want to make any decisions before talking to the Burlington/Graham MPO.
Chair Foushee agreed with Commissioner Jacobs about coordination. However, she
said that if Orange County wants to have a seat at the table, then the question is whether there
is time to entertain these discussions before a decision will be made.
Commissioner Nelson said that he wholeheartedly agreed with Commissioner Cordon's
assessment of why this is important. He said that Orange County has a particular and unique
vision for transportation planning and he wants the County to be able to control its own destiny.
He would prefer not to have Burlington/Graham MPO plan for this area. Commissioner
Pelissier agreed.
A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
to approve Option 2, (bullet "b" in the agenda materials): Endorse expanding the Durham-
Chapel Hill-Carrboro Metropolitan Area Boundary along the I-85/I-40 corridor; and to have staff
have conversation with the Burlington/Graham MPO.
VOTE: Ayes, 6; No, 1 (Commissioner Jacobs)
c. Rogers Road Eubanks Neighborhood Association Reauest for a Well and
Septic Survey
The Board considered approving the Rogers Road Eubanks Neighborhood Association
(RRENA) request for a community water and septic system study by the Health Department.
Health Director Rosemary Summers said that this is a request from the RRNA for a well
and septic survey. This was supported by the Board of Health. The proposal, which is
attached, is a draft process and is Attachment 3. The proposal is to survey 36 homes for well
water testing and the same number of homes for the wellness of the septic systems. All
homeowners would have to fill out an application to participate in the survey. It is estimated
that it would cost about $3,500. An alternate source of funding is needed for this.
Frank Clifton said that the funding recommendation is for the $3,500 to come from the
Solid Waste Enterprise Fund.
Commissioner Jacobs said that there was a similar effort for this years ago and
residents were hesitant to give information to the survey. He asked if people were more
receptive to this now. Chair Foushee said that the residents were receptive to this now.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve the funding for the Rogers Road Eubanks Neighborhood Association well and septic
study not to exceed $4,000 and authorize the allocations from the Solid Waste Enterprise Fund.
VOTE: UNANIMOUS
d. Review and Discussion of Proposal Regarding No Fault Privately-Owned
Well Repair Policy for Properties Near the Orange County Landfill
The Board considered a proposal regarding a no fault privately-owned well repair policy
for properties near the Orange County Landfill and provided feedback and direction to staff.
Frank Clifton presented this item.
BACKGROUND: In 1999, Orange County, the Town of Chapel Hill, the Town of Carrboro and
the Town of Hillsborough entered into agreement whereby Orange County (subject to the terms
of the agreement) assumed the solid waste management responsibility for the disposal of solid
waste county-wide. Among the many items covered in detail with the agreement were
provisions for the County to address various improvements within the `area' neighboring the
landfill property at the time the agreement was established.
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Since the County has assumed the responsibility for managing the Solid Waste Landfill
property and its functions, residents have expressed concerns pertaining to several issues
including unconfirmed or documented failures of personal, privately-owned wells and septic
systems serving individual residents within the general area of the landfill.
In 2002, the Orange County Board of Public Health and the Orange County Board of
Commissioners adopted a No Fault Well Repair Fund Policy as part of resolving issues
associated with a mining operation conducted by Martin Marietta elsewhere within Orange
County. Circumstances differ substantially from that of the Solid Waste Landfill operation but
the parameters of this policy do align with the general aspects of addressing failed or failing
personally owned private wells and septic systems.
Similar in concept to the policy established in 2002 referenced above a well repair fund could be
established that would be funded via revenues generated by the Solid Waste operations. If the
Board supports this approach to addressing the well problems of residents within an impact
area (3,000 feet of the landfill's boundary) of the existing landfill operation, staff can formulate
the policy; meet with the landfill partners to assure concurrence; and once approved by the
Board, initiate contact with residents within the impact area served by a non public water
supply.
If the BOCC concurs with this approach, staff will initiate the actions necessary to bring a formal
policy back to the Board for consideration and approval. There are several steps to be
pursued. Since many of the basic parameters for this effort have been addressed within the
scope of the program currently in place related to the Martin Marietta quarry project, a timely
response and follow up should occur.
FINANCIAL IMPACT: There is no financial impact associated with review and discussion of
this item and providing feedback and direction to staff.
RECOMMENDATION(S): The Manager recommends that the Board review and discuss the
proposal regarding a no fault privately-owned well repair policy for properties near the Orange
County Landfill and provide feedback and direction to staff.
Commissioner Hemminger asked if any consideration had been given to individuals who
have a failing sewer system as opposed to just wells. Frank Clifton said that the Board could
pursue that, but it could not be related to the landfill because there are failing septic systems
throughout the County.
Commissioner Yuhasz suggested getting the results back from the study in the previous
item before moving too far ahead. This would also put an additional burden on the Solid Waste
Enterprise Fund. He made reference to page 3 and a mention of the report of the Landfill
Benefits Committee and, "legal analysis concerning the use of system funds," and he did not
see either of those things. He would like to see these things.
Frank Clifton said that this item is key to the study. The issue would be to set up a
process where funds could be set aside for future issues. The Enterprise Fund is required to
manage for 30 years after the landfill closes any environmental impacts that may occur. This
policy would address the short-term problems.
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A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the proposal regarding a no fault privately-owned well repair policy for properties
near the Orange County Landfill.
VOTE: UNANIMOUS
e. School Capital Project Ordinance Amendments
The Board considered aligning School Capital Project Ordinances to agreed upon
balances.
Financial Services Director Gary Humphreys said that this has been brought back from
the last meeting with the requested additional information. This would resolve all school issues
except for the one project of over-budgeting of funds in 2008-09. When he looked into it, he
found that in May-2009, although the project ordinances were brought to the Board, up to $5.8
million in pay-as-you-go funds was added. When the budget was adopted, there was $4.8
million in pay-as-you-go funds, which is correct. This involves both school systems - OCS had
$400,000 over-budgeted and CHCCS had $600,000 over-budgeted. The problem was worked
out with OCS and not with CHCCS. The correct amount of money was allocated, but there was
just more money budgeted.
Discussion ensued about how this happened and how to keep it from happening again.
Frank Clifton said that there are records of the Board voting to do different things at
different amounts, which is what created this confusion. He said that Gary Humphreys has
gone back several years and looked at numerous minutes to look at and determine what action
was taken and the dollar amounts.
Commissioner Gordon made reference to page 31 and commended the staff for putting
the Capital Project Monitoring and Administration Procedures in place to make sure this does
not happen again.
PUBLIC COMMENT:
CHCCS Board Chair Lisa Stuckey said that the CHCCS staff and Orange County staff
have been working together on this issue. She asked about the remaining item and if, in the
resolution of that item, some of the items that will be resolved tonight are affected, if it would be
possible to come back and adjust what is happening tonight.
Frank Clifton said that this does not preclude the Board of County Commissioners
addressing the remaining issue in different ways.
Chair Foushee said that she would prefer that staff take this question and respond to
the CHCCS Board in writing.
A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
to approve the attached School Capital Project Ordinances as presented and approve the
appropriation of $723,945 from fund balance in the General Fund for transfer to the School
Capital Project fund.
VOTE: UNANIMOUS
7. Reports-NONE
8. County Manager's Report
Frank Clifton thanked the Board for the retreat on Saturday and he hopes there is a
clearer understanding of the County's financial position.
He said that the Health Department had a great weekend and spent Saturday doing a
mass vaccination for H1N1 and seasonal flu. The school systems were also involved.
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9. Board Comments
Commissioner Hemminger asked about the status of the video streaming and the
overall plan to change the cable channel that reaches more people. She asked about the
status of the overall waste plan that was supposed to come back to the Board in October. Also,
she appreciates the report on deer hunting with dogs, but she wants to know when the public
can weigh in on this subject.
Clerk to the Board Donna Baker said that she has finished her training for the video
streaming and it is online. IT is in the process of installing the hardware. There might be some
practice runs in December.
Regarding convenience centers, Frank Clifton said that the Solid Waste Advisory
Board is looking at these aspects and staff is pursuing this. There are many options, and the
SWAB and the staff are trying to narrow them down. There will be some information back on
the Bradshaw Quarry site in December. The obvious issue is how to pay for the convenience
centers.
Commissioner Yuhasz said that the SWAB met today and Assistant County Manager
Gwen Harvey said that there was discussion today about the short-term and long-term evolution
of the convenience centers. The intention is to come back to the Board on December 15th with
some projection about what is possible for the near term, for the remainder of the fiscal year
with Bradshaw Quarry Road as the example.
Gwen Harvey made reference to the deer dogging issue and said that most of the
participants in the meeting were hunters and they are very passionate about this and they do
not want the Board of County Commissioners taking a strong position and approaching the
Legislative Delegation to interfere with this. She said that the Sheriff asked her before that
meeting how many complaints had come before the Board of County Commissioners, and to
her knowledge, there were only two complaints in 2008-09.
Commissioner Gordon said that the DCHC MPO and the Capital Area MPO received a
National Award for Outstanding Achievement in Metropolitan Transportation Planning from the
Association of Metropolitan Planning Organizations. Commissioner Gordon submitted a
statement concerning this national award which is hereby made a part of these minutes. The
two metropolitan planning organizations were honored for their collaborative efforts in creating a
joint 2035 Long Range Transportation Plan, that was adopted in June 2009. This was a
departure from their past practice of creating two separate planning documents for this one
region. These two organizations were commended on this effort as an example of, "exemplary
practice within the planning process," and it was noted that the FHWA (Federal Highway
Administration) had also commended this work.
Commissioner Gordon said that there is a NC 54/I-40 Corridor Study Work Shop on
November 18th at the Friday Center from 5:00-8:00 p.m.
Commissioner Yuhasz said that this Thursday would be the first task force meeting that
was set up by the Association of Governments to consider funding mechanisms for utility
extensions to the Rogers Road area. He said that he attended the Chapel Hill Town Council
meeting on the Rogers Road Small Area Plan and he noted that the Chapel Hill Town Council
had very little information about what the County Commissioners were considering on their
agenda. He said that the Board of County Commissioners has, from time to time, gotten copies
of the Hillsborough Town Board agenda, and he asked if they could get at least an agenda
sheet from other municipalities.
Donna Baker said that most agendas are posted online and she could get the County
Commissioners added to the distribution list so that they are automatically notified when the
agendas are posted. Commissioner Yuhasz asked that she add the County Commissioners to
the distribution list for the City of Mebane, if available.
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Commissioner Pelissier said that the Human Services Advisory Committee had
questions about funding for wildlife organizations last night. She said that several members
visited Piedmont Wildlife and they requested that the funding not be cut off this fiscal year
because it would be unfair in terms of the short notice. The recommendation is that the HSAC
no longer consider any non-profit dealing with wildlife for the future. She suggested taking this
up on an agenda about not funding non-profits that are not in the human services arena.
Commissioner Jacobs said that it is important to do this and it should happen before
making budget decisions. He said that he has been recommending for the last few years that
the Animal Services Advisory Board was the more appropriate board to make a
recommendation.
Chair Foushee suggested having staff make a recommendation.
Commissioner Jacobs thanked Sharron Hinton and VA Director Lois Hardin-Ravin on
the event to honor veterans on Veteran's Day.
Commissioner Jacobs thanked staff for the follow-up reports on the agenda.
Commissioner Jacobs said that the Clerk is getting the County Commissioners copies
of the CD of the environmental impact statement of Elizabeth Brady Road.
Commissioner Jacobs said that the Economic Development Commission did discuss
drive-thrus, and it was a very heated conversation. He said that it would be discussed at
another meeting because they could not come to a resolution or motion.
Commissioner Jacobs asked to talk about the herbicide report.
A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to
direct staff to bring back to the Board the herbicide report as a discussion item.
VOTE: UNANIMOUS
Commissioner Jacobs asked that on December 7th that the Board gets information on
the plans and projections for the financing for the solid waste operations.
Commissioner Jacobs said that when the County got legislative authority to ban
hunting under the influence of alcohol and firing a weapon within 1,000 feet of schools, there
was no groundswell of public opinion. He said that what succeeded was having a conversation
with the hunters so that they understood the concerns. He hopes that this is the process that
will be followed.
Chair Foushee said that the waiting list for child care subsidies is up to 251 children
and there are 1,000 more food stamp applicants this year then last year.
10. Appointments
a. Hillsborough Planning Board -New Appointment
The Board considered making a new appointment to the Hillsborough Planning Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to appoint John Bemis to the Hillsborough ETJ position on the Hillsborough Planning Board with
an expiration date of October 31, 2012.
VOTE: UNANIMOUS
11. Information Items
Update on "Dogging Deer" in Northern Orange
Recommendation for Discontinuing the Spraying of Herbicides on Roadsides and Utility
Rights-of-Way in Orange County
October 20, 2009 and November 5, 2009 BOCC Meeting Follow-up Actions Lists
12. Closed Session-NONE
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1 13. Adjournment
2 A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
3 to adjourn the meeting at 10:11 PM.
4 VOTE: UNANIMOUS
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6 Valerie Foushee, Chair
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8 Donna S. Baker, CMC
9 Clerk to the Board