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HomeMy WebLinkAboutMinutes - 20091117 APPROVED 12/7/2009 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 Agenda 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 141h 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 291h, 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 a ten-acre extension of land also under consideration. Economic considerations cannot be the sole determining factor in the choice of 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 71h 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 71h. 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 with consideration of the top three sites. It is worth noting that during these discussions, the county attorney specifically advised against changing or applying criteria "after the fact." - In December 2008 the Site Selection Status Report was issued. It evaluated three sites "selected by the BOCC" and recommended the County pursue acquisition of the Howell site. At that time, the Commissioners were expressly given and clearly rejected the option to "revise site and evaluation criteria and restart search process." Further evaluation and analysis of the final three sites continued. - A Site Investigation and Evaluation of West 54 and OWASA sites was completed on April 16, 2009. - On May 14, 2009, former Chapel Hill Mayor Kevin Foy unilaterally introduced a town owned site on Millhouse Road into consideration for the WTS. This site had also been eliminated from consideration by application of the technical and exclusionary criteria. - On September 1, 2009, almost two years after the site selection process was begun and, $450,000 was expended on conducting the site selection process, and ten months after a site which met all established criteria was identified and recommended for acquisition, the Paydarfar site was introduced by staff as a potential alternative. Despite acknowledging that consideration of this site ignored the established criteria and circumvented the carefully developed selection process and the lauded transparency thereof, four commissioners nonetheless voted to pursue Paydarfar as a viable option. Due process requires, at a minimum, that legal and governmental proceedings be fair, and that the governmental decision maker not act in an arbitrary and capricious manner. Clearly defined and openly established policy and procedures — and the impartial adherence to those procedures once adopted— are critical to protecting the due process rights of affected citizens. The BOCC's decision, at the last minute, to apparently abandon its established procedures, evaluation criteria, and timeline, and perform a cursory evaluation of the Paydarfar site betrays its stated commitment to a transparent process with meaningful community input. Environmental Justice Among all of the County's adopted exclusionary, technical, and community specific criteria, "Environmental Justice Considerations" is the highest weighted and valued element (the only criteria rated "extremely important" and allotted 20 points). In defining environmental justice, this criterion requires that the BOCC consider"inequitable sharing of negative environmental consequences and potential cumulative environmental impact on proximate communities or neighborhoods." As noted above, consideration of the Paydarfar site has not followed any of the established site selection procedures and thus there has been no substantive evaluation or analysis of the environmental justice issues of this site. Nonetheless, some have suggested that the Paydarfar site has no "cumulative" environmental justice impacts because it is somehow not part of the community that has borne nearly four decades of impacts of the landfill and related solid waste uses. This narrow conclusion fails to adequately recognize the history of the community surrounding the landfill, the ongoing legacy and impacts of other industrial uses approved and developed in the neighborhood, and the anticipated noise and traffic increases and patterns through the area. In additional, the Paydarfar site abuts the old landfill property, and as such clearly constitutes an extension and expansion of the existing solid waste uses on and around Eubanks Road, in violation of repeated assurances that no such expansion would take place. Those historical assurances, it should be noted, have been premised on the 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. Kathleen Schenley read a prepared statement: From: Kathleen Schenley, 6714 Millhouse Road To: The Orange County Board of Commissioners Re: Waste Transfer Station Site I am deeply disappointed in the actions of this body and highly discouraged about the future of government in this county. My neighbors and I have watched due process be torn to shreds in the last few months. This body has ignored their own site selection criteria, tossed aside hundreds of thousands of dollars spent evaluating sites selected by that criteria, and climbed merrily onto the bandwagon of an expedient solution. Will you really look at what you are proposing? You want to site a waste transfer station in the supposedly protected rural buffer, on a narrow winding road used by school buses and school children. You want to place it next to a future park. And to do that, you will coerce the Parks Department to sell you a piece of property bought with tax dollars, intended for inclusion in the Blackwood Park, and sold to the Parks Department in good faith that the land would be rejoined with the original parcel to expand the park. You told the residents of Rogers Road that you would not site the transfer station on Eubanks Road. Do you think you're fooling anyone by coming in the back door via Millhouse Road? I could go on and on. I know you're tired of this. We're all tired of this. But you won't have to live next door to your decision. We will. I beg you to take this opportunity to do the right thing. If you're going to throw out the previous criteria, so be it. But at least take a vote and make it official. Open the search to all available ten-acre tracts in the county. This county made a hasty decision 37 years ago. Don't repeat that mistake. Yes, it will take more time, but it's the right thing to do." Kevin Brice was with Triangle Land Conservancy. He spoke about the Irvin Farm Preserve, which is a partnership project that TLC has embarked on with experienced and talented educators. He distributed a handout. This will be an educational area. Livy Ludington also spoke about the Irvin Farm Preserve, and she is part of the staff for this. She said that they worked briefly with the County Planning Department for a pilot project this summer. The pilot project was successful and they want to expand this program. The Irvin Farm Preserve would like the Board's support as it works with the Planning Department. The vision is for a green camp that will teach children about the outdoors. Neil Masson spoke about concerns with the current burning ordinance in Orange County. The current ordinance states that yard waste can be burned between 8:00 a.m. and 6:00 p.m. as long as it is not a nuisance. He said that there are pockets within the County that are outside city limits, but border neighborhoods within the city. Because of this, there are some health concerns that he is experiencing. The first is air quality and the second is potential danger of fire spreading. There is a house about 70 yards behind him that burns often, and there is a neighbor that he shares a fence line with that can burn because he is outside the city limits. He said that he is no longer able to open his windows in his home because of the smoke. He said that there is no help from the fire department or police because their hands are tied due to this ordinance. He asked for some revisions to the ordinance. He would love to see the ordinance eliminated or some set limitations on the ordinance, such as setting mileage and acreage minimums to those residing outside city limits. Bonnie Hauser spoke on behalf of Orange County Voice. She said that Orange County Voice would like to know the impact to shift from a revenue-producing landfill to a waste transfer station. She said that they would like to know the fiscal impact. According to the data from Olver, Inc., there will be a cost associated with the transfer station and no revenue. It looks like it is going to cost over$50 a ton to use the waste transfer station. She said that this 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 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 a well-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 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.) 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 Ill 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. 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 41h 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. 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: 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) 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: 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 1-40/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 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 1-85/1-40 corridor; or c. Option 3 — Endorse the Burlington-Graham Metropolitan Planning Organization's expansion further along the 1-85/1-40 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 - 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-year forecast period." - DCHC MPO MOU: "The MAB will be periodically reviewed and revised in light of new developments, basic data projections for the current planning 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 - 1-85/1-40 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 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 91h 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 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 Gordon'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 1-85/1-40 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 Request 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. 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. 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 H1 N1 and seasonal flu. The school systems were also involved. 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 54/1-40 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. 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 71h 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 13. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to adjourn the meeting at 10:11 PM. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board