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HomeMy WebLinkAboutMinutes - 20091215 APPROVED 1/21/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 15, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, December 15, 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 Clerk to the Board Donna 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 Commissioner Foushee went through the items at their places: - Item related to item 3-b —Town of Chapel Hill Mayor Kevin Foy's Mental Health Task Force Report - Pink sheet was related to item 6-a — Bradshaw Quarry Road Solid Waste Convenience Center: Scenarios and Strategies to Maintain Operations for Remainder of Fiscal Year 2009-10 - Beige sheet was related to item 4-j —Approval of Boundary Line Agreement for Seven Mile Creek Preserve - Blue sheet was related to item 6-e — Resolution Endorsing the No-Build Alternative for Elizabeth Brady Road Extension Commissioner Foushee said that Item 3-c— Recommendations from the Human Relations Commission Concerning the "Secure Communities" Program in Orange County - is being pulled and deferred due to unavailability of HRC member to attend tonight's meeting. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Ann Purcell is the principal at Stanford Middle School and she asked for an auditorium at this school. She gave background on the last 40 years and the shared usage of the current auditorium with Orange High School. She said that a lot has changed and taking students from one building to another is not a simple task, especially when school safety is a top priority. She said that this auditorium could also be used for the community theater in the summers. Jamie Gorski is the Co-Artistic Director of the Theater program at C. W. Stanford Middle School. He spoke in support of the new auditorium at Stanford. He said that there has not been a theater program at Stanford for more than ten years and he and Jessica Crowley have brought it back. Since the program's inception, they have managed to produce five full- scale theatrical productions at Stanford with students ranging from 10-30 in number. The program is available to all grade levels. He said that this program has been done in the school cafeteria. They started out with no money last year, but with generous donations from the PTSA and others, they managed to end the year with $1,000 earned. This money enabled them to apply for and be awarded the Arts and Education Grant from the Orange County Arts Commission. He said that it is time for C. W. Stanford to have a home of its own for all fine arts programs. Jessica Crowley is the Visual Arts teacher at Stanford and Co-Director of the Theater program. She said that her students have worked hard in this theater program and the space is not adequate at the present time. The department shares space with the athletic programs, which was traditionally practice space. The stage space is not large enough to hold big casts of students and there is no backstage space. The electrical system is also not sufficient for even basic lighting. She gave other examples of the limitations of this space. She asked for an auditorium at Stanford. Sankwon Reams is a student at Stanford and he started participating in the theater program last year. He said that being in theater is the best part of his day. He said that this program is one that makes him feel accepted. He said that the space they have to perform in now is too small. Doug Vassello is a parent of a child at Stanford. He spoke in support of the addition of an auditorium. He said that Orange County schools are seen as agricultural schools, but they are not that way these days. He said that the kids get a taste of theater and they love it. He said that, as a parent, it is a hassle to set up or break down the lunchroom before and after plays. Nicky Vassello is a student at Stanford and he asked for an auditorium. He is in the band, the theater program, and the chorus program. He said that at the most recent concert, there were so many people that there were not enough chairs. Also, the parents cannot see their children sing when there is a chorus concert. Robert Piscitelli is a student at Stanford. He asked the County Commissioners to support the auditorium at the school. He is an actor in the theater program. He said that with such a small stage, it is difficult to have decent sets. Debbie Piscitelli is an OCS board member and a parent of two boys at Stanford. She said that she is aware of the budget issues with the County, but she still thinks it is important to advocate for an auditorium for this school. She said that, as a board member, she has found it difficult to address the projects that fall into the $2-8 million range. She said that she would like to think that if the Board of County Commissioners supports an arts wing at high school that it would also support an auditorium at a middle school. She said that Stanford has outgrown using the cafeteria as an auditorium. The theater program attracts more than 50 students for its programs, and each of these programs put on several performances throughout the year. She said that in athletics there is a "home court advantage" and she does not think it is unreasonable to advocate for this home court advantage for the cultural arts program. It is unreasonable to expect theater students to practice on their stage in the cafeteria for weeks and weeks and then be expected to perform at Orange High School. She said that she did ask the Central Office to prepare a report outlining the community organizations that have used the facilities to provide validity that when they say that an auditorium would be used by the community, they mean it. The most recent example would be the hearing for the Elizabeth Brady Road Extension, which was held at Cameron Park Elementary School. Mary May is the band teacher at Stanford and she is in support of an auditorium. She said that the program is growing by leaps and bounds. She said that the band never gets to practice its concerts in the venue where they are performing. Bonnie Hauser thanked the County Commissioners again for sending the County's trash to Durham in the short-term. She was also pleased that the motion included a hold on consultants. She said that tonight there are two items on the agenda — Bradshaw Quarry Solid Waste Convenience Center and Elizabeth Brady Way— and they both involve the unbridled use of consultants. There is also a new project on the agenda regarding EMS, which opens the door to more of the same. She said that she is asking for a countywide moratorium on consultants to help control costs and to give the County a chance to revisit its rules of engagement. She also asked for a new policy requiring the new Financial Services Director to review and approve any financial information that is provided to the Board, whether from staff or consultants. Dave Hughes represents the Caldwell Hunting Club. He said that there has been some bad press lately because of the issue with hunting with dogs. He listed things that this club supports — Orange High FFA Turkey Shoot, 4-H Junior Livestock Show, and other fundraisers in the community for needy people. The club also maintains the Caldwell Community Building. He said that they have written permission to hunt on all the land that they use for hunting. He said that occasionally the dogs go onto properties where there is not permission, but there is top-of-the-line equipment to recover the dogs. He said that they never take guns on anyone else's property. He appreciates the County Commissioners' support. Mike Riggs spoke about the section of Mill Creek subdivision that is going to be placed in Alamance County. He said that he has a petition signed by individuals that are opposed to the Mill Creek succession. He said that he wants to keep the County line as it is currently. He entered the petition into the record. He spoke about the injustice of changing the line. He is a taxpayer in Orange County and he is trying to preserve this Orange County location. He said that his location in Orange County has never been in dispute and has been there since the County was formed. He said that the Mill Creek developers do not own his land or his house, nor does the Mill Creek Board of Directors. The way he sees this is that a special interest group is trying to change the law that defines their counties to benefit only this special interest group. He said that the developers of the neighborhood do not have any right to change the county he lives in. He said that these are rights that property owners should have. He said that he hopes that the special interest groups will not outweigh the rights of legal taxpayers. He asked the County Commissioners to think about how this affects property owners. He said that changing the line benefits a few and can hurt many. Specifically, Orange County and its taxpayers stand to lose an estimated $100,000 per year in tax revenue from the change of Mill Creek alone. He said that last week at the Alamance County Commissioners' meeting, the Alamance County Attorney recommended that they ratify the 1849 line as confirmed by the NCGS survey of 2008. According to General Statute 153a, Section 18c, this Commission is not charged with creating a new line, but rather adopting the current line as official. He said that no one seems to debate the accuracy of the 2008 survey. He urged the County Commissioners to follow the North Carolina law and adopt Option 1, the 1849 line, as found by the survey in 2008 because it is the most cost-effective and the most legally fair. Steve Graf is a landowner and he thanked the County Commissioners for having the separate meetings between the deer hunters and the landowners. He said that the results that the County Commissioners received were good. He said that the landowners should not be burdened with the issue of dogs on their property. He hopes that the County can alleviate the conflict between hunters and landowners. He said that he is also a hunter and he understands that hunting is a privilege and not a right. He said that hunters have said tonight that occasionally some dogs run onto private property, but this has happened repeatedly. He said that it reduces the quality of life when there are dozens of dogs running around his property. William Bradsher lives in Orange County and said that posted signs do not mean a thing to a hunter. The windows in his house have been shot out by hunters. Rob Bowers said that he is also a hunter and has great respect for responsible hunters. He said that the dog deer hunting issue is not one about hunting rights but an issue of property rights and safety. He said that it seems that the nature of the activity is inherently uncontrolled. He was surprised when he moved here three years that it was even allowed. Desaray Rockett is a student at Stanford and she performed in a play last week and it was her first time. She said that the students had to set up and break down chairs before and after the play. She said that it takes the fun out of this activity. She said that she likes the theater program and she can participate all three years while at CWS. She would like to have a real stage at her school. Robin Jacobs is the Executive Director of the Eno River Association. She thanked the Board for what they have done for protecting the environment. She presented the County Commissioners with Eno River 2010 calendars. Earl Brown is an Orange County resident and grew up here. He said that he is ashamed that this school still has the same makeshift stage. He said that this needs to be corrected. He spoke about the overpopulation of deer in the Caldwell area. He said that his crops are devastated by the deer. He spoke in support of deer hunting using dogs. Lamar Chapman distributed papers that his 16-year old son had written. He made A's on these papers and they were written about something that he loves, which is hunting. He is also a hunter and he has written permission to hunt on different properties. He spoke in support of Caldwell Hunt Club and said that people that are not from Orange County are coming to hunt here and they are the problem. Lee Roane spoke in support of an auditorium at Stanford. He spoke about his experience in theater when he went to school. He majored in drama at the University of Virginia and he has a degree in Technical Theater. He has been involved in technical theater for 35 years. He is still the lighting designer on contract with Alamance-Burlington School System to do lighting work for dance theater, the choral program, and other programs. He has been the Media Specialist at Stanford for three years and he said that the theater program is a wonderful program. 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. Presentation from NC Budget and Tax Center The Board received a presentation from staff with the North Carolina Budget and Tax Center providing an overview of the State's budget outlook for the upcoming year and the proposed comprehensive tax reform effort. Chair Foushee introduced Senator Ellie Kinnaird and Meg Gray Wiehe. Senator Ellie Kinnaird said that the problem is that the tax base fluctuates wildly and this last year the State was $4.5 billion short in revenues coming into the State. The problem is finding a stable revenue source that will leave the State with the same amount of money to spend each year. She said that the proposal in the legislature now is one that will affect everyone, including counties. She and Meg Gray Wiehe made a PowerPoint presentation. The Opportunity for Tax Modernization Meg Gray Wiehe North Carolina Budget& Tax Center The "Great Recession" •North Carolina Unemployment -October 2008= 7% -October 2009= 11% -Historic high of 11.1% in May 2009 •Orange County Unemployment -October 2008= 4% -October 2009= 6.2% •240,000 NC jobs lost since start of the recession •Orange County Food Stamp Participation -25% increase in enrollment over past year •State and local revenues plummeted What's Wrong with NC's Tax System? •Narrow •Unfair (the tax system, adding State and local taxes together, asks more of those at the bottom 20% in terms of percentage of income than is does from those at the top 20%) *Outdated North Carolina's Budget Drama •FY 08-09 Shortfall= $3.2 Billion based on a $20.8 billion budget (15% of budget) •FY 2009-2010 Shortfall = $4.46 billion (22% of budget) •FY 2010-2011 Shortfall= $4.43 billion How Did Our State Leaders Balance the FY09-10 Budget? Moving Forward- Challenges •More cuts to come? *Local governments strapped, too *Temporary Tax Package expires after FY10-11 *Federal Assistance ends after FY10-11 •But...revenues are not expected to recover until FY13-14 at the earliest Why Tax Modernization Matters •Protect past investments •Meeting current and future demands for public services •Impact on local governments Tax Modernization Principles •Adequacy— any reform should ensure that the State is able to bring in enough money to pay for the investments and services to continually improve the quality of life for all and to be able to manage the rapid growth. •Sustainability/Stability •Fairness •Comprehensive How do we get there? Broaden Bases and Lower Rates •Broaden the base of the sales tax to capture a greater share of economic activity •Broaden the base of the personal income tax and make it more progressive •Close corporate tax loopholes and eliminate ineffective business incentives Ideas to Improve the Sales Tax • Expand to cover more personal services • Eliminate ineffective caps and exemptions • Lower the state and local rates Ideas to Improve the Personal Income Tax •Maintain primary reliance on progressive income tax • Broaden the base of income to which the rates are applied •Adopt a more progressive rate structure including adding more brackets to the top • Lower all rates, but substantially lower the bottom rates •Increase/Add refundable credits for low-income taxpayers Ideas to Improve Business Taxes •Close corporate tax loopholes by enacting Mandatory Combined Reporting •End ineffective business incentives (Article 3J development tax credits, a.k.a. the Bill Lee Act credits) Contact Information Meg Gray Wiehe meg @ncjustice.org 919-856-3192 Commissioner Jacobs asked if part of this discussion was having the State address the increasing inequity in the amount of responsibility for funding services that it has hoisted on local governments over time. Meg Wiehe said that the most recent Tax Commission that met (December 2008 without issuing a final report), had at its charge a subcommittee that was looking at that very issue. The Medicaid swap two years ago came out of the work of that subcommittee. The approach to date is to take a piece meal approach. The plan is to come back after the new year and take on the next tax. She recommended making this suggestion to Senator Kinnaird and to the representatives. Commissioner Pelissier said that she has seen various articles on taxation of services and there is concern about taxing needed services such as doctors. Meg Wiehe said that she would recommend never to tax healthcare or education. Senator Kinnaird said that there are 168 services that are able to be taxed, but the more that is taxed, the lower the tax rate will be and it will be a revenue neutral change, so that the base is more stable. Frank Clifton said that some counties like Orange do not have the more commercial tax base to generate the sales. He said that the reality is that most people in Orange County shop somewhere else. Senator Kinnaird said that the solution would be to broaden the commercial base. Commissioner Jacobs thanked Senator Kinnaird and Meg Wiehe for the presentation. He said that Orange County picks up the burden of schools to the greatest extent of any county in the State. Orange County pays $3,400 per pupil and other counties only pay $600 per pupil. He hopes that the State works to fix some of the inequities inherent in the current way in which it has addressed some of these problems. He asked Senator Kinnaird to mention this to the legislature. b. Town of Chapel Hill Mayor Kevin Foy's Mental Health Task Force Report The Board received the final report of Chapel Hill Mayor Kevin Foy's Mental Health Task Force. Natalie Ammarell, Chair of Human Service Systems, made a PowerPoint presentation. MAYOR'S MENTAL HEALTH TASK FORCE REPORT October, 2009 MAYOR'S MENTAL HEALTH TASK FORCE Natalie Ammarell, Chair Human Service Systems Rick Allen Inter-Faith Council Kate Barrett Orange County Dept on Aging David Chapman Caramore Community, Inc. Linda Foxworth Kidscope John Gilmore UNC Department of Psychiatry Gwen Harvey Orange County Trish Hussey Freedom House MAYOR'S MENTAL HEALTH TASK FORCE "Charge" *Assess the state of the mental health care system in the greater Chapel Hill community, focusing on the services provided, funding, and impact on the community as a whole *Create broader awareness of mental health care issues in Chapel Hill and generate discussion *Provide recommendations regarding the future of mental health care services for residents of Chapel Hill and Orange County NOTE!! *Intent of the Mayor to understand "the community as a whole" to mean both the Town of Chapel Hill and its environs — extending to Orange County as a whole. •"Mental health services/system" understood to encompasses the mental health (community and institutional), developmental disabilities and substance abuse domains. Our Work ♦7 Task Force meetings ♦2 Public "listening sessions" ♦2 Work groups that met 5 times *Solicited input from Town of Chapel Hill department heads •Blog site — public comments; reports and information *Web page within Town website Assess the state of the mental health care system in the greater Chapel Hill community MH Reform mandated in 2001. State of system in 2009: *Fragmented, complex, inequitable system characterized by "silos of care" and service/ access gaps *State leadership has been weak and "reactive" *Providers are losing money *Many under-served individuals, including those... ...lost from the system during reform and never found again ...at risk of homelessness or already homeless ...whose care is not already funded through Medicaid or private insurance or is funded through Medicare ...in the 18-25 age group Strengths of the mental health service delivery system in Chapel Hill and environs *Committed provider community •UNC network of inpatient/outpatient services = de facto "safety net" •Local government services/supports •OPC strives to maximize services *Orange County Mental Health Association and NAMI Orange County lead active education/advocacy efforts Challenges of the mental health service delivery system in Chapel Hill and environs *Gaps in service Transportation -Adult day programming -After hours and weekend services - Post- hospitalization continuing care - Services for 18 to 25 age group - Social work services for shelter residents - Services for elderly individuals *Over-reliance on UNC as both first and last resort. *Attraction of our area for people with mental health issues (UNC and the general climate) *Navigating the mental health system - no simple road map *The advantage for access to services held by individuals with Medicaid coverage. *Inadequate supply of safe, affordable housing The Newest Challenge: State Budget Cuts ♦2010 state budget takes some $75 million from MH/developmental disabilities/ substance abuse service system — including elimination of community support services ♦OPC: This translates into $2,250,518 in cuts to the state funds available for services in Orange, Person, and Chatham Counties - 21.5% of our non-crisis state service funding *Reductions in Medicaid services will also affect people with these challenges Provide recommendations regarding the future of mental health care services for residents of Chapel Hill and Orange County Advocacy at State Level *BE AWARE OF WHAT IS HAPPENING to compound an already bad state of affairs - Add our voices to those of active advocates for change at the state level (e.g., our local legislators; NAMI; Mental Health Association; other professional organizations). *Encourage local provider agencies to come together and speak collectively to increase state legislator/policy leader awareness of the impact of the choices they are making. Local Action Where we can make an impact Service Capacity Increases *Increase MSW student placements in provider agencies and add clinical supervision for students and provisionally licensed workers. *Create a partnership with the Mental Health Association in Orange County to expand the Pro Bono Counseling Network. Enhanced local law enforcement/safety personnel awareness of/sensitivity to mental health issues *Extend Crisis Intervention Training (CIT) throughout the ranks of local law enforcement and, ultimately, to other safety personnel. Strong local government leadership *Use local government offices (Mayors and Managers) and legislative bodies (Council, Commissioners, Aldermen) as platforms ("bully pulpits") and vehicles of support for campaigns/ efforts to proactively increase community awareness of mental health/developmental disabilities/ substance abuse issues and to reduce associated social stigma. Specific Ideas Establish ongoing capacity for providing issue leadership over the longer term. —Standing committee(s) of Town Council/Commissioners/Aldermen —Subcommittee(s) of Human Services Advisory groups —Joint local government committee/group formed through Assembly of Governments —Capacity within Mayor/Manager offices With capacity for local government issue leadership in place, a significant ongoing public information campaign could be implemented through: *Collaboration with MHAOC, Healthy Carolinians and other advocacy groups to reduce social stigma associated with mental illness (use of bus advertisements; PSAs; materials distribution) *Dissemination of information in town/county employee orientations, through pay check notices, OWASA bills, etc. *Increased collaboration between schools and mental health professionals for family education about signs of depression, substance abuse, etc. *Increased local government collaboration with UNC Center for Excellence. *Use of local government webpages. *Local government support for existing volunteer groups that are working to increase public awareness of the needs of persons with mental illness. *Local government/OPC collaboration to increase awareness of the OPC Star Unit as the primary entry point into the mental health system. Campaign to publicize telephone numbers - 919-913-4100 or 1-800-233-6834. Continuing Commitment of Task Force Members *Work with the Town of Chapel Hill to ensure that the Town website includes important information *Seek media opportunities (letters to editor, profiles of provider agencies, Op Eds, etc.) tied in with a campaign to increase public awareness *Increase community awareness through appearances before various local government bodies, meetings with governmental staffs, dialogue with the County Human Services Commission and Town Human Services advisory groups, presentations to local service groups, etc. *Seek to partner with the county Third Sector Alliance — perhaps a MH/DD/SA work group? *Partner with the Town of Chapel Hill and the UNC Center for Excellence to convene issue- focused symposia. Commissioner Pelissier thanked everyone who participated in this presentation. She asked if the task force had any specific recommendations for the 18-25 age group. Natalie Amarell said that they talked about increasing the socialization opportunities in this community. She said that Club Nova is in trouble and that would be one resource that this age group would use. Commissioner Pelissier said that she would like to have local government to be more proactive in educating the community about this stigma attached to mental illness. She said that elected officials would not be able to represent well on a committee, but she suggested having mental health professionals on these committees. Natalie Ammarell said that education would be part of the objective and the point would be collaboration where local awareness becomes part of the agenda of local government. Commissioner Jacobs said that this Board has stepped forward on issues of mental health. He cannot speak for the towns, but he does not think it is a fair characterization to say that Orange County has been silent. He said that if there was to be a committee, he thinks that the best place for the group members to start would be to attend some OPC meetings. c. Recommendations from the Human Relations Commission Concerning the "Secure Communities" Program in Orange County The Board was to consider a report from the Human Relations commission, based on a request from the BOCC, on the Department of Homeland Security's "Secure Communities" program and provide concrete suggestions to make program implementation as transparent and socially just as possible. DEFERRED 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from November 14, 19 and 23 (both 5:30 and 7:30 p.m. meetings), 2009, as submitted by the Clerk to the Board. b. Appointments (1) Commission for the Environment— Reappointments The Board reappointed Michelle Drostin, Floyd Bridgwater, William Kaiser, and Tom O'Dwyer to the Commission for the Environment to terms expiring December 31, 2012. c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 33 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Applications for Property Tax Exemption/Exclusion The Board approved three (3) untimely applications for exemption/exclusion from ad valorem taxation for the 2009 tax year. e. Appointment of Tax Assessor The Board appointed Jo Roberson as the Tax Assessor upon the retirement of John Smith, jr.; approved the new Tax Administrator job classification; and modified the appointment term of the Tax Collector to run through June 30, 2011. f. Unified Development Ordinance (UDO) Table of Contents This item was removed and placed at the end of the consent agenda for separate consideration. Hillsborough — Orange County Strategic Growth Plan — Phase II (Interlocal Agreement Initiative) This item was removed and placed at the end of the consent agenda for separate consideration. h. Contribution to Hillsborough for West Margaret Lane Sidewalk The Board approved the sidewalk contribution not to exceed $38,775 to be paid from the County Campus Project Fund; and authorized the Manager or his designee to execute documents as may be required to affect the expenditure. i. Justice Center Facility Project Change Order and Revised Capital Project Ordinances This item was removed and placed at the end of the consent agenda for separate consideration. L Approval of Boundary Line Agreement for Seven Mile Creek Preserve This item was removed and placed at the end of the consent agenda for separate consideration. k. Adoption of Final Bond Resolution Authorizing General Obligation Refunding Bonds in the Maximum Amount of$27,000,000 to Refund Public Improvement Bonds Issued in 2001 and 2003 The Board adopted a final bond resolution, which is incorporated by reference, authorizing the sale of General Obligation Refunding bonds in the maximum amount of $27,000,000 to refund Public Improvement Bonds issued in 2001 and 2003. I. Change in BOCC Regular Meeting Schedule for 2010 The Board amended its regular meeting calendar for 2010 by changing the date of the Legislative Breakfast from Monday, April 19, 2010 to Monday, February 22, 2010 at 8:00 a.m. at a location TBD. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: f. Unified Development Ordinance (UDO) Table of Contents The Board considered accepting and approving the formatting and organizational structure of a draft version of the table of contents for the proposed Unified Development Ordinance. Commissioner Gordon said that she did ask some questions, which the Planning Director addressed. She would appreciate the staff following through on identifying ordinance items that were new so that the Board can track them. After she sent the questions, she went to the meeting of the Commission for the Environment (CfE) and she has more questions from the CfE. She asked about the Environmental Impact Ordinance and if this would be included. Planning Director Craig Benedict said that it would be under the Environmental Management area. It is a free-standing ordinance and it will be folded into the UDO (50-133). Commissioner Gordon said that she thinks that it would be better to mark these things clearly in the outline. Another question was about the timeline and how it was too compressed for the boards and commissions to respond. Craig Benedict said that staff has developed a team within the Planning Department and Michael Harvey is the technical lead to keep the boards and commissions on task and make sure that information that moves forward to the boards and commissions comes back in the specific timeframe. Commissioner Gordon asked about the scope, and whether this was a reorganization or a rewrite and Craig Benedict said that it was more of a reorganization. The use tables and development standards will not be changed. Commissioner Gordon suggested that the Board of County Commissioners could approve this item as long as they are clear as to what is new. When it goes to the advisory boards, staff should also give it to the Board of County Commissioners for review so that the Board can make sure it is on track in January/February. She wants the County Commissioners to get what the advisory boards get for review and approval. Commissioner Yuhasz agreed with Commissioner Gordon's suggestions with the highlighting of new sections, and he encouraged the staff to highlight where the BOCC needs to do a lot of additional work such as streamlining how developers go through the permitting process and with zoning, etc. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to accept and approve the formatting and organizational structure of a draft version of the table of contents for the proposed Unified Development Ordinance, with an additional stipulation including Commissioner Gordon's and Commissioner Yuhasz's comments regarding what to highlight. Craig Benedict said that there is some sort of evolution to this and staff may not be able to do all of this. Commissioner Gordon said that the point of the motion is that the staff knows what the Board is interested in and it may or may not be possible to do all of the advanced work. VOTE: UNANIMOUS Hillsborough — Orange County Strategic Growth Plan — Phase II (Interlocal Agreement Initiative) The Board considered the version of the Interlocal Agreement adopted by the Town of Hillsborough and authorizing the Chair to sign. Commissioner Gordon said that she does support this, but she has a question about the representation from the orange urbanized area outside the town limits. She said she needed more information on when the Town of Hillsborough would consider increasing their numbers on their Board of Adjustment and Planning Board. She wants some assurance as to how the areas outside of Hillsborough will be represented on these board when they need to be. Craig Benedict said that the whole concept is that there are corporate limits, there are extraterritorial jurisdictions, and now urbanizing areas are being created, which will be outside the ETJ. In the two areas — orange and blue areas (future annexation for Hillsborough) —there will be jointly approved zoning and land use designations for those areas. As the Town grows into the ETJ, the ETJ representatives could be either from the ETJ or the urbanizing areas. Commissioner Gordon asked if there would ever be a period when people would be affected by Hillsborough regulations but have no representation. She said that it seems that the County should pursue this more forcefully, because there are a lot of areas coming in here yet there is no representation. Commissioner Jacobs said that he shares these concerns and has raised these issues in the work group. He pointed out that in the economic development district, there are already development standards. He said that the work group talked about having similar nomenclatures so that things mirrored one another. Orange County has a meeting with Hillsborough on February 181h, and he suggested asking that this be on the agenda just out of conversation so that everyone understands each other. He thinks that it is important to move forward. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the version of the Interlocal Agreement adopted by the Town of Hillsborough and authorize the Chair to sign, with a request to add this item to the Joint BOCC and Town of Hillsborough meeting agenda in February 2010 and discuss how to handle representation. VOTE: UNANIMOUS i. Justice Center Facility Project Change Order and Revised Capital Project Ordinances The Board considered approving 1) a change order for the Justice Center Facility capital project in order to comply with life safety code issues, and 2) capital project ordinances for the Justice Center Facility and Emergency Services Relocation at Meadowlands projects, and authorizing the Manager to sign. Commissioner Yuhasz said that this is an item where the work is not being shown because they are transferring funds from one capital project to another without showing the how and why. He said that it seems a more transparent transfer would be to transfer from one capital project to an undesignated capital project's fund and then transfer that out again. He said that it is difficult to follow the budget process and any shortcuts do not add to the transparency of the process. He asked about the $133,009 that is being transferred to the Justice Facility that comes out of the Emergency Services Relocation Capital Fund. He asked about the status of this project. Pam Jones said that there is more fund balance in the EMS Relocation than what is being taken. Also, the project is just closing during FY 2010, so the balances have not been seen. She said that they are taking a shortcut here because they know that the work is finished with the relocation project for EMS. Commissioner Yuhasz asked that from now on that the work be shown on transfers like this. Commissioner Gordon said that it is hard to track this and the Commissioners get hit with these cost overruns and under-runs, and the County Commissioners do not know about the under-runs most of the time. The overruns are huge amounts of money. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve a change order in the amount of $294,009 to the Justice Center Facility Project needed to comply with life safety code issues; approve the attached Justice Center Facility and Emergency Services Relocation at Meadowlands Capital Project Ordinances; and authorize the Manager to sign the change order. Commissioner Jacobs said that the County holds the school systems to a standard for capital project ordinances and he thinks that County projects should be held to the same standard. Frank Clifton said that it would have been helpful to provide a project summary of expenses, encumbrances, and balances. He said that the County can work toward this. He said that there are so many projects going on now and there may be more things that are found. He said that he would work on a scope and format VOTE: Ayes, 6; Nay, 1 (Commissioner Gordon) Approval of Boundary Line Agreement for Seven Mile Creek Preserve The Board considered the resolution of boundary overlaps and gaps among property owned by the Friends of Moorefields, the Crutchfield heirs, and Orange County by a boundary agreement, and authorizing the Chair to sign. Commissioner Jacobs asked to be excused from voting on this since he has an employment relationship with the Friends of Moorefields. A motion was made by Commissioner Nelson, seconded by Commissioner Yuhasz to excuse Commissioner Jacobs from voting on this item. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to approve the boundary agreement, authorize the Chair to sign the boundary agreement on behalf of the County, and authorize the agreement to be recorded contemporaneously with the recording of the documents to be recorded as part of the County's purchase of the Moorefields property. VOTE: Ayes, 6 (Commissioner Jacobs was excused) 5. Public Hearings-NONE 6. Regular Agenda a. Bradshaw Quarry Road Solid Waste Convenience Center: Scenarios and Strategies to Maintain Operations for Remainder Fiscal Year 2009-10 The Board considered operating scenarios and funding strategies for continuing the Bradshaw Quarry Solid Waste County Convenience Center for the remainder of FY 2009 — 2010. Solid Waste Director Gayle Wilson said that when the Board of County Commissioners adopted the current year's budget, it included a number of Solid Waste service reductions. Among those was the closure of the Bradshaw Quarry Solid Waste Convenience Center. At the Board's September 15th meeting, it rescinded that closure and instructed that the center remain open for the remainder of the calendar year. On October 201h, the Board adopted a budget amendment providing that funding. At that meeting, the Board also requested staff to come back to this meeting to discuss funding possibilities to keep the site open for the remainder of the budget year. He noted that the Solid Waste Planning Work Group is evaluating longer options for the unincorporated area, including the role of convenience centers in the future and how they might be funded. The work group requested that the Board of County Commissioners be briefed on the work group activity to date at the January meeting. The costs of keeping this facility open at its current schedule for the remainder of the budget year is about $43,000. There are four funding options: Operating Scenarios and Funding Strategies to Maintain BQR SWCC for the Remainder of FY2009-10 Scenario I: Continue all current BQR SWCC operations Funding Strategy: Allocate County General Fund Balance: • If one FTE is utilized for staffing $ 42,996 • If non-permanent employees are utilized for staffing $ 37,506 The remaining scenarios assume a two day a week operation at BQR SWCC only versus the current four day a week operation with requisite funding achieved through a combination of service reductions to create savings for reallocation and/or allocation of County General Fund Balance. • A savings of $16,536 is projected if one FTE is utilized for staffing or$21,996 if non- permanent employees are utilized. • The funding needed for a two day operation utilizing one FTE would decrease to $26,490 or$21,000 if non-permanent employees are utilized Utilizing Utilizing One Non- FTE Permanent Employees Scenario II. Convert to a two day a week operation at only the BQR SWCC, close on remaining holidays and eliminate yard waste acceptance at four Solid Waste Convenience Centers Funding Strategy: $ 10,000 $10,000 1. Reallocate $10,000 earmarked for BQR SWCC closure costs I' 2. Close on the remaining holidays $ 5,700 $ 5,700 3. Eliminate the acceptance of yard waste $ 7,083 $ 7,083 4. Allocate County General Fund Balance $ 3,707 $ 0 $22,783 $ 26,490 Scenario II (a). Convert to a two day a week operation at only the BQR SWCC, close on remaining observed holidays and not eliminate yard waste acceptance at four Solid Waste Convenience Centers Funding Strategy: 1. Reallocate $10,000 earmarked for BQR SWCC closure costs $ 10,000 $ 10,000 2. Close on the remaining holidays 3. Allocate County General Fund Balance $ 5,700 $ 5,700 $ 10,790 $ 5,300 $ 26,490 $ 21,000 Scenario II (b). Convert to a two day a week operation at only the BQR SWCC, do not close on all remaining holidays and eliminate yard waste acceptance at four Solid Waste Convenience Centers Funding Strategy: 1. Reallocate $10,000 earmarked for BQR closure costs 2. Eliminate the acceptance of yard waste $ 10,000 $10,000 3. Allocate County General Fund Balance $ 7,083 $ 7,083 $ 9,407 $ 3,917 $ 26,490 $21,000 Frank Clifton said that each choice is fine. He said that the big issue is that the convenience centers are being funded through the general fund. PUBLIC COMMENT: Sandra McKee said that she has been following this issue for many months. She said that she was so grateful when the first convenience center was located in her area. Her family has owned farmland here for almost 70 years. She said that people used to burn trash and dump bottles and cans in a pit on their property because there was no central collection site. She fears that if this site is closed that people will start dumping trash on their land again. She urged the County Commissioners to reconsider closing this site or reducing the hours. She suggested that the money being spent on consultants for various County projects be redirected toward providing adequate collection sites and other needed services for all residents of Orange County. Tony Blake spoke on behalf of Mike Hughes, who had to leave. He thanked the County Commissioners for reconsidering keeping Bradshaw Quarry Convenience Center open. He said that the community supports keeping the facility open two days a week, as long as one of those days is Saturday. He said that the yearly estimates to operate Bradshaw Quarry are still changing. Last summer it was $45,000 for a six-day operation, then it was $60,000 in September for a four-day operation, and now it is $85,000 for a four-day operation. He said that this is over a 100% increase. He said that transparent data is critical to transparent government. Kathleen Hoffman spoke for Orange County Voice. She said that Orange County Voice first spoke to the Board in August with concerns about Bradshaw Quarry Convenience Center being closed. She said that they learned that there were a number of changes being considered by the Solid Waste Work Group that would affect southwest Bingham users and also households throughout the unincorporated area. The lack of rural input had been discussed in SWAB meetings, and they had hoped to do a survey in partnership with SWAB. Orange County Voice publicized a survey as broadly as possible through the website, newspapers, churches, fire departments, rural retail stores, convenience centers, and civic organizations. They offered print and online access to the survey, and they received responses from more than 900 households throughout rural Orange County. She showed a map of respondent households. The survey responses confirmed the importance of convenience centers, not just at Bradshaw Quarry, but throughout Orange County. Ninety-four percent of respondents said that the local convenience center provides an important service to their household and community. Curbside recycling was available to 344 respondents and 60% of those who have access to the service use it. Those who do not use it say that it is easier to take recycling with their trash to the convenience center. Eighty-nine percent of the respondents support maintaining recycling at existing convenience centers, whereas only 23% are in favor of expanding curbside recycling. This is not to be confused with a lack of interest in recycling and waste reduction, because the respondents indicated that 85% of them separate their recycling from their garbage, 60% of them compost their yard waste, and 48% of them compost their kitchen waste. Only 18% of the respondents think the County should be contracting with private garbage haulers. She said that curbside services are not a good fit with a rural area because of long driveways and rural roads. She said that they believe that there are better ways to spend taxpayer money. Based on all of the information, Orange County Voice asks that the County Commissioners vote to keep Bradshaw Quarry open two days a week, and that the Board instruct the work group to discontinue further pursuit of garbage franchises and expansion of rural recycling at this time. If the County chooses to continue to expand rural recycling, they ask that it be put forth on a voluntary basis. Norma White lives in northeastern Orange County and she was speaking as a member of Orange County Voice, because she thinks that they have a voice of the rural population, which has not had a solid backing in the past. She said that the survey done was remarkable because it is difficult to get rural people together to make a statement. She said that the survey confirmed that the residents were highly satisfied with the convenience centers. She asked the County Commissioners to reject "pay-as-you-throw" and keep the convenience centers. She asked that nothing be done until there is a complete profile of all of the costs and tax implications. She said that some rural residents have said that the Board never listens to them and only wants to raise their taxes. Bonnie Hauser from Orange County Voice said that she hopes the County Commissioners have found their input helpful and that they will keep the Bradshaw Quarry convenience center open and begin the focus on cost-effective services for the future. She said that another way to cut costs would be to limit the disposal of certain bulky items to only quarterly, for example. Cutting the days of operation could also help, but other ideas include directing all trash from Ferguson and Bradshaw Quarry to the Alamance landfill, which is closer than Eubanks and a lot closer than Durham. She said that if the County does not spend money on the transfer station, then this money could be used for compactors at the convenience centers. She said that now is the time to work on reducing waste rather than fees. She said that Orange County Voice does appreciate the work of the Solid Waste department and the convenience centers and they do not want their comments to be misconstrued otherwise. Frank Tozzolina said that he lives in Bingham Township and is a member of Orange County Voice. He feels that the rural residents have taxation without representation because the services are not distributed in a fair and equitable way. He said that a $40,000 savings in such a large budget is a real drop in the bucket and the rural community should not be deprived of such an essential service. He said that it would put an extra burden on the rural residents to close this convenience center. Commissioner Yuhasz said that the Solid Waste Work Group met today and they supported the continuing use of convenience centers as an important part of the solid waste handling in Orange County. He said that the convenience centers are costing the County more than it can afford, so they need to look at continuing the convenience centers while being able to afford it. He would like to keep Bradshaw Quarry open until there is an overall, long-term plan for the convenience centers. He said that he is in favor of closing on holidays and maybe closing Bradshaw Quarry for two of the four days that it is open now. He is not in favor of doing away with any of the other services at Bradshaw Quarry. He suggested looking at closing the High Rock site on Mondays. He asked for an estimate on what that would save or cost. Commissioner Yuhasz made this as a motion. Commissioner Jacobs seconded the motion. Commissioner Jacobs said that he agrees with Commissioner Yuhasz in concept. There was a discussion about coming back in January or February with a proactive schedule to address these issues, with a system of neighborhood and district convenience centers that would cover the County, that would be more aggressive in promoting recycling of more materials, and that would take into consideration the changes in the system that have not been considered previously by eliminating the transfer station and using Durham. He said that the County also needs to contact the governmental partners and make sure everyone is on board. The staff will be asked to maintain Bradshaw Quarry as part of the system and work toward a more comprehensive view of the convenience centers. He would like to see staff come back with other options for funding this that do not involve the fund balance. Commissioner Jacobs also pointed out the abbreviations in the abstract and suggested spelling these out if this information is given to the public. Commissioner Hemminger said that she supports keeping Bradshaw Quarry open, but she has some questions about yard waste elimination. She asked if this was truly needed. Gayle Wilson said that this service is moderately used and used more by the urban areas. He does not think that it is an essential service. Commissioner Gordon agreed with keeping Bradshaw Quarry open at least until the end of the fiscal year. She asked if the motion included eliminating a day of operation at High Rock and Commissioner Yuhasz said yes. Commissioner Gordon said that her thought is that Bradshaw Quarry would be kept open until the long-range plan was worked out. She is concerned about closing for a day at High Rock because the agenda item did not include that specifically and no one was notified about it. Commissioner Jacobs suggested that as part of the motion, that the Board could direct the staff to bring back to the Board some alternatives based on the discussion that do not include using the County fund balance. Commissioner Yuhasz agreed. Commissioner Gordon asked for the motion to be stated again. Frank Clifton said that the only place to fund this operation is the fund balance. It is not part of the Solid Waste operational fund and the land transfer fees. Regarding the elimination of yard waste disposal, people would have to carry it to the Eubanks Road site. He encouraged the Board to keep Bradshaw Quarry open until the end of the fiscal year, cutting it down to two days, and supplement the costs out of the general fund. Commissioner Yuhasz withdrew his motion and Commissioner Jacobs accepted the withdrawal. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to keep Bradshaw Quarry Road Solid Waste Convenience Center open through the end of the 2009-2010 Fiscal Year to be funded by keeping it open two days per week, with one of those days being Saturday, with the understanding that the budget amendment would allow the subsidies to be done out of the general fund. VOTE: UNANIMOUS b. Fire/Rescue/EMS Study Request for Proposal The Board reviewed and considered a Request for Proposal which solicits proposals from qualified vendors to conduct an assessment and provide a report detailing the fire, rescue, emergency medical, and emergency service capabilities within Orange County. Emergency Services Director Frank Montes de Oca recognized the people on the review committee for this. PUBLIC COMMENT: Earl McKee lives in the Caldwell community. He said that this proposal has been reworked to address many concerns. He said that one of the main objections to this study is the cost of the study. He said that with the possible cost upwards of $112,000, the County cannot afford it and does not need it. He requested that the Board of County Commissioners direct staff not to proceed with the consultant study and to redirect any funds appropriated to pay for County services. He asked that the Board spend money on things that matter and not consultants. Commissioner Yuhasz said that the expenditure of money for this study will in the long run save money and provide better services. He does not want to delay this. A motion was made by Commissioner Yuhasz, seconded by Commissioner Pelissier to approve a Request for Proposal which solicits proposals from qualified vendors to conduct an assessment and provide a report detailing the fire, rescue, emergency medical, and emergency service capabilities within Orange County. Commissioner Gordon said that there was a lot of information here. She said that the County Commissioners should be very careful about consultants in the future. Commissioner Pelissier said that sometimes staff has the expertise and she agreed with looking carefully at consultants. In this case, she agrees with the consultant because it is a very complex system of service providers. Commissioner Gordon said that there are no dates on pages 5, 7, and 8. Frank Clifton said that the staff did not know when a decision was going to be made. The dates will correspond with the requirements for advertisements of solicitations for consultants. VOTE: UNANIMOUS c. Fiscal Year 2009-10 Budget Amendment #5 The Board considered approving budget, grant and capital project ordinance amendments for fiscal year 2009-10. Frank Clifton said that this has been a carryover item and the Board asked it to be brought back. He said that budget amendments are historically the way that Orange County has dealt with these issues and he thinks that it distorts the fund balance at the end of the fiscal year. He would like to work to change this during the budget process. He said that this is basically when projects have been funded and allocations have been made that goes beyond the end of the fiscal year but was budgeted last year. Rather than setting up a line item and showing it in the budget for the next fiscal year, the dollars come out of the general fund and then a budget amendment comes back to address it. Commissioner Gordon said that she has trouble with how to explain this to the public, because the budget had to be cut at the beginning of the fiscal year, and now it is being increased. Financial Services Director Clarence Grier said that they would include this as part of the budget process at the end of the year, so that it would be transparent. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve budget, grant and capital project ordinance amendments for fiscal year 2009-10 for the Health Department, Housing and Community Development, Juvenile Justice and Delinquency Prevention, Department of Social Services, Department on Aging, Orange Public Transportation, Parks and Recreation — Fairview Park Capital Project, Emergency Services Department, Technical Amendment— Hillsborough Commons Capital Project, Revenue Department, and Carry Forwards. VOTE: Ayes, 6; Nay, 1 (Commissioner Gordon) d. Acceptance of Homestead Community Center Bid and Discussion of Preservation Easements for Churton Street Properties The Board considered approving a resolution authorizing the sale of Homestead Center located at 600 Homestead Road in Chapel Hill; and considered placing, or causing to be placed, Historic Preservation Agreements on two Churton Street County properties; and re- starting the divestiture process by re-advertising the properties for sale. Asset Management and Purchasing Director Pam Jones said that the bid for the Homestead Community Center was $275,000 and there were no upset bids. Staff is asking the Board to close this process and accept the bids. Commissioner Nelson said that the financial impact statement does not track with prior Board action. He said that the Board directed what should happen to the sale proceeds by a motion on June 2nd. There was confusion about six weeks ago on this and he thought it was cleared up. He does not know why the direction that was given is not reflected in the abstract. He wants to find out what fell through the cracks and he wants a report from the Manager as to what steps are being taken. Frank Clifton said that the Board gave direction as to how the money was to be used, and then an account has to be established because there is not a reserve fund set up. The money will be directed as the Board indicated, which is 60% to southwest library and 40% to the schools. Commissioner Gordon clarified that the 40% was for the older schools. Pam Jones said that the second portion is the Churton Street properties. The Board rejected all of the bids received on the 112 and 118 N. Churton Street properties and asked the staff to get a preservation easement or something similar in place that would preserve the historical integrity of those two facilities. She talked with the Historic Preservation Foundation of North Carolina and the proposal is that the attached agreement be executed by the new buyers of the property. This property will be re-advertised. The agreement in the abstract will be initiated between the purchaser and the foundation. The foundation requests that there be a stewardship fee attached to this. It could be assessed against the County or the proceeds. Staff is proposing that the fee be paid directly by the buyer. The larger property, 112 N. Churton Street, would have a $7,000 fee attached to it separate from the purchase price. The smaller property, 118 N. Churton Street, would be $3,000. The foundation would make certain that the property was kept as a historical property. Frank Clifton said that one consideration would be to sell the properties as one. Commissioner Jacobs said that when the County bought this property the seller refused to subdivide it and building 118 was thrown in. Commissioner Yuhasz said that there has been interest by someone that might not want to buy both properties. Commissioner Nelson agreed with Commissioner Yuhasz and he said, generally speaking, you get less money if you lump properties together. Commissioner Yuhasz said that he would like to see the no subdivision provision taken out. He also wants to be sure that, if it is subdivided, that only the portion of the property that contains the building is subject to the preservation issue. PUBLIC COMMENT: Bonnie Hauser said that Susan Walser asked her to speak tonight because she has a friend that is interested in buying building 118, which has no parking. Building 112 has 20 spaces. She said that parking would be an issue for this buyer. She said that parking included in building 118 would make it more valuable to a buyer. A motion was made by Commissioner Nelson, seconded by Chair Foushee to approve the Manager's recommendation to pursue the following actions to consummate the sale of the Homestead Community center: - Accept the offer submitted by Chapel Hill Training Outreach Project in the amount of $275,000; and - Approve the attached resolution and authorize the Chair to sign as appropriate, and - Authorize the County Attorney and staff to create the appropriate paperwork for completion of the sale, and - Authorize the Chair and Manager to sign documents as may be required by consummate the sale. AND For the properties at 112 and 188 N. Churton Street, the Board authorized staff to re- advertise the properties with Historic Preservation Agreements stipulated as requirements of the sale along with the surcharge requirements to Preservation NC as outlined herein, with an additional #4 for the Resolution Authorizing Sale of Property (added by Commissioner Nelson): "The proceeds from this sale and the other surplus properties will be placed in a dedicated fund as previously directed by the Board of County Commissioners on June 2, 2009 (60/40 split). The staff is directed to bring back any necessary budget amendments or other documents needed to effectuate the Board's direction as approved on June 2, 2009." Commissioner Yuhasz asked to amend the motion to include the provision that the subdivision ban be eliminated from the preservation easement and that only properties that contain buildings would be thereafter subject to the preservation easements. Commissioner Jacobs said that he would vote for the motion, but he would like to bring up later that the 40% that goes to school capital be reconsidered in the light of pay-as-you-go capital that the County is also going to have to come up with this year. He does not want to add to school capital and at the same time lay off staff or cut services. He just wants to flag this. Commissioner Hemminger said that she is concerned about the parking here and splitting up the buildings and the parking. Frank Clifton said that the major issue would be where the owner would park their car. He does not think that the County should get into all of this and that it should put it out to bid and let the market decide. VOTE: Ayes, 6; Nay, 1(Commissioner Hemminger) e. Resolution Endorsing the No-Build Alternative for Elizabeth Brady Road Extension The Board considered approving a resolution to the North Carolina Department of Transportation endorsing the no-build alternative for Elizabeth Brady Road Extension, Transportation Improvement Program Project Number U-3808. Transportation Planner Karen Lincoln introduced this item. She said that the North Carolina Department of Transportation in November released the Draft Environmental Impact Statement for this project and held a public hearing on December 71h. NCDOT will accept written comments until January 71h. The Town of Hillsborough adopted a resolution at its meeting last night endorsing the No-Build Option (pink sheet). Commissioner Jacobs said that he understands why this is titled the way it is, but it is unfortunate that it is a negative statement. He thinks of it as the reallocation of funds to better address traffic flow in the Hillsborough area. He said that there are some simple improvements that could make a major difference. He thinks that Orange County needs to have a discussion about how it wants its traffic to flow instead of going along with what NCDOT has said. PUBLIC COMMENT: Jim Ray said that he has been involved in this issue for probably 25 years. He has been on three committees for the Town of Hillsborough. He read from his handout: "The purpose of the project is to reduce traffic congestion on Churton Street in the central business district in terms of traffic delay at intersections and travel time in the peak period and the peak direction. The traffic through the central business district of Hillsborough on Churton Street operates on congested conditions due to the limited lane capacity, lack of turn lanes, close spacing of traffic signals, and the presence of on-street parking. The congestion is most severe in the central business district on Churton Street between NC 86, US 70 Business south of the Eno River, and Tryon Street. The Churton Street intersection delay at Margaret Lane and King Street is expected to increase by over 700% compared to 2005 conditions and the delay at Tryon Street is expected to increase by over 4,000%. What this means for motorists is that it takes 6-8 minutes with 2005 conditions to drive 1.2 miles of Churton Street through downtown Hillsborough. The 1.2 miles is from 70 to where 70-A meets Churton Street. It is projected to take 36.8 minutes to travel the same distance in 2025 with the no-build conditions. The annual vehicle hours of delay along downtown Churton Street are projected to grow exponentially from about 163,200 hours in 2005 to 3,067,200 in 2025, for a 19-fold increase. This will require parallel congestion relief routes and other land use strategies to mitigate traffic conditions in Hillsborough." He said that Brady Road Extension would be a parallel route. Scott Ray said that when his father started with the Elizabeth Brady Road issue, he was born. Now his son is 8 and he hopes that he is not talking to the Board of County Commissioners in 25 years trying to figure out how to keep traffic off of Lawrence Road. He lives outside of Hillsborough and he is thrilled to hear that the County Commissioners are concerned about representing the County residents against Hillsborough's projects. He said that the EDD task force specifically recommended the three alignments of Elizabeth Brady Road in 2001 as the first, second, and third priorities. No-build was not one of the top three, and it was #6. He read some facts from the EDD task force recommendation: - First recommendation is Elizabeth Brady Road alignment 3 through Poplar Ridge - Second recommendation is Elizabeth Brady Road alignment 2, averting the race track - Third recommendation is original alignment. He said that he drove down Erwin Road today at 5:00 and he saw Hillsborough's future of bumper to bumper cars. He said that the no-build option did not address any environmental, cultural, or infrastructural impact by forcing ever increasing on roads never intended for the capacity. He said that because Hillsborough chose the no-build option, then Old NC 10, Lawrence Road, 70-A, Old Mountain Road, and West Hill Avenue will become de facto bypasses. He asked the Board of County Commissioners to vote against this resolution. Commissioner Gordon said that this issue has been discussed extensively. She asked the Board to look at the blue sheet from her with the revisions. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the revised Resolution Endorsing the No-Build Alternative for TIP Project Number U- 3808, Elizabeth Brady Road Extension. Commissioner Gordon said that this resolution is a response to the draft environmental impact statement and the Board is trying to get its comments to NCDOT in a timely manner about this. She said that the approach is not to do nothing, but to include the three projects on the DCHC MPO Regional Priority List first. She said that Elizabeth Brady Road has environmental and other cultural impacts that are sufficient to outweigh the advantages. The goal was to stress big projects that are already on the regional priority list. She said that everyone agrees that mobility on Churton Street needs to be addressed. Commissioner Jacobs said that Commissioner Gordon directly contradicted herself because she said that she did not want to be specific, but the resolution is specific. He thinks that the County Commissioners should make this a more affirmative statement than what the resolution says. He would like to add to the title, "and the reallocation of funds to better address traffic flow in the Hillsborough area." Commissioner Gordon said that it would be better to say, "and seeking to improve the traffic flow in Hillsborough." Commissioner Yuhasz said that his office has been on Churton Street since 1982 and the Elizabeth Brady Road Extension has been on the books for a long time and it seeks to improve this situation. He said that this resolution is based on the appearance of a draft environmental impact statement, and he has not seen this statement. He said that he attended the Town's meeting last night and he does not see how this no-build option fits into the big picture of transportation. He said that he does not have enough information to vote for this. Commissioner Gordon restated a different title: "A Resolution Endorsing the No-Build Alternative for TIP Project Number U-3808, Elizabeth Brady Road Extension, and Supporting Funding for Improving Traffic Flow in Hillsborough." VOTE: Ayes, 6, Nay, 1 (Commissioner Yuhasz) Commissioner Jacobs said that he is serious about the Strategic Highway Corridor Vision Plan and the Board should try and put it on a work session agenda to discuss how this can be addressed. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENDORSING THE NO-BUILD ALTERNATIVE FOR TIP PROJECT NUMBER U-3808, ELIZABETH BRADY ROAD EXTENSION AND SUPPORTING FUNDING FOR IMPROVING TRAFFIC FLOW IN HILLSBOROUGH WHEREAS, the North Carolina Department of Transportation has released the Draft Environmental Impact Statement for Transportation Improvement Program Project Number U- 3808, the Elizabeth Brady Road Extension; and WHEREAS, the Draft Environmental Impact Statement contains detailed studies for four alternatives for the project including a No-Build Alternative that would include other North Carolina Department of Transportation programmed roadway improvements and other roadway projects in the area that are included in the adopted 2035 Long Range Transportation Plan of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization but no improvements to Elizabeth Brady Road except for routine maintenance; and WHEREAS, the Draft Environmental Impact Statement indicates implementation of Build Alternatives 3, 4 or 6 would have greater negative impacts to area physical, cultural and human environments than the No-Build Alternative while reducing traffic delay on Churton Street by only 13% to 23%; and WHEREAS, Orange County has previously submitted comments regarding the County's concerns with protecting the natural and cultural resources in the vicinity of the Elizabeth Brady Road project; and WHEREAS, Orange County has participated in several joint endeavors with the Town of Hillsborough to study transportation projects and develop plans recommending projects to address traffic congestion in and around Hillsborough; and WHEREAS, Orange County has included projects recommended by those joint studies in its priority list requests for programming in the Transportation Improvement Program; and WHEREAS, the Town of Hillsborough has developed a list of alternatives to replace construction of the Elizabeth Brady Road Extension project; and WHEREAS, the North Carolina Department of Transportation will consider such things as safety, costs, traffic service, environmental impacts and public comments in making a recommendation for a Preferred Alternative Corridor for preparation of the Final Environmental Impact Statement; NOW THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners Orange County endorses the No-Build Alternative for Transportation Improvement Program Project Number U-3808, the Elizabeth Brady Road Extension, and supports programming of roadway improvements in the 2035 Long Range Transportation Plan of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization to alleviate traffic on Churton Street in downtown Hillsborough, including the following three projects on the Durham-Chapel Hill- Carrboro Metropolitan Planning Organization Regional Priority List:: • Transportation Improvement Program Project Number R-2825, South Churton Street improvements (Durham-Chapel Hill-Carrboro Metropolitan Planning Organization priority project number 9); • Transportation Improvement Program Project Number U-3436, realignment of the intersections of Eno Mountain Road and Mayo Street at Orange Grove Road (Durham-Chapel Hill-Carrboro Metropolitan Planning Organization priority project number 20); and • Extension of Orange Grove Street to US 70 A (Durham-Chapel Hill-Carrboro Metropolitan Planning Organization priority project number 16). • BE IT FURTHER RESOLVED by the Orange County Board of Commissioners Orange County urges the North Carolina Department of Transportation to consider funding a package of alternative improvements, which will be submitted consistent with Metropolitan Planning Organization processes. f. Acceptance of American Tower, Inc. Response / Contract to the Broadband Request for Proposal (RFP) The Board considered accepting the American Tower, Inc. response/contract to the County broadband services RFP. Craig Benedict said that there was only one bid for this. American Tower is offering free services to work with the County to submit some grants in February for broadband in rural areas. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve accepting the American Tower, Inc. response for free consulting resources for ARRA grant/loan applications, direct staff to begin negotiations with American Tower, Inc. to prepare a memorandum of understanding regarding the completion of a grant or loan application to fund new broadband service within the rural underserved and unserved portions of the County, and analyze other areas of the County for inclusion into Master Telecommunications Plan and bring forward in February 2010. VOTE: UNANIMOUS Restructuring of the Planning and Inspections Department The Board considered acknowledging the restructuring of the Planning and Inspections Department. Craig Benedict said that this item is being brought forward in response to some of the retirements that have occurred in the department. There have been about 3-4 people that have left for other jobs. Based on these vacancies, the Planning Department can streamline things and have a Unified Development Department. The action tonight is to acknowledge the restructure. The formal action is to take a Planner I position and reclassify it to a Planning Technician and to re-title the Assistant County Engineer to Staff Engineer. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to acknowledge the proposed changes to the structure of the Planning and Inspections Department and approve: - The new Planning Technical Classification — Grade 14; and - The title change of Assistant County Engineer to Staff Engineer VOTE: UNANIMOUS 7. Reports-NONE 8. County Manager's Report - None 9. Board Comments - Deferred 10. Appointments a. Chapel Hill Parks & Recreation Commission — New Appointment The Board considered making a new appointment to the Chapel Hill Parks & Recreation Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Timothy Peppers to a term expiring June 30, 2011. VOTE: UNANIMOUS b. Joint Orange Chatham Community Action (JOCCA) — New Appointment The Board was to consider making one appointment to Joint Orange Chatham Community Action. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to defer this appointment until the Board has had discussions about boards and commissions. VOTE: UNANMIOUS DEFERRED 11. Information Items • Review of Development Issues Associated with Hanson Aggregate Quarry Operation Along Highway 57 within the Little River Township • Agricultural Support Enterprises — History & Status • Update on Consultant Selection Process with the Unified Development Ordinance (UDO) • Hunters "Dogging Deer"- Feedback from Concerned Private Property Owners • UNC School of Medicine — Orange County Research Farm • December 7, 2009 BOCC Meeting Follow-up Actions List 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to adjourn the meeting at 11: 16 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board