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HomeMy WebLinkAboutMinutes 05-06-2010 APPROVED 6/1/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 6, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, May 6, 2010 at 7:00 p.m. in the DSS Offices, Hillsborough Commons, in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Pam Hemminger COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff inembers 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 Chanqes to the Aqenda Commissioner Hemminger was not able to be here tonight. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda Carolyn Cole is a resident of Chapel Hill and a member of the Blue Ridge Environmental Defense League. She said that there are two large commercial medical waste incinerators just over the Orange County line in Alamance County. There will be a public hearing on the Title V Permit Renewal on May 25th at Alamance Community College at 6:00 p.m. Last year they burned 26.3 billion pounds of inedical waste from 22 states. The toxins released from these incinerators are spread all around the area. She said that the public health is at risk and so is the environment. She said that Mecklenburg County is facing a similar permit renewal and the Mecklenburg County Commissioners unanimously passed a resolution requesting that the North Carolina Environmental Management Commission adopt state rules that implement the EPA's new rules in 2012 rather than 2014. This will help clean the air for the citizens. She urged the County Commissioners to consider a similar resolution at the next meeting. The North Carolina Environmental Management Commission will be adopting the EPA rules in the very near future. This resolution from Mecklenburg County was on the blue sheet in the agenda packet. Commissioner Nelson asked staff to draft a resolution for the next meeting. The Board agreed. b. Matters on the Printed Aqenda 3. Proclamations/ Resolutions/ Special Presentations-NONE 4. Consent Aqenda A motion was made by Commissioner Yuhasz, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from April 6 and 8, 2010 as submitted by the Clerk to the Board. b. Appointments-NONE c. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to two (2) requests for property tax refund in accordance with N.C. General Statute 105-381. d. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to fifteen (15) requests for property tax release in accordance with N.C. General Statute 105-381. e. Application for Property Tax Exemption/Exclusion The Board approved one (1) untimely application for exemption/exclusion from ad valorem taxation for the 2009 tax year. f. National Historic Preservation Month The Board approved a proclamation designating May as National Historic Preservation Month, authorized the Chair to sign, and extended an invitation to the public to participate in the upcoming events. g_ Older Americans Month Proclamation This item was removed and placed at the end of the consent agenda for separate consideration. h. Impact Fee Reimbursement Requests The Board approved an impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $6,000 for two new homes and a request from the Community Home Trust for$6,092 for one new home in Carrboro. i. Oranqe County FY 2010 HOME Proqram Action Plan The Board adopted a resolution, which is incorporated by reference, approving the proposed HOME Program Activities for 2010-2011 and authorized the Chair to sign; and authorized the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. i Oranqe County Consolidated Housinq Plan The Board adopted a resolution, which is incorporated by reference, approving the 2010-2015 Consolidated Housing Plan for Orange County, N.C. k. Leqal Advertisement for Quarterly Public Hearinq — May 24, 2010 The Board approved the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for May 24, 2010. I. Conqestion Mitiqation and Air Quality Project C-4932 The Board approved budgeting $4,055 in Fiscal Year 2010-2011 to provide the required 20% local match for a Congestion Mitigation and Air Quality grant for capital improvements (transit shelter and bicycle racks for OPT buses); and directed staff to work with the Town of Hillsborough to develop a Memorandum of Agreement reflecting the Town's action to provide the local match for transit operations for three years. m. Oranqe County Hazard Mitiqation Plan Update The Board approved a resolution, which is incorporated by reference, adopting the Orange County Hazard Mitigation Plan Update as approved by the Federal Emergency Management Agency (FEMA). VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Aqenda g_ Older Americans Month Proclamation The Board considered approving a proclamation and joining federal and state governments in designating the month of May as Older Americans Month as a time to honor older individuals for their contributions to society and Orange County and authorizing the Chair to sign. Fred Schroeder was representing the Advisory Board on Aging. He said that Orange County has supported older residents in Orange County for many years and they appreciate it. He recognized Department on Aging Director Jerry Passmore, who has been the heart and soul of the aging programs in Orange County. He read the proclamation. PROCLAMATION OLDER AMERICANS MONTH — MAY, 2010 WHEREAS, according to the latest population figures, there are more than 19,000 persons over 60 years of age in Orange County in 2010; and WHEREAS, the over-60 age group is the fastest growing population sector in Orange County and is projected to grow to over 41,000 persons by 2029, which will approximate one out of every four Orange County residents; and WHEREAS, the President of the United States and the Governor of North Carolina have declared May as Older Americans Month; and WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for their contributions to their County, State and Nation; and WHEREAS, all Orange County residents enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place to live; and WHEREAS, this year's theme for Older Americans Month is "Age Strong! Live Long!"; and WHEREAS, Orange County also wishes to set aside a special month for recognition of the older segment of its residents; NOW, THEREFORE, we, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in proclaiming May 2010 as OLDER AMERICANS MONTH and further encourage all residents to join us in honoring our older Americans. This the 6th day of May, 2010. Mr. Schroeder introduced Ms. Ella Carver, who will be celebrating 99th birthday next week. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to approve the Older American's Month proclamation. VOTE: UNANIMOUS 6. Public Hearinqs-NONE 7. Reqular Aqenda a. Schools Adequate Public Facilities Ordinance — Approval and Certification of Annual 2010 Report The Board considered approving the 2010 Schools Adequate Public Facilities Ordinance Technical Advisory Committee Report and certifying portions of the Report. Planning Board Director Craig Benedict introduced this item. Every year there is a report of the SAPFO and each aspect is reanalyzed. At the December 7, 2009 Board of County Commissioners' meeting, the Board approved the November 13, 2009 actual membership and capacity numbers for both Orange County Schools and Chapel Hill-Carrboro City Schools. 2010 SAPFOTAC Annual Report Certification and Approval May 6, 2010 Elements To Be Certified •Building Capacity and Current Year Membership •Student Membership Projection Methodology •Student Membership Projections •Student Growth Rates •Student/ Housing Generation Rates Projections from 2010 SAPFOTAC Report Orange County Schools — no new elementary schools are projected in the next 10 years. Projections from 2010 SAPFOTAC Report Chapel Hill-Carrboro City Schools — in 2012-13 it is projected that elementary schools will be over capacity, however growth is not stopped until the actual numbers come in that exceed the level. •School Membership- actual number of students attending, based on enrollment •Buildinq Capacity- determined by joint action of School Boards and BOCC with reference to State guidelines; mobile classrooms and other temporary classroom spaces do not count toward building capacity Updated School Construction Standards Adopted 2007 •Capacity Generating Spaces defined •Includes recommended standard for Pre-K classroom(s), but is not counted as "Capacity Generating Space" Commissioner Gordon said that she had asked Craig Benedict and staff some questions about Pre-K beforehand and he had addressed these. She said that the Board of County Commissioners had decided that the collaboration group will address the Pre-K issues first. She asked what the County would do for a response to the CHCCS's question about Elementary School #11. Frank Clifton said that Elementary School #11 can be a priority but not funded because the economy had a negative effect on the County's budget. He said that when the County began to exceed 15% on its debt service, it has had an impact on the interest paid on its debt. He said that one of the ways to increase the County's budget is to raise taxes or revenue. He does not have an immediate way to solve this problem. Commissioner Gordon asked when the Board would take this up for a decision for an official response to the CHCCS Board and Frank Clifton said that the Board indicated at the joint meeting with the school boards that the County could not afford to fund this school. Commissioner Gordon said that the discussion was informal and she thought there would be a formal time of discussion. Frank Clifton said that he does not have plans to bring it forward again. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to notify the CHCCS that the County will not be funding Elementary School #11 in the upcoming fiscal year. VOTE: UNANIMOUS Commissioner Yuhasz asked about the issuance of the CAPS and how these are tracked. He asked about the number of CAPS in this report because he could not find it in the report. He said that many projects are approved with a specific deadline for completion and he asked if there was a means by which the CAPS are released if the project is not completed within the deadline. Craig Benedict said that he will provide the information to the school systems in a couple of weeks regarding the number of CAPS. Regarding the projects deadline, he said that most are assumed to be finished within a timeframe. There has not been a situation where the project has not been completed, but he can see the point. He will elaborate on this information at a later time. Commissioner Jacobs asked if people could sell their CAPS to someone else if they were not able to build. John Roberts said that he does not know if this is legal or not, but he will research it. Craig Benedict said that any project with development approval has been extended for two years. Chair Foushee said that she would hope that in the communication to CHCCS that the County would ask CHCCS to inform the Community School for People Under Six as soon as possible so that they will know what to do in regards to relocating sooner than planned. A motion was made by Commissioner Jacobs, seconded by Commissioner Pelissier to approve the 2010 Schools Adequate Public Facilities Ordinance Technical Advisory Committee Report and certify the specified portions of the Report. VOTE: UNANIMOUS b. Adoption of a Code of Ethics for the County Commissioners and Consideration of Recommendinq the North Carolina General Assembly Amend or Repeal Portions of Session Law 1987-460 The Board considered a recommended Code of Ethics to guide the Commissioners in the performance of their duties and considered recommending the General Assembly amend or repeal portions of Session Law 1987-460. John Roberts said that the purpose of this is to accommodate a 2009 law that was passed by the General Assembly that requires all local elected boards to adopt a code of ethics. There are five required parts, and he listed these: 1) The need to obey all applicable laws regarding official actions taken as a Board member; 2) The need to uphold the integrity and independence of the Board member's office; 3) The need to avoid impropriety in the exercise of the Board member's official duties; 4) The need to faithfully perform the duties of the office; 5) The need to conduct the affairs of the governing Board in an open and public manner, including complying with all laws governing open meetings and public records. He said that the draft he presented was done based on the School of Government's model. He said that there are a lot of things that are not required but there are other things he added that are specific to Orange County. He also put in a replacement for a 1987 local bill that would require the Board members to disclose property interests in Orange County. The purpose is to prevent any individual Board member for possibly voting in favor of some action that would benefit that Board member. This also applies to business interests. He made reference to a newspaper article a few weeks ago regarding this proposal and he said that the bill would be replaced by this code of ethics. He said that the newspaper article was not factual. He said that section 6 is optional and is about censure. Commissioner Pelissier asked about page 5, Section 1 b, where it says, "Board members should endeavor to keep themselves up to date through the Board's Attorney and other sources." She asked about "other sources." John Roberts said that each Commissioner has to complete two clock hours of ethics education annually within 12 months of appointment or election to office. This ethics education would be another source. The School of Government also publishes guidelines for local government officials. He would recommend two hours annually for each Board member and not just in the first year. Commissioner Gordon said that she asked the attorney some questions earlier regarding Section 3, item c and she read, "Board members shall, at the annual organizational meeting of the board immediately after assuming office, file with the Clerk to the Board of County Commissioners a written statement describing any legal, equitable, beneficial, or contractual interest he or she or his or her spouse has in any business, firm or corporation, of whatever nature." She said that this is not in the model legislation, but it tracks what was in the ordinance, except that it leaves off language about, "doing business with Orange County pursuant to the contracts that had been awarded by Orange County or attempting to secure the award of a bid from Orange County or the approval of any board or agency of Orange County." She thinks that this language is more specific and there should be reference on doing business in Orange County. She asked to put this language back in. Chair Foushee asked the Board of County Commissioners for a motion on this language. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to add this language as stated above to the Code of Ethics. She read the language: "...whatever nature, which is doing business with Orange County pursuant to contracts which have been awarded by Orange County, or which is attempting to secure the award of a bid from Orange County or the approval of any board or agency of Orange County." VOTE: UNANIMOUS Commissioner Gordon made reference to section 4 and the last statement, "Board members should be willing to bear their fair share of the Board's workload. To the extent appropriate, they should be willing to put the Board's interests ahead of their own." She asked how this would work out in regards to censure because it seems open to interpretation. She suggested that maybe it could say, "Board members should be faithful in the performance of the duties of their office". John Roberts said that this sentence could be deleted but it was created by the SOG and it was put in there because County Commissioners have been elected and then do not go to meetings, but not in Orange County. Removing the sentence does not violate any ordinance. Frank Clifton said that this is a non-binding censure. Commissioner Jacobs said that the County Attorney said that any board member could censure but Section 6 said that the majority of the Board has to initiate it. Commissioner Yuhasz said that they have to look at the entire code as to how the Board will behave and he would not want to eliminate this portion. John Roberts said that in Section 3-b and c, the disclosure sections, he would recommend that the Board add language, "The Board members shall, at the annual organizational meeting of the Board, immediately after assuming office and at each annual organizational meeting of the Board thereafter.." and also add this same language after Section 3-c, so that there is an opportunity every year to disclose anything new. Commissioner Yuhasz suggested that both disclosures should be filed at the first meeting AFTER The organizational meeting so that the County Attorney could remind everyone that this disclosure needs to be made. Commissioner Jacobs made reference to the same section, 3-b and c, and said that Orange County is one of the few counties that provide benefits to domestic partners and he thinks that they should be recognized as having to disclose. He suggested the following language in this section: "his or her spouse or domestic partner." John Roberts reiterated the changes before moving forward: - Deleting "and other sources" from 1-b. - Section 3-b and c, adding language about the annual disclosure - Section 3-b and c, adding domestic partner language. A motion was made by Commissioner Pelissier, seconded by Commissioner Yuhasz to approve the changes as stated by John Roberts above. VOTE: UNANIMOUS Commissioner Jacobs said that he has some concerns about the type of conflict of interest standards for senior staff. He would like to bring this back for discussion. The Board agreed to bring this back to a work session for discussion. Frank Clifton said that there are specific state laws that address staff issues on this topic and he will include these. Commissioner Yuhasz made reference to Section 6, page 8, and the reason to believe and probable cause. He wants to understand when you need to have reason to believe and when there needs to be probable cause. John Roberts said that the language is straight from the School of Government. Commissioner Yuhasz would like to discuss this further. Commissioner Yuhasz made reference to Section 3—e and that it suggests that all of the code of ethics be applied to other statutory boards. He is not sure that all of this needs to apply to these boards. He would not want to narrow the pool of potential applicants for advisory boards as a result of having to disclose things that are not necessarily as crucial in their deliberations. Commissioner Nelson said that this exact concern caused many people to resign from state boards and commissions, but it is important that the Planning Board and the Board of Adjustment hold these ethical standards. He said that he supports keeping the language. Chair Foushee agreed with Commissioner Nelson. Frank Clifton suggested having these standards apply to all statutory boards. Commissioner Pelissier said that she would like to see clarified what would happen when someone violated the code of ethics. She has concerns about the word, "investigation." She suggested just having a public hearing because "investigation" has a very different implication. John Roberts said that the SOG model does not address this. His recommendation is that if the Board has reason to believe that one of its members violated part of the code, the investigation could be handled by a designated staff person. Commissioner Pelissier said that she would like the section clarified because she could see this being misconstrued. John Roberts said that "reason to believe" would be the standard for initiating the investigation and "probable cause" would be the finding at the hearing. He suggested the following language for Section 6: "If the majority of the Board has reason to believe that one or more of its members has violated a provision of the ethics code, it may direct the County Attorney or County Manager to open an investigation into the matter and bring the findings to the Board at a public hearing. Commissioner Gordon said that she wanted to see more specificity about the investigation being opened by a majority vote of the County Commissioners at a regular meeting. John Roberts amended his language: "If, by a majority vote of the Board of County Commissioners, the Board has reason to believe that one or more of its members has violated a provision of this code of ethics, it may direct the County Attorney or County Manager at a regular meeting to open an investigation into the matter." Frank Clifton said that most of this is for procedural violations and he has an issue because he takes an oath. He would take his concerns to the District Attorney. John Roberts said to delete the County Manager in this section. Commissioner Jacobs said that he was surprised how unclear the language is in this code and he suggested the following language: "If upon investigation of a violation of this code of ethics, the Board concludes that a violation of a criminal law may have occurred it shall refer the matter to the local District Attorney." The way it reads now, the Board is going to somehow wander into criminal investigation. Commissioner Pelissier said that she would rather it say that the County Attorney advises the Board that it may be a violation of criminal law. John Roberts went through all of the changes in Section 6 so far: - If, by majority vote, the Board has reason to believe that one or more of its members is in violation of this code of ethics, it may direct the County Attorney at a regular meeting of the Board of County Commissioners to initiate an investigation into the matter. - If, upon investigation of a violation this code of ethics, the Board has reason to believe that a violation of a criminal law may have occurred it shall refer the matter to the local District Attorney. The Board agreed to these changes. 8. Reports a. Efland Sewer Rates Report The Board received a report on Efland sewer rates. Craig Benedict recognized Staff Engineer Kevin Lindley, who helped to compile the information. Kevin Lindley made the presentation, covering the following points: History •Original rates in 1989 •Operating cost only •Not a capital reserve fund •Does not pay back the loan from the County to build the system •By 1992, the original rates create less revenue than needed to operate the system •Since 1992, the sewer fund has been increasingly subsidized •Increased costs to operate and maintain •Adding customers creates a larger subsidy •Wastewater treatment costs are more than customer charge •2008 Raftelis Study •BOCC approved a four year schedule of rate increases to eliminate subsidy •The first increase in the four year cycle took effect on July 1, 2009. Raftelis Study— chart in abstract The chart shows that the monthly usage of 6,000 gallons will have a rate of $121.87 by July 2012. He said that this is a healthy increase because it costs this much to maintain the system. At this time, the customers are only paying $45.00 and the County is paying the difference. Frank Clifton said that there are concerns from the users because most are not with a municipality. He said that what they have learned is that Orange County does not need to be in the utility business and when new people tap on to this then they pay a surcharge to the Town of Hillsborough. He said that if the rates are adjusted downward then the subsidies will be increased again. He said that the County needs to develop a sustainable rate structure and open discussions with Mebane and Hillsborough. There are roughly 212 customers being served now, 16 residential units that could be served but are not and 83 vacant parcels where service is available. He said that staff is looking at a rate charged to users that are using the utility and a service availability fee to those who could use it but do not and then a fee on the vacant lots. He does not have the numbers yet, but he is pursuing it. Commissioner Yuhasz asked if the planning policies encourage water and sewer in these areas and Craig Benedict said yes and that they are called urban transition areas. The Efland Fire Department will probably also be pulled into the discussion regarding fire suppression and the big picture in emergency services. Commissioner Jacobs verified that the ultimate system includes Buckhorn Road and Craig Benedict said that for the future sewer system, the EPA grant has a north Buckhorn Road program. It does not include areas south of I-85. It does include the People for Progress. Commissioner Jacobs said that, as part of that, Mebane agreed to waive its availability fees for the people in that area. Commissioner Jacobs asked what the County pays the Town of Hillsborough for water and Craig Benedict said that the County only pays for what it uses at this time. Commissioner Pelissier asked about a rough timeframe for looking at the availability fee. Frank Clifton said that they want to make sure the Board of County Commissioners is open to this approach. He is trying to get verification of this information and have discussions with the Town of Hillsborough before bringing it back to the Board of County Commissioners. PUBLIC COMMENT: Elvira Mebane said that when the County came to them to talk about the problem at Efland Cheeks Elementary School, the community decided to help the County and sign on to the sewer system even though they did not have failing septic systems like the school did. Some of the people are paying the rate but are not hooked onto the system because they wanted to help the community. She said that it was the community understanding that money would be available to hook everyone up to the sewer system, but the money ran out. This is not the community's fault. She said that they thought that the County would try to seek funds to complete the job, but this never happened. She said that the systems continue to fail in Buckhorn and people cannot drink their water. She said that this leaves the community having to pay double rates because the County has failed to find money to complete the job in 1984. She said that the community came together in good faith and now it seems that the community is being penalized. Sam Gharbo distributed a PowerPoint presentation. Orange County Sewer in Efland The impact of the new rate structure and next steps How will the full rate hike impact a customer on the system once the rates are fully implemented? How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone - $55Cable and Internet How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone - $55 Cable and Internet $163 Remains How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone - $55 Cable and Internet $163 Remains How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone - $55 Cable and Internet $163 Remains Cars.com - Used Vehicles within 30 Miles of 27243 Zip $163 What to do? Reliable transportation How will the full rate hike impact a customer on the system once the rates are fully implemented? Monthly budget $1,157 Cash per month - $763 Monthly mortgage - $96 Monthly Electric - $80 Cell Phone - $55 Cable and Internet $163 Remains --------------------------------------- $169 Sewer/water bill - or— $170 Reliable transportation Timeka Purcell said that she lives in Richmond Hills, a low-income Habitat for Humanity community. She said that the community worked for the opportunity to live here and be homeowners. She said that they did not know in eight years that they would be faced with this dilemma. She feels that she is being forced to make a choice between feeding her children and flushing her toilet. She said that she should not be put in this position. She said that this 300% proposed rate hike for her family puts her family in great distress. She asked the County Commissioners to consider the community's proposal. The first proposal is to connect them with the Mebane system. Secondly, they ask for a short-term solution to freeze the rate hike at $63.08. They want to pay their fair share and they consider the state average as being fair. Also, they ask that the capital reserve fee of $13 be removed. Only the Richmond Hills subdivision pays this and this is unfair. Lastly, they ask that the community could be able to come to the table and be part of the decision-making process about this. Bonnie Hauser spoke on behalf of Orange County Voice. She said that they support the Efland community and Justice United and hope the Board will act quickly to go ahead with the 2010 rate increase and freeze the rate there. This gives the County time to pursue other options, including growing the customer base and possibly integrating with Mebane. The proposed rate for 2010 is reasonable and comparable to other rates in Orange County and in the state of North Carolina. She asked the County Commissioners to adopt the proposal from Justice United. Chair Foushee asked Frank Clifton about the capital reserve fee and Kevin Lindley explained this. It is a perpetual maintenance fee. Frank Clifton asked if the Board of County Commissioners wanted the option to pursue a fee for the vacant parcels. Commissioner Jacobs said that he would like to see what OWASA, Hillsborough, and Mebane do for assessing availability fees to undeveloped lots. He would also like to recognize the residents' ability to pay and to include an option. He is interested in talking about the issue of the $13 fee. He said that the County Commissioners really do not want to be in the utility business or in the development business. He would like to think more clearly about the attitude toward how this system should look if it were structured to address serving development in the areas that are approved in the land use plan for residential and commercial development. Frank Clifton said that the County has an obligation to move away from subsidies from the general fund and must look at this in a more comprehensive manner as far as development is concerned. Chair Foushee asked when the additional information would be available and Frank Clifton said that there should be a recommendation when the Board comes back from summer break. Commissioner Yuhasz said that he would like to make sure the public knows what is going to be done. A motion was made by Commissioner Yuhasz, seconded by Commissioner Pelissier to direct the Manager to study the possibility of implementing an availability fee and other opportunities for enhancing revenue within the Efland Sewer System and report back to the Board sometime after the summer break. This incorporates comments from Commissioner Jacobs and Commissioner Gordon. VOTE: UNANIMOUS Craig Benedict said that staff is preparing for the next phase of the Efland Sewer System and are working with the Attorney's office regarding easements and agreements. There will probably be outreach to let future customers know what is going on. 9. County Manaqer's Report Frank Clifton said that there are plans to hold an event this weekend in northeastern Orange County. It is associated with motorcycles. Because it is being sponsored by a non- profit, there are certain provisions under law. The County staff is aware of it and different departments are involved. When the event is over, there will be a staff analysis to look at how this might be addressed in the future regarding a permitting process. Commissioner Jacobs asked about notifying the neighbors and Frank Clifton said that a code red announcement went out today. Commissioner Jacobs said that the Manager's email today said that some departments got notice of this but did not communicate it to other necessary departments. Frank Clifton said that he is looking into this. Also, this non-profit was issued an ABC permit and he does not know how this happened. The Attorney is looking into this. Frank Clifton said that the Board of County Commissioners had assigned two Board of County Commissioners representatives (Commissioners Jacobs and Nelson) and him to talk with the Town of Chapel Hill about the library issue, and this meeting was held. There will be a report at a later time. 10. County Attorney's Report John Roberts said that the Board of County Commissioners was approached by residents from the Carrboro Extraterritorial Jurisdiction to ask the County Commissioners to take regulatory control over their farms from the Town of Carrboro for various reasons, including that they do not feel they are being treated fairly by the Town. At the Board's request, he looked into the legal aspect as to whether the Board could even take that kind of action. The short answer is that the County cannot do this. The only available alternative is to ask Carrboro to relinquish that control voluntarily. He sent the Town a letter asking for a statement of opinion on this issue. The reply was, "thank you, but no thank you." He said that the County Commissioners do not have the legal authority or ability to comply with this request. Commissioner Yuhasz said that one of the things outstanding is a request by the Town of Carrboro to fill an ETJ position on the Planning Board. Clerk to the Board Donna Baker said that there have been three separate PSA's and there have been no applicants. Commissioner Yuhasz said that this might be an opportunity for some of the people from the ETJ that have some concerns to apply to be a member of the Planning Board. Donna Baker said that she has a list of people that showed up that night to speak about this and she could contact them. Commissioner Yuhasz asked the Clerk to do this. 11. Appointments -NONE 12. Board Comments Commissioner Nelson said that he and Commissioner Jacobs met with two Chapel Hill Town Council members along with the Managers to discuss the Chapel Hill Library. He read bullet points from the meeting: • Discussion of funding the library $500,000, which Chapel Hill rejected • Chapel Hill floated two options — one was for $1.2 million of County funding and the other was $700,000 additional funding (besides the current $250,000) • Discussion of phasing funding in over a number of years (Chapel Hill agreed) • Chapel Hill wants an answer from the County by May 24th — if not, then Chapel Hill will impose a fee on out-of-town library users Commissioner Jacobs said that the County representatives tried to point out repeatedly that they did not want to spend more on the Chapel Hill Library than on the Orange County Library system, and they made the argument that they would increase Orange County Library funding by a similar amount. This is even more problematic because of the budget situation. He said that Chapel Hill was very specific that they needed to know by this deadline of May 24th. This is impossible, since the Board will not even hear the Manager's recommendation until May 1 gtn Frank Clifton said that there is some logic to support Chapel Hill Library at some level. He said that the budget recommendation is to keep funding as it is now because there is no money. He said that he has a problem with the concept of the County paying the Town of Chapel Hill more to support its library than it spends on the rest of its library system. John Roberts said that there is a state statute that mandates that if a municipal library system receives funds from the County, then that county's citizens should have free basic services at that library. He thinks that if the Town is going to start charging the County's citizens for use of the library, then the County should withdraw all funding. Commissioner Yuhasz asked if there was any discussion about the County's participation in the governance of the Chapel Hill Library being commensurate with the percentage of funding. Commissioner Jacobs said that it was pointed out that the County has representatives on boards that deal with other governments to whom they issue no instructions and from whom they receive no reports. There was no discussion about this. Commissioner Yuhasz said that he believes that when the first contribution to the Chapel Hill Library was made, the Orange County Library's system consisted of one small library in Hillsborough. Since that time, the County library system has expanded substantially. He thinks it is not reasonable that the County should be supporting the Chapel Hill Library at the same proportional level as it did initially. Commissioner Gordon asked for clarification on what was involved in the discussions. She asked if Chapel Hill would get more funding because 40% of the users are outside of Chapel Hill. She asked for more details concerning the reported discussion about the library locating into the Skills Development Center (SDC). If the library were to locate there, where would the current functions of the SDC go? There are a lot of issues. Frank Clifton said that when Commissioner Jacobs brought this issue up about the Skills Development Center for a future southwest library the idea was to relocate what is there now. Commissioner Jacobs said that he brought this up as an illustration that this may impact the usage by Carrboro residents of the Chapel Hill Library. The formula should reflect this change. He said that Orange County owns this site, it is on the line of the two towns, it is on public transportation, and it is walkable. It is much more desirable than the McDougle branch. Frank Clifton said that the reality is that the Town of Chapel Hill wants a commitment of somewhere between $700,000 and $1 million a year to subsidize operational costs for the expansion of the library. Commissioner Jacobs said that for the County's library plan, this could be an option and could have an impact on what the County pays Chapel Hill. He said that he and Commissioner Nelson brought up the issue of interoperability. Commissioner Gordon said that if the SDC building were vacant, it would make more sense, but the County has the Skills Development Center there now. If the solution is to move the SDC services to Hillsborough, then she wonders what kind of services will be offered for Chapel Hill and Carrboro. Also, if the County wants to conduct a search for a site for the Southwest Orange Library, then there should be a clear set of criteria for the search. Commissioner Nelson said that institutions get in trouble when there are no clear sets of criteria. He said that Commissioner Gordon is right about the Skills Development Center. It is at its current location for a reason. He said that the County Commissioners are not in a position to respond by May 24tn Chair Foushee said that if a decision has to be made by May 24th, then the only answer is no. Commissioner Jacobs said that both he and Commissioner Nelson made a proposal to phase in funding over four or five years, but it would be hard to make that decision before the 24th. Chair Foushee said that one proposal could be to determine whether they want to move forward with one of those proposals and Chapel Hill can either accept or reject. That would at least be an answer. Commissioner Yuhasz said that he would need clarification on those options. Commissioner Nelson said that there would have to be an agenda item. Commissioner Jacobs said to bring this back on May 1 gtn Chair Foushee said that she does not see how they could include this item on the 1 gtn because of the substantial discussion of the budget and the other reports that will be on this agenda. Commissioner Gordon said that there should be an agenda item for this issue. Commissioner Nelson said that the Chair needs to send a letter to Chapel Hill that there has been a report from the two representatives, the concerns have been stated, and the County Commissioners cannot meet the May 24th deadline, so it has been put on the agenda for June 1St. The letter can also ask that the Town Council understand that the County Commissioners are working on this and are open to further discussions. The Board agreed. Commissioner Gordon said that Triangle Transit has been asked by the City of Durham to assume some responsibility for operations of their transit system, DATA, and this is proceeding. There was a public hearing at the Triangle Transit meeting to get public input about schedule changes. Commissioner Gordon said that she asked the Triangle Transit staff to look into the possibilities for selling tickets for Triangle Transit services in Orange County. Commissioner Yuhasz said that, as liaison for the Solid Waste Advisory Board, he received a resolution that was adopted at the last meeting. He forgot to bring this resolution, but he will send a copy of this to the Clerk for distribution. Commissioner Pelissier said that several of the County Commissioners went to the bio- solids forum last week. She was pleased to see how many County staff were there. She said that many questions remain. Tom Konsler has agreed to facilitate a tour for the County Commissioners of bio-solids application. Commissioner Pelissier said that at the last Orange/Chatham Planning work group meeting, they talked about transportation plans. This will be the major topic for the next meeting or two. Commissioner Jacobs asked that, if this is going to be the regular meeting room, there be an American flag and a North Carolina flag in the room. Commissioner Jacobs said that he would like for the Board to honor Joe Thompson, who was named North Carolina Farmer of the Year and is from Orange County. Commissioner Jacobs said that there was another environmental violation at the UNC Research facility and he would like the staff to report back about this on an agenda item so that the public can hear the reports and comment. Commissioner Jacobs thanked Lori Taft for the update on Fairview Park to the residents there. The park is proceeding on schedule and should be done by the end of August. Commissioner Jacobs congratulated Sheriff Pendergrass for winning the election for Sheriff.. He also congratulated Debbie Piscitelli, Donna Coffey, Anne Medenblick, and Brenda Stephens for being elected to the school board and Earl McKee for winning the Board of County Commissioners election. He also thanked the Democratic voters for expressing their confidence in his service and for giving him the opportunity to continue to serve. Chair Foushee - none 13. Information Items • Central Efland and Northern Buckhorn Sewer Expansion Project Update • Utility Discussions with the Cities of Mebane and Durham • Follow up Regarding Smith Level Road Task Force Recommendations • April 20, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve going into closed session at 10:19 p.m. for the purposes of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." VOTE: UNANIMOUS Approval of Minutes from Previous Closed Sessions: A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to reconvene into regular session at 11:20 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to adjourn the meeting at 11:20 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board