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Home My WebLink AboutMinutes 05-17-2011 APPROVED 8/23/2011 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING May 17, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 17, 2011 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager Gwen Harvey, Interim Assistant County Manager Michael Talbert 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 The Chair went over the additional items at the County Commissioners' places. - Blue sheet for item 4-a — Presentation of Manager's Recommended Fiscal Year 2011-12 Annual Operating Budget and 2011-16 Capital Investment Plan. - Yellow sheet— revised page 3 for item 8-a — Solid Waste-Rogers Road Community and memo from Clerk to the Board Donna Baker and a memo from Orange County Voice. - Map for item 8-d — Orange County Comprehensive Transportation Plan Deficiency Analysis - Memo from Karen Lincoln about the proposed circulator route A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to add another closed session item to the agenda: "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee, N.C.G.S. §143-318.11(a)(6); and to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body §143-318.11(a)(3). VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda NONE b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members NONE 4. Proclamations/ Resolutions/ Special Presentations a. Presentation of Manaqer's Recommended Fiscal Year 2011-12 Annual Operatinq Budqet and 2011-16 Capital Investment Plan The Board received the Manager's Recommended FY 2011-12 Annual Operating budget and 2011-12 Capital Investment Plan. Financial Services Director Clarence Grier presented this item. County Manager's Recommended FY2011-12 Annual Operating Budget and Capital Investment Plan Presentation Southern Human Services Center, Chapel Hill Orange County, NC May 17, 2011 Recommended General Fund Budget •Totals $177.3 million •Represents an increase of $2.0 million from original current year budget of $175.3 million, which is a 1.1 percent increase from previous year original budget. •Represents a $3.9 million decrease in the current year's amended budget Guiding Principles •Meets Board directives •Balances County's operating budget without a property tax rate increase •Does not provide for a reduction in force •Funds local school districts at the same funding level for current expense, recurring and long range capital Fiscal Year Tax Increase Approved Amended Difference Ending/Ended 2007 Yes $163,473,184 $166,585,727 $3,112,543 2008 Yes $173,625,351 $177,228,766 $3,604,415 2009 Yes $183,005,580 $191,754,758 $8,749,178 2010 No $177,589,039 $185,940,474 $8,351,435 2011 No $175,313,920 $181,143,619 $5,829,699 2012 — Mgr's No $177,279,970 N/A Recommended Difference in 2009-2012 2009-2011 Budget Since Last Tax $ ($5,725,610) $ (10,611,139) Increase/Reval. Proposed Ad Valorem Tax Rate Effective July 1, 2011 •Recommended tax rate of 85.8 cents per$100 of assessed valuation •This rate produces $133 million in property tax revenues for FY2011-12 •Overall Property valuation increased 1.2% •One cent on property tax estimated to generate $1,537,967 General Fund Revenues - Property Taxes — 75.3% - Sales Taxes — 8.6% - Intergovernmental Revenues — 9.0% - Charges for Services, Licenses, and Permits — 5.5% - Investment Earnings, Miscellaneous, Transfers — 1.5% Sales Tax Revenues •Recommended Sales Tax Revenues of $15.3 million is 5.5% higher than the $14.5 million budgeted in 2010-11 •Actual sales tax revenues are down over 47% since the peak of $22.5 million in fiscal 2007-08 •The Medicaid - Sales Tax swap will continue to limit future growth of sales tax revenues •2011-2012 Sales Tax Revenues estimated to grow by 1 to 2 percent next year. Proposed Chapel Hill Carrboro City Schools District Tax Rate Effective July 1, 2011 •Recommended tax rate of 18.84 cents per$100 of assessed valuation •Represents no increase in the property tax rate for the District •Recommended tax rate will generate $18.8 million for the Chapel Hill — Carrboro School District •This represents an additional $1,605 per pupil above the County's allocation •One cent on district tax estimated to generate $987,247 Recommended Funding for Chapel Hill Carrboro City and Orange County Schools •Total General Fund appropriation totals $83.5 million •These funds will fund day-to-day operations, repayment of school related debt, and capital •Appropriation equals 47.1 percent of total General Fund Budget •Reflects $620,954 decrease from current year General Fund appropriation due to a decrease in debt service. •Equates to $3,102 per student for each of the 19,141 students in both districts for day-to-day operating funds Additional Funding for Local Schools .In addition to the $83.5 million for operations, debt and capital, recommended budget allocates $1.8 million to fund non-mandated safety net initiatives for both school districts. Some of these initiatives are: .School Health Nurses - $634,332, an increase of $23,603 .School Resource Officers - $529,410, a decrease of $1,845. .School Social Workers - $642,374, the same funding as the current fiscal year .With these additional non-mandated funding initiatives, the total funding for the local school districts total 48.1% of the General Fund Budget Funded County Initiatives •Maintains all County services at current levels •Fund increases in medical insurance, retirement and 401(k)/457 for non-sworn employees •Increases positions for EMS Communicators and EMTs •Replaces two ambulances •Provides the Sherriff with one transport vehicle and 4 additional patrol vehicles •Recommends the purchase of a Bookmobile to service rural Orange County ■Funds Non Profits at a reduced level from FY2010-11 ■Provides the issuance of $2,152,000 in debt to fund County recurring and long range (pay- as-you go) capital General Fund Expenses - Education — 37% - Debt Service-Education — 10% - Debt Service-County—6% - Transfers —2% - Governing and Management— 8% - General Services —4% - Human Services — 18% - Community and Environment— 3% - Culture and Recreation — 1% - Public Safety— 11% Solid Waste Initiatives .A new annual sanitation household fee to fund additional operating hours at the solid waste convenience centers and related improvements. The fee would provide approximately $320,000 in FY 2011-12 to fund the extended hours and improvements. .A new $5 surcharge on the tipping fees and an appropriation of fund balance from the Solid Waste Enterprise Fund to establish a reserve to fund future remediation costs and improvements for the Rogers Road Community. Total revenues generated would be approximately $240,000 for FY2011-12 .An appropriation of fund balance of $750,000 would used to establish the reserve. Additional Funding Options •Article 46 '/4 Cent Sales Tax •Appropriated Fund Balance, if necessary County Capital Investment Plan Recommended Projects Information Technology $500,000 Affordable Housing $170,000 Register of Deeds $150,000 Roofing Projects $ 55,000 HVAC Geothermal — Link Government Services Center $618,000 Southwest Branch Library $650,000 Southern Human Services Center $280,000 Building Improvements — 112 N. Churton Street $152,000 Building Improvements — 129 King Street $145,000 Lake Orange Capital Maintenance $112,000 New Hope Preserve/Hollow Rock Access Area $ 25,000 Total Capital Investment Projects $2,857,000 Concerns and Issues for FY2012-13 •Health Insurance •Retirement contribution rate increases •Debt Service •County Capital Projects •School Capital Projects •Economic Development •Revaluation •State or Federal Budget Issues •Inflation •Economy Public Hearings and Work Sessions (All Meetings Begin at 7:00 p.m.) Public Hearings — May 19th at Department of Social Services, 113 Mayo Street, Hillsborough May 24th at Southern Human Services Center, Homestead Road, Chapel Hill Work Sessions — May 26th at Southern Human Services Center, Homestead Road, Chapel Hill June 9th at SHSC Work Session/Adoption —June 14th at SHSC Final Adoption –June 21St at SHSC Document Availability •Clerk to Board of Commissioners •County Financial Services Office •Orange County Library •Chapel Hill Public Library •Carrboro/McDougle Branch Library •Cybrary, Carrboro •Orange County Website •www.co.orange.nc.us Frank Clifton said that the County is operating on $6 million less than it did three years ago and the budget is focused on the Board of County Commissioners' priorities—schools, increased paramedics, economic development, and building a positive financial basis and stable fund balance. The fund balance continues to rise and the goal is to get it to 17%. Some issues left out of this presentation are that there is no proposed tax increase and no employee compensation adjustment other than consideration of a %2% increase in the retirement expense, and somewhere between a 2-4% increase in health benefits. Frank Clifton cautioned the Board that the County most likely will be facing a tax increase in coming years due to projects like the Efland sewer project that will require proceeding forward to start paying the debt. He said that human services will be affected unless there are additional revenues in the coming years. He said that the County is now at 859 budgeted staff positions. There are about 40-50 positions vacant. The policy is to keep positions vacant for six months except public safety and law enforcement and a few critical positions. This savings is $2,000,000 annually. Frank Clifton said that the '/4-cent sales tax referendum in the fall will help fund economic development if it passes. If it does not pass, the Board of County Commissioners will need to make some tough decisions. Clarence Grier thanked the budget staff for their dedicated work on the budget. He introduced a new staff person, Budget Analyst, Lisa Henty. b. Proclamation Desiqnatinq June 4, 2011 as South Oranqe Rescue Squad � The Board considered approving a proclamation recognizing South Orange Rescue Squad's 40th Anniversary and designating June 4, 2011 as South Orange Rescue Squad Day in Orange County and authorizing the Chair to sign. Matthew Mauzy, Chief of SORS, read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the proclamation recognizing South Orange Rescue Squad's 40th Anniversary and designating June 4, 2011 as South Orange Rescue Squad Day in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION South Orange Rescue Squad Day—June 4, 2011 WHEREAS, emergency medical services (EMS) is a vital public service; and WHEREAS, technical rescue is a vital public service; and WHEREAS, South Orange Rescue Squad is made up of volunteers who provide these vital public services to the residents of Orange County with no compensation to themselves; and WHEREAS, before the founding of South Orange Rescue Squad, transportation from southern Orange County to a hospital was provided by the Chapel Hill Funeral Home; and WHEREAS, members of the Carrboro Fire Department and residents of Carrboro and Chapel Hill joined together to form the South Orange Rescue Squad in 1971; and WHEREAS, the Orange County Rescue Squad located in Hillsborough donated the first ambulance to the South Orange Rescue Squad in 1971; and WHEREAS, the land for South Orange Rescue Squad's building was donated by Edward Yaggy and the bricks for the building came from Mr. Yaggy's mill on the adjacent property; and WHEREAS, the people of Chapel Hill and Carrboro donated the money to build South Orange Rescue Squad's station which was completed in 1974; and WHEREAS, the volunteers of South Orange Rescue Squad have been serving the Orange County public and the University of North Carolina at Chapel Hill by providing EMS since the first week of June 1971; and WHEREAS, the volunteers of South Orange Rescue Squad began providing rescue services to the residents of Orange County and surrounding areas in 1991 and technical rescue services in 1992; and WHEREAS, South Orange Rescue Squad has trained more than one thousand volunteers over the past 40 years, many of whom have dedicated their careers to public safety and providing medical care to the residents of North Carolina; and WHEREAS, since 1971 the volunteers of South Orange Rescue Squad have engaged in countless hours of specialized training and continuing education to enhance their life-saving skills; and WHEREAS, it is appropriate to recognize and appreciate the value and accomplishments of the 40 years of service of South Orange Rescue Squad; NOW THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby proclaim June 4, 2011 as South Orange Rescue Squad Day in recognition of the Squad's 40th anniversary of service to the Orange County community. This the 17th day of May 2011. c. Proclamation Honorinq Dr. Rosemary Summers The Board considered approving a proclamation proposed by the Orange County Board of Health honoring Dr. Rosemary Summers as she concludes service as Orange County Health Director and proclaiming June 1, 2011 as "Rosemary Summers Day" in Orange County and authorizing the Chair to sign. Chris Harlan, member of the Board of Health, read the proclamation. She also read some comments about Rosemary Summers. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to approve the proclamation proposed by the Orange County Board of Health honoring Dr. Rosemary Summers as she concludes service as Orange County Health Director and proclaiming June 1, 2011 as "Rosemary Summers Day" in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Rosemary Summers said that it had been her privilege to be the Health Director for Orange County and she thanked the Board of County Commissioners, the Board of Health, and her staff who have taught her well. She said that Orange County is blessed with people that are experts in public health. PROCLAMATION HONORING DR. ROSEMARY SUMMERS WHEREAS, Dr. Rosemary Summers has admirably served the Orange County Health Department as Health Director for thirteen years and prior to that as Interim Health Director; and WHEREAS, Dr. Summers's dedication and commitment to the health of Orange County was recognized by the awarding of Outstanding Health Director of the Year from the NC Association of County Commissioners and the Health Director of the Year from the NC Association of Local Health Directors in 2003; and WHEREAS, Dr. Summers has protected the health of the community through control of communicable diseases such as Norovirus, Hepatitis A, Rubella, Pertussis, H1N1 Influenza and SARS, and through enactment of environmental protection rules such as Smoking Control Rules and Well Rules; and WHEREAS, during Dr. Rosemary Summers's tenure, she led the Orange County Health Department in becoming an accredited health department (2008-2012), managed multi-site health and dental clinics, and oversaw two renovations of the Whitted Human Services Building; and WHEREAS, Dr. Summers built strong partnerships with universities, health providers, independent agencies, and individuals to improve the health and safety of the county using innovative approaches; and WHEREAS, Dr. Summers's experience and expertise made her a frequent choice for many county and state level leadership positions over the years including President of the NC Association of Local Health Directors, Lecturer at the UNC School of Government and UNC Gillings School of Global Public Health, Governor's Task Force on Healthy Carolinians, and member of the NC Local Health Department Accreditation Board, Orange County Partnership for Young Children, and the Orange County Human Services Advisory Commission; and WHEREAS, Dr. Rosemary Summers has been a strong advocate for the health of all Orange County residents; and has not only made an impact on Orange County, but also on the entire North Carolina public health community for over 30 years; and WHEREAS, Dr. Summers's extensive skills, experience, and dedication to public health and commitment to excellence have impacted the lives of Orange County residents, Health Department staff, Board of Health members, county officials, and colleagues, and her leadership and innovative management skills have been an outstanding example of service that benefits the community well beyond the Health Department; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim Wednesday, June 1, 2011 as ROSEMARY SUMMERS DAY in Orange County and urge the public to join us in honoring Dr. Rosemary Summers and her many contributions as a public health leader and director of the Orange County Health Department. This is the 17th day of May, 2011. 5. Consent Aqenda A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from March 24 and April 5, 2011 as submitted by the Clerk to the Board. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 23 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Property Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to nineteen (19) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. e. Aqreement Renewal with UNC Family Medicine and Health Department for Physician Services The Board renewed an agreement with UNC Family Medicine and Health Department for Physician Services pending approval of the FY 2011-12 budget and authorized the Chair to sign. f. Special Fee for Select Cat Adoptions durinq Adopt a Shelter Cat Month (June) The Board authorized a special adoption fee of $50 for select cats and kittens during Adopt a Shelter Cat month —June 2011. g_ Aqreement Renewal with Town of Chapel Hill for County Provision of Animal Control and Emerqency Animal After-Hours Call Services and Collection of Pet License Fees The Board approved an agreement renewal that 1) provides the Town of Chapel Hill with animal control and emergency after-hours animal services during FY2011-12; and 2) addresses the collection of pet license fees for Chapel Hill residents and authorized the Chair to sign, subject to final approval of the County's FY 2011-12 budget. h. Aqreement Renewal with Town of Hillsborouqh for Animal Control and Emerqency Animal After-Hours Call Services The Board approved an agreement renewal to provide the Town of Hillsborough with animal control and emergency animal after-hours call services for FY 2011-12 for a set fee of $38,148 and authorized the Chair to sign, subject to final approval of the County's FY 2011-12 budget. i. Aqreement Renewal with Town of Carrboro for County Provision of Emerqency Animal After-Hours Call Services and Collection of Pet License Fees The Board approved an agreement renewal that 1) provides the Town of Carrboro with emergency after-hours animal services during FY 2011-2012 and 2) addresses the collection of license fees for Carrboro residents in the amount of $6,000 and authorized the Chair to sign, subject to final approval of the County's FY 2011-12 budget. i Aqreement Renewal with City of Durham for Animal Control Services for the Portion of the City in Oranqe County The Board approved an agreement renewal for FY 2011-12 between the County and the City of Durham to provide Animal control Services for the very small portion of the City located within Orange County in the amount of $500 and authorized the Chair to sign, subject to final approval of the County's FY 2011-12 budget. k. Renewal of Contracts with In-Home Aide Providers to Provide In-Home Aide Services to Eliqible Adults The Board approved continuing the contracts to provide In-Home Aide Services with Arcadia Health Services, Inc., Personalized Patient Home Assistance, Inc., CNC Access, Inc., Flaircare, Inc., and TAMM, LLC for eligible adults using a joint contract between the Department of Social Services and the Department on Aging and the Contractor and authorized the Chair to sign contingent upon approval of the Orange County FY 2011-12 budget. I. Renewal of Contract with Northen Blue, L.L.P. for DSS Leqal Services The Board accepted the Social Services Board recommendation and approved the contract renewal for legal representation with Northern Blue, L. L. P. for FY 2011-12 and authorized the Chair to sign the contract contingent upon approval of the Orange County FY 2011-12 budget. m. Renewal of Aqreement for Social Work Services Between Oranqe County Schools and Oranqe County Department of Social Services The Board accepted the recommendation of the Social Services Board and renewed the agreement for eight permanent full-time social worker positions and supervision to be funded through the agreement and authorized the Chair to sign the agreement contingent upon the continuation of federal and agreement funding and approval of the Orange County FY 2011-12 budget. n. Fox Hill Farm Central —Amendment to the Resolution of Approval This item was removed and placed at the end of the consent agenda for separate consideration. o. County Attorney Employment Aqreement Amendment The Board approved the amendment to the Employment Agreement governing the terms and conditions of the County Attorney's employment. � Link Government Services Center Geothermal HVAC Analysis/Cost Estimate The Board considered the analysis and related schematic probable cost estimate for the installation of geothermal wells and related HVAC equipment of the Ling Government Services Center and authorized staff to proceed with formal Construction Document preparation and bidding of the project. � Fiscal Year 2010-11 Budqet Amendment #10 The Board approved budget and capital project ordinance amendments for fiscal year 2010-11 for Orange Public Transportation, Department of Social Services, Visitor's Bureau Fund, and Emergency Services. r. 911 Computer Aided Dispatch Enhancement and Approval of Budqet Amendment #10-A The Board approved the addition of Automatic Vehicle Location (AVL) and mapping capabilities to ten (10) emergency response vehicles to enhance the current 911 Emergency Communications Center dispatch system, and approved Budget Amendment #10-A appropriating $55,042 of fund balance in the Emergency Telephone System Fund for this purpose. s. Hyconeechee Reqional Library Contract Renewal and Aqreement Renewal of Term for Professional Services of Hyconeechee Reqional Library Svstem Director The Board approved and authorized the Chair to sign the annual contract establishing the operational and financial responsibility for coordinating library services between Orange, Person, and Caswell Counties; and the renewal of terms of the Agreement between Hyconneechee Regional Library system and Orange County to provide professional services for a HRLS Director for a one year period ending June 30, 2012. t. Dissolution of the Hyconeechee Reqional Library Svstem The Board approved the Hyconneechee Regional Library System Dissolution Plan and authorized the Chair to sign. u. OPC Area Proqram — Partnership Proposed with Piedmont Behavioral Health LME (Medicaid Waiver Expansion) This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Items Removed From Consent Aqenda n. Fox Hill Farm Central —Amendment to the Resolution of Approval The Board considered a revision to the Resolution of Approval dated December 11, 20111 for the Fox Hill Farm Central Preliminary Plat to address on-site environmental remediation issues. Commissioner Yuhasz asked that he be excused from deliberations or voting because he has had involvement with the applicant. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to excuse Commissioner Yuhasz. VOTE: ALL (6) Commissioner Yuhasz excused Planning Director Craig Benedict made reference to the resolution on page 3, Attachment 1, and said that, after review of section f-4, there was something that was double counted. The 2.29-acre area that is mentioned should be 1.67 acres. There are two places that this is mentioned in this section. He asked the Board to amend this to the proper numbers. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve the reduction of Lot 167 of Fox Hill Farm Central, Phase 4 from 4.80 acres to 4.18 acres; approve the "Revision to the Resolution of Approval", which is incorporated by reference, in order to address on-site environmental remediation issues; and to approve the amendment as stated above by Craig Benedict. VOTE: ALL (Commissioner Yuhasz excused) u. OPC Area Proqram — Partnership Proposed with Piedmont Behavioral Health LME (Medicaid Waiver Expansion) The Board considered authorizing the Orange-Person-Chatham Local Management Entity to undertake formal merger and negotiation with Piedmont Behavioral Health according to State policies and statutes regarding 1915 (b) (c) Medicaid waiver expansion. Commissioner Jacobs said that he pulled this because he did not think it belonged on the consent agenda. This is a major change in how OPC is going to be configured. He did not want to let the opportunity go by without a comment. He thanked the members of the OPC Board, staff, and past and present County Commissioners that have worked on this. He also thanked Representative Insko, who tried to improve the State's mental health system. Instead, there has been a disaster that has gotten worse over time because it reduced services to the people that it was supposed to serve. He said that this is not necessarily something that Orange County would have chosen had it had an alternative. This is the best alternative in a bad situation. He wants to be clear that the Orange County Commissioners have not been supportive of what has happened to the mental health system. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger to approve authorizing the Orange-Person-Chatham Local Management Entity to undertake formal merger and negotiation with Piedmont Behavioral Health according to State policies and statutes regarding 1915 (b) (c) Medicaid waiver expansion. VOTE: UNANIMOUS 7. Public Hearinqs a. Unified Development Ordinance (UDO) Text Amendment Petition The Board received the Planning Board recommendations on a text amendment petition submitted by Mr. Ben Lloyd amending the Table of Permitted Uses to allow the Motor Vehicle Sales & Rental (New and Used) use category within the Neighborhood Commercial (NC-2) general use zoning district as a permitted use. Michael Harvey said that this was submitted by Ben Lloyd to amend the Table of Permitted Uses to allow motor vehicle sales and rentals as a permitted use. This item was presented at the February Quarterly Public Hearing where the County Commissioners and the applicant suggested several amendments from the original petition that would limit this land use category from being developed only within certain commercial industrial and transition nodes. The Planning Board reviewed this item at its April 6th regular meeting and voted unanimously to recommend approval. Commissioner McKee said that there was a discrepancy in the documents on the number of vehicles that would be allowed. He thought that the number was 12 and the abstract says 11. Michael Harvey said that the original application was for no more than 12, but it was reduced to 11 by the Planning Board. Commissioner Gordon asked about the concern of the staff. Michael Harvey said that the concern was that this is a countywide change. The use would be allowed in specific land use element categories, which are the urban areas as designated on the growth management system along US 70. There was no public comment. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner McKee , seconded by Commissioner Yuhasz to receive the Planning Board recommendation and approve the ordinance amendment for the Table of Permitted Uses to allow the Motor Vehicle Sales & Rental (New and Used) use category within the Neighborhood Commercial (NC-2) general use zoning district as a permitted use, with the change back to 12 vehicles for the limit. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) b. Review and Adoption of the Master Telecommunication Plan (MTP) Map The Board considered adopting the Master Telecommunication Plan Map and a resolution establishing a policy with respect to the development of telecommunication wireless support structures on County property. Craig Benedict showed a map on the screen with the 11 different sites. He said that the sites include county-owned properties, fire department, quasi-public properties, and private citizen properties. He said that when they opened up Orange County for sites, there were a variety of offers and the list was narrowed down. He said that each year they will be adding additional sites to the map at the public hearings. He said that the Board of County Commissioners asked in February for staff to come up with a set of standards and that is in Attachment 3. There was no public comment. Commissioner Jacobs asked to include a notice to the Board of County Commissioners of the schedule of ineetings when there are public meetings that they can attend. He made reference to page 6 and said to include presence of historical, cultural, or archaeological resources in site investigations. He said that this is not included in the document and it should be included. He also asked to add signs to a site that this site is undergoing review for a telecommunications site. Michael Harvey said that there is a requirement that signs be posted at the property where something is being considered. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the Plan as provided in Attachment 1, with the two changes as suggested by Commissioner Jacobs, and the Resolution provided in Attachment 3 outlining the County's position on the process required for the review of projects on County-owned property. VOTE: UNANIMOUS 8. Reqular Aqenda a. Solid Waste — Roqers Road Community The Board considered a plan for the remediation of the impact of the landfill operations on the Rogers Road community and three options for scheduling the closure of the Orange County Landfill. Frank Clifton summarized the abstract, as follows: On April, 5, 2011 the concept of instituting a tipping fee surcharge with the intent of generating funds over the remaining life of the landfill for neighborhood improvements was discussed. Within life remaining in the Orange County Landfill, there is limited time to fund meaningful reserves for remediation. Currently the FY 2011/12 projection of municipal solid waste tonnage is 48,000 tons per year. This means that each dollar on the tipping fee would generate about $48,000 annually. The County Manager recommends a tipping fee surcharge of $5.00 per ton. This recommended increase would generate $240,000 in the first year to be reserved for neighborhood improvements. To immediately fund reserves for neighborhood improvements, an initial contribution of $750,000 is recommended to be appropriated from the Solid Waste Fund Balance. This would bring the reserve for neighborhood improvements balance to $990,000 as of June 30, 2012. Incremental annual increases in the tipping fee surcharge of $2 per ton per year would generate total revenues shown below. Projected Revenues from an increasing Tipping Fee Surcharge Fiscal Year Tipping Annual Revenue Total Revenues Fee Surcharge Fund Balance Appropriation $750,000 $750,000 2011/2012 $5.00 $240,000 $990,000 2012/2013 $7.00 $336,000 $1,326,000 2013/2014 $9.00 $432,000 $1,758,000 2014/2015 $11.00 $528,000 $2,286,000 Option 1 close 1/1/2016 $11.00 $264,000 $2,550,000 FINANCIAL IMPACT: The financial impact of extending landfill capacity could be considerable for Orange County and the Interlocal Agreement partners (as well as other users). The landfill is currently projected to reach capacity about June 30, 2013. Option 1 would generate about $2.5 million of additional funds that could be reserved for closure/post closure costs and delay closure over current projections and permit authority by about 2.5 years. Option 2 would generate about $3.1 million of additional funds that could be reserved for closure/ post closure costs and closure for about 3.5 years. Option 3 would generate about $3.7 million of additional funds that could be used for closure/ post closure costs and delay closure for about 4.5 years. The Landfill tipping fee surcharge could generate $1,800,000 over five years. Combined with the $750,000 initial contribution from the Solid Waste Fund Balance, total revenues of $2,550,000 could be established for the Rogers Road Remediation Reserve Fund. The extension of time provides an opportunity to build reserves from a tipping fee surcharge as outlined in the Background. Additionally, extension of landfill life would delay incurring the additional expenses by all Interlocal Agreement partners related to the hauling of waste to the City of Durham Transfer Station (undetermined but substantial). RECOMMENDATION(S): The Manager recommends that the Board provide guidance to staff with regard to the staff proposal related landfill capacity issues. Provide guidance to staff on a plan for the Remediation of the Historic Rogers Road Community including but not limited to the following elements: 1. Establish a Rogers Road Over-Sight Committee to advise and make recommendations to the Orange County Board of Commissioners. 2. Appoint an eight (8) member Over-Sight Committee as follows; (3) members from the Towns, (3) members from the Rogers Road Community, (1) member from the County, and (1) member from OWASA. 3. Empower the Over-Sight Committee to accomplish the following: a. Define the boundaries of the Rogers Road Community. b. Identify remediation needs in the Rogers Road Community that are related to the operation of the Orange County Landfill since 1972. c. Prioritize needs in the Rogers Road Community that are related to the operation of the Orange County Landfill since 1972 achievable within available funding limits. d. Make recommendations to the Board 4. Beginning July 1, 2011, establish a $5.00 tipping fee surcharge that incrementally increases each fiscal year by a minimum of $2 per ton as long as the landfill is operational to fund a Solid Waste Rogers Road Remediation Reserve Fund. Funds will be maintained in the Solid Waste Fund and used for remediation of the Rogers Road Community as directed by the Board. 5. Effective July 1, 2011, appropriate $750,000 from the Solid Waste Fund Balance to establish a Rogers Road Remediation Reserve Fund. Other Issues/Concerns: 1. Those representing the Rogers Road Community (RENA) and others have made numerous requests and put forth a variety of service demands that may not have any direct or indirect relationship to the landfill or its location. Not all of those requests can be linked to the landfill or the proposed Remediation Reserve Fund (regardless of the merit of those requests otherwise). It is intended as noted above that some thought and acceptance be developed toward a `priority list' of actions for which the Remediation Reserve Fund be specifically dedicated to finance. The legality of some uses proposed by RENA and others could lead to successful challenges that cause delays to implementing important improvements. A clear, concise list of priorities should be a first step to action. Since this area clearly lies within or next to the municipal boundaries of the Towns of Chapel Hill and Carrboro, it would seem reasonable both towns might extend additional resources to address needs not directly/indirectly attributed to the landfill's location. Previous studies suggest that the direct involvement of the municipalities will be essential to success. (Municipal matching funds could be used to meet specific demands). 2. The Board of Commissioners has full authority to close the landfill at `its' option. Extending the landfill's closure date allows the accumulation of financial resources to address some but not all needs within the Rogers Road area. It is suggested the Board of Commissioners clearly declare a closure date to finally resolve the issue of how long the landfill remains open. At least a six-month notice needs to be provided to all users. If desired the landfill could be closed as early as the end of 2011. 3. There may be alternative disposal methods available for solid waste management at some future date. Regardless of technology, those alternative methods will come at a higher cost AND still involve the transport of large volumes of waste to a specific location. This will remain a county-wide issue BUT not solely a county government problem. Legitimate, forthright discussions need to occur involving the disposal of municipal solid waste. Method to be selected, how to fund the associated costs and where to place facilities remain to be addressed. The process should be transparent but focused. NO neighborhood, urban or rural, wants to host such a facility. Addressing those localized concerns will be a difficult and troubling task. 4. Recycling remains a high priority in Orange County. The County has taken the lead role in providing these services county-wide. The County must continue to focus on efficiencies in both the fixed drop-off locations and curbside service elements of this program. Automation and compaction of recyclables will help contain costs BUT those costs will increase. Recycling also includes debris and yard waste services along with demolition waste disposal. Those residing in the Rogers/Eubanks Road area should recognize and understand that Eubanks Road will remain home to the County's demolition debris disposal efforts and solid waste equipment storage and maintenance functions long after the municipal solid waste landfill closure. There are no current plans to relocate that facility or site a new similar facility elsewhere in Orange County for the foreseeable future. 5. Summarizing: Extending the lifespan current municipal solid waste landfill can provide a revenue stream to address some but not all Rogers Road area needs. Determining what needs are addressed is a role for community/government collaboration but the final decision and responsibility for action rests with the Board of Commissioners in conjunction with municipal cooperation. Moving forward will bring some closure to many long standing issues (besides just the landfill). It will not resolve or address all community concerns or desired outcomes. Those goals will require ongoing efforts and commitments among all of those with a vested interested in Orange County's future. PUBLIC COMMENT: Stan Cheran read a prepared statement. "Good evening. I'm Stan Cheren — and tonight I am speaking for RENA/CEER, Orange County Voice, and Justice United. Thank you for opening the door to committed action to mitigate the impact of the landfill and other solid waste operations on the Rogers Road Community. As you know, this has been a long time coming and there have been many false starts along the way. Our organizations are committed to working with you and the county to finally make this right for an important and patient Orange County community. We realize that the County is anxious to get your approval to extend the life of the landfill. However, we hope you will agree that just a little more work is needed for us all to be comfortable that there's a tangible plan in place. Let me recap what's been happening: o RENA has been working with Orange County Voice, Justice United and UNC to draft a mitigation plan that lists the priorities for the community. It's a composite of what's been discussed through the years — and it's limited to actions within the purview of the County. Minister Campbell and David Caldwell will walk you through a draft tonight. Dr. Fikes and Tom Konsler are working with us to update the list of homes that we believe are eligible for water and sewer hookups and OWASA is estimating the costs. Of course we can't speak for OWASA, but we expect that work to be completed in a couple of weeks. We have asked Mr. Dorosin, acting as counsel to the Rogers Road Community, to consider options to assure that the county and the citizens of Orange County can make a binding commitment to the community—that transcends boards and priorities. We are prepared to show you the illegal dumpsites — so that you can develop a cleanup plan, but we are waiting for the county to indemnify the residents. Once all this is done —which should take another month or so —you will have the full picture of what we believe is needed to mitigate the impact of the landfill and solid waste operations on the Rogers Road Community. Now let me ask Dr. Heaney to conclude this overview." Chris Heaney read a prepared statement: "I'm Chris Heaney, a partner of the Rogers-Eubanks Neighborhood Association. I'm also an epidemiologist at the UNC School of Public Health. As you know, I've been working in partnership with the Rogers Road Community since 2007 — and like the others, am encouraged by your Board's commitment to finally make things right for this community. We have reviewed the present County report. And although, we don't meant to be dismissive of the idea of another task force, you know that over the past 39 years, there have been at least 4 task forces, several scientific studies —three of which I've led and been a partner with RENA. I've presented the results of the well and septic system failure analyses that we did with the students of the Engineers Without Borders program at UNC, which led to a partnership with Tom Konsler and Rosemary Summers. I also led an air pollution study with the residents to investigate the relationship between air pollutants specific to releases from landfills and impacts on health and quality of life in this community. Most recently, I was working with the same students at the Engineers Without Borders group to identify these illegal dumping sites that have been known by the residents to exist as a magnet for the solid waste operations in the community. There's also been a Rogers Road history book and a host of other gestures to `study' the environmental, health, and quality of life concerns of residents of the Rogers-Eubanks community. Some improvements have been made — but there's still a long way to go. We were encouraged by your comments on April 5th and we hope that after you've seen what we've prepared with the help of the county, you will agree that we are fairly close to delivering the material that you need to decide how you'd like to handle mitigation for the Rogers Road Community. We appreciate the suggestion of the Solid Waste Department to use reserves and a tipping fee premium to fund $2.5 million dollars for mitigation. However, in your packets you'll see that OWASA is estimating $3.5 million for sewer and that doesn't include the hookups to the homes. If these estimates are close and you add the items that you'll hear tonight, the mitigation could cost $4 to $6 million. It's a lot of money— but as you know it is a debt that we have been accruing for nearly 40 years. Once you have all the documents that we are preparing —you will be better able to discern what's fair and how to fund it. We do have a question —we noticed that the county has estimated the tipping fee premium based on waste volumes of 48,000 tons per year. But the waste volumes provided on page 48 at the end of the report were closer to 37,000 tons per year. If you intend to use tipping fees to fund the plan, might you clarify the volumes? Finally, please appreciate that we believe that it is the wish of the citizens of Orange County— and hopefully you agree —that the mitigation plan be pursued as a necessary "settling of accounts" for over 39 years of waste disposal in the Rogers Road community. We have all been complicit in taking revenues and resources for a landfill at the cost of one community. We are relying on this sitting Board of County Commissioners to make this right for all of us. Thank you." Robert Campbell read a prepared statement: "Good evening. I'm Minister Robert Campbell, a member of RENA/CEER and Justice United. Why are we here tonight? Not just because we opposed a landfill in 1972. Not just because of promises made and promises denied. Nor just because in the 1980's, the county announced an expansion of the landfill. And not just because a landfill is in our backyard. Not just because of failed Landfill Owner's Agreement or failed Neighborhood Working Groups. Not just because of the 14-point enhancement list that was denied by the Assembly of Governments....but because of Injustice! We are here tonight to finally right the wrongs of nearly 40 years. We have given you each a copy of a draft mitigation plan for your review and consideration. It lists the critical actions that our community needs to begin our path to restore the health and dignity of our families and our neighbors. We thank Orange County Voice and Justice United, the UNC School of Public Health, and the UNC Center for Civil Rights for helping us develop this plan —which we believe complies with county policies and jurisdiction. We also thank Dr. Fikes, Mr. Konsler and Dr. Holland from OWASA for helping develop the details that support the plan. So — here's what we believe are the actions needed to mitigate the impact of the landfill and solid waste operations on our community. 1. First and foremost, we ask that the county provide connections to public water and sewer for all the residents of the historic Rogers/Eubanks community. With the hlpe of Dr. Fikes and Mr. Konsler, we are finalizing a list of 100-130 homes that were in the area before the landfill was sited in 1972. Some homes have already received water and four homes have received sewer service. In your packets, there's a report from OWASA, which estimates $3.5 million for sewer. Please note that the costs to connect homes are not included and will be in addition. Our residents will pay the monthly usage fees like every other OWASA customer. As you know from your experience in Efland — some residents may decline to hookup. We believe that a genuine offer from the county that assumes all the costs for water and sewer hookups will be widely embraced by our community. Thank you. David Caldwell of RENA/CEER will continue these remarks. David Caldwell, Project Director and Community Organizer for RENA/CEER, read a prepared statement after making some initial remarks. He said that for the past 25 years, he has been on almost every board and group pertaining to his community. He has shared the plight with all local governments and the only thing that has changed is the faces. The policies, procedures, and agendas have all remained the same. He said that they have been pushed around, ignored, and disrespected and outlasted to the brink of extinction. "Good evening. Continuing on Minister Campbell's remarks: 2. Second, we ask that the county clean up the illegal dumpsites within three quarters of a mile of the perimeter of the landfill — some of the sites are in the headwaters of the Bolin Creek watershed making the cleanup even more urgent. In addition, we ask for aggressive ongoing enforcement of existing dumping ordinances. On April 5th, we told you about 44 illegal sites in our community. We did not study areas north of the landfill. The number could be higher. You may want to ask staff to research this. We appreciate that there are illegal dumpsites all over the county and that our situation will set a difficult precedent. We believe that after you've visited our sites, you'll agree that our situation is different. Since our community is en route to several county landfills and dumps, there's a natural and inevitable concentration of illegal dumping activities — especially when centers are closed or materials are not accepted. We'd like to show you the sites so you can see for yourself. But, we are still waiting for the county to agree to indemnify the residents. 3. Third —we ask for a community and cultural center that honors our community— which has a heritage that dates back to the 1700's. We believe that the community center in Efland is a precedent for what we are seeking. On an interim basis, we ask that you provide annual funding for the RENA community center that we are already running on Edgar Road. 4. Fourth —we ask that institute a program to protect our community from gentrification or predatory developers. There are options available and we ask that you consider overlay zoning, a tax abatement program, or other alternatives. 5. Fifth —we ask that you take action to mitigate the direct impacts of the landfill — particularly odors and vermin. The UNC methane gas collection program will help, but it's only a partial solution and is over a year away. An impervious barrier and vegetation will help. 6. Finally—we ask that you advocate on our behalf with the towns — especially for making this community to be in one unifying municipal or government jurisdiction (instead of 3) and for sidewalks, bike lanes, bus service, and other town services. Thank you." Mark Dorosin is the Managing Attorney at the UNC Center for Civil Rights, which is the legal counsel for RENA. He said that the impacts of the landfill are not limited to environmental impacts. They include the systematic underdevelopment of this community as a result of having a landfill located within its borders. He said that it is encouraging that the County is considering mitigation tonight, but these efforts should be recognized as what they are — long, overdue consideration for past injustices and not as some current quid pro quo for the additional harms that will be related to extending the life of the landfill. This community has been through decades of study commissions, promises made, and promises unfulfilled. Even as recently as 2009, when this Board voted not to put a waste transfer site on Rogers Road also ruled that it would not consider the Rogers-Eubanks neighborhood for any additional solid waste uses. In light of that, the Center for Civil Rights will continue to work with RENA and the County and the County Attorney to ensure that any mitigation plan that is adopted will include specific details regarding timing and funding and will enforce it. The representatives of RENA and himself as their attorney will be available to meet with the County Commissioners and the County Attorney to develop a legal structure. Bonnie Hauser read a prepared statement: "I'm Bonnie Hauser and I am speaking on behalf of the consortium of RENA, Orange County Voice, and Justice United. You've heard a lot tonight— so here's a recap of what we need to do to finish the plan that we are working with the County, OWASA, and UNC to develop: - We will continue to work with Dr. Fikes and OWASA to finalize the list of homes and costs for water and sewer hookups. Please let us know if you'd like us to include someone from the Planning Department on the team. - Once we receive indemnification for the residents, we will tour the county and any of you through the illegal dump sites — so you can decide how to proceed and the county can estimate how much it will cost. - Mr. Dorosin is prepared to meet with your attorneys to determine to options for a binding, written agreement to govern the mitigation plan and funding. In addition to the work that we are doing, we've asked if you could clarify the volume assumptions — if you elect to use a tipping fee premium to fund the mitigation. We've also noted that our work does not consider whether there are illegal dump sites in areas around the landfill that are not in the Rogers Road Community. Our work should be done in a month or less, after which we can provide documentation for your review and input. Once we have your input, we can work with staff and OWASA to finalize a definitive work plan —with tasks, deliverables and responsibilities, as the basis for a written agreement that binds all of us to make it happen. By the way, as you discuss the project and funding, please realize that there are questions about timing of the project and funding. So, in addition to what mitigation actions you intend to support, the community is anxious to hear when the work would begin and how long it will take. It is our hope that the work will begin immediately after the project is approved and be complete before the landfill is closed. Thank you." James Barrett read a prepared statement: "On behalf of Justice United and Orange County Voice, we want to thank the Board for finally taking the steps to make this right. We offer the support and assistance from our organizations to shape the plan and engage the support of the community at large. As you know, based on interviews with over 1,000 people in Orange County, Justice United has taken this on as a priority initiative. We hope that you agree that it is a high priority for the county to finally settle our account with the Rogers Road Community, who has held the burden of our trash for 40 years. It will take all of us — citizens, county staff, and elected officials to make this happen 0 and you have our support. We all thank you." Will Raymond is a citizen in Chapel Hill. He thanked the Board of County Commissioners for taking this issue on. He is concerned about some of the language and it sounds like some sort of backsliding to the other municipalities. He wants to make sure that the County realizes that it is their deal —they took it on and it is their responsibility. Regarding the statement about direct and indirect issues that are not relevant to the landfill, he reminded the Board that part of the principles and provisions of the Rogers Road Small Area Task Force Report that the Town of Chapel Hill put together, it is anticipated that there might some kind of legal obstacles to addressing some of those issues. He thinks that there should be specificity to understand these legal obstacles. He said that the community has determined what is part of the Rogers Road Community and what the boundaries are. He asked the staff to defer to the community about what they consider the boundaries are. Regarding the pump station issue, OWASA is just participating with an agreement that the County has with the municipalities in terms of urban services boundary. The municipalities have agreed not to sprawl. He pointed out that in the recent Corps of Engineer request that UNC is putting forth for Carolina North, on page 45, there is a description of a pump station along Bowman Creek to assist that project. If it is good enough for UNC, it is good enough for this neighborhood. He reiterated what Mark Dorosin put forward, which is that there is a binding framework. He thanked the Board and said that he is optimistic that there will finally be some progress. Frank Clifton clarified that the volumes at the landfill are for the municipal haulers and the extra 48,000 tons includes trash that other people bring to the landfill. Secondly, the purpose of the Oversight Committee is to bring forth a specific set of priorities and recommendations and not to rehash everything that has been done. The purpose of this group is to bring a list of options for the Board of County Commissioners to consider. He said that the County was provided a proposed release with regard to the various illegal dumpsites. The problem is that the County does not have the authority to waive federal and state regulations. There is also a limited ability for the County to waive its own ordinances. Realistically, there has to be some revenue stream to fund these things. He said that the County has the option of raising the tipping fee 10% in any given year. This is where the $5 came from. The other aspect is that there has to be 30 days' notice before this is done. Commissioner McKee asked about Option 1 of extending the life of the landfill and if this is the only option that does not require State approval. Solid Waste Director Gayle Wilson said yes. Another parallel issue is the landfill cap. The design was approved in 1995 and the consultant has said that there is an improved design that would save the County substantial funds. The State would have to approve this. Commissioner Foushee said that initially she is encouraged by what she sees here, but she is also encouraged by the patience of the Rogers Road community and other groups and that staff brought this back so quickly. She is somewhat put off by the creation of an Oversight Committee. She believes that the Board should determine how to provide water and sewer to this community after almost 40 years. She would like to have seen a more definitive document that talked about the timing issue. She thinks that the Board of County Commissioners has the ability, through a work session, to decide on the priorities, the timing, and the funds. She said that she is not interested in trying to determine how to get the partners involved if that is going to be a point that stops the County from moving forward. She does believe that if the Board does what it believes is right to do, that others will do the same. She said that there are many recommendations from the Rogers Road group, but this one is different from what they have had before. She does not want to go back, but she would like to look at the priorities that are being proposed now. Frank Clifton said that, regarding the issue of involvement with their partners, his only issue of involving the towns is that the towns have an obligation to be involved. Commissioner Foushee said that she believes that the Board of County Commissioners can be the Oversight Committee that can bring this forward and if they need other input later on, and then they can invite it at that time. She said that the Board can determine what they can do. She cannot see that they need to stretch this out two or three more years. Commissioner McKee said that he is already on the record as supporting a small extension of the life of the landfill for a short period of time primarily because he thinks Orange County should look after its own trash. When the landfill closes, the County will have to find some other option. He said that this Board has made a conscious decision to move forward with that, so this Board owns that decision and it owns the responsibility to proceed with that decision whether or not the towns are on board. Until the towns are bringing funding and a plan, he does not see any appointees coming from the towns. He is ready to move forward. Commissioner Hemminger agreed with most of the comments and said that she would like to bring this back to a work session with other entities if need be, but the Board needs to move forward and make the decisions. Commissioner Yuhasz said that there was an extended discussion at the SWAB meeting last week and it was clear that a committee was not needed. He said that part of the difficulty is to have common definitions about who is the Rogers Road Community. He supports the idea of a work session to be coordinated with the community efforts. Frank Clifton said that the policy of the Board of County Commissioners is not to take action at a work session. He suggested that the Board direct staff to establish a 30-day notice to the municipalities regarding the pending increases in tipping fees and narrow a process down for key staff inembers that will work with representatives that are involved regarding the issues. Chair Pelissier said that it is clear that the Board is not interested in forming a task force. Commissioner Jacobs made reference to the 40 years and said that he feels much more strongly than others seem to that the towns have an equal moral obligation to the County in remediating these matters. The County took over this responsibility in 2000 and it was a partner in 2000, but this was a landfill that was operated by the Town of Chapel Hill. The community is split by two municipalities that have not provided service. He wants to make a much stronger statement about the moral obligations and that this is a partnership. Secondly, he said that the disposition of the Greene Tract was part of the three-government agreement. There is a conservation easement on the part that the County owns. He would not want to bring that up as part of this. He made reference to the RENA resolution that was included in the agenda on page 2 regarding the alternative methods of waste disposal in order to close the landfill as soon as possible. This is why he asked the Clerk to give the County Commissioners the resolution that they passed in 2009, because they directed staff to start working on this and he does not know if they have done much of anything to start to find alternatives or even to give it a good try other than to have some meeting about some modalities. He said that this is an important issue and it needs to be addressed for this community, but it also needs to be addressed for the entire county as soon as possible. He would like to see staff include some kind of process to seriously consider alternatives for solid waste so that there is a plan. Commissioner Foushee said that she agreed with Commissioner Jacobs, but the municipalities will do whatever they will do. She wants Orange County to determine what it's going to do and move forward. She thinks that the municipalities want to be partners, but she wants to let the Rogers Road Community take the arguments to the municipalities also because that it their fight. Frank Clifton said that when this Board made a decision to move forward in 2009 to negotiate with Durham County relative to the transfer station, County staff created the parameters and they just got a response from the towns within the last 90 days about being included in those negotiations. Ultimately, it will still boil down to a site in Orange County that would be suitable for this process, and this will be the real challenge. Commissioner Hemminger said that this should be broken down into a couple of motions. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve a $5 increase in the tipping fee, move the initial contribution of $750,000 from the Solid Waste Fund Balance into a fund for neighborhood mitigation, have a work session on this item as soon as possible after the break where other members are invited to attend, and direct staff to meet with neighborhood groups and to work on the priority list and bring it back in time for a work session. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve eliminating option #3. VOTE: UNANIMOUS Commissioner Hemminger asked that the Board wait on option #1 or#2 for more information to be brought back at the work session. Chair Pelissier said that it is important for the Rogers Road community to know that the Board is going to address issues and will not wait for the towns. b. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Schedule for May 23, 2011 Joint Quarterly Public Hearinq Items The Board considered approving the process components and schedule for government initiated items to be heard at the May 23, 2011 Quarterly Public Hearing. Craig Benedict said that this item has to do with how the staff will bring forward amendments to the Comprehensive Plan or the Unified Development Ordinance. These goals have been set by the County Commissioners and it gives an idea of the proper sequence of events. Next week, on May 23�d, the staff is bringing forward six amendments and a lot of them are based on the goals of the County Commissioners. This will be a quarterly public hearing and there will be a thorough presentation. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the process components and schedule for government initiated items to be heard at the May 23, 2011 Quarterly Public Hearing. VOTE: UNANIMOUS c. Resolutions Approvinq the Oranqe County Transportation Priority List for the 2014-2020 Transportation Improvement Proqram The Board considered resolutions endorsing priority transportation projects for the 2014-2020 Transportation Improvement Program. Craig Benedict said that each year the County considers endorsing priority transportation projects for the Transportation Improvement Program. This has been discussed at a previous work session and it incorporates the comments made by the County Commissioners. The resolution is shown in Attachment 1 and identifies the priorities. The plan is to accelerate the projects along the I-85 corridor. A RESOLUTION ENDORSING ORANGE COUNTY'S PRIORITY TRANSPORTATION PROJECTS FOR THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION REGIONAL PRIORITY LIST FOR THE 2014— 2020 TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, the North Carolina Board of Transportation, every two years, prepares a Transportation Improvement Program that identifies transportation projects scheduled for State and Federal funding over the next seven years; and WHEREAS, the North Carolina Board of Transportation solicits input for identifying transportation projects of local and regional importance to be included in the FY 2014-2020 Transportation Improvement Program; and WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is charged with the development of the Metropolitan Transportation Improvement Program; and WHEREAS, Orange County is a memberjurisdiction of the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization; and WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and WHEREAS, Orange County strongly encourages the North Carolina Department of Transportation (NCDOT) to design all highway projects, where appropriate, to accommodate bicycle and pedestrian traffic to provide alternative means of transportation that may result in reduced automobile traffic and related air and water impacts; and WHEREAS, Orange County encourages the NCDOT to design all new or replacement bridges with sufficient clearance to allow wildlife to cross safely under them, and to allow pedestrian passage along any existing or planned trail-system connectors; and WHEREAS, Orange County has outlined its transportation needs in an attachment to this resolution; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners the Board endorses the following prioritized list of transportation projects to be considered for the FY 2014-2020 Metropolitan Transportation Improvement Program. 1 TIP Proiect No. EB-4980, SR 1006 (Oranqe Grove Road) at Interstate 40: Construct a pedestrian bridge over I-40; construct sidewalk along the north side of Orange Grove Road from the bridge to Timbers Drive. This project is submitted as a Pedestrian project. 2 TIP Proiect No. R-2825, SR 1009 (South Churton Street) Improvements: Develop congestion management, limited access, aesthetic and capacity improvements including bicycle and pedestrian improvements between US 70 Business and Interstate 40. This project is scheduled for reprioritization as a Highway Mobility project. 3 Hillsborouqh Train Station: Construct Hillsborough train station for passenger rail stop as designated in Hillsborough's Rail Station Small Area Plan. This project is submitted as a Rail Project. 4 Park and Ride Lot in the Buckhorn Economic Development District. This project is submitted as a Transit project. The Draft 2012-2018 MTIP includes a park and ride lot in this area with a transit project for five park and ride lots. 5 US 70 East-Interstate 85 Connector: Modify I-85 Connector interchange at US 70 to provide access from all directions. This project is scheduled for reprioritization as a Highway Mobility project. 6 SR 1009 (Old NC 86) Bicycle Facilities: Construct bicycle facilities on Old NC 86 from Hillsborough Road in Carrboro to I-40 in Hillsborough. This project is submitted as a new Highway Modernization project. 7 SR 1006 (Oranqe Grove Road) Extension: Extend Orange Grove Road from the east side of Churton Street (SR 1009) to US 70 business. This project is scheduled for reprioritization as a Highway Mobility project. 8 Tip Proiect No. U-3436, SR 1148 (Eno Mountain Road) and SR 1192 (Mayo Street) at SR 1006 (Oranqe Grove Road): realign intersection and make safety improvements. This project is scheduled for reprioritization as a Highway Modernization project. 9 U-2805, SR 1777 (Homestead Road) Improvements: Improve Homestead Road from Old NC 86 (SR 1009) to NC 86 to include bicycle lanes and sidewalks in sections of the corridor where those facilities do not exist. This project is scheduled for reprioritization as a Highway Modernization project. 10 SR 1727 (Eubanks Road) bicycle lanes: Construct bicycle lanes on Eubanks Road from Old NC 86 (SR 1009) to NC 86. This project is submitted as a Bicycle project. 11 Dairyland Road bicycle facilities: Construct 4-foot paved shoulders on Dairyland Road (SR 1112, SR 1113, SR 1177) from Union Grove Church Road (SR 1111) to Orange Grove Road (SR 1006). This project is submitted as a new Highway Modernization project. 12 NC 86 (North of Hillsborouqh) Improvements: Widen NC 86 from US 70 bypass to north of NC 57 to four lanes with intersection improvements at US 70 bypass and NC 57. This project is submitted as a new Highway Mobility project. A RESOLUTION ENDORSING ORANGE COUNTY'S PRIORITY TRANSPORTATION PROJECTS FOR THE TRIANGLE AREA RURAL PLANNING ORGANIZATION (TARPO) REGIONAL PRIORITY LIST FOR THE 2014— 2020 TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, the North Carolina Board of Transportation, every two years, prepares a Transportation Improvement Program that identifies transportation projects scheduled for State and Federal funding over the next seven years; and WHEREAS, the North Carolina Board of Transportation solicits input for identifying transportation projects of local and regional importance to be included in the FY 2014-2020 Transportation Improvement Program; and WHEREAS, North Carolina has established Rural Planning Organizations (RPO) to coordinate regional transportation planning in rural areas in cooperation with the North Carolina Department of Transportation; and WHEREAS, Orange County is a member of the Triangle Area Rural Planning Organization charged with developing and prioritizing proposed transportation projects that the RPO believes should be included in the State Transportation Improvement Program; and WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and WHEREAS, Orange County strongly encourages the North Carolina Department of Transportation (NCDOT) to design all highway projects, where appropriate, to accommodate bicycle and pedestrian traffic to provide alternative means of transportation that may result in reduced automobile traffic and related air and water impacts; and WHEREAS, Orange County encourages the NCDOT to design all new or replacement bridges with sufficient clearance to allow wildlife to cross safely under them, and to allow pedestrian passage along any existing or planned trail-system connectors; and WHEREAS, Orange County has outlined transportation needs in an attachment to this resolution; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners the Board endorses the following prioritized list of transportation projects to be considered for inclusion in the FY 2014-2020 Transportation Improvement Program. 1. Dairyland Road/Oranqe Grove Road/Buckhorn Road bicycle facilities: construct 4-ft. paved shoulders along the following route from Carrboro to West Ten Road to provide a connection with proposed routes to Mebane and Elfand. • TIP Project EB-5108: Dairyland Road (SR 1112 - SR 1113 — SR 1177) from Union Grove Church Road to Orange Grove Road (SR 1006); • Orange Grove Road (SR 1006) from Dairyland Road (SR 1177) to Buckhorn Road (SR 1114); and • Buckhorn Road (SR 1114) to West Ten Road (SR 1144). This project is submitted as a new Highway Modernization project. 2. SR 1005 (Old Greensboro Road) bicycle facility: Add 4-ft. paved shoulders on Old Greensboro Road from Carrboro's ETJ to the Orange/Alamance County line. This project is submitted as a new Highway Modernization project. 3. Oranqe Grove Road bicvcle facilities: Construct 4-ft. paved shoulders alonq Oranqe _ Grove Road CSR 1006) from Interstate 40 to Dodson's Crossroads CSR 1102). _ _ This project is submitted as a new Highway Modernization project. 4. Dodson's Crossroad bicvcle facilities: Construct 4-ft. paved shoulders alonq Dodson's _ Crossroads CSR 1102) from Oranqe Grove Road CSR 1006) to Dairvland Road CSR _ 1177). This route would provide bicycle facilities from the Chapel Hill-Carrboro area to connect to a proposed bicycle facility on Orange Grove Road into Hillsborough. This project is submitted as a Bicycle project. ORANGE COUNTY TRANSPORTATION PRIORITY LIST 2014— 2020 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE REGIONAL PRIORITY LIST OF THE TRIANGLE AREA RURAL PLANNING ORGANIZATION 1. Dairvland Road/Oranqe Grove Road/Buckhom Road bicvcle facilities: construct 4-ft. paved shoulders along the following route from Carrboro to West Ten Road to provide a connection with proposed routes to Mebane and Elfand. • TIP Proiect EB-5108: Dairvland Road CSR 1112 - SR 1113 — SR 1177) from Union Grove Church Road to Oranqe Grove Road CSR 1006); • Oranqe Grove Road CSR 1006) from Dairvland Road CSR 1177) to Buckhom Road CSR 1114); and • Buckhom Road CSR 1114) to West Ten Road CSR 1144). This route would extend bicycle facilities proposed in concert with highway improvements on Buckhorn Road Road (SR 1114) to provide a connection through western Orange County from Carrboro to the Buckhorn Road/Interstate 85 Economic Development District and US 70 near Mebane. This route is listed in Orange County's Bicycle Transportation Plan as a secondary priority bicycle route connecting southern Orange County with the western portion of its number 2 primary priority bicycle route on West Ten Road (SR 1148). Project EB-5108 schedules a portion of this route, Dairyland Road from Union Grove Church Road to Orange Grove Road, for a feasibility study. Orange County recommends that the feasibility study also include the segment of Dairyland Road from Union Grove Church Road (SR 1111) to Old NC 86 to connect to proposed bicycle facilities on Old NC 86 along Carrboro's ETJ. 2. SR 1005 (Old Greensboro Road) bicycle facility: Add 4-ft. paved shoulders on Old Greensboro Road from Carrboro's ETJ to the Oranqe/Alamance County line. This route is the number 3 primary priority of the Orange County Bicycle Transportation Plan, and would enhance bicycle transportation between southwestern Orange County and Carrboro/Chapel Hill. This project is a segment of the Mountains to Sea Bicycle Route. 3. Oranqe Grove Road bicvcle facilities: Construct 4-ft. paved shoulders alonq Oranqe Grove Road CSR 1006) from Interstate 40 to Dodson's Crossroads CSR 1102). This route would provide bicycle facilities to the Grady Brown Elementary School and Cedar Ridge High School from the area south of the schools and connect to a proposed bicycle facility on Orange Grove Road into Hillsborough. 4. Dodson's Crossroad bicvcle facilities: Construct 4-ft. paved shoulders alonq Dodson's Crossroads CSR 1102) from Oranqe Grove Road CSR 1006) to Dairvland Road CSR 1177). This route would provide bicycle facilities from the Chapel Hill-Carrboro area to connect to a proposed bicycle facility on Orange Grove Road into Hillsborough. Commissioner Gordon made reference to page 22 and the Highway Modernization Projects. She asked about road-widening and shoulder widths. She said that it looks like, because of the new process of categorization and the request not to include any more than a certain number of projects, that certain projects from the current list were deleted because there was not room after things were reorganized. Karen Lincoln said that this is correct. She took the priority that was assigned the last time it was submitted. A lot of those priorities were bicycle projects and would cost more than $1 million, so would fall under the highway modernization category. The MPO asked that no more than three new highway projects be submitted. Commissioner Gordon verified that the projects that were deleted include 9, 10, and 12 for the MPO and 1 and 5 for TARPO. Commissioner Gordon suggested that for the ones that were removed that they could be resubmitted. Commissioner Jacobs agreed with Commissioner Gordon and he was thinking along the same lines for the project on Buckhorn Road because it is at the economic development district where they are trying to promote some development. It is in the land use plan and long-range plans. He thanked staff and whoever worked on the priority list and added the 1- 40/I-85 connector. Hopefully this can be addressed. Commissioner Jacobs asked about the park and ride lot in the Buckhorn EDD and what kind of coordination there has been with Mebane. Mebane had suggested a site that would serve this part of Orange County. Craig Benedict said that dialogue with Mebane is continuing through Orange Public Transportation about this. They are looking everywhere, including the new Tanger Outlets. There is also contact with Piedmont Area Transit and how their routes come into Orange County. Commissioner Jacobs made reference to page 8, #10 — Eubanks Road bicycle lanes and said that it is Morris Grove Elementary School. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the resolution to submit priority projects to the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization; approve the resolution to submit priority projects to the Triangle Rural Planning Organization; and state that projects removed from the current priority list for MPO and TARPO can be resubmitted (MPO— 9, 10, and 12; and TARPO— 1 and 5). MPO 9-SR 1008 (Mt. Carmel Church Road) bicycle lanes 10-US 70 Bypass Widening 12-NC 86 Bicycle Facilities TARPO 1-SR 1114 Buckhorn Road Widening 5-SR 1004, SR 1357 (Efland-Cedar Grove Road) VOTE: UNANIMOUS d. Oranqe County Comprehensive Transportation Plan Deficiency Analysis The Board considered endorsing assumptions and data projections used for developing the deficiency analysis for highways. Transportation Planner Karen Lincoln introduced this item. She said that the steering committee made up of inembers of the Orange Unified Transportation Board, staff from NCDOT Planning Branch, staff from Triangle Area Rural Planning Organization, Orange County Planning staff, and staff from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization. The OUT Board fully supports the steering committee's work up to this point. Sara Lee from NCDOT made a PowerPoint presentation. Orange County Comprehensive Transportation Plan "Rural Area" NCDOT Transportation Planning Branch Overview - Review: what is a Comprehensive Transportation Plan? - What has been accomplished so far? — Goal: get your input and consensus on the data - What are the next steps? Maps What is a CTP? (Comprehensive Transportation Plan) - Updated process for transportation planning o Orange County Toroughfare Plan, 1990 (not adopted) - Long-range (25-30 year) - Multi-modal - Fiscally unconstrained (no funding or priorities) - Purpose/objectives... o Reduce traffic congestion and improve safety o Identify existing and future problem areas o Generate information decision-makers can use to guide future transportation decisions - Incorporates local interests, community goals, and statewide needs in one common plan - Developed by steering committee with representation from NCDOT, Orange County Planning, OUTBoard, and Triangle Area RPO o Coordination with surrounding MPOs and counties - Adopted/endorsed at 3 levels o County (adoption) o MPO/RPO (endorsement) o State (adoption) - Multi-modal o Highway, Public Transportation, Rail, Bicycle, Pedestrian - Final plan is comprised of... o A map set of recommendations for each mode o A written report for documentation Why Develop a CTP? - It's the law— GS 136-66.2 - Recommendations address future travel demand — not just for vehicles, but for all modes o Ensures that data and projections are in place to support projects o Informs future land use planning and corridor protection - Documentation is customer-friendly and easy to update - A well-informed public o Public workshops are included o Local officials are regularly updated o Plans available on NCDOT website Typical sequence of NCDOT Project Development (graph) CTP Progress (graph) Growth Rate Map - Begins with the roads in the studied network - Gather historical traffic count data o Date back to �1990 o Committee reviews the various growth rates for each road, and decides on a final rate based on local knowledge (usually 1-3% per year) o Final growth rate is used to project the current traffic counts to the horizon year (2035) Capacity Deficiencies Map (Volume/Capacity Map) - Objective: target and analyze the future problem areas (to create solutions on the final plan) - Capacity = how much traffic a road can hold o (based on attributes such as speed limit, lane width, number of lanes, etc.) - Deficiencies = problems areas - Projected traffic is compared to the road's existing capacity o Volume/Capacity Ratio o V/C ratio = 1 when road is AT capacity Street Appendix (table) How is this data used? - Examined and reviewed by committee to ensure it is valid, consistent, and complete - Compared to travel demand model volumes - OUTBoard input - Public input - BOCC input o Get your endorsement of the data Public Participation and Input - Public informational session held in Fall 2009 - Public survey distributed in Fall 2009 o Nearly 500 responses - Public drop-in session held February 7, 2011 o Attended by a number of interested citizens Thank you! Questions? Orange County CTP website: http://www.ncdot.orq/�tpb/planninq/oranqecounty.html Sarah E. Lee Transportation Engineer NCDOT TPB (919)707-0946 selee ncdot.gov Scott Walston Triangle Unit Supervisor NCDOT TPB (919)707-0941 swalston(a�ncdot.qov Karen Lincoln Transportation Planner Orange County (919)245-2580 klincoln co.oranqe.nc.us Other committee contacts: Paul Guthrie Randy Marshall Nancy Baker Tina Love (TARPO vacant) Sara from DOT A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to endorse the deficiency analysis to be used in developing alternatives for the draft transportation plan. VOTE: UNANIMOUS e. Automated Timekeepinq Svstem The Board considered authorizing the County Manager to enter into a contract with ImmixTechnology, Inc. for the purchase of Kronos timekeeping software. Frank Clifton said that when he came on board in 2009 they started evaluating time keeping issues with the County and tracking overtime and comp time. The task was to find a better solution and provide the ability to do more detailed analysis with regard to the actual cost for services. A group of people involving IT, Finance, Human Resources, and the Sheriff's Department reviewed some software and came up with a recommendation. Clarence Grier said that the staff looked at other entities and many used Kronos, which interfaces with Munis. The estimated cost for this project is $313,000. Commissioner Foushee asked if EMS and the Sheriff's office would be using this and Frank Clifton said yes. A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to approve authorizing the County Manager to enter into a contract with ImmixTechnology, Inc. for the purchase of Kronos timekeeping software, subject to the County Attorney's review. John Roberts said to make sure that it is subject to the County Attorney's review because there are numerous cross-references to other documents VOTE: UNANIMOUS f. Facilities Use Policy Revisions The Board considered adopting the County's Facilities Use Policy; and repealing an Ordinance Regulating Parks and Recreation in Orange County. Pam Jones said that the last time this was discussed was in November of last year and since that time a number of changes have been made. These changes are reflected in the abstract. They have taken the necessary steps to upgrade the software that will be used for facility reservations. The goal is to complete an online reservation system that will allow the public to enter a single portal and get to the various meetings rooms that are available. She is also working with credit card companies to see if there can be a charging mechanism. This has been more difficult, so the proposal is to implement it September 1St instead of July 1St She continued summarizing the abstract. She pointed out that alcoholic beverages are prohibited at all facilities unless approved by the County Manager. The policy does include a fee schedule, which is on page 3 of the abstract. Commissioner Hemminger said that this is much easier to read and understand. Her concerns are for citizens to be able to meet in meeting spaces at no charge. She said that the citizens have very few places to meet together. Commissioner Gordon made reference to the policy of having gender neutral language. She asked to change the references to the County Manager and asked that it say, "County Manager or designee." These places are 4.1, 5.1.1, 5.1.10, 5.1.16, and 5.3. Commissioner Gordon made reference to alcohol usage and said that she does not agree with alcohol being served in County facilities at all. A motion was made by Commissioner Gordon to include in 5.1.3 that alcoholic beverages will be prohibited. There was no second. The motion failed. Commissioner Foushee said that she agreed with Commissioner Hemminger about small non-profit groups and allowing them to use small meeting rooms during the work day with a limited timeframe of two hours at no charge. Frank Clifton said that this might be easy to accommodate during office hours. Commissioner Jacobs agreed with the approach of being more flexible about public use. He said that there are a couple of places with references to more sophisticated language further in the document, specifically regarding warming food. He said that it should be clear in the beginning. Commissioner Jacobs made reference to page 18 and asked why Orange County would not have to give any notice to cancel a reservation. Frank Clifton said that it could be an emergency situation. Commissioner Jacobs said that it could say, "except in an emergency, Orange County will give a 48-hour notice." Frank Clifton said that this would be fine. Commissioner Jacobs made reference to page 10 and the Facility Operations Procedures and said that this is perfectly reasonable and said that there is trouble with School Athletic Directors who take shared use facility policies and throw them in the garbage because they do not want to share. He asked the Manager to monitor this. Commissioner Yuhasz made reference to political signs and said that there should be an exception when there are political conventions. Commissioner Yuhasz said that his other concern is that normal use of parks is allowed and does not require a reservation. Commissioner Yuhasz made reference to Section 8.1.2 where reservations are made in less than ten days that require cash or money order and he suggested allowing credit card payments. Pam Jones said that she is not sure that she can guarantee that, but she is trying to work that out. Chair Pelissier said that it is not clear to her about whether an organization would be prohibited from making more than one reservation at a time. She would like to have more guidance there. Frank Clifton said that if there is a consensus of the Board that this is a good place to start from, there will be some changes. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to approve adopting the County's Facilities Use Policy; and repealing an Ordinance Regulating Parks and Recreation in Orange County' and to look for revisions to come back. Annette Moore said that they are using different terms for"small groups" and asked for clarification. Commissioner Hemminger said to come back with small groups of less than 20. Commissioner Yuhasz said that this is a policy that is to be implemented in September. Commissioner Gordon said that they could ask staff to make the changes recommended and to bring back before the break. Commissioner Hemminger accepted this and Commissioner Foushee seconded the friendly amendment. VOTE: UNANIMOUS 9. Reports-NONE 10. County Manaqer's Report Frank Clifton said that there might be a closed session requested regarding an EDD and he wanted the Board to be aware of this. Commissioner Hemminger left at 10:43 PM. 11. County Attorney's Report NONE 12. Appointments NONE 13. Board Comments Commissioner McKee — none Commissioner Yuhasz— none Commissioner Jacobs made reference to the County phone and the 732-8181 recording. He said that he spoke with the person whose voice is on the recording and said that it is not organized in a way where it is self-apparent to a citizen, but organized based on which departments get the most phone calls. For example, he was calling DEAPR ( Department of Environment, Agriculture, Parks and Recreation) and had to go through five rounds of seven numbers to get to it. It seems like something alphabetical would be easier. Commissioner Jacobs said that there was a comment earlier about meeting with people to discuss the Rogers Road issues in a work session and having a discussion. He said that after the work session the other day with the fire departments, he felt that they had missed an opportunity to do what they had talked about with Rogers Road, which was setting up the opportunity and not inviting them to speak. He asked that they talk about making better use of work sessions when they have engaged some other specific, discrete segment of the community so that they can participate. Commissioner Foushee — none. Commissioner Gordon — none. Chair Pelissier made reference to the letter from the Housing Human Rights and Community Development from Bryant Colson asking for the County to be a liaison for an effort to implement a model immigration/integration practice. Someone has to be available to meet before the end of June. Commissioner Foushee volunteered and then Commissioner Jacobs said that he would do it if Commissioner Foushee could not. Chair Pelissier made reference to a proposed %2 cent sales tax referendum for transit. She said that it was not until recently that Durham County was interested in putting a quarter- cent and a half-cent sales tax on the ballot for the fall. She has asked that after the public hearing on Thursday that there will be a time to have a more in-depth presentation to discuss the actual plan and what should be considered related to putting the sales tax on the ballot for this fall. Craig Benedict went through the attachments regarding Triangle Transit's plan. Commissioner Jacobs asked if the Board was going to do a straw poll to see if they want to proceed in this compressed timeframe. Chair Pelissier said yes that they could, but they need to remember that they still need to look at what has been worked on with the plan so far. Commissioner Gordon said that one of the key issues is the proposed cost-sharing agreement. Before there is a decision, she would like the staff to weigh in on the pros and cons of a proposed cost sharing agreement between Orange County and Durham County. 14. Information Items • May 3, 2011 BOCC Meeting Follow-up Actions List • Central Efland and Northern Buckhorn Sewer Expansion Project Update 15. Closed Session A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to adjourn the meeting into closed session at 10:59 PM 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). "To consider and approve the unsealing of closed session minutes." VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to reconvene into regular session at 11:40 p.m. VOTE: UNANIMOUS 16. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adjourn the meeting at 11:45 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board