Loading...
HomeMy WebLinkAboutMinutes 08-23-2011 APPROVED 10/4/2011 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 23, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 23, 2011 at 7:00 p.m. at the DSS Offices, Hillsborough Commons in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie P. Foushee, Alice M. Gordon, Pam Hemminger, Barry Jacobs, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Manager and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff inembers will be identified appropriately) 1. Additions or Chanqes to the Aqenda The Chair went over the additional items. - Public comment sheet from Kim Ward for Matters Not on the Printed Agenda - Petition from Commissioner McKee - Green and salmon for item 7-a, Class A Special Use Permit— Montessori School - Pink — revised abstract for item 8-c - Central Efland and Northern Buckhorn Sewer Extensions — Funding (Including Budget Amendment #1-A) and Bid Award and Construction) (also includes PowerPoint presentation for item 7-b - Efland- Buckhorn-Mebane Commercial Industrial Transition Activity Nodes and Economic Development District Access Management Plan Chair Pelissier said that Emergency Management Director Frank Montes de Oca will give an update on Hurricane Irene. He said that it is forecast to reach the North Carolina coast around Wilmington on Saturday around 1400 hours. He said that updates are given daily at www.read oy ran�e.orq, or the public may call 245-6111. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda Kim Ward lives in the northern part of Orange County. She spoke about her concern with an inspection notice and a request for a payment of a fee from the Orange County Health Department concerning her single-resident spray septic system. In 2005, she applied with the Orange County Health Department with a septic permit to build her house. In October 2005 she received a denial and several different options were given to her. She chose to appeal the denial and hired a soil scientist and the scientist also said that there was nowhere on her land that would perk, and that she should proceed with getting a permit from the State of North Carolina for a spray system. After a lengthy process involving an engineering firm, and the Department of Environment and Natural Resources Division of Water Quality, she received her septic system permit from the State in 2007. Along with this permit, she signed an operation and maintenance agreement, which is in the packet of information that she provided. She signed an agreement stating that she would maintain the septic system to keep her permit the way that the State deemed necessary. It is very clear what is expected of her. In 2008, she received a Certificate of Occupancy. At no time during the process of getting the septic system was she ever notified from Orange County in writing that the Health Department would also be implementing a $125 fee and their own inspection. After three years, she got a card in the mail saying that it is time for the three-year inspection along with a $125 fee. She has had several discussions with Tom Konsler, Victoria Hudson, and Andy Adams concerning this inspection and the fee and has come to no understanding of why she has to pay the fee. She asked the County Commissioners to look at this fee. She said that Orange County Health Department has no regulatory jurisdiction over her permit because it was issued to her by the State, who maintains her permit. She also pays an annual fee to the State and the State inspects her system. She pointed out a letter in the packet from Jay Zimmerman, who is from the State. The letter states details about the State's fee and what it covers. She said that Jay Zimmerman spoke with Tom Konsler today in great detail about working the matter out and taking it to the Attorney General's office to see if it can be worked out. Chair Pelissier said that this item would be referred to the agenda review team. 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 Commissioner McKee said that he put forth a petition that Ms. Ward just spoke to and he referred to the materials at their places and the content of his materials. His petition is to request that staff look at the possible duplication of fees. He said that there was a very similar complaint, and this is also in the packet of materials that he provided. Chair Pelissier said that this item will be referred to the agenda review team. Commissioner Jacobs requested that, as part of the Board's presentation on August 30th about health care options for employees, that the staffs contact the Manager of Moore County, whose county is self-insured and they have had not increases in premiums in three years. Chair Pelissier said that she would see what could be done in this short timeframe. Chair Pelissier said that her petition relates to the County's economic development efforts and the UDO. She said that she is aware that the processing center is about to be opened. There was some discussion when she was on the Planning Board about agricultural support enterprises. She said that she would like to petition the Board to put some priority on this issue and put it on the agenda for further discussion sometime next year. 4. Proclamations/ Resolutions/ Special Presentations-NONE 5. Consent Aqenda A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board as listed for 2011: April 12�May 3, May 17, May19, May 23, May 24, May 26, June 7, June 16. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds —June The Board adopted a refund resolution, which is incorporated by reference, related to 68 requests for motor vehicle property tax releases or refunds. d. Motor Vehicle Property Tax Release/Refunds —July The Board adopted a refund resolution, which is incorporated by reference, related to 53 requests for motor vehicle property tax releases or refunds. e. Property Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to thirty-one (31) requests for property tax release and/or refund, f. Applications for Property Tax Exemption/Exclusions The Board approved a resolution, which is incorporated by reference, for four (4) untimely applications for exemption/exclusion from ad valorem taxation for the 2010 tax year. g_ Extendinq the Financial Assistance Proqram for Solid Waste Fees The Board approved the extension of the Solid Waste Assistance Fee Program and approval of assistance to those who are currently receiving 3R Fee assistance. h. Housinq Rehabilitation Proqram — N.C. Housinq Finance Aqency The Board adopted the Assistance, Procurement and Disbursement Policies for the 2011 Single Family Housing Rehabilitation Program funded by the N.C. Housing Finance Agency and authorized the Chair to sign. i. Authorize Piqqyback Bid Award: Wheel Loader for Landfill The Board authorized the purchase of a Wheel Loader for the landfill via piggyback bid award from Gregory Poole of Raleigh, N.C. at a cost of $134,221 and authorized the Financial Services Director to execute the necessary paperwork. i Bid Award: Road Tractor for Solid Waste The Board awarded a bid to Triad Freightliner of Greensboro, N.C. for a Road Tractor at a delivered cost of $107,222 for Orange County Solid Waste k. Fiscal Year 2011-12 Budqet Amendment #1 The Board approved budget, grant and school capital project ordinance amendments for fiscal year 2011-12 for Department on Aging, Health Department, Emergency Services Department, Human Resources Department, Solid Waste Enterprise Fund, Asset Management Services and Sherriff Department, Cooperative Extension and Economic Development, School Capital Projects, Department of Environment, Agriculture, and Parks and Recreation, Planning Department, and County Capital Reserve Funds. I. Interqovernmental Aqreements The Board approved various intergovernmental agreements and renewals of those agreements. m. Ratification of Manaqer-Approved Aqreement The Board ratified a grant agreement approved by the Manager over the summer break for the 2011 Byrne Justice Assistance Grant (JAG) program award. n. County Health Department Restroom and Board of Health Conference Area Improvement Chanqe Order The Board approved a requested Health Department restroom and Board of Health Conference Room area improvements located on the second floor of the Whitted Building "A"; and the use of $40,000 in additional Medicare Maximization funds to provide for the requested construction change orders. o. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for Upcominq Items This item was removed and placed at the end of the consent agenda for separate consideration. � Smith Level Road Riqht-of-Way Donation to the North Carolina Department of Transportation The Board approved a request submitted by the N.C. Department of Transportation (NCDOT) related to the potential Right of Way (ROW) dedication by the County to NCDOT and authorized the Manager and the Clerk to sign the agreement. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Items Removed From Consent Aqenda o. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for Upcominq Items The Board considered approving the process components and schedule for three government- initiated items anticipated for the November 21, 2011 quarterly public hearing. Commissioner Gordon said that she sent in a request for more information and some changes to this and the Planning staff did reply. The changes from her will be shown on this. Her point was to make sure that the County Commissioners got the specific text amendments at the same time as the Ordinance Review Committee. She also would like the public to get the text amendments two weeks ahead of time instead of 10 days. Planner Perdita Holtz went over the changes from Commissioner Gordon, as shown below. The changes have been added to the document, which is incorporated by reference. I. Consent agenda item 5-0 - Comprehensive Plan and UDO Amendments A. Section 2 - Comprehensive Plan Text Amendments (starting on p. 8) For C.1 Timeframe/Milestones/Deadlines (p. 9), add another bullet under 1.c - BOCC Updates/Checkpoints, as follows: October 5, 2011 - BOCC receives the specific amendment language (Note: This date is suggested since it is the same date as the review by the Planning Board's Ordinance Review Committee) For C.2 Public Involvement Program, under 2.d, please describe the Outreach for the general public. Also, when will all of the specific amendment language be available to the public? For E, Specific Amendment Language, please indicate when the specific amendment language will be available. B. Section 3 - UDO Text Amendments (starting on p. 11) For A, Amendment Type, when will it be determined that additional sections/articles will be included? For B.2 Analysis, it would be better for the required analysis to be completed and available at least a week before the hearing (i.e. by November 7). For C.1 Timeframe/Milestones/Deadlines (p. 13), add another bullet under 1.c - BOCC Updates/Checkpoints, as follows: October 5, 2011 - BOCC receives the specific amendment language (Note: This date is suggested since it is the same date as the review by the Planning Board's Ordinance Review Committee) For C.2 Public Involvement Program, under 2.d, please describe the Outreach for the general public. Also, when will all of the specific amendment language be available to the public? A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the Amendment Outlines, with the changes (including the change from November 14th to the 7th), and direct staff to proceed accordingly. VOTE: UNANIMOUS 7. Public Hearinqs a. Class A Special Use Permit— Montessori School The Board considered receiving the Planning Board's recommendation, closing the public hearing, and making a decision on a Class A Special Use Permit application (SUP) submitted by the Unitarian Universalist Congregation of Hillsborough proposing the operation of a Montessori school from its property at 1710 Old NC 10 (PIN 9873-97-2092). This is a reconvening of a public hearing from May 23�a Michael Harvey: As you will recall, what has been entered into the record already is the staff's abstract of the May Quarterly Public Hearing, a copy of the application, the application narrative, the real estate appraisal and assessment and the impact on the adjacent property value, an analysis and assessment of traffic trips for this facility that would result if the school is allowed to operate, the listing of adjacent property with property owners of 500 feet as part of the ordinance, and letters of correspondence from the Fire Marshall and the Sherriff's Office. You will also recall at the public hearing comments were made by members of the general public, questions that were asked, the Planning Board recommendation, and the answer to these questions. I would bring your attention to page 1 of the abstract of this item. He reviewed the attachments, as listed below: - . Attachment 1 — Notice of Joint Public Hearing - Attachment 2 — Findings of the Board of County Commissioners - Attachment 3 — Minutes from the May 23�d Quarterly Public Hearing - Attachment 4 — Minutes of the July 6, 2011 Planning Board meeting - Attachment 5 — Responses from applicant to issues/concerns expressed by the general public - Attachment 6 —Wastewater System Construction Authorization You also have at your places, as the Chair has already indicated this evening, two additional pieces of paper — a salmon-colored piece of paper and a green-colored piece of paper. The salmon-colored piece of paper replaces page 29, which staff had left out, specifically the findings that the Planning Board had made regarding Section 5.3.2A. This section involves the Board making a finding that the location and character of the use and development according to the plan submitted is in continuity with the area. I'll be going over that in greater detail in a little while. I also received today, and this is the green piece of paper — an email from David Sykes, the Orange County Fire Marshal, indicating that he had completed inspection of the building and he has found no violations to the fire code and he has no concerns with the school commencing operations at the facility. Very briefly, the abstract provides you with the general answers to the questions posed at the Quarterly Public Hearing for adjacent property owners. I will not review them in detail. I'll just call them to your attention. These questions are addressed with Attachment 5 of this abstract. With respect to the Environmental Health permit, which is Attachment 6 — the school and the church have already paid for the necessary permits and have done the necessary work to achieve an operations permit from the Health Department, meaning that they can commence operation, and they have made the necessary modifications to the septic system to support the school. I call your attention back to Attachment 2, which is the Special Use Permit Findings of Fact, which begins on page 8 of your abstract. As you all know, this is a quasi- judicial hearing and you are required to make findings of fact based on the project's compliance with the provisions of the Orange County Unified Development Ordinance as well as make any specific findings of fact with respect to this project's compliance with the general standards, which I'm going to go over specifically in a moment. What you will find as you go through this, is that the Planning Board, at their July 6tn meeting, has made an affirmative finding and affirmative recommendation stating that the school is a customary accessory use for a church and the application complies with the submittal requirements, specifically as detailed within Sections 2.2 and 2.7 of the Unified Development Ordinance, that the applicant has submitted sufficient documentation proving that the project complies with specific development criteria as outlined within Section 5.8.4 of the Unified Development Ordinance, that there was insufficient evidence and testimony entered into the record causing or allowing them to make a negative finding, and that they have recommended several conditions be imposed on this project if the Board of County Commissioners sees fit to issue them. So very briefly what I would like to do is go over the specifics with respect to the general findings, beginning on page 27. As the Board will recall, the County Commissioners are obligated to make findings that this project meets the general requirements of the ordinance, specifically, that the use will maintain or promote the public health, safety, and general welfare if developed and operated according to the plan as submitted; that the use will maintain or enhance the value of contiguous property unless the use is a public necessity and then finally, the location and character of the use of the development according to the plan submitted will be in harmony with the area and the use is in compliance with the plan for the physical development of the area. Going back to page 28, you will note that the Planning Board made an affirmative finding that the use will maintain or promote the public health, safety, or general welfare. You will note on page 28, their findings were based on the applicant's testimony of the May 23, 2011 Quarterly Public Hearing -the submitted the site plan; the issuance of the septic permit authorizing the school to operate from the church; the applicant's response as contained within Attachment 5 of this packet to those concerns raised at the May 23�d Quarterly Public Hearing; testimony from staff both at the Quarterly Public Hearing and the July 6th Planning Board meeting; and the staff correspondence has been entered into the record of the May 23�a Quarterly Public Hearing from the Sherriff's Office, the Fire Marshal's Office, and Environmental Health indicating that they had no concerns. The second criterion is that the use will maintain or enhance the value of contiguous property. You will note the Planning Board made an affirmative finding that within the record there is an appraisal opinion offered by Mr. Mike Taylor, dated February 17, 2011, submitted as part of the application package. There was no evidence entered in the record refuting the findings of Mr. Taylor. The final required finding, the location and character of the use of the development according to the plan will be in harmony with the area in which it will be located. The Planning Board made an affirmative finding that it is and will be in harmony with the area located. In making that finding, they relied on testimony entered into the record at the May 23�d Quarterly Public Hearing, the application narrative provided by the applicant, the site plan, and the staff testimony both at the May 23�d Quarterly Public Hearing and the July 6th Planning Board meeting. The Planning Board has made an affirmative finding on the issuance of this permit and has recommended the imposition of ten conditions, which I will go over briefly. Those ten conditions are: 1. That the school be limited to serving twelve (12) students as proposed by the applicant. 2. That classes only occur from 8:30 a.m. to 3:30 p.m. Monday through Friday as testified to by the applicant unless there is inclement weather, in which case the school shall abide by the Orange County Schools Inclement Weather policy in terms of hours of operation. These hours shall not limit the ability of the applicant to hold parent/teacher conferences, open houses, or other similar events associated with the normal operational characteristics of a school outside of the aforementioned operating hours. 3. That existing vegetation around the perimeter of the property shall be preserved and remain in an undisturbed state as denoted on the site plan. 4. That the Fire Marshal and representatives of the Eno Volunteer Fire Department shall review and approve the revised site plan as well as the floor plan of the building prior to the issuance of any Building and/or Zoning Compliance Permit(s) approving the use of the site as a school and verifying that the existing structures and site comply with all applicable NC Fire Protection Code standards. 5. That the applicant shall install any required septic system improvements necessary to allow for the operation of the school from the property prior to the commencement of activities. 6. That the applicant shall apply for a Building and Zoning Compliance Permit within one hundred eighty days from the approval of this application and that such permits shall be issued prior to any occupancy of the building by the proposed school. 7. That the applicant secure any necessary Soil Erosion and Grading, Storm water, or other similar permit(s) from the Orange County Erosion Control Division within 180 days from the approval of this application and that such permits shall be issued prior to any land disturbing activity or occupancy of the building by the proposed school. 8. That the applicant, as part of their building permit application submission, include documentation from the State of North Carolina indicating that the school has received any necessary certifications allowing them to operate as a private school and that their curriculum has been certified as meeting any and all local, State, and Federal requirements. 9. That the applicant adhere to any conditions that may be imposed by NCDOT in accordance with their driveway permit for this project as part of the permit review for this project; and 10. That a revised site plan denoting all site improvements or modifications necessary to address any of these conditions be completed and submitted for final approval by staff prior to the commencement of school operations. With that, what I would like the Board to do, the recommendation is that you close the public hearing if there is no additional testimony or different comments to be made, that you enter this abstract into the record, that you go through the fact sheet and affirm their recommendation, and that you make the finding on the three specific issues that I've outlaid for you this evening — that the use will maintain or enhance adjacent property values, that the use is consistent and in harmony with the area in question, and that the use will promote the public health, safety, and welfare. The Planning Board has recommended the findings, and you can make additional findings as you wish. Also, the recommendation is to issue the Special Use Permit with the conditions as recommended. I will also note that the applicant and engineer are in the audience this evening if you have questions of them. PUBLIC COMMENT: None A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to close the public hearing and enter the abstract that was presented this evening, with the corrected pages, including the Fire Marshal's memorandum into the record; review the Special Use Permit Findings of Fact Sheet contained within Attachment 2 of this abstract and make the appropriate findings that the application complies with the various sections of the UDO; including the general findings as denoted within Section 5.3.2(A)(2); and approve the Class A Special Use Permit and impose the conditions as recommended by the Planning Board except for condition #5 on the last page of Attachment 2. VOTE: UNANIMOUS John Roberts: Mr. Harvey just pointed out that you did not approve the SUP, you only closed the public hearing. Commissioner Hemminger: The Manager's recommendation had all of that on there. Chair Pelissier: We actually have to go through each item. I guess we haven't done this in quite some time. John Roberts: I haven't done this with you at all. Normally what would happen is that you do need to make the findings as far as, the use will maintain or enhance the value of contiguous property. Chair Pelissier: The recommendation does not tell us what finding it is, it is just that the recommendation is that you make a finding, and that is what we now need motions for. Is that correct, Mr. Roberts, do we need a motion for each finding, or can someone make a motion related to all of the findings for each. John Roberts: From my perspective, you need a motion to adopt the findings in the abstract you've been provided, and you need a separate motion for, "the use will maintain or enhance the value of contiguous property, the use will maintain or promote the public health, safety, and general welfare, and the location and character of the use, if developed according to the plan submitted will be in harmony with the area." Those are on page 28-29. You also need to adopt the conditions that are on page 30, unless you have extra conditions. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to find in agreement with the Planning Board findings for Sections 2.2 of the ordinance through 5.3.2(B)(3) found on pages 9-27 of the abstract. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to find in the affirmative with regard to, "the use will maintain or promote the public health, safety, and general welfare if located where proposed and developed and operated according to the plan as submitted." VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to make a finding that, "the use will maintain or enhance the value of contiguous property." VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to find that, "the location and character of the use if developed according to the plan submitted will be in harmony with the area in which it is to be located and the use is in compliance with the plan for physical development of the County as embodied in these regulations or in the Comprehensive Plan or portion thereof adopted by this Board of County Commissioners." VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to impose the conditions found on page 30 with the exception of condition #5, that condition having already been met upon the issuance of the Special Use Permit. VOTE: UNANIMOUS A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to issue the Special Use Permit in compliance with the findings that have been made. VOTE: UNANIMOUS Commissioner Gordon: Let me ask that you update our procedures or do what is necessary to be done so that it is very clear on the recommendations which motions need to be separate. Perhaps the Planning Director and the Attorney can consult on that, just as a way to proceed. John Roberts: This is a rare thing for you to do, so the next time we have a Class A Special Use Permit, I'll make sure you each have a step-by-step guide in front of you for the proceedings. b. Efland-Buckhorn-Mebane Commercial Industrial Transition Activity Nodes and Economic Development District Access Manaqement Plan The Board considered holding a public hearing regarding the Efland-Buckhorn-Mebane Commercial Industrial Transition Activity Nodes (CITAN) and Economic Development District (EDD) Access Management Plan; and directing staff to bring back the plan after Advisory Board input to the BOCC for consideration to adopt the Access Management Plan by the November 15, 2011 BOCC meeting. Craig Benedict said that this item is to bring forward a public hearing and a process to adopt an access management plan. He said that over the years, the County has developed several small area plans and there are access management plans within these plans. This is a development regulation change and not a normal public hearing. He made a PowerPoint presentation. Overview Craig Benedict, Planning Director Public Hearing August 23, 2011 Item 7. b. Background - 2006 Efland-Mebane Small Area Plan. - Economic development initiatives in project area. - Recent changes to Water and Sewer Planning Boundary Agreement (WASMPBA), Land Use Element Map, and Zoning Atlas. - August 22, 2011 Public Hearing on related UDO amendment. As properties are developed for residential and non-residential land uses, transportation interconnectivity and access will become increasingly important. Access Management Plans: - Provide or manage access to land development while simultaneously preserving the flow of traffic on the surrounding road system in terms of safety, capacity, and speed. - May include design and control of: o new roads, o driveways, o curb cuts, o turning movements, o interior circulation of parking lots, and o cross-access, public street connections and intersections. - Help procure federal and state funding for projects. - Necessary to require developer action and transportation contributions. - Can be incorporated into regional transportation plans. Maps of the Efland-Buckhorn-Mebane Access Management Plan Recommendation - Receive the proposed Plan. - Conduct the Public Hearing and accept public and BOCC comment. - Refer the matter to the Planning Board and the Orange Unified Transportation Board with a request that recommendations be returned to the Board of County Commissioners in time for the November 15, 2011 BOCC regular meeting. - Adjourn the public hearing until November 15, 2011 in order to receive and accept advisory boards' recommendations. Craig Benedict said that these are guidelines and developers would follow them. The adoption will not be tonight, but this is just the public hearing. No public comment. Commissioner Jacobs made reference to Map A and said that he knows that there has been discussion of Mattress Factory Road and he knows that there are some advantages to Mebane and financial impact. He said that people in that area do not have an idea what a huge impact the interstate interchange will have on their community. He would like to see some effort made to help people understand what is being put on the map and give them the opportunity to get some information. Regarding Map B and Preston Loop subdivision, he asked if there was a way to connect that to the road that goes to the north. Craig Benedict said no because there are lots developed around the perimeter of the loop. Commissioner Jacobs made reference to Map C and said that one of the chief frustrations of the people living in the Efland area is that they cannot easily get on the interstate going east. This is why the connector option was on there. Craig Benedict said that staff is having a lot of interaction with Efland residents lately and they will continue to work on this. The Board agreed to make more of an effort to engage the community around Mattress Factory Road. Commissioner Jacobs suggested putting a note on each map that the lines for the proposed roads do not necessarily indicate the parcels upon which they will be built. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to close the public hearing and direct staff to obtain recommendations from the Planning Board and the Orange Unified Transportation Board to bring back to the BOCC for consideration to adopt the Access Management Plan by the November 15, 2011 BOCC meeting. VOTE: UNANIMOUS 8. Reqular Aqenda a. Purchase & Sale Aqreement — Southwest Library Site, 210 Hillsborouqh Road The Board considered purchasing the parcel located at 210 Hillsborough Road, Carrboro, and authorizing the Manager to execute all necessary documents to close the purchase. Frank Clifton said that the Board directed the staff almost a year ago to find a site for a future branch library in Carrboro. The due diligence process for the purchase of this land includes several issues that affect the viability of this site. The County could overcome these issues, but may not want to deal with them. John Roberts said that the County employed a title search company and there is a restrictive covenant on the property, which restricts the property to no more than six subdivided lots if used for residential purposes. The County would take the property subject to that restrictive covenant and the covenant would be condemned. There are sewer easement issues with properties on both sides. There are access easement issues with regard to property on the west side of the access point. There is also the issue of the dedicated right-of- way that exists on the southern end of the property. Some of these issues could result in some substantial extra costs. PUBLIC COMMENT: Dorothy Taylor-Scenter lives at 208 Hillsborough Road. She asked the Board to please vote no to the proposed purchase of 210 Hillsborough Road. She said that this site is a residential area that is not suitable for commercial development, even though the Town of Carrboro rezoned this area for commercial development. She said that the traffic will negatively affect her neighborhood and it will be a traffic nightmare. Marty Mandell said that she is sorry that this site was chosen without public input first. This area is landlocked and could be disruptive to the elementary school and the church. The access is awkward and it also costs too much. She said that there was a new site with exciting possibilities. She brought forward the plat of this site. The site is larger and cheaper. It adjoins a lot on Martin Luther King Jr., Boulevard. This lot is also on a bus line and within walking distance of McDougle Middle School. Ashley Stanford said that he lives near 210 Hillsborough Road and said that this is an inappropriate site for a library. He said that he and others argued this to the Town of Carrboro. It is the wrong place and it is too expensive. Alexandra Brown is President of the Friends of the Carrboro Branch Library. She said that she understands that the Board may not be able to vote in favor of this, but she hopes the Board can renew its commitment as soon as possible to this branch. Bethany Cheney lives at 217 Hillsborough Road across from the proposed library site. She said that she is a concerned citizen and that the County is missing the opportunity to apply the lessons learned from Rogers Road by proposing to put a library in the middle of a white residential neighborhood. She said that it would be better to find a cheaper site because this one is so expensive. She said that the process used to come up with this site was not ideal and it was not inclusive. She asked the Board to reject this site. Jeff Rubish lives at 214 Hillsborough Road and his grandfather donated the land from the school that is there now. He asked the Board to please vote no for this site. He said that access to this site could be dangerous. He said that the community wants a library, but at another location. This is a historic area and it would be destroyed if a library is put there. He asked the Board to look at other options. Gary Barnes is a resident of Chapel Hill and he is not intimately involved in the library process. He said that when he read about Orange County's plans for this library and Chapel Hill's plans for an extension of its library, he could not believe it because Orange County is at a crossroads because this is a brick and mortar mentality versus a more technological mentality. He said that the time is coming where the County will need to assess the future of the libraries. He urged the Board to say "no" now. Robert Down lives on Pine Street in Carrboro and concurred with Mr. Barnes. He said that the site selection was not done in a public forum, and their road is already a cut-through road. He said that sites with better access are pretty readily available. He asked the Board to reject this site. Commissioner McKee said that he has been on record as opposing this project and originally it was because of the cost. He said that he has had serious concerns about the site, its location, and its layout. He said that, recently with the title issues that have surfaced, it makes this project unfeasible. He said that the County needs to walk away from this site and look at future areas. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to decline the purchase of property at 210 Hillsborough Road and pursue other sites for a southwest library branch. Commissioner Jacobs said that he agreed with the motion but he wanted to talk about the process. He brought up the issue of trust and said that he wants the Board to stand by its commitment to stand for a southwest library and to be collaborative and transparent. The Board needs to involve residents of Orange County and Carrboro and the Town's elected officials. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to articulate that the County will reopen a transparent, deliberate search process in partnership with the Town of Carrboro and interested citizens of Orange County, and reaffirm the commitment to establishing a southwest Orange County Library. Commissioner Yuhasz said that this southern branch of the Orange County library is to serve all residents of southern Orange County, including those people in Bingham and Cheeks Township. He would like to invite all people to participate and not limit this to just Carrboro. Commissioner McKee said that though he opposed this site, he has never called into question whether at some point the County needs some additional facility in the southern part of the County. He said that the County Commissioners still have not settled with Chapel Hill the issue of support for the Chapel Hill Town Library. He would like to make sure that there is a discussion about this and the commitment to support the Chapel Hill Town Library as part of the discussion of siting another branch. Chair Pelissier said that she supports the motion, but she commented that the County Commissioners asked the County Manager to find sites that could be purchased, and at that time there were no other sites available. VOTE: UNANIMOUS b. UNC Department of City & Reqional Planninq Proposal on UNC-CH Spin-Off Companies The Board considered a proposal from the UNC Department of City and Regional Planning to complete a study documenting the real estate needs of entrepreneurial companies originating from the University and provide concrete recommendations on how to better retain spin-off companies in Orange County and authorizing the Manager to execute the contract for the study. Frank Clifton said that there has been discussion about how the County could reach out and capture more of the startup companies that are spinning out of UNC's entrepreneurial opportunities. Commissioner Hemminger said that this is a fabulous opportunity. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve a proposal from the UNC Department of City and Regional Planning to complete a study documenting the real estate needs of entrepreneurial companies originating from the University and provide concrete recommendations on how to better retain spin-off companies in Orange County and to authorize the Manager to execute the contract for the study. VOTE: UNANIMOUS c. Central Efland and Northern Buckhorn Sewer Extensions — Fundinq (Includinq Budqet Amendment #1-A) and Bid Award and Construction The Board considered multiple actions related to the funding and construction of the Central Efland and Northern Buckhorn sewer system. Craig Benedict reviewed this item. BACKGROUND: These sewer projects have been in process of funding since 1997 and design since 2004. The projects have now been permitted and approved by the state (SRF Loan Project No. CS370884-01) and Federal EPA (STAG Project No. XP95456411- 01). The following is an outline of the proposed BOCC actions related to these projects. There are two main project aspects — Funding and Bid Award/Construction. Many of these funding actions have been noted this year in previous Board agenda items (June 7th and June 21St, 2011). The abstract notes each aspect and the recommendations are detailed on the last page. A. Funding 1. Acceptance of EPA Special Appropriations Grant Funds for Construction of the Central Efland & North Buckhorn Sewer Improvements; 2. Acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems State Revolving Loan; and 3. Approval of Budget Amendment#1-A. B. Bid Award and Construction 1.a. Authorize the County Manager to enter into an agreement regarding the withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina; 1.b. Resolution of Award awarding the bid to J.F. Wilkerson of Morrisville, North Carolina at a cost of $2,942,954.46; 2. Authorize the Manager to execute change orders up to $250,000; 3. Authorize the Chair to sign the Resolution of Award on behalf of the Board; 4. Approve and authorize the Chair to sign the contract on behalf of the Board, pending execution of bonds, insurance and County Attorney approval; and 5. Authorize related alternate engineering design. A.1 ACCEPTANCE OF EPA SPECIAL APPROPRIATIONS GRANT FUNDS FOR CONSTRUCTION OF THE CENTRAL EFLAND & NORTH BUCKHORN SEWER IMPROVEMENTS PURPOSE: To consider accepting the EPA Special Appropriations (SPAP) grant funds for construction of the Central Efland and North Buckhorn Sewer Improvements. BACKGROUND: In both 2003 and 2005, Congressman David Price worked to receive funding totaling $900,000 and $500,000 respectively in the EPA's SPAP program. Since that time, the County has worked through the appropriate processes and was given a Notice of Award for these two grants in December 2010 (Attachment 1) which was conditionally affirmed pending Capital Investment Plan (CIP) and companion loan acceptance. The net of the two EPA SPAP grants is $1,348,400. Because the EPA delegates a large amount of review authority for grant funded projects to the State's Construction Grants & Loans division of North Carolina Department of Environment and Natural Resources (NCDENR), the State receives a percentage of the grant to cover the administrative costs. Because County financial policy requires the BOCC to formally accept grant funds prior to expenditure, staff is requesting that the BOCC approve acceptance of these grant funds for the purpose of constructing the Central Efland and North Buckhorn Sewer Improvements. The grant funds will provide approximately 1/3 of the total construction costs and are a vital financing component for this project. In addition, these funds have already been incorporated into the County's CIP as part of this project. FINANCIAL IMPACT: Accepting these funds will provide $1,348,400 towards the construction of the Central Efland and North Buckhorn Sewer Improvements. A.2 CENTRAL EFLAND — PHASE 2 NORTHERN BUCKHORN STATE REVOLVING LOAN SEWER FUNDING PURPOSE: To ratify a Resolution reiterating the Board's decision from June 21, 2011, approving the offer of a State Revolving Fund (SRF) Loan to fund the construction of the Efland and North Buckhorn sewer extensions. BACKGROUND: The BOCC was previously presented with the opportunity to accept a SRF loan in the amount of $3,500,000 for the construction of sewer improvements in the Efland and North Buckhorn communities. The loan is from the North Carolina Department of Environment and Natural Resources. The BOCC approved this loan offer on June 21, 2011. Since that time, staff has been notified that in order to formally accept the loan, the loan approval must take the form of a Resolution. Attachment 2 is a Resolution, dated June 21, 2011, that states the BOCC's acceptance of the SRF loan and conditions. Staff requests the BOCC ratify this Resolution to formally accept the SRF loan on Project No. CS370884-01, STAG Project No. XP95456411-01. FINANCIAL IMPACT: As noted in the abstract from the Board's June 21, 2011 meeting, there is a $70,000, or 2%, closing fee for the SRF loan that will be due in September. The payments for the SRF loan are anticipated to begin approximately in June 2013, or six months after construction is complete. The annual loan payments would be approximately $225,000. Both the closing fee and the debt service payments are included in the County's Capital Investment Plan. A-3 BUDGET AMENDMENT # 1-A Total estimated project costs included in the Capital Investment Plan were $4,727,101, which did not include the $475,000 planned for the McGowan Creek Pump Station planning for FY2012-13. Since receiving very aggressive bids for the Central Efland/North Buckhorn Project, both projects can be combined with the McGowan Creek Pump Station Project with an overall project cost of $4,848,400. Budget Amendment #1-A below provides details of the proposed budget. Central Efland and Northern Buckhorn Sewer Project: Project#30042 Revenues far this pro'ect: FY2010-11 Aug.23, 2Q11 FY 2011-12 Amendments Amendment Revised EPA SPAP Grant $1,348,400 $�,348,400 State Revolvin Loan Funds 3,500,4Qq 3,500,000 Total Peo'ect Revenues $4,848,400 $4,848,4U0 A pro riated far this pra�ect: PriarYears Aug. 23, 2011 FY201'{-12 Amendment Amendment Revised Professional Services $ 519,000 $ 599,000 Construction 4,304,400 4,3d4,400 Other 25,000 25,000 Total Pro'ect A ro riation $4,848,400 $4,848,400 The larger budget amount in excess of the bid award will be explained below in section B.5. B. BID AWARD AND CONSTRUCTION PURPOSE: B.1.a — To authorize the County Manager to enter into an agreement regarding the withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina, and B.1.b — to consider awarding a bid to J.F. Wilkerson of Morrisville, North Carolina for the construction the Central Efland and Northern Buckhorn Sewer Extensions. BACKGROUND: The County has been working towards construction of an extension to the Efland sewer system and an extension of the City of Mebane's sewer system into the Northern Buckhorn community. The work for this project involves the construction of approximately 5,370 linear feet of 8 inch gravity sanitary sewers to serve the Buckhorn Area north of I-85 and 19,514 linear feet of 8 inch gravity sewers with a 250 G.P.M. Pump Station and 2,460 linear feet of 6 inch ductile iron force main to serve the Efland Community. Bids for this project were advertised and received on June 23, 2011. Nine bidders submitted responses to the solicitation including Triangle Grading & Paving. Subsequent to the opening of the bids on June 23, 2011, a difference of opinion arose between Triangle Grading & Paving and County Staff over the parties' respective rights and obligations arising out of the bidding process. In order to avoid a legal dispute, Staff has recommended that Triangle Grading and Paving's bid be deemed to have been timely withdrawn, without penalty of forfeiture of its bid bond. B.1.b: To consider a Resolution awarding the construction contract for Central Efland Phase 2 and North Buckhorn sewer system extensions to J. F. Wilkerson Contracting Company. BACKGROUND: Bids were received for this project (Project No. CS370884-01, STAG Project No. XP-95456511-0) on June 23, 2011. After a period of review of the bid documents by the County's engineering consultant, Coulter, Jewell, Thames, and due diligence investigation by County staff, J.F. Wilkerson Contracting Company was determined to be a responsive, responsible bidder for this project. With the agreed to withdrawal of Triangle Grading & Paving's bid, J.F. Wilkerson Contracting Company becomes the lowest, responsive and responsible bidder for this project. Because this project is funded by both an EPA Special Appropriations Grant and a State Revolving Fund Loan, the State Construction Grants & Loans (CG&L) office must review the bid documents and other information regarding the project prior to issuing an "Authority to Award" notice to the County. The deadlines imposed by the SRF Loan process required that Orange County be issued the "Authority to Award" from the State CG&L office on or before August 1, 2011, or risk losing the SRF Loan funds. As a part of the Project Bid Information packet, the CG&L office typically requires that the governing board adopt a Resolution of Tentative Award, which says the board intends to award the contract to the lowest, responsible, responsive bidder once given the "Authority to Award" from the State. In this case, however, the BOCC was on summer breaks when the bids came in. This meeting is the first opportunity available for the Resolution of Tentative Award. The CG&L office has granted the County a variance from its normal procedure by allowing the BOCC to adopt the Resolution of Award now, after the Authority to Award had been issued by the State on August 1, 2011. Therefore, the Resolution before the Board is a Resolution of Award rather than a Resolution of Tentative Award because the State has already reviewed the contractor choice and issued the Authority to Award. This Resolution, along with the actual contract and supporting documents, will be submitted to the State CG&L office for review. Submission and approval of the contract documents and this Resolution are required in order to meet the next funding deadline on September 1, 2011. J.F. Wilkerson submitted the lowest responsible bid that was responsive. A copy of the tabulation is Attachment 3. The Resolution of Award is Attachment 4. If the Board awards this bid, a notice to proceed will be issued in mid-September with an estimated completion date of December 2012. B-5 RELATED ALTERNATE `OUTFALL' ENGINEERING DESIGN After strategic review of the existing and proposed sewer systems in Efland, an alternative engineering design may create short and long term benefits in costs and service area. A brief explanation follows. The present Efland sewer system flows by gravity to the existing McGowan Creek Lift Station (MCLS) built in 1988 near Efland-Cedar Grove Road. From this collection point sewage is then a pumped via a sewage force main to the Town of Hillsborough for treatment. The Central Efland Phase II (area east of and downstream from the MCLS) proposes a new sewage lift station on Brookhollow Road (BRLS) which collects a new service area that flows by gravity to this new station that is then pumped `upstream' to the old MCLS. Since the proposed BRLS is `downstream' from the old MCLS, a new gravity sewer main or interceptor can be designed to allow existing sewer flows to flow through (without pumping) the MCLS and continue through this new gravity line (approximately 2,000 LF) to the BRLS. This alternate design accomplishes several goals: 1. Eliminates the need for a new lift station (BRLS) to pump to an old lift station (MCLS) which is in need of approximately $400,000 of repair. 2. Creates a new interceptor service area (consistent with the Efland-Mebane Small Area Plan) for additional property and customers that were not included in the original design. 3. Reduces the distance of pumping to Hillsborough since the BRLS is closer and eventually can be the one lift station instead of two (major reduction in maintenance and operating costs) that changes pumping direction to another treatment system. 4. Removes the old MCLS function which is close to McGowan Creek. There are two funding sources for this project- $3.5 million from the State Revolving Loan Fund and a grant of $1,348,400 from an EPA SPAP Grant. The State agrees monies from the SRF loan can be used to expend on this alternate which enhances the existing and proposed systems. Projected monies from EPA and SRF sources can accommodate the original and alternate design because of lower construction bids. The difference between the bid and the budget is reserved for this alternate project. This alternate design still needs to be engineered, permitted and bid and, if at all possible from a timing standpoint, coordinated into the proposed project. The design for this work will begin as soon as a design and construction administrator is chosen. A separate bid for construction will be necessary at a later date. Whether design and permitting can `catch up' to the present work is not yet known. In any event, this proposed design enhancement will provide a system that can be more efficiently operated. FINANCIAL IMPACT: There is no financial impact from approving the Resolution of Award. The contract with J.F. Wilkerson Contracting Company is for $2,942,954.46 and has been accounted for in the County's CIP and is within budgeted amounts. RECOMMENDATION(S): The Manager recommends that the Board: A. Funding 1. Accept the EPA Special Appropriations Grant Funds for Construction of the Central Efland & North Buckhorn Sewer Improvements (Attachment 1) 2. Ratify the Resolution noting acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems State Revolving Loan (Attachment 2) 3. Approve Budget Amendment#1-A B. Bid Award and Construction 1.a. Authorize the County Manager to enter into an agreement regarding the withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina; 1.b. Approve the Resolution of Award awarding the bid to J.F. Wilkerson of Morrisville, North Carolina at a cost of $2,942,954.46; 2. Authorize the Manager to execute change orders up to $250,000; 3. Authorize the Chair to sign the Resolution of Award (Attachment 4) on behalf of the Board; 4. Approve and authorize the Chair to sign the contract on behalf of the Board (Attachment 5), pending execution of bonds, insurance and County Attorney approval (bid unit prices are available in the Clerk to the Board's office); and 5. Authorize staff to proceed with related alternate engineering design. Central Efland Phase 2 and North Buckhorn Sewer Projects SRF Loan Project # CS370884-01 STAG Project # XP95456411-01 Map of Central Efland Scope of Sewer Projects - Central Efland Phase 2 0 19,500 LF of 8" gravity 0 250 GPM Sewage Pump Station 0 2460 LF 6" Force Main - North Buckhorn 0 5370 LF of 8" gravity Central Efland and North Buckhorn Sewer Improvements Outline of Abstract - Funding Background - Bid Award and Construction Central Efland and North Buckhorn Sewer Projects - Bid Award and Construction Oversight, etc. Team o Michael Talbert, Interim Assistant County Manager o Craig Benedict, Planning & Inspections Director o Kevin Lindley, Engineer o Susan Mellott, Building Official o Pam Jones, Asset Management Services Director o Jeff Thompson, Value Engineer o Clarence Grier, Financial Services Director o David Cannell, Purchasing Agent o Sahana Ayer, Staff Attorney o Debra Graham & Tina Love, Administrative Assistant II Construction/Design Oversight - Construction Administration (CA) - Augmented Design Work o McGill Associates - Orange County Representatives o Jeff Thompson, Asset Management Services ■ Owner Construction Liaison o Kevin Lindley/Craig Benedict, Planning Department ■ Owner Design Liaison o Susan Mellott, Inspections ■ Owner Field Liaison Funding Background 1. Acceptance of EPA Special Appropriations Grant (STAG) Funds for Construction (Attachment 1) 2. Acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems State Revolving (SRF) Loan (Attachment 2) 3. Approval of budget amendment (#1-A is within abstract) Budget Amendment#1-A (table) Bid Award/Construction Aspects 1.a. Authorize Manager to enter into an agreement regarding withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina; 1.b. Award the bid to J.F. Wilkerson of Morrisville, North Carolina at a cost of $2,942,954.46; 2. Authorize the Manager to execute change orders up to $250,000.00; 3.Authorize the Chair to sign the Resolution of Award on behalf of the Board, (Attachment 4) 4.Authorize the Chair to sign the contract on behalf of the board, pending execution of bonds, insurance and Attorney approval, (Attachment 5) 5.Proceed with related alternate outfall engineering design. Frank Clifton said that there are the grant funds for this and the rest is through a loan through the State revolving loan fund and the interest rate is 2+%. These loans were obligated in the prior year's budget. Craig Benedict went over the recommendations. Commissioner Gordon made reference to the improvements and the water going to Mebane eventually. She asked what would be the type of system to get the water to Mebane and Craig Benedict said that it would be a forced main because it would have to be pumped uphill to Gravelly Hill Middle School. Commissioner Gordon asked about the McGowan Creek lift station and asked, in the large scheme of things ("the super long term") if that is equally effective to any other alternative. Frank Clifton said that they have tried to deal with both the short-term and the long-term issues. The McGowan Creek lift station has to be repaired right away. The Town of Hillsborough has repeatedly denied any interest in long-term acquisition of this area for the utility system. The discussions with the City of Mebane have been very positive. Commissioner Gordon wants to be sure that the County is planning for the super long- term. She wants to make sure that this alternative is the best for the super long-term. Frank Clifton said that his long-term is the super long-term. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to: A. Funding 1. Accept the EPA Special Appropriations Grant Funds for Construction of the Central Efland and North Buckhorn Sewer Improvements (Attachment 1 in abstract). 2. Ratify the resolution noting acceptance of Central Efland-Phase 2 Northern Buckhorn Sewer Systems State Revolving Loan (Attachment 2 in abstract). 3. Approve Budget Amendment#1-A. B. Bid Award and Construction 1a. Reject the bid submitted by Triangle Grading and Paving of Burlington, N.C.; 1b. Approve the Resolution of Award awarding the bid to J.F. Wilkerson of Morrisville, N.C. at a cost of $2, 942, 954.46; 2. Authorize the Manager to execute change orders up to $250,000; 3. Authorize the Chair to sign the Resolution of Award on behalf of the Board; 4. Approve and authorize the Chair to sign the contract on behalf of the Board, pending execution of bonds, insurance and County Attorney approval ( bid unit prices are in the Clerk to the Board's office); and 5. Authorize staff to proceed with related alternate engineering outfall design. VOTE: UNANIMOUS d. PerFormance Aqreement with Town of Chapel Hill and Visitors Bureau The Board considered reviewing and authorizing the Manager to sign the 2011-12 performance agreement between the Town of Chapel Hill and the Visitor's Bureau and authorizing the Manager to sign the agreement. Laurie Paolicelli from the Chapel Hill Visitors Bureau gave a brief overview of this process. This agreement is in terms of the Occupancy Tax. She went through the background information. Senate Bill 622, Chapter 392, of the 1991 Session laws makes provisions for both the Orange County Board of Commissioners and Town of Chapel Hill, by resolution, to levy a room occupancy tax of up to three percent (3%) on any accommodation in the County. It directs that at least ten percent (10%) of the annual revenues be used to provide funding for visitor information services and to support cultural events. Orange County has funded the Visitors Bureau since 1992. The Visitors Bureau, since FY 1994-95, has received an annual grant allocation from the Town of Chapel Hill, ranging from $58,625 to its current $150,000. For fiscal year 2011-2012, the Town of Chapel Hill has allocated $150,000 to the Visitors Bureau as indicated in the performance agreement attached herein. She said that when she was hired in 2006, former County Manager John Link made her first priority to attempt to double the contribution or greatly increase the contribution from Chapel Hill, which at the time was $69,000. It is now at $150,000. Frank Clifton said that this is an intergovernmental contract that requires the Board's approval. He said that the County should continue a dialogue with the Town of Chapel Hill. Laurie Paolicelli spoke about the importance of continuing a dialogue with Chapel Hill, Hillsborough, and Carrboro regarding tourism funds and sharing costs. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the performance agreement, which is incorporated by reference, between the Town of Chapel Hill and the Visitors Bureau and authorize the Manager to sign the agreement. VOTE: UNANIMOUS e. Sale of 1914 New Hope Church Road to Oranqe County Schools Board of Education The Board considered transfer alternatives for 1914 New Hope Church Road to the Orange County Schools Board of Education. Asset Management Services Director Pam Jones said that this item is to explore two options on the disposal of this property. About two years ago, the County declared this property surplus after the 911 center was relocated. The County has no purpose for this site. The OCS thought they may be able to use this property since it is next door to New Hope Elementary School. The proposal is for OCS to pay the County $100,000 for the property at $25,000 per year for four years. The Manager has raised an issue about a long-term lease with the schools that would allow OCS to continue to use it in the same manner as if they purchased the building, but the $25,000 per year in pay-as-you-go funds would not be lost. The staff needs direction from the Board on whether to lease or sell this property to OCS. Commissioner Foushee asked Superintendent Patrick Rhodes if the school board has had a chance to consider the proposed long-term lease. Superintendent Rhodes said that the BOE has received the abstract and has reviewed it, but has not discussed the long-term lease. Commissioner Gordon asked what the facilities would be used for and Pam Jones said that it would be used for administrative offices. Commissioner Gordon said that her thought would be that the Manager's proposal for a long-term lease arrangement would be better for the school system because it would not obligate $25,000 in pay-as-you-go. She thinks the OCS should consider this. Commissioner Hemminger said that she liked the lease option. She said that this former 911 center is still listed as an emergency services site on the State and local websites and needs to be changed. Commissioner McKee concurred with all regarding the long-term lease option. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee that the Manager negotiate a long-term lease with the Orange County Board of Education for 20 years at $1 per year, with the Schools assuming all maintenance and operational responsibilities. VOTE: UNANIMOUS 9. Reports a. County Assistance to Fire Departments for Public Outreach The Board considered receiving a report on, and providing feedback in follow up to the Board's suggestion that the County assist area fire departments with communications and public outreach. Emergency Services Director Frank Montes de Oca said that this is in response to discussions in June regarding helping the area fire departments getting information out to the public. He showed an example of public announcements for various fire departments. Regarding alert notifications, he would prefer to use some of the County's alert notifications, such as Facebook and Twitter. He said that there will be a utilization of a self-serve process where residents can log in their address and be told where the closest fire department is, fire district tax rates, etc. Deputy Clerk David Hunt said that staff can provide a basic "media marketing 101 course" to local fire departments and how to get information out to residents Commissioner Yuhasz said that he is concerned about the fire departments getting annual meeting information to the residents. He wants to make sure that the residents are invited to these meetings. Frank Clifton said that the County might be able to put the annual meetings on the tax bills. He will look into this. It would have to be generic, so there could be a list of all fire departments with phone numbers, websites, etc. He will research this. Commissioner Gordon said that this is a topic that could be discussed at the joint meeting on September 13th. She said that she wants this to be cost-effective and would not want to prioritize it over all other communication needs of county government. Chair Pelissier suggested that it is important to explain to the public the tax rates and how the insurance ratings affect them. Commissioner Gordon agreed. b. Standard and Poor's (S&P) Downqrade of the United States Credit Ratinq and its Potential Effects on Oranqe County's Bond Ratinq The Board received an update on the potential effects of the S&P downgrade of the United States credit rating on the bond rating of Orange County. Financial Services Director Clarence Grier reviewed this item. He said that the S&P decided to downgrade the U. S. Government to AA+. S&P has affirmed that the bond rating could be one notch above the federal government as long as the County was not adversely impacted by the federal government as far as the management of the financial obligations (grants, loans, etc.). A lot of municipalities in North Carolina were affected by this. Commissioner Jacobs said that he appreciated the information and the due diligence that the staff has pursued. 10. County Manaqer's Report Frank Clifton said that it was a busy summer. The Manager and Chair are to meet with the Town of Mebane's Mayor and Manager regarding the AKG groundbreaking that will be in September. He has also been working closely with the City of Mebane on the utility issues regarding the Buckhorn area. He has also been working closely with the City of Durham regarding a Utility Extension Policy for the Eno district. There is a draft agreement in the agenda packet. The staff has continued to work on the issues of the landfill and the Rogers Road community mitigation. Assistant County Manager Gwen Harvey has been actively involved with the County's outreach for the '/4-cent sales tax referendum. Later this week, he will be doing interviews for the Economic Development Director position. He said that the sales tax collections have improved somewhat. Things are getting better and the County is operating on a fiscally sound basis. 11. County Attorney's Report John Roberts said that the process of 9% of the Alamance County line is moving forward very quickly and should be concluded sometime later this fall. He said that codification of ordinances is coming and the republication of the ordinances is scheduled to go online September gtn 12. Appointments a. Adult Care Home Community Advisory Committee —Appointments The Board considered making appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Daniel Hatley to a first full term expiring October 31, 2013; Sandra Dove to a second full term expiring October 30, 2013; Richard Gross to a second full term expiring October 30, 2013; and Wendy Gellert to a second full term expiring September 30, 2013. VOTE: UNANIMOUS b. Oranqe County Arts Commission —Appointments The Board considered making appointments to the Orange County Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Dr. Alice Levinson to a partial first term expiring March 31, 2012; and Tamara Oxley to a first term expiring March 31, 2014. VOTE: UNANIMOUS c. Human Relations Commission — New Appointments The Board considered making appointments to the Human Relations Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Colin Austin to a second term expiring June 30, 2014; James Anderson to a second term expiring June 30, 2014; Rita Anita Linger to a second term expiring June 30, 2014; Matthew Hughes to a first full term expiring June 30, 2014; and Marty Rosenbluth to a second term expiring June 30, 2014. VOTE: UNANIMOUS Commissioner Jacobs said that since there are six more At-Large vacancies and five people not being recommended, he would like to recommend taking the other five applicants from the applicant interest list. This would be Joseph Polich, Joyce Christine Preslar, Rev. Dr. Rolin Russell, Michael Stewart, and Dr. Cynthia Stubbs. This was seconded by Commissioner Foushee. Commissioner Gordon said that she had reservations about this because there was concern about adequate female representation. Commissioner Jacobs said that two of the five are female. Chair Pelissier said that she does not know why there have not been any recommendations made for the other positions, but because this is a large board, she has some hesitation about filling them when the board has not made all of the revisions about how it wants to constitute its membership. Commissioner Gordon agreed. Commissioner Foushee disagreed with this and said that, traditionally, over the last couple of years, this board has not been able to move forward because it is not getting the appointments. Commissioner Hemminger made a friendly amendment to the motion and Commissioner Jacobs and Commissioner Foushee accepted, asking that the HRC to come back with recommendations on how to reduce the size of this 24-member board. VOTE: UNANIMOUS d. Jury Commission —Appointment The Board considered making an appointment to the Jury Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Bob Hall to a successive term expiring June 30, 2013. VOTE: UNANIMOUS e. Mebane Planninq Board —Appointment The Board considered making an appointment to the Mebane Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Thomas Fenske to a second term expiring June 30, 2015. Commissioner Jacobs said that there is no guidance for citizens representing Orange County on boards not within the County. This needs to be addressed. Donna Baker said that this will be part of the discussion within the Boards and Commissions issue. VOTE: UNANIMOUS f. Oranqe Water & Sewer Authority Board of Directors (OWASA) — Appointment The Board considered making an appointment to the Orange Water & Sewer Authority Board of Directors (OWASA). A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to appoint Terri Buckner since Joyce Christine Preslar was appointed to another board. VOTE: UNANIMOUS g_ Workforce Development Board-Reqional Partnership —Appointment The Board considered making an appointment to the Workforce Development Board- Regional Partnership. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to appoint Ann Lenhardt to a first term expiring June 30, 2014. VOTE: UNANIMOUS 13. Board Comments Commissioner Foushee said that she has been on two NCACC task forces. She did attend the NCACC annual conference and the Board will be getting reports from this. Commissioner Hemminger said that Community Home Trust is going to be doing some fund raisers trying to raise awareness about the affordable housing needs. Commissioner Yuhasz said that he attended the NCACC meeting and there were some different perspectives. He said that they interviewed candidates for the Health Director as part of the Board of Health meeting. Commissioner Jacobs said that he was sorry that Orange County has stopped doing Government Day, which allows students to visit the County government. Commissioner Jacobs said that the County Commissioners will need to start up the library conversation with Chapel Hill again. Also, there was a letter from the Burlington MPO, and the County Commissioners need to have conversations with the MPO. Commissioner Jacobs said that the economic development has started up with the food processing center. There is a company from Wilmington that will be starting to use the facility. Commissioner Jacobs asked for staff to circulate the draft agenda for any intergovernmental joint meetings. Commissioner McKee attended the NCACC annual conference and thought it was interesting. He said that the food processing center is not unique to Orange County and that other counties are venturing into this area. He thought that the networking was an excellent opportunity. Commissioner McKee said that over the last few weeks he has spoken as a private citizen at several groups on the '/4-cent sales tax and encouraged them to consider reasons for supporting that. He will continue to do this. Commissioner McKee said that he rode the light rail in Charlotte and also walked the area around the different rail stations. This gave him a different perspective on the prospect of light rail, but he is not sure it has changed his mind. Chair Pelissier said that she would like to hear about suggested items for the joint meeting with Mebane before she meets with the Manager and Mayor of Mebane. 14. Information Items • June 21, 2011 BOCC Meeting Follow-up Actions List • DRAFT Interlocal Agreement with Durham - Water& Sewer for Eno EDD 15. Closed Session-NONE 16. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adjourn the meeting at 10:25 PM. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board