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HomeMy WebLinkAboutMinutes - 20051018APPROVED 1 211 312 0 0 5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 18, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 18, 2005 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Item 7-a was deferred due to sickness of the Finance Director. PUBLIC CHARGE The Chair dispensed with the reading of the public charge, 2. Public Comments a. Matters not on the Printed Agenda Nerys Levy is a member of the Friends of the Carrboro Library and a member of the 2004 Orange County Library Task Force. She would like to know what kind of progress is being made to implement the 2004 Library Task Farce and asked that the Board of County Commissioners keep in touch with the Friends of the Carrboro Library as the process of implementing the 2004 Task Farce progresses. The Friends are particularly interested in the recommendation for a freestanding library in Carrboro and ask that they be involved throughout, particularly in the process of drawing up a bond to pay for the recommendations. They would like to know which staff member in the County Manager's office should be contacted and worked with. They would like the County Manager's office to keep in touch with them every two months. It has been one year since the Task Farce has presented its plans. The Friends of the Carrboro Library feel that it is now time to implement them. Jahn Link said Library Director Brenda Stephens is the liaison to the Friends of the Carrboro Library and he said that one of the issues is the financing for this branch. Senator Ellie Kinnaird thanked the Board of Commissioners for their continued support for the Carrboro Branch Library at the McDougle Middle School and the Cybrary. She said that for many years the Friends of the Carrboro Library have wanted to move out of McDougle because there are limitations to being in the school. They would like to have a freestanding library. When they did a survey of Carrboro's residents of what they wanted most in downtown, the number one item was a downtown library. They feel that it is a natural flow from the County library. She thanked the Board of Commissioners and Brenda Stephens. Alex Zaffron is a member of the Carrboro Board of Aldermen and he is in support of the request of the Friends of the Carrboro Library for a freestanding branch library. He said that the key public amenity of their downtown revitalization is a downtown library. The missing piece is funding, but the timing would be such that if the Board of County Commissioners were able to put this on the bonds, they could take advantage of the redevelopment that is taking place in downtown Carrboro. There could be a unique partnership between the Town of Carrboro, Orange County, and the people working with them on the redevelopment of downtown Carrboro. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Halkiotis thanked the County Engineer for the Orange County water supply water levels (green sheet} and said that he read an article last week where the Governor has asked 20 counties to conserve water. He wants Orange County to take a position in this matter. He said that he would like to know how the discussions between Orange County and Hillsborough are going regarding water conservation issues. Chair Carey said that the Town of Hillsborough and Orange-Alamance Water Systems have made strides to reduce their reliance on the water from the Eno. He said that the Board of County Commissioners agreed to a plan that would encourage both water users to discuss with the County a mutual agreement that would reduce reliance on the Eno for a longer period of time. He thinks both entities are making good faith efforts to reduce reliance on the Eno and conserve water. Commissioner Halkiotis said that the report that Paul Thames gave them indicated that Lake Orange is six and a half feet below full and is dropping about an inch a day. Chair Carey said that one of the primary agreements is to try and bring all three jurisdictions in compliance with the same conservation measures. Commissioner Halkiotis asked the Manager to consult with Duke Power officials to see what they are using to clear and kill vegetative growth under their power line rights-of-way. It appears that something has been sprayed on the growth. He has seen all of the growth turn brown. He wants to know if there are any environmental consequences to what is being put on it. Commissioner Halkiotis said that he visited a Materials Recovery Facility in Greensboro a few years ago that used people coming out of drug rehab programs as a low-cost labor supply. He also visited a MRF in Charlotte that exploited refugees from Southeast Asia to do the same kind of work. There is also one in Athens, Georgia that uses prison labor. He thought the County had an agreement back then that they would never utilize this kind of facility if it relied solely on low-cost labor. He referred to the Solid Waste newsletter from last week and was surprised that it says: "The pie chart on the left shaves that over 24,000 tans of what could be recycled or composted given current markets is now being landfilled." He wants to know haw this was figured out. He read this as someone making an argument far opening a MRF in Orange County. He wants to knave who is pushing far a MRF and why. He is not going to support anything that uses a labor pool based on misery. He would like a report on haw this 24,000-ton number was achieved and how accurate this number is. Commissioner Halkiotis said that he talked with Brenda Stephens about libraries in the Gulf that needed assistance. He would like to ask both school systems to donate old textbooks to send to them. He asked the Manager and Brenda Stephens to look into this. He has heard that there is someone that may ship these books for free. Commissioner Halkiotis said that tomorrow, October 19t", the Home Depot opens in Hillsborough. He said that Economic Development Director Dianne Reid has started a Shop Orange First campaign and he thinks it would be nice to encourage residents to shop at this Home Depot. Commissioner Halkiotis said that he was cleaning out some old papers at his home and asked if they have resolved the issue about Confederate Memorial Day and their desire for Orange County to fly the Confederate battle flag over the courthouse. He thought this was supposed to be sent to the Human Relations Council for an opinion. He thinks that the only flags that should be flown aver the County courthouse are the United States flag, the North Carolina flag, and the Orange County flag. He wants to resolve this issue before the spring because they have been back two years in a row. Chair Carey said that he thought that they had contacted the leaders of the group and indicated that they would not fly the flag. Jahn Link said that the communication was to not act on the resolution this year. Commissioner Halkiotis would like to have a flag policy. Commissioner Jacobs suggested checking the minutes. Commissioner Gordon said that the last time she reported on the DCHC-TAC, she said that the Secretary of Transportation did not approve the 2006-2012 TIP. There was no official communication until October 3~d by fax. The TAC staff did meet with DOT staff and DOT staff did apologize far what had happened. Somehow the plan was not reviewed soon enough to get back to the TAC. They discussed this at the October TAC meeting and tried to figure out what happened. One of the main sticking points had to do with adding the bicyclelpedestrian projects to the scope of some projects. There were some compromises, but the new approach was accepted and approved. Commissioner Gordon said that they also talked about the regional priority list for the 2007-2013 TIP, but no action was taken. There will be time for the jurisdictions to comment before the next meeting. Commissioner Gordon reported on the work session of the Triangle Transit Authority. The mock up of the new vehicle has been on display. There is still not a full funding grant agreement, but the company is enthusiastic and designed the vehicle, which is the first FTA fully compliant vehicle. She said that they have been working hard with FTA on the new model which shows reduced ridership compared to the old model. It meets the old federal guidelines for cost effectiveness, but not the new guidelines. They are turning in the New Starts proposal and are trying to negotiate that they be allowed to comply with the old guidelines for cost effectiveness and not the new guidelines. Commissioner Jacobs said that the Board talked about its many construction projects last night, and it unanimously directed staff to come back with a resolution endorsing the concept of partnering with the Town of Carrboro to build a freestanding library. He added that Purchasing and Central Services Director Pam Jones has been taking references for possible sites. Commissioner Jacobs made reference to the water issues, and said that he thought that it was striking that Hillsborough voluntarily agreed to maintain a level in Lake Orange. Commissioner Jacobs made reference to the Duke Power issue and said that today there were three tour groups in Orange County far the Fourth Annual Small Farms Conference. There are a lot of organic farmers in Orange County. He said that Duke Power would say that there are no health consequences for what they put on the growth in the rights-of-way. He thinks they should be sensitive in an area where people may not even know where spraying has taken place. He hopes there is more active communication. Commissioner Jacobs said that the solid waste issue needs to be addressed and he attended a solid waste meeting the other night, and they are setting up tours of Material Recovery Facilities (MRFs). The Solid Waste Director has been talking about taking solid waste to MRFs outside of the County and said that paying slave wages is part of the price of doing business. He does not think this reflects the County's values. He does not even want to visit a place that has these kinds of values. He thinks the Board should give very specific direction to the staff about what is acceptable. John Link assured the County Commissioners that those statements do not reflect his philosophy. He has made sure that staff knows how the Board of County Commissioners feels about MRFs. As far as he is concerned, they are talking about additional processing to increase recycling done by County staff. The last item on the agenda is the slide presentation made to the Solid Waste Advisory Board in September. This would be a good time to make this issue clear. Commissioner Jacobs said that on October 25th at the Friday Center, NC Warn is hosting a forum on safe, economical electricity in North Carolina. Also, October 27th is the RSVP luncheon at the Friday Center. On October 30th, the County Commissioners are invited to the dedication of a new soccer complex in Mebane. Also, on October 30th, the annual meeting of the Hillsborough Historical Society will have a presentation of Racing and Religion regarding the Occoneechee Speedway. Commissioner Jacobs said that they should take a moment to appreciate that the Orange County Partnership for Young Children and the Chapel Hill-Carrboro Chamber of Commerce recognized Orange County government as a family friendly employer for 2005. Commissioner Jacobs distributed Buy Local stickers. Commissioner Jacobs said that he and Chair Carey met with a representative from Senator Burr's office. They spoke about the committees that Senator Burr serves on and any time there is a dedication, they should invite Senator Burr. The representative said that Senator Burr would very much like to attend these types of events. Commissioner Jacobs said that there is a new display at the Whitted Building on "Nothing to Hide", which is about mental illness. Citizens should be encouraged to visit this display while they are at the library. Commissioner Jacobs said that they all received OWASA's Sustainability Report and he congratulated OWASA for what it is doing. Commissioner Jacobs recognized Economic Development Director Dianne Reid and her two guests -Vance Agee and Melvin Stanley. Dianne Reid said that she was at a conference last week and the topic was sports and economic development, and there was a report on sports in North Carolina and the cost benefits. One of the places mentioned was Orange County Speedway and her guests tonight will be reopening the Orange County Speedway. She gave same history of the speedway. Bath of the men are natives of Meadows of Dan, Virginia and are graduates of Virginia Tech with mechanical engineering degrees. They have purchased the property. Melvin Stanley said that they are both from Meadows of Dan, Virginia and they have been working on this acquisition for months to get the speedway returned to an active schedule. He grew up in an automotive machine shop. There are same improvements to be made to the track. They have had some practice turns from some of the drivers in the area and there are commitments from other drivers to come and use it. His primary activity will be financial/business and moral support. Vance Agee will be the operations manager. Mr. Stanley said that they wanted to stage a couple of events this year, but due to unforeseen circumstances it may not be possible. There has been a lot of support in the area for the speedway. All County Commissioners are invited to attend any of the special events along with TV crews. Tomorrow three TV stations are going to come as well as several local drivers. They are waiting an the bleachers before they commit to a start-up date. He continued speaking about his background and Mr. Agee's. Commissioner Foushee arrived at 8:30 pm. Chair Carey said that with mental health reorganization and funding, they are going into a crisis mode because they were told that the Secretary was going to create aten-region area and also would cut $28 million from the mental health budget. Several meetings have convinced the Secretary to reduce the cuts by $14 million. There is an email dated today from Judy Truitt that will be forwarded to the County Commissioners. Commissioner Jacobs asked if the possibility that they may be combined with other counties is still on the table and Chair Carey said yes. The difference is that the Secretary has given the counties until January or February to do the reorganizations among themselves. OPC will have to re-discuss how its role will evolve. The question is who would be the regional agency. Commissioner Foushee - na comments. 4. County Manager's Report John Link asked their new Executive Director of the Chapel Hill-Orange County Visitor's Bureau, Laurie Paolicelli, to come forward. Her past position was as the Senior Director for Corporate Communications for the American Heart Association in Ohia. He described her background. She also has experience in the visitor's industry. Laurie Paolicelli said that she has been here for one week and she hopes to produce a tourist package. The County Commissioners welcomed her to Orange County. Commissioner Jacobs said that he was glad far her to be here to hear the presentation about the acquisition of the speedway. He was talking to Dianne Reid about the economic impact of sports in Orange County, and that retail sales went up 20% after UNC won the NCAA basketball championship. He hopes to be able to build on the sports prominence and attract more tourists. John Link said that there has been increasing interest in the flu season and the flu vaccine and Health Director Rosemary Summers was present to bring them up to date on this issue. Rosemary Summers said that they are now vaccinating high-risk individuals far seasonal flu. The categories include people over age 65, residents of long-term care facilities, people age 2-64 with some high-risk conditions, children age 6-23 months, pregnant women, healthcare workers, and household contacts and out-of-home caregivers for the very young children. These are being vaccinated until October 24t". This year, there will be two large flu vaccination events -one an November 5t" at Smith Middle School and one November 12t" at Cedar Ridge High School. This will also be practice for the mass vaccination protocol that has been developed. They hope to vaccinate 700 people each of these days. She described the flu vaccine and the viruses that it protects against. She then described the avian flu, which is limited to three birds -turkeys, chickens, and ducks. The strain that is of concern is naturally occurring in all wild birds. It is just confined to the bird population and the human cases have occurred in poultry workers. There is no or very little human-to-human transmission of the avian flu virus. Commissioner Gordon asked for an explanation of the concern of the avian flu and if it is because of the mortality rate. Rosemary Summers said that they are concerned about the mutation of the virus to humans and they do not have a vaccine to prevent it. She said that there has been a history of an avian virus mutating, and sometimes they never da. She thinks the concern is because of what is happening in Southeast Asia. It is not more deadly, but there is no vaccine for it. John Link reported on the distribution of the brochures about the potential Orange County Schaals district tax. Brochures have been delivered to country stores, grocery stares, fire departments, solid waste convenience centers, and they will be working with OCS to get brochures to students. He has spoken to the Rotary Club and he will also speak to several other civic clubs. The first forum is tomorrow night at the Northern Human Services Center and the second one is on November 1St at the F. Gordon Battle Courtroom. Both are at 7:00 p.m. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes of the June 23, 2005 BOCC meeting_ b. Appointments-NONE c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 67 requests for motor vehicle property tax releases or refunds. d. Approval of School and County Capital Project Ordinances This item was removed and placed at the end of the consent agenda far separate consideration. e. Application for Emergency Management Performance Grant tEMPG) The Board authorized submission of a grant application to the North Carolina Division of Emergency Management Agency to help support the Orange County Emergency Management program; and approved the Manager and Emergency Management Director signing the application documents. f. Boundary Survey for Keith Conservation Easement and Exemption from Selection Process The Board authorized the hiring of ENT Land Surveys, Inc., for completing a boundary survey of the Charles Keith property for which Orange County is purchasing a conservation easement and to exempt the County from the provisions of G.S. 143, Article 3D in order to expedite survey work needed for the proposed easement acquisition. g_ Authorize Expansion of Contract for Social Work Services Between Orange County Schools and Orange County Department of Social Services The Board approved the expansion of this contract effective December 1, 2005 and authorized the Chair to sign the contract subject to final review by staff and the County Attorney; and effective December 1, 2005, authorized creation of three new permanent full-time equivalent social worker positions and one permanent full-time equivalent supervisor to be funded through the contract and contingent an the continuation of the contract funding with non-County dollars. h. Petition for Addition of Subdivision Roads in Eno Woods to the North Carolina State Maintained System This item was removed and placed at the end of the consent agenda for separate consideration. i. Budget Amendment #3 The Board approved budget ordinance amendments far fiscal year 2005-06 for Environment and Resource Conservation, Countywide Departmental Budget Reductions, and Non- departmental. L Board of Commissioners Meeting Calendar for Year 2006 The Board approved the final schedule of regular meetings far the Board of County Commissioners for calendar year 2006. k. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting schedule by adding a meeting on Wednesday, November 9, 2005 at 5:30 p.m. {prior to the 7:30 p.m. Work Session) at the Government Services Center in Hillsborough, N. C. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS TO BE REMOVED FROM CONSENT AGENDA: d. Approval of School and County Capital Project Ordinances The Board considered approving School and County capital project ordinances for fiscal year 2005-06. Commissioner Gordon said that she noticed on the Soccer Superfund that it was $2.5 million, but it is only $2 million. Budget Director Donna Dean said that Commissioner Gordan is correct and it should be $2 million. She suggested pulling the Soccer Superfund and the West Ten capital project from this item. The corrected versions will be brought to the next meeting. Commissioner Gordon suggested holding the entire list. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve both school systems' capital project ordinances and to bald the Orange County's capital projects ordinance over to another meeting. VOTE: UNANIMOUS h. Petition for Addition of Subdivision Roads in Eno Woods to the North Carolina State Maintained System The Board considered a petition to add subdivision roads in Eno Woods subdivision to the State Secondary Road System. Commissioner Jacobs wants to vote against this because there is no money for pedestrian and bike facilities but DOT is spending money on repaving. John Link said that they recommend for the County Commissioners to approve this until such time that the Board of County Commissioners can revisit this issue. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve a petition to add subdivision roads in Ena Woods subdivision to the State Secondary Road System and to revisit this issue. VOTE: Ayes, 4; Na, 1 (Commissioner Jacobs ) 6. Resolutions or Proclamations-NONE 7. Special Presentations a. Certificate of Achievement for Excellence in Financial Reporting The Board was to consider recognizing the staff of the Orange County Finance Department for earning the Government Finance Officers' Association (GFOA} Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2004. DEFERRED 8. Public Hearings a. Public Hearing On SportsPlex Financing The Board conducted a public hearing an matters related to financing the acquisition of the Triangle Sportsplex, as approved by the Board of Commissioners an September 20, 2005 and considered adopting a resolution that authorizes the financing. Rod Visser said that last week the Hillsborough Board of Adjustment heard the County's application and this was unanimously approved for the addition to the building for the senior center. At the November 2"d meeting, they will bring back a proposed Facility Management Agreement. Also, the Local Government Commission is required to review the proposed financing and approve it. The LGC will need the County's audit from fiscal year 2004-200b and the deadlines do not match up because the contractor is still working on the County's audit. This will push back the LGC review a few weeks. Regarding the financing of the Sportsplex, the County is proposing to borrow $6 million for the acquisition of the Sportsplex, and $300,000 of that will return to the County at closing to be set aside for maintenance issues. The County received favorable interest rate quotes and the staff is recommending that the County Commissioners approve a resolution that would have the Bank of America provide financing at a rate of 3.1 ~°~. Commissioner Gordon asked if the County was still saving money since this was shart- term and Rod Visser said yes. There was no public corr~rrrent. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the proposal from Bank of America and adapt the accompanying resolution, which is incorporated by reference. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Master Aging Plan Update Task Force: Approval of Charge, Membership and Timeframe The Board considered a proposed charge, membership composition/appointments, and timeframe for preparing an update of the Master Aging Plan, including the designation of two Board of Commissioners to serve on the steering committee. Department on Aging Director Jerry Passmore said that Jack Vagt wants to be included in this task force. There will be 75 people who volunteered, and an effort was made to put them in the group of their first choice. They will bring back more appointments on November 2"d Commissioner Foushee asked if there were any specific plans for recruiting target groups. Jerry Passmore said that they have used the Board of County Commissioners' office through the normal channels and through organizations and groups and people are aware of this, but they need to fill out farms. Commissioner Foushee said that the faith community and Latino groups should be targeted far recruitment. Jerry Passmore said that they would do this. Commissioner Jacobs and Commissioner Gordon asked to serve on this task force. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the proposed charge, membership composition/appointments, and timeframe for preparing an update of the Master Aging Plan, including the designation of two Board of Commissioners (Commissioner Gordan and Commissioner Jacobs} to serve on the steering committee; and to also include Jack Vogt. VOTE: UNANIMOUS b. Contract Approval: Construction Manaaement Services for Southern C~ranae Senior Center The Board considered approving an agreement with Jeff Thompson through LEDAHF, Inc. to provide construction management services for the Southern Orange Senior Center, subject to approval of the County Attorney and staff, in the amount of $35,000, plus reimbursable expenses; and authorizing the Chair to sign on behalf of the Board. John Link said that they are asking the County Commissioners to approve an agreement with Jeff Thompson as project construction manager for the Southern Orange Senior Center project. Purchasing and Central Services Director Pam Jones said that they have several projects on board and this is the first time that they have had a construction manager outside of a staff person. On the second page of the abstract, it outlines the general duties that Jeff Thompson will be doing, and she reviewed this information. He will provide on-site construction management for Orange County and he will attend all of the meetings in place of the owner (Orange County) and will represent Orange County. This is a $35,000 contract and will be funded from the project management account, which was $100,000 set aside in the general fund budget - $60,000 for school projects and $40,000 for County projects. Commissioner Halkiotis said that he endorses this. He has seen good and bad construction managers and he would like to see, as Jeff Thompson begins the work, some type of electronic communication that automatically comes to the County Commissioners, which would include minutes of the construction meetings and a digital photo history of the project. He wants to do this in a paperless way. Commissioner Jacobs agreed with Commissioner Halkiotis and said that the mare they can document the process, the more they can evaluate this process of using an outside construction manager. Commissioner Gordon asked about the team providing the services and how this position would fit in. Pam Jones said that they would outline this information at a later time. Commissioner Gordon made reference to the agreement for project management services on page four, #5 and Cast and Expenses. She read the last line: "All reimbursement requests will be combined and diluted with all other Project Work contracted between the Client and LEDAHF (i.e., the Triangle Sportsplex and the Central Orange Senior Center Project)." She asked what this meant and Pam Jones said that Jeff Thompson would split the costs between the two projects. Commissioner Gordon said to spell that out in the agreement. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve an agreement, with corrections, with Jeff Thompson through LEDAHF, Inc. to provide construction management services for the Southern Orange Senior Center, subject to approval of the County Attorney and staff, in the amount of $35,000, plus reimbursable expenses; and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS c. Orange County Soccer Center Site Plan ReyisionlElectrical Easements The Board considered: 1) revision of the concept plan site plan approval far the proposed Orange County Soccer Center (OCSC} in order to allow Duke Power Company to install sub-feeder distribution power lines above ground in the Buckharn Area EDD; and 2) granting Duke Power Company easements on the OCSC property, the aboveground one of which to be generally parallel to the western property line, to allow for installation of aboveground sub feeder distribution lines; authorizing the County Manager and County Attorney to finalize the precise location of the easements; and authorizing the recordation of the easement document. John Link said that about two weeks ago, he, Commissioner Halkiots, Chair Carey, Planning Director Craig Benedict, and other staff met with OCS officials, Duke Power, and Piedmont Electric to work on an alternative that would provide underground electrical service to the new middle school, while at the same time allowing the intent of the special use permit requiring underground service remain intact and still be able to provide the service at a reasonable additional cost to the school system. From that meeting, they agreed on the alternative of this item. They think they have an acceptable plan, which will allow the school system to continue its schedule to have the middle school finished on time. Craig Benedict showed an enlarged aerial photo of this area and described the new routing of electrical lines and poles. There will have to be some tree removal on the school property for the new routing. This is still consistent with the special use permit. At the corner of the Orange County park, the line would take a 90-degree turn and go south. There is a vernal pool and the lines would not go through this, but would go over it. In the future, if there are any thoughts for underground lines on the park property, they would suggest that the lines be routed around the pool to the east and then back to the concession stand. At this point, the service to the middle school would go underground. If the Board were so inclined to allow overhead lines an the Orange County park property, the EDD design standards would be amended for the site plan for the Orange County park. If so, then easements can be dedicated by Orange County to give to Duke Power to locate the overhead lines. There are time constraints because of the construction schedule of the school. There is a resolution, which is on page three of the abstract. Commissioner Gordon asked some clarifying questions that were answered by Craig Benedict. Commissioner Gordon asked if it was recommended that the EDD manual be changed to be specific so that all service lines would be underground, but sub feeder and transmission lines would be above ground. Craig Benedict said that they are suggesting at this time to resolve the issue at hand and then work an the manual at a later time. Commissioner Halkiotis said that it is interesting that the County is much more concerned about the vernal pools than the original owners of this property that literally destroyed it with tree removal equipment. He asked if there were any provisions in N.C law to protect rare animal and plant species and Craig Benedict said that this is a question for Forestry. He thinks that the best management practices in forestry need to be reviewed to have more in depth investigations. Commissioner Halkiotis said that a member of the OCS Board was quoted in the press and she claimed that the power lines were a health hazard to children. County Engineer Paul Thames said that the latest scientific documentation says that these lines do not represent a health hazard. Commissioner Jacobs asked Environment and Resource Conservation Director Dave Stancil about whether this proposal is consistent with his department's analysis and Dave Stancil said yes. They walked the property boundary last week and there is still a significant oak hickory forest and the vernal pool probably does not support the same sort of habitat that it did previously. Over time, if the property remains undisturbed, then successful vegetation will allow that to change. They wanted to try to avoid placement of any electrical poles in the vernal pool area. They did not address underground lines, but they can. Commissioner Jacobs said that on page 10 there is a jog at the top of the map where the trees are, but the current map has the line going right through the trees. He asked why it is straight and said that he would like to jog it at the northwest corner. Craig Benedict said that this was based on a conversation with DOT and Duke Power. The final orientation will be the least intrusive as possible in this area. DOT is concerned about having a pole on their right-of- wayand within the roadside recovery area. Commissioner Jacobs said that he is concerned about having very clear price quotes in advance for underground lines to the County. He would like to know how Duke Power would propose to maintain the right-of-way and whether they are going to use chemicals. He would not leave it up to their judgment as to where the poles go. He would be more comfortable if ERCD was in every discussion with the staff and Duke Power. John Link agreed with Commissioner Jacobs and said that the vote should include these expectations as part of approving the easement. As the County says yes to an easement, it should be contingent upon certain things. Geof Gledhill said that in the second "Be it Further Resolved", he would add the idea of haw the easement would be maintained (chemicals}; haw ERCD will be involved with Duke Power, DOT, and Orange County on the design of the easement; and that the Board needs to know the cost of construction of overhead lines and the cost to make this an underground system at a later date. Commissioner Gordon asked Geof Gledhill to write out this language. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the revision of the concept plan site plan approval for the proposed Orange County Soccer Center (OCSC} in order to allow Duke Power Company to install sub-feeder distribution paver lines aboveground in the Buckhorn Area EDD; and 2) grant Duke Power Company easements on the OCSC property, the above ground one of which to be generally parallel to the western properly line, to allow far installation of aboveground sub feeder distribution lines; authorize the County Manager and County Attorney to finalize the precise location of the easements and to authorize the recordation of the easement document and to include the 4 revisions in the resolution: add language about chemicals/maintenance of easement; haw ERCD will be involved with Duke Power, DOT and Orange County and the siting of easements; and that the Board needs to know the cost of construction of overhead lines and how much it would cost to make this an underground system at a later date. VOTE: UNANIMOUS d. Proposed Energy Conservation Manager Appointment The Board considered authorizing the appointment of a County employee to serve as the Energy Conservation Manager to provide leadership, analytical, monitoring, coordination and communication support to the County's energy and water conservation initiative. John Link said that over the last 4-6 weeks Commissioner Halkiotis has worked with staff to look at methods of saving energy, etc. Tonight the staff is asking the Board to consider approving the Energy Conservation Manager. This is not a new position but would be an addition to an existing employee's work. The job description was examined by the group at the last meeting. They will bring back the energy milestones recommended far adoption at the first meeting in November. Commissioner Halkiotis commended Personnel Director Elaine Holmes for putting this job description together. He said that he spoke with someone this week in Texas who has 1800 school systems nationwide signed up to do energy conservation. This man has an appointment with Catawba County to talk about a pilot program, and if they are not interested, then he wants to come and work with Orange County. He made reference to the $15,000 and said that he is convinced that the first year's savings would be more than this. He said that once you change the culture, you would be able to see significant savings. Commissioner Foushee said that she supports this, but she is concerned that this position may require more than 10-15 hours a week. She wants to make sure the person is not overwhelmed. She suggested doing it for just one year. Commissioner Jacobs suggested revisiting this during the budget cycle with regard to the time this position is taking. John Link said that he had same reaction as Commissioner Foushee and they need to agree collectively what areas this person would work on. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to authorize the appointment of a County employee to serve as the Energy Conservation Manager to provide leadership, analytical, monitoring, coordination, and communication support to the County's energy and water conservation initiative. VOTE: UNANIMOUS e. Policy on Salvage/Scavenging of Items at Solid Waste Convenience Centers The Board considered approval of a proposed policy governing the removal of items from salvage sheds and from bulk disposal sections of Orange County's Solid Waste Convenience Centers (SWCCs). Rod Visser said that this is a formal written policy related to salvaging and scavenging materials from the County's Solid Waste Convenience Centers. They are also looking far a policy so that all attendants will have a clear understanding. Another consideration is to preserve the value of items dropped off that can be recycled. The Solid Waste Advisory Board adopted a resolution at the September meeting endorsing the creation of such a written policy. Commissioner Halkiotis said that he would be in violation of some of these things because he has been in conversations that have lasted longer than 15 minutes at the solid waste convenience center. He said that he has never seen people being abusive to staff. He has seen people loading up lawnmowers that were not in the salvage shed to work on them, and he sees that as part of recycling. He plans to vote against this because they have encouraged people to recycle and visit the convenience centers. Rad Visser said that they agree with Commissioner Halkiotis in terms of the philosophy of recycling, but it is a question of having a set of guidelines that allows people to do it safely and in a way that does not adversely affect others trying to use it. He commended the SWAB members for spending hours at the sites and observing the conditions that were reported. Commissioner Jacobs said that he was at the SWAB meeting where this was adopted and he remains ambivalent to this resolution. Chair Carey said that he also has some ambivalence on this, but he knows that rules should be established. He has seen same touchy situations at the Eubanks Road site. He agrees that there need to be some rules. John Link recommended coming back with an amended policy or statement of expectations that is more concise so that citizens can see what the rules are. This item was deferred. Commissioner Jacobs would like to gather public response and put up pending rules in the meantime and see the reaction. f. Appointments (1j Orange Unified Transportation Advisory Board The Board considered making new appointments to the Orange Unified Transportation Advisory Board. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to appoint Robert Peterson from Chapel Hill Township, to the Orange Unified Transportation Advisory Board with a term expiring September 30, 2006. VOTE: UNANIMOUS (2) Transfer of Development Rights Taskforce -One New Appointment The Board considered making new appointments to the Transfer of Development Rights Taskforce. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Michael Gering from the Town of Hillsborough, to the Transfer of Development Rights Taskforce. VOTE: UNANIMOUS 10. Reports a. Solid Waste Management Plan Update Process The Board was to consider receiving a report on a discussion at a recent Solid Waste Management Plan Work Group meeting regarding recyclable materials remaining in the waste stream that are currently being landfilled, but are available for recycling. DEFERRED Commissioner Jacobs said that he would like to bring up previous topics related to this. Chair Carey said to put it at an earlier point in the agenda. 11. Closed Session A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to go into closed session 10:25 p.m. for the purpose 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). (Chen property for the purpose of solid waste) VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to reconvene into regular session at 10:50 p.m. VOTE: UNANIMOUS 12. Adiaurnment A motion was made by Commissioner Halkiatis, seconded by Commissioner Jacobs to adjourn the meeting at 10:52 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna 5. Baker Clerk to the Board