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HomeMy WebLinkAboutMinutes - 20051205APPROVED 1/24/2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 5, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 5, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen Halkiotis, COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill 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. Board Oraanization Chair Carey called the meeting to order and said that this was the first meeting in the new Board year, and they must make decisions on the Board leadership. The Clerk distributed the ballots. a. Election of Chair and Vice-Chair Chair: Vote: Commissioner Jacobs - 3 Commissioner Halkiotis - 1 Commissioner Carey - 1 Vice-Chair: Vote: Commissioner Halkiotis - 3 Commissioner Gordon -1 Commissioner Foushee - 1 b. Desianation of Votina Deleaate for all NCACC and NACo meetinas for Calendar Year December 1, 2005-2006 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Chair Jacobs as Voting Delegate far all NCACC and NACo meetings far Calendar Year December 1, 2005-2006 VOTE: UNANIMOUS Appointments a. Manager A motion was made by Commissioner Halkiotis, seconded by Chair Carey to reappoint John Link as Manager of Orange County. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to reappoint Donna S. Baker as the Clerk to the Board. VOTE: UNANIMOUS c. County Attorney A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to reappoint Geoffrey Gledhill as the County Attorney. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda Chair Jacobs reviewed the various documents and revisions. The aquamarine sheet is an update on water supply water levels. He asked County Engineer Paul Thames if the County was still in a drought and Paul Thames said yes. Paul Thames said that the County is still seven inches below normal for the year in rainfall. Lake Orange is still five feet below full. The bright yellow sheet is a report on fleet fuel cost usage and efficiency. The lavender sheet is an additional applicant far the Central Orange Senior Center Design Committee. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Carey said that the Board received an update on the changes in the mental health community in the State. Not much has changed since the last discussion. He thinks that the OPC LME is still moving forward to try and comply with the Secretary's request, even though the association of community agencies has made a counter proposal to her that would comply, but over a longer period of time. The OPC LME is discussing the possible merger of same functions. There will be mare information forthcoming on this. Commissioner Carey said that Orange County received a recognition award from the group of federal government agencies on homelessness. He said that Orange County is one of two counties in the state that is moving forward to develop a plan to eliminate homelessness in the next ten years. Commissioner Foushee said that she and Commissioner Carey represented the Board at the Childcare in Today's Workforce meeting. The purpose was to engage the business community in a conversation regarding quality and affordable childcare in Orange County. She said that the participants in the meeting would like to see an ongoing conversation in the County regarding affordable, quality childcare and would like to see a task force convened by the Board of County Commissioners. Commissioner Halkiotis requested that the Manager present the County Commissioners with a list of financial accomplishments by members of County government. He referred to the Manager's memo, which described the work of Milan Pham and the Human Rights and Relations Department and money coming back to the County. He would like to see a list of people that have saved money or made money for the County by doing something extraordinary. Commissioner Halkiotis said that he met with the Sheriff last week and he asked about a truck parked for the special response team. This was a donation from a citizen and he would like to recognize the Sheriff for this. He thinks the Sheriff has also pulled in money from the U.S. Marshall's office. He suggested that the Space Needs Committee add the jail to the list of things to look at to see if the jail is at maximum capacity. He said that the Sheriff is going to put together a list of all of the things he has done. Commissioner Halkiotis thanked Assistant Caunty Manager Gwen Harvey because she found a county in Mississippi that needs assistance from Hurricane Katrina. He is going to work with Gwen Harvey to put together a package to help these people. Commissioner Halkiotis asked John Link to help him understand what is going on with the middle college being an alternative to the traditional high school. He said that OCS is having discussions about their alternative school serving suspended students along with students who may want to go there as an alternative to high school. He thought this was what middle college was for. He wants to know how many alternative programs the County will be asked to fund. He agrees with Liz Brawn far voting against this proposal because she said that the building is starting to determine what the program is going to be. He thinks it is bad to design a program to fit the building that will be built. He asked John Link to follow up on this. John Link said that he understood that the alternative school was for students with behavioral problems and that the middle college was for students that were not adapting to the regular curriculum. Commissioner Carey said that the middle college concept has not changed. He thinks that the total enrollment being planned is over 1 Q0. Commissioner Halkiotis said that CHCCS has very effectively used mobile units on their Lincoln Center ground. Commissioner Gordon said that she attended the TTA meeting and that both Senator Dole and Congressman Price had written letters in support of TTA using the guidelines in which the rail project was designed. They were also told that TTA would receive an additional $20 million. Commissioner Gordon said that she and Commissioner Jacobs were at the kickoff of the Master Aging Plan program. Commissioner Gordan said that the two Transportation Advisory Committees, CAMPO and DCHC, had a joint meeting. One of the topics discussed was the development of the motor vehicle emission budgets which will be decided by the State after receiving local input. The State is recommending that it be done county by county. The two MPOs are going to try and came up with a position. Chair Jacobs asked to have a moment of silence in memory of Gordon Warren, who was on the Intergovernmental Parks Work Group, the Ag Center Work Group, the Ag Preservation Board, the Cattlemen's Association and Eno River Association. He was very dedicated to the welfare of Orange County. He passed away last night. Chair Jacobs suggested that he write a letter of thanks to Senator Dole and Congressman Price far supporting TTA. Chair Jacobs said that he and Commissioner Gordon met with the Master Aging Plan program, which wan a statewide award for its foresightedness and forwardness. It is a five-year plan and there were about 70 volunteers. They will come back with recommendations in the summer ar fall for the next five-year cycle. One of the first items to be addressed is to look at what was recommended and accomplished and not accomplished. Chair Jacobs said that many of them were at the Cooperative Extension breakfast this morning and that they learned a lot about what they were working on, including bringing awareness about energy conservation for people in their homes. He thinks the Board should be proud for picking up the funding far the breastfeeding program that the federal government dropped. Orange County has the highest breastfeeding rate in North Carolina. Chair Jacobs said that he was at an event for Habitat for Humanity and he spoke to the new president, Sue Harbin, about the Hand-Me Ups store and encouraged them to get in touch with the Manager and set up a meeting to share ideas about partnering. Chair Jacobs suggested that Board members contact the Clerk about possibly moving the retreat from Saturday, January 21St to Friday the 20t" or Friday the 27t". This would enable staff to not take a day away from their families and would also allow one of the Commissioners to avoid a conflict that would make them unable to attend. Commissioner Halkiotis said that he would be willing to do either Friday. 4. County Manager's Report John Link asked Recreation and Parks Director Lori Taft and her staff to come forward for the award the department staff received recently. He said that they were awarded by the North Carolina Recreation and Parks Association the Arts and Humanities Award for this year. This is related to the outstanding performance series this past year {jazz festival, gospel festival, bluegrass festival, etc.). Lori Taft introduced her staff. She particularly recognized James Hester, the Recreation Services Director, who was responsible for the ideas of the programs. John Link introduced County Attorney Geof Gledhill, who made a point on a legal matter. Geof Gledhill said that earlier this year CHIP Orange County, Inc., a corporation doing business mostly in Chapel Hill sued Orange County and the Town of Chapel Hill because of a permitting "no person's land" that the corporation found itself in as a result of the transition from Orange County zoning to joint planning zoning. During a closed session the Board authorized him to negotiate on behalf of Orange County and with Chapel Hill on some of this litigation. He said that a settlement was reached consistent with the Board's authorization and he will file this with the Clerk along with the minutes as required. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Chair Carey to approve those items an the consent agenda as stated below: a. Minutes The Board approved the minutes from the October 3, 2005 regular meeting as submitted by the Clerk to the Board. b. Appointments (1) Commission for the Environment -Reappointments The Board reappointed Johnny Randall and Michelle Kempinski to the Commission for the Environment, to first full terms expiring December 31, 2008. (2) Orange Person Chatham Area Programs Board -One Reappointment The Board reappointed Sandra Grey Herring to the OPC Area Board. c. Property Tax Refund The Board adopted a refund resolution, which is incorporated by reference, related to one {1} request for property tax refund in accordance with the N.C. General Statute 105-381. d. Property Tax Releases The Board adopted a resolution that is incorporated by reference, to release property values related to four (4) requests for property tax release in accordance with the N.C. General Statute 105-381. e. Property Value Changes The Board approved value changes made in property values after the 2005 Board of Equalization and Review adjourned. f. Personnel Ordinance Revision -Drug and Alcohol Testing The Board approved a revision to the Orange County Personnel Ordinance to implement the new State law effective December 1, 2005 requiring that the County report any positive drug or alcohol test for an employee in a Federal Transportation Administration {FTA) safety sensitive position to the North Carolina Division of Motor Vehicles, effective December 1, 2005. g_ RFP Award: Surveying at Landfill The Board awarded an RFP for miscellaneous survey work as required for Solid Waste Management operations to Summit Consulting Engineers of Hillsborough, North Carolina for a period of three years with the option of extending the agreement an additional three years and authorized the Manager to sign. h. Budget Amendment #6 The Board approved budget and grant project ordinance amendments for fiscal year 2005-06 for Department of Social Services, Department on Aging, Cooperative Extension, Solid Waste Enterprise Fund, and Gravelly Hill Middle School Capital Project. i. Approval of Subordination Agreement Related to Hurricane Floyd Mitigation Program The Board approved an agreement related to a bank loan against property acquired by homeowners who participated in the federal Hazard Mitigation Grant Program {HMGP) following damage to their property during Hurricane Floyd in 1999 subject to final review by staff and the County Attorney, and authorized the Chair to sign. L Draft Environmental Responsibility Goal The Board adopted the Environmental Responsibility in County Government goal. k. Examination of Bonds The Board maintained the bonds at their present levels. I. SportsPlex Management Agreement and Purchase Agreement Amendments This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: I. SportsPlex Management Agreement and Purchase Agreement Amendments The Board considered final approval of an agreement with Recreation Factory Partners to provide operational management of the SportsPlex, and to approve amendments to the agreement to purchase that property from RT Holdings, Inc. (RT Holdings is a corporation created by Eaton Vance for the purpose of owning and operating the SportsPlex); and authorize the Chair to sign agreements, subject to final review by the staff and the County Attorney. Commissioner Gordon made reference to pages 12-13 and the definition of "operating revenue benchmark". She would like an explanation of how the operating revenue benchmark works. She said that this influences how to word the management agreement for the facility. Rod Visser said that the idea behind a revenue benchmark is to set a target as part of the annual budgeting process. The point on page 13 about if there was some action taken that should adversely affect revenues or expenses, then an adjustment could be made. An example would be if after the Board of County Commissioners adopted their budget, and then the Board might want to change the policy, that might affect the revenue. Commissioner Gordon asked what if the Board of County Commissioners did something that improved the performance. She said that it should be a neutral statement on page 13 instead of saying "adversely affects." Geof Gledhill suggested removing the word "adversely" and "reduced" from this section and Commissioner Gordon and the other Commissioners agreed. Commissioner Jacobs made reference to the issue about the food services. It is his understanding that RFP is amenable to working with the County. He suggested inviting Economic Development, Cooperative Extension, and Healthy Carolinians to talk about food services and to work with Recreation Factory Partners on this. Rod Visser said that they talked with RFP and they were open to discussion. Commissioner Halkiotis asked about the County or County affiliated organizations using the facility and if the agreement addresses this. Rod Visser said that the management agreement would address this. It also recognizes the passibility that there may be additional revenue towards the operation. Geof Gledhill said that this is correct and generally this agreement places the management of the facility with RFP, but it does provide for constant involvement by the Board of County Commissioners and to accommodate County functions and public service functions. Commissioner Gordon asked John Link and Geof Gledhill if, in their professional opinion, this agreement was a good one for Orange County and they bath said yes. Commissioner Carey asked about the year history budget on page 43 and the $49,200 and where this came from. Rod Visser said this figure reflects RFP's proposal of haw much additional cash flow will be needed where operating revenues will not cover expenses for the year. Chair Jacobs asked how they are communicating with the present Sportsplex staff and Rod Visser said that they would be meeting with them tomorrow. John Schott from RFP said that they always look for cooperation with local entities. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve, with word changes as agreed to by the Commissioners, an agreement with Recreation Factory Partners to provide operational management of the SportsPlex, and to approve amendments to the agreement to purchase that property from RT Holdings, Inc. (RT Holdings is a corporation created by Eaton Vance for the purpose of owning and operating the SportsPlex); and authorize the Chair to sign agreements, subject to final review by the staff and the County Attorney. UOTE: UNANIMOUS 6. Resolutions or Proclamations a. Proclamation Recognizing Human Rights Week, Human Rights Dav and The Bill of Rights Dav The Board considered a proclamation to officially recognize Human Rights Week, Human Rights Day, and the Bill of Rights Day in Orange County during the month of December and authorizing the Chair to sign. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve a proclamation to officially recognize Human Rights Week, Human Rights Day, and the Bill of Rights Day in Orange County during the month of December and authorize the Chair to sign. Staff member James Spivey read the proclamation. PR~CLAMATIC~N Human Rights Week, Human Rights Day, and the Bill of Rights Day WHEREAS, on December 10, 1948, the member States of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems agreed on the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, Human Rights Day and Human Rights Week were adopted by the United Nations in connection with the Universal Declaration of Human Rights; and WHEREAS, the Bill of Rights Day was first declared in 1941 by President Franklin Delano Roosevelt to commemorate the 1791 Ratification of the Bill of Rights; and WHEREAS, the Bill of Rights guarantees, among other basic liberties, freedom of speech and of the press as well as freedom of religion and association; and WHEREAS, the Bill of Rights states that no person shall be deprived of life, liberty or property without due process of law and establishes fundamental rules of fairness in judicial proceedings, including the right to trial by jury; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in Orange County, and each of us can play a major role in enhancing human rights; and WHEREAS, the residents of Orange County support Human Rights and recognize that the "inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace;" NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim December 10 -16, 2005 to be HUMAN RIGHTS WEEK and December 10, 2005 as HUMAN RIGHTS DAY and December 15, 2005 as BILL ~F RIGHTS DAY in Orange County and challenge our residents to study and promote the ideas contained in these documents to the end that freedom, justice, and equality shall not perish but will flourish and be made available to all. This the 5th day of December, 2005. VOTE: UNANIMOUS b. Resolution Honorina Chapel Hill Creamery The Board considered recognizing Chapel Hill Creamery and its owners -Flo Hawley and Portia McKnight -upon the recognition of Hickory Grove cheese as one of the tap ten cow's milk cheeses in the South. Economic Development Director Dianne Reid said that this creamery is a new agricultural venture that started in 2001 and was recently selected as one of the top ten cow's milk cheeses in the south. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to recognize the Hickory Grove cheese as one of the top ten cow's milk cheeses in the South. RESOLUTION HONORING CHAPEL HILL CREAMERY WHEREAS, Orange County seeks to support new agricultural enterprises that enhance farming in the County and provide quality food for its residents, and WHEREAS, one of the first new farms of the 21st century, Chapel Hill Creamery was established in 2001 with 8 Jersey cows and located just outside Carrboro city limits, and WHEREAS, Chapel Hill Creamery uses high quality milk from their 16 Jersey caws to create an expanding variety of specialty farmstead cheeses that are marketed at local farmers markets, to restaurants, and to local grocers, and WHEREAS, the Southern Foodways Alliance, an affiliate of the Center for the Study of Southern Culture at the University of Mississippi, is dedicated to celebrating, preserving, promoting, and nurturing the diverse traditional and developing food cultures of the American south, and WHEREAS, the Southern Foodways Alliance recently conducted a cheese competition of cheeses in the southern region, and WHEREAS, the judges selected Chapel Hill Creamery's washed rind `Hickory Grove' as one of the top 10 cow's milk cheeses in the southern region, noting its "buttery and toasty" flavor; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners expresses its appreciation of and recognizes Chapel Hill Creamery and its owners Portia McKnight and Flo Hawley for their contributions to local agricultural production and for providing a model for successful agricultural enterprises in Orange County. This the 5th day of December, 2005 VOTE: UNANIMOUS c. Influenza Vaccine Supply Resolution and Pandemic Preparations The Board considered adopting an "Influenza Vaccine Supply Resolution" and to hear an update on local plans for pandemic response. Health Director Rosemary Summers made a PowerPoint presentation. Public Health Preparedness Recent Influenza Lessons Problems in Influenza Vaccine Distribution • 2002: Insufficient supply of vaccine • 2003: Delayed delivery/availability • 2004: Major manufacturer problems • 2005: Partial deliveries of vaccine Lessons Learned from Prior Years • Communication with medical providers • Public information and reassurance • Need for large phone bank call-in response • Diversify vendors in purchasing • "Pacing" the staff response • Tracking the actual presence of flu in the community 2005 Flu Events High-risk populations in October • 2 Main public events - Nov. 5 at Smith Middle School - Nov. 12 at Cedar Ridge High School Objectives • Provide flu vaccinations for 700 residents each day • Test use of each site • Test ability to process "patients" quickly • Test delivery of supplies to site, set-up and break down • Test `just in time" training for staff and volunteers • Test shift change of staff and volunteers Res u Its • Nov. 5: provided 699 vaccinations in 2 & 9/2 hours • Nov. 92: provided fatal of 564 vaccinations in 7 hours • Nov. 92: over 200 were done in fast 30 minutes Lessons and Needs • Folks shave up early and all at once • Need transporfation plans and adequate parking • Need more "bodies" to work at the event • Partner agencies are important for key roles Why is this important? • Part of the "nested" all hazards approach • Using real events to test hypothetical plans • Great evaluation of our overall readiness to respond Next Steps • Finish evaluation of events • Work with Emergency Management to improve Health's overall plan • Beginlrntensify recruitment & training of non-health volunteers Commissioner Carey said that Orange County has no sentinel reporting sites and Rosemary Summers said that this is usually a physician's office, a hospital, public health department, etc. that collects laboratory specimens and submits them on people that present with upper respiratory illness. In the past, UNC Hospitals had been a sentinel site, but not this year. There are also no physician practices that are participating right now. Commissioner Halkiotis said that he supports all of this, but the second bullet concerns him - "guaranteed government prices for influenza vaccine be offered as an incentive far vaccine production to meet the demand." He said that we are the leading nation in research and development of new pharmaceuticals; however, we do not produce our own influenza vaccines. He asked if the government would get back into the production of vaccines. Rosemary Summers said that they have not talked about production, but only guaranteeing the price. Commissioner Halkiotis said that he will vote for this, but there needs to be a change in Washington. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adopt an "Influenza Vaccine Supply Resolution" and to hear an update on local plans for pandemic response. Influenza Vaccine Supply Resolution Orange County Board of Health Orange County Board of County Commissioners Orange County, North Carolina Whereas, each year, a substantial proportion of vaccine-preventable diseases occur among adults, despite the availability of safe and effective vaccines; and Whereas, adult immunization levels continue to lag far behind childhood rates, and adult morbidity and mortality from vaccine-preventable diseases remain distressingly high; and Whereas, adults form the core infrastructure needed to respond to any emergent public safety and health need; and Whereas, the burden of and responsibility for vaccinating high-risk and vulnerable populations often falls upon public health departments and their public partners; and Whereas, public health is often unable to serve the high-risk and vulnerable populations within a community because of a lack of timely distribution of vaccine, especially influenza vaccine; and Whereas, commercial vaccinators make early bulk purchases of influenza vaccine and are able to offer mass flu campaigns before public health can vaccinate high-risk populations; and Whereas, the federal government and local medical providers look to the public health infrastructure to be prepared to respond to and coordinate the response of any communicable disease outbreak, including an influenza pandemic; and Whereas, the federal government has provided support for the childhood immunization program nationally that has resulted in dramatic reductions in childhood vaccine preventable diseases; and Whereas, an adult immunization infrastructure is needed prior to implementation of a national universal influenza vaccine recommendation; Now Therefore, in recognition of this compelling public health challenge, the Orange County Health Department and the Orange County Commissioners request that: • Sufficient federal funding be identified to support a robust adult vaccine preventable disease vaccination infrastructure and program that would include influenza as a primary component; • Guaranteed government prices for influenza vaccine be offered as an incentive for vaccine production to meet the demand; • Federal government bulk purchase a base number of doses for public health; • Regulations be created to guarantee distribution to public agencies first; and • Enforcement rules are developed for providers who disregard high-risk vaccination criteria. VOTE: UNANIMOUS d. Resolution -Land for Tomorrow The Board considered a resolution in support of the Land far Tomorrow coalition, which is proposing a November 2006 statewide band for open space land protection. Environment and Resource Conservation Director Dave Stancil said that before Governor Hunt left office in 2000, he enacted an initiative to protect a million acres in North Carolina. The General Assembly also adopted a goal of trying to do this in 2000-2009. The Land far Tomorrow Coalition over the last year has put together a program to accomplish this, largely by funding a lot of the trust funds. Marge Limbert said that Land for Tomorrow has 99 partners across the state and OWASA has joined, and Orange County would be the first county to sign this resolution. Dave Stancil read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve a resolution in support of the Land for Tomorrow coalition, which is proposing a November 2006 statewide bond for open space land protection. RESOLUTION SUPPORTING THE N.C. LAND FOR TOMORROW INITIATIVE FOR OPEN SPACE AND LAND CONSERVATION WHEREAS, Orange County, through its award-winning Lands Legacy Program, is committed to protecting lands critical to the future of North Carolina's drinking water, economy, and quality of life, and WHEREAS, the Lands Legacy Program has protected over 1,600 acres of natural and cultural resource lands in Orange County to date, and WHEREAS, North Carolina is lasing mare than 100,000 acres of those special places to population pressures each year and the state's population is expected to grow by 50 percent in the next 25 years, and WHEREAS, funding sources far land protection efforts in North Carolina have lacked sufficient funding to protect stream banks and floodplains, legacy forests, prime farmlands, local parks and recreation, state parks, game lands, natural, scenic and historic places, and WHEREAS, there is no second chance to protect North Carolina's great natural resources with costs to do so increasing in the future, and WHEREAS, additional state funding will leverage twice as much funding from federal, private and local sources and enable local land trusts and programs like Lands Legacy to do much mare in terms of land conservation; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners urges the 2006 General Assembly to enact legislation authorizing the "Land for Tomorrow" bond referendum to increase conservation spending in North Carolina by $200 million per year. BE IT FURTHER RESOLVED that the Board asks that Orange County be listed as a partner in the Land for Tomorrow initiative, and that staff explore the mechanisms by which the Lands Legacy Program and Land for Tomorrow can mutually benefit from their common goals. This the 5~" day of December, 2005 VOTE: UNANIMOUS Commissioner Halkiotis commented that he wished Jim Hunt was still the Governor 7. Special Presentations a. Durham Technical Community College Orange County Campus Report The Board received a report on the evaluation of the September 20, 2005 Durham Technical Community College (DTCC) concept plan as it related to the site plan elements of "Smart Growth" ;and considered authorizing CRZ to complete the design work for the park and ride lot as part of the DTCC contract far an amount not to exceed $20,020. John Link said that in the fall of this year, they focused on sustainable design features for the satellite campus that will be built in Orange County. Specifically, in November the Board approved the features that it wanted addressed. Since that time, the Board has expressed interest in smart growth principles for this facility and the staffs of Orange County and DTCC as well as the architects have discussed and agreed upon same smart growth elements for this site. The material for the special use permit has to be ready for the Town of Hillsborough by December 20th Purchasing and Central Services Director Pam Jones said that the Board did approve $18,800 for sustainable design features and they will come back as alternate design costs. She said that the most current discussions have been about the tree preservations an the site. The developers' roadway design that went forward with the Town of Hillsborough approval and the master plan required that the Durham Tech site be cut back 75 feet and the trees would be removed. They are trying to figure out a way to minimize the tree loss. The developer will replant the trees that are removed both in the right-of-way and the median. The current design allows for a three to one slope on the site that will allow normal maintenance. They also looked at moving the building back and preserving trees in the front. The analysis showed that the benefit would be minimal to saving trees, so the location of the building was deemed mast appropriate at the current site. The staff is requesting that the Board authorize Corley Redfoot Zack to move forward with the design of the park and ride lot, which would cost $20,020, and it could be incorporated into the overall bid of the Durham Tech project. She reiterated the timeline, which is December 22"d for the SUP submittal to the Town of Hillsborough. There is also a deadline of June 30th for submittal of bond funding. She made reference to the smart growth attributes in attachment 2 and the recommendation is that the Board recommends to Durham Tech that these things be accepted. Commissioner Halkiotis asked if they had met with the new developers and Pam Jones said yes. Commissioner Halkiotis asked if anything had changed and Geof Gledhill said that the only thing that is new is a proposal to change one section of residential from multi-family to single-family. There have been no changes with the Durham Tech site. Chair Jacobs asked if the developer was cutting on both sides of the road and Pam Jones said yes. Chair Jacobs said that he appreciated the work that went into the smart growth principles. Commissioner Gordon commended staff far putting this together and addressing the smart growth concerns. She asked where they got the smart growth design principles because she does not remember the Board ever approving a definition. Planning Director Craig Benedict said that there are not any adopted principles at this time. This is just a collection of principles that have been used with a few County and school projects. They hope to adopt green building standards in January. Commissioner Gordon asked about the costs associated with the park and ride lot. The grant funding is for three years. She asked what happens after three years. Planner Karen Lincoln said that after the three-year period the County would be responsible far the operations costs, which would be $198,000 per year. Karen Lincoln said that the two buses would operate from 7:00 a.m. until 6:00 p.m. and shuttle between the park and ride lot and county offices in downtown Hillsborough. Commissioner Gordon stated that these costs seemed high to her. She asked if it was still $34/hour to run a bus and AI Terry said yes. Commissioner Halkiotis asked Pam Jones about the proceeds from the cut timber and she said that they would presumably come back to the County or Durham Tech. Commissioner Halkiotis encouraged that the timber money be put back into the smart growth add-on alternates. Commissioner Gordon asked where the money would come from far the bid alternates and Pam Jones said that it would be alternative financing or through other means. Chair Jacobs pointed out that he and Commissioner Carey met with the Manager and a representative from Senator Burr's office, who said that he thought that Senator Burr might be interested in the alternative energy and conservation ideas proposed far this building. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the Manager's recommendations as follows: 1) Approve the current site plan as it relates to the position of the building; and 2} Recommend to DTCC that they pursue the smart growth design attributes outlined on Attachment 2 as determined to be appropriate by the County Commissioners; and 3} Transmit the Board of Commissioners' recommendations to the Durham Technical Community College Board of Trustees; and 4) Authorize the expenditure of funds to design the park and ride lot in an amount not to exceed $20,020, to be reimbursed to DTCC for the additional design work by CRZ. UOTE: UNANIMOUS $. Public Hearings a. North Carolina Community Transportation Program fCTP) Administrative and Capital Grant Application for FY200612U07 The Board conducted a public hearing on the FY2006/2007 North Carolina Community Transportation Program (CTP} grant application by Orange Public Transportation and considered approving the grant application including adoption of a resolution authorizing an agreement with the North Carolina Department of Transportation for all necessary assurances and authorizing the Chair to sign the Community Transportation Program Resolution and Annual Certified Statements of Participation. Department on Aging Director Jerry Passmore said that this is their annual request to apply for an application for this program. This year there is a sizable increase in their capital over last year - $280,000 as opposed to $45,000. The idea is to replace three minivans and one van will be a Compressed Natural Gas (CNG) vehicle. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the grant application including adoption of a resolution authorizing an agreement with the North Carolina Department of Transportation far all necessary assurances and authorize the Chair to sign the Community Transportation Program Resolution and Annual Certified Statements of Participation. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Draft Enerav Conservation Policy and Report an Enerav Use and Costs The Board considered adoption of an Energy Conservation Policy covering Orange County Government facilities and equipment, in fallow up to the Board's Environmental Responsibility goal and received a report on building energy use and passible energy conservation performance measures. Jahn Link thanked staff members Personnel Director Elaine Holmes and Public Works Director Wayne Fenton and he thanked Commissioner Halkiotis for helping them being instrumental in bringing this forward. Elaine Holmes made reference to the goldenrod handout and she spoke to this sheet. Draft Energy Conservation Policy and Energy Use Report December 5, 2005 Purpose Tonight ^ Consider adoption of an Energy Conservation Policy covering County facilities and equipment ^ Receive a report on building energy use and possible energy conservation pen`ormance measures Policy Basis ^ Results from energy conservation initiative: . Environmental Responsibility . Significant and rising costs far energy Series of meetings, including an Energy Task Group to consider energy conservation needs and approaches From those discussions, draft policy Policy sets out framework for energy conservation in County facilities Policy Highlights ^ Purpose: "Reduce Grange County government's energy consumption, wherever possible, and improve energy efficiency for that energy that must be used throughout Orange County government buildings." ^ Vehicle fuel conservation and water conservation to be addressed in separate policies Policy Goals Short term goals (one to two years): ^ Establish foundation of responsibilities, planning, programs, standards and pen`ormance measures ^ Manage and minimize energy use while maintaining safe conditions ^ Achieve a reduction in average energy consumption per square foot Long term goals (three years or more) ^ Incorporate energy conservation into: ^ Major renovations, ^ System replacements, and ^ New construction Policy Scope Applies to: ^ All County owned and leased buildings ^ Energy-consuming equipment used by County (including computers) ^ Electricity, natural gas, propane gas and fuel oil Responsibilities Assigns responsibilities among: ^ Energy Conservation Task Group ^ Energy Conservation Manager ^ Volunteer Building Energy Representatives ^ Public Works Department ^ Department Heads ^ Employees Energy Action Plan ^ Provides far annual Energy Conservation Action Plan ^ Jointly developed with Energy Manager; Energy Task Group, Public Works, others ^ Identify specific actions to conserve energy and achieve reductions ^ Developed and submitted to BOCC during annual budget process Energy Use Standards Provides for energy use standards including: ^ Heating and cooling temperature set points based on ASHRAE ^ Recognition of operational needs that may require different set points ^ Night, weekend, holiday temperature set backs ^ Lighting ^ Computer equipment Programs Programs to support energy conservation including: ^ Employee awareness ^ Incentives ^ Preventative maintenance and so forth ReportinglPerformance Measures Provides for:- ^ Obtaining information and reporting to assess progress ^ Using information to benchmark and measure performance Measuring Success We are looking for:' ^ Straight reduction in baseline energy use (lights, computers, etc.) ^ Reduction in NVAC related use after adjustment for temperature and humidity variances Energy Use & Cast Report ^ First draft intended to present sample format to BOCC for feedback ^ Has been prepared to show use and cost information ^ Other info/more or less detail per BO CC wishes ^ Presents Totals, by energy type, for all buildings combined and by individual buildings ^ Focus for comparison is on use per square foot, due to changes aver time in unit casts far energy Wayne Fenton went over the Energy Use and Cost Report. Commissioner Halkiotis commended Elaine Holmes for talking like a facilities manager. He said that his opinion of the book is that this is something that the Energy Conservation Manager needs at all times. He said that it is only overkill for the County Commissioners. He would like to know generic information such as gasoline consumption and if it has gone up or dawn, etc. He does not need all of the details. Regarding the draft policy, he said that it is important that the Manager and at least one elected official be a part of the Energy Management Work Group. He said that some things are non-negotiable, such as computer equipment, which must be shut dawn. Commissioner Halkiotis said that they also need to encourage financial incentives. He said that overall this is a wonderful first stab and it is outstanding work. Commissioner Gordon asked about the task force and its purview. Elaine Holmes said that the energy task group would have purview over all three policies -building energy conservation, vehicle fuel, and the upcoming water conservation policy. She said that the Energy Conservation Manager's focus would be an buildings. The task force would be oversight for all three policy areas. Chair Carey said that this is a tremendous amount of work and he does not need to see it every month, but once a year would be sufficient. He thinks that once they adapt the draft policy, they might consider asking outside agencies that they fund to adopt energy policies also. He recognizes that there is a big difference because the outside agencies do not own their own buildings and do not have control, but they need to think about the costs associated with operations. Commissioner Foushee said that she has heard from employees about what their workspaces will look and feel like. She wants to ensure that employees understand that these policies are not designed for their discomfort. She made reference to page 9 and said that there are provisions for situations where spaces are uncomfortable. The policy is more about conservation and safety and not about being insensitive to employees. Elaine Holmes said that they have emphasized this at the Employee Relations Consortium and will continue to emphasize this. Chair Jacobs made reference to the charts and suggested having space to write changes in the buildings. Chair Jacobs said that there needs to be a central phone number that members of the public or staff can call to report something. He said that one of the underlying premises of this effort is the environmental responsibility goal adopted in the consent agenda and many departments have worked on this over the years. Chair Jacobs said that he would like to add Cooperative Extension to the list of the task force members. Chair Jacobs made reference to page 9 and Use of Windows and said that he would like it to say, "Windows are to be kept closed unless specifically authorized, as when the HVAC system is disengaged." Also, under Incentives, he would like to add preferred parking as an incentive to employees. On page 11, he would like to have a list of what the priority retrofits aught to be. Also, he would be happy to get this information on a CD as opposed to a book every year. Commissioner Halkiotis said that the response that Elaine Holmes gave to Commissioner Foushee about workplace areas is exactly the tone that the Energy Conservation Manager needs to have. He would like for Elaine Holmes to work with this new employee. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the adoption of an Energy Conservation Policy covering Orange County Government facilities and equipment, in fallow up to the Board's Environmental Responsibility goal and to receive a report on building energy use and possible energy conservation performance measures, as amended above. VOTE: UNANIMOUS b. Draft Vehicle Fuel Conservation Policy and Report on Fuel Use and Costs The Board considered adoption of a Vehicle Fuel Conservation Policy covering Orange County Government vehicles and motorized equipment, in follow up to the Board's Environmental Responsibility goal and to receive a report on vehicle fuel use and possible fuel conservation performance measures. Wayne Fenton made reference to the goldenrod colored slide. He made a PowerPoint presentation. Draft Vehicle Fuel Conservation Policy and Fuel Use Report December 5, 2005 Purpose Tonight ^ Consider adoption of a Vehicle Fuel Conservation Policy covering County vehicles and motorized equipment ^ Receive a report on vehicle fuel use and possible methods for measuring reductions in fuel use Policy Basis ^ Results from energy conservation initiative: . Environmental Responsibility . Significant and rising casts for gasoline and diesel ^ Energy Task Group members considered fuel conse-vation needs and approaches ^ From (hose discussions, draft policy ^ Policy sets out framework for fuel conservation for County vehicles and for increase in alternatively fueled vehicles Policy Highlights ^ Purpose: "Reduce Orange County government's fuel use, wherever possible, and improve fuel efficiency for that fuel that must be used to operate Orange County vehicles & equipment." ^ Building energy and water conservation addressed in separate policies Policy Goals ^ Establish foundation of responsibilities, planning, programs, standards and performance measures ^ Manage and minimize fuel use while maintaining safe conditions & meeting service needs ^ Achieve a reduction in average fuel consumption per mile driven ^ Incorporate fuel conservation and alternative fuel into new and replacemenf vehicles and equipment Policy Scope Applies to: ^ All County owned and leased vehicles and motorized equipment Responsibilities Assigns responsibilities among: ^ Energy Conservatian Task Group ^ Manager ^ Public Warks Department ^ Purchasing & Central Services Director ^ Department Heads ^ Employees who operate vehicles Fuel Use Action Plan ^ Provides for annual Fue! Conservation Action Plan ^ Jointly developed with Energy Task Group, Public Works, others ^ Identify specific actions to conserve fuel and increase use of alternative fuels ^ Review of vehicle replacement report ^ Developed and submitted to BOCC during annual budget process Fuel Use Standards Provides for fuel use standards including: ^ Alternative fuel vehicles ^ Driving practices ^ Maintenance standards Vehicle Acquisition Process ^ Written, systematic process for consideration of vehicle needs, including: . Annual vehicle condition report -existing vehicles . Determination if vehicle needs to be acquired or replaced . Determination if alternative fuel vehicle meets needs . Report and recommendation to Manager . Manager decision as to specific vehicle Programs Programs to support fuel conservation including: ^ Employee awareness ^ Incentives ^ Preventative maintenance and so forth ReportinglPerformance Measures Provides for.- ^ Obtaining information and reporting fo assess progress ^ Using information to benchmark and measure performance Measuring Success We are looking fora ^ Straight reduction in fuel consumption ^ Increase in average miles per gallon for fleet ^ Increase in use of alternatively fueled vehicles Fuel Use & Cost Report ^ First draft intended to present sample format to BOCC for feedback ^ Has been prepared to show use and cost information ^ Other info/more or less detail per BO CC wishes ^ Presents totals far all vehicles combined and by individual departments ^ Focus far comparison is on miles per gallon, due to changes over time in unif cosfs for fuel Commissioner Halkiotis said that this is on the right track. He would like to know how they are addressing the issues of carpooling and smart traveling with other departments. On Friday, he saw six County department cars at a restaurant. He would like to educate all County employees about the smart traveling piece. Commissioner Gordon asked who would be doing for vehicles what the Energy Conservation Manager would be doing for buildings. Wayne Fenton said that this will be addressed in the future, but Public Works has been taking the lead so far. The data will be brought forward to departments regularly, which should have an impact. Chair Jacobs said that it would be great to get new employees on board. He would also like for them to pursue video-conferencing. Chair Jacobs asked about vehicles purchased an state contract and if it was required by law. He said that he understands that dump trucks only get 12 mpg on average. If the vehicles available to the County do not get good mileage, he would like to do some creative thinking in purchasing fuel-efficient vehicles from dealers in Orange County if it is legal. Elaine Holmes said that they have provided for this option to go outside state contract. John Link said that counties still have to bid this out but they can look at what is on the state contract. Chair Jacobs would also like to see the bumper sticker on County vehicles with the phone numbers for speeding or reckless driving. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adapt the Vehicle Fuel Conservation Policy effective January 1, 2Q06 and receive the report on County vehicle fuel use and measures. VOTE: UNANIMOUS c. Capital Purchase for Server Replacement The Board considered authorizing the purchase of a computer server dedicated to storing and managing countywide data from 4Front Technologies, via pricing from the purchase contract awarded by the State of North Carolina and authorize the Purchasing Director to execute any paperwork necessary to affect the purchase. Rod Visser said this would have the County acquiring a server that would dramatically increase the capabilities of staring electronic data. The funding is already available in the Information Technology Plan approved in June and the Information Technology Committee has reviewed this and endorsed this proposal. Commissioner Gordon asked how this works and what the security was on it. Todd Jones said that this is an aggregation of many hard drives and this can be shared by many different servers. It can be a consolidated storage far all of the County's data. As far as security, this is managed by the firewalls already in place. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve authorizing the purchase of a computer server dedicated to storing and managing countywide data from 4Frant Technologies, via pricing from the purchase contract awarded by the State of North Carolina and authorize the Purchasing Director to execute any paperwork necessary to affect the purchase. VOTE: UNANIMOUS d. Appointments (1 j Air Quality Advisory Committee -Initial Appointments The Board considered making appointments to the Air Quality Advisory Committee. nominate: A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to Alice Gordon Air Quality Advisory Committee BOCC Representative 12/31/2006 VOTE: UNANIMOUS A motion was made by Chair Jacobs, seconded by Commissioner Foushee to nominate: Lucy Adams Air Quality Advisory Committee At-Large 12/3112006 Dawn Santoianni Air Quality Advisory Committee At-Large 12!31 /2006 VOTE: UNANIMOUS A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to nominate: Mark Ginsberg Air Quality Advisory Committee Energy Industry Rep. 12/31/2006 VOTE: UNANIMOUS (2) Carrboro NTA Advisory Board -One New Appointment The Board was to consider making one new appointment to the Carrboro NTA Advisory Board. DEFERRED (3) Central Orange Senior Center Design Committee -Appointments and Charge The Board considered appointments to the Central Orange Senior Center Design Committee including its charge, timeline, and composition. Commissioner Halkiotis requested that the Friends of the Senior Center all be appointed to this committee. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to nominate Janice Wassel as the Aging Board member; to move Mariah McPherson, Leo Allison, and Richard Lesperance to At- Large positions, along with two other At- Large nominees, Swarna Reddy and Vicki Tilley; to nominate Beverly Blythe, Peter Langan and Helen Miller to the Friends of the Senior Center positions; and to nominate Constance Gary, Haryo Marosurdiro, and A.P. Ruston to Senior Center Participant positions. VOTE: UNANIMOUS Chair Jacobs and Commissioner Halkiotis volunteered to be on this committee. A motion was made by Commissioner Jacobs seconded by Commissioner Carey to appoint Commissioner Gordon as the alternate. VOTE: UNANIMOUS Beverly Blythe Central Orange Senior Center Design Committee 12/31/2008 Peter A. Langan Central Orange Senior Center Design Committee 12/31/2008 Helen Miller Central Orange Senior Center Design Committee 12!3112008 Constance Gary Central Orange Senior Center Design Committee 12/31/2008 Haryo Marsosudiro Central Orange Senior Center Design Committee 12/31/2008 A.P. Rushton Central Orange Senior Center Design Committee 12131/2008 Leo Allison Central Orange Senior Center Design Committee 12!3112008 Mariah McPherson Central Orange Senior Center Design Committee 12/31/2008 Richard Lesperance Central Orange Senior Center Design Committee 12/31/2008 Swarna Reddy Central Orange Senior Center Design Committee 12/3112008 Vicki Tilley Central Orange Senior Center Design Committee 12!3112008 Barry Jacobs Central Orange Senior Center Design Committee 12131/2006 Stephen H. Halkiotis Central Orange Senior Center Design Committee 12/31/2006 John Link Central Orange Senior Center Design Committee 12/3112008 Gwen Harvey Central Orange Senior Center Design Committee 12/31/2008 Janice Tyler Central Orange Senior Center Design Committee 12/31/2008 Paul Thames Central Orange Senior Center Design Committee 12/31/2008 Pam Jones Central Orange Senior Center Design Committee 12/31/2008 Jeff Thompson Central Orange Senior Center Design Committee 12/31/2008 Jerry Passmore Central Orange Senior Center Design Committee 12/31/2008 (4} Commission far Women -New Appointments The Board was to consider making new appointments to the Commission for Women. DEFERRED (5} Hillsborough Strategic Growth Plan Consultant Selection Committee - Appointment5 The Board was to consider appointment of a BOCC representative and Orange County Planning Board member to consultant selection committee for Hillsborough Strategic Growth Plan. DEFERRED (6} Orange County Planning Board -New Appointment The Board was to consider making one new appointment to the Orange County Planning Board. DEFERRED 10. Reports-NONE 11. Closed Session A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to go into closed session: "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). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to reconvene into regular session at 11:05 p.m. VOTE: UNANIMOUS 12. Adiaurnment A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 11:05 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board Orange County Water Supply Reservoir Water Levels Available information as of 2:00 PM, Thursday, December 1, 2005 Lake Orange • Water level has risen to a point of 5'9" below full (from a law of approximately 8'-1 "below full} • Water storage capacity remaining is approximately 50°l0 {237 million gallons} • Approximately 86 days of water supply remaining {at Capacity Use specified release rate, however, current release is minimal -see note 3 below} • Eno River Capacity Use Restrictions returned to Stage IV as of 11!28/05 and the current water level returns restrictions to Stage III as of 2:00 PM today. West Fork Reservoir • Water level is 2'-5" below full • Water storage capacity remaining is approximately 88.7°~ • Approximately 250 days of water supply remaining {assuming Town's current daily demand and releases for streamflow augmentation, as well as releases normally supplied by Lake Orange} C)WASA Reservoirs • Water level at Cane Creek Reservoir is 7'-10" below full • Water level at University Lake is 6'-1.8" below full • Total remaining water storage capacity is approximately 59.5°~ • Approximately 280 days of water supply remaining {at current aver-age weekly demand) Regional Precipitation data (inches above [+] ar below [-] normal) RDU • -6.70" for 2005 +0.75" for November 2005 • -3.81" since September 1, 2005 Piedmont-Triad • -10.48" for 2005 • +0.67" for November 2005 • -3.75" since September 1, 2005 Miscellaneous notes 1. Eno River Capacity Use Agreement conditions for Stage IV include 450,000 gpd release from Lake Orange to maintain instream flaw. 2. Recent high flows in the Eno have, for the time being, eliminated most of the effects of beaver activity and the formation of a number of the instream catchments. 3. Current release from Lake Orange is approximately 0.5 cfs as necessary to provide minimal flow in the Eno River east fork between Lake Orange and confluence of east and west forks. Since 111812005, all other demands, including Piedmont Minerals, tJrange-Alamance, instream flow, channel loses, etc., are being met by release from Hillsborough West Fork Reservoir.