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HomeMy WebLinkAboutMinutes - 20060302APPROVED 511 612 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 2, 2006 7:30 p.m. The Orange Caunty Board of Commissioners met in regular session on Thursday, March 2, 2006 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., Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: Valerie P. Foushee 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. 7:31:13 PM 1. Additions or Changes to the Agenda Chair Jacobs said that Cammissianer Foushee wauld not be able to attend this meeting due to a family obligation. Chair Jacobs made reference to information from NCDOT, which was a letter from Mike Mills. There were also several additions to the consent agenda. The pink sheet is item 5-m and the yellow sheet is 5-n. There was a printout of the PowerPoint presentation by OWASA, which is item 7-b. The salmon sheet relates to item 9-a, which is the Orange County Park Praject Status Report. Also, item 10-b is Buckhorn Road EDD Community Water/Sewer Project. The aquamarine sheet is regarding the water levels. The Upper Eno reservoirs are full, but Cane Creek and University Lake are below full. Chair Jacobs reported that they would not be considering item 6-a because the Sheriff was unable to attend. Commissioner Carey said that he wants to hear mare about the Eno River Confluence. PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda James Baxter is a resident of Dogwood Acres community and he presented a petition (first page included in packet). He said that at the east end of Dogwood Acres Drive is the proposed Southern Community Park, of which he supports. He said that the County approved bonds to help fund the park in 1997 and 2001. He said that there are Chapel Hill Town staff changes in park design that have moved the main park entrance from Southern Village with a proposed deceleration on 151501, an expansion of the existing park and ride lot, and a traffic light easing the traffic flow back onto 15/501 to the main entrance being on Dogwood Acres Drive, with a parking lot on a residential street, no deceleration lane, no traffic light, and the patrons of the park having to cross Dogwaad Acres Drive to access the park proper. He said that the changes were made without sufficient citizen input, without updated traffic studies, without adherence to the criteria of the Town's special use permit, and without following the 1992 Small Area Plan or the 2000 Comprehensive Plan in regard to preserving surrounding neighborhoods. The residents of Dogwood Acres are citizens of the County and they feel their neighborhood's concerns are being marginalized by Chapel Hill and the safety of park users is being put at great risk, merely to maintain time sensitive State grant funding. He presented the petition that was signed by 159 residents of the neighborhood in just three days. The petition requests that the revised plans for the Southern Community Park be referred back to the original conceptual plan committee for further review and approval. The residents have expressed their concerns at meetings of the Chapel Hill Town Council, the Chapel Hill Parks and Recreation Committee, the Pedestrian Bicycle Safety Board, and the Transportation Board. At each of the meetings, there have been members that were unaware that they were being asked by Town staff to vote on issues that drastically deviate from the proposals of the original conceptual plan committee. He does not want the County Commissioners to be uninformed as to the way County funds may be allocated. He said that at the last Chapel Hill Town Council meeting an February 13t'', the members proposed that the Town Manager assess the costs of returning to the original conceptual plan committee's recommendations and design far safety concerns since, "the new plan is clearly second in quality to the original." He asked the County Commissioners to support this recommendation. Chair Jacobs said that they would refer this to staff. He said that he and Commissioner Gordon have served on the conceptual planning group and they are being asked to meet with the rest of the group in the next few weeks. There may be some kind of proposed review that relates to the concerns. Spence Dickinson made reference to a proposed festival at Blackwood farms. He said that the festival there far the County's 250th anniversary was great and a lot of people want to see it happen again. Carolina Farm Stewardship has approached the County to do this. He is on the board for Carolina Farm Stewardship and they have agreed to have a planning committee. He has been trying to work with different departments -Recreation and Parks, Cooperative Extension, Economic Development, etc. - so that just one group is not doing it all. He thinks that by broadening it, the festival can be more interesting. He said that he made three requests at bottom of his handout for the County Commissioners' consideration. Chair Jacobs said that this would be referred to staff. 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 Mike Mills for his letter. He said that he was an enlightened engineer that has enlightened his staff and hopefully fewer people will be getting injured at a very dangerous intersection. He said that Mike Mills shows up and he cares. Cammissianer Halkiotis said that Carmen Hooker Odum, Secretary of North Carolina Department of Health and Human Services, wrote a letter to the editor in the News and Observer on February 24th. He asked the Clerk to make a copy for each Commissioner. He read from the letter: "We are committed to ensuring first incentive care for people in the public mental health system. This is not solely the State responsibility. Some counties have risen to the task and invested the financial resources necessary to foster local providers." He asked John Link how much Orange County spends on mental health resources and it was answered $1.4 million this year. He continued reading: "Mecklenburg County, with a population of roughly 790,000, has earmarked $42.2 million in county money this fiscal year for mental health services. It has more than 40,$00 active community cases and sent only 347 consumers to a state psychiatric hospital for treatment in 2005. Wake County has budgeted $10 million, has an active community caseload of 11,400, and sent over 1,400 clients to a state hospital." He said that this is not really about mental health reform, but it is about putting the cost on the counties. He thinks that the counties have been getting a song and dance on mental health reform for a long enough time. He thinks the County will see a lat more bills for mental health. Commissioner Halkiotis said that he listened to the Governor on TV tonight, who said that he is setting up an ethics commission. He said that he thought that when people achieved elected office, that they put their hand on the Bible. He thought that this was the ethics commission. Speaker Black said last week that the first order of business would be mandatory classes for legislators far ethics and integrity. He said that it is troublesome to him that the State needs an ethics commission and a special class to teach people how to be ethical. Commissioner Gordon thanked Mike Mills and his associates for joining them tonight. Commissioner Gordan said that the Intergovernmental Parks works group met and agreed to recommend to the five jurisdictions -Orange County, Chapel Hill, Carrboro, Hillsborough, and the part of Mebane in Orange County - to approve the composite plan for parks and trails. Basically, this is gluing together the plans that each jurisdiction has formulated. There will be a map that shows all of the parks and trails and then there will be texts of existing facilities and proposed facilities. The work group also discussed the Mountains to Sea Trail and they did not take any action on this except that they thought it was a good idea to support Hillsborough in their river walk and the trail going to the east. Commissioner Gordon reported that the TTA continues to work on the regional rail project, and they were informed that Representative Price and Senators Burr and Dole are all requesting an appropriation of $23.6 million for TTA in the next budget. Commissioner Gordon said that she attended the focus group for elected officials on homelessness in Carrboro Town Hall. The elected officials that attended were Carrboro Mayor Chilton, Aldermen Gist and Broun, Town Councilmen Ward and Harrison, and herself. They spoke about various sites for facilities for homeless people and the diversity of homeless people. Commissioner Gordon said that she wanted to clear up her role on the Leadership Council on Carolina North. Two County Commissioners and two other representatives were appointed, and she was appointed as an alternate. When Chair Jacobs asked her to go to the meeting, she realized that she was not on the list of the people sent forward to the Chancellor. Chair Jacobs said that this was fixed today. Commissioner Carey - no comments. Chair Jacobs apologized to the people that came for the land use plan update public hearing on February 27th and that it was delayed for so long. He said that they were surprised that there was a considerable amount of concern about the first item on the agenda that night. He said that it was not their intention to inconvenience the attendees. Chair Jacobs suggested that he draft a letter of reply to Ms. Hooker-Odum and to the newspapers. He thinks the Board has some strong feelings about this and it strikes him that the way in which the State is handling mental health reform is going down the same irresponsible course that school funding has gone, where those that can afford it will get the service and those who can't are out of luck. This is not the way to do business in North Carolina. He will work with staff to draft a letter that addresses the concerns and the response to this attitude. Chair Jacobs said that he brought up the concerns to the Carolina North Leadership Council. It was decided that alternates could sit in and participate if a member is not there. In the future, when one of the County Commissioner representatives cannot be there, he will make sure that Commissioner Gordon will know in advance. and he will know in advance of someone not attending and she will be informed. The group has 29 members and the Chancellor gave them the charge. The Chancellor pointed out that the Horace Williams Airport would be open until construction begins, at which time AHAC will move to RDU and there will be no further airport on the Carolina North property. The group was charged with developing guiding principles for the development of Carolina North. He called for a new model for a sustainable community and said that he wanted the University to be a national leader in sustainability. They will be meeting monthly from now until March 2007. Chair Jacobs reported on a meeting and he distributed the minutes between himself, Commissioner Halkiotis, and staff with the Mayor, Mayor Pro Tem, and City Manager of the City of Durham to discuss issues of mutual concern. This was primarily to get water and sewer to the economic development district at the intersection of US 70 and I-85. Durham was very amenable to this. They also brought up the notion that Durham should help the County purchase conservation easements in the Little River watershed since it was asking property owners there to protect its water supply. They were also receptive to this. He said that they were also receptive to talking with the County about solid waste matters. It was a fruitful meeting. They hope to get the staffs together to work on the details of the infrastructure needs. Chair Jacobs made reference to the Efland-Mebane Small Area Plan Draft Report and said that there is a need for an emergency shelter in this part of Orange County. There is no emergency shelter in eastern Mebane either. He said that the new middle school is not wired for an emergency generator, so it would not immediately serve as a shelter. He asked the staff to get together with Mebane and discuss the opportunities and whether Mebane would be interested in partnering. Commissioner Halkiotis said that they also need to put in a green building proposal that any building built with public tax dollars should have necessary transfer circuits built into it to be able to hook up a generator in the event of an emergency. The new senior center in Chapel Hill will have that capability. Chair Jacobs suggested that staff bring back to the Board a proposal similar to the Friends of Cane Creek, which gave citizens a chance to make suggestions. He would like something like this for the Sportsplex. He has been contacted by three people already who have concerns about the conditions and the rates. He asked staff to look at working with the management to create a group that the County Commissioners would approve and appoint that would give citizens an opportunity to discuss those issues and report back to the County Commissioners. The Board agreed. 4. County Manager's Report John Link asked Budget Director Donna Dean and Paul Laughton from the Budget team to came forward. He said that the Budget staff received, for the 14t" straight year, the Extinguished Budget Award from the Government Finance Officer Association. The budget document has to meet rigorous criteria to receive this award. Chair Jacobs presented the award. Donna Dean thanked her staff, the Board, and management. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: a. Minutes -None b. Appointments -None c. Property Tax Refund The Board adapted a refund resolution, which is incorporated by reference, related to one (1} request for property tax refund in accordance with N.C. General Statute 105-381. d. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to five {5) requests for property tax release in accordance with N.C. General Statute 105-381. e. Property Value Change The Board approved a value change made in property value after the 2005 Board of Equalization and Review has adjourned. f. Accept COPS Interoperable Communication Technology Grant Program Award This item was removed and placed at the end of the consent agenda for separate consideration. ,g: Authorize Emeraency Preparedness Grant Application to BlueCross/BlueShield of North Carolina Foundation The Board authorized the Department of Emergency Management to submit a grant application to the Blue Crass/ Blue Shield of North Carolina Foundation for the purpose of implementing an emergency telephone notification system and approved the allocation of matching funds and authorized the Manager to sign. h. Additional Funds for Public Health Preparedness This item was removed and placed at the end of the consent agenda far separate consideration. i. Contract with Orange County Speedway -Emergency Medical Support Services The Board approved a contract with Orange County Raceway (OCR), Inc. to provide EMS coverage at events and races at the Orange County Speedway during 2006 and authorized the Chair to sign subject to final review by staff and the County Attorney. L Budget Amendment #11 The Board approved budget and grant project ordinance amendments for fiscal year 2005-06 far Department of Social Services, Animal Services, Department an Aging, Solid Waste Enterprise Fund, and OrangelChatham Justice Partnership Program. k. Petition for Addition of Subdivision Roads to the State Maintained System The Board approved a petition to add subdivision roads in Creek Wood subdivision -Creek Wood Drive, Creek Run Court, and Creek Ridge Lane - to the State Maintained Secondary Road System. I. Disposal of Surplus County Property The Board confirmed the sale of property on Graham Street, Chapel Hill to Toben Properties, LLC as prescribed in the January 24, 2006 BOCC Resolution; authorized the Attorney and Manager or his designees to complete all steps necessary to close the sale at the appropriate tine; and authorized the Chair and the Clerk to the Board to execute the non-warranty deed. m. Chance in Board of County Commissioners Regular Meeting Schedule The Board amended its regular meeting calendar by adding a meeting of the Orange County Clean Water Committee, on Monday March 20th at 6:30 p.m. at the Cedar Grove Fire Department, 5912 Pentecost Road, Cedar Grove, N. C. to its regular meeting calendar, and added a meeting on Thursday, March 23, 2006 from 12:15-2:15 p.m. in the BOCC office at Southern Human Services Center, 2501 Homestead Road, Chapel Hill, N. C. for the purpose of interviewing consultant firm candidates related to the search for a county manager. n. Eno River Confluence This item was removed and placed at the end of the consent agenda far separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: f. Accept COPS Interoperable Communication Technology Grant Program Award The Board considered accepting a regional grant award in the amount of $1,014,870 from the United States Department of Justice, and committing matching funds in the amount of $338,290 for the purchase of interoperable communications console equipment for the 9-1-1 Center and for portable 800MHz radios and approve the Contract with the City of Durham, pending final review by staff and the County Attorney, and authorizing the Manager to sign and authorizing the staff to administer paperwork and project reports as required by the grant guidelines. Commissioner Gordon said that this has been in the works for a while. She asked EMS Director Jack Ball to come forward and she commended the staff. She said that this is a very important step in interoperable communications. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to: - Accept the grant award; - Approve the contract with the City of Durham, pending final review by staff and the County Attorney, and authorize the Manager to sign it; - Authorize staff to designate the matching funds from the fund balance and the Emergency Telephone System Fund; - Authorize the purchase of associated equipment from State Contract up to the amount of the total project of $1,564,156 as allowed by the grant guidelines; and - Authorize staff to administer paperwork and project reports as required by the grant guidelines. Chair Jacobs said that they have had discussions about the stream of homeland security money going away in the middle of the transition to the VIPER system. He asked Jack Ball to address where they are in the process. Jack Ball said that they have received most of the infrastructure and it has been paid for. The only costs incurred from this point are user equipment from individual departments and municipalities. As far as the homeland security funding drying up or getting harder to obtain, this will have an impact, but it will not have a significant impact on the whole process. Commissioner Halkiotis asked how many millions of dollars were still unmet for total implementation. Jack Ball said that he does not think it is a tremendous amount for Orange County's portion. He could not give a specific amount. He said that he built two 800MHz regional systems in Virginia and it cost $21 million. They will come back with a report identifying all of the costs and personnel. He said that Orange County has a minimal amount invested, but will have a tremendous gain in the process. Commissioner Halkiotis said that initially they were looking at a bill of $15-$18 million. He wants to know what is still left after all of the money goes back to the big cities like New York, Los Angeles, Chicago, Miami, etc. Jack Ball said that on homeland security grants, the upcoming grants would all be competitive grants and each state will get a base amount. Commissioner Gordon said that she wanted to highlight that this was a competitive award and this is good news, and they will look forward to the report. Rod Visser said that they met with a lot of Orange County agencies and the State Highway Patrol and they asked these same questions about the grant. It was indicated that there is reason to believe that future volumes of homeland security money are likely to go to the larger cities, but this project's infrastructure is rock solid. The staff will bring back the numbers as soon as possible. Commissioner Halkiotis said that he has lost faith in Raleigh and Washington. John Link said that he totally supports what the County Commissioners are saying and as staff, they need to start with the report that was generated two to three years ago that cites the multi-million dollar amount. He recalls that this was for all of the jurisdictions and he also recalls that this number would be the ultimate plan. VOTE: UNANIMOUS h. Additional Funds far Public Health Preparedness The Board considered accepting additional funds for public health preparedness and authorizing their expenditure for equipment. Chair Jacobs asked how compatible these computers and software would be with the computers yet to be purchased for the Inspections and Planning Department if they plan on doing one-stop permitting and a streamlined system. Health Director Rosemary Summers said that the computers are up to County specs and are the IBM Thinkpads. The handhelds are Dell Axims and are cross-compatible with many different systems. They will have a GIS and GPS unit an them. They are being used as the standard across the state in emergency response by the Public Health Response Teams. Chair Jacobs asked if they would be looking at the same kinds of computers if the Inspections and Planning Department try to coordinate with the Health Department. Rosemary Summers said that her understanding is that their system will be able to read from land records as well as feed back into the system. They will be using the laptops as the primary data dump site. There should not be any incompatibility. Chair Jacobs said that in the last budget cycle, they noticed that bath school systems had different computer vendors and they inquired about everyone purchasing the same kind. He asked for a report on this before getting into the budget cycle. Commissioner Halkiotis asked Rosemary Summers to wait before she purchases her computers until they have their work session on Inspections and Planning computers. He would like to see all of these computers interact. He wants to get an the technology ball like Hillsborough Police Department and Durham County EMS, who have laptops in their vehicles. He asked Rosemary Summers to wait and he commended her for accessing money in Raleigh. Chair Jacobs asked if Rosemary Summers can work with this and she said that as long as the money is spent by May 30t", they can wait a couple of weeks. Chair Jacobs said that they would approve accepting the grant funds only and not the purchase. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve additional funds for public health preparedness. VOTE: UNANIMOUS n. Eno River Confluence The Board considered hosting the Eno River Confluence on Tuesday, April 11, 2006 from 9:OOam-2:OOpm at the Big Barn in Hillsborough: Commissioner Carey said that he pulled this because it was not on the agenda when it went out and the public did not get an opportunity to see it and read it. He asked for a brief report on it. Chair Jacobs said that it grew out of the discussions with Hillsborough about problems with water ordinances. This meeting will be about issues regarding the Eno River. The back of the abstract shows the agenda and the invitees. It was shared with Hillsborough at the joint meeting last week and he and Commissioner Halkiotis shared it with the Durham City elected officials. Environment and Resource Conservation Director Dave Stancil said that this is an opportunity to get people together far issues related to the Ena -infrastructure, water supply protection, groundwater, surface water, etc. A motion was made by Commissioner Carey, seconded by Commissioner Faushee to halt the Eno River Confluence on Tuesday, April 11, 2006 from 9:00 a.m. - 2:00 p.m. at the Big Barn in Hillsborough and to use funds from the BOCC Contingency Fund for rental of facility and providing lunch for attendees. VOTE: UNANIMOUS Commissioner Carey asked if the resolution to the different water ordinances has been fixed yet and Chair Jacobs said that this is one of the six issues identified to discuss. Commissioner Gordon said that the Board approved a Water Resources initiative last spring and were not able to fund it at that time. She thinks that this meeting could highlight the need in Orange County to implement this initiative. One of the three parts of the Water Resources Initiative addresses extreme conditions like droughts and floods. 6. Resolutions or Proclamations a. Resolution To Recognize Sheriff Lindy Pendergrass far Expenditure Reductions Through Alternative Funding The Board was to consider a resolution recognizing Sheriff Lindy Pendergrass and the Orange County Sheriff's Department far implementing significant improvements in County law enforcement services without increasing costs to County taxpayers and authorize the Chair to sign. POSTPONED b. Resolution to Recognize Bob Hall The Board considered a resolution recognizing Bab Hall far his volunteer work in Orange County and his active role in campaign finance reform across the State of North Carolina. Chair Jacobs read this resolution. A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to approve a resolution recognizing Bob Hall for his volunteer work in Orange County and his active role in campaign finance reform across the State of North Carolina. RESOLUTION TO RECOGNIZE BOB HALL FOR COMMUNITY INVOLVEMENT AND POLITICAL REFORM AND OVERSIGHT WHEREAS, Bob Hall has served the citizens of Orange County and the State of North Carolina through his political activism and volunteer efforts; and WHEREAS, he was a civil rights activist during a time of social turmoil fighting racism on the front lines; and WHEREAS, Bab Hall was the founding editor of Southern Exposure magazine examining culture and politics in the South; and WHEREAS, he has served through appointment by the Orange County Board of Commissioners on the Economic Development Commission, including serving as Chair, the Jury Commission, and the Comprehensive Plan Land Use Committee; and WHEREAS, in the best progressive tradition of Orange County, Bob Hall has charged forward as a crusader to transform campaign financing rules for candidates for public office; and WHEREAS, while serving as Executive Director and Research Director of Democracy North Carolina, Bob Hall has focused an electoral reform and the pernicious influence of money in politics; and WHEREAS, as a campaign watchdog, he has demonstrated his passion to reform money- driven politics and the role of special-interest money from hog farming to road building; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby recognize Bob Hall and acknowledge his hard work and endless hours of research in pursuing campaign finance reform for North Carolina and volunteering to serve the people of Orange County and the entire State of North Carolina. This the 2"d day of March 2006. VOTE: UNANIMOUS Commissioner Halkiatis said that he is proud to live in a county that has a person like Bob Hall in it. Bob Hall thanked the County Commissioners far the job they do as public servants and he said that these meetings are democracy in action. Commissioner Gordan added her commendations far Bob Hall. VOTE: UNANIMOUS c. Severe Weather Awareness Week The Board considered designating the week of March 13~" through 17t", 2006 as Severe Weather Awareness Week in Orange County. Emergency Management Specialist Eric Griffin said that they are getting into severe weather times and he said that they are working with schools on tornado drills and they are hosting a Skywarn class for amateur radio and emergency responders on March 16`". He read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve designating the week of March 13t" through 17t", 2006 as Severe Weather Awareness Week in Orange County. A PROCLAMATION Severe Weather Awareness Week March 13t" through 17t", 2006 WHEREAS, The National Weather Service and the Governor of North Carolina have proclaimed the week of March 13t" through 17t" as Severe Weather Awareness Week; and WHEREAS, Orange County is vulnerable to severe weather, including the devastating impacts of tornadoes, ice storms, and other inclement weather events; and WHEREAS, Tornadoes and severe weather occur each year in North Carolina; and WHEREAS, Orange County was most recently struck by a tornado on January 14, 2005; and WHEREAS, The need for residents to learn more about severe weather and how to protect themselves should be emphasized; NOW THEREFORE, we, the Orange County Board of Commissioners, hereby proclaim the week of March 13t" through 17t", 2006, as Severe Weather Awareness Week, and encourage all residents to learn more about severe weather and be aware of its dangers, especially during the spring and summer months. Adopted this 2nd day of March, 2006. VOTE: UNANIMOUS 7. Special Presentations a. Receive Public Comments on Proposal 5 Along with Related Items for a November 2006 Referendum on District Elections for the Board of County Commissioners The Board received public comment on the Board's plan to pursue Proposal 5 along with related items for a November 2006 referendum on district elections far the Board of County Commissioners; to provide the Board with an opportunity to consider the content of a Resolution calling for the referendum; and to give the Board the opportunity to provide comments, question and any further direction to staff. Chair Jacobs said that they had originally intended to hear public comment tonight and then act, but since Commissioner Foushee is not here, they can hear the comments and then take an action at the next meeting. Geof Gledhill said this is a process that had a beginning in January 2005 and there have been a series of meetings and public hearings. The Board of County Commissioners on February 16, 2006 approved Proposal 5, which says that there will be a total of five members on the Board of County Commissioners in the district and at-large plan submitted to the voters. The elections would continue to be partisan and the district map plan would have one member from district 1 (all of the County except Chapel Hill Township}; two members from district 2 (Chapel Hill Township); and two at-large members. Members elected from the districts would have to reside in the districts. They would be nominated from members of their party everywhere in the County and then ultimately elected by all voters in the County. The Board also confirmed that a referendum on Proposal 5 would be presented at a November 2006 referendum. The Board also confirmed that the implementation of the district at-large system would begin at the 2008 primary election. What has not been decided by the Board of County Commissioners, but is presented for consideration tonight, is an implementation or transition plan. He made reference to the map and the data that are available to the public. District 1 has approximately 39,000 people and district 2 contains approximately 76,578 people (based on 2000 census data). Chair Jacobs asked if the principles adopted by the County Commissioners were available to the public, and it was answered no. He read some of the principles, which are included in the agenda abstract. Commissioner Gordon said the proposal she came forward with had the possibility of nominating by district (nominating district) or just having people reside in districts (residency district}. She pointed out that the Board of County Commissioners voted 3-2 to make these residency districts, with Commissioners Carey and Gordon voting for nominating districts. PUBLIC COMMENT: Artie Franklin lives in Chapel Hill and made reference to page 3, paragraph one of the abstract. He said that he found Commissioner Cordon's suggestions logical, but he hopes that the Board will consider changing the references to the at-large seat to a countywide seat. He thinks that the at-large seat and at-large elections could lead to some confusion. Also, in the next paragraph regarding the publication of the resolutions, the News of Orange and the Chapel Hill Herald were both specifically mentioned. He asked that they also consider adding Chapel Hill News and the Daily Tarheel because it would increase the opportunity of Orange County residents to receive notice. He said that there have been comments by County Commissioners that the district representation proposal under consideration is a start. He said that it might be helpful to add an evaluation process to measure the effectiveness of and to provide for improving the proposal should it pass in November. Bob Strayhorn is a farmer in Orange County and he was representing his farming practices in his community and the Exchange Club of Hillsborough. He said that they are extremely disappointed in what has been presented. He said that it was totally inadequate for what they were hoping and trying to convey to the Board aver the years. He has been working with people in the County for over 20 years to address this issue. He said that since they have been developing in Orange County, they have been trying to have influence around Chapel Hill, Carrboro, and the Towns. He said that every time do this, they dilute the influence of the rural communities. He said that without something to help them be involved in the decision-making, they are in a no-man's land. He said that without 7 members and district elections, they have the same thing they have now. He sees no improvement whatsoever. He said that Chapel Hill Township where he lives could elect all 5 members now. He said that it would be nice to have other people involved in this and they want to be included ar they are going to lose the agriculture interest. He is very frustrated. Jeff Schmitt lives in Cedar Grove Township. He is the past president of the Orange- Durham Cattleman's Association and current member of the board of directors. In 1980 the population of Orange County was 77,000, of which 26,500 of the citizens resided in the six townships outside of Chapel Hill and voting was on an at-large basis. While Chapel Hill Township had a two to one majority, rural representation had been a reality an the Board of County Commissioners. By 2000, the County's population had increased to 115,000, and non- Chapel Hill Township's increased by 12,500 during this period, but the growth in the Chapel Hill population was almost double and two-thirds of the population of the County resides in the Chapel Hill Township. He said that mast if not all of the demographic components are dominated by Chapel Hill. He said that there are many citizens in Chapel Hill who feel that County residents, that is, non-Chapel Hill residents, should have a voice for County Commissioners nominated in and elected by those citizens of the County. He said that the effective voice in County government of the 39,000 citizens is slowly eroding. He said that 39,000 citizens deserve their own representative -nominated by and elected in the general election by them. He said that the voice of these citizens is a more conservative voice than the Chapel Hill Township. He said that if there is countywide voting in the general election, the Chapel Hill influence will dominate and there will not be a two-party system. He echoed the comments of Bob Strayhorn and suggested that if they ga forward with Proposal 5, they will be wasting taxpayer money. He said that this proposal does not address any of the concerns that have been voiced over the past 13 years regarding district representation. Kat Cheek said that she worked for 37 years with the U. S. Department of Agriculture Farm Service Agency. She is now serving on the Board of the North Carolina State Grange and is president of Schley Grange. Most of the members of the Schley Grange signed the petitions asking for the consideration of nominating and electing County Commissioners by district. She owns land in northern Orange County but resides in Chapel Hill and she understands bath sides of the County. It concerns her that Chapel Hill is one side of the County and northern Orange is another side of the County. She wants to get something done that will keep the County united in all that it does. She thanked the County Commissioners for all of their work. She said that she is hearing much disappointment with this proposal, and it does not change what they have now. She said unless you give consideration to the proposal the citizens gave, the County will still be divided. Vern Miller is from Caldwell Community and he pointed out the divisiveness of this proposal. He said that everyone knows that Chapel Hill has the weight in the County and he said that the people in the outlying areas are now a minority in the County. He said that after they attended a public hearing in the fall, everyone that talked at the meeting -most of them were from the Chapel Hill/Carrbaro area -was in favor of the citizen's proposal. He is very frustrated with County government and the song and dance. He said that the County Commissioners do not seem to want to act on this proposal. Howard McAdams, Jr. is a full-time farmer and a volunteer fireman. He asked if the volunteer fire departments would have to pay for part of the 800-megahertz radios. Also, he thanked the County Commissioners for recognizing his wife at the last County Commissioners' meeting and he thanked them far supporting agriculture and the agricultural summit. He said that he would like for the Board to consider another plan and either change what is put in the referendum, ar put both plans an the referendum and let the voters decide which plan they would like. Oscar Compton is from Cedar Grove and was representing the Cedar Grove Ruritan Club. He said that they strongly support all efforts to bring district representation to the Board of County Commissioners. He said that this would be the fair and equitable thing to do. He said that he bought a farm in 1989 and he appealed to the Planning Department to let him build a country store. There was a store there before for about 79 years before it got burned. He said that if he could have had district representation at that time, he would have been able to build the store. He was told that he could not build a store because of the node. He asked far district representation. Lee Mortimer said that he is not a resident of Orange County, but he was asked by Keith Cook to serve as an advisor to the 1993 task force that the Board of County Commissioners appointed to study possible changes in the elections. This study is also referenced in the background materials. He said that Proposal 5 is not likely to satisfy the people that are asking for an alternative method of deciding who will represent them on the Board. The 1993 task force made two recommendations -one for cumulative voting and a district plan requiring two County Commissioners to live outside of Chapel Hill/Carrbora. The proposal for one rural resident Commissioner falls short of either of the proposals made 13 years ago. The problem remains that the two-thirds of voters living in Chapel Hill/Carrboro will continue to decide who will represent rural and northern Orange County. He said that the proposal would undoubtedly pass the referendum because the two-thirds of voters who decide elections now know that nothing will change for them. He said that the one-third of voters seeking a change would remain unsatisfied. He said that, in truth, district plans are not the best model and in many ways they do not improve representation. He agrees with the task force members who supported the cumulative voting recommendation in 1993. He said that this would be the optimum compromise between district and at-large representation. Cumulative voting would allow candidates to be voted on and elected by all voters of the County, just as they are today. But minority groups of voters -racial, political, or geographic -can cumulate their votes behind one favorite candidate and be relatively certain of electing someone who they feel truly represents their point of view. He said that several North Carolina counties and municipalities use a similar system of limited voting to elect boards and town councils. He said that the people asking for a new election system would probably prefer that the Board postpone any action until it feels more able to move ahead with something that addresses the concerns in a more meaningful way. Gary Barnes is a resident of Chapel Hill and the Chair of the Community Action Network. He said that they have taken an interest in the district election issue since Representative Faison proposed his bill. He said that, in general, they were supportive of two ideas -having proportional representation for residents of the County and increasing the number of County Commissioner seats to seven. He noted that the current proposal really means that only one of the five is assured to reside in a rural area, where 33% of the electorate lives. In terms of the issue of the number of Board seats, seven is a trend in North Carolina. In 1953, Orange County went from three to five members, largely in response to population growth. There has been significant growth since 1953 and he thinks it is time to increase the number of seats to seven. He supports aseven-member Board with a proposal similar to Representative Faison's or a five-member board with a "district vote", with one of those candidates voted on only by the residents of the district. Dolly Hunter lives in Bingham Township. She opposes Proposal 5 because it is the same if not worse than the present election system. She said that it just perpetuates the existing system with an even less chance of rural representation. She said that the rural residents should be able to elect who best represents their interests and it is not logical to let Chapel Hill decide who represents the rural residents. She said that a logical and fair method would be to have each district vote for their candidates in the primary and elect their Board members in the general election. Afive-member Board should have no at-large members and have two members from the rural district and three from the Chapel Hill district. A seven- member Board should have two members from the rural district and five members from the Chapel Hill district or a combination of at-large and Chapel Hill residents. Regardless, she said that each district should be able to elect those who represent them best. These methods would maintain the majority, but protect voices that otherwise would not be heard. She is also concerned about the transition process. She suggested that the 2008 election, with the five- member Board, have one rural district seat filled and the seven-member Board would have two rural district seats filled. Then, in the 2010 election, with the five-member Board, the remaining rural district seat would be filled and the seven-member Board would have the remaining at- large seats filled. She said that the rural seats would need to be filled sooner than later. She suggested that the referendum have a third box that says, "In favor of district voting, but not of this proposal." She said that in the final report of Shaping Orange County's Future, the number one top ten critical issue was putting community building first by changing the election process, including looking at increasing the size of the Board to make the Board more representative of the rural County citizens. She said that all County Commissioners do a great job with issues that treat all citizens equally, such as social services, but when it comes to land use, it feels the County Commissioners make decisions that favor the Chapel Hill voters that elected them and not the rural people. She made reference to an article in the News and Observer yesterday where Senator Ellie Kinnaird was quoted, "If you are the incumbent in power, you want to maintain that in the next election. It's the nature of an organization to maintain itself." She said that if the County Commissioners feel that they truly represent the rural people and they want to make the election process in Orange County the best that it can be, they will make a district voting resolution of integrity and not incumbency. Bill Ray said that he is representing the American Legion and he commended the County Commissioners for getting started on district representation. He said that they have not gone far enough. He spoke in favor of more districts and seven County Commissioners. He lives in northern Orange County and it has been 20 years since they have had a County Commissioner living to the north of Hillsborough. Representative Bill Faison distributed a letter and materials to the County Commissioners. He lives on a farm in Cedar Grove and he said that he loves everybody in Orange County, but he represents the people that live in the 75°~ of Orange County that does not include Chapel Hill and Carrboro. He said that there is a problem in the way we elect County Commissioners. He said that Chapel Hill and Carrboro makes up 213 of the population of the County, but the County also has a small town area of Hillsborough and Efland and rural areas. He said that beginning 13 ~/z years ago, there was an agenda item almost identical to the one they have tonight. A task force grew out of this item that one year later reported back to the County Commissioners that, "the current system does not provide for fair and equitable representation for all the citizens in the County." A proposal grew out of this for a district at- large method of election, increasing the County Commissioner from five to seven, with five elected from districts and two elected at-large. The County Commissioners did nothing with regard to this proposal. Four years later, the matter came up again by Commissioner Carey, who said, "a plan to provide district representation would increase the probability that citizens who live in the rural areas will have a reasonable chance of being elected." In response to this, the County Commissioners did nothing. Six years later, the issue was brought up again by Commissioner Carey, who proposed expanding the Board to seven members and having district elections. It was defeated by the Board 3-2. Nine years later, it came up again, this time in the Shaping Orange County's Future Task Force Report. This said that, far many rural residents who have spoken to the task force, the issue of district representation is the primary issue they feel needs to be addressed. The group recommended a very short-term task force appointed, which would consider expanding the seats of the County Commissioners and having the election of County Commissioners from districts. Still, nothing happened and the County Commissioners did not give a voice to the rural or small town portion of the County. This past year, in January, 1,40Q citizens of the County signed petitions asking that the Board consider district representation and expanding the County Commissioners. It was sent to staff to be investigated. He filed a bill in the General Assembly after about two months, trying to give the County residents that which the County Commissioners would not give them. He said that this was simply a chance to vote on the question of whether to expand the Board from five to seven and to have some of the County Commissioners elected from districts that would allow the rural and small town portion of the County to elect to the Board someone to represent them. He said that he has attended the public hearings regarding this issue and everyone who came to speak supported the proposition of electing people from districts. He said that they would like for the County Commissioners to put on the ballot in November a referendum on the following question: Will they expand the County Commissioner Board from five to seven, with four of them elected from the Chapel Hill Township, with one elected from the Hillsborough/Eno TownshiplEfland precinct, one elected from the rest of the County, and one elected at-large. He said that Proposal 5 was a change without a difference and does absolutely nothing. He said that far 13'/ years, residents of northern Orange County have been coming to the Board of County Commissioners saying they need a change and the ability to elect County Commissioners from districts. He asked the County Commissioners to revise their plan or else they will have to go back to the General Assembly. He said that, for the fourth time in 14 years, they are seeking to have representation. Margaret Wood Connell represented the Hillsborough-Orange County Chamber of Commerce Board of Directors and it's Governmental Affairs Committee. She said that the Board of Directors and Governmental Affairs Committee commends the Board of County Commissioners for their efforts to address the public's request for representation by district. They feel that the BOCC's response is a step in the right direction. The board and the committee are of the opinion that Proposal 5 does not ensure equal or adequate representation for all of the citizens of Orange County. Further, the board has concerns that afive-member Board, elected by all Orange County citizens and representing two districts will not allow far enough diversity of representation. The Board of Directors encourages the Board of County Commissioners to further investigate the viability of Proposal 3, aseven-member Board representing three districts as the most effective method to ensure equal representation. Bob Nutter is a dairy farmer and lives in Bingham Township. He said that the proposal does not meet the intent of the rural people that are asking for district representation. He wants to increase the County Commissioners to seven based on the population growth. Jean Earnhardt said that there is lack of representation for a significant number of people who live in the County. She is disappointed in Proposal 5 because she does not see haw this can guarantee rural representation. She thinks that rural representation needs to be guaranteed. Jamie Daniel lives in Cedar Grove and is a candidate far County Commissioner again this year. He said that Proposal 5 does not meet the needs of the people in northern Orange County. He said that there is a culture in our County to disregard the people of northern Orange County. He said that the thing that scares him is apathy. He called 45 people from his community to go to school board meetings and there was apathy because the people felt that no one would listen to them. He said that the sub-culture does not divide them, but makes Orange County unique. There is a different culture in Chapel Hill and they do not want to change things, but they just want to have their people represent them. He said that the Board has had over a decade to decide this issue and it is time to get it right. Betty Tom Phelps-Davidson is from Caldwell, which is about as far away from any township that you can get, and she said that this polarization and divisiveness has compelled her to run for Orange County Commissioner. She is a northern resident, but she cares for all of Orange County. She said that this current plan was not fair ar just. She said that the underlying issue is the emotion that they all feel tonight. She said that these people feel left out. She believes in district representation. She likes the idea of a referendum for the people and she plans to end the 20-year drought on May 2°d Chair Jacobs said that this item would be on the County Commissioners' agenda on March 21, 2006 at the Southern Human Services Center. b. Water and Sewer Capacity Implications of Increased Density in OWASA's Carrboro-Chapel Hill Service Area The Board received information that is also being presented to the governing boards of Chapel Hill and Carrboro relative to the relationship between increased development density in Chapel Hill and Carrboro and OWASA water and sewer capacity and direct staff to provide any additional information as the Board desires. Mac Clarke, Chair of the OWASA Board, introduced the presentation. OWASA Planning Director Ed Holland made a PowerPoint presentation. Orange Water and Sewer Authority Implications of Increased Development Density on Water and Sewer Capacity in the Carrboro-Chapel Hill Urban Services Area Presentation Outline - Is our water system adequate? - Can we support increased development density? - Important community trends o Local development o Recent water use Is our water supply adequate? (graphs of water supply and demand} The build out projection is that the ultimate demand will reach about 18 million gallons a day in the next 50 years. The current use is 8.5 million gallons a day. We can meet the community's anticipated build out needs, but we'1! become increasingly vulnerable to severe droughts until the Expanded Quarry is available in the mid-2030's. In October 2002, the height of the drought of record, they had the Cane Creek Reservoir available and the system was drawn down to 32%. Even at that time, they still had 110 days worth of water available far the community. Presently, they are more than 90°~ full in the system and they have 11 months worth of water available. Can we support increased development density? We think so, because: 1. OWASA's projections for ultimate future demand correspond to housing and employment levels that are about 20% higher than local build out projections, and 2. Readily available conservation technology can support increased development density with little or no net increase in water service demand. By reducing water use only 25 percent per unit, a given volume of water can serve 33 percent more unifs. Greater Water Use Efficiency: - Ultra-Low Flow {ULF) plumbing fixtures - Retrofit upon resale - Rainwater harvesting - Sustainable landscaping - Sub-metering of new multifamily construction - Connection to OWASA's water reuse system whentwhere available - Other CMPs (Conservation Management Practices) as appropriate Many of these advanced efficiency measures can be implemented through existing review and approval procedures. !n most cases, new ordinances or legislation would not be needed. Local Deveiopment Trends r"n Carrboro and Chapel Hii1 - Decreasing supply of raw land - Shift toward smaller SFR lot sizes - More infill and redevelopment, including tear-down - Increasing proportion of new attached, townhouse style residential housing - Proposals for higher intensity mixed-use projects in Carrboro and Chapel Hill - Projected decrease in er unit water demands Recent Trends in OWASA Customer Demands (graphs) - Water sales remain below historic highs - Single family home construction remains stable - Reservoir withdrawals have decreased since 2001 - Reduced drinking water peaks since 1999 - Reduced wastewater peaks since 1999 If these trends continue, the need for costly future plant expansions may be deferred (graphs) - Water plan expansion could be deferred 10+ years - Wastewater plant expansion could also be deferred Water Use By Major Customer Group: -Single family 31 °~ -Multi-family 24°la - UNC 28°~ - Commercial/Other 16°~ No Change Among Major Groups We can meet the utility needs of increased development density within the currently defined urban services area of Carrboro and Chapel Nill, but meeting (hose needs while maintaining the level of service expected by our citizens Will require additional and ongoing collaboration among OWASA, local governments, and the development community. Commissioner Carey asked if any assumptions were made about Carolina North in the trend lines and Mr. Clarke said that they have had Carolina North information in for the past several years. However, they may be looking at different situations in Carolina North. They have a certain amount of wiggle room in their projections. They feel that Carolina North will not unduly affect the future picture of water supply. Commissioner Carey said that the Board would probably like to participate in discussions about the items that might continue to conserve the natural resource. Commissioner Halkiotis said that things have changed from 20 years ago and people used to bad mouth OWASA. He said that OWASA has done a good job. Chair Jacobs said that the more they can reuse and reduce water usage, the less they have to talk about building new reservoirs. He said that OWASA is doing environmental protection of a countywide order. Chair Jacobs said that the Board must address item 8-a and item 8-b, but they can defer all four items under 9. A motion was made by Commissioner Carey, seconded by Commissioner Halkiatis to defer all of the items under 9 -Items for Decision -Regular Agenda. VOTE: UNANIMOUS Chair Jacobs said that they should probably hear the report for item 10-b, which has to do with the ongoing issues of the Buckhorn water and sewer. Commissioner Gordon would like to address item 9-c if there is time. 8. Public Hearings a. Proposed 2005-2006 Secondary Road Construction Program The Board discussed and received comment on North Carolina Department of Transportation's Proposed 2005/2006 Secondary Roads Construction Program for Orange County. NCDOT Division 7 Engineer Mike Mills introduced County Maintenance Engineer John Howe and District Engineer Chuck Edwards. He said that they came in 2004 with a construction program of a little more than $1.4 million. In the latter part of 2004, they hit a cash flow problem with DOT. In 2005, the money was there but they could not spend it. It affected everything that DOT touches. In January 2005, they had to stag working an the construction program. They did not come in 2005 because they had nothing to spend. Now they have $1.6 million that they can spend, but they are still under spending authority. They have to go back and finish the 2004-05 program, which is $1.4 million. This only leaves $267,460 for the 2005- 2006 construction program. They are planning to complete the funding of Jackson Road ($200,000} and pave three subdivision roads (Cherry Street, Glenn Street, and Tanya Drive). Chair Jacobs said that they invited Mr. Robinson, the hero an Tanya Drive. Commissioner Halkiotis thanked Mike Mills for all he has done. Commissioner Gordon asked for lists of rural roads and Mike Mills said that he would provide this. Mr. Robinson said that he came to the Board four and a half years ago. He had a meeting with DOT, the Sheriff, and others. He said that he has been waiting for his road to get paved and he has had some goad dealings with Chuck Edwards. 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 Halkiotis, seconded by Commissioner Gordon to approve North Carolina Department of Transportation's Proposed 2005/2006 Secondary Roads Construction Program for Orange County. VOTE: UNANIMOUS b. Public Hearing and Resolutions for Alternative Financing for School and County Capital Projects The Board conducted a public hearing on the County's planned debt issuance using alternative financing, and considered adopting the related "Findings Resolution" and the resolution approving the financing documents. Rod Visser reviewed the actions needed of the Board. He said that the projects add up to $22 million in face value of certificates of participation (COPS) and include the Gravelly Hill Middle School, Efland/Buckhorn water and sewer, various renovation and improvement projects for the CHCCS, conservation easements, Seymour Center construction costs, planning for the new Animal Services facility, and permanent financing for the Sportsplex acquisition. He made reference to page 3 of the resolution, which lists each project with dollar amounts associated with COPS, with a couple of exceptions. The number for the Gravelly Hill Middle School should be $3.5 million, the acquisition of conservation easements should be $2 million, and the Efland/Buckhorn Community Water and Sewer construction should be $500,000. The Board may wish to change the last two amounts, based on item 10-b. He suggested sticking with the amounts for this resolution. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Resolution, which is incorporated by reference, supporting an application to the Local Government Commission for its approval of the County's 2006 installment financing rp ojects. UOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Resolution, which is incorporated by reference, providing final approval of terms and documents for County's 2006 Installment Financing. VOTE: UNANIMOUS 10. Reports b. Buckhorn Road EDDJCommunity Water/Sewer Project -Project CompletionlTiminq Issues virtue of the County conveying $50,000 in up-front casts for the expansion of the line from 8" to 12", they will reduce their usual water rates to the Buckhorn community to $4.50 per thousand gallons. It is estimated that this $50,000 will allow these residents to have reduced charges for five years. The attorneys are working out the details of the agreement. Regarding the County's STAG (State and Tribal Assistance Grant} funding being in danger by reconfiguring the overall Buckhorn Road EDD community and central Efland project, it has been responded to in part by the State. However, as of yesterday, the State has indicated that it wants this response in terms of how the County plans to reconfigure the project in writing. There is a draft letter for the Board to consider (pp. 7-8). The letter makes it clear that the County wants to make sure in writing from the State in a formal letter that the STAG money will not be negatively impacted by this reconfiguration. The recommendation for the Board of County Commissioners tonight is to authorize the Chair to sign this letter when they receive the written assurance by the State in a formal letter that the STAG money will not be in jeopardy by the reconfiguration. John Link said that staff is not receiving an expedited review process from the State and it has been very frustrating. It seems that there is a new question raised everyday. County Engineer Paul Thames said that they would submit a revised set of plans and specs and if the State accepts Mebane's plans for upgrading its system, then they should be advised in approximately five days. The next step would be to advertise the project for bids, take bids, go into construction, etc. Commissioner Gordon said that it is key to get something from Congressman Price's office. She said that they are not finalizing it without a letter from Congressman Price. Paul Thames said that the Board would authorize the letter, but it will not actually be sent until there is assurance from both the State and the Federal offices. John Link said that if they receive satisfactory responses from the State and Federal offices, the Board will authorize the Chair to sign the letter before March 13tH A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Manager's recommendation to accept the report as a basis for upcoming decisions on 1) reconfiguring the STAG funded project to separate out the portion that will serve the Gravelly Hill Middle School; and 2} designating utility extension funding sources outside the grant process; and authorize the Chair to sign the letter (Attachment 2) contingent upon 1) written assurance from the StatelCGLS that the actions being taken will not affect the STAG grant, and 2) confirmation from Congressman David Price's office that his office does not believe that the actions being taken will adversely affect the STAG grant. VOTE: UNANIMOUS a. Efland-Mebane Small Area Plan The Board received a report on the draft Efland-Mebane Small Area Plan. Chair Jacobs said that they had a meeting of this group and the document that will go to the public is different than the one in the agenda packet. The point that was not really discussed at the last meeting was the recommendation part. He made reference to page 80, Area South of Railroad Tracks, and page 80-81, Southeast Portion of Planning Area. He said that he does not want to lead people in the direction that they do not want to go or mislead them, such as growth into areas that are in the critical area of the Seven Mile Creek Basin. He wants to focus on these two items. He made reference to the area south of the railroad tracks and asked if it was the intention that growth would be north of the interstate and Planning Director Craig Benedict said yes. Chair Jacobs asked that this be more specific in the report. Chair Jacobs asked about page 81 and Craig Benedict said that there is an area north of I-85 that is in the critical area of the Eno. The task force suggested that areas north of I-85 could also be developed in the future. Chair Jacobs said that he wants to suggest moderating words, such as (in the second paragraph} "It is recommended that the southeast portion of the planning area might be designated ar could be designated." Chair Jacobs said that the community meeting will be March 27th and the County Commissioners will have ample notice. It will go back to the group far a final recommendation, and then it will go to public hearing in May, and then the Planning Board far a recommendation and back to the Board of County Commissioners. 9. Items for Decision--RegularAgenda c. Approval of the Proposed Acquisition of Real Property iPenny Tract) from the Triangle Land Conservancy The Board considered approval of an agreement to acquire a 22.37-acre portion of the Penny property located in Orange County from the Triangle Land Conservancy (TLC} for an addition to the planned New Hope Preserve and instructing the County Attorney and staffs from ERCD and Finance to schedule and complete a closing on the property expected to occur on or before April 30, 2006. Dave Stancil said that this is the next step towards the New Hope Preserve. This action would confirm the County's participation in the acquisition of the property. It would be a simultaneous closing, at which time TLC would commit property to Orange County. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiatis to approve the contribution of funds toward the purchase by the Triangle Land Conservancy of 22.37 acres of land (Penny Tract) located west of Pickett Road; and accept the conveyance of the deed to the 22.37 acres of land from the Triangle Land Conservancy; and instruct the County Attorney and staffs from ERCD and Finance to schedule and complete a closing on the property expected to occur on or before April 30, 2006. VOTE: UNANIMOUS a. Master Plan Process -New Hope Park at Blackwood Farm The Board was to consider a process for the creation of a master plan for the New Hope Park at Blackwood Farm property and authorize the recruitment of citizens and members to serve on the proposed committee. DEFERRED b. Proposed Memorandum of Understanding -Haw River Trail Corridor The Board was to consider entering into a memorandum of understanding (MOU) with the State of North Carolina (Division of Environment and Natural Resources} (NCDENR) and other local governments regarding planning for a Haw River Trail Corridor and authorize staff from ERCD and Recreation and Parks to participate in the subsequent discussions and planning efforts. DEFERRED d. Interlocal Agreement between Town of Hillsborough and Orange County for National Pollutant Discharge Elimination System Phase II Services The Board was to consider approval of an Interlocal Agreement for implementation of the Stormwater Program for the Town of Hillsborough by Planning & Inspections' Erosion Control Division. DEFERRED 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to adjourn the meeting at 10:29:56 PM. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board