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HomeMy WebLinkAboutMinutes - 20060410APPROVED 514!2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS MEETING TO DISCUSS MANAGER SEARCH PROCESS April 10, 2006 5:00 p.m. The Orange County Board of Commissioners met on Monday, April 10, 2006 at 5:00 p.m. to discuss the process and timeline for the Orange County Manager search at the Purchasing Office conference room in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, Vice-Chair Stephen Halkiotis, Commissioners Moses Carey, Jr., Valerie P. Foushee, and Alice Gordon COUNTY COMMISSIONERS ABSENT: COUNTY STAFF PRESENT: Deputy Clerk to the Board David Hunt NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. The Grange County Board of Commissioners met to discuss the County Manager search process and timeline with Jim Mercer of "The Mercer Group, Inc.". Each member of the Board had received copies of the previously submitted one-page listing of search process components compiled by each Commissioner. At the request of the Board, Jim Mercer proceeded to discuss search steps and timeline. I. Data Collection (Nlay 1Q) - written materials - interviews with - BC~CC - others - focus groups - collection of public input II. Search (July 14) - advertising - reviet~-• of data base - sourcing and networking III. Reviewing and Evaluating by consultant {August 5) {this step would narrow down to 8 - 9 candidates} - intervie«° - reference checks - Background checks IV. Candidate Report /Interview Guide (August 7) (narrow down to about 5 candidates) V. Interview and Assessment by BOCC {August 12 -15) VI. Selection (August 22) VII. Negotiation (August 31) (with a start work date no later than November I) VII. Follow-up - check in quarterly for 1 ~ year - establish perfoi7nance criteria for 1 -2 months on the job Jim Mercer stated it would take between 34 to 94 days to get a new manager on board and working after the selection. Chair Jacobs mentioned County Manager John Link would be leaving August 31. The Clerk's Office will need to schedule summer calendars to coincide with the proposed timeline. Commissioner Halkiotis was not in favor of spending an entire day interviewing each candidate. Chair Jacobs suggested that NIr. Mercer meet with the Clerk, County Attorney, and current Manager during phase I Data Collection. Also, he suggested that Mr. Mercer should also meet with a focus group from the Employee Consortium. Jim Mercer stated that public forums were not especially productive. Commissioner Carey suggested for l~~r. Mercer to meet with the area 1~~layors and Chambers. Commissioner Halkiotis suggested using the Internet, newspaper ads, and public postings to collect public input. Commissioner Gordon suggested posing only one question to the public, "What are the most important qualities in a manager?" Commissioner Carey requested information on the tool used for interviet~~ing the Human Resources Director. He said that this might be useful if modified for the manager search. The Board agreed that public comments need to be submitted to the Clerk's office, either by the Internet or by other methods no later than Nlay I5. The Board agreed to finalize the public question to, "What are the most important characteristics for a county manager?" The meeting adjourned at 6:45 p.m. Barry Jacobs Chair David Hunt Deputy Clerk APPROVED 611 312 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 10, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, April 10, 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., 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. Commissioner Halkiotis said that Chair Jacobs asked him to start the meeting. Commissioner Gordon and Chair Jacobs were attending another meeting and would be arriving later. 1. Additions or Changes to the Agenda Commissioner Halkiotis pointed out the additions and changes. There was a revised item 9-e-1 (pink sheet). Item 9-e-3 was a new appointment to the Board of Adjustment (yellow sheet). There was a yellow sheet with statistics on EMS calls for fires. The blue sheet was the Orange County reservoir water supply levels. There was a revised abstract for item 9-c. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda William Reid thanked the Board of Commissioners for allowing him to speak and this is his 80t" birthday. Commissioner Gordon arrived at 7:35p.m. and Chair Jacobs arrived at 7:40 p.m. William Reid said that he is concerned about our library and that it is not funded as other libraries in the area. He would like the Board of County Commissioners to appoint a committee to came up with recommendations. Commissioner Halkiotis said that there was a Library Task Force and the Clerk's office will send Mr. Reid a copy of their report. The County is in the process of upgrading the library facilities, including the passibility of a new structure within walking distance of the current facility. b. Matters an the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Foushee - no comments. Commissioner Carey - no comments. Commissioner Gordon said that she went to the first Air Quality Advisory Committee meeting and they reviewed how they wanted to reduce greenhouse gases. After the meeting, a representative from UNC spoke to her about the University being interested in purchasing methane gas from the landfill on Eubanks Road. She asked that the County investigate this possibility. Commissioner Gordon said that there was a Master Aging Plan meeting and the group is making good progress. Commissioner Gordan said that there was a meeting at the Northern Human Services Center to discuss the walking track. Commissioner Gordon said that she attended the bluegrass festival at Cedar Grove Ruritan Club and that it was wonderful and the musicians were fabulous. Commissioner Halkiotis made reference to the water supply reservoir level information and that Orange County has recently been upgraded to severe drought conditions. There have been significant fires along the interstate to Florida and drought conditions all the way down to St. Petersburg. On the community information broadcast in St. Petersburg, they were asking people to conserve use of reclaimed water. Commissioner Halkiotis asked that the Manager and staff provide a handout at the next meeting from the individuals heading up the conservation efforts to talk about some of the educational efforts such as fuel savings achieved, etc. Commissioner Halkiotis said that there was a tragedy that happened in Detroit, where a child tried to get help for his mother and the 911 operator did not believe him and his mother died. He is glad that he lives in Orange County because he knows that this would never happen with the staff here. He asked about the protocol for Orange County for handling 911 calls. Dinah Jeffries said that operators take every call as a real call and never assume anything. Chair Jacobs said that he read that in Detroit that more than %4 of their calls are prank calls. Dinah Jeffries said that they da not allow their operators to make the decision whether it is prank or real, and that the determination is made on site. Chair Jacobs said that the Efland-Mebane Small Area Plan Wark Group had a public comment session two weeks ago and about 100 people were in attendance. This group is going to meet on April 24th for final recommendations, which will go to public hearing in May, to the Planning Board, and then to the Board of County Commissioners. He said that there has been a lot of public participation. He said that People far Progress had same concerns about housing in the EDD and how they could hook up to the sewer system. Chair Jacobs said that the Transfer of Development Rights Task Force met again and the consultants are going to run some economic feasibility models of different scenarios in Orange County. Chair Jacobs said that he and Commissioner Foushee attended the second meeting of the Carolina North group and he said that they decided to come up with agreed upon principles for the development of Carolina North. Chair Jacobs said that he, Commissioner Gordon, and Commissioner Foushee attended Stand for Children last week, which addressed childcare issues in Orange County. Chair Jacobs said that there was another school collaboration meeting last week and they discussed school construction standards. They talked to the Sustainability Coordinator for UNC and she made a presentation about some of the things that they are doing that Orange County might be able to do. They also spent time with representatives of the recreation departments from Chapel Hill, Carrboro, and Orange County on how public facilities are being used and how they can work better together. He said that the second largest user of CHCCS recreation facilities is the University. He wants to make sure that there is public access to the recreation facilities that the University provides at Carolina North. Chair Jacobs said that the Justice Facilities Exterior Committee met and they are getting close to a recommendation, but they received a letter from the Historic Hillsborough District Commission that said they have some concerns about the process. A representative will be at the next meeting. Chair Jacobs said that they would have the Eno River Confluence tomorrow to talk about water issues and water supplies. It is open to the public and is at the Big Barn from 9:00 a.m. - 2:00 p.m. 4. County Manager's Report John Link said that he has asked EMS Director Jack Ball to talk about fire related issues and the brush fire situation because of the draught. Jack Ball said that he gave the County Commissioners a report based on the first quarter of this year as opposed to last year (yellow sheet). There were 115 more brush fires this year than last year. There were also 22 mare structure fires this year than last year. He said that they have provided mutual aid to other fire departments. He said that they have worked with the news media to educate the public on how serious this problem is. He was at Kerr Lake this past weekend and one of the rescue squads last its building and all equipment because of a fire. He said that some of the fires were set by juveniles and they are encouraging everyone to be careful with fire. Chair Jacobs asked if the State stops issuing burning permits during a drought and Jack Ball said that when it gets severe the State does stop. They have not issued a stop burn yet, but are discouraging burning. He will check on this. Chair Jacobs asked him to get the answer in writing. The staff will report back on how an individual receives a burning permit. 5. Items far Decision--Consent Agenda John Link read the consent agenda. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from January 24, 2006 and February 27, 2006 as submitted by the Clerk to the Board. b. Appointments i11 Hillsborough Planning Board -One Reappointment The Board reappointed Barrie Wallace to a second full term ending March 31, 2009 to the Hillsborough Planning Board. 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 three (3) requests for property tax release in accordance with 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 has adjourned. f. Legal Advertisement for Joint Planning Public Hearing - May 11, 2006 This item was removed and placed at the end of the consent agenda for separate consideration. g: Request from Town of Carrboro for Land Transfers The Board approved a request from the Town of Carrboro for the conveyance of a 0.2-acre parcel an Broad Street (tax map reference 7.93.F.2) to the Town, in consideration of the sum of $1, with the Town to pay all costs of the transaction. The County Attorney and staff would continue to evaluate the 5.03-acre parcel and report back at a later date. h. Budget Amendment #12 The Board approved budget and grant project ordinance amendments for fiscal year 2005-06 far Department of Social Services, Health Department, Non-Departmental-Commissioner Contingency, Emergency Management Services, and Non-Departmental-Critical Needs Reserve. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: f. Legal Advertisement for Joint Planning Public Hearing -May 11, 2006 The Board considered the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for May 11, 2006. Planning Director Craig Benedict said that the JPA has one formal item concerning a rezoning in the Rogers Raad area. There is anon-public hearing item regarding essential public facilities -the definition and how it works with the Water and Sewer Management Planning and Boundary Agreement. It would not be advertised in the newspaper, but if everyone agrees, it will be added to the agenda. Commissioner Gordon asked if the agenda would go out to all participants about this item and Craig Benedict said yes, because there needs to be concurrence before it is placed on the agenda. John Link said that he will be contacting the other two Managers and they will work through this agenda item. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for May 11, 2006. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. County Government Week The Board considered proclaiming the week of April 23-29, 2006 as Orange County Government Week and endorsing the "Official for a Day" activities and authorizing the Chair to sign. Sharon Hinton asked for the County Commissioners' approval of the 16~" year to proclaim Orange County Government Week. They are continuing the implementation for "Official far a Day" program. There will be students from all four high schools this year. Commissioner Carey read the resolution: PROCLAMATION Orange County Government Week April 23-29, 2006 WHEREAS, America's counties provide a variety of essential services that protect our communities; and WHEREAS, Counties protect residents from natural disasters, terrorist attacks, crime and drug abuse; and WHEREAS, Counties are the first to respond to emergency situations and are primarily responsible for planning for disasters; and WHEREAS, Counties work to protect families, children and youth; the elderly and disabled; and WHEREAS, Counties provide services that make America's communities stronger, safer places to live and raise families; and WHEREAS, Counties protect our communities, keep families healthy, help troubled youth, train laid-off workers and perform countless other jobs; and WHEREAS, Counties have a long history of providing critical services; and WHEREAS, County governments are the citizen's local government voice, providing solutions that bring communities together. Now, therefore, be it resolved that the Orange County Board of Commissioners, does hereby proclaim April 23-29, 2006 as National County Government Week in Orange County, North Carolina. This the 10t" day of April 2006. A motion was made by Commissioner Carey, seconded by Commissioner Halkiatis to approve proclaiming the week of April 23-29, 2006 as Orange County Government Week, endorse the "Official far a Day" activities, and authorize the Chair to sign. VOTE: UNANIMOUS b. Public Safety Telecommunicators' Week The Board considered proclaiming the week of April 9 -15, 2006, as Public Safety Telecommunicators' Week in Orange County and authorizing the Chair to sign. Dinah Jeffries said that this is their "shout out" to tell how well the Telecommunicators do their job, and on April 12t" there will be a dinner provided to the Telecommunicators. Commissioner Halkiotis said that at the first meeting with the EMS study consultant, discussion ensued that they have not recognized all of the firefighters, 911 dispatchers, and all public safety employees and volunteers, and they should plan to do this soon. He would be willing to serve on a group to plan this recognition sometime in the fall. Commissioner Foushee read the proclamation: PUBLIC SAFETY TELECOMMUNICATORS' WEEK 2006 A PROCLAMATION WHEREAS, Thousands of dedicated Telecommunicators daily serve the citizens of the United States and Canada by answering their telephone calls far law enforcement, fire, and emergency medical services by dispatching the appropriate assistance as quickly as possible; and WHEREAS, The critical functions performed by professional Telecommunicators also include those related to forestry and conservation operations, highway safety and maintenance activities, and many other operations performed by federal, state and local government agencies; and WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by the Association of Public Safety Communications Officials and the National Emergency Number Association; and WHEREAS, These associations are organizations of mare than 100,000 people engaged in the design, installation and operation of emergency response communications have set aside the week beginning April 9, 2006 to recognize Telecommunicators and their crucial role in the protection of life and property; NOW, THEREFORE, we, the Orange County Board of Commissioners, hereby proclaim the week of April 9-15, 2006, as "National Public Safety Telecommunicators' Week" in Orange County, North Carolina in honor and recognition of our County's Telecommunicators and the vital contributions they make to the safety and well being of County residents. Adopted this 10th day of April 2006. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve proclaiming the week of April 9 -15, 2006, as Public Safety Telecommunicators' Week in Orange County and authorize the Chair to sign. Chair Jacobs said that 911 is one of the best services of local government. VOTE: UNANIMOUS c. Sexual Assault Awareness Month The Board considered proclaiming April as Sexual Assault Awareness Month in Orange County and authorize the Chair to sign. Sonna Lowenthal was in attendance from the Orange County Rape Crisis Center. She said that it is unfortunate that this awareness month is needed because this is a crime that is usually swept under the rug. She said that they appreciate the Board of County Commissioners' support. Commissioner Gordon read the proclamation: Proclamation "Sexual Assault Awareness Month Proclamation" WHEREAS, the Orange County Rape Crisis Center assisted 434 survivors of sexual violence and their family members, friends and loved ones during the 2004 - 2005 fiscal year; and WHEREAS, the Orange County Rape Crisis Center works with the county's two school systems to provide all students with age-appropriate information about sexual assault prevention, reaching 9,007 children and youth during the 2004 - 2005 school year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team {BART} is bringing together law enforcement, the medical community, the legal system and other community advocates to improve services for survivors of sexual assault; and WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in their lives (NC Department of Health and Human Services, 1999}; and WHEREAS, in the United States, rape is the most costly crime to its survivors, totaling $127 billion a year considering factors such as medical cost, last earnings, pain, suffering and lost quality of life {U.S. Department of Justice, 1996); and WHEREAS, in the United States, 1 in 6 women and 1 in 33 men have experienced a completed or attempted rape at some time in their life {US Department of Justice, 1998); and WHEREAS, persons with disabilities in North Carolina experience sexual assault at a rate 4 times higher than persons without disabilities {Behavioral Risk Factor Surveillance System, 2000-2001); and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bureau of Investigation, 2002}; and WHEREAS, the blaming of the victim continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, anon-profit, volunteer agency which has been serving this community since 1974, is working with others in the community to stop sexual violence and its impact through support, education and advocacy; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, da hereby proclaim the month of April 20Q6 as "SEXUAL ASSAULT AWARENESS MONTH" and encourage all Orange County residents to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 10th day of April 2006. A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to approve proclaiming April as Sexual Assault Awareness Month in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Commissioner Halkiotis asked Sonna Lowenthal about the high number of women in North Carolina that have been assaulted - 1 in 5. Sonna Lowenthal said that the number of people that have been assaulted is enormous. Commissioner Halkiotis said that all citizens should be extremely concerned about this. Commissioner Carey said that this probably includes only the ones that have actually reported it. Chair Jacobs said that this would be a good time to contact the universities in the area to see if their athletes would like to speak on this topic to counteract some of the impressions that have been made lately by male athletes. d. Community Advisory Committee Appreciation Day -April 26, 2006 The Board considered approving a proclamation designating the day of April 26, 2006 as Community Advisory Committee Appreciation Day in Orange County to show appreciation to the members of the Orange County Nursing Home and Adult Care Home Community Advisory Committees for their advocacy efforts on behalf of the County's long term care residents and authorize the Chair to sign. Assistant County Manager Gwen Harvey said that this proclamation was submitted by Jill Passmore, Region J Lead Lang-Term Care Ombudsperson. The idea is for the Board of County Commissioners to recognize the Orange County Community Advisory Committee that works with nursing homes and adult care home facilities as an advocacy group to ensure that there is proper protection and the right environment for the users. She said that Chair Jacobs met with Mary Ann Peter, Chair of the Nursing Home Committee to discuss an issue about a nursing home in Chapel Hill. Chair Jacobs said that they were told by Jill Passmore that this was the first time that a County Commissioner had written to the State government to copy them on a complaint about the quality of care in a nursing home environment. He found this amazing and was glad that Orange County was the one to do this. Commissioner Halkiotis said that he is not surprised that this came from the Orange County Board of County Commissioners. He said that if someone is not watching out for this group, then horrible things could happen. Commissioner Halkiotis read the proclamation: A PROCLAMATION COMMUNITY ADVISORY COMMITTEE APPRECIATION DAY APRIL 26, 2006 Whereas, Nursing Homes and Adult Care Homes have accepted the responsibility for providing long term care health services to the citizens of our community, and Whereas, Over 900 residents reside in long term care facilities in Orange County, and Whereas, The quality of care and quality of life of long term care residents depend upon the daily, conscientious services and hands-on care provided by long term care facility staff, as well as the honoring of federal and state Residents' Bill of Rights, and Whereas, Nursing Home and Adult Care Home Community Advisory Committees, whose members are appointed by the Board of County Commissioners to serve as grassroots ombudsmen and advocate for the rights of residents, as well as the physical, mental, emotional, and spiritual well-being of these residents, and Whereas, Nursing Home and Adult Care Home Community Advisory Committees are trained volunteers who collaborate closely with residents, family members, facility staff, the Long Term Care Ombudsman Program, the Orange County Department on Aging, and regulatory agencies to ensure quality care in full recognition of residents' dignity and individuality, and Whereas, These Committees serve as the nucleus for increased community involvement with long term care facilities and their residents, and Whereas, The Committees promote community education and awareness of the needs of long term care residents, and work toward keeping the public informed about aspects of long term care, and Whereas, The committees apprise themselves of the general conditions under which residents are residing in the homes, and work far the best interests of these residents, Now, Therefore, we, the Orange County Commissioners, do hereby proclaim April 26, 2006 as Community Advisory Committee Appreciation Day And urge all residents to join with us in this observation. We further encourage all residents to express appreciation for the advocacy efforts of the Nursing Home and Adult Care Home Community Advisory Committee members who represent the public good for Orange County. This the 10th day of April 2006. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve a proclamation designating the day of April 26, 2006 as Community Advisory Committee Appreciation Day in Orange County to show appreciation to the members of the Orange County Nursing Home and Adult Care Home Community Advisory Committees for their advocacy efforts on behalf of the County's long term care residents and authorize the Chair to sign. VOTE: UNANIMOUS e. Resolution To Recognize Orange Congregations in Mission for 25 Years of Service to the Community The Board considered a resolution recognizing Orange Congregations in Mission (OCIM) for 25 years of service to the community and authorize the Chair to sign. Leo Allison was present on behalf of OCIM and he said that during the past 25 years they have provided for the neediest citizens of Orange County. They are proud to be partners with the County and other agencies in the County and they are glad to continue this partnership for years to came. On May 8t'' they will be celebrating this with an ecumenical service. Chair Jacobs read the resolution: RESOLUTION TO RECOGNIZE ORANGE CONGREGATIONS IN MISSION FOR 25 YEARS OF SERVICE TO THE COMMUNITY WHEREAS, Orange Congregations in Mission is celebrating 25 years of service to northern Orange County and the surrounding communities; and WHEREAS, OCIM works with the volunteer support of over 45 diverse congregations to minister to the urgent needs of citizens to enhance self-sufficiency; and WHEREAS, OCIM works through references from the Orange County Department of Social Services, pastors of member congregations, Orange County Health Department, American Red Cross, Orange County Schools, Orange County Sheriff's Department, and Hillsborough Police Department; and WHEREAS, through the Samaritan Relief Ministry, OCIM has helped meet the emergency needs of those who find themselves in a crisis situation by providing food, clothes, utility payments, andtor shelter; and WHEREAS, in 2005 OCIM, through its Samaritan Relief Ministry, assisted 4,432 individuals and family members during their time of need with financial and spiritual support and of those, 1,787 were children; and WHEREAS, through the Meals an Wheels program, OCIM has provided food far the elderly and homebound, serving over 11,000 meals in 2005; and WHEREAS, the OCIM Thrift Shop offers recycling at a personal level by providing clothing and household items for those on a low budget; and WHEREAS, Orange County has received first hand observations of the positive impact of OCIM services from Orange County Government employees who volunteered time and energy in support of OCIM programs, especially with Meals on Wheels delivering food; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners do hereby acknowledge the significant support and service to community members in need provided by Orange Congregations in Mission aver the past 25 years to make Orange County a wonderful and compassionate place to live. This the 10t" day of April 2006. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve a resolution recognizing Orange Congregations in Mission {OCIM) for 25 years of service to the community and authorize the Chair to sign. VOTE: UNANIMOUS 7. Special Presentations a. Fairview Public Campus Master Plan The Board received and considered the proposed master plan for the Fairview Public Campus, including Fairview Park. Dave Stancil said that this master plan was presented at the joint meeting with the Tawn of Hillsborough a month ago. He said that this is a culmination of many years of discussion about the park in the Fairview Community. There were some committee members present. He said that Chair Jacobs and Commissioner Halkiotis served on the Master Plan Committee as it met. This now completes the master plan processes for all of the bond park projects. He made reference to page 7 of the materials, which is a table of activities of the committee to create the master plan. The site had a lot of constraints and the design is a pod concept, which is an attempt to try and work around portions of the property -the farmer landfill area and the town's storm debris area. There are access paints to the park throughout the community. The facilities that the group outlined as priorities were the lighted basketball courts, the full-size youth softbalUbaseballfleld, playground, and picnic shelter. He made reference to page 12 and said that the committee is still interested in the passibility of using the former landfill areas to the north at some point in time. They recommend sowing the grass for now and making a meadow, or a mare passive recreational area. Dave Stancil said that they are thankful to citizens who participated in this project over the last three months. He said that the Town of Hillsborough is to consider this on May 8th and then if bath jurisdictions approve this, they can discuss the land swap and a memorandum of agreement far operations and maintenance. They would put a copy of this master plan at the Fairview community police substation. As far as funding, they need to make decisions about which facilities would be built with the existing funds. They propose moving forward with the construction bids sa that decisions could be more easily made. The recommendation is to receive the plan, discuss it, and provide direction to staff. Commissioner Halkiotis said that it was 20 years ago when this park was proposed. It is disheartening in one way and wonderful in another. He commended the Environment and Resource Conservation Department because no one in the department whines. He is proud of the department for drawing up the master plan with the help of Marybeth Carr. Master plans cost at least $50,000 to take out to consultants. He commended Dave Stancil far doing master plans in-house. He thanked the staff for making this park finally happen. Commissioner Carey commended staff and citizens on their hard work. He asked about the discussion with the Tawn of Hillsborough about operations and maintenance of this park to date. Recreation and Parks Director Lori Taft said that a couple of years ago they had a staff level meeting and there was willingness then, and they hope to begin formal discussions within the next year. Chair Jacobs said that when they present the report, they need to give credit to the citizens that have worked on this also. Dave Stancil said that they would do this. Chair Jacobs made reference to the agreements with Hillsborough that could take most of the year before going to construction bids. Dave Stancil said that some of that could occur simultaneously. Chair Jacobs suggested that if they vote an the master plan that they ask John Link to contact the Manager of Hillsborough to schedule meetings to discuss issues before they move forward with the project. Chair Jacobs asked if they could post the master plan at Fairview in the window with proposed project schedule and proposed uses. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt the Fairview Public Campus Master Plan, including Fairview Park. John Link said that, as a point of clarification of the timetable, as they pursue the "meadows of dreams", he asked if they have determined the amount of money to make the area safe for walking dogs. Dave Stancil said that there are remediation casts that are beyond what they are talking about, but the assumption is fairly minimal for sowing grass. They hope to do this in-house. Commissioner Carey said that he remembers that the Master Plan Committee was supposed to make recommendations to the elected officials (pages 18-19) and he asked if this was done. Chair Jacobs said that is part of what they are asking John Link to do as next steps, assuming the Town of Hillsborough adopts the master plan. VOTE: UNANIMOUS 8. Public Hearings a. North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP) Grant Funding The Board conducted a public hearing for the NCDOT Rural Operating Assistance Program (ROAP) grant application, considered approval of the FY 200612007 ROAP grant application for a total combined amount of $116,025, and authorizing the Chair to sign the Certification Statement of Participation. AI Terry said that each year the North Carolina Department of Transportation's Public Transportation Division offers a grant application to community transit agencies such as Orange Public Transportation. It is broken into three different areas -elderly disabled transportation assistance program, rural general public program, and the Work First program - and these monies are used for the three different agencies. The total amount this year is $116,025, they apply for it every year, and there is no local match. These funds are used to help transport people and donate vehicles. He requests to open the public hearing and approve the application. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the FY 2006/2007 ROAP grant application for a total combined amount of $116,025, and authorize the Chair to sign the Certification Statement of Participation. VOTE: UNANIMOUS Chair Jacobs asked how much money OPT receives from the State for transportation services and AI Terry said roughly $250,000 in grants. 9. Items for Decision--Regular Agenda a. Update and Passible Changes to Plans at Northern Center The Board received an update on various departmental projects, programs, and activities underway in the building and on the grounds of the Northern Human Services Center at Cedar Grove. John Link said that with Recreation and Parks and the library, this facility is being used just about every day of the week. Once this building receives new plumbing with the new well and septic system, then the usage will definitely go up. Gwen Harvey said that this is a result of work that has taken place out in the field among many departments. The abstract has a summary of things that have been done and that are in progress at this facility. She said that there has been some discussion among community members about a walking track outside and also an indoor track in the gym. Chair Jacobs asked how much money is necessary to make improvements and Lari Taft said that the money was not budgeted for this project but they did get estimates of around $1,700 to provide gravel for a walking track. They have savings from Recreation and Parks' operating budget from this past fall that could be used. It was proposed to add a couple of benches to the front door area and these would be permanent fixtures and the walking track would be temporary. The walking track is 60 feet from the right-of-way and is not close to the road. The track is six feet wide and seven laps would make one mile. Commissioner Gordon said that this walking track grew out of a request to her from the community. She then brought it forward to see if it was feasible and worked with a walking track group to develop the details. She commended Lori Taft and Dave Stancil and their staff for figuring out haw this could be done. She said that most of the community was supportive of this and while there was some concern about safety, she thinks this is a good idea and amazingly inexpensive. She understands that if the Board approves this tonight, the walking track could be opened in about three weeks. Commissioner Halkiotis asked if there are outside security lights facing the building and Lori Taft said that she did not know. Commissioner Halkiotis said that this could be made more usable by putting some outside lighting to allow people to walk in the evening in a safe and secure manner. Chair Jacobs said that once they update what they are doing, he wants to post some kind of schedule in the windows at the Northern Human Services Center to let the community know what is going on there. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis that a temporary gravel track, benches, and other amenities at a cost of approximately $3,000 be on the east side of the Northern Center for recreational purposes. Commissioner Gordon asked that the motion include ratifying the detailed timetable and all agreed. VOTE: UNANIMOUS Chair Jacobs said that he also went to the Bluegrass Festival at Cedar Grove and experienced the rain shower that stopped the music. He noticed that there are two tennis courts there that are not being used that were apparently once sealed and used by students when it was a school. He wonders if the County could look at these since there is a constant demand for tennis courts. Lori Taft will look into this. Commissioner Gordon said to also make known that the Northern Human Services Center Library weekday evening hours will be extended from 5:OOpm to 7:OOpm. A member of the Cedar Grove Ruritan Club made reference to the tennis courts and said that they were used years ago by the community and they are in disrepair. He said that he and another member of RPAC had looked into grant money to no avail and the Ruritan Club has not been interested in upgrading these courts. He said that it would be great if Orange County wanted to pursue this. b. SUP-A-1-06: Partnership Academy Alternative School for Orange County (Class A Special Use Permit) The Board considered closing the public hearing, hearing recommendations, and then making a decision regarding the Class A Special Use Permit application for the Partnership Academy Alternative School far Orange County. John Link said that the purpose of this is to consider closing the public hearing related to the special use permit application for the Partnership Academy Alternative School for Orange County. After closing the hearing, the recammendatiansfrnm the Planning Board will be heard and the Board can make a decision regarding the application. The following was done verbatim as requested. Robert Davis, Current Planning Supervisor, said that he was still under oath as were the applicants. This is an SUP for the Partnership Academy Alternative School, which is a Class A Special Use Permit by this Board. We started out on this February 27t", that's when it came to public hearing for the first time. There were some issues that came up at the public hearing. The main three, on page two of the abstract, was the phase 2 issue with the Stoneycreek neighborhood to the east, they were concerned about the ball fields and the tennis courts and potential lighting. The applicant withdrew that portion of the phase at the meeting and redrew the plans and resubmitted the plans without these recreational facilities. It came up also at the public hearing; one of the Commissioners had indicated that they felt that perhaps Story Lane was a public road. Upon further investigation, it is a platted public road; it was never really petitioned by the DOT for maintenance and did not come back to this Board for a recommendation to accept it. There is a portion of Story Lane that is unbuilt. There was one other necessity that the County Commissioners have to do, was to make a finding of a public necessity for the school in order to not have to enhance or maintain the surrounding property under value, which is one of the general findings that you have to make. The Board did make that decision at the public hearing and you no longer have to discuss that tonight. The public hearing was continued back on March 21St and referred back to the Planning Board to make a recommendation and to hear additional evidence that was submitted at the public hearing. They did that and there were a couple of issues that they discussed and they are incorporated into the resolution. One of them was extending the sidewalk out from the school down to 86 and the other one was the extension of the right-of-way to be deeded from Story Lane to connect with the public stub street that exists within the subdivision of Stoney Creek. There was a stubbed place there that was unbuilt that would be proposed to tie into the Story Lane connection. What the recommendation from the Planning Board was to have a deed prepared, it's number 12 in the resolution, and submitted simultaneously at the time that the SUP would be recorded, which would convey that remaining potential right-of-way to the County for the County to hold until such time or never that the school submitted a second phase of the SUP. This is not proposed at this time and the applicant has not said that they would consider coming back with that other part since they removed phase two. What that would do is that they would prepare the deed, we would get the deed, we would hold the deed, and the construction of the alternative school would continue and they could not do anything within that right-af-way unless they submit a modification to the SUP and came back to the County Commissioners for decision to determine whether or not the road needed to be or did not need to be built at same future date. That was the Planning Board portion. It is back to you tonight with those same recommendations that the Planning Board made prior to the public hearing, with these additional two. There was one addition that did not make it into the abstract. It was buried into the report about bicycles routes and we could add that one if you so wish. It is that bicycle routes be installed at the alternative school and at the community relations building. Robert Davis explained where the findings were in the abstract. The Planning staff recommended approval prior to the public hearing and are still recommending approval. The Planning Board recommended approval both prior to the public hearing and when it was referred back to the public hearing. The administration concurs with the Planning Board findings the second time, provided that you get the applicant to submit evidence into the record. PUBLIC COMMENT: Cheryl Logan: I am Cheryl Logan and I did speak at the previous hearing. My house is immediately adjacent to the school property, and the proposed road that would connect, would connect with my driveway. There is no road there as such now; it is just a gravel driveway. So when you're talking about a road, you're talking about my driveway. Also, I am very, very certain that the Stoney Creek neighborhood will highly object to any additional traffic through the neighborhood. So, when there is a hearing held on that, you can expect to hear from all of us. Chair Jacobs: Mr. Attorney, please walk us through how we proceed. Geof Gledhill: What needs to happen as part of the public hearing is the applicant or an applicant representative needs to introduce all of the documents and other materials that have not been entered formally into the record. Mike Hammersly: Good evening, I'm Mike Hammersly with Corley, Redfoot, Zack, and I was sworn in earlier at the public hearing. With me tonight in addition from Orange County Schools is Dr. George McFarley, and I'd like to say at this time on behalf of the Orange County school system that I would like to enter all of the information that you have in your packet -all of the maps that have been presented at this hearing as well, be included as evidence in this case. And I'm available to answer any questions. Geof Gledhill: The next thing I would recommend that you do is to accept the Planning Board recommendation as part of the public hearing process. Commissioner Halkiotis: What if you don't agree with the totality of the Planning Board recommendation. Geof Gledhill: It doesn't matter, because you just accept it as being part of the record. You can either discuss the Planning Board recommendation or you can discuss whatever you want to do about the special use permit process or about the special use permit itself. The Planning Board recommendation is what it is. Commissioner Halkiotis; I think it's becoming just like the cable TV industry in Congress, Barry. I think this is a game. And I want to comment, sa if I have to vote yes so I can comment later on some of the stuff I don't really understand, then I'll have to vote for it, I guess. But it reminds me of Cable TV and the federal government. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to accept the Planning Board's recommendation into the record VOTE: UNANIMOUS Geof Gledhill: Accepting it into the record does not mean you agree with it. Next, you close the public hearing, unless in your discussion you anticipate asking questions that require evidence. Commissioner Halkiotis: I don't understand why we would want to make the school system responsible far having bicycle racks on a property where students are going to be bussed to school. This is an alternative school; it is not a regular school. Therefore, you are not going to have children walking to this facility or bicycling along dangerously narrow new 86. So, the recommendation is that they install bicycle racks and George McFarley is saying very clearly in the testimony to the Planning Board that school children will be bussed to this facility. So you've got all of these parking spaces and you've got also the need for bicycle racks. I don't understand that. I was here and so was Moses, I don't believe the rest of you were, when the proposal was made very innocently by somebody else in the Planning Department -different faces, different names - oh, they're going to put softball lights, they're going to play softball, and the Stoney Creek people rase up with concern. If those people knew tonight this proposal for punching a road through, you wouldn't have a seat available here tonight. And I would probably be agreeing with them. They prided themselves and still, I believe pride themselves that they live in a secluded area where they have peace, and tranquility, and harmony and we got people proposing to punch roads through the trees. I've walked that place the last nine years I worked for the school system. When they bought that land, I was present, when Stanback was built, I inherited that building and all of its construction issues, and there was never a proposal to punch a road through there, never. The sanctity of the people living back there was always respected as a given. Somehow or other, that given has vaporized. Now we're talking about punching a road through. You know, it's easy when you look at something from your perspective as a planner. I'm not picking an you guys, I'm just telling you, you need to respect and appreciate the people who live their lives behind the school. The school was already destructive when it came in. It changed people's lives forever. A lot of the people moved out and got out of there. And now, you punch a road in there, you'll see for sale signs pop up there next week and the County Commissioner meetings are going to be marred. Sensitivity to community and citizens must be paramount in all of this planning. And I praise this young lady here for having the intestinal fortitude to come out at 9:30 at night to speak out. Commissioner Carey: Did I hear you say that the bicycle rack is not a recommendation and you would ask us whether we wanted to make it one. Robert Davis: You're exactly right. It was not a Planning Board recommendation, it was buried on page three of the report, where it says, "bicycle racks shall be installed." It was not a recommendation; you don't have to do it. Commissioner Carey: The other question I had is are there sidewalks along 86 now? Robert Davis: No sir. Commissioner Carey: What are we going to connect the sidewalk to if we require it to ga dawn the hill to the street. Robert Davis: I've always heard that concrete will last a long time and eventually it would be connected if the road were done. You're about 3,500 feet south of where the Waterstone connection comes through. It's interconnectivity, walkability on the campus, basically one of the smart growth initiatives generally that you try to promote walkability on sites and get ready for the next site. Commissioner Carey: I don't want us to create any potential unsafe situations by encouraging people to walk down there and walk out on that street with those cars zooming by. That would be a concern forme. Geof Gledhill: Let me make clear that the neither the Planning Board nor the administration, which is John Link, Craig Benedict, and myself, have made a recommendation with respect to the bike racks. Also, neither the Planning Board nor the administration is recommending that there be any effort at all to connect up this road. What the recommendation amounts to is recommending that a condition of approval be that the Board of Education deed the property that would allow connection if, at some point in the future, there were further development of the 20.8-acre property or some other further reason to later make that road connection. There is nothing in the recommendation that commits anybody to a road; in fact it speaks directly the opposite to that. This is condition #12, which states specifically that no interconnectivity or improvements to Story Lane have been proposed and none are authorized herein. We concur with the sense of Commissioner Halkiotis that there is no reason to make a road connection now; we're just reserving the opportunity if there ever is a reason to make a connection. Chair Jacobs: Is Greystone Lane a platted public road. !t was answered yes. So, the roadway is to be reserved to make a connection for that should there be a reason. Geof Gledhill: Should there be a reason either one end or the other to make that a public road connection. It is similar to stub outs that you have required in a lot of subdivision work throughout the subdivision process. The fact that there is a stub out does not mean that there will be a road there, it just means that you are reserving that opportunity in the event someday there is a reason to do it. Craig Benedict: This subdivision of 43 lots had three stub outs in the original plan to and this property was also undeveloped over here at that time. On a portion of the existing Stanback school site, there is a sliver of property that starts creating that alignment to that portion there. This was a full right-of-way given completely on Stanback school property, and then a sliver heading towards that Greystone Lane connection. Just as perspective, those were some stub outs that were a part of the original subdivision. Chair Jacobs: As far as the issue of connectivity, Moses, even with the sidewalks, when you think about the fact that there is water and sewer on new 86, and one of the mistakes that I think that Hillsborough was realizing that it's made in its development until now is that it didn't put in sidewalks. I know that when we had the Orange Grave Road Access Management Plan, we realized much to our surprise that Cedar Ridge High School has no sidewalks in front of it, so that, even though it was built three years ago, that we had not been thinking proactively enough about pedestrian access. We don't want to lead people to walk out onto new 86 with cars driving by at 55-65 miles an hour, but looking forward like this, these stub outs and the possibilities of future connectivity, I think that's the purpose. I had a different question. As you know, we sit here periodically and we accept roads for public maintenance for private benefit all the time. I'm wondering why we wouldn't make it a condition that the application be made to North Carolina Department of Transportation to accept Story Lane far public maintenance as part of this approval. Is there any reason not to do that? Geaf Gledhill: There's no reason why you couldn't do that. I would defer to planners as to the reason why you shouldn't do that. Craig Benedict: If so instructed, it could be made part of the recommendation. Commissioner Gordon: On page 62, Orange County Smart Growth Attributes, Far Use With Private and Public Projects (Unadopted}, I think I brought this up before and remember Commissioner Foushee bringing this up before. I think that if we're going to be using these smart growth attributes, which I think we intend to do, we ought to formally adopt them. I don't know if these are the right ones, I haven't really tried to figure that out, but we should try to figure out what the smart growth attributes are going to be as it's come up with this project, it came up with the Durham Technical Community College project, it's came up with other projects, and then the whole question is who has to pay for it. That whole issue needs to be worked out and we need to put that on a future agenda for a formal discussion. Chair Jacobs: We'll try to put it an the May 4t" agenda. Commissioner Gordon: I think it's important to figure out how the school standards work in this regard because I think that the two school districts may have different ways of proceeding. I know that Chapel Hill schools have high performance standards. Well, of course, all of the Orange County schools are built for ten years. We should, if we're going to have County buildings and other buildings, we ought to look at the entire range of what should be included and have a formal process or adopt it. Chair Jacobs: In effect to your point, we might want to add to the joint meeting of the two school boards, and as part of that we were going to report on the school collaboration group's work and the school construction standards. We might want to just attach this as unadopted as an information item, so that the full range of thought that has gone into school standards is at least before us as we move forward into formalizing some kind of recommendation which that group would hope to do by the fall. Commissioner Gordon: All I was saying was to just move it along sa that if it is not possible on May 4t" to get it all figured out, they would have an update or status. Commissioner Halkiotis: Still on page 62 that Commissioner Gordon just brought up, under Transportation, "Sidewalks will be provided along the front of the school and out to NC 86." Are we talking about the existing Stanback school ar this alternative school? It was answered only this SUP. So, there is na sidewalk from the new school that goes to $6, but we're going to put a sidewalk from the alternative school out to NC 86. And the estimated cast of this is what? Because this, in my mind, is an unfunded mandate, which ultimately we're going to fund, but it's going to come out of our budget. So what's the cost on this sidewalk, even though there is no sidewalk and there was na insistence an a sidewalk back in 1992 when the plans were approved for the current A. L. Stanback middle school, there was no sidewalk put in, but we're going to insist on a sidewalk for this alternative school even though no one will be walking to the alternative school because they're going to be bussed. Which seems to be a no-brainer to me. I don't understand it. No one's walking to the school, but we're going to have a sidewalk to the school. Robert Davis: We assume that the people that use the Stanback middle school could walk across the street to use the sidewalk. We're not asking for anything to extend north along 86, only the portion to 86. Commissioner Halkiotis: So the sidewalk will come out to Story Lane and then it will go down Story Lane to 86. And some skateboarder is going to go whipping down that sidewalk and zoom up 86 and get hit by a cement truck. I know you guys don't plan things like that, but I also know what young people do these days with skateboards. We're going to pay for this sidewalk, you all know that. Mike Hammersly: I would guess the cost would be between $10-15,000. Commissioner Halkiotis: So if one does not agree with some of these things and one wants to vote against it, but one wants to vote for the alternative school, what does one do? I feel like I'm in a catch 22 here and this is totally insane forme. Geof Gledhill: If I can suggest that the Chair or any Board member can split it up and vote far the resolution of approval without conditions and then vote an the conditions separately. But that's really a Board question. Chair Jacobs: But first we need to close the public hearing. Let us do that first. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS Chair Jacobs: I would certainly entertain a motion to make an overall recommendation of approval or not. Geof Gledhill: You can make the findings and approve the resolution without the conditions, which will split it in a way that will allow Commissioner Halkiotis or whoever else wants to vote against conditions. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to approve findings and approve the resolution without conditions. VOTE: UNANIMOUS The Board reviewed the conditions by exception, which were #1 ~ and #72. Chair Jacobs: I would suggest adding a #13, that we require that the application be made to NCDOT to accept Story Lane for public maintenance. Commissioner Gordon: So you disagree with it why, because you're afraid they're going to go down the hill.... Commissioner Halkiotis: Because it makes sense and we don't even have these existing conditions at the current school that has 800 and something students and 100 and something staff. Commissioner Carey: Well, I think all of us understand smart growth principles and you have to plan way out even though something might not occur. I think this one, because of the nature of it, going downhill toward 86 creates potential unsafe situations. That was my concern. Commissioner Halkiotis agreed. Chair Jacobs: Well, if the sidewalk is going to end there, put a barrier there so that people couldn't go onto the road until such time that a connection was going to made to the sidewalk. Just because someone made ashort-sighted decision in 1992, doesn't mean that we have to compound it by making ashort-sighted decision in 2006. Commissioner Halkiotis: Well, I take a little offense to that, because bath Commissioner Carey and I and Commissioner Gordon were on this Board in 1992. I don't believe we were short-sighted. There wasn't all of this stuff going an. I never envisioned, and I have a great deal of difficulty envisioning this whole area turning into some metropolitan freeway that looks like Baltimore, Maryland. I hope I don't live long enough to see that happen. Chair Jacobs: Well, I was probably the Planning Board Chair at that time too. A motion made by Commissioner Nalkiotis, seconded by Commissioner Carey to remove condition # 11. VOTE: Ayes, 4; No, 1 (Chair Jacobs) A motion was made by Commissioner Nalkiotis to remove Condition # 12. Motion failed far lack of a second. Condition # 12 will stay In. A motion was made by Chair Jacobs, seconded by Commissioner Nalkiotis to petition NGDOT fo accept Story Lane for public maintenance. VOTE: UNANIMOUS Condition #12 is now #11 and condition #13 {added by Chair Jacobs} is now #12. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve all conditions and resolutions. VOTE: UNANIMOUS c. Proposed Interlocal Agreement for Hollow Rock Area of New Hope Preserve The Board considered an interlocal agreement between Orange County, Durham County, the Town of Chapel Hill, and the City of Durham regarding the joint acquisition of the former Erwin Trace property and the master planning for the Hollow Rock Area of the New Hope Preserve. Dave Stancil made reference to the revised abstract, which only differs in the recommendation. He said that in April 2005, the City of Durham, Durham County, Orange County, the Town of Chapel Hill, and other partners agreed to purchase the former 44-acre property awned by Duke University that was proposed for a subdivision under Erwin Trace. Also, 11 acres of this land is in Orange County and the remainder is in Durham County. Closing on the 44 acres will not occur until June 2008. However, there has been interest expressed in identifying the terms of the purchase shares and the distribution of the property as well as planning far this property and some adjoining lands. This is part of a much bigger puzzle to acquire lands, in working with the Triangle Land Conservancy {TLC}, along the Eno Creek Corridor between Duke Forest and Erwin Road and the Durham County line. There are also other potential land acquisitions underway in conjunction with the TLC. He listed the items that the interlocal agreement would address as shown in the abstract. Orange County is the first of the entities to consider this. Regarding the financial impact, the County's share of the purchase of the jointly held property is $200,000, but that includes funds that were appropriated from TLC and the Town of Chapel Hill. It is anticipated that a Clean Water Management Trust Fund grant that has been received for the partners would reimburse the County's share by $73,000. Commissioner Gordon said that the Penny property purchase would come from EEP funds and Dave Stancil confirmed that this money came from a different source than the other property purchases. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve the draft interlocal agreement, subject to final review by the County Attorney and staff, with the understanding that the draft agreement will be considered by the other parties and if changed, would be returned for final formal adoption at a later date. VOTE: UNANIMOUS Dave Stancil said that the timetable would enable them to finish the interlocal agreement in the spring and start planning far the process. d. TDR Feasibility Study -Supplemental Scope of Services The Board reviewed the proposed Supplemental Scope of Services for the Transfer of Development Rights (TDR} Feasibility Study and considered approval of an amended professional services contract with the Louis Berger Group, Inc. Craig Benedict said that they have a contract with Louis Berger Group, Inc. and the UNC-Charlotte Institute of Government to provide analysis on a transfer of development rights program. The first phase was to determine if this is feasible in Orange County. The original contract was for $39,100, which was one half of the next lowest bidder. There have been a series of TDR meetings over the last six months. The original contract included only four task farce meetings and two public meetings. Based on the interest and questions at the task farce meetings, there is a need for two more task force meetings to include $4,900 more in the overall contract. The funds would come from the same source as the original contract, which is the Board of County Commissioners' Contingency Fund. They believe that these two meetings can wrap up the need for the task force review of the economic models. Commissioner Halkiotis asked how much was left in the Commissioners' Contingency. The staff will come back with this information. Chair Jacobs said that the consultants have tried to move meetings at a fast pace but people have a lot of questions and it has taken longer than first proposed. Commissioner Halkiotis asked if there was anywhere in North Carolina with TDR and Chair Jacobs said no. Commissioner Gordan said, according to budget amendment #12, after the $2,000 to cover the cost of hosting the Eno River Confluence, there is $12,000 remaining in the Commissioners' Contingency. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the proposed Supplemental Scope of Services from the Louis Berger Group, Inc., (not to exceed $4,971.10} for two additional TDR Task Force meetings and modification to the public meeting format to have an advisory board emphasis. VOTE: UNANIMOUS e. Appointments (1 J Childcare Taskforce - BOCC Appointments The Board considered making BOCC appointments to the Childcare Taskforce. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to appoint Commissioner Foushee as the BOCC representative, Commissioner Halkiotis as an alternate, and Chair Jacobs as second alternate. VOTE: UNANIMOUS (2) Rogers Road Small Area Plan Taskforce -Appointments The Board considered making appointments to the Rogers Rd. Small Area Plan Taskforce. Chair Jacobs pointed out that next week there is a request from the Inter-Faith Council for one Commissioner for each of two task forces. Also, they believe that Carrboro wants the Board to appoint at least one elected official to a task force for its Northern Transition Area. This could be done tonight or later. Commissioner Carey volunteered to serve on the Rogers Road Small Area Plan Task Farce. The Board accepted this by acclamation. (3) Orange County Board of Adiustment The Board considered making a new appointment to the Orange County Board of Adjustment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to appoint Ted Tribel to the BOA to an at-large position with a term expiring June 30, 2008, under the condition that if he is elected to the school board, he will have to resign from this board. VOTE: UNANIMOUS 10. Reports a. Schools Adequate Public Facilities Ordinance (SAPFOI- Review of Annual Technical Advisory Committee Report The Board reviewed the Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC) and referred it to the SAPFO partners for comments before certification in mid- May. Rod Visser said that the school systems certify their student membership and building capacities as of November 15th of each year, and that is presented to the Board of County Commissioners in January for approval. In conjunction with that, the SAPFO Technical Advisory Committee meets every year and works with those numbers and produces an annual report for the Board of County Commissioners and for the SAPFO partners related to changes in membership, building capacity, student projections, and any other factors that might affect the future issuance of Certificates of Adequate Public Schools related to new residential development. The draft report is in the agenda package and is also on the County's website. He pointed out the implications of this year's report. It is now recommended that CHCCS Elementary School #10 will be needed in 2007-08. It is not practical to do this, but the school system is doing everything possible to have the new school open in 2008-09. Another factor reflected in the report is changes made to the student/teacher ratios at the elementary level in K-3 by the General Assembly over the last few years. The average student to teacher class size in the K-3 level is supposed to be reduced to 21:1 in the SAPFO, whereas now it is set up as 23:1. The school collaboration work group discussed this in November and made a recommendation to continue working with this ratio until the opening of Elementary School #10, and then move towards calculating capacities based on this lower ratio. This lower ratio will accelerate the need for Elementary School #11 in 2011-2012 and there will also be a need with the ten-year planning period far a Middle School #5 in the CHCCS. On the OCS side, once Gravelly Hill Middle School opens, there is no forecast need for additional school space over the next ten years. Commissioner Gordon made reference to Elementary School #10 construction and if the County had funds to cover the rest of the amount and Rod Visser said that they have some additional capacity, but it has not been worked out yet. Commissioner Gordon said that this is a complex issue because the funding was switched out. She asked when the debt capacity starts going down and it was answered 2008- 09. Debt capacity will be at peak in 2007-08. She said that it will be a challenge to fund this school. There is also a challenging situation in CHCCS because of the need for Elementary School #11, Middle School #5, and expansion of Carrboro High School over the next ten years. This totals over $120 million for CHCCS. John Link said that, to accomplish the timetable to build this school, at the point in time when they can incur more debt, they issue certificates of participation or some other debt instrument beyond bands. They have discussed this timetable with Superintendent Pederson. Commissioner Halkiotis asked Craig Benedict who has a SAPFO in North Carolina and Craig Benedict said that Orange County has the only functional one. Commissioner Halkiotis said that Orange County is nowhere in the dire straits that many of the school systems and counties find themselves in. He said that this is easily manageable. Chair Jacobs referred to an article in the News and Observer included with the abstract, which refers to the attempt that Cary made, without the concurrence of the County Commissioners or the school board and it died because it was not fully supported. Commissioner Foushee made reference to the impact of development in the Orange County portion of Mebane and how this will impact OCS. She asked if there has there been any discussion with Mebane officials about SAPFO. Rod Visser said that the OCS and Mebane met and John Link said that they have had engaging discussions with Mebane about SAPFO and they are aware of what Orange County is doing and why. Chair Jacobs said that Mebane conceded that it was a significant impact and that they should work more closely with the OCS, and when the Mayor of Mebane found out that the staff had not been cooperating, as fully with Craig Benedict in providing timely information, he was rather perturbed. The next morning the County Commissioners got an email detailing every single development proposal. He thinks that this is an evolving relationship with Mebane. He thinks that the traffic in Mebane is starting to reach a tipping point. Craig Benedict said that informally they are keeping in mind how many houses are being built in Mebane. In other parts of the County the actual CAPS that are issued for new development are part of the projection thoughts. The projection curves can change really fast when children from Mebane start coming to Orange County schools. Geof Gledhill said that, as data is collected with respect to Mebane on OCS capacity, it will become increasingly important to bring Mebane in the fold. Chair Jacobs made reference to the last item on the second page and read, "It may be desirable to perform the study to determine if the adopted student generation rates are accurate for dwellings within the City of Mebane." He asked if someone would propose this or if it was out there for some future time. Craig Benedict said that it is part of their budget process this year to look at school impact fees and student generation rates. Chair Jacobs pointed out the items about implementing reduced class size and that the capacity reduction will be almost the equivalent of an entire elementary school. 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn at 10:31 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 3:00 PM, Thursday, April 6, 2006 Lake Orange • Water level is at the point where it is freely spilling (full) over the spillway.. • Water storage capacity remaining is 100°~ (475 million gallons) • There are no Eno River Capacity Use Restrictions in effect. • Current Eno River flow at the Hillsborough gage is approximately 9.4 cfs (6.1 million gallons per day). • Eno flow levels are averaging well below historical median water flows (60-80 cfs for this time of year} and have been for more than 3 months {13 weeks). West Fork Reservoir • Water level is at full capacity • Water storage capacity remaining is 100°~ OWASA Reservoirs • Water level at Cane Creek Reservoir is 15.75" below full • Water level at University Lake is 16.75" below full • Total remaining water storage capacity is approximately 91.8°~ • Approximately 330 days of water supply remaining (at yearly average daily demand (9.©million gallons per dayJ) National Weather ServicelNOAA Regional Precipitation data (inches above [+] or below [-] normal} RDU Piedmont-Triad -6.34" for 2005 -9.94" for 2005 -6.22" since January 1, 2006 -5.72" since January 1, 2006 -2.45" since March 1.2006 -3.00" since March 1.2006 Miscellaneous notes See attached information from the North Carolina Drought Council {3130106) Worsening Drought Conditions for Central NC As of March 34th much of the Piedmont was upgraded to SEVERE drought conditions while the area of MODERATE drought was expanded further east and south. Highlights from Drought Counsel Meeting March 28th Rainfall... Despite rainfall of around an inch on March 20-21 the rainfall received was less than 50% of normal for the 2 week period. Rainfall over the past 90 days across the piedmont was also 50°~6 of normal or less. In some locations rainfall has been only 25°~ of normal. Outlook is for continued below normal rainfall through June with lack of heavy rainfall from large synoptic scale systems and Gulf of Mexico moisture. Streams... From USGS...Of great concern is the fact that stream flows in the piedmont region have dropped to 25-30°10 of normal over the last 7 to 30 days. There is major concern over how rapidly stream flow has diminished despite the rains of December and early January. The rapid drop in stream flow is tied to the drop in groundwater. Stream flows in the piedmont are currently at running at low levels only experienced every 25- 50 years based on historical USGS records. Groundwater !Wells... The State monitors 43 wells statewide. 25 of the 43 monitoring wells are reporting water levels below the 25t" percentile while 15 wells are falling below the 10t" percentile. Lakes and Reservoirs... Falls Lake...Current inflow around 119 cfs... normal inflow far early April is 1300 cfs. Despite near normal lake levels the inflow into the lake is an all time record low over the past 76 years. Jordan Lake...Current inflow around 430 cfs...normal inflow for early April is 2500 cfs. Despite water levels just above normal far this time of year inflow to the lake is at an all time low fora 76 year period of record. Kerr Lake... Current inflow around 3500 cfs...normal inflow for early April is 10,700 cfs. Despite near normal water levels for this time of year inflow to the lake is the second lowest on record fora 76 year period. Forestry... Dry spring has resulted in over 2,000 fires burning more than 8,000 acres in the state. Recent rains dowsed several out of control fires in the east. There is concern over the planting of seedlings within tree farms and the lack of rainfall. Tree farmers are being told to plant seeds deeper than normal based an dry conditions and a prolonged dry period will result in the seeds not germinating. Irrigation of the state tree farm near Goldsboro is also of concern if water levels in Little Creek used for irrigation drop below the system intake.