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HomeMy WebLinkAboutMinutes - 20060627APPROVED 9I12l2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS MEETING June 27, 2006 (re-convened from June 22, 2006} 6:30 p.m. The Orange County Board of Commissioners reconvened the June 22, 2006 Budget Work Session at 6:30 p.m. on Tuesday, June 27, 2006 at the Southern Human Services Center in Chapel Hill. N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen H. Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Dinner - 6:00 p.m. Re-Convened Meeting - 6:30 p.m. 1. Additions or Changes to the Agenda Commissioner Carey asked if the only item to deal with in this part of the meeting is the budget and Chair Jacobs said yes. Chair Jacobs said that he and Commissioner Carey have distributed budget proposals. Commissioner Halkiotis made reference to the packet they received from Donna Dean-Coffey {bright yellow} and asked for an update on the actions of the OCS Board that is referenced in the memo with respect to the proposal from the Superintendent about spending $802,000. Budget Director Donna Dean-Coffey said that the OCS Board did approve the Superintendent's proposal today. Commissioner Halkiotis said that he reviewed the CIPs far both school systems and he has a concern about Gravelly Hill Middle School and if it is $19.5 million and Donna Dean-Coffey said that it is supposed to be $18.5 million. Commissioner Halkiotis made reference to another column, which is another pool of money. Donna Dean- Coffey said that they are redirecting 2006-07 pay-as-you-go money from projects that were originally proposed in the CIP to Gravelly Hill far one-time startup casts of $sa2,ao0. Commissioner Halkiotis said that there is a need to be accurate on these figures. They need to have the correct document. Commissioner Gordon clarified that the procedure for adopting the CIP is the BOCC would adapt the capital project ordinances tonight and if there is a mistake in the schools' CIP that would be changed in the fall. What cannot be changed are the actions taken over the summer to spend according to the capital project ordinances. She wants to make sure these are right. Donna Dean-Coffey said that they can amend the capital project ordinances throughout the year, and the ones to approve tonight are the ones that extend the project expiration dates. The only one for OCS is for Gravely Hill Middle School. There is also one for CHCCS for Elementary School #10 for $900,000 of planning money. Chair Jacobs asked for clarification on the contingency of $691,000 for Gravelly Hill and asked how much of that has been spent. Donna Dean-Coffey said that with the school's planning and funding capital projects policy that the Board has in place, they would bring a final accounting back to them next winter or so after bills have been satisfied. Commissioner Halkiotis said that they had a similar situation nine years ago when there was money left over from building a school and a lot of people were upset when that money was used for other projects that were not approved. He said there needs to be sanctity of documents. He asked where any leftover money would go and Donna Dean-Coffey said that the County Commissioners would have to approve any additional spending. 2. Budget Decisions and Adoption of Resolution of Intent to Adopt the FY 2006-07 Budget Chair Jacobs made reference to two budget proposals from him and Commissioner Carey. Chair Jacobs' proposal: PROPOSED ADJUSTMENTS TO THE MANAGER'S RECOMMENDED 2006-07 BUDGET (Totals Rounded Off, One Cent Equals $1,207,023) Reductions: $82,000 Housing Trust Fund unspent (can be supported by Critical Needs Reserve) $150,000 Critical Needs Reserve transfer {leaves $350,000 in CNR) $37,400 Defer Central Orange Senior Center staff to 2007-08 $28,400 Delete new partial position in Planning $81,700 Delete new assistant Fire Marshal $50,000 Reduce EMS reserve from fire and rescue study to $50,000 $92,300 Delete new restaurant inspection supervisor $200,000 Reduce reserve for court relocation by half to $200,000 $35,000 Take midpoint in estimated cost of consultants for TDR, impact fee, cell towers, etc. (see budget driver estimates, $120,000-$190,000) $10,900 End funding Fairview Community Center after negotiation {3 months} $25,000 Reduce Water Resources Reserve to $50,000 (reflecting likely delay} $195,000 Eliminate in-range salary increase, raise COLA to 3.0 percent $65,000 Reduction in SRO funds for OCS (vehicle equivalent, Sheriff OK) $151,000 Freeze overtime at revised 2005-06 level ($456,000) $20,000 Freeze temporary personnel at revised 2005-06 level ($1,389,000) Total: $1,223,700 Additions: $50,000 Staff Attorney, starting January 1, 2007 $5,000 American Red Cross $30,000 Child Care subsidies to replace those used by county staff $20,000 Chrysalis Foundation $20,000 Project Turn Around $10,000 Raise construction management function to $50,000 Total: $135,000 Total Reduction: $1,088,700 (Possibility to Cut One Cent From Budget: Reduce Temporary Personnel by $118,300) • Accept fire district increases • Increase CHCCS district tax to 19.0 cents (from 18.34} to open Carrboro High • Increase "Basic" 3R fee to $34 (from $27}, no increase by category • Reserve for position related to water resources is set aside pending meeting of affected board chairs and department heads with manager, chair and vice chair to address differences and bring a recommendation to the BOCC in AugustlSeptember 2006 for a process to resolve this issue • Support manager's recommendation to allocate $800,000 for school resources officers or other health- and safety-related positions in each school district subject to contractual arrangement, with funds distributed in equal amounts to each system. Regarding reducing the water resources reserve to $50,000, Commissioner Gordon said that she would like to leave $75,000 in there. Commissioner Carey said that he proposed to reduce it to $50,000 because he thinks it may take six months to sort out which direction to go and Chair Jacobs agreed with him. Commissioner Halkiotis and Commissioner Foushee also agreed. Commissioner Carey said that he suggested reducing the Critical Needs Reserve by $200,000, which would leave $75,000. There is $225,000 in there right now, so this would still leave $300,000 to address issues that arise next year. Chair Jacobs said that they spent in excess of $300,000 this year and Commissioner Carey said that this year was an unusual year because of the mental health divestiture process. Commissioner Foushee said that Chair Jacobs' proposal has a reduction of $82,000, which is based on having the trust fund being able to be supported by the Critical Needs Reserve Fund. She said that it seems that reducing it would remove that ability. Commissioner Halkiotis agreed with Commissioner Foushee and said to leave the Critical Needs Reserve Fund at $150,000. Regarding the Courthouse Relocation Reserve, Chair Jacobs said that he talked with Pam Janes about using the OE Enterprises building and renting some of the parking. Purchasing and Central Services Director Pam Jones said that the upfit is minimal and the majority of money is for the parking. The outside is more important than the inside. Commissioner Carey asked if $200,000 is sufficient and Pam Jones said yes. All Commissioners agreed. Chair Jacobs said that Commissioner Carey suggested deleting all Fairview Community Center funding and Chair Jacobs said that he left some in so that the County could still negotiate with Hillsborough. Hillsborough has not signed an agreement to swap land because there is a difference of opinion about siting the Public Works facility and the true hardwoods that will be left. The County Commissioners agreed with leaving $10,900 for Fairview Community Center funding. Chair Jacobs made reference to the COLA and said that Commissioner Corey's way suggests a 2.2% COLA and an in-range of 2.0°~. Chair Jacobs' suggestion is to raise the COLA to 3.0% instead of doing in-range salary increases. This comes out exactly the same amount of money. Commissioner Carey said that the staff would be raided if the County does not keep up with the in-range increases. He wants to show employees that the County cares about them and he thinks it is good for employees to look forward to this. Commissioner Halkiotis spoke in support of the 3°~ COLA. John Link said that his recommendation is to bump the COLA to 4% and if the Board bumps this, he can find the money without increasing the overall budget. Chair Jacobs asked about the last item -Decrease Construction Management line item of $50,000. Donna Dean-Coffey said that the Manager recommended $100,000 for construction management in the budget. The proposal here is to reduce this to $50,000, which would allow for the Senior Center construction management. There is $60,000 from last year's budget and this would be carried forward to allow for any other projects that may need construction management. Commissioner Gordon asked if the Manager could do these cuts anyway and John Link said yes. Commissioner Carey said that the Manager is proposing that they will save this money anyway and use this toward COLA instead of in-range. Chair Jacobs said that last year they did just the in-range and a lot of employees had to wait until their anniversary dates and they felt short-changed. Commissioner Gordon said that the 3% COLA was a great start. Commissioner Foushee agreed that the 3°~ is goad, but the 4°~ is better. Commissioner Carey said that he wants to reduce the tax rate, but not at the expense of the employees. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to increase the COLA to 4% and asked the Manager to find the $130,000 for this. VOTE: UNANIMOUS Chair Jacobs made reference to the Fair Funding Reserve and said that his recommendation is a reduction in SRO funds for OCS equivalent to two vehicles ($65,000). Commissioner Carey said that the Manager recommended $800,000 for the Fair Funding Reserve, and in looking at the material they were given, it looks like CHCCS is spending $360,000 on SROs from two different sources, OCS is spending $180,000 from some source, and the Sheriff was proposing to spend another $176,000 on SROs for OCS. This comes to about $700,000 for SROs. He suggested reducing the $800,000 to $500,000 and letting the two positions that the Sheriff has stay there. Therefore, both school systems can use the $350,000+ that they are already spending for something else. Commissioner Halkiotis proposed leaving this at $800,000 to maximize the opportunities for both school systems. This is a good faith effort. Chair Jacobs said that he proposed leaving $800,000 for bath school systems (in his proposal) for SROs or other health and safety related positions. Commissioner Gordon spoke in support of the reserve for $800,000 and leaving it as unrestricted as possible. The work group supported the $800,000. Commissioner Carey said that he does not support leaving this at $800,000, but if they decide to da this, it will have to be restricted. Commissioner Gordon said that she wishes they could do something on the ad valorem tax rate. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to put $800,000 in the Fair Funding Reserve, to be distributed equally between the two school systems, for school resource officers or other health and safety related positions subject to a contractual agreement. VOTE: Ayes, 4; No, 1 (Commissioner Carey) Commissioner Carey said that when contracts are executed then this money will be restricted and Chair Jacobs said yes. Chair Jacobs said that if they leave in the Sheriff taking off the vehicles, this is an additional $65,000. Regarding CHCCS district tax, Commissioner Carey recommended that it go up to 18.55 from 18.34 and Commissioner Carey said that this was tied to the proposal for additional money to the $350,000 saved from the SROs. He is not a proponent of increasing the district tax under any circumstances because it aggravates the gap in fair funding. He cannot propose to raise it to 19.0 cents like Chair Jacobs did. A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to increase the CHCCS district tax to 19.0 cents for the specific purpose of opening Carrboro High School. Chair Jacobs said that they all share Commissioner Corey's concern about raising the district tax, but the purpose is for opening the new high school. Commissioner Carey said that he looked in the budget document to find out haw much CHCCS really needed to open the new high school and he could not find a specific figure. CHCCS Chair Lisa Stuckey said that it was $396,666, which is page 8 of Superintendent Pedersen's PowerPoint several weeks ago. Chair Jacobs asked staff how much they would need to raise the district tax to reach this number but not to go over 19.0 cents and Commissioner Carey said that it was about .42%. Chair Jacobs said that they would defer this decision until the staff comes back with an exact number. Regarding the 3R fee, Commissioner Carey suggested accepting all increases. Commissioner Halkiotis recommended that they do not raise any of the 3R fees. Chair Jacobs said that he proposed to increase just the basic fee because if they do not raise it now, they will have to raise it higher later on. He would rather have gradual increases. Commissioner Foushee said that if they do not propose something now, they will have to increase it even more in subsequent years. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to approve raising just the basic fee 3R fee from $27.00 to $34.00. VOTE: Ayes, 3; Nays, 2 (Commissioner Halkiotis and Commissioner Carey) Chair Jacobs said that he and Commissioner Carey agreed on additions to the budget. Starting January 1St, $50,000 for a staff attorney; $5,000 for American Red Cross; $30,000 for Child care subsidies to replace those used by County staff; $20,x00 for the Chrysalis Foundation; $20,000 for Project Turnaround; $10,000 to raise the Construction Management function to $50,000, which is being taken care of in other ways elsewhere as discussed above. The Board agreed to leave the construction management piece off of the additions. Chair Jacobs said with the reductions and additions they would be $108,000 short of cutting the Manager's proposed tax increase by 1 cent. He suggested taking an additional $108,000 from the Temporary Personnel. John Link said that they could take it out of the Temporary Personnel funds and Rod Visser said that they would work on getting aone-cent cut. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve adoption of the budget in concept until the 7:30 meeting, when the staff comes back for final approval. VOTE: UNANIMOUS 3. Adjournment A motion was made by Cammissianer Halkiotis, seconded by Cammissianer Carey to adjourn this reconvened meeting of June 22, 2006 at 7:23 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board APPROVED 1 01312 0 0 6 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 27, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 27, 2006 at 7:30 p.m. at the Southern Human Services Center, in Chapel Hill, 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. 1. Additions or Changes to the Agenda Chair Jacobs reviewed the various information at the County Commissioners' places. There was an update on OPC information {pink sheet), which provides information pertaining to every contract in which OPC will be involved in the upcoming fiscal year. There was a revised item 5-d. The lime green sheet was a copy of the letter sent to the Mayors of Chapel Hill and Carrboro regarding SAPFO as it relates to CHCCS Elementary School #10. Commissioner Carey suggested moving the Special Presentations, Item 7, down to Item 10 after the Decisions far Regular Agenda. Chair Jacobs said that they did invite Doctor Nolan and they paid the TDR consultants to do the presentation. Commissioner Carey said that he would like to finish the decisions. Commissioner Halkiotis promised that he would not move to adjourn before the decision items were addressed. John Link urged the Board to consider letting Dr. Nolan make his presentation under item 7-a so that he could leave at a reasonable hour. Item 7-b can be addressed at a later time. The Board agreed. Chair Jacobs said to move the TDR presentation to item 10 -Reports. PUBLIC CHARGE The Chair dispensed with the reading of the public charge, 2. Public Comments a. Matters not on the Printed Agenda Sheila Sholes- Ross, Executive Director of Communities in Schools of Orange County, invited John Link to come up and get the Crystal Award for being "crystal clear" about the educational needs of children in Orange County. She read the award. Jahn Link said that the best thing that the County could do is to continue to support Communities in Schools. Terri Buckner distributed a petition representing 113 neighbors along or off of Smith Level Road. She said that when she moved to this road five years ago, it was a nice country road. She said that now it is a truck route, and with a new school to be opened soon just down the road, they are worried about safety. Over the past years they have talked about putting limits on truck routes, lower speed limits, scenic byway designation, etc. They would like for the Board to support a task force on Smith Level Road that would bring all stakeholders together. The petition is asking for a creation of this task force. She also asked that the County Commissioners work with DOT to delay negotiations for driveway access onto Smith Level Road from the new development they are proposing in Chatham County until this task force can come together. Chair Jacobs said that he told Ms. Buckner earlier that he would be glad to call DOT Engineer Mike Mills and talk to him about this. Commissioner Halkiotis agreed. Commissioner Gordon said that the urgent need is about the development on the county line. Chair Jacobs said to refer this to staff and for them to come back with a composition of a task farce that includes the Board of County Commissioners. Commissioner Carey suggested that Chair Jacobs talk with Mayor Chilton also. b. Matters on 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 Halkiotis asked for information on the loss of cable franchise fees and whether or not the fees will go the State instead of the County. Commissioner Halkiotis thanked staff and the Manager for including fuel usage for the County an the agenda face sheet. Commissioner Halkiotis said that he was amazed when he went online today and read comments about people thinking that they will shut down development in Orange County because of the funding situation for Elementary #10. He made reference to the letter to the Mayors and said that it was a good letter. He said that rational people should prevail on this. Commissioner Halkiotis gave an update an his toilet that he tried to take to the solid waste convenience center. He said that someone asked for it within 24 hours and it was given to an elderly lady with help from Public Works. Commissioner Carey- no comments. Commissioner Gordan said that the New Hape at Blackwood Farm Planning group met and had a good initial meeting. The Transportation Board, the OUT Board, had its second meeting. Commissioner Gordon said that, in reference to the SAPFO and the construction of elementary school #10, there is time for collaboration to work together to address the funding. She was glad to see the letter from Chair Jacobs, but would have liked to have had the BOCC send a letter of commitment to funding the school in a timely manner. If there is not that commitment yet, she wants to pass the capital projects ordinance which will provide some money. She is committed to funding the school sa that it will open in 20Q$. Chair Jacobs thanked staff for the smooth budget process. In the Manager's memo, there was a response to his question about printing collaboration and he wants to explore Orange County vendors and to bundle printing projects if possible. He urged the County to go to a one-year contract. Commissioner Halkiotis agreed. Chair Jacobs made reference to the letter to the Mayors and said that there was never any doubt that the Board of County Commissioners would fund Elementary School #10 and he said that it seemed important to articulate the continued commitment to provide public educational facilities in a timely manner as they have always done in the past. He appreciates the CHCCS Board's collaborative spirit and respect. 4. County Manager's Report John Link asked Library Director Brenda Stephens and Housing and Community Development Director Tara Fikes to come forward because they have been awarded a National Association of County Commissioners Award far Achievement. Brenda Stephens received the award for the Carrboro Cybrary and Tara Fikes received the award for the Affordable Housing Advisory Board's annual calendar, which included the achievements in housing. John Link asked Rod Visser to introduce the new Director of Elections and Rod Visser deferred to Melvin Beasley, Chair of the Board of Elections. Melvin Beasley introduced the new Director, Barry Garner. Barry Garner said that he looks forward to working with the Board of County Commissioners and he likes the county's motto of "You Count In Orange County." 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from April 18 (Regular Meeting), April 20 (5:30 pm with Affordable Housing), April 20 (7:30 pm Budget Work Session}, and April 25 (with School Boards), 2006 as submitted by the Clerk to the Board. b. Appointments (1 ~ Jury Commission -Reappointment The Board reappointed Bob Hall to the Jury Commission to a full term ending June 30, 2008. {2) Boards County Commissioners Serve On This item was removed and placed at the end of the consent agenda for separate consideration. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 47 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by changing the Quarterly Public Hearing to a Work Session on Monday, August 28, 2006 and to change the location from the F. Gordon Battle Courtroom to the Government Services Center in Hillsborough, N. C.; and adding a meeting on Thursday, July 27, 2006 from 11:00 a.m. - 3:00 p.m. at the Government Services Center in Hillsborough, N. C., to consider the qualifications of candidates for the County Manager position. This meeting is likely to be a closed session-only meeting. e. Contract with UNC School of Dentistry and Health Department far Services of a Dentist The Board approved a contract for the provision of dental clinical services for the Health Department by a UNC School of Dentistry faculty member and authorized the Chair to sign. f. Contract Renewal with Northern Blue for DSS Leaal Services The Board renewed a contract for Fiscal Year 2006-2007 for legal representation for the Department of Social Services and authorized the Chair to sign. g_ Contract Renewal with Carina Family Network for Emeraency Placements for Youth The Board renewed a contract with Caring Family Network for the provision of emergency placements for Orange County children and authorized the Chair to sign. h. Contract Renewal with OE Enterprises Inc. for Services to Work First Clients The Board renewed a contract with OE Enterprises far $20,000 for services to Work First clients with significant barriers and authorize the Chair to sign. i. Contract Renewal with OPC for Mental Health Services for DSS Clients The Board renewed a contract with Orange-Person-Chatham LME for apart-time liaison to assist clients of Social Services to access needed mental health services and authorized the Chair to sign. L Contract Renewal with UNC Hospitals for DSS to Provide Medicaid Workers The Board renewed the contract for income maintenance staff at UNC Hospitals and authorized the Chair to sign. k. Contract Renewal with Morgan and Associates far Faith Community Coordinator This item was removed and placed at the end of the consent agenda far separate consideration. I. Contract Renewal with Center for Employment Training far Vocational Training The Board renewed the contract with the Center for Employment Training and authorized the Chair to sign. m. Contract Renewal with Employment Security Commission for Job Placement Services at the Skills Development Center The Board renewed the contract with the Employment Security Commission for services to Work First clients and other residents at the Skills DevelopmentlJobLink Center and authorized the Chair to sign. n. Contract Renewal with Orange County Schools System for Adolescent Parenting Services The Board renewed the contract with Orange County Schools System to provide specialized services to pregnant and parenting teens and authorized the Chair to sign. a. Contract Renewal for Social Work Services Between Orange County Schools and Orange County Department of Social Services The Board accepted the recommendation of the Social Services Board to renew the contract for seven permanent full time social worker positions and supervision to be funded through the contract and contingent on the continuation of the contract funding, and authorized the Chair to sign. ~ EMS Medical Director Contract Renewal The Board renewed an agreement between Orange County and the UNC Department of Emergency Medicine concerning medical direction of Orange County's Emergency Medical Services {EMS) program and authorized the Chair to sign. g: Allow Subgranting of 2005 Buffer Zone Protection Program (BZPP1 Grant Funds The Board approved the Memorandum of Agreement and attachments, subject to final review by staff and the County Attorney; designated the Emergency Management Specialist as primary grant monitor, and the Emergency Management Director as a Secondary contact; Authorized the Manager, Emergency Management Director, and County Attorney to sign the agreement; and authorized the Emergency Management Director to sign the reimbursement request farms associated with the provisions of the grant. r. Bid Award: Emergency Generators This item was removed and placed at the end of the consent agenda far separate consideration. s. HVAC System Replacement at EMS 911 Center The Board awarded a bid and authorized a contract for replacement of the heating, ventilation, and air conditioning {HVAC) system in the basement level of the Orange County EMS-911 Center in the amount of $110,000; and authorized the Chair to sign, contingent upon staff and Attorney review. t. Authorize Acceptance of Potential Emergency Management Related Grants The Board authorized the Chair andtor Vice-Chair to accept grants on behalf of the entire Board that meets the criteria outlined in the agenda abstract; identified the Emergency Management Director as the Designated Agent for the grant (as applicable); identified the Emergency Management Specialist as the Paint of Contact for the grant (as applicable); authorized a budget amendment to incorporate grant funding for only the exercise grant; and authorized the Emergency Management Director to sign the reimbursement request forms associated with the provisions of the grant. u. Pyrotechnics Permit -Orange Speedway The Board approved a pyrotechnics permit for Orange County Speedway for July 1, 2006 (rain date of July 8, 2006); and authorized the staff to execute permits as needed. v. NC State Firemen's and Rescue Squad Annual Certification Roster The Board approved the certification roster for the fire marshal and assistant fire marshal to participate in the North Carolina State Firemen's Association for the year 2006 and authorized the Chair to sign. w. Lease Approval: Parks Operations Base The Board authorized the extension of the lease for the Parks Operations base through June 30, 2007 at a rental fee of $35,010 per year, pursuant to the lease agreement. x. Electronic Device RecyclinalReuse Policy for Solid Waste Convenience Centers The Baard approved a policy governing recycling and potential reuse of electronic devices to Solid Waste Convenience Centers and directed that staff provide an update of the operation of the new policy around December 2006 -January 2007. ~ Freedom House CJPP Contract Revision The Board amended the Criminal Justice Partnership Program (CJPP) contract with Freedom House Recovery Center and authorized the Chair to sign. z. Biological and Cultural Surveys of the Homestead Road Campus The Board authorized the solicitation of proposals for surveys of biological, cultural, and archaeological resources on the 33-acre Homestead Road Campus owned by Orange County and authorized the Manager to sign for an amount up to $15,000 to carry out the work. aa. Resolution Ta Support U.S. House Resolution 635 (Possible Impeachment of President George W. Bush) and Resolution to the North Carolina Legislature This item was removed and placed at the end of the consent agenda far separate consideration. uv. r~ua~.~i nvnuvv r~c-cv~n~~y - v~~aNc~ rn~~ .wn~a r~a~n~~~~y ~ ~a~~anw~~ rota The Board approved a request to rezone 10,431 square feet of land in the Chapel Hill Joint Planning Transition Area from Chapel Hill R-1 to Chapel Hill Residential-Special Standards- Conditional (R-SS-C). cc. NC Highway 57 Speedway Area Small Area Plan The Baard authorized public outreach meetings with property owners during June and July to begin the process of creating a Highway 57 Speedway Small Area Plan. Task force volunteers will be sought during the meetings, and at-large members and representatives from Durham and Person Counties will be recruited, with appointments to be made at the August 22°d BOCC meeting. dd. Eno Economic Development District (EDD1 Small Area Plan This item was removed and placed at the end of the consent agenda far separate consideration. ee. Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin The Board incorporated amendments in the Orange County Stormwater Ordinance to conform to requirements of the North Carolina Department of Environment and Natural Resources {DENR) for counties within the Neuse and Tar-Pamlico River Basins. ff. Approval of Proposed Lease Agreement with OPC at Northside This item was removed and placed at the end of the consent agenda for separate consideration. g,~Autharizatian to Release One-Time Supplemental Funding to OPClLME to Facilitate Divestiture of Orange County Outpatient Services The Board authorized the release of a one-time County supplemental appropriation in the amount of $131,797 to OPCtLME to facilitate the divestiture {transfer) of the Northside Adult and Child Outpatient Clinics in Chapel Hill and the Family Counseling Center in Hillsborough services to the Caring Family Networks {CFN) and authorized the County Finance Director to release the funds to OPC in anticipation of the requisite budget amendment. hh. Budget Amendment #17 This item was removed and placed at the end of the consent agenda for separate consideration. ii. Adoption of Resolution Authorizing OPClLME to Acauire Real Property in Orange County The Board adopted a resolution, which is incorporated by reference, that provides consent for the OPC/LME to enter into a financing agreement for the acquisition of real property. ji Approval to Enter into a Proposed Contract with The Town of Carrboro far Interim Provision of Limited Animal Control Services The Board approved a County response to a request from the Town of Carrboro to provide limited Animal Control Services within the Town for a period beginning June 19, 2006 and ending no later than October 1, 2006. Final approval of the County's proposed agreement for interim provision of select service will depend upon formal acceptance by the Town of Carrboro. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: b2. Boards Caunty Commissioners Serve On The Board considered the list of boards and commissions on which the Board of County Commissioners members serve and selected those boards on which the BOCC wishes to continue serving. Commissioner Gordon said that she would be willing to serve as the Board liaison for the Advisory Board on Aging, the Rural Planning Organization as a member {starting in October), and the alternate for the Space Needs Study Group. A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to approve the list of boards and commissions on which the Board of County Commissioners members serve with the proposed changes. VOTE: UNANIMOUS k. Contract Renewal with Morgan and Associates for Faith Community Coordinator The Board considered renewing a contract with Morgan and Associates for the development of partnerships with various faith communities focusing on improved job retention for Work First participants and authorizing the Chair to sign. Chair Jacobs asked about the statement that, "The Social Services Board has evaluated the proponents and outcomes of this contract." He asked if the board has taken a comprehensive look at this position and how it functions and whether it is a valuable function. Social Services Director Nancy Coston said that they review the outcomes from the contract each year before recommending it. Chair Jacobs asked for a more in-depth analysis on this concept and how it relates to providing services. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve a contract with Morgan and Associates for the development of partnerships with various faith communities focusing on improved job retention for Work First participants and authorize the Chair to sign, with the understanding that there will be a more in-depth analysis of the outcomes. VOTE: UNANIMOUS r. Bid Award: Emergency Generators The Board considered awarding a bid to Tarheel Generator of Siler City, North Carolina for one (1} 200 kW diesel powered generator for standby power for the Orange County EMS- 911 Center at 1914 New Hope Church Road, Chapel Hill and for one {1} 50 kW diesel powered generator for standby power for the Eno Mountain Communication Tower for a total of $90,748.51; and authorizing the Purchasing Director to execute the necessary paperwork. Chair Jacobs said that there was a comment in the report about crossing out emergency generators and looking at using alternative energy-powered generators. There was a comment about the State denying this due to the cost and feasibility considerations. He would like to see what the State's cast and feasibility considerations were in deciding that solar-powered generators should not be considered for this. He would like this in writing. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve awarding a bid to Tarheel Generator of Siler City, North Carolina for one (1) 200 kW diesel powered generator for standby power far the Orange County EMS-911 Center at 1914 New Hope Church Road, Chapel Hill and for one (1) 50 kW diesel powered generator for standby power far the Eno Mountain Communication Tower for a total of $90,748.51; and authorize the Purchasing Director to execute the necessary paperwork, with Chair Jacobs' request about the State's cost and feasibility considerations as stated above. VOTE: UNANIMOUS aa. Resolution To Support U.S. House Resolution 635 (Possible Impeachment of President George W. Bush) and "Resolution to the North Carolina Legislature" The Board considered two resolutions supporting the investigation of possible impeachment of President George W. Bush. PUBLIC COMMENT: Wes Hare is Co-Chair of the Orange County Peace Coalition and at the end of last year they began to realize that there were things happening that they thought needed response, and they formed a grassroots impeachment movement. He said that in January they had a packed house impeachment meeting in Carrboro. In February they had one in Chapel Hill, in March they had one in Durham, in April they had one in Pittsboro, and they also had one at the Battle Courthouse in Hillsborough in March. He said that they have received the endorsement of impeachment actions from the Towns of Carrboro and Chapel Hill. They have another meeting on Thursday in Raleigh at the Unitarian Universalist Fellowship Church. He said that they believe that the President and the White House have abused their responsibility, lied to the public, entered the country in a war that did not have a basis in reality, and that the general reputation of the United States, including thousands of unnecessary deaths, have resulted in a definite call for impeachment. They are asking the Board to endorse these resolutions. Commissioner Halkiotis said that he appreciates the desire for this resolution. He spoke as an individual who has never voted for George Bush and does not support his behaviors. However, he has a lot of faith in Congressman David Price and he said that Congressman Price has done a lot for this County, such as water and sewer lines in Efland and the farmers market in Hillsborough. He is voting against this because he supports Congressman Price. He thinks that Congressman Price should have the latitude to make a judgment call in Washington without him as an Orange County Commissioner telling him what to do. Commissioner Gordon noted that there are two resolutions. Commissioner Halkiotis said that he is voting against both because that is why there are people in Raleigh and Washington, DC. Commissioner Gordon said that she agrees that President Bush should be impeached but she does not want to single out Congressman Price. Commissioner Foushee suggested voting on the resolutions separately. A motion was made by Commissioner Carey, seconded by Chair Jacobs to approve the resolution entitled "Resolution Calling for Congressman David Price to Support U.S. House Resolution 635." VOTE: Ayes, 2; Nays, 3 (Commissioner Halkiotis, Commissioner Foushee, and Commissioner Gordon} MOTION FAILED A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the resolution entitled, "Resolution to the North Carolina Legislature" with one grammatical change by Commissioner Gordon -change "council" to "counsel". VOTE: Ayes, 4; No, 1 (Commissioner Halkiotis) RESOLUTION TO THE NORTH CAROLINA LEGISLATURE WHEREAS, Section 603 of the Manual of the Rules of the United States House of Representative provides for impeachments to be initiated on a motion based on charges transmitted from a state legislature; and WHEREAS, George W. Bush has committed high crimes and misdemeanors as he has repeatedly and intentionally violated the United States Constitution and other laws of the United States, particularly the Foreign Intelligence Surveillance Act and the Torture Convention, which under Article V1 of the constitution is a treaty as part of the supreme law of the land; and WHEREAS, George W. Bush has acted to strip Americans of their constitutional rights by ordering indefinite detention of citizens, without access to legal counsel, without charge and without opportunity to appear before a civil judicial offer to challenge the detention, based solely on the discretion designation by the President of a U.S. citizen as an enemy combatant, all in subversion of law; and WHEREAS, George W. Bush has ordered and authorized the Attorney General to override judicial orders for the release of detainees under U. S. Citizenship and Immigration Services jurisdiction, even though the judicial officer after full hearing has determined that a detainee is held wrongfully by the Government; and WHEREAS, George W. Bush has admitted that he willfully and repeatedly violated the Foreign Intelligence Surveillance Act, and boasted that he would continue to do so, each violation constituting a felony; and NOW, THEREFORE, the Orange County Board of Commissioners submits that his actions and admissions constitute ample grounds far his impeachment, and that the General Assembly of the State of North Carolina has good cause far submitting charges to the U.S. House of Representatives under Section 603 as grounds for George W. Bush's impeachment and the investigation should extend to possible impeachable misconduct by Vice President Richard "Dick" Cheney. The Orange County Board of Commissioners further submits that Articles of Impeachment should charge that George W. Bush has violated his constitutional oath to preserve, protect and defend the Constitution of the United States, by acting in a manner subversive of constitutional government to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the State of North Carolina and the United States of America. WHEREFORE, George W. Bush, by such conduct, warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any offices of honor, trust or profit under the United States of America. This the 27th day of June 2006. dd. Eno Economic Development District (EDD) Small Area Plan The Board considered continuing community meetings and developing a process for preparation of a Small Area Plan far the Eno EDD at the Durham/Orange County line along US 70 and I-85. PUBLIC COMMENT: Will Dubose said that his family owns Ena Farms. He appeared before the Board last May about a tract of a land, approximately 1,000 acres, in eastern Orange County along US 70 as it comes close to merging with I-85. At that time, they had requested that the property be considered to be included in the Small Area Plan. They met with the Orange County Planning Department on numerous occasions and have also met with the City of Durham regarding the feasibility, willingness, and capacity of Durham to be able to service this area for Orange County from a water and sewer perspective. At the meeting, it became clear that Durham had the ability and willingness to do it and a bulk land sell concept was discussed, which would allow Durham to provide water and sewer to this area, while allowing Orange County to maintain the jurisdictional and zoning control of this area. After that meeting, they sent a letter to Commissioner Carey about discussing this further. They then met with John Link, Geof Gledhill, and other staff and shared this development and concept of a bulk sell for getting water and sewer for this critical area. He requested two things -that this area, Eno Farms, be included in the Eno EDD zone; and secondly to ask that he be included as a community volunteer to be on the volunteer board. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve continuing community meetings and develop a process for preparation of a Small Area Plan for the Eno EDD at the Durham/Orange County line along US 70 and I-$5. VOTE: UNANIMOUS ff. Approval of Proposed Lease Agreement with OPC at Northside The Board considered approving entering into a proposed lease agreement with the Orange-Person-Chatham Area Program/Local Management Entity (OPC/LME) to provide for their corporate relocation to the Northside campus and authorizing the Chair to sign pending final review by staff and County Attorney. Chair Jacobs said that the Board had asked about OPC relationships with other entities and for staff to bring back a report about what other facilities we provide to OPC. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve entering into a proposed lease agreement with the Orange-Person-Chatham Area Program/Local Management Entity (OPC/LME) to provide for their corporate relocation to the Northside campus and authorize the Chair to sign pending final review by staff and County Attorney, with the additional information as requested by Chair Jacobs. VOTE: UNANIMOUS hh. Budget Amendment #17 The Board considered approving budget ordinance, capital projects, and grant project ordinance amendments for fiscal year 2005-06. Commissioner Gordon made reference to page 2, item ii, which states, "Account for $1,119,470 to various County departments to distribute for budget savings generated by the 120-day hiring delay of vacant non-critical County positions and savings in Medicaid." She asked what this means. Budget Director Donna Dean-Gaffey said that last year during the budget adoption process, there were several reserves set up and the Board directed staff to identify specific operational savings throughout the year. This $1.1 million is identifying the remainder that was seen in operational savings during the year, mainly through hiring delays and Medicaid. Commissioner Gordon asked about the Efland Sewer Construction and she thought that they were going to utilize grant funding. Donna Dean-Coffey said that phase two had the grant funding and they already approved the Efland Sewer Capital Project Ordinance. This is transferring money from other projects to the Efland Sewer project. The Board approved this transfer at the May 4th meeting. Commissioner Gordon asked that it be put in there that the cost would be recovered by using grant funding that may be available later. Commissioner Halkiotis asked the Board to consider asking the Manager that from now until the completion of the project, that the Board receive information an a weekly basis from the County Engineer as to the progress on putting in the water and sewer line at the Gravelly Hill Middle School. He asked if they were on schedule. Rod Visser said that they have regular meetings to discuss this and there is good progress is being made. Out of 9,000 linear feet of water line, about 4,000 of that is in the ground. He thinks that they are on track. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the attached budget, capital projects, and grant project ordinance amendments far Department of Social Services, Reserves and Operational Savings Distribution, Emergency Management, Efland Sewer Construction, Department on Aging, Housing and Community Development, Orange Public Transportation, Indirect Cost, Medicaid Maximization Capital Project Ordinance, and SportsPlex Enterprise Fund. VOTE: UNANIMOUS 6. Resolutions or Proclamations-NONE 7. Saecial Presentations a. Status Report on Middle College High School at Durham Technical Community College The Board received a status report on activities, successes, challenges, and future plans concerning the Middle College High School at Durham Technical Community College. John Link introduced Dr. Charles Nolan, Principal of the Middle College. Dr. Nolan said that the definition for middle college is a school program far 11t" and 12t" graders only and students apply to get in. They are typically located on community college campuses and it is an opportunity for students to take high school courses and community college courses while they are in high school. It also is in a different setting, and the maximum enrollment is 200 students. They will be accepting students from three different school districts -Durham Schools, Orange County Schools, and Chapel Hill-Carrboro City Schools. There is a percentage allotment - 50% of the spaces go to Durham Schools, 25% goes to OCS, and 25% goes to CHCCS. There are three outcomes for the students -they can get community college credit that is transferable to a four-year university, they can stay on for another year or semester and get an Associates Degree, or they can get industry certification (construction, health care, computer network). Commissioner Halkiotis asked about CHCCS providing free public transportation passes and Dr. Nolan said that each system was required to come up with its own transportation system. Durham has three central bus stops at three different high schools. OCS is doing it with one central bus stop at the old Wal-Mart, using a Driver's Education car because there was only one student. CHCCS is giving students free TTA passes. Dr. Nolan said that one way to support this program is to get the word out. All tuition and books are free. Chair Jacobs asked if he was on the schools websites and Dr. Nolan said yes. The phone number is 919-666-3812. b. Orange County Transfer of Development Rights (TDR) Program Feasibility The Board received the consultant's draft report on the TDR Feasibility Study and considered the recommendation of the TDR Task Force that the process of designing a TDR program should go forward. Planning Director Craig Benedict introduced Scott Lane of Louis Berger Group/UNC- Charlotte Urban Institute. Scott Lane made a PowerPoint presentation. He defined TDR as a way of preserving areas within Orange County that have important ar significant natural and human resource value and transferring thane development rights into areas where redevelopment can be most effectively and cost-efficiently developed. Orange County TDR Program TDR Feasibility Study Summary of Findings and Recommendations Phase I Background Research and Data Collection ^ Staff and Key Person Interviews ^ Case Studies ^ Preliminary Legal Evaluation Phase II Generate and Review TDR Options (Feasibility Study and Concepf Plan) - Legal Constraints - Sending area potential - Receiving area potential - Overall economic viability of TDR market - Assess issues, constraints, and opportunities - Decision flowchart - Implications of TDR for existing County programs - Identify mechanisms far creating a program - Prepare a feasibility report Feasibility Report Deliverable Items • Potential sending and receiving areas • Legal assessment • Financial assessment • Administrative issues • Constraints and opportunities • Decision flowchart • Implications for existing programs • A decision flowchart • Mechanisms and preferred TDR option for creating a TDR Program Legal Feasibility a, Orange County can rely on its existing authority to purchase conservation easements, award density bonuses, designate sending and receiving areas, and establish eligibility, bonus limit criteria, and establish varying levels of development bonuses, b. Development rights may not `float." The transaction must be between a willing, private seller (sending area owner) and a willing, private buyer (receiving area developer), An open market approach is best. c. County municipalities may wanf to be part of the County TDR program, but initially the County should establish its own TDR program. Economic Feasibility a. Balancing supply (sending area) and demand (receiving area) is critical. b. Sending areas will produce a sufficient supply of TDR credits. c. Appraisals for the conservation easements on sending area properties are recommended to ensure that both buyers and sellers are treated fairly and receive a similar and accurate price. d, Receiving areas are somewhat fixed by public water and sewer availability, e. Sending areas can vary in location. Prioritization of areas is probably necessary to create a balance between the sending and receiving areas. Administrative Design Feasibility a. An initial investment of County funds will be needed to develop an administrative organization to operate the TDR program. b. Informing and educating stakeholders and the public is critical. c, Performance objectives and measures for program evaluation are recommended. d. TDR program design should be coordinated with other County programs and initiatives. Program Design Issues: Phase III a, Methods of designating sending and receiving areas. b, Sending area participation based on criteria merits or open to al! properties, c. Method to establish density bonus criteria. d. Sending area participation incentives. e. Receiving area participation incentives. f. Sending area development restrictions. g. Receiving area small area plan development. h. Re-purchase or re-attachment of sending area development rights. i. Role of County in Individual TDR Transactions. Conclusions and Next Steps TDR Program is Feasible in Orange County, with appropriate design considerations Proceed with Phase Ill Re-1lisit Scope of Services Bring Contract fo County Commissioners Finalize Program Design Recommendations Chair Jacobs thanked staff and the consultants. He served on this committee and he said that they were very patient with their answers to questions. He said that this could be another avenue for property owners who want to realize some funds but do not want to sell their property. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to concur with the TDR task force recommendation that the process of designing a TDR program should go forward; consider budgeting monies to fund Phase 3 (Program Design and Ordinance Development); and authorize staff to solicit bids for professional planning services to complete Phase I II of the TDR study. VOTE: UNANIMOUS 8. Public Hearinas-NONE 9. Items for Decision--Regular Agenda a. Approval of Fiscal Year 2006-07 The Board considered approval of the Fiscal Year 2006-07 Budget Ordinance, Capital Project Ordinances, and Grant Project Ordinances. John Link said there will be six motions. The first one is to adopt the 2006-07 Orange County Budget Ordinance. This document is in section one, Budget Adoption. Chair Jacobs made reference to the handout entitled, "Schools' Share of County's General Fund Budget". Under this proposal, 49.9% of the general fund budget would go to the 5C 110015. Donna Dean-Coffey said that in the turquoise-colored packet, the last two pages, pages 18-19, are the capital project ordinance for CHCCS Elementary School #10, with $900,000 for the planning. The lavender-colored packet has the OCS capital project ordinances. On page 17, there is a $802,000 addition to Gravelly Hill for one time startup costs. Motion 1: A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt the 2006-07 Orange Caunty Budget Ordinance to include a Countywide tax rate of 90.3 cents and a Chapel Hill/Carrboro City Schools District Tax of 18.35 cents. VOTE: UNANIMOUS Motion 2: A motion was made by Commissioner Foushee, secanded by Commissioner Halkiotis to authorize an employee compensation package that includes: - 4% cast of living salary increase effective July 1, 2006 -Increase the County's Living Wage for employees from $9.34 per hour to $9.67 per hour effective July 1, 2006 VOTE: UNANIMOUS Matian 3: A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to authorize the positions as recommended by the County Manager with the following exceptions: delete .75 FTE Planner II position, delete funding for the Fire Marshall position, delete funding for the Environmental Health Supervisor for Food and Lodging, delete funding for the positions related to the Central Orange Senior Center. VOTE: UNANIMOUS Motion 4: A motion was made by Commissioner Foushee, seconded by Commissioner Carey to adopt the County Fee Schedule as presented, with the following exceptions: increase the out- of-state service fee charged by the Sheriff's Department from $75 per service to $100 per service, increase the basic rate for the Solid Waste Enterprise Fund from $27 per year to $34 per year, with all of the 3R fees remaining at the 2005-06 levels. VOTE: UNANIMOUS Motion 5: Chair Jacobs said that they all realized that they had not exactly followed the capital project ordinance to the extent that the Board had not seen any plans of Elementary School #10, and there was not a County Commissioner working on this project from the beginning. They have been trying to do everything to help the school system move forward as quickly as passible. He asked the school system far an explanation of the $900,000 for planning. Steve Scroggs said that this school is a prototype of Rashkis Elementary School that was built in Meadowmont. It complies with policy 9040 by the Board of Education for an environmentally sound building that has photovoltaic features, rainwater catchment, day- lighting, etc. Also, this is a very successful model in saving operating costs and providing a warm, nurturing environment. Ken Redfoot from Corley Redfoot Zack made a presentation. He said that they are locating the school on a location at the Twin Creeks Park and Chapel HilllCarrboro Educational Campus. The roadways serving the edge of the properties are Old NC 86 and Eubanks Road. The site is approximately 17.7 acres. In terms of buffers, there are some on Eubanks Road and some that are required to buffer the school from the residential area. There will be a couple of different play areas - a play lot, a basketball area, and a play field. Chair Jacobs asked about the future educational facility and if it was part of the presentation to the Town of Carrboro and Ken Redfoot said that they are presenting 17 acres to the Town of Carrboro. Chair Jacobs suggested that Commissioner Foushee be the County Commissioner to work on this school and the Board agreed. This is at the bottom of page 18. PUBLIC COMMENT: Aaron Nelson, Executive Director of the Chapel HiIIJCarrboro Chamber of Commerce, spoke about the timing of Elementary #10 and the SAPFO. He said that there have been some comments that the public is being irrational in their concerns that elementary #10 would not be constructed in a timely manner. The schedule appeared to program the school opening in 2009-10. He is kind of disappointed in how the dialogue has gone. He thought that the citizen comments were thoughtful comments rather than irrational. He said that when they informed their membership about how SAPFO is designed to play out, they were concerned. He said that when schools stop issuing CAPS, new residential development that is already approved by municipalities would be denied CAPS. He said that the potential impact in this community would be substantial. Because of their interest in mixed-use development, all of the commercial development has residential components. He said that this is a big issue and has potential to impact big projects. He is concerned that there will be anon-issuance of CAPS if the school is not opened in 2008-09. A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to approve the County and School Capital Project Ordinances for fiscal year 2006-07 that require action before June 30, 2006. VOTE: UNANIMOUS b. Consideration of a Resolution on District Elections for the Board of County Commissioners for a November 2006 Referendum The Board considered approval of a Resolution on district elections for the Board of County Commissioners for a November 2006 referendum based on Board consideration of district elections since January 2005; and provided any comments, questions, and any further direction to staff. Chair Jacobs said that the Board has already decided haw many members will be on the Board of County Commissioners, there will be seven members. Geof Gledhill said that where they left this in April was approval of a combination district/at-large plan identified as proposal B. It is aseven-member plan, with one member from a rural part of the County and two members from Chapel Hill Township. Proposal B is a combination district and at-large system that does not conform to the requirements of the North Carolina General Statutes far combination district and at-large systems. He apologized to the Board and the citizens because this was an error on his part for not making sure that the proposal conformed to the statutes. Now they have proposal D, which is aseven-member Board and combines district and at-large seats. There will be three members from District One (D1), which includes Chapel Hill Township south of the CHCCS boundary then along Eubanks Road, to Martin Luther King Boulevard, up MLK Boulevard to I-40 and from there to the Durham County line, it follows I-40. Most of the area that is north of that boundary is located in either the rural buffer, Hillsborough, or the rural part of the County. District Two (D2} would have two members and would include the rest of the county. There would also be two members elected at-large. Commissioner Corey's proposal was included in the agenda packet (It was also included in the April 18t" packet). This proposal also satisfies the statutory requirements and contains a district with all of Chapel Hill Township with four members, a district of the rest of the County with two members, and one member at-large. Also included in the packet were two proposed resolutions, which would both implement proposal D. There is not a resolution to implement Commissioner Corey's proposal because at the April 18t" meeting, the Board voted to include a combination "nominating district"lot-large system. A "nominating district" is one which in the primary election will only allow people living in the district to vote for candidates who live in the district. A "residency district" is one in which the candidate must live in the district, but all citizens in the county can vote for the candidate. One of the several principles that the County Commissioners adapted would have all of the people in the County voting for a majority of the members of the Board of County Commissioners. In a nominating district system, Commissioner Corey's proposal would not have all of the people in the County nominating a majority of the members. The resolutions give a choice of either having a "nominating district" system in the primary or a "residency district" system in the primary. Both resolutions call for a referendum on this new system in November. Geof Gledhill answered clarifying questions from Commissioner Carey and Commissioner Gordon. Commissioner Foushee asked if they were to apply the map from Commissioner Corey's proposal (which includes all of Chapel Hill Township in one district} to proposal D, if it would still meet the one person, one vote requirements and Geof Gledhill said no. That is because Chapel Hill Township includes two-thirds of the of the population and the rest of the county has one- third the population. Therefore Chapel Hill Township would have four commissioners, and not three as in the proposal D, to achieve the one person, one vote standard. Commissioner Gordan referred to the size of the deviations from the one person, one vote standard for proposal D and for Commissioner Corey's proposal. The maximum deviation allowed is 5 percent, and one of the districts in proposal D deviates by 4'/ percent (District 2) with the other deviating somewhat less (3°~}. In contrast, the districts in Commissioner Corey's proposal have very little deviation (1/2 °~ and 1 °~} from the ideal number of people in the district needed to match the one person, one vote requirement. Commissioner Gordon then asked whether, if at the next census if one of the districts goes over the 5 percent deviation, if the commissioners would have to redistrict. Geof Gledhill said that if, upon the new census data, one of the districts is off more than 5%, and he is still County Attorney when that happens, he would recommend redistricting. Commissioner Gordon pointed out that proposal D was closer to reaching the 5°~ deviation, and therefore closer to the necessity for redistricting. Commissioner Carey said that the reason for putting his map forward relates to the deviation and how close the initial map was to 5%. He was trying to minimize a chance for redistricting. He said that the Board had adopted several principles, including one person/one vote and making rural districts rural, while the urban districts are urban. He wanted to keep rural and urban areas separate. He said that the key issue is that the proposal D map is very close to the 5°~ deviation and therefore brings them close to redistricting after the next census. Chair Jacobs said that he worked on this with Commissioner Foushee and Commissioner Halkiotis and the Board voted for proposal B, and proposal D was closer to the spirit of proposal B than anything else they could come up with. He said that it does allow better separation of rural interests from urban interests. He said that all would be represented by the majority of the Board of County Commissioners no matter where they live. He said that Commissioner Corey's map guarantees that Chapel Hill Township will always have the majority votes. He thinks that the purpose of the citizen comment was to have more representation in the rural area of the County. That is why he likes proposal D. Commissioner Halkiotis said that it would not be as difficult for redistricting the next time they go through this because of the technology. Commissioner Gordon said that Commissioner Corey's proposal does correspond to what the residents were requesting. She said that when Representative Bill Faison introduced this in the legislature, the only difference from his proposal and the one they are proposing is minor. She said that proposal D has a map which she considers to be flawed because it strays so close to the 5°~ deviation (from the one person/one vote requirement) that would trigger redistricting. She believes that Chapel Hill Township will not pass this because of that flaw. She thinks Commissioner Corey's proposal has a chance to pass and that it matches the petition presented to the commissioners by the citizens who wanted district representation. A motion was made by Commissioner Carey, seconded by Commissioner Gordan to adopt the map that Commissioner Carey put forward with the seven-member Board, with four members from D1, two members from D2, and one at-large member with voting in the primary within the district (nominating district), and at-large voting in the general election. Chair Jacobs said that Commissioner Carey and Commissioner Gordon made the point that Commissioner Corey's proposal does not dilute the rural vote, but it does exactly that because it includes a large part of the rural buffer in the Chapel Hill district. He guarantees that the people who signed this petition did not think that the result of this was going to be to memorialize a majority in perpetuity for Chapel Hill. He cannot support this. VOTE: Ayes, 2 (Commissioner Gordon and Commissioner Carey); Nays, 3 (Commissioner Halkiotis, Chair Jacobs, and Commissioner Foushee) MOTION FAILED A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to adopt the map far proposal D. Commissioner Foushee asked if the map from Commissioner Corey's proposal could be applied to the elements of proposal D. Geaf Gledhill said no. He said that if you use Commissioner Corey's map, you cannot have the same number of members in the different districts and at-large that are in proposal D because of the ane person, ane vote requirement. VOTE: Ayes, 3 (Commissioner Halkiotis, Chair Jacobs, and Commissioner Foushee}; Nays, 2 (Commissioner Gordon and Commissioner Carey) MOTION CARRIED A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve proposal D, which has nominating districts in the primary election. This includes the transition processes. Commissioner Gordan said that she disagrees with Chair Jacobs on what the citizens wanted to memorialize, judging by the proposal put forth by Representative Faison. That proposal had four representatives from Chapel Hill Township, two representatives from the other six townships, and one at large. Commissioner Carey said that while Chair Jacobs indicates the rural buffer is rural, the area north of Chapel Hill is urbanizing at a phenomenal rate. Commissioner Gordon thinks that this could be a problem at the palls, because the proposal could be defeated an the basis of the flaw in the map rather than the question of whether the citizens want or da not want district representation. Commissioner Halkiotis said that they should not be talking like this and they need to move forward with this. He wants to be positive. VOTE: Ayes, 2 (Commissioner Halkiotis and Commissioner Foushee); Nays, 3 (Chair Jacobs, Commissioner Gordon, and Commissioner Carey) MOTION FAILED A motion was made by Chair Jacobs to approve residency districts for proposal D. Commissioner Carey said that this is inconsistent with what the rural people wanted. Chair Jacobs said that he thinks that they have moved a long way and have gone to a seven-member board and from an all at-large to the majority being elected by district. He said that to say that they are not responding to the rural residents of Orange County is wrong. He agrees with Commissioner Halkiotis about being pessimistic. He is suggesting a different way of looking at things and he would like to move on. His concern is that by going with residential and nominating districts, they will create divisions. He thinks that it is important to maintain the sense that the County Commissioners are all as responsible as possible to all of the citizens of Orange County and not just the people in one district. This is why he had difficulty voting for the previous motion. There was na second to the motion. Commissioner Carey said that he disagrees with the map for proposal D, and he thinks that the nominating districts should be the option that is adopted. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to have nomination by district (nominating districts), and election at large in the general election. Chair Jacobs said that they put the map from proposal D with the second permutation for a process as recommended by the Attorney, which has residency and nominating districts, at- large general election. Commissioner Carey changed the motion to adopt nominating districts for the map that he put forward, and election at large in the general election. Commissioner Gordon seconded. VOTE: Ayes, 2 (Commissioner Gordon Commissioner Carey}; Nays, 3 {Chair Jacobs, Commissioner Foushee, and Commissioner Halkiotis} MOTION FAILED A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to adopt the map in proposal D with nominating districts in the primary election. VOTE: Ayes, 4; No, 1 (Chair Jacobs) Geof Gledhill asked the Board to take up the resolution for November, which was on page 24. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to adopt a Resolution Calling a Special Referendum on the Question of an Alteration in the Structure of and Mode of Electing the Orange County Board of Commissioners. VOTE: UNANIMOUS NORTH CAROLINA ORANGE COUNTY RESOLUTION CALLING A SPECIAL REFERENDUM ON THE QUESTION OF AN ALTERATION IN THE STRUCTURE OF AND MODE OF ELECTING THE ORANGE COUNTY BOARD OF COMI\IISSIONERS WHEREAS, the Board of Commissioners has, from time to time, considered changing the structure and mode of electing the members of the Board; and tt~HEREr1S, on January 24, 2005 the Board received a petition from citizens of the County, requesting the Board to alter the method and manner by which Orange County Commissioners are elected to include electoral districts; and WHERE_~S, in response to the January 24, 2005 petition, Orange County staff presented a report to the Board on h•Iay 5, 2005, which report addressed: 1. the legal framework for structure of boards of county commissi 2. the various methods of at-large election, district election, and combination of at- large,%district election utilized for boards of commissioners in the 99 other North Carolina counties; 3. a history of past discussions by the Orange County Board of Commissioners in regard to Board representation and election; and 4. some limited boundaries and statistical information showing the population distribution as it may relate to the consideration/formulation of district representation for Orange County. t~'HERE~S, the Board considered the staff report, conducted public hearings and has continued to work on the concept of altering the structure of the Board and on specific alteration proposals since May 5, 2005, culminating in this Resolution calling for a special referendum on the structure of and the mode of electing members of the Board of Corrunissioners. NOtV, THEREFORE, BE IT RESOLVED, by the Orange County Board of Commissioners, pursuant to N. C. Gen. Stat. §§ 153 4-58, 60, 61, 62, 63, b4 there is herel~y called a special referendum conducted in Orange County on November 7, 2f)06 on the question of whether there will be an alteration in the structure of and mode of electing the Orange County Board of Commissioners. II. The proposition that will be printed on the ballot is as follows: "Shall the structure of the Board of Commissioners of Orange County be altered as follows: 1. change the board from five members to seven members; 2. change from the qualified voters of the entire County nominating all candidates for and electing all members of the board to a structure in which there is one three member district (District 1), one two member district (District 2) and two members at large; members shall reside in and represent the districts according to the apportionment plan adopted; the qualified voters of each district shall nominate candidates who reside in the district for seats apportioned to that district, and the qualified voters ofthe entire county shall nominate candidates for seats apportioned to the county at large; and the qualified voters of the entire county shall elect all the members ofthe board. District 1 consists of that portion of Chapel Hill Township that is south of a line that begins at the boundary between Bingham Township and Chapel Hill Township, then goes east along the boundary of the Chapel Hill-Carrboro and Orange County school administrative units to Eubanks Road; east along Eubanks Road to MLK, Jr. Boulevard (State Highway 86); north along MLK, Jr. Boulevard to Interstate 44; east along Interstate 40 and ending at the boundary between Orange County and Durham County. District 2 consists of the rest of Orange County. 3. The transition process is: 1) The first election for «~hich this election system will apply «~ill be in 2008. The three commissioners elected in 2006 will serve the remainder of their unexpired terms. Tti~~o of the three seats in District 1, one of the two seats in District 2 and one of the t«~o At Large seats will become available in 2008. 2} Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the three District 1 seats, for one of the tt~~o District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate candidates for the District 1 seats. The qualified voters of District 2 «~~ill nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four year ternis. 3) Three commissioners will be elected in the 2010 election. The three corrunissioners whose tei-~ns expire in 2010, along with other qualified candidates, may choose to run for one of the three District 1 seats, for one ofthe t«~o District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate a candidate for the District 1 seat. The qualified voters of District 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the member of the District 1 seat, the member of the District 2 seat, and the member of the At Large seat, all for four year tei7ns. ^ YES. ^ NO." III. This Resolution shall be published, shall be tiled and indexed in the ordinance book of the County and shall be available for public inspection in the office of the Clerk to the Board of Commissioners, all as provided by law. IV. A map showing electoral District 1 and electoral District 2 is attached hereto and thereby made a part of this Resolution. V. As provided by law, if a maj ority of the votes cast in the November 7, 2006 special referendum are in favor of the plan submitted to the voters, the plan shall be put in effect. If a maj ority of the votes cast in the November '7, 2006 special referendum are against the plan submitted to the voters, this Resolution and the plan submitted to the voters are void. This the day of , 2006. Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the day of , 2006. rives Noes I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2006 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2006. Clerk to the Board of Commissioners b-1. Central Orange Senior Center Design; Triangle Sportsplex Modifications The Board considered approving the plans far the Central Orange Senior Center and Sportsplex modifications required as a result of the design; and authorizing staff to move forward to develop plans in order to present a Construction Manager at Risk (CM at Risk} proposal after the Board's summer break. Purchasing and Central Services Director Pam Jones said that this is a follow up to the work session last week. She pointed out the three components of the project: 10,000 square feet of new construction built exclusively far the senior center; 5,000 square feet of existing space for exclusive use of the senior center; 4,100 square feet of existing Sportsplex space to be converted for the Adult Day Health Center; and 7,000 square feet for a mezzanine area that would replace the space taken from the Sportsplex operations. The Board asked for clarification on two different areas during the work session -the impact of the development options on the revenue of the Sportsplex and the expenses for the County and the impact of phased construction on development costs. Pam Jones referred to the handout, Central Orange Senior Center Phasing Analysis. In summary, it is estimated waiting three years far the ADHS and the Displacement Sportsplex Space will cost Orange County an additional $1,839,523 in capital cost and $1,538,349 in higher expenses and lost revenue from ADHC rent and Sportsplex operations. Commissioner Halkiotis asked about the ADHC and the low cost and Pam Jones said that it is an up fit only and not new construction. Chair Jacobs clarified that the Board is not actually approving this tonight, but authorizing staff to proceed to flesh out the numbers. Pam Janes said that this is almost to the point of a bid award. Commissioner Gordon said that when the staff comes back to talk about funding, she would like to see a complete debt issuance schedule for all County capital projects and all school capital projects. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the plan as cited herein and authorize the staff to proceed with project development such that a CM at Risk proposal may be presented after the summer break. Chair Jacobs said that this is the realization of an idea that came out of the 2001 bond. The Board saw an opportunity to save money on land costs by marrying the two facilities of the senior center and the Sportsplex. VOTE: UNANIMOUS c. Contract with Coulter Jewell Thames for Engineering and Design Services for Northern Park and Twin Creeks Park (Phase 1) The Board considered authorizing the Chair to execute a contract with Coulter Jewell Thames (CJT) for park pre-construction design and engineering services to secure permits, conduct engineering work, and create construction drawings and specifications for bid documents for Northern Park and Twin Creeks Park {Phase 1} and authorizing the Chair to sign subject to final review by staff and the County Attorney. Pam Janes said that this is a continuation of Elementary #10 because it is the same site. They received six proposals and they interviewed four firms. Coulter Jewell Thames was the most qualified firm. She said that the conditional use permit in Carrboro was a big portion of this. They are asking the Board to approve the contract with CJT. Chair Jacobs asked for a timeline and Environment and Resource Conservation Director Dave Stancil said that they do not know the exact timeline and that Northern Park will go through the Orange County site plan process, and Twin Creeks will go through the Town of Carrboro Conditional Use Permit application process. He said that if they get a contract awarded at this time, they will have construction drawings at the end of the calendar year for Northern Park. For Twin Creeks, it will be longer with Carrboro's conditional use process of 12 months. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to authorize the Chair to execute a contract with Coulter Jewell Thames (CJT) for park pre- construction design and engineering services to secure permits, conduct engineering work, and create construction drawings and specifications for bid documents far Northern Park and Twin Creeks Park (Phase 1) and authorize the Chair to sign subject to final review by staff and the County Attorney. VOTE: UNANIMOUS d. Animal Shelter Facility Development Over Summer Break The Board considered authorizing staff to proceed with architect selection and other associated activities that may be identified to expedite the development of the new Animal Shelter, to be sited on Eubanks Road, Chapel Hill; and to request that the Chair be authorized to sign a letter requesting expedited review by the Town of Chapel Hill for this project; and to designate two County Commissioners to serve on the panel that will select the project architect; and to direct the Clerk to present candidates for appointment to the project design committee an August 22, 2006. Pam Jones said that they want to be able to continue with this over the summer with site visits, etc. This is being driven by the information that they may have a smaller window on this project because of remediation of the hazardous landfill that is in close proximity to the animal shelter. They should be getting additional feedback from UNC soon. John Link said that as they proceed with due diligence they will be talking with UNC officials to find out when their remediation has to occur around the landfill and how close the animal shelter is to the circumference of the landfill. Chair Jacobs said that, looking at this process, the Board has not had a discussion about what kind of shelter it wants. He asked how this would work with picking a project architect. Pam Jones said that their solicitation will have requests for qualifications for architects that have built similar facilities. She said that it will be important to have someone that can do an animal shelter and that is familiar with the Chapel Hill process. Chair Jacobs said they have not had a discussion about a no-kill shelter or other kinds of animal shelters and he does not want to make a de facto decision. Animal Services Director Bob Moratto said that the decision is about the kind of interaction that the architect and the design committee are going to have about programming of the shelter. He thinks that there should be some engagement between the design committee, the architect, and the engineer sa that the community needs are driving the final form. A motion was made by Commissioner Carey, seconded by Chair Jacobs to authorize staff to proceed with architect selection and to establish a contract with the recommended firm that will be ratified by the County Commissioners an August 22, 2006; and to authorize the Chair to sign a letter requesting expedited project review from the Town of Chapel Hill; appoint Commissioner Carey and Chair Jacobs to serve on the architect selection/design committee; direct the Clerk to the Board to present candidates for appointment to the design committee an August 22, 2006; and to request the Animal Services Advisory Board to recommend two members to serve on the design committee. VOTE: UNANIMOUS e. Proposed Final Draft Efland-Mebane Small Area Plan The Board considered adoption of the Efland-Mebane Small Area Plan. Planning Director Craig Benedict introduced Planner II Perdita Holtz, who went over the recommendations. Perdita Holtz said that at the May 22"d QPH they heard a presentation an this draft plan. At that time, the Board moved to refer this to the Orange County Planning Board. The Planning Board recommended approval unanimously with two comments: to pay particular attention to water and sewer issues and to remove a bullet in the executive summary regarding designating the planning area as a possible TDR receiving area. They are asking the Board to consider adoption of the draft plan and to keep in mind that implementation would follow adoption. They would like the Board to consider forming a focus group to assist staff with implementation action strategies. Chair Jacobs made reference to page 65, #4, and the second sentence in `a' should say, "Additionally, permitting limited non-residential growth on the south side of the interstate, west of Mt. Willing Road, and the vicinity of West Ten Road," just to be clear that they are staying on the west side of Mt. Willing. He also had concerns on page 78 about the way in which this is structured. He suggested three steps: trying to reach an agreement with Mebane; the third paragraph should become the second priority, which is, "The County should also be involved in building a community in the planning area because of the changes proposed forever;" and the third step should be, "Should other means of protecting and preserving the integrity of the Efland area fail, a task force should be considered to establish incorporation." He thinks that they should fallow up discussions with Mebane, establish the community group, and if the needs are not met, form another task force. Chair Jacobs said that the focus group should include someone from the Commission for the Environment. Craig Benedict said that, depending on the vote tonight, the next steps would involve action strategies which are possible land use text and map amendments and possible changes to water and sewer boundaries to implement the plan. He said that this is a great plan put together by the community and various advisory boards. Chair Jacobs suggested adopting this and having the Clerk advertise for general appointees over the summer and staff can solicit from the various advisory boards. In the interim, the Planning staff can start to identify the issues for the group to work on. A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to adopt the Efland-Mebane Small Area Plan in accordance with the attached resolution, solicit appointments for the focus group, and add a Commission for the Environment member to the focus group. VOTE: UNANIMOUS RESOLUTION ADOPTING THE EFLAND-MEBANE SMALL AREA PLAN WHEREAS, Orange County Board of Commissioners appointed a citizen Task Force in December 2004 to work with Planning Staff in developing a Small Area Plan far the defined Efland-Mebane area; and WHEREAS, the Efland-Mebane Small Area Plan Task Force met 12 times throughout 2005 and early 2006 to develop the Small Area Plan; and WHEREAS, a Community Meeting to obtain citizen comments regarding the plan was held in March 2006: and WHEREAS, the Draft Efland-Mebane Small Area Plan was heard at the May 2006 Quarterly Public Hearing; and WHEREAS, the Orange County Planning Board has reviewed and commented on the Draft Efland-Mebane Small Area Plan; NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners hereby resolves that the Final Draft of the Efland-Mebane Small Area Plan be adopted to guide future decisions regarding those issues addressed in the Efland-Mebane Small Area Plan. e-1. The Orchard-Preliminary Plan The Board was to consider the Preliminary Plan for The Orchard Subdivision. DEFERRED f. Appointments DEFERRED (1 } Adult Care Home Community Advisory Committee -New Appointments The Board was to consider making appointments to the Adult Care Home Community Advisory Committee. (2} Animal Services Advisory Board -New Appointment The Board was to consider making one new appointment to the Animal Services Advisory Board. {3} Commission for the Environment -New Appointments The Board was to consider making appointments to the Commission far the Environment. {4} Commission for Women -New Appointments The Board was to consider making appointments to the Commission for Women. (5} Economic Development Commission -New Appointments The Board was to consider making appointments to the Economic Development Commission. {6} Human Relations Commission -New Appointments The Board was to consider making appointments to the Human Relations Commission. {7} Rural Transportation Advisory Board (RTAC) -B000 Appointment The Board was to consider one BOCC appointment to the Rural Transportation Advisory Board. {8} Sportsplex Community Advisory Committee -Initial Appointments The Board was to consider making initial appointments to the Sportsplex Community Advisory Committee. 10. Reports-NONE 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting at 10:32 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 8:00 AM, Thursday, June 22, 2006 Lake Orange • Water level is full and spilling slightly. • Water storage capacity remaining is 100% (475 million gallons) • Current Eno River flow at the Hillsborough gage is approximately 4.9 cfs (3.2 million gallons per day). • Eno flow levels are currently below historical median flows, but have been well above the historical means as a consequence of rainfall from tropical storm Alberta. The streamflaw has fallen steadily from its peak {approximately 700 cfs) on June 14th. There are currently na controlled releases for instream flow from either the Lake Orange or West Fark reservoirs, however it will became necessary to make such releases from Lake Orange very soon without additional rainfall. • Stage I Ena River Capacity Use Restrictions came into effect an May 28t" and were lifted on June 19th. Without additional rainfall, restrictions will become effective again on June 27~". West Fork Reservoir • Water level is at full capacity • Water storage capacity remaining is 100°~ OWASA Reservoirs • Water level at Cane Creek Reservoir is 14.0" below full • Water level at University Lake is 3.5" below full • Total remaining water storage capacity is approximately 94.1 % • Approximately 360 days of water supply remaining {at current 7-day average dally demand j8,5 million gallons per dayJ} National Weather ServicelNOAA Regional Precipitation data {inches above [+] or below [-] normal) RDU -6.34" for 2005 -0.56" since January 1, 2006 +6.07" since June 1.2006 Miscellaneous notes Piedmont-Triad -9.94" for 2005 -5.70" since January 1, 2006 +2.14" since June 1.2006 1. The NC Drought Management Advisory Council drought map, updated June 13t", show the northern half of Orange County to be "abnormally dry", with the southern and extreme western portions of the County to be in "moderate draught". 2. The OWASA service area remains under the OWASA-declared a Water Supply Advisory (which alerts OWASA customers about potential water supply shortages and providing advanced notice that additional [beyond those specified in OWASA's year- round concervation requirements] water use restrictions could be imposed if supply/ demand conditions do not improve in the near future.