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HomeMy WebLinkAboutMinutes - 20060822 APPROVED 10/3/2006 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 22, 2006 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 22, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Stephen Halkiotis COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Jacobs asked all to pause for a moment of silence in memory of Ron Holdway, a member of the Environmental Health staff, who passed away this summer. Chair Jacobs went through the additional items: Blue sheet from Paul Thames on Buckhorn EDD and Gravelly Hill Middle School water and sewer project; salmon sheet, which is a replacement for item 5-k; a map that goes with item 5-m; item 5-o is a clarification of what they are discussing with this; item 5-u is also a clarification; item 9-d (yellow sheet) is an email received from a citizen; there was a revised item 9-e-10, which is the Sportsplex Community Advisory Committee; and item 9-e-1 is the NC 57 Speedway Small Area Plan and there was a category left off for citizens at large. Also, 9-c, The Orchard subdivision, has been removed at the request of the developer. 2. Public Comments a. Matters not on the Printed Agenda Jamie Daniel said that he read an article in the News and Observer about Orange County's tax rate being the highest in the Triangle. He said that there were people mentioned in this article that are afraid that they will not be able to pay their taxes. He said that these are retired senior citizens that are being threatened to have their homes taken away, and they are being threatened by Orange County. He said that he is very disappointed that so much time was spent during the budget cycle about merger, the district tax, and the school systems, and he is afraid that they forgot to pay attention to the people who need it the most. He said that these are the weakest among them — minorities, retirees, and senior citizens. He is concerned about family survivability in Orange County. He is disappointed that this was in the News and Observer. 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 announced that September 20`h is the date for the Human Services Advisory Commission Forum at the Chapel Hill Bible Church. There is a consent agenda item for this. Commissioner Foushee announced that this Thursday will be the last meeting for the Childcare Task Force and she thanked all that were involved. They had a lot of participation within the community. Commissioner Foushee made reference to the Inter-Faith Council men's shelter and the report. They met in July to discuss the possibilities of identifying a site for the shelter, and one of the possibilities is the Southern Human Services Center campus. The challenge is that there is no master plan. Commissioner Halkiotis said that for 20 years he has heard tales of woe at budget time from the school systems, and every year he tells people that everything will be fine. He thanked Superintendent Neil Pedersen for the invitation to attend the convocation last Friday to thank the Board of Commissioners for its support. He appreciated this. Commissioner Halkiotis said that he would like to know how OCS found an additional $1.3 million in fund balance money after the County budget session was concluded. He read today that they were able to fund their AVID program and AIG teachers. He wants to know how they found the extra $1.3 million. Commissioner Halkiotis said that he was embarrassed to represent the County when he rode with the County Engineer in an old car to Efland. This car was an old Mazda 626 because County Engineer Paul Thames turned in his County car a few years ago for repair and he never got it back. He said that the car stalled all the way to Gravelly Hill. He would like to ask staff to find a surplus vehicle for the County Engineer. Commissioner Halkiotis said that for the last week he has watched trees dying on US 70 east under the power lines. He distributed some pictures around and he wants staff to check this out to see if there is an herbicide that the utility company is using. The Board agreed on a short turn-around time for this issue. Commissioner Carey said that the County Commissioners have started getting Shark Bytes, the newsletter from the Triangle Sportsplex. He commended the Sportsplex staff and asked that they keep up the good work. Commissioner Carey commended Social Services because he got a letter from the Section Chief about reducing the foster care backlog, and DSS has volunteered to participate in 2005— Challenge For Children. He encouraged DSS to continue to participate in this program. The Board endorsed this commendation. Commissioner Carey asked if the County has a relationship with the Maximus Corporation and if it is entitled to any repayment because of over billing county governments. He would like staff to let him know. Commissioner Carey said that he received a note from a disabled citizen and this citizen was helped by Human Rights and Relations Director Milan Pham. He commended the Department of Human Rights and Relations. Commissioner Carey thanked Chair Jacobs for scheduling a discussion about the animal shelter design for September 14`h. There has been some confusion about the scope of responsibility. Commissioner Carey asked the Board to consider scheduling the Board retreat in December so that they will have time to develop the goals between December-March. The I retreat used to be done in December. The County Commissioners have not adopted a set of goals in a long time. Commissioner Carey said that he would like to ask citizens and anyone else who would want to participate to engage in an activity to educate the public about the upcoming district elections referendum that will be on the November ballot. He thinks that the lack of education is inviting failure. Chair Jacobs said that he and Commissioner Halkiotis met with the Manager and the Assistant to the Manager yesterday and they discussed the issue of educating the public. Staff is working on bringing something back to the Board soon so they can get the public's attention in a neutral way. Commissioner Gordon reported on some meetings that happened over the summer. The Transportation Advisory Committee of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization met and Karen Lincoln will get a summary to all Commissioners. Commissioner Gordon reported that the General Manager of the Triangle Transit Authority (TTA) is recommending that TTA not submit its new funding application for the Regional Rail Project this time around. Part of the reason is the recent changes in the federal funding criteria. The action is on the agenda for tomorrow's TTA meeting. She said that TTA will work with the community to come up with the options to pursue. Doing nothing is not an option because traffic congestion is getting worse on 1-40 and other roads. She said that TTA has increased ridership for its buses and van pools this past fiscal year. Commissioner Gordon said that the Commission for the Environment worked on Transfer Development Rights (TDR) at their last meeting. Commissioner Gordon said that she supported considering having the Board's retreat in December. Chair Jacobs said that they would be having discussions of goals and priorities at the August 31 n work session. Chair Jacobs thanked the animal shelter and Animal Services staff for successfully putting online images of all of the animals at the shelter that are available for adoption and that are lost. Chair Jacobs underlined what Commissioner Halkiotis said as it relates to money found in the fund balance at OCS. He also appreciated Superintendent Pedersen's kind words and invitation to the convocation. He said that both school systems were able to fund everything they needed this coming year. Chair Jacobs asked if the Board would like to have a simple event to commemorate the 5`h anniversary of what happened on September 11, 2001 and to also commemorate the many people that died during Hurricane Katrina last year. There will be no speeches, only someone playing taps, a Saponi prayer of peace, some candles, a moment of silence, and the flag will be lowered to half staff. The Board agreed. Chair Jacobs said that this is John Link's last regular meeting and they appreciate him as a person, a colleague, and a Manager. 4. County Manager's Report John Link said that the North Carolina Association of County Commissioners distributes their awardees for the Ketner Award, which was started by Ralph Ketner, who founded Food Lion and put aside money so that the NCACC could recognize efficiency and innovation on the part of local county governments. He said that Rob Taylor and others from Solid Waste received the Ketner award for their TRIP program, which means Toxicity Reduction Improvement Program. They have focused on recycling electronics, computer waste, hazardous household waste, automotive waste, and dry cell household batteries. He said that Orange County ranks highest in the state for pollution prevention and environmental assistance. I Orange County also ranks highest in the state in reported per capita recovery of electronics waste and is reported as among the top programs in the nation in pounds per person recovered. County Attorney Geof Gledhill introduced his new attorney that will be working for the County- Brian Ferrell. He joined the firm last month and has been a solo practitioner the last several years in RTP. He graduated from Wake Forest University Law School and UNC-Chapel Hill undergraduate school. He grew up in Orange County and his mom is Bonnie Ferrell, who works for Social Services. His dad is Mike Ferrell, who is the attorney for Wake County. John Link said that the Board charged staff before the summer break to address the tax burden that impacts the elderly and other groups. He said that he does not know of any example where any tax collector ever took action to evict someone from their home for not paying their taxes. He said that during Jo Roberson's tenure, she has gone out of her way to work with any citizen on a payment plan to pay their taxes. Rod Visser said that staff and the attorney have met to look at tax assistance and they will be meeting with the Chair and Vice-Chair to discuss the possible parameters. He said that the Board could send comments to staff as they develop options on this matter. Commissioner Gordon made reference to Jamie Daniel's comments and she said that the initial report from the Master Aging Plan Task Force had an item that was asking the Board to look at tax assistance for seniors. At the meeting at which the report was given, both she and Commissioner Foushee asked that this issue be brought forward. At a more recent Commissioners' meeting, Commissioner Gordon again asked for concrete action, and asked staff to research the issue of tax assistance for seniors and whether others of low income could also receive some tax assistance. Chair Jacobs said that the county Democratic Party adopted a position in favor of tax relief for seniors. John Link shared some of his feelings about leaving the County. He thanked the supportive staff, his wife, and his family. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes of May 4, 18, 22, 25, and 30 of 2006 and June 1, 5, 13, and 19 of 2006 as submitted by the Clerk to the Board. b. Appointments (1) Animal Services Advisory Board — Reappointment The Board reappointed Ross Oglesbee to the Animal Services Advisory Board to a first full term ending June 30, 2009. c. Motor Vehicle Property Tax Release/Refunds for June 2006 The Board adopted a refund resolution, which is incorporated by reference, related to 90 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Motor Vehicle Property Tax Release/Refunds for July 2006 The Board adopted a refund resolution, which is incorporated by reference, related to 53 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. e. Property Tax Releases I The Board adopted a resolution, which is incorporated by reference, to release property values related to one (1) request for property tax release in accordance with N.C. General Statute 105-381. L Property Value Changes The Board adopted a resolution, which is incorporated by reference, approving value changes made in property values after the 2006 Board of Equalization and Review has adjourned. g, County Work First Designation and Establishment of Planning Committee The Board approved plans to continue operating a standard Work First program in Orange County and appointed a committee to update the Work First Plan for 2007-2009. h. Appointment of Three Deputy Tax Collectors The Board approved the appointments of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for a one-year term, effective July 1, 2006 through June 30, 2007. i. Tax Abstract and Billing Contract The Board entered into a contract for the continued production of Tax Abstracts and Tax Billings for a period of one year and authorized the Manager to enter into the contract after final review of the staff and County Attorney. i. Continuation Grant Acceptance for Primary Care Services at Health Department The Board accepted the State continuation grant funds for primary care services at the Health Department for the period July 1, 2006 through June 30, 2007 and authorized the implementation of the grant. k. Contract with UNC School of Dentistry and Health Department for 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. I. Forest Service Contract for Fiscal Year 2006-07 The Board approved the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR) for protection, development, reforestation, management, and improvement of forestlands located in the County subject to final review by staff and the County Attorney, and authorized the Chair to sign. m. Bid Award: Construction of Concrete Wall and Slab at Landfill The Board awarded a bid to Jones Concrete Service Company of Hillsborough, North Carolina for a total of$50,572 to extend a retaining wall and pour concrete slab at the Orange County Landfill and authorized the Purchasing Director to execute the necessary paperwork. n. Duke Power Right of Way for Seymour Senior Center This item was removed and placed at the end of the consent agenda for separate consideration. o. Authorization to Close Property on Eubanks Road The Board amended the Offer to Purchase and Contract to delete the requirement that the Town of Chapel Hill approve Orange County's planned governmental use of the property before the County is required by the contract to purchase the property; and authorized the County Attorney and the Finance Director to close on the purchase of this property as soon as practical. p. Housing Rehabilitation Contract Awards The Board awarded two housing rehabilitation contracts for the County's HOME Housing Rehabilitation Program to: Long Construction Company for$20,470 and Eastern Environmental for $5,000 for 119 Hayes Street, Hillsborough. _q. Lease Renewal: Central Orange Senior Center Space at the Meadowlands T The Board approved a lease renewal for space being used as the Central Orange Senior Center at the Meadowlands, Hillsborough, subject to final review by staff and the County Attorney and authorized the Chair to sign. L Orange Unified Transportation Board: Name Change and Rules of Procedure The Board approved a resolution to officially change the name of the Orange County Unified Transportation Advisory Board (OCUTAB) to the Orange Unified Transportation Board (OUT BOARD) and a resolution approving Rules of Procedure for the Orange Unified Transportation Board, both of which are incorporated by reference. s. Petition for Addition of Subdivision Roads to the State Maintained System This item was removed and placed at the end of the consent agenda for separate consideration. t. Grant Agreements —2005 Buffer Zone Protection Program (BZPP) Grant Funds The Board approved the Memorandum of Agreement and attachments between the County and State of North Carolina, subject to final review by staff and the County Attorney; approved the Memorandum of Agreement and attachments between the County and University of North Carolina at Chapel Hill, 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, Finance Director, and County to sign the agreement; and authorized the Emergency Management Director to sign the reimbursement request forms associated with the provisions of the grant. u. Interim County Manager Appointment Terms The Board confirmed the terms of the appointment of the Interim County Manager. v. Authorization to Enter into Technical Agreement to Support Livecasting BOCC Meetings from Southern This item was removed and placed at the end of the consent agenda for separate consideration. ML Special Request for Use of Forum 2006 Proceeds to Aid Low Income Seniors This item was removed and placed at the end of the consent agenda for separate consideration. x. Jail HVAC System Replacement Analysis The Board authorized the Purchasing Director to develop and execute a contract for professional services with Reece, Noland & McElrath, Inc. in the amount of$8,000, subject to final review by the County Attorney, for preparation of an analysis of heating, ventilation and air conditioning (HVAC) system needs for the Orange County Jail (pre-1997 sectors), and identification of an appropriate energy-efficient replacement system; and to provide recommendations for addressing humidity concerns for the basement level of the Court Street Annex building. Y Solid Waste Operations Center Project Update The Board received a status report on progress toward design and construction of the Solid Waste Operations Center by Dixon/Weinstein architects, including results of the cultural and archaeological survey of the property. Z. Sportsplex Membership Rates for Orange County Employees The Board endorsed the concept of providing the 50% discount to employees off the regular published SportsPlex membership rates, and having the employee and the County split equally the cost of the resulting membership rate; and directed the staff to take the necessary administrative steps to enroll and maintain participating employees and carry out the appropriate financial transactions between the General Fund and the SportsPlex Enterprise Fund. La. Supplemental Cooperative Extension Memorandum of Agreement I The Board approved a supplemental Memorandum of Agreement between Orange County and North Carolina Cooperative Extension/North Carolina State University (NCSU) to implement a new payment process for new Cooperative Extension employees and authorized the Chair to sign. bb.Richard E. Whitted Human Services Center Parking Lot Paving Design Update Services This item was removed and placed at the end of the consent agenda for separate consideration. Lc. Budget Amendment#1 This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: n. Duke Power Right of Way for Seymour Senior Center The Board considered approving a right of way agreement as requested by Duke Power for power lines to be installed for the Seymour Senior Center on the Human Services Campus on Homestead Road, Chapel Hill and authorizing the Chair to sign. Chair Jacobs said that this is asking for the Board to grant a ten-foot easement without knowing where the easement is going to be, with the assurance that Duke Power will take into account features such as existing light poles, trees, and other amenities. He is opposed to doing this without a map. He would be glad to work with Duke Power to identify where the easement will be. Commissioner Halkiotis endorsed this idea. Commissioner Carey asked if this was time sensitive and Purchasing and Central Services Director Pam Jones said that this is time sensitive for getting power laid for the Seymour Center. She said that they will work with Duke Power, but Duke Power does not decide on an easement until they are putting the lines in. Chair Jacobs said that the Board meets on several dates in the next two weeks and if the line needs to be laid, then the staff can quickly come back with the information. Commissioner Halkiotis said that Duke Power put in the power line to the lift station at Gravelly Hill in the wrong place. He said that there is nothing wrong with asking for correct information. Pam Jones said that she would give this information to Duke Power, and if it appears that it might be a problem with time, she will bring the information back to the Board. Commissioner Gordon said she does not want the project delayed. DEFERRED s. Petition for Addition of Subdivision Roads to the State Maintained System The Board considered approving a recommendation regarding petitions to add Willow Oak Drive, Scarlet Oak Lane, and Boundbrook Drive to the State Maintained Secondary Road System. Chair Jacobs said that he pulled this item to vote against it, for previously stated reasons. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve a recommendation regarding petitions to add Willow Oak Drive, Scarlet Oak Lane, and Boundbrook Drive to the State Maintained Secondary Road System. VOTE: Ayes, 4; No, 1(Chair Jacobs) T v. Authorization to Enter into Technical Agreement to Support Livecasting BOCC Meetings from Southern The Board considered approval of entering into an agreement with David Guthrie, Systems Integration Specialist, in an amount not to exceed $21,674 to acquire, install, certify, and train County and The People's Channel representatives on technical equipment necessary to enhance capabilities and outputs in preparation for planned live-casting at Southern Human Services Center of BOCC meetings and authorizing staff purchase of ancillary equipment and authorizing the Manager to sign the agreement. Commissioner Gordon said that she pulled this because people have been asking for quite awhile if there could be live-casting instead of videotaping and broadcasting later. This will make it possible to live-cast from the Southern Human Services Center. She wanted to highlight this. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve entering into an agreement with David Guthrie, Systems Integration Specialist, in an amount not to exceed $21,674 to acquire, install, certify, and train County and The People's Channel representatives on technical equipment necessary to enhance capabilities and outputs in preparation for planned live-casting at Southern Human Services Center of BOCC meetings and authorize staff purchase of ancillary equipment and authorize the Manager to sign the agreement. Commissioner Halkiotis commended Assistant County Manager Gwen Harvey for doing this. He said that 20 years ago he asked about doing this and the community accused the Board of strong-arming the cable company. He commended Time Warner for being willing to do this. Gwen Harvey recognized Dave Guthrie from Time Warner for working with them on this project. Chair Jacobs asked if the telecasts would be in Carrboro and Gwen Harvey said that they would have a dedicated channel available to all members of the public, but they would have to have a converter box that will be free. VOTE: UNANIMOUS ML Special Request for Use of Forum 2006 Proceeds to Aid Low Income Seniors The Board considered granting permission to allow the Human Services Advisory Commission to donate registration proceeds from the 2006 Human Services Issues Forum to Senior Care of Orange County, Inc. to be used to provide emergency property tax assistance grants to elderly low-income home owners. Commissioner Gordon wanted to highlight this. She commended the HSAC for bringing this forward. This is a step toward providing some property tax assistance. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve the request from the Human Services Advisory Commission and authorize payment of Forum 2006 proceeds to Senior Care of Orange County, Inc. to help aging frail, disabled or handicapped adults to remain in their own homes, or return to their own homes. VOTE: UNANIMOUS bb. Richard E. Whitted Human Services Center Parking Lot Paving Design Update Services The Board considered authorizing the Purchasing Director to execute a contract in the amount of$5,640 for professional services with Michael A. Neal & Associates, Inc. to update design and construction and bid specification documents for paving of the gravel parking lot adjacent to the east of Richard E. Whitted Human Services Center, subject to final approval by staff and the County Attorney. I Chair Jacobs said that he had asked staff to research this and there has been a longstanding use of that property for parking. There is some sensitivity in the neighborhood, but he would like the staff to continue to research this. The County has some preexisting and documented use there for parking. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to authorize the Purchasing Director to execute a contract, subject to final review by staff and the County Attorney, with Michael A. Neil & Associates in the amount of$5,640 for updating the design and bid specifications for paving of the existing Richard E. Whitted Human Services Center gravel parking lot located on the east side of the 'B' building. VOTE: UNANIMOUS Lc. Budget Amendment#1 The Board considered approving budget ordinance amendments for fiscal year 2006-07. Commissioner Carey asked about the proposed changes in fees for non-domestic wastewater improvement permits. He asked what the 50% meant because there is no figure. Health Director Rosemary Summers said that she does not have the figures with her and it was inadvertently left off of the budget package. The fee is for commercial establishments. She will provide the figures at a later time. The fee for domestic water systems is $360, and this would be a little bit more than $400. Commissioner Carey asked for an example in writing at a later date because he does not understand the figures. Commissioner Halkiotis also asked for an example of what a non- domestic wastewater operation would be. Commissioner Gordon asked Rosemary Summers about plans to use funds from the North Carolina Department of Health and Human Services for personal protective equipment and who will get this protective gear. Rosemary Summers said that in part they have this planned out, but the situation will dictate usage. She said that the first line health care workers would be issued the equipment first, and then maybe to volunteers and others staffing particular clinics that are dealing with infectious individuals. They are also ordering and beefing up the N- 95 respirators, which is a higher level of protective gear for infectious diseases. Commissioner Gordon asked about a plan for a pandemic and Rosemary Summers said that they have started this process and are working with various departments to get them to think about their own planning. Commissioner Gordon asked for something in writing in the next couple of weeks outlining how they will proceed with a pandemic plan. Chair Jacobs said that if they are going to be seriously considering how to deal with pandemics, they need to be talking about teleconferencing and keeping County government going, if necessary via computer. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve budget ordinance amendments for fiscal year 2006-07 for Department of Social Services, Arts Commission, and Health Department. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Piedmont Electric Membership Corporation (EMC) Request for Special Public Hearing for Telecommunications Tower Application The Board considered a draft resolution providing direction to staff regarding a request by Piedmont EMC for expedited review of a Planned Development Zoning Atlas Amendment outside of the Quarterly Public Hearing schedule. Rod Visser said that the County received a request from this group for a replacement tower at the current location on NC 86. This tower is related to another project that will be used to help implement the VIPER project, the communications interoperability project. This tower is slated to receive some of the equipment that will improve communications in Orange County and in surrounding areas with 800 MHz radio systems, etc. Planning Director Craig Benedict described the process for tower applications. Each year there is a meeting with the tower industry in December or January to find out what is coming online. The goal is to encourage co-location with different providers. There are then quarterly public hearings for proposed towers. This particular tower would be on the November 20`h public hearing. It would be a joint meeting with the Planning Board, be referred back to the Planning Board in December, and come to the County Commissioners in late January or early February. He said that the County has rarely expedited special use permits, but there is a process to shorten the timeframe if the Board so chooses. The request is to have a 350-foot tower to replace the 220-foot tower that is there. This entails a rezoning and a special use permit modification. Commissioner Halkiotis said that in the letter, it says that Jack Ball has expressed an interest in locating equipment on this tower to improve coverage if some issues with the present tower can't be resolved. He asked about the "present tower" and which one this is referring to. EMS Director Jack Ball said that their present tower for paging is located on Eno Mountain and there are some issues in the southern point of the County that causes them to miss paging periodically. Piedmont Electric has offered to allow them to extend the paging capability on the proposed tower to allow them to overcome some of these problems. Commissioner Halkiotis said that this is a wonderful opportunity if Piedmont is willing. Commissioner Halkiotis verified that Michael Hodson of the North Carolina Highway Patrol is interested in locating on the tower in Hurdle Mills in order to complete their 800 MHz project. Piedmont Electric is also willing to work with the highway patrol and Person County. He commended Piedmont Electric for this public spirit. Craig Benedict noted that the 250-foot tower would be deconstructed and may be recycled. Commissioner Gordon asked Craig Benedict why this did not come forward in a more timely manner and Craig Benedict said that there needs to be a full application to comply with the ordinance and this has not come forward. If the Board determines to move forward, the full application package still has to come forward from PEMC addressing all aspects of the ordinance. Commissioner Gordon said that she could vote on this for the public, health, and safety reasons only but she is concerned that there is a contentious aspect to locating towers. The tall ones are problematic. She said that this should not be the way to do this process in general. Commissioner Carey agreed with Commissioner Gordon on the public, health, and safety issues that would prompt one to expedite the process. He asked someone from PEMC to speak to the statement that the permit with the Federal Aviation Administration expires on October 15`h A Piedmont Electric spokesperson said that it is a complicated process with FAA and they will have to ask for an extension of the permit. The FAA will want to know when they anticipate being able to start construction. Chair Jacobs asked Craig Benedict if any neighbors have expressed concerns. Glen Bowles, planning staff member, said that PEMC had a consultant to do the balloon test in April and Orange County received no comments. Letters were sent out to everyone within a 1,000- foot radius. The balloon stayed up from 8:00 a.m. to 1:00 p.m. on a Monday morning. Commissioner Gordon said that this time might not have been a good time to do this. She suggested giving more notice to these neighbors in the future and Chair Jacobs agreed. Chair Jacobs said that with the public service component of these towers, he would support this. He thinks that this is a sufficient case and a sufficiently extraordinary corporate citizen. He thinks that the public should be aware of the opportunity to comment. He wants to make sure that ERCD has an opportunity to look at environmental consequences or other I natural components. Craig Benedict said that they have a special consultant that helps them review private tower applications. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to approve the draft resolution directing Planning Staff to prepare a process and timeline and other materials related to a potential expedited review for presentation to the Board at the September 12, 2006 BOCC regular meeting. VOTE: UNANIMOUS A RESOLUTION DIRECTING PLANNING STAFF TO PREPARE A RESPONSE TO REQUEST BY PIEDMONT ELECTRIC MEMBERSHIP CORPORATION WHEREAS, Piedmont Electric Membership Corporation located at 2500 NC Highway 86 South, Hillsborough, North Carolina, has made application for construction of a new 350-foot telecommunications tower to replace an existing 220-foot tower; and WHEREAS, construction of said tower requires a rezoning and issuance of Class A Special Use Permit by the Orange County Board of Commissioners; and WHEREAS, issuance of Class A Special Use Permits must be preceded by a quasi-judicial public hearing conducted by the Orange County Board of Commissioners and Orange County Planning Board; and WHEREAS, Piedmont Electric Membership Corporation has requested a special public hearing and expedited review process, citing such issues as homeland security, Federal Aviation Administration permit expiration, potential co-location of emergency services communications equipment, and a desire to complete construction prior to the onset of winter weather; and WHEREAS, public hearings on special use and zoning petitions are generally held on a quarterly schedule due to the logistics of adjoining property owner notification, newspaper legal advertisements, agenda preparation, Planning Board attendance, and allowing ample time for public comment; and WHEREAS, the next scheduled quarterly public hearing date is November 20, 2006; and WHEREAS, the Orange County Board of Commissioners desires to give full consideration to the Piedmont Electric Membership Corporation request; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners directs the Orange County Planning Staff to prepare a proposed process and timeline for a possible expedited public hearing to occur at a regular Board meeting prior to November 20, 2006; and BE IT FURTHER RESOLVED that the Planning Staff, in its review, also address the pros and cons of the request, flight patterns of migratory birds, the number and distribution of similar towers in the County, and such other issues as may be added by the Orange County Board of Commissioners in its consideration of this resolution. This, the 22"' day of August 2006. 7. Special Presentations a. Tax Collector's Annual Settlement I The Board received the tax collector's annual settlement on current and delinquent taxes and considered approving the accounting thereof. Chair Jacobs said that they wanted to bring this to the public's attention. He said that Orange County levies taxes equally to every citizen in the County. John Link said that the Board of County Commissioners has to make the decision to levy the taxes and the Tax Collector has to collect these taxes. He said that Orange County has the finest Tax Collector and staff in the state and the total tax collection rate is 98.97%. He publicly congratulated Jo Roberson and her staff. The process of tax collection is dictated by the Machinery Act. He asked Jo Roberson to tell what the Machinery Act prescribes for her to do and what the County Commissioners are supposed to do in response. Jo Roberson said that she is supposed to report to the Board what her settlement is in the present year and back year collections. In turn, the Board charges the Collector with the resolution to collect the taxes, which includes enforced measures. She stressed that they truly try to administer as fairly and as evenly as humanly possible. They offer a number of alternatives to the taxpayers. They want to work with people, but they also have a very stringent set of laws that require that they do certain things at certain times if people do not respond. She said that the office is always open to people coming in to talk about their situation. Chair Jacobs said that the County Commissioners appreciate the fact that this office wants to work with people, and he stressed that they are not trying to drive people out of their houses or take away their cars or property. Jo Roberson introduced her staff: Deputy Director of Revenue Linda Strickland- Jaubert, Deputy Collector Bobbi Underwood, and Deputy Collector Valerie Current. Jo Roberson pointed out that the Revenue Department could not accomplish the job that they accomplish if it were not for the outstanding work by the Register of Deeds, the Land Records Department, and the Assessor's Office. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to receive the tax collector's annual settlement on current and delinquent taxes and approve the accounting thereof. VOTE: UNANIMOUS 8. Public Hearings-NONE 9. Items for Decision--Regular Agenda a- for Additional Childcare Subsidy Funding The Board considered approving a reallocation of$100,000 from anticipated Medicaid savings to serve families waiting for child-care subsidies. Social Services Director Nancy Coston said that last year they had a difficult situation with not enough money for child care subsidies to take anyone off the waiting list. There are 539 children and 451 families who are on the waiting list. They hope to get some off of the waiting list as attrition occurs and children go into public schools. They come before the Board to ask to use $100,000 in one-time funds this year to help reduce the backlog. The funds are from the Medicaid relief that the General Assembly passed. Commissioner Carey asked if they were expecting a reallocation later this year as was received last year. Nancy Coston said that they have heard that reallocations are no longer received, but last year they prevailed upon the state to bail them out and they did receive $150,000 last year. The General Assembly also changed the rules that should there be any funds to reallocate, counties must now provide a match. Commissioner Gordon supported this request. Commissioner Foushee said that one of the goals of the task force was to increase the awareness of the County need for providing subsidy for childcare. This is an opportunity to address the need by sequestering funding should there be a need to make a match from the reallocation. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to accept the proposal from the Social Services Board and approve the reallocation of$100,000 from the Medicaid line item to the childcare subsidy line item in the Social Services Budget. Commissioner Halkiotis commended Nancy Coston for doing a great job. Chair Jacobs asked how much money this will make in addition to what they have been spending. Nancy Coston said that there was an appropriation of$50,000 in the Social Services budget for sponsoring money, and the Board appropriated $30,000 for the employees that have received subsidies. That would make $180,000 total now. Chair Jacobs said that they have been moving toward addressing the shortfall. His main concern is that he does not trust the legislature to continue to relieve the counties of the burden of funding Medicaid. Also, the Board needs to start looking at, if there is a reduction in the County Medicaid match, the Board's attitude toward that. There are services being cut that this money could address, but there are also people whose tax burden is making it hard for them to live here. VOTE: UNANIMOUS b. County-Funded Sustainable Design Elements for Community College Campus Building The Board considered authorizing the expenditure of funds for sustainable design elements in the Durham Technical Community College (DTCC), Satellite Campus Building One. Purchasing and Central Services Director Pam Jones said that the Board of County Commissioners looked at sustainable designs and the bids came in on June 29`h. She made reference to page 2 of the abstract, which includes the alternates for the sustainable design elements and the costs. She reviewed these. The bids came back higher than the architect estimates. The actual contract for the base building has already been awarded by Durham Tech with MLB Construction Company. The sustainable design features can be incorporated into the existing contract. Alternate #8 was not originally included and involves a 125-vehicle park and ride lot at $341,000. There is $161,000 currently available for this, so it would require an additional $180,000. The Board is being asked to identify the elements it wants to incorporate into the building. The affordability will be discussed on August 31't. There is a possibility of some grant funding from the State, and Dr. Phail Wynn, President of DTCC, is on the review committee. Commissioner Halkiotis said that the aluminum light shelves were a surprise to him because he never remembered any discussion about this. He read that this was added at the request of the North Carolina State Construction Office during their contract document review of the project. He said that this struck him as an unfunded mandate. Ken Redfoot from Corley Redfoot Zack said that State Construction reviews community college buildings, and when they reviewed the projects, this was one of their review comments. To satisfy the review comments, you have to address them in the affirmative. Commissioner Halkiotis asked what happens if the Board does not approve this and if it impacts anything and Ken Redfoot said that the State may be annoyed. Commissioner Foushee asked about the park and ride lot and there is a mention of reducing the number of spaces. Pam Jones said that these numbers will be forthcoming. Chair Jacobs would like to see the difference in costs between pavement and gravel. Commissioner Carey asked how long these bids would be kept alive and it was answered 90 days from June 29`h Commissioner Carey asked when they would know about the possible grant funding and Barbara Baker said that the proposals would be accepted in October. No college will have access to more than $1 million, and the money would be matched. I John Link said that when he talked with Dr. Phail Wynn, he indicated favorable receptivity to funding the smaller items from the original construction estimate. The Board could address one or two of the smaller items and then address the others through the grant process. Chair Jacobs said that, in some grant processes, if you fund something, you do not get reimbursed. He asked if, by committing to doing certain things, the County would be precluding getting reimbursed. Barbara Baker said that they are writing the rules now. Chair Jacobs asked her to communicate this question to Dr. Phail Wynn. Commissioner Carey said that if it would preclude them having access to the money, he would be hesitant about making a decision about any of these alternates. If he were to indicate moving forward, it would be for 3, 4, 6, and 7. Commissioner Gordon asked about the $5.5 million and the estimates of available funding. Pam Jones said that they were operating under a $6 million construction figure. There will be more specific numbers on August 31'. Commissioner Gordon said that it was a difficult situation to pick some items because there is not enough information on how much money is left from the original estimate. The Board agreed to wait until August 31't to make decisions on this item. Chair Jacobs suggested separating the park and ride lot from the energy efficient components because it confuses issues. Commissioner Carey asked if they could apply for grant funding for the park and ride lot and Barbara Baker said that the park and ride lot is to serve the government complex and downtown Hillsborough and the money is for the community college. Chair Jacobs asked if they had budgeted the $50,000 match for CMAQ and Pam Jones said yes. Commissioner Gordon asked about the number of spaces for the park and ride lot and Planning Director Craig Benedict answered that he would bring this information back on August 31 s` Ken Redfoot clarified that with the photovoltaic system, the power is fed back into the facility, which reduces the power that is required from the outside system into the building. Decision deferred until August 31 s` C. The Orchard — Preliminary Plan The Board was to consider the Preliminary Plan for The Orchard Subdivision. PULLED d. Westhampton — Preliminary Plan The Board considered the Preliminary Plan for Westhampton Subdivision. Planning Director Craig Benedict said that this is a 130-acre subdivision located in the Hatch Road area, north of Old Greensboro Road. The project would have 19 lots. The plan is a flexible development subdivision that requires at least 33% open space. The applicant is suggesting 41% open space, which would be about 50 acres. In review of the land along the southern portion of the site, it was discovered that the County has other dedications of public lands and, instead of using payment-in-lieu of land dedication, they are suggesting a 4.5-acre land dedication to the County. In order to access the dedications, they are suggesting a 20-foot wide access easement from the future public road down to the eventual public dedication. The land is within the rural buffer, which has a lower density zoning. There are adjacent developments that have smaller lot patterns. The majority of the adjacent lots are one to two acres. The average lot size of this subdivision is 3.5 acres. The roads would meet NCDOT standards and the water and sewer would be individual wells and septic systems. All of the sites are perked for at least five-bedroom houses. The Planning Board approved the preliminary plan with a change — deleting the public access easement to the dedication and waiting until all of the dedications are made to connect the entire corridor. He said that, in I discussions with the Manager and the County Attorney, they recommend adding back what the Planning Board asked to remove. Commissioner Gordon said that the part that she read about the reason the Planning Board wanted to delete the public access was because there may be another way to access. Craig Benedict said that there are some other dedications to the County that occur farther down, but he does not think it is complete. Commissioner Gordon made reference to a water concern and asked for a summary of this. Craig Benedict said that they asked the applicant to do a water resource sustainability report and a hydro-geologist determined that the lower density is sustainable and the results would not impact adjacent homeowners. Chair Jacobs noted that there was a meeting of the two department heads of ERCD and Health and the chairs of the respective boards, and they agreed to try and work together to come up with a proposal about the water resources position that will come back to the Board of County Commissioners. Chair Jacobs asked some clarifying questions that were answered by Craig Benedict. Chair Jacobs asked about maintaining the buffer in its natural state — page 7, #2 — and Geof Gledhill said that this could be covered in the restrictive covenants. Chair Jacobs asked about the relation between areas that are reserved for septic repair and the general covenants regarding open space and if there is any special disposition for the septic repair possibility. Geof Gledhill said that this open space could not be used for septic system repairs. Craig Benedict said that the primary repair areas would be within the lot. Chair Jacobs asked about the pros and cons of having a community well and Tom Heffner said that it would have cost more to have a community well in this case. Chair Jacobs made reference to page 37 and the Town of Carrboro's courtesy review comments. Regarding connectivity, he was curious about the space between the cul-de-sacs and he asked if there was a way to have a pedestrian to connect. Craig Benedict said that there have been no outright discussions about that. Chair Jacobs made reference to page 47 and the issue of people parking on Westhampton Way to access the trail. He asked if there could be a cut out on the road so that cars could pull off for access if it is County open space. Craig Benedict said that there is a 50- foot right-of-way there and there would be land on the side of the pavement. It was not anticipated that this would be a trailhead. Chair Jacobs made reference to Hatch Road and DOT's comments. He said that he thinks that they have an archaic way of doing road improvements in the State. He thinks that when there is a reasonable sized subdivision, the County should require a turn lane. He would like to see a discussion about having a right turn lane taper or a left turn lane going north. Commissioner Halkiotis said that this has been a hot button issue for many years regarding the public walking on people's property. He said that he does not want anyone walking in his backyard either. He made reference to page 47 where Brian Dobyns comments on a trail on Neville Road that has access through people's backyards. The Triangle Land Conservancy feels that this is an easement designed to protect natural areas and floodplains and is not for public use. He asked if all easements that the County has acquired are intended for public use or if they were intended to protect natural areas and floodplains. Craig Benedict said that they have not had the opportunity to make public dedications along natural areas. The majority of the easements in the County do not have public access. John Link said that he got a call from ERCD Director Dave Stancil, who said that their perspective is that the natural area needs to be dedicated as a natural area and he does not stress the public access aspect of this. Geof Gledhill said that one of the things that is driving public access is the fact that this land is being dedicated for open space and public recreation. I Chair Jacobs asked about Johnson's Mill and Tom Heffner explained that all of the trails are far away from people's houses. He said that the dedication in this case was requested for a public conservation purpose. Craig Benedict said that the JPA plan does mention greenways and the definition says that greenways have to do with public access and not just wildlife corridors. Commissioner Carey agreed that if this is going to be a dedication for recreation, then there should be access, but this is tight, and because of that, he can appreciate the concern of people walking through private property. Chair Jacobs suggested that there could be three different options on the table and he would like to see the alternatives listed in writing and justifications in writing by the developer and then brought back to the Board of County Commissioners. The developers said that they could withdraw the offer to give the four acres. This would be one of the options. Commissioner Gordon would like to have information on the option of payment-in-lieu, in addition to the other options. The Board agreed to get more information in writing and then make a decision. ft- ALL DEFERRED (1) NC Highway 57 Speedway Area Small Area Plan Task Force Appointments The Board was to consider appointing interested individuals to the NC Highway 57 Speedway Area Small Area Plan Task Force. (2) Orange County Board of Adjustment— New Appointments The Board was to consider making appointments to the Orange County Board of Adjustment. (3) Adult Care Home Community Advisory Committee — New Appointments The Board was to consider making appointments to the Adult Care Home Community Advisory Committee. (4) Animal Services Advisory Board — New Appointments The Board was to consider making one new appointment to the Animal Services Advisory Board. (5) Economic Development Commission — New Appointments The Board was to consider making appointments to the Economic Development Commission. (6) Efland-Mebane SAP Implementation Task Force—Appointments The Board was to consider making appointments to the Economic Development Commission. (7) Commission for the Environment— New Appointments The Board was to consider making appointments to the Commission for the Environment. (8) Human Relations Commission — New Appointments The Board was to consider making appointments to the Human Relations Commission. (9) Rural Transportation Advisory Board- BOCC Appointment The Board was to consider making one appointment to the Rural Transportation Advisory Board. (10) Sportsplex Community Advisory Committee — Initial Appointments The Board was to consider making initial appointments to the Sportsplex Community Advisory Committee. (11) Commission for Women — New Appointments The Board was to consider making appointments to the Commission for Women. 10. Reports- NONE 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn the meeting at 10:37 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 10:00 AM, Thursday, August 17, 2006 Lake Orange • Water level is 8.5" below full (dropping at less than 0.5" per day for the time being). • Water storage capacity remaining is 91.5% (435 million gallons) • Approximately 131 days of water supply remaining (at Capacity Use specified release rate) • Current Eno River flow at the Hillsborough gage is averaging approximately 3.0 cfs (1.94 million gallons per day). • Eno flow levels are currently well below historical median flows (approximately 10 cfs) and have been for the last two weeks. Controlled releases for instream flow from both the Lake Orange and West Fork reservoirs are maintaining streamflow at the current level. • Eno River Capacity Use Restrictions at Stage 1 have been in effect since August 5, 2006. West Fork Reservoir • Water level is at 2.5" below full • Water storage capacity remaining is 99.3% • Approximately one year of water supply remaining (assuming Town's current daily demand and releases for streamflow augmentation) OWASA Reservoirs • Water level at Cane Creek Reservoir is 11.0" below full • Water level at University Lake is 16.5" below full • Total remaining water storage capacity is approximately 93.6% • Approximately 300 days of water supply remaining (at current 7-day average daily demand[10.2 million gallons per day]) National Weather Service/NOAA Regional Precipitation data (inches above r+1 or below r-1 normal RDU Piedmont-Triad -6.34"for 2005 -9.94"for 2005 -1.29" since January 1, 2006 +1.80" since January 1, 2006 +5.34" since June 1, 2006 +9.64" since June 1, 2006 Miscellaneous notes The NC Drought Management Advisory Council drought map, updated August 8`h, no longer shows any portion of Orange County to be affected by any drought or even "abnormally dry" condition.