HomeMy WebLinkAboutMinutes - 20061003
APPROVED 11/14/2006
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
October 3, 2006
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, October
3, 2006 at 7:00 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: Interim County Manager Rod Visser, Assistant County
Manager 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.
Chair Jacobs called the meeting to order at 7:05 p.m. The two candidates for Orange
County Manager spoke before the regular meeting. He thanked everyone from the public that
came to the reception to meet the two candidates.
Laura Blackmon is from Osceola County, Florida and has been the Deputy and Assistant
County Manager. She went to the University of Florida where she received a bachelor's and
master's degree in Public Administration. She was then a public school teacher for seven
years. She moved from public teaching into public administration. She was with the City of
Kissimmee for 15 years. She has experience with all aspects of county government. Some of
her current projects include completely automating agendas, historic preservation, strategic
planning, activity in professional organizations, and professional management. She believes in
open communication in government and she is proactive and dedicated to being a public
servant.
Mike Nelson asked her to talk about going from teaching to public administration. Laura
Blackmon said that it was more her professional development. She was very involved in
student government as a teacher and she really enjoyed this aspect.
Tom Robinson from Rockingham County introduced his wife. They have three grown
children. He has two degrees from Georgia Tech - an undergraduate degree in Industrial
Management and a graduate degree in City and Regional Planning. He never intended to
become a city manager, but was going to pursue real estate development. When he was in
Cabarrus County, he was sent to UNC's Institute of Government to the County Administration
course. After that experience, he realized that he liked county management. He gave some
history of his management experience. He said that he has been impressed with the Board of
County Commissioners' commitment to education and its willingness to champion diversity and
openness. He said that he is noted for being a visionary and extremely creative. He also has
very strong managerial skills and is good with budgeting.
Mike Nelson asked Tom Robinson about his vision about how to better use technology
in Orange County in rural parts of the County and in County government. Tom Robinson said
that first, the County will need cellular coverage. In Rockingham County, a Homeland Security
grant was secured for $2.$ million to build three 390-foot towers across the county and a fourth
tower is being built in the county seat. There will be co-locations on the emergency towers for
all of the 8QQ-megahertz communication as well as gearing up for Y-max. He said that making
technology accessible is extremely important for bringing in entrepreneurs to the area.
Mr. Schmitt asked about his view on public libraries and how they are a direct adjunct
piece to education. Tom Robinson said that the libraries could be sources for adult learning
because there is no community college yet. In Rockingham County, there are five branch
libraries and Rockingham County is number five in the State for per capita funding.
Mr. Montgomery asked Tom Robinson if he was in Rockingham County when American
Tobacco and Fieldcrest left and Tom Robinson said that he was not there, but it devastated the
area and it has not recovered. This was one of the reasons that he was brought into
Rockingham County, because he has a strong background in planning and in economic
development.
Mr. Peters asked far a recap of the candidates' municipal history, and each candidate
did this.
1. Additions or Changes to the Agenda
Chair Jacobs went through the documents at the County Commissioners' places.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not an the Printed Agenda
Mark Peters asked for a timeline on the manager's search and Chair Jacobs said that
the Board of County Commissioners would meet on October 5`" and then decide if more needs
to be done regarding the candidates. If not, then they will enter into negotiations and then a
public announcement.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.}
3. Board Comments
Commissioner Carey said that the NC 57 Small Area Planning Group met last night and
is moving along fine.
Commissioner Carey made reference to an item in the packet about the Upper Neuse
River Basin Association Falls Lake Nutrient Management Strategies stakeholder process, and
that the association has applied for and received $51,QQQ to support this process. The planning
group is asking Orange County and other partners to contribute. Orange County's share would
be $3,835. The request is for Orange County to contribute $1,915 this fiscal year and the other
half next fiscal year. He wants to ask the Board if it is willing to contribute this money.
Commissioner Foushee asked if it is possible to have a presentation from the
association before making a decision and the Board agreed.
Commissioner Halkiotis made reference to a report at budget time regarding the amount
of money spent in overtime. He thinks the figure was $SQQ,000. He asked if this was done with
all County employees. He asked if anyone was working over 4Q hours and not getting paid
overtime. He would like a report on this. He wants to make sure that all County employees are
being treated the same.
Commissioner Halkiotis said that he read in the Herald Sun about the Chapel Hill
Training and Outreach program that has been functioning at the Hillsborough Elementary
School site far a few years. These are medically fragile, preschool aged children. He thinks
that the Chapel Hill Training and Outreach moved in to be the service provider when the mental
health reorganization started taking place. He is concerned about the ramifications of this
decision to move them out of the school.
Commissioner Halkiatis said that he represented the Board of County Commissioners at
the Sheriffs' commendation ceremony as well as the ceremony for the SROs that the Sheriff's
office funds. He said that safety at schools is important and it is money well spent. He hopes
that the County Commissioners always support SROs at the schools.
Commissioner Halkiotis said that two and a half weeks ago he spoke of the dump truck
blocking the sidewalk at the Southern Human Services Center. He thanked Purchasing and
Central Services Director Pam Jones for working with the construction company in getting this
truck moved. He said that the dump truck has been replaced with two private vehicles -one car
fully blacking the sidewalk and another truck halfway an the sidewalk. He said that this is
complete disrespect for pedestrians. He is concerned about safety issues there and he wants
the Manager and staff to talk with the construction company about this issue.
Commissioner Foushee - no comment.
Commissioner Gordan said that the TTA Board has hired an Interim General Manager -
David King.
Commissioner Gordon reported that she attended the Orange Unified Transportation
Board meeting. Chuck Edwards from DOT was there and explained different sources of money
from the district and the division.
Also, last night, the various Recreation and Parks boards met in the Carrboro Century
Center and broke out into focus groups to discuss various topics like community use of school
facilities. The information will be compiled and made available to everyone.
Chair Jacobs agreed with Commissioner Halkiotis about treating employees the same
and not taking advantage of people. He thinks that the Board supports getting a full report as
soon as possible.
Chair Jacobs thanked John Howe, Orange County's DOT Engineer, because DOT had
paved US 70 and it flooded in one area and he met with concerned citizens.
Chair Jacobs said that at the NC 57 meeting, they are working on an EDD plan at the
OrangelDurham County Line and also with the Efland/Mebane Work Group. The NC 57 group
was talking about the DurhamlPersonlOrange County line and they talked about creating
entranceway standards. He suggested that all groups keep this in mind.
Chair Jacobs said that the Hillsborough Historic District Commission would meet in
November to consider the full formal presentation of the County's courthouse expansion plan.
This is the last step before it goes to the Hillsborough Board of Commissioners. Should this go
well, there would be a chance in November far the Board to look at the plans one more time and
then have it go out to bid so that construction could potentially start in late January.
Chair Jacobs said that he represented the Board of County Commissioners an a trip
sponsored by the Chapel Hill/Carrboro Chamber of Commerce to Madison, Wisconsin. He
brought back information in reference to sustainability and green building standards. He said
that one of the things he wished Orange County had was the authority to create a 5tormwater
Management Authority.
Chair Jacobs said that the County Commissioners asked for an update on the progress
of the two senior centers and there is a handout with this information. This will be pasted in the
two senior centers. The estimated completion date for Seymour Center is March 22, 2007. The
lease at The Galleria for the senior center in Chapel Hill has another month to go beyond that.
The Board is looking at getting a presentation in November on the construction manager at risk
contract for the Central Orange Senior Center. The projected completion of that project,
including an addition of the mezzanine in the Spartsplex, would be early 2008.
Chair Jacobs said that he asked Budget Director Donna Coffey and Rod Visser to
provide information about the schools' debt capacity because someone raised the issue after
the joint meeting of the BOCC and the School Boards that all of the debt capacity was going to
be committed and that there would be no funds available for capital projects. This is not true,
and this is to be fleshed out in a handout and shared with the school boards.
4. County Manager's Report
Rod Visser said that staff would have an item on the October 17th agenda related to the
overall energy conservation efforts. He said that he, ERCD Director Dave Stancil, and Health
Director Rosemary Summers met with Andy Sachs of the Dispute Settlement Center and talked
about a suggested process for the two boards on the water resources issues. The plan is to
have a joint meeting of the ERCD and Health boards in late October or early November.
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 from June 27, August 22, 28, and 31, 2QQ6 meetings as
submitted by the Clerk to the Board.
b. Appointments -None
c. Property Tax Releases
The Board adopted a resolution, which is incorporated by reference, to release property values
related to seven (7) requests for property tax releases in accordance with N.C. General Statute
1 Q5-381.
d. Property Value Chances
The Board adopted a resolution, which is incorporated by reference, approving value changes
made in property values after the 2QQ6 Board of Equalization and Review has adjourned.
e. Employee Health Insurance for 2407
This item was removed and placed at the end of the consent agenda for separate consideration.
f. Employee Dental Insurance for 2447
The Board approved the dental insurance rates effective January 1, 2QQ7 and authorized the
Personnel Director to sign the contract with Delta Dental for Plan administrative services.
g_ Petition for Addition of Subdivision Roads to the State Maintained System
The Board received the Petitions for Addition for Ezekiel Peppers Trail and Jubilee Drive and
recommended that the NCDOT add those subdivision roads to the State Maintained System.
h. Budget Amendment #3
The Board approved budget and grant project ordinance amendments for fiscal year 20Q6-Q7
for Board of Elections, Library Services, Solid WastelLandfill Enterprise Fund, Department on
Aging, Health Department, Non-Departmental, and Sheriff's Department.
i. Bid Award: Eighteen Gallon Recyclina Bins for Solid Waste
The Board awarding a bid to SCL A-1 Plastics of Brampton, Ontario Canada for a total of $215,
468 ($6.49Ibin) for 19,5Q0 blue 18 gallon recycling bins and 13, 7Q0 orange 18 gallon recycling
bins; and authorized the Purchasing Director to execute the necessary paperwork.
L Authorization to Develop Appendix to Lands Lecacy Program Document
The Board authorized ERCD staff to compile the needed information and draft an appendix to
the Lands Legacy Program Document, to be reviewed by the advisory boards listed and
presented to the BOCC for consideration in early 2QQ7.
k. Central Recreation Restroom Up Fits Design
The Board exempted this project from the qualification-based selection process for architect
services as allowed by GG 143-64.32 and approved a contract with Reece Noland McElrath in
the amount of $17,800 for design services for the upfit of the four existing restrooms located in
the Central Recreation building; and authorized the Purchasing Director to execute paperwork
as may be required.
I. Authorization to Purchase WebEOC Utilizing Existing Grant Funds
The Board authorized the expenditure of the grant funds in the manner specified; and
authorized the Manager to sign the grant documents; and authorized the Purchasing Director to
sign additional paperwork as may be needed in the transaction.
m. Authorization to Allocate $80,000 to Support Operational Transition of Club Nova
Community, Inc. Under Mental Health Reform
The Board authorized the release of $80,000 from the Critical Needs Reserve for Human
Services to further support the first year of independent Clubhouse operations under Club Nova
Community, Inc.
n. The Orchard Subdivisian Review Referral
The Board approved a resolution, which is incorporated by reference, referring The Orchard
Subdivisian back to the Planning Board for further review.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
e. Employee Health Insurance for 2007
The Board considered renewal of employee health insurance plans through the North
Carolina Association of County Commissioners (NCACC} Health Insurance Trust effective
January 1, 2007.
Chair Jacobs said that there was conversation at chairlvice chair agenda review about
employees' concerns about higher deductibles and the timeframe for open enrollment. The
Employee Consortium would like an opportunity to comment on the coverage.
Personnel Director Tyrone Jackson said that the open enrollment is based on the time in
which there is to implement for payroll. The information is sent out on October 13th and on
November 3rd the open enrollment period ends. From November 6-17, information is collected.
Chair Jacobs asked about employee satisfaction with Cigna and Tyrone Jackson said
that there were some transition problems and with the cards themselves and the pharmacy
providers. The next major issue was the $250 deductible. The employees had forgotten that
the $250 deductible was not a result of the transition to Cigna. The final issue that employees
had was with the vision benefit. The issue was resolved with Cigna and an email was sent out
to all employees regarding the process. He said that the staff has greatly reduced the number
of concerns of employees.
Chair Jacobs asked about the issue of no recommendation to reduce the deductible with
the savings they will have this year.
Rod Visser said that there was a brainstorm about the potential savings and the various
uses far this money. He said that they want to move an this to get this renewal in place in a
timely manner.
Commissioner Halkiotis asked about opting out of a deductible and it was answered that
eliminating the $250 deductible would result in an additional 4°~ added to the original renewal
quote of 1.9°~. Commissioner Halkiotis said that a $250 deductible is highly acceptable
elsewhere.
The Board agreed to look at ways that the savings can help employees.
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
approve renewal of employee health insurance plans with the NCACC Health Insurance Trust
continuing the current health plans. The effective date far the renewal will be January 1, 2007.
The motion was also to adapt the health insurance rates for coverage effective January 1, 2007,
including continuing the dependent subsidy at 52°~.
VOTE: UNANIMOUS
6. Resolutions or Proclamations
a. Resolutions Regarding Shearon Harris Fire Safety and Emergency
Evacuation Issues
The Board considered two resolutions related to safety issues at the Shearon Harris
Nuclear Power Plant.
County Engineer Paul Thames went through the changes in the abstract. He said that
at the recent Assembly of Governments meeting, there was a discussion dealing with Orange
County's longstanding concerns related to evacuation and lack of planning in the 50-mile
pathway around the Shearon Harris Nuclear Power Plant and the need to have some
coordination for this. It was agreed that a resolution would be brought forward. There was also
information provided at the AOG meeting about a recent emergency petition by NCWARN and
other groups, asking the Nuclear Regulatory Commission to compel Progress Energy to bring
Shearon Harris up to existing federal fire regulations. NCWARN provided a resolution, and this
was rewritten (page 3}.
Paul Thames read the titles of both resolutions.
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution
In Support of an Emergency Petition to the US Nuclear Regulatory Commission by the
NC Waste Awareness and Reduction Network, the Union of Concerned Scientists,
the Nuclear Information and Research Service, NC Fair Share and Students United
for a Responsible Global Environment Seeking Regulatory Action by the
Commission to Enforce Existing Fire Protection Standards and Regulations
Applicable to the Shearon Harris Nuclear Power Plant
WHEREAS, the Orange County Board of Commissioners has a long and well-established
practice of advocating for any and all activities that would promote the public
health, safety and welfare, particularly in regard to feasible threats to that health,
safety and welfare; and
WHEREAS, approximately 50 percent of the risks of catastrophic nuclear plant failure are
associated with fire-related accidents, as calculated by the Nuclear Regulatory
Commission; and
WHEREAS, the Orange County Board of Commissioners also have a long and well-established
record of concern regarding security and safety issues at the Shearon Harris
nuclear power plant, related to the potential magnitude and catastrophic
consequences of a nuclear power plant fire leading to an airborne release of
nuclear waste materials; and
WHEREAS, information has recently been presented to the Board of County Commissioners as
to ongoing problems with fire safety and fire protection practices at the Shearon
Harris nuclear power plant; and
WHEREAS, Progress Energy/CP&L has indicated that it will apply to the NRG far permission
to take up to nine more years to bring the Shearon Harris nuclear power plant into
compliance with fire safety standards and regulations; and
WHEREAS, Progress EnergylCP&L has indicated that it will apply to the NRC for atwenty-
yearextension of its operating license far the Shearon Harris plant while the plant
is not in compliance with existing fire safety standards and regulations; and
WHEREAS, Progress EnergylCP&L has indicated that it is in the process of evaluation of
permitting, designing and constructing two nuclear power reactors at the Shearon
Harris nuclear power plant while the existing plant is not in compliance with
existing fire safety standards and regulations;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby resolve to
support the petition of the NC Waste Awareness and Reduction Network, the Union of
Concerned Scientists, the Nuclear Information and Research Service, NC Fair Share and
Students United for a Responsible Global Environment to the US Nuclear Regulatory
Commission asking that the NRC compel Progress Energy/CP&L to immediately bring the
Shearon Harris nuclear power plant into compliance with existing federal fire safety standards
and regulations applicable to nuclear power plants.
This, the 3rd day of October, 2006
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution
Calling for Coordinated Emergency Management and Evacuation Planning Within the 50-
Mile Radius Ingestion Pathway for Potential Discharge of Airborne Nuclear Waste
Material from the Shearon Harris Nuclear Power Plant
WHEREAS, the Orange County Board of Commissioners has a long and well-established
practice of advocating for any and all activities that would promote the public
health, safety and welfare, particularly in regard to feasible threats to that health,
safety and welfare; and
WHEREAS, the Orange County Board of Commissioners has a long and well-established
record of concern and activism related to the potential magnitude and catastrophic
consequences of an airborne release of nuclear waste materials from the Shearon
Harris nuclear power plant; and
WHEREAS, information developed within the least eight years has demonstrated the
vulnerability of spent nuclear fuel to combustion with ensuing airborne release and
dispersion of extremely harmful and dangerous nuclear waste material as a
consequence of accident or sabotage/ terrorism; and
WHEREAS, there exists an area of a ten-mile radius around the Shearon Harris nuclear power
plant for which there are in place emergency management and evacuation plans
of debatable efficacy in case of a catastrophic accident and airborne release of
nuclear waste material from the plant; and
WHEREAS, an airborne release of nuclear material may stem from an uncontrollable event of
several days or greater duration that would affect at least all of the fifty-mile radius
ingestion pathway area; and
WHEREAS, the fifty-mile radius ingestion pathway around the Shearon Harris plant contains
approximately two million persons, the state capital, Fort Bragg, the Research
Triangle, four major universities and a number of smaller universities, hundreds of
public and private schools, thousands of businesses, dozens of local government
jurisdictions; millions of pets, and a rich natural environment; and
WHEREAS, there is no coordinated emergency management and evacuation planning for the
portion of the ingestion pathway beyond the area defined by the ten-mile radius
around Shearon Harris; and
WHEREAS, fairly recent ice and snow storm events of a far less catastrophic level of severity
have proven capable of reducing Research Triangle area traffic to a state of
extended gridlock; and
WHEREAS, orderly or effective evacuation of the fifty-mile radius ingestion pathway under
current emergency management and evacuation planning and coordination
conditions would be fraught with difficulties, if not impossible; and
WHEREAS, protection of public health, safety and welfare in regard to the atmospheric release
of nuclear waste material is a responsibility that must be shared by Progress
EnergylCP&L; local law enforcement and emergency management/ response
agencies and others; the NC Utilities Commission, Department of Crime Control &
Public Safety and others; and the US Department of Homeland Security,
Environmental Protection Agency and others; as well as the public;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby resolve to
request and recommend that Progress Energy/CP&L; the NC Utilities Commission, Department
of Crime Control & Public Safety and others; and the US Department of Homeland Security,
Environmental Protection Agency work with the appropriate local, state and federal government
transportation planning, law enforcement and emergency managementlresponse agencies and
personnel to develop and coordinate emergency management, response and evacuation plans
for the entire fifty-mile radius surrounding its Shearon Harris nuclear power plant.
This, the 3rd day of October, 2006
PUBLIC COMMENT:
Joyce Brown is a resident of Chapel Hill and a native of Hillsborough. She said that it is
essential that the power plant be the safest possible. She urged the Board to support the
NCWARN resolution. She said that the NRC needs to hear from locally elected officials that
they are concerned about the safety of nuclear power plants.
Jim Warren, Executive Director of NCWARN, said that the Shearon Harris plant has
been in violation of federal fire regulations for 14 years. Shearon Harris ranks worst in the
United States in two fire safety categories. He said that the primary concern is that Progress
Energy has left these vulnerabilities uncorrected far so long because it is a business decision.
He said that Progress Energy seeks to silence open and honest debate. He said that he
believes now is the time for public officials to step beyond this influence. NCWARN filed a
memo to local and state officials correcting some of the misleading statements made by
Progress Energy since September 20t". The County Commissioners received a copy of this
memo. He said that NCWARN's technical experts are out in the open and willing to talk and
answer questions in a professional and honest manner. They are urging elected officials not
defer to Progress Energy in this situation. They believe that Shearon Harris is one of the most
dangerous plants in the nation.
Andy Silver lives in Cary, his wife and children live in Hillsborough, and he said that the
chance of a fire at a nuclear plant is significant. He said that all citizens within a 200-mile radius
of Shearon Harris have a right to expect that Progress Energy would make safety its highest
priority in operating nuclear plants. He said that it is clear that it is not Progress Energy's
highest priority. He said that far 14 years Progress Energy has procrastinated, lobbied to lift
safety requirements, and refused to engage in direct and honest dialogue with leading scientific
experts. He said that, given this, he wonders what its motive is. He said that the public ought to
know what the price is that is too high for Progress Energy to pay to implement fire safety
measures. He said that it behooves everyone to support these resolutions.
Marty Clayton, Community Relations Manager far Progress Energy, said that he was
speaking an behalf of all employees of Shearon Harris and the management team. He said that
Shearon Harris was meeting the fire safety standards and are aggressively spending funds to
address the fire safety standard issues. He said that, before the Board decides on these
resolutions, he wants to offer to the Board of County Commissioners the opportunity to visit the
plant and meet with the employees and management team to get answers to any questions.
Chair Jacobs said that the governments in Orange County have talked about creating a
forum at which Progress Energy would came and discuss the issues. He said that in the past
the Board could never get Progress Energy to agree to any kind of public forum like this. He
asked Marty Clayton to help make this happen. Marty Clayton said that he would da what he
could to make this happen.
Chair Jacobs said that the forum should be moderated so that Progress Energy is given
an equal footing and equal opportunity to speak.
Commissioner Carey asked for clarification on Marty Clayton's statement that Progress
Energy is meeting the fire safety standards. Marty Clayton said that Progress Energy is
meeting the NRC regulations in terms of fire prevention, fire detection and suppression, and fire
barriers. In addition, Progress Energy is investing the funds to come up to the standards. While
the standards are being met, compensatory measures are being put in place. He introduced
Troy Maness, Supervisor of the Fire Protection Team.
Troy Maness said that Progress Energy has a defensive, in-depth approach to fire
protection. The first tier is fire prevention that deals with education and training. There is also
fire detection and suppression, which involves automatic suppression with sprinklers throughout
the plant, automatic smoke detection and thermal detectors throughout the plant. There are
also fire barriers, which involve concrete walls and fire blankets to wrap the protective cables.
He said that the plant has no transit combustibles and the hot work is very controlled. He
invited the Board to tour the plant.
Commissioner Carey asked again if Progress Energy was out of compliance and it was
answered that they are not out of compliance.
Commissioner Gordon said that this seems to have been a longstanding issue of 14
years. She assumes that there is periodic written documentation from the NRC about
compliance. She asked if the Board could receive this.
Troy Maness said that currently there are no unresolved issues. In 2002, there was an
inspection and there were some deficiencies that have been resolved.
Commissioner Gordon asked about the compensatory actions. Tray Maness said that
there is 24-hour employee coverage to make sure that there are no fires.
Commissioner Gordon asked about the schedule of documents and Marty Clayton said
that he would follow upon this and let the Chair know what he can provide.
Commissioner Gordan said that the first resolution is a serious concern and the second
resolution is bringing an evacuation plan for the nuclear plant.
Chair Jacobs allowed Jim Warren to make another comment. Jim Warren said that he
would like to enter a letter into the record to the CEO of Progress Energy, Robert McGee. He
said that the NRG has allowed these plants to operate for years in violation by employing what
the NRC calls its "enforcement discretion". He said that this is the subject of the legal action
against the NRC. The letter cites five different documents, four of them from Progress Energy,
confirming that they intend to restore compliance. He rebutted the statement that Progress
Energy is in compliance. He said that if Progress Energy were in compliance, then millions of
dollars would not have to be spent to upgrade the standards. He gave the letter to the Clerk.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Faushee
to adopt both resolutions.
VOTE: UNANIMOUS
Chair Jacobs said that he received a communication from the Mayor of Chapel Hill,
who said that Chapel Hill would be happy to take the lead in developing a public forum for the
citizens of Orange County regarding these issues. Mayor Chilton suggested that NCWARN and
Progress Energy be allowed to make a presentation.
Commissioner Foushee suggested a town hall meeting format and the Board agreed.
7. Special Presentations
a. Orange County Arts Grant Recipients
The Board presented checks to local artists and arts organizations receiving Spring,
2006 Orange County Arts Grants.
Geoffrey Hathaway said that these funds are through State grants and there is no
financial impact on Orange County.
Commissioner Halkiotis presented the checks.
A.L. Stanback Middle School -
ArtsCenter -
Arts Advocates, Inc. -
Cameron Park Elementary School -
Carrboro Elementary School -
Carrboro, Town oflCarrbaro Arts Committee -
Carrboro, Town of/Carrboro Music Festival -
Chapel Hill Community Chorus -
Chapel Hill Public Arts Commission -
Deep Dish Theater -
Friends of the Carrboro Branch Library -
Janice Wereszczak
Sarah Dougherty
Mary Harley Kruter
Yvonne Wahlers
not available tonight
Jackie Helvey Hayes
Kim Andrews
Pat Brooks
Lowell Roberts
Jeri Lynn Schulke
Nerys Levy & Jake Lehrer
Grady A. Brown Elementary School - Janice Wereszczak
Hidden Voices - not available tonight
Barbara Higgins - not available tonight
Hillsborough Elementary Schaal PTA - Cathleen Turner
Glenwood Elementary School - not available tonight
Cornelia Kip Lee - Cornelia Kip Lee
NC Arts in Action - Lisa Kang & Shirley Berger
NC Writers' Network - Virginia Freedman
Orange County Artists Guild - Mary Harley Kruter
Orange County Historical Museum - Linda Schmitt
PlayMakers Repertory Company - Stacy Payne
Adam Sobsey - not available tonight
Jill Snyder - Jill Snyder
Susan Wells - Susan Wells
8. Public Hearings
a. Piedmont Electric Membership Corporation [PEMC} Planned Development fPD-
OI} and Special Use Permit, Class A
The Board held a public hearing to hear public testimony regarding the PEMC request to
amend its Planned Development -Office/Institution (PD-OI) zoning district and its Class A
Special Use Permit to permit the principal use of a 350-foot replacement tower at its
administrative and operations center located at 2500 NC Highway 86 South, Hillsborough.
Planning Director Craig Benedict introduced this item. This is a 34-acre site that is home
to Piedmont Electric and the request is to replace the present tower with a 320-foot tower with a
30-foot extension antenna. The process is a two-part process. The first is a planned
development rezoning modification, which is a legislative process. The second part is a special
use permit, which is aquasi-judicial process. This will include swearing in people that will be
providing testimony. These meetings are not usually held at regular County Commissioners'
meetings, but since this will serve some public safety purposes, the process will be expedited.
The higher amount of the tower would permit for co-location opportunities by other providers.
He made reference to page 65 of the abstract and bird migration patterns. The staff certifies
that the material has been advertised appropriately in accordance with Article 20, Section 6.3,
and notices to property owners that are adjacent and within a radius of the site have been sent
out. Over 200 notices have been sent out and there have been approximately five inquiries.
There is also technical data supporting this application. The process is for the Chair of the
Planning Board to jointly chair this part of the meeting.
The remainder of this item was transcribed verbatim.
Jay Bryan: Thank you, Mr. Benedict, I appreciate that. I'm Jay Bryan, I'm Chair of the
Planning Board, and we have members of the Planning Board sitting here to my left, to your
right. I welcome all of you tonight far this public hearing. Who is here on behalf of the
applicant? State your name please far the record.
Robin Blanton: Good evening, I'm Robin Blanton with Piedmont EMC, and as you are
aware, we have submitted an application to construct a 350-foot tower, and that would be the
top of the antenna height on the tower.
Geaf Gledhill: Excuse me. I think that the testimony that this witness is likely to be
next as to the legislative and the special use permit. I think you have to swear in and let him
start over again.
At this time, the Clerk swore in all speakers to this item.
Robin Blanton: Again, I'm Robin Blanton with Piedmont EMC, and we have submitted
an application to construct a 350-foot tower at our property on 2500 Highway 86 South. The
reason we want to construct a taller tower is to improve our radio communication in our service
territory. We have certain areas with our present radio system that we don't have good
coverage, and this tower is part of the three towers within our service territory. There is one
here in Hillsborough, we also have a tower that we are wanting to construct in Caswell County
along Highway 62, and then another tower in Person County on Highway 158. This will greatly
improve our radio communications in our entire service territory. What it will also allow us to do
is to have three towers, and we have to have a trump system, so we have to have all three
towers tied together. When we are in one area of the system, I can talk to someone in another
area of the system just like we're side by side. What it does also is allow us to da data transfer
between our three offices that we have in our service territory. At this point, if you have any
questions, I'm willing to answer them, or if you want me to talk more about the technology, I'll go
into that.
Jay Bryan: Are there any questions from the Commissioners? 1ltone. Are there any
questions from the Planning Board?
Robin Blanton: The tower is 320 feet and then there will be a 30-foot high antenna on
top of the tower so that it brings up to a 350-foot height.
Judith Wegner: Could you speak to the issue of the migratory birds, and if this is
appropriate, and also about any adverse affects on people living nearby.
Robin Blanton: We have looked at migratory birds patterns in this area, and from what
we have found and also from the County staff, we haven't found any migratory bird patterns that
would be affected by this. With our current tower, we have not seen any amount of birds under
that existing tower. It is another 200 feet high.
Judith Wegner: From what I understand from the materials, that by having a white
rather than a red light, that makes a difference in terms of the birds.
Rabin Blanton: The prevailing philosophy right now is with the white lights on tap of the
towers, birds are less mesmerized by the flashing white light than they are the red light. We are
trying to do that. One thing that would help with this tower is, it is aself-supporting tower, so
there will be no guide wires coming down from it, which are much more difficult to see. This
should also help with the migratory bird patterns.
Judith Wegner: Are there any adverse affects on the people living within the radius.
Your materials talk about trying to shield visibility and things of that sort, but are there any other
ways in which the emissions or the electronic transactions will make a difference.
Robin Blanton: We will continue....what we are doing is we are using basically the
same frequencies that we have for our current radio system, which is the 150 megahertz range.
There have been no studies suggesting that there are adverse health affects in those
frequencies.
Judith Wegner: And people who live further away, since it's a larger height, will this
affect them?
Robin Blanton: One of the things that we are able to do by having three towers up is to
minimize the adverse health affect, because it is a weaker signal. But because we have three
towers, we get better coverage instead of running off one tower.
Jay Bryan: Any other questions by the Planning Board? Thank you sir.
Commissioner Carey: I was looking at the balloon tether report, and I was looking for
some substance in it, but I saw one of these pictures. Tell me did you hear anything from
anybody about the balloon tether test and what is the objective of the balloon tether test.
Robin Blanton: The reason for the balloon test is to allow people to see how tall the
tower is supposed to be. We sent out letters to the public, I want to say it's within a 500-foot
radius of our property, announcing the date of the test, so that people would be aware of when
the test was done. Piedmont did not get any adverse comments on the balloon test. We had, I
want to say either two or three calls just asking what we were doing, but no one that I'm aware
of called up and was opposed to the tower.
Commissioner Halkiatis: For future reference, the pictures were basically useless in
my opinion. And that's coming from a grumpy, old County Commissioner. We had some clear
pictures when we had this same balloon test done at the Inn at Bingham years ago. I would
suggest in the future we spend a little more money and get some color photographs. I
happened to be driving the morning of the test, and the differene I saw was the fact that if you're
coming down 86 South heading towards the Piedmont office building, you're actually going to
see a tower, where now you don't. For a minute there, I thought that it was a used car
dealership that had opened up and I didn't know about it, because they're the ones that usually
fly these balloons. But I didn't see it as being onerous. The issue was that the pictures, if you
have to put an arrow on a black and white picture showing a black speck as being a balloon
amidst a bunch of other specks, that's not a good pictorial representation of the issue. I just
wanted to say once again about Piedmont, unlike some other utility companies I have had to
serve with some in the past, Piedmont repairs their lights when the weather is still rather nasty
and foul, as evidenced out in my neck of the woods awhile back, a storm hadn't abated, and
your people were already out there getting the service back on. So I appreciate that. I would
find it difficult to vote against you guys because you're almost like an apple a day. I have no
difficulty voting against Progress Energy. You, I respect, they, I don't.
Michelle Kempinski: I heard Craig Benedict mention that there was the potential for
co-location for other service providers. Is that a possibility for this tower, or this completely a
private tower?
Robin Blanton: No ma'am, the tower was constructed to allow co-location, because
that's one of the things that Piedmont was hoping to do and if a cell phone company wants to
locate on the tower, that's a source of revenue for Piedmont. So, it will be allowed and
encouraged.
Michelle Kempinski: So the only known co-location is this location now?
Robin Blanton: The Highway Patrol is actively pursuing ca-locations on local towers
throughout the State for their 800 megahertz radio system to improve radio communication of
emergency personnel.
Jay Bryan: Thank you, sir. Is there anyone else on behalf of Piedmont Electric that
wants to speak? 1Vone. Is there a further presentation from the staff?
Craig Benedict: If there's anybody that has signed up in agreement or against it, they
can speak at this time.
Jay Bryan: Is there anyone from the public who wishes to address this item, the tower
far Piedmont Electric?
Commissioner Gordon: I just want to reinforce the comment about the balloon test. It
isn't really just the report that I am concerned with, which for me is hard to fathom, but the time
of day of the test. I'm not saying that Piedmont Electric didn't comply, but our rules should be
amended so that there's more publicity, in order for people to know that this is going to happen
so that they can be aware of it and look at it. My recollection is that this was the middle of the
day; as Commissioner Halkiotis said, he thought it was something else, a car dealership. Haw
is the public supposed to know any different? We need to look at our rules and regulations for
those and figure out a better way so people are alert to what's going on. I predict that when this
tower is built that people will say, "Wow, that's really tall, and why didn't I knave about this," and
all that. I'm not saying that Piedmont didn't comply, I am just saying that we need to revisit our
regulations to make sure that people are aware of what's happening. I remember when we
were talking about the Board of Adjustment having to deal with these issues, we were talking at
one time about providing a consultant or somebody else who could look into these issues
before going to the public. And I seem to think that that would be true of the Commissioners
too. We need to assist the public a little bit more in trying to understand what's happening, and
somebody knowledgeable that they can go to that will inform them of these technical aspects.
Commissioner Carey: I thought we would increase the pace if we could hire a
consultant to represent and ask questions.
Craig Benedict: We have a representative of the County here tonight, the Center far
Municipal Solutions, Mr. Rusty Monroe, is part of that process that the Board suggested a few
years ago. The fees from the Piedmont tower were partially given to pay for the consultant and
one of the criteria we have is that this is one of the only engineering solutions to locating the
tower. We have used the expertise of the Center far Municipal Solutions and their memo is in
the file here, on page 142-144 that says that it meets the standards of our land development
code. So we do have that type of expertise. We are further in the Telecommunications Master
Plan effort and we may use the same consultant with other monies that have been budgeted
this year to create our telecommunication network far other public safety purposes. I will pursue
that with the Interim County Manager.
Commissioner Carey: Will the consultant be available to our Planning Board as they
deliberate on this.
Craig Benedict: Yes.
Commissioner Gordon: Is the consultant going to be available to the Board? He
should be sworn in and we should be able to ask questions.
Chair Jacobs: I agree with Commissioner Gordon. I think that the consultant should
have been introduced at the very beginning, and we do not have any problem with Piedmont
Electric, but if we're doing the process, I think we need to know that our expert is here and that
he's available for questions. He or she may have comments about the application and can be
here as a resource and be identified as a resource to the Planning Board and to the Board of
Commissioners, not to discover it in the discussion. And also, I agree with Commissioner
Gordon that the fact that there are no citizens here may mean that nobody has any problems, or
it may mean that our notification policies are inadequate. And my guess is that it is probably a
combination of both, and that one small period of a balloon that was notified to people within
500 feet, especially for a tower of this height, may not be adequate notice to the public.
Renee Price Saunders: I had a question with regards to the applicant proposing a
tower for public safety. Does the Planning Board or does the County Commissioners have the
responsibility of deciding what is a public need, or is that the responsibility of the applicant. Is
that something that should be assumed?
Geaf Gledhill: It is the burden of the applicant to prove that it is a public necessity if
that's their intention, and if they do not prove that, and that finding can't be made, then it's the
burden of the applicant to prove the maintenance of property values in the absence of a public
necessity.
Renee Price: Is it the County Commissioners who determine whether or not they have
met the definition of a public need? Because it's going to be referred to the Planning Board.
Geof Gledhill: The County Commissioners in a Class A Special Use Permits will make
all of the findings. The Planning Board will make recommendations as to the findings.
Renee Price Saunders: I was just wondering, because it seems like it is a public
meeting, but this is the wrong process.
Craig Benedict: I can explain the process. The open verbal forum is tonight. Written
testimony can still occur between tonight's meeting and be submitted to the Planning Board as
further testimony to address the issues that the County Attorney brought up concerning issues
of testimony regarding public necessity, or if not, maintenance of property values. So all of that
information is still open to be submitted in writing, though, prior to the Planning Board hearing it,
or any other testimony that may come forward. The Administration recommendation here is for
the Commissioners to refer this back to the Planning Board to be returned back to the Board of
County Commissioners no sooner than December 4th, which means the timeline we had put in
this package was to have it on the agenda for the December 4, 2QQ6 meeting.
Commissioner Gordon: I would like to have our consultant come up and be sworn in
and I would like to ask him a couple of questions.
Lawrence Monroe {Rusty) was sworn In.
Commissioner Gordon: I just wanted to retake up some of the questions that Planning
Board member Wagner asked about the effects on migratory birds and also the effects on the
community population in the vicinity of such a tower.
Rusty Monroe: One of the recommendations that our company made as a
recommended condition was for the lighting that will be on this tower to be shielded. People are
aware of the fact that the lighting only has to be seen from above or by airplanes, and there are
a couple of different ways of doing it. We've recommended that all lighting on this tower be
shielded, in large part because of that issue to reduce the attractiveness as well as, very
candidly, to reduce the nuisance factor of what is called ground scatter effect of the lighting.
The report that was submitted on the effects of aviary wildlife is negative or negligible. We have
no concerns, and the report had raised no concerns. We've been able to find no experts in the
field who know evidence of any concern. It would be much more of a concern if there were
guide wires attached. That's primarily where the biggest danger to aviary wildlife comes from
are the guide wires on guide towers.
Commissioner Gordon: What about the effect on the population, the question of the
emissions and the effects on the human population with this proposal?
Rusty Monroe: We have to be very careful when it comes to radio frequency
emissions. The FCC has effectively preempted that entire area and said that no one may
enforce those other than the FCC, nor may anyone establish any different standards than the
FCC has. We could argue all day long whether those are adequate or not, but they are the law
at this point. However, local government has been charged with the authority, if you will, to
verify compliance with those regulations prior to the establishment at any time during the
operation of it. One of the recommended conditions in this is that it be regularly tested for
emissions. That having been said, I will tell you that the FCC also has a policy that any facility
such as this, or a cellular facility, or a paging facility, or any of the other services that use radio
frequency, if it is located on a tower and it is mare than 1Q meters above the ground, it is
deemed what is called categorically excluded. We may ar may not agree with that, but they're
saying, by definition that it is safe and presents no danger to the public. The numbers are such
that the RF emissions for something such as this facility at the height that Piedmont Electric is
proposing to attach, and in all probability the 8QQ MHz safety facilities would be attached, are so
negligible that you would have several times more exposure to RF emissions standing within 10
or 15 feet of your microwave oven ar sitting in front of your television.
Craufurd Goodwin: Is it clear that the tower can withstand a category three or four
hurricanes we're likely to see in the next few years? If it went down, how does it fall?
Rusty Monroe: That's one of the things that we looked at very carefully- the structural
integrity of the tower. That starts with the soils, what's called a geo-tech survey and analysis,
and you work up from there. A lot of times the tower industry will like to tell you, "We've
designed what's called a breakpoint," which means they over designed the bottom two-thirds,
for example, and then standard designed the top third so that there is a weak paint at which it
will break and supposedly fall within itself. That's just not the way towers fail, quite simply,
especially if there's a fault, if you will, in the calculations based upon the soils or the foundation,
or the foundation doesn't match the types of soil. There are about 400 towers a year that fail in
this country on average. Most people are not aware of it. This tower we feel very confident was
over designed. The bottom line is it was over designed. There is a breakpoint built in, but in
reality, I don't see that as being an issue here. It would be a different design, for example, if it
were to be built down on the Gulf Coast. And they have a PE signed off on it, our PE has
verified their PE's calculations.
Jay Bryan: When is the Planning Board expected to review this?
Craig Benedict: November 15t meeting.
Jay Bryan: If the Planning Board would like his and your appearance, would you be
willing to came?
Rusty Monroe: We're at your disposal.
Geof Gledhill: Let me make the point that if there are questions that come up during
the Planning Board's meeting, that thane questions and the answers be brought back to the
Board of County Commissioners' public hearing process so that they are in the record. They
won't be in the record if the Planning Board has a conversation with the expert.
Jay Bryan: Would that be presented in the minutes?
Geof Gledhill: I presume so, it may be necessary to have this man come back and
confirm.
Rusty Monroe: I would like to introduce one person, Jackie Hicks is with me, Jackie is
our Director of the Mid-Atlantic region, she basically runs everything from Maryland down to
Florida. So she may be the one that you're speaking with as opposed to me the next time.
Someone asked if Ms. Hicks should be sworn in.
Geof Gledhill: She could be sworn in at your next meeting and present that her
statements were true at the Planning Board meeting.
Jay Bryan: With regard to referring this to the Planning Board, could you instruct us?
Geof Gledhill: What I would recommend is that, when the matter is referred to the
Planning Board, that the County Commissioners hold open this public hearing until the
recommendation comes back to the Planning Board, and the only way to do that is to keep this
public hearing alive, and that means that rather than the recommendation being that it be
brought back no sooner than or later than, that in fact that it be brought back at a specific Board
of County Commissioners' meeting. So the County Commissioners will keep this public hearing
open for receipt of the Planning Board's recommendation along with any other evidence that
may be pertinent or desirable on the part of the developer, including, for example, introduction
of color photographs of the balloon test, if the applicant has those and wants to present those,
so that they're meaningful.
Chair Jacobs: Is the date December 4t"?
A motion was made by Commissioner Halkiatis, seconded by Commissioner Gordon
that the Zoning Atlas petition and the Special Use Permit, Class A application be referred to the
Planning Board for recommendations on both the Zoning Atlas amendment and the Special Use
Permit, to be returned to the BOCC no sooner than December 4, 2006. Also, the public hearing
will be kept open as suggested by the County Attorney.
UOTE: UNANIMOUS
b. Carrboro High School Financing
The Board conducted a public hearing on matters related to alternative financing for the
Carrboro High School, as approved by the Board of Commissioners on September 12, 2006.
Finance Director Ken Chavious reminded the Board that on September 12t" the Board of
County Commissioners authorized him to pursue private placement financing to fund the final
phase of Carrbora High School. The financing under consideration is $9 million. The plan is to
pursue ashort-term variable rate bank loan and later roll the short-term note into alonger-term
certificate of participation, currently planned for next spring. In addition, a request for proposal
for the financing will be sent out this week. The financing plans have been discussed
extensively with the Local Government Commission, and the application is scheduled to be
considered December 5t". Once the proposals are received and reviewed, the final action by
the Board will be to adapt the resolution approving the financing. This action is currently
scheduled for November 2"d. Prior to approval of the application, the general statutes require
that the County conduct a public hearing.
Chair Jacobs asked about the total cost of the project and Ken Chavious answered $35
million. Chair Jacobs asked how the interest rate compared to issuing bonds and Ken Chavious
said that the short-term rate on this financing will probably be less than the bonds. When it is
rolled into COPs, it will probably be comparable to the bonds.
No public comment.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to
close the public hearing.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Comprehensive Plan Update Process
The Board received a brief presentation from Planning Staff an revisions to the Planning
Board's recommended Draft Comprehensive Plan Update Process and Administration's
recommendations far roles and timetable and considered directing County management to
pursue the approved Plan Update Process, Roles, and Timelines.
Rod Visser said that at the August 28t" work session the Board of County
Commissioners gave feedback to the Planning Board on the comprehensive plan and the
Planning Board made revisions. Craig Benedict and Tom Altieri have led the County staff in the
process of reviewing what is involved in the seven elements of the comprehensive plan.
Craig Benedict said that Tam Altieri would be the lead staff person that will be working
with the Planning Board to unfold this over the next few months.
Comprehensive Planning Supervisor Tom Altieri made reference to the rose-colored
handout. He pointed out the exceptions to this and the original handout. He gave a brief
background on the comprehensive plan update process. He said that all of the agenda
materials are available on the County's website. He made reference to attachment 1, which is
the revised draft process. In the abstract, on page 2, there is a summary of changes, and he
read them, as follows:
Summary of Revisions:
- Planning Board to review and evaluate the "1981 Land Use
ElementlComprehensive Plan" rather than multiple advisory boards.
- Planning Board to review the credibility of historical population projections.
- BOCC to endorse identified advisory boards and departments associated with
Elements and pracesslguidelines far Comprehensive Plan implementation
earlier in the process.
- Additional Joint Advisory Board Meeting added as the first step in Phase II.
- Advisory boards will be asked to designate Liaisons {defined in Attachment 2).
- Planning Board to conduct outreach with assistance from other Lead Advisory
Boards (defined in Attachment 2).
- Objectives to be developed during Phase II rather than Phase I.
- Reconciliation process added to identify and summarize any inconsistencies
between and/or among Elements. Any minor inconsistencies that cannot be
easily reconciled to the satisfaction of the respective Lead Advisory Board are
forwarded to the BOCC with recommendations.
Tom Altieri then summarized the remaining attachments as stated in the abstract. He
said that the Planning Board and Administration are seeking the Board's approval sa that the
process can begin. There is work that must be done early on to develop the plan framework
and guidelines.
Commissioner Gordon asked about the adoption of a zoning map in addition to the Land
Use Plan Map. Tom Altieri said that this is addressed after the Comprehensive Plan is adopted.
The plan will include a future land use map as a guide for future development in the County, to
be used as a tool by staff, Planning Board, and the County Commissioners as rezoning
requests come forward.
Commissioner Gordon asked about communication with the Board of County
Commissioners. She noted that there is an overall statement about the Board of County
Commissioners' role, but she does not see where the Board would get apprised on a regular
basis. She suggested that the Board get apprised before 2-f, Phase I of the process (page 5 of
the abstract}. Also, in #6, Public Hearing, the BOCC should have input before this, maybe in
item 3 or 4. She said that time is of the essence because a lot of time was spent on this issue
before. She does not want this to ga on for years. She thinks that if the County Commissioners
are kept apprised all the way, there will not be any unnecessary delays.
Rod Visser said that the staff concurs with Commissioner Gordon and a timeline will be
brought back in October and the Board's input will be folded in.
Commissioner Gordan made reference to attachment 2, page 10 under transportation,
and said that the Orange Unified Transportation Board should be a lead advisory board with the
Planning Board.
Commissioner Carey made reference to the revisions and the reconciliation process and
he is assuming that the reconciliation process is the responsibility of the Planning Board. He
said that this should be clarified.
Tom Altieri said that it will not be done exclusively by the Planning Board. VIlhat is
proposed in the process is that the element managers and the lead advisory boards will develop
recommendations an how reconciliation might be addressed and these are forwarded to the
Planning Board. The Planning Board will take the lead in the process, but it will be in
coordination with the other advisory boards.
Chair Jacobs thanked the Planning Board and the staff and he agreed with
Commissioner Gordon and suggested that the Planning Board chair needed to be part of the
process so that the Board of County Commissioners can be kept apprised. He expressed
objection to the length of the process because it is too long. He suggested bringing in a
consultant to speed things up. Commissioner Foushee agreed about moving forward
expeditiously.
Chair Jacobs said that he does not hear any disagreement with the process or the roles,
but he hears some disagreement with the timetable. He asked far a motion to direct the staff to
come back with a revised timetable.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
recommend that the process be adopted with the proviso that the timetable should be
accelerated, that there should be specific places where the County Commissioners will approve
and receive an update, and that the OUT Board will be added as a lead advisory board for
transportation along with the Planning Board.
UOTE: UNANIMOUS
PUBLIC COMMENT:
Alan Rosen is a board member of The Village Project. He said that the people of The
Village Project will be pleased about the recommendation of a consultant. He said that the key
is to get the right consultant. He said that the plan is very good and there are a lot of strengths
in it. He said that the consultant should not displace the strengths in the plan. He said that
there is a commitment to concurrently plan for all of the main elements at once, citizen
participation is central, and the advisory boards are being strongly integrated into the project.
He said that since there are other small area plans going on, The Village Project and others
have concern that decisions regarding the Comprehensive Plan may conflict with or adversely
constrain positive outcomes. He agreed with accelerating the process. He said that there has
not been much outreach to the public at-large. He thinks that broad community input should be
emphasized at the earliest opportunity. He suggested that the advisory boards be brought in
earlier on, before next July. He suggested providing coaching and technical assistance to
volunteers.
b. West Ten Soccer Center Construction Schedule Options
The Board considered options for completion of West Ten Soccer Center.
Rod Visser said that this is a follow up to the Board's discussion at the September 14t"
work session. The staff was asked to provide an analysis of the cost differential in regard to
developing all of the soccer fields atone time versus building now with the money available in
the first phase and then following up several years out with completion of the project.
Recreation and Parks Director Lori Taft said that the dollar figures estimated with Corley
Redfoat Zack show ranges because the phase design is in the early stages. There is a
difference as shown in attachment b between option 1 and option 2 . The total cast in two
phases would be $3,688,000 on the upper end of the range. If the Board considered doing the
entire project beginning next year, the top of the range is $3 million.
Chair Jacobs reminded the Board that there was a letter from the Mayor of Chapel Hill
that almost exactly matches the total amount that is being discussed for this phase of
construction of West Ten.
Lori Taft said that she did attend the Project Planning Committee meeting in question on
September 19t", and there was discussion about several Chapel Hill projects that involve the
County. In particular, the Southern Community Park project was recently bid and the low bid
came in over $1 million over budget. Part of the budget funding included a $500,000 PARTF
grant from the State. Chapel Hill could not drop any of the elements of the project because it
would lose the $500,000 grant. She thinks that it may have been the consensus of the Project
Planning committee that it would be better to find a way to get the money and go forward with
the project as is. Then the idea came up that there might be Soccer Superfund money
available, and that's when the idea came up to write a letter to the County asking for money.
Chair Jacobs said that 2l3 of a million dollars was allocated to Twins Creek and $1.3 is
allocated for West Ten.
Commissioner Halkiotis said that he is torn about this. He finds it interesting that just
now the discovery of additional rack removal money is necessary to the tune of $250,000. He
read from the letter from Mayor Foy as follows: "The County would be funding the installation of
fields that would serve residents on the fringe of the urban areas, but we would potentially be
unable to construct any fields within the urban areas and adjacent to large numbers of
residents." This troubles him because he thinks that it is pitting County residents against
County residents. He has been troubled by the fact that nothing has been done on this piece of
property besides the additional site preparation work. He stated at the last meeting, long before
this letter was put together, that he was in favor of doing something with that $700,000+ such as
at least get two fields going. If something is not started at West Ten, there will never be
anything there except an empty field. He is opposed to giving this money to further fund
Southern Park construction. He does not think this is good business.
Commissioner Foushee said that she sees this as an equity issue because two fields
have been completed in southern Orange with seven planned, and one in northern Orange with
only two others planned.
Commissioner Carey agreed with Commissioner Halkiotis and Commissioner Foushee
and he thinks the Board should make decisions about priorities and not deter from their original
plan for West Ten.
Commissioner Gordon made reference to the Twin Creeks Park and asked how many
fields would be in this park. Lori Taft answered that there are four fields in the master plan and
phase one would include two fields.
Commissioner Gordon said that southern Orange has a total of seven fields. Central
and northern Orange has a total of four, if the two at West Ten are built. If there are four mare
fields built at West Ten that would be eight for central and northern Orange. She questioned
the equity issue. Her understanding is that if Chapel Hill does not get more money, then it will
only be able to build one soccer facility at Southern Community Park. She thinks that the
County should fund two soccer fields at West Ten and make them complete. Whatever is
decided, she thinks that it should be put out for public comment before committing to the capital
plan. She thinks that two fields done right is not shabby and it is equitable.
Chair Jacobs said that when the County bought the Adams Tract, Carrboro paid half,
and when the Cybrary was done, Carrbaro also paid half. The Board has made a policy that if
parks are going to be done in the future in municipal jurisdictions, that it will be done as
partners. Orange County has paid $2.8 million toward this project in Chapel Hill. The Mayor
has twice written to the Board asking the County Commissioners to keep the costs down. He
suggested that, since Chapel Hill has not raised taxes, that the Board ask Chapel Hill to look for
the additional $770,000 it is asking from the County Commissioners. He agrees with
Commissioner Carey about trying to find a way to do West Ten in a cost effective manner. He
sees the two projects as separate projects, but in terms of equity, the funding has not been
equitable. Southern Park has never been portrayed as a County park, but as a City park.
Commissioner Halkiotis asked Lori Taft what the $733,000 does for the two fields at
West Ten. Lori Taft said that it does not include lights, but does include irrigation and
restrooms.
Chair Jacobs said that everyone seems to agree that at least two fields should be done,
and he and Commissioner Carey would like to see if the whole project could be done and ask
staff to come back with how to fund it in a reasonable timeframe.
A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to ask staff
to came back with information on funding the entire project at West Ten Soccer Complex in a
reasonable timeframe, with additional information on how it would fit into the debt capacity and
borrowing capacity.
Commissioner Gordon made reference to the Chapel Hill request and said that she
understands that it was not trying to eliminate the soccer fields. She said that if more than two
fields are going to be built at West Ten, she would like to consider the request from Chapel Hill.
She does not agree beyond the two fields. Chair Jacobs said to consider the motion first and
then the Board could consider Chapel Hill's request.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
A motion was made by Commissioner Gordon, seconded by Chair Jacobs to refer the
request from Chapel Hill back to staff and get a full report from Chapel Hill with specifics, and
that staff come back with a recommendation for an appropriate amount. The second was
contingent upon urging Chapel Hill to contribute more money to the project. Commissioner
Gordon agreed.
VOTE: UNANIMOUS
c. Cultural and Archaeological Survey Policy for Orange County Development
Pralects
The Board considered adopting a new policy requiring Cultural and Archaeological
Surveys for all Orange County development projects involving ground disturbance.
Chair Jacobs suggested adding that the reports that are derived should be presented to
the Board of County Commissioners, and the report will be given an a CD rather than on paper.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve adopting a new policy requiring Cultural and Archaeological Surveys for all Orange
County development projects involving ground disturbance, with the amendment as stated by
Chair Jacobs above.
VOTE: UNANIMOUS
d. Homestead Road Campus Master Plan Approval
The Board was to consider approving a conceptual master plan for the Southern Human
Services Center property.
DEFERRED
e. Creation of a Tethering Committee
The Board considered creating a Tethering Committee for the purpose of assessing
whether and, if so, how the County's animal ordinances should be amended in regard to the
tethering of dogs and the appointment of members and provide direction to staff.
Commissioner Carey recommended that the Animal Services Advisory Board appoint
that committee, but it is also fine if the Board of County Commissioners appoints it. In any
event, the recommendations from such a committee will go to the Animal Services Advisory
Board for review and recommendation to the County Commissioners.
Chair Jacobs said that the appointments would come back to the County
Commissioners, and Commissioner Carey agreed.
A motion was made by Commissioner Carey, seconded by Commissioner Faushee to
approve the Animal Services Advisory Board appointing a Tethering Committee for the purpose
of assessing whether and, if so, how the County's animal ordinances should be amended in
regard to the tethering of dogs, with the appointments coming back to the County
Commissioners.
VOTE: UNANIMOUS
f. Appointments
{1 j Animal Shelter Design Committee -Charge. Composition and Appointments
The Board considered making appointments to the Animal Shelter Design Committee.
Clerk to the Board Donna Baker pointed out that Donna Allison is a Durham County
resident, but she is on the applicant interest list because the volunteer coordinator at the shelter
asked her to apply. She has a call in to the volunteer coordinator about this and has not
received a response. She will check on the residency status of Donna Allison.
Chair Jacobs pointed out that two of the three Animal Services Advisory Board members
are also shelter volunteers, and there are slots for shelter volunteers, sa all three of them could
be put on this committee.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
appoint all interested applicants, with the exception of Donna Allison until the Clerk checks on
her residency status.
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve the charge of this committee. Chair Jacobs and Commissioner Carey will serve on this
committee.
{2) District Elections Education Committee -Appointments
The Board considered making appointments to the District Election Education
Committee.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
appoint all interested applicants.
VOTE: UNANIMOUS
10. Reports
a. Report on the County's Efforts and Ability to Serve Limited Enalish Proficient
fLEP) Populations
The Board was to receive a status report regarding LEP populations in Orange County,
the County's efforts to serve LEP populations to date, and recommendations to improve service
to LEP populations and provide comments or directions to County Staff.
DEFERRED
b. Draft BOCC District Elections Education Documents
The Board reviewed a draft BOCC District Elections educational brochure and the
materials for BOCC District Elections newspaper advertisements that will be circulated to
increase public awareness of the November 7, 2006 BOCC District Elections Referendum,
provided any comments, and considered authorizing staff to proceed.
Commissioner Gordon suggested that the font of the percentages on the brochure
needs to be larger.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
authorize staff to proceed with brochure publication and newspaper advertisement placement,
with bigger fonts.
VOTE: UNANIMOUS
11. Closed Session
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
go into closed session at 10:35 p.m. for the purpose of:
"Discussing the County's position and to instruct the County Manager and County Attorney on
the negotiating position regarding the terms of a contract to purchase real property for County
offices," NCGS § 143-318.11(a)(5}.
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION:
A motion was made by Commissioner Halkiotis, seconded by Commissioner Faushee
to adjourn into regular session at 11:20 p.m.
VOTE: UNANIMOUS
12. Adjournment
A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to
adjourn the meeting at 11:20 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board
APPROVED 6112!2007
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
October 3, 2006
The Orange County Board of Commissioners met on Tuesday, October 3, 2006,
Southern Human Services Center in Chapel Hill, North Carolina.
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: Interim County Manager Rod Visser 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.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to go
into closed session at 10:35 p.m. for the purpose:
"To discuss the County's position and to instruct the County Manager and the County
Attorney on the negotiating pasition regarding the terms of a contract to purchase real
property for a county offices," NCGS 143-318.11 (a) (5}
VOTE: UNANIMOUS
OTHER STAFF PRESENT: Pam Jones
GATEWAY BUILDING
Geof Gledhill said it is being proposed that the County enter into a fixed price
construction manager at risk {CMR) contract with a Horton "entity" for the construction of
the Gateway building. This building will be candominiumized and the County will lease-
purchase a condominium that includes the top two floors of the Gateway Building plus
an in common interest in the common area associated with the Gateway Building. This
lease will be far one year plus one day from the date the building is occupied by the
County and will include 22, 846 square feet of office space. The lease price will be
$565,500 far the lease term. Geof Gledhill said that it is anticipated that this building will
be ready for occupancy on or about November 2007. The County will purchase the
property leased at the end of the lease term. The purchase price will be approximately
$5,500,000.
Geof Gledhill reviewed same of the pros of leasing the building far one year in that it will
solve several of the problems that had been associated with the overall County complex
purchase, including the County avoiding the complexities of being a party to an
agreement with Weaver Street Market. The lease will also require the Horton entity, as
the owner of the Gateway Building, to be responsible for any and all warranty issues
during the first year, corresponding to the lease term, associated with the construction of
the building. This is important because the warranties will be as to the entire building, not
just the county leased portion of the property.
LIBRARY AND OFFICE BUILDING
Geof Gledhill said in reference to the library and office building that the County will enter
into affixed-price CMR contract with a Horton entity for the construction of finished space
for the office building and library. He said that it is anticipated that the construction will
be completed on or about May 15, 2008 and the County will take ownership upon its
completion. The purchase price for the office building and the library and for the license
for 175 parking spaces in the parking deck, to be discussed below, will be approximately
$18,000,000.
PARKING DECK
Geof Gledhill said that the parking deck would be constructed by a Horton entity and the
County will purchase from a Horton entity a license for 175 parking spaces upon the
deck's completion. The cost of the license is part of the cast of the construction of the
office building and library. He said that the County would, after the license period
begins, pay an annual fee, with yearly escalation casts equal to the cast of living
increase, for maintenance of the parking deck. The initial cost of this annual
maintenance fee is estimated to be $11,375 ($65 per space x 175 spaces).
LETTER OF INTENT
Geof Gledhill said that he had included a proposed letter of intent for the Board's review
(attachment) and he covered some of the major deal points of this letter:
Orange County will be contracting with a Horton entity as the Construction
Manager at Risk and the CMR will provide construction management services for
the project throughout the preconstruction and construction phases, and will
guarantee the cost for the Project will not exceed the budgeted Project Cost of
$23, 429, 528 (this sum to be reduced by those portions of the contract balances
remaining to be paid to design professionals whose contracts must be assigned
to the County, pursuant to G.S. 143-64.31; provided, however, the design
contract for the parking facility will not be assigned.)
The guaranteed Project cost will be adjusted in the event {1) the County
introduces any changes to the scope of work envisioned by the CMR and the
design professionals, ar (2) the CMR is delayed in the commencement of
construction by reason of the public bid process or by reason of matters
reasonably beyond the CMR's control.
Chair Jacobs said he would prefer a professional that is knowledgeable about designing
a library and Geof Gledhill responded that the interior design will be done separately
from the exterior design, the latter being the Horton entity's responsibility; however, a
library designer employed by the County could work with the Horton entity up front on
this project.
Geof Gledhill said that the Gateway Building would be build first, to be completed around
11107 with the library and office building coming on board around 5/08. He said that if
the interior design goes over the estimated casts, then Orange County would pay the
overage.
Chair Jacobs suggested Jeff Thompson, a construction manager with the County, review
the interior pricing first and all agreed this would be a good idea. Geof Gledhill said that
he would also address the library design issue with Mr. Horton and his attorney.
^ CMR will publicly advertise, pre-qualify and accept bids on a single prime basis
from licensed general contractors
^ The CMR will require the single prime general contractor to furnish 100°l°
performance and payment bonds which name the CMR's construction lender, the
CMR and Orange County as joint obliges.
^ The CMR will reserve the right to withdraw from the Project without penalty or
liability in the event the CMR determines, in its discretion, that the lowest
responsible, responsive bidder is nonetheless unacceptable to the CMR.
^ The proposed completion schedule was reviewed.
^ Other contingencies were reviewed such as approval by Weaver Street Market;
land use approvals by the Town of Hillsborough; satisfaction of construction loan
underwriting criteria by Horton lender; LGC and underwriting approval of debt
structuring of Orange County debt so that it complies with Orange County's
policies of 15°~ of General Fund Budget debt service payments and 7% annual
growth of General Budget Fund; and execution and delivery of Contract
documents mutually agreeable to the CMR, the single prime general contractor,
the contractor's surety, the CMR's construction lender and Orange County.
Geof Gledhill said that the next step would be to hold a public hearing on October 17tH
and also to make it a decision item so that he can begin to develop the contract with Mr.
Horton and his attorneys.
A motion was made by Chair Jacobs seconded by Commissioner Foushee to direct staff
to continue with negotiations, to flesh out costs, to engage Jeff Thompson to review
design costs, and when they are ready to move forward with the library design, to hire a
library design consultant to work with Jeff Thompson.
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION:
A motion was made by Commissioner Halkiotis seconded by Commissioner Foushee to
reconvene to Regular Session at 11:20 p.m.
VOTE: UNANIMOUS
12. Adjournment
A motion was made by Commissioner Halkiotis seconded by Commissioner Foushee
to adjourn the meeting at 11:20 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board