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HomeMy WebLinkAboutMinutes - 20070123 APPROVED 2/20/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 23, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, January 23, 2Q07 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, and Mike Nelson COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and Brian Ferrell COUNTY STAFF PRESENT: County Manager Laura Blackmon, 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. 7:31:35 PM 1. Additions or Changes to the Agenda Chair Carey made reference to the pink sheet, which is an additional applicant for the Library Services Task Force, which is item 9-d. The lavender sheet is a memo from the Manager. The blue sheet relates to item 9-e-1, which is the list of names appointed thus far to the Hollow Rock Park Planning Committee. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Tony Hayes is from the Occoneechee Band of the Saponi Nation, Inc. Chair Carey painted out the letter to the County Commissioners from Forest Hazel, the Project Director. Tony Hayes said that the OBSN sent a letter to the County Commissioners on January 17tH regarding the village project proposal. He would like to have a response to this proposal. He said that the village is a very popular site in Hillsborough, and the Occaneechi wishes to work with Orange County and the Hillsborough area to maintain agovernment-to-government relationship. They are looking to construct a replica of this village on the homeland, which is a few miles northwest of here. He welcomed any questions. Chair Carey said that the County Commissioners have all been proud of the replica village that is on Orange County property. It is in need of repairs and the proposal states that the Occoneechee wants to have a continued presence here in Orange County. The details just need to be worked out. Tony Hayes said that they worked through viable options as Tribal Council, and they want to continue their relationship with Orange County and with the Town of Hillsborough. From a fiscal standpoint, they want a minimum outlay of cash by putting a miniature replica of the village down there. Commissioner Jacobs assured Tony Hayes that Orange County wants to continue to work with them and he would like a more proactive relationship with the tribe and the Town. He said that the Caunty is working on a park down there and the Town is working on a river walk. Tony Hayes said that he is a resident of Hillsborough and he certainly wants what is best for Hillsborough and Orange County. As the Tribal Chairman of the Occoneechee, he also wants anything that bears the Occoneechee brand to be a goad reflection. Commissioner Gordon said that the Board of County Commissioners supports the efforts. Chair Carey said that the tribe is asking the County to work with them to develop a more definitive plan for the site and how the relationship will go forward in the future. He suggested asking the staff to work on this and bring recommendations back on how the relationship can be strengthened. He asked for more information on the land that is being developed nearby and how this site can relate to that site. Tony Hayes said that he is not prepared tonight to discuss this at length, but they are amenable to working with the County. He said that they look to have this older site dovetail into what they are doing with the new site. Laura Blackmon said that the Public Works Department has had one preliminary meeting with some tribe representatives to discuss maintenance issues. She thinks there is a timeframe to have the facility completed. Tony Hayes said that they are looking to remove the village that is there as soon as possible, and then they will come back and work with the County Commissioners to put something first class back in this area. Gene Poveromo lives in the White Crass neighborhood. He read a prepared statement and a letter from his neighbor. He said that they live at 4639 Old Greensboro Road. They are here to ask for help from the County Commissioners to help protect property values and quality of life. They have a situation that has been plaguing the neighborhood for almost seven years. The situation forced a young family with children to sell their home site and move away. Now this situation is making it difficult for another neighbor to sell his property. What is occurring in his neighborhood is also negatively impacting the property values of several other residential properties, not to mention multiple acres of adjacent undeveloped properties. The situation involves the operation of a recreational motocross facility. During the month of December, this activity occurred on no less than 15 days. In addition to zoning issues and extensive clearing and grading associated with this facility; the noise, exhaust fumes, and influx of strangers generated by this activity is at best inconsiderate. It should not be a sanctioned land use in a County that has a land use ordinance. He said that he appeared before the County Commissioners two years ago to comment on proposed revisions to the County's noise ordinance. In particular, the proposed revisions were initiated in response to the Caunty receiving complaints about noise generated on residential properties. He attended two meetings of the County Commissioners, in which the Board discussed the proposed ordinance. He was concerned with the ordinance as finally adopted, but he agreed in front of the County Commissioners to give it a chance. In practice, this ordinance does not work. In 2005, County staff described the approach to manage the noise as, "a nuisance for which a reasonable neighbor approach is suggested." In this particular case, this reasonable approach has failed. He said that tonight, he and his neighbors, Steve and Donna Elkins, are asking the County Commissioners and the staff to commit to addressing this problem. He is asking the County Commissioners to begin the process to amend the noise ordinance such that the noise measurements may be taken on any point on the property and direct the staff to investigate the zoning issues associated with this activity. He then read a letter from Mr. Steve Elkins, his neighbor. He owns 21 acres in southern Orange County. He would like to register a complaint about the motorcycle track, which adjoins his property. Recently, he was laid off from work and has experienced some family health problems, so he is attempting to sell ten acres of property. The property is listed with a real estate firm and the agent has said many times over that the property would have already been sold if not for the closeness of this motorcycle track. In his opinion, this track should not be allowed in a residential area. The track owner, Steve Chambers, has a sign up, so there is always a steady flaw of random traffic and noise through the residential area. This track is preventing him from selling his property as well as decreasing the value of his property. He would like to see the track shut down because it is not on commercial property. Judy Van Wight, wife of Gene Poveromo, read an evaluation of the environmental sound in the community, which was a study that was done. Community Reaction and Annoyance: The adverse responses of people when noise is introduced into their environment are measured in two ways -they are counting complaints to authorities ar community reaction by surveys that rate annoyance. The number of complaining people does not directly indicate annoyance. Some people who are annoyed do not complain. One study examined the relationship between the number of people highly annoyed and the number who complained. The researchers found that 1 % complained and 17°~ were highly annoyed, and if 10% complained, 43°~ were highly annoyed. Few complaints may show a high community annoyance level. As a result of various research studies, several important factors were identified for determining the community reaction and annoyance produced by noise. These were identified by the USDPA as follows: the level and frequency content of the noise. She made reference to the neighbor with the motocross track and said that it would be one thing if it just ran on the weekends, but in December it was 15 days all afternoon long starting in the morning. She said that she is a writer and she works at home, and it is really loud and annoying to her. She thinks that her neighbors also share this annoyance. She said that some people come looking for the neighbor's house and have gotten lost. She said that at one point this neighbor had port-a-potties on his property for this facility. She said that one of her neighbors is very sick and they are unable to sell their property because of this facility. Chair Carey said that the Board will refer this to the County Attorney and staff to review this issue and take it under advisement. He asked that any specific recommendations on what to do about this issue be forwarded to staff. Commissioner Nelson suggested that Planning staff flag this motocross/ATV issue for the comprehensive plan process. He said that there are more appropriate places for this type of facility. He said that some communities use a mediator in situations like this and if there is the ability to bring a mediator in, then they should do this. Commissioner Foushee agreed with Commissioner Nelson on considering this under the comprehensive plan, but she would like to see how this is related to what the County already has on the books as far as zoning. She said that this would appear to be a commercial interest in a residential area. Commissioner Jacobs agreed with Commissioner Foushee. He said that there is another track like this in Hillsborough. He is in favor of using any kind of mediation. He suggested moving forward with some type of modification of the ordinance now. This issue will be forwarded to staff for consideration. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Gordon reported on transportation meetings. The first topic has to do with the State Transportation Improvement Program, which is in the process of being developed. She said that each jurisdiction submits priorities and those have to be reconciled. She wanted to highlight haw little Orange County is getting in the State TIP. Orange County does not ask for a lot of money, partly because we emphasize alternative modes of transportation, and she said that she understands that money is tight. She distributed some information about the STIP, which included allocations to counties. She said that Doug Galyon of the N.C. Board of Transportation agreed that Orange County was not getting very much, and that he would keep that in mind. Commissioner Gordon distributed another chart that shows N.C. Transportation Tax Return Rates by county. She said that Orange County is a donor county in this context. She said that she thought that the Board of County Commissioners needed to know this. Commissioner Gordon said that there is an initiative going on to look at transit again, since the Triangle Transit Authority decided not to pursue funding far the regional rail project. The Metropolitan Planning Organizations are charged with long-range transportation plans. She said that they are trying to look at a joint effort with the two MPO's cooperating. There has been agreement that CAMPO and DCHC will have a joint committee for recommending regional transit projects. The details have not been finalized, but DCHC will be appointing ten people and CAMPO will appoint fourteen people. The deadline for submitting nominations for this committee will be February 7tn Commissioner Jacobs thanked Commissioner Gordon far all of her work on transportation. He thinks that Orange County taxpayers should get their fair share, but he thinks that it is clear that there are other counties that need help. Regarding regional planning, he would hope that the County Commissioners start talking about the fact that the tang-range transportation plans that have been on the table so far are not going to bring any equity to Orange County anytime soon. He said that he is in favor of regional solutions, but he does not know how it helps him to have a rail between Durham and Raleigh. He thinks that with Carolina North and the need for public transportation, it may be important to try and realize some of the funding for public transportation that addresses directly what will happen in Orange County. Commissioner Jacobs said that an February 5th, the EflandlMebane Work Group will have a meeting at Gravelly Hill's library at 6:30 p.m. to bring to the people who live in the economic development district the zoning proposal that addresses concerns about maintaining a residential presence in an area that is currently zoned commercial. He said that if three County Commissioners want to attend, he will ask the Clerk to advertise it as a County Commissioners' meeting. Commissioner Jacobs thanked Commissioner Foushee, Jay Bryan, Bernadette Pelissier, Lisa Stuckey, Craig Benedict, and others who participated in the Carolina North meetings. He said that the papers ignore the fact that Orange County was at the table. He said that there was discussion about achieving full cost of services and agreed that since there is going to be a technical study of what service costs are going to be, then it would not be specified. However, they made the strong case that the County expects to recover the full cost of services provided, just as in the case of the University insisting that OWASA achieve full cost of services from all of its customers. He said that the Orange County representatives also advocated for public transportation as a default option for Carolina North, and the other governments embraced this. They also made the argument that open space had an inherent value in and of itself. He said that in the last iteration, the University agreed without comment to put a conservation easement on those natural areas that are identified through study as the most significant, and to allow another party to bald the easement. This totally passed by the media. He said that the Orange County representatives also advocated for a living wage, childcare, and a sustainable community. Commissioner Jacobs reported on the Hillsborough Strategic Plan and distributed a handout. The group met again after the public hearings and decided to do away with maps. There will be a simple bubble map showing what was envisioned and a second step would be an implementation phase that would include an interlocal agreement with Hillsborough. He said that he wants to move this forward so the public can weigh in. Commissioner Jacobs said that Purchasing and Central Services Director Pam Jones shared with him an exchange of emails about the tree fencing at the new senior center and whether or not it was adequately protecting the root systems of same of the trees. He asked Pam Jones to share this with the Board because he wants to make sure the concerns are addressed. Commissioner Jacobs said that he was listening to the radio after the groundbreaking for the aquatic center, and someone on CHL said that the aquatics center should be free to citizens of Chapel Hill and there should only be a small fee for others. He said that if the County is putting $4 million into a building, that it should be clear that no citizen of Orange County should be paying to use the pool. Commissioner Nelson - no comments. Commissioner Foushee said that on January 25t" at 5:30 p.m., the Ena EDD Task Force will meet at the Economic Development office. Chair Carey said that he represented the Orange County Board of Commissioners at the groundbreaking of the Homestead Road aquatic center yesterday, and reminded people that Orange County is contributing $4.3 of the $5.2 million needed to construct the facility. He said that he did not hear this comment on the radio, and the County Commissioners may need to weigh in on that, because it should be available to all residents of Orange County since all residents of Orange County contributed to it. The facility should be ready to use in about 18 months. Chair Carey said that the Board will be rescheduling the joint meeting with the Town of Hillsborough, which was scheduled for February 15t". The new date is tentatively set for March 19t". Chair Carey said that there was a dinner meeting with an advisory board tentatively scheduled on February 12t", and now this slot must be used to have a public comment period for the animal shelter design committee. This is on a fast track because of the time constraints. There is a Board meeting the evening of February 12t", sa there is a public information session at 5:30 p.m. instead of the advisory board meetings. Chair Carey said that the NCACC has requested an appointment of a County legislative liaison. This is new and is designed to have a person to serve as a conduit for information and to provide information bath ways on the legislative package. Commissioner Nelson volunteered to do this. Chair Carey said that the County Commissioners are going to reconsider the amendments of the Space Study Needs Report on the 30t", but he would also like to see information on the preliminary analysis of the downtown Chapel Hill post office far potential renovations for use of the court facility. The status report is that this will came back to the Board in the spring. Commissioner Gordon said that they also need information on this building because another group is asking to use that facility. Chair Carey asked staff to inquire of the Town about this. 4. County Manager's Report Laura Blackmon said that she had forwarded to the County Commissioners a memo from Superintendent Neil Pedersen regarding the First School moving forward. The memo asked for a Board of County Commissioners' representative and Commissioner Foushee volunteered to be the representative. Chair Carey made reference to Commissioner Jacobs' comment about the Carolina North meeting. He said that it is significant that UNC has decided to place easements and convey to a third party the holding of the easement. He remembers discussing this a few years ago, and this was not something that UNC was willing to consider. Commissioner Gordon said that a regional effort an transportation does not mean that Orange County will not get anything. This would be part of the discussion. VOTE: UNANIMOUS 5. Items for Decision--Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for November 14 and 20, and December 4, 2006 as submitted by the Clerk to the Board. b. Appointments (1 y Commission for the Environment -Reappointments The Board reappointed Tam O'Dwyer and Bill Kaiser to the Commission for the Environment to first full terms ending December 31, 2009. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 69 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Applications for Property Tax Exemption The Board approved seven (7) untimely applications for exemption/exclusion from ad Val Orem taxation for the 2006 tax year. e. 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. f. Property Tax Release The Board adopted a resolution, which is incorporated by reference, to release the property value related to one (1) request far property tax release in accordance with N.C. General Statute 105-381. g_ Resolution Creating a Special Board of Equalization and Review The Board adapted a resolution, which is incorporated by reference, to appoint a special board of equalization and review, and established the recommended level of compensation for members of the E&R Board. Further, the Baar directed staff to recruit applicants far the E&R Board, with appointments to be made at a future Commissioners' meeting. h. Resolution in Support of Local Fees for Food and Lodging Inspections The Board adopted a resolution, which is incorporated by reference, in support of state associations that call for legislation to allow counties the option to set fees for the inspection of food and lodging establishments and authorized the Chair to sign. i. Aareement Renewal far Adopt a Child Care Dental Screenina Proiect Coordinator The Board renewed the agreement for a Project Coordinator for the Adopt a Child Care Dental Screening Project and authorized the Chair to sign. L 2006-2007 Small Business and Technology Development Center iSBTDC) Contract Renewal The Board renewed a contract to continue support of small business development services for Orange County as stated in the Economic Development Strategic Plan and authorized the Manager and Clerk to execute the contract. k. Agreement for Groundwater Monitoring for the Landfill This item was removed and placed at the end of the consent agenda far separate consideration. I. Bid Award: Homestead Community Center Sewer Construction The Board awarded a bid to Billings and Garrett, Inc. in the amount of $112,736.80 to construct a sewer line to service the Homestead Community Center; authorize the Budget Director to bring back a revised Homestead Community Center Capital Project Ordinance sufficient to cover the cast of the bid award; and authorized the Purchasing Director to execute any necessary paperwork. m. Time-Limited Positions for Work First Pilot The Board created four time-limited positions utilizing Work First pilot funds and designated that the positions are effective until the end of the grant period, June 2009. n. Proposed Grant Application to NC Parks & Recreation Trust Fund The Board approved the submittal of an application to the Parks and Recreation Trust Fund and authorized the Chair to sign the application for submittal prior to the January 31, 2007 deadline. o. Historic Preservation Fund [HPF}Grant Application for FY 2447 for Cultural 8~ Archaeological Surveys The Board approved submitting an application for matching grants monies to offset the cost of a cultural and archaeological survey for Hollow Rack Access Area/New Hope Preserve park project scheduled for the master plan design process in the coming year. ~ Acceptance of Grant Allocation from the Law Enforcement Terrorism Prevention Program The Board approved acceptance of State Managed Federal Homeland Security grant funds totaling $1,814,000 for interoperable communications infrastructure and equipment, and to authorize the State Highway Patrol to expend these grant funds to construct communications infrastructure far Orange County to benefit public safety agencies and the people of the County and authorized the Manger to sign the MOA, pending approval from the County Attorney. g, Budget Amendment #8 The Board approved budget ordinance amendments for fiscal year 2006-07 for Health Department, Department on Aging, Department of Social Services, Library Services, Orange/Chatham Justice Partnership Program, and Arts Commission. r. Housing Rehabilitation Contract Awards The Board awarded two housing rehabilitation contracts for the Orange County CDBG Scattered Site Housing Rehabilitation Program to 2607 Overland Passage, Chapel Hill for $34,750 to William Long Construction Co.; and to 216 W. Union Street, Hillsborough far $1,500 to Eastern Environmental and for $28,689 to Harmony Homes LLC. s. Impact Fee Reimbursement The Board approved the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $29,628 far eight new homes. t. Confirmation of Proposed Land Swap Pertaining to the Fairview Public Campus Master Plan This item was removed and placed at the end of the consent agenda for separate consideration. u. Fairview Park Playground Replacement The Board approved immediate replacement of the structure, and authorized spending of up to $40,000 from the Fairview Park bond funds. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA k. Agreement for Groundwater Monitoring for the Landfill The Board considered extending the Solid Waste Department agreement with Research and Analytical Laboratories, Inc. for groundwater monitoring services at the Orange County Landfill for three additional years through December 31, 2009 and authorizing the Chair to sign, subject to final review by the County Attorney. Commissioner Jacobs asked if the Manager knew if these wells could also be used as sampling wells for the groundwater effort. There has been discussion about having a series of wells through which movement of groundwater could be monitored in the County. It would seem that if new wells would not have to be drilled, it would save money. Laura Blackman said that these wells are monitored for something different. She will check on this possibility. A motion was made by Commissioner Jacabs, seconded by Commissioner Faushee to approve extending the Solid Waste Department agreement with Research and Analytical Laboratories, Inc. for ground water monitoring services at the Orange County Landfill for three additional years through December 31, 2009 and authorize the Chair to sign, subject to final review by the County Attorney, and to also ask staff to pursue other options to use this monitoring device. VOTE: UNANIMOUS Commissioner Jacobs asked if the County Commissioners all agreed to ask staff to pursue other options of using this monitoring device and the Board agreed. t. Confirmation of Proposed Land Swap Pertaining to the Fairview Public Campus Master Plan The Board considered confirmation of a proposed land swap with the Town of Hillsborough related to the Fairview Public Campus Master Plan. Commissioner Gordon made reference to the second recommendation from the Manager, which is commit to discuss/consider providing an alternative amenity instead of the tennis courts, as proposed by the Hillsborough Board of Commissioners, before the design and construction of the park facilities. She said that she attended a Recreation and Parks Advisory Committee meeting and the Vice-Chair, Deborah Judd, said that she talked to a Hillsborough Town Board member, and the Hillsborough Town Board no longer has the objection. She does not know how to handle this. Assistant County Manager Gwen Harvey said that Recreation and Parks Director Lori Taft may have more information and Commissioner Gordon asked that the answer be put in writing from the Hillsborough Town Board. Lori Taft said that the report that was given by a member of the RPAC stated that she had been in contact with one of the Town Commissioners, who mentioned that the whole board discussed this idea and concluded that they no longer had the objection. Commissioner Jacobs said that the recommendation from the Manager just asks that the Board commit to discuss and consider and it does not commit the Board to do it. In the interim, there can be a written expression from the Town about its intentions. He was part of the group, and the community group did support having tennis courts. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to confirm the proposed land swap as outlined and applicable to the approved Fairview Public Campus Master Plan; and commit to discusslconsider providing an alternative amenity instead of the tennis courts, as proposed by the Hillsborough Board of Commissioners, before the design and construction of the park facilities, and seek further clarification in writing from the Town Board as to what it wishes to pursue. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Resolution for Acceptance of Conservation Easement Donation (Penny} The Board considered a resolution approving the acceptance of a conservation easement for land awned by Wade and Carolyn Penny to protect open space and wildlife habitat adjacent to the New Hope Creek corridor and authorizing the Chair and Clerk to sign, subject to final review by staff and the County Attorney. Environment and Resource Conservation Director Dave Stancil summarized the information in the abstract. He pointed out the area on the map. The entire stretch of New Hope Creek is now protected, from Duke Forest to the Durham County line. The hope is that someday soon, the open space will connect to Jordan Lake. Because of the partnership and the grants and private contributions, all of this land in the rural buffer has been acquired and protected at a cost to Orange County of around $2,500 to $3,000 an acre. The Penny's have reached agreement with the County on the last portion of the conservation activity, for a donation of the conservation easement on the remaining seven acres of their land in Orange County. The County's only costs related to this would be the transaction costs, primarily the survey. He then read the resolution. Approval of a Conservation Easement between Orange County and Wade and Carolyn Penny WHEREAS, Orange County has adopted goals that promote the preservation of natural areas, wildlife habitat, farmland and open space in the County; and WHEREAS, Orange County established the Lands Legacy Program for the purpose of protecting the mast significant natural and cultural resources through partnerships with landowners and other conservation entities; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on lands that include natural areas, wildlife habitat and riparian buffers within water supply watersheds; and WHEREAS, Orange County, along with Durham County, the Town of Chapel Hill and the City of Durham, adopted the New Hope Corridor Open Space Master Plan in 1991; and WHEREAS, Orange Caunty is working in partnership with the Triangle Land Conservancy and the neighboring jurisdictions to protect the section of the New Hope Corridor between Erwin Road and the Durham County line, consistent with the master plan; and WHEREAS, Wade and Carolyn Penny sold a 23-acre portion of their New Hope Creek land to Orange County for conservation and low-impact recreational use in June 2006; and WHEREAS, Wade and Carolyn Penny wish to permanently protect the remaining 7 acres of their property located in Orange County with a conservation easement: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the conservation easement in the property awned by Wade and Carolyn Penny that is described in the conservation easement agreement; 2) approve the execution of this conservation easement agreement with Wade and Carolyn Penny, in accordance with the terms of the attached easement agreement, subject to final review by staff and the county attorney; and 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about February 28, 2007. BE IT FURTHER RESOLVED that the Board thanks the Pennys for their civic-minded interest in pursuing this conservation easement through the Lands Legacy Program. This the 23rd day of January, 2007. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve a resolution approving the acceptance of a conservation easement for land owned by Wade and Carolyn Penny to protect open space and wildlife habitat adjacent to the New Hope Creek corridor and authorize the Chair and Clerk to sign, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS b. Proclamation Acknowledging February as "Human Relations Month" The Board considered proclaiming the month of February, 2007 as "Human Relations Month" in Orange County and authorizing the Chair to sign. Civil Rights Specialist James Spivey said that Mr. Hendrickson, the Chair, was sick tonight. He said that each year the Human Relations Commission and the Department of Human Rights and Relations hosts events to acknowledge the month of February as Human Relations Month in Orange County. This year, there will be two events. A kick-off event will be an February 4t" at the Carrboro Century Center from 2:00-5:00 p.m. This year's theme is "Wealth, Color, and Class." There will be two speakers: Ms. Meizhu Lui, Executive Director of Americans United for a Fair Economy, and Ms. Erin Byrd, Executive Director of Southerners for Economic Justice. The second event is on February 25t"from 2:00-4:00 p.m. and will be the Pauli Murray Awards. This event will be held at New Hope Elementary School. James Spivey read the proclamation. HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, the Orange County Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote the ideal of social justice for all; and WHEREAS, the Orange County Human Relations Commission and Department of Human Rights and Relations have diligently served the County of Orange since 1995 are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance; and WHEREAS, the Orange County Human Relations Commission encourages Orange County residents, as individuals, to take a stand against social injustice and continue to work together to make freedom, justice, and equal opportunity available for all, WHEREAS, Orange County is committed to preserving the progress made thus far towards equality and leading the challenge far equal opportunity using all the means at our disposal. NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim February 2007 as "HUMAN RELATIONS MONTH" in Orange County and challenge our citizens to promote the ideology of social justice far all and to celebrate multiculturalism in our county by encouraging citizens to embrace our diversity. THIS THE 23'a DAY ©F JANUARY, 2007 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve proclaiming the month of February, 2007 as "Human Relations Month" in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS c. Resolution in Opposition to a Memorandum of Understanding fMOU) with Immigration and Customs Enforcement f ICE1 for Local Law Enforcement to Enforce Civil Immigration Laws The Board considered a resolution apposing the use of local law enforcement to enforce civil immigration law and policy and authorizing the Chair to sign. Human Rights and Relations Director Milan Pham introduced this item. She said that since September 11, 2001, the Country has taken a stance on immigration and domestic security. As a result, Homeland Security has increased its efforts to get local government to help and assist them in the process of enforcing immigration laws. Local police departments and sheriff departments have always had the right to enforce criminal immigration laws, but they have not been able to enforce civil immigration laws. She said that being in the country undocumented is considered a civil immigration violation. In 2003, the U. S. Congress tried to pass the CLEAR Act, which would have forced local law enforcement to enforce civil immigration law. Bi-partisan non-profit organizations across the country spoke out against this because they thought that it would clearly shift the responsibility from the federal government to state and local government. In 2006, the State Legislature passed the 2006 Technical Corrections Act, which now allows local governments to enter into agreements with the federal government to enforce civil immigration law, and would have virtually the same effect. The Human Relations Commission and the Commission for Women voted unanimously to ask the Board of County Commissioners to oppose Orange County entering into these MOUs, and to communicate with the County Commissioners' peers that they discourage this type of activity. Commissioner Nelson thanked Milan Pham for bringing this forward. He said that this was a very thorough report. Chair Carey pointed out that the CLEAR Act was not passed. Milan Pham read the resolution. A Resolution Opposing the Use of Local Law Enforcement to Enforce Civil Immigration Law and Policy WHEREAS, Orange County is committed to the human and civil rights of its residents and to actions that preserve and protect those rights; and WHEREAS, Orange County is home to a diverse population, including people of color, documented and undocumented immigrants, citizens and non-citizens, whose contributions to the community are vital to its character and function; and WHEREAS, the Board of Commissioners is committed to upholding the civil rights of all persons in Orange County and the enjoyment of any and all rights and privileges secured by the constitutions and the laws of the United States, the State of North Carolina, and Orange County; and WHEREAS, actions taken by the federal, state and local governments, including the adoption of sections of Senate Bill 1523, otherwise known as the North Carolina General Assembly's 2006 Technical Corrections Bill, now threaten the rights and freedoms of portions of Orange County's population; and WHEREAS, Senate Bill 1523 permits local government to enter into a memorandum of agreement with the Department of Homeland Security and Immigration and Customs Enforcement to have law enforcement deputized to enforce civil immigration law and policy; and WHEREAS, three (3) local governments, Mecklenberg, Alamance and Buncombe Counties, have chosen to enter into these voluntary memoranda; and WHEREAS, jurisdictions that have entered into these memoranda of agreement have experienced increased violence against Latino/Hispanic communities and increased incidents of reported racial profiling against people of color communities; and WHEREAS, Orange County government upholds the Constitution of the United States and federal and state laws and does not stand in defiance of those laws. NOW, THEREFORE, the Orange County Board of Commissioners does hereby resolve: Section 1. That we commit not to enter into a memorandum of agreement with Homeland Security to enforce immigration laws ar take any other action that might result in racial profiling or create a climate of fear and hostility far any community in the County. Section 2. That we encourage Orange County municipal governments to refuse to enter into memoranda of agreement with the Department of Homeland Security to enforce immigration laws. Section 3. That this resolution be forwarded to all Orange County law enforcement agencies, locally elected officials and to our state and federal legislative delegations on behalf of the residents of Orange County. This the 23rd day of January 2007. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve a resolution opposing the use of local law enforcement to enforce civil immigration law and policy and authorize the Chair to sign. VOTE: UNANIMOUS 7. Special Presentations-NONE 8. Public Hearings a. Amendment to the Flood Damage Prevention Ordinance The Board held a Public Hearing and considered an amendment to the Flood Damage Prevention Ordinance (FDPO) and Flood Insurance Rate Map (FIRM) into the Zoning Ordinance as a new overlay district. Planning Director Craig Benedict summarized this item. This ordinance was originally adopted in 1995 using a model ordinance provided by the state and federal governments. The original maps from FEMA have been used for 25 years and now these maps have been updated. The suggestion is to hold a public hearing to amend the existing ordinance. The maps would be effective February 2, 2007. The state and federal governments have asked the County to use the new maps so that it can remain part of the National Flood Insurance Program. The second part of the approval process, which will occur at a later date, is the actual incorporation of these maps into the zoning ordinance. This will involve changing the zoning text and making a zoning atlas amendment. There has been over a year of public outreach conducted by the National Floodplain Management Division that Orange County has participated in. He said that the maps have not changed very much. Commissioner Jacobs asked about the year of public outreach. Certified Floodplain Manager Glen Bowles said that it went back to 2004 when FEMA came out and there were two meetings that were advertised in the paper. He said in the last two years, he has sent out letters to citizens that own property in the floodplain. He said that Commissioner Jacobs does not have structures in the floodplain, so he would not have gotten a letter. He said that there was an outreach meeting on November 7t" and it was explained to owners on a lot-by-lot basis where the floodplain would change. About 20 people came to the meeting. Commissioner Gordon asked why this has not come to the Board as a public hearing before now. She said that there was a time when jurisdictions held public hearings and then voted on the same night, and she does not like this because the public was excluded. She would like to see the two separated. She asked that public hearings on major items be held on separate nights of the decisions. There was no public comment. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve an amendment to the Orange County Flood Damage Prevention Ordinance, to incorporate the new Flood Insurance Rate Map, effective February 2, 2007, and authorize staff to initiate the process to incorporate the Flood Insurance Rate Maps {FIRMS} into the Zoning Ordinance as a new overlay district and to incorporate the FDPO in the Zoning Ordinance by reference. Commissioner Jacobs said that his second was with the understanding that he agrees with Commissioner Gordan's statements about public hearings and the process. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Development of Orange County Transfer Station The Board considered accepting a report on the January 18~" landfill community meeting and discussing and providing direction to staff regarding a location far an Orange County Transfer Station. Solid Waste Director Gayle Wilson reviewed how the landfill community meeting went. The meeting was January 18t" at the Faith Tabernacle Oasis Church of Love on Rogers Road. He said that he explained the background and the specifics of a transfer station. A summary of the comments is shown below: Meeting Summary Landfill Neighborhood Community Meeting January 18, 2007 Comments were received on the following topics during the meeting and have been grouped for ease of consideration. A complete listing of citizen questions and comments are available upon request. Current Landfill Issues Traffic: speed limit on Rogers and Eubanks Road easier ID of speeding government collection vehicles by placing a big number on the sides of the trucks, two feet high, so that it is easily seen and reported Eubanks Road needs to be 3 lanes Odor: • concern about the odor being bad for your health • neighbors don't deserve the odor. • the pungent order that exists out there is awful • how long will the landfill smell after it closes Groundwater: • concern about the water contamination Other Solid Waste Facilities/Services to Remain: • what other landfills will remain open on Eubanks after this landfill unit closes Potential Transfer Station Issues Past Promises/Unfair: • getting dumped on again • political decision targeting less influential voices • taking path of least resistance • Eubanks Road operations will never be closed • do past promises mean anything • much of the original land is being developed in this area ProcesslCriteria for Site Decision: • minimal size of property needed • why were the other sites ruled out • haw many other sites were/are being considered • criteria for selection of final site • how can you know the Eubanks Road site is best if you don't know the location of the landfill you're hauling to • are you really considering other sites • can neighbors really do anything stop the transfer station from coming to Eubanks Road • will other sites being considered be announced before a final decision • are Towns involved in decision making -can't vote for Town officials • are non-monetary costs being considered • why was Durham ruled out Traffic: • will driveway surface in and out of new facility be paved • is a right turn lane into the new facility being considered • concerned with lack of improvements to Eubanks Road caused by the new developments • interested in speed bumps on Rogers Road • ban trucks traveling to transfer station from using Rogers Road • initially 12-15 additional roundtrips per day impact; how many in 5 years • consider sidewalks on Rogers Road • too much traffic with recent development without bringing in more traffic Other Solid Waste Services/Facilities to Remain: • any other solid waste operations that will be disturbed by the transfer station other than the convenience center • will the C&D landfill and hazardous waste landfills remain open when the transfer station opens C~peratians: • number of collection truck loads that will fit into a transfer truck • will trash be compacted into the transfer trucks • will the trash dumped at the transfer station be sorted for recyclables • will all of the waste be transferred out each day or stored in transfer station or a truck Environmental: • if trash is dumped on concrete, how do you control substances getting into the water • can EPA do an environmental impact study • how will rodents be controlled • concerned about leaking trucks when they are outside of the facility Sanitary Sewer: • for years you've said na sewer in the neighborhood unless you want it; is that an accurate observation Litter: • concerned about trucks pulling aver down the road and putting tarp on just before entering transfer station • who will monitor uncovered trucks • will sheriff or state patrol be responsible for uncovered trucks • concerned about litter from uncovered trucks • what is law an covering hauled loads Gayle Wilson said that he had a complete listing of all of the comments for anyone that would like to have them. Chair Carey and Commissioner Foushee attended the meeting also. Chair Carey said that he appreciated the residents that came out to share their views. He said that he did inform the residents that there was another possible site far this transfer station under consideration as well. He said that he did let them know that this will be a Board of County Commissioners' decision. He said that they tried to address the issue of not having a 24-hour patrol by law officials in this area for trucks that do not always use tarps. Commissioner Foushee said that she was pleased that the conversation remained civil that night and that Gayle Wilson did a good job explaining the process and how a transfer station works. She said that there were concerns about issues over which the County does not have jurisdiction, such as the speed limit. There were questions about the possibility of placing speed bumps on Rogers Road. She thinks it is the County Commissioners' responsibility to ensure that those concerns over which the County has no jurisdiction are explained and that there is a way to transfer that information to those who do have jurisdiction. Chair Carey said that he informed the group of aprocess -the Town of Chapel Hill is doing a small area study for the Rogers Road area -and this might provide an additional opportunity to address some of the concerns that were raised. He is the County's representative on this group. Commissioner Jacobs thanked staff, Chair Carey, and Commissioner Foushee and he suggested that it might be useful for staff to attempt to answer these concerns and clarifications about what is in the County's purview and what is not. He challenged staff to come up with creative solutions to some of these concerns. He gave an example of the rock quarry and the discussing of having American Stone contribute to a deputy to patrol the trucks. This kind of arrangement might be worth considering in this situation. Chair Carey asked staff to come back with answers to concerns and clarifications on the issues that are or are not within the County's jurisdiction. Chair Carey said that the County Commissioners need to provide guidance to staff on the next steps. The staff is supposed to come back to the Board on February 7th with the analysis report, comparing the remaining two sites. The Board agreed. b. Orange County's Proposed 2007 Leclislative Agenda The Board considered reviewing, discussing, and approving potential items for inclusion in Orange County's legislative agenda package for the 20Q7 North Carolina General Assembly Session for presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly. Chair Carey thanked Commissioner Nelson and Commissioner Gordon for working an this agenda. Commissioner Nelson thanked staff for information gathered and said that they reviewed dozens of legislative issues and decided to keep the list short and focused since there is so much clutter in the legislature. This list includes priorities listed as tap priorities of the NCACC and TJCOG. A funding request far the value added processing center was included of $15,000 for a study, which would benefit the agricultural community. Commissioner Jacobs said that there was a bill that was introduced about how subdivision lots are counted. The County Commissioners opposed this previously. He asked Commissioner Nelson if they opposed it this time. Commissioner Nelson said that they did discuss that bill. He would want to oppose it again. Commissioner Gordon said that they wanted to try and keep up with what the legislature was doing, but if this bill surfaces, then the County Commissioners can weigh in then. Chair Carey said that he does not remember this bill being discussed this year by the NCACC, but the policy statement of the NCACC gives guidance to the staff to oppose any bill like this if it tames up. This is why the NCACC has asked counties to appoint a legislative liaison. Geof Gledhill said that it is in the defensive goals and priorities of the Triangle J Council of Governments. Laura Blackman said that the NCACC lobbying staff is going to be holding weekly conference calls with local government staff to monitor the process of the legislative agenda. The staff can alert the County Commissioners when a defensive stand needs to be taken. Commissioner Jacobs said that he appreciated them bringing up the value added processing center, but he is perplexed because the County has gotten contributions already from three other entities and this is a tiny amount of money. He wondered why this should ga to the legislature. Commissioner Nelson said that the group looked at other alternatives, but he saw this as an appealing request. He said that this is the kind of thing that the legislation likes to fund. Commissioner Jacobs said that he does not know what to say to a Durham ar Alamance County Commissioner when they offer their money for this. If there were same way to do this on a parallel track he would support this. Chair Carey said that there are plans to meet with the ChairslVice Chairs of the Chatham and Alamance Commissioners to see what they think. Commissioner Jacobs suggested that another funding request go to the legislature -the Heritage Center. The location of the facility could be taken out and the County could ask the State to match the funding for the library. This will allow for two items an the table for funding. Commissioner Gordon said that they did not ga with the Heritage Center originally because the proposal was incomplete and not fleshed out. Commissioner Nelson asked about the timeline far the space needs study and Laura Blackmon said that staff will be coming back an January 30th to talk about the projections for the space needs. Commissioner Nelson asked if the Heritage Center could be fleshed out by then and Laura Blackmon said yes. Commissioner Foushee said that it might be fruitful to run these projects parallel. Commissioner Gordon said that she thinks that the County Commissioners should make a general comment to the legislature to alert them about the alternative modes of transportation that do not have any adequate funding streams. She has no problem with considering more than one project, but she just wants it to be viable and fleshed out. Chair Carey said that he has heard from at least three Commissioners to go forward with the feasibility study for the value added center, the Heritage Center, and perhaps transportation alternatives. Commissioner Gordon and Commissioner Nelson will flesh out the alternative transportation project. The Board agreed. Geof Gledhill pointed out that with the money items, there is flexibility and no time limits on these. Laura Blackmon reminded the Board that there is a Legislative Delegation Breakfast an February Stn Chair Carey made reference to the sales tax exemption for OWASA and asked about incorporating this. Commissioner Gordon said that the wording would be important. Geof Gledhill suggested just saying OWASA and then there is no risk of being misunderstood. Commissioner Jacobs said that every year he has been on the Board, there was a public hearing on their legislative agenda, but not this year. Chair Carey said that the legislative delegation has specifically asked that the County have public hearings in the past. Commissioner Nelson said that this was discussed, but other jurisdictions in the area do not have public hearings. Commissioner Gordon said that she remembers discussing this in December and the County Commissioners told the staff to fonrvard the items to the Chair and the Vice Chair at agenda review and get the interpretation of whether there should be a public hearing. Chair Carey said that it is a good idea to have public hearings on legislative agenda items and this should be done in the future. Commissioner Gordon suggested having a public hearing on this on February Otn A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve potential items (3} and amended sales tax item to include OWASA for inclusion in Orange County's legislative agenda package for the 2007 North Carolina General Assembly Session for presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly and to hold a public hearing on February 6tn VOTE: UNANIMOUS c. Preliminary Plan Modification for Lots 22-26 of Ashwick Subdivision The Board received the Administration and Planning Board recommendations and considered making a decision concerning the modified preliminary plan for Lots 22 - 26 of the Ashwick Subdivision. Current Planning Supervisor Robert Davis said that this is a request to modify the preliminary plan for five lots in this subdivision. This S8-lot subdivision was approved in May 2001, and the lots were platted in two phases. At some point later on, building permits were issued far two of the lots, and the other three lots belong to the builder. There was a request close to a year ago for an accessory structure to be built on the rear of one of the lots, and one of the platting requirements for the subdivision when it was initially approved is that there has to be a 100-foot building envelope buffer along the perimeter of the subdivision. In the 100-foot building envelope, approximately 40 feet of that is in common-owned open space, and the remaining portion is in the individual lots 22-26. This 100-foot buffer prohibits building of any structures. All of the owners in the subdivision have signed that they are knowledgeable of this request and have agreed to allow this to come to the Board far consideration to modify the 100- foot buffer down to 75 feet. The Planning Board voted 9-1 and asked the staff to look into doing a potential text amendment to avoid these situations, which are all over the County under the current rules. Commissioner Jacobs said that he does not feel comfortable doing this after looking at the Planning Board discussion and comments from the builder. He thinks that people using the front yard setback and going to the Board of Adjustment is a much mare reasonable approach. He would prefer this route rather than setting a precedent and encouraging other people to do the same. Commissioner Gordon said that she has the same concerns as Michelle Kempinski an page 9 from the Planning Board about setting a precedent for other developers and residents, and she feels uncomfortable about this. She said that she always reads the Planning Board comments and she thinks that it would be a mistake to approve this. Commissioner Nelson agreed and said that when you take an action, you do set a precedent. He asked for any other creative solutions. Robert Davis said that going to the BOA was a suggestion. At this time, under flexible development, there is already a 30-foot minimum front yard and a 15-foot side yard. There are three criteria for the BOA -whether there were previous platting requirements, topographical issues, and any public taking. None of these three are met for the BOA to grant a waiver or a variance. Commissioner Nelson asked if the definition of variance was set under state statute and Geof Gledhill said that the County's standards are the ones in the State statutes, and one of the important requirements in the variance is that there be a hardship that is not created by the owner and is unique to the property. Craig Benedict said that the County's setbacks have to do with structures with roofs. He said that there could be an amendment in this case to allow patios, which would be non-roofed structures. This would not set a precedent. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to refer this item back to staff for creative solutions. VOTE: UNANIMOUS d. Library Services Task Force -Charge and Appointments The Board considered establishing the charge and formalizing appointments to the Library Services Task Force as follow up to the BOCC discussion from its meeting on December 12, 2007. Library Services Director Brenda Stephens said that the staff is ready to take direction. Commissioner Nelson made reference to the proposed charge, the 5th bullet, "Report its recommendations to the BOCC in context of capital investment program planning for FY 2007- 08 and future years." He asked what is meant by "in context of the capital investment program." Laura Blackmon said that the County already has a CIP that the Board has approved, and they would like the task force to look at the recommendations in context of the CIP that the Board of County Commissioners has already established. She said that the task force should look at all of the recommendations and not to make a recommendation outside of the other parameters that have already been established. Commissioner Nelson said that he thought the recommendations from the 2004 report were really good, and he thinks that there would be a lot less angst in the community if the timeline were clarified. Commissioner Gordon made reference to the recommendations from 2004 and said that she wants to make sure that the task farce is going to look at all of the reports and recommendations. Commissioner Jacobs said that there are four groups that there are no names for - Friends of the Cybrary, Chapel Hill Library Friends, Archival Task Force, and the Town of Hillsborough. He said that he called Commissioner Gering, who served on the task force previously, and Commissioner Gering thought that he had indicated that he would serve on this. Somehow this was not communicated. His name will be added. Commissioner Jacobs suggested approving the group with the understanding that when people come fonrvard from specific groups, that they can come to the meeting and be appointed later. The Board agreed. Laura Blackmon made reference to page 32, which is the 2004 recommendations and response from staff. Commissioner Gordon pointed out that there would be five friends groups, including the Friends of the Chapel Hill Library. Brenda Stephens pointed out that the other four were the Cybrary, CarrboralMcDougle, the main library, and Cedar Grove. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve establishing the charge and formalizing appointments, with the addition of the Chapel Hill Friends group to the composition and addition of Mike Gering as representative from the Town of Hillsborough, to the Library Services Task Force as follow up to the BOCC discussion from its meeting on December 12, 2007. VOTE UNANIMOUS e. Appointments 1) Hollow Rock Park Planning Committee The Board considered making appointments to the Hollow Rock Park Planning Committee. Commissioner Jacobs volunteered to be the BOCC representative. He also suggested appointing Judson Edeburn as an ex-officio staff member. Commissioner Gordon said that if the Board wanted to appoint two elected officials, she would like to be the second one. She said that she thinks that the people from the Recreation and Parks group and the Commission for the Environment should definitely be appointed. Commissioner Foushee nominated Gail Boyarsky. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint Ingrid Medcalf (Recreation and Parks Advisory Council), Gail Boyarsky, and Dawn Santoianni (Commission for the Environment}, with Judson Edeburn as ex-officio staff. Commissioner Jacobs would be the BOCC and Commissioner Gordon would be the alternate. VOTE: UNANIMOUS 2) Commission for Women -NewAppaintments The Board considered making appointments to the Commission for Women. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to appoint the following to the Commission for Women. Position Number Representation Date Potential Appointee 1 Non-CHIHiIIs. Townships 6/30/2007 Mary Currie 2 Hillsborou h Townshi 6/30/2007 4 Chapel Hill Township 6/30/2009 Judythe Dingfelder 7 At-Large 6130/2008 Passion Jones 9 Cha el Hill Townshi 6/30/2008 Jennifer F e 14 Chapel Hill Township 6/30/2009 Eleanor Ivey 15 Non-Chapel HiIIlHills. Township 6/30/2009 Anita Thompson 16 Hillsborou h Townshi 6/30!2008 18 At-Large 6/30/2008 Thelma Perkins 19 At-Large 6/30!2008 Dr. Dawn Brezina VOTE: UNANIMOUS ~, Smith Level Road Task Force The Board considered making appointment{s} to the Smith Level Road Taskforce. Commissioner Gordon volunteered to be the Board's representative on the Smith Level Road Taskforce. The Board agreed by consensus. 10. Reports-NONE 11. Closed Session-NONE 12. Adiournment- With no further items to discuss, the meeting was adjourned at 10:36 p.m. Moses Carey, Jr., Chair Donna S. Baker Clerk to the Baard