HomeMy WebLinkAboutMinutes - 20070313
APPROVED 4/24/2007
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
March 13, 2007
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, March
13, 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, and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: 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.
1. Additions or Changes to the Agenda
Chair Carey announced that Commissioner Nelson was ill and could not attend this
meeting.
Chair Carey went through some information at the County Commissioners' places.
The blue sheet was a memo from Carrboro Mayor Mark Chilton regarding the proposed
transfer station.
There was also some information from Sheriff Pendergrass related to the jail inspection
report.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Loren Hintz said that he is petitioning the County Commissioners on behalf of the
OrangelChatham Sierra Club. He said that the Sierra Club hopes that the County will join with
the towns in supporting the U. S. Climate Protection Agreement. He read the rationale for the
County to support this agreement, as follows:
"We request that Orange County Commissioners continue to demonstrate their
leadership on environmental issues by signing onto the U. S. Mayors Climate Protection
Agreement.
We are aware that the Commissioners adopted an Environmental Responsibility Goal
and that the priorities for its implementation are forthcoming. We therefore ask that in addition
to signing the `agreement', you take a specific action that will demonstrate a commitment to
fulfilling both the Environmental Responsibility Goal as well as the U. S. Mayors Climate
Protection Agreement.
Our suggestion for such an action involves retrofitting the older schools in the Orange
County and Chapel Hill-Carrboro City School systems and other County buildings to be more
energy efficient. This action will shave that our local government is an example of environmental
responsibility. In addition, this action can be used to educate young students who represent the
next generation of environmentally responsible citizens.
Global warming and energy are top priorities of the Sierra Club at the national, state, and
local level. The "Cool Cities" campaign of the Sierra Club, where municipalities have signed the
U. S. Mayors Climate Protection Agreement is how many local leaders are taking the lead to
curb global warming. The agreement includes a commitment to reducing carbon dioxide
pollution to 7 percent below 1990 levels by 2012.
More than 200 mayors in 38 states have signed this agreement. The "Coal Cities"
campaign has focused to date on cities and towns, but is now including other governmental
entities such as counties. Our goal in Orange County is to have all the governments sign onto
this agreement. To date Chapel Hill and Carrboro have signed the agreement and UNC-Chapel
Hill has signed the American College and University Presidents Climate Commitment."
Chair Carey said that this item will be considered at a subsequent meeting.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Board Comments
Commissioner Foushee said that she was able to attend the dedication of the OCS
Partnership Academy last Sunday. She congratulated the former and current OCS Boards of
Education on this project.
Commissioner Foushee said that there was a meeting of the Ena EDD Task Farce and
they looked at the permitting process far Durham and Chapel Hill. The next meeting is April
16t". The issue will be transportation.
Commissioner Jacobs said that in late February he met with Senator Ellie Kinnaird and
Agriculture Commissioner Troxler to discuss the value-added processing center proposal and
how the County is pursuing apublic/private partnership.
Commissioner Jacobs said that there was also a Library Services Task Force
reconvening meeting. In the interim, there will be a proposal coming forward to the Board of
County Commissioners to fund a consultant to do a 3-5 year strategic plan far library services.
Commissioner Jacobs said that he and Commissioner Gordon attended the
Intergovernmental Parks Work Group meeting, and soccer was discussed.
Commissioner Jacobs said that he, Chair Carey, and the Manager met with the
Chatham County Commissioners' Chair, the Mayor of Pittsboro, and the Manager of Chatham
County. They discussed mutual interests and agreed to have staffs work to arrange a joint
meeting to discuss transportation and open space before budget season. The Mayors of
Chapel Hill and Carrboro will also be invited as well as the Director of OWASA.
Commissioner Jacobs said that on March 15t, the Budget Director talked about how there
was a movement in the legislature to provide tax relief in an arbitrary manner, which would not
be replaced by other funding sources from the State. He said that the same thing is happening
in Florida. He said that the county and state legislatures are freaking out because same places
are losing $16 million because of this. He said that the Republican leadership will not even
discuss it with the Democrats. He asked Greg Wilder to find out from the National Association
whether this is a national movement.
Commissioner Jacobs said that he received an email today from someone who is
reporting some discrimination, threats, and violence against Latinos at Cedar Ridge High
School. This person has brought this to the attention of law enforcement and the school
system. He asked the Manager to find out more details.
Commissioner Gordon made reference to the comments from the Sierra Club and said
that it would be worthwhile to act on these environmental concerns.
Commissioner Gordon said that she attended the NACo legislative conference and she
said that there was some interesting information about federal funding for transportation for the
next legislative session in 2009. There have been hearings on transportation around the
country and there will be more hearings. One of the issues being brought up in testimony is
whether the federal government should decrease its role in federal funding for transportation, or
do its fair share. There is also a lot of talk about public/private partnerships.
Chair Carey said that he represented the Board at the Local State of the Economy
Breakfast this morning. He said that there is still a lot of work to be done to achieve the goals of
the number of new jobs over the next five years and the square footage of commercial space.
This information from the breakfast is on the County's website, under the Economic
Development Department.
Chair Carey made reference to the Manager's Memo of February 215c and said that he
did not hear any comments from the Board on the concept plan proposal for the partnership for
the West Ten Soccer Complex. In one of the documents, the action that was requested was, if
there was no objection to the course of action, then staff would move forward. He thinks that
the Board should clarify with the staff so that they will know how to move forward. His intent is
to move forward.
Commissioner Jacobs said that he has not been here to read it and Commissioner
Gordon said that she made her comments. Chair Carey said that his intent is to move forward
with the concept plan.
Chair Carey commended staff for the efforts to educate the eligible public about the
Homestead Exemption.
Chair Carey said that the quarterly memorandum from OWASA reflects the efforts to
protect the County's water supply. He said that the County Commissioners received a letter
from the OWASA Board Chair in reference to securing two easements. He knows that the staffs
are working together. The staff will be bringing some information forward.
Commissioner Jacobs suggested that the County could offer OWASA a payment plan.
4. County Manager's Report
Laura Blackmon said that part of the orange fencing has been removed around
Stillhouse Creek. The staff is looking to secure a grant to put in a split rail fence.
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve those items on the consent agenda as stated below.
a. Minutes
The Board approved minutes from January 30 and February 6, 2007 as submitted by the Clerk
to the Board.
b. Appointments -None
c. Budget Amendment #9
The Board approved budget ordinance amendments and grant project ordinances for fiscal year
2006-07 for Department on Aging, Department of Social Services, Emergency Management
Services, Health Department (Smart Start Grant Projects), Solid Waste Enterprise Fund
Equipment Financing, Sheriff's Department, and Criminal Justice Partnership.
d. Property Tax Refund
The Board adopted a refund resolution, which is incorporated by reference, related to one (1)
request far properly tax refund in accordance with N.C. General Statute 105-381.
e. Property Tax Releases
The Board adapted a resolution, which is incorporated by reference, to release property values
related to two (2) requests for property tax release in accordance with N.C. General Statute
105-381.
f. Authorization to Debut Live Casting of BOCC Meetings
The Board authorized live casting of its regular meetings from Southern Human Services Center
to begin March 27, 2007.
,g_ Request for Social Services to Use Facility on Valley Forge Road
The Board authorized the use of the building for DSS programs as outlined in the abstract, and
authorized the Manager to sign a contract far architectural services with a firm that will be
selected fallowing a short selection process.
h. Agreement Renewal Between Chapel Hill Training and Outreach, Inc. and Health
Department for Social Worker II
The Board approved an agreement renewal between Chapel Hill Training Outreach, Inc. and
the Health Department for the support of a Social Worker II position for the Early Head Start
Program and authorized the Chair to sign subject to final review by the County Attorney.
i. Agreement Renewal Between UNC Hospitals and Orange County for the Senior
Wellness Program
The Board approved the agreement renewal to receive $25,000 from the University of North
Carolina (UNC} Hospitals for their co-sponsorship of the Department an Aging's Senior
Wellness Program from July 1, 2006 -June 30, 2007; and authorized the Chair to sign subject
to final review by staff and the County Attorney.
L Little River Park Bike Trail Agreement Renewal
This item was removed and placed at the end of the consent agenda far separate consideration.
k. Legal Advertisement far Joint Planning Public Hearing -April 26, 2007
The Board approved the proposed April 26, 2007 Joint Planning Area Public Hearing legal
advertisement, which includes anon-public hearing item regarding the Carrboro Northern Study
Area moratorium.
I. Regional Value-Added Processing Center -Feasibility Study Appropriation and
Contract Approval
This item was removed and placed at the end of the consent agenda far separate consideration.
m. Resolution Authorizing the County to Administer a Potential Grant from the NC Clean
Water Management Trust Fund -Upper Eno Watershed
The Board adopted the resolution, which is incorporated by reference, authorizing the Manager
and staff to execute and perform the obligations required of a recipient of a grant from the NC
Clean Water Management Trust Fund should grant funds be awarded for acquisition of the
Stollings property.
n. Grant Application for Haw River Access
The Board confirmed the application submitted by the Chair on behalf of the Board fora 2007
National Recreational Trails Program Grant application to gain funds for the acquisition of land
far a public canoe access area along the Haw River.
o. Approval of Contract Amendment: Design Services Central Orange Senior Center
This item was removed and placed at the end of the consent agenda far separate consideration.
,~ Request for Temporary Construction Access at Skills Development Center
This item was removed and placed at the end of the consent agenda for separate consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
L Little River Park Bike Trail Agreement Renewal
The Board considered renewal of a Memorandum of Understanding {MOU) between
Orange and Durham Counties and a Mountain Bike Organization for the purpose of continuing
the establishment and maintenance of mountain bike trails at Little River Regional Park; and
authorizing the Manager to sign.
Commissioner Jacobs commended staff on a job well done on this with brochures and
volunteers. He pointed out that the annual visitor count is over 30,000. He reminded everyone
that there are no more remote locations in Orange County. There were some people who
thought that the Little River Regional Park was too remote and no one would go there. He said
that it is well-used and considered part of the neighborhood.
A motion was made by Commissioner Jacobs, seconded by Commissioner Faushee to
approve renewal of a Memorandum of Understanding (MOU} between Orange and Durham
counties and a Mountain Bike Organization for the purpose of continuing the establishment and
maintenance of mountain bike trails at Little River Regional Park; and authorize the Manager to
sign.
VOTE: UNANIMOUS
I. Regional Value-Added Processing Center -Feasibility Study Appropriation and
Contract Approval
The Board considered appropriating $2,500 and approving a contract for a feasibility
study for an agriculture products regional value-added processing center; and authorizing the
Chair to sign, contingent upon review by the County Attorney.
Cammissianer Gordon wanted to highlight this center. She said that the abstract says
that the contract will be signed and full funding for the studies obtained. She does not
understand how the County will get full funding.
Laura Blackmon said that there are a couple of entities that have yet to be heard from. If
the full amount is not received, the staff will come back to the Board. There is only $3,000 left
to fund.
A motion was made Commissioner Gordon, seconded by Commissioner Jacobs to
approve a contract for a feasibility study for an agriculture products regional value-added
processing center; and authorize the Chair to sign, contingent upon review by the County
Attorney.
Cammissianer Jacobs said that Commissioner Ingalls from Alamance County called him
to say that he has discussed this with Representative Coble, who is very interested and
enthusiastic.
VOTE: UNANIMOUS
o. Approval of Contract Amendment: Design Services Central Orange Senior
CenterThe Board considered approving an amendment to the contract for design services
associated with the Central Orange Senior Center with Corley Redfoot Zack in the amount of
$400,160; and authorizing the Chair to sign.
Commissioner Gordon asked if these items are still within the budget and Purchasing
and Central Services Director Pam Jones said yes.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve amending the contract for design services associated with the Central Orange Senior
Center with Corley Redfoot Zack in the amount of $400,160; and authorize the Chair to sign.
VOTE: UNANIMOUS
,~ Kequesi ror i emporary uonstruciion Wccess at aKiiis ueveiopment teenier
The Board considered allowing temporary use of an approximately 5-10 foot strip of land
at the rear of the Skills Development Center property to facilitate construction on the adjacent
property; and authorizing the Manager to sign the agreement.
Commissioner Gordon asked if there would be any negative impacts on the Skills
Development Center. Pam Jones said that this is a limited area and there will be no impact on
the function of the center. The parking will not be impacted either. The owner will clean up the
debris and put Orange County's fence back when the work is completed.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve allowing temporary use of an approximately 5-10 foot strip of land at the rear of the
Skills Development Center property to facilitate construction on the adjacent property; and
authorize the Manager to sign the agreement.
VOTE: UNANIMOUS
6. Resolutions or Proclamations-NONE
7. Special Presentations
a. Jail Inspection Report
The Board received the jail inspection report for January 26, 2007 from the North
Carolina Department of Health and Human Services.
Chair Carey said that this item was put on the agenda primarily for the media attention
on the number of federal prisoners. He said that the contract with the federal government does
not pose a problem to Orange County prisoners or to the public. The Sheriff has provided
information to the Board about this issue. He said that he toured the jail when he was on the
grand jury in 2005, and the conditions were good.
Commissioner Jacobs thanked the Sheriff for this information and he said that this
information should be given to the media. He said that he thought the Sheriff had good
comments such as on page 3 regarding mental health needs. He said that this is another
unfunded consequence of mental health reform.
Sheriff Pendergrass said that he appreciates the Board of County Commissioners'
support. He said that they can not control how many people will show up at the jail. He
believes that the jail is safe. Regarding mental health, there is a psychologist that comes in four
nights a week.
8. Public Hearinas
a. Orange County Housing Rehabilitation Community Development Block
Grant Program
The Board received comments from the public concerning the FY 2007 Housing
Rehabilitation Program for Orange County; and considered authorizing the staff to proceed with
development.
Housing and Community Development Director Tara Fikes introduced this item. She
said that every three years the Department of Commerce makes $400,000 available to counties
in grant funds for rehabilitation of substandard housing. Orange County has received these
funds in 2001 and 2004, and it is now Orange County's turn to receive the funds again. Eligible
properties are for those with incomes at or below 50°~ of median income, and they must own
and occupy the home. The home must be deteriorating. In order to apply for funds, the County
must hold two public hearings.
Commissioner Jacobs verified that this is separate from the Urgent Home Repair
Program. The County now funds the Urgent Home Repair Program. Tara Fikes said that mast
of these applicants have to be elderly and disabled and must have an urgent problem that
threatens health and safety.
Commissioner Jacobs said that many people in Orange County are living without indoor
plumbing and he asked that Tara Fikes and the Health Director give a brief report on what the
County is doing about this and have it available at the next public hearing.
No public comment
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
authorize the staff to proceed with application development, with the inclusions as stated by
Commissioner Jacobs.
VOTE: UNANIMOUS
b. Annual Public Housing Agency iPHA) Plan -Section 8 Housing Program
The Board conducted a public hearing and considered approving submission of the
Annual Public Housing Agency Plan for the Orange County Housing Authority; and authorizing
the Chair to sign.
Tara Fikes also introduced this item. HUD requires that every year the County submit a
Public Housing Agency Plan, which outlines how the County plans to operate the Section 8
program. There are approximately 600 people on the waiting list. HUD provides a template for
this plan and there are not any major changes recommended to this for the next fiscal year.
The administration plan may be amended to allow group home residents to remain on the
waiting list, and a Section 8 homeownership program may be implemented. The public
comment period is open for 45 days.
Commissioner Jacobs asked Tara Fikes to keep the Board of County Commissioners
informed about Section 8 legislation sa the County Commissioners can speak to the legislative
delegation.
No public comment
Tara Fikes asked the Board of County Commissioners to keep the public hearing open
until the next County Commissioners' meeting on March 27th. This item will be brought back at
a subsequent meeting.
c. Proposed Secondary Road Construction Programs for 2aa6-20x7 and 2aa7-
2aas
The Board considered discussing and receiving comment an North Carolina Department
of Transportation's Proposed 2006-2007 Secondary Roads Construction Program and
Proposed 2007-2008 Secondary Roads Construction Program for Orange County.
Planning Director Craig Benedict said that, besides this being atwo-year program, the
funding from the original 2005-2006 program has increased in funding 386°~ from $250,000 to
over $1.3 million. There is also another 95°~ increase from the 2006-2007 plan.
NCDOT District Engineer Mike Mills introduced his staff -Deputy Division Engineer Mike
Cowan, Division Maintenance Engineer Brad Wall, District Engineer Chuck Edwards, and
County Maintenance Engineer John Howe.
Mike Mills said that several years ago there was a cash flow issue and they skipped the
06-07 year. This plan includes two years worth of programming. This will get the County back
on schedule. He read the list of projects.
2007-2008 SR Construction Program:
1. Gold Mine Road
2. Breeze Road
3. Hackney Road
4. Laurel Ridge Road
5. Virginia Cates Road
6. 5am's Road
7. Clyde Hogan Road
8. Holmes Road
9. Janes Grove Church Road
10. Burton Road
11. Lib Road
12. Teer Raad
13. Preston George Road
14. Friendship Road
15. Jimmy Ed Road
16. Mt. Carmel Church Road
2006-2007 SR Construction Program:
1. Walker Farm Road
2. Doc Corbett Road
3. Shanklin's Dead End Road
4. Bradsher Road
5. Orange Crossroads Church Road
6. McBroom Road
7. Service Road
8. Stewart Farm Road
9. Woodland Drive
10. Stansbury Road
11. Gold Mine Road
Mike Mills said that Mt. Carmel Church Road has a lot of traffic with somewhat narrow
pavement and no shoulders. The proposal is to improve this road with widened shoulders and
intersection improvements. This will cost about $475,000.
Commissioner Jacobs thanked Chuck Edwards for his participation in the Cornelius
Road project. He asked about Walker Farm Road and said that there were some citizens that
did not want to give the right-of-way. He asked if these were the same people that want to give
the right-of-way now and Mike Mills said yes. There is an agreement to save as many trees as
passible.
Commissioner Jacobs asked about the trust fund safety improvements for Mt. Carmel
Church Road. He asked how DOT determines which roads get top priority for safety road
improvements. Mike Mills said that he has received calls from Chapel Hill about this road and
there have been some accidents. He said that they are going to start concentrating an the
secondary paved system. Some of the considerations are accident history, runoffs, narrow
shoulders, amount of traffic, etc. He said that mare information will be coming back to the
County Commissioners about the paved road program and NCDOT welcomes comments from
the Board of County Commissioners and the public.
Commissioner Jacobs said that the Fire Chief's Council is a good place to start for
suggestions on the trouble spots in the County.
Clerk.
Commissioner Gordon asked for the secondary road list. This was distributed to the
PUBLIC COMMENT:
Guy Miller is a resident of Breeze Road. He is in support of having this road on the list.
He signed up to speak in case there was someone that objected to this road being on the list.
He said that the residents of Breeze Road appreciate Chuck Edwards meeting with them to
discuss this road.
Loren Hintz said that he has not seen details, but he wants to make sure that there are
mare wide shoulders and how the roads tie into the local bike routes. Specifically on Mt. Carmel
Church Raad, he said that there is potential far people getting through this area without using
cars. He said that there is a sidewalk on only one side of the road at 15!501, and this should be
made safer for pedestrians and bicyclists.
Mike Mills said that, regarding Mt. Carmel Church Road, NCDOT cannot buy a whole
lot of right-of-way, and the plan is to put atwo-foot paved shoulder on this road. It will not be a
bicycle route, but bicycles can ride on the shoulders. He said that he would look at the
intersection of 151501 regarding the sidewalk. There are no detailed designs yet.
Commissioner Gordan asked when designs would be ready and Mike Mills said that it
would probably be this summer and it would be let out for contract in spring 2008.
Commissioner Jacobs suggested looking at purchasing additional right-of-way where it
is a safety issue. Mike Mills said that small isolated locations could be addressed in this way.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve the 2006-2007 and 2007-2008 Secondary Roads Construction Programs for Orange
County as presented by NCDOT.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Approval of Chapel Hill Carrboro City Schools iCHCCSI Elementary #10
Including Infrastructure to Twin Creeks Park
The Board considered approving funding far Chapel Hill-Carrboro City Schools
Elementary #10, including water and sewer infrastructure for Twin Creeks Park.
Budget Director Donna Coffey said that the total project cast is $24.3 million. Funding
for the project is set to come from alternative financing, which will be done this spring of $23.3
million, and the school system has offered to use $500,000 in fund balance and $500,000 in
pay-as-you-go funding from 2008-2009. The anticipated debt service is just over $600,000,
which is just over'h cent on the tax rate.
Chair Carey said that this item has been discussed at previous Board of County
Commissioners' meetings at which the CHCCS brought forth its recommendation to close the
gap in funding.
Donna Coffey said that the recommendation is to approve funding far Chapel Hill-
Carrboro City Schools Elementary #10 including water and sewer infrastructure for Twin Creeks
Park at $23.3 million; approve the CHCCS Board of Education plan for funding, from the
district's revenue stream, the additional $1 million required to complete construction of
Elementary #10; and request the CHCCS Board of Education engage County staff including Jeff
Thompson in active value engineering of Elementary #10.
Commissioner Jacobs asked CHCCS Chair Jamezetta Bedford to come forward. He
read from the abstract, "Commissioners further agree to allow CHCCS Board of Education
flexibility to choose from where the $1 million additional required funding would came." He said
that he said nothing about this flexibility. He said that he trusts the school board. He suggested
engaging in a more rigorous discussion about fund balances. He said that he is concerned that
fund balances magically melt before they get to the school budget requests/discussions. He
does not feel comfortable with the $5.5 million fund balance and he does not know how it got
there. This is four cents on the tax rate. He would like to flag this now and make it a
transparent process.
Jamezetta Bedford said that two years ago the fund balance was very low and they cut
expenditures, under spent, and ended up saving more than they wanted to and in the end had
an extra $1 million that was not allocated. In between times, it is difficult to know exactly where
they stand, because of the governmental accounting. She said that the board does scrutinize
its funds, and there is no intention to spend down fund balance on non-recurring expenditures.
She said that far the next two years the fund balance will be low.
Commissioner Jacobs said that it has been a long time since there was a discussion
about the fund balance percentages for the school districts and what the target should be. He
suggested questioning the assumptions. He said that he wants all to understand where the
money is going and where it came from.
Jamezetta Bedford said that CHCCS has already value engineered almost $690,000, so
she does not expect much from the third bullet on the recommendation. She is hesitant to
support this.
Commissioner Gordan asked for clarification on the third bullet.
Chair Carey said that the targeted fund balance that was agreed upon many years ago
is significantly lower than the 5.2% that CHCCS had in one of the lower fund balance years. He
agreed with discussing this issue again. This level of fund balance (4.5 cents of taxpayer's
money) concerns him also. He also has questions about the value engineering part. He wants
to include this in the approval process this time to see if there are any additional savings.
Laura Blackmon said that the intent is not to slow down the process. There can be
change orders during construction.
Commissioner Faushee said that her concern is that this item be approved at this
meeting. She wants to come to some agreement and move forward with these
recommendations. She thinks that what the Manager has suggested is reasonable.
Jamezetta Bedford asked what happens if the two teams disagree -Jeff Thompson and
the school board. She does not understand how the process would work and haw it would keep
moving forward. Commissioner Foushee said that, within a finite amount of funding, there has
to be an agreement on haw it is going to move forward.
Steve Scroggs said that, at this time, changing square footage in the project would be a
roadblock. However, fixtures, furniture, and equipment have not been bid yet. The footprint of
the building cannot be changed. He said that late value engineering, at best, is 50 cents on the
dollar.
Chair Carey said that the County Commissioners understand this.
Commissioner Gordon said that if the Board of County Commissioners approves a
certain budget, and the school board stays within the budget, then the school board is
responsible far carrying it out, and for completing the project in a fiscally responsible way.
Chair Carey said that the County Commissioners have tried to keep this project moving.
He said that he had reservations about approving this school when the same school was built at
$14 million only four years ago. He said that just because the Board approved $24 million does
not mean that all of it should be spent. He hopes that some value engineering will save some
money.
Commissioner Jacobs agreed with Chair Carey. He said that his view to resolve
differences is to talk about it and work it out. He said that he does think that there is value in
having a fresh set of eyes as this project moves forward.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve funding for Chapel Hill-Carrboro City Schools Elementary #10 including water and
sewer infrastructure for Twin Creeks Park at $23.3 million; approve the CHCCS Board of
Education plan for funding, from the district's revenue stream, the additional $1 million required
to complete construction of Elementary #10; and request the CHCCS Board of Education
engage County staff including Jeff Thompson in active value engineering of Elementary #10.
VOTE: UNANIMOUS
b. Orange County Transfer Station
The Board considered a general update on recent activities and information pertinent to
site selection for a proposed Orange County Transfer Station.
Staff distributed maps of the proposed transfer station design.
Laura Blackmon said that this is an update to the Board on what has happened
regarding the transfer station. She said that a letter was sent to Chapel Hill and Carrboro
asking for a recommendation, but there has been no response yet. There was a tour of the
facility in Greensboro last Saturday.
Solid Waste Director Gayle Wilson made reference to the documents distributed to the
County Commissioners -drawings of sites on US 70, the Eubanks Road Master Plan approved
in 2001, and two conceptual designs for existing landfill property. He said that, at the Board's
direction at the last meeting, the staff prepared a handout and a mailing to residents in the area
of the Eno Economic Development District. There were also advertisements in newspapers
about this site. He explained the map of the Eubanks Road site.
Regarding the timetable, following the acquisition of a site, it would take approximately
three years and nine months to design, permit, and construct the transfer station. The landfill is
expected to reach capacity in 2010. This estimate will be revised each year.
Commissioner Jacobs said that the County Commissioners received a letter from Mayor
Chilton that said he was writing on his own behalf, and not on behalf of the Carrboro Board of
Aldermen. The Mayor stated in the letter about there being a lack of a systematic site search.
He asked Gayle Wilson about this and if Carrboro has been approached about its Public Works
site. Gayle Wilson said that the County has not approached Carrboro about its Public Works
site. Regarding the systematic site search, he said that this is in the eye of the beholder. He
described the process. It started with a recommendation from the advisory board and it moved
from there. There were preliminary evaluations of different sites and the information was
presented to the County Commissioners. He said that the landfill site search process was much
more systematic than this process has been. This process did not follow the same template as
the landfill site, but it does not mean the process is lessor more valid.
Commissioner Gordon asked about the criteria that SWAB used. Gayle Wilson said that
the SWAB looked at many aspects as it relates to siting such as proximity to the center of waste
generation, proximity to highway access, size of the facility, availability of utilities, issues related
to state regulatory requirements, costs, infrastructure, and land use and zoning requirements.
Chair Carey pointed out that the SWAB recommended the Eubanks site. He also
pointed out that representatives from all four jurisdictions are on the SWAB.
Commissioner Jacobs said that part of the cost implication was the objection of the
towns to having a site in Durham because it was cost prohibitive.
SWAB Chair Jan Sassaman said that one other criterion not mentioned was the issue of
sheer distance of transport of the solid waste.
PUBLIC COMMENT:
Darcy Wilson spoke in opposition to the US 70E locations. He said that wherever the
County locates the transfer station, the residents will be upset by it. He suggested going with
the practical and looking at the financial and environmental impact of the site. He said that the
US 70E locations are in the Eno Economic Development District, of which the master plan calls
for high standards to be maintained for development. The development in this area will be
sensitive to the nearby Eno River. This area also calls far high-density development. He said
that a transfer station would be contradictory to this.
Kim Thornton said that there are 100 families that live across the road on Mt. Herman
Church Road, which is where the transfer station would go. He said that he is opposed to this
site location for the transfer station. He said that there is already too much traffic on this road
without a transfer station.
Jim Singleton said that he is 63 years old and he has sat on many landfill committees in
three different states. He said that he has never seen anything as unnecessary as this. He
said that the site at the Eubanks location is the mast appropriate. He said that he could see no
reason to move this to US 70, except for financial gain for the property owner. He is opposed to
the site on US 70. He hates to see the County waste time, effort, and money on something that
is unnecessary.
Frank Carr lives on Eubanks Road in Northwood Subdivision. He encouraged the
County Commissioners to look at using the US 70 sites. He said that in 1980 Eubanks Road
was in the middle of nowhere, and now it is close to the city boundary. He thanked
Commissioner Jacobs for all of his efforts in trying to site this transfer station in Durham.
John Link lives in Eno Township about'/ mile from the US 70 site. He said that he is
still trying to understand the pros and cons of this site. He thinks that it is important for the
County Commissioners to consider having a public meeting in the US 70 area, a visual
presentation of how a transfer station works, information on the impacts on the tipping fee and
tax rate, and having the Economic Development Small Wark Group involved. He said that he
has a question about the mailing, because no one beyond US 70 received a mailing. He said
that the residents of this area would like the same opportunity to tour a transfer station. He
made reference to page 5 of the abstract under "Neighborhood," which says "there are few
residences (<15) in close proximity to this parcel." He asked that the County Commissioners
reexamine the demographics of this area. He said that he had every confidence that the Board
of County Commissioners would make the very best decision possible.
Tracy Kuhlman lives in Carrboro off of Rogers Road. She said that she is concerned
about the lack of a legitimate search process for the transfer station. She said that the
Environmental Protection Agency has very specific guidelines about how to locate a waste
transfer station, none of which have been followed in Orange County's search. She said that
there have been no formal systematic search processes and no established list of selection
criteria. She said that the SWAB recommended the Eubanks Road site long before the US 70
sites came into the picture. She said that the traffic impact of having the transfer station on
Eubanks Road is very serious. She said that there are environmental justice and community
impact issues in citing the transfer station here.
Steve Peck said that he is opposed to the transfer station on Eubanks Road. He asked
the County Commissioners to look at the actual road, because a school and a park are going to
be built bordering Eubanks Road. He said that there are also mare developments being
considered in this area. He said that this is a perfect storm for congestion and safety issues.
Frank Barnes said that he would be amazed if the County sites a transfer station at
either of the locations without a very rigorous systematic process and study. Without this type
of study, he thinks it would be a terrible mistake.
Sharon Cook read a prepared statement, as follows:
"I want to thank the County Commissioners and Solid Waste staff for visiting the
Greensboro Waste Transfer Station this past Saturday with residents of the Rogers Road
neighborhoods. As we saw on our visit, the Greensboro facility is located in an industrial area,
several miles away from the nearest homes, with the exception of a single residence near the
interstate entrance that refused abut'-out.
The Greensboro staff emphasized that at the beginning of their site search process, they
determined specific criteria, including that the new facility be located away from the existing
landfill, which is near an African-American neighborhood. They did not even consider putting
the new facility at the same site for environmental justice reasons.
Those of us who walked outside the back doors could both hear the trucks beeping and
dropping loads, and smell the garbage from nearby the outside of the building. Many garbage
trucks, including our new automatic container pickup trucks, are open on top, and the smell of
garbage from these trucks will carry along Eubanks Road.
Anyone who has ever walked around their neighborhood on garbage collection day
knows this too well. The Greensboro facility is open from 6 a.m. until 6 p.m. Monday through
Friday and on Saturday mornings. Every day will be garbage day an Eubanks Road. Private
haulers cannot be prevented from using Rogers Road, and will use the shortest quickest route
to the waste station.
Road improvements were made at the Greensboro site, including a turn lane to
accommodate the semi-tractor-trailers, and the speed limit was lowered. However, the drivers
are paid per mile, so according to the staff, they drive over the speed limit to finish their trips as
quickly as possible, even with a police station right dawn the road.
Keep in mind that these 18-wheelers will be exiting and entering along with local traffic at
exit 266 at the Martin Luther King Boulevard entrance to Chapel Hill. The County population is
expected to double in the next 25 years according to County projections, most of which will
occur in central and northern Orange due to the near build-out of Chapel Hill and Carrbora. The
trash produced will also double as will the garbage pickup and transfer trucks.
There are no plans to widen or improve Eubanks Road to accommodate the additional
trucks other than adding a turn lane at the proposed facility entrance. We all know how long it
takes for the state Department of Transportation to make road improvements. Eubanks Road is
a narrow two-lane road with no shoulder and at least one low spot that already floods out during
heavy rains.
There are many reasons for this board to direct the County's Solid Waste staff to
conduct a genuine engineered study to determine the best location for the garbage facility. We
need to take into consideration not only the environmental injustice of locating a new garbage
facility near the African-American neighborhood, which has borne the burden of our trash for
over 30 years, but also the adverse impact on all the current homes in and along Eubanks
Road, and the newest Habitat for Humanity neighborhood being planned for the Greene Tract.
While there are some who will say that the neighbors should have known about this and
spoken up sooner, we ask, when and where were signs posted about upcoming meetings?
When and to who were announcements mailed and flyers distributed letting us know about the
proposed transfer station? Process matters.
The minutes of the Solid Waste Advisory Board meeting on March 2"d of last year report
approval of a resolution recommending the landfill property located north of Eubanks Road for
the future site of the transfer station. Yet, a meeting with the Rogers Road neighborhoods to
solicit input and answer questions was not held until January 18, 2007.
Did anyone propose locating the waste transfer station on Highway 54 across from
Meadowmant? How about on 15-501 across from the entrance to Southern Village? Then do
not locate the County's newest garbage facility at the entryway to the Eubanks and Rogers
Road neighborhoods. Please take Eubanks Road off the table and find another site to handle
Orange County's garbage for the next 30 years."
Brian Voyce said that he was at the SWAB meeting and when he asked if there was an
engineering report, he was told no. He advised the County Commissioners to take the SWAB
recommendation with that in mind. He also introduced the concept of planning that shows the
center of trash generation 25 years from now. This was also not taken into consideration. He
said that no one ever intended to build a transfer station anywhere else but Eubanks Road. He
made reference to a quote and said that a great county government is like a great man; when
he makes a mistake, he realizes it; having realized it, he admits it; having admitted it, he
corrects it.
Dave Richter lives in The Highlands. He said that he takes this issue very personally.
He said that these people on Eubanks Road are being abused. He said that there has been a
lack of professionalism in this search and no criteria. He said that if the County did a search
that there would be more sites. He said that much is owed to Rogers Road because there has
been a landfill there for 34 years. He said that if the transfer station is put on Eubanks Road, it
would be bringing shame to the community and it would be bringing shame to the County
Commissioners. He said that this is a moral issue.
Robert Campbell said that the Board has heard the comments about why this transfer
station should not be on Eubanks Road and why it should not be on US 70. He asked if there
has been consideration to look at this as a social issue. He said that in Greensboro he found
out that Greensboro has a social conscience by its decision not to put a working landfill in a
middle class African American community. He asked the County Commissioners to look
somewhere else and not on Eubanks Road. He asked that something be done to help the
neighborhood if the transfer station goes on Eubanks Road because many of the people do not
qualify for HUD housing grants. He said that someone did not do their homework when it came
to operating this landfill. He said that the University is one of the greatest contributors to the
trash that goes into the landfill and it should be on board in this process. He said that the
County should use the expertise of the University in this process.
George Daniel is a resident of Fox Meadows in the Eubanks Road area. He said that he
is surprised that the County has not done a more rigorous study of the area, in terms of search
criteria. He recommended going back to do a thorough, comprehensive, and transparent
search that results in a written report that is open to the public for comment. Also, he is amazed
that the Eubanks site would even be considered, since they have had to put up with this burden
for 30 years. He thinks that there is an ethical obligation to the residents to put it someplace
else. He pointed out that there will be a new elementary school in close proximity to this
proposed transfer station. This will be a hazard to schoolchildren because of the increase in
truck traffic.
Rebecca Wells lives in Northwood near Eubanks Road. She said that this area seems
to be destined for a lot of high-density development in the near future and a transfer station
should not be sited here.
Hunter Pendleton opposes the transfer station on Eubanks Road. He endorsed what
others said before him. He said that someone made the decision not to have another landfill,
and they can make the decision to take the Eubanks Road site off the table.
George C. Love -not present
Trish Love said that she and George Love live in Northwood, which borders NC 86, and
they are inundated by development that has been allowed by Chapel Hill. She said that the
traffic count on NC 86 is now 27,000 cars a day. She said that to add transfer trucks to this mix
of traffic coming off of I-40 is insane. She said that Eubanks Road is a very narrow road and the
intersection is a nightmare. She said that the residents of Northwood count on the County
Commissioners to be honorable people because this subdivision is not in the Town limits of
Chapel Hill.
Jim Ray lives in Eno Township and nowhere close to either of the proposed locations.
He said that most trash is generated in Chapel Hill and it would be hard to get from Chapel Hill
to the Eno area. He said that it would be best to leave the transfer station at Eubanks Road
because the County already owns the land and the infrastructure is already there. He
distributed an article from Popular Science about plasma gasification.
Jeanne Stroud lives on Rogers Road and said that she and her neighbors are totally
opposed to a transfer station on Eubanks Road.
Mark Peters said that it seems that there is a lack of process on this. He suggested
having some criteria.
Tom Tucker is a property owner on Rogers Road. He is opposed to the transfer station
on Eubanks Road. He said that there are turkey vultures on the power lines on Rogers Road,
and there is also a significant smell. There is also a lack of sidewalks and no playgrounds in
this area. There is no bus service in this area and a lot of traffic on Rogers Road. There is a
lack of sewer in this area and the water has degraded aver time. He said that there is a general
quality of life compounded by these issues.
Ms. Jenny lives in the Eno EDD. She said that she agrees that there should be criteria
and a good search for a location. She said that just because a property owner wanted to make
a profit on their land and offered it for a transfer station does not make it a good place to site a
transfer station.
Chair Carey asked the Board to extend the meeting to address some time sensitive
items -items 9-c and 9-d. The Board agreed.
Chair Carey said that the Board has been discussing this issue for years and the County
Commissioners have processed it. He said that the Board does not have the luxury of not
making a decision and moving forward with this project because there is a responsibility to
process the solid waste. He said that he takes the concerns of the residents seriously. He said
that the comments he has heard relate to the off-site impacts of a landfill and not a transfer
station and that there is a significant difference between a landfill and a transfer station. He
said that the County can make it look like just about anything and can mitigate any off-site
impacts, and he hopes to move forward with a decision tonight. He said that the County can
use the Solid Waste Management Fund for mitigation factors, and also that the Board of County
Commissioners did not make any promises years ago, but Chapel Hill did. Orange County only
became responsible far solid waste in the last five years.
Commissioner Foushee said that she is not in a position to vote on this tonight. She
said that there is a huge difference between a landfill and a transfer station. She said that it is
still a trash operation center, and she is not confident that the type of search that was needed
for this site was done. She knows that there is a time constraint. At this point, she is not ready
to make a decision. She wants the decision to be supported by the majority of the citizens in
the County.
Commissioner Jacobs said that when this was put on the agenda, it was his intention
that the Board would make a decision tonight. However, he received a call from a citizen on this
issue yesterday, and part of the conversation included the site search. He said that he realizes
that the County did not do a good job on the site search. He said that part of the reason he had
suggested looking at Durham was because he thought it was important to exhaust all of the
alternatives before settling on Eubanks Road. He said that he is not sure that he can, in good
conscience, defend the way in which the County settled on this site. He suggested looking at
the decision window and timeframe and if the County is behind and if it is in fact indisputable.
He would also like to have a formal traffic impact analysis and information on the additional size
of the trucks, projected solid waste generation patterns, and whether there are any EPA transfer
site search criteria. He said that there are a number of moral issues and not just one moral
issue. He said that the Board has tried to be sensitive to the Rogers Road issues from the time
it took over landfill operations. He said that once the Board sees the parameters, it might be
better able to make a decision.
Commissioner Gordon agreed with Commissioner Foushee, especially the fact that she
is not ready to make a decision. She said that Commissioner Jacobs has brought up good
points. She said that there is a project timeline in their packet, and if this timeline is correct,
then there is not much time. She said that this is a complex issue and she needs to mull over
the comments made. She said that the Board should figure out what to do, and then figure out
the process and make it well known to the public.
Chair Carey said that he respects all comments from the County Commissioners, and he
reminded the Board that he was one of the first to object to the SWAB's recommendation on
putting this site at Eubanks Road. He said that the Board of County Commissioners wants
some questions answered, and they all lead back to Eubanks Road. He said that the County
ought to consider other sites such as the Carrboro Public Works site as it goes through the
process.
Laura Blackmon said that she would prefer not to add additional sites by bits and pieces.
She said that if there are going to be additional sites, there should be a formal process,
including developing criteria and hiring a consultant. She proposed that the staff come back an
March 27`h with the information on the basic questions.
Commissioner Jacobs suggested investigating other communities where they did not
site a transfer station before they ran out of landfill space and how they dealt with it.
c. Adoption of the Orange Person Chatham (OPC) Local Business Plan 2007-2010
The Board considered adopting the draft Local Business Plan 2007-2010 for the Orange
Person Chatham (OPC) Mental Health, Developmental Disabilities and Substance Abuse
Authority.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
adopt the draft Local Business Plan 2007-2010 for the Orange Person Chatham (OPC) Mental
Health, Developmental Disabilities and Substance Abuse Authority.
VOTE: UNANIMOUS
d. Central Orange Senior CenterlSportsplex Construction Documents Approval
The Board considered reviewing and approving project scope final design for the Central
Orange Senior Center, the Adult Day Health Center, construction of a mezzanine over the ice
rink area and other modifications that allow more efficient operational space within the
Spartsplex; to review the Construction Manager at Risk contracting method bidding process for
the construction of the facility; and to review the schedule for construction of these facilities; and
authorize staff to work with Resolute Building Company as the CM at Risk, to solicit bids in
anticipation of a final Guaranteed Maximum Price contract for Board approval on May 15, 2007.
Purchasing and Central Services Director Pam Jones said that this is the Board's final
review of the project and tomorrow the architect will be put out to bid by the Construction
Manager at Risk. In May, there will be a guaranteed maximum price, along with the contract,
and this will be the kickoff for the bid award.
Chair Carey asked what is different from the last time and Pam Janes said that not much
is different. The primary difference is in the kitchen. It is not exactly a commercial kitchen, but
it's more than a "church" kitchen. It will be sufficient far the senior center to do the congregate
meals program. This adds about $150,000 to the original estimate on the kitchen, which is still
within the budget amount.
Ken Redfoot further clarified the kitchen specifications. There is a commercial kitchen at
the Seymour Center in Chapel Hill. The kitchen at the Central Orange Senior Center will not be
a commercial kitchen.
Ken Redfoot gave a PowerPoint presentation of photos. In total, there is 35,000 square
feet of additions and renovations, to bring the Sportsplex into a fully functioning unit, while also
accommodating the Adult Day Health Center and the Senior Center.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs
{with more information on the difference of the kitchens} to approve the information presented
and direct staff to past the final floor plan at the Senior Centers and Sportsplex; and authorize
staff to work with Resolute Building Company as the CM at Risk, to solicit bids in anticipation of
a final Guaranteed Maximum Price contract for Board approval on May 15, 2007.
VOTE: UNANIMOUS
e. Orange County Small Business Laan Pragram
The Board considered granting $75,000 currently held in a loan loss reserve account for
the Orange County Small Business Loan Program to the non-profit Orange County Small
Business Loan Program Company to serve as seed money for a revolving loan fund and to
transfer an additional $75,000 to the Company sa that the full $150,000 originally committed to
the program is available far lending to small businesses in the County.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve granting $75,000 currently held in a loan loss reserve account for the Orange County
Small Business Loan Program to the non-profit Orange County Small Business Loan Program
Company to serve as seed money for a revolving loan fund and to transfer an additional
$75,000 to the Company so that the full $150,000 originally committed to the program is
available for lending to small businesses in the County, with the stipulation That the County
Commissioners have expressed an interest in including loans to non-profrts.
VOTE: UNANIMOUS
f. Appointments
Northern Transition Area Small Area Plan Implementation Taskforce
The Board was to consider making appointment(s) to the Northern Transition Area
Small Area Plan Implementation Taskforce.
DEFERRED
10. Reports
a. Comprehensive Plan Update Status
The Board was to consider hearing a brief presentation on the status of the
Comprehensive Plan Update and providing an opportunity for the Board to ask questions.
DEFERRED
b. Update on Efland-Mebane Small Area Plan Implementation Focus Group
The Board was to consider receiving information regarding the Efland-Mebane Small
Area Plan Implementation Focus Group and authorize staff to proceed as outlined.
DEFERRED
11. Closed Session-NONE
12. Adjournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
adjourn the meeting at 11:00 p.m.
VOTE: UNANIMOUS
Moses Carey, Jr., Chair
Donna S. Baker
Clerk to the Board