Loading...
HomeMy WebLinkAboutMinutes - 20070327 APPROVED 5/3/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 27, 2447 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 27, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs and Mike Nelson COUNTY COMMISSIONER ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill 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. This meeting was the first live Telecast meeting of the Board of County Commissioners on Time Warner Cable. Chair Carey asked to have a moment of silence far the mascot for UNC, Jason Ray, who died from injuries sustained after being hit by a car. Also, Kirk Osbourne, a local attorney, passed away recently. A moment of silence was observed. 1. Additions or Changes to the Agenda Chair Carey said that, because this is the first live cast of a Board of County Commissioners' meeting, he would like to recognize the volunteers on the Cable TU Advisory Committee that have worked over 20 years to achieve this goal. Chair Carey also asked to add an item on the West Ten Soccer Public/Private Concept Plan. This was brought to the Board previously, but there was not consensus about having the staff move ahead. It was decided that this item was to be brought back at a regular meeting for discussion. He would like to add this under the consent agenda or as item 9-c. Commissioner Nelson said that the County Commissioners just received this item and it is hard for him to agree to add it to the agenda since it was not publicized. Chair Carey said that it would be reasonable to add this, because at the last meeting he asked that the County Commissioners send comments to the Manager and no ane did. He thought it would be ok to move this forward since there were no comments. Commissioner Foushee said that she is not opposed to adding it to the agenda, but she would not like for it to be a consent item. Commissioner Gordon said that she is opposed to adding it to the agenda because it is a public/private partnership and no one from the public has had a chance to comment on this. Commissioner Jacobs suggested adding it to the next agenda on April 10tH Chair Carey made reference to the yellow sheet, which is related to the Cedar Ridge incidents regarding intimidation and assault of Latino students. The orange sheet will be addressed under Board comments. He asked the Manager to bring this to the County Commissioners. The blue sheet is a resolution recognizing the Cable TV Advisory Committee volunteers for long and outstanding service. The pink and white sheets are revisions to item 9-a. Resolution recognizing Cable TV Advisory Committee Volunteers Assistant County Manager Gwen Harvey said that she has worked on behalf of the community with the Cable TV Advisory Community. She recognized the people in attendance - Bob Gwynn, Michael Patrick, Sharlene Pilkey, Fred Brawn, and Bill Boyarsky. She gave same history of the franchise renewal agreement that was pursued by this committee. Chair Carey read the resolution and said that a copy would be sent to all members. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the resolution as stated below: CABLE TV ADVISORY COMMITTEE VOLUNTEER RECOGNITION WHEREAS, the Cable TV Citizens Advisory Committee was formed in December 1979 to recommend priorities for service options and customer standards to be considered in granting a cable TV franchise; and WHEREAS, Bob Gywnn, Michael Patrick, Sharlene Pilkey, Fred Brown and Bill Boyarsky served as citizen volunteers providing technical guidance and leadership to effectively meet the goals and objectives of the committee; and WHEREAS, throughout the difficult years, as names changed with the cable companies and the officials representing those companies, the committee members persevered to negotiate and position the best possible service for the people of Orange County as identified by the Board of Commissioners; and, WHEREAS, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cast effectiveness and efficiency of government operations; and, WHEREAS, the involvement of volunteers such as Mr. Gywnn, Mr. Patrick, Ms. Pilkey, Mr. Brown and Mr. Boyarsky have strengthened and reinforced the democratic process by contributing their time to help address community challenges such as faced within the rapidly changing telecommunications industry, NOW, THEREFORE, let it be resolved that the Orange County Board of Commissioners recognizes and sincerely thanks Bob Gywnn, Michael Patrick, Sharlene Pilkey, Fred Brown and Bill Boyarsky for their community spirit, dedicated service, and unrelenting commitment to the residents of Orange County by serving on and leading the Cable TV Advisory Committee. This the 27th day of March 2Q07. VOTE: UNANIMOUS Michael Patrick said that he is the current Chair of the committee and has been for ten years, when he took over for Bob Gywnn. He said that, not only is there a live casting of the Board of County Commissioners' meetings, but there is now a government channel to use for many purposes. Bob Gywnn said that the committee worked many years and the Board of County Commissioners should congratulate themselves for not giving up on this issue. He said that this is an exciting time and quite an achievement. Chair Carey thanked Cindy Keene from Time Warner. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda None b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Foushee - no comments. Commissioner Jacobs said that the second Triangle Sportsplex Advisory Board meeting was held, and he thinks that people came away feeling that their concerns were being heard, especially representatives from the Employee Consortium. He said that this is a fruitful venue for having some feedback to the operators and the County government from the users of the Sportsplex. There will be quarterly meetings. Commissioner Jacobs said that he is meeting with a representative of Congressman Etheridge tomorrow in reference to the regional value-added Ag center. Congressman Etheridge is on the House Agriculture Committee. Commissioner Jacobs thanked staff for the information on the alleged incidents at Cedar Ridge of persecution of Latinos. He said that it sounds like the Human Rights and Relations Department and the OCS are being proactive. Commissioner Jacobs pointed out Volume 1, Number 1 of The Carrboro Citizen, which is a new newspaper in the area. He wanted to bring this to everyone's attention. Commissioner Nelson - no comments. Commissioner Gordan said that the Recreation and Parks Advisory Council met today and posters far the Cool Jazz festival were distributed. This event is April 21 Sc from 9:00 a.m. - 7:00 p.m. at New Hope Park in Hillsborough. Commissioner Gordon made reference to the memorandum from her to the Manager. She said that it originated from a County Commissioner asking staff far more information about soccer facilities, and specific questions about the West Ten Soccer Complex. The County Commissioners instructed the staff to look at same of the cast elements of this center. In a meeting with the Manager, she followed up with this, and the Manager asked for a memo. The memo is stated below: ECONOMIC DEVELOPMENT POTENTIAL OF THE WEST TEN SOCCER CENTER The February 21, 2007 Manager's Memorandum includes an item concerning a "Partnership Proposal for West Ten Soccer Center." Dated February 14, 2007 and written by Lari Taft, this item includes a Memorandum and a White Paper giving information about the current status and financial impact of the soccer center. One of the key pieces of information about the soccer center is that staff "estimates annual operating costs far the facility to be approximately $350,000 per year including staff, operations, and recurring capital costs." This information, along with questions recently raised by the soccer community, prompts the request for the following information about the economic development potential of the West Ten Soccer Center. This center has been described by the County as an economic development project and is located in an Economic Development District. FINANCIAL AND ECONOMIC DEVELOPMENT IMPACT OF THE CENTER 1. Has the staff done a market analysis of the need for a soccer center of this type at this location? If so, please provide the analysis. If not, when could such an analysis be provided? 2. Given that the operational expenses are projected at $350,000, what are the estimated revenues? Please give a breakdown of the costs and the revenues. 3. Given that the total capital casts of building the center are close to $4 million, please describe how the County will recover these costs, if this is to be a successful economic development project. 4. Who are the projected users of this center? Which leagues will use it and where are they located? How many players will use it and where are they located? 5. Is this a viable economic development project? Will the County make money? CHARACTERISTICS OF WEST TEN SOCCER CENTER 1. Does the County intend to run the center? Will the County contract some of the functions? 2. Does the County intend to let players practice on the fields, or will they solely be used for tournaments? Please describe the proposed uses of the center. Specifically, haw many fields will be available to the youth and to the adults of Orange County for regular practice? Please give the estimated hours per day, days per week, and months per year. 3. How many tournaments per year are expected to be held at this center? What will be the impact of hosting a tournament on the use of the fields for practice by Orange County players and leagues? On the other hand, if the fields are used for regular practice, what will be the impact on tournaments? 4. Haw do the characteristics of this center compare to the characteristics of successful soccer complexes? What are the key elements of those complexes that allow them to make money? Does the West Ten Soccer Center have those elements? Commissioner Gordon said that she did not know that this would be distributed tonight. She thinks that this flowed from a request that the County Commissioners made as a group to get more information. Commissioner Gordan said that the Transportation Advisory Committee is working on a special new vision for transit. This is a joint effort of the two MPO's. The Special Transit Advisory Commission (STAG) co-chairs and staff will be meeting this week far the first joint collaborative effort. Chair Carey said that he asked the Manager to give all of the County Commissioners a copy of the questions that Commissioner Gordon generated, but not as an agenda item. He said that the policy is that if the answers to the questions are going to require more than a couple of hours' staff work, then the Manager should speak with the Chair and the Chair will make the judgment as to whether the questions need to be shared with all of the other Commissioners. He said that Commissioner Gordon was not being singled out, but she just submitted the first list of questions. Commissioner Jacobs thanked the Chair for bringing this to their attention. He said that he specifically asked to see these questions on March 13t", and this is the first opportunity he has had to see them. He thinks it is important that when this level of detail and specificity is required of staff, that the rest of the County Commissioners get to see what staff is being asked to respond to and do. He said that he agreed with Commissioner Nelson about last minute agenda items. Also, he does not want to find out that staff is working on things that individuals have submitted that take a lot of work without him seeing what they are working on. Chair Carey said that he has received several calls from parents in the OCS system about racial discrimination in the year round school. He said that the Human Rights and Relations Department is not able to deal with employment-related issues. He asked the staff to investigate about whether anyone has called the Human Rights and Relations Commission. He said that he referred the callers to the OCS Board. 4. County Manager's Report Laura Blackmon referred to the Manager's Memo, which includes informational items. 5. Items far 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 the minutes from February 12, 20 and March 1, 2007 as submitted by the Clerk to the Board. b. Appointments (1) Adult Care Home Community Advisory Committee (ACHCAC} -Reappointments The Board reappointed Peggy Cohn, Jerry Gregory, and Frances Kovens to the ACHCAC to full terms ending March 31, 2009. {2) Alcoholic Beverage Control (ABC} Board -Reappointment The Board reappointed Judythe Dingfelder to the ABC Board to a second full term ending June 30, 2010. (3) Arts Commission -Reappointments The Board reappointed Robert Kintz, Rachel Lillis, Lauri Alexander, Geoffrey Hathaway, Tammy Lambert, and Tyler Dockery to the Arts Commission to second full terms ending March 31, 2009. (=4) Commission for the Environment -Reappointment The Board reappointed Floyd Bridgwater to the Commission for the Environment to a first full term ending December 31, 2009. {5) Historic Preservation Commission -Reappointment The Board reappointed Alice Remini to the Historic Preservation Commission to a second full term ending March 31, 2010. (6) Orange County Board of Adjustment- Reappointment The Board reappointed Jeffrey Schmitt to the Orange County Board of Adjustment to a first full term ending June 30, 2010. (7) Orange County Planning Board -Reappointment The Board reappointed Brian Crawford to the Orange County Planning Board to a first full term ending March 31, 2010. (8) Orange Person Chatham (OPC1 Area Programs Board -Reappointment The Board reappointed John Steward to the OPC Area Programs Board to a second full term ending March 31, 2010. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 65 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to two (2) requests for property tax refund in accordance with N.C. General Statute 105-381. e. Authorization to Contract for Interior Space Planning for New Library This item was removed and placed at the end of the consent agenda for separate consideration. f. NC Criminal Justice Partnership Program fCJPP1 Continuation Grant Application The Board approved the state grant application for the continuation of program services provided through the NC Criminal Justice Partnership Program {CJPP) for FY 2007-2008 and authorized the Chair to sign contingent upon staff and County Attorney review. c,~. Renewal of Consolidated Agreement Between Health Department and NC Department of Health and Human Services The Board approved the annual consolidated agreement between the NC Department of Health and Human Services and the Orange County Health Department, which provides State and Federal funds to the Health Department to partially support mandated services and authorized the Chair to sign pending County Attorney review. h. Housing Rehabilitation Contract Awards The Board awarded housing rehabilitation contracts for the Orange County CDBG and HOME Scattered Site Housing Rehabilitation Program to the following: 104 Glosson Circle, Carrbora $45,219 to Diamond Builders $10,675 to Eastern Environmental $3,700 to Eastern Environmental 109 Roberts Street, Carrboro $39,173 to Diamond Builders $12,100 to Eastern Environmental i. Resolution of Approval -Conservation Easement for Stillhause Creek The Board adopted the resolution, which is incorporated by reference, approving the granting by Orange County of the conservation easement and authorized the Chair and the Clerk to sign the conservation easement agreement subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur on or about April 30, 2007. L CountylSchools Collaboration Work Group Site Land-Banking Letter This item was removed and placed at the end of the consent agenda for separate consideration. k. First Baptist Church Parkins Lot License The Board approved a license with First Baptist Church for use of the lower church parking lot off of West King Street, Hillsborough; and authorized the Chair to sign. I. Contract Amendment: Linked Economic Development and Affordable Housing Foundation (LEDAHFI This item was removed and placed at the end of the consent agenda for separate consideration. m. Request far Funding -Library Services Task Force Consultant The Board approved the request far funding for the consultant fees of $4,000 as recommended by the Library Services Task Farce at its February 27t" meeting. n. Carramore -Preliminary Plan for Public Road The Board approved the Preliminary Plan for Carramore for a Public Road entrance only. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: e. Authorization to Contract far Interior Space Planning for New Library The Board considered authorizing a contract with Phil Barton for space planning of the interior of the new Library facility on Margaret Lane in the amount of $14,000; and authorizing the County Manager to sign. Commissioner Jacobs noted that the library is going to be the last building constructed, which is a change in the original plan. He said that there was discussion about trying to involve the members of the reconstituted Library Services Task Force in a consultative manner with this consultant, and it is not in the abstract. Purchasing and Central Services Director Pam Janes said that the design charette is designed to include everyone that is supposed to come back. There will be some ad hoc groups that have to be sounding boards far things that come out of the design charette. This might be one possible group to look at this. Since this was not confirmed, she did not include it in the abstract. She said that there will be other touch points after the architect comes back with the space planning information. Commissioner Jacobs said that his concern is that, since this is a contract, he wanted to make sure that the consultant would know that meetings would be held as part of the contract. Pam Jones said that this was an understanding. Commissioner Jacobs would like to make it explicit instead of an understanding. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve authorizing a contract that will reflect substantively the terms of the attached proposal from Phil Barton to provide space-planning services at the new Orange County Library on Margaret Lane, Hillsborough in the amount of $14,000; and authorize the County Manager to sign the agreement {with additional request by Commissioner Jacobs to include the reconstituted Library Services Task Force in a consultative manner}. VOTE: UNANIMOUS L CountylSchools Collaboration Work Group Site Land-Banking Letter The Board considered a proposed letter to be sent to municipalities by Chair Moses Carey and the two School Board Chairs regarding cooperative research in school site land banking and asking the Chair to proceed as necessary. Commissioner Gordon said that she would like to give same background that is supportive of this. She said that there was the Schools and Land Use Council, which was a group similar to this. There was also aSchool/Park Reserve Fund and the idea was to land bank school sites. She asked about the funding of the land banking sites and where the money will come from. She recommended not approving the letter until the County Commissioners' role is clarified with respect to funding. Specifically, the sentence that says, "The ultimate goal of this process would be that the County, who is statutorily responsible far funding school construction, might possibly consider opportunities to "land bank" properties that would be suitable for future school sites." She said that this sentence should be clarified because, if the County is not going to provide any money, then she does not see haw this can say that the County is going to land bank sites. She wants to modify this sentence before sending it forward. The words "might possibly consider opportunities to land bank" should be changed to `will provide adequate funds to land bank." Commissioner Jacobs said that he gave the Chair some suggested changes in language, and he has no problem changing this sentence. He said that he thinks that the school boards and towns knave that the Board of County Commissioners will have to pay for the land. He does not see the issue. Commissioner Gordon said that it is an issue because, if the County does not have the money to land bank, then there should not even be the discussion. She said that it is a good idea, but only if there is money behind it, and she does not see money for three years. Commissioner Jacobs said that he disagrees about waiting. He said that Chapel Hill has legislative authority to designate school sites. He said that there will also be lottery proceed money that could go towards some of this. He said that the important thing is that the CHCCS is facing a crunch for land. He wants to proactively plan now and not wait until there is money. He said that he thinks the letter is fine the way it is. He wants to try this out and see what kind of cooperation results. Chair Carey said that he will finalize the letter with their comments and share with the County Commissioners. He said that he does not usually write letters by committee. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to approve the letter with Commissioner Gordan's amendment. VOTE: UNANIMOUS I. Contract Amendment: Linked Economic Development and Affordable Housing Foundation (LEDAHF) services to the County; and authorizing the Chair to sign. Chair Carey said that he wants to ask the Board to agree with him to ask the staff to come up with a way to evaluate the success of this relationship. He thinks that there will be value for the money, but he wants to do this for the benefit of the public. Pam Jones said that Jeff Thompson has worked with the County as Construction Manager on projects such as the Seymour Center. The staff has looked at how this contract works and whether it is better to have an employee. There are not enough staff resources to do all of this as closely as they would like. She said that rather than having an employee on the payroll when there is no construction, they have looked at this contract rather than having a time-limited ar another position. She said that Jeff Thompson brings a lot of experience to the table. Jeff Thompson has worked with the two senior centers and will also be working on the justice facility, the animal shelter, the Gateway Center, and the County campus. A motion was made by Commissioner Carey, seconded by Commissioner Nelson to approve a contract with Jeff Thompson through the Linked Economic Development and Affordable Housing Foundation {LEDAHF}, for $8,100 per month to provide construction management services to the County; and authorize the Chair to sign, with the evaluation recommendation. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Sexual Assault Awareness Month The Board considered a proclamation recognizing April as Sexual Assault Awareness Month in Orange County and authorizing the Chair to sign. Former Board of Director's President and long-term volunteer at the Rape Crisis Center, Elin Abercrombie, introduced this item. Commissioner Gordon read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve a proclamation recognizing April as Sexual Assault Awareness Month in Orange County and authorize the Chair to sign. Proclamation "Sexual Assault Awareness Month 2007 Proclamation" WHEREAS, the Orange County Rape Crisis Center assisted 374 survivors of sexual violence and their family members, friends and laved ones during 2QQ6; and WHEREAS, the Orange County Rape Crisis Center works with the county's two school systems and other groups to provide all students with age-appropriate information about sexual assault prevention, reaching 8,862 children and youth during the 2QQ5 - 2QQ6 school year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team (BART) is bringing together members of law enforcement, the medical community, the legal system and other community advocates to improve services for survivors of sexual assault who come forward: and WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some paint in their lives (NC Department of Health and Human Services 1999); and WHEREAS, in the United States rape is the most costly crime to its survivors, totaling $127 billion a year considering factors such as medical cast, lost earnings, pain, suffering and lost quality of life (U.S. Department of Justice, 1996); and WHEREAS, in the United States 1 in 6 women and 1 in 33 men have experienced a completed or attempted rape at some time in their life {US Department of Justice 1998}; and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bureau of Investigation, 2QQ2}; and WHEREAS, the blaming of the victim continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, anon-profit, volunteer agency which has been serving this community since 1974, is working with others in the community to stop sexual violence and its impact through support, education and advocacy; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, does hereby proclaim the month of April 2007 as "SEXUAL ASSAULT AWARENESS MONTH." The Board encourages all citizens to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 27t" day of March 2QQ7 VOTE: UNANIMOUS b. Resolution of Approval -Conservation Easement for Latta Dairy Farm The Board considered a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement far the Milton Latta and Sons Dairy Farm and authorizing the Chair and the Clerk to sign, subject to final review by staff and County Attorney. Environment and Resource Conservation Director Dave Stancil said that in regional and national media in the last week or so, there has been coverage of a new report by USDA entitled, "The Loss of Farms Report." This report indicated that North Carolina, Tennessee, and Florida are now leading the nation in the disappearance of farmland, with the loss of over 1,000 agricultural operations in 2005. He said that Orange County has been working diligently with the Lands Legacy Program, partnership with the Soil and Water District, and USDA to try and mitigate that with the acquisition of conservation easements to help keep active farmland in operation. He noted that this is a 138-acre farm in Little River Watershed. Rich Shaw gave a PawerPoint presentation of pictures of the farm. He said that the Latta's have expressed interest in having a primary residence on this property in the future, and this location will be designated. The funding partners for the purchase of this property will be Orange County and the Federal Farm and Ranchland Protection Program by the USDA. This will be the ninth farm with a conservation easement through the Lands Legacy Program. The purchase price for the easement is $600,000. The County Commissioners expressed their gratitude to the Latta's. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to adapt the resolution approving the acceptance by Orange County of the conservation easement and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur on or about May 31, 2007. RESOLUTION Approval of Agricultural Conservation Easement between Orange County and Milton Latta & Sons Dairy Farm WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, agriculture in Orange County is an important facet of the economy and way of life in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime or threatened farmland within water supply watersheds; and WHEREAS, Milton Latta & Sons Dairy Farm includes approximately 138 acres in the Little River protected watershed, consists of a majority of prime soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, a matching grant of $300,000 was awarded to Orange County from the federal Farm and Ranch Land Protection Program to help protect the future of this farm with an agricultural conservation easement; and WHEREAS, a conservation easement on this approximately 138-acre section of the farm would ensure the preservation of this farmland for future generations and compensate the owners for this long-term commitment: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1} accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by William Latta and Tate Latta; 2} approve the execution of this conservation easement agreement with William Latta and Tate Latta, in accordance with the terms of the proposed 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 ar about May 31, 2007. This the 27th day of March, 2007. VOTE: UNANIMOUS 7. Special Presentations-NONE 8. Public Hearings a. Orange County Housing Rehabilitation Community Development Block Grant Program The Board received citizen comments concerning the proposed FY 2007 Housing Rehabilitation Program Application and considering approving a resolution authorizing the submission of the formal application document on or about March 30, 2007 and authorizing the Chair to sign. Housing and Community Development Director Tara Fikes introduced this item. Since the public hearing held on March 13t", staff and the HOME Review Program Council met to discuss potential dwelling units to target for this grant. Four units have been identified in each jurisdiction that could be repaired to standard level. The grant is due on March 30tH PUBLIC COMMENT: Robert Campbell said that he has lived in the Rogers Road area for over 30 years. He said that he used to attend community events. He said that recently, the community has tried to acquire funds to repair homes in this area, but they did not have the expertise to submit the proper documents. He asked for consideration of a workshop in neighborhoods to assist people in applying for these grants. He asked that the grant money be used to set up a workshop. He said that there are many homes that are in need of repair in this community. Chair Carey said that the County Commissioners will take this into consideration. He said that a grant would not be needed to hold a meeting to help residents understand the process. He asked Tara Fikes to explain the process of identifying the homes subject to receive this money. Tara Fikes said that there is always a waiting list in the office of residents who call seeking assistance with homes. There are also referrals from the Urgent Repair Program. She said that one of the houses targeted in unincorporated Orange County is in the Rogers Road area. Commissioner Jacobs made reference to the addendum regarding dwelling units without indoor plumbing. He said that this is a bureaucratic answer that does not come up with a solution. He suggested talking about developing a pilot program. He said that several departments in Orange County are in contact with people that do not have indoor plumbing (i.e., Cooperative Extension and Inspection). He said that he would like to take a supportive approach by explaining to people what is available to them. He would like to see a non- invasive, pilot program with some outreach. The Board agreed. Laura Blackmon verified that Commissioner Jacobs was looking to fund this program out of the grant funds. Laura Blackmon said that the staff can look at funds that can be utilized far this and bring back some recommendations. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the resolution, which is incorporated by reference, authorizing the submission of the formal application document on or about March 30, 2007; and authorize the Chair to sign the application document on behalf of the Board. VOTE: UNANIMOUS b. Annual Public Housing Agency (PHA) 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 introduced this item. This is a continuation of the public hearing held on March 13th. The annual plan is not substantially different from past plans. Commissioner Nelson said that 612 families utilize Section 8 but the waiting list is over 1678 people, and this is very disturbing. 111o public comment. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to close the public hearing, approve submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign the Certification of CompliancelBoard Resolution, which is incorporated by reference, on behalf of the Board. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Orange County Transfer Station The Board considered information relative to selecting a location for a transfer station within Orange County and to elicit a decision regarding a site or guidance in establishing a site selection process. Laura Blackmon made reference to the updated abstract, pink sheet. The revision is an addition of options in the middle of page two. Solid Waste Director Gayle Wilson said that one of the issues the staff was asked to bring information back on was traffic and vehicles used to transport waste, and whether a full traffic impact analysis would be required. He said that the Town of Chapel Hill does require this for any major subdivision, special use permit, or site plan review. The Town Manager can waive this analysis. Orange County typically does not require a full traffic impact analysis unless the proposed project generates at least 800 trips per day. He said that he is not aware of any comprehensive traffic analysis underway for the Eubanks Road area. Gayle Wilson said that the staff was also asked for information about what would happen if the new transfer station was not ready by the time the landfill reached capacity. There are some options for this. There is also information about the center of waste generation and the projection goes 20 years out. The staff was also asked to determine if there were any municipally owned properties that might serve as a possible location, and the only property that was identified was one in Carrboro, which is reserved for the future Carrboro Public Works facility. He said that it is his understanding that a concept plan has not been developed for this property, so there is no information about whether there would be room for a transfer station. A previous consultant informed Carrboro that, of that 23-acre site, only about 13 acres might be usable. Regarding the timeline, there is a real time crunch to have the facility ready. The design, permitting, and construction of the facility are projected to be about 38 months. The staff also will be doing a survey of when the landfill would reach capacity in the next few weeks. The last survey indicated that the landfill would reach capacity in July-August of 2010. Gayle Wilson made reference to the siting criteria that was requested and said that he received a memo from the Solid Waste Advisory Board that reviewed the process of the recommendation for the Eubanks Road site. This memo was attached to the abstract. Commissioner Nelson asked if it was Orange County's plan to have the transfer station in place to give the landfill another year of capacity. His concern is that the County does not have built-in extra capacity. Gayle Wilson said that, in discussions in the past regarding the transfer station, the idea of expediting the transfer station was an option, but he thinks that it is unlikely there will be any substantive capacity left by the time they open the doors of the transfer station. He thinks that if there were any, it would be 3-5 months at the most. Commissioner Nelson said that he is really concerned about this. Commissioner Jacobs asked about the C&D landfill and Gayle Wilson said that it has a lifespan of about 20 years. Commissioner Jacobs asked if the County requires that loads that come into the landfill be covered and Gayle Wilson said yes. Commissioner Jacobs asked about the consequences and Gayle Wilson said that if a load is not covered, the driver has to purchase a cover for the next trip in order to dump. Commissioner Gordon pointed out that the timeline poses a very challenging schedule because it will take 38 months to complete the facility, which would be June 2010. It is projected that the landfill will reach capacity in July 2010. PUBLIC COMMENT: Rachel Clayton lives on NC 10, near the third site being considered for the transfer station. She said that the residents in this vicinity are apposed to having the transfer station in this community. She said that she would think that it would be against the law to have such a facility built in a residential area. She feels like there is some place in Orange County with large acreage that would not be near any homes. She said that a site like this will bring in rats and other varmints, and will hurt the EDD that is proposed for northern Orange County. She hopes the County Commissioners will find a site that is more suitable. Robert Campbell said that it seems like the same show is happening that happened to Chapel Hill in the 70's when Chapel Hill drug its feet and had to find a place to put the trash. It ended up on Eubanks Road. He said that the Solid Waste Department has again drugged its feet. He said that the neighbors of Eubanks Road have had enough. He asked the County Commissioners to have a social conscience. He said that people use Rogers Road as a cut through to get somewhere else and cars go in excess of 55 mph. He said that trucks stop on Rogers Road and cover the loads. It used to be done on Eubanks Road until there were signs posted. Sharon Cook read a prepared statement as follows: "It would be easy to look at the report before you and make a decision based upon costs alone. However, that decision would be made without regard far the safety and welfare of the hundreds of Orange County residents who travel an Eubanks Road on a daily basis. Those residents and their concerns and safety have not been addressed in this report. The traffic study done in 2005 includes no update on the new homes in this area -and no projection of the hundreds of new residences being planned at Chapel Watch, at the Greene Tract, and other nearby sites. In addition, schools, parks, the Chapel Hill public works facility and businesses are already being planned which will generate thousands of additional trips daily. After seeing the totaled car of a neighbor who was hit by an 18-wheeler while waiting on Elliot Road at the Franklin Street traffic signal near Whole Foods, you would not want to be waiting on Eubanks Raad to make aleft-hand turn onto Martin Luther King Boulevard when a 75- to $0-foot long tractor trailer attempts to make the sharp curve onto Eubanks. My neighbor's driver's door was crushed in by a delivery truck trying to make a simple 45-degree turn. Thankfully, she suffered only minor injuries. The report lists a dozen or so solid waste trucks making the trip each day. This is incomplete and attempts to minimize the number of collection and tractor-trailer transfer trucks which will be using Eubanks, not just today, but in the future. With 6 to 10 collection trucks filling each of the transfer trucks, we know that the number is far greater. While each of you may be tempted to make a decision tonight and be done with it -the reality is that a decision based upon incomplete and inaccurate information will only push the problems with this plan into the future -when they are greater and more difficult to deal with. It will not solve them. For those of you who do not drive on Eubanks on a day-to-day basis, it would be easy to miss the problems which will be generated. It is essential that we make a decision tonight that gives due consideration to the safety and welfare of our residents at the northern edge of Chapel Hill and Carrboro. This Board asked for input from the towns, but did not give either the Chapel Hill or Carrbora elected officials sufficient time to provide meaningful input on the affect of building a waste transfer station so close to many of their residents, and along a thoroughfare which will be used by future Carolina North associated residential and business traffic. An up-to-date comprehensive traffic study needs to be made to consider the cumulative affects of adding new residences, the County Animal Shelter, our newest elementary school, and future school buildings, parks, and businesses along Eubanks Road to the existing traffic. The 2005 count no longer accurately reflects the traffic along the corridor and cannot be used in good conscience as we decide this matter. Many of the traffic problems in Orange County today are the result of poor planning. Improvements at so many locations have been much more costly because of that lack of planning. We can and must learn the lessons from our past mistakes if we are to avoid paying the cost -not only in taxpayer money, but also in community goodwill and safety - in the future. If the waste transfer station goes somewhere else, so does all of the solid waste traffic associated with it - by far the source of most landfill-related traffic. We owe it to the residents of the Eubanks Road area to do our homework and to do it completely. Conduct a genuine search for an appropriate site far the County waste transfer station that will not create more problems than it will solve." Tracy Kuhlman said that there was misleading information that the County Commissioners received about the process that was used to recommend the Eubanks Road site. She said that the memo from Jan Sassaman states that the SWAB considered almost all of the criteria outlined in the EPA's document entitled, "Waste Transfer Stations, A Manual for Decision Making." She said that the detailed minutes of SWAB meetings paint a much different picture. She said that in the February 2006 meeting the SWAB members identified the task, which was to make a recommendation of the location of the transfer station. This was interpreted to mean that they should recommend whether a transfer station should go on Eubanks Road. During the meeting, a consultant gave a presentation about the technical details of waste transfer stations. The presentation was followed by a brief discussion of operational issues, such as whether the transfer station would fit on the Eubanks site and whether there would be enough parking. She said that one question was raised about the center of waste generation, to which Gayle Wilson gave an answer that included the phrase, "There has not been a scientific analysis." She said that, when asked about the passibility of expanding the transfer station for future trash needs, Gayle Wilson responded that expansion at the site was not possible. She said that the discussion did not include any mention of community-based issues listed in Dr. Sassaman's memo. There was no discussion about the environmental justice issues inherent in the citing of a waste transfer station next to the Rogers Road community; no mention of the close proximity of the Eubanks site to hundreds of residences, future schools, and recreational sites; and no mention of the transfer station's impact, traffic or otherwise, in combination with adjacent land uses. She said that there was no consideration of alternate sites, and there was never even a search for alternate sites. She said that the SWAB voted during that meeting to recommend the Eubanks site as the most appropriate location in the County for a waste transfer station. As for community participation in the decision, the two SWAB members who live near the landfill were virtually silent during the discussion. The recommendation was formalized in March 2006 and the neighborhood meeting was not held until January 2007. She said that, contrary to Dr. Sassaman's insertion, the location of a transfer station on Eubanks certainly has not been discussed in the public for mare than a year, and the public has not been a legitimate partner in the facility citing process. She said that the conclusion of the memo is the mast disturbing, which says, "No matter where a facility is sited, there will be strong opposition." She said that this does not give the County an excuse to continue dumping on this area. She said that the timing of this issue is not an excuse for poor decision-making. She commended Commissioner Nelson for opposing landfill expansion in the `90's. She said that the reasons for opposing the waste transfer station now are much the same. Dave Richter said that he spoke two weeks ago at the last County Commissioners' meeting and he has also sent emails. He said that he has not changed his feelings at this point. He spoke about the necessity of combining personal integrity and professional integrity. He said that there is no integrity in this process and it has not been an honest process. He said that the EPA guidelines have not been followed and there has been no real site search. He said that there has been no discussion on social justice matters in the SWAB. He said that not one of the Board of County Commissioners gave the direction to do an actual formal site search. He said that if the County Commissioners really believe that this is the right thing to do, then they should address Rev. Campbell directly, eye to eye, and tell him how proud they are of haw they got here, and how a water pipe that half of the community cannot afford to hook up to makes up for 34 years of smelling garbage. He spoke to Rev. Campbell and said that he has to take responsibility to some extent because he has voted for most everybody on this Board of County Commissioners. He said that he would not vote again for anyone who votes to put this transfer station on Eubanks Road. Hunter Pendleton lives in Northwood. He said that the Eubanks location is not appropriate for the volume of traffic that the transfer station would handle. Especially since now there will be an elementary school on Eubanks Road. He asked the County Commissioners to please put into place the process that will result in a proper placement of the transfer station. He asked why an elementary school could be built in 15 months, but a transfer station takes 38 months. Katrina Ryan made reference to the memo from Jan Sassaman and said that there is one relevant sentence: "We did not consider aCounty-wide search." She said that there are over 200 pieces of property in excess of 10 acres within one half mile of either I-40 or I-85. She said that she is unconvinced that not one of those 10-acre is less residential in nature than either Eubanks or the US 70 site. She said that the lesson learned in Greensboro was that it purposely sited away from residential areas because it has such a negative impact. She said that the job is not done yet, and she urged the County Commissioners to do the job correctly. Suzanne Heff is President of the Northwood Homeowners Association. She encouraged the County Commissioners not to place a facility like this in afast-growing urban area. She said that Gayle Wilson stated that he has had intermittent discussions over the last five to six years with the Board, which means that there has been an opportunity to think about this. However, now it feels like a crisis. She said that it seems like this should have been decided a long time ago. Brian Voyce said that at the last meeting the County Commissioners asked the citizens to provide alternative sites. He asked about the Carolina North property. He said that the center of trash generation is very close to this property, and UNC is the largest trash producer in Orange County. He thinks that this is social justice to put the transfer station close to the largest trash producer. The site access would be Martin Luther King Boulevard, which is one of the largest secondary road arteries in southern Orange County. This is better than Eubanks Road. The distance to I-40 is about the same. He said that over two weeks ago he was at the SWAB meeting, and he specifically asked for the document for the criteria that has now magically appeared. He was told at that time that it did not exist. He thinks that this should be on the record. Rebecca High lives in Northwood. She said that about ten years ago her son's 3~d grade teacher told her about families she had come to know through teaching who had struggled far years to acquire homes of their own, only to see them attacked by rats and other animals, and otherwise devalued by the presence of the landfill. She said that while other homes in Chapel Hill grow in value, these families struggle to maintain the value of their homes. She reminded the County Commissioners of the longstanding nature of the promises that this landfill would be closed. She said that a waste transfer station at this location would instead tend to make permanent this area's excessive burdens in relation to the County's waste. She urged the Board of County Commissioners to seek a mare appropriate non-residential location for waste handling. Bill Clayton said that he lives in an area that would be impacted if this facility were put in the NC 10/US 70 areas. He said that this site would impact a lot of people and this is a rapidly growing corridor. He said that he feels for the County Commissioners and the dilemma that they face. He said that there should be a search committee to look at Orange County and try to find a place where so many people will not be impacted. Donald Curry asked about the difference between a landfill and a transfer station and Gayle Wilson said that there is a significant difference. He said that a landfill is a facility whereby waste is buried in an engineered liner facility. They are usually fairly large, a minimum of 2~0-300 acres, and there are many more regulations that govern them because the waste is being exposed directly to the environment. It is an open facility. The cost is $400,000 per acre to develop. There has only been one landfill permitted in the state of North Carolina in the last five years. A transfer station is a fully enclosed facility that has heavy-duty concrete floors and a tunnel at one end for trucks to come through. The waste does not come into contact with the environment. It can be constructed on 10 acres. Landfills typically last a long time, and transfer stations could last 20-25 years. Transfer stations have about the same amount of traffic ar slightly more than a landfill. Commissioner Nelson said that a number of the speakers spoke about the process specifically. There have also been a lot of letters from citizens about the process, including a letter from Mayor Chilton. He said that neither Town government chose to give input, but Mayor Chilton gave input on his awn behalf. Some of the criticisms involved the lack of criteria and lack of a search, as well as the timing. He said that it is important to acknowledge that the process did not work the way it should have. He said that there should have been criteria and a search years ago. Commissioner Foushee added that the Board did not direct staff, as it should have. She bears responsibility to this. She said that she could say that she is not proud at this point, but the County Commissioners have been commissioned to make these tough decisions. She said that the members of the SWAB are volunteers and they did the best that they could. She thanked the SWAB and the staff for their work. Commissioner Jacobs said that, despite the fact that he has consistently served with intelligent colleagues, staff, and advisors, things do not work in government in a smooth, logical, measured manner a lot of the time. He recalls beginning the discussion on a transfer station in 2001, when a master plan for the Eubanks Road property was adopted. He agrees that this could have been a better process, but he does not agree that this has popped up at the last minute. He pointed out that there were several discussions with Durham and he went to a SWAB meeting and chastised them for giving a conclusion before the County Commissioners had time to talk to Durham and consider the Durham option. He said that the Board of County Commissioners was going to consider, before it came to any conclusion, issues of social justice and environmental justice, and there was an understanding that it was ultimately the County Commissioners' call. Commissioner Gordon said that she echoes what her colleagues have said. She said that she would have liked to have done some things differently. Commissioner Nelson said that he has struggled with a number of issues. The first issue is that he has a deep philosophical objection to shipping the County's trash somewhere else. The other issue is the Rogers Road community and the promises that were made. He does believe that promises were made. He said that he fought the previous attempt to site a new landfill in this area. He said that sometimes you make promises and circumstances change. He said that the issue of shipping waste to northern Orange County and the costs, etc., bothers him. He also wants to factor in greenhouse gas emissions. He said that visiting the transfer station in Greensboro was important to him, and it was not at all how he had imagined it. He said that it is very different from a landfill. He expected more traffic. He said that, given the timeline and given the need for the transfer station, he very reluctantly supports the Eubanks Road site, and he has a resolution to present if they get to that tonight. Commissioner Foushee commented on Commissioner Nelson's sharing his concern of the lack of excess capacity of the landfill. She said that, regardless of the decision tonight, there is still a decision that must be made in terms of what the County will do if it is not able to get trash out of Orange County. There should be a plan for this. Commissioner Jacobs agreed with Commissioner Foushee and said that contingency plans are needed. He said that part of the reason the County Commissioners kept putting off the decision about the transfer station was because no one wanted it on Eubanks Road. Commissioner Gordon said that the County Commissioners did put off the decision and they should not have put it off. She said that they have come to the point to where they have to make a decision. Commissioner Nelson made reference to his resolution and said that he tried to reflect comments that came up at January 18th community meeting. The resolution is stated below: Orange County Transfer Station Resolution Whereas, the Eubanks Road site is close to the populationlwaste generation center of Orange County thus minimizing cast, pollution and green house gas emissions, and Whereas, the Eubanks Raad site has excellent access to paints outside Orange County because of the nearness to I-40 and other major highways, and Whereas, this site is near a railroad, thereby offering flexibility in transportation alternatives, and Whereas, the Eubanks Road site is in an area appropriately zoned for the proposed use and will add minimal traffic to an existing road, and Whereas, the time for obtaining approvals, designing, and constructing a transfer station is tight since the landfill is expected to reach capacity in 2010, and Whereas, the Solid Waste Advisory Board has strongly recommended that the Eubanks Road site be the location for the waste transfer station (and an explanation of the Solid Waste Advisory Board's rationale for its recommendation can be found in the attached March 19, 2007 Memorandum on Waste Transfer Station Siting). Now, therefore be it resolved that the Orange County Board of County Commissioners finds that the solid waste transfer station on Eubanks Road should be sited on Eubanks Rd, that it should be designed with care, that it must be aesthetically pleasing, and that the fapade should be made of brick, stone or other attractive material, and Be it further resolved that the buffer between the roadway and the facility should exceed the minimum buffer required and be as wide as is practically possible, and Be it further resolved that the Board will enter into discussion with the historic Rogers Road neighborhood to determine a community development program that enhances the neighborhood, including but not limited to the following items identified by the neighborhood at the January 18, 2007 meeting; a. Seek reduction of speed limit along Rogers and Eubanks Roads b. Pave driveway surface in and out of new facility c. Ban public and private waste hauling vehicles from using Rogers Road as they travel to/from the transfer station d. Seek the installation of a sidewalk along Rogers Road e. Install the sewer line to the leachate pond in a timely manner f. Work with our transit partners to secure a bus route that serves the Rogers Raad neighborhood Be it further resolved that the Board agrees to pursue the following additional actions that were identified in the January 18, 2007 meeting with the historic Rogers Road neighborhood: Place large numbers on the side of solid waste vehicles so they can be easily spotted and reported if caught speeding b. Amend contracts with haulers to ensure that tarps cover all loads traveling to and from the transfer station c. Any spilled liquids at the transfer station site will be filtered and diverted to the sewer syste m d. Modify waste hauling agreements to include a requirement to maintain all factory installed collection vehicle body plugs and seals in an operable condition to avoid leaking. Be it further resolved that the Board agrees to continue to discuss a community development program with the historic Rogers Road neighborhood in order to solicit further ideas and feedback, and Be it further resolved that the Orange County Board of Commissioners directs staff to begin planning a solid waste transfer station far the Eubanks Road site. A motion was made by Commission Nelson, seconded by Commissioner Jacobs to approve the resolution as stated above, with an addition: "Be it further resolved to develop a plan with law enforcement to enforce speed limits and requirements for covered loads." Commissioner Jacobs commented on what swayed him. He said that the County can have the disposal of waste as close to the center of waste generation as is feasible. He said that everyone tries to put undesirable facilities at a distance, and he has the same inclination. He lives hear 12 lanes of interstate, and it is oppressive in terms of smell and sound. He said that it is a public amenity that he had no say over and no control over. He suspects that a lot of people have the same experience. He said that Orange County is not operating with a clean slate, and this is the logical decision to make. Commissioner Gordon said that this is not something that she has any pleasure in doing, but they are pushed in this direction. VOTE: UNANIMOUS b. Approval of Inter-local Agreement w1 Chapel Hill-Carrboro City Schools Establishing a Lease Agreement and Agency Agreement for Elementary School #10 The Board considered approving an inter-local agreement with the Chapel Hill-Carrboro City Schools District that provides for aforty-year land lease and designation of the School Board as agent of the Orange County Board of County Commissioners in constructing and equipping Elementary School #10 within mutually approved finances and authorizes the Chair to sign. Geof Gledhill said that this school will be located on property that Orange County awns. In order for the school board to do the construction project and to operate the school, it is necessary for the school system to have control over the property. The features of the inter- local agreement are that the County will lease this property to the Board of Education for forty years, and the school board will be appointed to be the County's agent for purposes of constructing the school. In addition, he has included a process that would have the County and the Board of Education developing avalue-added cooperative process in the event of change orders during the course of construction. He said that the CHCCS Board approved this agreement last week. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve an inter-local agreement with the Chapel Hill-Carrboro City Schools District that provides far aforty-year land lease and designation of the School Board as agent of the Orange County Board of County Commissioners in constructing and equipping Elementary School #10 within mutually approved finances and authorize the Chair to sign. VOTE: UNANIMOUS e. Appointments (1) Arts Commission -New Appointments The Board considered making new appointments to the Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Leah Rade, Linda Marco, Mary Jane Felgenhauer, and Shannon Jackson to the Arts Commission, and each will be serving first full terms, which end on 3131/2009. VOTE: UNANIMOUS (2) Board of Equalization and Review -New Appointments The Board considered appointments to the Board of Equalization and Review. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve Tom Heffner as a regular member of the E&R Board of Equalization and Review. VOTE UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve Jerry Kruter as a regular member of the E&R Board of Equalization and Review. VOTE UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve Jane Sparks as a regular member of the E&R Board of Equalization and Review. VOTE: UNANIMOUS The Board agreed to appoint Margaret Brown, Claire Williams, Bill Crowther, Pam Davis, Reg Morgan, and Tim Kepley as alternate members. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Jane Sparks as Chair of the E&R Board of Equalization and Review. VOTE: UNANIMOUS (3) Mebane Planning Board -New Appointment The Board considered making one appointment to the Mebane Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to appoint Thomas Fenske to a full term ending June 30, 2011. VOTE UNANIMOUS (4) 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 {5) Orange Person Chatham (OPC1 Area Programs Board -New Appointments The Board considered making a new appointment to the OPC Area Programs Board. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to appoint Lynn Ikenberry to the Orange Person Chatham {OPC) Area Programs Board for a partial term ending December 31, 2008. VOTE: UNANIMOUS 10. Reports a. Schools Adequate Public Facilities Ordinance (SAPFOI- Review of Annual Technical Advisory Committee Report The Board was to receive far review the 2007 Annual Report of the SAPFO Technical Advisory Committee {SAPFOTAC) and refer it to the DAPFO partners for comments before certification in mid-May. DEFERRED 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna 5. Baker, CMC Clerk to the Board