HomeMy WebLinkAboutMinutes - 20070612APPROVED 9!6!2007
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 12, 2007
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June 12,
2007 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners
Valerie P. Foushee, Alice M. Gordon, Barry Jacobs and Mike Nelson
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and Brian Ferrell
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Chanaes to the Aaenda
Chair Carey reviewed the handouts.
Commissioner Jacobs asked about the change on item 4-ii, since it is an the consent
agenda.
Laura Blackman said that both 4-ee and 4-ii have revisions. Item 4-ee had same
incorrect page numbers and the student membership projection methodology is an average.
Item 4ii was an item on the public hearing, and additional information was included in the
packet. The abstract left off that the recommendation will not include the rural buffer. The
recommendations were also clarified further.
PUBLIC CHARGE
The Chair dispensed wifh the reading of the public charge.
2. Public Comments
a. Matters not an the Printed Aaenda
None
b. Matters on the Printed Aaenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. ProclamationslResolutionslSoecial Presentations
a. Steinbeck Award for Tom Konsler
The Board considered recognizing the accomplishments of one of the Health
Department senior staff members, Tom Konsler.
Laura Blackmon said that they are showing appreciation far employees who are
recognized outside the County. She read the award and said that she wanted the Board to
know that this employee was recognized at a state level for an on-site wastewater system. She
presented Tom Konsler with a plaque of recognition.
The County Commissioners commended Tam Konsler for this award.
b. Resolution Celebrating the 25t"Anniversary of Hillsborough Hog Day
The Board considered a resolution celebrating the silver anniversary of Hillsborough Hog
Day and authorizing the Chair to sign.
Jim Dooley brought greetings from the HillsbaroughlOrange County Chamber of
Commerce. He thanked the County Commissioners for their recognition of Hog Day. He said
that this year it will be at Cameron Park Elementary School due to renovations around the
courthouse.
Chair Carey read the resolution.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve a resolution as stated below celebrating the silver anniversary of Hillsborough Hag Day
and authorize the Chair to sign.
RESOLUTION
CELEBRATING THE 25T" ANNIVERSARY OF
HILLSBOROUGH HOG DAY
WHEREAS, the Hillsborough/Orange County Chamber of Commerce has conducted
Hillsborough Hog Day in Orange County for 25 years; and,
WHEREAS, Hillsborough Hag Day has graven from a small bake sale into an established
summer festival attracting national attention; and,
WHEREAS, family-friendly fun with a wide array of entertainment from diverse musical groups
to arts and craft displays draws thousands of visitors to Orange County on the
third weekend in June each year; and,
WHEREAS, Hillsborough Hog Day celebrates one of North Carolina's most important
agricultural products, park, by hosting 30 teams of cookers to turn three tons of
pork into slow cooked barbecue for consumption by Hog Day attendees; and,
WHEREAS, Hillsborough Hog Day is coordinated by the members and staff of the
Hillsborough/Orange County Chamber of Commerce with hard-working volunteers
from organizations, businesses, and civic groups from across the county; and,
WHEREAS, Hillsborough Hog Day was named one of the "Summer's Best Activities" by
MSN.com in 2005; and,
WHEREAS, Hog Day was reference specifically when the National Trust for Historic
Preservation designated Hillsborough as one of America's "Dozen Distinctive
Destinations" in 2007; and,
WHEREAS, the Silver Anniversary of Hillsborough Hog Day will be celebrated on Friday, June
15 and Saturday, June 16, 2007;
NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners do hereby
recognize Hillsborough Hag Day for 25 years of barbecue and fun in Orange
County.
This the 12th day of June 2007.
VOTE: UNANIMOUS
c. Resolution Supporting Efforts to End Human Trafficking in North Carolina
The Board considered adoption of a resolution that supports efforts to end human
trafficking in North Carolina and authorizing the Chair to sign.
Human Rights and Relations Interim Director James Spivey reviewed this resolution. He
said that during the May meetings of the Human Right and Relations Commission and the
Commission for Women, both commissions recommended that this resolution be brought before
the Board of County Commissioners. Additionally, the N. C. General Assembly was considering
anti-human trafficking bills. He said that human trafficking is a modern-day form of slavery, in
which men, women, and children are exploited sexually, and it is cheap labor if there is any pay
at all. He said that this warrants immediate attention from the local, state, and federal officials.
He read the resolution.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve adoption of a resolution that supports efforts to end human trafficking in North Carolina
and authorize the Chair to sign.
RESOLUTION SUPPORTING EFFORTS TO END HUMAN TRAFFICKING IN NORTH
CAROLINA
WHEREAS, human trafficking is a form of modern day slavery in which men, women, and
children are exploited for commercial sex and labor purposes; and
WHEREAS, human trafficking is currently the second largest criminal industry in the world after
drug dealing, and is the fastest growing; and
WHEREAS, victims of human trafficking can frequently be found in domestic labor situations,
sweatshop factories, construction, farm work, hotel, restaurant and tourist industries, janitorial
work, and the commercial sex industry; and
WHEREAS, traffickers use force, fraud and coercion to draw victims into lives of servitude and
abuse, frequently subjecting victims to rape, beatings, confinement, debt bandage, involuntary
servitude, and psychological and emotional abuse; and
WHEREAS, systematic approaches to detecting trafficking, creating protocols for assisting
victims, providing services to trafficking victims, and holding traffickers accountable are all
crucial steps in eradicating trafficking; and
WHEREAS, the U.S. Congress responded to the problem of human trafficking by passing the
Victims of Trafficking and Violence Protection Act of 2000, a comprehensive statute designed to
hold traffickers accountable and provide services for trafficking victims; and
WHEREAS, North Carolina's location on the I-95 corridor, large military bases, large immigrant
population and demand for immigrant labor creates an environment hospitable to trafficking in
our area: and
WHEREAS, U.S. government studies estimate that approximately 800,000 persons are
trafficked across international borders each year, with 18,000 to 20,000 persons trafficked into
the United States and thousands mare trafficked domestically; and
WHEREAS, the Federal Bureau of Investigation (FBI) estimates that 23°~ of those trafficked
into the United States are trafficked into the southeast; and
WHEREAS, the General Assembly of North Carolina passed House Bill 1896 into law in August,
2006, which addresses human trafficking and sexual servitude by increasing criminal penalties,
especially for those individuals who harbor children; and
WHEREAS, there are currently two anti-trafficking bills -Senate Bill 1079, sponsored by
Senator Ellie Kinnaird, and House Bill 974 -being considered by the North Carolina General
Assembly;
NOW, THEREFORE, BE IT RESOLVED that the Orange Caunty Baard of Caunty
Commissioners supports efforts locally, statewide, and nationally to combat human trafficking,
including asking local state legislators to support the current legislation.
This the 12th day of June 2007.
VOTE: UNANIMOUS
d. OWASA Water and Sewer Rate and Fee Proposals
The Board received a report on OWASA's water and sewer rate proposals far FY 2007-
08far BOCC review and questions.
OWASA Baard Chair Mac Clarke said that OWASA is proposing changes to the water
and sewer rates due to a rate study recently completed. He made a PowerPoint presentation.
Proposed Changes to OWASA's Water and Sewer Rates
Presentation to the
Orange County Baard of County Cammissianers
June 12, 2007
Key Facts Impacting Budget & Rates
/ Record drought of 2009-02
/ Seasonal rates 2002
/ Year-round conservation 2003
/ Since FY 2003, actual revenue has been $6 million under budgeted projections
/ Costs of OWASA's wastewater (sewer) services have increased at a much higher rate than
for water services
Key Questions...
/ Haw much revenue does OWASA need and why?
/ How should OWASA raise the necessary revenue?
1. How much revenue does OWASA need and why?
$98.4 million capital impravements
18.5 million Operations and maintenance
9.7 million Debt service
60°l0 of our budget supports the renewal and replacement of aging infrastructure -the #1
challenge for water utilities throughout the country
Capital Improvements are Needed to be Sustainable...
/ Guided by our 50-Year Master Plan, we have a progressive 15-Year Capital Improvements
Program
/ Since 9999, OWASA has borrowed $910 million for capital improvements
/ $50+ million invested in the last 5 years to upgrade and expand the Mason Farm
Wastewater Treatment Plant
~ How should OWASA raise the necessary funding?
Key principles:
/ Cost of service rates are required
/ Growth should pay for growth
/ Fiscally sound
/ Encourage greater conservation
To raise the necessary revenues, a combined water and sewer rate increase of about 9.5°~ is
needed:
Water - 6.25%
Sewer - 13.75%
Why is additional conservation needed? {chart)
Increasing Block Rates for Individually Metered Residential Customers
/ Sends strong price signal to higher-than-average users to conserve
/ Nelps to reduce the effect of rate increases for law valume users
/ Eliminates fhe seasonal rate impact for low volume users
/ Proven and successful conservation tool
Customer Impacts (with 9.5% rate increase) (table)
Our decisions are guided by principles of sustainability for our:
/ Customers
/ Limited resources
/ Infrastructure and facilities
/ Fiscal affairs
"the true cost of water"
How increasing block water rates work
How OWASA rates compare
OWASA Board Schedule
for Budgets & Rates
Plant-in-Service Method
/ Utilizes Replacement Cost Less Depreciation value of the existing system plus the cost of the
five-year CIP (in current year dollars).
/ Includes a credit to reflect the present value of future debt service payments to avoid a
double recovery of capital costs.
/ Considered the fairest alternative methodology
• includes all eligible assets in the service availability fee
• avoids double counting asset value of original projects and their replacement by including
all assets, even rehabilitation and replacement assets, and depreciating all assets.
Commissioner Jacobs thanked him for coming and for helping Orange County work with
Hillsborough with the new rain collection system at Durham Tech. He asked if the projections
included an increase in the use of green building principles, reduced water consumption, etc.
Mac Clarke said that they have not yet built this in as a specific reduction in demand. He
said that there will be discussions on giving green buildings same relief an the accessibility fees.
Green building also should be more clearly defined.
Commissioner Jacobs asked about the intended use of the No-Fault Well Repair Fund
for the expanded stone quarry. Mac Clarke said that the payment is made every year to Orange
County. Planning Director Craig Benedict said that there is a lag with the complaints, which is
sent to Environmental Health far investigations. Any investigations are paid for with the fund.
To his knowledge, there have not been many requests. Tam Konsler said that there have been
four inquiries in the last six months.
Commissioner Jacabs asked for a report at a later time an how much this fund has been
used historically.
Commissioner Jacobs asked about customers within the service area and asked if these
residents could have a well to water their own yards. Mac Clarke will check on this possibility.
Commissioner Jacobs made reference to Chatham County and said that OWASA has
tied up one of the only two intake sites at Jordan Lake and essentially Chatham County is being
held hostage by the Town of Cary. He said that Orange County would like to invite OWASA to
meet with the Chatham and Orange County Commissioners to talk about leasing this property
or entering into some kind of arrangement. Mac Clarke said that his concern would be to
protect OWASA's access should it ever become necessary.
Chair Carey said that the Board would like to invite the OWASA Board and the County's
appointees to the OWASA Board to discuss this further at a later work session.
e. Upper Neuse River Basin Association Report
The Board received a short presentation from the Upper Neuse River Basin Association
{UNRBA) by Association staff member Ms. Sarah Bruce.
Sarah Bruce said that the association is voluntary. She said that the Nutrient
Management Strategy for Falls Lake is going to be getting underway in March 2008. The
association is gathering stakeholders together for this. She said that Orange County has done
a great job protecting its natural resources. All of the development in the area will have a big
impact on the Upper Falls Lake, and this is the reason for the Nutrient Management Strategy.
She said that it would be helpful to have a County Commissioner representative serve when the
Nutrient Management Strategy is developed.
Chair Carey said that he is the Board's representative on the Upper Neuse River Basin
Association, and he is unable to attend these meetings at times. When he cannot attend, Tom
Altieri from Planning attends. He said that as this moves toward implementation, the County
Commissioners need to be aware.
Sarah Bruce said that the association will also be doing a local management strategy
review and all of the member governments will be asked to do aself-assessment of the policies
in place.
Commissioner Jacobs asked about the relationship between this management plan and
the Jordan Lake plan. He asked if they would have the same basic principles. Sarah Bruce
said that they should be very close.
Commissioner Jacobs asked if there has been discussion about storm water
management credits and Sarah Bruce said that they do not have this in their plan, but they do
have a mechanism to trade equity and balance out the impacts of who pays and who benefits.
Commissioner Jacobs said that Orange County is the protectors of others' water and
actually downzones to protect the water, the other jurisdictions develop, and then Orange
County is asked to protect it some more. He asked if there would be some reciprocity going into
this. Sarah Bruce said that Orange County might want to consider getting together with some of
the upstream local governments. She said that it seems appropriate that Orange County should
be recognized far its efforts.
Sarah Bruce said that the management plan and other background and details about
this effort is an their website: www.unrba.org.
4. Consent Agenda
A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from April 19, 24 and 26, 2007, also October 17 (8:OOam}, 17,
5 and 3, 2006 as submitted by the Clerk to the Board.
b. Appointments
(1) Board of Health -Reappointments
The Board reappointed Jim Stefanadis, Tim Carey, and Jessica Lee to the Board of Health
to second full terms ending June 30, 2010.
(2) Chapel Hill Board of Adiustment
The Board reappointed Peter Strongoli to the Chapel Hill Board of Adjustment to a first full
term ending June 30, 2010.
(3) Nursing Home Community Advisory Committee -Reappointments
The Board reappointed Mary Ann Peter and Pat Koch to the Nursing Home Community
Advisory Committee to full terms ending June 30, 2009.
(=4) Human Relations Commission -Reappointment
The Board reappointed Vivette Jeffries-Logan to the Human Relations Commission to a first
full term ending June 30, 2010.
(5) Economic Development Commission -Reappointments
The Board reappointed Bob Ward and Bryant Colson to the Economic Development
Commission to second full terms ending June 30, 2010.
c. Home and Community Care Block Grant far Older Adults Funding Plan - FY2007-
2008
The Board approved the recommended Home and Community Care Block Grant for Older
Adults Funding Plan for FY 2007-08 in the amount of $451,105 and authorized the Chair to
sign.
d. Hyconeechee Regional Library Contract Agreement Renewal
The Board renewed the contract agreement between the Hyconeechee Regional Library
System and the counties of Caswell, Orange, and Person; and authorized the Chair to sign.
e. Renewal of Contract for Household Hazardous Waste Collection Services
This item was removed and placed at the end of the consent agenda for separate
consideration.
f. Contract Renewal -The Peoples Channel for Live Casting, Video Taping, and
Cable Casting Orange County Board of Commissioners' Meetings
The Board approved a contract renewal with The People's Channel for live casting, videotaping,
and cable casting regular Board of County Commissioners' meetings and authorized the Chair
to sign.
c„~. Contract Renewal with Dr. Marat Dubrovsky, DVM, DBA Nicks Road Veterinary
Clinic, for SpaylNeuter Surgery Services with the Animal Shelter Division of the
Animal Services Department
The Board approved a contract renewal with Dr. Marat Dubrovsky, DVM, to provide spay/neuter
surgery services for Orange County's Animal Shelter at the unit price of $63 per surgery during
FY 2007-08 and authorized the Chair to sign, pending final review by staff and the County
Attarney.
h. Contract Renewal with Dr. James Miller, DVM, DBA North Churton Street Animal
Services Department
The Board approved a contract renewal with Dr. James Miller, DVM, to provide spaylneuter
surgery services for Orange County's Animal Shelter at the unit price of $63 per animal during
FY 2007-08 and authorize the Chair to sign, pending final review by staff and the County
Attorney.
i. Contract Renewal with Town of Carrboro for County Provision of Emergency
Animal Rescue Services (EARS)
The Board approved a contract renewal with the Town of Carrboro to provide the Town with
Emergency Animal Rescue Services in the amount of $6,000 during FY 2007-08 and authorized
the Chair to sign pending final review by staff and the County Attorney.
L Contract Renewal with Town of Chapel Hill for County Provision of Animal Control
and Emergency Animal Rescue Services (EARS)
The Board approved a contract renewal to provide the Town of Chapel Hill with animal control
and emergency animal rescue services from July 1, 2007 through June 30, 2008 in the amount
of $75,000 and authorized the Chair to sign pending final review by staff and the County
Attarney.
k. Contract Renewal for Pharmacy Services for Health Department
The Board renewed a contract for pharmacy services for the Health Department and authorized
the Chair to sign, pending the approval of the 2007-08 budget and County Attorney review.
I. Agreement Renewal with Chapel Hill Training and Outreach, Inc. and Health
Department for Dental Services for Head Start
The Board renewed an agreement for the Health Department provision of dental services for the
Head Start Program offered by Chapel Hill Training and Outreach, Inc. in northern Orange
County and authorized the Chair to sign.
m. Renewal of Contract with Center for Employment Training for Vocational Training
The Board renewed the contract with the Center for Employment Training and authorized the
Chair to sign.
n. Renewal of Contract with Arcadia Health Care to Provide In-Home Aide Services to
Eligible Adults
The Board approved the contract renewal with Arcadia Health Care for Fiscal Year 2007-2008,
authorized the Chair to sign the contract, and directed DSS staff to work with Arcadia during the
year to review and discuss any possible issues related to its employees receiving a living wage.
o. Renewal of Contract with Home Health Solutions to Provide In-Home Aide
Services to Eligible Adults
The Board approved the contract renewal with Home Health Solutions for Fiscal Year 2007-
2008, authorized the Chair to sign the contract, and directed DSS staff to work with Home
Health Solutions during the year to review and discuss any possible issues related to its
employees receiving a living wage.
~ Renewal of Contract with Infinity Health Services to Provide In-Home Aide
Services to Eligible Adults
The Board approved the contract renewal with Infinity Health Services for Fiscal Year 2007-
2008, authorized the Chair to sign the contract, and directed DSS staff to work with Infinity
during the year to review and discuss any possible issues related to its employees receiving a
living wage.
~ Renewal of Contract with Personalized Patient Home Assistance to Provide In-
Home Aide Services to Eligible Adults
The Baard approved the contract renewal with Personalized Patient Home Assistance for Fiscal
Year 2007-2008, authorized the Chair to sign the contract and directed DSS staff to work with
Personalized Patient Home Assistance during the year to review and discuss any possible
issues related to its employees receiving a living wage.
r. Renewal of Contract with Touched By Angels to Provide In-Home Aide Services to
Eligible Adults
The Board approved the contract renewal with Touched By Angels for Fiscal Year 2007-2008,
authorized the Chair to sign the contract, and directed DSS staff to work with Touched By
Angels during the year to review and discuss any possible issues related to its employees
receiving a living wage.
s. Renewal of Cantract with Triangle Home Health Care to Provide In-Home Aide
Services to Eligible Adults
The Board approved the contract renewal with Triangle Home Health Care for Fiscal Year 2007-
2008, authorized the Chair to sign the contract, and directed DSS staff to work with Triangle
Home Health Care during the year to review and discuss any possible issues related to its
employees receiving a living wage.
t. Renewal of Contract with Narthen Blue for DSS Legal Services
The Board accepted the Social Services Board recommendation and approved the contract
renewal for legal representation with Northen Blue, LLP, for Fiscal Year 2007-2008 and
authorized the Chair to sign the contract.
u. Renewal of Contract with Orange-Person-Chatham LME to Assist and Support
Access for Social Services Clients
The Board continued a contract with Orange-Person-Chatham LME for apart-time liaison to
assist clients of Social Services to access needed mental health services and authorized the
Chair to sign.
v. Cantract Renewal with Orange County Schaals System for Adolescent Parenting
Services
The Baard accepted the Social Services Board recommendation and approved the contract
renewal with the Orange County Schools System and authorized the Chair to sign.
w. Reinstating of Contract with Chapel Hill-Carrboro City Schools for Adolescent
Parenting Services
The Board accepted the Social Services Baard recommendation and approved the contract
reinstatement with the Chapel Hill-Carrboro City Schools System and authorized the Chair to
sign.
x. Renewal of Cantract with Orange Public Transportation to Provide Medically
Necessary Transportation to Medicaid Clients
The Board accepted the Social Services Board recommendation and approved the contract
renewal with Orange Public Transportation and authorized the Chair to sign the contract.
~ Renewal of Cantract for Social Work Services Between Orange Caunty Schools
and Orange County Department of Social Services
The Board renewed the contract between the Orange County Schools and the Orange County
Department of Social Services for the provision of eight Department of Social Services positions
and related supervision to provide social work and case management services in the schools
and authorized the Chair to sign.
z. Renewal of Contract with UNC Hospitals for DSS to Provide Medicaid Workers
The Board continued the contract for income maintenance staff at UNC Hospitals and
authorized the Chair to sign.
aa. Jail HVAC System Replacement Analysis, Chiller Replacement and Contract for
Replacement System Design Services
The Board:
1) Received the "Orange County Jail HVAC System Upgrade -Life Cycle Cost Analysis";
2) Exempt this project from the qualification base selection process for engineering
services as allowed by NCGS 143-64.32;
3) Authorize the Purchasing Director to execute a contract with Reece Noland & McElrath,
Inc. in the amount of $54,000 for provision of professional engineering services for
design of a replacement HVAC system for the Orange County Jail in accordance with
the attached proposal; and
4) Authorize the Purchasing Director to execute a contract with Reece Noland & McElrath,
Inc. in the amount of $8,000 for provision of professional engineering services for
performance of an existing building code review in accordance with the attached
proposal.
bb. Bradford Ridge Road Petition for Addition to the State Maintained System
The Board approved recommending to NCDOT that it accept the request to add Bradford Ridge
Road to the State Maintained Secondary Road System.
cc. Petition for Addition of Subdivision Roads (Edburton Court and Berwick Place} to
the State Maintained System
The Board approved recommending to NCDOT that it accept a request for additions to the State
Maintained Secondary Road System for Edburton Court and Berwick Place.
dd.Orange County Transportation Priority List far the 2009-2015 TIP
This item was removed and placed at the end of the consent agenda for separate consideration.
ee. Schools Adequate Public Facilities Ordinance (SAPFO} -Approval of Annual 2007
Report
This item was removed and placed at the end of the consent agenda for separate consideration.
ff. Duke Energy Right-of-Way at Durham Technical Community College -Orange
Campus
The Board approved aright-of-way agreement as requested by Duke Energy for power lines to
be installed for the Durham Technical Community College satellite campus in the Waterstone
development, in Hillsborough and authorized the Chair to sign.
g~c ..Contract Approval with Raftelis Financial Consultants to Conduct a Rate Study for
the Efland Sewer System
The Board awarded a contract for professional services associated with conducting a rate study
for the Efland Sewer System to Raftelis Financial Consultants of Charlotte, North Carolina at an
amount not to exceed $14,829 and authorized the Purchasing Director to execute the contract
pending final review by staff and the County Attorney.
hh. Budget Amendment #13
The Board approved budget, school and county capital project ordinance amendments for fiscal
year 2006-07 for Department of Social Services, Governing and Management Non-
Departmental, Sheriff's Department, Chapel Hill-Carrboro City Schools Capital Project
Ordinance Corrections, Department on Aging, and Orange Public Transportation.
ii. Agricultural Support Enterprises (ASE)
This item was removed and placed at the end of the consent agenda for separate consideration.
Resolution Requesting that the Budget for the State of North Carolina Be
Approved by July 1, 2007
The Board approved a resolution, which is incorporated by reference, requesting that the
budget for the State of North Carolina be approved by July 1, 2007 and authorized the Chair to
sign.
kk. Resolution in Support of the State Energy Office
The Board approved a resolution, which is incorporated by reference, requesting support for the
State Energy Office and authorized the Chair to sign on behalf of the Board of Commissioners.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
e. Renewal of Contract for Household Hazardous Waste Collection Services
The Board considered continuing the contract with ECOFLO Inc. for Household
Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) Waste
Collection and Disposal Services and authorizing the Chair to sign subject to final review by
staff and the County Attorney.
Commissioner Jacobs said that he would like for the Solid Waste Advisory Board and
staff to re-contact some of the other jurisdictions for a possible partnership. He respects why it
did not work initially, but he does not want to give up.
Solid Waste Director Gayle Wilson said that he would speak to his counterparts in
adjacent counties.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve continuing the contract with ECOFLO Inc. for Household Hazardous Waste (HHW) and
Conditionally Exempt Small Quantity Generator (CESQG) Waste Collection and Disposal
Services and authorize the Chair to sign, subject to final review by staff and the County
Attorney.
UOTE: UNANIMOUS
dd. Orange County Transportation Priority List for the 2009-2015 TIP
The Board considered endorsing projects and/or comments regarding priority
transportation projects for inclusion in the North Carolina Department of Transportation
(NCDOT) 2009-2015 Transportation Improvement Program (TIP).
Commissioner Jacobs said that he had a concern about the TIP that refers to the
widening of NC 86 north of Hillsborough. He thinks that a little more thought should go into this
because it presupposes that there will be an east-west connector, which goes across the
watershed (#6 on page 5).
Transportation Planner Karen Lincoln said that when this was first proposed with the
technical coordinating committee, they extended this to Coleman Loop because it was the
boundary of the metropolitan planning area. Orange County is most concerned with the part
between NC 57 and US 70.
Commissioner Jacobs said that they need to look at presupposing that it will hook up
with an east-west bypass of Hillsborough, which goes across a watershed and he would not
support it. Also, Caswell County wants to four-lane NC 86 from the county line all the way to
Hillsborough. Also, on page six, he would like to look at the two alternatives and see if one is
more realistic than the other.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve endorsing projects andlor comments regarding priority transportation projects for
inclusion in the North Carolina Department of Transportation {NCDOT) 2009-2015
Transportation Improvement Program {TIP).
VOTE UNANIMOUS
ee. Schools Adequate Public Facilities Ordinance (SAPFOI-Approval of
Annual 2007 Report
The Board considered approving the 2007 SAPFOTAC Report related to various
aspects of Orange County Schools and Chapel Hill-Carrboro City Schools, as outlined in the
draft Annual Report of the SAPFO Technical Advisory Committee and the incorporated farms.
Commissioner Gordon made reference to the packet and said that there are
discrepancies in the report which should be corrected. Building capacities on pages 11-16 do
not match up with pages 47-48 and some things an pages 47-48 da not match up. On page 12,
the total membership says 1576, but the large sheet says 1580. On the 2006-07 requested
capacity, there are also discrepancies.
Chair Carey asked if this should be pulled rather than being further discussed tonight.
Commissioner Gordon did not have a preference.
Chair Carey said to defer this to make changes. Perdita Holtz said that this needs to be
certified by the end of June.
The Board agreed to defer this item until June 26tH
ii. Agricultural Support Enterprises (ASE)
The Board considered endorsing concepts, or elements on the Agricultural Support
Enterprises project from the May 21, 2007 Joint BOCCIPIanning Board Work Session and
authorizing the completion of the project in accordance with the schedule provided.
Commissioner Gordon said that she wanted to flag some things far change. On page 3,
she would like to add what the County Commissioners are supposed to do far #11. Also, she
saw a sawmill included as a land use, and she suggested looking into this further since it is an
intense use. She thinks that anything that says "RB" should be flagged, and then discussed
with our JPA planning partners before the county proceeds further with any changes in the
Rural Buffer. Regarding large-scale rural ventures, she thinks it is important to spell out what
kind of well and septic systems are intended. She said that she was pleased that the uses were
separated by intensity.
On Page 17, under June Advisory Board Circuit, she would like the County
Commissioners to be copied on all information regarding this.
Commissioner Jacobs said that there are two different sawmills -the first is #14 on page
4, which is incidental to a farm operation, and #54 is a freestanding sawmill, which is way more
intense. He thinks that it should be clearer in the title.
Commissioner Gordon said that the proposed conditional use process should be
managed carefully because the proposed process is very different from what has been done
before in Orange County. She wants to find a way to operationalize it so that there is not a lot of
uncertainty about the uses; otherwise, people may object later.
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
authorize the key concepts and elements of the Agricultural Support Enterprises proposal in
accordance with the schedule provided as Attachment 2 (with changes as stated above):
1} Begin drafting proposed amendments to the Land use Element to establish support
and/or consistency for the program within the Comprehensive Plan as well as
proposed amendments to the Zoning Ordinance to
a. Establish a list of permitted uses for the program including appropriate
application and review processes,
b. Establish implementation guidelines, and
c. Develop the conditional district zoning review process, for review and comment
by the Board of County Commissioners and Planning Board
2} Begin drafting clear performance standards, and
3) Create the ASE Manual for review and comment by Board of County
Commissioners, Planning Board, and other County advisory bodies.
By approving this recommendation, the Board of County Commissioners, as individuals
or as a group, are NOT approving specific uses that may have been provided for the purposes
of discussion.
VOTE: UNANIMOUS
5. Public Hearings -NONE
6. Regular Agenda
a. Animal Services Facility Plan Approval
The Board considered approving plans for the Animal Services facility to be constructed
on Eubanks Road on property adjacent to the Orange County Landfill.
Purchasing and Central Services Director Pam Janes said that the Board last saw this in
February and the planning group has been working on this diligently. The Town has been
holding to its promise to move it through the regulatory process quickly. The project will
hopefully start in the late fall or early winter to be completed by December 2008. The University
has asked the County to vacate the current animal shelter by this time. The plan on this agenda
must be approved before the summer break so that staff can work on it over the summer. Also,
over the summer the staff will be looking at the construction manager at risk and bringing
forward a contract after the break.
Ellen Weinstein from Dixon-Weinstein Architects made the presentation. She was joined
by Jim Compton and David Stoops. She made a PowerPoint presentation.
She said that there have been many staff reviews and planning processes, and at this
time the SUP is recommended for approval with the following stipulations:
• Adding a left turn lane from Eubanks Road
• Bike lane, curb and gutter
• 5 ft sidewalks on Eubanks and up to the front porch
• 16 inch water line
ORANGE COUNTY ANIMAL SERVICES
Animal Resource Center
A Community Destination
- Educate
- Promote Visitation
- Encourage Adoption
- Demonstrate Values
{various drawings of site)
SUSTAINABLE BUILDING STRATEGIES
. Orient building for most solar benefit -southern exposure for
daylight; shading to control glare and heat gain
. Use bio-retention and detention to manage stormwater on site
. Specify native plant materials to limit irrigation
. Reduce energy use with high-performance building envelope, high
efficiency hvac and energy recovery systems
Capture rainwater and provide well water for daily building cleaning
. Provide energy-efficient artificial lighting and controls
. Employ material from de-constructed buildings
Specify materials with high recycled content and low emissions
Orange Caunty
Animal Services Facilities Comparison
Existing Facilities Proposed
Animal Shelter (Chapel Hill} 12,700 sq ft
Animal Control (Hillsborough) 1,442
Administration (Chapel Hill} 455
Total Existing 14,597 sq ft Proposed 23,500 sq ft 62% increase
Number of Animal Enclosures
Existing 166 Proposed 248-264 49 - 59% increase
WHERE WE STARTED: pre-design
Building and Site -Original Budget $4,250,000
RFP - a building of 19,000-24,000 sq ft
As programmed - 23,500 sq ft
WHERE WE ARE: schematic design
WHY:
Site {beyond typical)
. Eubanks Road widening, curb, gutter and sidewalks Town requirement
. Offsite waterline extension, 16" line per OWASA Utility requirement
Well and piping
Winter site grading anticipated
Stormwater management
Excess Soil -Haul Offsite
Required landscape buffer
Water conservatian/reduce operating costs
Schedule requirement
Town requirement
Site design reconfiguration
Town requirement
$545,000 sub-total
WHERE WE STARTED: pre-design
Building and Site -Original Budget $4,250,000
RFP - a building of 19,000-24,000 sq ft
As programmed - 23,500 sq ft
WHERE WE ARE: schematic design WHY:
Building {beyond typical)
. HVAC -high efficiency, heat recovery, geo-thermal combo
Energy conservationlreduce
operating costs--6 year payback
. Plumbing -piping for water re-use Water conservation
. Electrical -lighting controls Energy conservation - 5 year payback
. Solar collectors, storage, pumps Energy conservation - 2 112 year payback
. Sustainable building upgrades (recycled materials, etc} Environment/lndaar
environment
Cistern(s), pumps (PV), metal roof Water conservation - 5 year payback
Generator and associated wiring (partial building} Emergency back-up
$590,000 sub-total
Building and Site -Proposed Probable Cast $5,385,000 total
Additional Design Fees TBD
Commissioner Gordon said that she thought the budget was for $5.8. million. Ellen
Weinstein said that this is correct. Of the $5.8 million, $4.2 million was originally designated as
construction casts. Pam Jones said that the $5.8 includes the land as well as design fees and
owner costs such as testing, etc. The funding plan will come back in August.
Laura Blackman said that this project will span two fiscal years, sa when the ten-year
capital plan is developed, the additional expenses for the second year will be adjusted.
Commissioner Jacobs thanked staff and design team for getting them to this paint. He
said that the County Commissioners did look at siting the building differently in response to
some early comments from the Chapel Hill Town Council. He asked why the parking was put in
the front. Ellen Weinstein said that this has to do with access to the site.
Commissioner Jacobs asked about the anticipated visitors per day and Animal Services
Director Bob Marotto said it would vary between 50 or more in a day, not counting the
volunteers or staff or extra programs at the facility. The upper estimate of trips per day would
be 75. It could be increased, because a new facility like this will attract more people.
Commissioner Jacobs asked about the amount of sidewalk and Ellen Weinstein said 560
feet at about $10/linear foot. Commissioner Jacobs asked if this building was designed to be
expandable in the future and Ellen Weinstein said yes.
Commissioner Gordon asked about the sidewalk and the issue of going over the
railroad. Laura Blackmon said that she has made a call to the Town Manager about this. She
said that she came from ahigh-growth community where there were often sidewalks to and
from nowhere. She thinks it is easier for the developer to contribute the funds needed to build
the sidewalk, put it in a fund, and then when there were connections, there were funds to put
the sidewalks in. She said that there were often problems with the railroad right-of-way. The
Town of Chapel Hill may allow the County to provide funding in advance for construction of a
sidewalk.
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
approve the plans and endorse the Construction Manager at Risk method of contracting for this
project.
VOTE: UNANIMOUS
b. Request to Expand the At-Carpe Membership of the Human Services Advisory
Commission
The Board considered a request from the Human Services Advisory Commission to
expand its at-large membership from seven members to eleven.
Assistant County Manager Gwen Harvey introduced Emily Adams, Chair of the Human
Services Advisory Commission, to talk in terms of the request to expand the membership.
Commissioner Foushee is the Commissioner liaison to this group.
Emily Adams said that currently there are seven at-large vacant positions, and there are
ten special representation positions. She said that adding four additional at-large member
positions would allow them to look for diverse areas to represent other human service needs.
The request is to increase from seven to eleven at-large positions.
Commissioner Foushee said that it has been difficult to get the member agencies to
participate in the meetings and difficult to maintain business because there is not a quorum.
She is in support of this request.
Commissioner Gordon said that this will bring the total to 22. Emily Adams said that
they did not want to send the message that certain groups were not relevant. She said that the
commission wants to fill at-large vacancies with constituents or other service providers that are
meeting the new human service needs.
Commissioner Foushee said that this commission is tasked with making
recommendations for Human Services funding.
Commissioner Jacobs said that he is willing to go along with this, but he thinks that the
commission should look at the positions that are empty and consolidate them into categories
instead of into organizations. Emily Adams said that they are working hard to get member
agencies at the meetings.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve a request from the Human Services Advisory Commission to expand its at-large
membership from seven members to eleven, but with modifications, which will keep the overall
membership at 18.
VOTE: UNANIMOUS
7. Reports-NONE
8. Board Comments
Commissioner Nelson -none.
Commissioner Jacobs thanked Florence Soltys for putting together the meeting last
Friday about the men's homeless shelter that was held at the Seymour Senior Center. He also
thanked Chair Carey for representing well what the County Commissioners' role is and the
process so that the people understand that the County Commissioners are not near a decision
point yet. He also thought that Mayor Foy made a strong plea to the community to take the
responsibility for siting a men's shelter. He said that Mayor Foy also indicated that the Chapel
Hill Town Council will be considering pretty soon whether or not to give the County the go ahead
to investigate the past office as an alternative justice facilities site.
Commissioner Jacobs said that he and Chair Carey represented the Board of County
Commissioners at the dedication of the Occoneechee Village in Alamance County. This is a
reproduction of a 1680 Occoneechee village.
Commissioner Jacobs said that the County Commissioners keep getting different
complaints about noise. Gene Povorano keeps asking for help with the go cart track as far as
time that noise is made as well as the amount of noise. He suggested getting Mr. Povorano to
contact the Planning staff and County Attorney to try and figure out a better way to regulate
noise.
Commissioner Jacobs said that one of the judges sent an email to Pam Jones and
copied him about trying to share on the website some of the schedules for construction and
parking changes as the courthouse expansion is done. He agrees with this. Beyond this, he
suggested having printouts of this information also. There is also a court website, so the
County website could be linked to this.
Commissioner Jacobs said that he was concerned when he was at the Seymour Center
dedication, and the speakers were offered drinks, and they were given Styrofoam cups. He
would like far the County to use bio-degradable, reusable containers for food and beverages.
He does not see why there is not a better job of central purchasing in Orange County.
Commissioner Jacobs said that the newspaper had an editorial about haw the County
Commissioners should talk about redoing the budget process with the schools. He said that
this was discussed, but it was not reported in the paper.
Commissioner Foushee said that last Thursday, the CHCCS Board decided to end its
discussion for First Schools with the University. The board determined that it was not fiscally
feasible for it to enter into a contract. The schools' portion of that project would have been $23
million to seat less than 300 students.
Commissioner Foushee said that she attended the Economic Development conference
sponsored by NCACC. She was particularly interested in the ED aspect as it related to
affordable housing and maintaining diversity within the County.
Commissioner Gordon said that the Smith Level Road Task Force finished its meetings
today and there is a task force report for Smith Level Road.
Commissioner Gordon said that the Special Transit Advisory Commission has had two
meetings to lay the foundation far their work. She is pleased that all are getting along so well.
Commissioner Gordon said that she gat a call from Paul Guthrie, who was appointed to
the Chapel Hill Planning Board as an ETJ representative. She said that Paul Guthrie told her
that the Town of Chapel Hill is thinking about eliminating one of the appointee slots from the
ETJ but that they may consider grandfathering him in. If the County Commissioners have an
opinion on this, then they may want to articulate this to the Town of Chapel Hill.
Commissioner Nelson suggested having staff call Chapel Hill tomorrow and get a copy
of the information.
Commissioner Jacobs suggested seeing how many people are in the ETJ who might be
represented. Commissioner Gordon said that there is a lot of undeveloped land in the ETJ.
Chair Carey said that the Board will get this information from the staff.
Commissioner Jacobs suggested asking staff to communicate to Chapel Hill to not make
a decision until they hear from Orange County Laura Blackmon said that she would call Roger
Stancil tomorrow.
Chair Carey said that the Board has received a request from the Board of Health (BOH)
to meet with the County Commissioners sometime in the fall. He will be responding to this and
will schedule the meeting.
Chair Carey said that the BOH also informed the County Commissioners that OWASA
has offered free lead testing far families on their system. He neglected to mention this when
OWASA was here. He commended OWASA for offering this free service.
Chair Carey said that he and Commissioner Foushee are on the Rogers Road Task
Force, and the plan is to have an interim report by the end of June. He said that the group will
go longer than anticipated to thoroughly discuss all of the issues.
Chair Carey said that there will be a meeting proposed with Chatham County, Orange
County, UNC, OWASA, TTA, Chapel Hill, Carrboro, and Pittsboro. This group will discuss all of
the issues of mutual interest and decide how to address them. The Mayors or Chairs, Vice-
Chairs, and Managers from these groups will be invited.
Chair Carey asked for a report about the little white house at Southern Human Services
Center and Chair Carey said to let the Commissioners know. Laura Blackmon said that there
was an initial report, and she will give a full timetable.
9. County Manager's Report
Laura Blackmon introduced Willie Best as the new Assistant County Manager. Mr. Best
will be heading up Economic Development until a new Director is hired.
Laura Blackmon said that the staff is finalizing the justice facilities renovations and full
construction will start very soon. The parking passes for staff have been distributed to park at
the lower end of Cameron Street.
She said that last night at the Chapel Hill Town Council's agenda, under consent was
the request from Orange County to expedite approval of the transfer station. This item was
pulled from the consent agenda and there was no motion for approval, so there was no action.
She said that in 20x3 there was a project proposal for an asphalt plant to go next to
Orange County property. Orange County had staff at the Board of Adjustment meeting to
represent Orange County as an adjoining property owner. The staff testified at the meeting that
Orange County was objecting to this proposal. The Town of Hillsborough ended up in a lawsuit
and the project developer is now back before the Board of Adjustment for the project for
approval at the same location. The Attorney's Office received notification Monday that the
Board of Adjustment public hearing is tomorrow night. The staff will be at the meeting tomorrow
night representing Orange County as an adjacent property owner. This site is on Valley Forge
Road.
Commissioner Jacobs said that the Board of Adjustment may not finish this tomorrow
night and then the Board of County Commissioners could make comments to be entered at the
next meeting. Laura Blackmon said that this could be brought back on June 26tH
Laura Blackmon said that budget information will be at the County Commissioners'
places for the June 14tH meeting.
10. Appointments
a. Durham Technical Community College (DTCC] -Trustee Appointments
The Board considered appointing two members to the Durham Technical Community
College Board of Trustees.
Chair Carey said that he would be interested in serving as the County Commissioner
representative on this board.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
appoint Chair Carey as the County Commissioner representative on the Durham Technical
Community College Board of Trustees.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
appoint Steve Halkiatis to the Durham Technical Community College Board of Trustees as the
citizen position.
VOTE: Ayes, 2 (Commissioner Jacobs and Commissioner Foushee)
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
appoint Aaron Nelson to the Durham Technical Community College Board of Trustees.
VOTE: Ayes, 3 (Commissioner Nelson, Commissioner Gordon, and Commissioner Carey}
Aaron Nelson was appointed.
b. Economic Development Commission -New Appointment
The Board considered making one new appointment to the Economic Development
Commission.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Bill Strom to a full term ending June 3a, 2a1 a.
VOTE: UNANIMOUS
c. Nursing Home Community Advisory Committee -New Appointment
The Board considered making a new appointment to the Nursing Home Community
Advisory Committee.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
appoint Sharon Karnash to a one-year training term ending June 3a, 2aa8.
VOTE: UNANIMOUS
d. Social Services Board -New Appointment
The Board considered making one new appointment to the Social Services Board.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
appoint Patricia Garavaglia to a partial term ending June 3a, 2aa8.
VOTE: UNANIMOUS
11. Closed Session -NONE
12. Information Items
• Memo from Solid Waste Director to County Manager Regarding Carbon Credits
• Smith Level Road Task Farce Report
Commissioner Jacobs said that this group wants to make a presentation in
August or September to a work session.
13. Adjournment
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
adjourn the meeting at 10:14 PM.
VOTE: UNANIMOUS
Chair
Moses Carey, Jr.,
Donna S. Baker, CMC
Clerk to the Board