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HomeMy WebLinkAboutMinutes - 20070821 APPROVED 911 912 0 0 7 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 21, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 21, 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 Danna S. Baker (All other staff members will be identified appropriately below) NOTE: 1. Additions or Changes to the Agenda None. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Dan McGrew presented some photos of two properties in Orange County on the same street. He said that there is a problem that there is no code in the County requiring property owners to maintain their property in a proper manner. He said that if there is a higher end property and there is a junkyard near it, then there is na recourse. He said that his property value has decreased because of this problem and so have others in the same area. He said that when appraisals are made, the appraiser has to came up with three comparables. Currently, the appraisers are being told to take the lowest comparables for this area. He said that he has had four ready buyers walk away because of the junkyard that is near his property. He said that the County has no recourse except the Board of County Commissioners putting an ordinance through to make property owners keep up their property. He said that he has gone to Planning and the Magistrate's office, to no avail. Chair Carey said that the County does have rules and regulations about appropriate uses of property. He said that this would be forwarded to the staff. He said that junkyards are very difficult to address. Beverly Blythe said that she would like to wait until after the other presentation and the other presenter objected to this. Chair Carey said that he was not aware of a presentation tonight. He encouraged anyone that had a presentation longer than three minutes to give the presentation to the Board in written form. Beverly Blythe read a prepared statement, as shown below: "Honorable County Commissioners: I just can't believe that something like this is happening. As all of you know, we have had a farmers market here in Hillsborough for 20 years. I started the market in June of 1987 and it has grown each year with vendors and customers. We have always operated under a vendor-operated participative structure with rules and regulations and a market manager. We have never had any problems. The membership has always worked together far what is best for all the vendors. Two years ago a group wanted to form an interim board to formulate bylaws and this was approved. This past February, the Hillsborough Farmers Market Group agreed to continue this interim board. I attended the meetings and it soon became apparent to me that this group was discriminating against applications that I brought forward and were self-serving. I wrote the first memo you have dated May 21 to disband this group. A couple of people from this group wanted a vote by the membership. I asked this group a second and third time with no results to disband and so I called a special meeting of the membership - a meeting in which this group tried to take over with no success. The interim board was disbanded an June 14 by a vote of 12 to 29. This meant that the Hillsborough Farmers Market would remain avendor- operated market with no discrimination and with participation by the vendors open to all small farmers, bakers, and crafters. The majority of the membership wants the Hillsborough Farmers Market to remain a vendor-operated market with a market manager. They have no desire to become a part of some takeover group that is power hungry and self-serving. I regret that this has happened and must say that it is very embarrassing to me. I do not welcome the press coverage that this may get. At first when I started working with this interim group and found out what was happening, I was ready to give up and let them take over. However, after talking with a few of the vendors and letting them know what was happening, it became apparent to me that they wanted no part of this group or bylaws and a board of directors. On behalf of the majority of the HFMG -specifically 34 of the 45 members I ask that you not recognize this takeover group. They want what it has taken me 20 years to build and I ask that you not give them this opportunity. Several of our members will be going with me to see an attorney on Thursday, at which time we hope that we can legally end what is happening. Also, there are ethical questions that will be pursued. This is so terrible that this has happened at this time when we are getting ready to dedicate the Public Market House which we have all worked so hard at getting and have looked forward to for so long. I still can't believe that there are people out there who want to destroy something that is so good -for the small farmers, bakers, and crafters, for the customers, and for the Town of Hillsborough." Beverly Blythe added that she did not know that this group was coming before the Board until 3:Q0 p.m. today. Jeffrey Goodrum said that he was here to introduce to the Board the new incorporated Hillsborough Farmers Market. He read through a presentation: Who we are We are a group of 13 established farmers and artisans who have repeatedly attempted to work in good faith with the current market manager to have the market focus on growth, on farmers, and be run with accountability and transparency. We have exhausted every effort to work within the confines of the current self- appointed market manager to no avail. Every substantive change has been resisted. We represent - Almost all of the year-round vendors at last year's market - 7 of the 10 vendors who attended markets most frequently during the 2006 season - The majority of the active market vendors who are farmers - The full range of farm products (produce, fruit, honey, eggs, meats, cheeses, plants, cut flowers, herbs, value-added farm products) What we are doing Creating and maintaining a market that supports farmers and the larger community. We will expand and enhance the economic strength and viability of farmers in Orange Counfy and the Piedmont of North Carolina while contributing to the education, health, and wealth of county residents. Our goals are to: 1. Create and increase opportunities for farmers to sell their products directly to consumers 2. Create and increase opportunities for consumers to buy local products directly from farmers 3. Bring together families, neighbors, visitors, and local food producers to create a sense of community and social gathering 4. Create a vibrant market that makes Hillsborough a destination for tourists and visitors Provide a vehicle to educate the community on the importance of nutrition and good health Our approach vs. the current approach Best Practices Our New Market Incorporated and Registered Yes Board of Directors Yes By-laws and Governance Yes Board and Liability Insurance Yes Financial Accountability and Transparency Yes Focused on farmers Yes Focused on growth Yes Professionally managed Yes Partnering with business And community Yes Current Market No No No No No No No No No Ideas we are ready to implement to increase opportunities far farmers, consumers, and our community - Work with local restaurants and organizations to promote "locally-grown" dinners and events featuring HFM products - Utilize the structure of the HFM to develop cooperative efforts in pooling orders for difficult-to-source seeds, soil amendments, and feeds - Create opportunities for the education of our customers and community in the necessity of safe and nutritious foods in their lives and the importance of those who grow and provide it - Advocate for continuous improvement for the market, providing energy and skills necessary to sustain growth and vigor - Work closely with Orange County Cooperative Extension to coordinate information sharing and the creation of programs that benefit area farmers - Provide a ready voice of the "small farmer" to local government in the formulation of policy and regulations - Work with Town of Hillsborough to become a destination for citizens of the area by creating new interest and opportunities via the market What we are requesting Recognition from the County as the official "Hillsborough Farmers Market" effective November 1 (end of main market season 2007} What we will commit to the County in return - Immediately invite all current members of the informal market to join the new Hillsborough Farmers Market - Independent non-vendor management under the guidance of the Board of Directors following transfer from current manager - Significant growth and innovation for the benefit of farmers, consumers, retaillrestaurant establishments, the Town and the County - Our professionalism, hard work, and experience to ensure we fulfill our mission and meet our commitments to you Chair Carey said that the facility that is being constructed is owned by the County and the Caunty will be developing the rules on how the facility will be operated. Laura Blackmon said that Cooperative Extension is working on developing the guidelines for the use of this facility. The dedication is September 13t", but it will not be ready for use as the farmers market at that time. Chair Carey said that the staff would be bringing the recommended rules back far the Board of County Commissioners to review. He asked that a timeline be brought back far when it would be safe to use the facility. He said that the Board of County Commissioners will consider the rules and regulations, and will make sure that the public is aware at that time. He said that the public will be allowed to comment an these recommendations. Kathy Andrews is one of the bakers at the farmers market and she said that everyone is given an opportunity to do the best they can and they are not stifled by rules. By adding red tape, it would be a hindrance. She said that to add rules would be detrimental at this time. She asked that the Board of County Commissioners not recognize the takeover by this other group. Mike Berzey said that when you ga behind people's back to get something done, that is not professionalism. He said that there is a man that is trying to take over the farmers market that is also an Orange Caunty employee, which is a conflict of interest. Jay Kwapien said that she has a farm in Cedar Grove and she loves the farmers market because there is a sense of camaraderie. She said that it has been very disappointing because she thought that the vendors voted to keep everything the same. She is disappointed to watch farmers fighting against each other. She hopes both groups will forgive and forget and make the Hillsborough Farmers Market strong. Cindy Kirby said that she has a farm in Orange County and her children use her farm as a project during the summer to earn money. She said that they tried to sign up to sell at the Hillsborough Farmer's Market and they never were able to get through to Beverly Blythe. She said that she has been told that it is too full and has been kept at an arm's distance every time she has asked to come on Saturday. She has been told that her farm is too big. She said that if the current people that are holding the market contain it again next year, she will not be back next year. She thinks that the management needs an overhaul because the person in charge is also a vendor. Commissioner Jacobs said that at 10:00 a.m. on September 13t" there will be a dedication of the Public Market House. He said that he was at the meeting of the two groups that was referred to on June 14t". He said that this is very unfortunate and sad. He said that when it is Orange County's farmer's market, the County Commissioners will try and deal it with the issues in a decent, open, and friendly way. He has confidence that Orange County staff will work on a structure that will address everyone's concerns. He said that the County Commissioners will make sure the farmer's market is open to Orange County producers with no discrimination. Chair Carey said that the fair and open process will be as inclusive as possible. He said that the size of the market house will probably not be big enough for all to participate all the time, but if they run into this problem, they will deal with it. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. ProclamationslResolutionslSpecial Presentations a. ~oaiiuon or txceiience Hwara ror urange ~ouniy Meaitny c.aroiin~ans The Board recognized the accomplishment of the Orange County Healthy Carolinians on its receipt of the "Coalition Excellence" award, which is given for a coalition that works toward improving health through prevention efforts. Health Director Rosemary Summers introduced Stephanie Willis and Bobbi Jo Munson (who took over from Maria Hitt}. She said that Orange County Healthy Carolinians was recognized for this award for the following community wide projects: • Joint work on producing a recreation map for the entire county • Eat Smart, Move More projects with minority churches to improve nutrition and physical activity for community members, and • Work with county government to begin an employee health program that emphasizes health risk assessments, education, physical activity and improved nutrition Bobbi Jo Munson said that she would like to thank the County Commissioners for all of their support. Regarding the community health assessment, there have been over 200 community surveys, and the findings will be presented at the annual meeting on September 26tH at the Seymour Center in Chapel Hill. She invited the County Commissioners to attend this meeting. Chair Carey recognized all members of Orange County Healthy Carolinians far this work b. Voluntary Agricultural District Designation: John Pape Farms, LLC The Board considered an application from John Pape for certification as qualifying farmland within the Cedar Grove Voluntary Agricultural District. Dave Stancil said that these districts are provided to recognize the voluntary protection of farmland at the County level. Orange County began its program in 1992, and since then, 11 farms have joined totaling 2,155 acres to date. He went through the criteria for the designation. This particular farm is 65 acres and is located on Efland-Cedar Grove Road. He invited John Pape forward. This farm will bring the total acreage of voluntary agricultural districts to 2,221. The County Commissioners commended the Pope family for this contribution. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve an application from John Pope for certification as qualifying farmland within the Cedar Grove Voluntary Agricultural District. VOTE: UNANIMOUS c. Youth Voices Summer Leadership Training Institute The Board received an update on the Fifth Annual Youth Voices Summer Leadership Training Institute. Cooperative Extension Director Fletcher Barber made this presentation. In July 2007 Orange County instituted its Fifth Annual Summer Leadership Training Institute with 15 participants. There were 30 individuals that applied. This program was developed at North Carolina A&T State University in Greensboro and was developed as an adult program, which was called Community Voices. This program develops groups of community leaders who can work together over time to identify important community issues and solve problems in the community. Because of the success of the program, it was adapted to become a youth program. This program has been a collaborative effort of the Manager's Office, Triangle United Way, and Cooperative Extension. Other departments were also involved, such as the Budget Department, Finance Department, and Recreation and Parks Department. The program is six weeks, where a week is spent at N. C. State with the 4-H Congress Program. The participants were involved in building leadership, demonstrating community service, collaborating with community government service, and developing a tangible project at the end. Iris Fuller, Extension Agent for 4-H, elaborated on some of the objectives of the program, the selection process, and the program sessions. Ruth Mayo, a 2007 graduate of the program and a rising senior at OHS, reviewed the community service projects. The first one was cleaning up the Cedar Grove Township signage. The group cleaned debris and litter and pulled weeds around the sign. The second project was to bring a stuffed animal and canned goods to give to the Sheriff's Department in Wake County for the less fortunate. She said that the graduates came up with some ideas for Orange County. The first was that most youth in the County do not have a place to go to hang out and a place for tutoring and computer access. The group decided that afull-time Youth Voices Coordinator would be helpful for Orange County. The final proposal was to have a Junior Board of County Commissioners where teenagers could get together and the Board of County Commissioners could hear ideas on present issues that the teenagers felt were important. Commissioner Jacobs said that the new library would have spaces for tutoring and computer use for this purpose. Commissioner Jacobs asked Fletcher Barber to keep the Board apprised about what is being done at the State and Federal level regarding the drought. Fletcher Barber said that this is being handled under the Farm Service Agency. He will make sure that any information is passed along. d. Tax Collector's Annual Settlement The Board received the tax collector's annual settlement on current and delinquent taxes and considered approving the accounting thereof and considered issuing the Orders to Collect for fiscal year 2007-2008. Tax Collector Jo Roberson said that this year the County exceeded collections again for the 8th year in a row. The collections for the County {County rate, fire districts, and special district tax) were at 98.99% and the overall rate {including three towns) was at 99.03%. She recognized this as a group effort of the Revenue Office, The Assessor's Office, and Land Records. She pointed out that the collections on non-tax revenues were $1.7 million and the 3R fee collection was at 98.14%. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve the tax collector's annual settlement an current and delinquent taxes and approve the accounting thereof and issue the Orders to Collect for fiscal year 2007-2008. VOTE: UNANIMOUS e. Recognition of Revenue Staff and Appointment of (31 Deputy Tax Collectors The Board considered acknowledging the continued endeavors of the Revenue staff evident by the outstanding collection rates achieved and considered the appointment of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for aone- yearterm, July 1, 2007-June 30, 2008. Jo Roberson invited the three people forward. She said that the appointment allows these individuals to proceed with formal enforced collections. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors far gone-year term, July 1, 2007-June 30, 2008. VOTE: UNANIMOUS Chair Carey gave out certificates to the three appointed; Nancy Freeman, Tax Administrative Assistant; and Jo Roberson. 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 May 17, 21, 24, 31 and June 4, 5, 2007 as submitted by the Clerk to the Board. b. Appointments -None c. Fiscal Year 2007-08 Budget Amendment #1 The Board approved budget ordinance amendments for fiscal year 2007-08 for Department of Social Services, Board of Elections, Health Department, Critical Needs Reserve, and Board of County Commissioners. d. Register of Deeds Software Upgrade The Board approved an upgrade of the Register of Deeds software package and authorized the Chair to sign associated paperwork. e. Property Value Changes The Board approved value changes made in property values after the 2007 Board of Equalization and Review had adjourned. f. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to two requests for property tax refund requests in accordance with N.C. General Statute 105-381. g_ Applications for Property Tax Exemption This item was removed and placed at the end of the consent agenda far separate consideration. h. Motor Vehicle Property Tax ReleaselRefunds far June 2007 The Board adopted a refund resolution, which is incorporated by reference, related to 17 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. i. Motor Vehicle Property Tax Release/Refunds for July 2007 The Board adopted a refund resolution, which is incorporated by reference, related to 96 requests for motor vehicle property tax releases or refunds requests in accordance with North Carolina General Statutes. 1 Acceptance of US Soccer Foundation Grant for the West Ten Soccer Center The Board accepted a grant award in the amount of $50,000 from the US Soccer Foundation for the West Ten Soccer Center project and authorized the Manager to sign the Field Enhancement Grant Agreement pending final review by staff and the County Attorney. k. Interior Painting of Jail Annex (1997 Addition) The Board authorized a contract in the amount of $24,652 with Shaw Coating of Durham far repainting of the interior of the Jail Annex {1997 addition}. I. Personnel Ordinance Amendment: Repeal of Previous Article IV, Section 1.0 Worker's Compensation Leave The Board approved the repeal of the previously existing Article IV, Section 1.0 Worker's Compensation Leave of the Orange County Personnel Ordinance and replacement with the revised Article IU, Section 1.0 adopted June 26, 2007. m. Classification and Pay Plan Amendment -Add Class of Parks Conservation Specialist/Turfgrass Manager The Board amended the Classification and Pay Plan to add the new class of Parks Conservation Specialist/Turfgrass Manager at Salary Grade 18. n. Housing Rehabilitation Contract Award The Board awarded a housing rehabilitation contract far the Orange County HOME Scattered Site Housing Rehabilitation Program for 406 Split Rail Lane, Hillsborough, in the amount of $28,390 to William Long Construction. a. Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals for Dental Resident The Board renewed the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services and authorized the Chair to sign. ~ Agreement Renewal Between UNC Hospitals and Orange County for the Senior Wellness Program The Board approved an agreement renewal to receive $25,000 from the University of North Carolina (UNC) Hospitals for its co-sponsorship of the Department on Aging's Senior Wellness Program from July 1, 2007 -June 30, 2008 and authorized the Chair to sign. g, Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services The Board approved a continuation agreement with the Town of Chapel Hill to provide funding in the amount of $46,700 for senior recreation programs on behalf of the Town's Parks and Recreation Department and authorized the Manager to sign. r. Commission for Women fCFW1 Bylaws Amendment This item was removed and placed at the end of the consent agenda for separate consideration. s. Contract Approval: Construction Materials Testing and Observation Services for Northern Park Proiect The Board approved a contract with Summit Engineering, Hillsborough, NC to perform construction materials testing and construction observation in conjunction with the Northern Park Project and authorized the Manager to sign. t. Schools Adequate Public Facilities Ordinance (Schools APFO} - Re-approval of Capacity Numbers for Orange County Schools (Elementary Level} This item was removed and placed at the end of the consent agenda for separate consideration. u. Land Use Element Text Amendment -10-Year Transition Areas This item was removed and placed at the end of the consent agenda for separate consideration. v. Comprehensive Plan Update -Amendments to Update Process This item was removed and placed at the end of the consent agenda for separate consideration. w. Amend the Order of Agenda Items far Regular BOCC Meetings The Board amended the order of agenda items for regular BOCC meetings as referenced in the BOCC Rules of Procedure. x. Approval of Orange County's School Construction Standards This item was removed and placed at the end of the consent agenda for separate consideration. ~ Installation Services Contract at 9-1-1 Center Using 2405 LETPP Funding The Board will approve a contract with Wireless Communications for installation services in the amount of $52,733.51 and authorized the Manager to sign. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: ~ Applications for Property Tax Exemption The Board considered six untimely applications for exemptionlexclusion from ad valorem taxation for the 2007 tax year. Commissioner Jacobs asked staff to track with citizens if the tax inserts were effective with the Homestead exemption. Jo Roberson said that there has been a big drive to make seniors aware of the Homestead exemption tax over the last few years. She said that the applications may not be from tax inserts entirely, but from questions being asked when taxpayers call or when taxpayers have issues with payment. There is an influx of calls about Homestead exemption after tax bills go out. Commissioner Jacobs said to track this and Jo Roberson said that she would ask staff to inquire of callers how they heard about the Homestead exemption. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve six untimely applications far exemption/exclusion from ad valorem taxation for the 2007 tax year. VOTE: UNANIMOUS r. Commission for Women (CFW} Bylaws Amendment The Board considered reviewing and amending the Commission far Women's Bylaws to include a mission statement, delegation of hiring and supervisory duties, and other minor changes for the purpose of clarification. Laura Blackmon introduced Shoshanna Smith, new Director of the Office of Human Rights and Relations. Commissioner Gordon said that she spoke with Geof Gledhill before the meeting to clarify something on page 6, article 6, section 3, Absentee Votes; also on page 8, article 9, section 6. She asked if this was a common practice and Geof Gledhill had suggested that this be sent back to the County Attorney for clarification. Commissioner Gordon said that she was not familiar with this procedure of voting by proxy of boards and commissions and neither was Geof Gledhill. Geof Gledhill said that his guess is that these by-laws in their original form pre-dated the open meetings requirements for boards and commissions. He said that he will work with the staff on this. The Board deferred action on this item. t. Schools Adequate Public Facilities Ordinance (Schools APFO) - Re-approval of Capacity Numbers for Orange County Schools (Elementary Level) The Board considered re-approving the November 15, 2006 capacity numbers at the Elementary level for Orange County Schools. Commissioner Gordon said that she talked with Planning Director Craig Benedict about this. She made reference to page 4 and said that almost all of the calculations have changed, especially noticing the significant decrease in the capacity for Hillsborough Elementary School. The total membership has also decreased from 3,072 to 3,006. She also wanted staff to double check the numbers when the K-3 class size is changed from 23 to 21. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the revised November 15, 2006 Membership and Capacity numbers as submitted by Orange County Schools on June 29, 2007, and authorize the Chair to sign the form for inclusion into the certified 2007 SAPFOTAC Report, with the provision that staff will double check the numbers when class size is decreased. UOTE: UNANIMOUS u. Land Use Element Text Amendment - 10-Year Transition Areas The Board considered adoption of text amendments to the Land Use Element regarding 10-Year Transition areas, as presented at the May 21, 2007 Quarterly Public Hearing. Commissioner Gordon said that this is one of the methods to implement the Efland- Mebane Small Area Plan and was passed by a 6-3 vote by the Planning Board. She said that she has some of the same concerns as the people who voted against it, such as, if the small area plan is defined in the land use element, and that it was such a big fix for the implementation. She asked if there was some other way to implement the small area plan without making this change in the transition area. She said that this is a fundamental change in the way Orange County approaches planning and zoning if there are non-residential uses implemented in the transition area. She suggested consolidating this item into the Quarterly Public Hearing item. Craig Benedict said that several options were examined on how to implement the changes. With a comprehensive plan and a land use plan, there is a very generalized list of definitions. Aland use element definition of transition still is a countywide definition, and a change to have non-residential uses in what was typically a residential transition area would only be activated at such time a small area plan is brought forward that is adopted and zoning and text amendments that are specific to the Efland area. The Planning Board had concerns about this and the application in Hillsborough. He said that it would not have any application in Hillsborough until such time that a small area plan was adopted in the perimeter of Hillsborough. He thinks that there are adequate protections. Laura Blackmon suggested that Commissioner Gordon look at this as a process. She said that this will have to go through each step. Commissioner Gordon said that she thought it was premature. Commissioner Jacobs said that he has participated in this group representing the Board for several years, and this is a very grassroots group. He said that the group has hashed out everything that is discussed and have often challenged what the staff recommends. He said that this is an area that could actually support economic development. This small area plan only deals with the Efland-Mebane area and it provides the County with another opportunity to promote small business. Rather than wait another year or more until the comprehensive plan update is completed, this could be put into effect sooner. He thinks that this is a good opportunity to move forward. Commissioner Foushee agreed with Commissioner Jacobs. She asked about the negative impacts to passing this now. If there are none, she has no problem with moving forward. Chair Carey said that he thought about this, and he could not come up with any negative impacts because this is just a first step in a process. Commissioner Nelson said that his concern is that this is a land use issue and a definition change, and he would have felt more comfortable if it had come to the Board as a regular agenda item, particularly since there was a split vote. Commissioner Gordon said she would support what Commissioner Nelson said about having it in the regular agenda. In the future, for split recommendations from the Planning Board, she asked that the item be put an the regular agenda. Chair Carey said that setting agenda items as consent versus regular agenda was a decision by the Chair and Vice-Chair in consultation with the Manager. He did not believe that recommendations by advisory boards would have to be unanimous before they went on the consent agenda. He thinks that it is a decision that the Chair and Vice-Chair make during the agenda review process. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve adoption of text amendments to the Land Use Element regarding 10-Year Transition areas, as presented at the May 21, 2007 Quarterly Public Hearing. VOTE: Ayes, 4; No, 1 (Commissioner Gordon) Commissioner Jacobs said that this was discussed at agenda review, and it was decided to leave it as a consent item because the County Commissioners have no problem pulling items off. This poses a problem, though, because the public may not know about items that are pulled off. v. Comprehensive Plan Update -Amendments to Update Process The Board considered amendments to Phase II of the adopted Update Process to incorporate Clarion Associates' contractual Scope of Services. Commissioner Gordon made reference to page 6, 7, 9, and 10. On page 6, Task 4: Present Comprehensive Plan and Revise, she suggested adding that the consultant should be available when staff checks in with the County Commissioners in March, 2008. She would like the consultants to be available to the County Commissioners as necessary. On page 9, 8-c, she suggested that it state, "StafflConsultant check-in point with BOCC early March, 2008." Also, on page 10, the 2~d Public Hearing and Plan Adoption, she said that it is conceivable that it might take mare than one meeting. On page 7, she suggested that item C say, "Max of two meetings" as opposed to "one meeting." Tom Altieri said that what is provided on attachment 1 is the Contractual Scope of Services that the Board of County Commissioners has already approved. Attachment 2 is the amended phase 2 process to incorporate what has already been approved in the scope of services. The scope of services addresses only what the consultant will do through this process, whereas the amended process includes both consultant tasks, staff tasks, and advisory board tasks. He thinks that asking the consultant to check in with the County Commissioners would be fine. He thinks that Roger Waldon of Clarion would be willing to attend the meetings throughout the process. Commissioner Gordon said that if that could be informally understood, then she is okay with it. Geof Gledhill said that if Clarion wanted a change in the contract, then Tom Altieri could bring it back. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to adopt the proposed amendments to Phase II of the Update Process to incorporate Clarion Associates' contractual Scope of Services, with the stipulation that Clarion will attend the meetings to update the County Commissioners. VOTE: UNANIMOUS x. Approval of Orange GountV's School Construction Standards The Board considered approving Orange County's School Construction Standards. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Orange County School Construction Standards, with the exception of Appendix 5, which is not yet formulated. Donna Coffey clarified that these are the construction casts that will be formulated this fall based on the most recent construction project. VOTE: UNANIMOUS 8. Public Hearings-NONE 6. Regular Agenda a. NC Highway 57 Speedway Area Small Area Plan (SAP1 The Board reviewed the recommendations of the Economic Development Commission and the Planning Board for the final draft NC Highway 57 Speedway Area Small Area Plan and considered adoption of the plan. Craig Benedict said that this is an effort of the Economic Development Commission, Planning Board, staff, and two County Commissioners to look at this area. The small area plan is about 930 acres, with 38 different parcels. Public comment was received at the May 21St meeting, and it was forwarded to the Economic Development Commission, which voted unanimously. The Planning Board also voted with a super majority vote. This is the first step of a potential six-step process to make planning changes in the area. The Manager recommends proceeding with the adoption of the Highway 57 Small Area Plan. There will be an update an the other steps next week. PUBLIC COMMENT: Steve Yuhasz urged the Board of County Commissioners to adopt this SAP, which will provide the County with additional opportunities for economic development and a non- residential tax base. Bruce Citizen said that what bothers him is that the County is in the middle of an economic development plan in a rural area. He said that it sounds like the terminology has all changed since the meetings in Caldwell. He said that the words "economic development plan" scare him and it will also scare his neighbors. Commissioner Jacobs said that he has assured those who live in the area that there is a stress to preserve the rural character. This is an effort to allow the non-conforming uses to have an avenue to conform and also a mechanism by which people could try and make some commercial use of their property. Chair Carey said that there are concerns and he hopes the concerns will be addressed. He said that there are already some commercial uses in the area, and this is to provide an environment that allows these uses to continue to operate. He thanked everyone who participated in this process. Commissioner Gordon said that the Planning Board had some concerns. One of the concerns was that the Rural Economic Development Area {REDA) not be applied countywide. The eventual motion was not to include REDA. Craig Benedict said that this step would not adopt any REDA at this time. He said that another step in the process would be to adopt a specific area of the Highway 57/Speedway Rural Economic Development Area. It would not be countywide, but small area plan specific. Commissioner Gordon asked why the Planning Board members felt that they should make the motion with the understanding that the REDA should not be included. Craig Benedict said that the item before the Planning Board was just the small area plan. He said that whether it is adapted with the REDA was mentioned within the small area plan as a future recommendation, but there was not a specific vats on this issue. Commissioner Jacobs said that he thought the Planning Board was jumping the gun a bit an this issue. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the recommendations of the Economic Development Commission and the Planning Board for the final draft NC Highway 57 Speedway Area Small Area Plan and to adopt the plan. VOTE: UNANIMOUS b. Local Revenue Options Authorized by General Assembly The Board considered its intent for enacting the County's local revenue options recently authorized by the General Assembly and providing direction to staff. Laura Blackmon said that this request had been before the legislative session before, and this past legislative session, the offer was given to either, through a referendum, enact a .4°~ land transfer tax, ar an additional %4-cent sales tax. The County can choose between the two or put both issues on the ballot. The idea is that the option is available, but only with the approval of the public. The referendum could go forth on November 6t" an the date for the municipal elections. The County polling stations would not be open on this date. The decision to put it on the November 6t" ballot would have to be made by September 4t". The %-cent sales tax would become effective April 15t if it were approved on November 6t". The tax would become effective the first quarter after the referendum is passed. The next election is May 6, 2008. All precincts would be open on this date. There will have to be a campaign to let the voters know the issues. The land transfer tax would generate a little over $4 million. The sales tax would generate a little over $3 million. She said that she got an email from the NCACC and so far eight counties have decided to do the land transfer tax and five counties have decided to da the sales tax. Chair Carey said that some counties are waiting to see what the impact will be of the legislative decisions. He said that he needs to know the changes in the revenue stream from the legislature before deciding. Commissioner Jacobs and Commissioner Foushee asked for information on the revenue streams that might be lost. Donna Coffey said that the County would be losing for one year only a portion of the public school building fund money. The County Commissioners approved about $1.1 million in the budget far this. The State will be taking about $400,000 away from this. Also, regarding the Medicaid relief in future years, the article 44 sales tax and a portion of the article 42 sales tax will be lost. In losing all of this, the County will have to hold the towns harmless for any amounts that will be lost. The County will be gaining $500,000 a year because of a hold harmless piece in the Medicaid Relief legislation that holds all counties harmless so they receive at least $500,000. Orange County has been fortunate not to have paid as much for Medicaid over the past years. She said that this is a three-year implementation on the Medicaid relief plan. Laura Blackmon said that she would like to try and separate the revenue options from the Medicaid relief issue. Commissioner Gordon asked Donna Coffey about the effect on Orange County this year. Donna Coffey said that with the amount that was budgeted for public school building funds, this will have to be made up. There is a policy issue of how the money is made up. In addition, the County anticipated that the State would be giving relief on Medicaid, and the Medicaid line item was reduced. Based on the last few months, she thinks that the Medicaid expenditures will be more than what was anticipated in the Manager's recommended budget. All of these combined together total a shortfall of just over $500,000 this year, even with the $500,000 hold harmless money. Commissioner Gordon asked several clarifying questions, which were answered by Donna Coffey. Commissioner Gordon suggested that any education campaign concerning a referendum should include what the money will be used for and what revenue the County is losing. Commissioner Jacobs said that there is so much going on with this and he would rather wait and discuss this on August 30t". He wants to educate the Board and the public. Chair Carey said that he is not convinced that these measures will help the County keep up and there is a lot of confusion. He said that the Assembly of Governments meeting in September would be a good time to discuss this with the towns. He suggested not advertising this as a decision item on August 30t" Commissioner Nelson said that he would not be at the meeting on the 30t". He said that he supports going ahead with either date for the land transfer tax. He said that his big concern with the November election is that it is a smaller election and the unincorporated areas would not be as involved with this one item an the ballot. Commissioner Gordon said that she is disappointed that this leaves the County, rather than the state, in the position of holding the towns harmless. Commissioner Jacobs said that he is inclined toward the land transfer tax. This item will came back on August 30t" c. The Hastings Major Subdivision (Formerly the Subdivision of Lot A-9-C of Union Grove United Methodist Churchl The Board considered the Major Subdivision Preliminary Plan for The Hastings (Formerly Lot A-9-6 Union Grove United Methodist Church Subdivision). Robert Davis said that this is a 20-acre parcel located in the rural buffer consisting of five lots, two acres each. The reason this is being brought to the County Commissioners is that there is a public road proposed. Steve Yuhasz is the agent for the owner. This is located on Union Grove Church Road, which is about 1,300 feet south of Arthur Minnis Road, which is referred to as the northern rural buffer and is an unprotected area. In an unprotected area, there are no impervious surface limitations. The density would be set by the zoning, which is a minimum of two-acre lots. There is a 33°~ open space requirement. In the Growth Management System, this is in a rural designated area, which means that there is no public water, sewer, or public services. He showed the property on a map. There is a stub street recommended by Administration in an area where there could be future extension should it be needed. It is not required to be built at this time. This is a flexible plan with a 100-foot perimeter setback. The Recreation and Parks Advisory Council made a recommendation to have a dedication of .89 acres to the County, which is along Long Branch Creek and is important far future greenway connections in the JPA. The Planning Board and staff concur with this recommendation. Regarding the stub street, this is just an idea of where a road could potentially go. PUBLIC COMMENT: Steve Yuhasz was representing the owner and developer. He said that the applicant was in general agreement with the recommended Resolution of Approval, with one exception - the stub street at the end of the property. He asked that the County Commissioners support the Planning Board's recommendation that there not be a stub street, rather than the Administration recommendation. He said that the Planning staff recommends a stub street almost anyplace where a subdivision road comes close to an adjoining property. He said that there is not any overall plan in the County to determine whether a stub street is necessary. He said that there is no rational basis for this stub street, other than the fact that it would provide another connection to an adjoining property. He said that this adjoining property already has frontage on Arthur Minnis Road and Union Grove Church Road. Additionally, the owners of the adjoining property, the Cates family, have made it very clear that they do not intend to ever develop this property. The Cates family has expressed concern that including a stub in this subdivision will increase the pressure on them to develop this property. He asked the Board to support the Planning Board's recommendation on just item B.B. Commissioner Gordon said that it looks like the Planning Board and the RPAC recommended different open space from Administration. Steve Yuhasz said that when this first went to Rich Shaw, it was decided to use the power line as the boundary. He said that there was no real concrete reason far this particular piece of property to be identified other than that it was easily identifiable. He has spoken with Rich Shaw since then and he has agreed that the .$9 acres would be as suitable ar more suitable for the purposes that the County might want to use the property. Robert Davis clarified the area for the open space. Commissioner Jacobs verified that the open space recommended by the Planning Board and RPAC will still be protected, it just will not be protected by the County. The difference outside of the .89 acres will be under the Homeowner's Association, and the .89 acres will be County property. Geof Gledhill said that the deeds the County gets for stub outs for a future road extension contain restrictions that the property can only be used far public road purposes. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve the Administration recommendation of the Preliminary Plan in accordance with the attached Resolution of Approval with the stipulations: - The applicant offers to dedicate .89 acres as shown on the attached map (Page 36). If the applicant chooses not to dedicate the suggested .89 acres, then the Administration recommends that the BOCC refer the subdivision back to the Planning Board for further discussion. - That the 5Q-foot width road stub be dedicated to the County via fee-simple with a deed (B.8 on the Resolution). VOTE: UNANIMOUS d. Proposed Fee Structure and Operation Hours for the Fitness Studio at the Robert and Pearl Seymour Center The Board considered approval of a fee structure and operation hours far the Seymour Center Fitness-Equipment Studio. Department on Aging Director Jerry Passmare introduced Myra Austin, Wellness Coordinator. This item is consideration of a proposed fee structure to operate the fitness equipment studio. Key components are the functional screen for participants, which tests for balance, endurance, agility, and strength. He said that the intent is that each year participants will be re-tested. The fee structure includes scholarships. Commissioner Foushee asked how the scholarship information was made available. Myra Austin said that it is shared with the public on the informational sheets. It is also published in the Senior Times. Commissioner Faushee said that since the Seymour Center is a merging of groups, there is concern that some information is not readily available. She encouraged the staff to make sure that the information is as accessible as passible, especially to those with less financial ability. Jerry Passmore said that the Friends of the Senior Centers are raising funds to help with the scholarships. Commissioner Jacobs said that he would like to make sure the applications are documented so the Board of County Commissioners can be kept informed. He suggested advertising this as aself-sustaining program. Myra Austin said that the form of proposed fees has been distributed to the seniors since the center opened. Commissioner Jacobs suggested adding that the purpose is to make this aself- sustaining program. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve the new Seymour Center Fitness Studio fee structure, operation hours, the hiring of temporary employees to staff the studio for 42 hours per week and the establishment of a revolving fitness program account for depositing membership fees and paying fitness program expenses. VOTE: UNANIMOUS 7. Reports a. Construction Protect Update and Introduction of Website The Board received a progress update of County construction projects and an introduction to the new Website that provides ongoing project information. Jeff Thompson gave a PowerPoint presentation of the Orange County Website live. There are currently seven projects underway: - Justice facilities (including Public Market House, River Park} - Gateway project - West Ten soccer complex - Central Orange Senior Center and Spartsplex renovation - Northern Park phase 1 Projects in regulatory review that will be started soon: - Emergency Facilities - Animal Services Center - Fairview Community Park - Solid Waste Operations Center - Homestead Community Center He walked through each of the projects as seen an the Website. Commissioner Jacobs suggested adding the date and time of the dedication of the Public Market House on the link to that project. 8. Board Comments Commissioner Gordon said that the DCHC MPO met recently. At the meeting it was announced that Doug Galyan was helpful in the allocation of $750,000 for four road projects along NC 54 in Orange County. Also, Triangle Transit Authority continues to be part of Special Transit Advisory Commission proceedings. Commissioner Gordon said that the water supply reservoir water levels are down so it is fortunate that the County can look forward to the Hydrogeologist being hired since the person can help the County deal with droughts. Commissioner Gordan asked when there would be an update on the joint meeting with Chatham County. She wants to know the next steps and would like to make this an item on the Assembly of Governments meeting. Commissioner Jacobs said that there was discussion about putting issues from the Chatham meeting on the AOG agenda, primarily ones about OWASA and water supply, and the possibility of a regional facility that used OWASA's intake on the west side of Jordan Lake. There was also discussion of transportation issues, open space issues, and same general concepts of joint planning. He listed the attendees. He said that this was a very productive and positive meeting and there will be another meeting in October. Also, the issues will be shared at the Assembly of Governments meeting. Commissioner Jacobs asked about the half position for a Conservation Coordinator and said that he would like to get moving on this. He would like to know that someone on the staff is thinking about all of these things and is charged with these responsibilities. He asked Laura Blackmon to bring something back promptly. Commissioner Jacobs made reference to the picture of the new County Office Building and said that this is not exactly what the County Commissioners said they wanted. He would like to have a report on the planning far this building -both external and internal for space. There was also discussion that this building should be as "green" as possible. Commissioner Nelson - no comments. Commissioner Foushee encouraged all to attend the Human Services Advisory Commission annual forum on September 12th at the Chapel Hill Bible Church from 8:3Q a.m. to 2:15 p.m. Registration is requested. The topic is domestic violence. Commissioner Foushee said that the Orange County ABC Board is contributing $1 Q9,123 to the Sheriff's Department, which includes the purchase of a vehicle. It is also making contributions to the Chapel Hill Police Department of $1Q,14Q and to the Carrbora Police Department of $5,845. It is also contributing to both school systems on a per pupil allocation of $5.56, yielding $38,664 to OCS and $63,Q78 to CHCCS. In addition, it is contributing $5,5QQ to the First Offenders Program for Orange County. She thought the public should know that the ABC Board is making generous contributions to the community. Chair Carey said that the Hillsborough Arts Council requested to use the Whiffed Building and he informed the council that there is a process and there will be opportunity for them to be included in the process during the decision-making. Also, Orange-Alamance Water System requested Orange County to chip into utility expansions in this area. He said that he is responding to Orange-Alamance, informing them that there are several pieces of information needed before he can respond. 9. County Manager's Report Laura Blackman said that today there was issued out of Raleigh a statewide burn permit ban. The estimate is that 15-25 inches of rain is needed in the next few months to ease drought conditions. She said that a new Human Resources Director has been hired -Michael McGuinnes, who currently works for the City of Durham as an HR Manager. Mr. McGuinness will begin working with Orange County on September 17th 10. Appointments a. Nursing Home Community Advisory Committee -New Appointment b. The Board considered one appointment to the Nursing Home Community Advisory Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Susan Taylor to aone-year training term ending September 3Q, 2Q08. VOTE: UNANIMOUS 11. Closed Session A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to go into closed session at 10:45 pm for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property, PIN 9870460295, owned by Francis and Jenny Chan/Trustee, to be used for solid waste purposes and PIN 9870782525, owned by Mr. and Mrs. John Tran, to be used for solid waste purposes," NCGS § 143-318.11(a}(5}. VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to reconvene into regular session at 10:55 p.m. VOTE: UNANIMOUS 12. Information Items • Memo from Health Department Staff Regarding the No Fault Well Repair Fund 13. Adiaurnment A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna S. Baker, CMC Clerk to the Board Orange County water supply reservoir water levels Available information as of 3:00 PM, Tuesday, June 12, 2007 Lake Orange • Water level 38" below spilling. • Water storage capacity remaining is 70% (333 million gallons} • Approximately 110 days of water supply remaining (at Capacity Use specified release rate} Current Eno River flow at the Hillsborough gage is averaging approximately 2.0 cfs (1.3 million gallons per day}, which is well below the median flow far this time of year.. Level 2 Eno River Capacity Use Restrictions are in effect at this time and have been since May 27. West Fork Reservoir • Water level is 20" below spilling • Water storage capacity remaining is 93.8% • Approximately 290 days of water supply remaining (assuming Town's current demand [averaging 1.26 mgd over the last five weeks] and required releases for streamflow augmentation [0.65 mgd]} • The Tawn has been releasing 1.86 mgd into the river for the last few weeks (1.21 mgd more than required} to help preserve Eno instream flow and water level in Lake Orange. OWASA Reservoirs • Water level at Cane Creek Reservoir is 53" below full • Water level at University Lake is 58" below full • Total remaining water storage capacity is approximately 73.8°~ • Approximately 227 days of water supply remaining (at current 7-day average daily demand [10.9 million gallons per day]) National Weather ServicelNOAA Regional Precipitation data (inches above ~+1 or below ~-1 normall RDU -0.59" since August 1, 2007 Miscellaneous notes Piedmont-Triad -0.41" since August 1, 2007 1. The NC Drought Management Advisory Council drought map, updated August 14, 2007, shows Orange County to be in the area characterized as "severe drought" in terms of climatic conditions. 2. Orange Alamance's withdrawals are now averaging approximately 0.2 mgd, well below its Stage 2 allocation and Piedmont Minerals withdraws are averaging 0.01 mgd, well below its allocation. Combined with the additional releases by Hillsborough, the water level at Lake Orange, though low, is well above historical expectations, given the lack of rainfall.