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HomeMy WebLinkAboutMinutes - 20070906 APPROVED 1019/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 6, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Thursday, September 6, 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, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Mike Nelson COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill 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 Changes to the Agenda An updated Orange County water level report was given to the Board of County Commissioners. Chair Carey asked the Board of County Commissioners to consider moving Board Comments to after the public comments section tonight, and the Board agreed. He would like to recognize the Register of Deeds and her staff. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below. Board Comments Commissioner Foushee - no comments. Commissioner Jacobs said that he attended a meeting last night and he said that when the County sent out pre-planning information for disasters last year, he believes that the Board meant to say to the public that if pets were brought to the shelters, that it would be the policy that the pets would be sheltered. He said that apparently, the County does not shelter pets, but they get shipped somewhere else. He said that there is na Memorandum of Understanding with the Red Crass that allows the County to do this. He said that the Board made this a policy last year, and apparently it is not in place. He wants to follow upon this expeditiously. Commissioner Jacobs said that four of the County Commissioners were at the Carrboro High School grand opening. Commissioner Jacobs asked about the Northern Human Services Center. He said that on April 19t" he asked about the status on the septic system. Commissioner Jacobs said that the issue with the Farmer's Market is a mess and he suggested that while Cooperative Extension Director Fletcher Barber is working on this issue, that the Board create a condition now that the two parties must enter into mediated discussions. He said that Andy Sachs from the Disputer Settlement Center has agreed to do this mediation. Orange County could offer to pay half of the cast and ask the other two parties to put in a quarter of the mediation costs each. He asked what the rest of the Board thought. Chair Carey said that some type of mediation is needed and the County can take a lead in this so that all can work together. He said that the Public Market House is a County facility and any rules or policies will provide access to everyone. He said that he has also been reminding people that the facility will not meet everyone's needs because it is not that large. He said that he supports the County covering part of the costs for a mediator. Commissioner Gordan said that she would like to see the rules and regulations that the staff recommend for the use first before asking people to go to mediation. She asked Laura Blackmon for comments on this. Laura Blackmon said that the staff was going to bring to the Board of County Commissioners suggested guidelines on October 9t". She said that she does not know if the two groups could complete the mediation until they knew the framework that the County wanted to establish. Commissioner Jacobs agreed and said that he does not want to put the staff in the middle. He said that if the staff's recommendations could be put forward to this group in parallel with the mediation, it would be a good idea. Laura Blackmon clarified that the message would be sent to the groups now that the expectation is that the groups would come together far mediation, then after the staff recommendation is brought forward, the mediation can continue. Commissioner Jacobs said that, in reference to the water report, he wants to keep in touch with Hillsborough about capacity and allocations. Commissioner Gordon said that the Human Services Advisory Commission forum is on September 12t" and she will be unable to attend. Commissioner Gordon said that TTA is coming up with a new logo and she showed an example. Commissioner Foushee commended both school districts far performance as it relates to the ABC State Status of Efficiency. Both districts exceeded 90°~ in these standards. Chair Carey made reference to the report from the Register of Deeds and the accomplishments. He commended Joyce Pearson and staff. He said that the report indicated that two employees received their Register of Deeds certification. Joyce Pearson thanked the Board of County Commissioners and said that it is a privilege to work for Orange County. She introduced Assistant Register of Deeds Deborah Brooks and Monica Miller, who work in Quality Control. Commissioner Jacobs said that he has appreciated how diligently Joyce Pearson has served the citizens. Chair Carey said that he received a letter from Mr. Ginter, who lives within the city limits of Mebane. He said that Mr. Ginter only pays the Basic 3-R fee and wants to know why he has to pay this because the Town of Mebane picks his trash up. Laura Blackmon said that Mebane does not have a recycling program and the basic fee is charged to all property owners in Orange County whether they use the landfill or not. Mr. Ginter would have the right to use the landfill. Chair Carey said that Commissioner Jacobs' concern is that the County is sending an erroneous message to the public about the shelters and sheltering animals. He does not remember making specific promises about how pets would be handled after they got to the shelter. He said that it should be clear what is communicated to the public. Commissioner Jacobs said that it is not clear on the card that shelters are to take animals, and since the shelters cannot take the animals, then this should be communicated to the public. Laura Blackmon said that the Red Cross considers animals in a shelter as a health issue, and generally, if pets are brought to a shelter, they are taken to a more suitable environment. The staff will come back with options and clarification on this issue. Chair Carey said that the Board asked him to look at other options for dates for a Board retreat, and September 28t" is the only date other than the 14tH Commissioners Foushee and Gordan prefer the 28t". Commissioner Gordon said that she is sorry that the poll concerning whether the Board members could attend only came out this morning because Commissioner Nelson may not have been able to see it yet since he is still out of town. She hopes that Commissioner Nelson will be able to attend. Geof Gledhill said that the Clerk could put this on the next meeting to change the regular meeting schedule, or it could be changed by action of the Board tonight. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to change the regular meeting schedule by adding a Board of County Commissioners' Retreat on September 28, 2007 at 1:00 pm to be held at the Government Services Center in Hillsborough. VOTE: UNANIMOUS Chair Carey asked the Manager to get the Board a clearer indication of the issues on the agenda for the retreat. 3. ProclamationslResolutionslSpecial Presentations a. Resolution Recoanizina North Carolina House Sneaker Joe Hacknev The Board considered a resolution recognizing Joe Hackney, North Carolina Speaker of the House, for his positive legislative work, which has been acknowledged at a national level, and authorizing the Chair to sign. Chair Carey said that Representative Hackney could not be here tonight but they wanted to recognize him for being recognized by another organization. Representative Hackney has done a lot of work even before he became Speaker of the House. He read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve a resolution recognizing Joe Hackney, North Carolina Speaker of the House, for his positive legislative work, which has been acknowledged at a national level, and authorize the Chair to sign. RESOLUTION RECOGNIZING NORTH CAROLINA HOUSE SPEAKER JOE HACKNEY WHEREAS, Joe Hackney has been elected by the citizens of Orange County for 14 terms, representing 27 years as a public servant; and, WHEREAS, he was elected North Carolina Speaker of the House on January 24, 2007; and, WHEREAS, he has been credited with restoring integrity in a chamber tarnished by the actions of several House members; and, WHEREAS, he has shown commitment to protecting and strengthening the institution of the state legislature through his diligence and statesmanship; and, WHEREAS, Joe Hackney has championed new ethics legislation and fostered greater openness in the legislative process of North Carolina; and, WHEREAS, an independent, non-partisan selection committee representing the State Legislative leadership Foundation and the National Conference of State Legislatures as well as journalists, former legislators and scholars have selected Joe Hackney for the 2007 Excellence in State Legislative Leadership Award; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners do hereby recognize the Speaker of the House Joe Hackney for his progress and commitment to restoring the sanctity of the political process in the North Carolina General Assembly while representing residents of Orange County. This the 21 ~ day of August 2007 VOTE: UNANMOUS b. Resolution of Approval -Conservation Easement for the Tate Farm The Board considered a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Tate family farm and authorizing the Chair and the Clerk to sign, subject to final review by staff and the County Attorney. Environment and Resource Conservation Director Dave Stancil said that this will be the 10t" agricultural conservation easement for Orange County. He thanked the Totes and other staff. This property is in northwest Orange County and is 78 acres. It is located at Harmony Church Road and Lynch Store Road. Rich Shaw made a PawerPoint presentation with pictures of the property. The Totes have been farming land in Orange County for 200 years, and the Tate family has farmed this property for five generations. This easement will protect 78 acres of this 81-acre farm. The farm has been converted from tobacco to chicken farming. Other sections of the farm are used for hay, beef cattle, and horses. The conservation easement will remove all of the non- agricultural development rights from the property. The monetary value of the rights is $417,000 as determined by a recent appraisal of the farm. The purchase price far the easement is $333,750, which is 80% of the appraised value. The Tote's intend to donate 20°l0 of the value of the easement and take advantage of federal and state tax benefits available for easement donations. The federal funds used to help purchase this easement are from a grant to Orange County from the USDA Farm and Ranchland Protection Program. The total cost of the project is $344,250, with $208,000 being paid by the federal grant. The County's share of the total would be $135,750, which would come from existing funds budgeted for the purchase of conservation easements. Dave Stancil introduced Hurley and Louise Tate and their son, Roger. The County Commissioners expressed their thanks to the Tate family. Commissioner Jacobs read the resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to approve a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Tate family farm and authorize the Chair and the Clerk to sign, subject to final review by staff and the County Attorney, with a closing and recordation of the document expected to occur on ar about September 28, 2007. RESOLUTION Approval of Agricultural Conservation Easement between Orange County and Hurley and Louise Tate WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, agriculture in Orange County is an important facet of the economy and way of life in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime or threatened farmland within water supply watersheds; and WHEREAS, the Tate Farm includes approximately 78 acres in the Back Creek protected watershed, consists of a majority of prime soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, a matching grant of $208,500 was awarded to Orange County from the federal Farm and Ranch Land Protection Program to help protect the future of this farm with an agricultural conservation easement; and WHEREAS, a conservation easement on this approximately 78-acre section of the farm would ensure the preservation of this farmland far future generations and compensate the owners far this long-term commitment: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by Hurley and Louise Tate; 2) approve the execution of this conservation easement agreement with Hurley and Louise Tate, in accordance with the terms of the proposed easement agreement, subject to final review by staff and the County Attorney; and 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about September 28, 2007. This the 6th day of September, 2007. VOTE: UNANIMOUS Commissioner Jacobs said that when he moved to Cedar Grove 33 years ago, the Tote's were his neighbors and they have been great supporters of agriculture in Orange County. Louise Tate has volunteered her time to many County boards and Hurley and Roger have been at the forefront of progressive agriculture. Roger Tate said that he hopes that with his family doing this that it will encourage more of the neighbors to participate. He would like to see most of the community preserved in the same way. 4. Consent Agenda A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for June 7, 12, 14, and 18, 2007 as submitted by the Clerk to the Board. b. Appointments -None c. Jail Inspection Report This item was removed and placed at the end of the consent agenda for separate consideration. d. Contract Between CHCCS, OCS, and Health Department for School Nurses The Board approved the contracts between CHCCS, OCS and the Health Department for School Nurse Funding and authorized the Chair to sign. e. Contract Renewal Between NC Dept of Insurance and Orange County for Seniors' Health Insurance Information Program (SHIIPI The Board approved a contract renewal to receive $5,000 from the NC Department of Insurance for the Seniors' Health Insurance Information Program (SHIIP) administered by the Department on Aging far the period July1, 2007 -June 30, 2008 and authorized the County Manager to sign. f. Selection and Contract for Legacy Research Associates, Inc. for a Cultural Resources (Cultural and Archaeological) Survey of the Hollow Rock Access Area and New Hope Preserve This item was removed and placed at the end of the consent agenda for separate consideration. g_ Resolution Endorsing Five NCDOT Projects to Enhance Safety and Improve Traffic Flow The Board endorsed a resolution, which is incorporated by reference, endorsing five transportation improvements proposed by the North Carolina Department of Transportation (NCDOT). h. Memorandum of Understanding -Partnership for Development and Infrastructure The Board approved and authorized the Chair to sign a Memorandum of Understanding for the Partnership for Development and Infrastructure, and that the additional $2,500 in funding be allocated from BOCC Contingency. i. Letter of Agreement for Sales Tax Reallocation The Board approved a Letter of Agreement with Robert S. Segal, CPA for consulting services related to the examination and analysis of refunds of sales and use tax for potential reallocation to the County and the municipalities and authorized the Chair to sign. L Classification and Pay Plan Amendment -Add Class of Housing Programs Coordinator The Board amended the Orange County Classification and Pay Plan to add the new class of Housing Programs Coordinator at Salary Grade 17. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: c. Jail Inspection Report The Board received the jail inspection report far July 10, 2007 from the North Carolina Department of Health and Human Services. Commissioner Foushee asked about the status an the shower floors. Sheriff Pendergrass said that all of the items that the State Inspector asked to be corrected will be completed tomorrow. He said that everything else is in line and there are no further problems. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to receive the report. VOTE: UNANIMOUS f. Selection and Contract for Leaacy Research Associates. Inc. for a Cultural Resources (Cultural and Archaeological} Survey of the Hollow Rock Access Area and New Hope Preserve The Board considered the selection and contract for Legacy Research Associates, Inc. for a Phase 1 Cultural Resources Survey of the 97-acre Hollow Rock Access Area scheduled far an upcoming joint master plan design and authorizing the Chair to sign, subject to final review by staff and the County Attorney. Commissioner Jacobs made reference to page 2 under Financial Impact, which says, "The Town of Chapel Hill and City of Durham will also be asked for funding assistance." He asked how this was going. Dave Stancil said that he has nothing to report yet, but he will continue to see if the entities are willing to contribute. The two counties are the primary landowners. Laura Blackmon said that she had a phone conversation with Roger Stancil, who said that it probably would not be a problem. It will go through the regular procedure. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the selection of Legacy Research Associates, Inc. and authorize the Chair to sign the contract prepared by the state granting authority an behalf of the Board, subject to final review by staff and the County Attorney. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Special Reauest to Use Forum 2007 Proceeds to Seed a Non Profit Community Initiative on Domestic Violence The Board considered a request to allow the Human Services Advisory Commission to dedicate and donate registration proceeds from the 2007 Human Services Issues Forum to a charitable non-profit community initiative that develops in response to the theme, "Domestic Violence Hurts the Whole Community". Emily Adams, Chair of HSAC, said that the HSAC forum will look at domestic violence. She said that they are asking for community input on this issue about how to strengthen the existing services. She said that they are requesting to use funds raised through registration fees to support any community initiatives that might come up as a result of this forum. Laura Blackmon said that this is the 3rd year that the request has been made for the funds to go to anon-profit. This year, the non-profit has not been determined. She said that the Board has approved this each year. She is concerned that the Board has not approved this process prior to beginning to advertise and setting the fees, which are being raised. She is concerned about whether the Board is in favor of doing this on a regular basis. Commissioner Foushee is an HSAC board member and she said that she is not in favor of raising the fees in this manner. She said that the meetings that were held on this issue were held while she was attending another meeting and she was not aware of this. She understands the process and the sentiment, however, she thinks that it is the Board's responsibility to set fees and to provide guidance to boards and commissions in the future. Commissioner Jacobs agreed with Commissioner Foushee and pointed out that the County Commissioners are criticized sometimes for the registration fees being too high. He wants to be as inclusive as possible, especially for the group of people that this is targeting. Commissioner Gordon asked about the best way to proceed and whether the Board should approve this and then ask staff to come back with a policy. Commissioner Foushee agreed, since this event is already set. She said that the HSAC has ensured that all can attend regardless of the fee. She said that this is not something that the Board of County Commissioners should support in the future, because it does not sound inclusive. Chair Carey agreed. Emily Adams said that the intent was not to supersede what the Board of County Commissioners does, but to meet a community need that might arise at the forum. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve a request to allow the Human Services Advisory Commission to dedicate and donate registration proceeds from the 2007 Human Services Issues Forum to a charitable non-profit community initiative that develops in response to the theme, "Domestic Violence Hurts the Whole Community". VOTE: UNANIMOUS b. Reauthorization of County Participation in the Triangle Area Water Supply Monitoring Protect, Phase 6 The Board considered a resolution that both amends the interlocal agreement governing the Triangle Area Water Supply Monitoring Project and reauthorizes continuing County participation in what is now Phase 6 of the project and directing the Manager to execute the agreement. County Engineer Paul Thames said that Orange County has participated in this project since its inception in 1988, and the initial phase was to look at sediments in water of local reservoirs, etc. After three years it was determined that the water quality was generally better than anticipated. The project was reauthorized to look at different compounds and then they started to move forward to determine the impact of land use and runoff on water quality. Phase 6 includes a mobile team that will sample the water to try and determine the impacts of runoff from storm events in the streams, which then flow into the reservoirs. He said that this is a worthy project, but it is getting more expensive. Orange County started out paying about $3,000 a year, and it is being asked to reauthorize this project for another 5 years for $12,000 a year. Laura Blackmon said that this plan will have some implications on the Jordan Lake watershed in Orange County. The County has budgeted $7,000 but Budget Director Donna Coffey has said that there are additional funds to cover these costs. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve a resolution that both amends the interlocal agreement governing the Triangle Area Water Supply Monitoring Project and reauthorizes continuing County participation in what is now Phase 6 of the project and direct the Manager to execute the agreement. VOTE: UNANIMOUS 7. Reports-NONE 8. Board Comments -see above 9. County Manager's Report Laura Blackmon said that tomorrow there is a meeting of Durham Tech and school system Superintendents, along with the Town Managers and training staff for the presentation by Durham Tech an the type of curriculum for the satellite campus. This is also an opportunity far the Superintendents as well as the Town Managers and staff to provide some input on types of leadership development, etc. Laura Blackmon said that she also has a meeting tomorrow about Carolina North. She is part of a committee about fiscal impact, and it is the estimate of all of the firms that it will take six months to do the fiscal impact. Regarding the West Ten Soccer Complex, four out of the six fields have been sprigged. It is now too late to sprig the other two fields. There are two options. One option is to sod the two remaining fields, which would take a change order of $97,000. The second option is to put rye on the fields to maintain them over the winter months and sprig them in the spring. She has opted for sprigging in the spring, and opening the four other fields next summer or early fall. Chair Carey said that he participated with the Durham Tech Board in the process of narrowing the candidates for the Durham Tech President to three applicants. The next step is for the state community college system to take over and hire the President. 10. Appointments-NONE 11. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to go into closed session at 8:49 p.m. 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 # 9887520801 and Pin # 9887334585, owned by F.M. Kirby to be used for multiple County purposes including a district park," NCGS ~ 143-318.11 {a)(5}. "To discuss matters related to the location of businesses in the County," NCGS § 143-318.11 (a)(4). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to reconvene into regular session at 9:25 p.m. . VOTE: UNANIMOUS 12. Information Items • Memo from County Engineer to County Manager Regarding Information about the Use and Permitting of Wells in the OWASA Service Area • Letter from Occaneechi Band of the 5aponi Nation, Inc. to Public Works Director Regarding the Partnering with Orange County and the Town of Hillsborough • Letter from NCDOT to County Manager Regarding a Driveway Permit-Close File: D-10-26- 05-0-1 "West Ten Road Pump Station" Located on SR 1114 • Letter from NCDOT to BOCC Chair Concerning Improvements to SR 1008, Mt. Carmel Church Road in Orange County • 813!07 Letter from County Manager to Mebane Town Manager Robert Wilson Regarding Agreement for Buckhorn Wastewater Infrastructure ImprovementslCollaboration and 8/9107 Confirmation Letter from Mebane Town Manager 13. Adjournment Commissioner Gordon, seconded by Commissioner Foushee to adjourn the meeting at 9:25 p.m, made a motion. 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 1:00 pm, Thursday, August 30, 2007: Lake Orange • Water level is approximately 48" below full. • Water storage capacity remaining is approximately 63°10 (235 million gallons} • Approximately 103 days of water supply remaining (at Capacity Use specified release rate) • We are still in Stage 2 as defined by the Eno River Capacity Use Agreement West Fark Reservoir • Water level is 30" below full. Water storage capacity remaining is approximately 88.6°~. More than 232 days of water supply are remaining (assuming Town's current daily demand and releases for streamflow augmentation) As of this afternoon, Hillsborough's Town Engineer has increased its release amount from the reservoir from 2.7 cubic feet per second (cfs) to approximately 4.0 cfs. This is four times their required release rate of 1.0 cfs for August. This part of a continued effort to ameliorate the drought effects on Lake Orange. OWASA Reservoirs • Water level at Cane Creek Reservoir is 66.5" below full • Water level at University Lake is 69.25" below full • Total remaining water storage capacity is approximately 68.2% • Approximately 210 days of water supply remaining {at current average weekly demand) National Weather ServicelNOAA Regional Precipitation data {inches above [+] or below [-] normal) RDU -0.92" since June 1 -5.34" since Jan. 1 Piedmont-Triad -6.07" since June 1 -9.93" since Jan. 1 Miscellaneous notes 1. The NC Drought Management Advisory Council drought map, dated August 28, 2007, shows Orange County and counties to the East, West and South to be in a severe drought condition. Counties to the North are shown to be in moderate drought conditions. 2. According to engineering staff records, Lake Orange has dropped lower than 48" below full 6 out of the past 9 years. Three of those nine years, the lake dropped more than 5 feet (60"}.