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HomeMy WebLinkAboutMinutes - 20070919 APPROVED 10123/07 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 19, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Wednesday, September 19, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordan, Barry Jacobs and Mike Nelson COUNTY COMMISSIONER ABSENT: 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 None. PUBLIC CHARGE The Chair dispensed wifh the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Reverend Robert Campbell spoke about Eubanks Road. He said that he is concerned about the safety on Eubanks Road, assuming that a transfer station is put on Eubanks Road, and that it is not designed to handle 18-wheelers and school buses. He said that this road is designed for light industrial traffic and not for the mega-traffic that will be created by this site. He said that the speed limit is 45 mph on Eubanks Road and 40 mph on Rogers Road. He said that no one is policing this neighborhood, and frequent visits by law enforcement are not adequate. He said that no one has done a traffic impact study of these roads, no one knows the danger on these roads except the residents, and that no one is truly listening to the residents of this community. The residents are asking for safety and for health regarding the groundwater that is being contaminated by the landfill. He said that he is demanding that some actions be taken to correct the problems in this neighborhood. He said that the taxes paid by the residents of Rogers Road are just as important as the taxes paid by the residents of Meadowmant, and that the residents are asking that some of the resources be put back into the community. Chair Carey said that there is a task force that has been appointed by the Board of County Commissioners that is working on all of these issues. He said that it takes multi- jurisdictions to resolve these issues, including the North Carolina Department of Transportation. Michael Buck is a resident of Churton Grove in Hillsborough and last week he delivered a document to the County Commissioners, the County Manager, the County Attorney, and the Planning Department. The document details resident concerns regarding the developer's operation of Churton Grove. He said that on March 22, 2004, former Commissioner Steve Halkiatis asked to have a presentation regarding the developer not living up to their promises. Four months earlier, on December 1, 2003, Commissioner Jacobs asked for a report about whether or not the developer was adhering to the conditions of approval. He said that if these presentations were given, he is unable to find it in the public minutes. He said that the patience of the residents is being sorely tested by the failure of Churton Grove developers to live up to their agreements to the residents and to the County. The issues relate to concerns and failure to provide promised code compliant amenities, safety concerns, and unaddressed landscaping issues and concerns about the plans for phase 4. He said that, given the quantity and scope of the questions about violations of County code and special use permit provisions, the County's position must be that the developers resolve these issues. He means all developers in the County. He asked the County Commissioners to give this document serious consideration. Sharon Cook lives off of Rogers Road. She said that last spring the Board of County Commissioners reluctantly made a decision to place the next solid waste facility in the same neighborhood that has borne the burden of the community's trash for the past 35 years. She said that, shortly after the Board made that decision, it was determined that the current landfill has an additional year of use. She asked what would be done with that additional time. She said that the citizens have been tossed from one jurisdiction to the other with no opportunity to present to all the stakeholders at the same time and at the same place. She said that this is a problem that all jurisdictions probably wish would just go away. For the Rogers Road community, the current decision means that the problem will never go away, but will increase as the community continues to grow. She asked the County Commissioners to ask themselves if this is a facility that they would want in their neighborhood. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. ProclamationslResolutionslSaecial Presentations a. Smith Level Road Task Force Report and Recommendations The Board received a presentation from the Smith Level Road Task Force. Craig Benedict introduced Terri Buckner, Chair of the task farce. There was a PowerPoint presentation. Smith Level Road Task Force Report to Board of County Commissioners September 19, 20D7 Smith Level Road ^ Jointly designated as "ruraP' with Chapel Nill in order to protect the University Lake watershed ^ Small section designated as part of Mountains to Sea bike route ^ Serves numerous neighborhoods and apartment complexes and a few businesses ^ Gateway between Carrboro and Chatham County Task Force Charge ^ Gather data on problems that impact traffic and pedestrian safety ^ Examine development pressures that impact traffic and the University Lake watershed ^ Explore ways to provide safe, non-vehicular use of SLR ^ Identify obstacles to transportation improvements Northern Section Southern Section General strategies for improving non-vehicular mobility ^ Reduce speed of motor vehicles. ^ Reduce volume of motor vehicles. ^ Reduce exposure time for pedestrians. ^ Improve access and mobility for all pedestrians, especially those with disabilities. ^ Encourage walking by improving aesthetics, safety, and security. ^ Improve compliance with traffic laws (motorists and pedestrians). ^ Eliminate behaviors that lead to crashes (motorists and pedestrians). Speeding concerns ^ In 2003, nationwide, speeding was a contributing factor in 31 percent of all fatal crashes ^ At 4Q mi/h a pedestrian has an 85 percent chance of being killed; ^ At 30 milh, the likelihood goes down to 45 percent, ^ At 20 mi/h, the fatality rate is only 5 percent ^ One fatality on SLR between 200-2006 Truck Traffic ^ DOT does not count trucks separately from other vehicles during traffic counts. ^ UNC uses Merritt Mining for fill; should expect their truck traffic to remain constant over the next several years. ^ DOT will work with municipalities to impose truck restrictions on some roads. Chatham Development Chatham County is expected to grow by approximately 10,Q00-22,QQ0 new homes within the next 15 years, most of them in the northern section of the county. Right of Way ^ Approximately 70 feet of easement along each side of the road on the southern section ^ Easement restricts other uses ^ Right of way gives authority to use for road widening, sidewalks, andlor bike lanes ^ Steep ditches along much of the road from 15-501 up to Ray Road complicates prospect for bike lanes/sidewalks ^ Adding sidewalks requires adding curb and gutter for safety-extends needed right-of-way out to 15 feet Designated Bike Routes ^ Mountain to Sea route enters Carrboro from Jones Ferry Road, runs down S. Greensboro, turns onto Culbreth Road. ^ DOT and local governments jointly designate certain roadways as bike routes. ^ Officially endorsed bike route designations lay the foundation for the addition of bicycle friendly amenities during future road improvements. ^ Orange Gounty does not have an endorsed bicycle plan on file with the state. Current Plans- Southern SLR ^ Turn lane and signalization have been added as part of the high school development ^ Greenway from Southern Village to SLR -planned but not funded ^ Morgan Creek Greenway planned -under SLR at Frank Porter Graham Elementary School Recommendations for Southern Section Slow Down the Traffic ^ Reduce speed limit to 35 MPN ^ Impose truck restrictions (does not restrict through trucks) ^ Enforce speed limit ^ Examine possibility of narrowing the traffic lanes by 6" between Rock Haven and 15-501 ^ Examine the possibility of eliminating one of the two turn lanes coming off of 15-501. ^ Request traffic & feasibility study for roundabout at Damascus Church Road and Smith Level Improve Access for Non-Vehicular Traffic ^ Add Culbreth to 15-501 and from 15-501 to OId Lystra Road as part of Carrboro, Chape! Hill, and Chatham County's bicycle plans ^ Extend & line shoulders from Rock Haven to 15-501 ^ Add multi-use path on one side from Ray Road to 15-501 ^ Explore landowner compacts to provide frail access for pedestrians and bicyclists Additional Recommendations Investigate Orange Public Transit route opportunities; request consideration of extension of Chapel Hill transit opportunities Until better alternatives are provided, encourage parents to utilize school buses instead of driving. Finally, the task force encourages improved public transportation between Carrboro, Chape) Hill, Orange County, Chatham County, and the Chape! Hill Carrboro City Schools. The Task Force respectfully requests that recommendations which fall under Orange County's authority be referred to staff for further discussion before the end of the year. PUBLIC COMMENT: Lynne Bresler is a resident of Dogwood Acres off of Smith Level Road, and she has a 14-year old that bikes to Carrboro High School. She said that it is a dangerous situation because he has to cut across to the sidewalk and there is no way to directly access the sidewalk. She has talked to different people about the repaving on Smith Level Road and the fact that where it has been paved for the high school, there is less of a shoulder now and in some cases no shoulder at all. This has made the road even more unsafe far bicyclists. She said that on Smith Level Road many changes only go to Rock Haven, and she would like the County Commissioners to advocate that this be moved further south, and that Smith Level Road be considered all the way to Damascus Church Road. Mike Vaught is Lynne Bresler's husband. He said that he is an avid bicyclist and walker, and that he is available to answer any questions about bicycling since he rides this road all of the time. He said that he likes the changes that have been made to the area since he has moved into the neighborhood and he looks forward to any of the suggested improvements. Terri Buckner said that one of the reasons that getting the road designated as a bike route is so important is because DOT had representatives on the task force, and the representatives said that roads that have designated bike routes are eligible for additional funding for non-vehicular improvements. Commissioner Jacobs made reference to page 12 of the report and asked why the recommendation was to have OPT connect to Chapel Hill Transit to bring workers to UNC. He said that it would be more logical to ask Chapel Hill Transit to make this connection. Terri Buckner said that the task force was told it would be a useless request, since this area is in the County and does not pay Chapel Hill taxes. Commissioner Jacobs said that he thinks the idea of narrowing lanes by six inches might sound good but teenage drivers are not the safest drivers, so it might turn out to be less safe to narrow a road. He said that the other recommendation of encouraging parents to use the bus is his favorite. Commissioner Jacobs said that when Carrboro High was built, some money was designated for smart growth initiatives. He asked if this money was spent for these purposes. Terri Buckner said that she thinks that funding was used to put in sidewalks along Rock Haven Road and one section of Smith Level Road that runs in front of the ball fields. Commissioner Nelson said that this was a thorough report and he urged staff to bring this back to the County Commissioners as soon as possible because there have been problems with Smith Level Road for a long time. Commissioner Gordon said that she was the County Commissioner liaison an this task force. She made reference to the matrix showing interest of jurisdictions, and said that Orange County has an interest in almost everything on the list. She would like to add Orange County as an interested party to a few more of these recommendations. She also thinks that these recommendations should be looked at comprehensively, meaning that Chapel Hill, Carrboro, and Orange County would be partners in looking at the Smith Level Road recommendations. Chair Carey said that the County Commissioners would refer this to staff to address in a timely manner. 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from June 21, 26 and August 21, 27, 2007 as submitted by the Clerk to the Board. b. Appointments (1) Human Service Advisory Commission -Reappointments The Board reappointed Emily Adams, Vivette Jeffries-Logan, Megan Morris, and Michael Owen to first full terms ending March 31, 2010 and Patty Murray Hill to a second full term ending March 31, 2010 to the Human Services Advisory Commission. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 48 requests for motor vehicle property tax release or refunds in accordance with North Carolina General Statutes. d. Acceptance of 2007 Emergency Management Performance Grant (EMPG] This item was removed and placed at the end of the consent agenda for separate consideration. e. Fiscal Year 2007-08 Budget Amendment #2 The Board approved budget ordinance and capital project ordinance amendments for fiscal year 2007-08 for Department on Aging, Health Department, Distribution of Board Approved Salary and Benefit Allocations, and Conservation Easements Capital Project Ordinance. f. Approval of Financing Arrangement and Fund Balance Appropriation for Orange Rural Fire Department No. 1, Inc. to Purchase a Replacement Fire Rescue Truck The Board approved a request from Orange Rural Fire Department No. 1, Inc. to enter into a financing arrangement to purchase a fire rescue truck, authorized the Board of Commissioner Chair to sign the appropriate documents related to the financing arrangement, and appropriated $40,000 from the District's County-held fund balance for the purposes outlined in the Financial Impact section of this agenda abstract. g: Forest Service Contract for Fiscal Year 2007-08 The Board approved the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR) far protection, development, reforestation, management and improvement of forestlands located in the County and authorized the Chair to sign, subject to final review by staff and the County Attorney. h. License Agreement between State University Railroad Company and Orange County for the Extension of Public Sewer to the Orange County Landfill The Board authorized the County Manager to execute the License Agreement between State University Railroad Company and Orange County for the extension of public sewer to the Orange County Landfill, subject to final review by the County Attorney. i. Legal Advertisement for Joint Planning Area Public Hearing -October 25, 2007 The Board considered the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for October 25, 2007 L Resolution Endorsing Congestion Mitigation and Air Quality (CMAQ) Grant Agreement with the NCDOT The Board endorsed the Resolution Accepting Conditions in the CMAO Agreement with NCDOT, and authorized the County Manager to sign the agreement, subject to final review and approval by the staff and County Attorney to ensure that the County's policies and procedures adhere to federal requirements of the agreement, and directed staff to initiate discussions with the Town of Hillsborough regarding sharing in the local match for the first three years operating expenses for the intro-Hillsborough transit route, contributing to capital expenses to initiate the service, and contributing to future capital and operations costs of that service. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: d. Acceptance of 2007 Emergency Management Performance Grant (EMPG1 The Board considered accepting the 2007 Emergency Management Performance Grant from the State Emergency Management Agency to help support the County emergency management programming and authorizing the Manager to sign, pending final review by staff and the County Attorney. Laura Blackman made reference to the "Background" paragraph and read the sentence, "The Board approved the application an May 3, 2007." She said that it was intended to be on the May 3~d agenda and did not appear, so the Board never approved the application. However, the grant was awarded and the Board approved the match for the grant in the budget process. She wanted to clarify that there was amix-up in May and the Board did not approve the application, but the grant was awarded. It was discussed as part of the budget process and the Board made an allocation for it in the budget. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to authorize the acceptance for this grant funding and authorize the County Manager to sign as the County representative to accept the grant pending final review by staff and the County Attorney. VOTE: UNANIMOUS 5. Public Hearings -NONE 6. Regular Agenda a. Contract Award, Agreement for Construction Manager at Risk Services, Central Orange Senior Center and Spartsplex Renovation The Board considered approval of an Agreement for Construction Manager at Risk Services, ("Agreement"} with Resolute Building Company as Orange County's Construction Manager at Risk {"CMAR"} for the construction of the Central Orange Senior Center and Sportsplex Renovation and authorizing the Chair to sign. Purchasing and Central Services Director Pam Jones said that this is a culmination of a lot of work and the Board of County Commissioners approved the scope of the project and authorized the staff to move forward with the CMAR with Resolute Building Company. This project includes 15,200 square feet of new construction for the Central Orange Senior Center, a little over 4,000 square feet for the adult day health center, and 11,000 square feet of work in the Sportsplex, including a mezzanine area and renovation. The staff moved forward with the CMAR, and it is advantageous economically. This is the final step in the CMAR, where the guaranteed maximum price is approved. The guaranteed price on the building is $5,253,334. There is a 3.5% contingency within this that will allow for change orders, if needed. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve an Agreement for Construction Manager at Risk Services, ("Agreement") with Resolute Building Company as Orange County's Construction Manager at Risk ("CMAR") far the construction of the Central Orange Senior Center and 5portsplex Renovation and authorize the Chair to sign. VOTE: UNANIMOUS Commissioner Jacobs pointed out that there is a 63-week projected completion date of December 2008. b. Emeraency Servicesl9-1-1 Center Upfit: Approval of Construction Manager at Risk The Board considered approving a contract not to exceed $6,500 with Resolute Building Company ("RBC") for pre-construction services associated with Construction Manager at Risk for the upfit of a building on Meadowlands Drive, Hillsborough, for use as the Emergency Servicesl9-1-1 Center. Pam Jones said that this contract is only for $6,500. The guaranteed maximum price will be approved later. The pre-construction phase is up for consideration tonight. Before the summer break, the County Commissioners authorized the staff to move forward with this project and select a CMAR. Five firms submitted proposals, and Resolute Builders is the recommended firm. There might also be some economy of scale since this building is in close proximity to the Spartsplex project. This project should be finished in Spring 2008. Commissioner Jacobs said that when they were looking at this about two years ago, there was a stumbling black about where to put an elevator. Pam Jones said that there will be an elevator tower at the front of the building. There will be a drawing for the County Commissioners to review. Chair Carey asked for clarification on the $6,500. Pam Jones said that if Resolute Builders decides to walk away, then they would take the $6,500 with them for the pre- constructionwork. When the guaranteed maximum price is negotiated, the $6,500 would be rolled in. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve a contract not to exceed $6,500 with Resolute Building Company ("RBC") for pre- construction services associated with Construction Manager at Risk for the upfit of a building on Meadowlands Drive, Hillsborough for use as the Emergency Services19-1-1 Center. VOTE: UNANIMOUS c. Classification and Pay Plan Amendments - AddJRevise Various Classes The Board considered amending the Orange County Classification and Pay Plan to add, delete, or revise various classifications. Personnel Director Michael McGinnis introduced himself. He has been on the job for three days. He said that the interviews for the pay and classification study will be completed tomorrow. Laura Blackmon said that there were new positions approved by the Board during the last budget process, and of those 9.1 positions, six of them are new positions and the classification plan must be revised. Two of them were already approved -Parks Conservation Specialist/Turf Grass Manager and Housing Program Coordinator. The four remaining are Athletic Program Supervisor, Environmental Health Technician -Well Program and Indoor Air Quality, Staff Attorney, and Water Resources Coordinator. In the Personnel Ordinance there is a process for reevaluations of increased duties, responsibilities, which are normally called reclassifications of positions. This also includes title changes. There are positions listed on page 3, and the Board will need to approve the recommended changes. These changes were reviewed by MAPS, which is a local consultant. Regarding the Financial Services Director, this is Ken Chavious' current position and he is retiring November 30t". The position will then have broader responsibilities, handling financial services and not just the Finance Department. Commissioner Gordon made reference to the Financial Services Director and the job description an page 20. She said that it seemed that a CPA should be required and not just preferred. Laura Blackmon said that she is not sure they will be able to attract a CPA, but it can be changed it if the Board prefers. This will narrow the field of people that will apply for the position. She said that she is looking for someone that is a high-level CPA or a Certified Auditor with the experience. The current Finance Director is not a CPA. Commissioner Gordon said that it would be her preference that the person be a CPA. Chair Carey said that this person would have to know a lot about other financial matters besides accounting. He said that including the term, "CPA preferred" will send the right message, but it will broaden the field of applicants. Laura Blackmon said that the remaining four positions relate to the Inspections Department because of the number of inspections that the department was handling. The request came from the Planning Department. She reviewed the positions. There are no recommended budget increases. Commissioner Jacobs made reference to the Permits Coordinator and asked if this is part of the one-stop permitting and a streamlined process. Susan Mellot said that this position is the precursor to central permitting. This person was hired when the solid waste permitting fees were incorporated. It was originally positioned as an Administrative Assistant. This did not fit the duties the person was conducting. The position also holds a Level I certification for building inspections in that they can issue minor permits and do simple plan reviews. Regarding central permitting, there have been discussions, and the staff is working forward in this goal. This position would grow into a Citizen Advocate and would have more duties in the future. Commissioner Jacobs said that there has been same resistance in some parts of County government in the central permitting process. Laura Blackmon said that staff has been working on the recommendation and have been working with Pam Jones. She said that she will be much more involved in this process. Commissioner Jacobs asked for a progress report on this topic. Commissioner Gordon asked for an explanation of the four positions and Susan Mellot explained each position. Laura Blackmon said that there is also a request to delete old classifications -Land Operations Manager, Cade Enforcement Supervisor, and Permit Systems Developer. Commissioner Foushee made reference to page 14 and suggested cleaning up repetitive statements. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to amend the Classification and Pay Plan, as outlined in the tables in the "Background" section of this abstract, to: - add 9 new classes (Athletic Program Supervisor, Environmental Health Technician, Staff Attorney, Water Resources Coordinator, Landfill/Transfer Supervisor, Building Services Manager, Chief Inspector and Plans Examiner, Permit Systems Analyst, Permits Coordinator); - delete 3 old classes (Landfill Operations Manager, Code Enforcement Supervisor, Permit System Developer} that will become unused on the effective dates notes; and - retitle 1 class (Finance Director to Financial Services Director} on the effective date noted. VOTE: UNANIMOUS d. Pleasant Green Woods Phase 3 -Preliminary Plan The Board received the Administration and Planning Board's recommendations and considered a decision on the Preliminary Plan for Pleasant Green Woods Phase 3 Subdivision. Planning Director Craig Benedict said that this is a 73-acre project located in the east central portion of the County. It is in the Lower Eno Protected Watershed and is in a rural designated area. This is a 2Q-lot subdivision. The approximate density is about one unit per 3.67 acres. The lot size average is two acres. In this case, there is about 50°~ open space. Robert Davis went through the pictures of the site. Commissioner Jacobs said that his wife is the Executive Director of the Eno River Association, and he does not believe that he has any conflict of interest, but if the Board chooses to vote that he be excused from this discussion, then he will abide by that. Commissioner Jacobs made reference to page 3 under Recreation and asked about Chapel Hill District Park and Robert Davis said that Chapel Hill Township District Park is at the very northern tip of this particular district. Commissioner Jacobs said that it would seem inconvenient if someone lived in this subdivision to access Chapel Hill District Park. He suggested revisiting this. Commissioner Jacobs made reference to page 23 and the recommendations from Rich Shaw, who was talking about including parts of power transmission lines in the protected area. He asked about the easement properties. Robert Davis said that they would be part of the dedication areas to the Eno River Association. The Board decided to allow Commissioner Jacobs to vote on this item. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to approve the Administration and Planning Board's recommendations to approve the Preliminary Plan for Pleasant Green Woods Phase 3 Subdivision, in accordance with the Resolution of Approval, which is incorporated by reference. VOTE: UNANIMOUS Commissioner Jacobs said that he noticed in reading minutes of the Mebane City Council that Councilmember Greene had raised concerns about Duke Power spraying herbicides an easements, and he knows that there have been discussions in Orange County about this. He would like to share the information with Councilmember Greene. e. Animal Services Facility -Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment (JPA-CH-Z-2-07) The Board considered approval of the request to rezone a 5.48 acre site on the south side of Eubanks Road between the Orange County landfill and Millhouse Raad. Craig Benedict said that this is part of the Chapel Hill and Orange County joint planning transition area. I n order to proceed with this project, it was necessary to change the zoning category on the zoning atlas of Chapel Hill. This was heard at a JPA meeting and has been processed through Chapel Hill. The zoning will be taken from an Office-Industrial classification to an Office-Industrial Classification-1 Conditional Use. The Planning Board reviewed this and unanimously approved it. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve the request to rezone a 5.48-acre site on the south side of Eubanks Road between the Orange County landfill and Millhouse Road. VOTE: UNANIMOUS f. Comprehensive Plan Update Phase I The Board considered recognizing that the revised County Profile Element and draft goals, as recommended by the Planning Board, are acceptable to be used during Phase II to guide the completion of the remaining Elements of the Comprehensive Plan. Comprehensive Planning Supervisor Tom Altieri introduced this item. He said that on August 27t" at the Quarterly Public Hearing, public comments were heard on the draft goals and County profile element. The County Commissioners referred these items to the Planning Board for its recommendation. At the Planning Board's September 5t" meeting, it discussed and considered all public comments and recommended revisions to the Comprehensive Plan Draft Goals and County Profile Element in response. A summary of the revisions was included in the abstract (pp. 2-3}. The Planning Board unanimously approved these revised goals. There were two additional actions that passed. The first motion states that the Planning Board looked at all of the comments from the public meetings, and the reason that the Planning Board did not incorporate some of the suggestions made at the hearing is because some of the suggestions related more to the objectives, which will be developed during Phase II of the process. The second motion was in the form of a resolution. It relates to preserving and strengthening community in Orange County. He made reference to the attachments in the packet, and reviewed these by title. Commissioner Gordon asked for clarification on the recommendation and that staff is only asking the Board to approve moving forward with the draft goals and County profile element, but is not asking the Commissioners to approve them. Tom Altieri said that the Planning Board did discuss this and wanted to stress that these goals are generally acceptable to guide Phase II of the process, but they will not be approved until later. Chair Carey agreed with the Planning Board and its decision about the comments. He said that he would defer to the Planning Board's judgment. Regarding community building, he wonders if this is appropriate in this document. He thinks that this might be more appropriate as a separate and distinct County goal. He suggested coming back at a later time with this goal, since there are differences of opinion on this subject. Commissioner Jacobs suggested deferring this aspect until all of the County Commissioners see the comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to ask the Planning Board to defer discussion about community building until the County Commissioners discuss it, and to recognize that the revised County Profile Element and draft goals, as recommended by the Planning Board, are acceptable for use during Phase II to guide the completion of the remaining Elements of the Comprehensive Plan. VOTE: UNANIMOUS g_ Lease Approval: Solid Waste Administrative Offices The Board considered approving a lease for approximately 1,600 square feet of space at the Courtyard at Cedar Falls on Weaver Dairy Road to be used for Solid Waste Department administrative offices for approximately one year, beginning November 1, 2007 until completion of the new Solid Waste Operations Center and authorize the Manager to execute the lease, subject to final approval by the County Attorney. Solid Waste Director Gayle Wilson said that staff is asking for authorization to lease approximately 1,600 square feet at the Courtyard at Cedar Falls an Weaver Dairy Road for a term of one year until the new operations center is completed. The terms are for $27,000 far the year. He said that the remediation of a hazardous waste dump plan by the University to begin an October 1St, resulted in a safety zone of 400 feet that encompassed the existing Solid Waste Administration Building. This would require a relocation for at least four months and probably longer. The evacuation zone did not quite reach the animal shelter, but it encompasses most of the parking lot. The second reason for relocating is that there has been a delay in the construction of the new Solid Waste Operations Center on Eubanks Road that was originally scheduled to be completed in late fall 2007. Delays in the project design and permitting resulted primarily from some of the innovative storm water and wastewater pretreatment, reuse, and disposal segments of the project. Final permitting was obtained in late August. The staff did look at other options. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve a lease for approximately 1,600 square feet of space at the Courtyard at Cedar Falls on Weaver Dairy Road to be used for Solid Waste Department administrative offices for approximately one year, beginning November 1, 2007 until completion of the new Solid Waste Operations Center, and authorize the Manager to execute the lease, subject to final approval by the County Attorney. VOTE: UNANIMOUS h. Decision Paints, Steps, and Timelines Regarding a Possible May 6, 2008 Local Revenue Options Referendum The Board considered decision points, steps, and timelines regarding a possible May 6, 2008 Local Revenue Options Referendum and providing direction to staff. Budget Director Donna Coffey said that local governments in North Carolina have historically relied upon ad valorem taxes as the major source of revenue. For a number of years, County Commissioners have also looked to the General Assembly to give counties the authority to expand revenue options and lessen the reliance on the ad valorem taxes. During the 2007 legislative session, the General Assembly finally granted counties this ability for the revenue options. These include a 0.4% land transfer tax and an additional %4-cent sales tax. In order to enact these revenues, counties must have voter approval. The ballot can include both issues, but the County cannot enact both of these revenues. There are na restrictions on how the revenues would be used. According to information received from the North Carolina Association of County Commissioners, 26 counties are putting the questions on the November ballot, and an additional six counties have decided to put them on the May ballot. The Orange County Commissioners have not decided on the date to put this on the ballot. Regarding the financial impact of the newly enacted revenues, if voters approve this in May, the revenues would start flowing into the County beginning in July for the land transfer tax. The 14-cent sales tax would begin October 1, 2008 and would be distributed to counties based on the point of delivery and not on a per capita. It would not apply to food purchases, and the County could expect $3,031,000 annually from the %4-cent sales tax. This is the equivalent of 2.4 cents on the tax rate. Far the land transfer tax, the County could expect a little over $4 million annually from this revenue, which is the equivalent of 3.2 cents. If the land transfer tax were enacted, it would equate to $800 an a home sold for $200,000 and $2,000 on a home that Was Sold for $500,000. The staff has identified five decision points far the Board to consider an pages two and three. She went over these decision points. Commissioner Nelson made reference to the Community Advisory Task Force and said that there should be two different kinds of task forces -educative and advising. He said that it is not clear how this would operate. Donna Coffey said that the staff attended an NCACC seminar today, and there would be an educational component that would happen after the County Commissioners decide when to include this on the ballot. There could also be a citizens group called together as the Board is making decisions on how to use the funds. Laura Blackmon said that this format has been used for bonds, but this tax is different. She could see this group helping the County Commissioners with the education plan. She said that this is not a large sum of money and the County is not required to share this money with any entity. The County will use this to recoup some of its losses from Medicaid. Commissioner Nelson verified that this task force would be an educational group. Commissioner Foushee said that the advisory task force could do some of both. She said that she does support having this on the May 6t" ballot as opposed to the November ballot because she thinks that this would give the County time to educate the public. She is in favor of the timelines as proposed since this is something the governments have requested from the legislature for a long time. Chair Carey said that he thinks that this group would be educational and advisory. The task force is supposed to make a report to the County Commissioners an January 29~", and at that point, the members of the task force could be given the opportunity to clarify whether they want to continue as a part of the educational effort. Commissioner Jacobs distributed a copy of the Land Transfer Tax Referendum 2008 Information Kit from Chatham County. He said that this is an interesting possibility. He suggested collecting information from other counties as examples. He still does not think that the public realizes that the ultimate effect of the legislature's actions was to take more money from counties than either one of these options could possibly give back. Laura Blackman said that the Board of County Commissioners can initiate an educational campaign, but not an advocacy campaign. Commissioner Gordon agreed with having this on the May 6t" ballot. She thinks that somewhere in the set of decision points, there should be a survey of voters to ascertain the level of awareness and potential for support of these options. Commissioner Nelson said that he supports proceeding with the land transfer tax on May 6t" and setting up the advisory group. He does not support the additional sales tax. Chair Carey said that the Board should decide on the first three decision items at least. He said that the Board does not need to decide which issue to put on the ballot yet. He wants to say something to the public about haw the County will use the revenues. He supports the first three decision points. Commissioner Jacobs said that staff is going to give the Board presentations about the options. He said that he thinks that the first reaction is that the sales tax is more regressive, but it is not an food or medicines. He said that he wants more information before he excludes the sales tax as an option. He also wants to discuss putting both options on the ballot. Commissioner Nelson said that every time people go to the store, they would pay this tax, and the land transfer tax is paid Only when a house is sold. Commissioner Gordon asked for clarification on the decision points. The points on page 2 are labeled differently from those on page 3. She said that, if the Board agrees, then it should also approve the fifth decision point on page 3 and the schedule to November Stn A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to: - State the intent to seek authority for the local revenue options; - State intent to include local revenue options referendum an the May 6, 2008 ballot; - State intent to appoint a Local Revenue Options Community Advisory Group; and - to approve the schedule to November Stn VOTE: Ayes, 4; Nay, 1(Commissioner Nelson) i. Fee Waiver Request far Tent Revival Event at Fairview Park The Board considered the request for park use fee waiver by Reverend Luther Brooks and the St. James Baptist Church. Laura Blackmon said that this item was added to the agenda at the last minute. She said that when the budget was done in the spring, there was a request to approve some increases and some additional fees for utilization of park facilities. The minutes were approved tonight for the June 21 st minutes in which the additional fees were approved. The current ordinance with the park fees is included in the attachment. The staff is working on a complete County space use policy and procedures. This is a request for use of the entire Fairview Park for the tent revival, and the applicant is requesting a waiver of the fees. She said that she is not comfortable waiving this fee because it is a religious event and it would be difficult to collect the fee from other entities. Recreation and Parks Director Lari Taft introduced Reverend Luther Brooks. Reverend Luther Brooks said that he has been a resident of Orange County for 52 years and the Senior Pastor of St. James Baptist Church in Durham far 20 years. He said that what has happened is that far the last several years they have seen young black men in Fairview losing their lives, and they want to evangelize the community. He said that they feel that $1,500 far six days far the park is expensive because this tent revival will not be making any money and they take up offerings. He said that they have the support of the community and the food bank, and they will be feeding and giving away clothes, etc. He said that they are about community- building and changing lives for the better. Commissioner Foushee asked if this revival could be reduced to fewer days and Rev. BfOOkS 5ald yes. Commissioner Nelson asked for a statement from the Attorney an the legal ramifications. Brian Ferrell said that this item was a late addition to the agenda and the attorneys did not get an opportunity to review it. Commissioner Nelson said that he needs to know the legal implications before making a decision. Chair Carey asked about the payment-in-lieu and what it would mean in this context. Laura Blackmon said that this is the possibility of sharing the sponsorship of an event and any revenue would return to the County, but it would depend on the event. Laura Blackmon answered several clarifying questions about the payment-in-lieu option. Laura Blackmon said that if you start to waive fees, then you might as well not charge them to begin with. If the County is interested in supporting certain types of events, then the fee would be kept in place and a program could be established to lend County support for thane types of events. Commissioner Jacobs said that he brought this issue up when the fee was considered during the budget process. He was not comfortable with it then and he is not comfortable with it now. He does not think that the County has any policy to speak of and the fee idea far renting the whole park for a day was a surprise to the County Commissioners. The staff was asked to bring back same thinking about how this might be applied and nothing has ever come back, and now there is a situation. He said that former Commissioner Halkiotis speaks very highly of Rev. Brooks and he is sure that this is a worthy cause for Fairview, but he has issues of restricting public use of a park, totally independent of this request. Chair Carey said that the Board needs to discuss this further and if the County restricts the use of a public park far a fee, then to some extent there might be a higher bar for those who are less fortunate and da not have the money. He has problems with this. He wants to have this discussion on October Stn Reverend Brooks said that they do have a 501 (c) 3 that is non-religious, and he asked if this could be used to cover the same event. He said that he would be at the October Stn meeting. This item was DEFERRED to October Stn 7. Reports-NONE 8. Board Comments Commissioner Gordon made reference to the green sheets that tell whether the agenda package is complete and she noted that the agenda package was totally complete. Commissioner Gordon said that she was at the Seymour Center recently and she gave directions to some people that were trying to go to a Board of Health event at the Southern Human Services Center because they did not know where to go. She suggested having temporary signs telling which building is which. Commissioner Gordon said that the Assembly of Governments meeting is tomorrow night and a solid waste item may came up. She suggested making copies of the resolution, which gives reasons for why the Board of County Commissioners did what it did. Chair Carey said that there is a full agenda and he would discourage getting into a discussion. Commissioner Nelson - no comment. Commissioner Jacobs said that the public market house dedication was last week and it was a nice event and a nice facility. Commissioner Jacobs said that he and Commissioner Gordon met with the Hollow Rock Planning Committee yesterday and there was goad attendance. The land should be totally paid far in April 2008. Commissioner Jacobs said that he would like a report from the Farm Service Agency and Cooperative Extension about what the drought is doing to the agricultural community in Orange County. Commissioner Jacobs said that he is concerned about not having an Economic Development Director and he would not like to see the economic development drift and drift indefinitely. He would like to know from the Manager when it will be on an agenda. Commissioner Foushee - na comments. Chair Carey said that he and Commissioner Foushee attended the 20t" anniversary of Club Nova and the Orange County Board of Commissioners was presented with a plaque recognizing the contributions made by Orange County. Chair Carey said that Orange County is a member of the International Council for Local Environmental Initiatives, along with Carrboro and Chapel Hill. He said that he was going to ask the Board to consider a resolution of support of the events on October 4t" related to a national conversation on climate change. Chapel Hill was asked to sponsor some discussion on climate change on October 4t" between 4:00-6:00 p.m. at the Chapel Hill Public Library. Chair Carey said that the County Commissioners all received an email from Judge Beverly Scarlett about reducing fees at the Sportsplex for people who are trying to live substance free. He responded to this and referred it to the Manager for consideration before acknowledging it before the County Commissioners. He apologized for doing this without Board authorization. 9. County Manager's Report Laura Blackmon made reference to the yellow sheet, which was an email she received from NCACC regarding elections equipment mandates and the impact on counties. Barry Garner has told her that this will not have any impact on Orange County because this has already been done. She said that staff is doing interviews for the pay and classification plan. She hopes to bring a recommendation to the Board an October 23~d She said that she has mentioned to the Board before about the Mercer Group for assistance in getting applicants for the Emergency Services Director position. She met with the Mercer Group last week and the group will be meeting with staff in order to develop a profile for desirable applicants. 10. Appointments a. Orange County Board of Adjustment-One New Appointment The Board considered making one new appointment to the Board of Adjustment. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint James Carter to a first full term ending June 30, 2010. VOTE: UNANIMOUS b. Human Relations Commission The Board considered making new appointments to the Human Relations Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Colin Austin, Katina Nichols, Ernest Roberts, Grace Witsil, and Susie Morrow. VOTE: UNANIMOUS The Clerk will work on the expiration dates of the appointees. c. Human Services Advisory Commission -New Appointments The Board considered making new appointments to the Human Services Advisory Commission. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Janine Zanin to a partial term ending March 31, 2009 and Megan Ballard to a first full term ending March 31, 2010. VOTE: UNANIMOUS d. Sportsplex Community Advisory Committee -New Appointment The Board considered making one new appointment to the Sportsplex Community Advisory Committee. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Vibeke Talley to a first full term ending September 30, 2009. VOTE: UNANIMOUS 11. Closed Session-NONE 12. Information Items-NONE 13. Adiaurnment A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to adjourn the meeting at 10:33 p.m. VOTE: UNANIMOUS Moses Carey, Jr., Chair Donna 5. Baker, CMC Clerk to the Board Orange County water supply reservoir water levels Available information as of 11:00 AM, Thursday, September 13, 2007 Lake Orange • Water level 60" below spilling. • Water storage capacity remaining is 55.7% (264 million gallons) • Approximately 93 days of water supply remaining (at Capacity Use specified release rate) • Current Eno River flow at the Hillsborough gage is averaging approximately 2.8 cfs (1,810,000 gallons per day}, which is slightly below the median flow for this time of year.. • Phase 3 Eno River Capacity Use withdrawal restrictions have been in effect as of September Stn West Fork Reservoir (as of 917107} • Water level is 35" below spilling • Water storage capacity remaining is 85.3% • Approximately 285 days of water supply remaining (assuming Town's current demand [averaging 1.4 mgd [2.2 cfs] aver the last few weeks] and current releases for streamflow augmentation of 0.65 mgd [1.0 cfs] minimum]} • Since 9I11t07, the Town has been releasing 2.2 mgd [3.4cfs] into the river for the last week (0.2 mgd [0.4 cfs] more than required for its own use and its minimum instream flaw release) to help preserve Ena instream flow and water level in Lake Orange. OWASA Reservoirs • Water level at Cane Creek Reservoir is 81.5" below full • Water level at University Lake is 80.8" below full • Total remaining water storage capacity is approximately 63.1 • Approximately 186 days of water supply remaining (at current 7-day average daily demand [11.5 million gallons per day]} • OWASA declared a "Water Supply Advisory", a warning of the potential onset of mandatary water use restrictions on OWASA customers on August 23rd National Weather ServicelNOAA Regional Precipitation data (inches above f+1 ar below f-1 normal) RDU Piedmont-Triad -1.56" since September 1, 2007 -1.56" since September 1, 2007 -7.16" since January 1, 2007 -11.16" since January 1, 2007 Miscellaneous notes 1. The NC Drought Management Advisory Council drought map, updated September 13, 2007, shows all of Orange County to be in the area characterized as "extreme drought" in terms of climatic conditions. 2. Given that Orange Alamance's withdrawals are now averaging well below historical levels; Piedmont Minerals withdraws are but a tiny fraction of its historical levels of withdrawal; anc excess releases by Hillsborough, the water level at Lake Orange, though low, is well above historical expectations, given the current lack of rainfall.