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HomeMy WebLinkAboutMinutes - 20080205 APPROVED 3/18/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 5, 2008 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 5, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Mike Nelson COUNTY COMMISSIONERS 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) 1. Additions or Changes to the Agenda Chair Jacobs went through the additional handouts for the agenda: - Green-colored sheets - CIP summaries - Aqua sheet - water supply reservoir water level report - Adjusted BOCC Calendar— 4-n - Light blue sheet - list of Arts Commission Grant recipients. A couple of agenda items were emailed to the Board of County Commissioners last night and there were some concerns raised about having materials sent so late. There is an email from the Manager about these concerns. If the County Commissioners are not comfortable with these two items, then they could be added to the begging of the work session on February 11th. Regarding the Farmer's Market item, he suggested breaking it into two parts. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Lee Pavao, Chair of the Orange County/Chapel Hill Visitor's Bureau, said that on behalf of his board, he would like to ask the Board of Commissioners to consider increasing the hotel occupancy tax by 1%. The board would like the tax raised to the full 3%, and the additional funds will be used for tourism. He said that this will bring the total budget to $900,000. Durham's total budget is $3.1 million; Raleigh's is $4 million; Greensboro's is $3.9 million; and Pinehurst's is at $1.5 million. The Orange County Visitor's Bureau is meeting the demands of the area's hospitality industry all over the County and the increased marketing dollars will help them grow results. He referred to a packet that the Board of County Commissioners had been given. He said that this request will not negatively impact property taxes. Yonni Chapman works with the NAACP and the Coalition to End Environmental Racism. He read from a prepared statement: "Last March, I would have said that this Board of County Commissioners has no backbone for justice. I would have said that you are content to follow the well established path of political expediency rather than the principles of equality and justice you claim to believe. I would have said that your decision to locate a solid waste facility in the poor, black, rural, and politically disenfranchised community of Rogers and Eubanks Roads is a grotesque perpetuation of environmental racism. Today, I am withholding final judgment. You have reversed your March decision and have reopened the search for a waste transfer site. Now the question remains, is this just a ploy to appease public opinion, or will you take the Rogers and Eubanks neighborhoods off the table? If you refuse to take these neighborhoods off the table, after they have endured the burden of county waste disposal for thirty-five years, after the promises of local governments to the landfill neighbors have been repeatedly broken, and after a moral consensus against environmental racism and injustice has been reached by much of this community as well as the nation, you will go down in history as the Commissioners that made Orange County a national symbol of environmental racism. On the other hand, you have the opportunity to make Orange County a leader in environmental justice, if you have the wisdom and courage. The NAACP and other organization are circulating a letter to community leaders and organizations. No matter what, our organizing for justice will continue. Since the 1960's, the segregationists are no longer the most dangerous enemy of racial justice. The main enemy today is institutional racism. It is good people like yourselves, who acquiesce and accommodate to the racial hierarchies inherited from Jim Crow, who perpetuate the old injustices. The dumping of waste in poor, black, disenfranchised communities is a classic example of environmental racism. The siting of the waste transfer station and compensation to the Rogers Eubanks landfill neighbors for 35 years of environmental racism are pivotal moral issues for our community. They are also decisive political issues, as all of you running for election this year no doubt realize. This Board of County Commissioners has a chance to redeem itself and set Orange County on a new and honorable path. All of us appeal to your better selves. Take the Rogers/Eubanks neighborhoods off the table. Thirty-five years is enough!" Neloa Jones said that the Rogers/Eubanks community had hoped that the Board of County Commissioners would establish an advisory committee. She brought some suggested names and gave them to the Clerk. She made reference to a map given to the County Commissioners and said that the Coalition to End Environmental Racism has a goal to educate the public about environmental injustice. These maps go far in showing some of the injustices and impacts of the solid waste facility, as well as some of the neglect that the community suffers in regard to government services. She made reference to Map #1 and the large orange area, which shows how the landfill has expanded so close to the community. She said that the sewer and water mains are in the Habitat neighborhoods, but they do not extend to the older, historic area. The OWASA water mains also exclude a number of people. She said that of the 120 people that were offered water a few years ago, only 33 people were able to qualify for aid to connect. Rev. Robert Campbell lives in the Rogers Road neighborhood. He asked the Board to take the Eubanks site off the table. He said that this administrative complaint against Orange County and the other municipalities is not a lawsuit. He said that the groundwater is contaminated, the air quality is poor, and the roadways are unsafe. He said that this complaint seeks remedies under Title VI of the Civil Rights Act of 1964. He believes that there is some injustice in this community. Sharon Cook read a prepared statement, as shown below: "Thank you to each one of you for reopening the site search for the County waste transfer station. As we celebrate Black History Month, I hope that this Board will write a new chapter in our County's history of placing ever new solid waste facilities in the Rogers-Eubanks area community. This Board has a unique opportunity to be positive history makers by refusing to continue burdening a predominantly low-income African-American neighborhood with the trash being produced by all of us. It is especially disturbing that over the past 10 to 15 years during which the County has known of the need for additional solid waste facilities, new upscale predominantly white neighborhoods including Meadowmont, Southern Village, and Waterstone have been built, or are in the process of being built. While these new mega-developments which attract residents from throughout the country have had similar sized school and/or park sites reserved on site or nearby, the longtime residents of the Rogers-Eubanks community continue to bear the burden of our trash. Dinners have been enjoyed and speeches have been applauded. Now it is time for this Board to take the lead in changing Orange County's history regarding the placement of waste facilities near low-income minority neighborhoods. Please restart the waste transfer station search by taking the Eubanks Road site off the table. She read a petition signed by Orange County residents that are opposed to continuing to have Eubanks Road on the table. Petition by Orange County Residents to the Board of County Commissioners to Eliminate Eubanks Road from Consideration for the Waste Transfer Station Site Search: For the past 35 years the present of landfills has degraded the quality of life for the predominantly low-income, African-American residents of the Rogers Road/Eubanks neighborhoods. These residents, whose neighborhoods have a rich heritage, have tolerated risks to their well water, odor and degraded air quality, noise, and pests brought by the landfills and other solid waste facilities. The detrimental effects of a nearby waste transfer station would continue this trend of having solid waste facilities in their neighborhoods —facilities which over the years have had a disproportionate and adverse impact. We the undersigned residents of Orange County respectfully request that the Board of County Commissioners eliminate Eubanks Road from consideration for the site of the waste transfer station and any other new solid waste facilities." Chair Jacobs said that this is not a "slow me down" tactic, but there is a civil rights complaint that has been filed, and as long as it is there, the Board will not discuss in public the position. The Board has expressed previously its inclinations, but upon the advice of the County Attorney, until such time that there is a remedy or a change, the Board will listen and continue with discussions. There is a special meeting on February 11th to deal with this issue at 7:30 p.m. at the Southern Human Services Center. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations! Resolutions! Special Presentations a. Orange County Arts Grant Recipients The Board considered presenting checks to local artists and arts organizations receiving Orange County Arts Grants. Chair Jacobs read the names of grant recipients, as shown below: Grant Recipient: Attendees: ArtsCenter- Lauren Hodge Chapel Hill Downtown Partnership - Meg McGurk Carrboro Elementary School PTA - Cultural Arts Program - Ben Davis Chapel Hill High School Philharmonic Foundation - Mary Willingham Door to Door Program of UNC Health Care - Joy Javits Ephesus Road Elementary - Theresa Grywalski Frank Porter Graham Elementary School PTA - Anna Waller Rachel Galper - NOT AVAILABLE Grady A. Brown Elementary School Cultural Enrichment Committee — Janice Wereszczak Hillsborough Arts Council - Tinka Jordy Hillsborough Elementary School PTA - Martinette Horner Cornelia Kip Lee - NOT AVAILABLE McDougle Elementary School PTA - Lisa Bobst Dale A. Morgan - Dale A. Morgan Ari Picker- Ari Picker Seawell Elementary School PTA - NOT AVAILABLE Martha Shannon said that the Board has just handed out $18,500 in County grants. There were 36 applications totaling $40,392 in requests. There were 19 grants awarded, and 10 of the grants were for education, which is the largest amount that has ever been requested from the school systems. She thanked the County Commissioners. b. Resolution Recognizing and Honoring Bob Nutter The Board considered a resolution recognizing Robert "Bob" Nutter for service to Orange County and the agricultural community. Chair Jacobs read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve a resolution recognizing Robert "Bob" Nutter for service to Orange County and the agricultural community. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING BOB NUTTER WHEREAS, Robert "Bob" Nutter is a fifth generation farmer; and, WHEREAS, the Nutters moved from Maine to North Carolina in 1963 to start a farm in Orange County; and, WHEREAS, Maple View Milk Company, started by the Nutters in 1996, was one of the first contemporary farm-to-consumer milk bottling businesses in North Carolina; and, WHEREAS, Maple View Ice Cream is the pride of North Carolina and has received national recognition; and, WHEREAS, the Nutter family, led by Bob Nutter, has served an important role in environmental preservation as a pioneer for land conservation; and, WHEREAS, the Nutter family has provided strong support for public education including the "Dictionary Program"which has provided dictionaries to third-graders in the Orange County Schools since 2004; and, WHEREAS, Bob Nutter has been honored by the Orange-Durham Cattlemen's Association with its Lifetime Achievement Award for his work in the North Carolina cattle industry; NOW, THEREFORE, be it resolved that, the Orange County Board of Commissioners recognizes Bob Nutter for his outstanding service to the people of Orange County, innovation in farming techniques, and commitment to the agricultural community here and across the State of North Carolina. This the 5th day of February 2008. VOTE: UNANIMOUS Bob Nutter said that he is thankful that he moved to Orange County and Orange County has been good to him. c. Resolution in Support of Continuation of JCPC Funding The Board considered approving a resolution demonstrating support of continuation funding for the Orange/Chatham Juvenile Crime Prevention Council and authorizing the Chair to sign. Commissioner Gordon read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve a resolution demonstrating support of continuation funding for the Orange/Chatham Juvenile Crime Prevention Council and authorizing the Chair to sign. RESOLUTION IN SUPPORT OF CONTINUATION OF JUVENILE CRIME PREVENTION COUNCIL FUNDING WHEREAS, Juvenile Crime Prevention Council (JCPC) funding has been removed from the continuation budget of the North Carolina Legislature and is now subject to continuation review; and WHEREAS, the non-recurring status of JCPC funding and subsequent continuation review will delay the annual appropriation and may result in the loss of qualified professionals to provide diversion and dispositional alternatives at the local level; and WHEREAS, since 1977, the State of North Carolina and county governments have been partners in providing effective and necessary community based juvenile delinquency prevention and intervention services; and WHEREAS, the JCPC funded programs of Orange County are supported by the efforts of hundreds of volunteers yearly; and WHEREAS, in accordance with legislative mandates, the Orange County JCPC is comprised of representatives of juvenile court, mental health, social service, schools, law enforcement, district judges, faith community, county manger, nonprofit sector and other concerned citizens; and WHEREAS, The Orange County JCPC diligently carries out its charge of assessing community needs, planning for those needs to be met, recommending programs for funding to meet the needs and evaluating the performance of those programs; and WHEREAS, the loss of JCPC program services in Orange County will result in more than five hundred juveniles being without intervention and prevention services such as restitution and community service, counseling services and teen court and NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners strongly endorses full reinstatement of funding for Juvenile Crime Prevention Council programs to the continuation budget and the allocation of additional funds to support legislative mandates to protect the community and provide a juvenile justice continuum at the local level. This the 5th day of February 2008. VOTE: UNANIMOUS 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for the two meetings on December 7, 2007 as submitted by the Clerk to the Board. b. Appointments — None c. Applications for Property Tax Exemption/Exclusion The Board approved three (3) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year. d. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to one (1) request for property tax refund in accordance with N.C. General Statute 105-381. e. Advertisement of Tax Liens on Real Property The Board approved an advertisement to report the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute 105-369 and set March 12, 2008 as the date for the tax lien advertisement. f. Purchase of Personal Computers through NC State Contract The Board approved the purchase of 150 Personal Desktop Computers, 50 laptop computers and accompanying Office software to replace obsolete computers used by staff throughout Orange County government and authorized the Purchasing Director to execute the necessary paperwork. 9, Authorization to Purchase Office Furniture for Gateway Center The Board authorized the Purchasing Director to effect furniture purchases as may be needed at the Gateway Center via State Contract vendor(s) and authorized the Purchasing Director to execute the needed paperwork. h. Advertising for Board and Commission Vacancies The Board authorized the Clerk to the Board's office to advertise (paid ads) in order to assist in the process of filling volunteer positions on Orange County's Advisory Boards and Commissions for the period of February— June 2008, in the amount of$2,500, to be budgeted from the BOCC Contingency Fund. i. Agreement with UNC Occupational Science Division for Preventive Home Visit Research Project The Board approved the agreements with the UNC Occupational Sciences Division for the Department on Aging's Eldercare Services Division participation in the Preventive Home Visit project and authorized the Chair to sign the agreements subject to the County Attorney's review and approval. L Agreement Renewal for Adopt a Child Care Dental Screening Project Coordinator The Board approved renewing the agreement for a Project Coordinator for the Adopt a Child Care Dental Screening Project subject to County Attorney review. k. New Fee for Septic Contractors Class The Board approved a new $50 fee for a septic contractors class and increased the Health Department budget to reflect the projected fees and expenses. Offering the class and charging a fee is contingent on approval of the class for continuing education units by the state licensing board. I. Contract for Public Survey for Local Revenue Options Referendum This item was removed and placed at the end of the consent agenda for separate consideration. m. Legal Advertisement for Quarterly Public Hearing — February 25, 2008 This item was removed and placed at the end of the consent agenda for separate consideration. n. Change in BOCC Meeting Schedule The Board amended its regular meeting calendar by adopting attached document: Transfer Station Siting Process: Proposed Schedule for Additional Meetings. There will be additional meetings added as the siting process proceeds forward, and these proposed meetings would be brought forth to the Commissioners in a timely manner to be approved. All meetings will be televised. Public comment will be allowed (total time: 15 minutes, 3 minutes/person) at the end of these additional transfer station siting process meetings. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: I. Contract for Public Survey for Local Revenue Options Referendum The Board considered a contract with Hertzog Research, LLC for an amount of$9,985, to conduct a telephone survey of likely Orange County voters regarding their attitudes towards the possible implementation of an additional one-quarter cent sales tax or a .4% land transfer tax on real property transactions, and authorizing the Manager to execute the agreement. Commissioner Nelson said that this is for a poll of the residents of Orange County on the revenue options and he has questions. He wants to know why this is being done, what the strategy is, how the firm is chosen, what the criteria is, etc. Laura Blackmon said that this was brought up at a work session on January 16th, and the Chair asked staff to look at polling as an option for the referendum in May. Since the timeframe was small, staff contacted Rod Visser and he contacted Durham County on how the process was done there last fall. Orange County did not issue an RFP because it would have taken many more weeks for the process. Staff met with Dr. Mark Hertzog and he said that he could have the results to the Board by February 19th. She referred to the abstract and the types of questions that would be asked of citizens. The reason for the poll is to gauge public sentiment on this local revenue option issue and the Board of County Commissioners will be making a decision on February 19th as to which option it would prefer on the referendum. There was a survey done by Orange County in 1992 and the costs were similar. Rod Visser said that Dr. Hertzog came highly recommended by Durham County staff. He said that the NCACC has held two seminars related to the local revenue options issue, and Dr. Hertzog served on this panel, in which he presented the pros and cons of polling, etc. Dr. Hertzog's business is in Orange County. Dr. Mark Hertzog gave his credentials. He is the Principal of Hertzog Research, LLC. He is a marketing and opinion research contractor based in Carrboro. Commissioner Nelson asked about the benefit of doing polling at this stage in the process. He asked about Dr. Hertzog's credentials of doing political polling. Dr. Hertzog said that he has a PhD in Government from the University of Virginia with a specialization in American Public Opinion and Voting Behavior. He has 17 years of survey research experience, the first seven years of which were in academia specifically doing public opinion polling and analyzing public opinion polling. For the last ten years, five of which have been under his business, he has done a combination of market research and public opinion studies. With respect to the benefits of polling, he said that the main things to come out of it would be to inform the Board of County Commissioners about which measures look like they will have any degree of significant public support or opposition and the reasons for any opposition. A second benefit would be to gather information on what local news sources people use to gather information about local affairs specifically. The goal would be to get a target on what people are listening to, watching, or reading, and how to educate the public through these measures. Commissioner Nelson asked what questions would be asked and Dr. Hertzog said that they would ask open-ended questions such as, "What would be your reasons for voting no?" Chair Jacobs said that this was put on the agenda for action as early as possible, understanding that there was a tight timeline. Commissioner Carey asked about the threshold for the County Manager to make contract decisions and Laura Blackmon said $5,000. Commissioner Carey asked if the County was required to get bids for professional service contracts and Laura Blackmon said no. Commissioner Carey said that time is of the essence and there is not time to look around. He thinks that the results of this survey will be instructive to him and to the citizens' committee as well. He said that the County needs this revenue. Commissioner Nelson said that he does believe in polling, but it does need to be done right and there needs to be a strategy. He said that $10,000 is a lot of money to spend. He said that he does not need a poll to tell him what to support in this type of referendum, and he will vote against it. Commissioner Gordon said that she shares many of Commissioner Nelson's concerns and she understands what Commissioner Carey is saying. She said that it is a lot of money and time is short. Chair Jacobs said that good points were made and some push polls have already been started by the realtors. He said that he is torn between the two options and he wants as much information as he can have before making a decision. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the agreement with Hertzog Research in the amount of$9,985; authorize the Manager to execute the agreement; and direct staff to prepare a budget amendment that will appropriate funds from the Commissioners' contingency account to cover the cost of the agreement. VOTE: Ayes, 3; Nays, 2 (Commissioner Gordon and Commissioner Nelson) m. Legal Advertisement for Quarterly Public Hearing — February 25, 2008 1 PUBLIC COMMENT: James Carnahan said that he would like the Board not to schedule this item at this time. There are two very important initiatives taking place —the update of the comprehensive plan and the carbon emissions inventory. He thinks that both of these initiatives will result in very different approaches to the kind of economy that will be created in the County and the kind of land use that will take place. He said that the proposed Buckhorn development will have enormous carbon impacts. He said that the continuous news about the relationship between carbon emissions and climate change and the acceleration of some of the climate change effects suggest to him that they would be well served not to look at this item until these two initiatives are completed and until there is a goal established for reduction of emissions and the strategies to do that. Commissioner Gordon asked if people could speak at the public hearing on delaying this development and Chair Jacobs said yes. Commissioner Foushee said that she appreciates the concerns, but it would behoove the Board to be able to hear from all citizens on this matter. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 25, 2008. VOTE: Ayes, 4; Nay, 1 (Commissioner Nelson) 5. Public Hearings a. North Carolina Community Transportation Program (CTP) Administrative and Capital Grant Application FY 2008-2009 The Board conducted a public hearing on the North Carolina Community Transportation Program (CTP) grant application by Orange Public Transportation for FY 2008-2009 and considered approving the grant application, adopting a resolution authorizing the applicant to enter into an agreement with North Carolina Department of Transportation, authorizing the County Attorney to complete the necessary certifications and assurances, and authorizing the Chair to sign. Jerry Passmore introduced Transportation Manager Al Terry. He said that this is an annual application for funds for capital and for the administration of the overall operation. This is open for public comment. The funds requested for administrative total $184, 620 with a 15% match. The capital funds requested total $276,100, with a 10% match. This will entail the acquisition of three lift-equipped vehicles. The administrative funds will help offer over 110,000 trips each year in bus service. There was no public comment. A motion was made by Commissioner Carey, seconded by Chair Jacobs to close the public hearing and approve the grant application, adoption of a resolution authorizing the applicant to enter into an agreement with North Carolina Department of Transportation, authorizing the County Attorney to complete the necessary certifications and assurances, and authorizing the Chair to sign. VOTE: UNANIMOUS b. Orange County Consolidated Housing Plan Update The Board received comments from the public regarding the housing and non-housing needs to be included in the Annual Update of the 2005-2009 Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 2007-2008 HOME funds. Housing and Community Development Director Tara Fikes said that this is a plan that was developed in May 2005 and was approved this same year by the United States Department of Housing and Urban Development. The document details the housing needs of low-income and moderate-income families as well as special population groups, and also contains strategies and plans for addressing the needs. She outlined the three goals included in the 2005-2009 Consolidated Housing Plan. The first goal is providing decent and affordable housing for lower-income households. The second goal is to help with special needs populations. The third goal relates to the efforts to promote neighborhood and economic development, and particularly to promote revitalization in selected Chapel Hill neighborhoods and economic development in general throughout the County. The public hearing is also to receive comments regarding the proposed use of approximately $661,756 in HOME funds that the County expects to receive this year. Eligible projects include acquisition, new construction, housing rehabilitation, and rental assistance. PUBLIC COMMENT: Mary Jean Sada is a resident of Chapel Hill, a board member of the Orange Community Housing and Land Trust, and a staff member of CASA (a non-profit housing developer in Raleigh). CASA develops apartments for citizens with incomes from $0 to $15,000, specifically those who are homeless or have disabilities. CASA will also be requesting funds of about $232,000 to purchase a property in Chapel Hill with ten one-bedroom units to house citizens that might be coming from the shelter or who might have disabilities. She said that the Land Trust Board and staff just had its annual planning retreat and they focused on the growth of the Land Trust. There are 132 units that it manages and there have been 170 new units approved that will be coming online over the next two years. The discussion was focused on developing a plan to be able to have the infrastructure at the agency to be able to be ready for this kind of growth. Robert Dowling , Executive Director of Orange Community Housing and Land Trust, said that he is requesting $150,000 from HOME funds in Orange County. He said that the land trust deals with 132 homeowners, and he learned yesterday that one homeowner had lost his job, and was advised that the best thing that he could do would be to walk away from his house and let it go into foreclosure. For the land trust to resell this house, it would cost $55,000. There is no money allocated for this house. He might amend the request for $150,000 and add another $55,000 for the sale of this house. He said that the next request is for operational costs because of the growth of the organization. There is a need to increase staffing. Commissioner Carey made reference to a task force that was put together in October that has not met yet. He suggested getting this task force together to start addressing the cost increases. Tara Fikes said that an application form has been designed for agencies interested in applying for HOME funds and it is available on the County's website and the Town of Chapel Hill's website, and the deadline for applying is February 29th. Decisions will be made by the end of April or early May. c. 2008-2018 Capital Investment Plan (CIP) Public Hearing The Board conducted a second public hearing to receive citizen comments regarding the County Manager's Recommended 2008-2018 Capital Investment Plan (CIP) for County and school projects. Commissioner Gordon distributed her handouts concerning human services space needs. PUBLIC COMMENT: Robert Seymour thanked the Board for bringing to fulfillment the new senior center in southern Orange County. He said that the merger of the Northside Center and the Elliott Road Center has gone very smoothly. He said that one of the areas that gets the most attention is the wellness center for geriatric assessments, but this center is much too small. There are four exercise classes that are so large that they cannot meet in the wellness center and have to go down to the Great Hall. This competes with other uses of the Great Hall. He said that there is an urgent need for expansion of the wellness center. Mary Ann Peter is on the Advisory Board on Aging and the Nursing Home Advisory Committee. She asked the County Commissioners to commit to the vision of the expansion of the senior centers, which includes increasing the footprint at the Seymour Center. This would mean that the land between the Seymour Center and the Southern Human Services Center should not be used for another building, but for expanding the parking area for the two buildings. Also, the Adult Day Health Center could be built toward the parking lot. She said that the health center would mean a great deal to people who are aging and who have special health needs. Lisa Stuckey, member of the CHCCS Board of Education, brought three unfunded projects to the Board's attention: • Elementary School #11, which should open in 2010 • Middle School #5, which should open in 2013 • a high school addition, which should open in 2014 The number one item on the list is Elementary School #11, which is an unfunded project and is just around the corner. She said that the school board and the County Commissioners have worked very well together on the SAPFO. The other issue is recurring capital. A few years ago, when the 60/40 plan was put into place, a penny that was formerly allocated to the schools was shifted, and it was her understanding that the penny would be shifted back. She reminded the County Commissioners that shifting the penny back would be very much appreciated. Finally, she brought up landbanking for future school sites. She said that this has been recognized as a valuable tool that the school board would like to have. Chair Jacobs read the projected costs of the schools to the public. The projected costs are $30.9 million for Elementary School #11 and $50.7 million for Middle School #5. Steve Scroggs thanked the County Commissioners for allowing staff to work on the Long Range Facilities Committee. He thanked Chair Jacobs for bringing the landbanking issue to the table. He said that the staff would be sharing this information with the school board. He reiterated the need for the three projects as stated by Lisa Stuckey. Also, there is an aging Central Office, which would be an excellent site for an educational facility. There are also science labs that have been languishing for years. Also, Elementary#12 is within the ten-year window and it is projected to cost $44 million. Joe Robbins, Chair of the DSS Board, said that the Social Services Board encourages the Board of County Commissioners to make a move on the DSS space needs. He said that the Social Services Board did vote for a move unanimously. Mark Zimmerman said that he is a business owner and a landowner in Chapel Hill. He said that the next item on the agenda is about raising more revenues, and the way to do that is to raise the tax base. He said that he does not see anything in the CIP summaries that directly addresses bringing infrastructure into the Economic Development Districts. He encouraged the Board to put some funding into this plan, because it would return more revenue to the County through growing the tax base. Commissioner Gordon made reference to her handouts and the human service space needs. She thinks that this is an important project and the needs are significant, but this project will compete with other projects in the budget. She reviewed her handout, as shown below: ORANGE COUNTY CIP PUBLIC HEARING - FEBRUARY 5, 2008 CIP Project Related to Human Services Space Needs Comments Submitted by Commissioner Alice Gordon An important CIP project is not directly addressed in the November 5, 2007 CIP document. It is a $23-$24 million project to address human services (Social Services and Health Department) space needs, referenced on the second page of tonight's CIP agenda abstract, but without cost figures. Significance of this relatively expensive project 1. Human services space needs are significant and must be addressed. In the options given, some needs will be addressed up to the year 2020. 2. The project will compete with projects already in the budget, and there is not sufficient funding for it currently in the budget. 3. Social services are delivered now in both Hillsborough and Chapel Hill/Carbboro. The new delivery model will place most social services in one part of the county, and only a satellite (5000 sf) in the other part of the county. There are three options for this project, and I have questions and comments about two options now. Only a few details are available for the third option. Lease/purchase option of Hillsborough Commons/old Wal-Mart shopping center 1. Cost originally stated for this option is $23.1 million. However, upfit costs of$35.50 per square foot (sf) are much less than other upfit costs stated in the two options, and do not include additional features probable for permanent upfit. Purchase of the shopping center will likely make upfit costs increase over leasing alone. What are the likely costs going to be? What will be the quality of the facility? 2. Cost to purchase 10 acres of the shopping center is $15,489,000 before reimbursements and cost offsets. The value given for the 11.8 acre shopping center (PIN # 9864807829) by Orange County Land Records Data is $6,562,050. Why is the county paying more? 3. Purchase of the shopping center will leave the county-owned Whitted Building (59,0000 sf) vacant, with no alternative uses proposed. How is that justified? 4. This option will leave the Health Department with a deficit of 8,000 sf in comparison with its stated needs for 2020. 5. What are the transportation costs for this option? Right now 60% of the social services clients are being served in Chapel Hill/Carrboro, where they have access to fare free transit. New construction option at the Southern Human Services Center (SHSC) campus 1. Cost originally stated for this option is $24.5 million. However, the staff recently corrected the upfit costs for the SHSC to bring them down $1 million, making the cost $23.5 million. 2. If the Whitted Building renovations were confined to the amount actually requested by the Health Department, they would require 29,919 square feet, not 59,000 square feet. Renovating just 30,000 square feet would save $5.8 million, bringing the cost for this option to $17.7 million. Why renovate space before it is needed? 3. This option will leave the Health Department with a deficit of 3,000 sf at the SHSC campus, in comparison with its stated needs for 2020. General points 1. The county has had more than one plan to address human services needs during 2007. The commissioners voted in March 2007 to upfit a vacant county-owned building (10,400 sf) to meet overflow needs for social services, and has also considered leasing space for only five years until a long-term solution could be found. Are there other options not yet considered? 2. In comparing the two options, the lease/purchase option has been given a time frame of one year, and the new construction a time frame of five years, in part because it has been said that the Town of Chapel Hill process takes a long time. Recent information from the Town has indicated that permitting will take 9-12 months and final plans 6 months, making a total of 18 months. That could cut the new construction option to 3 years. 3. In comparing the two options, the revised cost for the lease/purchase option appears to be at least $23.1 million while the new construction option appears to be at least $17.7 million. Commissioner Nelson said, on behalf of Randee Haven—O'Donnell, that she was going to speak on the southwest library, and specifically $2.7 million for the Manager's Recommended CIP. The CIP was crafted before the numbers were finalized for the southwest library and the recommendation was for $3 million. He said that the CIP should be amended to reflect these new figures. Chair Jacobs said that there will be other public hearings on the budget as the year goes on. d. Public Hearing on Local Revenue Options Referendum The Board conducted a public hearing to solicit opinion from voters regarding which, or both, of two local revenue options should be placed on a May 2008 referendum for voter consideration. Chair Jacobs said that the Board has scheduled to make a decision on this on February 19th. He said that the state legislature has moved monies so that Orange County received less than expected, and because residents do not want tax increases, then the state legislature has given the counties options to choose to put before the residents —a %-cent sales tax increase or a 0.4-cent increase in the real estate transfer tax, or both. The Board of County Commissioners cannot advocate for one or the other option, but can only educate the public on both options. PUBLIC COMMENT: Mary Copeland could not speak. She tried to relinquish time to someone else, but the Chair did not allow this. Robert Gardinier said that he has been a resident of Orange County for 37 years and he is concerned about the limited revenue options. He asked the Board to place both revenue options on the ballot in May so that the taxpayers could give consideration to both options. He said that restricting County revenue to sales tax and residential property owners is not fair. Roy Loflin is a 40-year resident and he is opposed to any additional sales tax or property tax. He said that in the fall 16 counties had this referendum and it was turned down by a margin of more than three to one. He is on a fixed income and he has to adjust his spending based on current resources. He said that the Board of County Commissioners needs to base its spending on current revenues, like he does. He is opposed to any new taxes. He said that the budgeting may require the Board to make cuts or reductions. He said that a tax by any other name is still a tax. Mark Zimmerman said that he is speaking against any tax. He listed three misconceptions of the land transfer tax. First, it is not a tax on growth. He said that last week a County Commissioner characterized the transfer tax as, "a way to realize funds to pay for the infrastructure costs by residential growth." To the uninformed, this implies the tax is focused new construction. In fact, the tax will affect all transactions, whether new construction or resales and simple land transfers. New homes only accounted for 14% of all real estate transfers in Orange County last year, which was a declining percent. He said that they must be diligent that the discussion of this tax accurately describes the breadth and impact of the tax and does not unintentionally mislead the public. Second, he made reference to the Chamber annual meeting, where his friend described a private transfer tax that he is imposing on future residents of his new development. He said that this tax is different than the transfer tax that the County is considering. This tax is limited to only the high-end condominium owners and does not fall on commercial, office, and retail; and he specifically exempted all affordable housing residents. He said that this tax places a regressive burden on low-income homeowners because it is a sales tax on your home. He said that right now there are homeowners who would lose money on the sale of their home, but still would have to pay this tax. Third, if citizens are going to base their vote on the revenue projections from last year, he advised them not to do this. He said that these projections were based on data from previous years when the real estate market was on an unsustainable trajectory. Things are different now and Orange County's transactions fell for the first time in years in 2007. He said that no matter what happens as the correcting market recovers over the next few years, there will be no gain as was projected over a year ago. He said that this is the worst time to add more cost to selling a home. He said that this is not a tax on growth, but another tax on property. He asked the County Commissioners to not go forward with the real estate transfer tax. Ben Lloyd said that when the idea of a land transfer tax was born, it was stated that it is in six counties and it is working well. He said that all six of those counties are in retirement and vacation land. He said that two weeks ago he visited these six counties and consulted with the county managers and finance directors to see how this has worked. He said that if he had lived in any of these counties, he would probably have supported this land transfer tax because they had no commercial activity and industrial activity and they depend on this tax for their livelihood. He made reference to the projections that the sales tax would raise $3 million and the real estate transfer tax would raise $4 million. He said that in Chowan County, it was raising $750,000 in 2005 from the transfer tax. This has dropped to $473,000. This county has a 50- cent tax rate. He listed all of the other counties and gave examples of how the revenues have dropped. He said that in 2004, Orange County had 5,393 land transfers and in 2007 there were only 4,364. He proposed that the sales tax is more reliable and would produce more revenue. This would be a fairer tax because everybody pays. He does not believe that it would be regressive because food and medicine would be exempt. Robin Staudt said that she is an 11-year resident in Orange County. She said that the County has to consider ways to raise revenue to support the excellent schools and community life. She suggested considering viable economic development for these revenues, such as the proposed Buckhorn project. She would like these issues taken off the May primary ballot and pushed back to the November general election where there would be a substantially greater number of voters. She is against any tax as a revenue option, but if the Board of County Commissioners is going to do one, then she would choose the sales tax. Lucian Mascarella said that he is opposed to any increase in taxes. He said that his taxes have increased every year that he has been here. He said that Orange County has been in the top five counties for high taxes in the state. He said that there are people that are unemployed, and they do not need any more taxes. Joe Phelps said that Mr. Zimmerman and Mr. Lloyd had some valid points. He said that he thinks that everyone needs to pay a little bit of tax. He would prefer the sales tax as opposed to a land transfer tax. He said that the transfer tax would lead Orange County to be a county that could only be afforded by the wealthy. He is a realtor and he thinks that if the land transfer tax passes, then it will actually help the realtors who are actively in business. Regarding the poll, he thinks that the results will come back that most people want the land transfer tax because people are not planning to move. Robert Nichols said that he hopes that the County Commissioners will put the sales tax on the ballot. He said that he would work doubly hard to defeat the land transfer tax. Evelyn Perry said that she is against the land transfer tax and she does not think landowners should foot the bill for everybody to receive services. She thinks that it should be across the board. Chair Jacobs said that the Board of County Commissioners will have this item on the agenda on February 19th at the Southern Human Services Center. 6. Regular Agenda a. The Bluffs at Moorefields — Preliminary Plan The Board received Administration and Planning Board recommendations on and considered approval for the Preliminary Plan for The Bluffs at Moorefields Subdivision. Robert Davis said that this is located at the southern intersection of Moorefields Road and Dimmocks Mill Road. It is approximately 35 acres total, including the right-of-way. The subdivision is located in the Cheeks Township. The applicant is Steve Yuhasz, who is an agent for Christopher Road Realty, Inc. He showed a PowerPoint presentation of photos. The subdivision will be served by well and septic. This subdivision is located in a rural designated area in the Growth Management System, and there would be 17 lots. No public parkland dedication is recommended because there are no County recreation and/or open space sites as designated in the Comprehensive Plan on the property. The payment-in-lieu is recommended at $455/lot or $7,735. This subdivision has been in process since 2006 and has come back to the Planning Board for preliminary approval after a court decision. Commissioner Gordon asked for an explanation of the effect of the court case. Geof Gledhill said that, initially, the Zoning Officer had determined that the entirety was in a critical area designation. The Board of Adjustment agreed with the Zoning Officer that all or most of this property is located in the critical area. With properties in the critical area, there is an impervious surface requirement and a minimum density. The minimum density in the critical area is one unit per two acres. The Board of Adjustment's decision upholding the Zoning Officer's decision requires the development to have one unit per two acres of density and 6% impervious surface. The decision of the Board of Adjustment was appealed to superior court, and before that hearing, a consent order was entered with the Board of County Commissioners' approval. The gist of the consent order was that this property would be treated as though it were in a critical area for density purposes, but outside the critical area for impervious surface, so that the development could be developed with 12% impervious surface. PUBLIC COMMENT: John Swanson submitted an information sheet that he compiled, which outlined ongoing questions posed by Orange County citizens and Orange County officials regarding the proposed Bluffs at Moorefields development. The information sheet is incorporated by reference. He stated his six points: 1) The Bluffs has been opposed by numerous Orange County officials. He quoted Planning Board member Sandra Quinn from November 7, 2007, "I think it is out of character," and we do not need this type of dense development." He said that Brian Crawford also expressed this concern and asked why the lots were not bigger. Sandra Quinn also said at this meeting, and he quoted, "I think this should send a message to the Board of County Commissioners that we are not in agreement with this. I will continue to say it." He said that the Orange County Zoning Officer determined that the project ran afoul of watershed designations and impervious surface requirements in 2006. He pointed out that a similar single- family residential housing development was voted against previously several years ago. This development was rejected by Orange County on similar concerns of density and water issues. 2) Historic, ongoing problems concerning the suitability of the Bluffs development site (namely long-time density and water concerns). 3) The Bluffs is too dense and North Carolina local governments (county and city) have authority to regulate density by statutory authority and North Carolina case law. He said that The Bluffs is too dense and North Carolina local governments have authority to regulate density by statutory authority and North Carolina case law. 4) The Bluffs does not comport with the legislative intent of the Flood Damage Prevention Ordinance. 5) The Bluffs does not comport with the legislative intent of the Soil Erosion and Sedimentation Control Ordinance. 6) The Court Order concerning the Bluffs is for an absolute maximum of 17 lots (thereby a limitation on the property), it is therefore a ceiling on the development and not a floor. He asked the Board of County Commissioners not to approve The Bluffs development. Steve Yuhasz was representing Christopher Road Realty, Inc., the developer. He asked that the Board adopt the resolution of approval. Chair Jacobs said that there was some discussion after the fact among the Planning Board about street lighting and Steve Yuhasz said that there are no plans at this time by the developer for street lighting. Chair Jacobs asked about septic systems flowing toward streams. Steve Yuhasz said that the systems, if they operate properly, would run down into the ground and be absorbed into the ground relatively close to the septic system trenches. There should not be septic runoff near the creeks. Chair Jacobs asked Geof Gledhill if he reviews Homeowners Association plans and Geof Gledhill said that they would review declarations of covenants associated with this project as well as the transfer of land to the association. Chair Jacobs asked if the agreements require that homeowners pump their septic tanks. Geof Gledhill said that it is not a standard as of now. Chair Jacobs said that people need to be educated about the need to pump the systems. Geof Gledhill said that this could be included if the developer wants it and the developer indicated that he would like that. The Health Department recommendation is to pump septic systems every five years. Commissioner Gordon asked Geof Gledhill about his opinion of this development. Geof Gledhill said that Mr. Swanson's opposition is sound but it goes to legislative decisions with respect to lot size. The way to address the concerns would be for the County Commissioners to decrease the density in this community. He said that the proposal fits within the consent order and also has open space that exceeds the requirements. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve The Bluffs at Moorefields Preliminary Plan, in accordance with the attached Resolution of Approval. Chair Jacobs said that he lives at the other end of this road and they got a far inferior development that fit the County's ordinances. He said that this development is better and does exceed the requirement. He suggested that when the County Commissioners look at the Land Use Plan Update, that they will continue to look at rural character. VOTE: UNANIMOUS b. Next Steps on Farmers' Market The Board discussed next steps to be used in the administration and operation of a Farmers' Market at the Public Market House. Laura Blackmon said that this information was not completed in time to provide to the Board of County Commissioners, and thus it was late. She listed the attachments. She suggested that if the Board wants to open the Public Market House, then she could go ahead and contract with a Farmers' Market Manager, and then the issues of the by-laws, creation of the board, etc., could be discussed at the February 19th meeting. Commissioner Nelson made reference to receiving materials late and said that he has been complaining about receiving late materials for a year. He has reached a level of frustration and anger that this continues to happen. He said that this appears to be an old problem with the County. He said that he believes late issues have been addressed in the past few months, but this hinders him from doing his job. He said that staff expects the Board of Commissioners to come to meetings prepared. He does not want to have this conversation ever again, and he will vote against this tonight since he has not had time to read this. He is not directing this at the Manager. Commissioner Foushee asked about the process for contracting with a manager. Laura Blackmon said that staff has had some discussions with market managers in the area, and she is not interested in hiring anyone associated with the present farmers' markets. She said that this will be a position similar to what Jeff Thompson has as the project manager for construction projects. The ideal person would have experience, knowledge, and objectivity. She would look to interview several people. Laura Blackmon said that the staff has given the Board a model of by-laws. She wants to be sure and stay with best practices. The Extension Office has done quite a bit of research in best practices over the last few weeks. Her recommendation is for option #3. PUBLIC COMMENT: Cindy West said that her family has vended for several years at the Hillsborough Farmers' Market and they are serious about vending in Hillsborough. She said that they are the only vendors to have attended 100% last summer, which means that they came every week from March 31st through the end of November. She said that she has been advised to come here and state her case. According to the outcome of the mediation, applications were to be sent to all current members. She said that there was a deadline to receive notification, and she has not heard anything back from her application. She said that she does not have anywhere to sell her products unless she sells at the public market house. She asked the Board to give equal ground to those who have lost their spots. She said that, currently, the Hillsborough Farmers' Market uses a County parking lot, a County building, a County bathroom, and County electricity. She said that she is losing her product as time goes by. She wants to be able to sell her product without threat of being arrested or being removed from the premises. Beverly Blythe said that, in light of the Board of County Commissioners' meeting on Tuesday, January 15th, the Hillsborough Farmers' Market would like to bring the County Commissioners up to date on the plans for the 2008 market season and solidify their position regarding the operation of a farmers' market in the Public Market House. She said that they currently have received applications and annual fees from 53 vendors that comprise a ratio of 75% farm and 25% craft. The majority of the 2007 membership is returning along with an exciting group of newcomers looking forward to participating in the market. The 12 vendors who chose to separate from the Hillsborough Farmers' Market are welcome to apply for the 2008 season, and Cindy West will hear from them. She said that this was stated in mediation on December 12, 2007. She said that an application has already been received from one of the former members and there is a process established for review and approval of these applications, which will remove any bias the market team might have against these former vendors. Their position remains that the Hillsborough Farmers' Market should be given access to the Public Market House for the purpose of conducting a farmers' market on Saturday mornings and Wednesday afternoons. They ask that the Board of County Commissioners do not punish the majority of the group, the Hillsborough Farmers' Market membership, due to the actions of a few that chose to leave. She regrets that the dispute became a public display. The membership voted in June and gave the market team the confidence, with a strong majority vote, that they were pursuing the market model that most of the vendors desired. The Hillsborough Farmers' Market strived to keep the situation from escalating and never intended that anyone else get involved. The Hillsborough Farmers' Market will continue to offer farmers, bakers, and artisans in Orange County and surrounding areas an accessible, affordable, inclusive, and successful market venue run by volunteers with many collective years of experience. The customer base continues to grow and there is a proven, positive economic impact on the Hillsborough community. She has talked to one owner of a shop downtown, who says that she looks forward to the Hillsborough Farmers' Market because her business doubles on that Saturday. She said that they look forward to continuing this positive track record for many years to come, and they would be proud to move the location to the Public Market House. She said that this has been a very difficult time for the members of the market team. One member of the team has been hospitalized two times within the last week due to the stress of this situation. For the record, they have not been contacted by any County department, the Extension Service or the County Manager, for input or other information. She commended Andy Sachs for the superb job in mediation and she thanked him for being so honest. She asked the Board to vote for option #2 —to have the Hillsborough Farmers' Market continue. Jeff Peloquin said that he and his wife are new to the market, but in talking with members of both groups, it seems apparent that everyone wants a cohesive market and not two separate groups. He thinks that this is in the best interest of everyone involved. He said that, with the advent of having the new marketplace, certain rules and regulations will be put in place to make things transparent and then everything should fall into place. He does not think it is right to make the County the principal of this situation. He said that if it behooves the Board to create a new managing position, he would like to see it be temporary. Commissioner Carey said that he read the information from staff, and under the circumstances, he thinks that the Board should approve the Manager's recommendation. He said that the County did not get involved in the Public Market House with the intention of being responsible for it. If the County does option # 3, he would like to do it for only a temporary time period. He has concerns about the board structure recommended, because the way it is set up, it will take on a life of its own. He said that the Board would be de facto proceeding with option 3 if they ask the Manager to proceed. He said that the governing board's decisions could be reversed by the Board of County Commissioners, and he asked who would want to serve on something like that. He said that if the Board proceeds with this contractor position, then the County Commissioners need to be reviewing applications by February 19th in order to open on March 1St Chair Jacobs agreed with Commissioner Carey and suggested rewording option 3 to say, "The County operate a Farmers' Market at the Public Market Housing on an interim basis....", and that the rest of this be brought back. He cannot consider option 1 or 2 because both groups have poisoned the well. He wants to send invitations to every person who has been a vendor at a market in Orange County to apply to sell their products at the market house that the taxpayers have helped to fund. He said that he said to one person in the market that everyone could apply and then they would essentially be the farmers' market, and the person said, "we don't want to be there with those other people." He said that is the problem, and the solution is that, and he read from option #3, "no other farmers' market would operate at the Public Market House or on any other County owned property." He thinks that it should be an open, welcome, and inclusive place and it should be done as quickly as possible and the County Commissioners should stay as far out of it as possible. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve option three, with the wording he added, "on an interim basis", and that the rest come back for further discussion on February 19th VOTE: Ayes, 3; Nay, 1 (Commissioner Nelson); and 1 no-vote, which makes the vote 4-1. Chair Jacobs asked staff to prepare a letter to past vendors to invite them to apply at the market, and he urged the Board of County Commissioners to look at the abstract as a place to start. Laura Blackmon asked the County Commissioners to email her about the structure of this governing board and the rules on page 13. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to direct Laura Blackmon to hire a manager for the market. VOTE: Ayes, 4; Nay, 1 (Commissioner Nelson) c. Hillsborough Area-Orange County Strategic Growth Plan, Phase II: Interlocal Agreement Committee (IAC) Establishment The Board was to consider establishment of Orange County component of an Interlocal Agreement Committee to assist staff and Clarion Associates on Phase II of the Hillsborough Area-Orange County Strategic Growth Plan and asking the Clerk to advertise and/or notify advisory boards for possible appointments. DEFERRED d. Resolutions Providing Comments Regarding Draft 2009-2015 State Transportation Improvement Program (STIP) The Board was to consider resolutions providing comments regarding the Draft 2009- 2015 State Transportation Improvement Program (STIP) —one to the North Carolina Department of transportation (NCDOT) and one to the Transportation Advisory Committee (TAC) of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organizations (DCHC MPO). Commissioner Gordon said that the TAC would be making decisions at the next TAC meeting and Orange County needs to put forth comments. DEFERRED 7. Reports a. Status Report on Efland Sewer Expansion DEFERRED 8. Board Comments 9. County Manager's Report Laura Blackmon said that a Financial Services Director was hired, but she will send out an email with details. 10. Appointments-NONE 11. Information Items • Memorandum from Solid Waste Director Regarding Landfill Bans and Recycling —Tools to Extend Landfill Life and Reduce Waste Commissioner Nelson said that he would like this on an upcoming agenda. 12. Closed Session-NONE 13. Adjournment A motion was made by Commissioner Carey, seconded by Commissioner Foushee to adjourn the meeting to February 11th at 7:30 p.m. at the Southern Human Services Center, with a decision item at the beginning, which includes comments on the TIP. VOTE: UNANIMOUS V Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board Orange County water supply reservoir water levels Available information as of 3:00 PM, Thursday, January 31, 2008 Lake Orange • Water level has risen to a level 76.0" below spilling. As of January 8th, the Eno Capacity Use restrictions were revised upward to Stage IV withdrawals and instream flow releases • Water storage capacity remains at 46.6% (221 million gallons) • Approximately 81 days of water supply remaining (at Capacity Use specified release rate) • The Hillsborough gage indicates that recent Eno River flows have hovered at approximately 3.0 cfs (approximately 1.9 mgd). This flow is but a small fraction (6%) of the median flow levels for this time of year. • Orange Alamance continues to operate its water plant with average withdrawals of 300,000 gallons per day, each Monday, Tuesday and Wednesday. West Fork Reservoir (as of 01/25/2008) • Water level is 89" below spilling • Water storage capacity remaining is 53.4% • Approximately 184 days of water supply remaining (assuming Town's current release rate (2.0 cfs, 1.3 mgd). • Since 9/11/07, the Town has been releasing a level of flow into the river in excess of its minimum instream flow release. • As of 10/22/07, the Town's water customers are in Stage I —voluntary water restrictions. OWASA Reservoirs (as of shown for 01/10/2008) • Water level at Cane Creek Reservoir is 190" below full • Water level at University Lake is 74.5" below full • Total remaining water storage capacity is approximately 39.4 % • Approximately 192 days of water supply remaining (at current 30-day average daily demand [7.3 million gallons per day]) • On October 18, 2007 OWASA and the local governments having civil jurisdiction over OWASA customers implemented OWASA's Stage II Water Shortage restrictions. National Weather Service/NOAA Regional Precipitation data (as of 1/9/2008) (inches above [+1 or below[-1 normal) RDU Piedmont-Triad -2.63" since January 1, 2008 -2.48" since January 1, 2008 Miscellaneous notes 1. Please note that the rainfall deficits noted above show only deficits from January 2008, and do not reflect deficits that remained at the end of 2006 and 2007 2. The NC Drought Management Advisory Council drought map, updated January 29, 2008, indicates that the entirety of Orange County lies within the area characterized as experiencing "exceptional drought" (the most severe drought classification used).