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HomeMy WebLinkAboutMinutes 10-16-2012 APPROVED 1/24/2013 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING October 16, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 16, 2012 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Gwen Harvey, Clarence Grier, and Michael Talbert and Clerk to the Board Donna Baker (All other staff inembers will be identified appropriately below) 1. Additions or Chanqes to the Aqenda Chair Pelissier went through the items at the County Commissioners' places. - Pink sheet-Additional Information for item 7c- Pretrial Services for Chatham and Orange Counties, Inc. Request for Additional Funding for FY2012-13 - White sheet- PowerPoint for Item 7-d - North Carolina State Clearinghouse Request for Intergovernmental Review of Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway Orange County Library Director Lucinda Munger announced to the public that the Orange County Library is conducting a community needs assessment for their strategic plan. The Orange County Public Library (OCPL) is holding public forums, offering an online survey, and mailing out survey postcards during the month of October. These activities are the first steps toward developing a strategic plan for the library's future, and the library is actively seeking input from County residents. It is called "Deep Roots- New Growth: Creating a Customer Focused Library". The planning process will assess the community's needs on library services and form the basis of a three-year plan for Orange County libraries. All County residents are encouraged to respond to the online survey either from home or at the library. Participation is voluntary and all responses are confidential. The survey will be posted on the library's Web site at www.oranqecountync.qov/library. The next forum is taking place on Thursday, October 18 at the Century Center in Carrboro and the Maple View Education Center on Dairyland Road. Community forums are open to all ages and everyone is encouraged to attend to share their thoughts and visions for libraries in Orange County. Complete information is on the library's website and all Orange County Library locations. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Aqenda Don O'Leary said that he started an observation that took place on September 18th at the last meeting. He said that the way in which the County Commissioners conduct meetings is appalling. He said that the County Commissioners waste time constantly repeating themselves. He said that many people wanted to speak about their property and not enough time was given for them to speak but plenty of time was given to the presentation. He spoke about the County's involvement in ICLEI and stated that it was evil. Ann Charles read a prepared statement: "I'm Ann Charles. I own the property adjacent to Cane Creek Reservoir and OWASA property at the top of Mt. Mitchell Road. Cane Creek community is disappointed with our neighbor, OWASA, who failed to notify us of flagging their property lines in the interest of working with MST staff in placing trails. We had NO I D EA. I personally knew the creator of the Mountains to Sea Trail (MTST), Dr. Allen DeHart. An amazing naturalist, Allen DeHart surely wanted this state to be seen for all its beauty. However, it would not be his intention for any part of the MTST to be inflicted on anyone nor on their community. Having been raised in the Quaker tradition, I try to see things from a broad perspective. I can fairly state: I have two minds about this issue: 1) First, I would like to see the MTST totally eliminated from every passing through the Cane Creek Watershed and its surrounding rural neighborhoods. Why, because we purchased our property in this location for the quiet and remoteness it affords. We pay our property taxes and feel no obligation to provide those who do not live here with the very thing which hastened us to choose this location and lifestyle. But then my other mind says.... 2) I believe in a win-win solution being found for the MTST as I too think the trail is `good' in the proper location. I suggest the County work with Bingham Township to create a rural park to allow for an outdoor/rural experience versus putting trails through a PRIVATE COMMUNITY with its own covenants for care. My deepest concern is for safety and privacy. There'll be increased threats and increased insurance fees from fire with no `real' way to manage fire out on the trail when hikers decide to start a little fire for fun/ambiance or goodness knows maybe smoking a cigarette. There'll be increased threats from break-ins to homes and vehicles because of its easy access from the trail. Cane Creek, Thunder Mountain homeowners won't know who has just wandered off the trail or who's scoping their place out to hit now or later. Homeowners' schedules can be determined more easily. Having the trail near homes presents a problem or folks' privacy due to `peeping' into homes through uncovered windows because we have no reason to block them. Goodness knows, I wouldn't let my grandson play in the yard unsupervised with a trail there. Problems arise for hikers when injury, robbery, personal assault and/or rape occur on the trail...who's responsible? This is a secluded area that takes time for police, fire, or rescue officials to reach much less do something about it when they respond to a call. How can they police a trail? How can they get fire trucks in a 3-foot path or injured out? This area needs protection from folks just drifting in and out on foot. Since August 1, 2012, I've found six articles alone regarding trail safety in Durham, NC. I have copies for the Board, but will quote just a couple here from the News and Observer. 8/4/2012 — Man attached on American Tobacco Trail: a female jogger reported that a man jumped from behind a bush and grabbed her. Man was charged with misdemeanor sexual battery. "Police have suggested that people visit the trail in groups, stay in well-lit areas, and avoid strangers, among other precautions." 8/19/2012 — Residents to Rally for Trail Safety in Durham: 1) "Since January 2011, the Durham Police Department has recorded 23 incidents on the trail, including robberies, assaults, and indecent exposures." 2) "Residents in the neighborhoods the trail passes are asking the city to help secure the path." 3) "Sadly, I no longer use the ATT," Chris McLaughlin wrote, "Last December was one of four people mugged over two weeks, all in the middle of bright, sunny days." 4) "Police records show four attacks —two robberies and two simple assaults — occurred over 12 days in May." 5) "A similar pattern —five attacks in eight days —took place in December." 8/23/2012 —Another Assault on Tobacco Trail: 1) "Police announce sixth crime reported on the trail since May 14." 2) "Residents in the neighborhoods the trail passes are asking the city to help secure the path." 3) "Some neighbors believe recent break-ins of some neighborhood homes that border the ATT may have been result of easy criminal access from the ATT, Cotton wrote." 4) "When it's starting to get dark, it's not a time to be on any trail in the United States," per Police Chief Jose L. Lopez. 8/30/2012 — Chapel Hill Area Crime Report from Sergeant Butch Clark (included in articles presented) So you see, I choose to urge you to postpone any further planning for the MTST — Bingham section (including all exploratory trail routing) until all options are explored with the input from the community residents targeted. I want to thank each Commissioner for devoting thoughtful time to this item. The Cane Creek community see themselves as caretakers of not only the watershed but each other. It's a small piece of the planet, but what happens here is the model for others to follow." Chris Silva was representing Jeff Stephens and read a prepared statement: "Dear Commissioners, In 2001 I purchased 10 acres of land bordering a portion of Cane Creek and in in 2003 built my house and have lived here ever since. This will be the last place I ever plan to live. I was attracted to this land for several reasons: Its beauty, the privacy it afforded, and the existing environmental easement which was already in place at the time of purchase. Because of this easement which protects my land in perpetuity, I cannot develop, clear, or despoil in any way almost half of my 10 acres and I would not have it any other way. When I walk on this protected area of my land I do so with much respect. I tread very lightly and use the utmost care not to harm either flora or fauna--not breaking branches or trampling on the forest understory of plants; not harming or harassing spiders, snakes, or other living creatures; not compromising the banks of the creek by careless walking or other activity. Could I trust total strangers to take the same care? Would they value my land the same way I do? We all know the answer to this is "No". I do not want to see even one plastic bottle, even one stray piece of paper, or one of anything else discarded or even inadvertently dropped into this pristine environment. That would inevitably happen if other people, even well intentioned ones, were granted free access to my land and that is unacceptable to me. I am highly opposed to having my property become a part of this trail system and will fight hard against that happening. Please do not put me and many others in the position of having to do so. Find another path." Respectfully, Jeff Stephens 4515 Mystic Lane Hillsborough NC 27278 uiams mindsprinq.com Geoff Hegedes said that the Mountains to Sea Trail should not be placed where it is currently proposed. He has a lot of experience hiking all over the U. S. in very remote places. He said that trails that have easy access points to the public tend to attract an undesirable crowd. One example is the Tobacco Trail, which has had 30 incidences this year, which were near access points. He said that the Mountains to Sea Trail does have easy access points and this is worrisome. Secondly, he is concerned about the fire hazard because of no fire roads being built into the area. Jim O'Connor read a prepared statement: "I'm puzzled. Aren't you the same people, along with the OWASA members and various citizens, who worked as a team to do an excellent job of protecting Cane Creek Reservoir for its original purpose till now? And here we are now talking about uncontrolled access, uncontrolled hours for who knows who traipsing at will for 365 days a year for who knows what besides simply hiking. This land wasn't set aside as multi-purpose land. What happened to our regard for the initial purpose of the reservoir and adjacent property owners? Why spoil this now? - Till now, all access has been limited to one Gated Controlled Entry - Sections most likely to be breached have 8 ft chain link fence - Teer Road has been gated to stop the proliferation of accumulated trash and uncontrolled parties. - "No Trespassing" signs virtually surround the entire perimeter - Furthermore, hunters and a rowers' club who wanted access 365 days a year were denied their requests. So why would we now even consider opening a "door" for all to follow? Are we thinking that those who have been denied other such freedoms of access will not be feeling unfairly treated? If we go ahead with this MTS trail through Cane Creek, shouldn't we expect others already denied to vigorously renew their efforts? Shouldn't we expect yet others to insist on who-can-tell what encroachments and cry foul if they don't get them? Moreover, the MTS already has an existing trail elsewhere that has been already satisfactorily traversed from one end to the other. In any case, is MTS now to be given liberties others were denied? Please, let's deny them, one and all! If you are unwilling to do so, can we at a minimum count on: 1. Strict Controlled Access — as with Eno State Park's five controlled access points 2. Daylight hours only 3. NO camping and no fires whatsoever 4. Regular surveillance and strict enforcement Are we absolutely committed to these and other constraints? Why? Four reasons: 1. We're protecting a primo drinking water source reservoir. 2. It has 19 miles of shore line surrounded by mostly forested roadless land which has been drought stricken more than once lately, and there are no fire roads! 3. We're talking about many long range hikers not necessarily adverse to overnight camping or smoking en route, (and not just cigarettes). 4. With uncontrolled access, just far enough out of sight and sound, we can expect those with intentions other than a great hike from the mountains to the sea to find their way to ideal nooks, crannies, and coves — and once there to have some uncontrolled parties. And we're talking about a contiguous habitat for rare and skittish species found few other places in the Piedmont, if any. The exceptionally rare eagles, bobcats, snowy egrets, coyotes and such will have to head elsewhere, some no doubt ending up as roadkill. And we're talking about what our children will think of our not being mindful that the Creator surely wanted us to care for every living thing and part of the creation, that is, for every kind of being to have a place to live and procreate under the sun! In conclusion, let's say YES to a MTS trail as originally planned — or elsewhere; but, let's decidedly say NO to an invasion of the reservoir. In other words, I'm for us not letting this MTS trail through OWASA's Cane Creek Reservoir. Speaking in defense of rare and disappearing wildlife and their precious habitat, the: Jewel of the Piedmont." John Silva read a prepared statement: STATEMENT TO BOARD OF ORANGE COUNTY COMMISSIONERS OCTOBER 16, 2012 Good evening, my name is John Silva, a resident of Cane Creek in Bingham Township. I would like to thank the Orange County Board of County Commissioners (OC BOCC) for the opportunity to address ongoing concerns regarding the proposed segment of the Mountain to Sea Trail (MST) in the Cane Creek (CC) watershed and the surrounding CC community. I would like to have the written statement I am about to read recorded in tonight's minutes. Cane Creek residents have communicated with the OC BOCC, OWASA, Orange County Land Management, OC Administrators, the NC State Trails Manager, and representatives of the Friends of the Mountain to Sea Trail regarding the fatal flaws in the CC segment of the MST. It is important to reinforce that the CC segment of the MST runs within yards of rural residences, presents unacceptable and unnecessary risks to Cane Creek residents, compromises the security of the Cane Creek Reservoir, and threatens to compromise the water quality of a main water supply for Chapel Hill and Carrboro. The Orange Grove Fire Chief has provided a written memo of concern to OWASA, Orange County, and FMST. He has publically stated that bulldozers would be needed to fight a fire in the CC segment of the proposed trail. What would that do to the water quality of the Cane Creek Reservoir? The Orange County Sheriff has publically stated that special vehicles would be needed to access the trail in an emergency. There will be slow response time to any incident on this remote section of trail with no access points. The CC segment is an unnecessary embellishment of the MST project given that the MST already spans the entire state as noted in public statements by FMST and as noted in Raleigh-Durham TV news coverage this spring (2012) of a woman who ran the entire MST. OWASA has protected the CC watershed since the planning stages of the reservoir. It is concerning that OWASA would consider opening up the Cane Creek reservoir for unrestricted access. Once maps of this trail segment are publicized in the social media unrestricted access will come from vehicles using our rural roads which are only a couple of minutes off the proposed trail. OWASA can save the county taxpayers money and the county commissioner's valuable time by withdrawing the use a small remote segment of their land for the MST. The convenience of a public trail only yards from one's home has to be weighed against greater community concerns related to security, loss of privacy, increased traffic on private rural roads, the concern with fire and the breach of water quality in the reservoir. Delaying the identification of an alternate trial route that will replace the proposed CC segment will simply prolong this matter, wasting more taxpayer money and county government resources. CC residents have been told several times by Rich Shaw of OCLM that he was pursuing the "path of least resistance" in establishing the MST. To many CC residents this statement now lacks credibility given that CC residents have opposed the CC segment for well over a year. We respectfully ask that the OC BOCC request that Rich Shaw and OCLM to use the fall season to explore viable alternatives for a recreational trail that does not pass through the OWASA/Cane Creek communities as presently proposed in the MST plan. We are united in our resolve to remove the proposed MST trail from the Cane Creek community and have the resources and community support to pursue other actions if necessary. Thank you. John M. Silva jmscros67(c�qmail.com Chris Weaver read a prepared statement: "I have no issue with trails especially when they already exist. But these additional trails force many questions that need to definitively answered rather than be allowed to proceed by the "appearance" of cohesion by a portion of the community. The Open House Information format for the MTST was not a proper Hearing which the county deserves. The Questions that were written down and submitted by the public were lost and I have not heard if they were recovered, and I have not heard any follow up on the proposed "survey" from Mr. Shaw in my email correspondence with him. We have two possibilities on the MTS Trail. It is either a benign Public Access idea that the Non Jurisdictional, Non-Profit, Promotional MTS group wishes to expand into people's back yards with the blessing of the State and our local planners. Or it is a mechanism to aid the County to achieve benchmarks and goals to control property and water set forth in 2000 Final Shaping Orange Plan and the precursor 1999 Measuring Sustainability Index. Either way the trail presents some clear problems. 1. The use is unregulated as far as operating times. 2. The liability issues are huge and as yet there is no offer for indemnity to the landowners by the State or MTST 3. Emergency services have great concerns about limited access to narrow trails for rescue and fire response. 4. Citizens along the route are concerned with their privacy and property 5. What will happen to hikes during hunting season? 6. At what point will Eminent Domain be considered? I would much rather see the energy and effort being applied to this new future alternate routes but put into the existing trail as it stands now and I would support a motion to eliminate the entire southern proposed route along the Cane Creek water shed." Kathy Andrews read a prepared statement: "Fellow Citizens and Commissioners, "We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness —" The Pursuit of Happiness —the word, happiness, in the 1700's came from the word `happenstance' which simply meant the traits or abilities, or `gifts', if you will, each of us are born with. So the Pursuit of Happiness translates more accurately to the use of your talents to make your way in life. Knowing this, all people have talents to offer that make our country the unique and prosperous identity it is. We are not oppressed by dictators or rulers, czars or shahs, who force their will upon us. We stand to occasions and find answers. Unfortunately, we have public servants here in Orange County that see this view differently. Seemingly, everyone has heard of UN Agenda 21, Sustainable Development. It is presented to us as a good and wholesome idea for our future. In fact, that is quite the opposite. Agenda 21 seeks to remove the right to own property as well as to control every aspect of our lives. It is happening under our own watchful eyes by calling it something else. Something beautiful. Conjuring idyllic dreams. A mask, if you will. Right here, in Orange County and many other North Carolina cities the program is well underway. The Mountains to Sea Trail is the portion of Agenda 21 to control the water. When water and food production are controlled, we become slaves to the controller. Are you aware that when the county takes control of the water on private property you are banned from using it? It is most often fenced off from you and all that might want to purchase it in the future. Are you aware brokers have approached private citizens to purchase their streams in Northern Orange County? Why that area for the trail? Are you aware farmers have been presented options to purchase the right to the water on their land, which then allows the county to control all uses of the land? The first step in this water control is happening right before us in the name of `Sustainable Development'. The reality is loss of personal property. Property owners are forced to care for that land, as dictated by the commissioners, with fines being imposed for non-compliance. Imagine, fining you for not doing work on the land they now control. These fines typically end in default and acquisition of the rest of the property as the owner sells a portion because of monetary need. Within a matter of years the county will own the land. Property rights are gone. The Mountain to Sea Trail is a green mask, the `wolf in sheep's clothing'. The wolf does not remove the costume until he captures the sheep. Though I am not directly affected by a waterway on my property, I am affected, as is every citizen of Orange County by the water restrictions to be imposed in the future and the goals this project sets for our future way of life. Please wake up. Kathleen Andrews, resident of Orange County" Mary Carter is a resident of Hillsborough. She said that the citizens are dealing with a lack of transparency. She said that this is charging forward regardless of the cost or inconvenience to the citizens. She said that there are many unanswered concerns about the trail, and she listed them: - What exists for private landowners who have trail users enter on private property? - Are the entities allowed a rebate on property taxes by the County for the land granted for easement, or does the County still wish to secure revenue for the grantor? - What proposals are in place to assure security on the trail? She said that it seems that the County Commissioners seem to promote what they like over the rule of the people in general. She said that there are more concerns, but the County Commissioners need to figure out a way to collaboratively share the information with the population. Bill Charles read a prepared statement: "My name is Bill Charles and I wish to speak on the behalf of a group that has not yet been here, all the Orange County property owners and citizens that may be directly affected by the proposed Mountain to Sea Trail (MST). The MST organization has proposed the trail to be somewhere in a mile wide swath or corridor passing from the Haw River, North along Cane Creek, through the OWASA lands, then North-East to the Eno River. (Primarily in Bingham Township). The possibly affected parties are not just the property owners inside the corridor, but also citizens with property boundaries contiguous to its East and West borders. The final route may not be centered in the corridor, but may pass close to its fringes and affect these outside properties. The total affected parties may well number in the hundreds. We have heard many questions and seen much opposition to the MST from the citizens opposed to the OWASA trail routing. What part of this opposition was caused by lack of communication by OWASA, and the citizens who only became aware of the trail plans by flags being placed along their properties? This lack of involvement has fueled some rancor. I ask that the same lack of communication not be applied to the much greater sections of the trail proposed North and South of the reservoir. All of these Orange County property owners deserve to be informed about the MST planning in their areas. We believe that the board can take a leadership role and inform and involve citizens as partners in the decisions that will possibly affect them. So, in the interest of transparency and public interest, we, once again, ask that the Mountains to Sea Trail be placed on an upcoming regular agenda for public discussion. Given the problems with prior meetings, we ask that the topic be placed first on the agenda. We hope to cover the following topics: - First— how to create a process to directly and formally notify all property holders who could potentially host the trail. These are property holders in the one mile swath and the contiguous properties. These property holders must be informed on issues such as: parking, trail development and maintenance, liability risks to property owners, safety, security and fire response. Also, what are the standard terms of permanent easements that might be placed on their property. - Second, where might the access points be located and how will they be secured and managed? Every known park or trail access point in Orange County is a secured public location that is actively managed. Bingham has no managed access points. Even the few homes in the Thunder Mountain community that support the trail have insisted that there be no access points in their community. - Third, what are the rules and expectations between the County and OWASA, given OWASA's recent comments that the Bingham routes be set before a trail is routed on land near the reservoir. We believe that once your board is updated, you will agree that work in Bingham and OWASA is premature and should be discontinued until the county has engaged impacted property holders. The trail should be invited into our neighborhood, not mandated upon our neighborhood because it fits the larger goal of an organization that does not even reside in Orange County. This issue is important to us — and without a real dialog, attitudes will degrade and community leaders will begin to solidify opposition to what should otherwise be a positive project. Please start a meaningful public discussion on the Mountains to Sea trail, and place the topic at the start of your agenda. Thank you." Chair Pelissier said that this item was put on an earlier agenda as a report even though there was a petition to put it on an agenda. The response has been that it is a report item and that it will not come up until the staff has come up with more definitive information. She said that this is not a project of the County per se, but it is a project of the Mountains to Sea Trail. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members Commissioner McKee said that he would like a status report on the request to have more meetings on the MTST and Chair Pelissier said that Kate Dixon at the state MTST would be organizing a meeting in the near future. Commissioner Gordon petitioned the board to send a letter to Chancellor Thorp to thank him and the University of North Carolina for adding 107.6 acres of environmentally sensitive land to the Mason Farm Biological Reserve. This is a part of the Parker Property, a 126.5 acre tract conveyed to UNC at Chapel Hill by William and Athena Parker in 1976. She made reference to her handout. She said that the Parker family gave this land to the University with the hope that it would be preserved. The 107.6 acres will be administered and managed by the N.C. Botanical Garden as part of the Mason Farm Biological Reserve. The remaining 18.9 acres of the Parker property will be left undeveloped for the next 25 years. Commissioner Jacobs petitioned the Board to do more formal recognitions of community residents such as Chapel Hill Creamery that just won an award for its cheese, the anonymous Boy Scout that raised money for Department of Environment, Agriculture, Parks and Recreation (DEAPR), etc. He said that the County should honor these residents that are achieving in their realms. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution of Recoqnition for Volunteer Fire Departments in Oranqe County for Reducinq Homeowners' Fire Insurance Costs The Board considered adopting a resolution to recognize the Volunteer Fire Departments in Orange County for their diligent efforts in reducing homeowners' fire insurance costs. Commissioner McKee read the resolution: Res. 2012-88 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF RECOGNITION FOR VOLUNTEER FIRE DEPARTMENTS IN ORANGE COUNTY FOR REDUCING HOMEOWNERS' FIRE INSURANCE COSTS WHEREAS, fire insurance for homeowners and businesses is impacted by the capabilities of the local fire department covering the structures, including the distance from the fire station; and WHEREAS, in recent years, insurance companies have used new mapping technology to determine a more exact distance from a fire station to an insured structure causing a rise in premiums for some homeowners; and WHEREAS, insurance premiums for both residential and commercial structures can be impacted by multiple variables, including the ISO (Insurance Services Office) rating of the primary fire department covering a home or business; and WHEREAS, many fire departments in Orange County have aggressively worked to reduce fire insurance costs for home and property owners by improving ISO ratings and/or building new stations to cover structures that were previously beyond six (6) miles from a station; and WHEREAS, the ISO inspection, conducted by officials with the North Carolina Department of Insurance, Office of State Fire Marshal, looks for proper documentation and/or demonstration for staffing levels, sufficient firefighting equipment, proper maintenance of equipment, 9-1-1 communications capabilities and availability of water sources; and WHEREAS, fire departments, through mutual aid agreements, assist each other, including working together to demonstrate water haul capabilities during ISO evaluation; and WHEREAS, Orange County is covered by 12 fire departments — Efland, Eno, New Hope, Orange Grove, Cedar Grove, Caldwell, and White Cross fire departments cover rural districts; Orange Rural (Hillsborough), Chapel Hill and Carrboro fire departments cover municipal and rural areas; and Mebane and North Chatham fire departments are located outside of Orange County, but cover areas within Orange County; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby acknowledge the support Orange County fire departments have displayed in reducing insurance expenses for property owners in Orange County. This the 16th day of October 2012. Bernadette Pelissier, Chair Orange County Board of Commissioners Caldwell Fire Chief Brad Allison accepted the resolution on behalf of the Fire Chiefs Council and all of the volunteer fire departments in Orange County. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the resolution to recognize the Volunteer Fire Departments in Orange County for their diligent efforts in reducing homeowners' fire insurance costs. VOTE: UNANIMOUS 5. Consent Aqenda • Removal of Any Items from Consent Agenda 5-f— FY 2012-2013 Purchase of Vehicles through Vehicle Replacement Internal Service Fund 5-g — Legal Advertisement for Quarterly Public Hearing — November 19, 2012 • Approval of Remaining Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda f. FY 2012-2013 Purchase of Vehicles throuqh Vehicle Replacement Internal Service Fund The Board considered approving the final list of County vehicles to be purchased through the Vehicle Replacement Internal Service Fund established with the FY2012-13 Budget and authorize staff to purchase. Commissioner McKee said that in almost all of the categories they have funds to re- purpose vehicles but in two departments — Department of Environment, Agriculture, Parks and Recreation and Social Services - are getting replacement vehicles. He asked if the vehicles were being replaced specific to the requests or if they were just replacing vehicles. His concern is that Parks would need specific types of vehicles, etc. He would like to buy the specific vehicle to match the department. Jeff Thompson said that staff ineets with departments to talk about the needs. A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to approve the final list of County vehicles to be purchased through the Vehicle Replacement Internal Service Fund established with the FY2012-13 Budget and authorize staff to purchase. VOTE: UNANIMOUS g_ Leqal Advertisement for Quarterly Public Hearinq — November 19, 2012 The Board considered the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 19, 2012. Commissioner Gordon made reference to page 5, #4 and said that she sent a question to the Planning Department and there was a revised notice #4 (lavender sheet), which is shown below: 4. Educational Facilities Impact Fee Ordinance Amendments: Amendments to Chapter 30, Article 2 of the Orange County Code of Ordinances have been proposed by Orange County. This section of the code is commonly referred to as the "Educational Facilities Impact Fee Ordinance." Section 30-34 Public school impact fee exceptions is proposed to be amended in order to exempt from the required impact fee the relocation of an existing stick built, modular, or mobile home used for residential purposes onto a previously undeveloped parcel in certain circumstances. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve the revised legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 19, 2012. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from August 17, 30 and September 11, 2012 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Release/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to 24 requests for motor vehicle property tax releases or refunds in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to thirty-six (36) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. d. Fiscal Year 2012-13 Budqet Amendment#3 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2012-13 for Library Services; Department of Environment, Agriculture, Parks and Recreation; County Capital Project Ordinances; Department on Aging; Board of Elections; School Capital Project Ordinance; Health Department; and Efland Volunteer Fire Company, Inc. e. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro City Schools (CHCCS) and Continqent Approval of Budqet Amendment #3-A Related to CHCCS Capital Proiect Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release funds from the NC Education Lottery account related to FY 2012-13 debt service payments for Chapel Hill — Carrboro City Schools, and to approve Budget Amendment#3-A (amended School Capital Project Ordinances), contingent on the State's approval of the Application and authorize the Chair to sign. f. FY 2012-2013 Purchase of Vehicles throuqh Vehicle Replacement Internal Service Fund This item was removed and placed at the end of the consent agenda for separate consideration. g_ Leqal Advertisement for Quarterly Public Hearinq — November 19, 2012 This item was removed and placed at the end of the consent agenda for separate consideration. h. Interlocal Aqreement between Town of Hillsborouqh and Oranqe County for Erosion Control Services The Board approved an updated Interlocal Agreement to continue implementation of the erosion control program for the Town of Hillsborough by Planning & Inspections' Erosion Control Division. i. Retiree Health Insurance Eliqibility for County Commissioners The Board approved the resolution, which is incorporated by reference, (Attachment 3) reflecting the Board's decision to make Commissioner eligibility for retiree health insurance commensurate with the eligibility requirements for Orange County employees effective October 2, 2012. i Electronic Medical Record/Practice Manaqement Svstem Replacement The Board approved the replacement of the Health Department's Electronic Medical Record/Practice Management System with the purchase of the Patagonia Health Electronic Medical Record/Practice Management System with existing Medicaid Cost Settlement funds. k. Chanqe in BOCC Reqular Meetinq Schedule for 2012 The Board amended its regular meeting calendar for 2012 by: Changing the location of the BOCC Quarterly Public Hearing meeting scheduled for Monday, November 19, 2012 at 7:00 p.m. FROM the DSS Offices, 113 Mayo Street, TO the Central Orange Senior Center (Adjoining Triangle Sportsplex), 103 Meadowlands Drive, Hillsborough, N. C. (Dinner meeting with the Planning Board at 5:30 p.m. will remain at Link Government Services Center). 6. Public Hearinqs-NONE 7. Reqular Aqenda a. Southern Oranqe County Government Services Campus Master Plan Adoption The Board received and considered adopting a Master Plan for the Southern Orange County Government Services Campus; authorizing the Manager to submit the necessary application and fees to the Town of Chapel Hill for the Special Use Permit ("SUP") Modification process for this project; authorizing the Chair to execute an amendment to the Clarion Associates Agreement dated May 15, 2012 in the amount not to exceed $37,500 for potential additional services related to the SUP process; and considered authorizing the Chair to contact the Town of Chapel Hill regarding adjusting the SUP modification process and related fees for this project. Engineer in Asset Management Services Jeff Thompson said that in August this year, the Board of County Commissioners authorized the staff to move forward with a concept plan and staff has been available for walking tours of the property. Staff is preparing to submit a special use permit to the Town of Chapel Hill. The intention of this meeting is to formally adopt the Master Plan and associated guidelines. Roger Waldon from Clarion and Associates made a PowerPoint presentation. Southern Qrange County Government Services Campus Master Plan �ctober 16, 2Q12 Qrange Gounty Board of Gounty Gommissioners Presentation Qbjectives - Activity Since Last Status Report - Design Guidelines - Adjustments to Master Plan - Draft Plan - Update on Approval Proeess / Fees Activity Since Last Status Report - Presentation to BQGG on August 21 - Public Information Meetings on September 4 - Meetings with Stakeholders and Town Staff - Revisions to Map Based on Additional Information - Development of Design Guidelines Design Guidelines - Qrange Gounty 2Q3Q Gomprehensive Plan - Ghapel Hill 2Q2Q Plan - Ghapel Hill Design Guidelines - TJGQG High Performance Guidelines for Triangle Region Public Facilities - Planning Best Practices - Site Planning - Infrastructure - Undisturbed Areas - Sustainability - Buildings Adjustments to Master Plan - Based on Goncept "B" from August 21 Meeting - Added Gonneetion to Garolina North Greenway/ Bikeway - Added Homestead Road Improvements - Glarified Language Regarding Expansion of Existing Buildings - Glarified Buffer and Setback Lines Update on Approval Process/Fees - Process 0 12 month timeframe o Two steps: Goncept Plan, Special Use Permit o Up to 17 meetings o Reeommended adjustment to projeet budget - Application Fees o Goncept Plan & Special Use Permit Modification estimate $11Q,QQQ Next Steps - B�GG Approval of Master Plan - Submission of Goncept Plan Application to Town of Ghapel Hill - Submission of Speeial Use Permit Modification to Town of Ghapel Hill Roger Waldon said that they are ready to submit to Chapel Hill the concept plan and they can do it tomorrow since it is one of Chapel Hill's deadline dates for concept plans. Frank Clifton said that the last bullet has the Chair talking with the Mayor about the fees for this process. Also, this topic will be one of the items to discuss at the joint meeting with the Town of Chapel Hill in 2013. Commissioner Gordon asked what was included in the Master Plan that will be given to the Town. Roger Waldon said that the concept plan application to the Town has the application form and the map of the plan and existing conditions. The plan is to take the text in the abstract and the design guidelines with a cover letter. Commissioner Gordon suggested that this be sent to the Board of County Commissioners as well and Roger Waldon said that he would. Commissioner Jacobs asked Roger Waldon about the greenway next to the property and the experience with crime on greenways in Chapel Hill. Roger Waldon said that the experience in Chapel Hill has been favorable and crime has not been occurring. Chair Pelissier said that this would be a good to present at the Assembly of Governments meeting. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to adopt a Master Plan for the Southern Orange County Government Services Campus; authorize the Manager to submit the necessary application and fees to the Town of Chapel Hill for the Special Use Permit ("SUP") Modification process for this project; authorize the Chair to execute an amendment to the Clarion Associates Agreement dated May 15, 2012 in the amount not to exceed $37,500 for potential additional services related to the SUP process; and authorize the Chair to contact the Town of Chapel Hill regarding adjusting the SUP modification process and related fees for this project. VOTE: UNANIMOUS b. Historic Roqers Road Neiqhborhood Community Center and Budqet Amendment#3-B The Board considered establishing a County Capital Project for the construction of a Rogers Road Neighborhood Community Center and approving Budget Amendment#3-B and authorizing the Manager to draft an Interlocal Agreement. Assistant County Manager Michael Talbert said that the most recent discussion on this issue was on September 6th and the Board of County Commissioners approved moving forward, as follows: - move forward with a new "green" community center; - to ask the Manager to find $380,000 more to move into the fund already established with $120,000; - to work with RENA and Habitat for Humanity on the design and implementation of this community center; - to ask the towns to contribute computers, supplies, permitting costs, connection costs and the first 12 months of utilities towards this project; - to ask the towns to expedite the permitting process; and - to be able to start immediately to bring this project back to the BOCC October meeting to finalize going forward. On September 18, 2012 the Carrboro Board of Aldermen reviewed the Interim Report from the Historic Rogers Road Neighborhood Task Force and approved the following motion: MOTION WAS MADE BY ALDERMAN SLADE AND SECONDED BY ALDERMAN LAVELLE THAT THE TOWN OF CARRBORO HAS THE INTENTION OF CONTRIBUTING NOT MORE THAN $900,000 FOR THE TOWN'S PORTION OF THE COMMUNITY CENTER AND COST OF THE SEWER PROJECT. THE TOWN MANAGER SHALL RESEARCH FUNDING SOURCES. TOWN STAFF SHALL ALSO INVESTIGATE HOW THE TOWN CAN RECOUP THE SEWER LINE INVESTMENT COSTS FROM DEVELOPERS. THE BOARD EXPRESSES ITS APPRECIATION TO THE COUNTY FOR THEIR COMMITMENT TO THE PROJECT AND REQUESTS THAT THE TOWN OF CHAPEL HILL CONSIDER THEIR SHARE OF THE CONTRIBUTION. VOTE: AFFIRMATIVE SIX, ABSENT ONE (COLEMAN) On September 28, 2012 the County and Town Managers met and developed the attached recommendations: Recommendation 1.c. is to investigate a contractual agreement with Habitat for Humanity to construct a Rogers Road Neighborhood Community Center that would serve the residents of the Rogers Road Neighborhood. The center would be owned by Habitat and leased to Rogers Eubanks Neighborhood Association (RENA) for $1 per year. A contract between the County and Habitat would be approved by the Board before any funds would be available for the construction of a Rogers Road Neighborhood Community Center. On October 3, 2012 the Historic Rogers Road Neighborhood Task Force met and discussed the attached recommendations from the County and Town Managers. Based on the draft Meeting Summary the Task Force reinforced support for both the Community Center and Sewer in the Historic Rogers Road Community, by the recommending the following: 1. That the Managers meet and report back to the Task Force at the October 24, 2012 meeting, specifically to study how the local governments can cost-share sewer improvements and a community center. 2. That the Managers consider the attached "Carrboro" cost sharing option. 3. That the Task Force move forward with the Community Center and continue discussions as to how sewer is implemented. Michael Talbert said that the Historic Rogers Road Neighborhood Task Force is scheduled to present its final report to the Assembly of Governments on December 6, 2012. The County's intention is to make a one-time capital contribution ($500,000) toward the construction of a Community Center and negotiate a master lease agreement with Habitat that will authorize the use of the Community Center for public purposes. A sublease could be negotiated with RENA to use this facility for their programs. Many details still have to be worked out before a Community Center could be constructed. Michael Talbert said that the financial impact for this project would be for the Community Center costs which are estimated to be $500,000. The Board agrees to establish a Capital Project for the construction of a Community Center and advance the funding for a Community Center of up to $500,000. The establishment of an Interlocal Agreement, with the Towns to repay the County beginning in Fiscal Year 2013/14 for their share of the Community Center at the same costs sharing percentages outlined in the 1972 Landfill Agreement (43% Orange County, 43% Town of Chapel Hill and 14% Town of Carrboro), is necessary for the County to receive reimbursement from the Towns. The Towns have not yet approved funding a Rogers Road Neighborhood Community Center. Michael Talbert said that Budget Amendment#3-B approves funding of$380,000 that will be appropriated from the General Fund's Fund Balance, combined with the Fiscal Year 2012/13 approved reserve budget of$120,000 for a Community Center. Budget Amendment #3-B transfers $500,000 from the General Fund to the County Capital Fund for this project. The project is contingent on both an Interlocal Agreement with the Towns of Chapel Hill & Carrboro and the approval of a contract with Habitat for Humanity for the construction and operation of a Rogers Road Neighborhood. The Manager's recommendation is to approve the creation of a County Capital Project of$500,000 for a Historic Rogers Road Neighborhood Community Center, authorize the Manager to draft an Interlocal Agreement with the Towns and habitat to share the costs of a Community Center, and approve Budget Amendment#3-B. Frank Clifton said that he and the managers met about this today and there is an understanding that the Towns support the cost-sharing and the Community Center. Commissioner Hemminger said that she is excited that they can make this work and there are details to be worked out. She is proud of the County and she is pleased that the Towns want to be part of the cost-sharing. Commissioner Foushee thanked the Board for its commitment to this project. She said that she is grateful to her colleagues for righting an injustice to a neighborhood for 40 years. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to establish a County Capital Project for $500,000 for the construction of a Rogers Road Neighborhood Community Center, authorize the Manager to draft an Interlocal Agreement with the Towns of Chapel Hill and Carrboro and Habitat for Humanity to share the cost of the community center, and approve Budget Amendment#3-B.. VOTE: UNANIMOUS c. Pretrial Services for Chatham and Oranqe Counties, Inc. Request for Additional Fundinq for FY2012-13 The Board considered a request from Pretrial Services for Chatham and Orange Counties, Inc. to increase its original FY2012-13 funding allocation by $40,000. Assistant County Manager Gwen Harvey said that the off-site agency application process was held during the budget cycle in the spring. The Board of County Commissioners made an appropriation of$70,000 to Pretrial Services. There was an additional request to have a grand total of$110,000 to support the operations through the rest of the fiscal year. She recognized Joyce Kuhn, Pretrial Administrator. She said that this is a very valuable function for Orange County. Joyce Kuhn spoke about the services that Pretrial provides to Orange County. Frank Clifton said that one point of clarification is that the legislature has helped fund this service in the past but no longer wants to do that, which is why this is coming forth now. He said that he and Judge Buckner talked about the possibility about some sort of fee structure for this service for the future but for now they are asking the County to fund this service. He would also like to talk to Chatham County about increasing its cost-sharing. Commissioner Jacobs said that he had petitioned that the County look at alternatives in a holistic context. He urged the Board that the timeline for dealing with the people programs occurs no later than the planning of the structure so that there can be a fair and effective criminal justice system. Commissioner Gordon made reference to #3 in the recommendation, "Direct staff to review and strengthen subsequent performance agreements to ensure Orange County investment is strictly applied to Orange County outcomes and consider alternative options to current operations to help offset local costs associated with these services." She asked about the information in Attachment 1 from the Budget and Management Analyst. She read from the last paragraph, "Therefore, at the current funding level, Orange County is essentially subsidizing the Chatham County cases, albeit indirectly." She said that it sounds like this program is administered for the two counties and asked how this would happen if Chatham County does not provide enough funds. Joyce Kuhn said that program activity is how they form their request for funding - 30% for Chatham and 70% for Orange County. Frank Clifton suggested having an MOU with Orange County and Chatham County. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve an increased funding to Pretrial Services in the amount of$40,000 for FY2012-13; direct staff to bring back a budget amendment to appropriate the increased allocation; and direct staff to review and strengthen subsequent performance agreements to ensure Orange County investment is strictly applied to Orange County outcomes and consider alternative options to current operations to help offset local costs associated with these services. VOTE: UNANIMOUS Commissioner Jacobs asked about the improvements in the Battle Courtroom. District Attorney Jim Woodall said that they are in the process of working on this and they are at the point of looking at audiovisual equipment for the courtroom. Michael Talbert said that the main thing for the courtroom is to update it electronically. This will cost about $90,000. Commissioner Yuhasz asked about the status of wi-fi at the courthouse and Assistant County Manager Clarence Grier said that the County just signed a contract to provide wi-fi to the courthouse two weeks ago. d. North Carolina State Clearinqhouse Request for Interqovernmental Review of Proposed Private Crossinq Closures with the North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway The Board received information on the North Carolina Department of Transportation (NCDOT) proposal to close private North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange County, and considered a letter submitting scoping comments related to the project. Transportation Land Use Planner Abigail Pittman introduced this item. She said that the Planning Department has received a solicitation for comments from NCDOT with regard to three proposed private crossing closures at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road. This is part of the Southeast High Speed Rail Corridor. These are safety improvements to close private crossings where feasible. The projects are to be performed during the State's FY 2012-FY2016 Work Program and funded with Stimulus High Speed rail Funds. Proposed Gordon Thomas Drive Crossing Closure: - 5-6 lots currently accessing crossing - Paschall Dr. a 30' wide graveled private easement - Two ends of Paschall Dr. not connected - New road down Paschall Dr. would have to be built to the public NCDOT public road standards - Non-conformities may be created - Staff encourages a reevaluation of the cost-benefit analysis and other alternatives for this closure as there are so few properties receiving access from the crossing vs. the significant impact to this private community Proposed Greenbriar Road Crossing Closure: - 8 lots currently accessing crossing north of the RR track - Rename one end of the Greenbriar Dr. - NCDOT option crosses from Whispering Pines Subdivision over to Greenbriar Dr. - Greenbriar Dr. not to NCDOT public road standards - NCDOT option could have nonresidential traffic accessing residential areas - Potential crossings of Rhodes Creek - Location within County Eno EDD - Location south of I-85 interchange - Adopted Eno EDD Small Area Plan supports an enhanced service road and access system in the area - Explore alternatives that consider larger context of area's access issues, environmental constraints, and Eno EDD development efforts and Small Area Plan Proposed Byrdsville Road Crossing Closure: - Approximately 70 homes currently accessing crossing - Approximately 95 homes directly impacted by NCDOT option - None of the existing roads are to NCDOT standards - Route utilizes private access drive on Piedmont Electric's property - Route crosses over Duke Forest property along rear of home sites - Access `block' to east may be unnecessary due to existing alternate access to west - Access to NC 86 at an unsafe angle - Traffic concerns created along 86 that will require a traffic study - Access to Jasper Lane barricaded - Potential significant impacts to large number of residents in this area - Recommend NCDOT explore additional access alternatives General Comments: - Staff had insufficient time to coordinate its review with other County departments and the Town of Hillsborough. - Police, Fire, and EMS departments have not been consulted by Planning staff. - Majority of existing roads and easements in study areas have substandard widths, many are graveled, storm drainage pipes are rare and in poor condition, and there are few if any side drainage ditches. - Many utility poles throughout study areas would require relocation. - County UDO limits the number of lots allowed from private access. - County UDO would require new roads to be NCDOT public streets. - Additional right-of-way would be acquired by fee simple purchase or condemnation. Staff Recommended Revision to Comment Letter: After the agenda packet was prepared, staff identified the following recommended revision to Comment#5 regarding the Greenbriar Drive proposed private road crossing closure. The comment is being revised to specifically reference the adopted Eno EDD Small Area Plan: 5. Planning staff requests that more viable alternatives other than the current proposal be explored. This location is part of a County designated and zoned Eno Economic Development District, and is also immediately south of an interchange with I-85 which is planned for improvements. The adopted Eno EDD Small Area Plan supports an enhanced service road and access system in the area, and includes an approved Transportation Access Management Concept Plan (copy enclosed for reference). The Manager recommends that the Board: 1) Receive the information on the NCDOT proposal to close private NCRR/NS Railway crossings at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road in Orange County; and 2) Provide any additional comments that Board may have to be added to the letter (Attachment 2) submitting scoping comments for the Environmental Assessment (EA) to NCDOT. Commissioner Gordon made reference to the public input process and asked what provisions will be made by NCDOT to notify property owners. Abigail Pittman said that she does not know the procedure but she would find out. She has called the representative from NCDOT two times, but he has not returned her call. Commissioner Gordon encouraged staff to follow up. Commissioner Jacobs asked if DOT has just picked a few crossings because he knows of more. Abigail Pittman said that these three are on the TIP program. John Roberts said that he could provide the Board with a list of criteria for candidates for closures. Commissioner Jacobs said that staff did a great job but the County should not rely on DOT to be the conduit for the concerns. He suggested being proactive and putting this on the County's website and telling DOT what the Board wants. Chair Pelissier asked Clerk to the Board Donna Baker to schedule another quarterly meeting with DOT. 7th Craig Benedict said that the County can add comments between now and November Chair Pelissier pointed out other comments that the Board wants to direct staff to make modifications that DOT should build access roads on their own easements, and make sure there is a robust public information and comment process. The Board agreed. 8. Reports a. Environmental Responsibility in Oranqe County Goals Update with Performance Report The Board received a report regarding "Environmental Responsibility in County Government Goals" progress, and performance "scorecard" results for recent fiscal years Jeff Thompson introduced this annual report and made a PowerPoint presentation. Environmental Responsibility in Orange County Government Annual Update Board of County Commissioners October 16, 2012 Purpose �i Establish Annual Report on "Environmental Responsibility Goal" accomplishments �i Report on performance �i Current and future year initiatives �i Response to Commissioner requests from June 2011 Utility and Fuel report Background �i November 2004 — Environmental Responsibility Goals brainstorming session. �i December 2005 - Board adopted goals and policies: Environmental Responsibility in County Government Goal Energy Policy Water Policy Fuel Policy �i February 2006 — Environmental Stewardship Action Committee (ESAC) established �i November 2009/May 2010 — Environmental Responsibility Goal (ERG) status report �i June 2011 — Inaugural Utility and Fuel Conservation Report Department of Environment, Agriculture, Parks and Recreation (DEAPR) Director Dave Stancil continued with the presentation at this point. Department of Environment, Agriculture, Parks and Recreation (DEAPR) - Objectives �i No Net Loss of Woodlands / Roadside Habitat �i Orange WeIINet/ Groundwater Guardian �i Energy Efficiency and Renewable Energy Options at Parks, Rec Centers (new) �i Action Committee / ERG Working Team? DEAPR— Current Initiatives �i ESAC Initiatives Best Workplaces for Commuters ERG Action Strategies — Prioritization �i Determine Viability of Qualitative Scorecard �i DELTA Intern - GHG Inventory and Forecast Next Steps �i Environmental Education Efforts DEAPR— Results th �i Groundwater Guardian Program — 10 Year �i GWG Green Sites —2 Parks �i Roadside Habitat Proposal Presented ii, Implemented: Forest Management Policy (No Net Loss of Woodlands +) Forest Management Plans /Wildlife Enhancement Project �i Added 4 wells to Orange WeIINet (lost 1) �i Properly-abandoned Old Wells - Future Parks �i Stream corridor protection at future Northeast Park (state grant) �i Stormwater and Water Reuse — Stanford Middle School (saving $100,000/year) DEAPR— New Initiatives �i New Water Reuse and Conservation Projects �i Renewable Energy Options for Parks report �i Create New Forest Management Plans �i The "10% Campaign" (with EDC, CES) �i New Environmental Education Efforts �i Expand Paperless Agendas (CFE, PRC) DEAPR— Horizon �i State of the Environment 2013 (Jan 2014) Environment or Sustainability Report Card? �i Pursue Groundwater Guardian Green Sites for Additional Parks / "Green Map" �i Continue to Grow Orange WeIINet �i New S&W Water Reuse Project with School? �i Determine GHG Next Steps (outreach) Blair Pollock from Solid Waste continued with the presentation. Solid Waste Objectives �i Reduce Waste Landfilled by 61% per capita �i Maximize recycling and waste reduction opportunities in Orange County �i Continued exploration of alternatives to landfilling of waste Solid Waste Goal & Results FY 2010/11 State Orange County Reduction Goal 40% 61% Reduction achieved (1991-92 baseline) -8% 56% Curbside recyclables /hh (Ibs) 249 416 Recycling per capita (Ibs) 80 268 Solid Waste Current Initiatives �i Conversion to single stream recycling �i Cart based recycling � 1/3 of rural customers - 2012-13 �i Walnut Grove Ch. Rd. solid waste convenience center - 2012-13 �i Concept plan for second convenience center - 2013 �i Closure of lined landfill - June 30, 2013 �i Municipal solid waste to Durham Transfer Station for 2013-14 �i Establish additional internal goals for waste reduction/recycling for 2013 Solid Waste Future Initiatives �i Urban curbside to roll carts in 2013-14 �i Next � 1/3 of rural curbside recycling to carts 2014 �i Continue modernization of Solid Waste Convenience Centers �i Consider alternatives to Durham City Transfer Station �i Evaluate commercial recycling expansion 2013-14 �i Develop `buy recycled' policy; paper use reduction goal for County government �i Achieve 61% waste reduction goal and set new higher goal. Sustainability Manager of Asset Management Services Wayne Fenton continued the presentation. Objectives Presentation �i Revisiting Department Objectives �i Response to Commissioner requests �i Utility and Fuel Scorecard FY 11 and FY 12 �i Current and Future Initiatives Department �i Monitoring utility use �i Continuously managing efficiency �i Communicating results �i FY 12-13 Initiatives; 5 year horizon Energy Scorecard(table) Water Scorecard(table) Fuel Scorecard(table) Current Year Initiatives �i Continued growth in geo-thermal — downtown Hillsborough �i Building control improvements �i Continued lighting improvements �i Sale/retirement of older facilities �i Asset improvements (roofs, doors, windows, solar film, vehicles) �i Employee education and outreach For More Information: Orange County Utility and Fuel Use and Conservation Initiatives -Inaugural Report located at: http://oranqecountync.qov/AssetMqmt/documents/AttachmentA- Conservation Report-final.pdf Commissioner Gordon suggested doing a press release that highlights important things in each of these areas for solid waste, especially the solid waste reduction achieved by Orange County. Commissioner Jacobs made reference to page 33 and the new forest management plans. He asked Dave Stancil about this. Dave Stancil said that there is a land management team that drives how to handle forest management. Commissioner Jacobs made reference to asset improvement and addressing handicapped accessibility. He said that the Link Center is not handicapped accessible and he does not know how much more will be done to improve this building. He asked if there was an aggressive plan. Frank Clifton said that there was going to be a meeting space in the Link Center but now there is not. In each capital project, there are different priorities. Commissioner Jacobs said that the Link Center is a priority. Commissioner Jacobs said that it would be good to share the solid waste goals and results at the Assembly of Governments meeting. Commissioner Hemminger made reference to asset management and asked if the County could put in low flow toilets in all facilities. Jeff Thompson said that when they renovate buildings, they will be putting in low flow toilets. Chair Pelissier asked about a sustainability report and suggested putting it online and an abbreviated version to the media. b. Tax Collector's Monthly Report The Board received a monthly report showing the amount collected on each year's taxes charged during settlement, remaining uncollected, and steps being taken to collect the uncollected amount. Tax Administrator Dwane Brinson said that this is the first time they have given this report. He said that this is an internal report. He walked the Board of County Commissioners through the report. For subsequent meetings, this item will be under Information Items. Commissioner Hemminger suggested on the second part of the report to have the title and the year. Chair Pelissier said that it would be helpful to include how many wage garnishments there were in years before compared to this year. 9. County Manaqer's Report Frank Clifton made reference to the railroad crossing closures and said that a lot of them were identified nine years ago and then it was updated in 2009. The copy of the report is online. He said that DOT has notified that it will be doing some work on the bridge on Churton Street in Hillsborough. 10. County Attorney's Report NONE 11. Appointments a. Adult Care Home Community Advisory Committee —Appointment The Board considered making an appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to appoint Dr. Anthony John Voight to the Adult Care Home Community Advisory Committee in an At— Large position with a term ending 10/30/13. VOTE: UNANIMOUS b. Affordable Housinq Advisory Board —Appointments The Board considered making appointments to the Affordable Housing Advisory Board. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Teri Driscoll (with a term ending 9/30/13), and Andrew Shannon, Jr., Dee Jackola, and Christopher Wehrman to the Affordable Housing Advisory Board with terms ending 6/30/15. VOTE: UNANIMOUS c. Hillsborouqh Planninq Board —Appointment The Board considered making an appointment to the Hillsborough Planning Board. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to appoint John Bemis to a second term to the Hillsborough Planning Board, with a term ending 10/31/2015. VOTE: UNANIMOUS Commissioner Jacobs said that he has brought this up before but he would like to have some sort of annual written report/comments from our appointee to this board and to other governmental boards like this one so that the County Commissioners can know what the appointee is doing and what the important issues are. d. Oranqe County Parks and Recreation Council —Appointment The Board considered making an appointment to the Orange County Parks and Recreation Council. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Ms. Betty Kahn to the Cedar Grove Township position to the Orange County Parks and Recreation Council with a term ending 3/31/2015. VOTE: UNANIMOUS e. Upper Neuse River Basin Association The Board considered making an appointment to the Upper Neuse River Basin Association. Commissioner Hemminger stated that, if another Commissioner wished to be appointed to the Association at a later date, she would step down from the position. Commissioner Hemminger recused herself from voting on this item. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Commissioner Hemminger to the Upper Neuse River Basin Association for a three- year term. VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon said that the Orange County Implementation Agreement and Bus and Rail Investment (BRI) Plan were discussed at the October 10 MPO Transportation Advisory Committee (TAC) meeting. She said that she brought the Implementation Agreement and the BRI Plan forward for approval and both were approved unanimously. The Triangle Transit Board of Trustees is the only remaining board that still needs to approve the plan. She explained what the Bus and Rail Investment Plan included. Commissioner Gordon said that the Draft 2014-2020 Transportation Improvement Program was also discussed at the TAC meeting. The TAC has released this for comment. The scheduled public hearing is at the November TAC meeting. Commissioner Gordon said that the Intergovernmental Parks Work Group met and discussed the Mountains to Sea Trail. Four people from the public came to comment on this. Commissioner Yuhasz said that the Board of Health is considering a "Smoke Free Public Places" rule. There will be a meeting tomorrow at 8:30 and a public hearing at the main library office at 7:00 p.m. next Wednesday. Commissioner Foushee said that she was invited along with Pam McCall, Director of Nursing at the Health Department and three officials from UNC Hospitals to the Latino Health Initiative. They spent some time in Mexico and visited several medical facilities. She said that the goal is to improve health services to Latino citizens. Commissioner Hemminger said that the St. Paul's Church project is going to save the Hogan historic house and move it to another location on the property. They are receiving private donations to have the house restored. Commissioner McKee said that the New of Orange is doing an insert on the volunteer fire departments. He said that there is a report in the information items regarding the EMS station on the UNC campus. This station has helped reduce response times in that area. It has been located there as a collaborative effort between the County and UNC for approximately one year. Chair Pelissier said that she participated in Project Connect last week and she saw more mothers with babies this year. She said that she attended the NCACC Environmental Steering Committee meeting and most of the goals were submitted by Orange County. She said that she will be serving on the Legislative Goals Committee next year. 13. Information Items • October 2, 2012 BOCC Meeting Follow-up Actions List • Buckhorn Mebane Utilities Phase 2 Preliminary Bid Information Memo • Orange County Emergency Services - UNC Campus Station Report 2012 • Comprehensive Parks and Recreation Master Plan — Update • Memorandum Regarding Ban the Box for Employment Applications 14. Closed Session A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to go into closed session at 10:35 p.m. for the purposes of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Approval of Closed Session Minutes VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to go back into regular session at 11:20 p.m. VOTE: UNANIMOUS 15. Adiournment A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to adjourn the meeting at 11:20 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board