HomeMy WebLinkAboutMinutes - 20080624 APPROVED 10/7/2008
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 24, 2008
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June
24, 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, Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below).
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Changes to the Agenda
Chair Jacobs went through the items at the Commissioners' places. There was a
Power Point presentation for item 5-a, which is a public hearing item.
The green sheet was a memo informing the Board that the County received a $132,000
grant from the Agricultural Development and Farmland Preservation Trust Fund for the Shared-
Used Food Processing and Value-Added Center.
The lavender sheet was from Commissioner Gordon and goes with item 6-c, related to
the Technical and Community-Related Criteria for the waste transfer station search.
There was a copy of the Sanford-Holshouser Economic Impact Analysis of the Buckhorn
Village Project. The Board needs to forward any comments within the next week to staff.
The other green sheet is an addition to the agenda, regarding the Shearon Harris
Nuclear Power Plant. The Board agreed to add this as item 6-e-2.
Chair Jacobs said that there is legislation to grant authority to any campus of the
University of North Carolina system to establish an airport authority. The County
Commissioners have had collaborative discussions with representatives of UNC-Chapel Hill
about the possibility of siting a jet airport in Orange County. Some people are concerned that
the Board of County Commissioners will not move fast enough or be overly resistant. He said
that the County Commissioners remain open-minded and hope to work in a collaborative
manner with representatives of UNC-Chapel Hill and the UNC system. Whatever happens, it is
the Board's intention to represent the interests of the residents of Orange County and preserve
the land use plan, maintain environmental protection, and preserve neighborhoods. He said
that the County Commissioners will continue to work in a positive manner.
PUBLIC CHARGE
The Chair with the reading of the public
2. Public Comments
a. Matters not on the Printed Agenda
Shannon Jackson, Vice-Chair of Orange County Commission for Women, said that she
recently attended a Woman's Advocacy Day. She said that she spoke with Senator Ellie
Kinnaird and Representative Verla Insko about the absence of a women's shelter in Orange
County. They were both supportive of Bill SP 31 HB 43 regarding a domestic violence
appropriation. If passed, this bill would allow funding for domestic violence programs, local
initi@tives, and would provide $2 million for matching grant funds for the construction of a
domestic violence shelter. She introduced Dr. Arthrell Sanders, who read a letter regarding
domestic violence.
Dr. Arthrell Sanders read the letter:
Scarred by Abuse Letter
"The 2008 Women's History Month celebration of the Orange County Commission for
Women was entitled 'Domestic Violence is NOT Just a Women's Issue.' This topic was
especially timely in light of recent news coverage of the plight of Johnston County resident
Vernetta Cockerham-Ellerbee, who survived a horrifying attack during which her ex-husband
stabbed her repeatedly and murdered her daughter. The N&O reported that Vernetta 'had
taken a single step into the foyer when a knife struck her hegd, its blade breaking off inside.
Ellerbee reached for another knife and stabbed her twice [Dore, he then reached for a piece of
broken glass from a ghe|f, shattered in the struggle. He tried to scratch her eyes out and
shredded her hands instead as she shielded her eyes. She blacked out as Ellerbee choked
her.'
This case is a reminder that domestic violence can happen anywhere—even in quiet
North Carolina counties like ours. According to the North Carolina Coalition Against Domestic
Violence, 85 domestic violence murders took place in the last year. Nobody denies the
existence of domestic violence; we just like to pretend that it doesn't happen in our
neighborhoods. But we're wrong. And by denying the existence of domestic violence in our
community, we are also denying survivors access to some necessary services. While Orange
County has many excellent resources, including the Orange County Family Violence Prevention
Center, we lack one essential asset: a domestic violence shelter.
Survivors of domestic abuse in Orange County must be ferried to Chatham or Durham,
because they cannot be accommodated in their home county. While the State of North
Carolina mandates that every county have an animal shelter, no such protection is afforded for
Domestic Violence survivors. We must therefore take responsibility for providing our own
solution.
This conundrum has not escaped the notice of our elected officials. Mike Nelson,
Moses Carey, and Ellie Kinnaird expressed concern about this issue at the Commission for
Women's Domestic Violence event. Although we understand that the County faces significant
budget challenges this year, the Orange County Commission for Women respectfully requests
that the County Commissioners make a domestic violence shelter a top priority moving
forward."
Hudson Fuller is one of the founders of the Family Violence Prevention Center. She
introduced three board members. Each year the Family Violence Prevention Center serves
over 600 individUa|s, mostly women, who are living in abusive situations. She said that at the
time that a women comes forward ready to leave an abusive situation, the community should
offer her and her children everything possible to help. What is most often needed is a safe
place to live. If there are no alternatives, the women will continue to live in their abusive
situations. In the six-month period of time between July 2007-January 2008, there were 63
clients needing a shelter and more than half had children. Of the 63, the center was only able
to place two in Project Homestart in Orange County. Eleven others were placed in neighboring
counties. The current available patchwork of shelter options does not meet the needs of most
of the clients. Project Homestart is usually full and even if there is room in shelters of
neighboring counties, it is not a good option for victims who have jobs in Orange County and
lack transportation, or who have children in the Orange County School System. She said that it
comes down to funding. She said that a shelter is needed for domestic violence in this
community. It is a community issue that requires a community response. She urged the Board
to consider appointing a committee to examine the needs and funding required to support a
shelter for domestic violence in Orange County.
Commissioner Nelson asked that this be referred to staff and be brought back as an
agenda item in the fall.
Chair Jacobs agreed and asked that the Human Services Advisory Commission be
engaged.
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-NONE
4. Consent Agenda
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from February 8, March 18, 31, April 8, and May 20, 2008 as
submitted by the Clerk to the Board.
b. Appointments •
(1) Affordable Housing Advisory Board— Reappointment
The Board reappointed Jabrina Robinson to a second full term ending June 30, 2011 to the
Affordable Housing Advisory Board.
(2) Commission for Women — Reappointments
The Board reappointed Antonia Guadalupe Barbosa, Jennifer Frye, Rashida Fearrington,
and Thelma Perkins to full terms ending June 30, 2011 to the Commission for Women.
(3) Hillsborough Board of Adjustment— Reappointment
The Board reappointed Tommy Sikes to the ETJ position to a second full term ending June
30, 2011 to the Hillsborough Board of Adjustment.
c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 53
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Property Tax Releases
The Board adopted a resolution, which is incorporated by reference, to release property values
related to two (2) requests for property tax release in accordance with N.C. General Statute
105-381.
e. 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.
f. Establish a Public Hearing Date and Submit the 2009 Schedule of Values
The Board established a public hearing on the Schedule of Values for the 2009 real property
revaluation for August 19, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough.
Proposed Financing for Animal Shelter and Solid Waste Equipment
The Board adopted a resolution required by the Local Government Commission (LGC) for
approval of the acquisition of financing needed for construction of the Animal Services Facilities
and to reimburse the County for Solid Waste equipment that has been recently purchased.
h. Actuarial Report for Other Post Employment Benefits
The Board approved participating in the North Carolina Association of County Commissioners
contract with Cavanaugh McDonald for preparation of the actuarial report for the County's Other
Post Employment Benefits liability for the benefit year ended December 31, 2007, and
execution of the participation agreement by the County Manager.
L Amendment to Article IV, Section 7.2.4 of the Orange County Personnel Ordinance
Eliminating the Dependent Health Care Subsidy for Retiring Employees Hired
After July 1, 2008
The Board adopted an amendment to Article IV, Section 7.2.4 of the Orange County Personnel
Ordinance to add the language eliminating the County dependent health care subsidy for
retirees hired after July 1, 2008.
Minutes Preparer Agreement
The Board approved an agreement between Orange County and Becky Butler for the
transcription of minutes and authorized the Chair to sign.
k. RFP Award —Smartcard and Camera Security System for County Buildings
The Board awarded a Request for Proposal for a smartcard and camera security system for
County buildings to Pronet Systems, Inc. of Raleigh, NC; authorized the purchase of the system
for the Justice Facility as outlined above; and authorized the Chair to sign, subject to final
review by staff and the County Attorney.
I. RFP Award and Contract Approval — Electronic Document Management System
for Social Services
The Board awarded a Request for Proposals and approved a contract for an Electronic
Document Management System for the Orange County Department of Social Services to
Northwoods Consulting Partners, Inc. of Dublin, Ohio and authorized the Chair to sign, subject
to final review by staff and the County Attorney.
m. Bid Award: Transportable Bleachers
This item was removed and placed at the end of the consent agenda for separate
consideration.
n. Authorization to Award Bid: Construction of Leachate Sewer Line from MSW
Landfill on Eubanks Rd. to Existing Sewer Line on Mill House Rd.
This item was removed and placed at the end of the consent agenda for separate
consideration.
o. Authorization to Purchase Office Furniture and Telephone System for New 911
Center through NC State Contract
The Board authorized the Purchasing Director to effect furniture purchases and the purchase of
a new telephone system, through State Contract vendors, for the new Emergency Services
offices located at the Meadowlands.
p„. Authorization for the Manager to Award Contracts to Expedite Repairs on the Cate
Buildings at the Future Twin Creeks (Moniese Nomp) District Park
The Board authorized the Manager to approve contracts for emergency stabilization repairs on
the Cate buildings at the future Twin Creeks (Moniese Nomp) Park to expedite this work during
•
the summer months, and that up to $150,000 in funds be transferred from the existing 2001
Parks and Open Space bond to accomplish this work.
g„ Web Template Contract
This item was removed and placed at the end of the consent agenda for separate
consideration.
r. Modify 2005 COPS Interoperable Communications Grant Contract With the City of
Durham
The Board approved amending the grant contract with the City of Durham for the 2005 US
Department of Justice COPS lnteroperable Communications grant approved by the Board on
March 2, 2006 and previously amended December 4, 2006 and authorized the Manager to sign
pending final review and acceptance by the County Attorney.
s. Contract Renewal —The Peoples Channel for Live Casting, Video Taping, and
Cable Casting Orange County Board of Commissioner Meetings
The Board approved a contract renewal with The People's Channel for live casting, videotaping
and cable casting regular Board of County Commissioner meetings and authorized the Chair to
sign, contingent upon adoption of the FY 2008-09 budget.
t. Renewal of Food and Organic Waste Collection and Composting Contract
The Board renewed the contract with Judy D. Brooks Contractor, Inc., that enables the County
Solid Waste Management Department to provide collection and composting services for
separated food waste, organic material and animal bedding to commercial and institutional
establishments throughout Orange, including UNC-Chapel Hill and authorized the Chair to sign,
subject to final review by staff and the County Attorney.
u. EMS Medical Director Contract Renewal
The Board renewed a contract between Orange County and the University of North Carolina
(UNC) Department of Emergency Medicine concerning the medical direction of Orange
County's Emergency Medical Services (EMS) program and authorized the Chair to sign.
v. Little River Regional Park Inter local Agreement Renewal
The Board adopted the Little River Regional Park Inter local Agreement Renewal and authorized
the Manager to sign the Agreement on behalf of the Board.
w. Dedication of Sewer Utilities to OWASA-Lake Hogan Farms Sewer Extension
The Board approved a dedication of water and sewer lines built to service the Homestead
Community Center to the Orange Water and Sewer Authority, and authorized the Chair to sign,
contingent upon final review by the County Attorney.
x. Dedication of Sewer Utilities to OWASA: Morris Grove Elementa School
The Board approved a dedication of water and sewer lines built to service Morris Grove
Elementary School to the Orange Water and Sewer Authority, and authorized the Chair to sign,
upon final review by the County Attorney.
y„. Justice Facility Site Lighting Utilities Right of Way Agreement with Duke Energy
This item was removed and placed at the end of the consent agenda for separate
consideration.
z. Pyrotechnics Permit—Orange County Speedway
The Board approved a pyrotechnics permit for Orange County Speedway for July 5, 2008 and
authorized the staff to execute permits as needed.
aa. Releasing of Budgeted Funds for Rent to the NC Department of Motor Vehicles
The Board authorized the release of$16,600 currently budgeted in the Central Services-Rents
account, to support a portion of the rent paid by the State of North Carolina for a Driver License
Office at Carrboro Plaza; authorized the continued contribution of this amount and no more for
future years during which the amount may be included in the County's budget; authorized staff
and the County Attorney to formulate documentation to support the transaction; and authorized
signature by the Chair, County Manager or their designate to complete the transaction.
bb.Approval of Solid Waste Operations Center Change Order
This item was removed and placed at the end of the consent agenda for separate
consideration.
cc. UNC Landfill Gas Project— Engagement of Specialized Legal Counsel and Conflict
of Interest Waiver
The Board approved the hiring of the law firm of Alston& Bird, LLP, to serve as the County's
legal consultant for the landfill gas project, and authorized the Chair to execute the attached
legal services engagement letter; and waived the conflict of interest due to Alston & Bird's
representation of UNC in unrelated legal matters, and authorized the Chair to execute the
attached conflict waiver consent letter.
dd.Orange Public Transportation Doing Business as The Orange Bus
This item was removed and placed at the end of the consent agenda for separate
consideration.
ee. Contract Amendment - Comprehensive Plan Update
The Board amended the Agreement for Professional Services with Clarion Associates to
provide services during Phase II of the Comprehensive Plan Update process and authorized the
Chair to sign.
ff. Legal Advertisement for Quarterly Public Hearing —August 25, 2008
The Board approved the proposed legal advertisement for items to be presented at the Board
of County Commissioners/Planning Board Quarterly Public Hearing scheduled for August 25,
2008.
gg.,Schools Adequate Public Facilities Ordinance (SAPFO)—Approval of Annual 2008
Report
This item was removed and placed at the end of the consent agenda for separate
consideration.
hh.Resolution Endorsing Two NCDOT Projects to Enhance Safety and Improve
Traffic Flow
The Board approved the Resolution Endorsing Safety Improvements to Enhance Safety and
Improve Traffic Flow.
H. Recommendation to NCDOT Concerning the Addition of Subdivision Roads in
Cameron Estates Subdivision to the State Maintained Road System
The Board forwarded the Road Petition for Addition to the State Maintained System for
Governor Drive, Dairy Farm Drive, Rock Garden Lane, Silver Fox Circle and Harold Latta Drive
to the NCDOT with a recommendation that the Board of Transportation accept those roads for
maintenance.
Jk Recommendation to NCDOT Concerning the Addition of North Scotswood
Boulevard in Churton Grove Subdivision to the State Maintained Road System
The Board forwarded the Petition for Addition to the State Maintained system for North
Scotswood Blvd. to the NCDOT with a recommendation that the Board of Transportation accept
North Scotswood Blvd for maintenance as a State secondary road.
kk. Recommendation to NCDOT Concerning the Addition of Subdivision Roads
Within the New Hope Springs Subdivision to the State Maintained Road System
The Board forwarded the Petition for Addition to the State Maintained system for New Hope
Springs Drive, Hope Valley Drive and Valle Creek Drive to the NCDOT with a recommendation
that the Board of Transportation accept those roads for maintenance.
II. Orange County Occupancy Tax Levy
The Board approved a resolution to increase the Orange County Occupancy Tax Levy and
authorized the Chair to sign.
mm. Fiscal Year 2007-08 Budget Amendment#11
This item was removed and placed at the end of the consent agenda for separate
consideration.
nn.Technical Amendment to Gateway Lease and Courtesy Review of Storm Sewer
System and Gray Water System Maintenance Agreements
The Board approved the technical amendments to the Gateway Center lease as cited and
received the terms of the easements and maintenance agreements for the Storm Sewer and
Gray Water Systems as information; and authorized the Chair to sign the Amendment to the
Lease and any documents required to be signed related to the Storm Sewer and Gray Water
easement and maintenance agreements on behalf of the Board.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
m. Bid Award: Transportable Bleachers
The Board considered awarding a bid for a pair of transportable bleachers for the West
Ten Soccer Complex to Charron Sports of Liberty, South Carolina for a total cost of$33,656
and authorizing the Purchasing Director to execute the necessary paperwork.
Chair Jacobs said that there was a question about delaying the opening of the West Ten
Soccer Complex. The proposal is August of 2009. He asked why bleachers would be needed
more than a year in advance.
Parks and Recreation Director Lori Taft said that the bleachers could be deferred, but
they may cost more next year.
Chair Jacobs asked if the bleachers could be used anyplace else for a year. Lori Taft
said that they are difficult to transport, but they could be used at other sites.
Laura Blackmon said that staff could check to see if the purchase could be delayed for
the same price.
A motion was made by Chair Jacobs, seconded by Commissioner Gordon to defer
approval and let staff examine how long the price will last.
VOTE: UNANIMOUS
n. Authorization to Award Bid: Construction of Leachate Sewer Line from
MSW Landfill on Eubanks Rd. to Existing Sewer Line on Mill House Rd.
The Board considered authorizing the Purchasing and Central Services Director to
award a bid for the construction of a sewer line,during the Board's summer break and to report
the outcome in August 2008.
Chair Jacobs said that there have been complaints recently about odors near the landfill
and one of the responses from Gayle Wilson was that part of it was leachate. He thinks that
this is an expedited process to try and get the sewer line installed in the summer. This is an
example of how the County is trying to be responsive to the public's concerns.
A motion was made by Chair Jacobs, seconded by Commissioner Carey to authorize
the Purchasing and Central Services Director to award a bid for the construction of a sewer line
during the Board's summer break and to report the outcome in August 2008.
VOTE: UNANIMOUS
Web Template Contract
The Board considered signing a contract with Kelly Marcom of Sanford, NC to develop
templates for the Orange County website and authorizing the County Manager to execute the
contract, pending final review by staff and the County Attorney.
Commissioner Gordon made reference to page 4 of the contract and that the rate is
listed as $XX. She asked about the dollar amount.
Chief Information Officer Todd Jones said that he does not recall the figure, but it must
not exceed $12,000. He recommended deleting #4 and approving the contract, not to exceed
$12,000.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve the contract with Kelly Marcom, with the deletion of#4, for an amount not to exceed
$12,000, and authorize the County Manager to execute the contract pending final review by
staff and the County Attorney.
VOTE: UNANIMOUS
Justice Facility Site Lighting Utilities Right-of-Way Agreement with Duke
Energy
The Board considered approving a Right-of-Way Agreement for the installation and
. maintenance of electrical site lighting utilities built to service the Orange County Justice Facility,
and authorizing the Chair to sign; and approving the Service Agreement between Duke Energy
and Orange County for Leased Site Lighting for the Orange County Justice Facility and
authorizing the Purchasing and Central Services Director to sign.
Chair Jacobs asked about the trees and Pam Jones said that this area was in a parking
lot and there were no trees.
A motion was made by Chair Jacobs, seconded by Commissioner Nelson to approve
the dedication of Right-of-Way to Duke Energy as presented, contingent upon staff and County
Attorney review, and authorize the Chair to sign on behalf of the Board; and approve the
Service Agreement for site lighting; and authorize the Purchasing and Central Services Director
to sign.
VOTE: UNANIMOUS
bb. Approval of Solid Waste Operations Center Change Order
The Board considered approving a change order for soils remediation associated with
construction of the Solid Waste Operations Center and authorizing the Manager to sign.
Chair Jacobs said that somebody missed a chronic water saturated soil condition that
will cost about $212,000 to remediate. He assumes that some professional was hired by
Orange County to do a site evaluation. He asked why the taxpayers were paying for this
instead of the contractor.
Purchasing and Central Services Director Pam Jones said that the sub-surface soil had
some problems and those were rectified. The only difference between this change order and
the original was that it would have been included in the original bid. The costs assured by the
architect would have still been in there. The costs are going to be comparable. To have this
recognized as a site issue would not have saved $212,000.
A motion was made by Chair Jacobs, seconded by Commissioner Foushee to approve a
change order for soils remediation design changes in an amount not to exceed $212,742; and
authorize the Manager to sign change orders authorizing the work.
VOTE: UNANIMOUS
dd. Orange Public Transportation Doing Business as The Orange Bus
The Board considered authorizing Orange Public Transportation (OPT) to do business
as "The Orange Bus" with the re-design of the web site, vehicle color change, and marketing
towards this transition.
Chair Jacobs said that it is unbearably precious to call this The Orange Bus. He likes
OPT just fine, so he wanted the opportunity to vote against it.
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
authorize Orange Public Transportation (OPT) to do business as "The Orange Bus" with the re-
design of the web site, vehicle color change, and marketing towards this transition.
VOTE: Ayes, 4; No, 1 (Chair Jacobs)
Schools Adequate Public Facilities Ordinance (SAPFO)—Approval of
Annual 2008 Report
The Board considered approving the 2008 SAPFOTAC Report related to various
aspects of Orange County Schools (OCS) and Chapel Hill-Carrboro City Schools (CHCCS), as
outlined in the draft Annual Report of the SAPFO Technical Advisory Committee and the
incorporated forms.
Commissioner Gordon said that the Orange High School capacity numbers—2,518
versus the 2,533 do not match. She suggested fixing this before the report is carried forward.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve the 2008 SAPFOTAC Annual Report, with changes, as specified in the report
certification summary table herein.
VOTE: UNANIMOUS
mm. Fiscal Year 2007-08 Budget Amendment#11
The Board considered approving budget, grant, and capital project ordinance
amendments for fiscal year 2007-08.
Commissioner Gordon said that the Office Building and Library is $17.9 million. She
asked if this was the same amount that was discussed or if there has been a variation. Donna
Coffey said that the numbers have not changed and the Board has already approved the
amount.
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
approve budget, grant, and capital project ordinance amendments for fiscal year 2007-08 for
Criminal Justice Partnership Program, Chapel Hill-Carrboro City Schools, Elementary#11,
Animal Services Facility Construction, The Office Building and Library, Homestead Community
Center, Central/Northern Orange Senior Center, Governing and Management, Public Safety,
Medicaid Relief/Sales Tax Swap, Arts Commission, Department on Aging, and 2001 Affordable
Housing Bonds.
VOTE: UNANIMOUS
5. Public Hearings
THIS WILL NEED TO BE DONE VERBATIM
a. Review of Class A Special Use Permit Proposing the Development of a
Private School
The Board considered reviewing a Class A Special Use Permit application proposing the
development of a Private Montessori Farm School at 711 Terry Road in accordance with the
provisions of Article Eight (8) Special Uses and Section 8.8.30 Elementary, Middle, and
Secondary of the Orange County zoning Ordinance.
Michael Harvey: I'm from the Orange County Planning Department. I would like to go
over the abstract, including some of the attachments.
Geof Gledhill: Before Mr. Harvey continues, I suggest you swear in witnesses since
this is a Special Use Permit public hearing. The Clerk should swear in witnesses, including Mr.
Harvey.
The Clerk swore in all of the speakers as a group.
Michael Harvey: The purpose of my presentation is to review the basic information for
the application, allow the applicant to make their presentation to the Board concerning the
development of a private school at 711 Terry Road. As the Board is already aware, private
elementary schools and secondary schools are allowed in the Orange County Zoning
Ordinance based on the Class A Special Use Permit in accordance with Article 8 and specific
standards as outlined in Section 8.8.30. We are here tonight to go over those specific submittal
requirements of what is being requested by the applicant.
Michael Harvey made the following Power Point presentation.
Review of a CLASS A Special Use Permit application to develop a private school at 711
Terry Road
APPLICATION SPECIFICS:
'Applicant: Lisa Wallace
'Address: 711 Terry Road
'TMBL/ PIN: 5.10..22 /0806-76-4683,
"Size of Parcel: 14 % acres
'Zoning: Agricultural Residential (AR) Lower Eno/Little River Protected Watershed,
'Township: ENO
"Land Use Element Map (LUEM) Designation: Agricultural Residential
Aerial Photo of Property: photo
Request:
°Develop a private school based on the Montessori curriculum.
°Major emphasis on providing a farm/agricultural and science oriented curriculum including:
—Farm and crop production,
—Animal care,
—Recycling, composting, and water conservation activities/projects, and
—Study of the natural environment.
°School proposes:
—eighty (80) pre-school/kindergarten age children and
—forty (40) elementary school age children,
°Project will involve the construction of three (3) pre-school classrooms, one (1) elementary
classroom (1st through 3rd grades) and, one (1) upper elementary classroom (4t 6th
grades).
°The applicant states twelve (12) staff supporting the school's activities.
°With one (1) lead teacher and one (1) assistant per individual classroom.
Site Plan: .
Site Plan Detail — Buildings:
Michael Harvey: The first thing I want to bring to your attention, the site plan detail, with
respect to the buildings, we are showing you the classroom buildings. You will note that there
is an emergency vehicle lane that is proposed to go around the school. This emergency vehicle
lane was added to address the concern submitted by the Orange County Fire Marshal
concerning fire accidents. There are stacking lanes for student drop-off and pickup to the
southwest of the proposed classroom buildings and a separate travel lane to separate and
segregate vehicular access to this area, meaning that if you park and drop off a student, you're
not going to have to be walking out into the middle of oncoming traffic.
Elevations:
Michael Harvey: There is going to be a central courtyard area, and this area is to be utilized
for various purposes and is listed as both a garden natural area, small recreation area, which
will mainly be utilized for study purposes. Here is another elevation angle showing the area that
will not only afford some small recreation amenity, but will also allow pedestrian or student flow
through the site and connect classrooms if necessary, or the administrative staff.
Student Pick-up/Drop Off:
Parking:
This is a close-up view of the parking area and stacking area which I alluded to a few moments
ago. You will note that the stacking area, as I previously indicated, is segregated to separate
parked vehicles from those vehicles that are trying to access the site. This is not the only
parking for the facility, as there are 37 parking spaces to the north of the proposed
administration building and classrooms. You will also note on this slide the proposed
playground area, a 3,000-square foot area that is going to be to the east of the proposed
parking lot. The applicant is not proposing to have athletic fields, meaning that there is no
proposal at this time to have a baseball/football/soccer field. There will be no organized,sports
activities, at least none is proposed within this application.
Pasture/Farm Area:
Michael Harvey: This slide is intended to give you an idea of the proposed gravel driveway,
the location of the barn where animals will be housed. There is also proposed to be a
caretaker's cottage that will be housed with barn structure. One of the initial concerns on staff
was that if you're going to have animals on this property without 24-hour supervision, we were
concerned about animal safety. The applicant is proposing to have a caretaker's cottage that
will be an employee of the school and is going to be responsible for the care of the animals 24
hours a day. To my knowledge, they are going to be associated also with the activities of the
school in some type of administrative capacity, but I'll let the applicant get to that in greater
detail during their presentation.
Review of Project:
°Article Eight (8), the project meets all applicable criteria except one (1) specifically Section
8.8.30 of the Ordinance,
°Section 8.8.30 (3) (e) requires two (2) entrance ways for such projects.
*Staff recommended denial of the application based on this deficiency
*However, on June 16, 2008 staff was informed by the applicant that they would provide for two
(2) access points for this project off of Terry Road. An e-mail of the proposed reconfiguration
was submitted to staff showing the proposed second access point
°Staff received a revised site plan on June 19, 2008 showing the two (2) entrances onto Terry
Road
Revised entranceway detail:
Michael Harvey: The proposal is to create a circular drive around what is going to be the
property, the residual acreage from the subdivision and allow for two points of access, ingress
and egress with one way in and one way out. As previously indicated, the applicant informed
staff that they were willing to comply and asked that the Board review the proposed two-
entrance site plan.
Recommendations:
*Receive the Class A SUP Application,
°Conduct the Public Hearing,
°Receive any and all comments on the proposal, and
°Refer the Class A SUP application to the Planning Board for review and comment with a
request that a recommendation be submitted by August 14, 2008.
Commissioner Gordon: If you would please flip back to the site plan. My understanding from
what you said is there are going to be three preschool classrooms and then one for grades 1-3
and one for grades 4-6, but I see six classrooms and not five. I also see two outlying
temporary buildings.
Michael Harvey: I'll let the applicant address the temporary buildings. With respect to the
classrooms, the application indicates there's going to be three buildings reserved for preschool
and then two for the elementary school. I think the last building is proposed for growth, but right
now, they are only proposing to have 120 students.
APPLICANT:
Steve Yuhasz: I represent the Montessori Farm School and I have been sworn. First of all, I
want to thank the Board of Commissioners for scheduling this public hearing on a day when you
have a very extended agenda, and we will try to be as brief as we possibly can. Michael Harvey
did a good job of telling you what all the basic parts of this proposal are. I'm just going to go
through a couple of things that I think we need to specifically talk about. Let me start by
answering Commissioner Gordon's question. Each class will have no more than 20 students in
it. The proposal is to have eventually 80 preschool, 20 elementary, and so we would need four
buildings to house the 80 preschool students. I think the number that Michael showed as far as
counting the number of classrooms was just off. But we would propose that eventually, over
the course of time, we would fill up all six classrooms. The temporary buildings that are shown
are an alternative to immediately building. Right now the school is housed temporarily at the
educational building of the Abundant Life Church in Hillsborough. That's a temporary situation.
What we're hoping to do is, as soon as we get a site plan approved and acquire this property,
to start to move the school to this site. Fund raising activities have begun, but they're not there
yet, and at this point, we're not sure whether we're going to have the funding to complete the
permitted buildings initially or whether we're going to have to start with some temporary
classrooms. That's why we put the temporary classrooms on this site plan, hoping that you will
approve both, and hoping that we actually don't have to use the temporary classroom space,
that we'll be able to move immediately into the construction.
I just wanted to mention that I have spoken with the Fire Chief of Caldwell as late as yesterday
about the fire protection issues and we went through this, and he believes that as we develop
the final plans that we will be able to size the holding pond that's shown on the site plan just to
the east of this to be adequate to store the amount of water that they would need to fight fires at
this facility.
Regarding the second entrance, as you have the initial site plan, we only have a little bit of
frontage on there and it just didn't make sense to try to put two entrances in that small area. It
would not have served any particular purpose. And one of the things that the second entrance
is designed to provide is separation for school buses from other school traffic. Obviously, we're
not going to have any school buses here, so we didn't feel that was really necessary. HoxveweF,
we've reentered negotiations with the owner of this property, and she has agreed to recombine
and change her lot so as to allow us to have the second entrance further on up Terry Road to
provide an alternative entrance just in case we should need it. It's not one we would expect to
use very often. It enters into the back side of the parking lot. We would like you to coOsidor,
and the Planning Board to consider this particular plan that does show full compliance with the
ordinance.
The one last comment that I had, is that you will hear some concerns from some of the
adjoining property owners about the amount of traffic that this school will generate. Right now,
the traffic count on Terry Road is about 650 trips per day. We will probably eventually generate
something like 550 trips per day with this facility. The capacity of Terry Road is somewhere
7,500 to 10,000 trips per day. 8o, while it is true that this facility may in fact come close to
doubling the amount of traffic, it will not in any way come close to affecting the ability of Terry
Road to handle the traffic that's going to be generated. Unless there are some questions at this
point, I'd like to introduce Lisa Wallace Tate, who is the Head of School, and she's going to tell
you a little bit about the Montessori school and why we need to locate this particular facility in
this kind of rural area.
Commissioner Carey: I have one question that relates to the property that the second
driveway was carved out of. How does that property have access to their property?
Steve Yuhasz: That property is part of the lot that you see where there is an existing house on
that. There's a driveway that is adjacent to and south of that property. This really started as a
minor subdivision, and one of the conditions of a minor subdivision approval was that these two
lots have a joint driveway. That joint driveway has been built. What we've agreed to is that if
this special use permit is approved, then we're going to change the property line so that that
joint dhvevvoy, which straddled the property |ine, will become part of the individual residential lot.
Commissioner Carey: Go, the owner of that individual residential lot will use the driveway that
the school is using to access their property.
Steve Yuhasz: No. They will have their own driveway.
Commissioner Carey: It is not shown on either one of these maps.
Steve Yuhasz: This line right heFevvaothe proposed subdivision line when this was just a
simple subdivision. And the condition was that there be a joint driveway built along that
property line. That driveway has been constructed. So that is where this particular owner of
the house will access the property.
Commissioner Gordon: I just want to get straight exactly what we have here. There's a
difference in whether there's going to be 100 students or 120 students. Onetime | did see 8O
preschool students and 40 elementary. That would add up to six buildings and wouldn't involve
growth.
Steve Yuhasz: That's right. We don't expect that we will have 80 students on day one. I think
over a period of time the school enrollment will grow from the current approximately 50 to that
120, but we wanted to put everything on the site plan so that everyone would know what we
had anticipated and we would be able to grow into that without having to come back to the
Commissioners, without having to change the site plan, or change anybody's expectations.
Commissioner Gordon: Do you anticipate, or do they anticipate growing beyond the 120?
Steve Yuhasz: No. I think that, given the nature of the school, that is as large a student body
as they could reasonably handle.
Chair Jacobs: The numbers do vary within the document. Sometimes it says 100 students
and sometimes it says 120. Sometimes it says 11 staff and sometimes it says 12 staff. It
would just be nice if, when it comes back to us, it has the same numbers.
Steve Yuhasz: We will make sure that there is only one set of numbers when you consider it
when it comes back. I think that those numbers will be 120 students, 12 teachers, and 1 or 2
other staff, depending on whether the caretaker also has administrative duties or whether there
is an administrator in addition to the caretaker.
Let me point out one additional item. The house here is an existing old house that we thought
the Planning Department had required that it be removed as part of the subdivision approval.
The owner of this property has suggested that that's not the case. I haven't had the opportunity
today to check that. But, if it's not required to be removed as part of the subdivision, then we
would like the opportunity to investigate whether that is able to be reused as a caretaker's
residence. That will be removed if necessary, but we don't want that to be a condition of
approval. With that, Lisa Wallace Tate, Head of School and visionary.
Lisa Wallace Tate: I've been sworn. My name is Lisa Wallace Tate and I'm the Visionary and
the Head of School of the Montessori Farm School. We're unoD-profit. 5O1(c)3. and we're run
by a board consisting of parents. We currently have 48 students enrolled in preschool through
lower elementary, and once our new location is, we hope to expand to upper elementary. I
understand that was very confusing because, in all of the talks, what we had said was we'll start
with three preschool classrooms and we'll expand to four preschool classrooms, which will give
us 80 preschool students. But we will not begin with 80 preschool students. Hopefully we'll
begin wit vv
hGOinth� n� |ooation. It's our desire to teach children up to 6th grade, not only the
academics necessary to be competitive but also to teach sustainability and interdependency of
all that lives and thrives on the earth, and also the necessity of nature in farming and how it
relates to us on a daily basis. This is why we need this particular piece of land. We need the
- i
\
space,we need an interval setting, and we love this piece of land because it does have the
streams in the back, which would be protected, and will serve as nature study, and it has a
wonderful area right in the middle where we can build out school. It already has pasture for the
farm animals that we'd like to have. Right now, were looking at maybe a couple of goats and
maybe a sheep or two, and then every year we'd do a 4-H project where we borrow Gary
Nantz's dairy calves and the children work with them for six weeks, and then they show them at
the 4-H dairy show, and then we send them back to at Nantz spoiled rotten and they
probably aren't able to live in a pasture by themselves at that point. That's the kind of animals
that we're looking at. We of course have all of the typical classroom animals such as bunnies,
guinea pigs, gerbils, frogs, that type of thing. We're really not intending to raise the next
generation of farmers. What we intend to do is raise the next generation who will protect farms
and the farmers pet, and farming as a way of life.
Fred Stewart. I'm the architect and I have been sworn in. Is it possible to go back to the
courtyard sketches? Michael Harvey did a great job of describing the buildings, so I'll just
speak more to the aesthetic of it. There were three main objectives that I was asked to address
in the design. The first was that the design should blend into the neighborhood as much as
possible. The way to do that, we felt, which is also consistent with the school's mission, was to
have the buildings be drawn from farm vocabulary. The second was to reinforce the mission of
the school, which was to teach a strong connection of nature to children and also to help them
understand the responsibilities that are in farming, and to teach life responsibilities that farm life
can teach. The third was to utilize as many green strategies as possible. These would include
passive and active solar and rainwater catchment for reuse and the use of non-toxic materials
as much as possible. The reason for the courtyard was really two-fold. One of them was that
we wanted the roof of the buildings to minimize the impact on the site, and the other was to
create a protected environment for children to have a more concentrated connection to nature.
So the would be a play area. We wanted to site this as far back from the road as we could,
so there is a slight rise from the road that goes up to just the middle of the site, and then we
sited all of the buildings except for the barn just beyond that, lust back from the road on that
crest and behind some trees.
PUE_JI-J-CCPVIMENT:
Keith Tilley: I have been sworn. I have copies of a presentation here I'd like to pass out to the
County Commissioners. I'm representing a large percentage of our neighborhood here tonight,
and wanted to address the Council and the Planning Board. I'll share with you a little bit about
myself and my wife. We are the adjacent property owners to the southern side of this property.
You can't really see our property from this representation on the map here that you have in
front of you, but we own 21.5 acres to the south of this property. We purchased that land back
in November of 2005 with a specific intent around agricultural residential. We purchased the
land with a lot of specific purposes in mind. We had kind of our own unique vision and I wanted
to start off by saying tonight that we appreciate everything that the Montessori Farm School is
trying to do, we're not against their concept of what they're trying to build, but we are pretty
adamantly opposed to the location and the design of the layout that they've got. When we
purchased our land, we basically wanted a private location with limited views of other homes
and other houses in the neighborhood. We're actually current residents in Orange County now
living in Grand Oak Estates subdivision and have an acre lot and actually have fairly good
privacy in the neighborhood we're in, but we always had desired a much larger piece of
property with limited visibility and a quiet, peaceful setting. We have a lot of concerns with this
construction. Back last year, we actually started the process of building and actually hired our
first builder and hired him to build the desi ns and actually start the process, and he actually got
as far as getting the site permit filed with the County as well as our well and septic permits and
the sites picked out for our home, but actually never developed a plan so we ended up having
to let him go. So we started the process of actually interviewing new builders and actually hired
a design firm to build our house and actually got our plans back in November of '07. All this is
documented in the presentation, so I won't spend a lot of time, because I know we're kind of
short on time and everybody wants to move on. The point is that we were ready to move
forward actually building this year and it was kind of ironic that we got the notice from the Farm
School right at the beginning of May, right when we were getting ready to put our current home
on the market. So we've been on hold since that notice came out. We do have a site selected
and site plans, and we're ready to Fo||, but we're not prepared to build a half-million dollar home
right beside all of this cluster of buildings that you see presented here. Baeioa||y, on our p|oOs,
if you look at the plans we filed with the County, we are set back 600 feet off the road. There's
a hill on our property that rises from the front of Terry Road to 600 feet approximately back off
the road frontage, which actually puts our approved septic site right in the line in the same area
with these buildings basically. For those who aren't aware, the property was actually timbered
back about two years prior to our purchase and was largely timbered on our property and
largely timbered in the middle section of this land adjacent. So right where their buildings are
sitting is an area that was clear cut about three or four years ago, so there's no natural buffer
between the two properties other than just brush. There's a bunch of briars and weeds, but no
mature hardwoods of any type. Along with that, that's really our number one issue, I gueao, is
that the visibility of the site and the noise from the school would have a tremendous impact on
the reasons that we purchased the land. Also, we're very concerned with the traffic as was
previously mentioned. Yes, Terry Road can accommodate a fair amount of traffic, but that
doesn't necessarily mean that the community wants that traffic there. Today it's fairly quiet,
fairly peacefu|. not a lot of traffic going through and this project vVi||, as we've calculated as a
community, increase the traffic by about 500%, and we'd actually request a formal traffic study
to be conducted and looked at. The other issue that I'm really concerned about is my rights as
a landowner to continue to hunt and shoot firearms on my property. That was one of the
Specific intents when I first purchased this land was to be able to do that. I have major
concerns that my ability to be able to do that safely going forward with the school being right
next door, especially with no buffer in the area to protect or to protect the children.
Another issue that has come to light, I guess from the neighbors is that we're concerned that
two wells have been requested by the school and water usage from the school, and with the
drought in the area and the surrounding wells in the community, everybody has concerns about
what might.happen to wells on our property if the school is using that much water.
Another question or concern is impervious surface area. I'm not sure if that's been
investigated. I know it's very stringent in Orange County right now. Looking at the map, there's
a lot of concentrated driveway and buildings, and it looks just, at a high level, that it's over the
impervious surface area, and I'd like to request that that be reviewed and investigated. I guess
the next issue, of course, is lighting. We're concerned about light pollution as well on our
property. Right now when you go out on the property, it's very dark, obviously no visible street
lights. You can see stars at niQht, that sort of thing. I have a lot of concern with seven
buildings and a barn that would probably have security lighting and so forth around the outside
and what kind of light pollution that would generate into our area with no water or buffer
between the properties. It's hard to see from this diagram, but I have a m jor concern that
even though this is a fairly significant piece of property at 14.5 acrao, there's a whole large
chunk of the property in the back that's being protected, so the development is very
concentrated. So, if you look at the setbacks on the north and the south side of the property,
they are basically building in the current plan right up to the property line. There is very little
buffer to protect the owners to the south and to the north of the school plan currently. One of
the things that I would like to see personally amended into special use permits is that, if you're
going to grant a special use applicant access to the residential agricultural setting that you
would raise the minimum requirements of setback and buffer requirements. I think that in a
school scenario it would be very beneficial for any school in any location to have a minimum
100-foot hardwood buffer all the way around at least three sides of the property to protect
adjacent landowners and the students themselves.
To wrap up, boeioa||y, we started a petition in the neighborhood. As of today, 27 adjoining
landowners have signed the petition against the approval. I would like to submit that for the
Council's review. I appreciate your time.
Bill Boyarsky: I've been sworn. Thirty-one years ago my wife and I bought land on Terry
Road when it was still a dirt road. At the time, our road was defined a rural paradise to live for
the rest of our lives. We still intend to spend the rest of our lives out there. I'll first note that my
family is full of educators. I myself have volunteered extensively in the Orange County schools.
My concerns are not about the school; my concerns are about the accelerated change of the
loss of the rural nature of our street. In particular, I'd like to put a human face on traffic. For
the 31 years I've lived out there, I regularly walk the length of the road. Much of the time during
the year, the ideal walking time for walking time outside corresponds to the time school gets
out. When you are passed by traffic, you are forced off the edge of the road into grass, which
is wet and sometimes tick and chigger-laden. It can be fairly unpleasant. A number of times,
I've been nearly hit by cars, even though I walk opposing traffic, cars coming in my direction
passing at the same time, I mean within a fDVt, a scary distance. I know of at least two
neighbors, people on the road who walk regularly, who have been hit, one who ended up in the
hospital. Traffic has a very real face as far as I'm concerned. I would expect the school traffic
to be more conservative than most, but it always runs late, and you're a little bit careless when
you're in a hurry and you have to meet a deadline. I'm also one of the organizers of the Friends
of Terry Adopt a Highway. For more than 10 years we've been picking up trash, which is
generated by motorists. We pick up a lot of trash, and frankly, the trash is fairly proportionate
to the amount of traffic. I'm also fairly concerned about the traffic impact on wildlife. I'm an
amateur herpetologist. Our State reptile is the box turtle. I've been participating in a statewide
box turtle survey over the last few years. I can tell you that many, many years ago I had to stop
a number of times on my way to work, twice on the 1.2 miles toward Durham to pick up box
turtles and get them off the road. These days, I might see a box turtle on Terry Road once a
month. Box turtles are just one example of wildlife which is impacted by traffic. I did a little bit
of research on traffic myself. The Department of Transportation publishes statistics on 24-hour
counts. The last year published on the website was 2005 and the numbers were approximately
80 cars per day. That's only a four percent increase from 1999. In general, we're having a very
slow increase in traffic on the road. I wanted to understand what the peak traffic would be,
during the times of proposed pickup and drop off of students. My wife and I actually stood out
at the end of our driveway and took 15-minute interval data samples for a couple of days. We
determined that during peak times, conservatively, we're looking at a 2-415% increase. Keith
points out that I'm very conservative. I'd be glad to pass out my raw data and my assumptions
on.
One last point about the school site, just DVrthoftheoecoOdd[iveway. thanewdriVexvay. igg
downward sloping, north facing curve. This is actually probably the most dangerous piece of
road in the area. It is the last piece of road that melts snow or ice after winter weather. We've
had a number of cars run off the road right there. They're coming down Terry Road,
sometimes fast, and they don't see it because it's downward and on a curve. It's just downhill
from the new driveway.
He gave the data to the Clerk.
Scott Foster: I have been sworn. I live at 1111 Terry Road, less than half a mile from the
proposed school location with my wife and small child. I must say that I don't have a lot to add
to what the previous two speakers have told you. I just wanted to be here physically to show
that I'm a little concerned about the increased level of traffic and also, as Mr. Tilley pointed out,
it seems to me that if one was to grant an exception to established zoning such as this, that
there should be a much greater buffer around the property. I don't think that any of us would
appreciate having a business next door to them with almost 300 cars a day driving up the
driveway that was ten feet from this property.
Don Bagwell: I'm a sworn speaker tonight. Ladies and gentlemen of the Council, I'm a
resident of Terry Road community. As a past educator in the North Carolina system of higher
education, I am here this evening as one who is supportive of the advancement of education,
both private and public. I have long admired the Montessori school philosophy and unique
approach to academic instruction and reputation for academic excellence. Recently I attended
a comnlunitvmeeting concerning the proposed KAonteoeorischool deve|op[nent. the purpose of
[ny attendance was to express support for the new school and for the Montessori program in
general. After reviewing the proposed development in much detail, I must say that I was
impressed with the general architectural plan and commitment of resources. There ane,
however, critical aspects of this proposed development which I find inconsistent with the
fundamental objective of a farm/school concept and the surrounding community. The loton
which this development has to be constructed is inappropriate for the following reasons: the
lot
is much too narrow, which represents obvious issues related to over-crowding and limited to
both present and future development. A lot of my comments I will yield because previous
speakers have adequately addressed those issues. The space allocated for farming in the
portions of the lot which are available or suitable for farming appear quite limited and
• insufficient for both present and future development. You'll notice from the map that the area is
very much concentrated on what appears to be three or four acres. So the aspect that it's a 14-
parcel is a bit misleading in review back half of property, approximately half the
8�F� p�rc ,`
property is unusable because of its terrain and water areas. That being said, if the lot was
larger or shaped differently to allow sufficient buffering from surrounding neighbors in the
conl0uDitv. there vxoU|dbefeVVer objections to the dema|opnnent. Any planned development
xvhichconstitutes a radical departure from the overall theme of the community should have the
burden of respectfully submitting to the general will of the residents of that community, and that
includes appropriateness of location, design, and buffering for surrounding property owners. I
would ask the Commission that a formal traffic study be conducted to determine what the
impact is of this facility. And again, I'd like to remind the Commission that this is a commercial
' h but IRS has classified the
development. You can call it5D1(c)3o[you can caU it a sc o�|. b U
501(c)3 for business designation. So this does present a radical departure to this community.
Thank you very much.
Margaret Skulnik: I've been sworn. About 13 years ago, we purchased some land on Terry
Road. It was rung|, it was agricultural/residential zoDiOg, and it was really what we wanted.
However, there was a tradeoff. We have no sewer privileges, we have no water, we have no
garbage disposal, and we have no cable. So it's a tradeoff. You trade off some conveniences
for a rural lifestyle. And that's really what's at stake here, is that the owners of the property on
this road have a rural lifestyle. It's one that was chosen and it was one in which we accepted,
because it did have some drawbacks. I also believe that the Montessori school is a good
school. I have nothing against that school. However, I do believe that this is the wrong site for
this school. The traffic alone is going to be an issue. It's really hard to paint a picture. It is
really, really rural. There is no shoulder on this road. If 10,000 cars could be on this road, I'd
be really surprised. I don't know where that number came from. I'd like to see that
documented. I don't think that this road could handle that kind of traffic. I guess it becomes an
issue of what about the rights of the current homeowners on this particular strip of property.
think Mr. Bagwell said it well. I ask you to look out for the quality of life for those people who
already live here versus someone who is trying to come into that community. I thank you very
much and I urge you not to support this proposal.
Commissioner Gordon: What are the dimensions of the property? The front and the back,
and especially the front. The next question has to do with some of the things that are in the
agenda abstract. This is on page 2-3 and the Ordinance Requirements, #1 is Service
Provision, that Caldwell Fire Department has identified the need for a water source and the
water source must be designed and installed. I realize it needs to be approved. So there's the
fire water source and then there's the water source for the school as well. So that's just a
question about the water supply. And then the wastewater treatment plant and staff comment
is that the Health Department has expressed concern that the site plan does not appear to
show adequate area to support the necessary system for the school.
I guess the other question I had is what's the backup plan? What's the nearest public water
and sewer supply?
Michael Harvey: Specifically, the amount of frontage at the most widest point is 160 feet and
at the narrowest point is approximately 50, and that's at the proposed new entranceway.
Commissioner Gordon: When it gets back to the full width of the site, what is it?
Michael Harvey: Approximately 225 feet just behind the Mack property. The total width of the
property is 449 feet.
To answer your question about the water source, I'm actually going to ask the applicant to
address that.
Steve Yuhasz: Again, as I mentioned earlier, I did talk with the Fire Chief, Andy Gates, at the
Caldwell Fire Department. There is a pond proposed at the eastern edge of the site. That
pond will be sized in consultation with the Fire Marshal. We need to determine the construction
materials and the sequencing of the construction of the buildings and that is what we will need
to have further conversations with the Fire Marshal to determine exactly the size that he would
want that pond to be. That is yet to be determined, but he's given me his assurance that he
feels that the area that we've shown is going to be adequate to store the amount of water that
he anticipates he would need to fight a fire on this property. As far as the well sites, we do
show two well sites on this property. We don't anticipate drilling two wells. We just wanted to
make sure that we had a backup area if we did need to have a second well. The intention is
only to drill one well and that would serve the school facility. That is going to have to be
approved by the State because of the number of students that there will be at the facility.
Commissioner Gordon: I'm just doing the staff comments. Number 5, wastewater treatment
methods. I don't know if this is addressed someplace else, but it says, "does not appear to
show adequate area to support the necessary system," and "the applicant has indicated that the
septic area will be revised."
Steve Yuhasz: We have not had the Health Department out to specifically site a septic
system. There are a number of things that may be involved, we may move buildings around.
So, at this point, it would be premature to have the Health Department go out and actually
determine exactly where the system would be. The Health Department has indicated to me that
basically all of the soil that's in the medium green area where the buildings are sited, is suitable
for the installation of septic systems. We just need to make sure that we get everything sited in
a way that allows the amount of line that we need to have in that area. As we move along
further in the process we will make sure that, obviously the Health Department is going to have
to approve any septic system and it will have to be approved for the number of students that we
intend to have.
Commissioner Gordon: I guess I wasn't sure what your backup plan would be, but if for some
reason, there are problems encountered later and one does in fact have to go to public water
and sewer, how far away is it?
Michael Harvey: A long way. It would either be back to Hillsborough or somewhere in
Durham.
Commissioner Gordon: We've had a subdivision where there was a failure, and fortunately
the people there had means to pay for attaching a public water and sewer. I have no idea what
a 501(c)3 would have, but it's probably a non-profit.
Steve Yuhasz: It is a non-profit. The failure that you speak of was of a much bigger system
and a much different kind of system. This would be a large-scale, not really a community
system, but a system that is larger than your typical residential system, but would operate in
essentially the same way. And I think that there would be the same requirement for 100%
repair on this site before any system installation would be permitted.
Commissioner Gordon: How many gallons per minute would be required? Someone from
the Planning Department needs to find out this information.
Michael Harvey: The information that I have from the Health Department is that they are
looking at approximately requiring ten gallons per person per day, or 1,110 gallons of water per
day with the septic system and the reserve total area being 22,000-27,000 square feet in area
total. This is in the Health Department memorandum.
Steve Yuhasz: That would be approximately a half an acre.
Chair Jacobs: The emergency loop around buildings, is that going to be gravel or does that
have to be paved?
Michael Harvey: It will have to be paved.
Chair Jacobs: Why is that since it's for emergencies only?
Michael Harvey: I would be concerned about emergency vehicles making turns on gravel and
creating other problems.
Chair Jacobs: So, in trying to do green development, we're going to surround it with a ribbon
of permanent impervious surface.
Michael Harvey: I understand the Board's concern.
Chair Jacobs: It's just my concern.
Michael Harvey: I'll take that into consideration. My concern would be the perpetual
guarantee of adequate travel around the buildings.
Chair Jacobs: The notion of 24-hour animal care being required. Where's that in our
ordinance.
Michael Harvey: It's not in the ordinance at all; it's something that we expressed concern
about at the initial pre-development meeting about having animals on property with no
caretaker.
Chair Jacobs: The issue of impervious surface, which doesn't seem to be addressed in here.
Am I just missing that or is that not relevant?
Michael Harvey: I think it's always relevant to address issues of impervious surface.
Chair Jacobs: That's based on approximations?
Michael Harvey: It's based on the information that I have available. Of course, the revised site
plan I'm going to have to review to determine what impact that's going to have on what I've
already done as far as calculations.
Chair Jacobs: Are the buffers that are proposed for this development the buffers that are
required in this district, or are these reduced buffers based on the request of the developer?
Michael Harvey: They are buffers as proposed by the developer. I'd like to point out that the
buildings are several feet from the southern property line and 110 feet from the northern
property line respectively.
Chair Jacobs: So you're pointing that out to make what point?
Michael Harvey: One of the concerns was raised that there's going to be a lot of construction
near the adjacent or common property lines, and while I can see the point that the site plan
does show roadway improvements close to property lines, the physical buildings themselves will
be 85-110 feet away from various property lines.
Chair Jacobs: Yet they are only recommending a ten-foot buffer on the southern property line.
Michael Harvey: That is correct, and that's a concern we've already addressed with the
applicant.
Chair Jacobs: For the Attorney, as I recall, when we got enabling legislation to prohibit hunting
while under the influence of alcohol, we also limited shooting of firearms within 1,000 feet of a
school, is that correct?
Geof Gledhill: I do not recall.
Chair Jacobs: We do have a stipulation about distance from a school.
Geof Gledhil: I don't recall that either, but we can get that to you.
Chair Jacobs: I would suggest that the Planning Department do it since it's apparently an
issue for them. •
What's the speed limit on Terry Road? Is there a speed limit?
Michael Harvey: I'm going to say 55 miles an hour.
Chair Jacobs: One of the issues that we may want to at least talk to DOT about, it sounds
like, if this is to go forward, the speed limit, and that curve that Mr. Boyarsky was mentioning.
Does that have a sign on it that shows the curve? I would suggest that we might want to have
that conversation with DOT too. And then the issue of the buildings that are toward the western
end of this property that may or may not be removed. Is that a staff requirement that they be
removed?
Michael Harvey: The staff requirements for subdivision approval, we have not made any
recommendation at all for that approval, so we would be required they be removed. Ultimately,
because the subdivision, we have concerns about their proximity and location to common
property lines. And as part of the subdivision requirement, we are essentially going to be
asking this applicant about the removal of the structures.
Chair Jacobs: I would hope that if that is what's required, it seems consistent with the
philosophy of this owner that they be deconstructed and not demolished.
Michael Harvey: Understood, sir.
Chair Jacobs: Finally, on the issue of traffic, I think that this has been an issue in trying to
balance traffic counts and rural character. I think we had this conversation at one point about
what size subdivision was sufficiently large to affect rural character and therefore should be a
special use permit. I think the same way; there is an issue here that I don't think is resolved.
It's not just this subdivision or this proposal. At what point does the traffic, even though there is
a tremendous capacity in theory on the road, does it not change the rural character of the
community? And I don't think that the way that we measure traffic in our ordinance gets at that
adequately. We often hear these kinds of concerns from rural residents when the traffic
doubles and it's still only a thousand cars per day, "only" is a relative term, for them it's a huge
increase. So, I would hope that whatever we do with this, if the Planning Board members and
staff would think about how we might address this in a more systematic way so that we get at
the issue of rural character and traffic and not just straight traffic counts.
Chair Jacobs: Unless there are questions, I need a motion to refer the Class A SUP
application to the Planning Board for review and comment with a request that a
recommendation be submitted no later than August 14, 2008.
Geof Gledhill: Mr. Chair, let me suggest that the action you take is to adjourn the public
hearing to the meeting you want to consider this again to receive the Planning Board's
recommendation and any additional written evidence that's submitted to the Planning Board in
the meantime.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to adjourn
the public hearing to August 19, 2008 to receive the Planning Board's recommendation, along
with any additional written evidence submitted to the Planning Board.
VOTE: UNANIMOUS
6. ����U���genda
a. Approval of Fiscal Year 2008-09 Budget Ordinance, Capital Pmoiemt
Ordinances, and Grant PmNiectKDrdinances
The Board considered adopting the County's budget ordinance School and County
capital p ject ordinances, and County grant p ject ordinances for fiscal year 2008-09 and
authorizing a Parks Conservation Technician II position, effective October 1, 2008, at no
additional cost to the FY 2008-09 approved General Fund Budget.
Laura Blackmon made reference to the abstract, which outlined the decisions of the
Board at the last w ork session.
Chair Jacobs pointed out that the County Commissioners were handed a written
explanation of two shifts in the funding in the Sheriff's Department and the Health Department
that would not incur additional costs. This includes hiring of two new deputies in the Sheriff's
Department and a continuation of the Volunteer Coordinator position in the Health Department.
Commissioner Gordon asked that an explanation be provided for these two changes.
Donna Coffey said that, according to the numbers, there would be no additional cost for
the two Sheriff's Deputies. The cost of the Volunteer Coordinator would be $3,971. Instead of
being an Administrative Assistant |, it would be a Volunteer Coordinator. This is a trade. The
Sheriff's proposal is to trade vehicles for two deputy positions at no additional costs to the
County.
Commissioner Foushee said that those positions would include benefit costs associated
with the staff.
Commissioner Gordon did not understand how the amounts could be exactly the same.
Donna Coffey said that the revenues associated with the Administrative Assistant I position
would also transfer to the Volunteer Coordinator. That is how there is a wash of County funds.
Health Director Rosemary Summers said that there is some carry forward money that
has not been expended that will be continuation funding from the State in future years. This
funding will be used to make up the difference in the Volunteer Coordinator's salary. In future
years, there will be a permanent allocation from the State. She said that the revenue
projections ar8 $15.00OfortheAd0iniot[ativeAsoiot8DtmDd $21.00OiOK8edicaidod[ninistrmtivo
draw downs, and the additional $10,000 carried forward from this year. There is also $10'000
from CERT, but that is already assigned to the Volunteer Coordinator position.
Commissioner Gordon said that she would like a proposal for this and the numbers.
Commissioner Carey suggested that the Board a pprove this change in position and ask
the Health Director to bring the numbers back in August, since it will not increase the spending
for personnel.
The Board agreed.
Commissioner Gordon pointed out that she was one of the two Commissioners that
voted for the position that the Board is now restoring (Volunteer Coordinator for CERT).
There was no discussion on the two Deputies.
Chair Jacobs said that the budget remains unchanged.
Laura Blackmon said thatthereiaoOmdditioniOtheabot[actabVutpVotponingthe \8/eet
Ten Soccer Complex for a year and postponing opening Northern Park to April. The position
needed to take control of this park would be starting in October.
Donna Coffey said that there would be no additional cost to the County with the addition
of one FTE.
Commissioner Gordon said that her understanding is that the only thing the Board
cannot change is the tax rate, so if there is some mistake, then things need to be worked out so
that the tax rate will not be changed. •
Commissioner Nelson said that he did not get this until 11:00 p.m. last night and he has
discomfort in voting for this since he has not really read it, but he will rely on his fellow
Commissioners. He said that when the Board had its retreat earlier this year, there were many
goals with budget implications, but they were not able to review this and he feels like he was not
an active part of this budget. Next year, he would like things to be done differently. A proposal
for setting up money for energy efficient features was one goal he wanted to implement.
Another issue was a request that came to him from people of moderate incomes that live near
public water and sewer but do not have the financial means to hook up to it. The people were
requesting that the County Commissioners set up a fund to assist families of modest means for
this. He would like to request setting up a Retreat Planning Committee with two members of
the Board of County Commissioners working with the Manager.
Chair Jacobs thanked the Manager and staff for the work done to get the Board to this
point. He said that advocates are needed for the County and he has proposed that the
Manager do this. He pointed out that 80% of the cuts from the budget were out of the County.
He expects that part of this is that the County Commissioners do not see the same amount of
angst and pain from the staff as it does from the schools. He said that the Chair and Vice-Chair
have talked about having another work session when the Board returns in August to discuss the
budget process again. He would suggest writing comments to the Manager about the budget
process in the fall, as has been done before.
Resolution of Intent to Adopt the 2008-09 Orange County Budget:
Commissioner Gordon asked about the changing of the positions that were just added.
Donna Coffey explained that, instead of the Administrative Assistant I for the Health
Department, it would become the Volunteer Coordinator Position for the CERT program. In
Parks and Recreation, there would be a position added effective October 1, 2008, a Parks
Conservation Technician II. Commissioner Gordon asked if this would change the numbers
and Donna Coffey said that it would not change the bottom line for the General Fund.
Commissioner Gordon suggested additional wording for the resolution.
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
approve the Resolution of Intent to Adopt the 2008-09 Orange County Budget, with position
changes and the stipulation that the Board will receive the language about the changes in the
financial detail.
VOTE: UNANIMOUS
Resolution of Intent to Adopt the 2008-09
Orange County Budget
The items outlined below summarize decisions that the Board acted upon June 17,2008 in approving the 2008-09 Budget.
WHEREAS,the Orange County Board of Commissioners has considered the Orange County 2008-09
Manager's Recommended Budget; and
WHEREAS, the Commissioners have agreed on certain modifications to the Manager's Recommended Budget;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners expresses its intent
to adopt the 2008-09 Orange County Budget Ordinance on Tuesday, June 24, 2008, based on the following
stipulations:
1) The following position changes to existing positions and additions to existing staffing levels, as
presented in the 2008-09 County Manager's Recommended Budget on May 20, 2008, are
approved:
County
Department Position Title Approved NFY 2008- 9Funding for Approved FTE
Administrative Assistant((Eldercare&Retired Senior Volunteer Program)- $10,489 0.75
Transition from long-term temporary to permanent FTE
Aging
Office Assistant I-Transition from long-term temporary to permanent FTE $9,148 0.50
Animal Care Technician(Shelter)-Transition from long-term temporary to $13,628 1.00
permanent FTE
Animal Services
Veterinary Health Care Technician(Shelter)(Effective 01/01/2009) $17,835 1.00
Assistant Fire Marshal $48,831 1.00
Emergency Services
Emergency Medical Technician-Transition from long-term temporary to $76,484 4.00
permanent FTE
Emergency Telephone Fund E911 GIS Mapper II(Full cost offset with Subscriber Fees) $0 1.00
Financial Services Financial Services Technician-Transition from long-term temporary to permanent $16,120 1.00
FTE
Administrative Assistant I $3,971 1.00
Dental Hygienist ($5,401) 0.20
Health Department
Dental Hygienist(Community Dental Care Coordinator) $10,170 1.00
Family Nurse Practitioner II $9,589 0.50
HousinglCommunity Development Director-Increase General Fund Support-no $81,714 0.00
change in FTE
Housing&Community
Development Fund Office Assistant II-Transition from long-term temporary to permanent FTE(Full $0 1.00
cost offset with Federal Section 8 funds)
Building Maintenance Technician(Effective 01/01/2009) $44,243 1.00
Office Assistant(Buildings and Grounds)-Transition from long-term temporary to $7,274 1.00
Public Works permanent FTE
Office Assistant I(Motor Pool)-Transition from long-term temporary to permanent $5,846 0,50
FTE
Sustainability Coordinator-Transition from long-term temporary to permanent $0 1.00
Purchasing&Central Services FTC
Value Engineer-Transition from contract to permanent FTE $0 1.00
Sheriff Deputy I $191,094 4.00
Social Services Social Worker II(Adolescent Parenting)-Transition from long-term temporary to $0 2.00
permanent FTE
Solid Waste Enterprise Fund Heavy Equipment Mechanic I-Transition from long-term temporary to permanent $0 1.00
FTE
Total $541,035 25.45
All positions authorized to begin July 1, 2008 unless otherwise noted.
2) The following modifications to the County Manager's Recommended Ad Valorem Tax Rate, as
presented in the 2008-09 County Manager's Recommended Budget on May 20, 2008, are made:
Appropriations:
1. Maintain Outside Agency Funding at FY 2007-08 Levels(with exception of agencies receiving special one-
time appropriations in FY2007-08) (361,630.00)
2 Animal Services-Delete Recommended Animal Care Technician(Shelter) (17,835.00)
• 3 Parks&Recreation-Delete Recommended Parks Conservation Technician I (50,712.00)
4 Parks&Recreation-Delete Recommended Parks Conservation Technician II (54,445.00)
5 Public Works-Delete Recommended Senior Building Maintenance Technician (46,909.00)
6 Health-Delete Recommended Senior Public Health Educator(Volunteer Coordinator) (58,281.00)
7 Health-Delete Recommended Public Health Nurse II (Communicable Disease Nurse) (61,689.00)
8 Library-Delete Recormended Additional General Fund Support for Library Office Supervisor II (20,746.00)
9 Planning-Delete Recommended Increased Hours for Planner II(Land Use/Transportation Planner) (23,469.00)
10 Emergency Services-Delete Recommended Paramedic (49,137.00)
11 Information Services-Delete Recommended Systems Analyst (63,664.00)
12 Sheriff-Delete Two Recommended Deputy Sheriff Positions (196,430.00)
13 Tax Assessor-Delete Recommended GIS Mapper I (44,137.00,
14 Countywide-Implement a 3-Month Hiring Delay for All County Positions (400,000•00)
15 Orange Public Transportation-Eliminate Vacant Full-Time Equivalent Positions(Positions#659,#660, (67,383.00;
16 Orange Public Transportation-Restore Temporary Funding for Drivers 40,397.00
Narks 8t Recreation-operational and Capita Savings generated by Postponed Opening ot Northern tsr
17 West Ten Parks (171,633.00,
Employee Pay&benetits(Countywide)-Kedcue Cost of Living Adjustment tor Employees trom
18 Recommended 2.5%to 2.25%Effective July 1,2008 (100,007.00)
Employee Pay&benetits(Countywide)-Reduce In-Range Salary Adjustments trom Recommended 1 b
19 and 3%to 1%and 2%Effective on Employee Review Dates (25,500.00)
20 Errloyee Pay&Benefits(Countywide)-Postpone Implementation of Phase I of the Pay and Class Study (225,000.00,
21 Delay Link Center Renovations for One Year (1,000,000.00,
22 Delay-Purchase of Central Permitting System Software for One Year (325,000.00)
Public VVbrKs-Reduce Recommended berating Costs tor the Justice Facility(Actual Date ot Facility
23
opening• is Later Than Recommended Budget Provided For) (38,000.00)
Public Works-Reduce Recommended Operating Costs tor the Uttice and Library(Actual Date ot Facility
24
Opening is Later Than Recommended Budget Provided For) (125,000.00;
Social Senvices-Reduce Recommended Operating Costs for Hillsborough Commons(Actual Date ot
25 Facility Opening is Later Than Recommended Budget Provided For) (532,494.00)
Economic Developrnent-Postpone second Phase ot Funding for Loan Pool until First Phase monies Are
26
Expended (75,000.00;
27 Housing&Community Development-Maintain Urgent Repair Allocation at FY 2007-09 Level of$50,000 (50,000.00)
28 Bland Sewer Operating-Reduce General Fund Subsidy by 1/3 Pending Outcome of Ongoing Rate Study (40,000.00)
Manning-Non-Departmental-Fund One-Halt to Anticipated Eno Economic Development Uistnct Study in
29 FY 2008-09 and One-Half in FY 2008-09 (25,000.00,
30 Health-Eliminate County Match for Health 4 Kids Program (11,000.00)
Human Resources-Non-L)epartmental-Maintain Drug I esting at FY 2U//-Uti and Continue Curret
31 Testing Policies (7,000.00,
Human Resources-Hold Employee Events at County Unwed Facilities and Eliminate Funding tor Kent of
32 Non-County Facilities (10,000.00)
33 Planning-Conduct In=House Training and Reduce Training Line Item (4,000.00)
outside Agency Appropnations-increase Appropriation to Club Nova brining FY 211W-U9 I oral Allocation
34 to$75,000 68,000.00
BOW Contingency-Increase to Allow tor County Attorney Search($2b,UUU)and Undeslgnated
35 Emergency Reserve Funds($15,000) 40,000.00
36 Human Rights&Relations-Delay Teen Girl Mentoring Program (1,500.00)
37 Planning-Eliminate Funding for Non-Essential Memberships (9,000.00)
38 Parks&Recreation-Reduce County Support to Jazz Festival (5,000.00)
39 ERCD-Reduce County Support to Triangle Land Conservancy(Reduce from$25,000 to$20,000) (5,000.00,
40 Human Rights&Relations-Combine Annual Community Dinner with Human Relations Kick-Off (1,500.00)
41 County Manager-Implement Electronic Agenda Review Process (2,500.00)
42 Economic Development-Eliminate Funding for Research Triangle Partnership (18,504.00)
43 Countywide-Reduce Travel Line Item in All Departments by 25% (34,347.00)
44 Aging-Change Distribution Interval/Means of Senior Times Publication (17,500.00)
rrai F{narric nt I-rii iratinn-HPfii WY?(:urrPnt F-xnense Fundina to Reflect 3v/o Salary Increases for Certified
Revenues:
ubb intergovernmental-Reduction based on Lower operating costs Associated witn
1. Opening of Hillsborough Commons (226,247.00)
Ad Valorem Hroperty I ax-Reduce trom Recommended Kate ot 1U3.8 cents per$1UU
2 valuation to 99.2 cents per$100 valuation (5,061,421.00)
Total Changes to Recommended Revenues (5,287,668.00)
3) The total current expense appropriation for Schools is $60,582,479. The
appropriation to the Chapel Hill-Carrboro City Schools is $37,456,049 and the
appropriation to the Orange County Schools is $23,126,430. The per pupil
allocation is approved at $3,200.
4) The recurring capital outlay for both school districts is $2,570,635 and is hereby-
appropriated $1,579,005 for Chapel Hill-Carrboro City Schools for recurring
capital. There is hereby allocated $991,630 for Orange County Schools for
recurring capital.
5) The County's ad valorem contribution to Chapel Hill Carrboro City Schools and
Orange County Schools totals $90,180,363 or 49.3% of the County's total
General Fund budget of $183,005,580.
6) The Ad Valorem property tax rate shall be set at 99.8 cents per $100 of
assessed valuation, an increase of 4.8 cents over the fiscal year 2007-08 rate of
95 cents.
7) The Chapel Hill-Carrboro City School District Tax shall be set at 23 cents per
$100 of assessed valuation, an increase of 2.65 cents over the fiscal year 2008-
09 rate of 20.35 cents per $100 assessed valuation. The Chapel Hill-Carrboro
Board of Education's 2008-09 requested budget included a 7.06 cent increase in
the special district tax rate.
8) The Fire District tax rates shall be set at the following rates (all rates are based on cents per$100
of assessed valuation):
• Cedar Grove 7.30
• Chapel Hill 4.90
• Damascus 6.00
• Efland 5.225
• Eno 5.70
• Little River 4.60
• New Hope 6.75
• Orange Grove 4.20
O Orange Rural 6.30
• South Orange 9.50
• Southern Triangle 6.00
• White Cross ,6.00
9) Provide for a County pay and benefits plan that includes:
2.25 percent Cost of Living increase effective July 1, 2008 for permanent employees
In-range salary increases ranging from 1%to 3% percent for employees whose work performance is rated
proficient or higher work performance effective on the employees' performance
FY 2008-09 Budget Ordinance:
Commissioner Gordon asked how to track the Solid Waste Landfill Operations
Enterprise Fund and whether it was from General Fund Balance or another reserve. Donna
Coffey said that it was accumulated from Solid Waste fees. It is called a reserve.
Section I—Budget Adoption
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
approve the FY 2008-09 Budget Ordinance.
Fiscal Year 2008-09
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption
There is hereby adopted the following operating budget for Orange County for this fiscal year
beginning July 1, 2008 and ending June 30, 2009, the same being adopted by fund and activity,
within each fund, according to the following summary:
Fund Current Interfund Fund Balance Total
Revenue Transfer Appropriated Appropriation
General Fund $178,352,035 $2,653,545 $2,000,000 $183,005,580
Emergency Telephone Fund $718,223 $0 $5,494 $723,717
Fire Districts Fund $3,010,335 $0 $52,109 $3,062,444
Section 8 (Housing) Fund $3,975,720 $81,714 $0 $4,057,434
Community Development
Fund $810,651 $329,961 $0 $1,140,612
Efland Sewer Operating Fund $62,000 $82,250 $0 $144,250
Revaluation Fund $136,000 $0 $47,249 $183,249
Visitors Bureau Fund $1,014,000 $0 $7,889 $1,021,889
School Construction Impact
Fees Fund $2,070,000 $0 $0 $2,070,000
Solid Waste/Landfill
Operations Enterprise Fund $8,839,528— $0 $1,656,935 $10,496,463
SportsPlex Enterprise Fund $2,217,800 $700,000 $0 $2,917,800
Section II. Appropriations
That for said fiscal year, there is hereby appropriated out the following:
__
Function Appropriation
General Fund
and $9,524,681
Governing on308�
General Services $12,853,067
Community and Environment $4,138,847
�3Oo80.871
Human Services $36,695,871
Public Safety $17,184,424
Culture and Recreation $3,688,588
Education __ $64,722,715
Debt Service ' $26,105,85
Transfers to Othe Funds $0,091,52
Total General Fund $183,005,580
Emergency Telephone System Fund
Public Safe $723,717
Total Emergency Telephone System Fund *733,717
Fire Districts
Cedar Grove $171'189
$996
Chapel Hill _
Damascus $45,976
Efland . $295,49
Eno $339,941
�O�3
Little River $166,035
New Ho $354,783
Orange Grov $25 9,666
Orange Rural $641.640
$429,969
South Orange l,
Southern Tri $167
,726
.720
0u7
White Cross __� $189,027
Total Fire Districts Fund $3,062,*44
Section 8(Housing)Fund
Human Sery $4,057,434
'057.4o4
Total Section 8 Fund $4,057,434
Community Development Fund(Affordable Housing Program)
Human Sery �3uo
ioeo -- $329,961
�m/�mm��o��m�/6md��m��8h����� $329,961
onmmuni�Development Fund(HOME Pouq� F-
m}
Human Servi $810,651
, .ao1
Total Community Development Fund $810,651_
E8and Sewer Operating Fund
$144,250
General Services _ '
rom/EflandSewm/OpmatingFund $144,250
Revaluation Fund
$183,249
General Services _— • $183.
T»m/Rn,aluebvnFund *183,249
Visitors Bureau Fund —_
Community and Environment $1.021.889
Total Visitors Bureau Fund $1,021,889
School Construction Impact Fees
Transfers to Other Funds $2.070.000
Total School Construction Impact Fees Fund $2,070,000
Solid Waste/Landfill Operations Enterprise Fund
Solid Waste/Landfill Operations $10.496.*83
Total Solid Waste/Landfillqpwmhono_ *10,496,463
SpvnaPivvsnmrp o Fund
un u
Culture and Recreation __ $2.917.800
Total apvmsPlex Enterprise Fund *2,917,800
__
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year beginning July
1, 2008 and ending June 30, 2009, to meet the foregoing appropriations:
Function Appropriation
General Fund
Property Tax $128,303,689
Sales Tax $18,857,310
Licenses&Permits $288,000
Intergovernmental $18,303,162
Charges for Services $10,859,803
Investment Earnings $840,000
Miscellaneous $900,071
Transfers from Other Funds $2,653,545
Appropriated Fund Balance. $2,000,000
Total General Fund $183,005,580
Emergency Telephone System Fund
Charges for Services $718,223
Appropriated Fund Balance $5,494
Total Emergency Telephone System Fund $723,717
Fire Districts
Property Tax $3,005,156
Investment Earnings $5,179
Appropriated Fund Balance $52,109
Total Fire Districts Fund $3,062,444
Section 8(Housing)Fund
Intergovernmental $3,975,720 ,
Transfer from General Fund $81,714
Total Section 8 Fund $4,057,434
Community Development Fund(Affordable Housing Program)
Transfers from Other Funds $329,961
Total Community Development Fund(Affordable Housing Program) $329,961
Community Development Fund(HOME Program)
Intergovernmental $751,093
Transfer from General Fund $59,558
Total Community Development Fund(HOME Program) $810,651
Efland Sewer Operating Fund
Charges for Services $62,000
Transfers from Other Funds $82,250
Total Efland Sewer Operating Fund $144,250
Revaluation Fund
Transfers from Other Funds $136,000
Appropriated Fund Balance $47,249
Total Revaluation Fund $183,249
Visitors Bureau Fund
Occupancy Tax _ $900,000
Sales&Fees $1,000
Intergovernmental $103,000
Investment Earnings $10,000
Appropriated Fund Balance $7,889
Total Visitors Bureau Fund $1,021,889
School Construction Impact Fees Fund $2,070,000
Impact Fees
Total School Construction Impact Fees Fund $2,070,000
•
Solid Waste/Landfill Operations Enterprise Fund
Sales&Fees $8,032,506
Intergovernmental $395,622
Miscellaneous $0
Licenses&Permits $111,400
Interest on Investments $300,000
Transfers from Other Funds $0
Appropriated Reserves $1,656,935
Total Solid Waste/Landfill Operations $10,496,463
SportsPlex Enterprise Fund
Charges for Services $2,217,800
Transfers from Other Funds $700,000
Total SportsPlex Enterprise Fund $2,917,800
Section IV. Tax Rate Levy
There is hereby levied for the fiscal year 2008-09 a general county-wide tax rate of 99.8 cents
per$100 of assessed valuation. This rate shall be levied in the General Fund. Special district
tax rates are levied as follows:
Cedar Grove 7.30
Chapel Hill 4.90
Damascus 6.00
Efland 5.225
Eno 5.70
Little River 4.60
New Hope 6.75
Orange Grove 4.20
Orange Rural 6.30 •
South Orange 9.50
Southern Triangle 6.00
White Cross 6.00
Chapel Hill-Carrboro School District 23.00
Section V. School Current Expense
The current expense allocation for both school districts is $60,582,479. Of that total, there is
hereby allocated a lump sum of $37,456,049 for Chapel Hill-Carrboro City Schools and
$23,126,430 for the Orange County Schools. This appropriation equates to $3,200 per student
based on the March 2007 North Carolina Department of Public Instruction certified average
daily membership of 11,705 for Chapel Hill-Carrboro City Schools and 7,227 for the Orange
County Schools.
Section VI. School Recurring Capital Outlay
The recurring capital outlay for both school districts is $2,570,635. There is hereby
appropriated $1,579,005 for Chapel Hill-Carrboro City Schools for recurring capital. There is
hereby allocated $991,630 for Orange County Schools for recurring capital.
Section VII. Reserve for Fair Funding for Schools
There is a Reserve for Fair Funding for Schools included in the Education function of the
General Fund totaling $988,000. The Reserve fund is to be contractually
distributed equally to the two school systems with Chapel Hill Carrboro City
Schools receiving $494,000 and Orange County Schools receiving $494,000 to
address school safety and health needs.
Section VIII. Schedule B License
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North Carolina
State Statutes, and any other section of the General Statutes so permitting, there are hereby
levied privilege license taxes in the maximum amount permitted on businesses, trades,
occupations or professions which the County is entitled to tax.
Section IX. Animal Licenses
A license costing $5 for sterilized dogs and sterilized cats is hereby levied. A license for un-
sterilized dogs and a license for un-sterilized cats is $30 per animal.
Section X. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
e Salaries of County Commissioners will be adjusted by any cost of living increase, any in-
range salary increase and/or any other general increase granted to permanent County
employees. For fiscal year 2008-09, this includes adjusting Commissioners' salaries
effective July 1, 2008 by the equivalent of the 2.25 percent Cost of Living Adjustment
increase for permanent employees and adjusting Commissioners' salaries effective
December 1, 2008 by the equivalent of the 2 percent In-Range Salary increase for
permanent employees.
e Annual compensation for County Commissioners will include the County contribution for
health insurance, dental insurance and life insurance that is provided for permanent County
employees, provided the Commissioners are eligible for this coverage under the insurance
contracts and other contracts affecting these benefits.
• County Commissioners' compensation includes eligibility to continue to participate in the
County health insurance at term end as provided below:
✓ If the County Commissioner has served less than two full terms in office (less than eight
years), the Commissioner may participate by paying the full cost of such coverage. (If
the Commissioner is age 65 or older, Medicare becomes the primary insurer and group
health insurance ends.)
✓ If the County Commissioner has served two or more full terms in office (eight years or
more), the County makes the same contribution for health insurance coverage that it
makes for an employee who retires from Orange County after 10 years service as a
permanent employee. If the Commissioner is age 65 or older, Medicare becomes the
primary insurer and group health insurance ends. The County makes the same
contribution for Medicare Supplement coverage that it makes for a retired County
employee with 10 years service.
• Annual compensation for Commissioners will include a County contribution for each
Commissioner to the Deferred Compensation (457) Supplemental Retirement Plan that
is the same as the County contribution for non-law enforcement County employees to
the State 401(k) plan.
Section Xl. Budget Control
General Statutes of the State of North Carolina provide for budgetary control measures to exist
between a county and public school system. The statute provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call for, and the
Board of Education shall have the duty to make available to the Board of County
Commissioners, upon request, all books, records, audit reports, and other information
bearing on the financial operation of the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget administration
and review:
That upon adoption, each Board of Education will supply to the Board of County
Commissioners a detailed report of the budget showing all appropriations by function
and purpose, specifically to include funding increases and new program funding. The
Board of Education will provide to the Board of County Commissioners a copy of the
annual audit, monthly financial reports, copies of all budget amendments showing
disbursements and use of local moneys granted to the Board of Education by the Board
of Commissioners.
Section XII. Internal Service Fund- Dental Insurance Fund
The Dental Insurance Fund accounts for the receipt of premium payments from the County for
its employees and from the employees for their dependents, and the payment of employee
claims and administration expenses. Projected receipts from the County and employees for
2008-09 are $ 394,631 and projected expense for claims and administration for 2008-09 is
$439,335.00. An allocation of$44,704.00 will be made from reserves in the fund to balance.
Section XIII. Encumbrances
Operating funds encumbered by the County as of June 30, 2008 are hereby re-appropriated to
this budget.
This budget being duly adopted this 24th day of June 2008.
Donna Baker. Clerk to the Board Barry Jacobs, Chair
Valerie Foushee, Vice Chair Alice Gordon
Moses Carey, Jr. Mike Nelson
VOTE: UNANIMOUS
Link Center Renovations Capital Project Ordinance:
A motion was made by Commissioner Gordon seconded by Commissioner Foushee to approve
the Link Center Renovations Capital Project Ordinance for a total project budget of$100,000
with no additional funds for FY 2008-09.
Information Technology Capital Project Ordinance:
A motion was made by Commissioner Carey seconded by Commissioner Foushee to approve
the Information Technology Capital Project Ordinance for a total project budget of$3, 326,000
with $375,000 in additional funding for FY 2008-09.
Summary of Grant Project Ordinances:
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
approve the Grant Project Ordinances.
VOTE: UNANIMOUS
Commissioner Nelson said that at the work session, he would like to talk about next
year's retreat because the retreat is the beginning of the budget process. Chair Jacobs said
that the Board could talk about the budget process at the work session also.
Laura Blackmon said that the Board normally holds a retreat in January and that is too
late to start talking about the budget.
Chair Jacobs said that the retreat should be structured so that new members can
participate in the retreat process.
Commissioner Carey said that at one time the County Commissioners did have the
retreat early enough to adopt Board of County Commissioners goals in March. This is what the
Manager used to develop the recommended budget.
b. Proposed Final Draft Eno EDD Area Small Area Plan
The Board considered adoption of the Eno EDD Area Small Area Plan.
Perdita Holtz said that this item is to consider adoption of this plan. There were several
comments made at the QPH on May 19th, and in response, staff made three main revisions.
First of all, there was a reserve area for utility planning purposes to the southwest of the focus
area. This has been removed from all of the maps and the text. Secondly, the Durham Urban
Growth Area Boundary was added to all of the maps. Thirdly, the City of Durham's existing
water and sewer and annexation policies were added more prominently to the plan. The
Planning Board's recommendation was approval with several comments on page 3 of the
abstract. Staff has made comments and recommendations to those Planning Board comments,
which are included on Attachment 3. Administration recommends that the Board give staff
direction regarding the Planning Board comments, adopt the small area plan, incorporate any
BOCC revisions, and continue dialogue with City of Durham officials in the near future
regarding an interlocal agreement.
Chair Jacobs made reference to Appendix A, the Proposed Permitted Use Table. He
said that this is referenced but not adopted and Perdita Holtz said yes.
Chair Jacobs suggested saying that it is referenced but not adopted and should be
further reviewed, atrea[D|ined, and simplified.
Chair Jacobs said that every year when there is discussion about improvements to 1-85,
there is discussion about the wildlife corridor under the interstate and having specific requests
to DOT when it does address change to 1-85. He wants to make sure that this is included and
to say that what DOT is doing is acceptable. He suggested referring to the TIP request for
improvements to 1-85 and including it by reference in this document.
Commissioner Gordon said that the Planning Board has reservations about the
Permitted Use Table in Appendix A, and also the proposed definition of the proposed new land
use category of Eno Mixed Use. She would like to address the definition issue because the
Planning Board has serious concerns about this.
Geof Gledhill said that the Board could take the new language to public hearing in
August and revise the definition. Then an amendment to the plan could be adopted. This is the
cleanest way to do it.
Commissioner Gordon asked about the Permitted Use Table and Geof Gledhill said that
Chair Jacobs' suggestion would eliminate that table as part of the plan. Use tables are not
usually in small area plans.
Commissioner Gordon said to try and resolve this in a public hearing. Perdita Holtz said
that August would be very quick to do this. Geof Gledhill said that November would work.
Planning Director Craig Benedict said that staff will add wildlife corridor language by
reference.
Chair Jacobs stated his recommended motion.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
adopt the Eno EDD Small A �g Plan xvithproposed Pernli�edUse Table included iO Appendix A
as ferred to but not adopted, which will be further reviewed, streamlined, and simplified to
make it more compatible w ith existing Orange County ordinances; the proposed definition for
the new land use category of Eno Mixed Use will be further reviewed at a public hearing to
define appropriate proportions of uses; and Orange County's recommendations in the TIP
related to improvements to Interstate 85 will be included by reference in the appropriate place in
the Eno EDD Small Area Plan.
VOTE: UNANIMOUS
c. Adoption of Final Technical and Community-Specific Criteria in the Transfer
Station Siting Process
The Board considered formal approval of Technical and Community-Specific Criteria as
recommended by, Olver, Inc., based upon public comment received and direction provided by
the BOCC during the Transfer Station Siting work session on June 10, 2008.
Laura Blackmon made reference to the proposed criteria discussed at the last work
session with additional comments.
Chair Jacobs suggested pointing out places where there were changes only and then
hear from the public.
Commissioner Gordon made reference to her email regarding the Technical Criteria, as
follows:
Transfer Station Siting Criteria -June 24, 2008
TECHNICAL CRITERIA
5. TRUCK AND TRAFFIC COMPATIBILITY
Definition - Add to the second sentence a definite reference to where the information can be
found, as follows:
Priority bicycle transportation routes (adopted April 1999) as shown in the 2030 Draft Orange
County Comprehensive Plan, dated May 6, 2008, will also be included in the evaluation of traffic
compatibility.
13. PROTECTED WATERSHED OVERLAY DISTRICT
Consideration: Delete or revise second sentence, since not all protected areas are necessarily
in WS-IV watersheds.
Definition: Perhaps add a second sentence to the definition. Protected watershed overlay
districts are currently defined and mapped by Orange County.
COMMUNITY-SPECIFIC CRITERIA
10. TRAFFIC COMPATIBILITY
Definition: Use the same wording as is being used in the Truck and Traffic Compatibility
criterion (#5) for the Technical Criteria.
Application: Use the same wording as is being used in the Truck and Traffic Compatibility
driterion (#5) section for the Technical Criteria.
Chair Jacobs made reference to the Technical Criteria, #7, and the change of presence
of natural buffers. He said that the "i.e." should have two things and not just "hills."
Chair Jacobs said that the consultant did a good job of tracking what the public and the
County Commissioners said.
PUBLIC COMMENT:
Rev. Robert Campbell said that what he is concerned about now is that the Rogers-
Eubanks Neighborhood Association submitted two resolutions to the Board of County
Commissioners and he wants to know when there will be a notation of consideration for those
resolutions and when they will be informed that the County Commissioners have actually read
the resolutions. He said that he appreciated the level at which the Board is considering the
• environmental concerns for the criteria. He said that if the environment is damaged beyond
repair, it will affect the health of everyone. He said that it is important to have an environmental
• document be a part of any site that is considered.
Tracy Kuhlman said that she would like to address Technical Criterion #5, Truck and
Traffic Compatibility. She read from this, "Sites with street or roadway connector access that
do not currently or are not protected in the future to exhibit significant mid-day traffic
compatibility conflicts with school bus, pedestrian, or bicycle traffic shall be ranked highest.
Land use and development within one-half mile radius of proposed site will be used to assess
��toD�a| compa�bi|�vissues related t000nnador streets and nJada." She asked that the
potential
also focus on the traffic that goes right past the potential transfer station sitas,
especially school buses from existing and future school sites that are just outside the half-mile
radius.
Jack Sanders made reference to item #1 on Technical Criteria, Central Location to
Collection Routes. He said that the application has to do with the shortest road mile distance
from the centroid. Regarding item #12 and the carbon footp[int, he said that the footprint really
has to do with all types of emissions. He said that the only thing that actually matters with this
application is the increased travel distance from the centroid of the waste generation to the
proposed transfer site. He said that item #12 is another consideration of item #1. He
requested that the information about#12 be moved over and added as another consideration of
ite #1. He said that there are a number of other considerations that could be added, and it all
boils down to the shortest road mile distance from the centroid such as impact on air quality.
He also requested that the "impact on air quality" be moved to the Technical Criterion #12, and
then #12 could be moved into item #1 or something could be added about the number of
residents affected for#2 in the Community-Specific Criteria. Regarding Community-Specific
Criterion #12 and coets, he questions whether cost is a community-specific criterion as such
that it ought to be listed here. He said that the County cannot afford to pay for the initial site
preparation of any site and he personally objects to using costs as a Community-Specific
Criterion.
Commissioner Gordon asked Olver representatives if they wanted to address the traffic
criteria #5 and #10 and if the traffic going by the site is addressed.
Bob Sallach said that, as far as the traffic oO[np8tibi|ity, they are looking at the roadway
connectors and the impact that the traffic has along those particular access points.
Commissioner Gordon asked if the traffic going by does count and Bob Sallach said
yes.
Commissioner Gordon noted Jack Sanders concerns. She said that some of the issues
he was concerned about were addressed at the last meeting but he did not hear the discussion
since he was not in attendance.
Bob Sallach said that time is being factored in for this particular criterion.
Commissioner Gordon asked about her proposed changes and Bob Sallach said that
they would recommend accepting these changes and incorporating them.
Commissioner Nelson made reference to the cost question and said that the County
Commissioners have a fiduciary responsibility to taxpayers to look at costs. He said that it
should not be the on|y h [ity, but itiea priority, and the ohterioOshould beiOdUded. He said
that, to Olver's cn8dit, it is ranked low with a ranking of 5. He thinks that it is GppnJpriate, but he
hears what Mr. Sanders is saying.
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
adopt the Final Technical and (�oDlrnuOity-8pecifio ��rita[imiO the Transfer ��t@tioOSiting
process and authorize
Olver, Inc. to proceed with application of screening criteria and weighting factors and the
ranking of potential candidate sites.
VOTE: UNANIMOUS
Chair Jacobs said that the resolutions from Rev. Campbell would be put on one of the
next Transfer Station Siting Work Sessions.
d. To Approve Selection of an Executive Search Consultant for the County
Attorney Position
The Board considered approving a process for the review and selection of an Executive
Search Consultant for the County Attorney position.
Chair Jacobs said that two options were offered for the Board's consideration.
Commissioner Gordon said that she would be willing to come back for a meeting in July
on this issue.
A motion was made by Commissioner Carey to approve option #1:
All Commissioners receive the submitted proposals from the Executive Search
Consultants. The Chair and Vice-Chair review the submitted proposals and, after receiving any
comments from other Commissioners, select an Executive Search Consultant on behalf of the
Board.
There was no second.
Commissioner Nelson said that the options are clear but there are no next steps. He
asked which staff person would be overseeing the process.
Laura Blackmon said that she recommends Human Resources Director Michael
McGinnis.
Commissioner Nelson said that he is comfortable with Michael McGinnis. He made
reference to the Request for Proposals and the Scope of Services and said that he does not
feel comfortable with having 20 candidates referred to the Board. He would prefer 10
candidates. He said that he would also like to have a conversation about the confidentiality of
the search process. He will not be here at the end of July, but he wants to be a part of this
process.
Commissioner Gordon said that she supports the Clerk receiving the applications as
was done during the Manager search process.
Chair Jacobs said that he would like for information to be submitted on a DVD so that it
is more accessible. Also, he would like to add a meeting of just the Board to talk about the
kinds of things that the County Commissioners are looking for in this candidate. He suggested
having a conference call for those that cannot attend.
Commissioner Nelson said that he would still prefer Michael McGinnis as the staff
person because of his human resources expertise.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
approve option #2: All Commissioners receive the submitted proposals from the Executive
Search Consultants. The Chair calls a special meeting on or before August 1st for the review
and selection of an Executive Search Consultant; referring the top 10 applications; and that
those Commissioners that cannot attend the meeting participate via conference call.
VOTE: Ayes, 4; No, 1 (Commissioner Carey)
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
appoint the Clerk as the staff person for this process.
VOTE: Ayes, 4; No, 1 (Commissioner Nelson)
e. Discussion on a Potential One-Quarter Cent Sales Tax Increase
Referendum
The Board considered a potential referendum on a one-quarter cent additional sales tax
in Orange County and provided any comments and direction to staff.
Chair Jacobs said that there will be a process to keep this on some kind of timetable
because ballots are going to be printed for November decision, and the Board will have time to
solicit comment and have more discussion.
Commissioner Gordon said that the Twenty First Century Committee and the Special
Transit Advisory Commission are trying to point toward a referendum of al/2-cent sales tax for
November 2009.
Chair Jacobs said that this motivates him to make this decision before this prospect
comes up. The County has already been hurt by legislative decisions on the way in which sales
tax is allocated.
Commissioner Nelson asked if this would be on the agenda for August. Chair Jacobs
said that this would be an appropriate plan. It could be added at the beginning of another
meeting so that a decision could be made before the ballots have to be printed.
Commissioner Nelson said that when this comes back he would like to see a clear
education process from staff. He asked if it would be the same education committee as the
land transfer tax. He would also like to know the budget of the education process. He would
also like some input on whether having a tax-related referendum on a ballot during a near-
recession situation is a good idea or not.
Commissioner Gordon said that the Board could specify where the money would be
allocated. She would like to do the campaign a little less expensively.
Laura Blackmon said that the Board would have to make a decision about whether or
not to put the item on the ballot by August 19th.
Chair Jacobs said that the presentation and public comment would have to be on the
same night as the decision.
Geof Gledhill said that the Quarterly Public Hearing is a public meeting and the Board
could discuss at that time.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
approve a staff presentation on August 19th and possible continuation of Board discussion at
the Quarterly Public Hearing on August 25th.
VOTE: UNANIMOUS
e-2. Report and Resolution Regarding the Progress Energy Proposal and
Permitting of Two Additional Nuclear Reactors at the Shearon Harris Nuclear Power
Plant
The Board received a report and considered a resolution and a recommendation
regarding formal intervention into the permitting of two additional nuclear reactors at the
Shearon Harris nuclear power plant to the BOCC for the Board consideration/review, revision,
and/or adoption.
Chair Jacobs said that there is an August 4, 2008 deadline to intervene and there was a
question about what the Board had to do to intervene correctly.
County Engineer Paul Thames said that the County would need to hire legal assistance
like before to put the documents in proper form and file with the Nuclear Regulatory
Commission and get technical assistance. It is unclear as to whether the August 411 deadline is
a firm deadline. He said that the design of the reactors probably forms the majority of the basis
for intervention. The design has gone through more than a dozen iterations, some of which
include additional high-density storage pools for spent fuel rods, which was the County's prime
concern during the intervention of 1998-2001.
Chair Jacobs asked if the County could resubmit the intervention materials from before
and say that there are the same concerns as before.
Geof Gledhill said that he knew nothing about this process last time and he knows
nothing about it this time. He said that these questions would have to be answered by special
counsel. Diane Curran is still available for counsel.
Paul Thames said that, in all likelihood, the County could submit documentation that was
prepared regarding the potential for spontaneous combustion. Regarding concerns about
terrorism, increased emergency response coordination, etc., it will probably take some
additional expertise.
Chair Jacobs said that the Board can contact Diane Curran if more discussion is
needed.
Paul Thames said that there is a second process that is going on, which is a public
hearing this Monday. One potential action is to approve the resolution, taking out any reference
to intervention and forwarding it to the N.C. Utilities Commission.
Chair Jacobs suggested writing a letter from the Chair on behalf of the Board to the
Utilities Commission and contacting Diane Curran about resubmitting the same materials.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
have the Chair write a letter on behalf of the Board of County Commissioners to N. C. Utilities
Commission, circulated via email, and contact Diane Curran about resubmitting the materials
from the previous submittal.
VOTE: UNANIMOUS
c. BOCC Goals and Initiatives
The Board was to consider reviewing and approving the Goals and Initiatives of the
Board as initially expressed by the Board, in conjunction with staff, at the February 8, 2008
BOCC Retreat.
DEFERRED
d. Initial Review of Proposed Chatham/Orange Task Forces
The Board was to consider reviewing potential processes, including proposed charge
and composition, to establish three new Chatham/Orange Task Forces and following any
revisions; authorize staff to forward the task force proposals to the other jurisdictions for
approval and respective appointments.
DEFERRED
7. Reports-NONE
8. Board Comments (Three Minute Limit Per Commissioner)
9. County Manager's Report
10. Appointments
DEFERRED
a. Advisory Board on Aging — New Appointments
The Board was to consider making new appointments to the Advisory Board on Aging.
b. Commission for Women — New Appointments
The Board was to consider making new appointments to the Commission for Women.
c. Inter local Agreement Committee for the Hillsborough Area-Orange County Strategic
Growth Plan Phase II — New Appointment
The Board was to consider making one appointment to the Inter local Agreement Committee for
the Hillsborough Area-Orange County Strategic Growth Plan Phase II.
ri Khircina I-InmP enmmunitv Advisory Committee— New Appointment
The Board was to consider making one new appointment to the Nursing home Community
Advisory Committee.
e. Orange Water& Sewer Authority Board of Directors (OWASA)— New Appointment
The Board was to consider making a new appointment to the Orange water& Sewer Authority
Board of Directors.
11. Information Items
a Status Report on Waste Processing Technology Alternative Study
• Worker's Compensation Administrative Rules and Regulation
• Report on Major Technology Accomplishments
12. Closed Session-NONE
13. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
• adjourn the meeting at 10:57:41 PM.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board
Orange County water supply reservoir water levels
Available information as of 2:00 PM, Friday, June 20, 2008
Lake Orange
• Water level is 13.5" below full. The Eno Capacity Use restrictions have been reinstated,
effective at 12:01 AM June 10th.
• Water storage capacity is at 88% (417 million gallons)
• Approximately 130 days of water supply remaining (at Capacity Use specified release
rate).
• The Hillsborough gage indicates that the latest Eno River flows are at approximately 3.3
cfs (approximately 2.1 mgd). This flow represents a level that is 1/6 the historical
median flow levels (18 cfs) for this time of year.
• Orange Alamance continues to operate its water plant with average withdrawals of
300,000 gallons per day, each Tuesday, Wednesday, and Thursday.
West Fork Reservoir (as of 6/13/2008 [last available update])
• Water level is 1" below spilling
• Water storage capacity remaining is 99.6%
• Approximately 371 days of water supply remaining (assuming Town's current release
rate (2.3 cfs, 1. 42 mgd).
• The Town is currently releasing 2.3 cfs (0.50 cfs or 0.32 mgd) above its minimum
required instream flow release of 1.8 cfs (1.16 mgd) for June.
• The Hillsborough Town Board lifted voluntary water use restrictions on Monday, April 14,
2008.
OWASA Reservoirs
• Water level at Cane Creek Reservoir is 3'-11" below full
• Water level at University Lake is 3' —4" below full
• Total remaining water storage capacity is approximately 79.0 %
• Approximately 330 days of water supply remain (at the current 30-day average daily
demand [8.4 million gallons per day])
• At the OWASA Board of Directors meeting on May 22nd, the OWASA Board of
Directors adopted a Resolution Rescinding Stage One Water Shortage Restrictions and
Water Rate Surcharges and Reinstating a Water Supply Advisory.
National Weather Service/NOAA Regional Precipitation data (through 6/2/2008)
(inches above 1+1 or below r-1 normal)
RDU Piedmont-Triad
-1.46" since June 1, 2008 -1.82" since June 1, 2008
-2.58" since January 1, 2008 -4.73" since January 1, 2008
Miscellaneous notes
The NC Drought Management Advisory Council drought map, last updated June 19, 2008,
indicates that all of Orange County lies within the area characterized as experiencing "severe
drought" (the third severity level out of five in their rating system).