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HomeMy WebLinkAboutMinutes - 20080819 ,rt ..) APPROVED 10/7/2008 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 19, 2008 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 19, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Valerie P. 'Foushee, Alice M. Gordon, and Mike Nelson COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) 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 asked for a moment of silence for Atlas Fraley, who passed away last week. He expressed condolences to Mr. Fraley's family. Chair Jacobs said that the County is working with the State Medical Examiner's office and will be as forthcoming and prompt as possible to get some answers. Chair Jacobs went through the material at the County Commissioners' places. There was a handout with item 6-c concerning 2008 Housing Credit Funded Projects(lemon colored); a handout with item 4-x concerning results of bid bidding (salmon colored); a handout with item 5-a concerning Article 46- % cent sales tax projected (goldenrod); a letter from the Sheriff for item 3-d concerning the jail inspection report ; and a memo from Commissioner Gordon concerning overcrowding on Triangle Transit Route 420 operated by OPT. Chair Jacobs suggested that Board Comments be addressed after item 3 since there have been no Board Comments since May. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Eugene Farrar said that he has a personnel issue with an employee of Solid Waste, Earl Morrow. He said that last year Mr. Morrow was an outstanding employee and received the highest award that he could from Orange County, but several months later he became the worst employee that Orange County has had. He said that he is here to challenge the Orange County Personnel Ordinance, which speaks to the fact that no third party is allowed in conferences when employees who work for Orange County have problems. He believes that this is in violation of civil rights and constitutional rights by not allowing them to have ��. X.S representation. He said that Mr. Morrow has not been allowed to have representation, and he attempted to speak on behalf of Mr. Morrow but was told that he could Oct. He would like the Board of County C� ��issioOerstonaviexx the personnel ordinance addressing this issue. He said that aUofthia-' �mkeO place vvithiDthe last four nloOthSand this enlp|oyeehas«xorked this has 10 He made reference to Article 9, page 10 of the Personnel for Orange <�oVn�yf�r�v�[ years. . Ordinance. Chair Jacobs said that th Board would refer this back to staff for a recommendation. He said that he is sympathetic and surprised that this is still in the ordinance. He will wait to hear from staff on this issue. Eric Vosburg said that he is a volunteer Cub Scout master, an Honored Cub Scout of the Year, on the Seat of Governors Board of Pathways Elementary ��cho0|, on the Seat of Trustees`at a local church, a past Vice-President of the PTA, and a volunteer soccer coach. He said that he is very engaged with th e youth and families in the community. He said that he was here to appeal to the County's protection of the cornOnuOity, including all ages. Orange County is growing tremendously. ver, to be in Orange County today has risks. Today, the County laws permit a person to discharge firearms as long as they are not within city limits. He read, "Discharging of firearms of any caliber during daylight hours is acceptable." He used his home and surroundings as an example of homes like his who also are unprotected by the current laws in Orange County. He does not want to take any enjoyment from peop|e that like to hunt. He proposed a solution that would be safe for all. He said that his home is approximately 1OO feet from his neighbor's homes on either side. The resident in the neighboring h o0etothe southeast discharges firearms of various calibers —various rifles,. handguns, and hunting bows and arrows—without regard to local children's locations. He said aid that discharge of these firearms continue to happen irrespective of the cooperative situation that he has requested of the neighboring community. He finds this very unsafe. There is nothing that the local Sheriff's Deputies can do to help stop this recklessness. CO various he has called the Sheriff's Department for assistance and each visit by multiple different Sheriff personne| h ave viewed d the situation and declared the homes to be too close for this type of activity. All have said that if they lived in this grea, they would not discharge firearms. He has two chi|d[eO, ages nine and six, and his children are afraid to use the backyard because of the discharge of firearms. He said that one evening while walking over the rear of his two-acre lot with his son they came across a four-edged razor tip hunting arrow, . and neighbor stated ^itg�� �xv�y which was shot into his yard. He returned the arrow, gn the O�g �r that, from him." He said that his family cannot withstand mistakes of this magnitude. He said that the situation could have escalated if anyone had stepped on or touched the razor tip hunting arrows. He has lived in Orange County all of his life and has enjoyed teaching his son in Cub Scouts how to shoot a BB gun and how to use a bow and arrow properly. He said that, because of the location of his property, his family is forced to play in unsafe conditions and his is children cannot have play dates because the parents do not want their children to be around someone who is discharging weapons. He asked the County Commissioners to put in place laws restricting discharge of firearms to not less than a distance of 500 yards from all dwellings. Chair Jacobs said that the Board has already referred a similar request from some citizens this past spring and are awaiting staff recommendation. nu Laura Blackmon said that this vvou|d be back on the September 2 agenda. Geof Gledhill said that there are some significant State preemption issues associated with this concern. It may have to go to the General Assembly. b. Matters on the Printed Agenda 74.) (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Tax Collector's Annual Settlement The Board considered receiving the tax collector's annual settlement on current and delinquent taxes and approving and accepting it as reported. Tax Collector Jo Roberson presented the report for the year 2007-08. She said that the overall collection rate was 98.76% and the Countywide rate was 98.75%. Looking at the top ten counties based on population, Orange County is ranked third among the counties of Buncombe, Durham, Guilford, Wake, New Hanover, Forsyth, Cumberland, Ons low, and Gaston. She said that this speaks very highly of the Revenue staff. She said that the non-tax revenue was over$1.7 million for EMS ambulance fees, the increased beer and wine licenses was $11,000; other EMS collections (inspections, special contracts, etc.) were $31,000; and the 3R Fee collection was $3.4 million. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve receiving the tax collector's annual settlement on current and delinquent taxes and approve and accept it as reported. VOTE: UNANIMOUS b. Recognition of Revenue Staff and Appointment of Three (3) Deputy Tax Collectors The Board considered acknowledging the continued endeavors of the Revenue staff evident by the outstanding collection rates achieved, and considered appointment of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for a period of one year, effective July 1, 2008. Jo Roberson recognized revenue staff and asked for the appointment of Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to appoint Linda Strickland-Jaubert, Valerie Curry, and Bobbie Underwood as Deputy Tax Collectors for a period of one year, effective July 1, 2008. VOTE: UNANIMOUS Jo Roberson encouraged any citizen to call the Revenue Office if there were any issues with paying taxes in a timely manner. c. Orange County Health Department Accreditation The Board considered recognizing the Orange County Health Department for achieving Accredited Status. Health Director Rosemary Summers introduced Board of Health members and accreditation members. David Stone from NC Accreditation Board offered congratulations to the Board of Health and the Health Department. He said that accreditation is a status granted to a local Health Department that has been found to meet or exceed standards of criteria for the capacity and the quality as determined by an on-site assessment and review of documented evidence. The two purposes of accreditation are to certify the capacity of the local health department to deliver the ten essential services and to stimulate and assist in the performance improvement of that local department. Rosemary Summers said that this was a team effort and she asked the staff to stand. tyv A representative of the State Health Director read a portion of the letter written to the Board of Health. The County Commissioners commended the Health Department and the Board of Health for the accreditation. o . Jail Inspection Report The Board considered receiving the jail inspection report for July 11, 2008 from the North Carolina Department of Health and Human Services. Chair Jacobs.pointed out the Sheriffs response to the jail inspection report. He said that the County Commissioners hold Sheriff Pendergrass in the highest regard and consider him their expert on matters of public safety. He said that, instead of putting this on the consent agenda, the County Commissioners decided it would be better for the Sheriff to have an opportunity to respond to the report and make any suggestions for change in the future. Sheriff Lindy Pendergrass said that in the report, several items were brought up that needed attention. He made reference to his letter, which includes a response to the concerns. All of the items that were asked to be corrected have been corrected with the exception of overcrowding in the Orange County Jail. As to ove[o[owding, on the day of the inspection, Tuesday, July 8, 2008; Orange County was housing a total of 174 inmates, and 45 were over capacity. The capacity is 129. Five of the 160 males were on backlog with the Department of Corrections. Nine of the other people in the jail were there on 30+ day sentences to the Orange County The backlog creates problems because C}[}[| hag no room. He said that, if there ioa backlog, the staff calls the DOC daily to see if there are any openings. He reviewed all of the inspections in May and June and showed where the Orange County Jail was in compliance. He said that the jail was built in 1925. In 1980, the interior was renovated. The jail held 38 people when it was �ui\built. After the ngnovatione, it housed 45. In 1982, Orange County began receiving federal funds from the K8m[aha|, and the jail has been renovated three times since 1982. The old part of the jail now holds 63 people. The annex was built in 1990 and it has not been renovated. There is now space needed t house females. If there was one cell block, then there would be space to house females. If the jail stopped housing federal inmates, it would lose $2.8 million a year in revenue. He said that the staff does an outstanding job every day. As to overcrowding, he has called several counties and found out that Wake County is 193 over oapaoity. Guilford County is 246 over capacity, and <�abmr[ue <�ountvio4O over-capacity. He said that there is no way to keep from being overcrowded unless there is more money for renovations. Chair Jacobs asked staff if there was money in the CIP and Purchasing and Central Services Director Pam Jones said that there is some money for two female cell blocks. Chair Jacobs asked about pre-fab structures, and Sheriff Pendergrass said that if the architect, Hillsborough Historical Society, and other people approve it, he believes that pre-fab structures could be put in and not detract from any other historical features. There has not been any response from the historical district representatives. Commissioner Nelson said that the County Commissioners have not adopted the CIP, so this makes it hard to answer concerns such as this. He asked when the CIP was coming back. Laura Blackmon said this fall, October 14th, with a public hearing on October 21t Chair Jacobs said that he would like for the Sheriff to meet with staff before then to address these concerns. Sheriff Pendergrass said that there will have to be more space, at least enough to hold 250-300 people. Commissioner Carey said that it is clear that Orange County is not treating inmates iDhU[OaOe|y, and this overcrowding problem is statewide. He said that, regardless of what is put in the CIP this yegr, it will not address the problem in the long run. He wants to make sure that the public knows that there is no inhumane treatment going on at the jail. Sheriff Pendergrass said that he would invite anyone to come and view the jail at anytime. 8. ��oard ��ommK�enKm [Th[eaKAiDuteLi0� Per[�onlmiseioneh <�o0rnisoioner(�V 'on made reference to her handout and the overcrowding on the Hillsborough-Chapel Hill route of Triangle Transit Route 420. Durham Technical Community College will also be in full operation in the fm||, and part of the plan in starting this route was to serve this location. Triangle Transit is looking into it. GeoODd|y. C)Pl' has been operating the route at an hourly rate much lower than Triangle Transit. She said that she has asked the {]PT and Manager to evaluate charging higher rates. Triangle Transit's policy for new routes is that 1/3 of the costs be paid by the requesting entity, and if it is outside VVgka/Durhanl/]naDOe, then it is 2/3. She would like to evaluate the costs for OPT. ommissioner Gordon made reference to the Durham-Chapel Hill Metropolitan Planning Organization and Transportation Advisory Committee. It is working on the 2035 Long Range Transportation Plan and the alternative analyses have been released for public comment. After e r the public heariOgo, a preferred option will be developed. There should be a final option adopted by December. Also, the Transportation Improvement Program has just been adopted. Commissioner Foushee said that last week the community college state board voted to keep its ban on undocumented immigrants into the community college system. In May, the General Counsel to the State Board issued a memorandum directly to community colleges to discontinue enrolling illegal immigrants pending further clarification from the department. The federal government has determined that states have the right to decide whether or not to admit, the State has chosen not to continue admitting undocumented immigrants at this time. There is a study in place to determine if, at some future time, this may change. Commissioner Foushee made reference to the Land Trust Affordable Housing Maintenance Task Force and said that it has completed its work and will bring recommendations to the Assembly of Governments meeting next month. The charge was to work on sustainable solutions for maintenance of existing and future affordable housing units and to consider how this effort might integrate with the 10-year plan to eliminate homelessness. A|eb, the last time the Board of County Commissioners met with the Affordable Housing Advisory Board, they talked about the future of mobile home parks in Orange County. Since that time, the advisory board has received a proposal from the Community Reinvestment Association of North Carolina to develop a needs assessment in response to the County to report on the challenges and opportunities of manufactured housing as an affordable housing and community igeue, to evaluate local conditions of manufactured housing communities, and to help develop strategies to the preservation of mobile home parks. Commissioner Foushee thanked the Friends of Orange County DSS for providing over 140 students with backpacks and school supplies. Commissioner Foushee recognized Orange County employee [)an Bruce, who has received recognition for on-site field inspections by NCACC. Commissioner Nelson said that when he was brought onto the Board of County Commissioners, there was no orientation for him. He asked for staff to prepare a memo about the plans for orientation for the new County Commissioners. Typically, new Commissioners are taken around to each department to see how they operate and ask questions of department heads. A|so, he has heard about some reorganization 0oderia|e, and he would like this information. Commissioner Nelson said that he is continuing to be concerned about agenda items and how they are prepared —lack of clarity, lack of consistency, things being difficult to read, etc. He said that one person should be in charge of it. He has complained about this before and he would like this addressed. Commissioner Carey asked Rosemary Summers about the issue that arose during the break about a house permitted to be reconstructed because part of it burned earlier this year. He has seen the Manager's Memo about what Rosemary Summers is doing about this. He asked about the status of this and what the Thompsons are doing. Health Director Rosemary Summers said that the Thompsons are talking with the State about a permit for a State system of a sand filter system for water/sewer. She said that the home was partially destroyed by fire and she has talked with the Fire Marshal about immediate notification when there is a structure fire so that there is a better built-in system for Environmental Health being notified when there has been a property fire with a septic system. Then the staff can respond immediately to do an existing system inspection to make sure the system is fully functional. This notification system has not previously been in p|ace, but it is now. The Board of Health will be looking at the entire policy and procedures surrounding existing system inspections to see if there is a way to streamline it and make it more customer- friendly. The other piece of the Thompson situation is, even if there had not been a fire, the system was out of compliance because it was discharging laundry water directly to the ditch rather than putting it into the septic system. Chair Jacobs apologized to citizens for the oversight, which led to the library hours being cut for part of the summer. He said that the Board is waiting to hear how this happened in the first place. Chair Jacobs reported that he went to a meeting related to the bridge over Turkey Farm Road. The Board of County Commissioners sent a letter to the State asking it to reconsider.the design of the bridge because it was environmentally unsound. He said that the State did . respond and changed the design and the |e�e[fro0nthe (�ounty (�V[nnlisoiOOerSxvas a [na]or factor in the State doing so. Chair Jacobs said that during the break, the CHCCS Superintendent asked for a Commissioner representative to work with the school board on the initial design for the new elementary school at Northside. He asked Commissioner Foushee to serve until tonight's meeting. No one else volunteered to do this, and all agreed Commissioner Foushee would be a good representative. Commissioner Carey said that the old Orange County Training School cornerstone has been retrieved and preserved. The alumni society would like to see that stone preserved so that it can be permanently displayed. 100th(�om0iooionerFoushee said that this iothe1OO annivenemryoftheCHCC8endthe display of that cornerstone will be a prominent part of this celebration. Chair Jacobs said that there are some issues that need to be addressed at a work session inGa[ternbe[. There xviUbeeVrne recommendations about requesting (�ountvsupport for a regional'transportation plan and a funding plan. The County Commissioners have not even had a presentation or a conversation about this. The Board also has to have its own discussion about dog tethering, which needs to be done in a work session environment. A|So, was authority representative of UNC-Chapel Hill. The County will work with the University in a collaborative way to address this, but the Board needs more information. Chair Jacobs asked staff about hurricanes and pets and where the County stands with pets and sheltering. Chair Jacobs requested of all staff members that anytime a Commissioner or a member of the public sends an email, that there is a response. He said that he sends lots of emails to staff and does not get a response. If this is the way citizens are treated, he considers it unacceptable. He thinks that there should be a policy that the Manager should articulate as to how soon there is a response, even if it is just "thank you." Commissioner Gordon made reference to the STAC ( Special Transit Advisory Commission) recommendations and said that there would be time to comment. Regarding the funding, this is a parallel, but separate effort, by the State. The State Legislature is thinking about permitting a referendum on the ballot, which would allow the County to levy a half-cent sales tax. 9. Manager's Comments Laura Blackmon said that Dan Bruce would be presented his award at the NCACC conference. Willie Best will be attending as a representative from the Manager's Office. She said that she has been invited to attend the potential multi-jurisdictional project to develop an additional water intake on Jordan Lake. The invitation was sent by the Town of Chapel Hill. She will report back on the meeting. She reported that the deadline for applications for the Library Director is September 8, 2008. Commissioner Carey asked if the Jordan Lake meeting was called by the Town of Chapel Hill or if it is part of the process that was restarted a couple of years ago. Laura Blackmon said that Environment and Resource Conservation Director Dave Stancil has been attending some staff meetings about this. This is the first time that the Managers have been asked to attend. Commissioner Carey said that there was a sub-committee of the broader jurisdictional group that grew out of the Assembly of Governments that had been discussing this issue. Chair Jacobs asked David Stancil to update the Board on this. Dave Stancil said that the meeting next week is being hosted by the Town of Chapel Hill. This is growing out of the effort from the City of Durham's initiative from last year. A consultant has been hired to meet with the different jurisdictions in discussions about the Jordan Lake intake. Commissioner Gordon said that she would be interested in knowing about the process of hiring the Library Director, the job description, etc. Laura Blackmon said that there is a timeline and she will let the Board of County Commissioners know this week. Commissioner Gordon would like to know the process, the job description, and if there's any opportunity for the public to comment on the qualities. 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from April 15, 17, 22 and May 1 and 19, 2008 as submitted by the Clerk to the Board. .b. Appointments 1) Board of Health — Reappointments The Board reappointed Chris Harland and DeWanna Anderson to second full terms expiring June 30, 2011, to the Board of Health. 2) Human Relations Commission — Reappointments The Board reappointed Colin Austin and Maria de Bruyn to first full terms ending June 30, 2011, to the Human Relations Commission. 3) Personnel Hearing Board — Reappointment The Board reappointed Susan Lyons to a second full term ending June 30, 2009, to the Personnel Hearing Board. c. Orange County Preparedness Month Proclamation This item was removed and placed at the end of the consent agenda for separate consideration. d. Motor Vehicle Property Tax Release/Refunds for June 2008 The Board adopted a refund resolution, which is incorporated by reference, related to 14 requests for motor vehicle property tax releases or refunds for June 2008 in accordance with North Carolina General Statutes. e. Motor Vehicle Property Tax Release/Refunds for July 2008 The Board adopted a refund resolution, which is incorporated by reference, related to 73 requests for motor vehicle property tax releases or refunds for July 2008 in accordance with North Carolina General Statutes. f. Property Tax Refund 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. g, Property Tax Release The Board adopted a resolution, which is incorporated by reference, to release property values related to one (1) request for property tax release in accordance with N.C. General Statute 105- 381. h. Property Value Changes The Board adopted a resolution, which is incorporated by reference, approving value changes made in property values after the 2008 board of Equalization and Review had adjourned. I. County Work First Designation and Establishment of Planning Committee The Board approved the Standard program designation status for Work First for the County and appointed the members to the planning committee to develop a Work First plan for October 2009 through September 2011. New Fee for Adult Measles, Mumps, and Rubella Vaccination The Board approved a new fee of $55 for measles, mumps and rubella vaccination for adults and increased the Health Department budget to reflect the projected fees and expenses. k. Continuation Grant Acceptance for Primary Care Services at SHSC Site of Health Department The Board accepted the continuation grant funds for primary care services at the Southern Human Services Center site of the Health Department for the period of July 1, 2008 through June 30, 2009. I. Contract Between Chapel Hill Carrboro City Schools, Orange County Schools, and Health Department for School Nurses The Board approved the contracts between Chapel Hill-Carrboro City Schools, Orange County Schools and the Health Department for Schools Nurse funding and authorized the Chair to sign. m. Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals for Dental Resident The Board renewed the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services, subject to final review by staff and the County Attorney. n. Tax Abstract and Billing Contract The Board approved a contract for the continued production of Tax Abstracts and Tax Billings for a period of two years effective July 1, 2008 and authorized the Manager to sign upon final review by staff and the County Attorney. o. Agreement Renewal with Respite Care Providers and the Department on Aging The Board authorized the Manager to sign agreements with respite care providers, contingent upon final review by staff and the County Attorney, and with such authorization not exceeding the amount budgeted for this function in the operating budget for the Department on Aging. ..) p, Service Coordination Renewal Agreement with Manley Estates and the Department on Aging The Board approved the agreement renewal and authorized the Chair to sign the agreement to provide service coordination for the residents of the First Baptist and Manley Estates senior housing complex in Chapel Hill, contingent upon final review by staff and the County Attorney. Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services The Board approved a continuation agreement with the Town of Chapel Hill to provide funding in the amount of$46,700 for senior recreation programs on behalf of the Town's Parks and • Recreation Department and authorized the Manager to sign, subject to final review by staff and the County Attorney. r. Gateway Center Custodial Contract The Board approved a contract with OE Enterprises for custodial services at the Gateway Center for September 1, 2008 through June 30, 2009, and authorized the Manager to sign. s. Contract Renewal for Olver, Incorporated Engineering The Board approved an agreement renewal with Olver, Incorporated and authorized the Chair to sign the Agreement subject to final review by staff and the County Attorney. t Proposed Contract with The Mercer Group, Inc., to Conduct an Executive Search for the County Attorney Position This item was removed and placed at the end of the consent agenda for separate consideration. u. Bid Award: Hydraulic Excavator for Solid Waste The Board awarded a bid of$169,000 for a Caterpillar 316 DL excavator for Solid Waste from Gregory Poole of Raleigh, N.C. and authorized the Purchasing Director to execute the necessary paperwork. v. Change in BOCC Regular Meeting Schedule for 2008 The Board amended its regular meeting calendar for 2008 by: - Adding a Transfer Station Siting Work Session on Tuesday, October 21, 2008 at 5:30 p.m. (prior to the 7:30 p.m. Regular Meeting) at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, N. C.; and - Adding a Transfer Station Siting Work Session on Tuesday, November 18, 2008 at 5:30 p.m. (prior to the 7:30 p.m. Regular Meeting) at the Southern Human Services Center, 2501 Homestead Road, in Chapel Hill, N.C. w. Housing Bond Program —Orange Community Housing and Land Trust This item was removed and placed at the end of the consent agenda for separate consideration. x. Housing Rehabilitation Contract Awards, The Board awarded housing rehabilitation contracts for the Orange County CDBG Scattered Site Housing Rehabilitation Program for: Dwelling Unit Bid Amount Contractor 225 W. Orange St., $43,425 Triple J Construction Co. Hillsborough 109 Star lite Dr., Carrboro $47,745 Triple J Construction Co. $1,580 Eastern Environmental 1709 Rusch Rd., Chapel Hill $43,970 William Long Construction L Deferred Loan Request—Whitted Forest Apartments The Board approved a two-year deferral of principal and interest payments from the Whitted Forest LLC for the CDBG loan awarded to them for the Whitted Forest Apartments. z. HOME Program — Loan Subordination Request The Board approved the request from Freedom House Recovery Center, Inc. to subordinate a County Deed of Trust in the amount of$337,000 to a construction loan and corporate sewer easement and authorized the Chair to sign upon the review and approval of the County Attorney. aa. RSVP-VITA Volunteer Income Tax Assistance Grant Program The Board authorized the submittal of an application for IRS federal funding in the amount of $30,000 to support the VITA (Volunteer Income Tax Assistance) free tax service operated by the Department on Aging Retired & Senior Volunteer Program. bb Approval of State Employees Credit Union ATM at Justice Facility The Board authorized the installation of a State Employees Credit Union ATM at the expanded Justice Facility in Hillsborough; and authorized the staff and County Attorney to prepare an appropriate agreement for the Chair to sign. cc. Eubanks Road Campus (Animal Services and Solid Waste Operations Center) Data Fiber Lease Agreement with Time Warner Cable The Board authorized the Purchasing Director to execute a lease agreement for bandwidth from Time Warner Cable that will assure fiber data pathways to both the Animal Services Facility and the Solid Waste Operations Center, contingent on County Attorney review. dd.Solid Waste Operations Facility Site Lighting Utilities Right of Way Agreement with Duke Energy The Board 1) Approved a Right-of-Way Agreement for the installation and maintenance of electrical site lighting utilities built to service the Orange County Solid Waste Operations Facility; and 2) Approved the Service Agreement between Duke Energy and Orange County for Lease Site Lighting for the Orange County Solid Waste Operations Facility, contingent upon the review and approval of the County Attorney, and authorized the Chair to sign. ee.Animal Services Facility—Second Amendment to Agreement for Construction Manager at Risk This item was removed and placed at the end of the consent agenda for separate consideration. ff. Northern Park: Approval of Field Lighting Change Order This item was removed and placed at the end of the consent agenda for separate consideration. gig,Sprinkler System Installation at Orange County Emergency Services Warehouse Area The Board approved a change order, not to exceed $85,750, to install a sprinkler system in the Orange County warehouse facility within the Emergency Services building at 510 Meadowlands Drive, and authorized the Manager to sign. hh.Ratify Acquisition of Fitness Equipment for the SportsPlex The Board ratified actions taken during the Board's summer break to acquire fitness equipment for the SportsPlex. H. Ratification of Grants Submittals to Golden LEAF Foundation and North Carolina Tobacco Trust Fund for the Piedmont Value-Added Shared-Use Food &Agricultural Processing Center This item was removed and placed at the end of the consent agenda for separate consideration. ji Ratification of Grant Submittal to Z. Smith Reynolds Foundation for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center The Board ratified the August 15, 2008 submission of a grant proposal to Z. Smith Reynolds Foundation for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center. kk.Acceptance of 2008 Emergency Management Performance Grant(EMPG) • The Board accepted the 2008 Emergency Management Performance Grant from the State Emergency Management Agency to help support the County emergency management program; authorized the County Manager to sign as the County representative to accept the grant pending final review by staff and the County Attorney; and authorized staff to carry out any administrative tasks associated with the grant. II. Fiscal Year 2008-09 Budget Amendment#1 The Board approved budget, capital and grant project ordinance amendments for fiscal year 2008-09 for Arts Commission, Emergency Telephone System Fund, Board of County Commissioners, Health Department, Non-Departmental, Department on Aging, Soil and Water, . Solid Waste Enterprise Fund, and Human Rights and Relations. mm. Final Resolution for Financing of Solid Waste Equipment The Board adopted a resolution, which is incorporated by reference, required to authorize the final steps to complete the financing of equipment purchased by the County's Solid Waste Department. nn.Reimbursement Resolution for Affordable Housing Bonds This item was removed and placed at the end of the consent agenda for separate consideration. oo.Reimbursement Resolution for Parks and Open Space This item was removed and placed at the end of the consent agenda for separate consideration. pp. Request to Waive Occupational License Tax Penalties, The Board approved a request from William Wisen, owner of the Best Western Skyland Inn, to forgive statutory penalties assessed for failure to file Room Occupancy Tax Reports and remit room occupancy tax collected when due of$300 and return the $2,099.10 to the Revenue Collector to be held on account to be applied to future property taxes. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: c. Orange County Preparedness Month Proclamation The Board considered approving a proclamation designating September 2008 as Orange County Preparedness Month and authorize the Chair to sign. Commissioner Carey said that when things like this are on the consent agenda they are lost in terms of public attention. He thinks that this is important enough to command the public's attention. He asked Rosemary Summers to talk about the action plan by the Health Department. Rosemary Summers said that this has been a partnership effort with Emergency Services. The concept is to have community leaders informed about how to put together an emergency preparedness kit. There will be workshops throughout the month in different locations, and the schedule is attached. Everyone who comes to the workshops will get a kit to help prepare for emergencies. Also, there will be a preparedness fair in the Wal-Mart parking lot. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve a proclamation designating September 2008 as Orange County Preparedness Month and authorize the Chair to sign. VOTE: UNANIMOUS ..) t. Proposed Contract with The Mercer Group, Inc., to Conduct an Executive Search for the County Attorney Position The Board considered a proposed contract with The Mercer Group, Inc. to conduct an Executive Search for the County Attorney position for Orange County. Chair Jacobs said that the representative will be available this Friday and all of next week to meet with the County Commissioners to talk about the qualities they would like to see in a County Attorney. The Clerk will be coordinating these meetings. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve a proposed contract with the The Mercer Group, Inc. to conduct an Executive Search for the County Attorney position for Orange County. VOTE: UNANIMOUS w. Housing Bond Program—Orange Community Housing and Land Trust The Board considered awarding housing bond funds in the amount of$200,000 to Orange Community Housing and Land Trust to provide subsidy to Land Trust homebuyers. Commissioner Carey asked if the other $14,800+ had been found so that this can be the full $200,000. Housing and Community Development Director Tara Fikes said yes. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve awarding housing bond funds in the amount of$200,000 to Orange Community Housing and Land Trust to provide subsidy to Land Trust homebuyers. VOTE: UNANIMOUS ee. Animal Services Facility—Second Amendment to Agreement for Construction Manager at Risk The Board considered approving a Second Amendment to the Agreement for Construction Manager at Risk; and authorizing the County Manager to execute future change orders. Chair Jacobs asked if this was taking $104,000 to apply to change orders and then giving the Manager the authority to allocate that. He said that he thought that there was a policy that limited the amount the Manager could allocate to $25,000. Pam Jones said that the policy is $5,000, but the Board of County Commissioners can give authority for the Manager to make change orders up to the amount of the project budget. Laura Blackmon proposed to have an information item as to what has been approved to keep the County Commissioners informed. Chair Jacobs said that the County Commissioners have asked for regular updates on all construction projects. He said that the Board is not getting these reports and it would be nice to get these. He thought that the Animal Shelter was not supposed to be ready until February. Pam Jones said that the contract says January, and she is working with the contractor to try and meet the deadline. The concrete deadline for the University is December 31st. The Town of Chapel Hill is doing all that it can to move things along. It has been a good team effort. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve the Second Amendment to the Agreement for Construction Manager at Risk for the Animal Services Facility; and authorize the County Manager to execute future change orders to the extent of project funding; and that the Manager inform the Board of County Commissioners of all change orders made to this. Pam Jones said that the staff could do a summary each month. VOTE: UNANIMOUS ff. Northern Park: Approval of Field Lighting Change Order The Board considered authorizing the County Manager to execute a change order in the amount of$128,600 for the field lighting to be installed at Northern Park. Chair Jacobs said that he assumes that this lighting will be sensitive to the neighborhood. Parks and Recreation Director Lori Taft said that it is in compliance with regulations and it is very good technology. It will be tested before it is operated. Chair Jacobs asked if there was any buffer planned. Lori Taft said that there is a large berm and a wall. There is a plan to have a buffer, but after the project is complete. Chair Jacobs suggested talking with the neighbors to make sure that there are no concerns that have not been addressed. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve authorizing the County Manager to execute a change order in the amount of$128,600 for the field lighting to be installed at Northern Park; and authorize the Manager to execute this and future change orders, as may be needed, to the extent of the capital project ordinance. VOTE: UNANIMOUS H. Ratification of Grants Submittals to Golden LEAF Foundation and North Carolina Tobacco Trust Fund for the Piedmont Value-Added Shared-Use Food & Agricultural Processing Center The Board considered ratifying the August 1, 2008 submissions of grant proposals to the Golden LEAF Foundation and the North Carolina Tobacco Trust Fund for implementation of the November 2007 feasibility report for the Piedmont Value-Added Shared-Use Food & Agricultural Processing Center. Commissioner Gordon said that she is supportive of this grant, but she asked about the overall intent of what Orange County is going to request for reimbursement or if there are any commitments financially. Noah Rannells said that in the past the Board of County Commissioners has asked for an agreement on fiscal support to be worked out. One representative at least from the Board of County Commissioners of Orange, Chatham, Alamance, and Durham along with senior staff have met once since the last time this was brought before the Board, and that item is still being worked out. He said that, in the grant proposals, there is no commitment whatsoever on what reimbursement there might be to the County and how that is being worked out. Other counties are trying to do their best in providing in-kind services. Commissioner Gordon asked if there is any kind of agreement among the entities to cover what the grants will not cover. Noah Rannells said that discussions are continuing with the stakeholders and they are moving toward a 501(c) 3 non-profit, as the Board voted and approved this transition. As that occurs during the next 6-12 months, it will be identifying the costs that are needed to open the center and balancing those with the available funds. Chair Jacobs said that the County is still waiting on Representative Price's help. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve ratifying the August 1, 2008 submissions of grant proposals to the Golden LEAF Foundation and the North Carolina Tobacco Trust Fund for implementation of the November 2007 feasibility report for the Piedmont Value-Added Shared-Use Food &Agricultural Processing Center. Noah Rannells made reference to item jj — Breeze Farm Grant, which was not pulled off the agenda, and said that Dr. Fletcher Barber asked that he invite the Board and the public to come next Tuesday to the open house for the Breeze Farm. The plan is to serve local food and apprentice farmers will be on-site. VOTE: UNANIMOUS nn. Reimbursement Resolution for Affordable Housing Bonds The Board considered approving a resolution providing for reimbursement of capital expenses for Affordable Housing from the proceeds of a future financing. Commissioner Gordon said that item nn and oo are related to agenda item 6-a, Issuance of Remaining 2001 Voter-Approved Bonds. She suggested discussing these reimbursement resolutions along with item 6-a. The Board agreed to discuss items 4-nn and 4-0o along with item 6-a. 5. Public Hearings a. Potential One-Quarter Cent Sales Tax Increase Referendum Public Hearing, Discussion and Resolution The Board provided an opportunity for the public to comment on and the Board to discuss and consider taking action on, a potential November 4, 2008 referendum on a one- quarter cent additional sales tax in Orange County. Chair Jacobs said that there is an item at the County Commissioners' places and there is a time constraint to get this on the ballot at the end of the month. Laura Blackmon said that the deadline for providing information to the Supervisor of Elections is August 29th. She said that Commissioner Nelson had asked for additional information at the June 24th meeting, but the staff neglected to do this. She apologized for this. She said that the State will distribute these proceeds based on a point of delivery method, which is different than what has been done in the past. She summarized the handout, as shown below: Article 46—1/4 Cent Sales Tax Projected Fast Facts State will distribute proceeds based on a point of delivery method not on a per capita basis In August 2007, state fiscal analysts projected Orange County would receive $3 million, annually, from a new %-cent sales tax - Based on historical revenues trends in other sales taxes, staff projects annual revenue collections to range from $1.8 to $2.2 million o Equivalent of 1.4 to 1.6 cents on FY 2008-09 tax rate Proceeds from the 3/4-cent sales tax can be used for any lawful purpose Public education initiative defined by the scope of the campaign as outlined by Board of County Commissioners - Board may wish to appoint an education committee with make ups similar to those used • in past bond referenda education initiatives o County staff has provided support to past committees - Cost of County staff developing simple educational mailer"in-house" much less expensive than hiring an outside consultant to develop media campaign with mailers and television/radio spots • T.) Summary of Referenda Across the State - 1/4-cent sales tax o 21 counties have included on ballot since January 8, 2008 o 3 counties have been successful and 18 have not o 6 counties plan to include the 1/4-cent sales tax on their November 4, 2008 ballot - Land transfer tax o 5 counties have included on ballot since January 8, 2008 o No county has been successful in seeing referendum approved o 1 county, Polk, plans to include the land transfer tax on its November 4, 2008 ballot Donna Coffey said that if this were to move forward, the first date that revenues would be seen would be April 1, 2009. PUBLIC COMMENT: Joe Capowski lives in Chapel Hill and he asked the County Commissioners not to put this on the ballot. He said that he was the Chairman on the grassroots organizations that was promoting the real estate transfer tax. Based on this experience, he believes that this tax has a zero chance of passing. He said that the message, "no new taxes," is simply too strong. He asked the Board not to go through the process. If this is put on the ballot, he asked that adequate time be given for a group to form and that resources be given to promote it. Commissioner Gordon said that she would like to recognize the efforts of the previous committee and thank them for their work. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to not place this referendum on the November ballot. Commissioner Nelson supports this motion. He said that the County Commissioners should put this on the ballot at some point, but he has some concerns about the timing. He thinks that it would be a tough sell, even in Orange County. Commissioner Gordon said that the economic times are not good and the County needs the revenue to take pressure off of the property tax, but there is not enough time to do this right. Commissioner Carey agreed that the County needs the revenue. He said that he got a call from a citizen, who left a long, emotional message about the fact that she was experiencing some hard times, and increased taxes were a hardship. Also, the County was going to charge her$100 to reclaim her dog that had gotten away just one day while she was at work. This citizen was crushed that she did not have the money to pay. Chair Jacobs said that part of why this came forward is because the legislature's decisions last session wound up putting the County more in the hole. This is partially an attempt to regain lost revenues. He does not want to lose sight of the fact that the County is trying to make up for what was taken from the taxpayers of Orange County to be put to other purposes by other people. Chair Jacobs requested that the Board ask staff to develop a timeline for a deliberate process for the spring election. Commissioner Carey said that it would be a harder sell if the Board had a special election. Chair Jacobs said that he would like for it not to fall off the radar. Laura Blackmon said that for a special election there would be costs associated with opening the precincts. The staff can bring a timeline. Commissioner Gordon said that the best approach is to give a timeline (when the Board is in session) that is generalized. Chair Jacobs clarified that staff will develop parameters for putting a 14-cent sales tax referendum on a ballot at some point in the future, not in 2008. He added this to the motion. VOTE: UNANIMOUS b. North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP) and Supplemental ROAP Grant Application for FY 2008-2009 The Board considered conducting a public hearing for the NCDOT Rural Operating Assistance Program (ROAP); approving the annual FY 2008-2009 ROAP grant application including supplemental request; and authorizing the Chair to sign. Department on Aging and Transportation Director Jerry Passmore thanked Commissioner Gordon for her advocacy of transportation for Orange County. This grant is all State and Federal dollars with no County match. The amount is now$199,929. He said that the department is required to hold a public hearing. Al Terry said that the ROAP is broken into three categories. Regarding Work First, all funds are funneled to the Wheels for Work program ($21,870); Elderly Disabled Transportation Assistance Program ($93,745); and the Rural General Public ($84,314). This is $10,828 more than what was received the previous fiscal year. The allocation is based on the rural population of Orange County, excluding Chapel Hill and Carrboro. There was no public comment. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to close the public hearing, approve the annual FY 2008-2009 ROAP grant application including supplemental funds totaling $199,929 for FY 2008-2009, and authorize the Chair to sign the Certification Statement of Participation. VOTE: UNANIMOUS C. Public Hearing and Final Resolution for Financing of the Animal Services Facility The Board conducted a public hearing and considered adopting a resolution required for final approval of the financing for the construction of the Animal Shelter. Gary Humphreys introduced this item. The issuance includes $8 million, plus another $1.3 million for solid waste equipment. This keeps the financing under$10 million, so there can be bank qualifying rates. This is a very favorable rate of 3.68% in this financing. The financing is for a term of 15 years. The LGC approval is scheduled for September 2nd. The maximum tax impact associated with this is .65 cents. A public hearing is required before issuing this debt. PUBLIC COMMENT: A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve adopting a resolution required for final approval of the financing for the construction of the Animal Shelter. Resolution Providing Final Approval of Terms and Documents for Financing of Animal Services Facility to.7 ..) WHEREAS: Orange County has previously determined to carry out a plan (the "Project") to finance the acquisition and construction of a new animals services facility through the use of installment financing under Section 160A-20. The County has solicited competitive proposals from banks to provide the desired financing, and Bank of America, N.A. (the "Bank"), has submitted the best proposal. BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina, as follows: 1. Determination to Proceed with Financing —The County confirms its plans to undertake and finance the Project. The County will carry out the plan with financing from the Bank, substantially in accordance with a financing proposal dated July 28, 2008. Under the financing plan, the Bank will make funds available to the County for use on Project costs. The County will repay the amount advanced, with interest, over time. The County will grant to the Bank a mortgage-type interest in the animal services facility to secure the County's repayment obligation. 2. Direction to Execute Documents - The Board authorizes and directs the Board's Chair, the County Manager and the County Finance Officer to act on the County's behalf and to execute and deliver all appropriate documents (the "Documents") for the proposed financing. It is the Board's understanding that the Documents will be in forms acceptable to the North Carolina Local Government Commission, and substantially similar to those used by the Bank in similar financings provided to other North Carolina local governments. The execution and delivery of any Document by an authorized officer will be conclusive evidence of his approval of the final form of such Document. The Documents in final form, however, must be consistent with the financing plan described in this resolution and must provide (a) for the amount financed by the County not to exceed $8,000,000, (b) for an annual interest rate not to exceed 3.68% (in the absence of default, or a change in tax status), and (c) for a financing term not to extend beyond December 31, 2023. 3. Authorization to Finance Officer to Complete Closing —The Board authorizes and directs the Finance Officer to,hold executed copies of all financing documents authorized or permitted by this resolution in escrow on the County's behalf until the conditions for their delivery have been completed to such officer's satisfaction, and thereupon to release the executed copies of such documents for delivery to the appropriate persons or organizations. Without limiting the generality of the foregoing, the Board specifically authorizes the Finance Officer to approve changes to any Documents, agreements or certifications previously signed by County officers or employees, provided that such changes do not conflict with this resolution or substantially alter the intent from that expressed in the form originally signed. The Finance Officer's authorization of the release of any such document for delivery will constitute conclusive evidence of such officer's approval of any such changes. 4. Resolutions As To Tax Matters—The County will not take or omit to take any action the taking or omission of which will cause its obligations to pay principal and interest (the "Obligations") to be "arbitrage bonds," within the meaning of Section 148 of the "Code" (as defined below), or"private activity bonds" within the meaning of Code Section 141, or otherwise cause interest components of the installment payments to be includable in gross income for federal income tax purposes. Without limiting the generality of the foregoing, the County will comply with any Code provision that may require the County at any time to pay to the United States any part of the earnings derived from the investment of the financing proceeds. In this resolution, "Code" means the United States Internal Revenue Code of 1986, as amended, and includes applicable Treasury regulations. 5. Obligations are "Bank-Qualified" —The County designates its payment Obligations as "qualified tax-exempt obligations" for the purpose of Code Section 265(b)(3), which provides certain tax advantages for financial institutions providing financing to the County. 6. Miscellaneous Provisions —All County officers and employees are authorized and directed to take all such further action as they may consider necessary or desirable in furtherance of the purposes of this resolution. All such prior actions of County officers and employees are ratified, approved an confirmed. Upon the absence, unavailability or refusal to act of the County Manager, the Board's Chair or the Finance Officer, any other of such officers may assume any responsibility or carry out any function assigned in this resolution. All other Board proceedings, or parts thereof, in conflict with this resolution are repealed, to the extent of the conflict. This resolution takes effect immediately. VOTE: UNANIMOUS d. 2009 Revaluation —Schedule of Values The Board conducted a public hearing on the schedule of values for the 2009 real property revaluation. County Assessor John Smith summarized this item. He said that Orange County revalues every four years, and the next one is scheduled for January 1, 2009. He defined revaluation as "the process of valuing universal properties as of a given date and in a uniform manner." This includes valuing 50,000+ properties and is done to adjust property values to the current market and to equalize values. The process has three parts—ongoing is done every year; specialized, which takes about two years to complete; and reviews. Ongoing is an endeavor to capture all new construction and renovations. The specialized process takes about two years and looks at where the County is in the market. As of now, the 2009 revaluation is still a work in progress. Most homeowners will see an increase an average of 15-30% over the last four years. The Use Value presented for adoption comes from the North Carolina Department of Revenue and the North Carolina Use Value Advisory Board. Once the reviews are completed in October, the public information campaign will begin and revaluation notices will be sent in December. Commissioner Foushee pointed out that there is an appeal process. John Smith said that packets will be mailed out, which walk citizens through the appeal process. T.) Chair Jacobs asked about the advantages and disadvantages of doing revaluations every two years versus every four years. John Smith said that as long you are doing it in- house, it is less expensive, but he would recommend doing them annually if he had the staff. Chair Jacobs asked clarifying questions, which were answered by John Smith. PUBLIC COMMENT: No public comment. A motion was made by Commissioner Foushee, seconded Commissioner Nelson to close the public hearing. VOTE: UNANIMOUS 6. Regular Agenda a. Issuance of Remaining 2001 Voter Approved Bonds The Board considered a request for authority to issue the remaining unissued $1.4 million Affordable Housing 2001 voter approved bonds and $5.5 million Parks and Open Space unissued bonds as Alternative Financing. nn.Reimbursement Resolution for Affordable Housinq Bonds The Board considered approving a resolution providing for reimbursement of capital expenses for Affordable Housing from the proceeds of a future financing. oo.Reimbursement Resolution for Parks and Open Space The Board considered approving a resolution providing for reimbursement of capital expenses for Parks and Open Space. Gary Humphreys said that there is some connection with this item and items nn and oo. The two resolutions for parks and affordable housing are such that money will be spent before the financing occurs. In the case of parks, the bond money is down to a few hundred thousand. The purpose of these resolutions is to preserve the ability of the County to reimburse itself for the next round of financing of parks and affordable housing. Item 6-a is about seeking permission to have some flexibility in terms of how to issue the remaining $5.5 million for parks and open space and the additional $1.4 million for affordable housing. There are some economies of sale for issuing direct placement financing. In the case of affordable housing, in order to maintain it as a non-taxable debt, it has to be less than 10% of the total debt issuance. Commissioner Nelson asked about Eno Haven that the Board voted on last June and if it was going to be taxable. Bob Jessup said that at the time that proposal was made to Orange County, he did not understand how the County's contribution to Eno Haven related to the other financing aspects of this project. It was not known at the time, that to provide the benefit Eno Haven was looking for from the County contribution, that the County contribution could not be derived from the proceeds of tax-exempt debt. The Board voted on the proposal that was made to it, which was to provide $1 million to support the project. He thinks that there was even a lack of understanding from the developers that this money would be coming from tax-exempt debt. In connection with item 6-c, if the Board wants to provide this funding to Eno Haven, it will have to come from taxable debt or cash. Commissioner Gordon asked if the Board approved 6-a, 4-00, and 4-nn, does this constrain the Board when it goes on to 6-c and it was answered no. Commissioner Gordon asked if the interest rates were low enough now that the difference between issuing as alternative financing and General Obligation (GO) bonds is such that is is lower to do alternative financing. Gary Humphreys said that it depends on whether the banks still have the capacity to do this type of financing. He thinks that the alternative financing is cheaper than doing the GO debt. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve a reimbursement resolution, which is incorporated by reference, of capital expenses for Affordable Housing from the proceeds of a future financing; AND To approve a reimbursement resolution, which is incorporated by reference, of capital expenses for Parks and Open Space. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a request for authority to issue the remaining unissued$1.4 million Affordable Housing 2001 voter approved bonds and$5.5 million Parks and Open Space unissued bonds as Alternative Financing rather than General Obligation bonds. VOTE: UNANIMOUS b. Orange County Fire Insurance District Boundary Maps The Board considered approving fire insurance district boundary maps in Orange County for twelve rural fire districts. Fire Marshal Mike Tapp introduced this item. He said that N.C. Department of Insurance has allowed fire insurance districts, for insurance purposes, to extend the boundaries from five miles to six miles, which would allow property owners who live between five and six road miles from their respective fire stations to go from a class 10 rating to a class 9 rating. This will reduce insurance premiums for fire protection. Staff is also asking the Board to approve the five-mile district insurance maps because they have changed partly due to annexations and inaccuracies in old maps. The maps have been reviewed by the N. C. Department of Insurance and approved. All of the districts are extending or requesting to extend the insurance maps, with the exception of two districts. East Alamance is under a contractual agreement with Efland to provide a service in the western part of the County. All of the properties within that area are within five road miles from the fire station. The Greater Chapel Hill Fire District has some remaining parcels left in it, which is covered by the Chapel Hill Fire Department and all of those properties are within five road miles of the fire station. Commissioner Gordon made reference to the maps and said that there are some properties that are fairly close to town, but outside the six-mile district. This is in the North Chatham district. Mike Tapp said that the maps for this district were obtained from Chatham County. The County Commissioners asked clarifying questions, which were answered by Mike Tapp. Commissioner Nelson said that it would be helpful to him if the purpose statement of the agenda items reflected what the agenda items were really about. Mike Tapp said that the N. C. Department of Insurance has information on the website about insurance premium savings. Chair Jacobs asked the Clerk to make a note of this to put the information in the tax bills. Commissioner Gordon said that she would like information about mutual aid agreements and automatic aid agreements to be given to the Commissioners. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve the six-mile insurance district maps for the rural fire districts and five-mile insurance district maps for the East Alamance District and Greater Chapel Hill Fire District. VOTE: UNANIMOUS c. Housing Bond Program — Eno Haven The Board considered approval of the issuance of a portion of the remaining authorized housing bonds as taxable bonds for the proposed Eno Haven multi-family rental complex. Housing and Community Development Director Tara Fikes said that the Bond Counsel explained this situation clearly above. The actual application has been reviewed by the North Carolina Housing Finance Agency. It is clear that, in order to get the maximum benefit of the tax credits, the bonds would have to be issued as taxable. The developer has agreed to take on the responsibility of paying the additional debt service cost that would be associated with issuing these bonds as taxable. According to the current estimate, the additional debt cost would be $260,000. Commissioner Nelson said that since this is a private company, what would happen to the project. Tara Fikes said that she is pretty sure that there will be a way to guarantee that the project remains affordable. Geof Gledhill said that a deed of trust only guarantees land returns to Orange County. The County will have the ability to get the property back. Commissioner Nelson said that this is a scarier way to proceed, but he will not vote against it. Bob Jessup said that the requirements of the federal tax credit program will impose a restriction on the property for dedication for affordable housing for at least 20 years. There is no way to take the business risk out of this. Commissioner Gordon said that she needs more time and details. She has had concerns before about private versus non-profit entities. She would prefer that Tara Fikes and Geof Gledhill come back with details about how the County would be protected. Commissioner Foushee said that she is a member of the Affordable Housing Advisory Board and she has a better understanding of the project. She said that she has some of the same concerns that Commissioner Nelson has. However, she does believe that the nature of the project is such that the County does not have this type of affordable housing for the aging and the disabled in northern Orange County. She sees this as an opportunity. She is ready to move adoption of this item. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve the issuance of a portion of the remaining authorized housing bonds as taxable bonds for the proposed Eno Haven multi-family rental complex. Commissioner Carey said that the Board specifically voted to allow for-profits to compete for projects, and the Board voted in June to approve this project. Chair Jacobs asked about a deadline. Sherrad Banks was with the developer. He thanked the Board for supporting the project in June. He said that, at the time that the agenda item was prepared, the State finance agency had not yet awarded tax credits. Just this past Friday, the State awarded tax credits for this project. He made reference to the bankruptcy issue; this project has $4.9 million in equity from the syndication of federal tax credits. This is a substantial percentage of the project. In addition to that, there is $700,000 of equity coming from the State from syndication of the State tax credits. The partner in this transaction is RBC Capital Markets. This will ensure that the project will not go belly up. There will be some private debt from the $1.7 million, and this will be the first lien on the project. The State will have a $500,000 lien on the project also. He said that it is unusual for the State to award credits to a project that has not achieved all of its financing sources yet. He hopes that the Board will support this. VOTE: UNANIMOUS 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 10. Appointments ALL DEFERRED a. Advisory Board on Aging — New Appointments The Board was to consider making one new appointment to the Nursing Home Community Advisory Committee. b. Commission for Women— New Appointments The Board was to consider making new appointments to the Commission for Women c. Nursing Home Community Advisory Committee— New Appointment The Board was to consider making new appointments to the Advisory Board on Aging. 11. Information Items-NONE 12. Closed Session A motion was made by Commissioner Foushee, seconded by Commissioner Carey to go into closed session at 10:53 pm for the purpose of: a. DEFERRED -- Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, concerning the cases of (1) Housing Discrimination Complaint: DHUD Case Name: Campbell, Robert, Minister vs. Orange County, et al.; DHUD Case Number: 05-08-0589-8;, b. (2) Orange County Investors Partnership v. Orange County Board of Adjustment, et al., Orange County Superior Court File No. 06 CVS 1060." VOTE: UNANIMOUS RE-CONVENE INTO REGULAR SESSION A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to re-convene into regular session at 11:05 p.m. VOTE:. UNANIMOUS 13. Adjournment A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to adjourn the meeting at 11:10 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board ,t174 ..) Orange County water supply reservoir water levels Available information as of 3:00 PM, Tuesday, August 12, 2008 Lake Orange • Water level is 28" below full. Stage II Eno Capacity Use restrictions have been reinstated, effective at 12:01 PM, August 8th • Water storage capacity is at 77.6% (368 million gallons) • Approximately 119 days of water supply remaining (at Capacity Use specified release rate). In accordance with provisions of the County's Water Conservation Ordinance and current water level in Lake Orange, the BOCC may elect to initiate the County's Water Conservation Ordinance Stage II Voluntary provisions for individual water users, or, given the slight excess release from the West Fork Reservoir and the vastly reduced consumption by Orange Alamance and Piedmont Minerals, may also elect not to initiate Voluntary restrictions. • The Hillsborough gage indicates that the latest Eno River flows are at approximately 2.8 cfs (approximately 1.8 mgd): This flow represents a level that is 1/4 the historical median flow levels (9 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 7/25/2008 Flast available update]) • Water level is 4" below spilling • Water storage capacity remaining is 98.8% • Approximately 344 days of water supply remaining (assuming Town's current release rate (1.8 cfs, 1. 16 mgd). • The Town is currently releasing 0.40 cfs or 0.26 mgd above its minimum required instream flow release of 1.4 cfs (0.9 mgd) for June. • The Town of Hillsborough Town Board currently has no water use restrictions on its customers in effect. OWASA Reservoirs • Water level at Cane Creek Reservoir is 5'-3" below full • Water level at University Lake is 3' — 8" below full • Total remaining water storage capacity is approximately 73.5 % • Approximately 300 days of water supply remain (at the current 30-day average daily demand [8.73 million gallons per day]) • OWASA's year-round water conservation requirements are in effect during the current water supply advisory. 1 National Weather Service/NOAA Regional Precipitation data (through 8/11/2008) (inches above 1+1 or below 1-1 normal) RDU Piedmont-Triad -1.12" since August 1, 2008 -1.84" since August 1, 2008 +0.09" since January 1, 2008 -1.33" since January 1, 2008 Miscellaneous notes The NC Drought Management Advisory Council drought map, last updated August 7, 2008, indicates that all of Orange County lies within the area characterized as experiencing "moderate drought" (the next to least severe level of their rating system). •