HomeMy WebLinkAboutAgenda - 12-01-2008 - 4ai \ ,,
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2008
Action Agenda
Item No. 4-a
SUBJECT: MINUTES
DEPARTMENT: PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
October 7, 2008 BOCC Regular Meeting
October 28, 2008 BOCC Work Session
November 6, 2008 BOCC Regular Meeting
2008
November 13 BOCC Budget Work Session
,
November 18, 2008 Transfer Station Siting meeting (5:30pm)
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends that the Board approve minutes as
presented or as amended.
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1 DRAFT
2 MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 REGULAR MEETING
5 October 7, 2008
6 7:30 p.m.
7
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, October
10 7, 2008 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
13 Carey, Jr., Valerie P. Foushee, and Alice M. Gordon
14 COUNTY COMMISSIONERS ABSENT: Mike Nelson
15 COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
16 COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
17 Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
18 members will be identified appropriately below)
19
20 Chair Jacobs said that there was a special meeting notice for a meeting before the
21 regularly scheduled meeting. He asked for a motion:
22
23 To go into closed session pursuant to G. S. 143-318.11(a)(3) to consult with an attorney
24 retained by the Board in order to preserve the attorney-client privilege between the attorney and
25 the Board, concerning the cases of: (1) Galleria of North Carolina LLC v. County of Orange,
26 Orange County Superior Court File No. 08 CVS 000192 and (2) Orange County v. Huerta,
27 Orange County Superior Court File NO. 08 CVS 343.
28
29 And to go into closed session pursuant to G. S. 143-318.11(a)(5) to discuss the County's
30 position and to instruct the County Manager and County Attorney on the negotiating position
31 regarding the terms of a contract or contracts to purchase real property, PIN 9854-70-2643,
32 owned by the Effie Draper-Savage-Nellie Draper Dick Memorial Foundation, to be used for
33 conservation purposes.
34 A motion was made by Commissioner Gordon, seconded by Commissioner Carey to go
35 into closed session for the above purposes.
36 VOTE: UNANIMOUS
37
38 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
39 AGENDA FILE IN THE CLERK'S OFFICE.
40
41 1. Additions or Changes to the Agenda
42 Chair Jacobs went through the items at the County Commissioners' places. There were
43 several documents provided by citizens.
44 The lavender sheet was a revised Planning Board appointment sheet. There was a
45 draft agenda for the October 14`h work session. Chair Jacobs encouraged the County
46 Commissioners to make any comments to the Manager or the Clerk because there was a little
47 bit of a change to what was originally planned.
48 He read the press release that went out today regarding the transfer station public
49 comment process:
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1 "The Orange County Board of Commissioners held a scheduled work session on
2 September 16, 2008 on the topic of siting a Solid Waste Transfer Station. Included in the
3 materials for that meeting were documents related to soliciting public comment as part of the
4 ongoing siting process. Neither the future steps in the process nor the `Community-Specific
5 Criteria-Public Input Form' suggested by the consultant, Olver, Inc., were approved by the
6 Board. No deadline for submitting public comment was established by the Board either.
7 Olver, In. was instead directed by the Board to suspend the proposed public meetings
8 and to report its independent professional findings under the Comuunity-Specific criteria at the
9 next Transfer Station siting meeting. County management and Olver, Inc. will provide a
10 recommended strategy to the Board at the next Transfer Station siting meeting on how best to
11 incorporate public comment into the overall siting process.
12 The next Transfer Station siting meeting will be held at the Southern Human Services
13 Center on Homestead Road in Chapel Hill on Tuesday, October 21 starting at 5:30 p.m. Each
14 Transfer Station siting meeting agenda includes a period reserved for public comment. The
15 Board of Commissioners values public comment, has built opportunities for residents to speak
16 into every step of the process, and will continue to do this in keeping with Orange County
17 traditions of openness and participatory government."
18
19 Chair Jacobs said that the addition to the agenda was a presentation by the Emergency
20 Services Director.
21 Emergency Services Director Frank Monies de Oca made this presentation.
22 Chair Jacobs distributed the Certificates of Recognition.
23
24 Re: Certificate of Recognition
25
26 Presented by: Commissioner Barry Jacobs, Chair
27
28 Presented to: Hillsborough Police Department
29 Orange Rural Fire Department
30 Orange County 9-1-1 Communications
31 Orange County Emergency Medical Services
32
33
34 Accepting for each department:
35
36 Hillsborough Police Department -Lieutenant Brad Whitted on behalf of Officer
37 Scott Foster and Officer Mike Foushee
38
39 Orange Rural Fire Department -Captain John Moore on behalf of Deputy Chief
40 Mac Cabe, Lieutenant Adam Guttman and Firefighter Billy Smith
41
42 Orange County 9-1-1 Communications -Corporal Josh Robinson and
43 TelecommunicatorTnmmy Holmes
44
45 Orange County Emergency Medical Services - Lt. AI Hunt and Captain Kim
46 Woodward
47
48 On August 26, 2008 Cpl. Josh Robinson received a call from an Orange Rural First Responder
49 over the radio reporting a crane accident behind the Orange Rural Fire Department in which a
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1 construction worker was reported to be in cardiac arrest. Two other workers were injured while
2 removing the subject from the live wires and began CPR.
3
4 Orange County 9-1-1, Orange County EMS, Hillsborough Police Department, and Orange Rural
5 Fire Department worked together as a team while responding and rendering care to the victims.
6
7 This event represents the teamwork that occurs daily throughout Orange County and illustrates
8 the dedication and hard work of our emergency response partners.
9
10
11 PUBLIC CHARGE
12
13 The Chair dispensed with the reading of the public charge.
14
15 2. Public Comments
16 a. Matters not on the Printed Agenda
17 Cliff Leath read a prepared statement:
18 "I am addressing the Commissioners this evening on behalf of Preserve Rural Orange
19 (PRO) to ask for your help and support on an issue that is very important to rural communities
20 throughout Orange County.
21 In April of 2002, UNC-Chapel Hill announced the closure of Horace Williams Airport so
22 that their plans to build Carolina North could be realized. Under pressure from UNC's Medical
23 School AHEC program and a national aircraft owners and pilots' association, the N. C. General
24 Assembly passed legislation in September 2002 requiring the University to keep the airport
25 open until January 2005. Further legislation passed in July 2004, mandated that the University
26 keep Horace Williams open until a replacement facility for AHEC's MedicalAir Operations was
27 found.
28 In 2002, UNC commissioned a feasibility study from Talbert and Bright, a prominent
29 aviation consulting firm, to find an alternative site for Horace Williams Airport. In May 2005, the
30 study identified RDU as the top ranked site to relocate UNC's AHEC MedAir Operations. The
31 Talbert & Bright study identified other lower ranked sites in the county. The second ranked site,
32 scoring 60 of a possible 68 points, is "Site H" located off Orange Chapel Clover Garden Church
33 Road in rural southwest Orange County. The third site, "Site 9", is located west of Orange
34 Grove Road and scored 53 points.
35 On May 26, 2005, Talbert & Bright presented the results of their study at a UNC Board
36 of Trustees meeting. In the same meeting, the Trustees unanimously endorsed and accepted
37 the study's conclusion that RDU met the University's criteria for AHEC MedAir flights. MedAir
38 flights represent less than 25% of the flights to and from Horace Williams. The Trustees'
39 decisions regarding the relocation of Horace Williams to RDU are included in the official record
40 of the Trustees' resolution in support of Carolina North.
41 http•//www unc edu/news/archives/may05/bot carolinanorth052605.html
42 Preserve Rural Orange deeply appreciates Chairman Jacobs' June 11, 2008 letter to
43 Speaker Hackney, Senator Kinnaird, and Representatives Faison and Insko in which he
44 questioned the bypassing of local authority regarding the use of eminent domain in House Bill
45 2725 and the bill's attempt to undermine Orange County's Land Use Plan. Commissioner
46 Jacobs' request to table HB 2725 pending a thorough discussion of the airport issue was
47 ignored by our elected officials. Senate Bill 1925, an appropriations bill for the University of
48 North Carolina System, was passed in the legislative short session. Buried in SB1925 is
49 Section 4. Section 4 granted the UNC Board of Governors the power to effectively create a
50 municipality out of thin air in the name of an "Airport Authority." The UNC Airport Authority is a
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1 political subdivision of the State has the power of eminent domain, and can bypass county
2 regulations. UNC and UNC Healthcare are granted majority membership in the Authority,
3 seating eight out of fifteen members. SB1925 was passed without consulting Orange County
4 Commissioners or citizens who would be affected by the creation of an Airport Authority.
5 The University recently released a Talbert & Bright economic impact study based on a
6 regional airport located in Orange County. Their study projects 40-50 million dollars annual
7 revenue from an "unrestricted" general aviation airport in Orange County. If we accept the
8 Talbert & Bright economic report, are we to assume that the University is now the un-elected
9 planning board for the county?
10 We do not believe the 2008 Talbert & Bright study is an accurate assessment of the
11 economic benefits. We ask the county to assess the accuracy of Talbert & Bright's May 2008
12 "working paper." We believe the University is using this unverified paper, written by an aviation
13 consulting firm, as economic justification for the airport.
14 This heavy handed and opaque progression of events that purposely bypassed the
15 County Commissioners and county voters is very troubling. We cannot wait for the Airport
16 Authority to issue letters of eminent domain which would, as you know, make it impossible for
17 landowners to remain on their property.
18 Given the University's proximity to RDU, a county airport is not needed to fulfill the
19 AHEC's mission. The Burlington-Alamance Regional Airport recently received $5 million in FAA
20 funds to lengthen their runway in order to accommodate larger jets. The Burlington Airport
21 Authority made a proposal to UNC in 2005 offering to accommodate AHEC MedAir Operations.
22 Duke Medical currently flies out of Burlington-Alamance. WE ask the commissioners to include
23 Burlington's proposal in discussions you hold with UNC.
24 If land is taken by eminent domain for an airport in southwest Orange County, the
25 county will lose active farmland that has been passed down from family to family for
26 generations. We ask the commissioners for a resolution condemning the use of eminent
27 domain for commercial purposes.
28 We believe the proposed airport is an environmental disaster. An airport would put our
29 well water at risk and endanger the Haw River watershed without regard for the people
30 downstream that rely on the watershed for drinking water. Diabase sill dikes run beneath Site H
31 properties and prevented a landfill from being built many years ago.
32 We believe that creative solutions to concerns raised by AHEC staff and the University
33 regarding commute times to RDU have not been explored. UNC is a research facility. Surely,
34 for much less than $50 million, the University can devise and implement an environmentally and
35 economically sound plan to transport UNC and AHEC staff to and from RDU. We enlist the
36 help of the commissioners to be certain that solutions other than a new airport are considered
37 by the Airport Authority.
38 We believe that both federal and state taxpayer's money, spent on an airport built
39 mostly to serve special interest groups, could be spent much more effectively elsewhere in
40 Orange County and the state of North Carolina.
41 We respectfully request the Commissioners take a public stand on the airport issue and
42 censure the legislature for bypassing Orange County voters with SB 1925.
43 We request a referendum to allow the people of Orange County to weigh in on the
44 airport issue with their votes.
45 If the airport site selection process proceeds, we ask that the commissioners commit to
46 making certain that county land use, zoning and permits are strictly enforced.
47 We request the commissioners to exert loud and clear objections to any special interest
48 groups, such as a member of the Aircraft Owners and Pilots Association, being appointed to
49 serve on the UNC Airport Authority. The AOPA has demonstrated their dedication to lobbying
50 for a regional airport in Orange County many times since 2002.
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1 Preserve Rural Orange has a significant grassroots effort underway to persuade the
2 University that building a new county airport would be an unnecessary, expensive, and wasteful
3 use of taxpayer dollars with additional untold costs of infrastructure and maintenance. We have
4 collected 1,800 citizens' signatures in a matter of weeks. Preserve Rural Orange feels we have
5 significant community support and request that the commissioners take action on this matter."
6
7 Chair Jacobs said that this matter would be referred to the staff. The County
8 Commissioners have not discussed the airport issue yet. The process will be as open as
9 possible.
10 Will Raymond is a citizen of Chapel Hill. He spoke about the transfer station siting
11 process. He said that now is the time to start deciding what the County's obligation is in terms
12 of managing solid waste. He said that the County has an obligation to take care of the trash in-
13 County. He said that the County has a finite ability to take care of trash in the community and
14 there should be a decision to live within the means. If the community is going to generate
15 waste, then the community needs to manage it. He said that there have been some missteps
16 with Olver. He said that the answers coming back to the Board of County Commissioners from
17 Olver are not suitable to the Board. He said that the specific criteria weighting was unclear to
18 the community. There was also some confusion about the community input, process: He said
19 that he is encouraged by the airport group and by the Hillsborough and Rogers Road
20 community, in that they have not made the "us vs. them" issue yet. He thinks that the
21 community can work against the natural tendency of us vs. them and make this a collaborative
22 process. He said that tonight should be the night that the County Commissioners should start
23 thinking about siting the next landfill. He suggested siting either an incineration site or a new
24 landfill. He thinks that it should be a new landfill.
25
26 Sara Shields read a prepared statement:
27 This is a request to reconsider acceptable standards of land use in rural farm areas of
28 the county for all organizations, including civic and churches, in keeping with the. rural
29 character.
30
31 ISSUE:
32 1) The development and use of these types of lights is not appropriate for rural areas of
33 the County where farm operations could be disrupted or where individuals could be
34 prevented from making reasonable use of their property. I live in the County to avoid
35 this type of intrusion. These types of lights are more suited for an urban
36 environment.
37 2) With the special events and recreational activities at the church there has been an
38 increase in the amount of noise generated by the church, affecting our ability in
39 making reasonable use of our property.
40
41 REQUEST:
42
43 We have lived in Orange County almost 30 years, since 1979. We have lived at 1600
44 Jimmy Ed Road in Northern Orange County for 11 years. We have 15 acres of pasture land
45 with our residence, barn for our horses, and a riding ring.
46 Recently erected athletic field lights shine into our residence creating a disturbance.
47 There have been occasions when the lights were on after 9 p.m. and we were told that they are
48 entitled to be on until 11 p.m. or later, if a game is in progress. Recent activities at the church
49 are extremely noisy and negatively impact our ability to make reasonable use of our property.
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1 We requested action by county staff in the early part of September to investigate the
2 situation and determine how to address our concerns. We talked with the zoning enforcement
3 office and received information that steps were being taken to address identified violations. We
4 appreciate the action taken to address our specific situation but request that the County Board
5 of Commissioners consider the appropriate use of rural areas and the impact of urban scale
6 building, regardless of use, on the neighbors at large.
7 Through this presentation, I request that the Board of County Commissioners begin to
8 investigate the following to address my concerns:
9 1) I would like the Board of County Commissioners to direct the appropriate County
10 staff person to begin the process of reevaluating the viability of the existing lighting
11 regulations, as detailed within Section 6.31 of the Zoning Ordinance focusing on the
12 following:
13 a. The appropriateness of allowing for athletic field lights to be erected in rural
14 areas of the County,
15 b. The appropriateness of allowing for these types of lights to be on until 11:00
16 p.m. in rural portions of the County where they could impact farming
17 operations and diminish the quiet enjoyment of homeowners' property.
18 c. The appropriateness of the existing standards. While I understand that these
19 regulations were recently amended, I do not believe that sufficient attention
20 was paid when drafting these regulations to address the total amount of
21 acceptable outdoor lighting for properties within the County nor do I believe
22 that there was sufficient attention paid to the need to distinguish acceptable
23 level of lighting between the urban and rural areas of the County.
24
25 It is my hope that there could be some report on this matter by the end of the
26 year.
27
28 2) I would like the Board of County Commissioners to direct appropriate County staff
29 person to begin the process of evaluating the acceptable levels of development for
30 churches within the County to determine what are truly acceptable accessory uses.
31 In my opinion, ball fields with lights and bleachers or other similar recreational
32 amenities are not appropriate, especially in a rural setting.
33 3) I would like this review to include acceptable time frames, both hours and days, for
34 lights and noise generated by use of~the ball field given that it is located in a rural
35 farm setting."
36
37 Chair Jacobs said that this matter would be referred to staff. He said that he also
38 received her letter and will let her know of any action steps taken.
39 Amy Jeroloman was representing Orange County Voice, which is a group of concerned
40 County residents who are united against the University's regional airport project. She said that
41 Orange County Voice would like to acknowledge and support the Preserve Rural Orange efforts
42 to oppose Site H in the southwest Orange County area. Additionally, Orange County Voice is
43 mounting a countywide opposition to the airport and any of the sites mentioned in the Talbert &
44 Bright report. As it is currently defined, the Airport Authority's membership is stacked against
45 Orange County representation. Orange County Voice sent letters to Chancellor Thorp and Dr.
46 Roper expressing that this be looked at further so that the County would have appropriate
47 representation. Orange County Voice is also concerned with several statements that Brad
48 Broadwell, Orange County Economic Development Director, has recently made to the media.
49 Mr. Broadwell seems to be supporting the University's airport project and has claimed that this
50 will result in positive economic impact for Orange County. She said that if Mr. Broadwell is
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1 referring to the May 2008 Talbert & Bright report for the University, this report is a working
2 document and any specific facts on positive economic impacts are lacking. She said that the
3 report is essentially a marketing tool to sell a product by the aviation industry. Lastly, Orange
4 County Voice is concerned that the Airport Authority will attempt to bypass Orange County's
5 regulatory authority.
6 Marilee McTigue was also representing Orange County Voice. She said that, in
7 anticipation of the airport siting request, Orange County Voice asks that the Board of County
8 Commissioners initiate a study of Orange County zoning and land use ordinances to determine
9 whether they sufficiently protect our watersheds and other protected natural resources and
10 whether they are suitable, given our population growth. She said that the County's zoning
11 related to airport siting is over 20 years old and preceded Cane Creek Reservoir and other
12 watershed protection obligations. The population is growing quickly, and there is a fear that the
13 natural resources are not sufficiently protected. Orange County Voice asks that the Board of
14 County Commissioners consider requiring full rezoning rather than special use permits in order
15 to site an airport anywhere in the County. This designation would offer more protection of
16 natural resources. She asked the County Commissioners to act quickly.
17 Tara Nichols said that she is an attorney representing Lattisville Grove Missionary
18 Baptist Church on Jimmy Ed Road in Hurdle Mills. She spoke about the issue with the ball field
19 lighting. She said that Mrs. Shields indicated that when she bought her property she intended
20 to live in a rural environment. She said that this area is still rural. The ball field lights are part of
21 the church's ball field that was built according to and in compliance with the rules and the
22 regulations of the County's zoning department. There were some minor adjustments that
23 needed to be made, and as soon as the church was made aware of those, it has been working
24 with the staff to take care of those problems. Regarding the issue about the lights being on
25 past 9 p.m., she said that the lights have not been on past 9:30 p.m. and nowhere near 11:00,
26 which is the official time that they are not supposed to be on. She said that the ball field, the
27 church, and everything that the church is doing is being done to create an opportunity for that
28 area and that rural community to have things that are not in this area already such as the ball
29 field. The original building of the church was across the street and the church bought property
30 and moved across the street in the same vicinity. She said that any problem that Mrs. Shields
31 has with the church, the church is willing to work with her. She said that the lighting was
32 installed according to the rules and regulations of the County. There are some minor
33 adjustments to be made to be in total compliance.
34 Commissioner Carey asked how long the church has been there and it was answered
35 that it has been there over 125 years. Pastor George Crews said that he is willing to work with
36 Mrs. Shields or anyone else in the community. He said that the lights have not been on past
37 9:30 p.m. and there has not been a game at the church yet because the field is not finished.
38 His opinion is that this is just an opposition to the ball field.
39
40 Jay Bryan is Chair of the Orange County Planning Board. He said that at the last Planning
41 Board meeting, the Planning Board discussed, upon the request of a citizen, the issue of the
42 airport and its location. It was not on the agenda, but it was allowed. As a result of the
43 discussion, there was a motion made by the Planning Board. He read the statement:
44
45 "The Planning Board resolves that the prospect of an airport in Orange County has
46 significant implications for the citizenry and for the quality of our drinking water and the quality
47 of our environment, and that we advise the Board of Commissioners that we believe it's
48 important to have the Planning Board and staff look at what the regulatory regime is as to
49 airports in the County and to offer recommendations to you within the next 12 months."
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1 b. Matters on the Printed Agenda
2 (These matters were considered when the Board addressed that item on the agenda
3 below.)
4 3. Proclamations/ Resolutions/ Special Presentations
5 a. Orange County Arts Grant Recipients
6 The Board presented checks to local artists and arts organizations receiving the 2008
7 Spring cycle of Orange County Arts Grants.
8 Chair Jacobs announced the recipients.
9
10 Spring Cycle, 2008 OCAC Arts Grant Recipients
11
12 Grant Recipient Attendee
13 ArtsCenter - Phaedra Kelly
14 (Special Needs Dance Classes for Teenagers & Adults)
15 *Tracey Broome (Community Gas Kiln Construction) Tracey Broome
16 Burwell School Historic Site/Historic Hillsborough Commission - Betty Eidenier
17 (Photography Exhibit by Lucian Read)
18 Cameron Park Elementary School - Laura Casey
19 (African American Dance Ensemble Performance)
20 Carolina Culture Zone - Not Available Tonight
21 (OCAC Arts Incubation Program - 2"d Year)
22 Carrboro, Town of/Carrboro Film Festival Gerry Williams
23 (2008 Carrboro Film Festival)
24 Carrboro, Town of/Carrboro Music Festival - Gerry Williams
25 (2008 Carrboro Music Festival)
26 Central/Efland-Cheeks & Grady Brown Elementary Schools Coalition - Janice Wereszczak
27 (Phillip Shabazz Poetry Residencies for 3`d 4tn & Stn Grades)
28 Chapel Hill-Carrboro Public School Foundation - Not Available Tonight
29 (Student/School Enrichment Grants in the Arts)
30 Efland-Cheeks Elementary School PTA - Victoria Frisch
31 (Artist in Residency Program -various artists)
32 Estes Hills Elementary School PTA - Beverly Tyndall & Caroline Sherman
33 (Artist Fees for School Performances -various artists)
34 Gravelly Middle School - Clark Norman
35 (Sankofa Residency)
36 Hillsborough Arts Council - Tinka Jordy
37 (Performing Artist & Artist Demonstrators at Last Fridays)
9
1 McDougle Elementary School PTA - Lisa Bobst
2 (Kevin Locke & Hobey Ford Performances)
3 McDougle Middle School PTA - Lisa Bobst
4 (Phillip Shabazz Poetry Residency)
5 North Carolina Arts in Action - Lisa Van Deman
6 (Residencies for 4th & 5th Graders at Rashkis & Frank Porter Graham)
7 North Carolina Symphony - Not Available Tonight
8 (Educational Concerts for Orange County Students)
9 Orange County Artists Guild Not Available Tonight
10 (Video Clips to Publicize Annual Studio Tour)
11 Partnership Academy Alternative School - Susan Marshall & Paige Marsh
12 (Teaching Artist Residency)
13 PlayMakers Repertory Company - Stacy Payne
14 (General Operating Support for Entire Season)
15 Residential Services, Inc. - Jocasta Britt
16 (Summer Art Class)
17
18 b. Recognition of Visitors Bureau Awards
19 The Board considered recognizing the Orange County Visitors Bureau for being
20 awarded six travel and tourism awards by industry colleagues across the region at the annual
21 North Carolina tourism conference held this summer.
22 Economic Development Director Brad Broadwell said that he was representing Laurie
23 Paolicelli for the Orange County Visitor's Bureau. He recognized the OCVB staff including
24 Linda Ekeland, Patty Griffin, Dale Chodorow, Tina Fuller, and Susan Rice.
25 The Chapel Hill-Orange County Visitor's Bureau received the top award at the
26 Destination Marketing Association of North Carolina Annual Meeting. In the summer, OCVB
27 received six awards -one platinum, four gold, and one of the Innovation Destination Marketing
28 awards. There were 150 entries, and 44 Destination Marketing organizations that comprise the
29 association. The Visitor's Guide won a platinum award, the annual report won a gold award,
30 the eNewsletter was honored, the leisure travel ad won a gold award, the sales department's
31 60,000 Fans meeting planners promotion won a gold award, and the bureau received one of
32 the three Innovation Awards given in the "Best Local Stakeholder Relations" category for the
33 1,000 Postcards promotion.
34 Chair Jacobs congratulated them on behalf of the Board of County Commissioners.
35
36 c. Alamance County/ Orange County Boundary Line Update
37 The Board received historical information on the issue of the Alamance/Orange County
38 Boundary Line and a status report on boundary issues and strategies and discussed the
39 timeframe for a possible public hearing.
40 Assistant County Manager Willie Best said that this issue started in 1996 where prior
41 attempts were made to find the original line and were unsuccessful. The reason that Orange
42 County is trying to locate the original line is to prevent development that is now occurring on the
43 Orange County/Alamance County line and people do not know which county they live in. This
44 has created a lot of issues with large developments. There have been a couple of meetings on
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1 this issue in Alamance County on September 3~d and 4th. One was at the Herndon Baptist
2 Church and the other was at the Arts Center. Prior to the meetings, staff sent out 422 letters to
3 potential homeowners that would be affected by the relocation of the original line. The
4 concerns expressed at the meetings included taxes, schools, emergency services, etc. He said
5 that Orange County is not trying to draw a new line, but only trying to find the original line from
6 1849. If the County decides to support the line done by the surveyor, the County may lose
7 some property tax revenue. This line would provide a certified way to determine exactly where
8 the line is. The money for the survey was provided by the State.
9 He said that the staff has proposed that Orange County would use mutual aid
10 agreements to do emergency services and fire protection. There is also discussion about
11 grandfathering the children into the schools where they attend at this time. The issue with that
12 ~ is that the school board would have to agree to this.
13 He made reference to Attachment 1 b, which was a table of the numbers of households
14 that would go from Alamance to Orange and from Orange to Alamance. Orange County would
15 receive the most number of students from the switch. He said that both counties would
16 hopefully hold public hearings on this matter in December.
17
18 Chair Jacobs reiterated that this is only a report and the County Commissioners are in
19 the process of establishing the next steps and are not wedded to any particular idea.
20 Commissioner Gordon asked clarifying questions about the maps and Willie Best
21 answered.
22 Willie Best pointed out that nothing can happen with the line unless both boards agree.
23
24 PUBLIC COMMENT:
25 Ann Robbins said that she has lived at 312 N. Ninth Street in Mebane for 43 years. She
26 said that in 1978, she was allowed to start paying her taxes to Alamance County without the
27 boundary line being moved. She spoke on behalf of the North Ninth Street Mebane Area
28 Boundary Line Dispute. She realizes that all information is received from the GIS mapping
29 department, Tax department, and other departments. She said that they are more than
30 numbers or parcels, but they are residents that have lived in their homes and raised their
31 children their whole lives. She said that the residents are at the County Commissioners' mercy.
32 She said that the residents did not know anything about the boundary line coming up again.
33 When she took the petition in May, no one knew anything about it. She said that no one knew
34 that in 1978 the residents in this area were allowed to pay taxes in Alamance County without
35 the boundary line being moved. She asked the County Commissioners to use the original for
36 tax purposes only line, which would put their property in Alamance County once and for all.
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37 She quoted one of the Commissioners, Economic times are not good and the timing is not right
38 during a recession, even if it's not officially a recession." She asked that the County
39 Commissioners have compassion for them.
40 Everett Green is a Mebane City Councilman and said that he has had more comments
41 and concerns from people that live along Ninth Street. He said that the demographics on Ninth
42 Street include retired people, people on fixed incomes, people with health issues, and they
43 would be greatly affected by this. He asked the County Commissioners to look at this from the
44 perspective of who it will affect.
45
46 Laura Blackmon said that this was a report to update the Board of County
47 Commissioners and the staff is looking for direction from the Board. There is a concern that
48 this be resolved before the new Board composition.
49 Chair Jacobs said that he would like to know what Alamance County is saying about
50 this.
11
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1 Commissioner Foushee would like to hold a public hearing and coordinate it with
2 Alamance County.
3 Commissioner Carey suggested that the new Board be a part of this public hearing
4 process.
5 Commissioner Gordon agreed that the new Board needs to deal with this.
6 Chair Jacobs said that he would like to see some of the mapping alternatives that would
7 address the residents' concerns. He would also like for there to be a report on the experience
8 in working with the Chatham County line. He does not recall any negative responses once the
9 line was resolved.
10 Commissioner Carey said that this Board did not have a joint public hearing with
11 • Chatham to resolve that issue and Commissioner Gordon said that there are a lot more people
12 now than there was with Chatham County.
13 Chair Jacobs assured the residents that they would be informed of the process as it
14 moves forward.
15
16
17 4. Consent Agenda
18 A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
19 approve those items on the consent agenda as stated below:
20
21 a. Minutes
22 The Board approved the minutes from June 17, 24, August 19, 25 and September 2, 2008 as
23 submitted by the Clerk to the Board.
24 b. Appointments
25 1) Nursing Home Community Advisory Committee -Reappointments
26 The Board reappointed Sharon Karnash to a full term ending June 30, 2011; Susan Taylor
27 to a full term ending September 30, 2011; and Sue Waters to a second full term ending
28 September 30, 2011.
29 c. Property Tax Releases
30 The Board adopted a resolution, which is incorporated by reference, to release property values
31 related to six (6) requests for property tax release in accordance with N.C. General Statute 105-
32 381.
33 d. Applications for Property Tax Exemption/Exclusion
34 The Board approved a resolution, which is incorporated by reference, related to twenty (20)
35 untimely applications for exemption/exclusion from add valorem taxation for the 2008 tax year.
36 e. Domestic Violence Awareness Month Proclamation
37 The Board approved a proclamation, which is incorporated by reference, recognizing the month
38 of October as Domestic Violence Awareness Month and authorized the Chair to sign.
39 f. Resolution Authorizing Public Hearings on Extension of Bond Authorizations
40 The Board approved a resolution, which is incorporated by reference, authorizing the
41 scheduling and advertising of public hearings at the Board's October 21, 2008 regular meeting
42 for the extensions of the two 2001 bond authorizations.
43 g: Contract Approval: Inmate Medical Services
44 The Board approved a contract, contingent upon final review by staff and the County Attorney,
45 with Dr. James Strickland for inmate .medical services for the period October 1, 2008 through
46 June 30, 2009 in the amount of $6,000 per month and authorized the Chair to sign subject to
47 final review by staff and the County Attorney.
48 h. Animal Services Community Spay/ Neuter Agreement with AnimalKind
49 The Board approved an agreement between Orange County and AnimalKind in the amount of
50 $15,000 that would be expended in the current fiscal year for the spay and neuter of pets
12
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1 belonging to low income Orange County residents, both those who are clients of the
2 Department of Social Services and those who are not and authorized the Chair to sign, subject
3 to final review by staff and the County Attorney.
4 i. Contract for Architectural Feasibility and Design Services, Jail Expansion
5 The Board approved a contract, contingent upon final review by staff and the County Attorney,
6 with Ware Bonsall Architects to conduct a feasibility student covering options for adding cell
7 space to the County's Jail at anot-to-exceed cost of $17,500; and exempt this project from the
8 qualifications based selection process for architects and engineers as provided in G. S. 143-64-
9 32; and authorized the Chair to sign on behalf of the Board.
10 L Animal Services Facility Site Lighting Utilities Right of Way Agreement with Duke
11 Ener
12 The Board approved aRight-of-Way Agreement for the installation and maintenance of
13 electrical site lighting utilities built to service the Orange County Animal Services Facility; and
14 approved the Service Agreement between Duke Energy and Orange County for Leased Site
15 Lighting for the Orange County Animal Services Facility; and authorized the Chair to sign,
16 subject to final review by the County Attorney.
17 k. Resolution Providing Approval for Spin-Off of Time Warner Cable, Inc.
18 The Board adopted a resolution, which is incorporated by reference, providing approval for the
19 spin-off of Time Warner Cable, Inc. from its parent company, Time Warner, Inc.
20 I. Bid Award Twenty (20) Eight Cubic Yard Corrugated Cardboard Containers
21 The Board awarded a bid to Bakers Waste Equipment from Morganton, NC at a cost of
22 $22,500, for the purchase of twenty (20) metal, eight cubic yard containers (dumpsters) to be
23 used for the collection of corrugated cardboard; and authorized the Purchasing Director to
24 execute the necessary paperwork.
25 m. Authorization to Purchase Cardio Equipment for Sportsplex
26 The Board authorized the Purchasing Director to purchase Cardio exercise equipment for the
27 Sportsplex in an amount not to exceed $70,349; and authorized the Purchasing Director to
28 execute paperwork necessary to effect the purchase.
29 n. Education Facilities Impact Fee Reports -Receipt
30 This item was removed and placed at the end of the consent agenda for separate
31 consideration.
32
33 VOTE ON CONSENT AGENDA: UNANIMOUS
34
35 ITEMS REMOVED FROM CONSENT AGENDA:
36 n. Education Facilities Impact Fee Reports -Receipt
37 .The Board considered receiving the Draft Education Facilities Impact Fee reports
38 prepared by TischlerBise and directing staff to set a public hearing for the October 21, 2008
39 BOCC meeting.
40 Commissioner Gordon recommended that the Board receive the draft reports and defer
41 decisions about the timeline until the Board has more time to discuss how it fits into the
42 timeline.
43 A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
44 receive the Draft Education Facilities Impact Fee reports prepared by TischlerBise.
45 Commissioner Foushee asked if Commissioner Gordon was saying that the public
46 hearing should not be set until the student generation rates are decided. Commissioner
47 Gordon said that she did not know, but the only thing that has a fixed deadline is the student
48 generation rate.
49 Chair Jacobs said that a public hearing could be held in November.
50 VOTE: UNANIMOUS
13
;u
1
2 5. Public Hearings
3
4 a. Review of Class A Special Use Permit Proposing the Development of a
5 Montessori School
6 The Board considered receiving final. requested information and taking action on a Class
7 A Special Use Permit application proposing the development of a private school at 711 Terry
8 Road (SR 1573). -
9
10 Michael Harvey: This item originally began when you reviewed the application
11 September 16, 2008 at a County Commissioners' meeting where staff was asked to provide two
12 additional pieces of information. Specifically, we were asked to get the final definitive statement
13 from the Fire Marshal indicating whether the proposed fire access roads around the school
14 buildings had to be paved and two, if the Caldwell Fire Department could provide fire protection
15 services to the facility. We have gotten those answers for you, they are in attachments 3 and 4
16 respectively. You will note from the abstract that the Fire Marshal has indicated that State fire
17 codes do not require a paved fire lane, but the fire lane must be approved to, and I quote,
18 "Support the imposed loads of fire apparatus, and shall be surfaced so as to provide all weather
19 driving capabilities." Secondly, we have a letter from the Caldwell Fire Department indicating
20 that they can provide fire service with a stipulation that the applicant provide an alternative water
21 source, specifically a 30,000 gallon water source somewhere on the property in order to provide
22 fire suppression services. As we informed the Board at the last meeting, we have a condition
23 specifically, I believe it's number 2 (page 35), that indicates that if the SUP is approved that a
24 condition be placed on the SUP that the Fire Marshal and representatives of the Caldwell Fire
25 Department shall review and approve the revised site plan prior to the approval of any building
26 and zoning compliance permit, approving the location of all proposed improved fire lanes and
27 stacking areas, verifying that they comply with all applicable North Carolina Fire Protection
28 Code standards, and approve the development, size, and use of the pond as an emergency
29 water source for fire suppression activities prior to the start of land-disturbing activities on the
30 property. I believe that this condition addresses and incorporates the suggestions and
31 comments of both the Fire Marshal and the Caldwell Volunteer Fire Department, in terms of
32 ensuring that fire suppression services be received on the property.
33 With that, you have before you a recommendation from the Administration that you
34 receive these memorandums and impose any additional questions that you would like, that the
35 public hearing then be closed and that the deliberations begin on the application as presented
36 to you this evening.
37
38 Geof Gledhill: After you close the public hearing, you should expressly make findings
39 either positively or negatively. If the Board is comfortable with all of the findings, you can do it
40 all at once or single out. This is beginning on page 5 through page 34. Just a note about that,
41 the resolution approval captures what actually is the case with respect to.the finding on Article
42 8.2.1, which is on page 34 about formal evidence. What this document says is, "No formal
43 evidence was presented to the Planning Board refuting Mr. Knight's findings." There was in fact
44 evidence submitted as part of the public.hearing refuting Mr. Knight's findings, so I'd cross that
45 off before making the finding. The Administration recommendation is that you find that Mr.
46 Knight's findings controlled the issue. If you should agree with his findings rather than the other
47 findings, but there was evidence submitted refuting his findings.
48 The only other thing that I would add would be recommended condition #10, neighboring
49 roads, if the Planning staff would make that more specific, then I think I would feel more
50 comfortable and perhaps they could make that more specific right now.
14
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1 Commissioner Carey asked Geof Gledhill to repeat this.
2 Geof Gledhill: On page 35, condition #10, on the last line, it says, "keep their guests
3 from parking on neighboring roads or on neighbors' property." I would want you to ask the staff
4 to name those neighboring roads.
5 Chair Jacobs: We'll get to the specifics of the recommendation.
6 Commissioner Gordon: In terms of the action to #3 in the Manager's
7 recommendation, the first part, "Take action to approve the application, and impose 15
8 recommended conditions.....and the Resolution of Approval." But it isn't laid out exactly that
9 way in any one document. I would have accepted a Resolution of Approval that you have listed
10 with the conditions somehow in. I would need to understand that if it is a Resolution of Approval
11 that you are moving the Resolution near the end, plus the recommended conditions.
12 Chair Jacobs: Commissioner Gordon is essentially questioning the way in which it was
13 presented, I had the same reaction.
14 Commissioner Gordon: I would have thought that there would have been a resolution
15 that listed all of the conditions.
16 Geof Gledhill: I would recommend two things about the Resolution of Approval when
17 you get to it. One of them is that you incorporate the conditions into the Resolution of Approval,
18 and the second is that the Now, Therefore Be it Resolved language in the first resolution be
19 changed from "is denied" to "is approved."
20
21 A motion was made by Commissioner Carey, seconded by Commissioner
22 Foushee to close the public hearing according to the worksheet provided in Attachment
23 2.
24 VOTE: UNANIMOUS
25
26 Geof Gledhill: I think the Now, Therefore Be it Resolved would be, and I'm looking at
27 the Resolution of Approval, the resolution should say, "The special use permit is approved
28 subject to the recommended conditions of approval. You can refer to the page in the abstract
29 for that.
30 Chair Jacobs: Do we want to talk about the recommendation for the items on 35 and
31 36? The Attorney suggests specificity regarding neighboring roads, which I assume are Terry
32 Road, New Sharon Church Road, and St. Mary's Road.
33 Geof Gledhill: My preference would be not to include any future roads yet to be built or
34 named.
35 Commissioner Gordon: I guess the other thing is, I don't know exactly how the 15
36 conditions relate to the findings.
37 Geof Gledhill: How many of the conditions are necessary in order to make positive
38 findings, I think the staff can answer that.
39 Chair Jacobs: It would seem that we probably should approve or address the findings
40 of fact because the conditions relate to the findings of fact. If someone wants to address a
41 specific finding of fact, we could do that, or if you want to address the findings of fact in total,
42 we could do that. There was a question about which of the conditions address necessary
43 findings.
44
45 Michael Harvey went through each condition on page 35:
46 1. There is a condition addressing a requirement for all special use permits that will be
47 mitigated as best they can. Specifically, under #1, we're requiring a 30-foot buffer to try to
48 eliminate the off-site impacts, the visual obstructions, we've recommended that condition be
49 adopted in terms of adhering to one of the findings as part of the special use permit.
15
'`
1 2. There is a required finding that the applicant show proof that the proposed development can
2 be serviced through the existing services (i.e., police, fire, rescue services). Condition 2
3 specifically relates to that finding in that you have memorandum from the Fire Marshall and
4 the Caldwell Volunteer Fire Department indicating they can provide service, however, there
5 needs to be some specific addition made to the provision in this case of an alternative water
6 source. This condition, #2, specifically speaks to that requirement.
7 3. Condition #3 is the same burden on the applicant that they have to prove that they can
8 provide service. In this case, if there's adequate waste water and well facilities for the
9 property to support the proposed use. There are required Health Department permits within
10 180 days in order to justify or prove that the facility can be supported. There is a
11 memorandum from the Environmental Health division indicating that they believe service
12 can be provided, however, the proposed septic system on the original site plan was of
13 insufficient size and they recommended they go through the formal application process. So
14 we have placed a condition to ensure that they comply with the required finding within this
15 document.
16 4. This is simply that they obtain a zoning and/or building permit within 180 days. That's not
17 an essential finding that has to be done for the SUP process, it's just so that the SUP does
18 not linger and that goes to the normal two conditions which we impose -conditions 14 and
19 15 deal with invalidation of the special use permit for failure to comply with the standards
20 detailed herein or failure to get a permit.
21 5. Soil erosion and grading, there is a requirement under the findings that they take all
22 measures to preserve to the greatest extent possible the natural topography of the property.
23 This condition essentially requires that they obtain the necessary grading and erosion
24 control permit and that they adhere to all accepted State requirements in addressing soil
25 erosion and grading of the property.
26 6. The applicant, as part of their building permit application; submission shall include
27 documentation from the State indicating that the schools received any and all necessary
28 certifications allowing them to operate as a private school and that the curriculum has been
29 certified as meeting any and all local, State, and Federal requirements. This is not
30 necessarily a condition as detailed within Section 8.8.30. However, if they are going to be
31 operating as a private school, both the staff and the Planning Board recommended that a
32 condition be imposed indicating that they will operate as a private school with an approved
33 curriculum as part of this special use permit process.
34 7. He read Phis condition. As this Board is already aware,_under the existing special use
35 permit, they are required to have two driveway entrances. This provision and condition was
36 imposed by both the staff and it has been recommended by the Planning Board in an effort
37 to ensure that any additional improvements required by DOT that would be necessary to
38 allow for development of this project are to be incorporated into the final approved site plan.
39 8. He read this condition. This is not a requirement of the ordinance. This was recommended
40 by the staff and also recommended by the Planning Board in an effort to ensure that the
41 animals that are going to be kept on this site as part of the farm school program are in good
42 health to ensure the safety of the animals and the children that are going to be making use
43 of this site.
44 9. He read this condition. This is an extension of condition #8.
45 10. He read this condition. Planning Board, in terms of reviewing of some comments submitted
46 by individuals, they were concerned about parking along major roadways, and specifically
47 Terry Road. This is not necessarily a requirement of the ordinance, but Planning Board
48 recommended this condition be placed to ensure that there would not be any parking on the
49 roadways. Of course, staff concurs.
16
1 11. He read this condition. Again, this is not necessarily a requirement. However, the Planning
2 Board felt and staff supports that, since they went to great lengths to show the renderings,
3 to show exactly how it was going to be built, that ought to dictate how the site is constructed
4 because that was part of their presentation during the public hearing.
5 12. He read this condition. This is a condition specifically suggested by the Planning Board
6 during their deliberations in addition to the normal buffering condition you saw on #1. The
7 reason being was to address concerns that there be adequate buffering along Terry Road to
8 hide the facility from passersby. There wouldn't be any visual impact along the roadway.
9 13. He read this condition. Again, that was a Planning Board recommended condition. Staff
10 strongly supports it, we believe that carpooling ought to be encouraged for this site.
11 14. and 15. These are standard conditions that we impose in all special use permits related to
12 the applicant having the necessary permits to develop the facility and that the facility and
13 approved site plan does not stay in limbo for a number of years to avoid changes in the
14 ordinance that would change the site.
15
16 Commissioner Gordon: I thought of a way to handle this. We could just say we
17 approve the findings, subject to the recommended conditions of approval.
18 Michael Harvey: Staff endeavored in the worksheet, which is on pages 5-36, to place
19 references to those specific conditions that a condition be placed on the approval of this project.
20 That is a reasonable recommendation.
21 Geof Gledhill: I think I want to concur with that suggestion by Commissioner Gordon.
22 Chair Jacobs: On item #2, I would like to go ahead and be specific. We have the letter
23 from the Fire Marshall. I'd like to say, "verifying that they comply with all applicable North
24 Carolina Fire Protection Code standards, without. the necessity of a required paving." And also
25 on #8, where it lists who needs to be involved in the certification process every year, that we
26 include Animal Services.
27
28 A motion was made by Commissioner Carey, seconded by Commissioner
29 Foushee to approve the application; impose the 15 recommended conditions in
30 accordance with the applicable Findings of Fact as amended, subject to the
31 recommended conditions of approval and detailed within Attachment Two; and approve
32 the Resolution of Approval detailed within Attachment Five.
33
34 Chair Jacobs said that he sympathized with the residents in the neighborhood. He
35 heard the concerns about how this would impact the community. He believes that the County
36 should look at the way in which traffic impact is calibrated in rural areas. He said that schools
37 used to be a part of the rural community, and schools can provide a good, supportive part of a
38 rural community. He hopes that people will come to look at this school and what it is trying to
39 do in the same way.
40 Commissioner Gordon agreed and said that she read through the Planning Board
41 minutes and there was some discomfort with this, but the applicant did meet all the standards.
42 She said that the Planning Board's recommendations were unanimous on everything.
43
44 VOTE: UNANIMOUS
45
46 6. Regular Agenda
47 a. Buckhorn Village PD/SUP (Rezoning/Special Use Permit) Action
48 The Board considered taking action on the application(s) for a rezoning and Class A
49 Special Use Permit for the Buckhorn Village Planned Development submitted by Buckhorn
50 Road Associates LLC on December 22, 2007.
17
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1 Planning Director Craig Benedict said that this item is a little different than the previous
2 item because it also requires a rezoning as a prerequisite to the special use permit. The public
3 hearing has already been closed for verbal testimony. There were questions from the meeting
4 of September 16`" from the County Commissioners. The abstract on page two includes the
5 highlighted questions. The questions were related to the conditions of approval.
6 Condition 'L' -The applicant has agreed to set a maximum height to the signage
7 structure at 50 feet with the top of the sign being at 40 feet.
8 Condition `R' -The applicant has agreed to a 15% affordable housing provision. The
9 staff has worked with the Attorney's office to make sure that there is at least a 99-year
10 affordability provision.
11 Condition `T' -This has to do with the `free' fee simple dedication of one acre of land for
12 purposes that the County can determine on-site within District 3. The applicant has agreed to
13 that.
14 Condition `U' -There were questions concerning the LEED standards (Leadership in
15 Energy and Environmental Design). In condition 'U' it is specified what aspects of the LEED
16 standards that the applicant could adhere to at a minimum.
17 Two other discussion points have to do with condition `P' -Open Space Perimeter
18 Buffers and condition `S' -Drive-thrus.
19 In condition `P', originally the applicant had asked for 60% visibility breaks along 1-85/1-
20 40. The applicant has modified the original request to 50% openings, which will include low-
21 level vegetation. In the case of retention areas, the low-level vegetation will be some aquatic.
22 species to help with water quality. The other 50% would be natural vegetation that includes
23 Neuse River Buffer and Orange County standards to maintain the mature trees in that area.
24 Staff believes that this is a reasonable solution to the buffers along I-85/I-40.
25 Regarding condition `S', the applicant had asked for (pp. 108-110) five drive-thrus on the
26 128 acres and unrestricted lane uses to be connected with that such as five banks, or five
27 restaurants, or five drug stores, etc. In speaking with the Attorney, staff thought that having a
28 maximum to the type of drive-thrus would be more appropriate. Staff recommends that
29 restaurant drive-thrus be limited to two, and then the other three uses would be non-restaurant.
30 In addition, as some sort of compensation, additional tree plantings and shrubs will be put in
31 proximity to the drive-thrus to absorb some of the carbon emissions that come from the idling
32 that occurs with drive-thrus.
33 Craig Benedict said that in the packet there is a combination of approvals or denials.
34 On page 1, there is a Statement of Consistency with the Comprehensive Plan if the Board finds
35 that this project is consistent for rezoning purposes. If this is approved, the Board would move
36 on to decisions on 3-a, b, c, and d. If the proposal is inconsistent, then the Board would vote to
37 proceed with the Statement of Inconsistency and proceed to Attachment 5, which is a
38 Resolution of Rezoning Denial. The applicant is in agreement with all conditions, A-U, with the
39 exception of condition `S', which has to do with drive-thrus.
40
41 APPLICANT:
42 Roger Perry said that the applicants are in agreement with all conditions except `S'. He
43 .said that the conditions specified for drive-thrus are problematic and a serious impediment to
44 the viability and success of the project. He said that the applicants do not care if there are any
45 drive-thrus, but it is an issue of fairness and equity in the rest of the County. If this project is
46 going to be competitive, there cannot be a set of restrictions and guidelines placed on it that are
47 different than what might be imposed throughout the County. Rather than specify the
48 conditions of a drive-thru, the applicant would propose that the language in `S' be amended to
49 say that, "Drive-thrus at Buckhorn Village will be regulated in accordance with drive-thru
50 regulations that are in place or to be put in place for all of Orange County." He said that the
18
1 applicants are willing to live with whatever regulations that the Board of County Commissioners
2 might impose for drive-thrus in the County. The stipulation that is the most problematic, which
3 was never discussed with the staff, is number 2, which says that, "No drive-thru facilities shall
4 be located within 100 feet of an exterior property line, including building, drive lane for the drive-
s thru, or parking facilities. He said that this renders any of the pad sites in the site plan unusable
6 and unviable for a use that would require adrive-thru. He said that there was a discussion with
7 staff about five drive-thrus and he thought that there was a compromise that no more than three
8 of those would be for restaurants. This has been reduced to two. In addition, item #4 refers to
9 the type of planting and he said that this would require that the area be at least 10-15 feet,
10 which would dramatically impact the ability of the facility to fit on that site. He asked the Board
11 to consider adopting the language under `S' that the applicants proposed and then establish
12 Countywide guidelines for drive-thrus.
13 Commissioner Carey asked for staff response to the proposed condition 'S' by the
14 applicant. Craig Benedict said that the majority of the setbacks in the EDD zones are 100 feet.
15 The goal with the vegetative strip would be to absorb some of the emissions. Regarding
16 alternate language, staff has noticed the consternation about drive-thrus in the Hillsborough
17 EDD where drive-thrus have been prohibited. There are other sections of the County where
18 drive-thrus are allowed. At the appropriate time, staff will take the direction from the Board to
19 reexamine the drive-thru ordinance.
20 Geof Gledhill said that, with respect to Mr. Perry's proposal, so long as it is written in a
21 way that makes it apply to this permit, it is a good solution.
22 Chair Jacobs said that the Board could refer this to the Planning Board and advertise it
23 for the November 24t" public hearing. He said that Commissioner Nelson is supportive of no
24 drive-thrus and the Planning Board recommended one drive-thru for the entire development.
25 He is sympathetic to Mr. Perry's argument that it is not fair to impose restrictions on this protect.
26
27 Chair Jacobs acknowledged the Planning Board members in attendance. He asked the
28 Manager or Craig Benedict whether the $400,000 in Economic Development money has been
29 secured and Laura Blackmon said that it has not been secured. She suggested that something
30 be put in writing requesting information about this to DOT.
31 Chair Jacobs suggested putting a resolution on the agenda for October 21St and then
32 forwarding it to DOT.
33 Chair Jacobs pointed out typos and grammatical mistakes on the following pages - 69,
34 71, 73, 82, 83, 85, 91, 92, 94, and 96. He gave the corrections to staff. Commissioner Gordon
35 said to also look at page 65, number 12-a.
36 Chair Jacobs made reference to page 69, item #5, about not having smoking within
37 structures. He would like to delete smoking from all structures instead of designated structures.
38 Michael Harvey said, with respect to #5, the applicant has no concern with prohibiting
39 smoking within structures, but they requested language be added to that same section
40 indicating that residential development shall be excluded, so that residents are allowed to
41 smoke in their own homes.
42 Chair Jacobs said that he was confused about transit stops: On pages 85 and 86, #19 -
43 talks about use of parking lots to support car pooling activities. He suggested preferential
44 parking with carpooling so that it is rewarded.
45 On page 86, item 27-d, he asked why there was only 20% compact car parking. Craig
46 Benedict said that there are parking standards. If there is interest to have higher than 20%,
47 then the Board could ask the applicant. Chair Jacobs suggested wording it, "no less than 20%."
48 On page 87, #2, he said that Orange County has a landscape architect on staff and he
49 suggested having them included in these discussions about landscaping.
19
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1 On page 91, item P-1, he would like to stipulate that existing vegetation be avoided to
2 the greatest extent possible.
3 On page 93, item d-2-a, Chair Jacobs recommended adding the word "vegetative"
4 pertaining to the buffer.
5 On page 97, there is an item #7 that is blank. He suggested adding to this item that the
6 applicant work with the Orange Community Housing and Land Trust to be able to convert units
7 that do not sell to equity to maintain the condominium units.
8 Commissioner Gordon made reference to pages 60-62 and the language, "other uses."
9 She asked what these other uses were. Michael Harvey referred to page 60, condition `C',
10 which has the exact uses that would fit into this category.
11 Geof Gledhill said that he did not know how to write #7 on page 97. If the Board can
12 approve this in principle, then he can bring something back on October 14`h. Also, he said that
13 the Board could approve in principle the rezoning of the property, the special use permit with all
14 conditions, the necessary findings, and the Statement of Consistency, and then there could be
15 a consent item at the next meeting with the corrected language.
16 He read the language regarding drive-thrust Drive-thrus at Buckhorn Village will be
17 regulated in accordance with drive-thru regulations applicable in Orange County's planning
18 jurisdiction that are in place at the time each application for site plan approval is submitted.
19
20 A motion was made by Commissioner Carey, seconded by Commissioner
21 Foushee to approve the Statement of Consistency in principle.
22 VOTE: UNANIMOUS
23
24 A motion was made by Commissioner Carey, seconded by Commissioner
25 Foushee to approve the Resolution of Rezoning in principle, consistent with Attachment
26 3-a.
27 Commissioner Gordon said that she read through this, and on page 12, there are a
28 number of concerns that are raised by the Planning Board about the rezoning. Given those
29 concerns, she does not feel comfortable with the rezoning.
30 Craig Benedict said that, of the 14 design solutions, the Planning Board voted favorably
31 for 12 of those. The two outstanding issues were the major ID sign, which was discussed, and
32 the buffer, which was also discussed tonight.
33
34 VOTE: Ayes, 3; No, 1 (Commissioner Gordon)
35
36 A motion was made by Commissioner Carey, seconded by Commissioner
37 Foushee to approve Attachment 3-d in principle, the findings of fact.
38 VOTE: Ayes, 3; No, 1 (Commissioner Gordon)
39
40 A motion was made by Commissioner Foushee, seconded by Commissioner
41 Carey to approve Attachment 3-c in principle, conditions of approval, including
42 additional language that will be crafted by the County Attorney.
43
44 Commissioner. Gordon said that she would like to vote separately on the one about the
45 buffer on page 91. She said that she does not want so much of the natural vegetation to be
46 removed.
47
48 A motion was made by Commissioner Gordon to not approve the 50% vegetation buffer.
49 There was no second.
20
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1 Chair Jacobs said that he thought about this a lot and he drove the interstate. He said
2 that the parcel on the north side of the interstate has been raked. He said that the developers
3 are at least trying to be responsive to the Orange County aesthetic if not the total ethic of trying
4 to maintain as continuous a vegetative buffer along the interstate as they can, understanding
5 that they have a different view of what will succeed. He had a hard time with this.
6 Commissioner Gordon said that she thought that the Planning Board had made a lot of
7 good points. At this time, however, she said that she is willing to go along with granting the
8 permit with the hopes that, because these are local developers, that they have the best interest
9 of the county at heart. She feels that the developers have tried to comply with the ordinance.
10 She is prepared to approve the permit if the language can be perfected.
11
12 VOTE: UNANIMOUS
13
14 A motion was made by Commissioner Foushee, seconded by Commissioner
15 Carey to approve the Special Use Permit, subject to final County Attorney review prior to
16 recordation, in principle.
17
18 Chair Jacobs said that the Board did listen to a lot of people and this has taken almost
19 two years. He thinks that the developers, the Planning Board, and the County Commissioners
20 have done a good job trying to address issues about buffers, environmental protection, and
21 traffic that were raised by citizens. He thinks that citizens who live in the area should be
22 assured that the County will stick by its land use plan and that Mebane has no interest in
23 extending water and sewer south of the economic development district, so there is no threat to
24 the rural character of the neighborhoods. He thinks that some good issues were raised related
25 to the type of jobs that are wanted in Orange County, but given the current economic situation,
26 retail jobs are going to be an important part of people's lives. He thinks that the County
27 Commissioners have learned some things about carbon footprints and the economic impact
28 analysis and that they could do better in the future. He also thinks that ultimately, the work has
29 been done to provide water and sewer for the economic development district, and there can
30 now be some economic development in a meaningful way that will send a message that
31 Orange County is interested and willing to work with reasonable, high-quality people who want
32 to do good development in Orange County.
33
34 VOTE: UNANIMOUS
35
36 b. 2009 Benefits Recommendation
37 The Board considered approving the County Manager's 2009 employee dental
38 insurance plan, flexible compensation program, employee assistance program, and health
39 insurance plan recommendations.
40 Commissioner Gordon made reference to page 15, Total Monthly Premium Costs Per
41 Employee, and asked about the figures on this. She did not think this table was right. Diane
42 Shepherd said that the staff reviewed some figures from the September 22"d presentation, and
43 the figures were updated. The figures on Attachment 5-a are the most recent and correct.
44 Commissioner Gordon suggested that the Board approve this in principle and have the staff
45 make sure the numbers are correct.
46 Commissioner Foushee agreed that there was conflicting information.
47 Michael McGinnis said that open enrollment is about a month long and it will go into
48 November. The numbers are going to be within the budgeted 8% increase for health care. The
49 staff will come back with exact numbers on this.
21
;•~
1 Laura Blackmon said that approval was needed tonight in order for the employees to
2 sign up starting on October 15tH
3 Chair Jacobs said that this could be brought back on October 14tH
4 A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
5 approve in principle the enhancements to the dental insurance, flexible compensation plan, and
6 employee assistance plans effective January 1, 2009. This also includes the approval in
7 principle of the renewal of the current plan for health insurance with no changes in plan design
8 for the plan year beginning January 1, 2009.
9 VOTE: UNANIMOUS
10
11 c. Contract with NC Agricultural Development and Farmland Preservation Trust
12 Fund for the Regional Value-Added Shared-Use Food & Agricultural
13 Processing Center
14 The Board considered approving a contract with the NC Agricultural Development and
15 Farmland Preservation Trust Fund fora $132,000 grant for the Regional Value-Added-Shared-
16 Use Food and Agricultural Processing Center and authorizing the Chair to sign, subject to final
17 review by staff and the County Attorney.
18 Noah Rannells said that this is a contract for $132,000 for the value-added center.
19 Commissioner Gordon said that she is glad the County got the grant but Orange County
20 is more financially committed than the other counties primarily due to the building contribution .
21 She said that there is no indication how Orange County is going to be repaid in this document.
22 She made reference to page 14 where it shows that every jurisdiction is paying much less than
23 Orange County. She said that she is more concerned about page 25 where there is no
24 indication in the funding plan where Orange County is going to get any recognition of having
25 contributed the building. She suggested instructing the Manager to come back with a
26 recommended budget, 3-5 years, by November 6t . She wants a recommended agreement on
27 the shared monetary compensation.
28 A motion was made by Commissioner Gordon, to approve the contract fora $132, 000
29 grant for the Regional Value-Added-Shared-Use Food and Agricultural Processing Center,
30 subject to final review by staff and the County Attorney, and authorize the Chair to sign the
31 contract agreement; and instruct the Manager to come back to the Board of County
32 Commissioners with a recommended budget by November 6th with a recommended 3-5 year
33 budget that takes into account all of the revenues, capital and operating, all of the expenditures,
34 capital and operating, and who pays.
35 Commissioner Carey said that there are at least two more grants that are outstanding
36 and he does not think the Manager has enough information to come up with a budget plan. He
37 said that the issues raised by Commissioner Gordon need to be addressed before the County
38 spends this money.
39 Laura Blackmon said that the County Commissioner group has not talked about how
40 much each county is going to contribute to the bottom line, but coming back in a month will not
41 give her enough time. There are still additional funds to be raised. If the other jurisdictions do
42 not come to the table with more money, then Orange County has to make a decision about
43 whether or not to continue to move forward.
44 Chair Jacobs said that the County has used the building as leverage for seeking grants.
45 He said that all of the jurisdictions have adopted resolutions acknowledging that Orange County
46 has to be compensated. He thinks that it would be a good thing to investigate what the building
47 is worth and share the information with the partners.
48 Commissioner Gordon said that she is willing to change the timeline but she wants the
49 information. She suggested that the information come back in two months (all expenses, all
50 revenues, etc.).
22
. ,
;.
1 Chair Jacobs suggested getting the information that is within the County's control. He
2 said that one of the things that was agreed upon was to spin off a 501(c)3 that would take
3 ownership of all of this. The next step would be to constitute a board for the 501(c)3, which
4 would include elected officials.
5 Noah Rannells said that there is a suggestion by the consultant in the feasibility report
6 for a management entity.
7 Commissioner Gordon changed her motion to approve the Manager's recommendation
8 as stated above, and add that the Manager come back with a report by the end of November
9 that outlines revenues, expenditures, and the alternatives for determining the value of the
10 building and to proceed. Commissioner Foushee seconded.
11
12 VOTE: UNANIMOUS
13
14 d. Consideration of Proposed County Attorney Position Profile
15 The Board considered a proposed County Attorney Position Profile as developed by The
16 Mercer Group, Inc. for their Executive Search for the County Attorney position.
17 Chair Jacobs, Commissioner Gordon, and Geof Gledhill submitted suggested changes.
18 Chair Jacobs quickly reviewed these changes.
19 Geof Gledhill suggested the following language for the qualifications of the position:
20 Licensed to practice law in North Carolina on date of appointment, be a member of the N. C.
21 State Bar, and within six months of appointment, be a member of the Judicial District 15B Bar.
22 ~ Chair Jacobs asked if this would be a good place to mention the issues related to the
23 Sheriff's duties and the civil matters related. This was raised by the consultant as a question,
24 so it might be a question for an attorney. He suggested the following language, and Geof
25 Gledhill concurred: Be conversant with the role the Sheriff has in County government.
26 The Clerk said that she would go through the documents and make the corrections and
27 send it back to the consultant as soon as possible. She will then send copies to the County
28 Commissioners and Geof Gledhill.
29
30 e. Resolutions Approving the Orange County Transportation Priority Lists for the
31 2011-2017 Transportation Improvement Program
32 The Board considered resolutions endorsing priority transportation projects for the 2011-
33 2017 Transportation Improvement Program.
34 Transportation Planner Karen t_incoln said that every two years Orange County
35 endorses its transportation priority projects. There are two lists -one for the Metropolitan
36 Planning Organization and one for the Rural Planning Organization. The two lists were in the
37 agenda packet. She said that when the County Commissioners endorsed the previous priority
38 lists, staff was asked to look at three things for the next update. One of them was to consider
39 including an access for eastbound US 70 to the I-85/US 70 connector instead of realignment of
40 Efland-Cedar Grove Road to perform a more direct connection of I-85. This was the
41 recommendation of the Efland-Mebane Small Area Plan. The OUT Board agreed that this
42 would be a more feasible access than realignment of Efland-Cedar Grove Road. This is
43 reflected in the recommendation.
44 The second project was to stop the NC 86 North improvements at NC 57. The OUT
45 Board indicated that the traffic was bad enough so that the improvements should not be
46 stopped at NC 57. This was not. recommended.
47 The third project were the Homestead Road improvements, because part of the
48 improvements had been completed in a Moving Ahead project, and also include the Carrboro
49 portion of Homestead Road. The OUT Board also agreed that the project should extend from
50 old NC 86 to new NC 86.
23
~~
1 The OUT Board added three projects -Hillsborough train stop and two bicycle lane
2 projects (Eubanks Road and Mt. Carmel Church Road).
3 For the rural projects, the OUT Board added bicycle lanes on Old Greensboro Road.
4
5 Commissioner Gordon said that the Homestead Road project was #2 last year on page
6 15 and it is now #7. She suggested making it #4.
7 Chair Jacobs said that he has never liked Orange County's bicycle plan and it is not a
8 logical plan. He suggested that the bicycle projects should not be in this document. Also, he
9 would like to move up Mayo Street/Eno Mountain Road realignment before the NC 86 north of
10 Hillsborough improvements. He suggested acknowledging that there is no longer a bicycle plan
11 and direct the OUT Board to adopt a bicycle plan that is consistent with their own
12 recommendations.
13 A motion was made by Chair Jacobs, seconded by Commissioner Carey to direct the
14 OUT Board to make a bicycle plan that reflects what is being recommended and pursue
15 funding.
16 VOTE: UNANIMOUS
17
18 Karen Lincoln verified that Chair Jacobs wanted the Mayo Street/Eno Mountain Road
19 improvements to be moved to #6.
20 Chair Jacobs clarified that #5 would be Orange Grove Road refinishing, #6 would be
21 alignment of Mayo Street/Eno Mountain Road, #7 would be Homestead Road improvements,
22 #8 would be Eubanks Road bicycle.
23 A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
24 approve the priority lists to submit to the Durham-Chapel Hill-Carrboro Metropolitan Planning
25 Organization and the Triangle Area Rural Planning Organization as amended, and endorse the
26 resolutions to submit priority projects to the DCHC MPO TAC and the TARPO RTAC.
27 VOTE: UNANIMOUS
28
29
30 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
31
32 A RESOLUTION ENDORSING ORANGE COUNTY'S PRIORITY TRANSPORTATION
33 PROJECTS FOR THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING
34 ORGANIZATION REGIONAL PRIORITY LIST FOR THE 2011 - 2017 TRANSPORTATION
35 IMPROVEMENT PROGRAM
36
37 WHEREAS, the North Carolina Board of Transportation, every two years, prepares a
38 Transportation Improvement Program that identifies transportation projects scheduled for State
39 and Federal funding over the next seven years; and
40
41 WHEREAS, the North Carolina Board of Transportation solicits input for identifying
42 transportation projects of local and regional importance to be included in the FY 2011-2017
43 Transportation Improvement Program; and
44
45 WHEREAS, Orange County gives priority to identified safety needs on existing roads and
46 bridges, to other transportation projects that encourage alternatives to automobile travel, to
47 projects that minimize adverse impacts on the natural environment and cultural sites, and to
48 those projects that foster economic development in the designated Economic Development
49 Districts; and
50
24
1 WHEREAS, Orange County strongly encourages the North Carolina Department of
2 Transportation (NCDOT) to design all highway projects, where appropriate, to accommodate
3 bicycle and pedestrian traffic to provide alternative means of transportation that may result in
4 reduced automobile traffic and related air and water impacts; and
5
r'~
6 WHEREAS, Orange County encourages the NCDOT to design all
7 new or replacement bridges with sufficient clearance to allow
g wildlife to cross safely under them, and to allow pedestrian
9 passage along any existing or planned trail-system connectors;
10
11 NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that:
12
13 The Board of County Commissioners endorses the attached list of priority transportation
14 projects to be considered for inclusion in the FY 2011-2017 Metropolitan Transportation
15 Improvement Program.
16
17 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
18
19 A RESOLUTION ENDORSING ORANGE COUNTY'S PRIORITY TRANSPORTATION
20 PROJECTS FOR THE TRIANGLE AREA RURAL PLANNING ORGANIZATION (TARPO)
21 REGIONAL PRIORITY LIST FOR THE 2011 - 2017 TRANSPORTATION IMPROVEMENT
22 PROGRAM
23
24 WHEREAS, the North Carolina Board of Transportation, every two years, prepares a
25 Transportation Improvement Program that identifies transportation projects scheduled for State
26 and Federal funding over the next seven years; and
27
28 WHEREAS, the North Carolina Board of Transportation solicits input for identifying
29 transportation projects of local and regional importance to be included in the FY 2011-2017
30 Transportation Improvement Program; and
31
32 WHEREAS, North Carolina has established Rural Planning Organizations (RPO) to coordinate
33 regional transportation planning in rural areas in cooperation with the North Carolina
34 Department of Transportation; and
35
36 WHEREAS, Orange County is a member of the Triangle Area Rural Planning Organization
37 charged with developing and prioritizing proposed transportation projects that the RPO believes
38 should be included in the State Transportation Improvement Program; and
39
40 WHEREAS, Orange County gives priority to identified safety needs on existing roads and
41 bridges, to other transportation projects that encourage alternatives to automobile travel, to
42 projects that minimize adverse impacts on the natural environment and cultural sites, and to
43 those projects that foster economic development in the designated Economic Development
44 Districts; and
45
46 WHEREAS, Orange County strongly encourages the North Carolina Department of
47 Transportation (NCDOT) to design all highway projects, where appropriate, to accommodate
48 bicycle and pedestrian traffic to provide alternative means of transportation that may result in
49 reduced automobile traffic and related air and water impacts; and
25
~4
2 WHEREAS, Orange County encourages the NCDOT to design all
3 new or replacement bridges with sufficient clearance to
4 allow wildlife to cross safely under them, and to allow
5 pedestrian passage along any existing or planned trail-
6 system connectors;
7
8 NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that:
9
10 The Board of County Commissioners endorses the attached project priority list of transportation
11 projects to be considered for inclusion in the FY 2011-2017 Transportation Improvement
12 Program.
13
14 7. Reports
15 DEFERRED
16
17 a. Solid Waste Process Technology Assessment
18 The Board was to consider receiving an assessment report of solid waste processing
19 technologies as possible alternative to landfilling as a primary means of waste disposal.
20 b. Comprehensive Plan Update Phase 11
21 The Board was to consider receiving the Planning Board's recommendation on the draft
22 Comprehensive Plan, determine if the Board wants to schedule a work session for further
23 review of the draft plan, and direct staff to place the Plan on the November 6th BOCC meeting
24 agenda for adoption.
25 c. Efland Sewer Rate Study
26 The Board was to consider reviewing the recently completed rate study and provide
27 recommendations on implementation of the new rate schedule.
28
29 8. Board Comments
30 DEFERRED
31
32 9. County Manager's Report
33 DEFERRED
34
35 10. Appointments
36 DEFERRED
37
38 a. Adult Care Home Community Advisory Committee -New Appointments
39 The Board was to consider making new appointments to the Adult Care Home Community
40 Advisory Committee.
41
42 b. Agricultural Preservation Board -New Appointment
43 The Board was to consider making a new appointment to the Agricultural Preservation
44 Board.
45
46 c. Animal Services Advisory Board -New Appointment
47 The Board was to consider making one new appointment to the Animal Services Advisory
48 Board.
49
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d. Board of Health -New Appointment
The Board was to consider one new appointment to the Board of Health.
r~~
e. Information Technoloay Advisory Committee -New Appointment
The Board was to consider one new appointment to the Information Technology Advisory
Committee.
f. Interlocal 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 Interlocal Agreement Committee
for the Hillsborough Area-Orange County Strategic Growth Plan Phase II.
g, Orange County Planning Board -New Appointments
The Board was to consider making new appointments to the Orange County Planning
Board.
11. Information Items
• Orange County and OE, Inc. Memo
• Mutual Aid Report Memo
• Possible Fire Districts Realignment Process Memo
• Timeline for Fire Rescue Study RFP Memo
• 9/15/08 & 9/22/08 Emergency Services/Orange County Rescue Squad, Inc. Meetings
Minutes
12. Closed Session -None
13. Adjournment
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
adjourn the meeting at 11:04:40 PM.
VOTE: UNANIMOUS
Note: Access the agenda through the County's web site, www.co.orange.nc.us
33
27
~4
rV`~
1 Orange County Water Supply Reservoir Water Levels
2
3 Available information as of 2:00 PM, Friday, October 3, 2008
4
5
6 lake Orange
7
8 Water level is full and spilling slightly and has been doing so since early on September
9 6tn
10 Water storage capacity is at 100% (475 million gallons)
11 Approximately 141 days of water supply remaining (at Capacity Use specified release
12 rate).
13 • The Hillsborough USGS stream gage indicates that the latest Eno River flows are at
14 approximately 9.9 cfs (6.4 mgd). This flow represents a level that is approximately
15 equal to the historical median flow level for this day of the year. The Eno River Capacity
16 Use Restrictions are NOT currently in place, due to recent elevated flow (above 10 cfs).
17 Orange Alamance continues to operate its water plant five days a week (Monday-Friday)
18 with average withdrawals of 300,000 gallons per day.
19
20
21 West Fork Reservoir (as of 10/03/2008 ['last available updatel)
22 • Water level is full and spilling.
23 Water storage capacity remaining is 100%
24 • Approximately 334 days of water supply remaining (assuming Town's current 30 day
25 average water consumption rate (1.29 mgd).
26 • The Town of Hillsborough Town Board currently has no water use restrictions on its
27 customers in effect.
28
29 OWASA Reservoirs
30
31 Water level at Cane Creek Reservoir is 11.75" below full
32 • Water level at University Lake is full
33 Total remaining water storage capacity is approximately 95.7
34 • Approximately 381 days of water supply remain with no additional rainfall (at the current
35 30-day average daily demand [8.9 million gallons per day])
36 • OWASA's year-round water conservation requirements are in effect
37
38
39 National Weather Service/NOAA Regional Precipitation data (through 10/02/2008)
40 (inches above+l or below f-1 normal)
41
42 RDU Piedmont-Triad
43 +4.98" since September 1, 2008 0.40" since September 1, 2008
44 +8.33" since January 1, 2008 -2.67" since January 1, 2008
45
28
Miscellaneous notes
2 The NC Drought Management Advisory Council drought map, last updated September 30,
3 2008, indicates that all of Orange County lies within the area characterized as experiencing
4 normal precipitation conditions, i.e. no drought conditions.
6
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DRAFT
Orange County Board of County Commissioners
BUDGET/CIP WORK SESSION
Tuesday, October 28, 2008
7:30 pm
Link Government Services Center, Hillsborough, NC
The Orange County Board of Commissioners met for aBudget/CIP Work Session on
Tuesday, October 28, 2008 at 7:30 p.m. at the link Government Services Center in
Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Valerie Foushee (arrived late), Alice M. Gordon, and Mike Nelson
COUNTY COMMISSIONERS ABSENT:
STAFF ATTORNEY PRESENT: Annette Moore
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
Chair Jacobs pointed out that one of the applicants for the Animal Services Advisory
Board, Sondra Smolek, withdrew her name. Also, there was a draft public comment proposal
for the transfer station process for the Board's information.
Chair Jacobs reminded the County Commissioners to bring the paperwork back to
meetings for items that have been deferred, because there is a lot of wasted paper.
Chair Jacobs said that Commissioner Foushee said that she would try to be at the
meeting by 8:00 p.m.
1. Appointments
a. .Adult Care Home Community Advisory Committee -New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
appoint Julie lochridge to the Adult Care Home Community Advisory Committee to a one-year
training term ending October 30, 2009.
VOTE: UNANIMOUS
b. Agricultural Preservation Board -New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
appoint Allan Greene to the Agricultural Preservation Board to a full term ending June 30, 2011.
VOTE: UNANIMOUS
c. Animal Services Advisory Board -New Appointment
A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint Rob
Gray to the Animal Services Advisory Board to a partial term ending June 30, 2009.
VOTE: UNANIMOUS
d. Board of Health -New Appointment
A motion was made by Commissioner Carey, seconded by Commissioner Nelson to
appoint Michael Wood to the Board of Health to a full term ending June 30, 2011.
2
1 VOTE: UNANIMOUS
2 e. Information Technology Advisory Committee -New Appointment
3 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
4 appoint Martha Hoyleman to the Information Technology Advisory Committee to a full term
5 ending December 31, 2011.
6 VOTE: UNAIMOUS
7 f. Orange County Planning Board -New Appointments
8 Commissioner Nelson nominated Samantha Cabe for Position #7 - At-Large.
9 Commissioner Carey nominated Rachel Hawkins for Position #5, Nathan Chambers for
10 Position #12, Mary Bobbit Cooke for Position #3, and Tommy McNeil for Position #9.
11 Commissioner Gordon nominated Bryan Kelly Warren, Jr. for Position #5, and Peter
12 Hallenbeck for Position #12. She agreed with the nominations for Mary Bobbit Cooke, Tommy
13 McNeil, and Samantha Cabe.
14 Vote for Marry Bobbit Cooke for Position #3:
15 UNANIMOUS
16 Vote for Rachel Phelps Hawkins for Position #5:
17 Ayes, 3 (Commissioner Foushee voted for Ms. Hawkins at the end of the meeting because she
18 was not present at the beginning)
19
20 Vote for Bryan Kelly Warren, Jr. for Position #5:
21 Ayes, 2
22 Vote for Tommy McNeil for Position #9:
23 UNANIMOUS
24 Vote for Samantha Cabe for Position #7:
25 Ayes, 2
26 Vote for Peter Hallenbeck for Position #12:
27 Ayes, 2
28 Vote for Nathan Chambers for Position #12:
29 Ayes, 3
30
31 Commissioner Carey said that he could compromise and go with Nathan Chambers and
32 Samantha Cabe. Commissioner Gordon agreed.
33
34 Following are the appointments that were made for the Orange County Planning
35 Board:
36
37 Position #3 -Cheeks Township -Mary Bobbit Cooke (term ending March 31, 2009)
38 Position #5 -Hillsborough Township- Rachel Phelps Hawkins (term ending March 31, 2011)
39 Position # 9- Eno Township -Tommy McNeil (term ending March 31, 2011)
40 Position # 7- At-Large -Samantha Cabe (term ending March 31, 2011)
41 Position # 12 - At Large -Nathan Chambers (term ending March 31, 2011)
42
43 g: Solid Waste Advisory Board -New Appointment
44 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
45 appoint Doug Guild to the Solid Waste Advisory Board to a partial term ending June 30, 2010.
46 VOTE: UNANIMOUS
47 h. Workforce Development Board -Regional Partnership -New Appointment
48 A motion was made by, Commissioner Gordon, seconded by Commissioner Carey to
49 appoint Brad Broadwell to the Workforce Development Board -Regional Partnership to a partial
50 term ending June 30, 2009.
3
1 VOTE: UNANIMOUS
2
3 2. Hillsborough Area Rail Station Task Force
4 Commissioner Gordon asked what appointment the Orange County Board of County
5 Commissioners is making and it was answered At-Large Orange County, Orange County
6 Development Commission, Orange County Transportation Services Board, and Orange Unified
7 Transportation Board. She said that, given that a lot of the transportation planning is in
8 process, she does not see any reason to skip over the regular appointments. She suggested
9 going ahead and establishing the task force and charge and get people to apply. She would
10 like to see some of the resumes. She does not understand the rush.
11 Chair Jacobs said that the regular process would be to advertise for the position.
12 Craig Benedict said that the Board authorized staff to work with the Town of
13 Hillsborough about five or six months ago to work with the community group and investigate rail
14 station possibilities. There is a rush because the people in the community want to have the first
15 meeting in early November because they want to get a report ready for the joint meeting
16 between Orange County and Hillsborough in February.
17 Commissioner Gordon said that the Long-Range Transportation Plan cannot get any
18 money until next June. She said that she has nothing against the train station, but she does not
19 want to set a precedent with a citizen group giving the Board the appointments without
20 resumes, etc.
21 Commissioner Nelson said that this was a citizens group that wanted to accomplish a
22 goal and drafted a task force. He said that the Board should acknowledge that this is not the
23 right way to set up a task force.
24 Commissioner Carey said that he has no problem with this.
25 Chair Jacobs agreed with Commissioner Gordon about the process and said that he
26 does not want to slow the group down either. He thinks that maybe there should be two at-
27 large positions so that it can be advertised.
28 Commissioner Gordon said that this task force is a good one, but it is the process that
29 bothers her and no money can be appropriated until next summer.
30 Chair Jacobs added "walkability" to the third bullet of the task force charge. "These
31 include, but are not limited to....." He suggested that the Board might want to communicate
32 that in the future that the Board wants to appoint its own representatives.
33 Commissioner Gordon suggested on the, "Be it further resolved" portion the following
34 language: "the Task Force is directed to report on the recommended site selection..."
35 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
36 approve the Resolution Appointing a Rail Station Development Task Force and Calling for
37 Preparation of a Site Selection and Implementation Plan, with the amendments, as well as the
38 appointments as suggested.
39
40 RESOLUTION APPOINTING A RAIL STATION DEVELOPMENT TASK FORCE
41 AND CALLING FOR PREPARATION OF
42 A SITE SELECTION AND IMPLEMENTATION PLAN
43
44 WHEREAS, Orange County and the Town of Hillsborough have worked cooperatively on
45 planning initiatives surrounding the Town of Hillsborough; and
46
47 WHEREAS, Amtrak and NCDOT have indicated passenger train service is financially feasible in
48 the Hillsborough area; and
49
50 WHEREAS, the advent of a train stop in Hillsborough is a regional transportation initiative;
4
1
2 NOW, THEREFORE BE IT RESOLVED by the Hillsborough Town Board of
3 Commissioners/Board of Orange County Commissioners that a Rail Station Development Task
4 Force is hereby appointed to include representatives of the Hillsborough Planning Board, the
5 Orange County Unified Transportation Board, the Orange County Transportation Services
6 Board, 3 citizens, the Alliance for Historic Hillsborough, the Economic Development
7 Commission, and the Walkable Hillsborough Coalition.
8
9 BE IT FURTHER RESOLVED that the Task Force is charged to undertake the following work:
10 - Defining best practice criteria for selecting a location for a train station
11 - Apply the criteria to parcels in the Hillsborough area to select/recommend to both
12 government Boards a location for a Hillsborough station
13 - Investigate the established funding criteria and procedural steps to proceed with
14 station development and collect/report those items already prepared or readily
15 available for submittal to funders, including but not limited to: connectivity to other
16 services/infrastructure, such as buses, roads, parking which may not yet be in place;
17 supporting partner organizations and documents; documented or anticipated
18 benefits to the community; walkability
19 - Describing a schedule of tasks to be accomplished prior to initiation of service for
20 this train station
21 BE IT FURTHER RESOLVED that the Task Force is directed to report on the recommended
22 site selection at the joint meeting of the Hillsborough Town Board of Commissioners and Board
23 of Orange County Commissioners in February 2009 and the Task Force shall complete its work
24 no later than May 31, 2009 in the form of a final report document.
25
26 This the 28th day of October 2008.
27
28 VOTE: UNANIMOUS
29
30 3. Board of Commissioners Meeting Calendar for Year 2009
31 Laura Blackmon said that the staff was trying to move up the budget approval to early
32 June. She said that three work sessions in May that are not even related to the budget may be
33 burdensome. She suggested scattering the work sessions around.
34 The Manager's Recommended Budget presentation is scheduled for May 12tH
35 Chair Jacobs suggested moving the work sessions to the latter part of June, assuming
36 the budget is adopted in early June.
37 Commissioner Foushee suggested thinking about moving meetings up to 7:00 p.m.
38 rather than 7:30 p.m. Commissioner Nelson agreed.
39 Commissioner Nelson said that there are also inefficiencies in the way that agendas are
40 currently laid out. These issues will be discussed at the upcoming Board retreat.
41 Commissioner Gordon said that the legislative breakfast is late and is in April this year.
42 She asked that someone check on this.
43 Commissioner Gordon asked about the regular meetings that are on Monday nights.
44 She does not want to switch the day of the week around for regular meetings.
45 Commissioner Nelson agreed and said that regular meetings should be consistent on
46 Tuesday nights.
47 The Manager will make some suggestions about moving the work sessions, etc. and it
48 will be brought back on a consent agenda.
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4. Change in BOCC Regular Meeting Schedule for 2008
Chair Jacobs suggested starting the transfer station meeting at 7:00 p.m. The Board
agreed.
Commissioner Nelson suggested starting the retreat at 9:00 a.m.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve amendments to the regular meeting calendar for 2008 by adding a:
- Public Comment Session on the siting of a Waste Transfer Station on Monday,
November 17th, 2008 at 7:00 p.m. at the McDougal Middle School, 900 Old
Fayetteville Road, in Carrboro, N. C.
- Siting a location for the BOCC Mini-Retreat, which will be held on Friday, November
14, 2008 from 10:00 a.m. to 4:00 p.m. at Camp Chestnut Ridge, 4300 Camp
Chestnut Ridge Road, Efland, N.C.
VOTE: UNANIMOUS
5. Review of Capital Proiect Funds
Laura Blackmon made reference to a memo from Financial Services Director Gary
Humphreys, which pointed out some discrepancies in the review of capital project funds. A bulk
of the difference was from before the conversion in 2003 to the MUNIS system. The
differences are related to accounting issues, mostly. In several cases, the projects were funded
and the debt was issued, but the monies were not transferred from the General Fund. Staff
spent most of the summer going through this.
In the School Project Fund, there was $1,347,000 of unallocated alternative financing
dollars that could be allocated to specific projects. There was some unallocated bond funds in
the amount of $907,000. The School Capital Reserve Funds had $580,000 and the Closed
Projects had $455,000. The additional funds needed totaled $8,430,000, so this brings the net
shortfall to $5,141,000.
The County's Capital Project included Parks Open Space Bonds to be issued of
$5,500,000 and interest earnings totaling $850,000. The additional funds needed totaled
$7,100,000, so the net shortfall is $750,000. The total net shortfall is $5,891,000.
The auditors are now looking at the financial statements from last year. Staff is
recommending that, if the $5,891,000 is needed, that it be transferred in from the fund balance.
Staff wants to bring back the projects that need to be taken off the books.
Commissioner Gordon asked to see all of the project ordinances at once. Laura
Blackmon said that the staff has spent all summer on this and Commissioner Gordon can come
in and look at the information. Most projects have been completed and need to be off the
books.
The Board asked for examples of the types of projects that were overspent.
- Window replacements, did not get all of the revenue that was expected
- Mechanical systems, CHCCS
- Triangle Sportsplex
Greenways
Laura Blackmon pointed out that if the fund balance were used for this balance, then it
would still be at 11.1 % of expenditures, and 15% is the target.
Commissioner Nelson verified that the County does not have $6 million in funds
available, but only the authority to issue the bonds. It is important that the public understands
this.
Laura Blackmon said that her recommendation in the future is that the County should
not get approval for huge bond issuances because it sets up an expectation that a project is
going to be done. Debt should only be issued when the project is ready to be done.
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Commissioner Gordon said that the Board promised to do the projects on the pink sheet
which had a list of the 2001 bond projects for parks, recreation, and open space. She asked
what was included in the $5.5 million.
Gary Humphreys said that for the aquatics center, most of the bond money has been
spent.
Commissioner Gordon said that she thought that some of these projects had been done
already.
Laura Blackmon said that the money is not there and more bonds would have to be
issued to finish the projects.
Commissioner Gordon said it has been seven years since these projects were
approved.
Chair Jacobs said that the Board is not satisfied with this item and it is getting late. He
suggested talking about this again on November 13th. The Commissioners can send questions
to the staff in the interim.
Commissioner Gordon said that at some point, she would like to know which projects on
the pink sheet are implicated before the Board gets into the CIP discussion.
Gary Humphreys said that he would work on this before the end of the meeting.
This issue will be addressed on November 13th
6. Third Party Representation in the Employee Disciplinary Process .
Commissioner Foushee suggested that the Board just ask questions and not have a
presentation.
Commissioner Carey said that he read the Attorney's memo on this and understands
the constitutionality of the issue, but this was not why he raised the question. The government
has the constitutional right to do a lot of things, but Orange County does not necessarily do
them. He said that he raised this because he did not realize that Orange County did not allow
third-party representation in the employee disciplinary process, especially for people that may
not have the skills to talk to authority figures. He said that, during the disciplinary conference,
that both parties should have the right to have third-party representation. He said that he
realizes that the County has the constitutional right to maintain the ordinance, but he cannot
support going in that direction. He would like to change the ordinance.
Commissioner Foushee agreed with Commissioner Carey, but her concerns also
include the confidence of speech of an employee. She agrees with having a person to witness
the meeting to ensure the process is done fairly. She does not know at which point she would
suggest that an employee should have representation. She is also troubled that documentation
of allegations or charges is not where it should be.
Commissioner Nelson said that when this first came to the Board he thought that he
would agree with Commissioner Carey, but he has talked with some human resources experts
since about this and he is sympathetic to the notion that having attorneys can often complicate
things, but he is also sympathetic to having a third party. He is sure that the staff is neutral, but
if he were an employee, he would not view the HR staff as neutral because they work for the
County.
Chair Jacobs said that coaching and counseling before coming to the disciplinary stage
is very important. He does not think that it is fair to not let the employee have a third party to at
least listen in the meeting, especially when the employee's job is at stake and the staff
members have professional degrees, etc. The third party would not have to be an attorney.
Commissioner Carey agreed.
Chair Jacobs suggested talking to the State Employees' Association.
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Annette Moore said that the State does not allow third parties at all. She thinks that the
main question in allowing a third party is related to the qualifications of the third party. There
are different models and she can look at these models.
The Board agreed and this item will come back by the November 18th meeting.
Annette Moore said that she would ask questions of the Office of State Personnel as
well as the Sherriff's Department and the Register of Deeds Office.
Michael McGinnis said that the intent of Human Resources is to help employees
communicate with their supervisors and to help supervisors work with their employees to avoid
these situations.
7. Proposed BOCC Retreat Process
Commissioner Nelson said that Chair Jacobs, Pam Hemminger, Donna Coffey, and
Laura Blackmon met with retreat facilitators about the needs of the Board of County
Commissioners and what to get out of the retreat.
The first half of the day is set aside to talk about issues regarding new Commissioners,
meeting time changes, and work sessions with multiple items.
The second half of the day is set aside to develop the shared vision of the County.
Laura Blackmon said that once the Board approves the process tonight, the staff will
bring back the contract with the consultants. She said that they are having a difficult time
setting up the December retreat.
Commissioner Gordon said that on the first retreat day, it is important to have the Board
and the appointed staff. In the subsequent days, she would advocate that it should just be the
seven County Commissioners, since this is the first year of this new composition. The County
Commissioners need to sit down and get to know each other.
Commissioner Nelson said that this was discussed, and it was decided that for the first
half of the first day it will be just the Board of County Commissioners, County Manager,
Attorney, and Clerk to the Board. The second half of the day, the staff would be there just to
observe the discussion.
Commissioner Gordon said that it should be made known from the outset that the others
are there as observers only.
Commissioner Nelson said that the list of 242 items from last year's retreat would be
made available to the County Commissioners, but the Board would not start out with this.
Commissioner Gordon asked about the six overarching goals from last year's retreat
and Commissioner Nelson said that those six goals are coming back at the retreat in the
afternoon.
Discussion ensued about the retreat process.
Laura Blackmon said that on November 14th, the Board would be looking at goals, but
by the half-day session, specific issues would be addressed.
Commissioner Foushee said that it seems essential to move to the January meeting.
The Clerk will poll the seven County Commissioners about dates for December.
8. Discussion of 2009-19 Recommended County Capital Investment Plan (CIP)
Budget Director Donna Coffey distributed a handout. There was a new Table of
Contents and there were also page cross-references as requested by the County
Commissioners. She went over the goldenrod sheet.
Laura Blackmon made reference to the abstract, which highlighted the additional penny
from the capital funding policy, and the three cents for school capital projects and one cent for
County capital projects with pay-as-you-go. Appendix D has a list of all of the needs. Appendix
D-2 is a proposal for the one cent -Jail HVAC system replacement for $900,000; Historic
Courthouse HVAC system replacement for $250,000; Court Street Annex HVAC system
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replacement for $200,000; and 501 W. Franklin Street HVAC system replacement for
$100,000.
Laura Blackmon said that the growth rate and the debt capacity are going to slow down
significantly in the coming years. The 7% growth rate that has been used in the past is not the
experience right now.
Donna Coffey said that the 7% was based on direction from the Board two falls ago
when the average growth rate was 9%. Over the last couple of years, the growth rate average
has been 6%.
Chair Jacobs said that he thought that a couple of projects were left out.
Commissioner Gordon distributed a handout about Option A: Lease/Purchase
Hillsborough Commons.
Chair Jacobs said that the Board has talked in the past about doing more for the Efland
Community Center and it is not on the capital work sheet.
Chair Jacobs also made reference to libraries and said that it looks like in the next ten
years, the County is not addressing any other library that has been recommended except for
southwest Orange and not Cheeks. He did not know that the Board had decided that in the
next ten years that it would not even address Cheeks. He wanted to flag this.
Commissioner Gordon asked what happened to astro-turfing the soccer field at Smith
Middle School. Also, regarding the increases in renovations, the Link Center renovations went
up $200,000 from last year. The Animal Services Facility also went up. She asked about these
increases. Regarding Twin Creeks, there is an item that suggests taking $275,000 from the
bond money to do renovations at other parks. She does not want to do this.
Commissioner Gordon said that her feeling is to think about Twin Creeks very seriously.
She would like to investigate the possibility of looking into a linear park here so that people
could at least walk through the property. The infrastructure is the stumbling block for Twin
Creeks.
This item is coming back to the Board on November 13tH
Laura Blackmon said that the two school systems would also be making capital
presentations on November 13tH
Commissioner Nelson said that the Board just spent two hours talking about other stuff,
and did not get to the CIP. He is frustrated and he wants to insist that work session agendas
should be kept at a minimum.
Chair Jacobs suggested inviting the school representatives at 8:30 p.m. on the 13tH
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
adjourn this meeting at 10:0 p.m. to Thursday, November 6, 2008 at 7:OOpm at the F. Gordon
Battle Courtroom in Hillsborough, North Carolina.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board
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DRAFT MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
November 6, 2008
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Thursday,
November 6, 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 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
There was a change in the agenda to have the Board of County Commissioners' and
Manager's comments at the beginning.
Chair Jacobs said there were several additional materials at their places. The aqua
sheet was the Orange County Water Supply Reservoir Water Levels. The white sheet was a
letter from the Tobacco Trust Fund Commission informing the Board that they have awarded a
$479,000 grant to Orange County for the Piedmont Value-Added Shared Use Food and
Agricultural Processing Center. The beige sheet was a news release for Applications for
Heating Assistance that will be taken in November by Social Services. There was a handout
(white) from the N.C. Responsible Animal Owners Alliance relating to item 6-a, Proposed
Animal Ordinance Amendment Restricting the Tethering of Dogs. The purple sheet related to
item 6-b, the Comprehensive Plan Update Phase II, and was from Commissioner Gordon. The
light blue sheet related to item 6-d, the Legal Advertisement for the Quarterly Public Hearing on
November 24, 2008. The photographs went with item 3-c, Update on the Stillhouse Creek
Water Quality Grant Project. The salmon sheet related to item 4-g, a Resolution Supporting
Orange County School Board Reconsideration of Rental Fee for KidScope at Hillsborough
Elementary. The orange handout related to item 4-I, Approval of BOCC Retreat Process. The
tan sheet related to item 4-m, the Loan Subordination Request from the Chrysalis Foundation.
The yellow sheet related to item 4-p, a Contract Approval for the Construction Manager at Risk
Services for Hillsborough Commons, and is from Commissioner Gordon; it shows the lease and
construction cost figures for Hillsborough Commons given to the Board in March 2007. There
was a document (white) that related to item 4-p, Contract Approval: Construction Manager at
Risk Services for Hillsborough Commons.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2
1 2. Public Comments
2 a. Matters not on the Printed Agenda
3 NONE
4
5 b. Matters on the Printed Agenda
6 (These matters were considered when the Board addressed that item on the agenda
7 below.)
8
9 3. Proclamations/ Resolutions/ Special Presentations
10 a. North Carolina Governor's Awards and Orange County Volunteer
11 Recognition
12 The Board recognized the North Carolina Governor's Volunteer Award Recipients from
13 Orange County.
14 Department on Aging and Transportation Director Jerry Passmore said that this
15 program has existed since 1979. The Governor's office recognizes volunteers throughout the
16 state.
17 North Carolina Governor's Award
1 g for
19 Outstanding Volunteer Service
20 Orange County Recipients for 2008
21
22 Each year Orange County recognizes its most outstanding Community volunteers. The process
23 began in the summer when nomination forms are sent to non-profit and governmental human
24 services agencies in Orange County and information sent to the media. Agencies are asked to
25 nominate an Individual, Group or Business for their outstanding service. Fifteen nominees were
26 received. A panel of judges picked the five finalists including one as the Medallion Award
27 nominee representing Orange County in Governor's Office selection of the top 20 outstanding
28 volunteers in North Carolina.
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30 Each County recipient will receive a N.C. Volunteer Award certificate, a congratulation letter
31 signed by the Governor and an Outstanding Volunteer recognition pin. In addition, Orange
32 County Commissioners have created a local "Governor's Volunteer Awards" plaque that
33 displays each year's winners.
34
35 The 2008 winners in alphabetical order including their nominating organization or individual are
36 as follows:
37 Sue Battle
38 (Chapel Hill-Carrboro City Schools-Blue Ribbon Mentor-Advocate)
39
40 Sue Battle is indeed a Mentor for Mentors, contributing over ten years of community service in
41 Orange County. Sue was nominated by the Chapel Hill/Carrboro Schools Blue Ribbon Mentor-
42 Advocate Program. She is commended for her patience and keen ability to read between the
43 lines in order to bridge the sixty-year gap between her and the children she has taken your
44 wing. As a mentor, she provided shelter from family violence for one child and guided another
45 to explore the arts and sciences that led to travels in Africa and the pursuit of a college
46 education. The positive impact of Sue's efforts has encouraged life changes for children to grow
47 and prosper. Sue Battle has provided an exemplary example to follow for families and the rest
48 of community. Orange County and the state of North Carolina greatly appreciate her selfless
49 acts kindness and present this award for outstanding community service.
50 Debbie Finn
1 (Orange County Rape Crisis Center)
2
3 For 34 years, Debbie Finn has humbly worked for this community moving from one need to
4 another, going where she could best serve. The first 24 years were dedicated to the Chapel
5 Hill-Carrboro School System, lending her expertise in education to hundreds of children. Here
6 she focused on reading and language as tutor, reading partner and then testing administrator at
7 Seawell School. For the last ten years her strength and compassion has been given to the
8 Rape Crisis Center of Orange County, beginning with 60 hours of training which stood her in
9 good stead as crisis counselor. Additionally she served on the Board of directors and most
10 recently as office volunteer but Debbie was also giving her time to Dress for Success, the Board
11 of Adjustment for the Town of Chapel Hill and Board of the Chamber Orchestra for the triangle.
12 Debbie is a beacon for volunteerism and a most deserving recipient of the North Carolina
13 Award for Outstanding Volunteer Service.
14
15 Orange County Hummingbirds 4-H Club
16 (Wendy Burgess)
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18 Thanks to the Orange County Hummingbirds 4-H Club and'the many youths who have served
19 the Orange County community for the past 15 years as volunteers in the Club. The dedication
20 of this group is apparent through the wide range of good works performed by the children and
21 their families to help make life better for those most in need (to name a few: blood drives,
22 adopt-a-highway, visits to shut-ins and nursing home residents to share a song or make a craft,
23 and delivery of emergency food boxes). Even the most basic human needs can become a crisis
24 if not addressed. Orange County and the state of North Carolina greatly appreciate the many
25 acts of kindness of the Hummingbirds 4-H Club and honor the Club for its outstanding
26 community service.
27
28 Lee Pavao
29 County's Medallion Award Nominee
30 (Chapel Hill/Orange County Visitors Bureau)
31
32 Lee Pavao has contributed over 25 years of community service in Orange County. As a Chapel
33 Hill/Orange County Visitors Bureau board member for the last eleven years and Chair, Lee has
34 build and improved the economic health of Orange County. He has applied his leadership skills
35 along with his artistic talents and business experience to help others succeed and the
36 community prosper. It is apparent through his community contributions to the Bureau and the
37 many other non-profit agencies for which he has served that he has made a lifetime
38 commitment to assist those in need (some of the other agencies are the Chapel Hill Town
39 Council, Library and Museum; the Ronald McDonald House; Planned Parenthood, the UNC
40 Childhood Trust and Friends of the Seymour Center). Orange County and the state of North
41 Carolina greatly appreciate your selfless acts and consider it an honor to have Lee as a
42 resident and the County's Medallion Award nominee and its outstanding community service
43 volunteer.
44
45 Pat Taylor
46 (UNC Hospice) .
47
48 Pat Taylor has provided over five years of community service in Orange County through the
49 UNC Hospice Program. She is commended for her patience, keen sensitivity and ability to
4
1 identify needs and take appropriate action to assist caregivers and families facing the
2 impending death of a loved one. Her willingness to go the extra mile working with a difficult
3 patient or distressed family has turned many crisis situations into manageable situations for all
4 involved. Pat is known to give whatever it takes, volunteering from four to forty-eight hours a
5 week. She is also known never to cower when facing an ominous challenge but to roll up her
6 sleeves and dive into unknown territory in order to help relieve the suffering of others. Orange
7 County and the state of North Carolina greatly appreciate Pat Taylor's selfless acts of kindness
8 and honor her for outstanding community service.
9 b. Nonprofit Awareness Month
10 The Board considered a proclamation declaring November 2008 as "Nonprofit
11 Awareness Month" and authorizing the Chair to sign.
12 Chair Jacobs read the proclamation.
13
14 OR,~4.N,GE CQUNZY BOARD QF C.QIII.I,M1;$~~ONER
15 i?L2.OCL.AMA~I;ON
16 Nonprofit Awareness Month
17
18 WHEREAS, Orange County is home to more than 266 charitable nonprofit organizations which
19 provide diverse services to the community; and
20
21 WHEREAS, these organizations spend more than $448 million annually serving the people of
22 Orange County; and
23
24 WHEREAS, North Carolina's nonprofit sector puts more than $29 billion into our state's
25 economy, and North Carolina nonprofits' economic impact has more than doubled in a
26 decade; and
27
28 WHEREAS, 6.5% of all jobs in our state are provided by charitable nonprofits; and
29
30 WHEREAS, people throughout Orange County support and participate in nonprofit
31 organizations by serving as board members, volunteering, donating, and working as
32 staff; and
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34 WHEREAS, nonprofit employees pay income taxes and spend their salaries locally, thus paying
35 local and state sales taxes too; and they buy houses, cars, computers, groceries,
36 clothes, home products, and all other items sold in our community; and
37
38 WHEREAS, Orange County nonprofits build partnerships and collaborate with governments,
39 businesses, faith-based organizations, and other groups to expand resources; and
40
41 WHEREAS, nonprofits play a central role in the democratic process by providing a means for
42 individuals to deliberate on and advocate for public policies and decisions that affect
43 them; and
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45 WHEREAS, Orange County nonprofits provide opportunities for developing skills, leadership
46 abilities, and service through civic engagement; and
47
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1 WHEREAS, everyone who lives in Orange County benefits from nonprofits' vital contributions of
2 strengthening our social fabric, public policy, culture, sense of community, and future;
3
4 NOW THEREFORE, be it resolved that the Board of Commissioners of Orange County
5 declares November 2008 as Nonprofit Awareness Month and extends its
6 congratulations to charitable nonprofits serving our community for their dedicated
7 service to the community and its sincere gratitude to the residents of Orange County
8 whose volunteer spirits and donations make these organizations strong.
9
10 Proclaimed this 6th day of November 2008.
11
12 A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
13 approve a proclamation, as stated above, declaring November 2008 as "Nonprofit Awareness
14 Month" and authorize the Chair to sign.
15 VOTE: UNANIMOUS
16
17 c. Stillhouse Creek Water Quality Grant Project
18 The Board received an update on the progress and success of the Stillhouse Creek
19 Water Quality Grant demonstration projects.
20 Soil Conservationist Gail Hughes summarized the abstract, giving the background. This
21 stream restoration project began in February 2006 and was completed in May 2006. The creek
22 is located between the Sheriff's Office and the Link Government Services Center. She showed
23 some photos. The project did not cost the County any direct funds other than staff time and the
24 conservation easement.
25 The best management practices within the project include a rain garden and rain
26 barrels, an educational sign, a pet waste receptacle, and a split rail fence to delineate the
27 stream buffer and conservation easement.
28
29 PUBLIC COMMENT:
30 Don Cox is one of the five Soil and Water District Supervisors for Orange County. He
31 said that this work for Stillhouse Creek and the rain garden are examples of a new program
32 they are bringing across the State, which is called Community Conservation Assistance
33 Program, or C-CAP. There can be cost-sharing of up to 75% for programs. This program will
34 improve stream water quality and reduce the impact of storm water runoff. They will be asking
35 for assistance for this program in the future.
36 Commissioner Carey asked where funds came from for this project and Don Cox said
37 that they have been working with Clean Water Management Trust Fund grants. The legislature
38 unanimously approved this in 2006 as a State cost-sharing program and appropriated enough
39 in 2007 for Statewide staff. There are additional positions needed and additional grants.
40
41 d. Presentation of Draft Orange County Social Justice Goal
42 The Board received the Orange County Human Relations Commission
43 recommendations regarding a proposed Orange County Social Justice Goal as requested by
44 the Board of Commissioners.
45 Human Rights and Relations Director Shoshannah Smith introduced members of the
46 Human Relations Commission.
47 Vivette Jeffries-Logan, Chair of the HRC, gave background on this item. In 2004, the
48 Board of County Commissioners requested that the HRC make recommendations regarding a
49 possible Social Justice goal for Orange County. The first draft was submitted in late 2007 and
50 the Board provided feedback in February 2008. This report has incorporated that feedback. In
6
1 this draft, action items outside of the County's purview and scope have been catalogued in the
2 appendices. The body has been condensed to five pages, with reference materials attached.
3 Commissioner Gordon made reference to page 3 and "sustainable. community" and said
4 that it should also say this on the last bullet as well as the second bullet.
5 Commissioner Gordon made reference to the Recommended Actions for Overcoming
6 Oppression and Inequity and suggested including, "to increase protection against
7 discrimination" and then list the non-existing protected classes and add "sexual orientation."
8 Commissioner Carey commended the HRC for the work and said that he hopes that the
9 Board of County Commissioners will take this up at its retreat and incorporate some of those
10 things that do not necessarily cost money.
11 This issue will be taken up at the Board's retreat.
12
13 e. Presentation on Consolidating Service Delivery at the New Central Orange
14 Senior Center, January 2009
15 The Board received a presentation of plans underway by the Department on Aging to
16 consolidate County senior services at Cedar Grove, Efland Cheeks, and Hillsborough to the
17 new Central Orange Senior Center when it opens in January 2009.
18 Laura Blackmon introduced this item. She said that this will be similar to what was done
19 with the Strategic Operation Plan that was done at the Seymour Center in Chapel Hill. Part of
20 this is due to fiscal constraints and it also provides a more efficient system of providing services
21 in one location. She said that the Efland and Cedar Grove centers will remain open and there
22 will still be recreational and leisure activities.
23 Commissioner Foushee said that she heard some concerns from the Efland center
24 citizens regarding transportation to the Central Orange Senior Center and how long they would
25 have to wait.
26 Department on Aging and Transportation Director Jerry Passmore said that he, AI Terry,
27 and Janice Tyler met with both communities (Efland and Cedar Grove) and AI Terry reassured
28 everyone that the waiting times for transportation would not be affected adversely.
29 Commissioner Foushee wants to do what needs to be done to not lose seniors from the
30 Efland center. Jerry Passmore said that all of the activities that are happening in both places
31 will be there, as well as additional activities.
32 Chair Jacobs wants to be sure to reach out to the churches in the community. He
33 suggested an Op-Ed in the News of Orange so that people in Cedar Grove and Cheeks who
34 use these facilities realize that this is coming and they can be reassured that there will be
35 transportation services, etc. He made reference to serving food and said that he hopes that
36 these facilities start using locally produced food.
37 Jerry Passmore said that the staff is meeting with key people in trying to buy locally,
38 recycle products, etc. He has also spoken to some ministers in the area and has encouraged
39 their participation.
40
41 8. BOARD COMMENTS:
42 Commissioner Carey - no comment.
43 Commissioner Gordon said that the. Commission for the Environment had a discussion
44 on bio-solid applications and there could be some hazardous materials in it, so the discussion is
45 being continued.
46 Regarding transportation, she said that she has been reporting on the long-range
47 transportation plan, and there will be a public hearing with the Durham-Chapel Hill-Carrboro
48 Metropolitan Planning Organization and Transportation Committee on November 12`h at 7:00
49 p.m. at Durham City Hall.
7
1 She also announced that the new Chair of Triangle Transit is Bill Strom, who is from
2 Orange County.
3 Commissioner Foushee said that the Orange County campus of Durham Technical
4 Community College is fully operational with full-credit courses. There are about 80 students
5 enrolled at this time in the middle college program.
6 Commissioner Foushee offered congratulations to the new incoming County
7 Commissioners. She thanked the residents of Orange County for electing her to another four-
8 year term.
9 Commissioner Nelson said that last week at the work session Commissioner Foushee
10 mentioned moving the meeting start times up to 7:00 p.m. and he agrees with this sentiment.
11 He pointed out that it is now 8:35 p.m. and the first hour was spent talking about things such as
12 presentations, proclamations, and resolutions. He would like to talk as a group about what the
13 Board thinks is appropriate to put in this category. He said that it will be 9:00 p.m. or later
14 before the Board gets to the real part of the agenda.
15 Commissioner Carey congratulated Commissioner Foushee and all others for being
16 elected.
17 Chair Jacobs said that the N.C. Tobacco Trust Fund has awarded $480,000 on behalf of
18 Alamance, Chatham, Durham, and Orange Counties to the Value-Added Shared Use Food and
19 Agricultural Processing Center. This means that grants in excess of $600,000 have been
20 received for this facility.
21 Chair Jacobs pointed out that Orange County is starting cardboard curbside recycling.
22 Chair Jacobs said that on November 17`h at 7:00 p.m. at McDougal Middle School, there
23 will be a public comment meeting on the siting of the transfer station.
24 Chair Jacobs said that the Board of County Commissioners has taken no position on the
25 proposed airport, and they have some questions and concerns but have not even discussed
26 this issue yet.
27 Chair Jacobs congratulated all the newly elected candidates. Commissioner Gordon
28 also congratulated all the candidates.
29
30 9. MANAGER'S COMMENTS
31 Laura Blackmon said that interviews were held with the Library Services Director
32 applicants last week and she hopes to bring forth a candidate soon.
33 On November 18`h, she will be bringing back the 2009 meeting calendar. The F. Gordon
34 Battle Courtroom will not be available due to renovations, and staff is looking at the Central
35 Orange Senior Center at this time to possibly hold meetings.
36 Laura Blackmon thanked the newly elected County Commissioners who have attended
37 orientation sessions so far. There has been 100% participation.
38
39 4. Consent Agenda
40 A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
41 approve those items on the Consent Agenda as stated below:
42
43 a. Minutes
44 This item was removed and placed at the end of the consent agenda for separate
45 consideration.
46 b. Appointments -None
47 c. Property Tax Refunds
48 The Board adopted a refund resolution, which is incorporated by reference, for three (3)
49 requests for property tax refund in accordance with N.C. General Statute 105-381.
50 d. Property Tax Releases
8
1 The Board adopted a resolution, which is incorporated by reference, to release property values
2 related to five (5) requests fro property tax release in accordance with N.C. General Statute
3 105-381.
4 e. Applications for Property Tax Exemption/Exclusion
5 The Board approved seven (7) untimely applications for exemption/exclusion from ad valorem
6 taxation for the 2008 tax year.
7 f. Resolution of Approval -Conservation Easement Amendment for Lloyd Farm
8 The Board approved a resolution to approve an amendment to a conservation easement held
9 jointly by Orange County and OWASA for the John and Carolyn t_loyd farm and authorized the
10 Chair to sign.
11 g, Resolution Supporting Orange County School Board Reconsideration of Rental Fee
12 for KidSCope at Hillsborough Elementary
13 This item was removed and placed at the end of the consent agenda for separate
14 consideration.
15 h. Resolution Requesting Transportation Funds for Economic Development
16 Transportation Projects
17 This item was removed and placed at the end of the consent agenda for separate
18 consideration.
19 i. Agreement Renewal Between UNC Hospitals and Orange County for the Senior
20 Wellness Program
21 The Board approved an agreement renewal to receive $25,000 from the University of North
22 Carolina (UNC) Hospitals for its co-sponsorship of the Department on Aging's Senior Wellness
23 Program from July 1, 2008 -June 30, 2009 and authorized the Chair to sign, subject to final
24 review by staff and the County Attorney.
25 L Lease Renewal: Sawyer Building
26 This item was removed and placed at the end of the consent agenda for separate
27 consideration.
28 k. Lease Renewal: 501 W. Franklin Street, Suite #105
29 This item was removed and placed at the end of the consent agenda for separate
30 consideration.
31 I. Approval of BOCC Retreat Process
32 The Board approved the proposed BOCC retreat process and associated contract for services
33 and authorized staff to sign the associated contract.
34 m. Loan Subordination Request -Chrysalis Foundation
35 This item was removed and placed at the end of the consent agenda for separate
36 consideration.
37 n. Housing Rehabilitation Contract Awards
38 This item was removed and placed at the end of the consent agenda for separate
39 consideration.
40 0. Resolution Endorsing NCDOT Project to Enhance Safety and Improve Traffic Flow
41 The Board approved a resolution endorsing transportation improvements proposed by the North
42 Carolina Department of Transportation.
43 p: Contract Approval• Construction Manager at Risk Services for Hillsborough
44 Commons
45 This item was removed and placed at the end of the consent agenda for separate
46 consideration.
47 g: Amendment to the County Campus Construction Manager at Risk Agreement to
48 Increase Funding for Enhanced Energy Use HVAC System
49 This item was removed and placed at the end of the consent agenda for separate
50 consideration.
9
1 r. Educational Facilities Impact Fee
2 This item was removed and placed at the end of the consent agenda for separate
3 consideration.
4
5 VOTE ON CONSENT AGENDA: UNANIMOUS
6
7 ITEMS REMOVED FROM CONSENT AGENDA:
8
9 a. Minutes
10 The Board considered correcting and/or approving the minutes from September 16, 22,
11 and 25, 2008 as submitted by the Clerk to the Board.
12 Commissioner Nelson said that these meetings were so long ago that he cannot confirm
13 whether or not the minutes are accurate. He said that when this was last discussed, Chair
14 Jacobs suggested getting the minutes back in 4-6 weeks at least. He was willing to try this, but
15 he now thinks that this is not working for him. He asked why it was taking so long to get
16 minutes back.
17 Clerk to the Board Donna Baker said that she gets them back and there is someone that
18 reviews them. The transcriber does one a week and sometimes two a week. She said that the
19 Board of County Commissioners has a lot of meetings and the minutes are almost verbatim,
20 especially for public hearings.
21 Commissioner Gordon said that she had a suggestion from aCommissioner-Elect to do
22 a quick summary of minutes that is posted on the Internet right away. She thinks that people
23 are generally interested in the major item's. She agreed with turning the minutes around within
24 two weeks.
25 A motion was made by Commissioner Nelson, seconded by Chair Jacobs to approve
26 minutes for September 16, 22, and 25, 2008 and ask the Clerk from this point forward to get the
27 minutes within two weeks of the meetings.
28 VOTE: UNANIMOUS
29
30 g_ Resolution Supporting Orange County School Board Reconsideration of
31 Rental Fee for KidSCope at Hillsborough Elementary
32 The Board considered adopting a resolution asking the Orange County School Board to
33 reconsider its decision to charge rental fees to KidSCope for space traditionally occupied at
34 Hillsborough Elementary.
35 There was asalmon-colored sheet related to this item.
36 Commissioner Nelson said that the County Commissioners received a phone call from a
37 member of the school board and he understands how the school board feels, having one
38 government tells another government how to spend its money. He understands that this is a
39 request, but it does not feel that way. He will vote against this unless someone can make a
40 really strong case.
41 Commissioner Carey said that he probably would have pulled this item too. He said
42 that, in dealing with the school boards in the past, when the County Commissioners have asked
43 school boards to do things, the school boards have assumed that the Board of County
44 Commissioners would cover the cost of what was requested. If the County does not have the
45 money to do it, then it should not ask the school board to do this.
46 Gwen Harvey recognized Mike Mathers, Executive Director of Chapel Hill Training and
47 Outreach Project, the parent organization of KidSCope. This is anon-profit organization. He
48 said that this program has been stabilized after Chapel Hill Training and Outreach took it over
49 and the desire is to expand the program. The expansion cannot be done without continued
50 support.
10
1 In answer to a question about the Superintendent, Mike Mathers said that he talked to
2 Superintendent Rhodes, who was in favor of the school board rescinding its decision.
3 A motion was made by Commissioner Foushee, seconded by Chair Jacobs to adopt the
4 proposed resolution on behalf of KidsCope and forward to the Orange County School Board.
5
6 RESOLUTION
7 REQUESTING THE ORANGE COUNTY SCHOOL BOARD RECONSIDER
8 REQUIRING KIDSCOPE TO MAKE ANNUAL RENT PAYMENTS TO HILLSBOROUGH
9 ELEMENTARY AND RECOMMIT TO RENT-FREE OCCUPANCY
10
11 WHEREAS, KidsCope is an early intervention program created in 1988 by a coalition of
12 professionals and child advocates to address a documented need for specialized services to
13 young children experiencing social, emotional, and behavioral difficulties; and
14
15 WHEREAS, KidsCope is comprised of a number of specialized components; i.e., parent-child
16 therapies, technical and assistance and training for child care providers, and customized
17 counseling and education for families, but community outreach remains its core service; and
18
19 WHEREAS, in 2005 KidsCope was divested from the OPC Area Program as required under
20 statewide mental health reform and became a program of the Chapel Hill Trainirig and
21 Outreach Program; and
22
23 WHEREAS, statewide mental health reform as mandated has created untold financial stressors
24 and strains on a severely weakened local provider network; and
25
26 WHEREAS, KidsCope continues to receive funding from the NC Division of Mental Health,
27 Orange County government, the Towns of Chapel Hill and Carrboro, the Children's Trust Fund,
28 and to a larger part, as allowable, Medicaid; and
29
30 WHEREAS, in 2007 after an 11-year agreement to allow KidsCope to occupy a building on the
31 Hillsborough Elementary campus rent-free, Orange County Schools requested rent payments in
32 the amount of $25,200 annually, thereby placing KidsCope in an increasingly fragile financial
33 position; and
34
35 WHEREAS, Orange County government, due to considerable financial constraints has been
36 unable to provide supplemental funding to KidsCope to relieve the non-profit of this major
37 expense;
38
39 NOW, THEREFORE, BE IT RESOLVED~the Board of County Commissioners requests the
40 Orange County School Board as a show of support for services to children with special needs,
41 respectfully reconsider its decision to charge KidsCope annual rent for space occupied at
42 Hillsborough Elementary, and recommit to allowing KidsCope to provide these vital services in
43 existing space rent free.
44
45 VOTE: Ayes, 3; Nays, 2 (Commissioner Nelson and Commissioner Carey)
46
47 Chair Jacobs suggested that Laura Blackmon talk with the Superintendent to see if
48 there is a preferred way to communicate with the school system, other than Chair to Chair. He
49 also said that it was his understanding that the correct way to make this request to reconsider
50 was to put it in writing.
11
1 Commissioner Gordon said that she thinks there should be a full discussion of this
2 between the school board and the Commissioners before a decision is made.
3
4 h. Resolution Requesting Transportation Funds for Economic Development
5 Transportation Projects
6 The Board considered endorsing a resolution requesting North Carolina Department of
7 Transportation (NCDOT) Highway Division 7 funds for economic development transportation
8 projects; and authorizing the Chair to forward a letter to the North Carolina Board of
9 Transportation (BOT) Division 7 board member and the NCDOT Division 7 Engineer requesting
10 the $400,000 reserved in Division 7 funds for economic development transportation projects.
11 Commissioner Nelson said that he pulled this so that he could vote individually because
12 he is not a supporter of taking public monies to benefit private businesses. He wants to vote
13 against this.
14 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
15 approve endorsing a resolution requesting North Carolina Department of Transportation
16 (NCDOT) Highway Division 7 funds for economic development transportation projects; and
17 authorize the Chair to forward a letter to the North Carolina board of Transportation (BOT)
18 Division 7 board member and the NCDOT Division 7 Engineer requesting the $400,000
19 reserved in Division 7 funds for economic development transportation projects.
20 Chair Jacobs said that some language was added to the resolution that the top priority
21 of the Rural Planning Organization is to improve Buckhorn Road and not just for Buckhorn
22 Village.
23
24 A RESOLUTION REQUESTING TRANSPORTATION FUNDS FOR ECONOMIC
25 DEVELOPMENT TRANSPORTATION PROJECTS
26
27 WHEREAS, Orange County has identified the area in western Orange County adjacent to
28 Interstate 85 and Buckhorn Road from US 70 to West Ten Road as an Economic Development
29 District; and
30
31 WHEREAS, Orange County has approved a 1.1 million-square foot planned development for
32 the Interstate 85/Buckhorn Road Economic Development District that will create an estimated
33 1,000 to 1,500 construction jobs and 1,500 to 2,000 permanent jobs in the retail,
34 accommodation and food services sectors; and
35
36 WHEREAS, a traffic impact analysis has estimated the development will generate over 45,000
37 trips per weekday and over 60,000 trips per day on weekends, with capture of over 5,000 peak
38 hour pass-by trips on weekends; and
39
40 WHEREAS, the Buckhorn Village planned development proposes three access points on
41 Buckhorn Road between Interstate 85 and West Ten Road; and
42
43 WHEREAS, that traffic impact analysis recommends several improvements on Buckhorn Road,
44 an auxiliary lane on westbound Interstate 85 from the Weigh Station on-ramp to the Buckhorn
45 Road off-ramp, and signalization of several intersections to handle increased traffic; and
46
47 WHEREAS, the project will produce an estimated $6 million in retail sales revenue per year and
48 an estimated $1.35 million in property tax revenue; and
49
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WHEREAS, North Carolina Session Law 2007-323 makes abase budget appropriations for
current operations of State departments that includes the North Carolina Department of
Transportation; and
WHEREAS, Section 27.3 of that act provides that, of funds appropriated by that act to the
Department of Transportation in fiscal year 2007-2008, fourteen million dollars be allocated
equally among the 14 Highway Divisions for economic development transportation projects
recommended by the member of the Board of Transportation; and
WHEREAS, the needed transportation improvements for Buckhorn Road will contribute to
further economic development; and
WHEREAS, the Buckhorn Village planned development ensures any needed right-of-way will
be provided to NCDOT at no cost and that utility relocations will be accomplished at no cost to
NCDOT; and
WHEREAS< the Buckhorn Road improvements are one of Orange County's top priorities in the
Triangle Area Regional Planning Organization (TARPO) Priority List for the Transportation
Improvement Program, and have been for several years, and adverse impacts to existing
neighborhoods can also be reduced with the Buckhorn Road improvements;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that
Orange County requests the $400,000 reserved in Division 7 funds for economic development
transportation projects, and authorizes the Chair to forward a letter to the Board of
Transportation member and the Division 7n Engineer requesting those funds.
VOTE: Ayes, 4; No, 1 (Commissioner Nelson)
L Lease Renewal: Sawyer Building
The Board considered approving afour-year lease renewal for the Sawyer Building to be
used as offices for Child Support Enforcement through December 1, 2012 in the amount of
$49,650 per year for each of the first two years of renewal and $51,801.50 for years three and
four of the renewal; and authorizing the Chair to sign.
Commissioner Nelson asked why this facility could not be moved into Hillsborough
Commons right away rather than paying rent. Purchasing and Central Services Director Pam
Jones said that the primary reason is that DSS has programmed enough of Hillsborough
Commons and it is more convenient for Child Support to be downtown. The lease is very
inexpensive considering the 66% reimbursement that Child Support receives.
Commissioner Nelson said that he has some discomfort with leased property.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve afour-year lease renewal for the Sawyer Building to be used as offices for Child
Support Enforcement through December 1, 2012 in the amount of $49,650 per year for each of
the first two years of renewal and $51,801.50 for years three and four of the renewal; and
authorize the Chair to sign.
VOTE: UNANIMOUS
k. Lease Renewal: 501 W. Franklin Street, Suite #105
The Board considered approving a lease renewal with Terradotta.com, asoftware
consulting firm, for space at 501 W. Franklin Street commencing on December 3, 2008 through
December 2, 2009 for a monthly rental fee of $825; and authorizing the Chair to sign.
13
1 Commissioner Nelson asked if there is a County facility that needs space that could
2 move into here rather than the County owning something that it then leases out.
3 Pam Jones said that this facility has a history. The entire property around this used to
4 be leased, and the County has been gradually putting more and more County offices here. The
5 hope is to have Terradotta.com move down and take the other suite so that Human Rights and
6 Relations can expand.
7 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
8 approve a lease renewal with Terradotta.com, asoftware consulting firm, for space at 501 W.
9 Franklin Street commencing on December 3, 2008 through December 2, 2009 for a monthly
10 rental fee of $825; and authorize the Chair to sign.
11 VOTE: UNANIMOUS
12
13 m. Loan Subordination Request -Chrysalis Foundation
14 The Board considered approving a request from the Chrysalis Foundation for Mental
15 Health, Inc. to subordinate for County Deeds of Trust totaling $222,878 to a permanent loan
16 with Roxboro Savings Bank and authorizing the Chair to sign upon the review and approval of
17 the County Attorney.
18 Jean Sutter, Executive Director of Chrysalis Foundation, said that she knows that the
19 Board of County Commissioners received an email from a neighbor of one of the properties
20 being considered, and she wanted to assure the County Commissioners that a person has
21 been hired specifically for property management and there have been assessments and the
22 properties will be brought to where they need to be. The Roosevelt St. property has three
23 clients currently and the foundation has worked to clean up the outside area. The person
24 referred to in the email that was asking for money and transportation is no longer living in this
25 property.
26 Chair Jacobs asked Jean Sutter if she had talked to the sender of the email and she
27 said that she would. Chair Jacobs asked for notification of when she talks to the sender of the
28 email.
29 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
30 approve a request from the Chrysalis Foundation for Mental Health, Inc. to subordinate for
31 County Deeds of Trust totaling $222,878 to a permanent loan with Roxboro Savings Bank and
32 authorize the Chair to sign upon the review and approval of the County Attorney.
33 VOTE: UNANIMOUS
34
35 n. Housing Rehabilitation Contract Awards
36 The Board considered awarding housing rehabilitation contracts for the Orange County
37 CDBG Scattered Site Housing Rehabilitation Program.
38 Commissioner Carey said that the bid selected was not the lowest and he asked at what
39 level do they become non-responsive.
40 Housing and Community Development Director Tara Fikes said that the standard has
41 been 15%. She said that she talked to the lowest bidder, who agreed that they had made an
42 error and could not do the work for that price.
43 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
44 approve awarding housing rehabilitation contracts for the Orange County CDBG Scattered Site
45 Housing Rehabilitation Program for:
46 104 Starlite Dr., Carrboro $56,600 Remaley Construction Co.
47 521 Spruce St., Hillsborough $40,465 Remaley Construction Co.
48
49 VOTE: UNANIMOUS
50
14
1 ,~ Contract Approval• Construction Manager at Risk Services for
2 Hillsborough Commons
3 The Board considered approving a contract with Resolute Building Company, Inc. to
4 provide Construction Manager at Risk services for the renovation and adaptive re-use of space
5 leased at the Hillsborough Commons Facility for use as office space by the Department of
6 Social Services; and authorizing the Chair to sign.
7 Commissioner Gordon referred to her handout concerning the previously provided cost
8 figures and asked for an explanation of the specifications.
9 Pam Jones explained that the amount to be approved tonight is to cover the cost if
10 something happens and there is not an agreed upon amount for the budget, or if the scope of
11 work will not meet the budget. The second part of the process is where the contractor will put a
12 specific cost to the project.
13 Commissioner Gordon wants to review this when preliminary costs are known. She
14 wants to see this at an earlier stage than the previous projects that were done this way because
15 of the cost issue.
16 A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
17 approve a contract with Resolute Building Company, Inc. to provide Construction Manager at
18 Risk services for the renovation and adaptive reuse of space leased at the Hillsborough
19 Commons Facility for use as office space by the Department of Social Services; and authorize
20 the Chair to sign.
21 VOTE: UNANIMOUS
22
23 g_ Amendment to the County Campus Construction Manager at Risk
24 Agreement to Increase Funding for Enhanced Energy Use HVAC Svstem
25 The Board considered approving a contract amendment to the Construction Manager at
26 Risk Agreement for the County campus to provide funding for energy use enhancements to the
27 heating, ventilation, and air conditioning system in both the office building and library in an
28 amount not-to-exceed $445,569, subject to County Attorney approval; and authorizing the Chair
29 to sign.
30 Commissioner Gordon expressed concerns about the cost and asked clarifying
31 questions, which were answered by Pam Jones.
32 This amount will have some sustainable design elements, which are advantageous to
33 the County.
34 A motion was made by Commissioner Carey, seconded by Commissioner Nelson to
35 approve a contract amendment to the Construction Manager at Risk Agreement for the County
36 campus to provide funding for energy use enhancements to the heating, ventilation, and air
37 conditioning system in both the office building and library in an amount not-to-exceed $445,569,
38 subject to County Attorney approval; and authorize the Chair to sign.
39 VOTE: UNANIMOUS
40
41 r. Educational Facilities Impact Fee
42 The Board considered setting the public hearing for the December 1, 2008 regular
43 Board meeting; approving the fee level range as proposed by Staff; and approving the public
44 hearing legal advertisement.
45 Commissioner Nelson said that the recommendation is better than what was on the last
46 agenda, but he thinks that the upper number is still pulled out of thin air and he wants more
47 concrete numbers. He has also brought up the idea previously about increasing the impact fee
48 on an annual basis based on certain criteria. He was hoping that this would be included so that
49 it could be taken to the public.
50 Laura Blackmon explained the reasoning behind the numbers.
15
1 Geof Gledhill said that indexing the impact fee is more complicated than it appears, and
2 he would recommend against this without getting the consultant to weigh in on the process. He
3 said that the impact fee amounts are not linear, but variable.
4 Commissioner Nelson said that his goal is to sunset this in two years so that it has to be
5 redone.
6 Commissioner Gordon said that this should convey to the public that there was a study
7 done and the County wants to know what the public thinks. She suggested having a table that
8 shows what is actually being considered.
9 Chair Jacobs said that this should point out that the cap is created by "residential"
10 growth. He also thought that the Board had discussed adding how much the cost of school
11 construction has gone up since 2001 as part of this advertisement because it is a huge
12 difference. He pointed out that the average sale price of a home in the CHCCS system is listed
13 as $805,770 per unit and the median is listed as $764,000. This puts the impact fee in a
14 different perspective than for normal people.
15 A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
16 approve the public hearing legal advertisement and have staff work up the notice and circulate
17 it to the County Commissioners for additional comments.
18 VOTE: UNANIMOUS
19
20 5. Public Hearings
21 a. CDBG Scattered Site Housing Rehabilitation Program
22 The Board conducted a public hearing to receive citizen comments regarding a change
23 in the dwelling units targeted for repair under the County's Community Development Scattered
24 Site Housing Rehabilitation Program and considered authorizing the staff to proceed with grant
25 implementation.
26 Housing and Community Development Director Tara Fikes summarized the information
27 in the abstract. The cost of rehabilitating these homes has gone up to about $40,000 per home,
28 so the amount of homes will have to be reduced from 12 to 10.
29 No public comment.
30 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
31 close the public hearing.
32 VOTE: UNANIMOUS
33
34 A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
35 approve a change in the dwelling units targeted for repair under the County's Community
36 Development Scattered Site Housing Rehabilitation Program and authorize the staff to proceed
37 with grant implementation.
38 VOTE: UNANIMOUS
39
40 6. Regular Agenda
41 a. Proposed Animal Ordinance Amendment Restricting the Tethering of Dogs
42 The Board considered adopting the proposed amendment to the Orange County Animal
43 Ordinance restricting the tethering of dogs.
44 Animal Services Director Bob Marotto said that the current draft amendment
45 incorporated the changes the Board of County Commissioners requested.
46
47 PUBLIC COMMENT:
48 Melissa Fee said that she is against restricting tethering and she and her family have a
49 dog that is tethered. She said that her dog is definitely not an inside dog and has a 2,000-
16
1 square foot area to run around outside. If her dog were put inside, she would have less than
2 1,000 square feet to run around.
3 Brian Fee said that he was at the meeting in May and he is not a dog breeder and he is
4 not an animal activist. He said that his dog is humanely tethered during the day. He is also the
5 owner of the dog that Melissa Fee spoke about. The dog is spayed and she has had her shots.
6 He said that the proposed amendment is not in the best interest of dogs. He also questions the
7 enforcement of this ordinance.
8 Suzanne Roy said that Orange County is clearly ready for change and she urged the
9 County Commissioners to pass this ordinance.
10 Steve Yuhasz said that he looked at the numbers of cruelty complaints and fewer than
11 10% involved tethering. He said that this is a solution in search of a problem. He thinks that
12 this will work a great hardship on a lot of people who have dogs and who keep them tethered,
13 who need to keep them tethered during the day while they are at work, and who treat their dogs
14 humanely. He asked the County Commissioners to not adopt the ordinance amendment.
15 Tim Wright said that there are no facts in the abstract or background information and
16 data is extremely limited. He said that this recommendation is based on opinions. He said that
17 there is already an ordinance on neglect.
18
19 Commissioner Foushee said that she is not supportive of this recommendation mainly
20 for the reasons expressed by Mr. Fee and because she had a dog before that was tethered and
21 he was treated humanely. She cannot support this recommendation as written.
22 Commissioner Nelson said that he is supportive of this ordinance, and the committee
23 that did this report did a lot of research and it asked a lot of questions from other counties that
24 had enacted this. A lot of compromises were incorporated into this recommendation as well.
25 Commissioner Carey said that he recognized the compromises and nothing the Board
26 does on this issue will satisfy everyone. He supports the recommendation.
27 Commissioner Gordon said that there are genuine differences of opinion and it is not an
28 easy call. She said, based on the recommendations and the arguments, that the
29 recommendation by the committee bears support. She said that enforcement will be based on
30 complaints.
31 Chair Jacobs said that he sees a lot of heartfelt and convincing arguments on both
32 sides. He would like to strike the whole section about kennels, which is section L. He thinks
33 that there is enough change and the talk about kennels does not belong in this ordinance. He
34 would also like to build in a review in 18 months to see how it is working. He also wants to help
35 citizens find viable options to tethering to help them keep their animals.
36 A motion was made by Chair Jacobs, seconded by Commissioner Nelson to approve
37 the proposed ordinance amendment on the tethering of dogs, striking section L, Regulating the
38 Size of Enclosures for Animals.
39 Geof Gledhill said that the 18-month feedback should not be in the ordinance, but just
40 direction to staff.
41 Discussion ensued about the timing of the 18-month feedback because of the phasing
42 in of the public education and implementation.
43 The staff will come back with a review within 24 months.
44
45 VOTE: Ayes, 4; No, 1 (Commissioner Foushee)
46
47 Geof Gledhill said that this will come back for a second reading on the 18th because it
48 was not a unanimous vote.
49 Chair Jacobs asked that a timetable and plan for the review come back on the 18th also.
50
17
1 b. Comprehensive Plan Update Phase II
2 The Board considered reviewing the draft BOCC Table of Revisions and conveying any
3 final changes to the draft Comprehensive Plan that may be required by the Board.
4 Comprehensive Planning Supervisor Tom Altieri summarized this item and provided
S background information. He said that the majority of the changes suggested by the County
6 Commissioners do not involve changes to the original meaning or the intent of the document.
7 The changes are mostly for clarification, etc. Staff will prepare a summary list of the most
8 significant changes made by the County Commissioners and this list will be included in the
9 November 18`h agenda packet for the benefit of the public.
10 Commissioner Gordon said that she spent hours on this and she has her comments
11 ready, but she cannot do this in ten minutes.
12 Chair Jacobs suggested incorporating Commissioner Cordon's comments and italicize
13 them and have until the 18`h to look at them.
14
1S PUBLIC COMMENT:
16 Allan Rosen submitted a prepared statement and read it.
17
18 Comments regarding Comprehensive Plan Update Nov. 6 agenda item
19
20 For nearly one year the Orange County Comprehensive Plan Coalition has engaged in the
21 Comprehensive Plan Update process. It has been our experience that as the process moved
22 forward the attention to public comments diminished.
23
24 As a result, the Coalition takes the position not to endorse the proposed plan. A summary of the
2S facts and perceptions that brought us to our conclusion are found in the Position Statement of
26 which you have a copy.
27
28 The Coalition has not yet decided if it will make suggestions for how our concerns might be
29 addressed. Personally, I hope we will be able to offer some suggestions later this month. Also
30 speaking personally -and not for the Coalition -- I'd like to share some additional comments.
31
32 I think it is commendable that the County will soon have a unified report that addresses seven
33 different functional elements, all chapters completed simultaneously. Hopefully, the plan will not
34 only continue the stewardship of our natural and cultural resources but -just as importantly --
3S also promote the County's sustainable growth and development. Unfortunately I have little
36 confidence this will happen.
37
38 Let me explain. The Coalition members believed we could make a valuable contribution to the
39 public discourse about the County's future. Now that the proposed plan is finished, I wish the
40 contributions of the Coalition -and other members of the public -were more in evidence.
41
42 This causes me great concern. The Coalition's Vision Statement says in part: "Sustainability is
43 achieved when stakeholders representing diverse interests work together cooperatively..."
44 (attached).
4S
46 Sadly, I don't think the proposed plan represents the diversity of interests needed to assure that
47 the outcomes inspired by this Plan will lead the County along a greater path of sustainability, a
48 path that is likely to be of urgent necessity in the not too distant future.
49
18
1 Right now I see no evidence that implementing this plan in its current form will significantly
2 correct two of my greatest concerns: the shortage of commercial and industrial development
3 which places to much burden on residential property taxes and the inadequate supply of
4 affordable and workforce housing in the County.
5
6 Other than delaying approval and improving the current plan prior to implementation, (believe
7 the key to obtaining these and other long-desired outcomes is to use the implementation phase
8 to transforms the document's encyclopedic character into a visionary document that is clear in
9 its priorities and unequivocally supported by a broad array of interest groups.
10
11 Absent such a transformation, I doubt the proposed Comprehensive Plan will significantly alter
12 the Status Quo.
13
14 Allan Rosen, Orange County, NC
15
16 Vision Statement
1'7 The Orange County Comprehensive Plan Coalition
18
19 August 6, 2007
20
21 In October 2006, the Orange County Board of Commissioners initiated atwo-year process to
22 update the county's Comprehensive Plan. This presents aonce-in-a-generation opportunity for
23 community stakeholders to come together and provide guidance on how Orange County should
24 grow-and change in the future.
25
26
27 Coalition members are committed to working together to:
28
29 • learn more about the county's Comprehensive Plan and help educate the community about
30 its importance,
31 • provide input to the county planning and advisory boards, and especially to the County
32 Commissioners,. about our shared priorities for promoting a path to sustainability that
33 balances environmental health, social equity, and economic prosperity, and
34 present a common voice for diverse stakeholders to express our common interests in
35 planning for a future where environmental conservation, resource efficiency, affordable
36 housing, social equity, economic development, preservation of regional agricultural
37 production and transit-ready, walkable, mixed-use, communities are simultaneously
38 realized.
39
40 Coalition members believe the Update should:
41
42 determine where new compact, walkable, mixed-use, transit-supportive growth and
43 development should occur within the county's planning jurisdiction,
44 make affirmative commitments to providing public sector infrastructure investments to
45 stimulate development that promotes economic prosperity, social equity and environmental
46 health, and
47 provide a framework such that the future of Orange County will be sustainable, just, and
48 equitable.
49
19
1 Sustainability is achieved when stakeholders representing diverse interests work
2 together cooperatively to assure a healthy balance among interdependent social,
3 environmental and economic priorities. Our coalition is committed to ensuring that the County
4 Commissioners include these goals in the updated Comprehensive Plan.
5
6
7
g Coalition Partners, as of August 23, 2007
9 Chapel Hill Carrboro Chamber of Commerce Community Action Network
10 EmPOWERment Interfaith Council for Social Service
11 The Village Project Walkable Hillsborough
12 Homebuilders Association of Durham, Orange and Chatham Counties
13
14
15 Comments regarding Comprehensive Plan Update Nov. 6 agenda item
16 Presented by Dolly Hunter
17
18 My comments tonight are from my experience as a member of the Orange County
19 Comprehensive Plan Coalition. We are an organization of diverse community groups
20 representing many thousands of Orange County citizens. We worked hundreds of hours
21 preparing detailed recommendations to the Comprehensive Plan Update's Goals and
22 Objectives for the Land Use, Transportation, Economic Development and Housing Elements.
23
24 Many of our recommendations were declared by the Planning Board as being more pertinent to
25 the Implementation Phase. It surprised us that the Comprehensive Plan Update became a
26 compilation instead of a plan. Our work is visionary planning for a future Orange County that
27 embraces energy efficiency, social equity, workforce housing, a thriving economy and transit-
28 ready walkable mixed use communities.
29
30 Therefore, I formally request that, in the Implementation Phase of the Comprehensive Plan, you
31 revisit the recommendations submitted by the Comprehensive Plan Coalition. Our
32 recommendations are carefully and intellectually written as an inspiration for you to achieve a
33 visionary plan for our county's future.
34
35
36 Chair Jacobs suggested making this the first decision item on November 18`h. He
37 agreed with Dolly Hunter about the implementation phase and that the Board would be
38 reviewing the plan.
39 Commissioner Gordon made reference to page 5-11, line 17 and asked if it was ok to
40 call it Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Land Use Plan to
41 make it clear, here and elsewhere in the document.
42 Commissioner Gordon asked the Board to accept her written comments which are
43 shown below (purple sheet):
44
45 Chapter 6 -NATURAL AND CULTURAL SYSTEMS ELEMENT
46
47 Suggested edits/changes to 6.4.4.1, pages 6-58 through 6-65.
48
49 A. Two Changes
50
20
1 1. To improve clarity and reduce redundancy, re-arrange the text on pages 6-58 through 6-65
2 so that the sections appear in the order shown below.
3 THIS CHANGE DOES NOT ADD ANYTHING NEW.
4
5 2. Describe the Lands Legacy Program more completely.
6 It is surprising that Lands Legacy is not really described in the Comprehensive Plan, though
7 there are many references.
8 THIS CHANGE ADDS A LITTLE MORE DESCRIPTION TO THE LANDS LEGACY SECTION.
9
10 B. Outline of pages 6-58 through 6-65 showing the changes
11
12 1st section: PREVIOUS INVENTORIES OF THE COUNTY'S NATURAL RESOURCES, PAGE
13 6-58
14
15 2nd section: CHANGE IN PRIME FOREST COVER, PAGE 6-60. Put this section next, with
16 Map 6-7 (page 6-61). Eliminate any redundancies.
17
18 3rd section: STATUS OF RARE PLANTS AND ANIMALS -PAGE 6-62 (top of page)
19 Note: Correct grammar in second sentence ("The North Carolina Natural Heritage ...")
20
21 4th section: LAND PROTECTION EFFORTS, PAGE 6-59 Use this text, but put the next to last
22 paragraph on Lands Legacy into a separate section.
23
24 5th section: LANDS LEGACY PROGRAM, PAGE 6-59
25
26 In 2000 Orange County accelerated the pace of conservation by establishing the Lands Legacy
27 Program -the first comprehensive county land acquisition program in North Carolina. The
28 Lands Legacy Program was the first focus of the new Environment and Resource Conservation
29 Department, a department established in 1998 to make environmental protection a separate
30 function of county government. Through Lands Legacy the County collaborates with local land
31 trusts, OWASA, area universities, and other partners to protect some of the County's most
32 important natural and cultural resources before they are lost or irreparably damaged, The types
33 of land protected include natural areas and wildlife habitat, parkland, prime farmland, historic
34 and cultural sites, and stream buffers. The County also works with its advisory boards to help
35 guide its acquisition priorities, and sets those priorities every two years through the adoption of
36 the Lands Legacy Action Plan. To date, Lands Legacy has protected over (give #) acres, as
37 described in Appendix (give letter).
38
39 Page 6-59 (top of page) -The paragraph on the Triangle Greenprint on page 6-59 should be
40 combined with the paragraph on the Triangle Greenprint that appears on the top of page 6-60,
41 and included as the last paragraph in the Lands Legacy section.
42
43 6th section: CURRENT ESTIMATES OF PROTECTED LAND, PAGES 6-62 through 6-65.
44
45 Chapter 9 -TRANSPORTATION ELEMENT
46
47 As you know, a revised section for the transportation element was presented to the BOCC at
48 the last Comprehensive Plan work session on October 14. Most of that plan is included in the
49 material for November 6, as it was written, but a couple of sections have been changed. They
50 should be restored to the original or similar language as presented on October 14. That
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language tracks more closely with the language used by the MPO Transportation Advisory
Committee members to evaluate transportation projects, and that language refers both to
positive impacts and to adverse or negative impacts.
9.5 GOALS
TRANSPORTATION OVERARCHING GOAL:
BULLET G: Protects the natural and cultural heritage
Transportation Goal 1: An efficient and integrated multi-modal transportation system that
protects the natural environment and community character.
9.6: OBJECTIVES
Objective T-1.3:
Develop new transportation facilities in a manner that has a positive impact or avoids adverse
impacts to the natural environment, including air quality, water resources, biological resources,
and wildlife habitat.
Objective T-1.4:
Develop new transportation facilities in a manner that has a positive impact or avoids adverse
impacts to the community, including historical or cultural. assets, existing neighborhoods,
schools and recreational facilities, and the overall rural character in Orange County.
Commissioner Gordon said that she would write up the rest of her comments and then
staff could incorporate them.
Chair Jacobs said that he had a few edits that he would give to the staff.
The Board agreed with this approach by consensus and will get additional comments to
staff by November 11 rn
c. Efland Sewer Rate Study
The Board received information for further discussion and considered a decision on the
new rate schedule for the Efland Sewer System.
Engineering Specialist Kevin Lindley said that the items requested by the County
Commissioners are in the attachments and explanations. The draft rate schedule will be taken
to public hearing in January, which will be part of the Quarterly Public Hearing.
Geof Gledhill clarified that the proposed rate schedule would not be approved until after
the public hearing.
Kevin Lindley said that he wanted to have a proposed rate schedule to present to the
public.
Commissioner Foushee would like to know what was offered to the residents in the
Rogers Road area and what the criteria was for a resident to become eligible for assistance.
She would also like to know if there are programs that are similar to what was offered to help
offset the cost of service.
Chair Jacobs suggested adding a sentence to the notice that the County will try and
provide an assistance program for residents.
Discussion ensued on the proposed rate increase.
Geof Gledhill said that the plan is to send a letter to every customer in the system and
the public hearing is to allow people to comment. There is no requirement for a public hearing
in this case.
22 .,
1 A motion was made by Chair Jacobs, seconded by Commissioner Foushee to send an
2 explanatory letter to all customers and schedule a public hearing on the proposed rate schedule
3 on November 24th
4 VOTE: UNANIMOUS
5
6 d. Legal Advertisement for Quarterly Public Hearing -November 24, 2008
7 The Board considered the legal advertisement for items to be presented at the Board of
8 County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 24,
9 2008.
10 Planning Director Craig Benedict made reference to the light blue attachment, which is a
11 revision to item 4, Rezoning. There is now more specificity about what parcels are included in
12 the rezoning. He reviewed what was on the legal advertisement.
13 Commissioner Gordon suggested not doing the non-public hearing items and just
14 adding the Efland sewer rate.
15 A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
16 approve the legal advertisement for items to be presented at the Board of County
17 Commissioners/Planning Board Quarterly Public Hearing scheduled for November 24, 2008 and
18 also add the new rate schedule for the Efland Sewer System as a public hearing item, and refer
19 the non-public hearing items to the Planning Board to bring back to the Quarterly Public
20 Hearing in February.
21
22 VOTE: UNANIMOUS
23
24 Commissioner Gordon added that there be a report to the Commissioners at the same time a
25 report is given to the Planning Board.
26
27 7. Reports-NONE
28
29 8. Board Comments -held earlier in the meeting
30
31 9. County Manager's Report -held earlier in the meeting
32
33 10. Appointments
34 a. Chapel Hill/Orange County Visitors Bureau -New Appointments
35 The Board considered making new appointments to the Chapel Hill/Orange County
36 Visitors Bureau.
37 Chair Jacobs questioned the residency of Jim Parker and said that he lived in Durham.
38 Clerk to the Board Donna Baker pointed out that in the BOCC's Volunteer Resolution that it
39 mentions that residency does not apply to volunteers serving because of a requirement that a
40 particular type of professional individual be represented (even though this was in part related to
41 individuals wanting to serve on more than 2 boards), if recruitment efforts have failed to locate
42 other qualified persons.
43 Chair Jacobs asked that the Clerk send the County Commissioners this information
44 tomorrow and they can decide at the Chair/Vice Chair meeting if they want to add Mr. Parker's
45 appointment to the next agenda or ask for a new nomination from the Hillsborough Chamber of
46 Commerce.
47 A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to
48 appoint Greg Overbeck to the Chapel Hill/Orange County Visitors Bureau, representing the
49 Chapel Hill/Carrboro Chamber of Commerce, to a term expiring December 31, 2011.
50 VOTE: UNANIMOUS
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11. Information Items
• Piedmont Value-Added Shared-Use Food & Agricultural Processing Center
12. Closed Session -held early at 7:00 p.m.
13. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
adjourn the meeting at 10:56 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board
1 DRAFT
2
3
4 Orange County Board of County Commissioners
5
g BUDGET WORK SESSION
7 Thursday, November 13, 2008
g 7:30 pm
9
10 The Orange County Board of Commissioners met for a Work Session on Thursday, November
11 13, 2008 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
14 Carey, Jr., Valerie Foushee, Alice M. Gordon, and Mike Nelson
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEY PRESENT:
17 COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
18 Managers Willie Best and Gwen Harvey, and Deputy Clerk to the Board David Hunt (All other
19 staff members will be identified appropriately below)
20
21 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
22 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE
23
24
25 1. 2009-19 County Capital Investment Plan
26 Chair Jacobs called the meeting to order at 7:32 pm.
27 Laura Blackmon said that the staff presentation was made at the last Board meeting.
28 She asked for direction from the Board on the County CIP.
29 Commissioner Gordon made reference to the increase of the budget from last year to
30 this year and noted that some of the project cost figures have increased. She asked the staff
31 to look at those and see if there could be any savings.
32 Chair Jacobs made reference to ADA improvements and said that if he were disabled,
33 he would be offended that Orange County is taking its time to make buildings accessible. He
34 asked about Appendix C and how the money is allocated.
35 Public Works Director Wilbert McAdoo said that the first point was to look at building
36 access and the number of people that come to the building.
37 Chair Jacobs asked for a document that shows what is being done and how much of it
38 can be done in a short period of time. He suggested inviting someone who is in a wheelchair to
39 the building to see if they can get in. Wilbert McAdoo said that this was done and this is how
40 the priority list was developed.
41 Commissioner Gordon asked clarifying questions about why some budget items
42 increased from last year so significantly. These questions were answered by Purchasing and
43 Central Services Director Pam Jones. Commissioner Gordon said that she would like to find
44 savings in these projects so some of the money could be re-allocated.
45 Chair Jacobs said that almost all of the park spending is pushed out to the end of the 10-
46 year period. He suggested putting all park projects on the same page and having a
47 conversation about them in the near future. Parks need to be acknowledged as a higher
48 priority.
49 Commissioner Gordon said that there is $275,000 for stabilization of Blackwood Farm at
50 New Hope, and at one other proposed park but the source of that money is the Twin Creeks
2
1 Park bond. She does not want to make that kind of allocation because of the promise to the
2 voters to use the bond monty for Twin Creeks Park. There is no Twin Creeks Park. She said
3 that the $275,000 should come from someplace else and the bond money should be left in the
4 Twin Creeks bond.
5 Laura Blackmon said that staff was looking at not having enough money to develop even
6 the first phase of Twin Creeks Park. The suggestion was that the funds be used to stabilize the
7 two facilities at Blackwood Farm.
8 ~ Environment and Resource Conservation Director Dave Stancil said that the Board,
9 before the summer break, authorized $150,000 of the Twin Creeks funds to go into the work
10 that is ongoing at the barn and the house at Twin Creeks.
11 Commissioner Gordon wants to have a conversation about what to do about Twin
12 Creeks.
13 Commissioner Gordon pointed out that the County Campus and Library project is over
14 budget by $150,000.
15 Laura Blackmon made reference to Capital Repairs and Replacements and said that this
16 was being funded by the additional penny and it has not been funded in the past.
17 Chair Jacobs continued reading through each item.
18
19 Chair Jacobs asked about the Efland sewer extension and if there was going to be an
20 update on this. Laura Blackmon said that staff was working on this.
21 Commissioner Gordon made reference to Reserve for Future Land Purchases and said
22 that she would like to see this labeled "Lands Legacy/Reserve for Future Land Purchases."
23 Regarding Library Facility, Commissioner Nelson made reference to the project
24 description and. partnering with the town and said that.a policy has not been set in this regard.
25 He said that his preference is that he does not want to see "policy decisions" made in the CIP.
26 He does not want to see a policy imbedded in the CIP.
27 Commissioner Gordon said that originally she had thought that this line item was for
28 Southwest Orange-Carrboro Library. After reading it, she thought it was a reserve just for
29 libraries. She would like to take a serious look at the Southwest library.
30
31 Commissioner Gordon asked that the Mountains to Sea Trail be listed as "Lands
32 Legacy/Mountains to Sea Trail."
33 Chair Jacobs made reference to the Northern Human Services Center Renovation and
34 that there has been discussion about reworking how the building is being used. He asked to
35 flag this.
36 Chair Jacobs made reference to Northern Park and that during the budget process there
37 was discussion about having a soft opening in October and a grand opening in the spring.
38 Laura Blackmon said that there is still some construction and there is concern about access on
39 an active construction site. Parks and Recreation Director Lori Taft said that there have been
40 delays due to the weather and decisions about lighting on the field. She said that she is holding
41 fast to the date of mid-April for the grand opening.
42 Chair Jacobs would like to see afollow-up decision or an explanation.
43 Regarding the Public Works campus, Commissioner Gordon said that she would like to
44 have a discussion about the master plan. Wilbert McAdoo said that parking and storage was
45 needed, as well as expansion of office space.
46 Chair Jacobs asked staff to track what the County is paying for rent at Carr Mill Mall and
47 how that might relate to paying debt service for a dental clinic.
48 Regarding Twin Creeks, Commissioner Gordon would like to do something like a linear
49 park there so that at least people can walk around there. She would also like to find out
50 whether we have enough funding to build the soccer fields there.
51 Chair Jacobs said that there is a suggestion for another use for the soccer money.
3
1 Commissioner Foushee asked for staff to go back and look at the items flagged to
2 determine how much can be pulled to amount to the $275,000 to go towards the stabilization
3 projects and not use the bond funds for Twin Creeks.
4
5 Chair Jacobs made reference to the Reserve for Future Land Purchases and if this
6 tracked purchasing conservation easements. Dave Stancil said that this fund is open-ended
7 and could be used for a lot of different types of land purchases.
8 Donna Coffey said that staff could bring afollow-up list of flagged items at the December
9 15t meeting.
10
11 2. Review of Capital Project Funds
12 Financial Services Director Gary Humphreys made reference to the abstract and the
13 chart on the second page. The net shortfall amount was an estimate and is still about $780,000
14 for county projects. The total of both funds (school capital and County capital project funds) is a
15 $5,921,689 shortfall.
16 Chair Jacobs said that there was some alarm at this at the last meeting and he asked
17 Gary Humphreys to explain this again.
18 Laura Blackmon said that the staff had a superintendents' meeting yesterday and the
19 same information was provided.
20 Gary Humphreys and Laura Blackmon walked through what happened and why there
21 was a difference between the budgeted and actual revenues during fiscal year 2003.
22 Commissioner Nelson said that a citizen asked him exactly what happened and who did
23 not do their job. Laura Blackmon said that there was a difference in a way some of the
24 accountings were done. On the one hand, it happened when the software was changed. She
25 does not think that there was any malfeasance. The money was there, but needed to be
26 accounted for.
27 Commissioner Nelson asked if the people who were responsible for this had left and
28 Laura Blackmon said that she would say yes. Commissioner Nelson said that people-are really
29 upset about this and he needs to be able to answer the questions about who is responsible. He
30 asked if there was still a plan to issue bonds to replace this $5 million. Gary Humphreys said
31 that it is not to replace money but to complete the park bond projects. Laura Blackmon said that
32 the bond monies have not been spent and the projects have not been completed.
33 Chair Jacobs said that he was struck by the goal of the 15% fund balance, which he
34 never recalls ordering. His sense is that somehow the fund balance was fluffed up so that it
35 looked larger than it was.
36 .Laura Blackmon said that it was her understanding that 15% was a target, but she did
37 not go back and research to see if the Board adopted that before she arrived.
38 Commissioner Gordon and Commissioner Foushee spoke in support of some type of
39 internal control so that this does not happen again.
40 The issue of the revenue shortfall will come back to the Board as a separate package,
41 along with policies and procedures, which will take some time to develop.
42
43 3. Properties Subject to Potential Divestiture
44 The Board decided to address this another time, but Commissioner Nelson had some
45 questions.
46 Commissioner Nelson said that it would help him if there were recommendations about
47 which properties the staff thinks are worthwhile to keep and divest.
48
49 4. Presentation of Schools' 2009-19 Capital Investment Plan
50 -Chapel Hill-Carrboro City Schools
51
4
1
2 CHAPEL HILL-CARRBORO CITY SCHOOLS
3 2009-19
4 CAPITAL INVESTMENT PLAN
5 2009-10 CIP Funding Allocation
6 ^ADA Requirements 50,000
7 ^Abatement Projects 195,000
8 ^Electrical Systems 100,000
9 ^Fire/Safety Systems 175,000
10 ^Indoor Air Quality 195,000
11 ^Mechanical Systems 559,709
12 ^Rental Space/Mobiles 120,000
13 ^Roofing Projects 1,218,790
14 ^Window Replacements 206,210
15 ^Technology 1,210.000
16
17 ^TOTA~ 4,029,709
18
19 2009-19 CIP Funded Projects
20 ®~incoln Center Infrastructure Replacements
21 -Windows 2009-10
22 -Roof 2009 to 2011
23 -HVAC and Exterior Improvements 2010-11
24 -$1.6 million over two years
25
26 ®Lincoln Center improvements result in New Central Office and Conversion of Lincoln Center
27 into an Educational Facility removed from the Unfunded Section
28
29
30 2009-19 CIP Funded Projects
31 ®Elementary School #11
32 -$32.9 million Budget Estimate
33 -$974,000 approved for Professional Fees
34 -Development plans are progressing on
35 schedule to open school in 2011-12
36
37 2009-19 CIP Unfunded
38 Deferred Maintenance and Improvement Projects
39 ^CIP Funding reduced by $6.4 million due to deteriorating financial projections and budgeted
40 financing for Elementary School #11
41
42 Deferred Maintenance and Improvement Projects of $5.7 million include:
43 -classroom casework replacements at CHHS, Phillips, and Seawell
44 -lighting improvements at Culbreth, Phillips, Ephesus, FP Graham, and Seawell
45 -Culbreth HVAC distribution upgrades and digital controls at McDougle campus,
46 Glenwood and Culbreth
47 -anticipated roof replacements at Glenwood and Phillips
48 -CHHS stadium field's synthetic surface and gymnasium bleacher replacement
4g -parking lot and driveway repairs at CHHS, Seawell, Estes Hills, and Phillips
50
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21
2009-19 CIP Unfunded
New Schools and Facilities
• Projects Removed from Unfunded Section
-Elementary School #11
-New Central Office
-Conversion of Lincoln Center into an
Educational Facility
2009-19 CIP Unfunded
New Schools and Facilities
^Carrboro High School (adjusted from spreadsheet)
-Cultural Arts additions $8.6 million
open 2010-11
-Classroom addition $17.5 million
SAPFO required in 2015-16
-Athletic Facilities addition $4.6 million
open 2015-16
2009-19 CIP Unfunded
New Schools and Facilities
22 ®Middle School #5
23 -Budget Estimate $50.7 million
24 -SAPFO required in 2013-14
25 ®Elementary School #12
26 -Budget Estimate $44 million
27 -SAPFO required in 2017-18
28 2009-19 CIP Unfunded
29 Existing Schools and Facilities
30 ^ Lincoln Center Addition
31 -Budget Estimate $6.6 million
32 -open in 2015-16
33 ^Culbreth Middle School Science Labs
34 -Budget Estimate $4 million
35 -open in 2015-16
36 ^McDougle Middle School Auditorium
37 -Budget Estimate $6.6 million
38 -open in 2015-16
39
40
41 -Orange County Schools
42
43 Orange County Schools
44 Capital Investment Plan
45 2009-2019
46 CIP Process
47 •10-Year Projection
48 •Assessments Based on Unconstrained Resources
6
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•Inputs
-Board of Education
-Superintendent & Associate Superintendent
-Principals
-Maintenance Director
-Strategic Plan
..i Qw4.....1 C.~nili4inc
h ca v~ vunvv~ . uv... r.vv
SCHOOL
YEAR OPENED
CPES 1956
CES 1952
ECES 1952
GABES 1974
HES 1952
NHES 1991
PES 2000
ALSMS 1995
CWSMS 1968
GHMS 2006
CRHS 2002
OHS 1962
PAAS 2007
Ages of Ancillary Facilities
FACILITY YEAR OPENED
Board of Education 1971
Maintenance Office 1940
Trans ortation Office 1971
2008-2009 Funding Received
CIP Recurrin Ca ital
$2,281,700 $991,630
Prioritization of Projects
•Renovating Older Buildings
•Health/Safety Issues (HVAC and air quality)
•GREEN Retrofitting
•Equity Issues (updating science, auditoriums)
Commissioner Gordon spoke in support of upgrading science and math facilities at the
middle school level, especially Stanford and Culbreth.
Chair Jacobs asked about the unfunded projected elementary school and suggested
purchasing some land. George McFarley said that OCS is looking in the western part of the
County for some land. The goal is for the school to open in 2014.
1 A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
2 adjourn the meeting at 9:47 pm.
3
4 Barry Jacobs, Chair
5
6 Donna S. Baker, CMC
7 Clerk to the Board
2
3
4 MINUTES
5 ORANGE COUNTY BOARD OF COMMISSIONERS
6 TRANSFER STATION SITING WORK SESSION MEETING
7 November 18, 2008
g 5:30pm
9 The Orange County Board of Commissioners met for a Transfer Station Siting Work
10 Session on Tuesday, November 18, 2008 at 5:30 p.m. at the Southern Human Services
11 Center in Chapel Hill, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners
14 Moses Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Mike Nelson
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: Geof Gledhill
17 COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
18 Manager Gwen Harvey and Willie Best, and Clerk to the Board Donna Baker (All other
19 staff members will be identified appropriately below)
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21 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
22 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
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25 1. Call to Order/Introductions/Opening Remarks
26 Chair Jacobs said that the County Commissioners have been having these Transfer
27 Station Siting meetings before regularly scheduled meetings since early 2008. There was
28 a timeframe that the Board was trying to work within, but it has fallen behind. somewhat.
29 He said that the County Commissioners would try and adhere to the agenda tonight.
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31 2. De-Brief and Discussion of Public Comment Meeting Held November 17
32 Assistant County Manager Gwen Harvey provided a brief overview of last night's
33 public comment meeting about siting the transfer station and the three proposed sites.
34 Olver, Inc. provided summary remarks from last night's meeting. There were a
35 number of comments about a waste to energy facility and the option of zero waste. Many
36 speakers indicated that the transfer station should be located in an industrial zone. There
37 was also a concern about the exclusion of smaller-sized sites. Some speakers also
38 thought that the site should be located closer to the interstate or rail. Environmental
39 issues related to sludge were also brought up.
40 Bob Sallach said that there was a sentiment that a transfer station was not along-
41 term sustainable component of an integrated solid waste management plan. Some of the
42 speakers recommended that the process be delayed to allow the Board of County
43 Commissioners to look at other options, which may include a waste to energy facility.
44 There would have to be a short-term plan to bridge to the long-term waste to energy
45 facility.
46 Commissioner Foushee would like to discuss site size and the proximity to the
47 interstates. Bob Sallach said that one of the key criteria was the ability to screen the site
48 visually and for noise, so buffering was a key point. He said that the buffering was driving
49 the size of the site.
50 Commissioner Foushee asked if the need for buffering would change if the site was
51 in an industrial zone and Bob Sallach confirmed this.
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1 Commissioner Gordon arrived at 5:50 pm.
2 Commissioner Nelson asked about how a 90-day delay would affect the timeline.
3 The landfill will run out of space in two years. He said that there is a crisis with what to do
4 with waste.
5 Bob Sallach said that if a decision were made on the site on December 11`h, the
6 project could be implemented by May 2011. There would need to be some preliminary
7 site planning in conjunction with the site acquisition and permitting. The process would
8 have to be accelerated. A 90-day delay would prohibit the construction of the facility
9 before May 2011.
10 Commissioner Nelson asked about the possibility of shipping waste to Durham in
11 the short-term, as was suggested by some citizens.
12 Solid Waste Director Gayle Wilson said that he and the Manager met with Durham
13 officials and Durham was willing to receive waste from Orange County, but the excess
14 capacity was about a third of Orange County's waste volume, so it would not be able to
15 take all of Orange County's waste. Another issue is that the transfer station in Durham
16 had some issues when it was developed and it is not efficiently receiving processed
17 waste. There are frequently long lines. The economic analysis of hauling waste to
18 Durham indicates that it would significantly impact the collection services for Chapel Hill
19 and Carrboro.
20 Commissioner Nelson asked about the pros and cons of waste to energy. Bob
21 Sallach said that he was not going to comment on the technology, but there have been no
22 new waste to energy facilities developed in the United States in the last ten years. It
23 would be very expensive compared to a waste transfer station.
24 Chair Jacobs asked Planning Director Craig Benedict to talk about the limits of the
25 County Commissioners' jurisdiction in relation to areas in towns that may be industrial or
26 prime prospects for redevelopment. Craig Benedict said that this transfer station is a
27 government facility, so Orange County has a lot of flexibility in locating a transfer station.
28 In the industrial and commercial nodes, those are land use designations, and those are
29 located next to interstates. The present zoning of those areas are left as residential until
30 someone comes in and rezones them to an industrial or commercial category. Orange
31 County does not have jurisdiction of non-residential uses within Carrboro and Chapel Hill
32 planning areas, but there are transition areas. Orange County would have to be an
33 applicant going through the process if it considered a site within the town jurisdictions.
34 Discussion ensued about the economics of transferring waste outside the County.
35 Chair Jacobs asked how long it would take to execute the possibility of looking at
36 10+-acre sites. Bob Sallach said that 30 days should be sufficient for its GIS study.
37 Chair Jacobs pointed out that if there were a smaller site in Orange County's
38 jurisdiction, it would probably be an undeveloped area and would need a buffer, and
39 Hillsborough has said that it would annex the property to prevent it from being developed.
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41 3. Review Proposed Timeline for Making Site Selection Decision
42 Bob Sallach reviewed the timetable as proposed, which is shown below:
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ORANGE COUNTY TRANSFER STATION
TENTATIVE IMPLEMENTATION SCHEDULE
ACTIVITY
DURATION
START DATE COMPLETION
DATE
BOCC Site Selection 12/11/08
Property Acquisition 2 Months 12/11/2008 2/9/2009
Concept Design 2 Months 12/11/2008 2/9/2009
Site Plan Design 2 Months 2/9/2009 4/10/2009
OC Site Plan Review & Approval 3 Months 4/10/2009 7/9/2009
Permitting 5 Months 2/9/2009 7/9/2009
Facility Design 7 Months 2/9/2009 9/7/2009
Development of Final
Construction Documents
• Site Pre aration Packa e 1-1/2 Months 7/9/2009 8/24/2009
• General Buildin Contract 3 Months 9/7/2009 12/10/2009
Advertisement, Bidding &
Contract Award
• Site Pre aration Packa e 2-1/2 Months 8/24/2009 11/6/2009
• General Buildin Contract 3 Months 12/10/2009 3/8/2010
Project Construction
• Site Pre aration Packa e 4 Months 11/6/2009 3/8/2010
• General Buildin Contract 14-1/2 Months 3/8/2010 5/20/2011
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Gwen Harvey clarified that this timeline is correct only if everything goes well.
Chair Jacobs said that there should be same remaining landfill capacity at the time
of opening a transfer station. Gayle Wilson concurred with this.
Commissioner Carey said that this project is supposed to be financed through the
landfill fund, but there is no mention of it in the timeline. Gwen Harvey said that this was
part of the capital investment program for the Solid Waste Enterprise Fund.
4. Summa Presentation on Action Items that Follow a Final Site Selection
Bob Sallach said that as a consultant; Olver, Inc. needs the Board's direction on
how to proceed with the site selection. There is some additional due diligence regarding
engineering.
Chair Jacobs asked Craig Benedict to outline the process for acquiring a site within
one of the municipalities. Craig Benedict said that this would follow a site plan process of
Article 14 of the Zoning Ordinance. There are~application criteria in there. There is not a
public hearing process in the typical site plan process. There would probably have to be
environmental or traffic impact statements.
Gwen Harvey said that there are provisions that relate only to a transfer station that
are rigorous and may mimic what the County would normally do for a site plan review.
Bob Sallach said that it would need to go through the State.
Commissioner Gordon asked what routes the large trucks would be taking to
transfer the waste out of the County. Gayle Wilson said that the Board of County
Commissioners would be in a position to dictate the route the trucks would follow, in the
contract with the hauler.
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5. Public Comment Period
Gayanne Chambless said that the site selection has brought communities together
and the citizens have learned much. There is agreement that there have been inherent
flaws in this process and technology has advanced. She said that there are short-term
options such as mandatory recycling at UNC and UNC Hospitals. She said that she
hopes that the Board of County Commissioners will pursue long-term options for the
County and will be progressive. She asked the County Commissioners to investigate the
new technology and to also review the amount of acreage that is truly needed. She asked
the County Commissioners to also look at a waste transfer site parallel to a waste to
energy site.
Margaret Misch stressed her feeling about the difference between short-sightedness
and long-sightedness. She said that this station may be a short-term option and that the
County should be taking care of its own waste rather than shipping it off to another County
or another state. She said that if the County Commissioners are going to choose a site on
NC 54, then she is also opposed to having another airport in Orange County.
Bonnie Hauser reminded the Board of some of the issues that were raised at the
public comment meeting last night. One issue was the contamination and runoff into
wetlands from the transfer station. Also, there is no water and sewer in Bingham
Township. She said that, no matter how big the site is, there will not be a buffer of traffic,
noise, and safety issues that will come from the transfer station. Regarding the issue of
transferring to Durham, there would not be more than a 90-day issue if the County
Commissioners took 90 more days to study this. She added that the timeline could be
shortened depending on the siting. She suggested offering this project out for a
competitive bid and getting some other timelines. Regarding waste to energy, based on
Olver's website, waste to energy is not part of their practice area, and she has spoken to
many experts who have offered to come in and talk to the County Commissioners and the
community about waste to energy and the options. She said that many citizens are
asking when rural Orange County became the waste site for the municipalities.
Richard Taylor said that little effort has been made to talk about where the waste
would go when it left Orange County and he suggested using rail instead of trucks.
Yonnie Chapman lives in Chapel Hill and he has worked with the Rogers Road
community regarding environmental racism. He said that he sympathizes with all of the
Orange County neighbors who are concerned about this issue and the impact on their
own community. He said that he also sympathizes with the Board of County
Commissioners on this tough issue. He said that he feels a crush in terms of time and a
tendency to look for a way out as the landfill fills up. The path of least resistance has
always led to Rogers Road and he hopes that it does not this time. He said that no
community should put up with what the Rogers Road community has had to put up with
and it would be a social injustice if this fell back on the Rogers Road community.
John McQuire lives in Bingham Township and said that he wanted to remind the
Board of County Commissioners that there are alternatives to a waste transfer station and
it is more important to drive toward the right decision rather than a quick decision.
6. BOCC Direction and Feedback to County Management and Consultant
Chair Jacobs said that the Board had the GBB study done last winter and it was
presented with the written report. He would like Olver, Inc. to come to the December 1St
meeting and make a presentation of this for the sake of the new County Commissioners.
The ultimate recommendation was that the County was on the best course. He suggested
doing this in a public venue as opposed to just posting the document on the website. The
Solid Waste Advisory Board helped to determine the parameters of this study and it was
very comprehensive.
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Regarding waste reduction, Chair Jacobs pointed out that Orange County has
reduced its waste since 1995 at a rate better than any other county in North Carolina.
Other counties are increasing their waste generation per capita, and Orange County is
decreasing its waste generation per capita.
Regarding the timeline, he said that Orange County started this process over a year
ago and decided to do it at Rogers Road, but it turned out not to be the right place. So the
County Commissioners started over last December and tried to make the process as
objective as possible. He said that it seems rushed, but it is not.
Commissioner Nelson requested setting up a tour of the three candidate sites.
Gwen Harvey said that this could definitely be done with at least two of the sites. There is
uncertainty about the third site.
Regarding waste to energy, the County Commissioners spoke about this at their
retreat last week, but it would take months or years to be educated on this issue. He
suggested keeping this on the radar for parallel sites.
Chair Jacobs asked that the tours be arranged by December 11tH
Commissioner Foushee asked if other County Commissioners would like to look at
smaller sites.
Commissioner Gordon suggested that the three new colleagues~weigh in on this
since the decision will not be made until they come on the Board. She suggested getting
some information from staff regarding the pros and cons of proceeding according to the
current timeline versus not proceeding right away and considering other options.
Commissioner Carey said that the decision would be made when he is no longer on
the Board. He agreed with Commissioner Gordon that the new Board should decide
whether to change the size of the sites. However, this will create an impact on the
timeline and would almost be starting over again.
Commissioner Carey added that this meeting is his last official meeting as a County
Commissioner.
Commissioner Nelson said that the Board decided to have a larger site of 25 acres
so that there could be sufficient buffering. Also, some citizens have mentioned the old
truck stop in Hillsborough as a potential site. If it is not already in Hillsborough's
jurisdiction, Hillsborough has made it very. clear that it would annex sites to keep the
County from siting something. He said that this site does not seem realistic.
Chair Jacobs said that it is an interesting idea to look at smaller sites and the Board
should have alternative ways to proceed on the agenda for December 11t" for the new
Board. He would still like to see a presentation of the report, which may shed some light
on other alternatives. He would also like to make a list of things that the County
Commissioners would require of themselves to choose a site (i.e., how much more of an
environmental impact analysis and a traffic impact analysis is necessary, restricting
routes, pay-as-you-throw, etc.)
7. Ad'~ourn
A motion was made by Commissioner Foushee, seconded by Commissioner
Gordon to adjourn the meeting at 7:09 pm.
VOTE: UNANIMOUS
Barry Jacobs Chair
Donna S. Baker, CMC
Clerk to the Board