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HomeMy WebLinkAboutMinutes - 20081106 APPROVED 12/1/2008 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. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. North Carolina Governor's Awards and Orange County Volunteer Recognition The Board recognized the North Carolina Governor's Volunteer Award Recipients from Orange County. Department on Aging and Transportation Director Jerry Passmore said that this program has existed since 1979. The Governor's office recognizes volunteers throughout the state. North Carolina Governor's Award for Outstanding Volunteer Service Orange County Recipients for 2008 Each year Orange County recognizes its most outstanding Community volunteers. The process began in the summer when nomination forms are sent to non-profit and governmental human services agencies in Orange County and information sent to the media. Agencies are asked to nominate an Individual, Group or Business for their outstanding service. Fifteen nominees were received. A panel of judges picked the five finalists including one as the Medallion Award nominee representing Orange County in Governor's Office selection of the top 20 outstanding volunteers in North Carolina. Each County recipient will receive a N.C. Volunteer Award certificate, a congratulation letter signed by the Governor and an Outstanding Volunteer recognition pin. In addition, Orange County Commissioners have created a local "Governor's Volunteer Awards" plaque that displays each year's winners. The 2008 winners in alphabetical order including their nominating organization or individual are as follows: Sue Battle (Chapel Hill-Carrboro City Schools-Blue Ribbon Mentor-Advocate) Sue Battle is indeed a Mentor for Mentors, contributing over ten years of community service in Orange County. Sue was nominated by the Chapel Hill/Carrboro Schools Blue Ribbon Mentor- Advocate Program. She is commended for her patience and keen ability to read between the lines in order to bridge the sixty-year gap between her and the children she has taken your wing. As a mentor, she provided shelter from family violence for one child and guided another to explore the arts and sciences that led to travels in Africa and the pursuit of a college education. The positive impact of Sue's efforts has encouraged life changes for children to grow and prosper. Sue Battle has provided an exemplary example to follow for families and the rest of community. Orange County and the state of North Carolina greatly appreciate her selfless acts kindness and present this award for outstanding community service. Debbie Finn (Orange County Rape Crisis Center) For 34 years, Debbie Finn has humbly worked for this community moving from one need to another, going where she could best serve. The first 24 years were dedicated to the Chapel Hill-Carrboro School System, lending her expertise in education to hundreds of children. Here she focused on reading and language as tutor, reading partner and then testing administrator at Seawell School. For the last ten years her strength and compassion has been given to the Rape Crisis Center of Orange County, beginning with 60 hours of training which stood her in good stead as crisis counselor. Additionally she served on the Board of directors and most recently as office volunteer but Debbie was also giving her time to Dress for Success, the Board of Adjustment for the Town of Chapel Hill and Board of the Chamber Orchestra for the triangle. Debbie is a beacon for volunteerism and a most deserving recipient of the North Carolina Award for Outstanding Volunteer Service. Orange County Hummingbirds 4-H Club (Wendy Burgess) Thanks to the Orange County Hummingbirds 4-H Club and the many youths who have served the Orange County community for the past 15 years as volunteers in the Club. The dedication of this group is apparent through the wide range of good works performed by the children and their families to help make life better for those most in need (to name a few: blood drives, adopt-a-highway, visits to shut-ins and nursing home residents to share a song or make a craft, and delivery of emergency food boxes). Even the most basic human needs can become a crisis if not addressed. Orange County and the state of North Carolina greatly appreciate the many acts of kindness of the Hummingbirds 4-H Club and honor the Club for its outstanding community service. Lee Pavao County's Medallion Award Nominee (Chapel Hill/Orange County Visitors Bureau) Lee Pavao has contributed over 25 years of community service in Orange County. As a Chapel Hill/Orange County Visitors Bureau board member for the last eleven years and Chair, Lee has build and improved the economic health of Orange County. He has applied his leadership skills along with his artistic talents and business experience to help others succeed and the community prosper. It is apparent through his community contributions to the Bureau and the many other non-profit agencies for which he has served that he has made a lifetime commitment to assist those in need (some of the other agencies are the Chapel Hill Town Council, Library and Museum; the Ronald McDonald House; Planned Parenthood, the UNC Childhood Trust and Friends of the Seymour Center). Orange County and the state of North Carolina greatly appreciate your selfless acts and consider it an honor to have Lee as a resident and the County's Medallion Award nominee and its outstanding community service volunteer. Pat Taylor (UNC Hospice) Pat Taylor has provided over five years of community service in Orange County through the UNC Hospice Program. She is commended for her patience, keen sensitivity and ability to identify needs and take appropriate action to assist caregivers and families facing the impending death of a loved one. Her willingness to go the extra mile working with a difficult patient or distressed family has turned many crisis situations into manageable situations for all involved. Pat is known to give whatever it takes, volunteering from four to forty-eight hours a week. She is also known never to cower when facing an ominous challenge but to roll up her sleeves and dive into unknown territory in order to help relieve the suffering of others. Orange County and the state of North Carolina greatly appreciate Pat Taylor's selfless acts of kindness and honor her for outstanding community service. b. Nonprofit Awareness Month The Board considered a proclamation declaring November 2008 as "Nonprofit Awareness Month" and authorizing the Chair to sign. Chair Jacobs read the proclamation. ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION Nonprofit Awareness Month WHEREAS, Orange County is home to more than 266 charitable nonprofit organizations which provide diverse services to the community; and WHEREAS, these organizations spend more than $448 million annually serving the people of Orange County; and WHEREAS, North Carolina's nonprofit sector puts more than $29 billion into our state's economy, and North Carolina nonprofits' economic impact has more than doubled in a decade; and WHEREAS, 6.5% of all jobs in our state are provided by charitable nonprofits; and WHEREAS, people throughout Orange County support and participate in nonprofit organizations by serving as board members, volunteering, donating, and working as staff; and WHEREAS, nonprofit employees pay income taxes and spend their salaries locally, thus paying local and state sales taxes too; and they buy houses, cars, computers, groceries, clothes, home products, and all other items sold in our community; and WHEREAS, Orange County nonprofits build partnerships and collaborate with governments, businesses, faith-based organizations, and other groups to expand resources; and WHEREAS, nonprofits play a central role in the democratic process by providing a means for individuals to deliberate on and advocate for public policies and decisions that affect them; and WHEREAS, Orange County nonprofits provide opportunities for developing skills, leadership abilities, and service through civic engagement; and WHEREAS, everyone who lives in Orange County benefits from nonprofits' vital contributions of strengthening our social fabric, public policy, culture, sense of community, and future; NOW THEREFORE, be it resolved that the Board of Commissioners of Orange County declares November 2008 as Nonprofit Awareness Month and extends its congratulations to charitable nonprofits serving our community for their dedicated service to the community and its sincere gratitude to the residents of Orange County whose volunteer spirits and donations make these organizations strong. Proclaimed this 61h day of November 2008. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve a proclamation, as stated above, declaring November 2008 as "Nonprofit Awareness Month" and authorize the Chair to sign. VOTE: UNANIMOUS c. Stillhouse Creek Water Quality Grant Project The Board received an update on the progress and success of the Stillhouse Creek Water Quality Grant demonstration projects. Soil Conservationist Gail Hughes summarized the abstract, giving the background. This stream restoration project began in February 2006 and was completed in May 2006. The creek is located between the Sheriff's Office and the Link Government Services Center. She showed some photos. The project did not cost the County any direct funds other than staff time and the conservation easement. The best management practices within the project include a rain garden and rain barrels, an educational sign, a pet waste receptacle, and a split rail fence to delineate the stream buffer and conservation easement. PUBLIC COMMENT: Don Cox is one of the five Soil and Water District Supervisors for Orange County. He said that this work for Stillhouse Creek and the rain garden are examples of a new program they are bringing across the State, which is called Community Conservation Assistance Program, or C-CAP. There can be cost-sharing of up to 75% for programs. This program will improve stream water quality and reduce the impact of storm water runoff. They will be asking for assistance for this program in the future. Commissioner Carey asked where funds came from for this project and Don Cox said that they have been working with Clean Water Management Trust Fund grants. The legislature unanimously approved this in 2006 as a State cost-sharing program and appropriated enough in 2007 for Statewide staff. There are additional positions needed and additional grants. d. Presentation of Draft Orange County Social Justice Goal The Board received the Orange County Human Relations Commission recommendations regarding a proposed Orange County Social Justice Goal as requested by the Board of Commissioners. Human Rights and Relations Director Shoshannah Smith introduced members of the Human Relations Commission. Vivette Jeffries—Logan, Chair of the HRC, gave background on this item. In 2004, the Board of County Commissioners requested that the HRC make recommendations regarding a possible Social Justice goal for Orange County. The first draft was submitted in late 2007 and the Board provided feedback in February 2008. This report has incorporated that feedback. In this draft, action items outside of the County's purview and scope have been catalogued in the appendices. The body has been condensed to five pages, with reference materials attached. Commissioner Gordon made reference to page 3 and "sustainable community" and said that it should also say this on the last bullet as well as the second bullet. Commissioner Gordon made reference to the Recommended Actions for Overcoming Oppression and Inequity and suggested including, "to increase protection against discrimination" and then list the non-existing protected classes and add "sexual orientation." Commissioner Carey commended the HRC for the work and said that he hopes that the Board of County Commissioners will take this up at its retreat and incorporate some of those things that do not necessarily cost money. This issue will be taken up at the Board's retreat. e. Presentation on Consolidating Service Delivery at the New Central Orange Senior Center, January 2009 The Board received a presentation of plans underway by the Department on Aging to consolidate County senior services at Cedar Grove, Efland Cheeks, and Hillsborough to the new Central Orange Senior Center when it opens in January 2009. Laura Blackmon introduced this item. She said that this will be similar to what was done with the Strategic Operation Plan that was done at the Seymour Center in Chapel Hill. Part of this is due to fiscal constraints and it also provides a more efficient system of providing services in one location. She said that the Efland and Cedar Grove centers will remain open and there will still be recreational and leisure activities. Commissioner Foushee said that she heard some concerns from the Efland center citizens regarding transportation to the Central Orange Senior Center and how long they would have to wait. Department on Aging and Transportation Director Jerry Passmore said that he, Al Terry, and Janice Tyler met with both communities (Efland and Cedar Grove) and Al Terry reassured everyone that the waiting times for transportation would not be affected adversely. Commissioner Foushee wants to do what needs to be done to not lose seniors from the Efland center. Jerry Passmore said that all of the activities that are happening in both places will be there, as well as additional activities. Chair Jacobs wants to be sure to reach out to the churches in the community. He suggested an Op-Ed in the News of Orange so that people in Cedar Grove and Cheeks who use these facilities realize that this is coming and they can be reassured that there will be transportation services, etc. He made reference to serving food and said that he hopes that these facilities start using locally produced food. Jerry Passmore said that the staff is meeting with key people in trying to buy locally, recycle products, etc. He has also spoken to some ministers in the area and has encouraged their participation. 8. BOARD COMMENTS: Commissioner Carey— no comment. Commissioner Gordon said that the Commission for the Environment had a discussion on bio-solid applications and there could be some hazardous materials in it, so the discussion is being continued. Regarding transportation, she said that she has been reporting on the long-range transportation plan, and there will be a public hearing with the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and Transportation Committee on November 12th at 7:00 p.m. at Durham City Hall. She also announced that the new Chair of Triangle Transit is Bill Strom, who is from Orange County. Commissioner Foushee said that the Orange County campus of Durham Technical Community College is fully operational with full-credit courses. There are about 80 students enrolled at this time in the middle college program. Commissioner Foushee offered congratulations to the new incoming County Commissioners. She thanked the residents of Orange County for electing her to another four- year term. Commissioner Nelson said that last week at the work session Commissioner Foushee mentioned moving the meeting start times up to 7:00 p.m. and he agrees with this sentiment. He pointed out that it is now 8:35 p.m. and the first hour was spent talking about things such as presentations, proclamations, and resolutions. He would like to talk as a group about what the Board thinks is appropriate to put in this category. He said that it will be 9:00 p.m. or later before the Board gets to the real part of the agenda. Commissioner Carey congratulated Commissioner Foushee and all others for being elected. Chair Jacobs said that the N.C. Tobacco Trust Fund has awarded $480,000 on behalf of Alamance, Chatham, Durham, and Orange Counties to the Value-Added Shared Use Food and Agricultural Processing Center. This means that grants in excess of $600,000 have been received for this facility. Chair Jacobs pointed out that Orange County is starting cardboard curbside recycling. Chair Jacobs said that on November 17th at 7:00 p.m. at McDougal Middle School, there will be a public comment meeting on the siting of the transfer station. Chair Jacobs said that the Board of County Commissioners has taken no position on the proposed airport, and they have some questions and concerns but have not even discussed this issue yet. Chair Jacobs congratulated all the newly elected candidates. Commissioner Gordon also congratulated all the candidates. 9. MANAGER'S COMMENTS Laura Blackmon said that interviews were held with the Library Services Director applicants last week and she hopes to bring forth a candidate soon. On November 181h, she will be bringing back the 2009 meeting calendar. The F. Gordon Battle Courtroom will not be available due to renovations, and staff is looking at the Central Orange Senior Center at this time to possibly hold meetings. Laura Blackmon thanked the newly elected County Commissioners who have attended orientation sessions so far. There has been 100% participation. 4. Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments — None c. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, for three (3) requests for property tax refund in accordance with N.C. General Statute 105-381. d. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to five (5) requests fro property tax release in accordance with N.C. General Statute 105-381. e. Applications for Property Tax Exemption/Exclusion The Board approved seven (7) untimely applications for exemption/exclusion from ad valorem taxation for the 2008 tax year. f. Resolution of Approval — Conservation Easement Amendment for Lloyd Farm The Board approved a resolution to approve an amendment to a conservation easement held jointly by Orange County and OWASA for the John and Carolyn Lloyd farm and authorized the Chair to sign. Resolution Supporting Orange County School Board Reconsideration of Rental Fee for KidSCope at Hillsborough Elementary This item was removed and placed at the end of the consent agenda for separate consideration. h. Resolution Requesting Transportation Funds for Economic Development Transportation Projects This item was removed and placed at the end of the consent agenda for separate consideration. i. Agreement Renewal Between UNC Hospitals and Orange County for the Senior Wellness Program The Board approved an agreement renewal to receive $25,000 from the University of North Carolina (UNC) Hospitals for its co-sponsorship of the Department on Aging's Senior Wellness Program from July 1, 2008 —June 30, 2009 and authorized the Chair to sign, subject to final review by staff and the County Attorney. L Lease Renewal: Sawyer Building This item was removed and placed at the end of the consent agenda for separate consideration. k. Lease Renewal: 501 W. Franklin Street, Suite #105 This item was removed and placed at the end of the consent agenda for separate consideration. I. Approval of BOCC Retreat Process The Board approved the proposed BOCC retreat process and associated contract for services and authorized staff to sign the associated contract. m. Loan Subordination Request— Chrysalis Foundation This item was removed and placed at the end of the consent agenda for separate consideration. n. Housing Rehabilitation Contract Awards This item was removed and placed at the end of the consent agenda for separate consideration. o. Resolution Endorsing NCDOT Project to Enhance Safety and Improve Traffic Flow The Board approved a resolution endorsing transportation improvements proposed by the North Carolina Department of Transportation. Contract Approval: Construction Manager at Risk Services for Hillsborough Commons This item was removed and placed at the end of the consent agenda for separate consideration. Amendment to the County Campus Construction Manager at Risk Agreement to Increase Funding for Enhanced Energy Use HVAC System This item was removed and placed at the end of the consent agenda for separate consideration. r. Educational Facilities Impact Fee This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: a. Minutes The Board considered correcting and/or approving the minutes from September 16, 22, and 25, 2008 as submitted by the Clerk to the Board. Commissioner Nelson said that these meetings were so long ago that he cannot confirm whether or not the minutes are accurate. He said that when this was last discussed, Chair Jacobs suggested getting the minutes back in 4-6 weeks at least. He was willing to try this, but he now thinks that this is not working for him. He asked why it was taking so long to get minutes back. Clerk to the Board Donna Baker said that she gets them back and there is someone that reviews them. The transcriber does one a week and sometimes two a week. She said that the Board of County Commissioners has a lot of meetings and the minutes are almost verbatim, especially for public hearings. Commissioner Gordon said that she had a suggestion from a Commissioner-Elect to do a quick summary of minutes that is posted on the internet right away. She thinks that people are generally interested in the major items. She agreed with turning the minutes around within two weeks. A motion was made by Commissioner Nelson, seconded by Chair Jacobs to approve minutes for September 16, 22, and 25, 2008 and ask the Clerk from this point forward to get the minutes within two weeks of the meetings. VOTE: UNANIMOUS Resolution Supporting Orange County School Board Reconsideration of Rental Fee for KidsCope at Hillsborough Elementary The Board considered adopting a resolution asking the Orange County School Board to reconsider its decision to charge rental fees to KidSCope for space traditionally occupied at Hillsborough Elementary. There was a salmon-colored sheet related to this item. Commissioner Nelson said that the County Commissioners received a phone call from a member of the school board and he understands how the school board feels, having one government tells another government how to spend its money. He understands that this is a request, but it does not feel that way. He will vote against this unless someone can make a really strong case. Commissioner Carey said that he probably would have pulled this item too. He said that, in dealing with the school boards in the past, when the County Commissioners have asked school boards to do things, the school boards have assumed that the Board of County Commissioners would cover the cost of what was requested. If the County does not have the money to do it, then it should not ask the school board to do this. Gwen Harvey recognized Mike Mathers, Executive Director of Chapel Hill Training and Outreach Project, the parent organization of KidSCope. This is a non-profit organization. He said that this program has been stabilized after Chapel Hill Training and Outreach took it over and the desire is to expand the program. The expansion cannot be done without continued support. In answer to a question about the Superintendent, Mike Mathers said that he talked to Superintendent Rhodes, who was in favor of the school board rescinding its decision. A motion was made by Commissioner Foushee, seconded by Chair Jacobs to adopt the proposed resolution on behalf of KidsCope and forward to the Orange County School Board. RESOLUTION REQUESTING THE ORANGE COUNTY SCHOOL BOARD RECONSIDER REQUIRING KIDSCOPE TO MAKE ANNUAL RENT PAYMENTS TO HILLSBOROUGH ELEMENTARY AND RECOMMIT TO RENT-FREE OCCUPANCY WHEREAS, KidSCope is an early intervention program created in 1988 by a coalition of professionals and child advocates to address a documented need for specialized services to young children experiencing social, emotional, and behavioral difficulties; and WHEREAS, KidSCope is comprised of a number of specialized components; i.e., parent-child therapies, technical and assistance and training for child care providers, and customized counseling and education for families, but community outreach remains its core service; and WHEREAS, in 2005 KidSCope was divested from the OPC Area Program as required under statewide mental health reform and became a program of the Chapel Hill Training and Outreach Program; and WHEREAS, statewide mental health reform as mandated has created untold financial stressors and strains on a severely weakened local provider network; and WHEREAS, KidSCope continues to receive funding from the NC Division of Mental Health, Orange County government, the Towns of Chapel Hill and Carrboro, the Children's Trust Fund, and to a larger part, as allowable, Medicaid; and WHEREAS, in 2007 after an 11-year agreement to allow KidSCope to occupy a building on the Hillsborough Elementary campus rent-free, Orange County Schools requested rent payments in the amount of $25,200 annually, thereby placing KidSCope in an increasingly fragile financial position; and WHEREAS, Orange County government, due to considerable financial constraints has been unable to provide supplemental funding to KidSCope to relieve the non-profit of this major expense; NOW, THEREFORE, BE IT RESOLVED the Board of County Commissioners requests the Orange County School Board as a show of support for services to children with special needs, respectfully reconsider its decision to charge KidSCope annual rent for space occupied at Hillsborough Elementary, and recommit to allowing KidSCope to provide these vital services in existing space rent free. VOTE: Ayes, 3; Nays, 2 (Commissioner Nelson and Commissioner Carey) Chair Jacobs suggested that Laura Blackmon talk with the Superintendent to see if there is a preferred way to communicate with the school system, other than Chair to Chair. He also said that it was his understanding that the correct way to make this request to reconsider was to put it in writing. Commissioner Gordon said that she thinks there should be a full discussion of this between the school board and the Commissioners before a decision is made. h. Resolution Requesting Transportation Funds for Economic Development Transportation Projects The Board considered endorsing a resolution requesting North Carolina Department of Transportation (NCDOT) Highway Division 7 funds for economic development transportation projects; and authorizing the Chair to forward a letter to the North Carolina Board of Transportation (BOT) Division 7 board member and the NCDOT Division 7 Engineer requesting the $400,000 reserved in Division 7 funds for economic development transportation projects. Commissioner Nelson said that he pulled this so that he could vote individually because he is not a supporter of taking public monies to benefit private businesses. He wants to vote against this. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve endorsing a resolution requesting North Carolina Department of Transportation (NCDOT) Highway Division 7 funds for economic development transportation projects; and authorize the Chair to forward a letter to the North Carolina board of Transportation (BOT) Division 7 board member and the NCDOT Division 7 Engineer requesting the $400,000 reserved in Division 7 funds for economic development transportation projects. Chair Jacobs said that some language was added to the resolution that the top priority of the Rural Planning Organization is to improve Buckhorn Road and not just for Buckhorn Village. A RESOLUTION REQUESTING TRANSPORTATION FUNDS FOR ECONOMIC DEVELOPMENT TRANSPORTATION PROJECTS WHEREAS, Orange County has identified the area in western Orange County adjacent to Interstate 85 and Buckhorn Road from US 70 to West Ten Road as an Economic Development District; and WHEREAS, Orange County has approved a 1.1 million-square foot planned development for the Interstate 85/Buckhorn Road Economic Development District that will create an estimated 1,000 to 1,500 construction jobs and 1,500 to 2,000 permanent jobs in the retail, accommodation and food services sectors; and WHEREAS, a traffic impact analysis has estimated the development will generate over 45,000 trips per weekday and over 60,000 trips per day on weekends, with capture of over 5,000 peak hour pass-by trips on weekends; and WHEREAS, the Buckhorn Village planned development proposes three access points on Buckhorn Road between Interstate 85 and West Ten Road; and WHEREAS, that traffic impact analysis recommends several improvements on Buckhorn Road, an auxiliary lane on westbound Interstate 85 from the Weigh Station on-ramp to the Buckhorn Road off-ramp, and signalization of several intersections to handle increased traffic; and WHEREAS, the project will produce an estimated $6 million in retail sales revenue per year and an estimated $1.35 million in property tax revenue; and 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) Lease Renewal: Sawyer Building The Board considered approving a four-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 a four-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, a software 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. Commissioner Nelson asked if there is a County facility that needs space that could move into here rather than the County owning something that it then leases out. Pam Jones said that this facility has a history. The entire property around this used to be leased, and the County has been gradually putting more and more County offices here. The hope is to have Terradotta.com move down and take the other suite so that Human Rights and Relations can expand. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve a lease renewal with Terradotta.com, a software 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 authorize the Chair to sign. VOTE: UNANIMOUS m. Loan Subordination Request— Chrysalis Foundation The Board considered approving a request from the Chrysalis Foundation for Mental Health, Inc. to subordinate for County Deeds of Trust totaling $222,878 to a permanent loan with Roxboro Savings Bank and authorizing the Chair to sign upon the review and approval of the County Attorney. Jean Sutter, Executive Director of Chrysalis Foundation, said that she knows that the Board of County Commissioners received an email from a neighbor of one of the properties being considered, and she wanted to assure the County Commissioners that a person has been hired specifically for property management and there have been assessments and the properties will be brought to where they need to be. The Roosevelt St. property has three clients currently and the foundation has worked to clean up the outside area. The person referred to in the email that was asking for money and transportation is no longer living in this property. Chair Jacobs asked Jean Sutter if she had talked to the sender of the email and she said that she would. Chair Jacobs asked for notification of when she talks to the sender of the email. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve a request from the Chrysalis Foundation for Mental Health, Inc. to subordinate for County Deeds of Trust totaling $222,878 to a permanent loan with Roxboro Savings Bank and authorize the Chair to sign upon the review and approval of the County Attorney. VOTE: UNANIMOUS n. Housing Rehabilitation Contract Awards The Board considered awarding housing rehabilitation contracts for the Orange County CDBG Scattered Site Housing Rehabilitation Program. Commissioner Carey said that the bid selected was not the lowest and he asked at what level do they become non-responsive. Housing and Community Development Director Tara Fikes said that the standard has been 15%. She said that she talked to the lowest bidder, who agreed that they had made an error and could not do the work for that price. A motion was made by Commissioner Carey, seconded by Commissioner Foushee to approve awarding housing rehabilitation contracts for the Orange County CDBG Scattered Site Housing Rehabilitation Program for: 104 Starlite Dr., Carrboro $56,600 Remaley Construction Co. 521 Spruce St., Hillsborough$40,465 Remaley Construction Co. VOTE: UNANIMOUS Contract Approval: Construction Manager at Risk Services for Hillsborough Commons The Board considered approving a contract with Resolute Building Company, Inc. to provide Construction Manager at Risk services for the renovation and adaptive re-use of space leased at the Hillsborough Commons Facility for use as office space by the Department of Social Services; and authorizing the Chair to sign. Commissioner Gordon referred to her handout concerning the previously provided cost figures and asked for an explanation of the specifications. Pam Jones explained that the amount to be approved tonight is to cover the cost if something happens and there is not an agreed upon amount for the budget, or if the scope of work will not meet the budget. The second part of the process is where the contractor will put a specific cost to the project. Commissioner Gordon wants to review this when preliminary costs are known. She wants to see this at an earlier stage than the previous projects that were done this way because of the cost issue. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a contract with Resolute Building Company, Inc. to provide Construction Manager at Risk services for the renovation and adaptive reuse of space leased at the Hillsborough Commons Facility for use as office space by the Department of Social Services; and authorize the Chair to sign. VOTE: UNANIMOUS Amendment to the County Campus Construction Manager at Risk Agreement to Increase Funding for Enhanced Energy Use HVAC System The Board considered approving a contract amendment to the Construction Manager at Risk Agreement for the County campus to provide funding for energy use enhancements to the heating, ventilation, and air conditioning system in both the office building and library in an amount not-to-exceed $445,569, subject to County Attorney approval; and authorizing the Chair to sign. Commissioner Gordon expressed concerns about the cost and asked clarifying questions, which were answered by Pam Jones. This amount will have some sustainable design elements, which are advantageous to the County. A motion was made by Commissioner Carey, seconded by Commissioner Nelson to approve a contract amendment to the Construction Manager at Risk Agreement for the County campus to provide funding for energy use enhancements to the heating, ventilation, and air conditioning system in both the office building and library in an amount not-to-exceed $445,569, subject to County Attorney approval; and authorize the Chair to sign. VOTE: UNANIMOUS r. Educational Facilities Impact Fee The Board considered setting the public hearing for the December 1, 2008 regular Board meeting; approving the fee level range as proposed by Staff; and approving the public hearing legal advertisement. Commissioner Nelson said that the recommendation is better than what was on the last agenda, but he thinks that the upper number is still pulled out of thin air and he wants more concrete numbers. He has also brought up the idea previously about increasing the impact fee on an annual basis based on certain criteria. He was hoping that this would be included so that it could be taken to the public. Laura Blackmon explained the reasoning behind the numbers. Geof Gledhill said that indexing the impact fee is more complicated than it appears, and he would recommend against this without getting the consultant to weigh in on the process. He said that the impact fee amounts are not linear, but variable. Commissioner Nelson said that his goal is to sunset this in two years so that it has to be redone. Commissioner Gordon said that this should convey to the public that there was a study done and the County wants to know what the public thinks. She suggested having a table that shows what is actually being considered. Chair Jacobs said that this should point out that the cap is created by "residential" growth. He also thought that the Board had discussed adding how much the cost of school construction has gone up since 2001 as part of this advertisement because it is a huge difference. He pointed out that the average sale price of a home in the CHCCS system is listed as $805,770 per unit and the median is listed as $764,000. This puts the impact fee in a different perspective than for normal people. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve the public hearing legal advertisement and have staff work up the notice and circulate it to the County Commissioners for additional comments. VOTE: UNANIMOUS 5. Public Hearings a. CDBG Scattered Site Housing Rehabilitation Program The Board conducted a public hearing to receive citizen comments regarding a change in the dwelling units targeted for repair under the County's Community Development Scattered Site Housing Rehabilitation Program and considered authorizing the staff to proceed with grant implementation. Housing and Community Development Director Tara Fikes summarized the information in the abstract. The cost of rehabilitating these homes has gone up to about $40,000 per home, so the amount of homes will have to be reduced from 12 to 10. No public comment. A motion was made by Commissioner Nelson, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Carey to approve a change in the dwelling units targeted for repair under the County's Community Development Scattered Site Housing Rehabilitation Program and authorize the staff to proceed with grant implementation. VOTE: UNANIMOUS 6. Regular Agenda a. Proposed Animal Ordinance Amendment Restricting the Tethering of Dogs The Board considered adopting the proposed amendment to the Orange County Animal Ordinance restricting the tethering of dogs. Animal Services Director Bob Marotto said that the current draft amendment incorporated the changes the Board of County Commissioners requested. PUBLIC COMMENT: Melissa Fee said that she is against restricting tethering and she and her family have a dog that is tethered. She said that her dog is definitely not an inside dog and has a 2,000- square foot area to run around outside. If her dog were put inside, she would have less than 1,000 square feet to run around. Brian Fee said that he was at the meeting in May and he is not a dog breeder and he is not an animal activist. He said that his dog is humanely tethered during the day. He is also the owner of the dog that Melissa Fee spoke about. The dog is spayed and she has had her shots. He said that the proposed amendment is not in the best interest of dogs. He also questions the enforcement of this ordinance. Suzanne Roy said that Orange County is clearly ready for change and she urged the County Commissioners to pass this ordinance. Steve Yuhasz said that he looked at the numbers of cruelty complaints and fewer than 10% involved tethering. He said that this is a solution in search of a problem. He thinks that this will work a great hardship on a lot of people who have dogs and who keep them tethered, who need to keep them tethered during the day while they are at work, and who treat their dogs humanely. He asked the County Commissioners to not adopt the ordinance amendment. Tim Wright said that there are no facts in the abstract or background information and data is extremely limited. He said that this recommendation is based on opinions. He said that there is already an ordinance on neglect. Commissioner Foushee said that she is not supportive of this recommendation mainly for the reasons expressed by Mr. Fee and because she had a dog before that was tethered and he was treated humanely. She cannot support this recommendation as written. Commissioner Nelson said that he is supportive of this ordinance, and the committee that did this report did a lot of research and it asked a lot of questions from other counties that had enacted this. A lot of compromises were incorporated into this recommendation as well. Commissioner Carey said that he recognized the compromises and nothing the Board does on this issue will satisfy everyone. He supports the recommendation. Commissioner Gordon said that there are genuine differences of opinion and it is not an easy call. She said, based on the recommendations and the arguments, that the recommendation by the committee bears support. She said that enforcement will be based on complaints. Chair Jacobs said that he sees a lot of heartfelt and convincing arguments on both sides. He would like to strike the whole section about kennels, which is section L. He thinks that there is enough change and the talk about kennels does not belong in this ordinance. He would also like to build in a review in 18 months to see how it is working. He also wants to help citizens find viable options to tethering to help them keep their animals. A motion was made by Chair Jacobs, seconded by Commissioner Nelson to approve the proposed ordinance amendment on the tethering of dogs, striking section L, Regulating the Size of Enclosures for Animals. Geof Gledhill said that the 18-month feedback should not be in the ordinance, but just direction to staff. Discussion ensued about the timing of the 18-month feedback because of the phasing in of the public education and implementation. The staff will come back with a review within 24 months. VOTE: Ayes, 4; No, 1 (Commissioner Foushee) Geof Gledhill said that this will come back for a second reading on the 18th because it was not a unanimous vote. Chair Jacobs asked that a timetable and plan for the review come back on the 18th also. b. Comprehensive Plan Update Phase II The Board considered reviewing the draft BOCC Table of Revisions and conveying any final changes to the draft Comprehensive Plan that may be required by the Board. Comprehensive Planning Supervisor Tom Altieri summarized this item and provided background information. He said that the majority of the changes suggested by the County Commissioners do not involve changes to the original meaning or the intent of the document. The changes are mostly for clarification, etc. Staff will prepare a summary list of the most significant changes made by the County Commissioners and this list will be included in the November 18th agenda packet for the benefit of the public. Commissioner Gordon said that she spent hours on this and she has her comments ready, but she cannot do this in ten minutes. Chair Jacobs suggested incorporating Commissioner Gordon's comments and italicize them and have until the 18th to look at them. PUBLIC COMMENT: Allan Rosen submitted a prepared statement and read it. Comments regarding Comprehensive Plan Update Nov. 6 agenda item For nearly one year the Orange County Comprehensive Plan Coalition has engaged in the Comprehensive Plan Update process. It has been our experience that as the process moved forward the attention to public comments diminished. As a result, the Coalition takes the position not to endorse the proposed plan. A summary of the facts and perceptions that brought us to our conclusion are found in the Position Statement of which you have a copy. The Coalition has not yet decided if it will make suggestions for how our concerns might be addressed. Personally, I hope we will be able to offer some suggestions later this month. Also speaking personally—and not for the Coalition -- I'd like to share some additional comments. I think it is commendable that the County will soon have a unified report that addresses seven different functional elements, all chapters completed simultaneously. Hopefully, the plan will not only continue the stewardship of our natural and cultural resources but—just as importantly -- also promote the County's sustainable growth and development. Unfortunately I have little confidence this will happen. Let me explain. The Coalition members believed we could make a valuable contribution to the public discourse about the County's future. Now that the proposed plan is finished, I wish the contributions of the Coalition — and other members of the public—were more in evidence. This causes me great concern. The Coalition's Vision Statement says in part: "Sustainability is achieved when stakeholders representing diverse interests work together cooperatively..." (attached). Sadly, I don't think the proposed plan represents the diversity of interests needed to assure that the outcomes inspired by this Plan will lead the County along a greater path of sustainability, a path that is likely to be of urgent necessity in the not too distant future. Right now I see no evidence that implementing this plan in its current form will significantly correct two of my greatest concerns: the shortage of commercial and industrial development which places to much burden on residential property taxes and the inadequate supply of affordable and workforce housing in the County. Other than delaying approval and improving the current plan prior to implementation, I believe the key to obtaining these and other long-desired outcomes is to use the implementation phase to transforms the document's encyclopedic character into a visionary document that is clear in its priorities and unequivocally supported by a broad array of interest groups. Absent such a transformation, I doubt the proposed Comprehensive Plan will significantly alter the Status Quo. Allan Rosen, Orange County, NC Vision Statement The Orange County Comprehensive Plan Coalition August 6, 2007 In October 2006, the Orange County Board of Commissioners initiated a two-year process to update the county's Comprehensive Plan. This presents a once-in-a-generation opportunity for community stakeholders to come together and provide guidance on how Orange County should grow and change in the future. Coalition members are committed to working together to: • learn more about the county's Comprehensive Plan and help educate the community about its importance, • provide input to the county planning and advisory boards, and especially to the County Commissioners, about our shared priorities for promoting a path to sustainability that balances environmental health, social equity, and economic prosperity, and • present a common voice for diverse stakeholders to express our common interests in planning for a future where environmental conservation, resource efficiency, affordable housing, social equity, economic development, preservation of regional agricultural production and transit-ready, walkable, mixed-use, communities are simultaneously realized. Coalition members believe the Update should: • determine where new compact, walkable, mixed-use, transit-supportive growth and development should occur within the county's planning jurisdiction, • make affirmative commitments to providing public sector infrastructure investments to stimulate development that promotes economic prosperity, social equity and environmental health, and • provide a framework such that the future of Orange County will be sustainable, just, and equitable. Sustainability is achieved when stakeholders representing diverse interests work together cooperatively to assure a healthy balance among interdependent social, environmental and economic priorities. Our coalition is committed to ensuring that the County Commissioners include these goals in the updated Comprehensive Plan. ### Coalition Partners, as of August 23, 2007 Chapel Hill Carrboro Chamber of Commerce Community Action Network EmPOWERment Interfaith Council for Social Service The Village Project Walkable Hillsborough Homebuilders Association of Durham, Orange and Chatham Counties Comments regarding Comprehensive Plan Update Nov. 6 agenda item Presented by Dolly Hunter My comments tonight are from my experience as a member of the Orange County Comprehensive Plan Coalition. We are an organization of diverse community groups representing many thousands of Orange County citizens. We worked hundreds of hours preparing detailed recommendations to the Comprehensive Plan Update's Goals and Objectives for the Land Use, Transportation, Economic Development and Housing Elements. Many of our recommendations were declared by the Planning Board as being more pertinent to the Implementation Phase. It surprised us that the Comprehensive Plan Update became a compilation instead of a plan. Our work is visionary planning for a future Orange County that embraces energy efficiency, social equity, workforce housing, a thriving economy and transit- ready walkable mixed use communities. Therefore, I formally request that, in the Implementation Phase of the Comprehensive Plan, you revisit the recommendations submitted by the Comprehensive Plan Coalition. Our recommendations are carefully and intellectually written as an inspiration for you to achieve a visionary plan for our county's future. Chair Jacobs suggested making this the first decision item on November 181h. He agreed with Dolly Hunter about the implementation phase and that the Board would be reviewing the plan. Commissioner Gordon made reference to page 5-11, line 17 and asked if it was ok to call it Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Land Use Plan to make it clear, here and elsewhere in the document. Commissioner Gordon asked the Board to accept her written comments which are shown below (purple sheet): Chapter 6 - NATURAL AND CULTURAL SYSTEMS ELEMENT Suggested edits/changes to 6.4.4.1, pages 6-58 through 6-65. A. Two Changes 1. To improve clarity and reduce redundancy, re-arrange the text on pages 6-58 through 6-65 so that the sections appear in the order shown below. THIS CHANGE DOES NOT ADD ANYTHING NEW. 2. Describe the Lands Legacy Program more completely. It is surprising that Lands Legacy is not really described in the Comprehensive Plan, though there are many references. THIS CHANGE ADDS A LITTLE MORE DESCRIPTION TO THE LANDS LEGACY SECTION. B. Outline of pages 6-58 through 6-65 showing the changes 1st section: PREVIOUS INVENTORIES OF THE COUNTY'S NATURAL RESOURCES, PAGE 6-58 2nd section: CHANGE IN PRIME FOREST COVER, PAGE 6-60. Put this section next, with Map 6-7 (page 6-61). Eliminate any redundancies. 3rd section: STATUS OF RARE PLANTS AND ANIMALS - PAGE 6-62 (top of page) Note: Correct grammar in second sentence ("The North Carolina Natural Heritage ...") 4th section: LAND PROTECTION EFFORTS, PAGE 6-59 Use this text, but put the next to last paragraph on Lands Legacy into a separate section. 5th section: LANDS LEGACY PROGRAM, PAGE 6-59 In 2000 Orange County accelerated the pace of conservation by establishing the Lands Legacy Program - the first comprehensive county land acquisition program in North Carolina. The Lands Legacy Program was the first focus of the new Environment and Resource Conservation Department, a department established in 1998 to make environmental protection a separate function of county government. Through Lands Legacy the County collaborates with local land trusts, OWASA, area universities, and other partners to protect some of the County's most important natural and cultural resources before they are lost or irreparably damaged, The types of land protected include natural areas and wildlife habitat, parkland, prime farmland, historic and cultural sites, and stream buffers. The County also works with its advisory boards to help guide its acquisition priorities, and sets those priorities every two years through the adoption of the Lands Legacy Action Plan. To date, Lands Legacy has protected over (give #) acres, as described in Appendix (give letter). Page 6-59 (top of page) - The paragraph on the Triangle Greenprint on page 6-59 should be combined with the paragraph on the Triangle Greenprint that appears on the top of page 6-60, and included as the last paragraph in the Lands Legacy section. 6th section: CURRENT ESTIMATES OF PROTECTED LAND, PAGES 6-62 through 6-65. Chapter 9 - TRANSPORTATION ELEMENT As you know, a revised section for the transportation element was presented to the BOCC at the last Comprehensive Plan work session on October 14. Most of that plan is included in the material for November 6, as it was written, but a couple of sections have been changed. They should be restored to the original or similar language as presented on October 14. That 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 11th 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. A motion was made by Chair Jacobs, seconded by Commissioner Foushee to send an explanatory letter to all customers and schedule a public hearing on the proposed rate schedule on November 241h VOTE: UNANIMOUS d. Legal Advertisement for Quarterly Public Hearing — November 24, 2008 The Board considered the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 24, 2008. Planning Director Craig Benedict made reference to the light blue attachment, which is a revision to item 4, Rezoning. There is now more specificity about what parcels are included in the rezoning. He reviewed what was on the legal advertisement. Commissioner Gordon suggested not doing the non-public hearing items and just adding the Efland sewer rate. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to approve the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 24, 2008 and also add the new rate schedule for the Efland Sewer System as a public hearing item, and refer the non—public hearing items to the Planning Board to bring back to the Quarterly Public Hearing in February. VOTE: UNANIMOUS Commissioner Gordon added that there be a report to the Commissioners at the same time a report is given to the Planning Board. 7. Reports-NONE 8. Board Comments — held earlier in the meeting 9. County Manager's Report— held earlier in the meeting 10. Appointments a. Chapel Hill/Orange County Visitors Bureau — New Appointments The Board considered making new appointments to the Chapel Hill/Orange County Visitors Bureau. Chair Jacobs questioned the residency of Jim Parker and said that he lived in Durham. Clerk to the Board Donna Baker pointed out that in the BOCC's Volunteer Resolution that it mentions that residency does not apply to volunteers serving because of a requirement that a particular type of professional individual be represented (even though this was in part related to individuals wanting to serve on more than 2 boards), if recruitment efforts have failed to locate other qualified persons. Chair Jacobs asked that the Clerk send the County Commissioners this information tomorrow and they can decide at the Chair/Vice Chair meeting if they want to add Mr. Parker's appointment to the next agenda or ask for a new nomination from the Hillsborough Chamber of Commerce. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Greg Overbeck to the Chapel Hill/Orange County Visitors Bureau, representing the Chapel Hill/Carrboro Chamber of Commerce, to a term expiring December 31, 2011. VOTE: UNANIMOUS 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