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HomeMy WebLinkAboutMinutes - 20071023APPROVED 12/3/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 23, 2007 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 23, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordon, Barry Jacobs, and Mike Nelson COUNTY COMMISSIONER ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda The pink sheet is for item 6-a. The aqua sheet is the regular report on the water levels. The orange sheet is a resolution supporting water conservation by all Orange County citizens. This item was added as agenda item 3-c. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. a. Matters not on the Printed Agenda None Public Comments 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. Orange County Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Orange County Arts Grants. Martha Shannon said that the Orange County Artist Guild annual open studio tour is the first two weekends in November. This year it is November 3-4 and November 10-11. Also, on November 13th, Orange County will be hosting the Public Art Administrator's Roundtable for the State Arts Council in Hillsborough. The topic for that meeting is "Public Art in Small Towns" ,i and "Public Art in Public Schools". Also, on November 16th, there will be an event at the Carrboro ArtsCenter entitled, "Barter Your Art to Save Big Bucks and Boost Sales." This year there were 39 applications for grants, requesting over $50,000. There are 26 grant awards, totaling $36,130 from the State Arts Council Grassroots Arts Program, and $4,500 in County money. Chair Carey read the list of recipients. OCAC Spring, 2007 Grant Recipients: A.L. Stanback Middle School - Janice Wereszczak ArtsCenter - Jon Wilner Arts Advocates, Inc. - Mary Harley Kruter Carolina Outreach Foundation - Bob Funck Carrboro, Town of/Carrboro Film Festival - Joy Presler Carrboro, Town of/Carrboro Music Festival - not available tonight Chapel Hill-Carrboro Public School Foundation - Kim Hoke Carolina Culture Zone - Lizzie Newton Deep Dish Theater - not available tonight EI Centro Latino - Ben Balderas Estes Hills Elementary School PTA - Beverly Tyndall Grady A. Brown Elementary School Cultural Arts Enrichment Committee -Janice Wereszczak ,i Hidden Voices - Hillsborough Arts Council - Sonia Katchian - Cornelia Kip Lee - Lynden Harris Carol Laing not available tonight Cornelia Kip Lee McDougle Middle School PTA Cultural Enrichment Committee -not available tonight Music Maker Relief Foundation - Amy Nolan Weaver NC Arts in Action - Not Available tonight Orange County Artists Guild - Mary Harley Kruter Peoples Channel - Chad Johnston PlayMakers Repertory Company - not available tonight Scroggs Elementary School - Sheila Fleming Sonja Haynes Stone Center for Black Culture & History - Lotticia Mack Transactors Improv Company - not available tonight b. Consideration of the DRAFT Social Justice Goal The Board received the Orange County Human Relations Commissioner's recommendations regarding a proposed Orange County Social Justice Goal. Human Rights and Relations Director Shoshanna Smith said that she is proud of the Human Relations Commission. She introduced Human Relations Commission Chair Bill Hendrickson, Co-Chair Vivette Jeffries-Logan, and members of the original Social Justice Goal Subcommittee Bryant Colson and Josephine Harris. Bill Hendrickson said that the County Commissioners have all received the 59-page report. He asked members of the HRC to introduce themselves. He said that the HRC would like to have a joint work session with the Board of County Commissioners in the near future about the social justice goal. He said that James Spivey and former Director Milan Pham did a lot on the initiatives. He read from the Memo of Transmittal in the report, which is incorporated by reference. He said that the National Association of Counties was unable to find any county in the entire United States that had adopted a social justice goal. He said that this document was not only from the HRC or the Human Rights and Relations Department, but it has input from many sources within the County, which gives it relevance. Vivette Jeffries-Logan gave a definition of social justice: Social Justice is the belief that every individual and group is entitled to fair and equal rights and full participation in social, educational, and economic opportunities concurrently. Another important component of social justice includes defining and understanding oppression, inequality and inequity, and the implementation of action-based solutions to ameliorate, overcome, and eradicate oppression, ,i inequity, and inequality. True social justice cannot be imposed upon any group from on high. Rather, the process must be a collaborative effort of all people who are subject to it. For this reason, the HRC chose to go to great lengths to solicit input on social justice from all segments of the Orange County community. Communities are dynamic, and any social justice goal must evolve to continue to reflect the community it represents. The Board of County Commissioners must take the community feedback provided and find a way to prioritize and synthesize this information into a concise set of objectives for the HRC to pursue. She said that this document is a beginning and not an end. Bryant Colson thanked the Board of County Commissioners for the opportunity to work with the other HRC members and staff on this endeavor. He said that the primary tool to solicit input from citizens was "Pennies in a Jar", where each individual got $13, which represented tax dollars, to designate to six areas of social justice -elimination of oppression, civic participation, environmental justice, physically and mentally safe communities, economic self- sufficiency, and other. The information received from the constituency was diverse and interesting and is summarized on page 19 in the document. He said that the input was very informative. Josephine Harris said that the HRC members and HRR staff were able to go into the County to solicit information and input. There were public listening sessions throughout the County, and the staff and members went to food distribution sites, senior centers, fairs and festivals, etc. The County Commissioners commended everyone for the work done on this document. PUBLIC COMMENT: Rev. Robert Campbell said that in order to have social justice, one must be a part of the process. He said that he heard that great effort had been made to get participation, but he does not see social justice for the Rogers Road/Eubanks Road neighborhood. He said that no one in his neighborhood was contacted about this situation. He said that there should be an element or criteria for environmental racism, because it is not the same as environmental injustice. He said that there should be participation from his neighborhood for this work on social justice. Chair Carey said that Rev. Campbell's comments show how complex this matter is. He said that no one was excluded in this process, and he is sure that steps were taken to go to communities that are not usually sought out for information. He thinks that there are people in the County who may not be aware of this process since it has been going on for so long. Commissioner Foushee echoed Chair Carey's comments. She said that the County Commissioners need to find time to meet with the HRC sooner rather than later. She said that the striking overall sentiment of the document was that Orange County wants to create a just society. In that creation, Orange County needs to determine what is just to all of its citizens. She wants to meet with the HRC as soon as possible. c. Resolution Supporting Water Conservation by all Orange County citizens. Insert Environment and Resource Conservation Director Dave Stancil said that the resolution would address water conservation on multiple levels in Orange County. Currently, Orange County is in an exceptional drought, which is the highest of five categories that the U. S. Drought Monitor has for degrees of drought. The forecast is that the drought will persist into 2008, and the Governor urges water conservation throughout the State. The resolution speaks to both citizens of the public water supplies and those who are on private wells. ,i Dave Stancil read the resolution. RESOLUTION SUPPORTING WATER CONSERVATION BY ALL ORANGE COUNTY CITIZENS WHEREAS, portions of the southeastern United States are currently in the midst of an "exceptional drought," as classified by the U.S. Drought Monitor, as collaborative effort of the National Oceanic and Atmospheric Administration (NOAA), US Department of Agriculture and other federal agencies, and WHEREAS, Orange County and much of North Carolina is within this identified area of exceptional drought, which is affecting drinking water supplies and agricultural operations, among others, and WHEREAS, water restrictions are now in place in many communities -including the OWASA service area, where Stage 2 water shortage restrictions have been instituted, and Hillsborough, which has just instituted Stage 1 restrictions, and WHEREAS, precipitation forecasts currently project the drought to persist into at least early 2008, and WHEREAS, Governor Michael Easley has asked all North Carolina residents to observe water restrictions in their community and otherwise voluntarily conserve water, and has recently called fora 50% reduction in water use by the end of October, and WHEREAS, water conservation is important not only to citizens on public water supplies, but also to those on private individual wells - as lessening of water use conserves the amount of water in storage and lightens the hydraulic load on private septic systems: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners encourages all Orange County citizens to diligently observe water restrictions in the community which they reside. BE IT FURTHER RESOLVED that the Board also encourages all citizens not under water restrictions or on private wells to voluntarily conserve water, in keeping with the Governor's request. This, the 23rd day of October, 2007. Commissioner Jacobs said that staff was going to do a presentation for well users and he asked about the status of this. Dave Stancil said that this will happen on Thursday night. This will be a workshop at Orange Grove Volunteer Fire Department at 7:00 p.m. on Thursday night on dealing with the drought. There will be some very useful information for rural well users regarding how wells operate, etc. Commissioner Jacobs asked about hotels and motels and if there are signs out for tourists for minimal use of water. ,i Dave Stancil said that OWASA did include provisions for this in their ordinance, but he is not sure if this is still the case. Commissioner Jacobs asked that staff communicate with the water providers. Commissioner Jacobs said that he is relieved that Hillsborough has finally responded to water concerns. He said that Hillsborough has invested so much money in water infrastructure for development that it has to sell water in order to keep its rates at a certain level. He said that there is a glaring lack in the State of any recognition of the natural limits in having development proceed. All of the projections about population, growth patterns, transportation needs seem to be done in a total vacuum as far as land use planning, sprawl, using up the environment, etc. He said that there is also a lack of coordination at the State level regarding the interconnection between pipes and in thinking. He said that there should be regional water planning. Commissioner Gordon said that she gets water from a well and she thinks it is important for users like her to get education on the use of their wells during a drought situation. She said that once the Water Coordinator comes on board as staff, then this person can help guide the County on ground water and surface water issues. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the Resolution Supporting Water Conservation by all Orange County citizens. VOTE: UNANIMOUS 4. Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for September 19, 20 and 28, 2007 as submitted by the Clerk to the Board. b. Appointments -None c. Applications for Property Tax Exemption The Board approved six (6) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year. d. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to ten (10) requests for property tax release in accordance with N.C. General Statute 105-381. e. Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to three (3) requests for property tax refund in accordance with N.C. General Statute 105-381. f. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 42 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. g_ Amendment to the Agreement for the Feasibility Study for the Regional Value-Added Shared Use Food Processing Center The Board amended the agreement for services related to the Regional Value Added Shared Use Processing Center Feasibility Study to establish a new completion date of November 30, 2007 and authorized the Chair to sign. h. First Baptist and Manley Estates Senior Housing Funding Request ,i This item was removed and placed at the end of the consent agenda for separate consideration. i. Fiscal Year 2007-08 Budget Amendment #3 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2007-08 for Department of Social Services, Department on Aging, Health Department, Recreation and Park Department, Arts Commission, Conservation Easements Capital Project Ordinance, Orange County Schools Capital Project Ordinances, Planning Department, and Cooperative Extension Department; and suspended the County's $250 per day park rental fee. L Proposal to Participate in the NACo Prescription Drug Card Program The Board approved the contract to implement the NACo Prescription Discount Card Program, authorized the Chair to sign the contract after County Attorney review, and designated the Social Services Director as the contact person for the contract. k. Amendment to Contract with Arcadia Health Services, Inc. to Provide In-Home Aide Services to Eligible Adults The Board approved the contract with Arcadia Health Services, Inc. for In-Home Aide Services to eligible adults and authorized the Chair to sign. I. Replacement/Upgrade of 9-1-1 Dispatch Computers The Board authorized the Purchasing Director to purchase replacement 9-1-1 Dispatch Computers and upgrades for the Computer Aided Dispatch software used in the 9-1-1 Center, and to execute the necessary paperwork. m. Amendments to the Soil Erosion and Sedimentation Control Ordinance The Board approved proposed amendments to the Soil Erosion and Sedimentation Control Ordinance presented at the May 21, 2007 Quarterly Public Hearing. n. Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin The Board approved required amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction Offset payment calculation presented at the May 21, 2007 Quarterly Public Hearing. o. Approval of the Contract with The Archer Group to Complete a Pay, Classification and Benefits Study This item was removed and placed at the end of the consent agenda for separate consideration. ~ Change in BOCC Regular Meeting Schedule for 2007 The Board amended its regular meeting calendar by changing the Quarterly Public Hearing, scheduled for Monday, November 19, 2007 at 7:30 at the F. Gordon Battle Courtroom in Hillsborough to a BOCC Work Session, at 7:30 p.m. to be held at the Link Government Services Center, 200 South Cameron Street, in Hillsborough, NC. (Preceded by a 5:30 p.m. dinner meeting/work session with the Economic Development Commission, at the Link Government Services Center). ~ Authorization for Purchasing Director to Exceed Signature Authorization for Emergency Work on Elevator at Whitted Building 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: h. First Baptist and Manley Estates Senior Housing Funding Request ,i The Board considered approving funding up to $85,000 for the expansion of the parking lot serving the First Baptist and Manley Estates Senior Apartment Complex in Chapel Hill with staff recommended requirements. PUBLIC COMMENT: Rev. Manley thanked the County Commissioners for the opportunity to speak. He also thanked the County Commissioners for helping him years ago with a vision and hope and he said that this facility would not be in existence without the Board of County Commissioners and others in the community. He said that they wanted a good facility and a good management team and this facility is one of the best in the state. He said that they recognized then and also now that corners were cut, and one area was the parking lot. He said that people come to Chapel Hill from all over the country to see this facility, and because of this, more parking facilities are needed. He asked the County Commissioners to consider this request favorably. Chair Carey asked who this facility serves and Rev. Manley said that this organization is a 501(c) 3 organization, and there are 41 units. This facility serves ages 62 and above. He said that there is no discrimination and the person that pays the lowest amount pays only $5/month. This organization has operated in the black from the very beginning. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve up to $85,000 in Community Development Program Income funds for the expansion of the parking lot serving the First Baptist and Manley Estates Senior Apartment Complex in Chapel Hill with the staff recommended requirements. VOTE: UNANIMOUS o. Approval of the Contract with The Archer Group to Complete a Pay, Classification and Benefits Study The Board considered approving a contract with The Archer Group to complete a Pay, Classification and Benefits Study and authorizing the Manager to sign subject to final review and approval by the County Attorney. Commissioner Gordon asked Human Resources Director Michael McGinnis to include in this study information about equity with respect to gender and minority status. Michael McGinnis said that it is built into the study. Commissioner Jacobs asked if this should be made explicit and Laura Blackmon said that is one of the questions that was asked of the firms that were interviewed. She thinks that it is pretty well understood, but if the Board wants to emphasize this, then it can be. The Board agreed to emphasize this. Commissioner Jacobs pointed out page 11 of the Social Justice Goal report and said that it discusses an equity study that addresses issues of gender and race. He wants to put some of this into effect at the very first opportunity. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the contract for services and the fee schedule with The Archer Group to complete a Pay, Classification, and Benefits Study for Orange County, and authorize the Manager to sign the contract subject to final review and approval by the County Attorney, with the proviso that it be made explicit that the Board wants the study to include equity in pay, classification, and benefits with respect to gender and minority status. VOTE: UNANIMOUS ~ Authorization for Purchasing Director to Exceed Signature Authorization for Emergency Work on Elevator at Whitted Building ,i The Board considered authorizing the Purchasing Director to issue purchase orders not to exceed $60,000 in order to expedite the repair/refurbishment of an elevator at the Richard E. Whitted Center. Commissioner Jacobs said that he does not have a problem with a new elevator, but he does have a problem with repairing and refurbishing. He would like more information on the Whitted Building renovations of 2002. There were problems with the Library meeting room, which does not support weight; there were problems with the noise of the chiller; leaking doorways; crumbling vestibules; etc. He would like a report on all of this as a steward of the public's money. Wayne Fenton said that the elevator in question was installed in 1979. During the more recent renovations with the HVAC, there was some work done on the elevator for ADA requirements and for fire safety reasons. The work at this time on the elevator would be to replace all of the electrical components. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to authorize the Purchasing Director to issue purchase orders for the referenced work in an amount not to exceed $60,000. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Approval of Sanitary Sewer Easement Documents -Twin Creeks Site The Board considered approval of easements for sewer line construction across the Twin Creeks property to serve Chapel Hill-Carrboro City Schools (CHCCS) Elementary School #10, subject to final approval by the County Attorney. This item was revised (pink sheet). Dave Stancil explained the map. There will be a meeting with OWASA, CHCCS, and the engineer firm for the schools to talk about where the easement will best be located. This has been pulled out of the action for tonight pending this discussion (yellow line on map). The school system and the County have been in contact with the property owners in question, and the owners are poised to provide the easements. Commissioner Gordon asked about the location of the water line and Dave Stancil said that it comes from Old NC 86, down Eubanks Road, to the elementary school. Commissioner Jacobs asked if this was where the sewer line was originally envisioned and Dave Stancil said yes. He also asked if this was the general area where there was discussion about having a greenway and a walking connection and Dave Stancil said yes. He asked if there was an agreement with OWASA that this could be used for a greenway capability along the easement. Dave Stancil said that there are a number of OWASA easements that include greenways inside the towns, but there is not a provision within this easement document. It could be amended in the future. Commissioner Jacobs suggested that this be included before the easement is granted. He said that he remembers that Orange County has asked OWASA to change its policies so that Orange County would be reimbursed if others connect to the line. Dave Stancil said that OWASA has changed its policy related to reimbursement and it is not clear how quickly or how much reimbursement would be seen. A lot is dependent on future development activity. Commissioner Jacobs asked Geof Gledhill about the greenway access. Geof Gledhill said that the easement documents tonight do not address this, but if you grant a water and sewer easement, you do not grant all of the easement away and this can be used in consistency with what is being granted. He said that he could add this language to the ,i document. He said that the County has been working with the adjoining properties about cost sharing and there was disagreement as to who would prepare these documents and thus, it was not done until recently. The abstract had not really changed from the original except that the easement documents were added. He said that he would add the greenway use to the easement documents. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the easement documents for the extension of the water line, and for the sewer line from the southern boundary line of Twin Creeks to the new elementary school, subject to final review by the County Attorney, with the amendment for the deeds of easement for water and sewer for public greenway access be at the discretion of Orange County. VOTE: UNANIMOUS b. Land Trust Affordable Housing Maintenance Task Force The Board considered approving the creation of Land Trust Affordable Housing Maintenance Task Force and appointing a member of the Board of County Commissioners and the Chair of the Affordable Housing Advisory Board to the Task Force. Housing and Community Development Director Tara Fikes said that at the March 29, 2007 Assembly of Governments meeting, those present heard a presentation from Executive Director of the Orange Community Housing Land Trust Robert Dowling discussing the challenges that this organization faces with long-term maintenance of land trust properties, etc. At the September 20th AOG meeting, it was suggested that a task force be formed to discuss the capital needs of the organization. There was also a request to include in the task force discussion the capital needs stemming from the Orange County Ten-Year Plan to End Homelessness. The detailed proposal was attached to the abstract. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve the creation of the Land Trust Affordable Housing Maintenance Task Force, appoint Commissioner Foushee as the Board of County Commissioners' appointee, and appoint the Chair of the Affordable Housing Advisory Board to the Task Force. VOTE: UNANIMOUS c. Hillsborough Train Stop Citizens Group The Board considered a citizens group request to pursue a passenger rail service for Hillsborough, and to authorize Planning staff to work with the Town of Hillsborough and residents to further investigate all issues related to establishing a train stop in Hillsborough. Transportation Planner Karen Lincoln summarized this item. She made reference to local newspaper articles and the enthusiasm for establishing a train stop in Hillsborough. The current request is to obtain an Amtrak train stop in Hillsborough, but the long-term goal is to attract the type of development needed for future TTA regional rail service. The first order of business is to gain support of the local governing bodies, the community, and businesses. The Hillsborough Town Board has authorized its staff to make contact with other agencies to determine interest. The Carrboro Board of Aldermen has endorsed a petition asking the State for an unstaffed temporary rail stop in Hillsborough by September 2009, and to support the designation of a site for a permanent station. The staff is asking the Board to authorize staff to assist citizens in pursuing this endeavor. PUBLIC COMMENT: James Carnahan is a resident of Carrboro and is here on behalf of The Village Project. When The Village Project learned that citizens in Hillsborough were beginning this activity, they decided to make this campaign part of the annual International Car Free Day observance. In ,i addition, The Village Project prepared a resolution, which Carrboro has adopted. Subsequently, on September 24th, it was presented to the Chapel Hill Town Council and it was referred to staff. It will be coming back to the Chapel Hill Town Council for consideration on November 19th. He read the resolution as presented by The Village Project. Resolution Supporting an Amtrak Stop in the Town of Hillsborough, NC WHEREAS Orange County currently has four Amtrak passenger trains pass through Hillsborough each day, with none of those trains stopping to pick up or drop off passengers, and WHEREAS Orange County municipal governments have made significant commitments to non-automobile transportation above and beyond other North Carolina cities, towns and counties by supporting fare-free public transportation, sidewalk construction bonds, greenways and bike facilities, and WHEREAS Orange County residents receive the inconveniences of this train service such as noise and intermittently stopped traffic at grade crossings, while receiving none of the numerous benefits, and WHEREAS over 300 Hillsborough and Orange County citizens have recently signed a petition in support of putting a rail station in Hillsborough, from which they would like to travel to New York, Washington, DC, Charlotte, Greensboro and other destinations, and WHEREAS AMTRAK and the State of NC are making continuous improvements on this line that make it faster, more reliable and even more cost competitive with car travel with goals to increase ridership, and WHEREAS Hillsborough has just received a designation as a Cool City for its commitment to reducing greenhouse gas production, and WHEREAS, Orange County, the Towns of Chapel Hill and Carrboro, and UNC have committed to a 60% reduction in carbon emissions which are largely automobile exhaust-related locally and train travel can help reduce automobile travel, and WHEREAS, The President of the United States recently announced a national goal to cut U.S. gasoline consumption by 20 percent over the next ten years; THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners strongly urges Governor Easley, NCDOT and Amtrak to: • Establish an un-staffed temporary rail stop in Hillsborough to be served by all trains passing through Hillsborough by September 2009 • Support the designation of a site for a permanent train station in Hillsborough that could be served by intercity passenger rail trains and any potential commuter or regional rail services that may develop in the Triangle in the future • Identify and reserve state funds to move both of these projects forward, assuming matching local public and/or private contributions are identified. ,i Commissioner Jacobs asked where in Hillsborough this would be and Karen Lincoln said that a location has not been determined. Commissioner Jacobs asked if there was a site reserved at Hampton Pointe for a possible train station and Karen Lincoln said that one acre was reserved, but it would not be big enough. Craig Benedict said that part of the feasibility analysis would include the size of a site. There could be multiple designations that could be preserved to be determined at a later date. Commissioner Nelson said that this should be done. He made reference to having a bus link between Chapel Hill and Hillsborough, and said that the facility should be designed in such a way that the bus link and the train link connect so that there is a transportation network. Commissioner Gordon said that this is a good idea. She said that, as part of the process, this issue should be discussed by the Special Transit Advisory Commission. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to authorize staff participation to research establishment of a Hillsborough train stop. VOTE: UNANIMOUS d. Potential Actions Regarding Petitions for Addition of Subdivision Roads to the State Maintained System The Board considered a policy to govern Board of County Commissioners recommendations regarding Petitions for Addition of Subdivision Roads to the State Maintained System and authorizing the Orange Unified Transportation Board (OUTBoard) to develop a transportation plan to map desired connectivity between public roads. Karen Lincoln said that the normal process is that when a public road has enough residences occupied to meet NCDOT density requirements, the residents will petition the district office to add the road to the State maintained system. Recently, petitions have been received that were not actually platted as public roads through the subdivision process. The State statutes provide for citizens to petition the Board of County Commissioners to have the roads added to the State system and through the Board of County Commissioners to the DOT. The Board of County Commissioners is charged to receive petitions and then forward with recommendations to DOT. However, because some roads are not platted roads, and there is not a policy in how staff treats petitions, staff met with DOT representatives and discussed problems with these private roads becoming public. The district office has agreed for any petitions received, where the plat does not have an appropriate certificate where the County has accepted dedication of a public right-of-way, that the applicants will be forwarded to the County to discuss. Orange Unified Transportation Board (OUTBoard) has reviewed the issues with these subdivisions. The biggest issue is that these roads were not really planned as public roads and it runs counter to the County's policy for interconnectivity and a well developed and planned transportation network throughout the County as development takes place. The OUT Board recommendation is as follows: Background The County is seeing an increase in Petitions for Addition for roads that the County has not approved as public roads in the subdivision process. Staff processing of these petitions is often delayed because the Board of County Commissioners (BOCC) does not have a policy in place to ensure equitable treatment in the decision-making process with respect to the various circumstances under which the roads were originally created. Orange County's subdivision regulations (Section I-A Purpose) are designed: • to insure adequate planning of street systems; ,i • to avoid overcrowding of land, prevent fire, panic, and other dangers; • to insure that water and sewage systems be safe and adequate; • to prevent flood damage; • to facilitate an orderly use of land; • to insure the proper legal description and monumenting of subdivided land; and • to encourage the proper management of Orange County's natural resources. When land is divided and a road is built that is exempt from County regulatory authority, the roads may prevent development of an interconnected County road network. If those roads are subsequently accepted as public roads as part of the State Maintained System, further subdivision of land may proceed in piecemeal fashion, destroying the potential for well-planned development. OUTBoard Subcommittee A subcommittee of the Orange Unified Transportation Board (OUTBoard) reviewed issues concerning petitions for State maintenance of subdivision roads, and determined that the same issues exist regardless of the way in which the road came into being. The subcommittee recommended the same treatment for all petitions for addition of a subdivision road to the State Maintained System. When the BOCC approves a major subdivision in which the roads are proposed to be public roads, the Board has reviewed the subdivision's street system, and intends for those roads to become NCDOT maintained roads. Therefore, the BOCC would recommend that the North Carolina Board of Transportation approve such petitions for addition of roads to the State Maintained System. In all other cases, when the BOCC receives Petitions for Addition for roads that the County has not approved as public roads through the subdivision process, the petitions should be referred to the OUTBoard for review. Examples of such roads are subdivision roads platted/created in one of the following ways: • Developments in which all lots are greater than 10 acres that are exempt from local subdivision regulation per N.C. State Statute §153A-335; • Major subdivisions approved with private roads; • Minor subdivisions; • Subdivisions platted prior to October 1, 1975. The OUTBoard would consider whether the subject subdivision is in a location where the County desires future connectivity between developments or existing public roads, or where there is potential to provide connectivity between existing developments. OUTBoard Recommendation If the OUTBoard determines that the County desires road connectivity, the OUTBoard would recommend that the BOCC endorse the petition(s) for approval by the North Carolina Board of Transportation (NCBOT) if the petitioners submit a plat for recordation showing: 1. Right-of-way extended to allow connectivity; 2. Irons have been set at the edge of right-of-way to mark the "new" corners of the lots; ,i 3. Appropriate certificates of dedication of the right-of-way and acceptance of the public right- of-way signed by the appropriate entities. For all other circumstances, the OUTBoard would recommend that the BOCC not endorse the petition(s) for addition of subdivision roads for approval by the NCBOT. Impact on County Regulations To enhance awareness of these regulations, for both developers and buyers in subdivisions with private roads, The OUT Board proposes that the policy be included in the Orange County Subdivision Regulations so that all parties are aware of the County's position and requirements for development of the public road network. The OUTBoard also recommends that the County develop a transportation plan that maps proposed connectivity between public roads. Commissioner Jacobs said that there has been a fairly consistent policy by the Board of County Commissioners and NCDOT on these roads. He asked Geof Gledhill about developments in which all lots are greater than ten acres, and as part of approving a road in an exempt subdivision for public dedication and maintenance, if the Board of County Commissioners could require that subsequent development in that subdivision voluntarily become subject to County subdivision regulation, otherwise the Board would not recommend that it be maintained as a public road. Geof Gledhill said that rarely does the Board ever see subdivisions with lots all greater than ten acres where there is a public road. These subdivisions are exempt from the County's subdivision regulations and typically do not include public roads. This exemption allows these subdivisions with lots all greater than ten acres only when there is no public road. Commissioner Jacobs asked for further clarification and Geof Gledhill said that the Board of County Commissioners' recommendation does not bind DOT with respect to whether or not the State takes over a road that is built to its standards for maintenance purposes. Secondly, what this is saying is that if a group of people who live in a subdivision with lots all greater than ten acres decide to improve their road and make a public dedication of a right-of- way for DOT, in order to get that road on the DOT system, then it would come to the Board for the purpose of recommending or not that the road be taken onto the State system for maintenance purposes. To get the recommendation from the County, the Board can ask the residents to do anything it wants. This is out of the regulatory process. Commissioner Jacobs said that he is going to ask that the Board consider specifically including that if an exempt subdivision wants to have its road accepted into the North Carolina Road System for maintenance as a public road, that it would be required to voluntarily submit itself to the County's subdivision regulations in the future. He would like to be explicit about this. Commissioner Jacobs said that he has a concern about the transportation plan/map. He does not think that this is the appropriate place to discuss this without the Planning Board. Karen Lincoln said that this would be in connection with the Comprehensive Transportation Plan, which will involve other boards. Commissioner Jacobs wants to be explicit that it is a joint effort so that it is in a context. It should also say that it is part of the Comprehensive Land Use Plan Update process. Commissioner Gordon asked Geof Gledhill if he had reviewed this policy and Geof Gledhill said yes and that he has no legal concerns about the policy, but he has a question about whether or not it makes sense incorporating this into the subdivision regulations. He said that there is no point in incorporating the policy with respect to later construction and ,i maintenance of roads for exempt subdivisions into a regulation that exempts them. This is a technical issue and he will work with the Planning staff. It will either be brought back as a freestanding ordinance or as a formal policy for the Board. Commissioner Gordon said that she detects that there are concerns by the County Attorney and the County Commissioners. Chair Carey said that the language needs to come back to the Board of County Commissioners before going to the Planning Board. Commissioner Gordon suggested that staff work with the OUTBoard to address the concerns. Karen Lincoln said that the recommendation was that language would be prepared and that it would go through the Ordinance Review Committee of the Planning Board and staff can keep the OUTBoard up to date on this. Commissioner Gordon said that it seems that the outline of the policy is acceptable but the question of how to incorporate it in Orange County rules is ambiguous. Planning Director Craig Benedict said that, as with any process to amend regulations, it is a deliberate process with the County Attorney's office. He said that staff is looking for direction tonight. This would have to go to the Ordinance Review Committee and a public hearing process. Geof Gledhill said that, in the meantime, the Board of County Commissioners could act ad hoc if one of these items comes before the Board. The recommendation to NCDOT could incorporate these notions. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to endorse the recommended policy proposed by the Orange Unified Transportation Board; direct staff to prepare language for review by the Planning Board to amend the Orange County Subdivision Regulations to incorporate the policy; and authorize the Orange Unified Transportation Board to develop a transportation plan to map desired connectivity between public roads; with the proviso added by Commissioner Jacobs, which is that the transportation plan would be in concert with the Planning Board and the Comprehensive Land Use Plan Update. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to pursue the concept of recommending that, for a road in an exempt lot subdivision to be recommended for acceptance into the State system, such subdivision agree to voluntarily submit to Orange County Subdivision Regulations. VOTE: UNANIMOUS e. Resolution Endorsing Comments to the DCHC MPO TAC Regarding the Regional Priority List for the 2009-2015 MTIP The Board considered a resolution endorsing comments to the Durham-Chapel Hill- Carrboro (DCHC) Metropolitan Planning Organization (MPO) Transportation Advisory Committee (TAC) regarding the Draft DCHC MPO Regional Priority List for the 2009-2015 Metropolitan Transportation Improvement Program (MTIP). Karen Lincoln summarized this item. Last June, the Board of County Commissioners endorsed a priority list to submit to the regional planning agencies. The MPO federal requirements are that the planning process addresses certain aspects. To do that, the MPO has developed a ranking methodology to try and prepare all local jurisdictions' projects as to how they comply with the criteria. The process is a work in progress. This year, the priority list was separated by mode. The Transportation Advisory Committee had a public hearing on October 10th. Once the local governments have submitted comments, the Technical ,i Coordinating Committee will prepare a recommended regional priority list. This is anticipated to be presented to the TAC in November for adoption, and will then be forwarded to the NCDOT. The OUTBoard reviewed the list and would like for Orange County's #1 priority to be higher on the regional list. The OUTBoard has other recommendations which are incorporated in the resolution. Commissioner Jacobs made reference to page 26 and asked if these were Orange County's transportation priorities. Karen Lincoln said yes. Commissioner Jacobs said that on page 1, it has Elizabeth Brady Road Extension as #2, but on 26 it does not appear at all. Karen Lincoln said that there was an error in the abstract. Homestead Road improvements should be Orange County's #2 priority. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to approve a resolution endorsing comments to the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization (MPO) Transportation Advisory Committee (TAC) regarding the Draft DCHC MPO Regional Priority List for the 2009-2015 Metropolitan Transportation Improvement Program (MTIP). A RESOLUTION TO SUBMIT COMMENTS TO THE TRANSPORTATION ADVISORY COMMITTEE (TAC) OF THE DURHAM-CHAPEL HILL-CARRBORO (DCHC) MEROPOLITAN PLANNING ORGANIZATION (MPO) CONCERNING ORANGE COUNTY'S TRANSPORTATION PRIORITIES FOR THE REGIONAL PRIORITY LIST FOR THE 2009- 2015 TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, the North Carolina Board of Transportation, every two years, prepares a Transportation Improvement Program (TIP) that identifies transportation projects scheduled for State and Federal funding over the next seven years; and WHEREAS, the North Carolina Board of Transportation solicits input for identifying transportation projects of local and regional importance to be included in the FY 2009-2015 Transportation Improvement Program; and WHEREAS, the TAC of the DCHC MPO has adopted, in compliance with federal requirements, a methodology for ranking TIP projects based on local and metropolitan goals addressing mobility, environment and air quality; and WHEREAS, Orange County has submitted to the DCHC MPO a prioritized list of transportation projects representing transportation needs in the County; and WHEREAS, the quantitative ranking methodology for bicycle and pedestrian projects does not adequately address the importance of connectivity between longer distance destinations, such as between municipalities, nor does the ranking methodology take into consideration connectivity of bicycle projects that would provide connections between other planned bicycle facilities; and WHEREAS, the quantitative ranking methodology cannot adequately represent the importance of the priority established by local jurisdictions for all proposed projects for the 2009-2015 TIP; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board is concerned that the methodology used to rank local projects, specifically that used ,i for ranking bicycle and pedestrian projects, does not accurately reflect the importance of all connectivity issues, and staff should revise future quantitative priority ranking methodology to better address how criteria points are awarded for connectivity. BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that Orange County's projects in the Regional Priority List should reflect the priority of those projects in the local priority list. VOTE: UNANIMOUS 7. Reports a. Energy Conservation Update The Board received updates on the Employee Energy Conservation Fair, scheduled for November 2, 2007, and information on energy usage at several County buildings. Assistant Public Works Director Wayne Fenton summarized this update in a report from the team which is given below: ORANGE COUNTY ENERGY CONSERVATION TEAM Energy Task Group In August 2005, former County Manager John Link and former Commissioner Halkiotis called a meeting of select department heads to discuss the need for energy conservation in Orange County government, and an approach to make it happen. This group received the informal name of the Energy Task Group. The group met intermittently during 2005 and 2006. Conservation Policies Conservation Policies for water, energy and fuel (gasoline and diesel) were adopted by the board of County Commissioners in December 2005. Copies are posted on the intranet at (http://server1.co.orange.nc.us/Energy/Epolicies.asp) Memos in support of these activities were distributed to department heads and County employees in February 2006. Energy Conservation Team The Energy Conservation Team was established in February 2006. Team members work five hours per week in addition to their normal work week. The mission of the Energy Conservation Team is to promote and encourage energy conservation by County and court system employees and to assist in identifying options for energy conserving infrastructure. Employee Education/Outreach Employee Presentations Since its inception, the Energy Conservation Team has made presentations to all new employee orientation meetings, and to several department head meetings, employee consortium meetings, and Environmental Stewardship Action Committee meetings. Intranet The team developed a suite of web pages on the County's intranet site to provide information about conservation activities undertaken by the County as well as links to external sites providing conservation tips and "how-to" information (http://server1.co.orange.nc.us/Energy/index.asp). An energy telephone hotline has also been established for employees to report problems or pose questions. To date, this line has not been extensively used, but will be promoted at and following the Energy Conservation Fair. ,i Employee Profiles The Energy Conservation Team has produced several articles promoting energy conservation for inclusion in the Orange Alive newsletter. The team has also developed, and continues to develop, brief County and court system employee profiles for the Orange Alive newsletter. These profiles present a brief introduction of employees who are committed to energy conservation in their work and/or home environments. Computer Monitoring Through a cooperative effort with the IT department, information is available on computers left on nights and weekends. A report is run to identify machines that are routinely left on. The team communicates this information with users and/or supervisors as needed. This process requires periodic updating as new PCs with new OC (Orange County) identification numbers are put into service. The goal of this ongoing project was to be able to identify and contact computer users who were leaving machines on unnecessarily. This process revealed that a number of PCs throughout the County remain on after hours due to departmental service delivery and reporting procedures with the state. However, there were a number of users contacted who were able to shut down their machines and have begun doing so on a regular basis. Employee Energy Conservation Fair A major initiative of the Energy Conservation Team has been the development of an employee energy conservation fair for County, court system and Town of Hillsborough employees. The first annual energy conservation fair will be held on November 2, 2007 at the Moose Lodge in Hillsborough. The energy conservation fair will provide an opportunity for vendors offering conservation products and services to present them to County, court system and Town of Hillsborough employees. Workshops are also being offered to provide more detailed learning opportunities. Approximately sixty potential exhibitors were invited, with approximately 15 having confirmed their intent to exhibit. In addition, approximately 5 have expressed their intent to donate funds in support of this event. The Energy Conservation Team has coordinated bus transportation from the Southern Human Services Center/Seymour Center, and from downtown Hillsborough buildings for this event and will also encourage carpooling for those who may not be able to take advantage of the buses. Light refreshments and door prizes will be provided. Recycling and composting services have been arranged through Orange Community Recycling. Board of County Commissioners Updates The Energy Conservation Team provided an update and draft Action Plan to the Board at their October 17, 2006 meeting. This report highlighted some of the work completed, in progress and planned by the Energy Conservation Team at that time. Energy Team Training/Professional Development The Energy Conservation Team members have expanded their own knowledge of energy conservation and alternative energy sources through formal and informal learning. Members have met with contractors for photovoltaics, radiant heating, and integrated solar roof collector panels to learn more about the feasibility and cost effectiveness of these and other technologies. ,i NC Cooperative Extension Team members have met with Orange County Cooperative Extension Horticultural Agent Mark Danieley, to examine opportunities for landscaping to provide shading of buildings to improve natural cooling. Other landscaping modifications that would result in less annual grounds maintenance are also being examined. These would have the benefit of reduced emissions from gasoline powered equipment and less annual labor time for grounds maintenance. A plan has been developed for the Court Street Annex building, and a draft plan is currently under development for the Richard Whitted Human Services Center with the assistance of the Orange County Master Gardener program. LED Lighting In the wake of an announcement by the City of Raleigh and Cree, Inc. to install exterior LED (light emitting diode) lighting, Team members conducted research into the feasibility and cost effectiveness of LED lighting, especially for outdoor applications. As a small first step to learn about LED lighting, two exterior LED flood lights were installed on the Historic Courthouse. It is hoped that further details will be available within the next few weeks. NC Sustainable Energy Conference A representative from the Conservation Team attended the 3rd and 4th annual NC Sustainable Energy Conferences that present educational sessions and opportunities to meet with vendors involved in energy conservation. GreenNC Tradeshow A team member attended the 3rd annual GreenNC tradeshow for the North Carolina commercial building industry in August 2007. Information was obtained regarding a number of green building and energy options. Team members have been in communication with representatives from Advanced Green Technologies about their thin film solar collection panels and will be meeting with representatives from the Wilmington area in coming weeks to learn more about opportunities and feasibility for County buildings. Green Design Workshop A team member also attended "Principles of Building Science" workshop - October 2007 at NC State regarding green design. NC GreenPower The Board of County Commissioners has expressed interest in learning more about NC GreenPower. Infrastructure Technical Assistance A team member conducted research and provided input for the bid specifications for the replacement windows at the Central Recreation building in order to ensure that a suitable product was obtained for this facility. Energy Use Calculations The team has developed a tool for calculating energy use and costs for electrical office products, both during normal operating hours and after hours. Use and costs during normal business hours assist in calculating savings resulting from product replacement (i.e., replacing T-12 fluorescent light tubes (34 watts per tube) with T-8 tubes (32 watts per tube). Use and costs after hours are used to ,i calculate energy use and cost if an item is left running evenings and/or weekends. Energy Conservation Planning Tool Recognizing that consultants, including architects and design engineers, etc. provide only the services for which they are contracted, and that each have their own area(s) of expertise, the Energy Conservation Team is developing an Energy Conservation Planning Tool to be used to ensure that key energy conserving building systems and technologies are assessed for feasibility for inclusion in renovation projects. The Planning Tool can be used to examine the feasibility of specific energy (i.e., geothermal, solar collectors) and other (i.e., rainwater collection) conservation options for County buildings. The tool is not being designed to determine the economic feasibility of options, only suitability for further consideration as part of a project. For example, during a roof replacement, the tool could be used to check off technical considerations for inclusion of solar collector panels (roof type, exposure, tree cover, etc.) Re-commissioning/Retro-commissioning Re-commissioining is identified by Energy Star as essentially the same process as commissioning but applied to existing building's HVAC, controls and electrical systems. When standardized maintenance and energy management procedures fail to fix chronic building problems, re-commissioning provides a systematic approach for discovering and solving them. The American Council for an Energy-Efficient Economy (ACEEE) describes Retro-commissioning as, "a systematic process for optimizing building performance." Both processes are concerned with optimizing the performance of existing buildings and systems, which typically contain older, less efficient equipment and systems. Public Works Department Energy Responsibilities Infrastructure The Public Works department is responsible for maintenance of most County buildings, including related infrastructure (HVAC systems, electrical systems, plumbing systems, etc.), as well as upgrades or improvements that are to be made. In the recent past, the following projects have been completed: • Replacement of original single-glazed windows at the Central Recreation building with new, energy efficient windows • Replacement of 500 watt quartz exterior lights at Northern Center with compact fluorescent bulbs • Replacement of approximately 1,200 T-12 fluorescent tubes with more efficient and brighter T-8 fluorescent fixtures and bulbs at the John Link Government Services Center, resulting in approximately $400 cost savings per year • Replacement of incandescent and interior and exterior lights with compact fluorescent bulbs at Efland Community Center • Installation of programmable thermostats at all compatible locations • Installation of water heater insulating blankets • Installation of timers on water heaters, where feasible • Adjustment of water heater thermostats to minimum allowable settings • Annual inspection of water heaters and thermostat settings ,i • Annual inspection of weather stripping and caulking on exterior doors and windows • Use of digital controls and energy management systems where available to control building temperatures and set backs, lighting, etc. • Installation of two outdoor LED flood lights for trial analysis (Historic Courthouse) Utilities and Data Management The Public Works department manages most utility accounts for County buildings and facilities (electricity, natural gas, propane, fuel oil and water/sewer). In addition to paying the monthly invoices, the department maintains a database of detailed information from each monthly invoice, including cost, usage, and days in billing period. These data serve as the basis for reports that are run to compare current energy usage (electricity and natural gas) with previous years' billings (baseline period). In order to allow "apples-to-apples" comparisons, data are also obtained for degree days for comparable time periods. Thus, while more actual energy may be consumed at a building this year, for example, it may be due to higher average temperatures. The use of degree days in the equation ensures that year-to-year comparisons are valid. Report ends here. Wayne Fenton said that the Employee Energy Conservation Fair will be held on November 2nd at the Moose Lodge in Hillsborough from 10:00 a.m. - 2:00 p.m. There are flyers and brochures about the event. Several vendors will be attending the event with their wares, and there will be several workshops scheduled where vendors will be presenting on energy conservation. Regarding the Energy Usage Report, in general, looking at 2006 compared to 2005, there have been some good reductions in energy use at most locations. Commissioner Nelson said that the energy reductions are good, but he would like them lower. He would like a 20-25% energy reduction in all buildings. Laura Blackmon introduced all members of the Energy Conservation Team. Chair Carey said that during budget discussions the Board discussed moving forward with the Energy Team, hiring someone to do this, or empowering the employees themselves to try and save energy. b. Agricultural Drought Situation The Board received a report on the preliminary effects of the drought on Orange County agricultural producers and efforts to assist farmers. Cooperative Extension Director Fletcher Barber and Karen McAdams made this presentation. Fletcher Barber said that the last extended time of no rain was in 2005. He thanked the County Commissioners for providing water-saving devices at that time. These will be made available to the public again. Karen McAdams, Livestock and Crops Agent with Cooperative Extension, said that she has been here since 1983 and this is by far the worst drought she has ever seen. She said that the farmers are having a really hard time. There was a dry spring and a freeze at Easter, which damaged some crops. There was poor corn, wheat, and soybean crops. The livestock producers have been particularly hard hit. She said that farmers have been feeding hay since July since there is no grass in the pastures. There are over 20 livestock farms that have run ,i out of water for their animals, and most are having to haul water in or move the cattle to other farms. There have been many educational efforts to help farmers minimize losses. She distributed a handout about these efforts and reviewed it. There are some federal agencies that offer some assistance. The Farm Service Agency offers assistance. There is a Crop Disaster program in effect, and signup is currently underway for that. Some farmers have federal crop insurance, and many will qualify for losses from that. There is also a program called Environmental Conservation Program, which will offer some monetary help to assist producers who have run out of water for livestock. The North Carolina Ag Cost-Share Program will have some funding for Orange County. The North Carolina Department of Agriculture has a Golden Hay Program, where it gives a little money to help offset cost of transporting hay within the state. There is also a Hay Alert Hotline that gives listings of where to look for hay. Orange County will be coordinating with other agricultural agencies to try and coordinate efforts. The educational efforts will continue. Regarding the future implications, there will be decreased net farm income and small farmers will be going out of business as well as some older farmers. She said that one of the glaring holes in assistance from the USDA is the Livestock Assistance Program, which has taken place in previous drought years. Commissioner Jacobs asked Karen McAdams to put together a draft letter for the Chair to send to Congressman David Price about the Livestock Assistance Program. He made reference to the Small Business Loan program and asked if this would help some of the small farmers. Karen McAdams said that it could possibly help. Commissioner Jacobs suggested that Karen McAdams get together with Assistant County Manager Willie Best, who is overseeing Economic Development, and see if there is an interest using the loan program. 8. Board Comments Commissioner Gordon said that she has a nephew that just returned from his third deployment in Iraq. He is a Marine helicopter pilot who flew casualty evacuation missions. Commissioner Gordon made reference to the Special Transit Advisory Commission and said that there would be an update to the joint MPO Transportation Advisory Committees on October 31St at the Airport Authority. This will only be an update. The final report is in January. The TAC meeting report is in the packet. Commissioner Gordon made reference to the Recreation and Parks Advisory Committee meeting, where the joint use of school facilities was discussed. This has been discussed for many years. Commissioner Nelson -none. Commissioner Jacobs made reference to the Whitted Building and said that if the Manager finds that the Board of County Commissioners was in error in cutting corners for the last renovations, he would like to know this. Commissioner Jacobs made reference to the follow up action sheet and said that he thought that by the end of October that there was supposed to be a presentation about the waste treatment center at the Northern Human Services Center. He asked about the status of this. Commissioner Jacobs said that he thinks that three of the County Commissioners thought that the Board did something different during the budget process regarding the Energy Conservation Team. He made a motion to direct the County Manager to come back to the Board no later than the second meeting in December with a proposal to create ahalf-time position with funds made available during the 2008 budget process to create a single position in the Manager's Office to be charged solely with spearheading the County's energy and water ,i conservation efforts with quarterly reports on progress to be provided to the Board of County Commissioners. Commissioner Nelson said that he remembers the Board discussing this, but he has a different recollection about a position. He said that he wants to look at this, but he does not think that he agreed with directing the Manager to create a position, but that the Board asked her to check into it. He does not feel comfortable directing the establishment of a position tonight. He would like a report to come back. Chair Carey said that he remembers having the discussion and increasing the amount of money for this. He said that almost all County Commissioners were uncomfortable with the progress. He said that the minutes did not reflect the Board taking any action. He said that the approach that Commissioner Nelson raised adds a different element that the Board should discuss all of these approaches before committing to a position. Commissioner Gordon said that all are supportive of this energy conservation initiative, but the Commissioners have not decided whether to create a new position. In terms of process, new positions should be part of the systematic budget process. Commissioner Jacobs said that he is trying to force this issue, and he would amend his motion to direct the Manager come back to the Board with a recommendation about how to do this, including the possibility of creating a position as outlined above, by the 2nd meeting in December. Commissioner Nelson seconded the amended motion. Commissioner Gordon said that it needs to go through the budget process. Laura Blackmon said that she understands that the Board wants to know the options, and if the option is to create a position, this would go through the budget process. Commissioner Jacobs said that it could, but the County already has the money in the budget, and the money was increased to make it the equivalent of a half-time position this fiscal year. The money is already available. Chair Carey said that he recalls that the money that was available was allocated to different people and it may be in other salaries now. The Manager will have to come back with a report on this. Commissioner Nelson clarified that the County Commissioners are all interested in doing things differently than the way that they have been done, there needs to be more discussion, and there is no commitment to a half-time position with this motion. VOTE: Ayes, 4; Nay, 1 (Commissioner Gordon -process issues) Commissioner Foushee commended the efforts of the Social Services Board and staff. One of the recommendations of the Childcare Task Force was to reduce the number of children waiting for subsidy. It is clear that this has been done according to the report. She said that she would like to see increased awareness of subsidies for children waiting for childcare in Orange County. Chair Carey encouraged staff to work with the Manager of Alamance County. He made reference to an article about the Alamance County Commissioners discussing an item related to trying to clearly reach agreement on the county line. Orange County has been trying to resolve this for the last ten years, and now Alamance County is raising it. 9. County Manager's Report Geof Gledhill made reference to the settlement in the case called "Christopher Road Realty, Inc. versus the Orange County Board of Adjustment." The copy of the consent order has been delivered to the Clerk to the Board, and the Open Meetings Law require that the settlement be reported to the Board and be part of the minutes. The Board of County ,i Commissioners authorized this settlement in closed session recently, and the settlement says that the property is located both in a watershed critical area and a watershed non-critical area of the Upper Eno Watershed. The settlement provides that the watershed critical lot size requirements will be adhered to in the development of this property and the impervious surface requirements for the watershed non-critical area will be adhered in the development of this property. Laura Blackmon said that Supervisor of Elections Barry Garner will be leaving Orange County. The Personnel Department has been working with the Board of Elections to fill this position quickly. Also, yesterday was the closing day for applications for the Financial Services Director. She said that she was going to give the Board the proposed CIP for review tonight, but this has been more difficult than she had thought. She said that she would have this information to the Board by November Stn 10. Appointments a. Advisory Board on Aging -New Appointments The Board considered making new appointments to the Advisory Board on Aging. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Ellen Ozier Hayes to Position #10, At-Large, with a term ending June 30, 2010; and Mariah McPherson to Position #4, Hillsborough, with a term ending June 30, 2009. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to appoint Katina Nichols to Position #1, At-Large, with a term ending June 30, 2008; and Kevin Leibel to Position #3, Chapel Hill, with a term ending June 30, 2010. A motion was made by Commissioner Gordon to appoint Frances Kovens to Position #3 and Margaret Matheis to Position #1. After further discussion, Commissioner Gordon agreed to vote for Commissioner Jacobs' motion. VOTE: UNANIMOUS b. Animal Services Advisory Board -New Appointment The Board considered making one new appointment to the Animal Services Advisory Board. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to appoint Rachel Beckham to Position #4, Town of Chapel Hill, with a term ending June 30, 2009; and Suzanne Roy to Position #11, Animal Advocacy, with a term ending June 30, 2008. VOTE: UNANIMOUS c. Human Services Advisory Commission -New Appointments The Board considered making new appointments to the Human Services Advisory Commission. A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to appoint Jerry Passmore to Position #3, Advisory Board on Aging; and Robin Barnhill to Position #14, Orange Congregations in Mission, with terms ending March 31, 2009. VOTE: UNANIMOUS The Board agreed that if someone from the Advisory Board on Aging, besides staff, would like to serve on the HSAC, that they could be brought forward for appointment at a later date. d. Orange County Planning Board -New Appointments ,i The Board considered making new appointments to the Orange County Planning Board. A motion was made by Commissioner Jacobs, to appoint Terri Buckner. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to appoint Roderick Jones to the at-large position. Commissioner Gordon pointed out that Terri Buckner is already on the OWASA Board. VOTE: UNANIMOUS (for Roderick Jones) e. Solid Waste Advisory Board -New Appointment The Board considered making one new appointment to the Solid Waste Advisory Board. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to appoint Fred Battle to a full term ending June 30, 2010. VOTE: UNANIMOUS 11. Information Items • Memorandum from Animal Services Director to County Manager Regarding the Final Report of Animal Services Advisory Board Task Force on "Keeping of Wild Animals" Ordinance • Memorandum from Planning Department Regarding Citizen Concerns with Churton Grove Planned Development 12. Closed Session Geof Gledhill presented an update to the items, with more detail, as required by the law. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to adjourn into closed session at 10:44 p.m. for the purpose of: Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board concerning the cases of Doug Robins and Chapel Hill Bituminous Concrete, Inc. vs. Town of Hillsborough, North Carolina and the Town of Hillsborough Board of Adjustment, et. al., Orange County Superior Court File Nos 07-CVS-1512 and 07-CVS-1513, and other matters." Pursuant to G.S. § 143-318.11(a)(5) "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of contracts to purchase and to lease real property, PIN 9870 77 6296, owned by Jacqueline Upperman, to be used for potential future expansion space for the Animal Services Facility and Landfill buffer space; And the terms of a contract to lease real property PIN 9864 80 7829, owned by Tri-Cor, Inc., to be used for office space for county operations." Pursuant to G.S. § 143-318.11(a)(4) "to discuss matters related to the location of a business in Orange County." VOTE: UNANIMOUS ,i A motion was made by Commissioner reconvene into regular session at 11:40 pm. VOTE: UNANIMOUS 13. Adjournment A motion was made by Commissioner adjourn the meeting at 11:45 p.m. VOTE: UNANIMOUS Jacobs, seconded by Commissioner Nelson to Jacobs, seconded by Commissioner Nelson to Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board ,i Orange County water supply reservoir water levels Available information as of 1:00 PM, Thursday, October 18, 2007 Lake Orange • Water level 83.5" below spilling. • Water storage capacity remaining is 42.1 % (199.7 million gallons) • Approximately 75 days of water supply remaining (at Capacity Use specified release rate) • Current Eno River flow at the Hillsborough gage is 2.2 cfs (1.42 mgd). This is approximately 0.5 cfs above minimum flow required by the Eno River Capacity Use Agreement, but well below the median flow for this time of year. • Stage 4 Eno River Capacity Use withdrawal restrictions have been in effect since September 28th. Stage 5 withdrawal restrictions go into effect when the water level reaches 89" below spilling. Given the current rate at which the water level is dropping and without the rainfall necessary to either raise water levels or slow the rate of subsidence, it is anticipated that Stage 5 restrictions will go into effect within the next 10 days. West Fork Reservoir (as of 10/12/07) • Water level is 60" below spilling • Water storage capacity remaining is 69.1 • Approximately 228 days of water supply remaining (assuming Town's current release rate (3.3 cfs, 2.13 mgd) and demand. • Since 9/11/07, the Town has been releasing a level of flow into the river sufficient to meet or exceed that which is required for its own use and its minimum instream flow release. • Hillsborough's water customers are not currently under any prohibitions or restrictions on water use. Hillsborough's water conservation ordinance calls for voluntary restrictions will go in place when remaining storage falls to 180 days of water supply. However, it is possible that the Hillsborough Board will call for voluntary restrictions before that time in answer to Governor Easley's call for statewide water conservation. OWASA Reservoirs • Water level at Cane Creek Reservoir is 117.8" below full • Water level at University Lake is 92.5" below full • Total remaining water storage capacity is approximately 51.5 • Approximately 175 days of water supply remaining (at current 30-day average daily demand [8.9 million gallons per day]) • On September 27, 2007 OWASA (followed by the local governments having jurisdiction over OWASA customers) declared a "Stage I Water Shortage", a mandatory regulation of uses of water considered extraneous which will be in effected until terminated. The OWASA Board of Directors has called a special meeting for Oct. 18th, at 7:00 PM to discuss declaring a "Stage II Water Shortage". Stage II provisions add additional restrictions to those of Stage I, including increased commodity surcharges to water use ,i in excess of specified flows (800 gallons per day residential, down from 1000 gallons per day residential), no spray irrigation except for those selling plants, only commercial vehicle washing operations where 50% of water is recycled. National Weather Service/NOAH Regional Precipitation data (inches above f+1 or below f-1 normal) RDU -3.63" since September 1, 2007 -9.23" since January 1, 2007 Piedmont-Triad -5.18" since September 1, 2007 -14.78" since January 1, 2007 Miscellaneous notes 1. The NC Drought Management Advisory Council drought map, updated October 16, 2007, shows that all of Orange County is within the area characterized as experiencing "exceptional drought" (the most severe drought condition used) in terms of climatic conditions. 2. Given that Orange Alamance's withdrawals are now averaging well below historical levels (and, we are advised, has withdrawn no water at all from the Eno for the past several weeks); Piedmont Minerals withdrawals are but a tiny fraction of its historical levels of withdrawal; and excess releases by Hillsborough, the water level at Lake Orange, though quite low, is well above historical expectations, given the current lack of rainfall..