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HomeMy WebLinkAboutMinutes - 09-05-2000APPROVED 4/17/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 5, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, September 5, 2000 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W. Brown, Stephen H. Halkiotis, and Barry Jacobs COUNTY COMMISSIONER ABSENT: Alice M. Gordon COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) Chair Carey asked for a moment of prayer for the passing of Commissioner Cordon's mother. 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Gordon had asked Chair Carey before she left to remove The Woodlands Preliminary Plan, the Pocket Park at the Skills Development Center, and the appointments to the Orange County Planning Board so that she could participate in the discussion. Commissioner Brown would like to remove the appointments to the ABC Board. Commissioner Jacobs pointed out that citizens should be able to speak on the removed items. The Board agreed by consensus to remove the items stated above from the agenda. PUBLIC CHARGE Chair Carey read the public charge 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Kate Dixon, Executive Director of the Triangle Land Conservancy, noted that a report to document the status of protecting open space in the Triangle and recommendations was sent to the County Commissioners several months ago. She left extra copies for the Commissioners. She said that Orange County had more land preserved than other counties in the area. She made reference to the Lands Legacy Program and said that it was a model for others to follow. One of the recommendations in the report is for the region to prepare a Regional Open Space Plan, which the TLC is calling a Green Print. She said that the Triangle J Council of Governments and the North Carolina Division of Parks and Recreation has approached the TLC to partner with them on this project. She gave an update on the Little River Project. She presented some case statements on their efforts to raise money to help acquire this property. She made reference to the 296 acres that was acquired on Turkey Farm Road. The Triangle Land Conservancy just built a bridge across Old Mill Creek to pull the trail system together. She is hoping the trails will be open later this fall. Alvis Oakley said that back in 1984 the Orange County Board of Commissioners zoned Cheeks Township and told the citizens it was for the citizens' benefit. In April, 1988, Mr. Hoyle King bought a lot across from him and now over the last twelve years, he has moved in junk. He is asking that the County Commissioners do something. Today, from the road he counted 24 or more cars and trucks, two trailers loaded with junk, four tractors, three lawn mowers, lots of car batteries, a golf cart, athree-wheeler, old tires laying everywhere, two washing machines, a plastic chemical tank, and a 4'x8' sign on wheels. For the last year, Mr. King has used the house as an office. He would appreciate it if the County Commissioners could do something about this situation. Chair Carey said that he shared Mr. Oakley's concern about this eyesore in that area. He assured Mr. Oakley that the County was working on the problem. The Commissioners have asked the staff and the County Attorney to address this problem. Commissioner Brown asked Geoffrey Gledhill to comment on the efforts over the years to address the problem. Geoffrey Gledhill said that he has tried any number of ideas and remedies to try to enforce the County's zoning regulations. The civil remedies have not been successful. Each time Mr. King was summoned into court, he cleaned up the problem before he came to court, and the court was unable to do anything. He said that this time the County would try to bring criminal charges against Mr. King. Commissioner Halkiotis would like for someone to check the right-of-way violations for Mr. King's property. He would like to know how much money the County has expended taking legal action against Mr. King. He said that it might be cheaper to buy him out. He hopes that someone is videotaping his property in the event that he cleans it up for a couple of weeks. Commissioner Brown thanked Mr. Oakley for bringing this forward again. She said that the Board supports whatever the County can do including purchasing the property. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Brown thanked the 911 staff because her husband suffered some chest pains yesterday and the ambulance was at their house in four minutes. She is very proud of the service that is provided by Emergency Services. Commissioner Jacobs made reference to a Conservation Board document. He said that one of the interesting aspects of the open space efforts is that there is a direct relationship between the acquisition of open space and its impact on affordable housing. The task force is trying to merge the two into one program. Commissioner Jacobs also said that there was a small group of staff working to promote our local agricultural economy. Commissioner Jacobs also would like some information about the lighting at the two new school sites and what efforts are being made to ensure that the light pollution is kept at a minimum. Chair Carey reported to the Board that he represented the County Commissioners at the groundbreaking for the Legion Road Town Homes today, which is an affordable housing project. He commended all of the affordable housing groups and the members of the County Commissioners to have the foresight to move this project along and make it possible for people to have homes in the Legion Road Project. This project uses the Land Trust to maintain long-term affordable housing. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Commendation to the Master Aging Plan Task Force The Board considered commending the Master Aging Plan Task Force on completing the five-year plan and submitting it to the Board of County Commissioners for review and approval. Florence Soltys said that she was pleased to present the Master Aging Plan. There were 98 people who worked on this plan. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign the resolution of Commendation for the Master Aging Plan Task Force as stated below: Resolution of Commendation To The Master Aging Plan Task Force WHEREAS, Orange County's older population is expected to experience a rapid growth, more than doubling (131.6%) by the year 2020 compared to only a 38.1 % growth in the total county population; WHEREAS, the County Board of Commissioners established a goal to develop a Master Aging Plan (M.A.P.) that would respond to the service needs of this growing older population over the life span; WHEREAS, over ninety volunteers willingly accepted the Board of Commissioners' appointments to the Master Aging Plan Task Force to help make Orange County a better place to live for older persons; WHEREAS, over a ten month period the M.A.P. Task Force members helped identify issues, develop goals and objectives to address the aging issues for the next five years for Well-Fit, Moderately Impaired, Severely Disabled older persons and the aging "Baby Boomers;" WHEREAS, the Master Aging Plan Task Force has completed the Plan for the Board's consideration and adoption in a timely manner; NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF COMMISSIONERS, hereby commends and thanks the M.A.P Task Force members for their community spirit, expertise and dedication to improving the quality of life for all older residents now and the future. VOTE: UNANIMOUS b. Resolution Transferring Control of a Cable Television Franchise from Time Warner, Inc. to America Online, Inc. The Board reviewed a report on the transfer of ownership and control of Time Warner to AOL and considered adopting a resolution consenting to transfer ownership and control of Time Warner to AOL and Media One to AT&T. John Link recognized Michael Patrick, Chair of the Cable TV Advisory Board, and commended him for all the work he did to facilitate the transfer of ownership and control of Time Warner to AOL. Michael Patrick said that the resolution has to do with the requirement under federal law when a franchisee is transferring ownership of a franchise, the local franchising authorities are called in to act to approve the franchise. This came about by the proposed merger of Time Warner and AOL and AT&T and Media One. He explained that in June the advisory board brought before the Board a resolution seeking to approve this transfer, contingent upon a number of conditions. At that time, the advisory board proposed that the Board postpone action on this. He said that the resolution was in the context of Time Warner/AOL's merger proposal that says they would voluntarily provide open access to the Internet over the cable systems. This is not a condition of approval, but only in the context of the resolution. The resolution also places conditions on Time Warner to live up to the existing franchises. The Cable TV Advisory Board is asking the Board to approve this resolution that conditions the transfer of the franchises upon Time Warner acknowledging the provisions of the old franchises as well as the recommendation that we expect Time Warner to live up to its voluntary undertaking to provide open access to the Internet over the cable system. He said that the merger would go through even if this resolution was not approved, but the resolution was written in a way that requires Time Warner to do everything that could possibly be asked of them under the law. Commissioner Halkiotis said that he appreciates everything that the committee has done and he supports this because of the time the committee spent on this issue. He said that it was a bad piece of legislation from Washington, but he will support it because he appreciates the committee. Commissioner Jacobs said that the committee had done a very good job, but he could not support it. A motion was made by Commissioner Halkiotis, seconded by Chair Carey to adopt and authorize the Chair to sign a resolution consenting to transfer ownership and control of Time Warner to AOL and Media One to AT&T, which is incorporated herein by reference. VOTE: Ayes, 2; Noes, 2 (Commissioners Brown and Jacobs) The motion did not pass. c. Recreation Site Dedication vs. Payment-in-Lieu in the Matter of Wilson Efland Minor Subdivision The Board considered a minor subdivision condition of approval regarding Recreation Site Dedication for Minor Subdivision application. Planning Director Craig Benedict said that this resolution had to do with requiring a land dedication for the Wilson Efland Subdivision. The subdivision is an eight-acre parcel located in the Efland area on US 70 and Brookhollow Road. He said that, in a subdivision, if the property includes a wildlife corridor, natural resource area, or resource protection area, staff makes a recommendation that land dedication would be preferable over apayment-in-lieu. This eight-acre site is forming two lots. He said that this area would more likely have increased population and the resources within an area that is urbanizing are even more important than some other areas throughout the County. The property in question is located adjacent to the 64-acre Duke Property that was purchased by the County last year. He said that a trail has been started at Efland Cheeks Elementary School to go through the Habitat for Humanity subdivision and the McGowen Creek corridor. The County has taken this recommendation to various boards and agencies within the County. The Environmental Resource and Conservation Department recommended that the entire stream buffer be incorporated as part of the dedication for the subdivision. The ERCD recommended an 80-foot wide corridor to be dedicated. It was taken to the Recreation and Parks Advisory Council and they did not think it was appropriate in this case for a land dedication, and they recommended payment-in-lieu. It was taken to the Planning Board, and four votes were in favor of the land dedication and four votes were against the land dedication. He read the Administration Recommendation, as follows: The Administration recommends that the County receive the land dedication as a wildlife and resource protection corridor with a provision that public access within the corridor will not be considered unless and until the dedicated property is connected with other publicly owned recreation/open space property. He said that this dedication would provide an opportunity for future connections of publicly owned open space. He said that the resolution was prepared by the County Attorney's office and the Planning Department to include the language that both reserves the right to the property owner so that they can traverse this at any time in the future so that it does not isolate any portions of their property and that the County will not have public access onto this property except for maintenance or monitoring until there is some open space/low impact corridor program that is in the general area. Commissioner Jacobs said that, based on the original staff recommendation of 80 feet, the 10 feet is a compromise. He asked what the change was based on. Craig Benedict said that the applicant felt that 80 feet was unreasonable. The applicant thought that payment-in-lieu was the best option for them, if at all. The staff reduced the dedication to the bare minimum, which is 1/57 of an acre per lot for non-floodplain lands or 1/20 of an acre per lot if it is within floodplain lands. Public Comment Chris and Mike Efland thanked the County Commissioners for hearing them. Chris Efland said that in the beginning of this process they were told that this would be a walking trail. They went to the Recreation and Parks Advisory Council, who voted against a walking trail. She made reference to a letter that was written from the Recreation and Parks Advisory Council to the County Commissioners. They then went to the Planning Department. She said that one of the big issues that Craig Benedict did not mention was that it was a concern of the Planning Board that it was a requirement in order for them to divide the property that they had to give to the County this property instead of the County compensating them for the property. Mike Efland said that the wildlife corridor was never mentioned at the beginning of the process. Chris Efland made reference to a document entitled "land suitability" that says the County does not want the land if it is in a flood plain, and the County wants the recreation areas to be located on relatively flat land, meaning 0-7 %2 % slopes. This land in question is 11 % slope and is in a flood plain. She said that the land did not qualify on the County's own terms. She said that she was faxed the 22-page document by accident. She was only supposed to receive seven pages, was asked to destroy the other 15 pages, and did not. She said that it was their fifth-amendment right to own the land and for the County not to take it. She asked that the County Commissioners vote in their favor, allowing them to pay apayment-in-lieu instead of forcing them to give up a portion of their land. She said that this land has been in the family for five generations. Mike Efland asked why it was so important that the County get this property. Chris Efland asked that if the Board votes against them, that the Board provide in writing the reasons for that action, sent from the Board and not the Planning Department. Mike Efland said that he felt it was extortion for the County to require the land dedication, when the subdivision meets all of the zoning requirements. Chris Efland asked about the appeal process. Geoffrey Gledhill said that they could choose to not subdivide their land or take the County to court. Dot Efland read a prepared statement. In summary, she said that most all of the Efland's that live in Efland were landowners and were good stewards of the land. She said that they were asking only to subdivide the land and not to build a subdivision. She said that she had not known any land that had public access that was not a breeding ground for crime and violence. She made reference to an article that says that according to the Fifth Amendment, people can not take land from an owner without ample compensation. She asked the Commissioners to vote in their favor for this land to be divided in a simple, straightforward manner. Linda Efland Richardson read a prepared statement. In summary, she said that the Efland's treasured the history and natural state of the land. She said that the only time the natural state of the creek was altered was when the County came in and put in sewer lines. She said that it would be disastrous to permit public use of this stream land as a safe haven for illegal activities. William Efland said that the Planning Board bothers him. He asked who hired the members of the Planning Board. He said that the rules for subdividing land seem to change often. He said that he visited the Planning Department and the process for dividing a small piece of property seems cumbersome. Robert Nichols agreed with everything that has been said on this issue. He owns land on McGowen Creek and he has it leased to some people for deer hunting. He has heard the statement "wildlife corridor" and said that the entire County was a wildlife corridor. He is opposed to the public having access to this property. Ben Lloyd asked about the dedications and who pays for the land and who determines the price. Chair Carey said that the amount was determined by the Zoning Ordinance. Ben Lloyd asked if the intent of this wildlife corridor was to join this property with the Duke Property that was purchased by the County. He owns land that is one of the oldest farms in Orange County. He spoke about the military and his service in the military. He said that it appears we are losing our land and freedom without any compensation. He said that people expect to reasonably be able to do with their property as they want. This was the end of the public comment. Commissioner Halkiotis said that he sees this situation as a rural-urban misunderstanding. He said that Orange County had never condemned property. He said that the Recreation and Parks Advisory Board stamped this the same way they have for years and the Planning Board discussed this issue and ended up with a 4-4 vote. In order to maintain a corridor of any kind, there must be staff to patrol and a program to maintain the area. He said that this was not a subdivision like the bigger ones that are being proposed in the Efland area. He is not supportive of this recommendation. He feels that additional discussion needs to take place. Commissioner Brown asked Geoffrey Gledhill to explain the process that has taken place on this item. Geoffrey Gledhill said that when a landowner elects to subdivide their land, the legislature of North Carolina and the state and federal courts have recognized that the government, in approving subdivision of the land, and in order to protect the public health, safety and welfare, can exact certain things from the landowner in order to protect the public health, safety and welfare. Some of the things that can be exacted are land for public roads, land for public recreation, and land for public schools. He said that if there was no subdivision of this property going on, there would be no basis for exacting public rights of way and public recreation areas. He explained that the other document was faxed to the Efland's because the recommendation that was made to require this land to be reserved for wildlife open space at this time caused a different set of documents to be sent to be put into the agenda than were originally put into the agenda. This is why Craig Benedict asked the Efland's to destroy the other document. It was not the intent to cover up anything. He made reference to the section that Chris Efland read from the document, "Land Suitability," and said that in the very next paragraph, which was cut off, it talks about the kind of land needed for passive recreation. Commissioner Brown asked for a clarification on the property that would be dedicated. Craig Benedict explained that this property would be more of a reservation and nothing would be done until there was other property to connect to this property. There would be no public use of the property until there is enough to provide for the low-impact public use of the property. Chris Efland made reference to the Planning Board meeting and said that Planner Jane Garrett indicated that once the County got the key pieces of land through land dedication the County would condemn the rest of the land and take it to connect the trail system. Mike Efland spoke about property owned by his uncle, Bobby Efland, questioning why he was only permitted to put eight homes on 25 acres of land. He said that they have been told that the sewer system that is currently from Efland-Cheeks to Hillsborough would not handle any more connections. He said that the current proposal that he has been given about Ashwick Subdivision (his land borders this subdivision), says that there will be 56 homes with a tap fee of $4,000. He said that he would be opposing this subdivision. Chair Carey restricted further comments from Mike Efland. Commissioner Jacobs applauded the stewardship of the people in the rural areas. The County government wants to work to help preserve land. He said that this was not about active recreation, but about leaving the land the way it was. He said that the law does not allow government to discriminate between a large landowner and a small landowner. He said that there needed to be a discussion on what people want in the Efland area. There are people who want Efland to remain rural and others who want to build homes in the area. He said that the Board was not talking about taking something from somebody and making it a public access point, but treating everyone the same and having some kind of long-term planning for the Efland area. He feels there has been confusion and a lack of clarity. Chair Carey said that he fully recognizes that the County has the authority to require a dedication of property and that the County would withstand a challenge to this authority. He also recognizes that it is a hollow and shallow promise to the landowners in this County that this requirement is going to be for low-impact, wildlife corridors now, but may be an active recreation space at some point in the future. He believes that if the County requires it of one landowner, it should be required of all landowners. He agrees that more discussion is required. However, he feels that the landowner should be given a choice of payment-in-lieu or dedication. He also feels that the County's payment-in-lieu fees are not high enough for the landowner to make a decision about payment-in-lieu or dedication. He is not ready to say that the County is to require dedication at this point. However, he believes that the County has the right to require dedication of land. Commissioner Brown said that she has mixed feelings about dedication of property. She said that she does favor a wildlife corridor. She said that she wants the land along the creek that she lives on to be preserved. She sees the walking trails in Efland as very far out into the future. She said that there would be changes in the Efland area with the growth pressures that will exist in this area. She sees the importance of dedicating properties along these stream corridors. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the administration's recommendation that the County receive the land dedication as a wildlife and resource protection corridor with a provision that public access within the corridor will not be considered unless and until the dedicated property is connected with other publicly owned recreation/open space property. VOTE: Ayes, 2; Noes, 2 (Commissioner Halkiotis and Chair Carey) There is no land dedication for Wilson Efland Subdivision as a result of the vote. John Link asked about the next step in terms of addressing this issue. Geoffrey Gledhill said that the Board could act now to accept the payment in lieu. The Board has to either accept a payment in lieu or the dedication. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to table this item to the next meeting. VOTE: UNANIMOUS d. Open Burning Policy for Governmental Entities and Non-Profits Receiving County Funds The Board considered approving a resolution that would implement a policy governing open burning by governmental and non-profit entities receiving Orange County funds. Assistant County Manager Rod Visser summarized the major points in this policy. This policy deals with other governmental entities and non-profit entities receiving Orange County funds. The policy outlines provisions for burning as a last resort. This is a fairly narrow policy. During the last legislative session, Orange County was given authority to further regulate burning in the County. Farimah Anoushiravani presented a petition signed by 134 people, which reads as follows: "We would like Orange County to adopt an ordinance codifying the legislation passed in the General Assembly of North Carolina on clearing of land within the County that would regulate and prohibit the open burning of trees, poisonous plants, stumps, and other construction debris." Farimah Anoushiravani read a prepared stated. She said that the developer at Lake Hogan Farm, 1St American Land of Apex, has been burning piles of wood as high as a 3-story building, including poison ivy and poison oak, since June 16, 2000. The burning has effected the health of many of us with asthma and allergies. More than 14 people have had poison ivy rashes; 3 cases were very severe including my daughter's. This burning will continue weeks at a time for several more years until they are done with the development of this large subdivision. We have spoken to Mr. David Goracke, director of development for 1St American Land, and others in that company numerous times begging them to stop burning and to please shred or haul cuttings away, as they do for their other projects. They have refused to do so, suggesting instead that the current residents should pay for shredding the wood! We have also contacted all of the regulatory and municipal agencies pertinent to this problem. No one has been able to help us because of the lack of an appropriate ordinance, even when some of the burn permit's rules and regulations were not being followed by the developer. As studies show, general health effects from breathing air containing wood smoke are: - reduced lung function especially in children; - increased severity of existing lung diseases such as asthma, emphysema, pneumonia, and bronchitis; - aggravated heart disease; - increased susceptibility to lower respiratory diseases; - triggering of headaches and allergies; - irritated eyes, lungs, throat, and sinuses; - chronic obstructive lung disease, increase risk of cancer, and genetic mutations with long-term exposure. At this time we are requesting that - the burn permit be suspended immediately until an ordinance is adopted; - an ordinance be written and passed within 30 days of this meeting; - the new ordinance requires shredding, composting, chipping, or mulching of all developers' natural waste materials; - burning of poison ivy, poison oak, or poison sumac be prohibited by any person. I have provided: - a copy of the Lake Hogan Farm petition and map of the development; - copies of some studies on the effects of wood and poison ivy smoke; - copies of the Puget Sound Region Outdoor Burning Restrictions as a model. For further information you may contact: - State of Illinois, Institute of Natural Resources, 309 West Washington St., Chicago, I L 60606. - EPA. A summary of emissions characterization and non cancer respiratory effects of wood smoke. EPA-453/R-93-036. December, 1993. - Dr. Nancy Pate, research scientist for EPA, at (919)541-5347. She thanked the County Commissioners for their time, and all of the hard work they have put in to protect the residents of Orange County. Chair Carey said that the County would not have the power to suspend the burning permit for 1St American Land of Apex. He encouraged the residents to speak with the Town of Carrboro. Commissioner Halkiotis asked about the statement "We have spoken to Mr. David Goracke, director of development for 1St American Land, and others in that company numerous times begging them to stop burning and to please shred or haul cuttings away, as they do for their other projects. They have refused to do so, suggesting instead that the current residents should pay for shredding the wood!" He asked Craig Benedict if he was familiar with 1St American Land of Apex and the developer, Michael Chadwick. Craig Benedict said that his staff met with Michael Chadwick in the field about a month and a half ago to discuss this issue, and Mr. Chadwick said that he would speak to his subcontractor. It was Craig Benedict's understanding that the developer was going to cease the open burning. John Link said that he talked with Mr. Chadwick to inform him that the Commissioners have instructed the staff to move quickly with the Solid Waste Ordinance, which would give the Commissioners the authority to stop and prevent burning as a means of disposing of wood debris and other vegetation. He informed Mr. Chadwick of this so that he would know that this would impact him. The staff will bring this back to the Board the second week in October. The enabling legislation will be beneficial in the future but will take some time to work through the County Commissioners and other governmental entities. It is the Solid Waste Ordinance that will be the vehicle for the County Commissioners to ban burning. Commissioner Brown clarified that the County did not give the developer a burn permit. Geoffrey Gledhill said that there were two legal remedies -one is to adopt the Solid Waste Ordinance, which will be in affect in the unincorporated portion of Orange County, and the second is that the other governmental entities will be encouraged to adopt the ordinance. Also, the County was given permission from the General Assembly to make the prohibition of burning in connection with developments a condition of development permits. Amendments to the County's development ordinance will be presented to the County Commissioners for approval as soon as possible. These amendments will apply to the area of Orange County that is planned by Orange County, which does not include the towns or the area of Lake Hogan Farm. Carrboro, through the Joint Planning Agreement with Orange County, would have to amend its development ordinance in order for the burning to stop at the Lake Hogan Farm burning problem. Sara Bruce spoke on behalf of the Orange/Chatham Sierra Club. She took some photographs of the Lake Hogan Farm site and distributed these. She supports what Geoffrey Gledhill has suggested. She asked that the County also look at loopholes in other regulations on water quality and air quality. She mentioned that it was the North Carolina Department of Forestry who issues the burn permits. Commissioner Jacobs asked Ms. Bruce to help the County to identify weaknesses in the County's water quality protection standards. Frances Seawell, a Lake Hogan Farm resident, encouraged the County Commissioners to pass the ordinance prohibiting open burning. Commissioner Jacobs made one change to the policy on Open Burning by Governmental Entities and Non-Profits Receiving County Funds. In the fourth bullet, the second sentence, "If burning is still pursued, the organization will notify in advance and in writing..." This information will be sent to the Board of Health for their attention. Chair Carey would like to get additional information on burning of poison ivy, etc. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a resolution that would implement a policy, as revised, governing open burning by governmental and non-profit entities receiving Orange County funds as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENACTING A POLICY GOVERNING THE USE OF OPEN BURNING BY GOVERNMENTAL AND NON-PROFIT ENTITIES RECEIVING ORANGE COUNTY FUNDING WHEREAS, land development and associated site clearing activities are increasing, and will continue to increase; and WHEREAS, it is common practice for many developers to deal with eliminating vegetative and wood waste associated with land clearing activities through controlled, open burning of these materials; and WHEREAS, the Orange County Board of Commissioners has serious concerns about the harmful environmental, public health, and safety effects these activities can engender for Orange County citizens; and, WHEREAS, the Orange County Board of Commissioners wishes to encourage the use of environmentally friendly, health sensitive alternatives to managing waste related to land development activities; and WHEREAS, the Orange County Board of Commissioners believes public and non-profit entities can and should exercise leadership by example in carrying out their development related activities in ways that protect the environment and public health and safety; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners hereby enacts the attached policy "Open Burning by Governmental Entities and Non-Profits Receiving County Funds". VOTE: UNANIMOUS e. Solid Waste Plan Update The Board considered a resolution approving the statutorily required Orange County Solid waste plan update for 2000. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION RE-AFFIRMING THE ADOPTED FRAMEWORK FOR ACOUNTY-WIDE SOLID WASTE PLAN, SPECIFYING PERCENTAGES IN PER CAPITA WASTE REDUCTION GOALS AND AUTHORIZING THE COUNTY MANAGER TO SUBMIT THE SOLID WASTE PLAN TO THE STATE WHEREAS, Orange County adopted in 1997 a general waste reduction plan framework as part of its overall solid waste goals and also adopted specific waste reduction goals of 45% per capita by 2001 and 61 % per capita by 2006; and WHEREAS, the State of North Carolina requires a solid waste management plan with specific solid waste reduction goals for 2001 and 2006, and an update to those goals and plan every three years; and WHEREAS, the County actively participates in the County-wide waste reduction programs through promotion of drop-off and curbside recycling and provision of other recycling services; and WHEREAS, the County has previously adopted a solid waste management plan framework that includes waste prevention measures, collection programs, and processing methods described in attachment A to this resolution; and WHEREAS, successful implementation of a solid waste plan that meets the waste reduction goals would also require cooperation and coordination with all the other local governments in the County and other waste generators throughout Orange County; and WHEREAS, Orange County may need to further regulate and control solid waste in order to fully accomplish the waste diversion goals; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that it hereby reaffirms the framework and goals for a solid waste management plan as adopted originally in 1997 and shown in attachment A; and BE IT FURTHER RESOLVED that Orange County continues to use a base year of 1991-92 to calculate waste reduction against, and County-wide goals of 45% solid waste reduction per capita by 2001 and 61 % reduction per capita by 2006; and BE IT FURTHER RESOLVED that Orange County will continue to cooperate with other local governments in Orange County in implementing a solid waste management plan that will achieve these goals; and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners authorizes the County Manager to submit the solid waste plan to the State. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. N.C. Department of Transportation (NCDOT) Rural Operating Assistance Program Grant The Board received comments regarding the proposed FY 2000-01 application package referred to as ROAP (Rural Operating Assistance Program) which included the Elderly and Disabled Transportation Assistance Program, Work First Transitional/Employment Transportation Assistance Program and the Rural General Public Program. The Board considered approving submission of the combined ROAP application. John Link summarized the information in the agenda. Commissioner Brown asked where the transportation system stops. Department of Aging Director Jerry Passmore said that they operate six days a week and go everywhere. The second grant would support the County's public shuttle. The last grant is for Work First where 32 people are provided $300.00 to help pay for insurance, repairs or public transportation. The transportation system does stop at stores, drugstores, etc. These funds provided one personal shopping trip per week. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the submission of the FY 2000-01 application for the Rural Operating Assistance Program. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Appointments This item was removed and placed at the end of the consent agenda for separate consideration. b. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution related to three requests for property tax refunds in accordance with the resolution, which is incorporated herein by reference. c. Budget Amendment #1 The Board approved budget ordinance amendments and capital project ordinances for fiscal year 2000-01. d. Petition for BOCC to Designate September 16, 2000 as County Big Sweep Stream Cleanup Day The Board approved a request to designate Big Sweep Stream Cleanup Day and to encourage citizens and county staff to participate, and to agree to waive tipping fees at the Orange County Landfill for the debris removed from County's streams by the Big Sweep volunteers. e. CJPP Grant Acceptance - FY 2000-2001 The Board accepted Criminal Justice Partnership (CJPP) implementation grant funds totaling $181,941. f. Cultural Diversity Training Agreement The Board approved and authorized the Chair to sign a cultural diversity training agreement with training facilitator Pat Callair to provide training to Orange County employees. g_ Classification Plan Amendment -Public Health Education Supervisor The Board amended the Orange County Classification and Pay Plan to change the class title and salary grade of the existing Public Health Education Supervisor class at Salary Grade 70 to Public Health Education Director at Salary Grade 72. h. County Appropriation for Southern Community Park Design The Board approved an additional appropriation to assist the Town of Chapel Hill in funding the engagement of design consultants for the development of a Southern Community Park concept plan; and adopted a capital project ordinance appropriating funds for the Southern Community Park project. i. Cooperative Agreement with HUD for Fiscal Year 2001 The Board approved and authorized the Chair to sign a Cooperative Agreement between Orange County and the United States Department of Housing and Urban Development (HUD) for services performed during the FFY 2000-2001. L Worksharing Agreement between Orange County Human Relations Commission and the Equal Employment Opportunity Commission for Fiscal Year 2001 The Board approved and authorized the Chair to sign an extension of the FY 2000 Worksharing Agreement. k. Approval of Food Waste Collection and Composting Contract with Brooks Contracting The Board approved and authorized the Chair to sign a service agreement allowing the County Solid Waste Department to provide separated food waste collection services to commercial establishments generating at least two tons of compostable food waste per month. I. Approval of Urban Curbside Recycling Agreement The Board approved and authorized the Chair to sign an agreement with Waste Industries, Inc. to continue the collection of recyclable materials on a weekly basis from residences in Carrboro, Chapel Hill and Hillsborough during FY 2000-01. m. Approval of Recycling Contract for Government Buildings The Board approved and authorized the Chair to sign a contract with Orange Recycling Services to continue the collection of recyclable materials from government facilities in Orange County. n. Bid Award: Tractor Scraper for Orange County Landfill The Board awarded a bid in the amount of $181,285.00 for a tractor scraper for the Orange County Regional Landfill. o. Bid Award: Landfill Compactor for Orange County Landfill The Board awarded a bid in the amount of $315,972 for a landfill compactor for the Orange County Regional Landfill. ~ Orange County Soil Erosion and Sedimentation Ordinance Amendments The Board amended an ordinance to comply with state mandated amendments to the Sedimentation Control Act, to provide greater water quality protection within Orange County. ~ EC-5 Zoning Ordinance Amendments The Board approved the recommendation of the Planning Board. VOTE ON THE CONSENT AGENDA: UNANIMOUS TEMS REMOVED FROM THE CONSENT AGENDA a. Aaaointments The Board considered appointments to the Advisory Board on Aging, Alcoholic Beverage Control Board, Board of Health, Chapel Hill Planning Board, Commission for Women, Human Services Advisory Commission, Library Task Force, Million Solar Roofs Initiative Steering Committee, Orange-Chatham Justice Partnership, Orange County Board of Adjustment, OWASA, and the Visitors Bureau of Chapel Hill/Orange County. Commissioner Brown said that she wants to be sure we get a balanced selection on the Library Task Force. Also, for the Million Solar Roofs Initiative Steering Committee, Commissioner Brown nominated herself to serve on this. Commissioner Halkiotis nominated himself to also serve on this committee. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to nominate Nancy Taylor for the Orange Chatham Justice Partnership. Dick Taylor's name was removed from the nominations. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the appointments as listed below: Advisory Board on Aging Mariah McPherson and Marvin Block for the term ending June 30, 2003. Board of Health Dr. Barry Lynn Adler and Melvin Hurston for the term ending June 30, 2003. Chapel Hill Planning Board H. Coleman Day for the term ending June 30, 2003. Commission for Women Kathie W. Young, Sally Feather, Gerial Thornburg May, and Brenda Rosen for the term ending June 30, 2003. Human Services Advisory Commission Hudson Fuller for the term ending March 31, 2001; Terry B. Hill for the term ending March 31, 2003; and Karen Current for the term ending March 31, 2002. Library Task Force Sherry Gray Dorsett, Frederick Black, Dana Thompson, Diana McDuffee, Brian Lowen, and Evelyn Daniel. Million Solar Roofs Initiative Steering Committee Margaret Brown and Steve Halkiotis. Orange-Chatham Justice Partnership Sandra Sanchez and Nancy Taylor. Orange County Board of Adjustment Mary Harley Kruter (moved from alternate to regular member) for the term ending June 30, 2003 and Sharlene Pilkey for the term ending June 30, 2003. OWASA Mark Marcoplos for the term ending June 30, 2003. Visitors Bureau of Chapel Hill/Orange County Kevin Callaghan for the term ending December 31, 2001. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board considered appointments to the Agricultural Preservation Board, Board of Health, Horace Williams Airport Advisory Board, Little River Park Advisory Committee, and the Orange County Planning Board. Agricultural Preservation Board A motion was made by Commissioner Jacobs to appoint Tony Kleese and Marty Mandell for the term ending June 30, 2003, Noah Ranells and Charles Thompson for the term ending June 30, 2002 to the Agricultural Preservation Board. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Rodney Recor for the term ending June 30, 2003 to the Agricultural Preservation Board. VOTE: UNANIMOUS Board of Health A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Alan Rimer to the Board of Health for the term ending June 30, 2003. VOTE: UNANIMOUS Commissioner Brown would like to hold off on the second at-large appointment. She would like to hear Commissioner Cordon's opinion. Horace Williams Airport Advisory Board Commissioner Brown would like to continue serving on this board. The Board will wait until Commissioner Gordon returns to see if she would also like to continue serving on this board. Little River Park Advisory Committee A motion was made by Commissioner Jacobs, seconded by Commissioner Brown that Commissioners Jacobs and Brown would serve on the Little River Park Advisory Committee. VOTE: UNANIMOUS Orange County Planning Board These appointments were pulled by Commissioner Gordon earlier. b. The Woodlands (Formerly Nine Gates) -Preliminary Plan The Board was to consider a preliminary plan for the Woodlands subdivision near the intersection of Jones Ferry and Ferguson roads in Chapel Hill township, however, this item was delayed. c. Govinda Hills Minor Subdivision/Pasley Appeal of Private Road Standards The Board considered an appeal by Mr. Scott Pasley regarding a staff technical decision to deny Govinda Hills, Phase 3 minor subdivision. Craig Benedict said that this was an appeal of a technical staff decision that the Planning Department made concerning a minor subdivision application, whether it met the justification for private road standards or not. He made reference to the seven criteria that must be met in order to have a private road. The first criterion is the big issue, which is that the lots should be twice the minimum required size of the zoning district. In this case, the minimum required in the area is 40,000 square feet. The equivalent of 80,000 square feet would be 1.84 acres. The applicant would like to have four lots in this area, and he can not accommodate the requirement of twice the lot size. He said that the road could not be built to state standards because of the elevation changes and the major dip in the road. Scott Pasley said that he purchased 13 %2 acres off of Mt. Willing Road, which contained four lots. One of the lots is 7.36 acres, which he is now attempting to subdivide. He said that he asked specific questions about subdividing of his surveyor, the County Planning Department, and the Health Department before he purchased the land. He said that the County approved the private road in 1998, which serves the proposed lots. He presented a handout that consisted of documents between he and members of the County's Planning staff. He went through these documents explaining each one briefly. He then read some information from the private road standards, comparing the present standards with the proposed standards. He said that he was told that if he had averaged twice the minimum lot size, then the private road would be accepted. This is now not the case with the changes in the private road standards. He came to the August 15th Commissioners' meeting requesting that his proposal be considered under the present private road standards. He said that the road met all of the other six criteria for the private road justification. He said that under the present standards, his subdivision should be approved by the Planning Department and the Board of County Commissioners. Chair Carey feels that there are some questions about this item that need to be discussed. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to table this item. VOTE: UNANIMOUS Commissioner Brown asked if this issue could be solved by eliminating one lot, and Craig Benedict said yes. d. Sunrise Springs Subdivision -Preliminary Plan The Board was to consider a previously tabled item with additional information on "Single Access with regard to safety issues," "Connectivity with property to the north," and "Type F Buffer Description." This will be discussed at the meeting on September 19tH e. Reconsideration of Pocket Park at Skills Development Center The Board was to reconsider the construction of a pocket park at 503 West Franklin Street due to new funding from the Town of Chapel Hill to build the right-of-way portion of the property, however, it was delayed. f. North Field at Creek Wood -Preliminary Plan The Board was to consider a preliminary plan for North Field at Creek Wood Subdivision located on the south side of Mt. Sinai Road in Chapel Hill township, however, it was delayed. g_ Section Two -Beaver Valley -Preliminary Plan The Board was to consider a preliminary plan for Beaver Valley Subdivision Section Two located west of Mace road and Beaver Valley Section One in Cheeks township, however, it was delayed. 10. REPORTS a. Water and Sewer Boundary Agreement The Board was to consider receiving a summary report from the County Attorney regarding actions by other governmental bodies within Orange County relative to the proposed Water and Sewer Boundary Agreement, however, it was delayed. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to go into closed session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS 143-318.11(a)(5) VOTE: UNANIMOUS 14. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The next meeting on the regular meeting calendar will be held on September 12, 2000 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, CMC