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HomeMy WebLinkAboutMinutes - 20020219APPROVED 5/8/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 19, 2002 The Orange County Board of Commissioners met in regular session on Tuesday, February 19, 2002 at 7:30 p.m. in the boardroom of the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY COMMISSIONER ABSENT: Margaret W. Brown COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian 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) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA There were three additions to the agenda: A change to the County Commissioners Regular Meeting Calendar as 8-i, Board of Commissioners Board and Commission Appointments as 9-c and Payment-in-Lieu Report as 10-c. PUBLIC CHARGE Chair Barry Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda -NONE b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis said that since we last discussed the safety issue on US 70, there have been two serious automobile accidents on this road. One accident was today at US 70 and Orange High School Road. The other accident was two weeks ago at Palmer's Grove Church Road and US 70. He said that the traffic mix on US 70 has significantly changed with the diversion of truck traffic around Hillsborough. He suggested bringing up this issue the next time they meet with DOT. Commissioner Halkiotis said that County Engineer Paul Thames has arranged a meeting next week with NC WARN and various department staff and the County Manager in planning for the community outreach session to bring people up to speed with respect to the safety issues at the Shearon Harris plant. They are considering having a March meeting at night so those citizens can be informed on what is happening. Commissioner Gordon said that the Schools Adequate Public Facilities Memorandum of Understanding and model ordinance have been distributed to the three towns, two school boards, and all of the Commissioners. There was a hearing last night in Chapel Hill and the County Commissioners will be getting a tape of this. She asked for an update on school capacity figures using November 15, 2001 data. Commissioner Gordon said that this past week, she and Commissioner Brown went to a program sponsored by the Human Relations Commission and the Commission for the Women. This was about South Asia, with several young people giving a presentation about the area. There is a group trying to address domestic violence as it is intertwined with the South Asian population in the United States. Commissioner Gordon said that the Triangle Transit Authority (TTA) continues to work on the regional rail project. She feels it may be time to have a presentation to update the County Commissioners. Commissioner Gordon said that this week the Durham-Chapel Hill-Carrboro Transportation Advisory Committee (TAC) held a public hearing on their regional priority list. At the hearing around a dozen people spoke and about half of them addressed the Elizabeth Brady Road Extension. Last year this extension was #20 on the list and this year it is #9. Hillsborough Mayor Joe Phelps, Town Board and TAC member Ken Chavious, and former Town Board member Brian Lowen spoke in favor of the original alignment. Most of the speakers on this item either favored the original alignment or had suggestions about which alignment should be used. There was one speaker who opposed having the road cross the Eno River. During the hearing, Ken Chavious said the Town Board had not agreed to participate on the EDD work group discussing transportation. The thrust of these comments was that the Town of Hillsborough wanted the original alignment of Elizabeth Brady Road. Over the next few years, there will be a discussion about the best alignment. Finally, Commissioner Gordon reported that the DOT was doing a feasibility study on HOV lanes and it looked like HOV lanes are going to be feasible in the I-40 corridor in certain circumstances. Chair Jacobs made reference to the minutes of the joint meeting of the Hillsborough Town Commissioners and the Orange County Board of Commissioners from March 20, 2001. He read item 2-b, Transportation Workgroup, which is incorporated by reference. He said that the Town Board did know about the EDD workgroup discussing transportation and did not show any disagreement with it at this meeting. Chair Jacobs reminded the staff that we got a letter in January 2001 soliciting any information that we might have that would be helpful in evaluating the potential environmental impacts of the Elizabeth Brady Road project. He asked the staff when this report might be coming back to the Board and John Link said that he would get this information. Commissioner Gordon said that the TAC would be very glad to have any kind of input from a joint effort by the Orange County Board of County Commissioners and the Hillsborough Town Commissioners concerning environmental impacts and related information. Chair Jacobs mentioned the 4th annual agricultural summit held today at the Schley Grange Hall. He said that about 70 people were there, nearly half of whom were active farmers. Commissioner of Agriculture Meg Scott Phipps was the speaker. There was discussion about the use value system and what changes might be taking place. There were some presentations on alternative ways of approaching agricultural operations and some of the financial and planning factors in diversifying operations. There were also discussions on what the County is doing, including the work of our new Agricultural Economic Development Specialist, Mike Lanier, who has been working on a comprehensive compilation of all of the agricultural operations in the County that are trying to sell products or otherwise provide services to the public. Chair Jacobs announced that there are two at-large vacancies and one Chapel Hill Township vacancy on the Orange County Planning Board. He asked for people interested to apply either online or by calling the Clerk's office. Chair Jacobs said that he, Commissioner Halkiotis, and John Link will meet with Congressman David Price on Thursday to talk about federal funds for some of Orange County's initiatives. Chair Jacobs read the letter the Board plans to send to Governor Easley regarding the withholding of our funds. This letter is incorporated herein by reference. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Regional Terrorism Grant Award Acceptance The Board considered a resolution accepting a $10,000 grant from the North Carolina Division of Emergency Management to fund amulti-county study for evacuation needs resulting from possible terrorist activity. EMS Director Nick Waters said that this grant would allow us to address the issue of evacuation for the six counties that agreed to cooperate in this initiative. Phase I would be to perform a credible vulnerability analysis to identify the threats and what should be done to address those threats. Commissioner Halkiotis thanked Nick Waters and said that this was an opportunity for the County to meet the challenge at the local level and not wait for the state or anybody else to do it for us. He noted that Nick Waters was thinking about this two years ago and that it was not aknee-jerk reaction to September 11tH Commissioner Carey said that he noticed that the six counties in the planning area did not include Chatham County. Nick Waters said that additional counties could be added. Chatham County has expressed an interest, but was not in the initial planning process. Commissioner Gordon asked that Nick Waters add Chatham County if they agreed. In answer to a question from Chair Jacobs, Nick Waters said that this is related directly and indirectly as a result of CP&L and the proximity of the Shearon Harris plant to Orange County. Chair Jacobs proposed one more "Whereas", as follows: "Whereas, the evacuation plans for the Shearon Harris Nuclear Power Plant are inadequate to address the region wide health and safety concerns posed by the facility." A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below, with the addition as stated above. A RESOLUTION ACCEPTING A STATE MULTI-COUNTY REGIONAL TERRORISM GRANT TO BE ADMINISTERED BY ORANGE COUNTY WHEREAS, recent events have shown terrorist attacks with large-scale consequences are a reality; and WHEREAS, the effects of those attacks disrupt normal lives of the citizens and the ability of government to carry out its mission; and WHEREAS, those effects may reach across county lines to a regional level; and WHEREAS, the need exists to be able to evacuate Orange County's population or for Orange County to host evacuees from neighboring counties; and WHEREAS, no regional plans exist to address the evacuation, hosting, or caring for the populations of Orange and neighboring counties; and WHEREAS, the evacuation plans for the Shearon Harris Nuclear Power Plant are inadequate to address the region-wide health and safety concerns posed by the facility; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby accept the Regional Terrorism Grant from the North Carolina Division of Emergency Management for regional evacuation planning, agree that Orange County will be lead county in the planning effort, and authorize the County Manager to execute the grant agreement and any related documents necessary for implementation. This, the 19th day of February 2002. VOTE: UNANIMOUS b. Resolution Congratulating and Celebrating the Occaneechi Band of the Saponi Nation on Recognition by the State of North Carolina The Board considered a resolution congratulating and celebrating the Occaneechi Band of the Saponi Nation on its recognition by the state of North Carolina. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: Resolution Congratulating and Celebrating the Occaneechi Band of the Saponi Nation on Recognition by the State of North Carolina WHEREAS, members of the Occaneechi Band of the Saponi Nation moved south from Virginia in the late 1600s into what is now known as Hillsborough, and after the tribe returned north, some members turned back to the Hillsborough area in the middle of the 18th century; and, WHEREAS, members of the tribe, in 1985, began researching and working on an application for recognition by the State of North Carolina; and, WHEREAS, the tribe formally submitted its application to the North Carolina Commission for Indian Affairs (NCIA) in 1990, but was denied and then twice again applied for recognition, but further failed to receive approval; and, WHEREAS, a lengthy court process ensued between the tribe and the NCIA that ultimately returned the matter to Orange County Superior Court, with Superior Court Judge Wade Barber issuing an order in early February 2002 granting the Occaneechi official state recognition; and, WHEREAS, after diligently working for nearly two decades to obtain recognition from the State of North Carolina, the Occaneechi tribe has finally succeeded and achieved the recognition it so greatly deserved: NOW THEREFORE, We, the Orange County Board of Commissioners, do hereby congratulate the Occaneechi Band of the Saponi Nation on its recognition by the State of North Carolina and do hereby celebrate with the Occaneechi this recognition and the hard work, perseverance, and dedication which led to it. This, the 19th day of February 2002. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Orange County Arts Commission Grant Awards The Board presented award checks to artists and organizations receiving 2001 Fall Orange County arts grants. Commissioner Halkiotis read the names and Chair Jacobs distributed the envelopes. 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Consent Agenda as stated below: a. Motor Vehicle Property Tax Refunds The Board approved two requests for motor vehicle tax refunds in accordance with the resolution incorporated herein by reference. b. Classification Plan Amendment: Foreign Language Interpreter This item was removed for separate consideration at the end of the Consent Agenda. c. Jail Inspection Report The Board received the Jan. 10, 2002 jail inspection report from the North Carolina Department of Health and Human Services. d. Discretionary Rural General Transportation Funds This item was removed from the Consent Agenda for separate consideration. e. Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services The Board approved and authorized the County Manager to sign a continuation agreement with the town of Chapel Hill to provide funding in the amount of $46,697 to be paid to the County for providing New Generation senior recreation program services for the town's Parks and Recreation Department. f. Bid Award: 30-yard Roll-off Containers for Orange County Solid Waste The Board approved awarding a bid in the amount of $35,260 to Carolina Environmental in Kernersville for ten 30-cubic-yard roll-off containers for the Solid Waste Management Department. g_ Appointments to Arts Commission The Board approved three appointments to the Orange County Arts Commission -Nedra Bradsher for position #2 for a term ending March 31, 2005; Susan Lyons for position #6 for an unexpired term ending March 31, 2004; and Bronwyn Merritt for position #9 for a term ending March 31, 2004. h. Minutes This item was removed for separate consideration at the end of the Consent Agenda. i. A_ change to the Board of County Commissioners Regular Meeting Calendar The County Commissioners approved adding a meeting to their regular meeting calendar for Wednesday, April 17, 2002 at the Southern Human Services Center in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area (J PA) public hearing. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Classification Plan Amendment: Foreign Language Interpreter The Board considered amending the Orange County classification and pay plan to add a new class of Foreign Language Interpreter at salary grade 64, with a hiring range of $26,456-$32,265. Commissioner Carey asked how this position differs from other interpreter positions and Health Director Rosemary Summers said that there are no other interpreters in the County. Rosemary Summers said that they will be interpreting and also coordinating other interpreters of other languages. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve amending the Orange County classification and pay plan to add a new class of foreign language interpreter at salary grade 64, with a hiring range of $26,456-$32,265. VOTE: UNANIMOUS d. Discretionary Rural General Transportation Funds The Board considered approving a discretionary rural public transportation fund application for $29,220, requiring a 10 percent local match, to enhance general public routes operated by the Orange Public Transportation (OPT) Program for the remainder of FY 2002. Commissioner Gordon asked about the coordination between the Triangle Transit Authority's Hillsborough to Durham route and the Orange Public Transportation route. Department on Aging Director Jerry Passmore said that they are already doing this now, but they are concerned about making it viable to go to Duke in the morning and midday. Commissioner Gordon was hoping that there would be some coordination and publicizing so that the route would be used more. Jerry Passmore said that they hope there will be a joint effort with TTA and OPT to provide service all day. Commissioner Gordon asked that Jerry Passmore provide within the next month a plan for promoting this service. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign a discretionary rural public transportation fund application for $29,220, requiring a 10 percent local match. VOTE: UNANIMOUS Chair Jacobs made reference to the County Commissioners' meetings on cable access and said that maybe informational items could be shown in the event that the meeting does not start right at 7:30. A map of the bus routes and schedule could be one of those informational items. h. Minutes The Board considered approval and/or correction of minutes from the following meetings: Dec. 3, 2001 regular meeting; Dec. 11, 2001 regular meeting; Jan. 16, 2002 regular meeting; and, Jan 28, 2002 work session. Commissioner Gordon noted that the minutes were up to date! A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes from the following meetings: December 3, 2001 regular meeting; December 11, 2001 regular meeting; January 16, 2002 regular meeting; and January 28, 2002 work session. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Alternatives to Open Burning of Agricultural Land Clearing Debris The Board received a preliminary staff report and considered providing direction to staff on possible options for alternatives to open burning of agricultural land clearing debris. John Link said that the Board did not have to make a decision about this tonight, but it would help if the Board narrowed down the options so that staff would know which one to study further. Solid Waste Director Gayle Wilson said that in preparing this report he checked with many resources -Emergency Management, Manager's office, Tax Assessor, Economic Development, Cooperative Extension, County Attorney, Budgeting, Forestry Service, Environment and Resource Conservation, various equipment manufacturers, and various farmers. The farmers are generally opposed to any type of regulation that would prohibit this type of burning. The staff did not make a recommendation, but assumes that, should the Board wish to proceed with some level of burning prohibition, there are two possible lowest impact and lowest cost alternatives - 1) allow some type of curtain burning that would be regulated that would eliminate open burning; and 2) develop a County land clearing recycling location for the farmers who do not wish to burn in any way, or developers, to deliver their materials for a reasonable price so that the County could convert the materials into marketable materials. Chair Jacobs made reference to page six where it allows a specific acreage burn per year. He said that he had asked the County Attorney to clarify a few points before the discussion. County Attorney Geoffrey Gledhill said that in reviewing the report and assisting to put the report together, the ideas associated with alternatives to burning are essentially financial. He does not have a view about whether the Board should choose a certain option. If the Board wanted to enact a solid waste ordinance that is tailored to eliminate most if not all agricultural operations from the ordinance by controlling the size of the plot or by otherwise using agricultural criteria to eliminate agricultural uses from it, he has a concern. He said that there are fairness issues in trying to control burning through a solid waste ordinance and to eliminate the same kind of burning activity, depending on who is doing the burning. Furthermore, he thinks that the report suggests strongly that the extent of agricultural burning is very small. He knows that the Board does not want to burden bona fide farming operations with additional costs. It strikes him that the solid waste approach to eliminating open burning might not be the right approach. The open burning that takes place in anon-agricultural context can be regulated through the subdivision regulations and the zoning ordinance. Bona fide farming operations are not land uses that can be regulated. He said that development activities could afford the additional expense that it would take to have a no burning requirement, whereas agricultural activities presumably could not. He said that the best approach would be to deal with it in the regulation of land use in both subdivision regulations and the zoning ordinance. Commissioner Halkiotis said that, as long as he has been on this Board, he could not recall one instance where citizens have complained about members of the agricultural community clearing land and burning debris. He does recall that citizens have come complaining about people developing huge subdivisions, setting up burn piles with plastic bottles and tires and aluminum cans, and burning poison ivy, which affected young children. Most recently, a big subdivision proposal in central Orange came in and the state had to shut down a burn operation that contained debris that was moved from this subdivision. All of the issues are coming from subdivisions and not legitimate agriculturally based endeavors. Commissioner Carey feels that the Board should take heed to the County Attorney's recommendation. Commissioner Gordon would like to explore the idea of regulating within the subdivision regulations and the zoning ordinance. She said that it would not apply to the exempt 10-acre subdivision. She asked how it would be done in the subdivision regulations and the zoning ordinance. Geoffrey Gledhill said that it could be a condition of any land use permit that there be no open burning of land associated with the land use activity that would be permitted. Chair Jacobs said that addressing this through the development process is the best route. Public Comment Bob Nutter, a dairy farmer in Orange County, emphasized that it is not the farmers in Orange County who are polluting the air. Reese Martin, a clearing contractor, spoke about the problem of burning by the developer versus the farmer. He works for the agricultural community and developers. He is an advocate of pit burning. We are going to continue to have development in Orange County and we need to come up with a solution to address this problem. Regarding clearing contractors, he asked what they would be allowed to do. He asked if they would be able to burn using a pit burner. He said that he wants to be able to dispose of this waste in the least costly way that causes the least possible impact on the environment. The County does not have a waste facility in northern Orange County to handle this waste and come up with methods of recycling and mulching. He asked if the County would be interested in this type of facility to handle the waste. Joe Phelps said that he agreed with what Mr. Martin said about pit burning. He feels that this would reduce the nuisance to the neighbors. He asked about land that has been or will be timbered. He feels that burning of the brush that is left after land is timbered should be allowed. He thinks that if you manage pit burning and it is regulated that everyone can live with it. A motion was made by Commissioner Carey, seconded by Chair Jacobs to direct staff to come back to our May 23~d quarterly public hearing with the steps necessary to incorporate into the subdivision regulations and the zoning ordinance regulations for the open burning of waste produced during the development process. Commissioner Halkiotis said that he would be interested in having an invitation extended to him by Mr. Martin to see how the pit burner works. He feels that the County should not get into the private sector business of taking care of 75 acres of land per year. This is not feasible. Commissioner Carey agrees that the County should not get into the business and compete with the private sector in handling this type of waste. Commissioner Gordon thanked the staff for the comprehensive analysis and clarified that the motion is to follow the attorney's recommendation. VOTE: UNANIMOUS b. Mill Creek II Subdivision (Section 1) Preliminary Plan The Board considered a preliminary plan for the proposed Mill Creek II subdivision, section Planning Director Craig Benedict said that the property is located in Cheeks Township off of Mill Creek Road, north of Lebanon Church Road, in western Orange County. The subdivision is conventional with open space. This is phase I, which will include 12 lots. The master plan involves 140 acres with 65 lots. The average lot size, without the open space, is approximately two acres. The property touches a public road in only one small section. The open space would be controlled by the Homeowners Association. One of the conditions for phase II is that the green space will continue through phase II and into some additional open space in other parts of the subdivision. The water and sewer for this site is provided by individual wells and septic. A payment-in-lieu of $5,460 will be made for public recreation. The Planning Board wanted to make sure that people that purchase lots in areas where the road would be extended through would know beforehand about the road. There is a condition in the resolution of approval that addresses this. Staff is recommending approval of phase I, in accordance with the resolution of approval, which is incorporated herein by reference. Craig Benedict made reference to the fiscal impact analysis that has been updated from the 1997 version. The 1997 version would have shown a positive balance sheet for this project. The 2001 version, which uses new tax rates, new budget expenditures, and new multipliers, shows a negative balance of $14,000 for the general fund and $5,000 per year for schools. Staff will be providing a report which will discuss both versions of the fiscal impact analysis. Commissioner Halkiotis made reference to the memo from Mike Tapp, which says that the plan does not identify water sources in case of fire. Craig Benedict said that, based on recent communications, the Fire Marshall contacted East Alamance Fire Chief and there are fire hydrants that can be serviced in the Mebane public water system that are on Lebanon Church Road. The staff will be working with EMS to do an inventory and ask each fire department to identify some of the natural water sources and/or fire hydrants. Commissioner Carey asked if all phases of this subdivision were owned by the developer of Phase I and Craig Benedict said yes. Chair Jacobs asked for the location of lot p-10. He is trying to understand the reasoning in having the lot in this location as opposed to above p-4 and next to p-1. Having lot p-10 in this location creates a disturbance to the open space. Steve Yuhasz, the developer, said that as with all rural subdivisions, one of the design criteria is that each lot have a perking site. On lot p-10, there was not enough soil that perked, so it was shifted to its current location. Chair Jacobs asked how payment-in-lieu or private dedication relates to open space. Craig Benedict said that they are not connected. The payment-in-lieu is for compensation for public recreation dedication. Private recreation is not needed when adequate open space is provided. Chair Jacobs pointed out the letter on page 19 from Rich Shaw from the Environment and Resource Conservation department, which compliments Steve Yuhasz for designing a subdivision that preserves open space. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the preliminary plan for Mill Creek II (Section 1), in accordance with the resolution of approval, which is incorporated herein by reference. VOTE: UNANIMOUS c. Board of Commissioners Board and Commission Appointments Chair Jacobs made reference to the long list of commissions under his name. He offered Commissioner Carey the position on the Board of Health and Commissioner Carey agreed. He also asked to be removed from the Cape Fear River Assembly and the Upper Neuse River Basin Association. Commissioner Halkiotis suggested that the Manager assign staff to attend the meetings of those two commissions as appropriate. Commissioner Gordon said that she had been going to the Intergovernmental Parks Work Group and she would be willing to be the alternate for Commissioner Brown. The Board agreed to make her the alternate. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close the nominations and approve the appointments with the changes as made above. VOTE: UNANIMOUS 10. REPORTS a. No Fault Well Repair Fund Policy The Board received a report and considered approving a policy for administering the no fault well repair fund. Health Director Rosemary Summers said that the Board of Health created this policy in response to a special use permit that the Board of County Commissioners approved in October 2001 for the American Stone Company and OWASA. An excerpt from the special use permit is in the agenda packet. This policy was developed to implement the special use permit. She reminded the Board that the repair fund was for those residences within a 3,000-foot radius of the quarry operation, and is intended to go through the year 2033 or three years after mining operations cease at the quarry, whichever is sooner. The fund is to address well failures that are determined to be not as a result of the operation of the quarry. The fund would be used to repair, renovate, or replace the affected wells. Chair Jacobs asked Rosemary Summers if she plans to have a community meeting to let people know about this policy. Rosemary Summers said that she did not plan to have a community meeting because the residents are aware of this process. John Link said that he is confident that Environmental Health staff knows how and when to address the issues. It may be a good idea to have a pamphlet on what will be covered by the fund. Chair Jacobs feels we should make an effort to provide the community the opportunity to make comments about this policy before the County Commissioners approve it. Chair Jacobs made reference to page seven and what American Stone will provide to take care of the wells. He is not clear about the transition between what is going to qualify as something that American Stone has to take care of and what the fund is going to take care of. He suggested a different heading besides "Other Considerations." Rosemary Summers said that what American Stone takes care of is not addressed in this policy, other than the fact that they have an initial responsibility to determine whether the well failure is a probable result of quarry operations. American Stone is responsible for paying for the determination out of their funds. Chair Jacobs asked how many units were within the 3,000-foot radius. No one knew the answer to this. Chair Jacobs would like to mail out some pamphlets about the fund to all of the residences. Rosemary Summers said that the staff was intending to develop some educational materials for the community. John Link said that they would proceed with pursuing the educational effort for the community and report back to the Board. The Board agreed that the content of the policy is acceptable. b. Rural Planning Organizations The Board received a report on rural planning organizations. Planning Director Craig Benedict made this presentation. He summarized the information in the agenda. Commissioner Gordon clarified that the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization is involved in three divisions -Durham (division 5), Orange (division 7), and Chatham (division 8). The funding is allocated by divisions. Craig Benedict said that these are options and there is not any formal recommendation at this time. Option 1 is that the rural portion of Orange County could join the Durham/Chapel Hill/Carrboro MPO. Option 4 is that Orange County joins the Burlington MPO. This is not a suggested recommendation. Option 2-A, which was suggested by the Triangle J Council of Governments, is that Triangle J would be the lead planning agency for Johnston, Lee, Moore, part of Chatham County, and the western portion of Orange County. Option 2-B is where western Orange County gets together with Alamance County that is outside of the Burlington MPO and the portion of Chatham County that is outside the Durham/Chapel Hill/Carrboro MPO. There has been no discussion with Chatham County at this point. Commissioner Gordon would be hesitant in recommending that rural areas join any MPO, including Burlington, because the rural interests would not be highlighted in an MPO. Chair Jacobs feels it would be a mistake to get involved with an MPO because it has different interests. He thinks that option 2-B is a good alternative, but he would consider adding Caswell County to that mix. It was the consensus that 2-B is the preferred option. The Board will meet with Chatham County to discuss this and other issues at a later time. c. Payment-in-Lieu Status Report Craig Benedict summarized the information in the agenda. The payment-in-lieu is actually a secondary part of the public dedication requirements of the subdivisions. The majority of the subdivisions have paid the payment-in-lieu and have not made dedications. The payment-in-lieu is $422 per lot if the land is in a community park area and $455 per lot if the land is in a district park area. A consultant, Tischler and Associates, was hired to evaluate the standards of the existing code and the possibility of updating the code provision. Commissioner Gordon clarified that the payment-in-lieu is for any subdivision that is within the County's zoning control, which is outside the extraterritorial jurisdiction. Craig Benedict noted that this is as complex as developing a school impact fee. Commissioner Gordon agreed that this issue is very complex. She asked if it is possible to finish this aspect with the unincorporated area and then talk to the other jurisdictions later. Craig Benedict said yes. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Gordon seconded by Commissioner Halkiotis 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 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS The next regular meeting is scheduled for Monday, February 25, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC