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HomeMy WebLinkAboutMinutes - 19930323 • 1 APPROVED 513193 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 23, 1993 The Orange County Board of Commissioners met in Regular Session on Tuesday, March 23, 1993 at 7:30 p.m. in the OWASA Community Meeting Room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Assistant Public Works Director Mary Barbour, Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, Finance Director Ken Chavious, Budget and Management Analyst Donna Dean, Human Resources Director Elaine Holmes, Purchasing Director Pam Jones, Recreation Program Supervisor Robert Jones, Budget Director Sally Kost, Commission for Women Director Lucy Lewis, Tax Assessor Kermit Lloyd, Public Works Director Wilbert McAdoo, Recreation and Parks Director MaryAnne Moore, Social Services Director Marti Pryor-Cook, Land Records Manager Roscoe Reeves, EMS Director Nick Waters, and Solid Waste Coordinator Beth Wickham. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILE IN THE COUNTY COMMISSIONERS/CLERK'S OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA Three appointments were added and one additional resume for the Board of E & R was distributed. A resolution was added as item IV-C to "Exclude Mebane Telephone Exchange from the 910 Area Code". The EMS Chapel Hill appointments were deleted and all the Planning Board and Board of Adjustment appointments were deleted. Item VIII-F was added to conclude the process of the Manager's evaluation. BOARD COMMENTS At the request of Commissioner Halkiotis, Ken Chavious stated that the County obtained a very good rate at the bond sale on March 9. over the life of the bond the rate will save the County slightly over five million dollars. The impact on the tax rate will be about one cent. Commissioner Halkiotis made reference to the tipping fees levied against the Town of Hillsborough and Orange County for the cleanup from the tornado and stated a concern that there is no policy to waive fees following a natural disaster. Chair Carey expressed his desire to develop a policy to deal with this kind of situation in the future. The recommendation needs to come from the Landfill Owners Group to the three governing boards. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey indicated that those citizens who have indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below except Item C which was considered following the Consent Agenda. A. RESOLUTION TO ESTABLISH PUBLIC HEARING FOR RIGHT-OF-WAY IN BIRCHWOOD LAKE ESTATES, PHASE I The Board approved a resolution setting a public hearing on the abandonment of a right-of-way located at the end of Wisteria Drive in Birchwood Lake Estates Subdivision, Phase I as stated below: NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS OF A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY TO CLOSE A RIGHT-OF-WAY LOCATED AT THE END OF WISTERIA DRIVE (SR 1884) IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A RIGHT-OF-WAY IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I WHEREAS, petitioners Pauline H. Whitfield, John Glenn Whitfield, Lanny Trogdon, Lynn Trogdon and Dennis Clements have filed a petition before the Board of County Commissioners to close a right-of-way identified on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned right-of-way") ; and WHEREAS, it appears from the petition that the road in the abandoned right-of-way has never been constructed; and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said right-of-way without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned right-of-way. That prior to a decision on the closing of the abandoned right-of-way, a public hearing shall be held at the Orange Water and Sewer Authority headquarters in Carrboro, on the 20th day of April, 1993 at 7: 30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. General Statutes 153A-341. B. CONTRACT APPROVAL FOR THE ENGINEERING DESIGN FOR THE NEW COURTHOUSE ROOF REPAIRS The Board approved and authorized the Chair to sign an agreement with RTD Associates for engineering design and contract administration services for the New Courthouse roof, in an amount not to exceed $3,275. C. PAVING PARKING LOTS AND SITE WORK FOR BARTOW PROPERTY Item Removed and considered at the end of the Consent Agenda. D. ESTABLISHMENT OF PUBLIC HEARING DATE ON THE UPDATED ORDINANCE FOR REGULATING EMERGENCY SERVICES The Board established a public hearing date to receive public comments on an updated ordinance regulating emergency services for 7: 30 p.m. on April 20, 1993 at the OWASA Community Meeting Room in Carrboro. E. PROPERTY TAX REFUNDS The Board approved the nineteen property tax refunds as listed below: NAME ACCOUNT # AMOUNT Marine Midland Automotive 117145 $ 178 . 14 McGilvary, Barbara Brummitt 142203 95.84 American Board of Orthopedic 150158 8,763. 37 Surgeons First Union National Bank 57829 874. 65 Sha Pe Enterprises Inc. 141208 130.48 Robinson, Jack L. 160096 15.88 Mitchell, Virginia 96753 48.69 Fitch Lumber Company 136755 142.28 Jack Shreffler 8847628 1, 365. 51 Blackwood, Rhonda Lynn 129622 193 .70 McKenzie, Edward Butt, Jr. 179391 319.63 Lease Plan USA, Inc. 9151536 and 9050038 2,966.07 Smith, Jane P. & Thomas Martin 143912 123.72 Freshwater, Albert Wesley 13818 21.87 Moore, Louis P. 181373 133. 38 Michaux, Sandra K. 181372 67 .20 Harris, Christopher E. 181361 67.61 Henley, Grace F. 181362 52.23 Ivey, Lee Battle, Hrs. 16369 987. 01 F. ESTABLISH PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Board established April 20, 1993 and May 18, 1993 as public hearing dates to receive citizen comments regarding the development of a 1993 Community Development Block Grant application. G. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN The Board adopted a Residential Anti-Displacement and Relocation Assistance Plan for Orange County as presented in the agenda abstract. H. ADVERTISEMENT FOR THE APRIL 15 JOINT PLANNING AREA PUBLIC HEARING The Board approved the legal notice and items for discussion at the Joint Planning Area public hearing scheduled for April 15, 1993 as presented in the agenda abstract. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM DELETED FROM THE CONSENT AGENDA C. PAVING PARKING LOTS; SITE WORK FOR BARTOW PROPERTY Pam Jones clarified that this work will be paid for from the Government Services Building fund which is not considered as revenue available for other projects. The parking committee has endorsed the plan. These costs are the original bid costs at the time the bid was taken for the Government Services Center. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve paving the parking lots and to authorize the Manager to execute the necessary change orders and to approve the work to be done on the Bartow property. VOTE: UNANIMOUS IV. RESOLUTIONSfPROCLAMATIONS A. RESOLUTION TO SUPPORT FUNDING FOR LOCAL RECREATION AND PARKS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below which supports the modification of proposed legislation affecting the Recreation and Natural Heritage Trust Fund and to establish a Park Fund in North Carolina. RESOLUTION REQUESTING MODIFICATION OF PROPOSED LEGISLATION AFFECTING THE RECREATION AND NATURAL HERITAGE TRUST FUND AND ESTABLISHING A PARK FUND IN NORTH CAROLINA WHEREAS, the 1991 session of the General Assembly enacted a bill that increased the excise tax on land transfers by one dollar per thousand; and WHEREAS, Eighty-five percent of the revenues from this increase on excise tax went into the general fund of the State; and WHEREAS, the Legislative Study Commission on Parks and Recreation has drafted legislation that would dedicate the eighty-five percent of the revenue that is currently going to the general fund to a proposed Park Fund of North Carolina to be used for land acquisition; and WHEREAS, local governments in North Carolina need almost one billion dollars to meet national standards in providing land and facilities for leisure opportunities for citizens and visitors; and WHEREAS, funding from the Federal Land and Water Conservation Fund, which was a major source of support for State and Local Parks Systems for the last twenty-seven years, has decreased considerably since 1979; and WHEREAS, the North Carolina Recreation Parks Society has requested support for modification of the proposal developed by the Legislative Study Commission on Parks and Recreation to divide the entire 1991 tax increase of one dollar per thousand to be used for acquisition of land with significant natural heritage value, local park acquisition and state parks; and WHEREAS, the Orange County Recreation and Parks Advisory Council has endorsed this proposal and has requested the Board of Commissioners to also support this proposal. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE DOTH RESOLVE: 1. The members of the General Assembly representing the people of Orange County are called on to support the modification of the proposal which has been drafted by the Legislative Study Commission on Parks and Recreation to provide for a more equitable distribution of the funds from the 1991 tax increase with the funding being divided as indicated above. 2 . The Clerk to the Board of Commissioners is directed to send a copy of this Resolution to each of the members of the General Assembly representing the people of orange County and to the North Carolina Association of County Commissioners. VOTE: UNANIMOUS B. PROCLAMATION OF INTER-FAITH COUNCIL'S 30TH ANNIVERSARY Motion was made by Chair Carey, seconded by Commissioner Gordon to recognize March 21st as the 30th anniversary of the Inter-Faith Council as stated in the proclamation below. PROCLAMATION 30TH ANNIVERSARY OF THE INTER-FAITH COUNCIL WHEREAS, The Inter-Faith Council will celebrate on March 21 thirty years of service to those individuals or families in need, and WHEREAS, The Inter-Faith Council has grown from a few volunteers to over 1, 000 volunteers working in two locations with eight paid professional staff members guiding and coordinating their efforts, and WHEREAS, Many programs have been developed throughout the years which reflect the continuous commitment of the Inter-Faith Council to develop programs when no other agency is responding to the need, and WHEREAS, From the very beginning, concerns with social justice has been a hallmark, influencing the selection of programs to be developed with almost all programs providing services to people suffering some form of discrimination, NOW, THEREFORE, BE IT PROCLAIMED by the Orange County Board of Commissioners that the Inter-Faith Council be commended for its thirty years of service and for its mission of "receiving with concern all who come to their doors and helping each to the best of their ability" . VOTE: UNANIMOUS ADDED C. RESOLUTION TO EXCLUDE THE MEBANE TELEPHONE EXCHANGE FROM THE 910 AREA CODE Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign the resolution as stated below which calls for the Mebane Exchange to remain in the 919 area code area. RESOLUTION TO EXCLUDE THE MEBANE TELEPHONE EXCHANGE FROM THE 910 AREA CODE WHEREAS, an additional 11910" telephone area code is being proposed by the telephone companies and the North Carolina Utilities Commission, and WHEREAS, this 910 area code proposal includes changing the Mebane Exchange from 919 to 910; thereby splitting the Mebane Exchange from other telephone exchanges in Orange County, and WHEREAS, effective Saturday, March 20, Orange County Extended Area Service was implemented and will provide the county with a cohesive calling community, and WHEREAS, this 910 area code intrusion will have adverse effects on the unifying efforts of Extended Area Service for residents, businesses and public facilities in the Mebane area, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners unanimously supports the exclusion of the Mebane Exchange from the proposed 910 area code. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. 1993-98 CAPITAL IMPROVEMENTS PLAN County Manager John Link summarized the proposed 1993 through 1998 Capital Improvements Plan (CIP) . In answer to a question from Commissioner Insko about the pay-as- you-go funds for schools, Link explained that they would take the amount of revenue they projected for last year and retain that amount of money for pay- as-you-go for the school systems. There has been an increase in sales tax revenue and this would be the amount that would be placed in a reserve account. This holds the amount for the schools at the 1992-93 level. Commissioner Gordon asked if the County could take advantage of the low interest rates and use certificates of participation to finance schools. Ken Chavious explained that it takes local legislation for a county to fund schools this way. However, this is another alternative to a bond issue. Commissioner Gordon distributed information about school enrollment. She stated that the School Capital Needs Advisory Committee had projected the need for an elementary school immediately in Chapel Hill- Carrboro and one for Orange County in the not too distant future. Commissioner Willhoit noted that he hopes the schools will address how year round schools could help alleviate the overcrowding in the short run. THE PUBLIC HEARING WAS OPEN FOR COMMENTS JOHN HOWARTH, a Human Research Consultant by day and a swim coach by night, spoke in support of the swimming pool. He noted that North Carolina is the number one state per population for drownings. The proposed pool would alleviate the overcrowding in the few other pools available. Chapel Hill High has a team of 68 kids and they are turning kids away because they don't have a pool. EARL DAVIS, Chairman of Unitax, noted that projections were made during the last bond issue which indicated that Chapel Hill needed a new elementary school. He agrees that the school boards need to look at year round schools and other alternatives before citizens are requested to pay more taxes. With regard to the swimming pool, he sees no reason why there can't be a pool. He addressed this issue in a letter with several questions about the long term financing. He is concerned that there are some other needs in Orange County which may be higher on the priority list. BARNEY DALE, resident of northern Orange and father of two children, feels that ice skating in Hillsborough is an asset. If the County does not take advantage of this asset it will go away. He supports a new facility. REBECCA DALE stated she has been skating at the Daniel Boone Rink for five years and would be very disappointed if it closed down. Also, she swims in Chapel Hill at the YMCA. She supports the building of a pool. DIANE POZEFSKY, Estes Hills PTO Co-chairman, spoke in favor of a new elementary school in Chapel Hill. When overcrowding occurs, the first things to go will be the science labs, computer labs and art rooms. She is in favor of single tract schools but not multi-tract schools. In a single tract school the time in between can be used for tutorial and childcare. In the summer now, there are three schools being used for childcare and one used for tutorial programs. MISSY PARKER stated that in October, 1991, the Chapel Hill-Carrboro City School System in collaboration with Chapel Hill-Carrboro Head Start was awarded a three year federal grant to develop successful approaches in supporting children and families as they move from Head Start into the public schools. This is now known as the transition project. Ninety-six percent of the children participating are African-American. As the project director, Ms. Parker shared her observations. She supports a new elementary school. MARY BUSHNELL, Chair of the Chapel Hill-Carrboro Board of Education, stated that the Chapel Hill-Carrboro Board of Education has advocated for a long time for additional elementary space. It was acknowledged by the Capital Needs Advisory Committee in 1991 that this space was needed. They will be discussing the ramifications and implications of year-round education and what it will mean for the students, the community and what it could do for their capacity needs. They commend the County Manager and will work with him to look for ways of funding an elementary school for their district that will keep the impact on the countywide property tax as low as possible. Their class size of 29 to 30 is too large for the teachers to do what they need to do for these children. She is in support of dedicating the extra sales tax revenue for an elementary school. KENNETH TOUW, member of the Chapel Hill-Carrboro Board of Education, showed transparencies which illustrated the need for a new elementary school. He noted that the school buildings are aging. He compared enrollment, school space, and the number of classrooms with Orange County schools. He also voiced his opposition against multi-track, year-round schools. MADELINE MITCHELL, President of the Chapel Hill-Carrboro PTA Council, also indicated that the buildings are aging. She feels a new elementary school is needed. She is against multi-track schools. She noted that the survey conducted last year supports the fact that the citizens would have approved a bond which included an elementary school. She asked that the County consider funding a new elementary school with pay-as-you-go funds or certificates of participation or some combination. ROSETTA MOORE, representative of the northern Orange branch of the NAACP, spoke in support of the construction of a swimming pool in northern Orange County. The County has built new buildings but they do not address the basic needs of children who need help to become well adjusted adults. Too many children are not in school -- they are in the buildings but they are not in school. They do not participate in extracurriculum activities or sports. She proposed that the design of the community center be scaled down and built in stages or place the swimming pool in a school. KEITH COOK, Chair of the Recreation and Parks Advisory Council, submitted a statement which is hereby made a part of the record by reference. Speaking on behalf of over 548 residents in the community who signed in support of the activity center and pool and for the countless others who have called, written, or spoken to them about this issue, RPAC recommends that the pool project remain in the CIP, regardless of the fate of the Triangle Community Activity Center. Other items he would like to see put back into the CIP and funded at the recommended level are (1) Fairview Community Park to fund ballfield construction, (2) Recreation Centers/Park Improvements, and (3) vehicle replacement. Mr. Cook explained that they are using private fields now for baseball and they will be losing those fields in the next couple of years. GEORGE GRIFFIN, parent of two children, spoke in support of the new elementary school request. He teaches at the middle school and sees the result of overcrowding. He favors year-round schools but not multi-track schools. SARAH STEWART, teacher at Glenwood, spoke about the need for more elementary space. In Chapel Hill they are currently 200 students over capacity. They get money for head start programs but have a difficult time finding space to house these programs. She supports single tract year-round schools. She spoke in support of the swimming pool. MARY ANN COLBERT, reading teacher at Sewell and Glenwood, shared what she did this year to make her small space comfortable for her students. She is in favor of a new elementary school and single track school. TOM BROWN, Chapel Hill-Carrboro Federation of Teachers, spoke in support of education in Chapel Hill and Carrboro. All but one of their schools is over capacity. Four of the schools have been expanded to accommodate this increase in population. They ask that the Board do everything possible to fund a new elementary school by exploring all options available. ALICE MANILOFF, Principal of Ephesus Road Elementary School, talked about the new addition that they opened this year. They do have enough space at this time for students and teachers. Instead of setting up four new classrooms this year they had to set up seven. Ephesus has almost 600 children. If the growth continues they could lose that community feeling she feels is essential for schools to meet the needs the children bring with them. DIANA CAPLOR, teacher in Chapel Hill-Carrboro system, spoke in support of a new elementary school in Chapel Hill. The district capacity is 3, 175. As of March 1993, the enrollment was 3, 365. According to state projections, in four years, they will have 540 over the required enrollment. She stated that in crowded classrooms individual needs of students are not met. Students with special learning or emotional needs are not well served and the average child, whose behavior is under control, may have limited opportunity to interact with teachers. She urged the County Commissioners to support the construction of a new elementary school in Chapel Hill. CECIL CHARLES spoke in support of a new elementary school. All elementary schools are over capacity. He agrees with the Board in trying to find creative ways for cost containment. He feels that year-round education should be looked at to improve the quality of education. BETH LAMANNA, President-Elect of the Ephesus PTA, is concerned about the overcrowding conditions. The class size at Ephesus is pushing 30 kids. There is a need for more individual attention. She supports a new elementary school. HARVEY GOLDSTEIN, member of the Executive Board of the Frank Porter Graham PTA, spoke about the overcrowding conditions at Frank Porter Graham. He feels the physical environment impacts the quality of the teaching and learning that takes place. His one son is in a Children of Today and Tommorow (COTT) class and because of the overcrowding may not be in a COTT class next year and this concerns him. He supports the technology in the CIP and asked that the Board consider increasing this allocation in future years. He feels the key to economic growth is quality schools. VICKI KOWLOWITZ, member of the Glenwood PTA, spoke about the parent involvement in the school. She asked what the parents can do to help in getting more elementary space. SARAH STEWART suggested having a campaign to buy in Orange County. She feels that a "Buy Orange" campaign needs to be implemented within the County. LOIS HERRING spoke in support of the swimming pool for central Orange. She emphasized that older people also need healthy outlets. WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED John Link noted that the comments received focused on education and the proposed swimming pool project. He suggested that the Board approve those items about which there are no questions and set aside those issues that need to be further discussed. Commissioner Willhoit asked that the schedule for the energy retrofit be moved up rather than spreading it over a five year period because it does have a lasting impact and a cost reduction. If the Board does not agree with the money allocated for the schools and the pool, he would like to put monies into a utility fund for extension of the sewer line to the Buckhorn Interchange and earmark a modest amount for one time innovative projects that would not have a continuation need but would bring about a cost reduction that would have a continuing impact. Commissioner Insko clarified that if they approve the CIP this does not obligate them to expend money for the pool. This item will be placed on the next agenda for adoption of the items that are agreed upon and a possible work session for the schools and the pool. Commissioners Halkiotis, Carey and Insko stated their support of leaving money in the CIP for the pool project. VII. REPORTS A. ACCESS TO POTENTIAL LANDFILL SITES John Link stated that last year the Board requested that reports be provided through the Landfill Owners Group (LOG) that would outline the advantages and disadvantages of the potential landfill sites and an assessment of why or why not the Landfill Search Committee (LSC) voted to maintain each site under active consideration. The draft report has been provided to members of the LSC and the LOG and have been forwarded to the governmental bodies for consideration. Last year a concern had been expressed about the intrusive plan by Joyce Engineering to conduct site testing which would involve excavations. They have presented a revised plan which provides for greater soil borings and outlines in detail how these tests will be done. The LOG approved this latest plan. John Link asked that the Board consider a resolution and interlocal agreement between Orange County and the Towns of Carrboro and Chapel Hill that authorizes the Town of Chapel Hill to act on behalf of the jurisdictions comprising the LOG in exercising the statutory authority granted to each jurisdiction to conduct testing of potential sites for a sanitary landfill. The date in the amendment needs to read 6-30-94 instead of 6-30-93 . Also, Exhibit A has been revised which will permit access to all properties which have been identified at each site. Commissioner Halkiotis questioned the increase in cost to $122,000 and stated his concern about the credibility of the engineering firm. The report states that there may be increased cost above the $122,000 based on nontechnical issues that may require additional time. He feels that there are other issues such as (1) meeting the 25% recycling rate, (2) preventing illegal dumping from other counties, (3) burying cardboard, etc. , that need to be addressed before this report is approved. Commissioner Gordon made reference to site 3 noting it was taken off because of its proximity to the airport. She feels that site 3 can be used for borrow areas, yard waste, ash and other things that would not attract birds. If site 3 could be used, maybe not as much land would need to be purchased for the landfill site and there could be larger buffers to lessen the impact on the property owners. She wanted more information concerning the suitability of site 3 for a landfill. Commissioner Willhoit stated that some of that area will be used for borrow areas but they don't need to use it for yard goods. There are some power line easements. The LOG will continue to discuss the Green tract. Discussion ensued on the selection of Joyce Engineering and the process being followed. Vic Knight, local real estate agent and developer, expressed his concern about the borings which are proposed by Joyce Engineering and the proper abandonment procedures. He asked that the Board amend the resolution stipulating that the County will monitor the work being done to be sure that everything is done correctly and the abandonment is done according to State guidelines. John Link indicated that there could be a second resolution which requests that the LOG take appropriate measures to carry out the monitoring and the abandonment as required. The County plans to have someone from Environmental Health present for these borings regardless of what Joyce Engineering or the LOG wants. Reggie Gillespie, Attorney for Fox Development, spoke in opposition to the borings on site #11. He feels the level of activity has been increased. He referred to the report in the agenda package and expressed concerns about clearing and road cutting on site #11. He asked that there be competent oversight of all aspects of the work. He feels that there are less invasive, less intrusive, less destructive measures and that more work needs to be done before taking this next step. In answer to a question from Commissioner Insko, Gayle Wilson stated that the preliminary geotechnical information will be used by Joyce Engineering to develop preliminary engineering plans for each of the four sites. That information will be used to model landfills on each of the four sites to determine the fill areas, the costs, additional amenities which have to be made, etc. Actual drawings and more precise imprints of the landfill will allow the LSC to do the next level of scrutiny to rank the sites and make a recommendation to the LOG. The Board decided they would review the charge to the LSC to determine if additional guidelines need to be given to this group. Motion was made by Commissioner Willhoit, seconded by Chair Carey to adopt the resolution as stated below: A RESOLUTION AUTHORIZING THE EXERCISE OF ORANGE COUNTY'S AUTHORITY TO ENTER UPON PRIVATE LANDS FOR THE PURPOSE OF CONDUCTING SURVEYS, BORINGS, EXAMINATIONS AND APPRAISALS TO ASSIST IN THE SELECTION OF A SITE FOR A NEW LANDFILL TO SERVE ORANGE COUNTY AND APPROVING AN INTERLOCAL AGREEMENT FOR THE EXERCISE OF THAT AUTHORITY WHEREAS, Orange County is a member of the Landfill Owners' Group and is a part owner of the present Orange County Landfill; and WHEREAS, Orange County and the two other owners of the present landfill, the Town of Chapel Hill and the Town of Carrboro, have appointed a citizens' Landfill Site Search Committee to consider sites for a new landfill for Orange County; and, WHEREAS, the owners of the Orange County Landfill have appointed representatives to the Landfill Owners' Group which is considering issues related to the operation of the present landfill and possible location of a site for a future landfill; and, WHEREAS, as part of the process of evaluating potential sites for a future landfill for Orange County, it is necessary to enter upon properties which have been identified as possible sites for a future landfill; and, WHEREAS, under North Carolina law (N.C.G.S. 40A-11) , Orange County, as an agency with the authority to exercise the power of eminent domain, may enter upon lands for the purpose of making surveys, borings, examinations and appraisals as may be necessary or expedient in carrying out and performing its powers of eminent domain, specifically in this case to select a site for a sanitary landfill to serve Orange County; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the Board hereby approves the exercise of the County's authority under G.S. 40A- 11, to enter upon the lands described in Exhibit A attached hereto and incorporated herein, for the purpose of making surveys, borings, examinations and appraisals as may be necessary or expedient in selecting a site for a future landfill to serve Orange County; BE IT FURTHER RESOLVED that the Board of County Commissioners authorizes the County Manager to execute the attached interlocal agreement on behalf of Orange County with the other owners of the Orange County Landfill, whereby the Town of Chapel Hill is designated to exercise said authority on behalf of Orange County and the Towns of Carrboro and Chapel Hill, and ratifies said agreement. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Halkiotis) B. CAROLINA ACCESS PROGRAM Marti Cook explained that Carolina ACCESS is a managed care program of the North Carolina Division of Medical Assistance. The program's objectives are to improve access to primary care services for Medicaid recipients, to reduce any unnecessary or inappropriate use of medical services, and to contain overall costs. This will cost the county $2,500 annually. Other costs associated with the position such as office equipment and clerical assistance will be shared at the regular 50/50 local and federal match rate for public assistance administration. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the implementation of Carolina ACCESS in Orange County. VOTE: UNANIMOUS C. OWASA REPORT - POSTPONED D. REPORT ON UTILITY SERVICE AREA BOUNDARIES - POSTPONED VIII. ITEMS FOR DECISION - REGULAR AGENDA A. REFINANCING OF 1988 BONDS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the refinancing of 1989, 1990, and 1991 Series bonds if a minimum cumulative savings of $500,000 can be realized; authorize the County Finance Officer to work with the Local Government Commission and Bond Counsel to take all required procedural steps; and authorize the Manager and Finance Officer to execute any written agreements necessary for this refinancing. VOTE: UNANIMOUS B. BID AWARD FOR THE CEDAR GROVE COMMUNICATIONS TOWER Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to award the bid to Towercom, Inc. for the installation of a 170 foot self-supporting tower at Cedar Grove Fire Station #2 at a cost of $30,430. VOTE: UNANIMOUS NOTE: One additional bid was received from Piedmont at a cost of $36,950. C. ORANGE COUNTY AFFIRMATIVE ACTION PLAN - POSTPONED D. MONITORING AND MAINTENANCE ASSURANCE PROGRAM - POSTPONED E. COMMISSIONERS' 1993 LEGISLATIVE GOALS Motion was made by Commissioner Insko, seconded by Chair Carey to adopt the proposed resolution attached to these minutes on pages and to authorize the County Attorney to transmit the proposed local bill to the Orange County legislative delegation. VOTE: UNANIMOUS F. COUNTY MANAGER'S EVALUATION Motion was made by Chair Carey, seconded by Commissioner Willhoit to set the County Manager's salary at Grade 88, Step 6D at $88,421. VOTE: UNANIMOUS IX. BOARD COMMENTS - made at the beginning of the meeting X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS NOTE: All appointments were delayed except for the Board of Equalization and Review. Nominations for the Board of E & R were Sue Culbreth, Lightning Brown, Thomas Heffner, Scott Dorsett and Margaret Brown. The Board voted and the result was that Sue Culbreth, Thomas Heffner and Margaret Brown were selected as regular members and Lightning Brown and Scott Dorsett were selected as alternate members with Tom Heffner selected as Chair. XII. MINUTES - POSTPONED XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no other items for the Board to consider at this time, Chair Carey adjourned the meeting at 12:05 a.m. The next regular meeting will be held on Monday, April 5 at 5:30 at the Pleasant Green Community Center in Eno Township. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk