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HomeMy WebLinkAboutMinutes - 19950626 APPROVED 9/5/95 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 26, 1995 The Orange County Board of County Commissioners met in regular session on Tuesday, June 26, 1995 in the OWASA community meeting room, 400 Jones Ferry Road, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis 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 and Clerk to the Board Beverly A. Blythe (other staff members are identified appropriately below) NOTE: All documents referred to in these minutes are in the permanent agenda file in the Clerk's office. All ordinance amendments have been placed in the appropriate Ordinance Book in the Commissioners' library. I. ADDITIONS OR CHANGES TO THE AGENDA Appointments for the Board of Health were added to the Consent Agenda item "A" as distributed. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who want to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Mr. Philip Walker, General Manager of the Orange County Speedway, requested approved for an outdoor fireworks display for Monday, July 3. Everything has been submitted as requested by the County's Fire Marshal. He was not aware that he had to come before the Board for approval. This request was added to the Consent Agenda as item "CC". PUBLIC CHARGE Chair Carey read the public charge. III. BOARD COMMENTS - NONE IV. COUNTY MANAGER'S REPORT John Link reported that Orange County will be receiving an award from the North Carolina Association of County Commissioners for the financing package put together for the SportsPlex. The County was also awarded a CDBG grant for $387,000. He commended Tara Fikes, Director of 2 Housing and Community for her diligence in seeking housing grants for the County. V. RESOLUTIONS/PROCLAMI~TIONS A. RESOLUTION OF APPRECIATION FOR JOHN HORNER A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION OF APPRECIATION FOR JOHN HORNER ON THE OCCASION OF HIS RETIREMENT AS ORANGE COUNTY TAX COLLECTOR WHEREAS, John Horner has served the citizens of Orange County faithfully for more than 31 years; and WHEREAS, he has served with honor, integrity and distinction as Orange County's tax collector since 1978; and WHEREAS, he has consistently combined an extremely effective program of tax collection with unparalleled customer service in his management of the Orange County Revenue Office; and WHEREAS, John Horner has announced his retirement from his duties as Orange County Tax Collector as of June 30, 1995; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of County Commissioners does hereby recognize John Horner for his superb leadership as Orange County Tax Collector and Revenue Director and for his faithful service to Orange County for more than 31 years; and FURTHER, BE IT RESOLVED that the Orange County Board of County Commissioners expresses its appreciation to John HORNER for his hard work, integrity, and fairness in discharging his duties on behalf of Orange County citizens and offers its heartfelt congratulations and best wishes upon the occasion of his retirement. VOTE: UNANIMOUS B. RESOLUTION TO ENTER INTO A LEASE AGREEMENT WITH THE INTERFAITH COUNCIL FOR PROJECT HOME START John Link said that on February 6 the Board of County Commissioners (BOCC) requested that the Inter-Faith Council and the Orange-Durham Coalition for Battered Women return to the Board with a specific report detailing the progress of Project Home Start, including a preliminary long-range financial plan, a lease arrangement between the County and the IFC, and site plans pertaining to the three acre parcel. Chris Moran from the InterFaith Shelter said that HUD has received and approved all second submission paperwork and will give final approval to the Inter-Faith Council when there is site control (a formal lease) and when the balance of the capital funds is in hand. A proposed site plan and floor plan have been designed and the Town of Chapel Hill has agreed to waive all permitting fees and to expedite the zoning process. A preliminary long-range funding plan for operating expenses after 1997-98 has been developed. Mr. Giles from GGA Architects presented the site plan. Discussion ensued on access issues which will be discussed further with the Chapel Hill Planning Board. Also, Commissioner Gordon expressed concern that the proposed sewer line to the site cuts through the rest of the County's property, rather than following the road, thereby potentially jeopardizing. the County's ability to use the property. She asked that the 3 Board of County Commissioners have an opportunity to review the soon-to- be-completed Master Plan for the County's Homestead Road property before plans for the sewer line are finalized. The final plan will come back to the County Commissioners in late August or early September for their approval. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to (1) receive the update as information and (2) approve the adoption of a resolution as stated below to enter into a lease agreement with the. Inter-Faith Council for Project Home Start. A RESOLUTION AUTHORIZING THE COUNTY TO ENTER INTO A LEASE AGREEMENT WITH THE INTER-FAITH COUNCIL FOR SOCIAL SERVICE WHEREAS, there is a critical need for transitional housing for homeless families, including battered women and other low-income individuals in Orange County; and WHEREAS, the Inter-Faith Council for Community Service (IFC) has applied for and received $1.783 million dollars from the US Department for Housing and Urban Development for Project Home Start based on the model proposed by the County's Emergency Family Support and Shelter Task Force; and WHEREAS on February 6, 1995, the County Commissioners adopted a motion to approve a long-term lease for a site located on the County's property on Homestead Road for the specific purpose of transitional family housing provided by Project Home Start; and WHEREAS, the County staff has drafted a 15-year lease agreement that has been reviewed by the IFC staff, legal counsel and IFC Board of Directors; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners approves the lease agreement between the County and the Inter-Faith Council for Project Home Start, and hereby authorizes the Chair to sign on behalf of the Board and the Clerk to the Commissioners, to attest the lease and memorandum thereof. VOTE: UNANIMOUS C. RESOLUTION RESPONDING TO THE PUBLIC WATER AND SEWER SERVICE BOUNDARY TASK FORCE A resolution was presented for consideration of approval which (1) adopts the proposed (or "straw") boundaries which delineate the utility service areas; and (b) recommends that the Public Water and Sewer Service Boundary Task Force continue working as necessary to develop a consensus as to strategies which will address outstanding issues and concerns related to the activities and responsibilities of the utility providers within those service areas. Chair Carey reported that when the Task Force meets they will discuss those issues which are still unresolved. Also, they will include the other utilities in Mebane and Durham, at some point in the future after the Orange County issues are resolved. Commissioner Gordon asked that the adoption of this resolution be delayed because they have not had a public hearing and she feels the original group needs to reach agreement on the outstanding issues before taking to public hearing or getting other jurisdictions involved in the process. After further discussion, a motion was made by Commissioner Gordon, seconded by Commissioner Crowther to table adopting this resolution until the issues are worked out and a public hearing is held. VOTE: UNANIMOUS 4 D. RESOLUTION GRANTING THE CABLEVISION INDUSTRIES THE CONSENT TO TRANSFER CABLE SYSTEM TO TIME WARNER, INC. Cablevision Industries has requested the transfer of its CATV franchise and control of its cable system to Time Warner. Bob Gwyn, Chair of the Cable TV Citizen Advisory Committee and Bob Sepe, Consultant from Triangle J Council of Governments outlined their concerns which are listed in the agenda and in the resolution as stated below. Bob Gwyn emphasized that the role of the Advisory Committee is to protect the interest of the citizens in Orange County. He asked that the Board of County Commissioners approve the resolution contingent upon Time Warner, Inc. doing what the resolution stipulates. Chuck Anderson from Cablevision Industries asked that the resolution be approved without the conditions and requirements as stated in the resolution. He said that they are confined by the Ordinance to provide services and sees no need for the conditions. Barry Wilson, Senior Vice-president of Cablevision Industries said that if the resolution cannot be approved without the conditions that he be allowed additional time to work with the County to resolve the issues and concerns. They agree with the first two paragraphs but not the remainder of the resolution. Chair Carey said that the reason for having a committee is to go through the financial documents and give them a recommendation. With regards to passing the cost through to the consumers, they will at least have a choice. A motion was made by Commissioner Willhoit, seconded by Chair Carey to adopt the resolution as attached to these minutes on pages granting the consent of Orange County to the transfer of control of Alert Cable TV of North Carolina, Inc. and its cable television system from Cablevision Industries Corporation to Time Warner, Inc. VOTE: AYES, 4; NOS, 1 (Commissioner Crowther) E. INDUSTRIAL RAIL ACCESS FOR BUILDERS' SUPPLY Ted Abernathy, Economic Development Director, asked the Board of County Commissioners to consider a Resolution of Support for an industrial project in Orange County's portion of Mebane's extra-territorial jurisdiction that has been allocated 50~ funding for rail spur installation by the NC Dept. of Transportation, Rail Division. A motion was made by Commissioner Crowther, seconded by Chair Carey to approve the Resolution of Support for the proposed Mebane location of Builders' Supply and Lumber Company, Inc. as stated below: RESOLUTION IN SUPPORT OF BUILDERS' SUPPLY AND LUMBER USING NCDOT RAIL INDUSTRIAL ACCESS FUNDS FOR THE ESTABLISHMENT OF AN INDUSTRIAL FACILITY IN ORANGE COUNTY WHEREAS, Orange County supports business and industrial development in appropriately zoned locations throughout the County; and WHEREAS, Builders' Supply and Lumber proposes to develop a 21.5 acre tract of land along E. Washington Street in Mebane's ETJ as a manufacturing and 5 distribution facility that will employ approximately 100 people and invest at least $5,000,000 in buildings, land, and equipment; and WHEREAS, on June 2, 1995, the NC Dept. of Transportation Board approved a request for a maximum of $80,587.50 of Rail Industrial Access Funds to pay for up to 50~ of Builders' Supply and Lumber's projected expense for serving their Mebane site with a rail spur; and WHEREAS, Builders' Supply and Lumber will pay the remaining portion (50~) of this rail access project costs to serve their site; and WHEREAS, Orange County will not be responsible for any costs associated with providing rail to this proposed site for Builders' Supply and Lumber. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners support this project in principle, and authorize Builders' Supply and Lumber Company, Incorporated to enter into a contract with the NC Department of Transportation and execute all agreements and contracts with the North Carolina Department of Transportation, Rail Division. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve those items on the Consent Agenda as listed below: A. APPOINTMENTS The following appointments were approved: ECONOMIC DEVELOPMENT COMMISSION Bev Webb (new appointment) for a term ending June 30, 1998 William Bracey (reappointment) for a term ending June 30, 1998 Keith Coleman (new appointment) for a term ending June 30, 1998 Cathy Carroll (reappointment) for a term ending June 30, 1998 HUMAN RELATIONS COMMISSION Mariah McPerson (unexpired term) ending December 31, 1996 DOMICILIARY HOME ADVISORY COMMISSION Lori Anne Shapiro (new appointment) ending June 30, 1996 Louise Long (reappointment) ending June 30, 1997 BOARD OF HEALTH Dr. Jonathan Klein (physician) for a term ending June 30, 1998 Dr. Barry Adler (optometrist) for a term ending June 30, 1997 Dr. Ron Cammarata (veterinarian) for a term ending June 30, 1996 Timothy Ives (pharmacist) for a term ending June 30, 1998 8. MINUTES The Board approved the minutes for May 1, 16, 17, and 25, 1995 as presented. C. APPOINTMENT OF TAX ASSESSOR The Board reappointed Kermit Lloyd as Orange County Tax Assessor for a period of two years, effective July 1, 1995. 6 D. 1994-95 AUDIT CONTRACT The board approved and authorized the Chair to sign the audit contract with Deloitte & Touche for fiscal year 1994-95 for a fee of $54,500. E. ORANGE COUNTY LANDFILL TIPPING FEES The Board approved tipping fees for 1995-96 of $31/ton for mixed solid waste, $17/ton for ash, and $10/ton for brush/clean wood waste. F. WAIVER OF NOMINAL TAX BILLS The Board adopted the resolution as stated below to waive billing and collection of tax notices that do not exceed $5.00: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION DIRECTING THE TAX COLLECTOR TO TREAT AS FULLY PAID PROPERTY TAX BILLS THAT DO NOT EXCEED $5.00 WHEREAS, Senate Bill 167 was ratified by the North Carolina General Assembly on April 6, 1995; and WHEREAS, Senate Bill 167 allows boards of county commissioners to waive billing and collection of certain property taxes not greater than $5.00 when the cost of billing and collecting those taxes exceeds the amount of taxes that would otherwise be due; and WHEREAS, staff analysis indicates that the average cost of billing and collecting each tax bill prepared is just over $7.00; and WHEREAS, the Orange County Board of Commissioners adopted as a legislative goal for 1995 the authority to waive billing and collection of taxes on property valued at $3.00 or less; and WHEREAS, Senate Bill 167 accomplishes a similar purpose as that sought by the Orange County Board of Commissioners; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby direct the Orange County Tax Collector to treat as fully paid those tax bills that do not exceed $5.00, and to make all reports required under Senate Bill 167; and FURTHER, BE IT RESOLVED that this resolution shall become effective 30 days after adoption, pursuant to the provisions of Senate Bill 167. G. TRIANGLE AREA WATER SUPPLY MONITORING PROJECT The Board approved and authorized the Chair to sign the Amendment to Interlocal Agreement and County's continued participation in the Water Quality Monitoring Project for four more years in accordance with the resolution as presented in the agenda. H. AGREEMENT BETWEEN ORANGE COUNTY AND NORTHEN, BLUE, ROOKS, THIBAUT, ANDERSON AND WOODS, L.L.P. FOR LEGAL SERVICES The Board approved and authorized the Chair to sign an agreement between Orange County and Northen, Blue, Rooks, Thibaut, Anderson and Woods, L.L.P. for DSS legal services. I. AGREEMENT BETWEEN ORANGE COUNTY AND UNC HOSPITALS FOR MEDICAID CASEWORKERS The Board approved and authorized the Chair to sign an agreement between Orange County and UNC Hospitals for two hospital based DSS Medicaid Intake Caseworkers. These two caseworkers will conduct interviews and initiate Medicaid applications. J. AGREEMENT BETWEEN ORANGE COUNTY AND THE UNIVERSITY OF NORTH CAROLINA HOSPITALS FOR SOCIAL WORKER I The Board approved and authorized the Chair to sign an agreement between Orange County and the University of North Carolina Hospitals for a Social Worker I to provide referral and counseling services eight (8) hours per week at the Obstetrics and Gynecology Clinic. K. CONTRACT BETWEEN THE UNC SCHOOL OF DENTISTRY AND THE OCHD FOR THE SMART START PROJECT The Board approved and authorized the Chair to sign a contract between the UNC School of Dentistry and the Orange County Health Department for the coordination of a dental screening program for 0 to 5 year old children funded by Smart Start. Approximately 1,500 children will be screened in 75 day care centers and family day care homes. L. 1995-96 CONTRACT BETWEEN THE NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES AND THE ORANGE COUNTY HEALTH DEPARTMENT The Board approved and authorized the Chair to sign the annual consolidated contract which covers fifteen (15) programs at a cost of $491,014 subject to the endorsement of the County Attorney and County Purchasing Director. M. BID AWARD - IBM RISC 6000 WORKSTATION FOR ORANGE COUNTY SHERIFF The Board approved a bid for the purchase of an IBM RISC 6000 Workstation for the Orange County Sheriff from IBM of Raleigh North Carolina for a total cost of $42,564.00 and authorized the subsequent purchase of additional workstations for which funds are allocated in the 1995-96 budget. This was the only bid received for this project. N. HYCONEECHEE REGIONAL LIBRARY The Board approved and authorized the Chair to sign the renewal contractual agreement between the counties of Caswell, Person and Orange. O. CARRBORO BRANCH LIBRARY The Board approved and authorized the Chair to sign the contractual agreement with Chapel Hill-Carrboro Schools in order to continue Public Library Service in the McDougle Middle School. P. PROPERTY TAX REFUNDS The Board approved the following property tax refunds: NAME ACCOUNT # AMOUNT Dana Commercial Credit 81907 $ 110.94 Michael R. Ford 136653 806.80 Lois W. Hughes 181983 144.15 John Randolph Segar, Jr. 37048 12,858.00 Q. SECTION 8 PROGRAMS - ANNUAL CONTRIBUTIONS CONTRACTS AND ADMINISTRATIVE PLAN 8 The Board approved the resolution stated below which authorizes the execution of Replacement Annual Contributions Contracts and Form 50071, Certification for Contracts, Loans and Cooperative Agreements for the Section 8 Certificate Program after review and approval of the County Attorney and to authorize the County Manager to approve and submit the Section 8 Program Administrative Plan and future minor revisions to HUD for approval. RESOLUTION AUTHORIZING THE EXECUTION OF REPLACEMENT ANNUAL CONTRIBUTIONS CONTRACTS WHEREAS, the Orange County Housing Authority (herein called the "PHA") anticipates entering into Replacement Annual Contributions Contracts (herein called the "Contracts") from time to time with the United States of America, Department of Housing and Urban Development (herein called the "Government") for expiring certificates and vouchers in the Section 8 Existing Program. NOW, THEREFORE, BE IT RESOLVED BY THE PHA AS FOLLOWS: Section 1. The Chair of the Orange County Board of Commissioners is hereby authorized to execute, on behalf of the PHA, following review and approval of the County Attorney, future replacement contracts for Section 8 Housing Projects numbered 2903-E and 2903-V. The Clerk to the Board of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such replacement contract and to forward executed replacement contracts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting documentation, for payment under the contracts. Section 3. This Resolution shall take effect immediately. R. EMPLOYEE ASSISTANCE PROGRAM CONTRACT RENEWAL The Board approved continuation of the Employee Assistance Program contract with Human Affairs International for the period July 1, 1995 through June 30, 1996 and authorized the Chair to sign. S. LEASE RENEWALS FOR NUTRITION SITES AND DAY CARE SITES The Board approved and authorized the Chair to sign lease renewals for Wake Opportunities, JOCCA and Community School for People Under Six through June 30, 1998. T. LEASE RENEWAL FOR THE MOODY BUILDING This item was removed from the Consent Agenda and considered immediately after the vote on the Consent Agenda. U. LEASE RENEWAL FOR THE GRAHAM BUILDING The Board approved and authorized the Chair to sign the lease renewal with Hillsborough Savings Bank, Inc. for the Graham Building, 118 9 North Churton Street in Hillsborough for a three year term through June 30, 1998 . V. LEASE RENEWAL FOR THE DICKSON HOUSE The Board approved and authorized the Chair to sign the lease renewal with the Hillsborough Chamber of Commerce through June 30, 1998 for the Dickson House at $125 per month. W. JAIL MEDICAL SERVICES CONTRACT RENEWAL The Board approved and authorized the Chair to sign the renewal of the Jail Medical Services contract with Orange Family Medical Group through June 30, 1996 for a sum of $16,500 per year. X. MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY AND THE STATE OF NC DEPARTMENT OF MOTOR VEHICLES The Board approved and authorized the Chair to sign the renewal of the Memorandum of Understanding between Orange County and the State-DMV for space leased by the County and used as the Driver License Bureau in Carrboro Plaza for a term through January 31, 1998. Y. CRIMINAL JUSTICE PARTNERSHIP PROGRAM SERVICE CONTRACTS The Board approved and authorized the Chair to sign the contracts for pre-trial release and substance abuse services for the Criminal Justice Partnership Program. Z. Z-5-95 PIEDMONT QUALITY ELECTRIC ZONING ATLAS AMENDMENT The Board approved a proposed Zoning Atlas Amendment in Cedar Grove Township to correct an error in the Atlas. The property is located at the southeast corner of NC Highway 86 North and Walnut Grove Church Road. This amendment will correct the Zoning Atlas from Agricultural Residential to Neighborhood Commercial as per the Planning Board recommendation. AA. BUDGET ORDINANCE AMENDMENT #13 The Board approved the following budget ordinance amendment, grant project ordinance and capital project ordinance: GENERAL FUND Source - Intergovernmental Appropriation - Human Services (To budget JOBS reallocation from the Source - Intergovernmental Charges for Services Appropriation - Human Services (To budget State and Medicaid revenue for the Health Department) Source - Charges for Services Appropriation - Human Services (To budget for additional registration and rental fees for Senior Centers) Source - Miscellaneous (Revenue) Appropriation - Human Services (To budget for monies donated by Duke for fans for seniors) $ 114,395 114, 395 State) 6, 379 31, 000 37,379 18, 464 18, 464 575 575 Power 10 Source - Charges for Services 8,100 Appropriation - Public Safety 8,100 (To budget for funds received from UNC for special events coverage by deputies) Source - Intergovernmental 3,150 Charges for Services 23,000 Miscellaneous (Revenue) 1,475 Appropriation - Public Safety 27,625 (To budget unanticipated revenue for Sheriff's Department) Source - Intergovernmental 16,000 Appropriation - Public Safety 16,000 (To budget unanticipated revenue for Sheriff's Department) Source - Intergovernmental 5,428 Appropriation - contributions to Outside Agencies 5,428 (To budget for additional CBA funds) Source - Miscellaneous (Appropriation) (8,000) Appropriation - Contributions to Outside Agencies 8,000 (To budget for Contingency appropriation for Orange County Radio Amateurs, Inc.) Source - Miscellaneous (Appropriation) (300,286) Appropriation - Community Maintenance 6,685 General Administration 24,415 Tax and Records 43,880 Community Planning 13, 410 Human Services 127,705 Public Safety 59,170 Public Works 25,021 (To allocate career growth and performance to County departments) Source - Miscellaneous (Appropriation) (50,000) Appropriation - Transfer to Other Funds 50,000 (To transfer Human Services Reform funds to Human Services Automation Capital Project) EFLAND SEWER OPERATING FUND Source - Charges for Services 12,400 Interest Earnings 450 Appropriation - Public Works 12,850 (To budget for additional revenues received in the Efland Sewer Operating Fund) COPS FAST PROGRAM GRANT PROJECT ORDINANCE Source - Intergovernmental (1995-96) 25,108 - Intergovernmental (1996-97) 25,108 - Intergovernmental (1997-98) 24,784 - General Fund Operating Match (1995-96) 8,369 - General Fund Operating Match (1997-98) 9,750 - General Fund Operating Match (1998-99) 10,904 Appropriation - Public Safety - COPSFAST 104,023 HUMAN SERVICES AUTOMATION PROJECT CAPITAL PROJECT ORDINANCE Source - Transfer from County Capital Reserve Fund (1992-93) 12,900 - Transfer from General Fund (1993-94) 45,000 - Transfer from General Fund (1994-95) 158,530 11 - Intergovernmental - DSS (1992-93) 27,100 - Intergovernmental - DSS (1993-94) 15,000 - Intergovernmental - DSS (1994-95) 34,955 - Intergovernmental - Child Support (1994-95) 7,310 Appropriation - Human Services Automation Project 300,795 BB. AGREEMENT BETWEEN ORANGE COUNTY PARTNERSHIP FOR YOUNG CHILDREN AND ORANGE COUNTY The Board approved and authorized the Chair to sign an agreement with the Partnership for Young Children (Smart Start) for establishing a comprehensive automated information and referral system for human services. ADDED ITEM CC. FIREWORKS PERMIT FOR THE ORANGE COUNTY SPEEDWAY The Board instructed County Staff to issue this permit if it is in accordance with the regulations as set forth in policy dated January 18, 1994. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA T. LEASE RENEWAL FOR THE MOODY BUILDING Commissioner Gordon indicated that the outside of the Moody Building is in need of repair. Purchasing Director Pam Jones said that the landlord is responsible for the upkeep of the outside of the building. She will ask the landlord to respond accordingly. A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to approve and authorize the Chair to sign a lease renewal for the Moody Building, 103 Laurel Avenue, Carrboro through June 30, 1998. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. I-40/OLD N.C. 86 ECONOMIC DEVELOPMENT DISTRICT Planning Director Marvin Collins presented for Board consideration of approval an amendment to the I-40/Old NC Highway 86 Economic Development District (EDD) to include the area on the west side of NC 86 between Cates Creek and Oakdale Drive. He made reference to page three of the agenda abstract which gave a comparison of permitted use options showing the staff proposal, Old NC 86 group proposal, Cornwallis group proposal, Planning Board proposal and Planning Board vote. A motion was made by Commissioner Gordon to include the area in the EDD with secondary status instead of primary. MOTION DIED FOR LACK OF A SECOND Dick Cunningham, Vice-president of the Cornwallis Homeowners Association, presented a petition signed by 89 households which read as follows: PETITION REQUEST FROM CORNWALLIS HILLS SUBDIVISION 12 We the undersigned residents of the Cornwallis Hills community, do hereby request that the Orange County Commissioners reject the recent recommendation by the Orange County Planning Board to allow retail sales on the property adjoining Cornwallis Hills subdivision. We in Cornwallis Hills have in the past and continue to support the EDD. We however feel that retail trade and sales are incompatible when placed so close to a large residential neighborhood with children. Our concern is that these businesses may increase late night traffic and noise, create an unsavory environment and most importantly may compromise our community safety. The Community of Cornwallis Hills strongly disagrees with the recommendation that retail businesses be allowed on the west side of Old 86, a use that was only very narrowly recommended by the Planning Board. We believe that growth is important and needed but that this 20 acres adjoining Cornwallis Hills is not appropriate for retail businesses. Mark Johnson spoke in support of designating the area as Secondary Development Area and not Primary I. Tom Horn asked that development not be restricted in the area. He feels that restaurants should be included. Commissioner Willhoit feels the area should be something less than Primary I. He suggested calling it something other than Primary I. Commissioner Gordon feels that retail sales should be removed from consideration for this area. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to eliminate retail sales as a permitted use and call the area primary overlay. VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Crowther and Halkiotis) A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve an amendment to the I-40/Old NC Highway 86 Economic Development District to include the area on the west side of NC 86 between Cates Creek and Oakdale Drive with the permitted uses as recommended by the Planning Board except that the Retail Sales permitted use and the Assembly facility (2) permitted use would require a Special Use Permit. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) VOTE: AYES, 4; NOS, 1 (Commissioner Crowther) B. 1995-96 BUDGET, CAPITAL AND GRANT PROJECT ORDINANCES A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the 1995-96 Orange County Budget Ordinance as presented and as included in the Budget Ordinance Book in the Commissioners' Library. A motion was Commissioner Halkiotis Project Ordinances as VOTE: UNANIMOUS A motion was Commissioner Gordon to presented. made by Commissioner Gordon, seconded by to adopt the County Capital and School Capital presented. made by Commissioner Halkiotis, seconded by adopt the 1995-96 Grant Project Ordinances as VOTE: UNANIMOUS 13 A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the 1995-96 Salary Schedule to be effective July 3, 1995. VOTE: UNANIMOUS A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to adopt the revisions to the Personnel Ordinance as presented. VOTE: UNANIMOUS C. INTERIM EXPANSION OF LANDFILL OWNERS GROUP John Link explained that the governing bodies established this spring the Landfill Reorganization Working Group to consider and develop recommendations on the best structure for intergovernmental cooperation in the ownership and financing of the next landfill. Because of upcoming issues that must be addressed, the LOG is asking each governing body to consider an interim expansion of the current LOG with the understanding that more fundamental and permanent changes will be made later. Each of the owners would be represented by two or three elected officials. Each owner would cast only one vote, but the additional members would help expand their perspective and bring the governing bodies closer to the development of final policy recommendations. A motion was made by Commissioner Crowther, seconded by Chair Carey to approve the interim expansion of the LOG as stated above and to appoint Commissioners Halkiotis and Willhoit to serve on this expanded LOG Committee . VOTE: UNANIMOUS D. BID AWARD/CONTRACT APPROVAL FOR THE SADDLE CLUB ROAD SOLID WASTE CONVENIENCE CENTER CONSTRUCTION Bids for the Saddle Club Road Center were much higher than expected. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to postpone a bid award decision until August 3 and forward comments to the County Manager before that time. VOTE: UNANIMOUS E. REJECTION OF BIDS - COURTHOUSE/JAIL PROJECT Bids for the courthouse/jail project were much higher than expected. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to reject all bids received on June 8, 1995 for construction of the Jail/Courthouse Project and authorize the Staff to pursue alternatives to project construction. VOTE: UNANIMOUS F. RECOGNITION OF HEROISM (Policy # 0210) A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve as presented by staff with the addition that recommendations will be made by the EMS Advisory Council to the County Commissioners for their consideration before making the awards. VOTE: UNANIMOUS 14 X . REPORT S A. STATUS REPORT ON THE CONCEPT PLANS APPROVED IN STONEY CREEK AREA Planning Director Marvin Collins presented information as contained in the agenda. He showed on a large map the four concept plans that have been received between September, 1994 and February, 1995. Commissioner Gordon suggested revisiting the provisions of the dedication of land or payment-in-lieu provisions in the Subdivision Ordinance. Discussion ensued on the conservation areas, nature trail, wildlife corridor, etc. Mr. Collins said that a conservation easement could sit on top of this land and provide more protection than the wetlands or stream buffer requirements. Commissioner Willhoit stated he likes the idea of folding the recreation area into the greenway concept. It was decided to show the plan to the county schools to see if they are specifically interested in a school site in this area. The parcel referred to as a location for a park may be appropriate for a school site. Also, Commissioner Willhoit asked that the concept plans be shared with the Stoney Creek Study Committee. Commissioner Gordon suggested taking to public hearing in August the dedication of land/payment-in-lieu provisions. This report was received as information. XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. CLOSED SESSION - NONE XIV. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on Thursday, August 3, 1995 in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk