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HomeMy WebLinkAboutMinutes - 19990817APPROVED 10119/99 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 17, 1999 The Orange County Board of Commissioners met on Tuesday, August 17, 1999 at 7:30 p.m. in the Board Room at the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, 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. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA None 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda (These matters will be considered as the Board addresses the items on the agenda below.) b. Matters not on the Printed Agenda John Herrera and Mauricio Castro were representing the future Hispanic center for Orange County. They have been awarded a $75,000 grant from the Orange County Partnership for Young Children, which needs to be matched. They want to serve the entire County, and work with County government. They are excited that they can do this. They plan to bridge the gap of providing services. They need in-kind support and financial support. Mauricio Castro said that they have begun to work in cooperation with many of the services offered by Orange County. They are very excited that they are going to be able to work with all the County agencies. On September 15 , there is a scheduled forum called Building Trust, where the Human Services Advisory Commission (HSAC) will make a presentation, informing the County agencies about the needs of the Latino community. Chair Gordon said that this would be referred to the County staff. Commissioner Halkiotis, as the representative of the Board of County Commissioners on the Partnership Board, made reference to the Los Ninos report a few months ago. He said the Hispanic population in Orange County is growing faster than any other ethnic minority population in North Carolina. He does not want this process to get lost in the maze of County Government. He feels that one of the County Commissioners needs to work with the manager in making sure there is proper interfacing. He also feels there needs to be an opportunity for Chapel Hill, Carrboro, and Hillsborough to work on a proposal for a Hispanic Center to be built in Orange County. Commissioner Carey asked John Link to send the Board of County Commissioners a copy of their grant proposal. Moses Carey volunteered to be a representative from the Board of County Commissioners to liaison with the Hispanic center. Commissioner Halkiotis volunteered to co-serve with Commissioner Carey. David Caldwell spoke on behalf of the Rogers Road community. He said that out of 10 wells tested, three were contaminated. Water and sewer is close to them but not extended into their community. When site 17 was chosen years ago, he was told by several people on the governing boards that the landfill community would get water and sewer. However, when the landfill site process stopped, they did not receive anything. He feels his community is being punished. He spoke against the landfill. Commissioner Halkiotis asked John Link about the status of water and sewer on Rogers Road. John Link said that the three governing bodies have identified that water needs to be run to this community. The installation process, which will cost between $800,000 and $1,000,000, is going to be borne by the three governing bodies which make up the Landfill Owners Group. The recipients will be expected to pay the monthly charges. John Link said that there has been door to door assessments of the situation to determine who will get water. He said that the County Commissioners would consider the inter-local agreement for the management of solid waste tonight. As soon as all three governing bodies sign the agreement, the County will move swiftly in resolving this issue. Commissioner Jacobs spoke to Mr. Caldwell about the inter-local agreement and said that section six deals with financing the community benefits. He said the Commissioners and other elected boards were still committed to bringing water and sewer to the Rogers Road community. He said they have been caught up in dealing with the details of this document for half a year. Chair Gordon spoke about the process for receiving public comment. She said there will be a public hearing on the C & D site at a later time, but they will hear a few comments tonight as time permits. John Link explained the process that is being followed in siting a C&D site. Last winter the governing boards of Orange County, the Town of Carrboro, and the Town of Chapel Hill commissioned a subcommittee of the Landfill Owners Group to explore possible construction and demolition sites. The combination of that effort, which included looking at a number of sites, resulted in examination of the Guess Road and Eubanks Road sites. He explained the timetable. On September 7th the Board of County Commissioners will receive the engineers' report on their regular agenda. A public hearing would need to be held sometime during the week of September 13th. It looks like September 16 would be the date for the public hearing. Since the Board of County Commissioners will be taking responsibility for all of the landfill and solid waste operations effective January 1St, he recommends they take the lead in establishing the public hearing with the other jurisdictions. After the hearing, each board needs to make a decision on what they would recommend as the C & D site from the two sites that are now being considered. Orange County would need to make a decision by September 21St, the Town of Chapel Hill would need to make a decision by September 27th and the Town of Carrboro would need to make a decision by September 28th. They have learned that in addition to a local public hearing that the state requires, that after a decision is made there must be a public meeting where the decision is discussed publicly. This meeting would need to occur on September 29th, since the option is set to end on September 30th. An extension of the option is not a very likely alternative. He then summarized the timetable: A final report would be received on both sites by September 1St. The Commissioners would consider that report on September 7th and a public hearing would be held on September 16tH. The Board of County Commissioners would make a decision on September 21St, and the other jurisdictions would make a decision the next week. The decision would either have to be unanimous or two out of the three partners in the LOG. He then reported on the amount of money that has been spent to date on examining the two sites. The site on Guess Road has incurred an expense of $68,500. The site on Eubanks Road has incurred an expense of $25,750. The total expenses of carrying through the entire process of examining the site suitability for Guess Road is $133,000, and for Eubanks Road, $51,000. There would be additional costs for permitting the site. Commissioner Halkiotis asked that the revenue stream be identified. John Link said that the revenue will come from the Landfill Owners Group fund which is funded by users of the landfill. Commissioner Jacobs suggested that the meeting for the public hearing on September 16th be in Hillsborough. He asked if the discussion could be held earlier than the 14th. He wants to be sure that whatever happens cannot happen without the Board of County Commissioners' approval. He also asked for clarification from the County Attorney on the option and asked if the option had to be closed on September 30th. Commissioner Brown asked Gayle Wilson about the expenditures to date and the total permitting process price. She asked at what point what monies are being spent. Gayle explained the permitting process and costs. Commissioner Brown asked how much money would be spent on the Guess Road site by September 16th Gayle said $80,000 to $85,000 would be spent on the site suitability process. SPEAKERS Chair Gordon suggested that 15 minutes be allocated for public comment, since there will be a public hearing on the C & D site at a later time. Robert Fletcher, who lives 1 /2 mile from this site, said that he has examined each acre of the site very carefully and attended the meeting last week. He commended Mr. Wilson and his consultants on a good job. The consultants confirmed that zoning of this site could permit a sanitary landfill as well. The site sits approximately 140 vertical feet higher than the Little River, the site is within 130 feet of the stream that flows directly into the Little River, and the site has a 30-50-70 year operating life. He pointed out that there are two issues; water quality for tens of thousands of people, and transportation. Guess Road is a very high-speed road, and he feels that a C & D site in this area would be very unsafe. He feels that this is not an appropriate site. Mr. R. L. Forrester spoke on behalf of POPLR, People Opposed to the Pollution of the Little River. He has purchased land in this area for his entire family. POPLR would like to help the County Commissioners come up with an alternative, and they are concerned about pollution. He had all the representatives from POPLR stand up. He said that they have environmental concerns. One of the things that attracted them to Orange County was the generally good quality of life in the area. A lot of money has been spent on this process. POPLR would like to help Orange County make money another way. They are distributing a petition for those who do not want this site, and already have about 2,000 names. He said that the citizens would help with raising money and siting a C&D site elsewhere. Tom Campbell, who lives near the site, said that they hope to be able to meet with the County Commissioners individually and talk about this issue. The polluting of the Little River is of great concern. He talked about the traffic situation. The traffic is congested and people travel at a high speed. He said that the most dangerous intersection is the one at Guess Road and St. Mary's Road. The roads will be improved in about eight years, but for those eight years, the landfill site will be a dangerous situation. He said the usage level at this site would be significantly less than the usage level at the current site, because of the distance. He said that it is very difficult for them as citizens to lobby this issue because of all the governing boards that must approve this site. He asked that this be made clear as soon as possible. If they need to go to the other governing bodies and make their case, they need to know. Mary Cline, who lives on Bromley Road, said that she has written letters and made telephone calls and so far she has heard from one County Commissioner, and from a couple of her local representatives. She asked that the Board of County Commissioners rule on this and stop it. She shared her thoughts and concerns. Her concern is the location of the watershed of the Little River. This plan has many frightening aspects. She asked that common sense be used in siting a C&D waste facility. She spoke about the possibility of polluting the Little River Reservoir. Another concern is the distance between the origin of the material and the proposed dumping site, which is 23 miles of two-lane residential roads. She said that Guess Road has many hills and curves. She also spoke about the people who live in the area and are just beginning to raise their children. Northern Orange County is a farming country and in no position to compete with Chapel Hill. It has no Commissioner to represent them, and no representative. All the representatives are from Chapel Hill. Northern Orange County has nothing, no public parks, no schools, and no public facilities. Commissioner Brown made reference to a statement made by Tom Campbell and said that she would like to find out if the other three boards will give the Board of County Commissioners the authority to make the final decision on this siting process. Chair Gordon said that Hillsborough would not be involved; it would be the owners of the landfill which are Chapel Hill, Carrboro, and Orange County. The plan right now is to proceed so that all three governing bodies will be involved. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to empower Chair Gordon to ask Chapel Hill and Carrboro to cede the authority for final approval of any C & D site to Orange County. VOTE: UNANIMOUS PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Carey commended the County Attorney for receiving the award for the North Carolina Association of County Attorneys. He made reference to a letter from the County Attorney about two bills in the U. S. House and Senate that he thinks should be acted upon swiftly. He recommended the Board adopt a resolution to state the Board's opposition to these bills. A motion was made by Commissioner Carey, seconded by Commissioner Brown to ask the staff to draft a resolution stating the Board's opposition to three bills. The resolution will be added to the August 23?d agenda for approval. VOTE: UNANIMOUS Commissioner Jacobs commended Beverly A. Blythe for her position as Vice-President of the North Carolina Association of County Clerks. He asked about the request to allocate funds for the Fiesta del Pueblo for their festival it September. Albert Kittrell said that he has received a request for funds for the Fiesta del Pueblo, and it will be on the agenda for September 7th. Commissioner Jacobs asked for a summary of what happens to legislative items that are proposed by the Board. This summary should include how far the legislation went, why it didn't get further, and how it can be reworked for the next session of the General Assembly. He asked about the bilingual signage, and the signage at the Whitted Center. John Link said they would report back on the signage issues. Commissioner Halkiotis expressed appreciation for the condolences that he received last week. He thinks that it is wonderful what the citizens are doing at Fairview Park and hopes that they are not in danger. He said that there are some serious issues associated with abandoned landfills. He said that the soils have not been tested in that area and this issue needs to be dealt with before children are allowed to play in that area. He asked that this issue be discussed in September. The thing that troubles him the most is the Certificate of Liability that does not list Orange County as the owner of this property. He was troubled because he saw the Certificate that had the Mayor's name on it one day, and the next day it had been taken off. He is concerned about the dangers that may be present on this property. Commissioner Jacobs said that there would be a meeting of the Fairview Park Group on August 31 S', and they will get a report from the County Engineer for issuing an RFP to do the necessary testing of this property. He explained that Mayor Horace Johnson's name disappeared from the Certificate of Liability because he felt that it was inappropriate to have his name listed since the County owns the property. He thinks it was a question of confusion. Commissioner Halkiotis still thinks the Mayor's name disappearing was very inappropriate, and he would like the Mayor to explain to him the reasoning behind it. Commissioner Halkiotis made reference to the Creekwood subdivision and school district lines. The developers and the Chapel Hill/Carrboro City Schools think that this development is totally within the Chapel Hill/Carrboro City Schools district. He asked that this issue be totally explained at the joint meeting the County Commissioners will have with the two school districts. He wants a full explanation of this issue. Commissioner Halkiotis presented a root beer bottle. He said that he is not going to attend any more state meetings where the mentality is that bottles do not contribute that much to the landfill. The state indicated that composting was not what should be done. The state will not take the initiative to do anything. He suggested setting up a legislative subcommittee to lobby for a bottle bill. He feels the Board needs to be more active with the legislators. He suggested that he and Commissioner Jacobs work on these hot issues. Commissioner Halkiotis said that Pam Jones and he have been meeting with the judges on how to provide security for the courthouse. He encouraged the Board to have Pam and John Link to bring back a report on how visitors to the courthouse can be protected. He said there are many clients and lots of traffic, and there are some security issues that need to be bolstered. Commissioner Brown said that Commissioner Carey and she attended the National County Commissioner Association meeting in St. Louis. She attended several sessions on Welfare Reform, Job Training, and Job Link. There were several presentations on Land Use Preservation techniques. She told about the rail system in St. Louis. She said this system really serves the transportation needs of St. Louis. Commissioner Brown made reference to the North Carolina TANF housing program and said that the County can apply for money for affordable housing. She said the Board needs to move ahead now because the application needs to be sent in about six weeks. She asked if the County staff could work with those organizations that may be involved with affordable housing. There was a consensus from the Board for the staff to work with affordable housing organizations. Commissioner Brown asked about the Youth Committee Report that came to the Social Services Board today, which was initiated by Chapel Hill, and addresses the homeless children in the County. She pointed out that many of the recommendations have to do with the County. John Link said the report would be coming forward at a later meeting. Chair Gordon added her congratulations to Geoffrey Gledhill and Beverly A. Blythe. She does feel that it is important to get a report on legislative issues that were submitted for this session. On Fairview Park, she feels the Board should seriously consider turning over the land to the Town of Hillsborough. The IFC feels they will be able to find a temporary site for the homeless shelter. There is a committee that will set criteria for a future site for the homeless shelter. 4. COUNTY MANAGER'S REPORT John Link said that during the budget process, the Board of County Commissioners authorized additional hours for the solid waste convenience centers. He outlined the publicity forgetting this information out to the public. Commissioner Brown said the committee met to work on the inserts for the tax bills, and this project was completed. 5. RESOLUTIONS/PROCLAMATIONS a. Proclamation of September as United Way Month The Board considered proclaiming September 1999 as United Way Month. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION OF SEPTEMBER, 1999 AS UNITED WAY MONTH WHEREAS, it is the mission of the Triangle United Way to "increase the organized capacity of people to care for one another and WHEREAS, United Way funds health and human service programs in 27 Orange County organizations; and WHEREAS, Orange County residents generously support the United Way Campaign to meet the needs of their neighbors, and WHEREAS, community support of the United Way has really made the difference in the lives of those in Orange County who really need help; and WHEREAS, it is evident that Orange County is a caring community, much like a family; NOW, THEREFORE, we the undersigned proclaim September to be United Way month in Orange County and urge citizens to join in and actively participate in the United Way campaign and all of its activities to continue making a difference in the lives of Orange County citizens. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: a. Minutes This item was removed and placed at the end of the Consent Agenda. b. Change in Meeting Schedule The Board approved adding a joint meeting with OWASA September 2, 1999, and a joint meeting with the Town of Hillsborough September 8, 1999, to its regular meeting calendar. C. Purchase of Defibrillators for Orange County EMS The Board awarded a contract for purchase of two monitor/defibrillators to Physio Control Corporation at a cost of $15,992 each. d. Chapel Hill-Orange County Visitors Bureau Revised Bylaws The Board approved a revision in the bylaws of the Chapel Hill-Orange County Visitors Bureau to reflect its status as a County department. e. Property Tax Refunds The Board approved a refund resolution for 15 requests for property tax refunds as stated below: NAME ACCOUNT NO. AMOUNT A. M. Properties 215740 $ 389.86 A. M. Properties 215741 $ 389.86 Daniel Eskenazi 198528 $ 37.14 Jaroslav F. Hulka 23511 $ 499.68 William McDonald, Jr. & Kathryn 26303 $ 83.28 Kelly L. Madren 178289 $ 393.45 Tim R. Calland 126510 $ 221.68 Sun Forest Systems, Inc. 183516 $ 320.28 Sun Forest Systems, Inc. 201557 $ 783.83 Sun Forest Systems, Inc. 201556 $1005.40 Sun Forest Systems, Inc. 222695 $ 952.27 Sun Forest Systems, Inc. 225883 $ 262.28 Sun Forest Systems, Inc. 224821 $ 91.58 Sun Forest Systems, Inc. 222688 $ 122.41 Sun Forest Systems, Inc. 222686 $ 131.88 f. Authorization to Contract with Respite Care Providers The Board approved and authorized the chair to sign contracts with in-home respite care providers for the Department on Aging Eldercare program for fiscal year 1999-2000. g: Contract Continuation with Town of Chapel Hill for Senior Recreation Services The Board approved and authorized the chair to sign a contract with the Chapel Hill Parks and Recreation Department in the amount of $46,697 for the New Generations senior recreation program h. Continuation Aareement between UNC Hospitals and Oranae Countv foi The Board approved and authorized the chair to sign a continuation agreeme amount of $47,500 for the Department on Aging Senior Wellness program. I. Health Department Contract with UNC School of Pharmacy with the UNC School of Pharmacy in the amount of $5,000 for the school's oversight of and consultation with the Health Department's pharmacy. L Hvconeechee Regional Library Contract Agreement Renewal The Board approved and authorized the chair to sign a contract with the counties of Caswell and Person for operation of Hyconeechee Regional Library system. k. Jail Inspection Report The Board received an inspection report on the Orange County Jail conducted July 1St by the N.C. Department of Human Resources. 1. Late Applications for Homestead Property Exemption The Board approved requests for homestead property tax exemptions from Mr. August Reinhardt and Mrs. Eleanor Matthews. m. Orange County HOME Consortium Agreement The Board approved and authorized the chair to sign the HOME Consortium agreement for the period from July 1, 1999-June 30, 2002, so that the County may continue to receive federal HOME funds averaging $400,000 per year. n. Impact Fee Reimbursements This item was removed and placed at the end of the Consent Agenda. o. Housing Rehabilitation Contract Awards The Board awarded a housing rehabilitation contract using federal HOME funds with Diamond Builders, Inc. in the amount of $33,989. p. CJPP Grant Acceptance FY 1999-2000 The Board accepted a grant in the amount of $181,941 to the Orange-Chatham Justice Partnership for operation of the pre-trial release program and a probation sanctions center. g: Governor's Crime Commission Grant Award The Board accepted grant funding in the amount of $31,543 from the N.C. Department of Crime Control and Public Safety to implement a proposed Restorative Justice Program to be administered through the Dispute Settlement Center. r. Lease Approval with Alliance for Historic Hillsborough for Dickson House The Board approved and authorized the chair to sign a lease agreement with the Alliance for Historic Hillsborough for the Dickson House property for continued operation of the visitor's center. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: January 21, 1999 joint meeting with Hillsborough Board of Commissioners; February 18, 1999 regular meeting; March 30, 1999 joint meeting with Carrboro Board of Aldermen; April 20, 1999 regular meeting; May 24, 1999 quarterly public hearing; and May 27, 1999 budget public hearing. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs, to approve the minutes from the following meetings: February 18, 1999; March 30, 1999; May 24, 1999; and May 27, 1999 with the corrections as noted by the Clerk. The minutes for January 21 and April 20 will be on the next agenda. VOTE: UNANIMOUS n. Impact Fee Reimbursements The Board considered approving reimbursements of impact fees in the amount of $9,750 for Habitat for Humanity of Orange County, Inc., and $6,000 for EmPOWERment, Inc. Commissioner Brown made reference to the non-profit organizations. The affordable housing units were certified to be affordable for a minimum period of 20 years. She asked Tara Fikes how this has been achieved. Tara Fikes said that it has been certified because all the units, with the exception of two, have received Home money, and there is a dealer trust on the property that it will remain affordable for 20 years. Commissioner Brown requested a copy of the application and a copy of the regulations indicating how the units are certified. She also asked if there are any other units in the pipeline. Tara Fikes said that there is one other house in Chapel Hill in the pipeline. Commissioner Brown reminded her about the TANF grant. Tara Fikes said they have already started talking about the grant. Commissioner Jacobs asked what percentage of the impact fees that are collected are reimbursed to non- profits. John Link said it was a small percentage, and that Craig Benedict will present a report on this. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve reimbursements of impact fees in the amount of $9,750 for Habitat for Humanity of Orange County, Inc., and $6,000 for EmPOWERment, Inc. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Appointments The Board considered appointments to the Census 2000 Complete Count Committee. Craig Benedict explained the process for appointing the Committee. The purpose of the Committee is to start getting a group together to develop a schedule of events to lead up to the April 1, 2000 Census. It must be a complete community effort to ensure that the count is as complete as possible. He said there area lot of the same agencies represented in the 2000 Census that were in the 1990 Census. The Census Agency has sent some emissaries to work with Orange County to facilitate this event. Chair Gordon suggested appointing the individuals on the list and then dealing with the Chair of the Committee as a separate phase. She referred to the memo in which she recommended Rosetta Moore, James Spivey, and Grady Fullerton as a possible Chair. Commissioner Carey recommended that Sheila White from JOCCA be appointed in addition to Gloria Williams, since Gloria cannot make every meeting due to health reasons. Chair Gordon pointed out that she is already on the Committee as a Citizen. Commissioner Jacobs said that he wants to make sure the Hispanic community is adequately counted. In addition to the person from Cedar Grove Township, he would like to add someone from the southern part of the County. He suggested that a position for the Hispanic Center be added until they hire an Executive Director. Chair Gordon suggested that the Board agree that a minority representative from the southern part of the County be added, but try to figure out how to do that in the interim. Commissioner Brown said she would rather not leap too far ahead on an organization that is not even created yet. She would rather see someone added from Agriculture. She feels that the folks that aren't going to get counted are those who are living on farms and don't have their own addresses. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint the representatives for the Census 2000 Complete Count Committee as proposed in the agenda packet and at a future meeting add someone from Agricultural Extension and a minority representative from southern Orange County. VOTE: UNANIMOUS b. Tax Collector's Annual Settlement The Board considered approving the accounting of the tax collector's annual statement of current and delinquent taxes. John Link commended Ginger Rolfe and her staff on an excellent job last year on their tax collection efforts. The overall percentage of the collection is 98.51 %, and Orange County is third in the state. Ginger Rolfe said that each year she is required to make an annual settlement to the Board of County Commissioners. She sited the real estate collection rate of 99.14%, making this the fourth consecutive year that Orange County has achieved a 99% collection rate on real property taxes. She also noted that the motor vehicle tax collection rate is 92.32%. They expect this upward trend to continue. Commissioner Brown asked how they make Chapel Hill, Carrboro, and Hillsborough aware of the record. Ginger Rolfe said the report is forwarded to them, after approval by the Orange County Board of Commissioners, with a letter explaining the components to let them know their trends. This is communicated with the Finance Officer of each municipality. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the accounting of the tax collector's annual statement of current and delinquent taxes as presented by the Tax Collector Ginger Rolfe. VOTE: UNANIMOUS C. Solid Waste Management Interlocal Agreement The Board considered approval of an interlocal agreement with the towns of Carrboro, Chapel Hill and Hillsborough on solid waste management issues. John Link said that there are three changes that Chapel Hill has asked that the Board of County Commissioners consider. He went through the three changes as outlined in the abstract. He said the staff has already been working on the most complex issue, which is the transition of personnel. If the County and the towns are able to sign an agreement by September 7t", the staff believes the January 1st date is still feasable to move forward with transition. If there is disagreement, that date needs to be moved forward into year 2000. The effective date as shown on page 3 of the agreement, July 15t", is no longer valid. John Link recommends the Board approve the interlocal agreement and send word of this approval to the other jurisdictions with the expectation of the final approval by September 7t" Chair Gordon referred to the actual letter from Chapel Hill which outlines the three items. She read the language Chapel Hill wants to add to the first item, which states: "The deed to this property will include a restriction prohibiting the use of the parcel for burying solid waste or as a construction and demolition waste disposal site. This restriction would become effective at the same time that the contemplated rezoning is effective so long as zoning remains effective which allows solid waste management uses other than burial of waste, as permitted uses." Commissioner Brown asked about the public hearing mentioned on October 11th on page 38. She has questions about the timing of the signing and the effective date of the new rezoning. Commissioner Carey feels that the agreement will not be effective if the zoning is not approved. Chair Gordon said that the agreement could be signed before the zoning takes place but Orange County does not take over until the zoning is in place. Geoffrey Gledhill said that if the agreement is signed and distributed by September 7th, the effective date wil be January 1, 2000 if the conditions have been met, which are included in the inter-local agreement. Commissioner Jacobs made reference to page 13 and the 180 days after delivery of the agreement. As he understands this, the 180 days is no longer applicable. Chair Gordon said that the 180 days is the general principle, but then there is an exception to that if the agreement is signed by July 15t". If the agreement is not signed by September 7t", it will revert to the general principle, which is six months. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve the inclusion in the agreement as underlined on page 38 and summarized in the abstract. VOTE: AYES, 4; NO, 1(Chair Gordon) John Link explained that Chapel Hill's interest is that there be at least Carrboro or Chapel Hill involved with the County in addressing these fees because their opinion is that they represent a sizable population, and a fee increase has a greater impact on their jurisdiction. This is not in writing, it is his understanding from discussions with the Manager. A motion was made by Commissioner Carey, seconded by Commissioner Brown to include the county and one of the two largest municipalities in addressing fees. Commissioner Jacobs said that he is against this. He said this was basically saying, "the County and any other governments, except Hillsborough." He does not think business should be done this way. He thinks this will convey that Orange County doesn't care what Hillsborough thinks. Chair Gordon agreed. Commissioner Carey withdrew the motion and Commissioner Brown withdrew her second. Geoffrey Gledhill pointed out that the language is on page 16 and 17, and says, "the governmental fees can be approved by the County and at least one other party." The Board of County Commissioners could leave it this way or change it to say, "the County and two other parties." He said that if they are going to say, "the County and two other parties," they need to stay with the original language that was stricken through. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve the language that mayor Waldorf had in her letter that states, "the County and at least one of the two largest municipalities." This motion gives the Chair the authority to address any side affects of approval. VOTE: AYES, 3; NOES, 2 (Chair Gordon and Commissioner Jacobs) OTHER FEES By consensus, the County Commissioners decided not to change this section. JULY 15-SEPTEMBER 7 A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis, to authorize the Chair to sign a version of the agreement that changes the signing date of the interlocal agreement from July 15th to September VOTE: UNANIMOUS REIMBURSEMENT Commissioner Carey feels that the County needs flexibility in using this property. He's concerned that any of the jurisdictions can veto the Board putting a piece of this land to a public use. What may be public use now may change in fifteen years. Chair Gordon pointed out that this issue has to do with the price. She explained the rationale for the reimbursement. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to change "public uses" to "public purposes", put a period after that, and eliminate the rest of the sentence down to "disposition". Commissioner Brown said she is also concerned about the protection of the Greene Tract. She is concerned that necessities may come up and things would get dumped on the Greene Tract for a larger public purpose. She thinks the general feeling is that some of the Greene Tract should be kept as a park, with small sections used for small public purposes. VOTE: AYES, 4; NO, 1 (Chair Gordon) Chair Gordon asked if there was any more discussion on the inter-local agreement. Commissioner Jacobs asked about the advisory board meeting. The agreement says, "meeting for the first time not later than September 16, 1999." A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to change the date for the meeting of the advisory board to November 1, 1999. VOTE: UNANIMOUS Commissioner Jacobs made reference to the minutes from February 18t". On page 3, item #5, line 27, it says, "The Board agreed that there shall not be more than one elected official on this advisory commission from each jurisdiction with a ninth position for a university official." He pointed out that this sentence is no longer in the inter-local agreement. Chair Gordon does not remember this decision being made, and if it was, it was not tracked. Commissioner Carey suggested that the Board proceed with the version that was adopted and handle this refinement at a later time. Commissioner Jacobs suggested bringing the decision in the February 18th meeting to the attention of the other governmental boards. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis for the Chair to mention to the other jurisdictions that there may be a list of refinements that the Commissioners will develop; specifically, that only one elected official from each jurisdiction shall be on the advisory board. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to ratify the interlocal agreement with all the changes that were made. VOTE: UNANIMOUS The Board considered adopting a policy on open burning of construction debris for County-funded projects. John Link pointed out that Superintendent Randy Bridges was there, and wanted to recognize him. He said the first item for the Board's consideration is a letter to the Orange County School System, siting concerns about open burning, and requesting that another alternative be pursued by the Board of Education as they are addressing the site preparation for the new elementary school. The second item has to do with the Board's considering a policy that would govern how the County approves funding for other agencies who receive County funding, depending on whether or not they pursue other alternatives to open burning. Commissioner Jacobs asked that the staff investigate what options there might be in terms of rental acquisition or achieving other availability of tub grinders that would be sufficient to address this chipping. He said that selling mulch could offset some of the cost. Commissioner Brown said she would support sending the letter to the school system. She asked John Link if he knew of any immediate action that the Commissioners could take to get the school board a tub grinder. John Link said the issue was time, not cost. Mr. Bridges said he had no knowledge that the Commissioners were concerned about this, or he would have made a recommendation to the Board of Education. The goal is to have the school open by August 2000. The debris is ready to be burned now. The cost for chipping the debris would be $69,000, and the cost for hauling the items that could not be chipped would be $92,000. The issue is not money it is time. He explained that if the school is not opened by August 2000 it affects the entire system. Chair Gordon said the concern was that the area is under "Orange" and "Red" ozone alert days. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to send a letter to the Orange County School System expressing the concern of the Board about open burning. This letter will also indicate that there will be a policy forthcoming that will be very clear about the expectations of the County Commissioners on future projects. Commissioner Jacobs made a friendly amendment to the motion that if Mr. Bridges could work with this contractor to chip or haul away some of the debris the County will pay subject to the Manager's approval of the proposal. VOTE UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to extend the meeting. VOTE UNANIMOUS e. Bradford Ridge Preliminary Plan The Board considered a preliminary plan for the proposed 69.5-acre Bradford Ridge subdivision in Bingham Township near the intersection of Borland and Chestnut Ridge Church roads. Robert Davis from the Planning Department explained the plan for this subdivision, which includes 22 lots. The Planning Department is recommending that the wildlife corridor be platted as a separate lot and dedicated to the County. The developer opposed the dedication of the wildlife corridor as an individual lot. He would prefer maintaining the wildlife corridor as being owned with an easement granted to the homeowners' association. The Planning Board asked that the staff and the developer discuss the corridor dedication and try to resolve the issue. The Planning staff spoke with the developer on July 8 ", and offered to reduce the dedication from five acres to two acres with a 30-foot access easement. The developer did not decline, but wanted to think about it. The Planning Board is asking the County Commissioners to approve the proposal of the five-acre tract. The dedication of the two-acre wildlife corridor would fulfill the fee in lieu of Recreation and Parks, which is $9,555. Kevin Huggins, the developer of the proposed tract, gave a history of the dedication of the wildlife corridor. He came before the Planning Board in September 1997 with the concept plan that did not include the wildlife corridor. He did not get the preliminary plat to the Planning Board in time to meet the one-year deadline. He came back with the present plan that did not include the dedication of the wildlife corridor, and the Planning Board approved it unanimously. Four days before he was to go before the Planning Board for approval of the preliminary plat, he received a message saying they had some ideas about the wildlife corridor. He has been in contact with OWASA about these issues. He said he is not sure why the Planning Board decided to cut the corridor down to two acres. He has spoken with an attorney to find out about the access to the corridor and how it will affect the quality of life for the residents. He has also asked the attorney about liability issues and who is responsible for the easement. He does not have sufficient answers to these questions at this time. He does not understand why he is being asked to give five acres for the dedication if he is only legally required to give 1.1 acres. He said he is prepared to make a payment in lieu. Commissioner Jacobs asked if the private road was granted by right, and Planning Director Craig Benedict said no. Chair Gordon asked if it is possible for the developer to grant an extension for the Board to discuss this further. Geoffrey Gledhill said yes, but the developer would not grant the Board of County Commissioners an extension of time to discuss this item. Commissioner Jacobs said there are two different definitions on how much open space there is, page 14 says 44.6%, and page 16 says 42.7%. Robert Davis said that four acres of the land is in a one hundred-year flood plain, so it would not be suitable for building. Commissioner Jacobs asked a number of questions about the open space. Robert Davis said that the right-of-way, the electric power, and easements were all included within the open space calculations. He said the Planning Board wanted to take the opportunity to salvage the wildlife corridor, working with the existing regulations. Commissioner Jacobs pointed out that in deciding whether the road is public or private, there are environmental factors. He said it could be argued that this particular piece of property is what makes it more acceptable to recommend the private road. Chair Gordon asked if a follow-up could be done. The developer is arguing that this is beyond what the requirements would be. However, the County could require this road to be a public road. She pointed out that there is some advantage to the developer to give the five acres, because there would be no expense for a public, paved road. She asked if the Board decided to approve the five acres for the wildlife corridor, can the granting of the private road be tied to the five acres. Then if there is a court case that deletes the five acres it also deletes the private road and makes it a public road. Geoffrey Gledhill said that it is possible to tie the granting of the private road to the five acres. He said that language could be added to the resolution. Commissioner Halkiotis is concerned about having another unpaved road. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the resolution, including the easement. Geoffrey Gledhill will add the appropriate language tying the private road grant to 10 the five acres. VOTE: AYES, 4; NO, 1(Commissioner Halkiotis- does not want private roads) Commissioner Brown left at this point, 11:05 p.m. f. Proposed August 23, 1999 Public Hearing Advertisement The Board considered approving the legal advertisement for items proposed for the August 23, 1999 quarterly public hearing. Chair Gordon said that several things could be added to the meeting. There will be a notice coming out with additional items. Master parks and recreation, the national resolution legislative items, and the water and sewer boundary task force issues will be added to the meeting agenda. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the legal advertisement for items proposed for the August 23, 1999 quarterly public hearing. VOTE: UNANIMOUS y_ Wood-green Subdivision Preliminary Plan - Motion to Reconsider The Board decided to reconsider a decision denying an application for the Woodgreen Subdivision preliminary plan. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to reconsider a decision denying an application for the Woodgreen Subdivision preliminary plan. VOTE: AYES, 3; NO, 1 (Commissioner Jacobs) h. New Assistant to the Manager Position The Board was to consider a new position of assistant to the manager and amend the classification and pay plan to include the new position at salary grade 72, however, it was postponed until the next meeting. 10. REPORTS a. Report on Topics for Proposed September 2 meeting on Local Jurisdictions' Coordination to Access Jordan Lake Water Supply The Board was to consider the responses of OWASA and Chatham County regarding possible topics of discussion for the proposed September 2" d Board meeting on the coordination of access to the Jordan Lake water supply by local jurisdictions, however, it was postponed until a future meeting. Mr. Ed Kerwin, the Chair and Vice-Chair of the OWASA Board, and the two County members of the Board will be invited to the August 31St work session. 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The meeting was adjourned at 11:05 p.m. The next meeting will be held on August 23, 1999 in the courtroom of the new County courthouse in Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk 11