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HomeMy WebLinkAboutMinutes - 19990929APPROVED 1217199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING CONTINUED FROM SEPTEMBER 21, 1999 SEPTEMBER 29, 1999 The Orange County Board of Commissioners met on Wednesday, September 29, 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: RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. Chair Gordon called the meeting to order. She announced that Chapel Hill, Carrboro, and Orange County have all signed the Interlocal Agreement for Solid Waste Management. They will be awaiting Hillsborough's response. 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Gordon added to the Consent Agenda, item B, Appointments for the Commission for Women, accepted the additions and corrections to agenda items 8D and 8E as previously distributed, and added as item 8R, Amendment to Cooperative Agreement with the U. S. Department of Housing and Urban Development. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon stated that citizens who have indicated a desire to speak on items that appear on the printed agenda would be recognized at the appropriate time. b. Matters not on the Printed Agenda - NONE 3. BOARD COMMENTS Commissioner Jacobs asked if the interim report on the homeless shelter would be available soon. Chair Gordon said that the two co-chairs are working on the report and it should be available soon. Commissioner Jacobs asked that the items that are pending be put back on the agenda as soon as possible. He specifically would like information on the signage at the Whitted Building. He asked staff to come back with a recommendation on creating a sister-county relationship with a county in the east that has been devastated by Hurricane Floyd. Several candidates that come to his mind are Johnston County, Pitt County and Edgecombe County. He would like the staff to look into the legal ramifications and see what those counties need right now. He would like to volunteer personally, but he would rather the County do some things together both formally and informally. Commissioner Halkiotis suggested that Orange County adopt Edgecombe County. He asked the Manager to contact the Edgecombe County Manager and get specific information on what help is needed. John Link said that he endorses this idea. However, he thinks the Board should look at what the County Commissioners Association and the League of Municipalities are doing in terms of trying to network resources with need. He said there might be other counties that have particular needs that Edgecombe County does not have. Commissioner Halkiotis distributed a bumper sticker and a brochure to promote the countywide literacy initiative. He said this literature is what the County helped finance a couple of weeks ago. Secondly, he would like to have a report on US 70. There are too many tractor trailer trucks on this road and it is crumbling. This is a dangerous situation and he would like to know what is happening long-term on this problem. Commissioner Jacobs said that one of the things the Board proposed was that there be a legislative study commission to look at how counties could have more authority over some of the transportation matters within their jurisdiction. He said he would like to put this on one of the Board's next work session agendas and invite the DOT administration to a meeting and raise some of these highway issues. Commissioner Brown asked the Board of County Commissioners about the Rogers Road waterline extension. She feels that the County Commissioners should extend this waterline and not delay by reconvening the subcommittee of the LOG. Commissioner Halkiotis said that he and Commissioner Jacobs plan to meet with County Engineer Paul Thames on October 6t" about this issue and will bring back suggestions to the Board. Chair Gordon distributed a pamphlet from the Triangle J Council of Governments report and made reference to the Neuse River rules. She noted that the areas that are affected by the rules are in the Triangle region and she does not understand why. Commissioner Carey said that the entire basin would be affected and TJCOG wants to get all the input they can. Chair Gordon said that she thought these rules were passed at New Bern. Commissioner Carey said that the goals have been adopted. Chair Gordon said that the goals are fairly stringent. She will try to get more information. Commissioner Halkiotis asked how this fits in with allowing people to locate hog farms and sewage treatment plants in the floodplain which basically poisons the water supply in eastern North Carolina. He agrees with what TJCOG is saying, but feels it should be done statewide. Commissioner Carey said that he feels they are doing this statewide. He said that the goal is to reduce the nitrogen levels by 30% within a five-year period. They are trying to control both urban and farm runoff. This is a major effort that has not previously been done in the state. Commissioner Brown asked if the commission that Commissioner Carey is on has addressed the entire management of the basin. Commissioner Carey said that all the municipalities are under these constraints and are subject to the rules. He said that including the control of farm runoff is a major step for North Carolina. Commissioner Brown was thinking more about the management of the dam. She asked if there was an overall view of releasing the water to prevent flooding. Chair Gordon asked if the storm water management rules only apply to the Triangle and the upper Neuse River basin areas. Commissioner Carey said the rules that he is familiar with apply to the entire basin, not just the upper basin. Commissioner Carey will get a copy of the rules and distribute to the County Commissioners. 4. COUNTY MANAGER'S REPORT John Link said he had nothing to add to what he shared about the coordination efforts about the flooding in the east. 6. RESOLUTIONSIPROCLAMATIONS a. Construction and Demolition Landfill Siting Chair Gordon explained that there are four different resolutions. She would like to first discuss the Guess Road site then the Eubanks Road site. In terms of the Guess Road site, there are two resolutions; one is to consider the site further (Resolution A), and the second one is to reject the site and let the option expire (Resolution B). A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to pass Resolution "B", indicating Orange County's intention to eliminate for further consideration the development of a construction and demolition landfill on the 178-acre parcel of land near Guess Road. Commissioner Carey said that he has come to the conclusion that he cannot support a C&D site at Little River. In view of the fact that both of the sites are in the watershed, he feels that it would be unnecessary to impose a risk of that nature. He feels there needs to be an alternative site for C&D waste. He supports the motion that the Board proceed with the Eubanks Road site until other alternatives are found. Commissioner Halkiotis feels Orange County has no responsibility to provide a C&D site. If the County Commissioners are going to dismiss Guess Road, then he feels they need to consider dismissing the Eubanks Road site. He said Orange County does not need a C & D site, they need a financing package to take care of the recycling programs that C & D disposal has been financing and funding. He feels this waste does not need to be put in the ground. He feels that what is fair for Guess Road is fair for Eubanks Road. He said money must be spent to protect the land, and that means everyone will have to put out a few more dollars to finance the recycling programs and reduce the waste. He does support Resolution "B", and he also supports Resolution "D". Commissioner Jacobs said that he supports Resolution "B", and he distributed an outline of how he feels the County Commissioners should proceed. He pointed out five reasons why the Little River site is inappropriate. These five reasons are as follows: Orange County's historical commitment to watershed protection, transportation issues, the excessiveness of a 60-year burial horizon, regional cooperation, and the safety of disposal at the site. He would like to suggest that the Board direct the Planning Board and the Commission for the Environment to work with appropriate staff to develop criteria to restrict the location of landfills and other similar operations in watersheds and other areas. He said he is a very strong supporter of recycling, aggressively and creatively. However, he thinks there is an obligation to deal with our own waste to the greatest extent possible. He does not think Orange County is in a position to deal with recycling adequately. He thinks the Eubanks Road site should be considered as an interim option only. A commitment should be made to close the Eubanks Road site by the time the current landfill is closed, and other sites should be sought. Finally, he feels a lot more can be done about C & D recycling. He made reference to the task force that Chair Gordon and Commissioner Carey spoke about. He feels that the Economic Development Commission, the solid waste staff, and the Solid Waste Advisory Board should work together with County staff to develop a grant proposal to take to the N. C. Department of Commerce by the end of October, and try to develop a source separation ordinance for C & D. He thinks there needs to be a more holistic approach to C & D recycling. He would also like to explore whether C & D recycling is a viable economic development opportunity, and whether it should be pursued and sited as such. Commissioner Carey feels that the public has trusted the Board to provide alternatives to take care of C&D disposal. He feels this is the most important factor in providing C & D recycling. Commissioner Brown said that these four resolutions are before the Board. She does not feel comfortable making a decision on Eubanks Road. The County has a reasonable amount of time to make this decision. She asked that this item be on a work session agenda. She would like to see the Board move ahead with the task force and not wait for the advisory board to be established. Chair Gordon made reference to her suggested actions for this item and read 1 B, which indicates that the County Commissioners should send a letter to Durham County and Durham City officials. The suggested action states: "This letter should inform them of our action and ask them to work with us to increase efforts for cooperative regional planning to include such topics as transportation, environmental protection, and recreation, but indicate that at this time we will not be pursuing the development of a regional park at the Durham-Orange border." She does think the Eubanks Road site can be an interim solution, and she would like a staff report on this, including the pros and cons. She feels the County needs to accelerate the process for providing water to the historic Rogers Road neighborhood, and she would like a staff report on this. She thinks a Construction and Demolition Recycling Task Force should be established. This will be an agenda item for the October 5t" meeting. She also thinks the County needs a long-term solution for the disposal of C & D waste. She would like the staff to suggest alternative solutions, including the pros and cons of each, for disposing of C & D waste in the long term in Orange County. She would like these staff reports within a month. Commissioner Halkiotis made reference to a two-page memo from Mr. Tom Campbell about the City of Durham accepting C & D waste at their transfer station. He would like to break the habit of burying C &D to generate money to recycle. Chair Gordon made reference to some maps that David Stancil put together which show the watersheds in Orange County. She said Orange County has been a very good steward of Durham's water supply. David Stancil explained the maps. Commissioner Carey agrees with Commissioner Brown in appointing a task force. He asked how much time the County has to pursue the interim C & D site at Eubanks Road. He asked about the timelines. John Link said that the staff has been operating on a timeframe to have an alternative to the present site ready by summer, 2000. He recommended that if there is a time lapse between when the C & D space runs out and the time another site is available, that the Board consider using the Eubanks MSW landfill to also dispose of C & D for the short-term, as opposed to offering no alternative to citizens. Gayle Wilson, Director of Landfill Operations, said that the estimated time left at the present site would be until the summer of 2000. He said that the timeline would be different for both sites. He said that it would take eight or nine months to get a site through the State review. If another site were pursued, it would add another three months. They have submitted a site suitability plan to the State that proceeds the design stage. He said the design stage is what takes such a long time to complete. Commissioner Jacobs feels that the Board should come back in a work session and include using the Eubanks Road as an interim site, but find out before the meeting if Durham will take our waste. He said there is also the philosophical question of what to do with C & D waste. He agrees with Commissioner Halkiotis about burial. He also does not feel comfortable just giving it to Durham, because they are also burying the waste. He has no problem with establishing a task force, but the Solid Waste Board is supposed to convene in a month. He would like to direct the staff to come back with possibilities of grant money from the State for recycling alternatives. Commissioner Halkiotis said that between the Town of Hillsborough and the County of Orange there are 66 acres behind the Public Works building. Hillsborough already has a chipping operation. He suggested looking at the feasibility of doing something on property the County already owns. Commissioner Brown thanked Commissioner Jacobs for supporting a work session on this issue. She feels that there are other alternatives. She does not think that waste should be buried. She has no problem with putting C & D in a lined landfill. She has great reservations about unlined landfills. She said there are two other items she would like to address at the work session; if they should go out and search for another site, what would be the criteria, and obtaining a grant from the State. She does not support going out and doing another search. She would like to call the question on Resolution "D". Chair Gordon said they could take comments from the public at this time. Mary Cline thanked the County Commissioners for listening. Gary Carver asked that the Board take Eubanks Road out of consideration. He feels the only reason for keeping the site at Eubanks Road is that it is the path of least resistance. He said the Eubanks Road site is the neighborhood with the least political clout, the least voice, and the least power. However, there is no reason for choosing Eubanks Road. It has fewer acres, it has less capacity, it is not freely offered, and the water is already polluted. He asked that the County Commissioners not use Eubanks Road as an interim solution. He asked that they vote for Resolution "D" and keep the C & D site off Eubanks Road. Also, he would like the Board to make it clear that Eubanks Road will not be used for other landfill activities such as a MRF or a transfer station. Chair Gordon suggested that the Board vote on the motion to reject the Guess Road site from further consideration and adopt Resolution "B" as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION INDICATING ORANGE COUNTY'S INTENTION TO ELIMINATE FROM FURTHER CONSIDERATION THE DEVELOPMENT OF A CONSTRUCTION AND DEMOLITION LANDFILL ON A 178 ACRE PARCEL OF LAND NEAR GUESS ROAD WHEREAS, the member governments of the Landfill Owners Group have for several years been seeking to identify, acquire, and develop a new construction and demolition (C&D) landfill site to replace the existing facility when it reaches capacity; and WHEREAS, the governing boards of the Towns of Carrboro and Chapel Hill have ceded authority to the Orange County Board of Commissioners to decide whether or not to site a new C&D landfill at one of two prospective sites, located near Eubanks Road and Guess Road, respectively; and WHEREAS, the Board of Commissioners has received a report and has taken public comments at a public hearing regarding the technical evaluation of the suitability of both sites; and WHEREAS, the Town of Chapel Hill, acting on behalf of the other owners of the current landfill, holds an option to purchase the Guess Road site, which option expires on September 39, 1999; and WHEREAS, the Board has determined that the proposed Guess Road site does not merit further evaluation as a potential C&D landfill site: NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby indicate its intent to discontinue further consideration of the Guess Road site and to allow to expire the option to purchase the 178 acre site near Guess Road. This, the 29th day of September, 1999. VOTE: UNANIMOUS Chair Gordon said that she would like the Board to consider sending a letter to Durham County and City officials as outlined. A motion was made by Commissioner Brown, seconded by Commissioner Carey to send a letter to Durham County and City officials as outlined in Chair Gordon's "Suggested Actions for C & D Landfill Siting." Commissioner Jacobs asked that the Board not include closing off discussions for a cooperative venture for a park site in that area. He would like to explore the park site possibilities further. He asked the staff to explore this and bring back a recommendation. Commissioner Halkiotis said that he is not ready for a regional park in that area, but maybe there could be a land bank in that area. He would like to pursue land-banking options. He suggested purchasing the land and holding it for the future. Chair Gordon feels that there are other things to consider before thinking about a park in Little River. She feels the County needs to locate parks more centrally in Orange County. Chair Gordon said that the letter would not include the phrase about not pursuing the development of a regional park at the Durham-Orange border. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown, to adopt Resolution "D", indicating Orange County's intention to eliminate from further consideration the development of a construction and demolition landfill on a 33-acre site near Eubanks Road. Commissioner Carey feels Eubanks Road should be kept as an interim site because he perceives this as part of his responsibility as a public official to provide this site. If this motion fails, he will ask the staff to come back with an interim proposal to use this site. Commissioner Halkiotis said that he has gotten more email messages from people on Guess Road than ever before. He has not had any citizens call, write, or email him that they want a C & D site in Orange County. Commissioner Carey said that he has not received a lot of email from regular ordinary citizens because a lot of those people do not know if they will have a need for C & D disposal. When these citizens do have a need for a place to dispose of their C & D waste, he does not want them to put their waste on the side of the road or go to Durham. John Link suggested devoting the Board's November 9t" work session to the C & D site issues. He said the staff needed at least a month to analyze these things. Chair Gordon asked John Link if, in terms of the permitting or not permitting process, the staff has gotten all the information together on the Eubanks Road site. John Link said that he would write a very strong letter to the State asking for a quick response to permitting the Eubanks Road site. Gayle Wilson said that they have not made the final submission to the State because they have not concluded their investigation. It will be another nine or ten days before they will submit this request to the State. Commissioner Brown said that she does not see this as an either/or situation of not accepting C & D in the County, and asked Commissioner Carey if he sees this as a denial of a site. Commissioner Carey asked what the County is going to do if they do not have a plan and run out of space. He just does not want to delay and have to make a decision by default. Commissioner Jacobs said that before he makes a decision he wants to know what alternative they are going to choose. His reservations about using Eubanks Road are about equity issues of a neighborhood that has been impacted for nearly 30 years. He said that the County Commissioners looked at the Eubanks Road site because it is easily available as part of the current landfill operations and not because the citizens are not wealthy or represented by an attorney. Commissioner Brown made reference to what Mr. Carver said, in that the Board of County Commissioners has been depicted as not having done anything about the waterline to the Rogers Road area. She said that there has been a continuous process of working toward providing water to the Rogers Road area. There has been a lot of preliminary work done. They need to figure out the financing because it is an extremely expensive project. The Board then voted on Resolution "D". to not consider Eubanks Road as a C & D site. VOTE: AYES, 2; NOS 3 (Commissioners Carey, Gordon, and Jacobs) A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to have a work session on this agenda item to include all of the concerns that have been expressed, all of the alternatives to using a C&D site, the financial issues, etc. Commissioner Jacobs said that the grant cycle closes October 29t". He askec that the Board move ahead with the grant application at the next meeting. VOTE: UNANIMOUS John Link said that he would distribute an outline of what they will include in the report for the Board's input by October 6t" or 7tn b. Senior Vaccination Season Proclamation The Board considered proclaiming October as Senior Vaccination Season. A motion was made by Commissioner Jacobs, seconded by Commissionet Halkiotis to proclaim October as Senior Vaccination Season. SENIOR VACCINATION SEASON PROCLAMATION WHEREAS, Governor Hunt has proclaimed October as Senior Vaccination Season in North Carolina; and WHEREAS, Thousands of adults in Orange County are unprotected from diseases such as influenza and pneumococcal pneumonia; and WHEREAS, Each year, an average of 20,000 Americans die from influenza - more than 90% of these persons are 65 or older. Many deaths can be prevented through vaccination; and WHEREAS, Promoting a county-wide vaccination effort for the residents of Orange County will reduce the number of health complications and deaths associated with these illnesses; and WHEREAS, Controlling and eliminating communicable diseases are necessary to ensure that our communities are healthy places in which to live; and WHEREAS, Senior Vaccination Season will involve the provision of influenza and pneumococcal pneumonia vaccines to persons 65 and older with Medicare Part-B through community based events and encourages all immunization providers to work year-round in Orange County with their communities to vaccinate adults by expanding clinic hours, increasing screenings, and distributing education and promotional materials; NOW, THEREFORE, we the Orange County Board of Commissioners hereby proclaim October, 1999 as SENIOR VACCINATION SEASON in Orange County. VOTE: UNANIMOUS C. Breast Cancer Awareness Month Proclamation The Board considered proclaiming October as Breast Cancer Awareness Month. A motion was made by Commissioner Brown, seconded by Commissioner Carey to proclaim October as Breast Cancer Awareness Month in Orange County. BREAST CANCER AWARENESS MONTH PROCLAMATION WHEREAS, Governor Hunt has proclaimed October as Breast Cancer Awareness Month in North Carolina: and WHEREAS, approximately 5,500 North Carolina women will be diagnosed with breast cancer and approximately 1,300 North Carolina women will die from the disease in 1999; and WHEREAS, every woman is at risk for breast cancer even if she has no family history of the disease, but women over the age of 50 are at the greatest risk for being diagnosed with breast cancer: and WHEREAS, a mammogram is the single most effective method of detecting breast changes long before physical symptoms that may be cancer can be seen or felt; and WHEREAS, an estimated $70,000 to $80,000 in medical costs will be saved for every woman whose breast cancer is found at an early stage rather than at the late stage; and WHEREAS, community organizations, church, synagogues, and other places of worship, and work sites can play a special role in educating their members or employees about breast cancer: and WHEREAS, October is designated as National Mammography Month; and WHEREAS, Friday, October 22, 1999 is designated as National Mammography Day; and WHEREAS, the pink ribbon is the internationally recognized symbol of breast cancer awareness; NOW, THEREFORE, we the Orange County Board of Commissioners proclaim October 1999 as BREAST CANCER AWARENESS MONTH in Orange County and October 3-10,1999 as PINK RIBBON WEEK in Orange County. VOTE: UNANIMOUS d. Resolution in Support of Funding for Freedom House The Board considered approving a resolution in support of funding for Freedom House. John Link asked that, by resolution, the Board make it clear that the County Commissioners want to endorse and have the Department of Human Resources act on the intent by the legislature to appropriate $100,000 specifically for Freedom House. The local representatives Verla Insko and Joe Hackney sponsored this bill and the funding was appropriated and sent to DHR. They have now included it in an appropriation that can actually be competed for. All of the funding that was intended specifically for Freedom House is now in a fund that can be competed for by other jurisdictions. He is asking that the Board make it clear through this resolution that this money is earmarked for Freedom House. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the resolution in support of funding for Freedom House. RESOLUTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO SUPPORT FUNDING FOR FREEDOM HOUSE WHEREAS, Freedom House is a non-profit organization that provides residential care to promote recovery from the disease of addiction; and WHEREAS, since 1971, Freedom House's mission has been to help those afflicted with alcoholism or drug addiction by providing the tools necessary to lead a life of recovery and become productive members of society; and WHEREAS, alcohol and drug abuse have a direct correlation to indigence, unemployment, family disease, adolescent pregnancy, school dropout rates, crime, chronic illness, and death; and WHEREAS, Freedom House offers detoxification programs, a short-term acute stabilization program, a women's long-term residential program, and a men's long-term residential program in conjunction with its LifeSkills Education Program, which looks at the full range of needs and multiple life issues clients bring with them as they enter treatment, addressing recovery, educational, vocational, and interpersonal skills; and WHEREAS, Freedom House serves clients from Orange, Person, Chatham, as well as from outside the immediate area; and WHEREAS, during the past year, Freedom House served over 630 people; and WHEREAS, funds are needed to meet the increasing demand for additional services; and WHEREAS, Representatives Verla Insko and Joe Hackney sponsored House Bill 1052: An Act to Appropriate Funds to Support the Programs of Freedom House; and WHEREAS, House Bill 1052 was approved for Freedom House to receive $100,000. NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby endorse the funding for Freedom House as originally approved in House Bill 1052. VOTE: UNANIMOUS e. Resolution on Alternative Fuel Vehicles The Board considered a resolution for the County to develop a plan to reduce vehicle fleet emissions through the use of alternative fuel vehicles. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the resolution on Alternative Fuel Vehicles. RESOLUTION ON EVALUATION OF REDUCING COUNTY VEHICLE FLEET EMISSIONS AND ALTERNATIVE FUELED VEHICLES WHEREAS, Orange County is interested in reducing emissions of air contaminants from its fleet of vehicles to help protect air quality; and WHEREAS, there are a variety of alternative technical approaches available to reduce fleet emissions, which must be evaluated specifically for the Orange County fleet of vehicles; and WHEREAS, development of an effective plan for reducing vehicle emissions requires participation by a number of agencies and departments within the County, as well as interested non-governmental organizations such as the current Electric Vehicle and Solar Energy Planning Group (EVASEP); and WHEREAS, the development of such a plan is consistent with the creation of an Ozone Air Quality Action Plan, which the Board agreed to in February, 1999; and WHEREAS, the Board of County Commissioners has recently received a request from a representative of EVASEP to explore alternative-fueled vehicles and solar bicycles; and NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners instruct the County Manager to develop a plan for reducing emissions of air contaminants from the County's motor vehicle fleet. The plan should include an evaluation of the use of alternative fuel vehicles (such as electric buses and solar vehicles), improved fleet maintenance, and other proactive or reactive actions that might impact fleet emissions. BE IT FURTHER RESOLVED, that the Board instructs the Manager to have County staff explore the feasibility of submitting a Mobile Source Emissions Reduction Grant during the next application period. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Distinguished Budget Presentation Award The Board presented the Distinguished Budget Presentation Award to the Budget Office staff. 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA T motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: a. Appointments The Board approved the following appointments: Advisory Board on Aging Mariah McPherson for an unexpired term expiring 6/30/2000 Commission for Women Angela C. Adams-Matthews, Mildred Council and Bonnie Gates for terms ending 613012001. Hazel Lunsford and Brenda Rosen for terms ending 613012002. b. Minutes This item was removed and placed at the end of the Consent Agenda. C. Appointment of Two 19-A County-appointed Animal Cruelty Investigators The Board appointed Dean Edwards and Jon Gilmore as County-appointed animal cruelty investigators. d. Animal Protection Society Proposal to Raise Shelter Adoption and Board Fees This item was removed and placed at the end of the Consent Agenda. e. Annual Contract Renewal between Animal Protection Society and Orange County for Animal Shelter Services The Board approved renewing its contract with the Animal Protection Society, in the amount of $356,974 for animal shelter services. f. Orange EMS and Rescue Squad Contract -Ambulance Transport Service This item was removed and placed at the end of the Consent Agenda. q, Motor Vehicle Tax Refunds The Board approved three requests for motor vehicle property tax refunds as stated below: NAME ACCOUNT# AMOUNT First Union National Bank G3577 $144.93 Sullivan, Robert Joseph Jr. E21454 $ 17.84 Sullivan, Robert Joseph Jr. F21338 $ 15.90 h. Budget Amendment #2 The Board approved budget ordinance amendments for the 1999-2000 fiscal year which are incorporated herein by reference. L Proposed Zoning Atlas Amendment - Z-2-00 Johnny C. Cates The Board approved a recommendation by the Planning Board to rezone a 2.8- acre portion of a 5.18-acre lot at 3103 West Ten Road in Cheeks Township from AR Agricultural-Residential to AS-Agricultural Service. L Petition for Addition - Poplar Drive (Ext. of S. R. 1405 in Cheeks Township This item was removed and placed at the end of the Consent Agenda. k. Petition for Addition - Wood Sage Drive in Chapel Hill Township This item was removed and placed at the end of the Consent Agenda. 1. Petition for Addition - Joyce Road and Ann Road (Ext. of S. R. 1598) in Hillsborough Township This item was removed and placed at the end of the Consent Agenda. M. Orange - Chatham Alternative Sentencing - CJPP Contract The Board approved a contract funded entirely by grant funds, with Orange- Chatham Alternative Sentencing for continued implementation of the Criminal Justice Partnership Program for both counties. n. Forest Service Contract for 1999-2000 This item was removed and placed at the end of the Consent Agenda. o. N. C. Industrial Recruitment Competitive Fund Nomination for Barber and Ross The Board approved accepting a $50,000 grant from the N. C. Department of Commerce on behalf of the Barber and Ross Company to match the County's Utility Fund Extension Grant. L Reciprocal Agreement for Building Inspections for Carrboro, Chapel Hill, and Orange County The Board approved authorizing reciprocal agreements with the towns of Carrboro and Chapel Hill to assist each other with inspection services in extenuating circumstances. EL Letter in Support of New Hope Advisory Committee The Board approved a letter of support for resolutions of the New Hope Advisory Committee with regard to the New Hope Corridor project. r. Amendment to Cooperative Agreement with the U. S. Department of Housing and Urban Development. The Board approved the amendment to the Cooperative Agreement with the U. S. Department of Housing and Urban Development. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Minutes The Board considered approval and/or correction of minutes from the May 18, 1999 regular meeting. These will be corrected and brought back at the next regular meeting. d. Animal Protection Society Proposal to Raise Shelter Adoption and Board Fees The Board considered a request from APS to raise shelter adoption and board fees from $75 to $99 for dogs and from $49 to $75 for cats. Commissioner Brown asked if Hillsborough supports the animal shelter. Commissioner Halkiotis asked if the County picks up animals in Hillsborough and if Hillsborough is charged, and Health Director Rosie Summers said no. Pat Sanford, Director of the Animal Protection Society said that the money they receive is from Chapel Hill and Carrboro. Geoffrey Gledhill said that there are some responsibilities stipulated by the State that are mandated to the local Health departments. Commissioner Jacobs said that it seems to him that Commissioner Brown has identified a gray area that the Board needs to bring to Hillsborough's attention, especially if it is going to grow by leaps and bounds. Hillsborough needs to take responsibility and provide these services for their citizens. John Link asked that Rosie Summers provide to the Board an historical perspective of the animal control process. Commissioner Brown asked about the micro chipping program. Dean Edwards, Associate Director of the APS, said it is a small particle as small as a grain of rice. It is for identifying the animal's owner. The cost is $15.00. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to raise APS shelter adoption and board fees from $75 to $99 for dogs, and from $49 to $75 for cats. VOTE: UNANIMOUS f. Orange EMS and Rescue Squad Contract -Ambulance Transport Service The Board considered extending its contract with Orange EMS and Rescue for ambulance transportation services through September 30, 1999. Commissioner Jacobs brought to the Board's attention that the Advisory Board on Aging has brought up some concerns about the wording in the ambulance bills. He feels the County could do a better job of letting people know they are willing to work with them. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to approve extending the County's contract with Orange EMS and Rescue for ambulance transportation services through September 30, 1999. Commissioner Brown asked if there was any legal action taken against the people who do not pay the ambulance bills. Geof Gledhill said that there is no lien created for these fees. Commissioner Brown would like to see the language changed on this. The staff will bring back a recommendation. VOTE: UNANIMOUS L Petition for Addition - Poplar Drive (Ext. of S. R. 1405 in Cheeks Township The Board considered a petition to add Poplar Drive (Ext. of S. R. 1405) in Cheeks Township to the NCDOT state-maintained secondary road system. k. Petition for Addition -Wood Sage Drive in Chapel Hill Township The Board considered a petition to add Wood Sage Drive in Chapel Hill Township to the NCDOT state-maintained secondary road system. 1. Petition for Addition - Joyce Road and Ann Road (Ext. of S. R. 1598) in Hillsborough Township The Board considered a petition to add Joyce Road and Ann Road (Ext. of S. R. 1598) in Hillsborough Township to the NCDOT state-maintained secondary road system. Commissioner Jacobs asked questions about these roads. Planning Director Craig Benedict said that these are older roads which have been brought up to DOT standards. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey, to approve a petition to add Poplar Drive (Ext. of S. R. 1405) in Cheeks Township, Wood Sage Drive in Chapel Hill Township, and Joyce and Ann Roads (Ext. of S. R. 1598) to the NCDOT state-maintained secondary road system. VOTE: UNANIMOUS n. Forest Service Contract for 1999-2000 The Board considered approving an annual agreement in the amount of $50,812 or 40 percent of the total contract amount, with the N. C. Department of Natural Resources and Community Development in support of the N. C. Forest Service in Orange County. Commissioner Jacobs mentioned that the Board has previously discussed open burning. Rod Visser said that the Forest Service has an interest in whatever the County adopts as workable. They are interested in working with the County. Commissioner Jacobs asked that the Forest Service let the Board know of permits for large burning projects. The Forest Service will report back on burn permits and how they keep track of these permits. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign an annual agreement in the amount of $50,812 or 40 percent of the total contract amount, with the N. C. Department of Natural Resources and Community Development in support of the N. C. Forest Service in Orange County. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. New Assistant to the Manaaer Position The Board considered establishing the new position of Assistant to the Manager in the County Manager's office and amending the Orange County classification and pay plan to include the new class of Assistant to the Manager at salary grade 72. John Link made a presentation about this position. Commissioner Halkiotis clarified that this is being done because the Board decided that once solid waste management in Orange County is assumed that additional staff would be given to the Manager's office. He has a problem with the block where the Assistant County Manager is listed. He would like to see this box placed at the top with a linkage. This person needs to be someone who has a relationship with Rod Visser the way Paul Thames has a relationship with the Manager. He is worried when he sees solid waste at the bottom. Rod Visser said that because this is listed at the bottom does not mean in any way that this function is less important. Chair Gordon wants this person's salary to come from the Landfill Enterprise Fund. John Link said that there would be an assessment of the direct and indirect fees that will be charged to the Landfill Fund. Commissioner Brown stated that the purpose of hiring this person is to take a lot of the work off of Rod Visser because he will be assuming solid waste management. Rod Visser said that this position would be evolving over time with more and more of his present duties being done by this position. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to establish the new position of Assistant to the Manager in the County Manager's office and to amend the Orange County classification and pay plan to include the new class of Assistant to the Manager at salary grade 72. VOTE: UNANIMOUS b. Text Amendments - Flexible Development Provisions The Board was to consider the proposed text amendments to provisions in the subdivision regulations and zoning ordinance for flexible development, but this item was delayed to a future meeting. C. Efland Sewer Fund Inter-Fund Debt The Board was to consider options for resolving debt issues related to the Efland Sewer Fund, but this item was delayed to a future meeting. d. Efland Sewer Fund - Revisions to Fee Schedule The Board considered revisions to the fee schedule for new connections to the Efland Sewer System. John Link said that they are not asking that the Board approve this revision to the fee schedule but they are asking that the County Commissioners consider the suitability to carry the revisions to the public hearing at their meeting on October 19th. The staff, including the County Attorney, feel that it is important to move aggressively in trying to address the fee structure so that as development occurs in Efland and the EDD area that the developers will know what the fees are for any additions to the sewer service. This excludes any of the original citizens who signed up in the mid-1980's with the understanding that they would not be assessed any tap-on or acreage fees. County Engineer Paul Thames made reference to the chart in the agenda and said that part of it is informational in terms of what the existing and proposed sewer use rates are for existing and potential customers, and there is no change there at this time. County staff will bring back a recommendation to modify the sewer use rate fee structure. The availability, acreage fees, and sewer stub-out construction fees are the critical components. The rules of operation limit the County's share of the tap-on fee to $600. A minimum price for a tap-on fee is about $750 worth of construction costs which are out of pocket for independent contractors, and can be as much as $3,000. They have proposed to leave the $600 fee as an availability fee to help establish a capital reserve fund for paying for repairs to the system. Commissioner Jacobs asked what would the acreage fee be for a six-acre lot and a one-bedroom house. Paul Thames said it would be about $6,000 worth of acreage fees plus $600 for the availability fee. Commissioner Jacobs said that this is a regressive way to do it. OWASA changed their entire rate structure so that the burden would be on those who had the largest houses. He asked that Paul Thames talk to OWASA and listen to what they have done. He said this is a more equitable way to do it. Geoffrey Gledhill said that there is some urgency about this because Efland has been discovered. There needs to be capital fees in place prior to expanding the Efland sewer system. He suggested that the Board let this go to public hearing and have the staff talk with OWASA and bring back that information. He said they could add language that suggests an alternative, less regressive fee schedule for the acreage fee that would be added to the notice for public hearing. Geof Gledhill said there is a risk that a 300-home development could come in under this fee schedule and cost the County's general fund hundreds of thousands of dollars. Commissioner Carey suggested also comparing the fee schedule with what Hillsborough is doing. He said they are recovering their costs and more. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the recommendation from the Manager which states: 1) approve the publishing of the proposed fee structure; 2) direct staff to schedule and notice a public hearing to be held at its meeting of October 19, 1999 for the purpose of receiving public comment, implementing the proposed fee structure and adopting the attendant changes to the Resolution Establishing Rules and Regulations for the Operation of a Sewer Collection Treatment System to Serve the Efland Area of Orange County. Also in this motion, a third part will be added which states that a report would be brought back at the public hearing comparing the structure with OWASA and Hillsborough and that the notice include appropriate language to try to allow alternatives to be discussed. VOTE: UNANIMOUS e. Advertisement for joint Planning Public Hearing - UCtOber 73, iy!jy The Board was to consider the legal notice for items to be presented at the Joint Planning Area Public Hearing that is scheduled for October 13t". Since there are no items to be heard on October 13, the County Commissioners decided to use the October 13th meeting for a BOCC work session. 10. REPORTS a. Triangle Land Conservancy Report - `°A Landscape with Wildlife, Part 2 Livy Ludington summarized the report. She made reference to some maps. She said they could not stand behind these maps because they do not have all of the information. She said they have subtracted the building permits that have been issued. She emphasized that this is a work in progress and they would like to update the maps annually or more often if possible. She pointed out that all the work that has been done by Dr. Haven Wiley has been done for free. Dr. Haven Wiley said that in this second phase they tried to take all of the forested areas of Orange County that were previously mapped and rank them for their value for wildlife. In the value of a forest for wildlife, they included its intrinsic characteristics. He reemphasized that this is a work in progress. He said the ratings are tentative. The updating of the maps of the forests is an ongoing process. All of the GIS procedures that are used to produce these maps and the ratings are all available in the Environmental Resources and Conservation Department. He summarized the recommendations saying that this report would allow the County and other agencies to identify areas that might become the focus for acquisition or other opportunities for protecting the forests that are most important for wildlife habitat. These maps could be useful in evaluating proposals for development tracts. Commissioner Halkiotis asked about the mitigation for major losses of forests for wildlife. He asked if there was anywhere in North Carolina that could require mitigation for a huge development that came in and took out a lot of forestland. Geoff Gledhill said he did not know of any requirements. He said there are no requirements as a result of the conclusions reached in an environmental assessment. Dr. Wiley said that mitigation might be something that is formally required but it does not need to be. Commissioner Jacobs made reference to Corbin Downs, a proposed development on South Churton Street, and said that this area is all forested and the developer has made no attempt in preserving open space other than to add a ball field. He said he hopes the County can educate elected officials and the development community as to how to objectively differentiate between areas. He said Orange County is the only county in the state that has an environmental impact assessment. He would like to see the County keep pushing this assessment and try to protect the most important land. Commissioner Brown commended Dr. Wiley on the report. She said that it is easy to read and she is trying to figure out how to use the report. She would like to understand how these areas are involved with the County's planning at this time. She would like to know what the County is doing now to preserve any of this, and what is the County's zoning doing to protect it. She would like to have the Planning staff look at this. She agrees with Commissioner Jacobs and Commissioner Halkiotis in having the environmental impact assessment incorporated into the County's zoning rules. Craig Benedict said that they plan to have a work session on October 12th concerning the comprehensive plan and some of the basic elements of planning. Some of the criteria are transportation, watersheds, location of public services, and the environmental layer. He said it all fits together and they hope the environmental layer will be one of the zoning mechanisms that is used. Commissioner Jacobs would like for the recommendation to include that the report be referred to the Planning Board. He would also like to invite the Planning Board to come to the work session where the comprehensive plan is discussed. Livy Ludington made reference to the map and said this should be the underlining layer of the zoning map. She sees these as overlays with the green infrastructure that is there. Commissioner Brown asked when the aerial mapping in Orange County would be completed. David Stancil said in about one year. Craig Benedict said he hopes it will be completed in less than one year. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis that the Board refer the Triangle Land Conservancy Report to the Commission for the Environment and Environment and Resource Conservation staff for evaluation and incorporation into the upcoming Orange County Lands Legacy program. This report will also be referred to the Planning Department for inclusion in their comprehensive planning process. VOTE: UNANIMOUS 11. APPOINTMENTS The Board was to consider appointments to the Northern Transition Area Advisory Committee and the Orange County Planning Board, but these appointments were delayed to a future meeting. 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs that the meeting be adjourned. The meeting was adjourned at 10:40 p.m. A BOCC work session will be held on September 30, 1999 at 7:30 at the Southern Human Services Center in Chapel Hill, North Carolina. The next regular meeting will be held on October 5, 1999 at 7:30 p.m. in the F. Gordon Battle Courtroom, new County Courthouse in Hillsborough, North Carolina. VOTE: UNANIMOUS Alice M. Gordon, Chair Beverly A. Blythe, Clerk