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HomeMy WebLinkAboutMinutes - 02-29-2000Approved Mav 16. 2000 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 29, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, February 29, 2000 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W. Brawn, Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., 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 were considered as the Board addressed the items on the agenda below.) b. Matters not on the Printed Agenda -NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis extended his congratulations to the County employees who participated in the team award ceremony last week for Y2K preparedness. Chair Carey commended the members of the Orange County Human Relations Commission for the Pauli Murat' awards that were given gut on Sunday to Ms. Chris Nutter, Weaver Street Market, and Miss Price, the high school student from Hillsborough. Chair Carey attended the Solid Waste Summit last Wednesday-Friday along with many other officials from the Triangle area. The report from this summit will be coming to the Commissioners soon. Chair Carey asked far an update on Edgecombe County, the county that Orange County offered to help after Hurricane Floyd. John Link said that the County has responded for staff support. A number of our nurses, EMS staff, and building inspectors have helped Edgecombe County in their cleanup effort. Edgecombe County has recovered in terms of County functions. A number of private efforts will be ongoing for a number of years. Commissioner Gordan mentioned that she attended the first day of the Emerging Issues Forum at the McKimmon Center and Commissioner Jacobs attended the second day. She thought that the most striking thing was the emphasis on education. She said that it was suggested that mare money could be available for education. Commissioner Jacobs said that he reviewed the videotape made of the last regular meeting and the cable company did a nice jab. He suggested putting the telephone number for the Clerk's office on the screen and also having the Chair read the public charge. Commissioner Jacobs mentioned that Superintendent Bridges is in touch with the County staff about the clearcutting of the site of the new High School. He said that the Commissioners would be getting a report from staff working with the school system about how the site is going to be addressed. He stressed that the development projects that are done with County funds should be done in an environmentally sensitive way. He also distributed an article about ballot initiatives in 1998 regarding open space acquisition and said that New Hanover County will be floating a 45 million-dollar band referendum this May for open space acquisition. Two-thirds of the bond is for low-impact recreation and open space protection. He feels that the Master Parks and Recreation Plan totaling 8 million dollars is too conservative. Also, Commissioner Jacobs said that he and Commissioner Halkiotis have set up a luncheon with Nick Tennyson, Mayor of Durham City. Finally, he asked if Commissioner Gordon could get some information on the TAC meeting scheduled for next week. Commissioner Gordon said that the meeting at Triangle J is the meeting between the Capital Area Metropolitan Planning Organization and the Durham/Chapel Hill/Carrboro TAC. She is not sure what the agenda is. She said that issues of mutual interest would be discussed. Commissioner Brawn provided an update on the task force of the Northern Human Services Center. There have been two very informative meetings with the staff. She and Commissioner Halkiotis along with the task force met with the people who use this building on a daily basis and talked about the issues. Also, she informed the Board of a meeting at the Skills Development Center on March 31St, 9:00-10:30 a.m., with Congressman Price and other local legislators. This meeting will address the different job programs. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Bond Sale Resolutions The Board considered adapting resolutions required far the sale of $40,175,000 in general obligation bonds for schools, parks and public buildings. John Link said that the purpose of this item is to consider adopting resolutions required for the sale of 40 million dollars in general obligation bonds for schools, parks, and public buildings. These bonds were authorized by the voters in the November 1997 referendum. Finance Director Ken Chavious asked that the County Commissioners take two separate actions tonight. The first is to approve the band sale resolution and the second is a disclosure resolution. After the bonds are sold, there will still be 18.67 million dollars in bonds remaining to be sold. Bob Jessup, Bond Counsel, expanded on the two resolutions. He explained the process that would be followed up to and including the bond sale. Chair Carey said that these bonds were passed by the public, and the sale of these bonds would incur the debt that would allow the County to pursue some projects that have been in the planning stages for a number of years. These bonds will allow the County to invest additional funds in the schools, parkland, affordable housing, and in sanitary sewer construction. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the Resolution Providing for Bond Sale. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the Resolution Approving Initial and Continuing Disclosure. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Orange County Arts Grants Awards The Board presented 1999-2000 Orange County Arts Grants to local artists and arts organizations. Ann Kapland, Director of the Arts Commission, made comments about the grant funds and the projects that will receive the awards. The grants are used to support programs in visual, performing, and literary arts. The Orange County Arts Commission awards up to $1,000 in matching funds to artists and arts organizations for projects and events taking place in Orange County between January 1 and December 31, 2000. Commissioner Halkiotis called the names of the recipients of the awards and Chair Carey handed out the awards. 7. PUBLIC HEARINGS a. Orange County Consolidated Hausing Plan The Board held a public hearing on housing and non-housing needs to be included in the FY 2000-2005 consolidated housing plan for housing and community development programs and proposed uses of FY 2000 HOME funds. Housing and Community Development Director Tara Fikes said that the consolidated plan far housing and community development programs is a document that is required by the U. S. Department of Housing and Urban Development. This document details the housing needs of very low-income and moderate-income families and special population groups. Orange County developed its first consolidated plan in 1995. She said that HUD requires that this document be prepared far all jurisdictions that receive community development black grant entitlement funding and home investment partnership program funds. She explained the three major components of the consolidated plan: 1) housing of the homeless community and economic development needs in the County; 2) housing market analysis; and 3) long-term strategy component. This plan will also detail haw HOME and CDBG funds will be spent. The plan is due to the HUD office by May 15, 2000. She outlined the schedule far the consolidated housing plan, which is in the agenda abstract. During the next fiscal year, it is anticipated that $434,000 in Community Development Block Grant funds and $438,000 in HOME funds will be allocated. She mentioned the projects that were approved for HOME funding in 1999. Commissioner Brown made reference to the submission requirements and asked who wrote the requirements and Tara Fikes said that these came from HUD. PUBLIC COMMENTS Pat Connelly spoke an behalf of Orange-Person-Chatham Mental Health and said that OPC Mental Health has received $180,000 from Orange County over the last five years. She spoke in support of the people with disabilities and asked for $180,000 in HOME funds. Commissioner Brown asked for information about the application process for HOME funds and how priorities are set. Tara Fikes said that there is a HOME Council that reviews all the applications. The selection is made based on what was done the previous year and the other passible sources of funding for projects. Lane Sarver, a housing consultant working with First Baptist Church in Chapel Hill, Inter Faith Council, and United Church of Chapel Hill said that last year they asked the County Commissioners for funding for the HUD section 202 elderly housing far very low-income senior citizens. Their application was successful and they have received $3,261,300 from the Department of Housing and Urban Development to build a 41-unit building. He said that they also have authority far $513,000 far five years worth of rental assistance. He noted that consolidated plans would become increasingly a more important policy and funding tool. He encouraged the County and towns to look thoroughly at the housing needs so that other resources could be considered. Maxine Mitchell, Director of Community Building, made a request on behalf of Empowerment, Inc. for HOME funds for the year 2000-2001. She noted that Empowerment has been able to help 23 families to own their first home in Orange County. They currently have nine units under development, including five new units and four rehab units. She said that access to the HOME funds has been critical to their success. She requested that the County Commissioners reallocate the funds approved last fiscal year to support the purchase of a four-unit apartment complex in Pine Knolls community in Chapel Hill. They are asking for a reallocation of $100,000 from last year and $200,000 in HOME funds. She distributed a sheet listing the successes of Empowerment, Inc. Susan Levy, Director of Habitat far Humanity, spoke in support of $87,500 in HOME funds that will be used for second mortgages for seven Habitat for Humanity homes to be built and sold far the fiscal year 2000-2001. The amount of each second mortgage will be $12,500. In the past year they have successfully built out their 11-home neighborhood. She gave an update on Celebration 2000. She said that Habitat for Humanity is very appreciative of the County's approval of the housing bond fund request for the 43-home subdivision in Efland Cheeks. They will came before the Board in May for final approval of the subdivision itself. Construction will begin later this summer. Their goal is to build at least 10 homes a year. The $87,500 that Habitat far Humanity is requesting in HOME funds represents about 10% of the completed value of the homes and will help them to leverage approximately $400,00 in new private funds. Robert Dowling, a representative from Orange Community Housing, requested $60,000 towards the Urgent Repair Program that has been administered for the past two years. They have repaired approximately 46 homes in the last 15 months, spending about $174,000. Of that $174,000, $60,000 was HOME funds that were allocated last year. The second request is for the Meadowmont town homes of which they are asking for $160,000. This is only $5,000 per unit. He made some comments about the consolidated plan. He said that it is very difficult to find suitable land that is zoned and priced appropriately. Commissioner Jacobs said that the County Commissioners have been working on Economic Development Districts and in each case have tried to include in the negotiations the possibility for acquiring land for affordable housing. Commissioner Brawn asked for an overview of haw the money has been spent within the last five years and what type of housing the different organizations have developed. Tara Fikes said that, in terms of the next steps, the HOME Program Council would take the comments received today into consideration and develop gone-year spending plan for review and approval. This plan will come back to the County Commissioners on May 3`d Commissioner Brawn asked about the method in which the applicants are chosen, when it was established and by whom and Tara Fikes said that it was established by the staff. Commissioner Brown said that she would be interested in looking at the process to see how the balance is with the allacatians and in understanding it mare. 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Boundary and Conservation Easement Survey of Duke Forest Property for County Acauisition This item was placed at the end of the consent agenda for separate consideration. b. FEMA Designation of Applicant's Agent and Disaster Relief Agreement The Board adopted a resolution and approving an agreement required by the Federal Emergency Management Agency and the state for processing reimbursements to the County for expenses associated with the recent snowstorm and authorized the Chair to sign. c. Jail Inspection Report The Board received a report on an inspection of the County jail conducted January 27 by the N.C. Department of Health and Human Services. d. Advertisement for Joint Planning Public Hearing -April 12, 2000 The Board approved a legal notice for items to be presented at the joint planning area public hearing scheduled far April 12, 2000. e. Personnel Ordinance Revision -Tuition Refund This item was placed at the end of the consent agenda for separate consideration. f. Late Application for Homestead Property Tax Exemption The Board approved one late application far homestead property tax exemption for the 1999 tax year in accordance with the resolution incorporated herein by reference. g_ Lease Agreement for Relocation of High Rock Road Solid Waste Convenience Center The Board included a rent escalator clause in the lease agreement for the relocation of the High Rock solid waste convenience center and authorized the Chair to sign the agreement. h. Memorandum of Agreement with UNC School of Dentistry for Health Department Smart Start Grant The Board renewed an agreement with the UNC School of Dentistry far the Health Department Smart Start Grant and authorized the Chair to sign. i. Contract with DMG-Maximus, Inc. to Conduct a Cost Study for Personal Health Services The Board awarded a contract to DMG-Maximus in the amount of $11,000 to conduct a cost study far the Health Department to help determine fees for personal health services and authorized the Chair to sign. L Budget Amendment #7 The Board approved the Pathways School capital project ordinance far the Orange County school district and authorized the Chair to sign. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Boundary and Conservation Easement Survey of Duke Forest Property for County Acquisition The Board considered awarding a contract to Callemyn-Parker and Associates in the amount of $5,617 for survey services associated with the County's purchase of 63 acres from Duke University far open space and watershed protection. Commissioner Jacobs asked about the timetable for completing the acquisition of this property and Rich Shaw said that closing of the property is anticipated to occur at the end of March. There are a few administrative details that need to be taken care of first. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award a contract to Callemyn-Parker and Associates in the amount of $5,617 for survey services associated with the County's purchase of 63 acres from Duke University for open space and watershed protection. VOTE: UNANIMOUS e. Personnel Ordinance Revision -Tuition Refund The Board considered updating the Orange County personnel ordinance to increase the tuition refund amount for eligible County employees from $300 to $600 per fiscal year. Commissioner Gordon said that when Duke University is included in the list of colleges at $1,620, it increases the average from $480 to $605. Elaine Holmes, Personnel Director, said that Duke University was included sa the Commissioners could have the information and see the tuition amounts at the area universities. The amount of $600 was recommended because the staff looked at the overall amounts provided by the employers in the area. Commissioner Brown asked about the people who have participated in this benefit and what they have studied. Elaine Holmes said that the courses range from accounting, computer, social work, and technical courses. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve updating the Orange County personnel ordinance to increase the tuition refund amount far eligible County employees from $300 to $600 per fiscal year. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Greene Tract -Cultural Resource and Biological Resources Surveys The Board discussed the findings of cultural resource and biological resources surveys of the Greene tract, and related matters. Rich Shaw from the Environment and Resource Conservation staff summarized these reports. He said that the cultural resources study uncovered two historic sites, two prehistoric sites, and four isolated finds in the Greene Tract. There was the Byrd farmhouse, a late nineteenth century home site; and the Potts house, amid-nineteenth century home site. There was nothing noteworthy found about the prehistoric sites. The two home sites may be eligible for the National Register of Historic Place designation. A higher level of survey is needed on these two sites before any land disturbing activities can take place. He pointed out that both of the home sites are south of the 60-acre section of the property that the County is interested in. He summarized the biological resources survey. The report is an interim report because the findings are not complete. The final report is expected next week. He explained the topography of the property. A recent Triangle Land Conservancy report identified the Greene Tract as containing prime forests providing wildlife habitat in Orange County. There have been no protected species identified on the property, plant or animal. However, there is suitable habitat for five protected animals and one protected plant species. He said that the final report would document areas of the tract that should be protected. Commissioner Brown made reference to the photographs in the cultural resources survey report and asked about the Byrd farmhouse. She asked if there was still a road access to this house and Rich Shaw said that he was not sure. Discussion ensued about the position of the line far the 60 acres. Commissioner Brown said that the line should be eliminated until the reports are complete and the line means something. John Link asked for comments or advice from the County Commissioners to the staff about the 60 acres. Commissioner Gordon clarified part of the significance of drawing the boundaries of Property E. She read from page 3 of the interlocal agreement under the Effective Date: "The County will assume solid waste management responsibility the day following the effective date of the zoning of the property described as Exhibit E which makes solid waste management uses, not including burial of mixed solid waste or construction and demolition waste, a permitted use under the Chapel Hill Development Code/Ordinance, as provided in Part 5 of this Agreement, so long as that date is at least 180 days after the execution and delivery of this Agreement by the current owners of the System and so long as the Greene Tract Owners have agreed on the boundaries of the property described in Exhibit E. The date the County assumes solid waste management responsibility is the effective date of this Agreement." She said that in order far the transfer to take place, Chapel Hill, Carrboro, and Orange County have to agree on the 60 acres, and the zoning has to be completed. Commissioner Jacobs said that there might be certain suppositions inherent in the 60- acre line that may no longer be operative. He would rather see the final analysis and then talk about how to put a footprint on that property that would leave it undisturbed and yet have the potential for other uses such as school or County projects. Commissioner Brown asked for staff to show where the nearest water and sewer lines are located on the 60 acres in question. Chair Carey said that Chapel Hill is expecting the 60 acres to be identified so it can make the decisions to provide for transfer of the management and governing responsibilities for the solid waste functions in the County. He made reference to the public hearing last week about the rezoning of that site and said that there was a lack of specificity about the rezoning. He said that there was a tremendous outpouring from the citizens in the area indicating they would not like the site to be rezoned. He recommended to the County Commissioners that the rezoning of the 60 acres be taken off the table and out of the agreement and that Chapel Hill would still adhere to the part of the agreement that 60 acres be transferred to Orange County. The interlocal agreement may be amended a second time to allow additional time for this process. He makes these recommendations with the understanding that the County would take over the management of solid waste by March 20th. He said that the Commissioners' intent could be expressed in writing to Chapel Hill, Carrboro, and Hillsborough as soon as possible. This matter could be brought back to the Board after the staff has amended the interlacal agreement in the appropriate areas sa that formal action could be taken at the next meeting. He asked that the County Commissioners consider acting favorably on his recommendation. Commissioner Gordon said that at the public hearing there were a lot of arguments from the citizens. She said that the interlocal agreement was very delicately balanced and there were a lot of compromises. She thinks that before formal action is taken, the staff analysis and recommendation should be considered. She said that if the rezoning is pulled out of the interlacal agreement, then there is no distinguishable site. She listed some possible immediate options such as, if there are problems with the rezoning, the County will stand ready to work with Chapel Hill and the solid waste management would be put on hold; ar the County could hold a discussion about what to do if the rezoning is taken out. She said that if there are implications for the site, then all of the citizens of the County should know about it before any action is taken that is irrevocable. She said that if there is a situation where the County is negotiating with the other three jurisdictions, then the extension of the water lines to the historic Rogers Road neighborhood proceeds on schedule. She thinks that one key point is that; "Orange County would assume solid waste management responsibility when a zoned site for solid waste activities, including a transfer station and a recycling facility, but not a burial facility, is made available." She feels very strongly that if the Greene Tract is not used, that it needs to be made clear what tract is going to be used. She feels that it was not clear at the public hearing held on February 21St that the Greene Tract was not the County's first choice and that it would not be used as a landfill. She said that the question of how to dispose of solid waste is a difficult one, even though we have already excluded the option of burying mixed solid waste anywhere in Orange County. She said that we are all in this together and it is important to work together to solve the problem of where to site solid waste disposal activities. The site question must be resolved before the County assumes control of solid waste activities; otherwise the County may literally find itself left holding the trash bag. She thinks the Board should adapt steps A through F and not take any irrevocable action. She said that she received a fax today from Madeline Levine, who asked the Commissioners if they were prepared to accept the incomplete surveys {biological resources) at this time without revisiting the question of when the zoning of the Greene Tract would occur. Commissioner Brown made reference to the Interlocal Agreement and said that she tried to see which parts could be amended. When this process started, the initial Interlocal Agreement was developed which had the Greene Tract as an asset that would be transferred to the County. She has always thought that the Greene Tract would remain for public uses that did not use the entire tract so it could remain in an undisturbed state. She feels the transfer could be postponed for two pay periods because she feels bath surveys are needed. She would like to have the support of Chapel Hill and Carrboro in whatever needs to be done along Eubanks Road, particularly for a transfer station. She said that almost anyplace that the County needs to proceed along Eubanks Raad is going to require some kind of permitting through Chapel Hill or Carrboro. Commissioner Jacobs made reference to the February 21St public hearing and said that the Greene Tract was a last resort and the County only wanted to have a fallback position. He realizes that there is not sufficient reason to support the rezoning of the Greene Tract. He does not feel that the County can enter into this agreement without a fallback position. He feels the County can look at other options and other locations in the County. He feels that the County Commissioners have been sensitive and will continue to be sensitive to the people who live near the present landfill. He said that the perfectly honest position is that if all else fails, the closed landfill site north of Eubanks Road would be the only viable place to anticipate in advance as a place that is largely currently available to be used. He thinks that the County aught to incorporate within the interlocal agreement some language to this effect that Chapel Hill, Carrboro, and Hillsborough would have to agree to or at least acknowledge that this is the County's intent. Commissioner Halkiotis said that the County has made significant progress within the last few years to resolve the issues of managing solid waste. He said that countless hours of discussions have been spent on this issue. He is still opposed to a C&D site. He has serious concerns about the County building a MRF (Materials Recycling Facility). He feels the County needs to move ahead, table the rezoning, and get the 60 acres resolved. The Greene Tract needs to be an asset far the entire community. He feels the County should go ahead and take over the management of the solid waste. He said that the County has been dependent on C&D to generate money to subsidize and to fund recycling programs. He feels that this addiction has to be broken before the County moves ahead. Commissioner Gordon asked if the staff has done any analysis of what would need to be done to the agreement if the rezoning was taken out. John Link said that based on what he has heard, if County Commissioners would send a letter to Chapel Hill and Carrboro saying that Orange County is prepared to withdraw the rezoning of the 60 acres, and though the County will look elsewhere, that it is the intent of the County Commissioners to pursue, if necessary, those parcels on Eubanks Road that might need to be considered in the future for solid waste purposes. In terms of amending the language as to the beginning date for the County assuming responsibility, he would recommend that there be a new date and that it be the beginning of a pay period. Chair Carey suggested asking the staff to revise the language and move the date for the transfer of solid waste activities only to the extent that is needed to have the 60 acres specified. Commissioner Gordon asked if anyone has talked with Hillsborough and rural residents about what is going on. She said that if the interlocal agreement is changed with regard to the rezoning, the public needs to know. Chair Carey feels that asking Chapel Hill or Carrboro to approve something before a plan is developed, and making that a condition of the transfer of responsibility for providing leadership in solid waste management, would be ill conceived. He feels that the Board should take an irrevocable action tonight that will be formalized at the next meeting. He said that the motion tonight would be to ask the staff to develop the language to revise the interlocal agreement and to bring it back formalized to the next meeting far formal action. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to ask the staff to look at what parts of the interlocal agreement would need to be revised to exclude the rezoning of the Greene Tract, and that the transfer of solid waste management be postponed for a very specific pay period only to receive the final reports so that the 60 acres could be determined. She would also like the water lines to be pursued. Also, she said that there could be some language that Chapel Hill and Carrboro would support us in our efforts to locate a transfer station in the Eubanks Road area. Mark Cohen, resident of Bingham Township since 1976, said that he is very supportive of Commissioner Cordon's comments. He is a past member of the Bingham TAC. He feels that the County Commissioners are blindsiding some of the County residents by bringing this up in this way and not providing an open forum before changing the rules. Chair Carey said that when this issue is brought up at the next meeting, the public could comment on it at that time. Commissioner Brown said that she had no interest and would not support a search anywhere else in Orange County. Ken Rudo asked if the County Commissioners really heard the citizens at the public hearing held last week. He said that the most troubling thing about this is that there is a health risk caused by the odors. He feels that it would be detrimental to this part of the County. He is against the County Commissioners continuing the activities of the landfill because of health risks. As the State Toxicologist, he said that he may be able to help the County find some money at the state level to move this along a little bit in terms of the water lines out to Rogers Road neighborhood. He encouraged the County Commissioners to let the Chapel Hill Town Council do what they are planning to do and then take it from there. Chair Carey responded to Mr. Rudo and said that the Commissioners do not like making these tough decisions. He is taking this action because he thinks it is the right thing to do. He said that Chapel Hill would da what they want to do regardless of what Orange County does. Commissioner Jacobs said that he does not feel this is any stealth agenda to attack the rural parts of the County. He said that the Commissioners have been very diligent to make sure that they proceed with this as carefully as passible. He said that this was the Commissioners' first opportunity since the public hearing to respond in any way. He said that this is an opportunity to send a message to the Chapel Hill Town Council and to the residents of the Rogers Road neighborhood and all of the residents of Orange County that the County Commissioners did hear the concerns. He is confident that the more fully the County is involved in the oversight of solid waste operations, the more carefully and rigorously the public health risk will be addressed. He is not saying that the public health was not addressed before, but he is confident that it will be in the future and to a greater extent. Commissioner Halkiotis responded to Mr. Rudo and said that it is a very frustrating and difficult job to make these decisions. He would not want this operation in his back yard or in anyone else's back yard. He said that solid waste is one of the hardest issues to deal with. He feels the County would be doing well in getting water lines out to the Rogers Road neighborhood in 18 months. Ken Rudo said that the Commissioners have the power to prevent this from being a worse problem. He said that if it is a funding problem in getting the water lines run, the state has certain types of programs under conditions where wells are at risk. Chair Carey asked the staff to talk to Mr. Rudo tonight about the contacts for getting funding to help with running the lines on Rogers Road faster. VOTE: AYES, 4; NO, 1 (Commissioner Gordon) Commissioner Gordon said that she is voting against the motion because she thinks it is a precipitous action that is ill advised and it is not fair to blindside the County residents with a stealth agenda item like this. She supports her proposal. Chair Carey will work with the staff to draft the appropriate communication to the Towns. Commissioner Brown thanked Mr. Rudo for his comments. She asked if he would get with the County's Health Director and look at all the reports done on the wells in the Rogers Road area. She mentioned some filters that were offered to the residents in the Rogers Road neighborhood and said that the filters were rejected. She thinks that the efforts, commitment, and the responsibility over the last several years that has been shown by the County Commissioners to understand and deal with the water issue there is very clear. Ken Rudo said that those filters would not have helped the bacterial contamination. John Link reiterated that what would be relayed to Chapel Hill, Hillsborough, and Carrboro would be that the two pay-period increment would mean that instead of March 20t", the date would be April 17`" Chair Carey said that this agenda item for the next meeting would be very clear. b. Solid Waste Employee Transfer -Implementation Actions The Board considered position, classification and pay, and personnel policy actions necessary to implement the transfer of solid waste employees from the Town of Chapel Hill to Orange County effective March 20t" Personnel Director Elaine Holmes said that there are three actions necessary to implement the transfer of solid waste management: 1} Establish County positions into which the Town of Chapel Hill solid waste employees would transfer. There are 28 positions. 2} Amend the County's Classification and Pay Plan to incorporate the solid waste positions. The recommended classes result from the job classification study conducted of the solid waste positions. 3) Authorize several Personnel Policy actions necessary to implement the transfer. Commissioner Halkiotis asked for an organizational chart of the 28 positions and who reports to whom. Elaine Holmes will provide that information. Jahn Link said that the effective date would be "that date in the future that the interlacal agreement is effective, which at this point would be April 17th." A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the position, classification and pay, and personnel policy actions necessary to implement the transfer of solid waste employees from the Town of Chapel Hill, effective April 17th VOTE: UNANIMOUS c. Contract with RSM McGradrey far Technical Assistance with County Business System Legacy Software Replacement The Board considered a contract with RSM McGladrey, in an amount not to exceed $27,aaa, far technical assistance in the replacement of business system software. Rod Visser summarized the information in the agenda. The County's business system software dates back to the 198a's and does not take advantage of the technological advances that have happened in the last 5-1a years. He said that the citizen Information Technology Committee has addressed this topic a number of times. The County departments using this software are asking the Commissioners to authorize the staff to work with RSM McGladrey to obtain the technical assistance needed to select and implement software. He said that the staff has had good experience working with RSM McGladrey in the County's Y2K preparations. Commissioner Halkiatis said that he supports this but that it is a shame that the North Carolina Association of County Commissioners does not get a software package together far all of the counties to use at a very reasonable cost. He feels it would be more efficient for the counties to get together on these issues and save money. Commissioner Jacobs suggested authorizing Chair Carey to write a letter to the NCACC to see if they are working on any issues with other counties in a consortium to purchase in bulk. Commissioner Brown made reference to the Information Technology Committee's proposal and how they support this issue. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve a contract with RSM McGladrey in an amount not to exceed $27,aaa, for technical assistance in the replacement of business system software. VOTE: UNANIMOUS d. Appointment of Special Board of Equalization and Review The Board considered a resolution providing for the appointment of a special board of equalization and review. John Link summarized the information in the agenda. He said that the appointments do not have to be made tonight. Commissioner Gordon made reference to the resolution an page 3, number 4 which talks about how each member should be a resident of Orange County. She would like to add language that the resident should have paid all Orange County taxes currently owed. Commissioner Brown made reference to number 4 and asked if all of this information is going to be required of the applicants. She was informed that these are not requirements, just considerations of the applicants. The Clerk will advertise for applicants of the Board of Equalization and Review. Commissioner Brown would like to add someone who is very interested in how land is being used in Orange County and to what extent the candidate has experience with zoning and land use planning. Commissioner Halkiatis thinks that every group that the County solicits citizens to serve on should require that the citizens have paid all Orange County taxes. Commissioner Brown said that there could be some situations where the person would have no control over the taxes being paid {i.e., divorce}. She also has a problem with 4b, because she does not think that owning property should be a prerequisite far anything. Commissioner Jacobs suggested keeping items one through four in the resolution leaving out the last sentence. The conditions can be added later if the Board decides. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a resolution providing for the appointment of a special board of equalization and review as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW WHEREAS, pursuant to North Carolina General Statute 105-332, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County; and WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322: and WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a special Board of Equalization and Review and by this resolution provide for the membership, qualifications, terms of office, and the manner of filing of vacancies on the special Board of Equalization and Review; NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT: 1. The special Board of Equalization and Review of Orange County is hereby created. 2. The Orange County special Board of Equalization and Review shall consist of three regular members and alternate members, each to serve for a term beginning on the date of appointment and ending after all appeals filed on or prior to June 30, 2000 have been heard and decisions rendered. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County, should have paid all Orange County taxes currently awed, and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same manner as it uses for other appointments. After the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chairman of the special Board. This, the 29th day of February, 2000. VOTE: UNANIMOUS e. TextAmendments to Subdivision Regulations and Zoning Ordinance The Board was to consider proposed revisions to subdivision regulations and the zoning ordinance. Commissioner Jacobs suggested that this item be postponed until the next meeting. f. Creation of BOCC Open Space Task Force The Board considered creating an open space task force with associated charge, structure and timeline. Commissioner Gordon said that she and Commissioner Brown have proposed to create a BOCC Open Space Task Force to try to move along some items that would be coming to the Board's attention. The charge of this group would be to make recommendations to the Commissioners for integrating the parks report and the Lands Legacy Program. The task force would also make recommendations to the Commissioners about facilitating the implementation of the reports. Commissioners Gordon and Brown will serve on this task force. Commissioner Jacobs would like to participate as well; either with announced meetings or a rotating schedule. Discussion ensued on the validity and appropriateness of having three County Commissioners serve on a committee. Commissioner Jacobs said that he is uncomfortable with the way this is being done. He feels if he has just as much interest as the other two Commissioners in working with this issue, he should work on the task force. Commissioner Halkiotis suggested tabling this item for the next meeting and having the Chair poll the members to try to come to a resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to table this item. VOTE: UNANIMOUS 1 Q. REPORTS a. "A New Consensus for Farmland Preservation" -Stakeholders Listing The Board was to review a draft list of stakeholders for participation in the "New Consensus for Farmland Preservation" initiative. However, this item was postponed to a future meeting. 11. APPOINTMENTS The Board considered appointments of trustees to the Cedar Grove Volunteer Fire Department. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to appoint Betty Borland and Kim Woods as citizens of the Cedar Grove Fire District to serve as Trustees to the Cedar Grove Volunteer Fire Department. VOTE: UNANIMOUS 12. MINUTES The Board was to consider approval andlor correction of minutes from the following meetings: June 1, 1999 regular meeting; Oct. 13, 1999 work session; Nov. 22, 1999 work session; Dec. 7, 1999 regular meeting; and, Dec. 13, 1999 joint meeting with the school boards, however, this was postponed to a future meeting. 13. CLOSED SESSION "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer ar employee;" NCGS § 143-31$.11(a}(6}. This item was postponed to a future meeting. 14. ADJOURNMENT A motion was made by Commissioner Brown, seconded by Commissioner Gordan to adjourn the meeting. The next meeting will be help on March 14, 2000 at 7:30 p.m. in the board room of the Southern Human Services Center, Chapel Hill, North Carolina. VOTE: UNANIMOUS Moses Carey, Jr., Chair Beverly A. Blythe, Clerk