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HomeMy WebLinkAboutMinutes - 03-21-2000APPROVED JUNE 29, 2000 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 21, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, March 21, 2000 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis, and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, 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 Chair Carey added an additional application for consideration for the Planning Board. John Link asked to add a resolution to 9b that has been prepared by the Attorney in consultation with the Chapel Hill City Attorney. This resolution clarifies that the County Commissioners confirm the withdrawal of the rezoning request for the Greene Tract. This resolution allows Chapel Hill to cease the public hearing process and makes it clear to the public that the Chapel Hill Town Council does not need to proceed any further on this issue. In answer to a question from Commissioner Gordon, John Link said that it was important to Chapel Hill's staff that the rezoning process is addressed in a packet that Chapel Hill is preparing tomorrow. Commissioner Gordon and Commissioner Halkiotis disagree with adding more things to the agenda when there is a meeting two days from now. 2. CITIZEN 8 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 Mr. Qavid C. Herman spoke about the animal shelter. He said that he understands that animals are killed at the shelter that would be kept outside for any period of time by perspective adopters. He said that many yards in Orange County are ideally suited for outside pets. He said that the County Commissioners' immediate action would stop these needless deaths and let the citizens know that the Commissioners care about animals. The blanket solutions are not the answer. Commissioner Jacobs said that there is a subcommittee of the Board of Health that has been meeting with the Animal Protection Society. He assured Mr. Herman that the County is not in favor of blanket solutions that do not allow for individual difference and that do not allow for people to have outside dogs. PUBLIC CHARGE Chair Carey read the public charge. 3. BOARD COMMENTS Commissioner Gordon made reference to the article in today's newspaper entitled, "Orange Roads Belaw Average." She asked that the staff investigate why Orange County roads are rated below average and to find out what could be done or what kind of request could be made to DOT to rectify this situation. Commissioner Gordon made reference to the IFC meeting she attended today. She feels that there is going to be further investigation about possible sites for the homeless shelter. There will be a meeting on March 29'" about the status of the IFC at this point. Commissioner Halkiotis made reference to the article about Orange County's roads in the News & Observer and would like to have a full report on what actually is going on here. Commissioner Halkiotis said that he and Chair Carey attended a meeting of the Community College task force and one of the participants in the meeting said that a task force had been established to look at a third high school for the Chapel Hill-Carrboro City School system. He said that if a task force is going to be set up, it is only courteous to let others know about it. He feels that this sort of thing needs to be conveyed in a formal manner. Commissioner Halkiotis made reference to Highway !0 and the dangerous condition of the road. He would like an update on what DOT plans to do about the condition of this road. John Link said that the County Commissioners have asked that DOT officials come and talk about snow removal and this item could be added to that agenda. Commissioner Brown asked John Link if the third high school was mentioned at his monthly meeting with the schools and he said that it has not been discussed at his monthly meetings. Commissioner Brown also asked Commissioner Gordan if this was ever mentioned at the Schools and Land Use Council meeting. Commissioner Gordon said that she was aware that there would be a need for a high school for an additional 400 students. Commissioner Jacobs said that he attended the Chapel Hill-Carrboro City School Board retreat and they projected that the elementary schools would be out of room in 2004 or 2005. He said that the school board traditionally aver project the high school populations and not count mobile classrooms in calculating capacity. The sense that he got was that there was an immediate need for another elementary school. Commissioner Brawn spoke about the passibility in the near future of having a meeting with Chatham County. The Mayor of Chapel Hill would like for the County Commissioners to sponsor this meeting. The meeting would be a work group meeting between Chapel Hill, Carrboro, Orange County, and Chatham County. This would be a work group meeting and not a meeting of all of the Boards. She suggested and the Board agreed to have Beverly A. Blythe set up a meeting of this work group and gather agenda items. Commissioner Brown said that tomorrow is the Workforce Community Forum from 9:00 a. m. - 12:00 p. m. The forum will bring everyone up-to-date on programs, successes, and funding. The meeting will be at the Southern Human Services Center in Chapel Hill. Commissioner Brawn said that she has a draft letter regarding the Skills Development Center ready to go to Chapel Hill that she would like for the Board to support. This is a request that Chapel Hill look at their budget for any assistance they can give the County to help develop the front outside area of the Skills Development Center. She will fax a copy to the County Commissioners for their input. Commissioner Brown asked if John Link has had any contact with Carrboro about the expansion of their library and facilities. She received an email from the Mayor asking if the Commissioners would consider this request. John Link said that he has not talked with the Carrboro Town Manager. He plans to talk with him about this and also the report from the library ad hoc committee that looked at potential needs of library services throughout Orange County. He suggested discussing this during the budget process. He said that Carrboro is proposing that there be a resource center that would be computer oriented. The proposal was that Carrboro would provide the space, technical setup, and the computer system. Carrboro is asking the County to provide the staff support. Commissioner Brown asked about the Census and said that something needs to be placed on cable television to encourage people to send in the forms. Commissioner Brown asked the County Commissioners if they would consider responding to articles printed in the newspaper that are factually wrong or inaccurate. Commissioner Halkiotis supports this idea. Commissioner Jacobs said that most newspapers will run a correction if it is pointed out to them. When it is a letter to the editor within inaccurate information, he feels that the newspaper should receive information that is accurate. He suggested having a standard letter of clarification. Chair Carey said that if anyone sees this, they could bring it to the attention of the County Clerk. Commissioner Jacobs made reference to the libraries. He is the representative on the Hyconeechee Library Council. He said that he read a report done by a college student and that report said that library services are needed in Carrboro and Cedar Grove. Also, Chapel Hill is asking for a higher level of allocation for the Chapel Hill library. He said that the Library Director is going to work on a strategic plan so that requests could be prioritized to indicate if there is a basic level of library service that the County needs to provide in each community. Commissioner Jacobs said that regarding the DOT issues, he would like for the Board to consider requesting the County Manager to put on the agenda for April 11th a meeting with the DOT District Engineer Mike Mills and the DOT Board representative. There seems to be a total lack of communication between the Board of County Commissioners and DOT. Commissioner Gordon suggested getting the answers back from DOT and then considering a meeting or working it into a meeting which is already scheduled. The Manager will see if there is time on the agenda for the first meeting in May for a session with the DOT. If there is not time on the agenda, then there could be a dinner work session before the meeting. Commissioner Jacobs made reference to a letter from Betty Matthews in late January that was distributed about same handicapped people that are having difficulties with landscaping requirements and permits for ramps. He wanted to find out if anyone had begun to address this yet. This letter will be redistributed in order to get a response to Ms. Matthews. Commissioner Jacobs asked that as the Board considers recreation and parks for the County that athletics should be viewed as a clean industry that should continue to be promoted in Orange County. Commissioner Brown made reference to the new park at Efland Cheeks Elementary School and said that there are two carloads of kids playing basketball every day. 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONSIPROCLAMATIONS a. Approval of Resolution Concerning Revised Documents Governing Orange County Small Business Loan Program The Board considered approving legal documents and policies and procedures governing the Small Business Loan Program, and authorizing their execution. John Link said that these were the final legal documents, policies, and procedures that govern the small business loan program. The banks have all reviewed the documents and have approved them. The attorneys have approved the final language. Commissioner Gordon made reference to Attachment D and the changes made to the policies and procedures. She asked for an explanation of how the loan committee would work. County Attorney Geoffrey Gledhill said that there was no change in substance. The Small Business Loan Company Board of Directors consists of six bank representatives and three County representatives. He said that everything in the document that is marked through is now part of the small business loan company documentation. Commissioner Jacobs asked that "non-natural person" be defined in the document. Commissioner Brown asked who the other two County representatives of the loan committee were besides her. She was told that John Link and Ken Chavious were the other two. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: Resolution Regarding Small Business Loan Program WHEREAS: Orange County's Board of Commissioners (the "Board"} has determined that it is appropriate and desirable for the County to stimulate the creation of good jobs for Orange County citizens as well as to stimulate successful business development and expansion in Orange County. To that end, the Board has determined to provide for the creation of a small business loan company to serve as a lender to small businesses, and to support the company and a program of small business loans by appropriating funds to serve as a loan loss reserve for the loan program. The County Manager has presented to this meeting the Articles of Incorporation and Bylaws for the loan company, along with proposed forms of a "Support Agreement" and a "Loan Agreement" to carry out the loan program and a final revised version of proposed loan program guidelines (collectively referred to below as the "Loan Program Documents"}. BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, as follows: 1. The County approves the Loan Program Documents as presented to this meeting. The Clerk of this Board shall retain with the permanent records of this meeting copies of the draft Loan Program Documents as so presented. 2. The Board's Chair is authorized and directed to execute and deliver the Support Agreement and the Loan Agreement in final forms, and the Clerk to this Board is authorized and directed to affix the County's seal to such agreements and to attest the same. The Support Agreement and the Loan Agreement shall be in substantially the farms submitted to this meeting, with such changes as the Chair may approve upon recommendation from the County Manager and the County Attorney. The Chair's execution of such documents shall constitute conclusive evidence of the Chair's approval of any such changes. 3. The County Manager is authorized and directed to hold executed copies of the Support Agreement 3 and the Loan Agreement, and any other documents appropriate for the purposes of this resolution, in escrow on the County's behalf until the conditions for the delivery of such documents have been completed to his satisfaction, and thereupon to release the executed copies of such documents for delivery. 4. All County officers are authorized and directed to deliver all certificates and instruments and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the Loan Program Documents and otherwise to initiate the County's small business loan program. All other actions of County officers in furtherance of the purposes and intents of this resolution are ratified, approved and confirmed. 5. All other resolutions, or parts thereof, in conflict with this resolution are repealed to the extent of the conflict. This resolution shall take effect immediately. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Installment Purchase of Land from Duke University and Acceptance of Grant The Board held a public hearing on the resolution authorizing the installment purchase of land from Duke University and considered approving a grant agreement with the Clean Water Management Trust Fund in the amount of $143,000. Environmental and Resource Conservation Director David Stancil said that this public hearing is required because of the financing mechanism. In early 1999, the Board considered the purchase of the 63-acre tract of land that is located west of Hillsborough on US 70, previously part of Duke Forest. The Board agreed to an option to purchase in the spring of 1999 and authorized the submittal of a grant to the Clean Water Management Trust Fund. The Board agreed to exercise the option to purchase the land in December of 1999. The projected closing is March 31 St. The Attorney has prepared a Resolution of Purchase that covers all of the necessary actions that are needed. Commissioner Brown asked about the easement on the property. David Stancil said that the conservation easement that would be granted to the Clean Water Management Trust Fund and to the state of North Carolina is their portion of the funding of the project. The easement is a 300-foot area along the stream of the property and the boundaries of the property that are adjacent to Corporation Lake and McGowen Creek. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to close the public hearing and approve and authorize the Chair to sign the resolution as stated below: RESOLUTION APPROVING AGREEMENTS BETWEEN ORANGE COUNTY AND DUKE UNIVERSITY AND BETWEEN ORANGE COUNTY AND THE STATE OF NORTH CAROLINA CONCERNING THE INSTALLMENT PURCHASE BY THE COUNTY OF A 62.65-ACRE PARCEL OF LAND DESCRIBED HEREIN AND THE CREATION OF A CONSERVATION EASEMENT ON THE RIPARIAN BUFFER AREAS OF THE PROPERTY ALL AS SHOWN ON THE DOCUMENTS THAT ARE EXHIBITS TO THIS RESOLUTION< APPROVING CERTAIN OTHER ACTIONS RELATING THERETO AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the County of Orange, North Carolina, a political subdivision of the State of North Carolina (the "County"), has previously approved the acquisition of the Property; and WHEREAS, the County has previously approved the application for a Clean Water Management Trust Fund grant to help pay for the acquisition of the Property, which grant has been approved by the Clean Water Management Trust Fund under the terms and the conditions generally of the Grant Agreement, Temporary Conservation Easement, and Permanent Conservation Easement, drafts of which are exhibits to the resolution; and WHEREAS, the County is authorized to finance the acquisition of the Property by a contract or contracts that create in the Property a security interest to secure repayment of moneys made available for such purpose; and WHEREAS, the County has determined to proceed with the proposed financing of the purchase of the Property and to approve agreements providing for the installment payment with respect thereto; and WHEREAS, there have been presented for consideration by the County copies of the following documents relating to this matter: (a) a form of a deed from Duke University to the County for the purchase of the Property; and (b) a draft of an Installment Purchase Promissory Note under which Duke University would "advance" funds for the acquisition of the Property and the County would be obligated to make installment payments (as defined therein) to repay the funds advanced to it; and (c) a draft of an Installment Purchase Deed of Trust which the County would execute and deliver to a trustee for the benefit of Duke University and which would encumber the Property as security for the County's obligation to repay the funds advanced to it pursuant to the Installment Purchase Promissory Note; and (d) a draft of the Clean Water Management Trust Fund Grant Agreement under which the Clean Water Management Trust Fund would provide $143,000 to the County for the acquisition of the Property and to ensure the conservation of the riparian buffer area of the property and related draft Temporary Conservation Easement and draft Permanent Conservation Easement to ensure the permanent conservation of the riparian buffer area; no, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners for the County of Orange, North Carolina (the "Board of Commissioners"} hereby finds and determines in connection with the proposed Installment Purchase that (a) the proposed Installment Purchase Promissory Note is necessary or expedient far the County, (b} the proposed Installment Purchase Promissory Note, under current circumstances, is preferable to a bond issue of the County for financing the acquisition of the purchase of the Property, (c) the sums to fall due under the proposed Installment Purchase Promissory Note are adequate and not excessive for its proposed purpose, (d} the County's debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law, (e) although the taxing power of the County is not and may not be pledged directly or indirectly to secure any sums to fall due under the proposed Installment Purchase Promissory Note, the proceeds of taxes might be used to meet the sums to fall due under the proposed Installment Purchase Promissory Note and any increase in taxes necessary to meet such sums will not be excessive and (f) the County is not in default regarding any of its debt service obligations. Section 2. The Board of Commissioners hereby further finds and determines that it is in the best interest of the County to enter into the Installment Purchase Promissory Note, the Installment Purchase Deed of Trust, the Clean Water Management Trust Fund Grant Agreement, the Temporary Conservation Easement and the Conservation Easement in order to execute the plan for the acquisition of the Property and the financing thereof as described above. Section 3. The terms and provisions of the deed, the Installment Purchase Promissory Note, the Installment Purchase Deed of Trust, the Clean Water Management Trust Fund Grant Agreement, and the Temporary and Permanent Conservation Easement Agreements are hereby approved in all respects and the Chair of the Board of Commissioners, the County Manager of the County, the Finance Director of the County, and the Clerk to the Board of Commissioners are hereby authorized and directed to execute and deliver the documents, as may be applicable, in substantially the forms presented to the County, together with such additions, changes, modifications, and deletions as they, with the advice of counsel, may deem necessary and appropriate, and such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the Board of Commissioners and the County; provided, however, that the County Manager or the Finance Director of the County or his respective designee shall determine that the provisions of the Installment Purchase Promissory Note and the Installment Purchase Deed of Trust are consistent with the provisions of the Option to Purchase Agreement except as those agreements may vary the terms of the Purchase Promissory Note the final installment payment is due not late than January 31, 2002, the maximum stated interest rate with respect to the Installment Payments does not exceed 5.00% per annum and the aggregate amount of the principal components of the Installment Payments does not exceed $279,900. Section 4. The Board of Commissioners hereby approves, ratifies, and confirms the actions of the County Manager, the Finance Director, and the County Attorney of the County in connection with this matter. Section 5. The officers and employees of the County are authorized and directed (without limitation except as may be expressly set forth herein} to take such other actions and to execute and deliver such other documents, certificates, undertakings, agreements, or other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the agreements recited herein. Section 6. This resolution shall take effect immediately upon its passage. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Minutes This item was placed at the end of the Consent Agenda for separate consideration. b. Motor Vehicle Tax Refunds The Board approved a refund resolution for 18 motor vehicle tax refund requests in accordance with the resolution that is incorporated herein by reference. c. Budget Amendment #B The Board approved budget ordinance amendments and a grant project ordinance for fiscal year 1999- 20x0. d. A Resolution Appointing William (Buck) Tredway as Acting Deputy Clerk The Board approved and authorized the Chair to sign a resolution to appoint William {Buck) Tredway as acting deputy clerk as stated below: A RESOLUTION APPOINTING WILLIAM TREDWAY AS ACTING DEPUTY CLERK THE BOARD OF COUNTY COMMISSIONERS HEREBY RESOLVES that William Tredway is hereby appointed as Acting Deputy County Clerk for the County of Orange. As Acting Deputy Clerk, Mr. Tredway shall be authorized to perform all the duties and functions of the County Clerk in the absence of the County Clerk. e. Bid Award - Remanufacturing of Two Ambulances The Board awarded a bid to Westside Specialty Vehicles of Asheville to remanufacture two ambulances at a cost of $28,238 each. f. Renewal of Orange EMS and Rescue Squad Contract -Ambulance Transport Service This item was placed at the end of the Consent Agenda for separate consideration. ~ Approval of Easement across County Leased Property for Pathways Elementary Sewer Connection This item was placed at the end of the Consent Agenda for separate consideration. h. Change in Board of Commissioners' Regular Meeting Schedule This item was placed at the end of the Consent Agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes The Board considered approval and/or 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. Commissioner Gordon distributed a list of corrections for the minutes on the Consent Agenda. She would like to hold the minutes for December 7'h A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to hold the minutes for the December 7, 1999 regular meeting and approve the minutes from the following meetings with the corrections as distributed by Commissioner Gordon: June 1, 1999 regular meeting; October 13, 1999 work session; November 22, 1999 work session; and December 13, 1999 joint meeting with the school boards. VOTE: UNANIMOUS f. Renewal of Orange EMS and Rescue Squad Contract -Ambulance Transport Service The Board considered renewing a contract in the amount of $482,830 with Orange EMS and Rescue Squad, Inc. for ambulance transport services. Commissioner Jacobs asked that whenever there is a contract that it is mentioned in the contract that they are paying a living wage. He suggested that this become a standard operating procedure for any large contract. He asked about the issue of the language in payment notices. Rod Visser said that at the EMS Council meeting, there was a suggested change in the language on the bills going out far EMS ambulance services. There will be a recommendation for the Board within the next month on this language change. Commissioner Brown asked if this language change would not be so intimidating to people who receive bills from the County for ambulance services. Rod Visser said that the purpose of the language change is to try to say that the County is always willing to work out a payment plan if necessary. He said that no one would be denied service because of an inability to pay. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the contract in the amount of $482,830 with Orange EMS and Rescue Squad, Inc. for ambulance transport services. VOTE UNANIMOUS ,g: Approval of Easement across County Leased Property for Pathways Elementary Sewer Connection The Board considered approving an easement across the northwest corner of the County's Solid Waste Convenience Center, located on leased property at 1220 N.C. 57 North, for sanitary sewer service to the new Pathways Elementary School. Commissioner Jacobs asked if there was along-range plan far the convenience centers. Rod Visser said that this easement lies outside of the fenced area. Generally speaking, the County is maintaining a status quo approach to the delivery of solid waste collection services at the solid waste convenience centers. The staff plans to take a look at the Integrated Solid Waste Management Plan and see haw the County is going to deliver solid waste collection services in unincorporated parts of the County. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve an easement across the northwest corner of the County's Solid Waste Convenience Center, located on leased property at 1220 N. C. 57 North, for sanitary sewer service to the new Pathways Elementary School. VOTE: UNANIMOUS h. Change in Board of Commissioners' Regular Meeting Schedule The Board considered amending its regular meeting schedule to add a meeting May 18, 2000 at Stanback Middle School and change the date for a scheduled meeting with the school boards from Sept. 21 to Sept. 27, 2000. Commissioner Gordon said that she has a Triangle J Council of Governments meeting on September 27tH She asked if the Clerk could look at a different date to reschedule the meeting on September 21St The Clerk will ask the school board to consider other dates to reschedule the September 21St meeting with the school boards. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the addition of a meeting on May 18tH, and to schedule another date besides September 27tH for the September 21 St meeting with the school boards. VOTES UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Testing Results and Facility Use Agreement -Fairview Park The Board received the results of soil testing at Fairview Park and considered use of the site or another facility for the Fairview Youth Baseball group. John Link said that there were traces of arsenic found in the soil at Fairview Park and that the recommendation is to pursue formal arrangements with the Orange County School system for the spring and summer so that the Fairview Youth baseball team may use the Hillsborough Elementary School and possibly the Orange High School athletic fields. He has also been working with the Department of Aging and Transportation Director Jerry Passmore to provide a 24-passenger bus for two or three evenings a week to accommodate the Fairview Youth baseball team. The staff is recommending that the Board endorse the steps of obtaining use of the school athletic fields and ask staff to come back with a workable schedule by April 4tH County Engineer Paul Thames said that in accordance with EPA and state Department of Environment and Natural Resources standards, the landfill area was tested for more than 170 chemicals and metals. The only test result that was of concern was arsenic. He said that the results would be reported to the state. He said that the probable outcome is that the state will rule that the levels are only background and that no remedy would be required. The state Environmental Health department will then give a ruling as to the utility of the field with the arsenic levels and what could be done to protect the people using the field. James Stewart asked what it would take to resolve the levels of arsenic on the field. Chair Carey said that the state will give some input on the requirements and the County will let the public know when this input is received. James Stewart asked what would happen in the meantime when children are running around on the field and not necessarily playing baseball. Paul Thames said that the arsenic levels were very low and that casual exposure would not cause any harm. Chair Carey said that the staff would put up signs in the area and also would move forward expeditiously in providing the baseball facilities. Commissioner Brown said that she hopes that this adds a level of recreation activity that has never been available before in interacting with the recreation department. Commissioner Jacobs asked about the timeline for the remaining testing that needs to be done. Paul Thames said that the testing should be completed in mid April and results should be received back from the State approximately 60 days after the testing is finished. Commissioner Halkiotis made reference to the testing and mentioned that there are a lot of metals that occur naturally in the soils here in Orange County. He questioned the testing being done within the top two feet of the soil and Paul Thames said that future testing would be done on holes that are ten feet deep. Commissioner Gordon said that she is pleased that the testing has moved along and that a solution has been found so the kids could play this season. She is sorry that it is not closer to the neighborhood but it sounds like a satisfactory solution. A motion was made by Commissioner Brown, seconded by Commissioner Gordan to direct the staff to take the following next steps to secure playing and practice fields for the Fairview Youth Baseball group: - Develop a formal arrangement with the Orange County Schools for use of the Hillsborough Elementary and Orange High School fields for the FYB this summer. - Instruct the Recreation and Parks Department to prepare the Hillsborough Elementary School site for use (skimming of the infield area). - Develop a basic agreement between FYB and the County for use of these fields under County's auspices and transportation to the fields. - Instruct Recreation and Parks to develop, as soon as possible, a schedule of activities with the FYB for use of these fields. - Instruct staff to make arrangements with Orange Public Transportation for getting the FYB players to the fields at scheduled times, where practical. VOTE: UNANIMOUS b. Greene Tract -Identification of GO-acre Area The Board considered identifying a 60-acre portion of the Greene tract to be transferred to the County in accordance with the proposed interlocal "Agreement to Amend the Agreement for Solid Waste." David Stancil made reference to the map in the agenda and explained the surrounding areas on the map. He pointed out that the map shows the open space areas that surround the Greene Tract in a larger context. He explained some of the alternatives for the identification of the 60-acre area of the Greene Tract. He made reference to a map and said that it was the conceptual area that was generally agreed to at the Board's March 14th meeting. This encompasses the northern and eastern portions of the property. The area to the east of the existing Duke Power easement would be excluded. Commissioner Gordon said that this was not the conceptual plan that the Board approved. David Stancil said that some modifications were made to make the area fit to 60 acres. Alternative #1: This alternative addresses the issue of access to the rail line. In this alternative, there would be 6~Q feet of frontage along the rail line to the southeast. Some of the property along the potential historic site has been traded for access to the rail line. Alternative #2: This alternative addresses the potential for maximizing more areas that could be used for development with less of an emphasis on preserving ecologically sensitive areas. He pointed out the areas that would have pines and hardwoods. Alternative #3: This alternative addresses the potential for wildlife corridors on the property. The areas inside the heavy boundary would be areas that could accommodate wildlife corridors. David Stancil summarized the handout on buffers, erosion control, and drainage patterns. Commissioner Brown said that the Greene Tract has always been a place that needed to be preserved. She feels that Orange County should build on Chapel Hill's resolution in preserving the Greene Tract. She said that alternative #3 is interesting because it shows the wildlife corridor. She said that in considering the wildlife corridor, the areas of hardwoods that need to be preserved, and the headwaters of the three creeks, it is going to take a joint effort to preserve the Greene Tract. She feels the Board's preliminary selection last week was a good first attempt for Orange County to take responsibility to protect the northern part of hardwood forests and the two creeks towards the north, and then join with Chapel Hill to preserve the other sensitive areas. There is also a possibility of having some acreage on the Purefoy Road side for affordable housing. She suggests that the County go with the original plan adopted last week adjusting for the wildlife corridor. She also suggests that Orange County work with Chapel Hill and Carrboro to preserve the entire Greene Tract. Commissioner Jacobs asked about the disposition of the Neville Tract after it has been excavated. Gayle Wilson said that the site would be relatively flat, draining toward the sedimentation basin. He said that Mrs. Nunn was not interested in bringing it back to its original elevation with inert materials, so it will remain relatively flat. The main concern is erosion control. There will be restrictions on its use related only to solid waste. There are some buffers around the perimeter of the tract. Commissioner Jacobs said that he is totally supportive of protecting as much open space as possible. He has concerns about road access. He said that it was his understanding that the 60 acres were needed as an asset of the solid waste operation. If the County is going to choose the 60 acres that is most desirable to protect, then he does not see how it is an asset of the solid waste operation. Commissioner Gordon responded to Commissioner Jacobs and said that whatever entity took over the management of solid waste needed some assets in order to offset the cost of managing solid waste. Since it is an internal transaction, as long as the County has the asset, it is not quite so important as to which pocket the money is coming from. Chair Carey said that the 60 acres would be a solid waste asset and if it were used for another purpose the appropriate transfer would have to be made to the landfill fund. Commissioner Jacobs feels the County needs to leave some ability to do something other than protect the 60 acres for future Commissioners. He said that if the 60 acres were going to be put in open space permanently, Orange County would need to do it with the understanding that they would pay the solid waste operation far the land. Commissioner Halkiotis feels that the County has already lost the passibility of interconnecting three tracts of land and looking at the possibility of establishing omega-park. He made reference to a letter that was in the Chapel Hill Herald today that suggested that the County sell the Greene Tract and put the money in the landfill fund. He thinks there is an opportunity to make a statement for the future and keep the best piece of land as an asset and then figure out what is in the best interest of the citizens. Commissioner Gordon said that she prefers alternative #1. She said that her vision for the Greene Tract is that it would remain undisturbed. She proposed that the County pursue obtaining contiguous property. She wants the County to be interested in delineating the natural areas. She indicated on the map the location of the natural areas. She said that theoretically the land is an asset of the landfill. She asked about the Duke Power restrictions on the easement. She also asked how much land the County would need to have access to the railroad. She said that her vision for the Greene Tract is that it would be mainly open space. She would like the staff to research what the restrictive covenants are for the residences, what the Greene Tract buffers mean, and what would the other jurisdictions do with the property adjacent to the railroad tracks. Chair Carey feels that alternative one does provide same potential for the area for both development and protection. He feels that because the 60 acres is an asset of the system that some opportunities should be preserved far it to be used for developable purposes. Commissioner Gordon asked how much is designated along the railroad and David Stancil said between 500-600 feet. She asked what it could be used for and John Link said that he would think that any structure would be accommodated. She suggested having an alternative access in the northern part of the tract where the Duke Power easement would not have to be crossed. Geoffrey Gledhill said that someone could be employed to determine the needs of access to the railroad. He said that since there are so many unknowns associated with the railroad, the County should focus on physically making a connection to the railroad right-of-way. Chair Carey said that the County could exclude aright-of-way from the 60 acres and negotiate with the towns for using it far that purpose as a part of the 109 acres without having to assume responsibility far it as an asset. Chair Carey supports alternative #1 because it provides maximum flexibility for the use of this property. Commissioner Gordon asked about the buffers from the Neville Tract. Gayle Wilson said that in changing the Neville Tract to allow excavation of soil, the Town required a buffer. The landfill required a certain amount of soil to come off the property, and it was determined that since most of the property would have to be used for soil excavation, that the buffer was placed on the adjacent property, which was the Greene Tract. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to adapt alternative #1 and send on to Chapel Hill the following: 1) the wildlife corridor map, showing and highlighting the various natural areas with an explanation; 2) the goldenrod sheet showing the drainage pattern and what it means in terms of a natural area being the headwaters of the creeks; and 3) a statement of support of Chapel Hill's resolution to maintain the Greene Tract in a natural state to the greatest extent possible, since there has been a mention of affordable housing. The County's intent is to preserve the property in its natural state and build on the support of the Chapel Hill resolution. VOTE: UNANIMOUS Chair Carey will circulate the letter to the other Commissioners before it is sent to Chapel Hill. With regard to the resolution added to the agenda, Geoffrey Gledhill said that the application for rezoning is still out there and pending and it will be processed if there is no formal action to withdraw the application for the rezoning. By this resolution, Orange County as an owner of the property will withdraw their support for rezoning the Greene Tract. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to withdraw Orange County's support of the rezoning request of the Greene Tract. VOTE: UNANIMOUS c. Adoption of County Capital Project Ordinances The Board was to consider adoption of capital project ordinances for projects included in the 1999-2009 Capital Investment Plan. This item was postponed to the March 23, 2000 work session. d. TANF Housing Program Implementation Plan The Board was to consider approving a professional services contract with Gee Associates in an amount not to exceed $141,309 for overall management, supervision and case management services for the Orange County Temporary Assistance to Needy Families (TANF) housing program, with the assistance of additional block grant reimbursement funds. This item was postponed to the March 23, 2000 work session. e. Creation of BOCC Open Space Task Force The Board was to consider creating an open space task force with an associated charge, structure and timeline. This item was postponed to the March 23, 2000 work session. 10. REPORTS a. Water-Sewer Boundary Revisions The Board was to discuss unresolved issues related to the proposed inter-local agreement on water- sewer service boundaries. This item was postponed to the March 23, 2000 work session. 11. APPOINTMENTS The Board was to consider appointments to the Adult Care Home Community Advisory Committee; Arts Commission; Commission for the Environment; Equalization and Review Board; Historic Preservation Commission; Hyconeechee Regional Library Board; Innovation and Efficiency Committee; Orange County Board of Adjustment; Orange County Planning Board; Recreation and Parks Advisory Council; Chapel Hill-Orange County Visitors' Bureau; and, Water Resources Committee. This item was postponed to the March 23, 2000 work session. 12. MINUTES The Board was to consider approval andlor correction of minutes from the following meetings: Jan. 20, 2000 regular meeting/retreat; Jan. 24, 2000 meeting with the town of Mebane; Jan. 31, 2000 meeting with the town of Hillsborough; Feb. 1, 2000 special meeting; Feb. 1, 2000 regular meeting; Feb. 8, 2000 work session; Feb. 14, 2000 regular meeting; Feb. 21, 2000 JPA public hearing; Feb. 28, 2000 quarterly public hearing; and, Feb. 29, 2000 regular meeting. This item was postponed to the March 23, 2000 work session. 12. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to go into Closed Session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). 14. ADJOURNMENT With no further items for the Board to consider, the meeting was adjourned. The next regular meeting will be held on Thursday, March 23, 20Q0 at 7:3Q p. m. in the meeting room of the Government Services Center in Hillsborough, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair 10