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HomeMy WebLinkAboutMinutes - 06-06-2000APPROVED 4/17/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 6, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, June 6, 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. Brawn, 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 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to add as item 9g, "Consideration of a Moratorium of Development Applications near Intersections of I-$5INC86 and I-40/Old NC86." Commissioner Brown suggested moving item 9f -consideration of The Woodlands Preliminary Plan - forward so that the speakers on this item would have time to speak. Commissioner Brawn amended the motion to address item 9f and 9g after 9c, and then address items 9d and 9e. VOTE: UNANIMOUS John Link asked if the Efland Wastewater Extension report, item 10a, could be addressed tonight. He said that this report would be important to hear before considering the Richmond Hills Subdivision at the next meeting. There was a consensus by the Board to hear the Efland Wastewater Extension report after item 9g. CITIZEN & AUDIENCE COMMENTS a. Matters not an the Printed Agenda Jim Singleton said that he lives at the rack house at the corner of US 70A and Lawrence Road and there is a problem with dump trucks coming up Lawrence Road. He said that his house was one of only two occupied dwellings in all of Orange County that has been designated a historic landmark. Tonight during dinner, six trucks came up Lawrence Road. The trucks are causing damage to the property because of vibration. He asked that the County Commissioners declare Lawrence Road off limits for heavy trucks. He also spoke about the speed limit on Lawrence Road. The speed limit is 45mph. On a wet day he has seen cars skid through the stop sign. He asked that the speed limit be lowered to 35mph. Keith Burns spoke on behalf of Joe Phelps, who is involved in developing Bricewood subdivision. He distributed a letter related to his presentation. The development is near the intersection of Governor Scott Road and Mill Creek Road. The development is 27 acres and would have 15 residential sites of about one to two acres each. He said that at the Board of County Commissioners April 4t" meeting, the Board had some concerns and referred it back to the Planning Department for additional information. He said that it was unclear as to what additional information was needed. It appears that the information relates to adjoining waterways and the efforts to police buffers that are in place in this plan. He said that efforts to work with the Planning Department and to bring the matter back have not been successful. A conservation easement has been proposed to address some of the buffer concerns. He asked that this item be placed on the agenda for June 29t". He also asked for some direction from the Board so that he could be fully prepared to answer any questions at the meeting. John Link said that this issue was with the Planning staff at this time and he would check on the status. He said that he would aggressively pursue this for the June 29t" meeting. Myles Presler from Empowerment, Inc. talked about an opportunity to purchase eleven houses from one owner in Carrboro. These homes are right off of Hillsborough Road in Carrboro on Dillard Street, which is a small, gravel road. The Wright family built these homes many years ago. The family has since passed and left the homes to seven heirs, with the instructions that the rents be kept affordable. The rents on the two bedroom houses - 900 to 1000 square feet -are $450 a month. Empowerment is under contract today to purchase the properties. He said that Empowerment would need a decision in August. He asked if he could work with the staff over the next month to ascertain if this is something that the Board would be interested in working on. They need a commitment by August 30t". The amount of subsidy they would request depends on how it is approached. He is open to whatever will work. Tonight he just wants to know if this is something that the Board is interested in. Chair Carey said that the Board was interested in having a review done by the staff on these properties. Commissioner Halkiotis suggested that Myles Presler work with the County staff and bring something back before the summer break. Commissioner Jacobs said that he would like to see Myles Presler get together with staff. However, he feels that there are other affording housing groups that are waiting on decisions from the Board. Commissioner Gordon would like to see a written proposal. Also, to be fair to other groups, she wants it to be clear that other groups would have the same access to staff and that any group can come and ask staff to work with them at any time. Jahn Link said that the staff would need to have their proposal and report by June 19t" or June 20t". He suggested that the material be sent out in advance of the June 29t" meeting so that questions and concerns can be addressed. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) PUBLIC CHARGE Chair Carey read the public charge. 3. BOARD COMMENTS Commissioner Halkiotis said that a person lost her life on US 70, east of Palmer's Grove Road a couple of weeks ago. He asked that the Chair write the Department of Transportation (DOT} to request a traffic light at this intersection and to reduce the speed limit from 55mph to 45mph. Commissioner Halkiotis made reference to the Efland Cheeks Park. He said that the ball field was driven on this weekend and the field was heavily damaged. He thought this Board designated the community center as a Sheriff's substation. He asked that direction be given to staff to designate two parking spaces for Sheriff vehicles. He would like to see how the facility is being used. Commissioner Jacobs reported that he went to the informational meeting about the southeast high- speed rail system and the conceptual plan has changed. They have found out that they will need to slow down an some curves. The train will be going 110 mph, but they are accepting 70-80 mph on same of the curves. They are also looking at an alternate route that may skip this section of North Carolina and go from Raleigh through Sanford and Troy to Charlotte. The committee is in the information gathering stage and will report back in early 2001. Commissioner Jacobs reported that a meeting was held last evening on Agricultural Economic Development, with the primary message on looking at agriculture as an industry. The speaker, Phil Gatwalls, gave numerous examples of haw working with farmers as a business helps farms became more successful. He made reference to agricultural incubators and how the new Commissioner on Agriculture, Meg Scott Phipps, was interested in pursuing this far regions in North Carolina. Commissioner Jacobs made reference to the comments made about US 70 east and said that this was a good example of why the County Commissioners should have an established process for give and take with the Department of Transportation. He would like the County Commissioners to have some kind of direct impact on decisions about roads in the County. Commissioner Brawn noted that over the last five years, the County has worked hard to include rural farms in economic development. She supports this idea. Commissioner Gordon made reference to the high-speed rail proposal and asked that the County staff get the materials and make a recommendation on how this would impact Orange County. The red route could have a profound effect on Orange County. She would like for County staff to let the County Commissioners know when to expect a report. John Link said that he would be glad to give the County Commissioners a timetable for getting information about this proposal. Commissioner Brown asked Commissioner Gordon if Orange County would be involved in addressing the issues that have been identified. Commissioner Gordan said that Triangle Transit Authority was trying to resolve the many issues. There is competition for space in the right-of-way, and competition for funds. 4. COUNTY MANAGER'S REPORT None 5. RESOLUTIONS/PROCLAMATIONS a. Resolution Implementing a Grass Receipts Tax on Rental Vehicles Exempted from Property Tax The Board considered implementing a gross receipts tax on certain rental vehicles to replace the ad valorem tax an such vehicles that was recently rescinded by the North Carolina General Assembly. John Link said that on May 17t", Governor Hunt signed legislation, which was Senate Bill 1076. This bill substitutes a grass receipt tax for property taxes for leased or rented motor vehicles. He received a draft resolution from the County Commissioners Association. The County must enact a local ordinance in order to recoup the lost revenue effective July 1St Assistant County Manager Rod Visser talked about the timetable. He said that this bill would be signed within six weeks and made law. The ordinance needs to be in place by July 1St. The amount of revenue that could be lost would be $100,000. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING ESTABLISHMENT OF AN ORDINANCE LEVYING A TAX ON GROSS RECEIPTS DERIVED FROM RETAIL SHORT-TERM LEASE OR RENTAL OF MOTOR VEHICLES WHEREAS, the North Carolina General Assembly has ratified Senate Bill 1076, signed into law as Session Law 2000-2 {S.L. 2000-2) and effective for taxable years beginning on or after July 1, 2000; and WHEREAS, the act repealed the property tax on certain vehicles leased or rented under retail short-term leases or rentals and authorized counties to replace the lost tax revenue through enactment of a local tax on gross receipts derived from retail short-term leases of rentals. NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners, that the fallowing ordinance is enacted: SECTION 1. Tax on Gross Receipts Derived from Retail Short-Term Motor Vehicle Leases or Rentals. The County of Orange hereby imposes and levies a tax or one and one half percent {1 ~/°k) of the gross receipts from the short-term lease or rental of vehicles at retail to the general public. SECTION 2. Administration. The County will administer and collect from operators of leasing and rental establishments the taxes levied hereby and the County may promulgate additional rules and regulations necessary for implementation of the taxes. SECTION 3. Payment of Taxes and Filing of Returns. The taxes levied hereby are due and payable to the County in monthly installments on or before the fifteenth (15t") day of the month fallowing the month in which the tax accrues. Every taxable establishment required to collect the tax shall, on ar before the fifteenth (15th) day of each month, prepare and render a return to the County. The County shall design, print, and furnish to all taxable establishments the necessary forms for filing returns and instructions to ensure the full collection of the tax. A return filed for this purpose is not a public record as defined by Section 132-1 of the North Carolina General Statutes and may not be disclosed except as required by law. SECTION 4. Penalties. A person, firm, corporation, or association who fails or refuses to file a return and pay the tax levied herein shall pay a penalty of ten dollars ($10.00} for each day's omission up to a maximum of two thousand dollars ($2,000.00) for each return. Incase of failure or refusal to file a return or pay the tax for a period of thirty (30} days after the time required for filing the return ar paying the tax, there shall be an additional tax, as a penalty, of five percent {5°l0} of the tax due, with an additional tax of five percent (5%) for each additional month or fraction thereof until the tax is paid. The Orange County Board of Commissioners, for good cause shown, may compromise or forgive any penalty or additional tax imposed hereunder. SECTION 5. Misdemeanor for Willful Violation. Any person, firm, corporation, or association who willfully attempts in any manner to evade a tax imposed herein or who willfully fails to pay the tax or make and file a return shall, in addition to the penalties provided by law and herein, be guilty of a misdemeanor punishable as provided by law. SECTION 6. Effective Date. The short term rental or leased vehicle gross receipts tax levied herein shall become effective July 1, 2000. VOTE: UNANIMOUS b. Resolution Supporting House Bill 1396 Concerning the Scheduling of a Public Referendum The Board considered a resolution calling for a public referendum in November 2000 to amend the North Carolina Constitution to recognize healthcare as a fundamental right. Chair Carey said that this has been promoted by Representative Verla Insko and has received much support from people who are active in the policy-making process in the state. Commissioner Brown asked what this resolution meant. Geoffrey Gledhill said that the objective was to make sure that there is a plan in place at the state level to assure health care. He said that the way it will be played out most significantly is in requirements for private insurance companies so that people are not excluded from coverage for reasons that conflict with the North Carolina Constitution. He is not sure what the other effects will be. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION SUPPORTING HOUSE BILL 1396 AN AMENDMENT TO THE CONSTITUTION OF NORTH CAROLINA TO RECOGNIZE HEALTH CARE AS A FUNDAMENTAL RIGHT OF ALL RESIDENTS WHEREAS, Representative Verla Insko introduced House Bill 1396 into the General Assembly of North Carolina, Session 1999-2000, to amend the Constitution of North Carolina, as follows: Sec. 38. Health Care (1) Basic right. Health care is an essential safeguard of human life, and there is an obligation far the state to ensure that every resident is able to obtain this fundamental right. No later than May 31, 2004, the General Assembly shall provide by law a plan that enables every resident of the State to obtain appropriate health care an a regular basis. {2) No money damages; other enforcement. Nothing in this section shall be construed as creating a claim far monetary damages against the State, a county, a municipality, or any of the agencies, instrumentalities, ar employees thereof. The General Assembly may provide for other remedies to ensure adequate enforcement of this section. WHEREAS, 15% of North Carolina's population, or over a million people, are without health insurance and this number has increase 57°l° over the last seven years, which is a growth rate two to three times greater than the national average; and WHEREAS, 74% of uninsured adults in North Carolina are employed, and the majority of these lack coverage because their employer does not offer a health benefit or, if they do, it is too costly; and WHEREAS, research has demonstrated that the uninsured, even those who are sick, chronically ill, or have special health care needs, get less health care than those who have insurance and are more likely to delay getting the care they need and less likely to use preventative services; and WHEREAS, Medicare does not currently cover prescription medications and the average out-of-pocket spending for health care of a typical elderly person is 23°1o of their income; and WHEREAS, 30°fo of those financially eligible for Medicaid are not covered because of other restrictions; and WHEREAS, the United States is the only industrialized nation in the world that does not provide health care for all its citizens: and WHEREAS, European countries, including the countries that have amulti-payer system, spend less than 10°~ of their Grass Domestic Product an health care, compared to 14°I° spent by United States citizens; and WHEREAS, a majority of citizens in the United States and in North Carolina believe that every citizen should have access to health care on a regular basis; and WHEREAS, the findings of the 1994 NC Health Study Commission found that insuring all North Carolinians was financially feasible; and WHEREAS, HR 1396: Would not require that the state become a health care provider or insurer, Would not prescribe any particular mechanism to meet the obligation of providing access to health care for all, Would not expose health care providers to lawsuits just because they refused to provide care for a specific individual that demands it, Would not require that the state provide health care to illegal aliens; and WHEREAS, HR 1396 would put the proposed constitutional amendment on the ballot giving the citizens of North Carolina the chance to express their will on this issue in November and if passed require that the General Assembly provide a plan to ensure access to appropriate health care on a regular basis for all residents of North Carolina; THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT: 1. We publicly endorse HR 1396 and support its passage by both houses of the North Carolina General Assembly during the 1999-2000 session sa that the 1 question of a constitutional amendment may be posed to the people of North Carolina during the general election in November 2000. 2. A copy of this resolution will be sent to Governor Jim Hunt, Senator Marc Basnight, President Pro Tempore, Representative Jim Black, Speaker of the House, Representative Bill Culpepper, Chairman of the House Rules Committee, and to the members of the North Carolina General Assembly who represent this County. VOTE: UNANIMOUS c. Resolution Regarding University of North Carolina's Payment of Service Availability Fees to the Orange County Water and Sewer Authority (OWASA) The Board considered a resolution of support for OWASA's cost recovery from UNC Chapel Hill relative to growth under the "cost-of-service" principle. Chair Carey said that this was placed on the agenda because it was a foundation for some discussions that OWASA is currently having with the University of North Carolina to try and pursue equity in the payment, development, and maintenance of certain facilities in the OWASA service area. Commissioner Jacobs made some changes to the wording of the resolution, and they are incorporated in the blue copy. A motion was made by Commissioner Brawn, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as changed by Commissioner Jacobs and stated below: A RESOLUTION REGARDING THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL'S PAYMENT OF SERVICE AVAILABILITY FEES TO THE ORANGE WATER AND SEWER AUTHORITY FOR WATER AND WASTEWATER TREATMENT PLANT CAPACITY AND RELATED INFRASTRUCTURE COSTS ASSOCIATED WITH NEW DEVELOPMENT WHEREAS, the University of North Carolina at Chapel Hill (the University} and the Towns of Carrboro and Chapel Hill transferred their water and sewer utilities to the Orange Water and Sewer Authority (OWASA} in February, 1977; and WHEREAS, the transfer of water and sewer responsibilities occurred through Agreements of Sale and Purchase, which require as a fundamental principle that OWASA's rates be based on costs of service; and WHEREAS, the Agreements of Sale and Purchase also exempt the University from acreage fees and similar fees {now called service availability fees) for new connections to then-existing mains transferred to OWASA, and WHEREAS, the University and OWASA entered into a Memorandum of Agreement in 1996 which defined, with a map, the central campus as the area in which the University is exempt from paying service availability fees; and WHEREAS, when the University and OWASA developed the 1996 Memorandum of Agreement, the University had expressed an intent that future development would predominantly occur on the University's Horace Williams and Mason Farm tracts and not in the central campus area; and WHEREAS, the Chapel Hill Town Council supported the 1996 Memorandum of Agreement between the University and OWASA; and WHEREAS, the University is now planning to concentrate new growth within the central campus area, which was not anticipated to occur when the University and OWASA entered into the 1996 Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board: Supports the OWASA Board of Directors' stated position that cost recovery from the University related to growth is consistent with the cast of service principle whereby all customers pay their fair share of the cost for the water and sewer service they receive. Expresses its appreciation to the University for its readiness to discuss ideas for a mutually acceptable solution concerning service availability fees. Encourages OWASA and the University to expeditiously seek a fair resolution to this matter, and stands ready to assist as needed. VOTE: UNANIMOUS d. Resolution Concerning High School Financing Plan -Orange County Schools The Board considered a resolution authorizing staff to proceed with a plan and process for financing a new high school in the Orange County School District. John Link said that the current capital plan includes the funding for the construction of the new high school in the Orange County School district. The present estimate of the new high school is 27.9 million dollars. Superintendent Bridges' letter indicates how the district proposes to address the additional $2,992,000 from the original estimate in 1997. There will be a million dollars in additional installment purchase and the school system's own CIP funding including 1.3 million dollars in savings from the Pathways Elementary School project. The County is in the process of getting Local Government Commission approval for the non-bond portion of the project. Finance Director Ken Chavious said that the Local Government Commission has recommended that the County apply for certificates of participation as the method of financing. Commissioner Gordon asked about the item indicating that the CIP technology would be deferred. She asked about the effect on technology. Bob Jessup answered that the school system gets $625,000 a year for technology in the CIP. He said that this allocation was reduced to $600,000 for ten years to come to the figure. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adopt and authorize the Chair to sign the resolution as stated below and to set a public hearing for June 29, 2000. RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING STAFF WORK FOR A PROPOSED INSTALLMENT FINANCING FOR THE PLANNED NEW ORANGE COUNTY HIGH SCHOOL WHEREAS, Orange County has previously approved in principle a plan to finance a portion of the construction casts for a new high school for the Orange County school district through an installment financing contract, as authorized under Section 160-A-20 or the North Carolina General Statutes; and WHEREAS, the Board of Commissioners has been advised by the Finance Officer, after consultation with school board representatives, that installment financing for project construction costs will be required in an amount not to exceed $13,500,000 and the Board has determined now to proceed with the installment financing; and WHEREAS, under the guidelines of the North Carolina Local Government Commission {the "LGC"}, this governing body must make certain findings of fact to support the County's application for the LGC's approval of the County's proposed financing arrangements for the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North Carolina, makes the following findings of fact: 1. The proposed project is necessary and appropriate for the County under all the circumstances. The County accepts the determination in this regard initially made by the Orange County School Board. 2. The proposed installment financing is preferable to a bond issue for the same purpose. The County's long-range capital improvement plan for the County schools has contemplated an installment financing for a portion of this project's costs for same time, and the Board has determined that the capital improvement plan represents the preferred program for combining the various types of financing available to the County in light of the various capital needs facing the County. The Board notes that approximately one-half of the project's cost will be paid for from proceeds of general obligation bands approved by the County's voters in November 1997. The County has no ability to issue non-voted general obligation bonds for this project, and this project will produce no revenues that could be used to support aself-liquidating financing. 3. The sums to fall due under the contract are adequate and not excessive for the proposed purpose. The County will obtain competitive proposals for the financing now to be approved and the County expects that its high credit rating will enable it to obtain favorable financing terms. In addition, general obligation bond proceeds will pay approximately one-half of the project's construction costs, and County pay-as-you-go capital funds will pay additional project costs. 4. The Finance Officer has confirmed to the Board at this meeting that {a) the County's debt management procedures and policies are sound and in compliance with law and (b) the County is not in default under any of its debt service obligations. 5. There will be no increases in taxes necessary to meet debt obligations under the proposed financing arrangements. The County expects that interest rates to be payable by the County an the proposed financing, and the expected term of the financing, will allow the County to repay the financing within current resources. 6. The County Attorney is of the opinion that the proposed project is authorized by law and is a purpose for which public funds of the County may be expended pursuant to the Constitution and laws of North Carolina. BE IT FURTHER RESOLVED that the Finance Officer and all other County officers and employees are authorized and directed to proceed with the installment financing contemplated by this resolution and as described to the Board, and to take all such further action as they may consider necessary or desirable in that connection. BE IT FURTHER RESOLVED that the Finance Officer is specifically authorized and directed to provide for the publication of a notice of public hearing on the proposed financing, in the farm and manner prescribed by statute, with the hearing to be held at the Board's meeting on June 29, 2000. BE IT FURTHER RESOLVED that this Board's determination to proceed with an installment financing shall be subject to the Board's further consideration in light of any public comment received at the public hearing. VOTE: UNANIMOUS Commissioner Jacobs asked about the buffer of trees near the high school that was eliminated and wanted to make sure that it would not be paid for by Orange County taxpayers. Superintendent Bridges said that there was funding in the overall budget far landscaping and some timber was sold off of the site. The rebuilding of the buffer would come from these funds. 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. FY 2000 Housing Development Grant Application This item was presented by Housing and Community Development Director Tara Fikes far the receipt of citizen comments regarding the development of a FY 2000 Housing Development Grant Application. This program is designed to facilitate the provision of single family homeownership or multi- family rental projects. There is approximately $250,000 available far each community that received a TANF housing grant last fall. Orange County is one of the eight communities in the state that received one of these grants. Any comments received at this hearing will be used to identify a potential project for the development of a sound housing development application at this time. Susan Levy, Director of the Habitat for Humanity program, said that the proposal they are bringing forward is Richmond Hills in Efland. She distributed a chart showing the preliminary budget for phases I & II of the Richmond Hills Subdivision. She said that the $250,000 was a very important piece of the overall financing for this project. Habitat for Humanity has already acquired the land and paid the closing costs. The homes will be built at a cast of about $55,000 per home. The total cast of the project is $2,380,850. She said that there was a tight timeframe to finish the infrastructure and to get the 25 homes completed. Habitat far Humanity serves families who earn 50% of median income ar below. The homes will remain affordable for at least 99 years because County bond funds are being used. Commissioner Gordon asked about the square feet in the 25 homes and was told that some would be 1,000 square feet and some would be 1,200 square feet. Commissioner Gordon asked about the water and sewer system in the subdivision. Susan Levy said that Habitat for Humanity has received permission from Orange-Alamance to tie into their system far the water. The intent is to tie onto the proposed sewer system. They have an easement from the school board to connect from a connection on their property. Commissioner Gordan asked about the cost of the homes to the buyers. Susan Levy said that Habitat for Humanity sells the homes for the appraised value. Payments are only made on a first mortgage of $67,500. There is na interest charged on these loans. The payments are around $350 a month over a 30-year period. The public hearing was closed. A proposal will be brought back on June 29t". 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. Minutes This item was removed and placed at the end of the Consent Agenda for separate consideration. b. Appointment of Michael Burton as an Additional County Review Officer The Board appointed Michael Burton as an additional county revenue officer to approve all surveys and plats to be recorded in Orange County. c. Agreement between Orange County and UNC Hospitals for three Medicaid Caseworkers The Board approved and authorized the Chair to sign an agreement with UNC Hospitals for three hospital-based Medicaid intake caseworkers, the cast of which is reimbursed by the hospital system. d. Quality Assurance Technical Assistance Contract for Landfill Cell #4 Liner This item was removed and placed at the end of the Consent Agenda for separate consideration. e. Acceptance of Grant for Wood Waste Processing This item was removed and placed at the end of the Consent Agenda for separate consideration. f. Employee Assistance Program Contract Renewal The Board renewed and authorized the Chair to sign a contract with Human Affairs International, at a rate of $1.82 per employee per month, for Employee Assistance Program services. ,g: Budget Amendment #12 The Board approved capital project ordinances for the Orange County Schools new high school and Chapel Hill-Carrbora Schools paving and parking lot renovations. h. Housing Bond Program -Pine Hill Drive This item was removed and placed at the end of the Consent Agenda for separate consideration. i. Audit Contract for June 30, 2000 Fiscal Year This item was removed and placed at the end of the Consent Agenda for separate consideration. L Home and Community Care Block Grant The Board approved the Home and Community Care Block Grant funding plan in the amount of $393,978. k. Lease Renewal for Suite 106, 501 W. Franklin St. This item was removed and placed at the end of the Consent Agenda far separate consideration. I. Pyrotechnics Permit -Orange County Speedway The Board approved a pyrotechnics permit for Orange County Speedway for a June 30, 2000 event. m. Resolution to Close Entrance of Carolina Loop (SR 15861 The Board approved a resolution to close the entrance to Carolina Loop at St. Mary's Road. n. Fox Hill Farm East -Phase 2. Sections Aand B -Preliminary Plan This item was removed and placed at the end of the Consent Agenda far separate consideration. o. Annual Agreement Renewal with UNC School of Dentistry and Health Department The Board approved and authorized the Chair to sign a contract with UNC School of Dentistry in the amount of $2,400 per year for pediatric dental services at the Health Department. ~ Contract Renewal with UNC Family Medicine and Health Department The Board renewed and authorized the Chair to sign a contract with UNC Family Medicine in the amount of $110,000 for physician services at the Health Department. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes The Board considered corrections and/or approval of minutes from the following meetings: March 21 regular meeting; March 23 work session; March 27 meeting with the school boards; March 29 budget work session; April 4 regular meeting; April 11 work session, and April 12 JPA public hearing. The Board decided to postpone the minutes until the next meeting. d. Quality Assurance Technical Assistance Contract for Landfill Cell #4 Liner The Board considered awarding a contract to Draper Aden and Associates in an amount not to exceed $56,652, for construction monitoring, material testing, and an engineering certification report for the phase 4 cell at the Orange Regional Landfill. Commissioner Jacobs requested that the Solid Waste Department hold a community information meeting to explain to people in the neighborhood what the process is and how long it is going to take. Commissioner Brawn asked if there would be any explosions. Mike Mahar, the Landfill Engineer said that there would be no mare blasting. Commissioner Brown asked Mr. Mahar to talk about any impacts that phase four might have. Mr. Mahar said that this was the last phase that would be built at the present site. The CQA project involves hiring a consultant to monitor the construction to make sure that it's done in accordance with state regulations. This would involve testing of soils, the plastic liner, and the clay liner. A report would be prepared that would go to the state for approval. After it is approved, an operating permit is issued. The project will take about 10-12 weeks. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award and authorize the Chair to sign a contract to Draper Aden and Associates in an amount not to exceed $56,652, for construction monitoring, material testing, and an engineering certification report for the phase 4 cell at the Orange Regional Landfill with the stipulation that a community information meeting be held to explain the specifics. VOTE: UNANIMOUS e. Acceptance of Grant for Wood Waste Processing The Board considered accepting a grant in the amount of $13,000 from the N.C. Department of Environment and Natural Resources, Division of Pollution Prevention and Environmental Assistance, for construction and demolition materials recycling. Commissioner Jacobs said that wood waste has been discussed by the C&D Task force. He would like to specifically state that the Board would like staff to work on this matter with the Solid Waste Advisory Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to accept a grant in the amount of $13,000 from the N. C. Department of Environment and Natural Resources, Division of Pollution Prevention and Environmental Assistance, for construction and demolition materials recycling. The staff will also work with the Solid Waste Advisory Board on this matter. VOTE: UNANIMOUS h. Housing Bond Program -Pine Hill Drive The Board considered approving an amendment to the development agreement for the Pine Hill Drive project. Commissioner Gordon asked for some discussion on this item because this was one of the bond items that was approved because of time sensitivity. Tara Fikes explained that at the time the original bond application was reviewed by the committee, the application was based on the assumption that these houses would be marketed to families earning between 52-58°~ of the median income. The committee rated the application based an that presumption. After the County entered into the agreement with Empowerment, Inc., they realized that they did not intend to be bound by that income range, but would like to be able to sell the properties to families earning 70% of median income and below. Commissioner Gordon said that she finds this troubling considering all of the circumstances. Commissioner Jacobs expressed a concern that the bond criteria were not in the packet. Tara Fikes will include this in future packets of information. Commissioner Brown said that she was concerned about this coming back to the Board, specifically that the 52-58% of median income was used to put this project in a higher priority list. Chair Carey said that he fully understood that the homes would be available to the lowest of incomes when the Board acted on this project. Commissioner Jacobs asked Mr. Presler to explain the justification of the change in their thinking. Myles Presler said that there had been no change in the price of the units. He said that it was affordable to a family of four earning between 52-58% of median income. He said that Empowerment, Inc. did not want to limit to selling at this level. On the average, families in the program earn 55°~ of median income. He said that they had priced the homes to be affordable at the 52-58% level, but did not want to limit selling the houses to this level. He apologized for the misunderstanding. Chair Carey encouraged the County Commissioners to approve this amendment tonight. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve the amendment to the development agreement far the Pine Hill Drive project. VOTE: UNANIMOUS i. Audit Contract for June 34, 2444 Fiscal Year The Board considered awarding a contract with Deloitte and Touche, LLP, in the amount of $66,500, for audit services for the fiscal year ending June 30, 2000. Commissioner Jacobs asked if the firm that does audits for the County was changed periodically. John Link said that the County periodically seeks requests for proposals far audit services. Finance Director Ken Chavious said that another request for proposal would be brought forward next year. The plans are to continue putting out requests for proposals every three years. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to award a contract with Deloitte and Touche, LLP, in the amount of $66,500, for audit services far the fiscal year ending June 30. 2000. VOTE: UNANIMOUS k. Lease Renewal for Suite 146, 541 W. Franklin St. The Board considered renewing a lease with Jim Lilley Properties far a 552 square-foot office suite at 501 W. Franklin St. in the amount of $9,180 per year. Commissioner Jacobs would like to know if the County plans to use these properties far income producing or to lease these properties to not-far-profits or non-profits. John Link said that he would be delighted to produce some sort of announcement when a lease comes up to see if there is anon-profit that wants to be located near the Skills Development Center. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to renew and authorize the Chair to sign a lease with Jim Lilley Properties fora 552 square-foot office suite at 501 W. Franklin Street in the amount of $9,180 per year. VOTE: UNANIMOUS n. Fox Hill Farm East -Phase 2, Sections Aand B -Preliminary Plan The Board considered a preliminary plan far Fox Hill Farm East, phase 2, sections A and B, located near the intersection of St. Mary's and New Sharon Church roads in Eno Township. Commissioner Gordan asked for an overview of the deannexation. Planning Director Craig Benedict said that originally during the application, staff had requested that those properties that were in the Hillsborough area be deannexed so that it would all be in the same jurisdiction. The staff decided that it would be more prudent to clear up both sides of the road and not just this subdivision. The Planning Board agreed to deannexing both sides of the road. It is not a mandate for Hillsborough, but a suggestion. This item is only asking that the properties in this parcel only be deannexed. Geoffrey Gledhill said that a bill has been introduced that would deannex the portion of the property for sections A and B. If the County Commissioners have not taken a position on the deannexation request of Hillsborough, but have requested separately that the entirety of the property be deannexed, there is no bill pending in the legislature to deannex all of it at this time. The letter from Faison and Gillespie represents a commitment an the part of the owner of the Fox Hill Farm property that is on the other side of New Sharon Church Road to make a request of the town board and to do everything that needs to be done to deannex the rest of the property upon the first of two events: 1) the County moving forward with a transfer station, ar 2) their own application to do any further development of the Fox Hill Farm property. Commissioner Halkiotis made reference to the legislative breakfast where this was discussed and said that the Commissioners were concerned and either wanted all of the property to go to the County or none of it. He said that it flies in the face of Smart Growth, and it concerns him. He does not like the tone of the letter from Faison and Gillespie and he resents it. Commissioner Jacobs said that the Board's position should be, that if there is a bill introduced to totally deannex the property, the Board should support it. If there is not a bill, the transmittal from the County Attorney should indicate that only if that is not the case, the Board would support the alternative. Geoffrey Gledhill will report to the County Commissioners at tomorrow's meeting whether there is a bill to deannex all of the property. Commissioner Jacobs asked to talk about the specifics of the subdivision. He made reference to the plat and asked if the cul-de-sacs were a stub out for any extensions of roads. Craig Benedict said that one stub out went to the east. There is same interconnectivity. Commissioner Jacobs made reference to lot 89 and said that he thought that septic fields would na longer be allowed in buffers. Craig Benedict said that the approach has been changed and he explained the specifics of the changes. Craig Benedict said that there were two types of open space in this plan. Most lots are 2-1l2 acres to 3 acres in size. Commissioner Jacobs said that if this was truly a pedestrian way, there should be sidewalks ar something for pedestrians to access the common area. Commissioner Jacobs asked why this repair area for the septic field was in this area and Mark O'Neill said that this was the only area for this repair field. Commissioner Jacobs said that if this became a septic repair area, he would like to make sure that there was still a visual vegetative buffer. Geoffrey Gledhill said that it could be incorporated into the covenant that if the septic repair area is located in lot 89, it will be placed there with minimal disturbance to the existing trees, and any trees that are disturbed that can be replaced, will be replaced. Discussion ensued about how to address the concerns about the buffer. Commissioner Halkiotis said that he trusts Craig Benedict to do what needs to be done to address the concerns with lot 89. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the preliminary plan for Fox Hill Farm East, phase 2, sections A and B, located near the intersection of St. Mary's and New Sharon Church roads in Eno Township, with the condition that the Planning Director will address the concerns expressed about the septic system on lot 89. VOTE: AYES, 4; NO, 1 (Commissioner Gordon) 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointment and Orientation Process The Board considered amending its resolution for the appointment and orientation process far boards and commissions. Commissioner Jacobs suggested being more specific in the language for the participation of elected officials on boards and commissions. He proposed removing, "or elected officials" and adding a new sentence, which would say, "Elected officials from other jurisdictions shall not be appointed to County boards and commissions, unless specifically representing their boards in their elected capacity." A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to amend its resolution for the appointment and orientation process for boards and commissions, with the addition as stated above by Commissioner Jacabs. VOTE: UNANIMOUS b. Contract between Animal Protection Society and Orange County for Animal Shelter The Board considered contracting with the Animal Protection Society of Orange County to provide animal shelter services at a cost of $392,671. Health Director Rosemary Summers said that a special subcommittee was set up to review the contract between the Animal Protection Society and Orange County for an Animal Shelter operation. The document as included in the agenda includes recommendations from the subcommittee. Changes were made in the shelter procedures manual. These changes include section 11.25, The Adoption of a Potentially Dangerous Dog; 11.26, the Adoption Appeals Process; 11.27, Outdoor Only Dog Adoption Guidelines; and 11.28, Definitions of Not Adoptable Animals. The Board of Health also reviewed the funding request far next year and recommended a 12°lo increase over the current year funding. The Manager's recommendation is at 10%, which would bring the funding to $392,671. This funding is designated primarily to raise staff salaries to aid in recruitment and retention. Commissioner Halkiotis thanked Rosemary Summers and questioned section 11.27 and stipulation C, Adequate Companionship. Rosemary Summers said that this was talking about human companionship. One of the factors in outdoor only adoptions is that when dogs are only outdoors, the owners tend not to spend as much time with thane dogs. As a result, the dogs become less socialized to humans and are at greater risk for becoming bite and behavior problems. One of the things with outdoor adoptions is that it is hoped that the owners will make a commitment to spending time with their animals. The staff is working on trying to track any nuisance calls with the outdoor only adopted dogs. Commissioner Gordon asked about the recommended changes in the procedures manual. She asked if there were any other parts in the manual where changes were considered but not made. Rosemary Summers said that the committee did not make any significant changes to the remainder of the document. There was one friendly amendment to language on page 2 of the contract. In 2a, the second sentence should read, "Society shall pay a living wage as determined from time to time by the Board of County Commissioners." Commissioner Brown asked about outreach on spaying and neutering and encouraged the APS to publicize these services. Rosemary Summers said that outreach was a joint responsibility by the Health Department and the APS. Dean Edwards, Associate Director of the APS, said that they have seen a dramatic increase in the number of requests from people who purchase certificates to have their animals spayed ar neutered. They have seen a tripling in the number of requests this year for low cost spay/neuter programs. He said that it was a sensitive issue with the local veterinarians because they believe that people who can afford to go to a veterinary clinic and pay the full amount might take advantage of the low cost spaylneuter program. Commissioner Brown would like to see the APS actively promoting the spaying and neutering program. Pat Sanford, Executive Director of the APS, said that they were working on a plan at this time to offer a low cost spaylneuter program. The spaylneuter legislation that Ellie Kinnard has recommended has a three to one differential. The APS is suggesting that the differential be raised to encourage people to have their animals spayed and neutered and to increase the reclamation fees. She said that 98°~ of the animals that leave the shelter are spayed and neutered before they leave. Commissioner Brown asked about the special neutering program for very young animals. Pat Sanford said that they spaylneuter puppies and kittens from eight weeks on if they are healthy. This cuts down on cancer in both males and females later in life. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve a contract with the Animal Protection Society of Orange County to provide animal shelter services at a cost of $392,671 with the minor change that the attorney made in the language in the contract. VOTE: UNANIMOUS c. Creation of Library Task Force The Board considered appointing ashort-term task force to study library service and draft along- range library plan. John Link said that the Board asked that the staff come back with a proposal on a countywide task force that would study library services in the County and prepare along-range plan far Orange County libraries, particularly in terms of haw the County would participate in providing for library services in the County. The timeline would begin in July and finish by the end of April 2001. Commissioner Gordan suggested adding to the charge/mission, "All proposals and recommendations shall be presented in priority order with estimated costs and potential funding sources given for each proposal or recommendation." She also suggested adding to the composition of the task farce: Chair, Chapel Hill-Carrboro City School Board or designee, Chapel Hill public library designee, and Chapel Hill Friends group designee. Commissioner Brown would like to have as part of the charge a statement about technology so there can be a picture of what kind of technology and spending is being done far each library. She would like a report on the level of technology, what has been spent on technology, and any future plans. Commissioner Jacobs would like to serve as the Commissioner representative on this task force. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the proposal to establish a short term task force to study County library services with all the changes and recommendations stated above. Commissioner Gordon asked if we need any At Large positions and suggested having three At Large representatives. There are seven At Large positions in the proposal. DOTE: UNANIMOUS A motion was made by Commissioner Jacobs to extend the meeting for the purpose of dealing with 9f, 9g, and 10a. Commissioner Brown would like to address item 9d. Commissioner Gordon would agree to extend for'/2 hour. The Board agreed by consensus to extend the meeting '/ hour. d. Request for Funding -Concept Plan far Southern Community Park The Board considered a request by the Town of Chapel Hill to use County park bond funds to develop a concept plan for Southern Community Park. Jahn Link made reference to the letter received by Chapel Hill Mayor Rosemary Waldorf on May Stn in which she asked the Commissioners to consider providing funding for a concept plan far the planned Southern Community Park. This letter was followed up by a letter from Town Manager Cal Horton on May 31St, in which the specific amount of $40-50,000 was defined as the amount far such a concept plan. He recommends that the Board appropriate up to $50,000 to the town for the development of the concept plan. He said that it was in keeping with the Master Parks and Recreation Plan to include the County and Carrboro in the development of the park with ideas and comments to the Town of Chapel Hill. Commissioner Brawn agrees with the recommendation to include Carrboro in this development proposal. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appropriate up to $50,000 to the Town of Chapel Hill for development of the concept plan far Southern Community Park, with the understanding that the remaining $845,000 of the designated $1 million from the band will be used toward constructing the first phase of the park, as described in the May 31St letter from Town Manager Cal Horton to County Manager John Link. She would also like to write a letter back to Chapel Hill, suggesting that Carrboro also be involved in the development. VOTE: UNANIMOUS e. Amendment to Orange County Private Roads Standards The Board was to consider amending the County's subdivision regulations regarding private road standards. However, this item was delayed. f. The Woodlands (formerly Nine Gates) -Preliminary Plan The Board considered a preliminary plan for the Woodlands subdivision near the intersection of Janes Ferry and Ferguson Roads in Chapel Hill Township. Craig Benedict summarized the information in the agenda abstract. During the review process, staff requested a left turn lane to be installed on Jones Ferry Road. The Planning Board had a tie vote an this issue. Since that time, the applicant has agreed to install the left turn lane into the project for these 41 lots. There has been some concerns addressed by the neighbors about this turn lane. He made reference to a letter he received from Lynn Cox outlining some concerns. The first issue is that when Nine Gates is developed to the public road standards, she is concerned about having access to her properly at all times. The developer has agreed to provide access to her property at all times. The second issue is that there is a hedgerow on the property that has some native wildlife. She would like the hedgerow to be protected to the highest degree possible. The third issue has to do with the drainage and that water on this site be contained as much as possible. There is a small portion of roadway that will flow down Nine Gates towards Jones Ferry Road. There was also a resident adjacent to Jones Ferry Road, Mr. Delos O'Daniel that was concerned that the roadway widening would disturb the image of Jones Ferry Road. The applicant, Kim Henry, has met with Mr. O'Daniel and he is now satisfied that the widening would not affect his property adversely. Commissioner Brown asked about the kind of septic systems that were proposed for each lot. Craig Benedict said that he would check with staff on this. Commissioner Brown asked how much of the property was in both of the watersheds. Craig Benedict said that there were seven lots within the University Lake watershed. Lucy Harber, from Turkey Run Subdivision, said that the development was not in keeping with the character of the surrounding neighborhoods. She said that it was considerably more dense than what was typical in that area. She said that she had always assumed that University Lake and the rural buffer protected them from developments with this density. If the purpose of the rural buffer is to compress denser development closer to the city center, then it is an odd quirk that permits denser development just outside the buffer boundaries. She said that this subdivision would have very large houses on lots that are less than one acre. She hopes that the new comprehensive plan far the County will prevent this type of development in the future. She encouraged the County to continue examining the impact that this type of development has on the quality of life in the rural parts of the County, and in particular, on the immediate neighbors who are present tonight. Lynn Cax said that the thing she is most concerned about is density. She has 17.5 acres counting the adjacent lot. Her soil does not drain very well. She is very concerned about the drainage. She is concerned that the water runoff will disturb the impervious surface. She wonders about any recourse she may have if her property was flooded. She made reference to her letter that addresses other concerns she has with this project. Delos O'Daniel said that his first reaction to the development was the traffic impact. He is also concerned about one of the old cemeteries that is adjacent to the road. He said that the turn lane would go out into his pasture. He has lived in this area for 45 years. He said that he was told that the turn lane would be built on the state right-of-way. He is seeking assurance from the County Commissioners that there would be no destruction of his property along the edge if the turn lane was constructed. He has a driveway that drops off to Jones Ferry Road and he is concerned about flooding. He has a hump on his driveway to prevent flooding and he is worried about maintaining this if the turn lane comes into it. He wants to maintain some of the big trees on his property. He is asking that the County Commissioners protect his property. Geoffrey Gledhill said his assumption is that none of the work would be done by DOT but would be done by private contractors. If anyone trespasses on private property they can be held responsible for any damage to property. Regarding the trees, DOT requires the entire right-of-way to be cleared presently. He said that if the trees were in the right-of-way, they would have to come down. Commissioner Brown asked about the access road easement into the property and Craig Benedict said that this exists to access the back 94 acres. He made reference to some undeveloped properties in the east. During staff review, they asked for an access paint to the properties. The attorney far the property owner said that her intention is to leave it to some conservancy in the future. If this property is given to a conservancy, and the conservancy does not want an access, then it can be removed. It will remain preserved until the property falls into the hands of a conservancy. Several more questions were answered satisfactorily by Craig Benedict. Janice 5ensy from Turkey Run subdivision brought up two concerns. She is concerned about the size of the lots and the size of the homes. She said that a lot of wildlife would be displaced. She supports the connected wildlife corridors that have been discussed. She is also concerned about the traffic impact on Jones Ferry Road. The traffic is already dangerously heavy. She would like to see development done responsibly with the wildlife taken into consideration. Commissioner Gordon said that, with a tie Planning Board vote, there should be a resolution to approve and a resolution to deny with the appropriate language. She requested the two resolutions. Kim Henry, agent for Builders' Marketing Group, Inc., said that the tie vote of the Planning Board was not for the preliminary plan but was for the requirement of the construction of the left-turn lane. She said that the motion was to oppose the construction of the left-turn lane. Commissioner Gordan pointed out that in the minutes from the Planning Board meeting, the motion was to approve the preliminary plan, and it was a tie vote. Kim Henry said that she saw the minutes and called Tina Moon to make sure this motion would not be confusing, and Tina Moan assured her that it would be evident by the minutes exactly what the vote was reflecting. Chair Carey asked Craig Benedict to clarify what was in the minutes of the Planning Board meeting in question. Craig Benedict said that the motion was to accept the preliminary plan as recommended by staff, which included a turn lane. He said that the preliminary plan could proceed to the County Commissioners with a staff and administration recommendation. Administration did agree with the staff recommendation that a turn lane is required, and that is what is being recommended tonight. A motion was made by Commissioner Gordan, seconded by Cammissianer Brown to extend the meeting to 11:30 p.m. VOTE: UNANIMOUS Scott Radway said that he worked with Kim Henry on the original development of the concept plan. He said that there was not any indication that the Planning Board was against the plan but only the details of the left-turn lane. He said that 28 acres were in University Lake Watershed and 66 acres were in the Haw River watershed. There are seven lots in the 28-acre area. The proposal has the lots clustered to provide more open space. Thirty-three lots are on the 66 acres, and all of the lots are larger than one acre. About 14°!0 of the site is in common open space on the plan. Kim Henry said that Chatham County has waived their approval process an their portion of this property and granted it to Orange County. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to have the staff come back with a resolution to approve and one to deny far the preliminary plan for The Woodlands subdivision at the meeting on June 29t". Cammissianer Halkiotis would also like to know about the drainage ditch on Lynn Cox's property. Commissioner Brown would also like more information on the erosion, the traffic impact, the impact of the turn lane, and any trees that may be impacted. Kim Henry said that all of these issues have been addressed including the drainage. She said that the County's erosion control office has issued a permit. VOTE: UNANIMOUS ADDED ITEM g_ Consideration of a Moratorium of Development Applications Near Intersection of I-85(NC86 and I-401O1d NC86 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a public hearing notice to propose a moratorium on development applications near the I-85/NC 86 and I-40/Old NC 86 intersections so Economic Development District standards can be implemented on those lands to create a better development pattern and aesthetic image. Commissioner Gordon asked why the I-40/Old NC 86 intersection was being considered. Craig Benedict said that these were potential areas where the EDD could be expanded. Commissioner Gordon suggested setting another meeting for the public hearing besides June 20tH in order to address the budget. Craig Benedict said that there were certain restraints on the advertisements. The Board agreed to try to have the public hearing on June 20t" VOTE: UNANIMOUS 10. REPORTS a. Efland Wastewater Extension The Board heard a report on the proposed Efland Sewer extension. County Engineer Paul Thames described the Richmond Hills (Habitat for Humanity} project. Richmond Hills is a 40-home subdivision. Habitat far Humanity proposes to access a portion of the sewer system that is not contiguous to its property but lies on the Efland Cheeks Elementary School property. To obtain access to this particular segment of the existing wastewater collection system, Habitat will have to obtain a short section of permanent access and temporary construction easement across school properly. Paul Thames summarized the issues related to the proposed gravity collection main/central pumping station system design {unpleasant odors, frequent maintenance, time consuming equipment failures, expensive to repair). Orange County does not have its own pump station maintenance personal or an emergency response capability to address pump station failures or wastewater overflow/spill incidents. If the County does approve a pumping station system far one subdivision, it may have difficulty denying the use of a similar system for a similarly situated subdivision seeking access to the Efland sewer system. He then summarized the alternative wastewater collectionlpumping system design. Regardless of the outcome of decisions as to system design for the Richmond Hills subdivision, the Rules of Operation far the Efland sewer system should be modified to reflect the BOCC's will as to exactly where sewer service should be made available and how that service should be provided. The Planning Board has recommended that a perpetual maintenance fund be created far the subdivision's proposed pumping station. Commissioner Brown asked if the pumping station would need to be maintained by someone. Paul Thames said yes and he would recommend that OWASA be contracted to maintain the pump station. Commissioner Jacobs asked if the pump station would set a precedent. Paul Thames said that it would. Commissioner Gordon said that as an approach, the County could make the regulations so that it would be maintained by Habitat for Humanity and they {Habitat) would be reimbursed far the cost of maintaining. Commissioner Jacobs said that the Board of County Commissioners made compromises with Magnolia Place and they were not good decisions. John Link said that the County may end up being the person to pay, rather it be direct or back as a reimbursement to Habitat for Humanity, with the objective to protect the environment. In answer to a question from Commissioner Brawn, Paul Thames said that it could be that both subdivisions could use one pump station. The County has not received a plan for the other subdivision. Commissioner Halkiotis suggested that Paul Thames talk with the Town of Hillsborough about the old pump station at Grady Brown that is being abandoned. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to receive the report as information. VOTE: UNANIMOUS 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION -NONE 14. ADJOURNMENT With no further items to discuss, the meeting was adjourned. The next meeting on the approved meeting calendar will be held on June 7 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly Blythe, CMC