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HomeMy WebLinkAboutMinutes - 10-03-2000APPROVED MAY 1, 2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 3, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, October 3, 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 Item 5-e was deleted from the agenda because the zoning violations have been resolved. A Pyrotechnics Permit approval, was added to the agenda as Item 8-h. PUBLIC CHARGE Chair Carey read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Jim Warren, Director of NC WARN, spoke about how the Triangle United Way was excluding NC WARN from the fall, 2000 fundraising campaign because of complaints from CP&L. He said that he feels this is related to the high level waste expansion that CP&L is proposing at the Shearon Harris Nuclear Plant. He distributed a letter he wrote to the Chairman of Triangle United Way, David Hughey. NC WARN is asking for a written justification for the decision of Triangle United Way to exclude NC WARN from the campaign. NC WARN feels they deserve an explanation and a justification for the exclusion. He said that, unless further information proves otherwise, NC WARN feels clearly that CP&L has used its influence to make Triangle United Way exclude NC WARN. He noted that NC WARN was not criticizing all of the people involved with Triangle United Way. Commissioner Brawn said that she would like far the Board of County Commissioners to send a letter to Triangle United Way asking for a list of those not included in the campaign and the justification. She remembers seeing a memo from Triangle United Way with a list of about 17 organizations that were excluded from the campaign this year. Commissioner Jacobs said that he would like to ask the Orange County United Way Board to respond on what they think about this situation. Also, another issue is discrimination. He wants to know the County's policy for dealing with outside entities as far as the hiring and inclusion policies. Commissioner Brawn asked for a list of all the members of Triangle United Way, both from Orange County and the greater Triangle Board. The Board agreed to send a letter to Triangle United Way Board asking them to respond about their policies and decisions and a letter to the local United Way board asking for their opinion on this process. John Link said that the Orange County United Way campaign was an open campaign and County employees are free to support any agency. b. Matters on the Printed Agenda These matters were considered as the Board addressed the items on the agenda below. 3. BOARD COMMENTS Commissioner Halkiotis said that he spoke with Paul Thames about issues that have been identified by citizens during the last few months, which have not been addressed by DOT. County Engineer Paul Thames will write a letter to DOT asking for a response. Also, Commissioner Halkiotis said that he would like to get an update on the bridgework in Hillsborough. Commissioner Halkiotis said that he has been getting emails and telephone calls about how the County Commissioners need to fund another Elementary School for Chapel Hill-Carrboro City Schools. He said that a bond referendum takes time to plan. The citizens need to know that the County Commissioners do care about schools and that the County Commissioners will create a citizen's committee to study and identify the needs that warrant a bond referendum as soon as possible. Chair Carey said that he did send a letter to the news media on Friday about the Commissioners' intentions for a bond referendum and it has not been published. It is unfortunate that people do not have all the information to make informed comments. Commissioner Jacobs agreed that the Commissioners could not go forward with a bond referendum without an inclusive process. He suggested that the Commissioners ask the staff to bring back a bond timeline on October 17t" so that the work can begin. Commissioner Jacobs asked that the Chair send a letter to Orange-Alamance Water Authority to begin a collaborative partnership. Also, by the Board's retreat in December, he would like a schedule for updating the Comprehensive Plan. He feels it is important to have a schedule so there is a vision of where we are going. The Board keeps raising additional issues that are important land use issues and he feels it is important to move ahead. Commissioner Gordon feels that the County does have a successful process for pursuing a bond issue. She would specifically like to see a schedule for a band referendum for November 2001. She said that she will be getting information together from Triangle Transit Authority on Phase I of the Regional Rail project. The draft environmental impact statement has been sent to the federal government. Commissioner Brawn asked that staff bring back a report on the safety of all public facilities in the County that have viewing stands and a detailed description of how the inspection process would insure public safety. Chair Carey asked the Board to consider continuing this meeting to a time certain and be thinking about a date in case all of the items are not addressed tonight. 4. COUNTY MANAGER'S REPORT John Link announced that Child Health Recognition awards were given by Glaxo Welcome to recognize immunization and other children's health programs that are succeeding. On September 22nd at the annual awards ceremony, some of the County's Health Department employees were recognized. Becky Herman, Child Service Coordinator, received the Public Health Staff recognition award, which is given to employees who are recognized for outstanding service in preventive health services. Ms. Herman was a winner out of 14 nominees in this category in the state. Health Director Rosemary Summers recognized Kimberly Souls, Maxine Pendergraff, Alexander Penny, Anna Kenyon, and Darrell Renfrow, who were honorably mentioned in recognition for the Families in Focus Program. The Families in Focus Program provides intensive home visiting services to high-risk families around the County. Each caseworker visits about 25 families once a week. 5. RESOLUTIONS/PROCLAMATIONS a. Wilson Efland Minor Subdivision -Determination Regarding Payment in Lieu or Land Dedication The Board considered a minor subdivision condition of approval regarding Recreation Site Dedication for a Minor Subdivision application. The Wilson Efland subdivision is located on the north side of US Highway 70 West in Cheeks Township between Efland-Cedar Grove Road {SR 1004) and Brookhollow Road (SR 1324). The A PROCLAMATION WHEREAS, thousands of adults in this country are unprotected from diseases such as influenza and pneumocaccal pneumonia; and WHEREAS, each year, an average of 20,000 Americans die from influenza-mare than 90 percent of these persons are age 65 or older. Many of these deaths can be prevented through vaccinations; and WHEREAS, Senior Vaccination Season, a statewide vaccination effort, is being held throughout the month of October and into November, to help reduce the number of health complications and deaths associated with these illnesses by promoting adult immunizations; and WHEREAS, Senior Vaccination Season is a collaborative effort in Orange County between UNC Hospitals, Kerr Drug, local churches, local employers, local medical providers and the Health Department; and WHEREAS, Senior Vaccination Season will involve the provision of influenza and pneumococcal pneumonia vaccines to people age 65 and older with Medicare Part B through community-based events and encourages all immunization providers to work year-round with their communities to vaccinate adults by expanding clinic hours, increasing screenings, and distributing educational and promotional materials; and WHEREAS, by joining this effort, agencies, businesses and civic and religious organizations can help protect adults in this County from becoming at risk of death or disability from avaccine-preventable disease; NOW, THEREFORE WE, THE ORANGE COUNTY COMMISSIONERS, do hereby proclaim October and November 2000, as "SENIOR VACCINATION SEASON" in Orange County, and call upon the citizens of our County to join us in supporting these efforts to fully immunize our senior adult population. VOTE: UNANIMOUS The vaccination schedule will be put on the County's website and pasted at the Senior Center and placed in the local newspapers. c. Domestic Violence Awareness Month The Board considered proclaiming the month of October as Domestic Violence Awareness Month. Human Rights and Relations Director Annette Moore read the proclamation. Jackie Philips, past Chair of the Human Rights Commission, said that they plan to have a March for Justice on Monday, October 30`". This is in commemoration of Domestic Violence Awareness Month and in memory of victims of domestic violence. The march will be in Chapel Hill, starting at the Women's Center on Henderson Street. They will march to East Franklin Street in front of the post office. The co-sponsors are the Orange County Commission for Women, the New Family Violence Prevention Center of Orange County, the Women's Center, and the Orange County Rape Crisis Center. The speakers will be Commissioner Brown, who will present the proclamation; Sabrina Garcia of the Chapel Hill Police Department Crisis Intervention Unit; and Representative Joe Hackney, who will speak on the issue of domestic violence. There will also be music. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to approve and authorize the Chair to sign the proclamation as presented and stated below: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2000 WHEREAS, domestic violence, once a secret kept among families, is now recognized as a serious crime in our community, and WHEREAS, domestic violence has severe consequences for survivors, their children and families and impacts on the quality of life of the entire community; and WHEREAS, stopping the cycle of this crime requires not only the resolve and courage of survivors, but also support and involvement from all of us; and WHEREAS, enhanced education, prevention and intervention help increase public awareness of the severity and extent of domestic violence; and WHEREAS, violence in the home is a problem that affects every socioeconomic level in our society, occurring in wealthy and disadvantaged neighborhoods and involving the employed and unemployed; and WHEREAS, domestic violence is generally learned and passed down from one generation to another; and WHEREAS, our society pays a high price for domestic violence through homelessness, increased crime rates, drug and alcohol abuse, increased medical expenses and business losses; and WHEREAS, during the month of October, local, state and national domestic violence agencies will sponsor events to help us focus public attention on the problem of domestic violence; IVOW, THEREFORE, The Orange County Board of County Commissioners hereby proclaim the month of October 2000, as Domestic Violence Awareness Month. We encourage all residents to dedicate themselves to learning about reducing domestic violence and violence against women in Orange County. We further encourage all citizens of our community to support the domestic violence programs in their communities, including the Orange County Commission for Woman, the Family Violence Prevention Center of Orange County, the Women's Center and the Rape Crisis Center. VOTE: UNANIMOUS d. TEEN VOICES Peer Education Program The Board considered a resolution to endorse the expansion of the TEEN VOICES peer education program. Robyn Schryer, Peer Education Coordinator from Planned Parenthood was available to answer questions about the program. Chair Carey asked to what extent this program and activities associated with it have been coordinated with other teen activities in the County. Robyn Schryer said that the program is an adolescent pregnancy prevention and youth development program to serve Durham County high school students ages 14-18. It is an intensive training program that, when completed, allows the students to earn $200. The students are urged to share the information with at least 30 other people and earn an additional $100. They are excited about the possibility of expanding this program to Orange County. In Durham County, they have been extremely successful in coordinating with other teen services organizations. They are seeking collaborative efforts with other organizations in Orange County as well. In answer to a question from Commissioner Brown, Robyn Schryer said that all students in Orange County are eligible. It is a commitment of 40 hours of training over athree-month time period. Commissioner Halkiotis asked for a report on the number of programs for teens in Orange County. He would like to know how many agencies there are with this very worthwhile focus. John Link said there were two items far the Board's consideration - a resolution supporting the acquisition of the property at 129 E. King St. in Hillsborough and a public hearing on the financing of the property. Director of Central Stores and Purchasing Pam Jones said that a purchase price of $346,000 has been agreed upon at owner financing of 6°~ for 59 months. The property consists of 6,000 square feet, with 2,000 square feet of warehouse space. The property would house the Department of Purchasing and Central Services, which is presently located in the Sprint Telephone offices. Sprint Telephone Company opted in May of this year not to renew the lease to the County. The funds for the debt service costs were included in the CIP. Geoffrey Gledhill said that the plan is for the County to pay for this properly over 59 months. The interest rate is 6°~. The documents include a promissory Hate that the County will execute which promises to pay the seller the money over the 59-month period. The documents also include a security interest in the property that will be transferred from the County back to the seller that will secure the payments of the County's obligation. The seller intends to rely on the fact that the interest would be tax free to the seller. Therefore, the County has to commit to not using the building during the period of the financing for anything other than a public purpose. The revised resolution contains authorization to include these covenants in the final financing documents. Commissioner Gordon asked about the environmental assessment. Pam Jones said that the environmental assessment came back clean. The underground storage tank is intact. Part of the offer is that the owner will dispose of the contents of the tank. This is documented on page 14 of the agenda abstract. Commissioner Jacobs asked how much the rent is for the present building. Pam Janes said that the annual rent was $18,392. Commissioner Gordon made reference to the exemption of ourselves from the process of announcing for architectural, engineering, and survey services and asked haw this would work. Geoffrey Gledhill said that the General Statutes allow the County Commissioners to exempt themselves whenever they want. No comments were made by the public. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to: 1. Receive comments from the public regarding the financing of the property. 2. Close the public hearing. 3. Approve the attached Resolution authorizing the purchase of the building at 129 East King Street, in which the Department of Purchasing and Central Services will be re-located, for $346,000 with owner financing for 59 months at 6°lo as specified in the attachments to the Resolution. 4. Exempt the project from the statute requiring the announcing of all requirements for architectural, engineering, and surveying services and the statutory selection process as provided for in the statutes cited above. RESOLUTION AUTHORIZING ORANGE COUNTY TO PURCHASE ON AN INSTALLMENT PURCHASE BASIS REAL PROPERTY LOCATED AT 129 EAST KING STREET, HILLSBOROUGH, NORTH CAROLINA OWNED BY MARSHALL CATES, JR. AND VIRGINIA LINER CATES; TO EXECUTE AND PERFORM AN OFFER TO PURCHASE AND CONTRACT, AN INSTALLMENT PURCHASE PROMISSORY NOTE AND AN INSTALLMENT PURCHASE DEED OF TRUST; AND TO EXECUTE, DELIVER OR ACKNOWLEDGE ANY OTHER DOCUMENTS NECESSARY TO EFFECT THE ACQUISITION OF REAL PROPERTY WHEREAS, the Board has been presented with an Offer to Purchase and Contract {the "Contract"} to acquire on behalf of Orange county real property located at 129 E. King Street, Hillsborough, North Carolina, owned by Marshall Cates, Jr. and wife, Virginia Liner Cates {the "Seller"}; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange as follows: The Board will consider adoption of a schedule of values, standards and rules to be used in appraising real property effective January 1, 2001. Commissioner Jacobs said that he has received some citizen concerns about how conservation easements are handled and how far it lowers the value of their property. Tax Assessor John Smith will do a written report about how this process is approached. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt a schedule of values, standards and rules to be used in appraising real property effective January 1, 2001. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board considered appointments to the Board of Health, Innovation and Efficiency Committee, Intergovernmental Parks Workgroup, Hillsborough Board of Adjustment, Hillsborough Planning Board, and Horace Williams Airport Advisory Committee. Board of Health A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Kate Wilder for the term ending June 30, 2002. VOTE: UNANIMOUS Hillsborough Berard of Adjustment A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint O. B. Hollins for the term ending March 31, 2003. VOTE: UNANIMOUS Hillsborough Planning Board A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Chris Quinn for the term ending March 31, 20Q3. VOTE: UNANIMOUS Horace Williams Airport Advisory Board A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to recommend Alice Gordon and Margaret Brawn for appointment to this Advisory Board. VOTE: UNANIMOUS Innovation and Efficiency Committee A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to appoint Laurie Flowers to this Advisory Board. VOTE: UNANIMOUS Intergovernmental Parks Work Group A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Margaret Brown as the Commissioner representative and to appoint Doris Murrell, Mark Dorosin, and Lee Rafalaw to the Intergovernmental Parks Work Group. VOTE: UNANIMOUS Solid Waste Advisory Board A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Brian Ketchem and Remus Smith as recommended by the Town of Hillsborough to represent the Town of Hillsborough for the terms ending June 30, 2001. VOTE: UNANIMOUS Commissioner Jacobs asked Craig Benedict why the information about the violations was not reported as part of the information that the Commissioners received. Craig Benedict said that he only found out about the violations today. Commissioner Brown asked about the creek and whether it is a spring fed creek. Craig Benedict said that the staff looked at USGS maps and it was not shown as a stream. When they visited the site, there was evidence of an intermittent stream. He identified the stream on the map. Commissioner Brown asked if a septic line would go across the creek and Craig Benedict said that a pump system would go from the 4.5-acre lot, down the creek, and up the hill to portions of lots seven and eight where there are septic easements. There are no prohibitions to having pump systems across drainage areas. Dr. Wally Diehl, the applicant, said that he wanted to live near his practice and that is how he got involved with this piece of property. He said that when he walked on the property, he wanted to do storm cleanup after Hurricane Fran. He said that his grading contractor did mare than he was supposed to do before the approval process. When he was notified that he was out of compliance, he immediately came into compliance. Two weeks ago, with the recent rains, he was told that his sedimentation trap in the stream way was not doing the job any longer and something different needed to be done. He immediately called his grading contractor who was going to fix the sedimentation trap this coming Monday. He has met with the neighbors and will be glad to meet with them again to address their concerns. He said that the subdivision has met all of the ordinance requirements. Commissioner Brown asked when Phil Post came into the picture and Dr. Diehl said that Phil Post came into the picture in June 1999 when the concept plan was submitted and approved. Phil Post illustrated on a map where the clearing for the roadway took place. He said that the contractor cleared the absolute minimum and that none of the house sites have been cleared. When all the clearing is done, 2'/2 acres will be cleared from this 22-acre tract. There will be 84% tree coverage an this tract. Phil Post made reference to erasion control and said that they have taken into consideration some special drainage requests from citizens who live in that area. Commissioner Halkiotis asked Craig Benedict about the roadwork that had been done before the County Commissioners approved the subdivision. Craig Benedict said that this has been the practice in the past but it would not be allowed under his direction. Commissioner Halkiotis feels that it is outrageous that roadwork would begin before a subdivision is approved and he is offended by this information. Commissioner Brown asked if the road into the subdivision would be a state maintained road and Craig Benedict said yes. However, if the road were a private road, there would be less destruction of the land. Craig Benedict said that the requirement for a public road and a private road is a 50-foot wide corridor. He said that there would probably be the same amount of clearing. The only difference is the sloping. Commissioner Brown asked if this project could be built on a private road and Craig Benedict said yes. The subdivision would have to have twice the lot size to justify one of the criteria for a private road. There would have to be increased setbacks and stream buffers, etc. to justify the private road. Jahn Link made reference to page two of the abstract and the recommendation about deferring consideration of the subdivision to pursue additional analysis and review. Commissioner Jacobs suggested that the developers meet with the neighbors and then meet with County staff to see if they can work out some of the problems that have been identified. The developers may also want to consider working with the Dispute Settlement Center. Dr. Diehl asked if their sound expert could speak. Norl Stewart, from Stewart Acoustical Consultants in Raleigh, said that he understands the problems of the neighbors who were there before the highway was constructed. Also, the sound that reaches them from I-40 is different according to the level of atmospheric conditions. He said that in order for the citizens to have a fairly perceived difference in the noise level, there must be a change of about five or six decibels. This would require a reduction in sound of two-thirds to three-quarters. Nothing that Dr. Diehl plans to do is going to have very much of an affect on the noise. In answer to a question from Commissioner Brown, Mr. Stewart explained that when the source of the noise is 100-400 feet away, the atmospheric effects are quite strong. He explained how the sound goes up and back down at different times during the day. Anything that is done on the property would only have benefit during limited periods of time when the sound is angled a certain way. He does not think that anything can be done to make a major reduction or increase in the noise in the subdivision. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to table this item to receive further information. VOTE: UNANIMOUS The issues to be addressed for this item are noise abatement, private vs. public roads, the septic system, the perennial stream that runs through the property, and whether there are any restrictive covenants. Commissioner Halkiotis would like information on a possible penalty package that can be put on this project. Norl Stewart said that he made some measurements tonight at 7:30 in his development area at various locations and on Pine Tree Lane near the intersection of Sunrise Road and it measured 52-54 decibels. Chandlers Green measured 49 decibels and Cheaslee measured 46 decibels. He said that these levels were not considered noisy. He said that noise in his own community in Raleigh was at these same levels. e. Govinda Hills Minor SubdivisionlPasley Appeal of Private Road Standards The Board was to consider an appeal by Mr. Scott Pasley regarding a staff technical decision to deny Govinda Hills, Phase 3 minor subdivision. However, this item was postponed to October 10tH f. North Field at Creek Wood -Preliminarv Plan The Board was to consider a preliminary plan for North Field at Creek Wood Subdivision located on the south side of Mt. Sinai Road in Chapel Hill Township. However, this item was postponed to October 10tH ~ Section Two -Beaver Valley -Preliminarv Plan The Board was to consider a preliminary plan for Beaver Valley Subdivision Section Two located west of Mace Road and Beaver Valley Section One in Cheeks Township. However, this item was postponed to October 10tH h. Amendments to Oranae County Private Road Standards The Board was to consider proposed amendments to the Orange County subdivision regulations regarding private roads. However, this item was postponed to October 10t". i. Proposed 2000-2001 Board of County Commissioners° Goals The Board was to discuss and consider adopting goals for fiscal year 2000-2001. However, this item was postponed to October 10tH 10. REPORTS -NONE 11. APPOINTMENTS- NONE 12. MINUTES- NONE 13. CLOSED SESSION -NONE 14. ADJOURNMENT With no further items for the County Commissioners to consider a motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to continue this meeting to October 10 at 7:30 at the F. Gordon Battle Courtroom. VOTE: UNANIMOUS Moses Carey, Jr., Chair proposed subdivision consists of two lots (5.41 acres and 1.496 acres) with the entire tract consisting of 8.73 acres. Planning Director Craig Benedict said that the decision that needs to be made is whether or not the applicant will be required to do a payment-in-lieu or if the applicant must make a dedication. This portion of land is designated a resource protection corridor and is not designated a wildlife protection corridor at this time. The Administration's conclusion is that the land is not clearly designated on any of the comprehensive plan maps as a future trail system. Due to the lack of clarity, staff recommends that the applicants be required to make apayment-in-lieu. If the County Commissioners decide that a dedication should be made, they can request the dedication of 10 feet x 218 feet for a future public use. He said that the staff would be working an the comprehensive plan, specifically in properly designating wildlife corridors. Commissioner Gordon said that she did read all of the material and has listened to the tape so she is up to date on all the information. Public Comment Christine Efland said that since the last meeting, one landowner that awns some property on the same side of the creek, but not adjacent, divided his property last year and paid apayment-in-lieu. She said that there was no mention of any land dedication regarding this property. She noted that from October 1999 to April 2000 there were a lot of inconsistencies and that is a concern to her. She said that the newspapers have been all over this and they make the piece of property that was subdivided in October look like it was adjacent to the three subdivisions that have been approved in some manner. She said that her property is 3/4 mile down the road from the other subdivisions. She said that most developers do not live in their own developments and have no problem with dedicating a portion of their land along McGowan Creek. She said that she circulated a petition in her area of the County and received 70 signatures from people who say they do not want land taken for a public use in this manner. Dot Efland thanked everyone for their time and consideration of this somewhat spirited proposal. She said that the family just wants this to be over. She said that this was just a piece of property that has been in the family and they want to subdivide it. She hopes the Commissioners will vote in favor of the payment-in-lieu. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the $422.00 payment-in-lieu for Wilson Efland Subdivision. Commissioner Jacobs said that he feels the County Commissioners were misinformed at the last meeting about the County's plans. He said that if there is not a designated wildlife corridor then it seems problematic to require someone to provide land for a wildlife corridor. He said that the fact that the reporters could not distinguish between a trail and a wildlife corridor only indicates that the County Commissioners need to work on their comprehensive plan. Commissioner Halkiotis said that he listened to the tape again. While he appreciates people doing their job, he was concerned that a word was used during the Planning Board meeting that was one of the most loaded words that anyone in the public sector or any elected official can use. He said that this word only needs to be used when a full and complete analysis of what is the public good is thoroughly examined and discussed and heard at public hearing. That word is condemnation. Condemnation is something that elected officials discuss and decide for a situation where the public good far outweighs all other factors. He does not ever plan to vote for a condemnation. Commissioner Gordon said that one of the most compelling parts to her was that there was no designated plan that shows that this property should be dedicated, and that therefore payment-in-lieu should be accepted. The motion included approval of the resolution as stated below: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AUTHORIZING PAYMENT-IN-LIEU OF LAND DEDICATION IN FULFILLMENT OF SECTION IV-B-7-b "RECREATION SITES" FOR THE WILSON EFLAND MINOR SUBDIVISION WHEREAS, the Subdivision Regulations of Orange County require either 1) land dedications far all subdivisions for the purpose of recreation/open space, including the preservation of natural and cultural resources, or 2) the payment of monies in lieu of land dedication when the property in question is not designated as a recreation and/or open space site within the County's adopted Comprehensive Plan and when approved by the Board of Commissioners; and WHEREAS, the Wilson Efland Subdivision property is not noted on the adapted Land Use map of the Comprehensive Plan of Orange County as a recreation and/or open space site and can therefore be considered for the payment-in-lieu alternative to the recreation/open space dedication regulations by the Board of Commissioners; and WHEREAS, the proponents of the Wilson Efland Subdivision have made application to the Board of Commissioners for the payment-in-lieu option and the Board of Commissioners have determined that this payment-in-lieu is acceptable; and WHEREAS, it has been determined that the payment-in-lieu fee for this property would equal $422.00; NOW, THEREFORE, BE IT RESOLVED that: The Board of County Commissioners approves the acceptance of a $422.00 payment-in-lieu of land dedication of the Wilson Efland minor subdivision property {as shown in Exhibit 1} in fulfillment of Recreation/Open Space requirements pursuant to Section IV-B-7-b of the Orange County Subdivision Regulations; Upon motion of Commissioner Jacobs, seconded by Commissioner Halkiatis, the foregoing resolution was adopted this the 3~d day of October 2000. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board a meeting held on October 3, 2000 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 29 of the minutes of said Board. VOTE: UNANIMOUS b. Senior Vaccination Season The Board considered proclaiming the months of October and November as Senior Vaccination Season. Dr. Jonathan Klein, Chair of the Board of Health, presented the proclamation and explained that the Orange County Health Department has already received their full supply of vaccines. The focus of this year's program will be high-risk groups of citizens. The schedule has been revised to include the high-risk groups for the month of October. In 1999, the Countywide immunization rate for ages 65 and over was 47.9°I° based on the number of Medicare beneficiaries. The rate for African American beneficiaries was only 26.7°~, so they will try to increase that rate by going to churches. He thanked the County Commissioners far their support of this program. Commissioner Gordan asked about citizens under the age of 65 and Dr. Klein said that they anticipate having enough vaccine for everyone who wants it regardless of age or medical condition. Chair Carey said that it needs to be clearly stated that the vaccination is free for people that are on Medicare part B. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: SENIOR VACCINATION SEASON 2000 BY THE COMMISSIONERS OF ORANGE COUNTY Chair Carey asked that Planned Parenthood came back to the County Commissioners in the spring and let them know haw successful they have been in Orange County and how they have collaborated and also how they have included the Latino community. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: Orange County Berard of Commissioners Resolution for Official Endorsement of the TEEN VOICES Peer Education Program WHEREAS, the TEEN VOICES Peer Education Program is an adolescent pregnancy prevention and youth development program, sponsored by Planned Parenthood of Orange and Durham Counties; and WHEREAS, TEEN VOICES empowers teenagers to make responsible choices based on their own ethics and values, by providing them with medically accurate, factual information; and WHEREAS, TEEN VOICES Peer Educators receive 40 hours of training on a variety of teen health and social concerns, and then share this information with friends, family, and community members; and WHEREAS, TEEN VOICES began as a pilot program in Durham County, training 45 Peer Educators who will potentially educate over 1,350 members of the community between March 2000 and March 2001; and WHEREAS, Planned Parenthood of Orange and Durham Counties is now applying for funding from the North Carolina Adolescent Pregnancy Prevention Program to expand peer education programming to Orange County; and WHEREAS, Planned Parenthood of Orange and Durham Counties hope to partner with other Orange County human services organizations in providing Peer Educator training and referrals; and WHEREAS, the United States still leads the industrialized world in teen pregnancy and birth rates, despite recently declining rates; and WHEREAS, adolescent pregnancy in North Carolina cost North Carolina taxpayers $807,800,000 in Fiscal Year 1997; and WHEREAS, Orange County's 1999 rate of adolescent pregnancy per 1,000 15-19 year old girls was 35.9, according to the Adolescent Pregnancy Prevention Coalition of North Carolina. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners endorses Planned Parenthood of Orange and Durham Counties' proposal to the North Carolina Adolescent Pregnancy Prevention Program, because the TEEN VOICES Peer Education Program will serve our high school students and partner with area human services organizations in an effort to continue reducing the rate of adolescent pregnancy in Orange County. VOTE: UNANIMOUS e. Assessment of Civil Penalties - Bobby F. Patillo Zonina Violation The Board was to consider a resolution assessing civil penalties for a continuing zoning violation. However, this issue has been resolved and this item was removed from the agenda. 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Acquisition of 129 E. King St. The Board considered a resolution supporting the acquisition of property at 129 E. King St., to be used as offices for Purchasing and Central Services, and held a public hearing on financing of the property. Section 1. The Board of Commissioners hereby determines that the acquisition of the Property by the County pursuant to the terms of the Contract is in the best interest of the County. Section 2. The Board hereby approves the purchase of the Property at a purchase price of $346,000.00 to be financed by Seller at a rate of 6% per annum, and payable over a period of 59 months from the date of closing pursuant to the Installment Purchase Promissory Note and Installment Purchase Deed of Trust. Section 3. The Contract, the Promissory Note, and the Deed of Trust, in substantially the forms presented, and the performance by the County of its obligations thereunder, are hereby approved, and the Chair of the board is hereby authorized and directed to execute and perform the Contract, the Promissory Note and the Deed of Trust, as well as other documents necessary for the purchase of the Property by the County. The financing documents in final form may include appropriate provisions concerning the existence and maintenance of the tax-exempt status of interest paid by the County, in such form as may be acceptable to the County officers signing the documents. Section 4. 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 Brown to approve those items on the Consent Agenda as listed below: a. Motor Vehicle Property Tax Refunds The Board approved a resolution, which is incorporated herein by reference, related to two requests for motor vehicle property tax refunds totaling $203.44. b. Property Value Changes The Board approved value changes made in property values after the 2000 Board of Equalization and Review had adjourned in accordance with the resolution, which is incorporated herein by reference. This will result in a net increase in revenue of $2,141 to the County, municipalities, and special districts. c. Adoption of Schedule of Values for 2001 Revaluation This item was removed and placed at the end of the Consent Agenda for separate consideration. d. Budget Amendment #2 The Board approved budget ordinance amendments and a grant project ordinance for fiscal year 2000-2001. e. Lease Renewal: Drivers License Bureau at Carrboro Plaza The Board approved and authorized the Chair to sign the renewal of a lease at Carrboro Plaza for a Department of Motor Vehicles drivers license office. f. Grant Application for Tobacco Settlement Funds (Golden LEAF Foundation) The Board submitted a grant application to the Golden LEAF Foundation for funds to assist Orange County agriculture. g_ Employee Health Insurance for 2001 The Board approved and authorized the Chair to sign the interlocal agreement for the renewal of the employee health insurance plans through the N.C. Association of County Commissioners health insurance trust and CIGNA, effective January 1, 2001. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA c. Adoption of Schedule of Values for 2001 Revaluation b. Lowest Salaried Employee Pay The Board considered possible steps to improve pay far the County's lowest salaried permanent employees. Personnel Director Elaine Holmes said that in the June budget work sessions the County Commissioners set aside a reserve fund of $62,000 from this year's budget. The agenda abstract outlines two possible steps. The first step would be to eliminate the County's lowest salary grade (grade 57} and move those employees to the next higher salary grade (grade 58} and grant a one step (about five percent) salary increase with the move effective July 1, 2000. The second step, which would be in addition to step one, would be to set $20,798 as the minimum County salary for a permanent employee and increase the salary of any employee whose salary is below $20,798 after the application of Step 1 above to $20,798. The first step would affect about 46 positions and the second step would affect 29 positions. Commissioner Gordon suggested eliminating step one and step two salary grades to keep the 5°~ relationship of the steps intact. Elaine Holmes said that the implementation of these steps would eliminate steps 1-3a at grade 58 and steps 1-2a at grade 59. Commissioner Gordan suggested adding to the language in Step 2, "Implementation of the second step would involve eliminating steps 1-3a at grade 58 and steps 1-2a at grade 59." A motion was made by Commissioner Gordon, seconded by Commissioner Brown to move the Manager's recommendation as stated below plus the additional language: Step 1 -Eliminate the County's lowest salary grade (grade 57}. Move current employees and positions at that salary grade to the next higher grade (grade 58) and grant a one step (about five percent) salary increase with the move. Step 2 -Establish $20,798 as the minimum County salary for a permanent employee and increase the salary of any current employee whose salary is still below that salary after the application of Step 1 above to that salary. Implementation of this step would involve eliminating steps 1-3a at grade 58 and steps 1-2a at grade 59. VOTE: UNANIMOUS Geoffrey Gledhill left at this point and Harmony Whalen served as the County Attorney. c. Reconsideration of Pocket Park at Skills Development Center The Board reconsidered the construction of a pocket park at 503 West Franklin Street. New funding from the Town of Chapel Hill to build the right-of-way portion of the property has become available. Jahn Link said that last June the County Commissioners did not approve the packet park as presented that evening. One of the reasons was the cost of preparing the town's right of way as part of the project. Since that time, the Town of Chapel Hill has passed a resolution that appropriates up to $60,000 of streetscape funding to address the right-of-way issue. Pam Jones said that the County contribution to the pocket park, including the design, would be $58,000. There was $40,000 left from the Skills Development Center project and $18,000 will come from the County capital surplus funds. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve the Manager's recommendation to: • Approve the construction of the packet park; and • Authorize County staff to make modifications in the right of way work as may be required by the Town in order to secure funding for such purpose; and • Authorize the Manager to contract with the design firm of Paton-Zachino in an amount not to exceed $5,000 plus reimbursable expenses. VOTE: UNANIMOUS d. Sunrise Springs Subdivision -Preliminary Plan The Board considered a previously tabled item with additional information on "Single Access with regard to safety issues," "Connectivity with property to the north," and "Type F Buffer Description." Sunrise Springs Subdivision is an eight-lot subdivision on 18 acres. It is located along the west side of Sunrise Road (SR 1732} adjacent to and north of I-40 in Chapel Hill Township. The current zoning is rural buffer. Craig Benedict summarized the changes that have been made to the plan to address the concerns expressed by the County Commissioners. These are in the agenda materials. Commissioner Gordon verified that one of the reasons for not requiring the additional access was that the traffic would cut through the neighborhood and create a negative impact. Several other questions of the Commissioners were answered satisfactorily by Craig Benedict. Commissioner Brown said that there was a concern about the noise level from the highway and asked if there was going to be a certain type of buffer required. Craig Benedict said that a type A buffer would be required along I-40 and Sunrise Road. Commissioner Jacobs asked about the rate of development in a rural buffer and if development has increased. He said that the land on the northern rural buffer is being maximized to the highest degree and at same point in the future there might need to be some flexible development provisions in the rural buffer. Commissioner Jacobs asked when discussing this subdivision with the developer if there was any discussion about using part of the 4.5-acre lot as open space. Craig Benedict said that based on the configuration of this subdivision there was not a good place to have open space. Commissioner Jacobs expressed a concern about having cul-de-sacs all over the place - east and west of this property. He feels that there might be some utility in having some transit connectivity through that area. Commissioner Gordan said that there are goad things about connectivity, but you have to look at it on a case by case basis. She thinks in this case, there should not be the additional access point. She said that there should be a plan for where the roads are supposed to go. Commissioner Brown asked about the shallow trench septic systems with pumps and if this is pushing the level at which to get a septic system. Craig Benedict will work with Ron Holdway and Dr. Rosie Summers to find out information on these types of septic systems that are permitted by the State. Public Comment Betsy Kraus expressed concerns about this subdivision. Her main concern is noise from I-40. The trees in her neighborhood served as a very efficient noise buffer and the developer has cleared these trees for this subdivision and they now hear all the noise from the highway. She would like to see a community built that maintains the assets of the neighborhood. She supports lower density, which would result in larger lot sizes that are common in this area and would be in line with what other developers are doing. The developer will cut seven feet off the top of the hill as a requirement from DOT. She asked that a noise abatement be incorporated into the development plan by preserving the existing landscape. Steve Herman presented a petition that was signed by eleven people from Pine Tree Lane and is in the Permanent Agenda File in the Clerk's office. He read the three-page petition. In summary, he expressed concerns about noise and endorsed the use of noise abatement resources. He is concerned about the impact of the proposed development on erosion and water run-off on neighboring downstream properties. In conclusion, they feel that the Sunrise Springs Subdivision plan has a number of substantial deficiencies, which can only be remedied by a major redesign. Phil Post, designer for Sunrise Springs, explained the roads on the map. In answer to a question from Commissioner Halkiotis about the clearing of live trees and other vegetation without an erosion control permit, Craig Benedict said that Erosion Control issued a letter six months ago to the developers informing them that they disturbed the land without the proper permits. A violation has not been issued. The applicant first claimed that the clearing was from Hurricane Fran debris and it was found out later that the work was much more extensive than clearing debris. The applicant will have to re-seed some areas and put same sedimentation devices on the property. Beverly A. Blythe, CMC