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HomeMy WebLinkAboutMinutes - 12-04-2000APPROVED 5115101 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 4, 2000 The Orange County Board of Commissioners met in regular session on Monday, December 4, 2000 at 7:30 p.m. in the F. Gordan 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. Oaths of Office far Board Members (On file in the Clerk of Courts office and Clerk to the Board's Office) a. Margaret W. Brown Judge Wade Barber, Resident Superior Court Judge, Judicial District 15B gave the oath of office to Margaret W. Brown. b. Moses Carey, Jr. Clerk of Superior Court Joan Terry gave the oath of office to Moses Carey, Jr. Board Oraanization a. Election of Chair Chair Carey indicated that he had decided not to be considered for Chair this year. Steve Halkiotis was elected as Chair. Commissioner Gordon congratulated Commissioner Halkiotis as the new Chair and Commissioner Carey for serving as chair far the past year. Commissioner Halkiotis thanked Commissioner Brown, Commissioner Jacobs, Commissioner Gordon, and Chair Carey. He said that he has watched the process for 14 years and has been pleased at times and disappointed at times. He said that he could not think of a better board to work with. He is committed to the citizens of Orange County. He said that the Board cares about people, the earth, the very young, and the old. He said that the Board members would have differences. The citizens chose to put each member here. His altruistic objective is to respect each and every one of the Commissioners. b. Election of Vice Chair Commissioner Jacobs was elected as Vice Chair. c. Desianation of Votina Deleaate for all NCACC and NACo Meetinas for Calendar Year Dec. 1, 2000-2001 A motion was made by Chair Carey, seconded by Commissioner Gordon that the voting delegate would be selected from the County Commissioners attending the conference in question. VOTE: UNANIMOUS d. Seating Arrangement The Board decided to discuss this item at the retreat an December 9, 2QOQ. Appointments a. Manager A motion was made by Commissioner Brown, seconded by Commissioner Carey to reappoint John M. Link, Jr. as County Manager. VOTE: UNANIMOUS b. Clerk to the Berard A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to reappoint Beverly A. Blythe as Clerk to the Board. VOTE: UNANIMOUS c. County Attorney A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to reappoint Geoffrey Gledhill as County Attorney. VOTE: UNANIMOUS d. Board Member Appointments (List provided under separate cover) The Board decided to discuss this item at the retreat on December 9, 2Q00. 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Brown asked that 9-a and 9-e be discussed at the retreat. PUBLIC CHARGE Chair Halkiotis read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not an the Printed Agenda Alois Callemyn, Vice Chair of the Economic Development Commission, spoke about the Orange County Buying Guide. He said that this guide was distributed by the Chapel Hill Herald as a newspaper insert last Wednesday. He distributed copies to the County Commissioners. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items an the agenda below.} 3. BOARD COMMENTS Commissioner Brown reminded the public about a meeting the County Commissioners have scheduled for Wednesday, December 6, 2000 at 7:30 at Chapel Hill Town Hall with Dr. Gordon Thompson to give a detailed report on his investigation of CP&L's storage of high-level nuclear waste at the Shearon Harris plant. It will be televised on cable television and there will be a question and answer session. Commissioner Carey mentioned that Orange County Habitat for Humanity received a $250,OQ0 grant in Community Development Block Grant funds for housing development funds. These funds will be used for Richmond Hills subdivision. The letter was sent from Governor Jim Hunt. Commissioner Jacobs congratulated Neil Pedersen for receiving the North Carolina Superintendent of the Year award. Commissioner Jacobs suggested asking the poll workers to a meeting in January err February and honoring them for their service. Commissioner Jacobs said that he has continued to have a relationship with Jud Edeburn, the Duke Forest Director, and has asked him to set up a meeting with one of the Vice Presidents and with Norm Christensen, who is the head of the School far the Environment. This meeting would be in regards to Orange County's purchase of the farmer Duke Forest property on McGowen Creek. This meeting will be December 21St Commissioner Jacobs asked that the Hunting Committee be reconvened to investigate firearm discharge near schools and hunting while drinking. He also made reference to a request for information from NCDOT on its activities to monitor diesel emissions and pollution on interstates in North Carolina, especially at the weigh station. Part of the request was that in the TIP, where they are funding improvements to the weigh station, that we were requesting that they consider additional testing mechanisms for monitoring diesel emissions. There was an editorial in the Raleigh News and Observer about a week ago discussing the fact that the state of North Carolina is finally coming to the realization that diesel emissions need to be monitored and reduced. This weigh station is one of the most visited weigh station an the East Coast and it is right in the middle of Orange County. Commissioner Jacobs said that he attended the presentation of the 2025 transportation plan. He said that one of the reasons that there is going to be an $billion-dollar shortfall in transportation is because they are basing the model on current land use planning. He hopes that when the County moves toward more compact forms of development and less sprawl, that we encourage others to do so as well and that the models are adjusted. Chair Halkiotis said that he received an email from a citizen about the burned out nursing home on Mt. Sinai Road and that it is not only an eyesore but there are safety issues that need to be addressed. He asked the Manager and the Attorney to report back on what the Commissioners can do about this situation. Chair Halkiotis said that he would like to address the meeting at Duke University on Saturday at the retreat. 4. COUNTY MANAGER'S REPORT John Link said that, speaking on behalf of the staff, they stand ready to help the County Commissioners in all their endeavors in the year 2001. Commissioner Brown left at this point in the meeting. She had surgery this afternoon. 5. RESOLUTIONSIPROCLAMATIONS a. Non-discrimination Policy for Agencies Receiving County Funds The Board considered implementing anon-discrimination policy for agencies receiving County funds. Human Rights and Relations Director Annette Moore described the process she followed in developing anon-discrimination policy for agencies receiving County funds. She said that she looked at other localities that had similar non-departmental funding as Orange County. The language was presented to the Human Services Advisory Chair and a member of the Human Relations Commission. The language also models the County's Civil Rights Ordinance. Commissioner Gordon suggested changing the word "sex" to "gender" an pages two and five. The Board agreed to make this change by consensus. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to adopt and authorize the Chair to sign the resolution as stated below: A RESOLUTION ENACTING ANON-DISCRIMINATION POLICY FOR AGENCIES RECEIVING COUNTY FUNDS WHEREAS, in 1989 the Orange County Board of County Commissioners established the Orange County Human Relations Commission to among other things make certain that in Orange County the policies provided far in various federal rules, regulations, and laws prohibiting discrimination were carried out in a lawful manner; and WHEREAS, direct discrimination by federal, state, or local governments is prohibited by the Constitution and indirect discrimination through the use of public funding is equally undesirable; and WHEREAS, justice requires that public funds to which all taxpayers contribute, not be distributed in any way that encourages, subsidizes, or results in discrimination; and WHEREBY, any operation of a local publicly funded program in a discriminatory fashion defeats the legislative objectives of the Board; and WHEREAS, this edict reflects the values and beliefs of the residents of Orange County as shown by their commitment to the Orange County Civil Rights Ordinance; NOW THEREFORE, do we, the Orange County Board of Commissioners hereby enact a non- discrimination policy that prohibits County funds from being used either directly or indirectly to support agencies discriminating on the basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status, or veterans status. This, the 4t" day of December 2000 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Appointments This item was removed and placed at the end of the consent agenda for separate consideration. b. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated herein by reference, related to three requests for property tax refunds amounting to $355.82. c. Property Value Changes The Board approved value changes for property after the 2000 Board of Equalization and Review adjourned, in accordance with the resolution, which is incorporated herein by reference. This will result in a net decrease in revenue of $3,478.00 to the County, municipalities, and special districts. d. Late Application for Homestead Exemption The Board approved a late application for granting a homestead tax exemption for the 2000 tax year, in accordance with the resolution, which is incorporated herein by reference. This will result in a reduction of 2000 taxes due to the County, municipalities, and special districts in the amount of $191.80. e. Classification Plan Amendment -EMT Paramedics The Board changed the grade of the existing class of EMT-paramedic from salary grade 67 to salary grade 68; established a new grade of assistant EMS supervisor at salary grade 68; and, changed the title and salary grade of the existing class of EMS field supervisor from salary grade 68 to EMS supervisor at salary grade 69. f. Personnel Ordinance Amendment - EguitylRetention Salary Adjustment The Board amended the Orange County personnel ordinance section covering equity/retention salary adjustment to give the County Manager authority to approve temporary amendments to the classification and pay plan to address retention issues. g,, Budget Amendment #5 This item was removed and placed at the end of the cansent agenda for separate consideration. h. Examination of Bonds The Board examined bonds for officials pursuant to G.S. 109.5. i. Farmland Preservation Trust Fund Grant Application This item was removed and placed at the end of the consent agenda for separate consideration. L Orange County Work First Plan The Board approved the Orange County Work First Plan. k. Addendum to Existing Agreement for Removal of Scrap Tires The Board approved atwo-year extension of the Solid Waste Department agreement with U.S. Tire Recycling. LIP., for removal of waste tires at the Orange County landfill. I. Surveying Agreement for Possible Southern Village Recycling Center The Board approved an agreement for surveying and platting the proposed site of a recycling center in the Southern Village development. m. Orange County 2001 Buy Recycled Conference -Work Plan This item was removed and placed at the end of the consent agenda for separate consideration. n. Continuation Agreement with Town of Chapel Hill for Senior Recreation Services The Board approved a continuation agreement with the town of Chapel Hill to provide funding in the amount of $46,697 to the County for the New Generations senior recreation program for the Chapel Hill Parks and Recreation Department. o. Authorization to Award bids Incidental to the Renovation of 129 E. King St. in Specific Instances The Board authorized the Purchasing Director to award bids for renovation work at 129 E. King St. during the period of Dec. 4, 2000 to Jan. 19, 2001. ~ Impact Fee Reimbursement The Board approved an impact fee reimbursement request from Habitat for Humanity in the amount of $6,000 for eight new homes. g,; Housing Rehabilitation Contract Award This item was removed and placed at the end of the consent agenda for separate consideration. r. Continuum of Care Committee This item was removed and placed at the end of the consent agenda for separate consideration. s. Petition of Abandonment of 0.23-mile Segment of Clarence Walters Road. SR 1724 from the State Maintenance Program The Board granted a request from the N.C. Department of Corrections and the N.C. Department of Transportation to abandon a section of Clarence Walters Rd. from the State- maintained Secondary Road System. t. Orange County Stormwater Program for Lands within the Neuse River Basin This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Appointments The Board considered appointments to the Advisory Board on Aging, HousingtUNC Task Force, Information Technology Advisory Committee and Intergovernmental Parks Work Group. Commissioner Gordon wanted to include the revised green sheets for the Intergovernmental Parks Work Group, which list the term endings. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve the following appointments: Advisory Board on Aging Mildred Council was appointed for the term ending June 30, 2003. Housing/UNC Task Force Lucy A. Savitz was appointed for the term ending to be announced. Information Technology Advisory Committee Joel Dunn was appointed for the term ending December 31, 2003. Intergovernmental Parks Work Group Beth Huskamp, Joe Herzenberg, Jeffrey Schmitt, Patrick Sullivan, Susannah P. Holloway, Judson Edeburn, Ken Chavious, and Gordon Warren were appointed for the term ending June 30, 2003. VOTE: UNANIMOUS ,g,; Budget Amendment #5 The Board considered budget ordinance amendments, Cedar Ridge High School construction and Pathways Elementary School capital project ordinances. Commissioner Gordon made reference to the Solid Waste Landfill Operations Fund and asked if these were funds left over from last year. Budget Director Donna Dean said that there were two outstanding purchase orders at the end of the year last year. This was during the transition period of the landfill operations being transferred from Chapel Hill to the County. One of the purchase orders was for mulch grinding and the other was for groundwater monitoring. The two purchase orders lapsed in the transition and need to be re-budgeted. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve budget ordinance amendments, Cedar Ridge High School construction, and Pathways Elementary School capital project ordinances. Chair Halkiotis asked Donna Dean to break out for the Board any of the Landfill related items that require a vote from the County Commissioners. VOTE: UNANIMOUS i. Farmland Preservation Trust Fund Grant Application The Board considered authorizing staff to submit a grant application to the N.C. Farmland Trust Fund. Commissioner Jacobs clarified that the amount was $215,000. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to authorize the staff to submit a grant application to the N. C. Farmland Trust Fund. VOTE: UNANIMOUS m. tJranae County 2001 Buy Recycled Conference -Work Plan The Board reviewed and considered endorsing a work plan and timeline far the 2001 Orange County "Buy Recycled" conference. Commissioner Jacobs asked that when the County has an event at the Friday center that the center use silverware and recycling containers, cream pitchers, salt and peppershakers, etc. Also, he asked if the food servers at UNC were going to be invited to this Buy Recycled Conference. Gayle Wilson said that he would invite the food servers at UNC. A motion was made by Commissioner Jacobs, seconded by Chair Halkiotis to endorse a work plan and timeline for the 2001 Orange County "Buy Recycled" conference. VOTE: UNANIMOUS g,, Housing Rehabilitation Contract Award The Board considered awarding two housing rehabilitation contracts in the amount of $26,960 and $15,300 to Taylor Home Improvements. Commissioner Jacobs asked if we are routinely trying to get the builders to recycle materials as much as possible. Housing and Community Director Tara Fikes said that a document was signed by Taylor Home Improvements that was separate from the specifications requiring as much recycling as possible. A motion was made by Commissioner Jacobs, seconded by Cammissioner Carey to award two housing rehabilitation contracts in the amount of $26,960 and $15,300 to Taylor Home Improvements. UOTE: UNANIMOUS r. Continuum of Care Committee The Board received a list of proposed Continuum of Care Committee members to participate in the development of a Continuum of Care plan far Orange County. Cammissioner Gordon asked if this was an appointment. Housing and Community Development Director Tara Fikes said that this was not an official County committee appointed by the County Commissioners but a committee that will be led by several community groups. Commissioner Carey said that the Board asked that this letter be written in lieu of reconstituting a committee that was appointed a few years ago. He said that same of the discussions and activities of this continuing group will directly affect and address some of the issues that the Board wanted the previous committee to address. A motion was made by Commissioner Carey, seconded by Cammissioner Jacobs to approve the list of proposed Continuum of Care Committee members to participate in the development of a Continuum of Care plan for Orange County. VOTE: UNANIMOUS t. grange County Stormwater Program far Lands within the Neuse River Basin The Board considered inclusion of a Stormwater ordinance into the Land Development Regulations. Commissioner Gordon asked Planning Director Craig Benedict to show the public the location of the Neuse River Basin. Planning Director Craig Benedict said that the State did approve the County's transmittal of the Neuse River Ordinance. This ordinance also includes a nitrogen reduction program. Other parts of the program will include identifying illegal discharges, public outreach, identifying buffer areas in the Neuse River, and identifying repair areas. Orange County is the first county within the Triangle to have these ordinances in place. As these regulations are enforced, there may be the need for additional personnel in the Planning Department. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adopt and implement the Orange County Stormwater Program and Ordinance for Lands within the Neuse River Basin and to adopt Ordinance Section 3 Riparian Area Protection within the Neuse River Basin and Ordinance Section 4 Table of Uses, with implementation pending Delegated Authority from the State. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board was to consider appointments to the Alcoholic Beverage Control Board, Chapel Hill Southern Community Park Conceptual Plan Committee, Chapel Hill Stormwater Utility Advisory Committee, Hillsborough Planning Board, and Orange County Planning Board. However, this item was postponed to the retreat on December 9, 2000. b. Forest Service Contract for Fiscal year 2000-2001 The Board considered approving an annual agreement with the N.C. Department of Environment and Natural Resources for protection, development, reforestation, management, and improvement of forestlands. John Link noted that in the fall, the County Commissioners had requested that the staff work with the Forest Service staff to try to pinpoint better ways for collaboration and cooperation between the County and the forest service. The proposal includes three items: 1) the regular agreement between the County and the State of North Carolina on forest services; 2) a memorandum of understanding between the County and the Forest Service; and 3) a listing of other concerns and interests that the County needs to work on with the Forest Service and others within the course of the year. The Manager recommends approval of the ongoing agreement and adoption of the memorandum of understanding. He also recommends that the Commissioners send the listing of additional concerns to the state counterparts as specific items to address for the work plan for the year. In answer to a question from Commissioner Jacobs, John Link said that the County has been paying for their portion of forest service during the interim time according to the contract. Commissioner Jacobs wanted to assure the public that the County has never lapsed in either their payments ar in their commitment to sound forestry practices. Commissioner Jacobs asked District Forester James Ellis about his concerns. District Forester James Ellis said that the County is asking the Forest Service to do things that they cannot da. For example, on page five of the memorandum of understanding, a number of items have been added that are not on Form 4808. The Forest Service is not able to provide the County with a map and acreage as requested under item "b" on page five. Under item "d", page five, the Forest Service uses a much broader standard. Also, it is not required by law to list the reforestation plans an Farm 4808. He said that, for the most part, the Forest Service does not know the owner of the property that is being lagged. The Forest Service is only present at logging operations to be sure that the operators are in compliance with the forest guidelines. He said that the Forest Service has no legal right to enter onto the property and inspect logging operations, but only for fires and insect disease. He said that it appears that the County is trying to get the Forest Service to do something that the County does not have the legislative authority to do. Commissioner Jacobs made reference to the list on pages nine and ten and asked Mr. Ellis if he would be willing to sit dawn with the Board and discuss these items. Mr. Ellis said that same of these items had nothing to da with forestry. As an administrator, he would prefer to meet as concerns came up that are related to forestry. Commissioner Jacobs said that it would be helpful if the items that are related to forestry were highlighted. He made reference to the natural areas inventory in the County and said that he was hoping that the County and the Forest Service could talk about how to inform people, before they log, that a site is on the County's natural areas inventory. Also, he made reference to the fact that Orange and Chatham Counties had the most significant number of organic farms in North Carolina. He said that one of the Forest Service's major operations requires a fair amount of spraying of herbicides, which destroys an organic operation. James Ellis said that the division has presented a bill to the department this year to ask for a notification law. Regarding herbicides, there is a law that requires adjacent landowners to be notified when spraying occurs. Chair Halkiatis assured James Ellis that the Board of County Commissioners had as its #1 goal, the protection of people, land, and rights in this County. There have been some serious air quality issues in the County in the last couple of years. This is why the Commissioners got involved in the open burning issues. He said that it seems that the Forest Service on the statewide level has limited authority to do anything in which the County has expressed an interest. He said that the County Commissioners have nothing but respect far the Forest Service and would never ask them to da something that they legally cannot do. Colonel Bill Breeze had signed up to speak on this item. He said that he has been in forestry since 1950. He has 175 acres planted and is in the process of planting 78 more acres. He made reference to a meeting last week about forestry and said that none of the County Commissioners attended this meeting. He said that he has sold timber on several occasions and has never been disappointed with the timbering that was done. He said that the Forest Service has been of assistance to him when his equipment caught fire and also when he had bugs in his pine trees. He feels that if the County Commissioners put restrictions on forestry that it will impact the people who are selling the timber. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the annual agreement with the N.C. Department of Environment and Natural Resources and the accompanying Memorandum of Understanding. VOTE: UNANIMOUS c. Contract for Limited Site Assessment of Underground Storage Tank (UST) The Board considered contracting with Quantum Environmental, Inc. in the amount of $20,645, to provide technical services far preparation of a limited site assessment report to the Groundwater section of the state Division of Water Quality. Public Works Director Wilbert McAdoo said that a proposal was sent out and three responses were received. This assessment will be sent to the State to identify the remaining soil contamination in the immediate vicinity of where the tanks were removed. The contamination should not be extensive. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to contract with Quantum Environmental, Inc. in the amount of $20,645 to provide technical services for preparation of a limited site assessment report to the Groundwater section of the state Division of Water Quality. VOTE: UNANIMOUS d. Stream Buffer Zoning Ordinance Amendments The Board considered proposed stream buffer amendments. Planner Robert Davis outlined the changes as suggested by the Ordinance Review Committee and approved by the Planning Board. This item went to public hearing on August 28, 2000 and was referred back to the Ordinance Review Committee. The Ordinance Review Committee recommended to the Planning Board to approve the stream buffer ordinance. The Planning Board also recommended approval with some changes to the ordinance. The purpose of the amendments is to provide clearer language for stream buffer calculation; add new definitions for Usable Lot Area and Federal Emergency Management Agency; set minimum square footage of lots that must be unencumbered by stream buffers, easements, water bodies, wildlife corridors, etc.; and establish a minimum of 50-foot {each side) stream buffers for perennial and intermittent streams outside of Watershed Protection Overlay Districts. The zoning text amendment does not affect bona fide farming operations. If the amendments are approved, they will apply to the entirety of Orange County. Commissioner Gordon made reference to page five and the added section and asked if number two should be septic system repair areas for existing structrares. Commissioner Jacobs questioned a situation where a subdivision has been approved but has not been platted. He does not think that where the septic system repair area is vested is a very clear cutoff point (i.e., upon issuance of a building permit, or platting of the property}. Geoffrey Gledhill asked that section 8 be excluded from the approval and that he bring it back with a more clear explanation (i.e., at what point the vesting would occur}. Commissioner Gordon painted out that the vesting portion did not go to public hearing. She thinks the staff is going to have to came back with some possibilities and some pros and cons. Commissioner Jacobs said that it sounds like the definition of "wildlife corridor" would have to be changed to 150 feet. He said that if the County Commissioners believe that 110 meters is a valid width for a wildlife corridor, then there may need to be some recognition in the process by the person purchasing the lot that an additional amount of land would constitute a wildlife corridor. Robert Davis said that "wildlife corridors" are not mapped on the plat. Commissioner Jacobs also questioned how a buffer could be set around a body of water that may at same point in the future be eliminated (i.e., filling in a pond). Robert Davis said that if a pond were in the middle of the field, it would not be included because it would not be in the same area of the stream buffer. If the pond were adjacent to the floodplain, then the buffer would be included. Commissioner Carey asked about the new floodplain designations and the FEMA maps done in 1981. Robert Davis said that the maps showed established floodplains done by the FEMA. The County Engineer is in the process of working with FEMA to update the maps and to determine whether the floadplains have become wider or narrower. He said that this would not be a vesting regulation because it would be a State or Federal change. Craig Benedict said that when the new FEMA maps are available, any development that exists now would be subject to those Federal regulations. Geoffrey Gledhill made reference to the definition of usable lots and said that it appears that conservation easements are excluded. One of the uses far conservation easements is to reduce density. If conservation easements are excluded altogether from usable lots, it will prohibit the use of conservation easements to reduce density. He recommends striking "conservation easements" from the definition of "usable lot". The issue regarding septic system repair areas in Section 8, number two will be clarified and brought back to the Board. It was decided that this item would be revised in accordance with the comments made above and brought back far Board approval an a subsequent agenda. e. Chapel Hill-Carrboro City Schools Elementary School #9 Planning Funds This item was postponed to Saturday, December 9` . 10. REPORTS -NONE 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to ga into Closed Session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5} Pursuant to GS § 143-318.11 {a){3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." VOTE: UNANIMOUS 14. ADJOURNMENT With no further items to consider, Chair Halkiotis adjourned the meeting. The next meeting is scheduled for Wednesday, December 6, 2000 at 7:30 p.m. at the Chapel Hill Town Council Room in Chapel Hill, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC