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HomeMy WebLinkAboutMinutes - 03-06-2001APPROVED 10/2/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 6, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, March 6, 2001 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Moses Carey, Jr., Alice M. Gordon, and Barry Jacobs COUNTY COMMISSIONER ABSENT: Margaret W. Brown, COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager Jahn 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. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board added to the agenda a closed session "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, pursuant to G.S. 143-318.11(a)(3) in the case of Orange County versus CP&L." The County Commissioners also accepted a revised abstract for items 5a and 7a as distributed. PUBLIC CHARGE Chair Halkiotis read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Karl Rabe proposed that the County Commissioners consider forming a Commission for Men since the County has a Commission for Women. He gave his contact information to Clerk to the Board Beverly Blythe. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items an the agenda below.) 3. BOARD COMMENTS Commissioner Gordan spoke about a Triangle Transit Authority public forum on March 8t" at 7:00 at the Hillsborough Town Barn to solicit public comment regarding express bus service between Hillsborough and Duke Medical Center. Commissioner Gordon said that the 25t" Anniversary Celebration of Women's History Month will take place on March 8t" at the Government Services Center. This event will begin at 7:30 p.m. Commissioner Gordon suggested that there be a cover sheet on all agenda packets stating whether or not the packet is complete. Commissioner Jacobs mentioned that there was a public information and comment meeting on March 15` at the Pleasant Green Road Community Center regarding the Little River Regional Park, About 40 people attended. According to the timeline, the Little River Advisory Board will be giving a report to the County Commissioners in April. Commissioner Jacobs mentioned that at the Orange County landfill for the next four Saturdays compost would be sold at $10.00 a scoop. This is a product of the restaurant food waste collection program. The compost will be available from 7:30 a.m. - 12:00 p.m. Commissioner Jacobs made reference to a letter dated February 21 st from the Orange Housing Corporation and the Community Land Trust about the potential merger. He said that the two organizations would like the Commissioners' endorsement as soon as possible. He said that two of the towns have already responded and he would like this to be on an agenda. This item will be on the agenda for March 20tH Commissioner Jacobs understands that there is a concern about the future of the large maple trees near the Whiffed Center in Hillsborough and he asked that the staff find out about this issue. Commissioner Carey said that he just returned from the NACo meeting in Washington. He made reference to the federal Land and Water Conservation fund that was never fully funded. He has been told that there is a proposal to fund this to its fullest level. He said that there were going to be some more funds in the budget if all of the proposals come through. He said that this fund would have some good implications for Orange County and the State. Chair Halkiotis said that he received a letter from District DOT Engineer Mike Mills who highlighted some of the actions that his office has taken regarding concerns that have been expressed by Orange County, particularly the issues on Business 70A and the stone wall. Chair Halkiotis said that, on behalf of the Board of County Commissioners and the citizens of Orange County, he extended his deepest sympathy at the passing of John Link's father this past week. 4. COUNTY MANAGER'S REPORT John Link said that our new DOT District Engineer Chad Thames has solicited comments from the County Commissioners on which roads they feel need resurfacing this year. Chad Thames would like responses submitted by next Thursday. The County Commissioners agreed to add this item to the agenda for March 13tH 5. RESOLUTIONSIPROCLAMATIONS a. Women's History Month and 25th Anniversary of the Orange County Commission for Women The Board considered a resolution recognizing March 2001 as Women's History Month and acknowledged the 25th anniversary of the Orange County Commission for Women. Human Rights and Relations Director Annette Moore introduced Hazel Lundsford who spoke about Jacky Philips who is moving out of the state. She said that Jacky Philips has done so much for the Commission for Women in giving of her time and advice. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign both the resolution and proclamation as stated below: RESOLUTION OF APPRECIATION FOR JACKY PHILIPS WHEREAS, since its formation in 1976, the Orange County Commission for Women has been a tireless advocate far women and families, due in large part to the dedication and energy of its volunteer members; and, WHEREAS, since 1997, Jacky Philips has served the citizens of Orange County as a valued and respected member and leader of the Orange County Commission for Women; and, WHEREAS, during her tenure, Ms. Philips has served as chair of the Orange County Commission for Women and has taken an invaluable leadership role in many of its projects; and, WHEREAS, Ms. Philips has actively and enthusiastically supported and encouraged the activities and endeavors of the members of the Orange County Commission for Women during her distinguished tenure; and, WHEREAS, Ms. Philips has participated in other groups dedicated to improving and enhancing the lives of women and families, such as the Family Violence Prevention Center; and, WHEREAS, Ms. Philips was instrumental in the formation of a tri-county commission to enhance and improve communication and collaboration between the Orange County Commission for Women and other area women's groups. NOW, THEREFORE, be it resolved that the Orange County Board of County Commissioners hereby expresses its appreciation to Jacky Philips on behalf of the Orange County Commission for Women and all the citizens of Orange County for her tireless dedication to improving the lives of women and families through her work with the Orange County Commission for Women. WOMEN'S HISTORY MONTH PROCLAMATION Whereas, American women of every culture, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; Whereas, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; Whereas, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; Whereas, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; Whereas, American women of every culture, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; Whereas, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and Whereas, the Orange County Board of County Commissioners on March 25, 1976, established the Orange County Commission for Women to promote the growth and development of all Orange County women and the Commission has been doing that for 25 years; Now, therefore, do we, the Commissioners of Orange County hereby proclaim March 2001 as "Women's History Month" and commend this observance to Orange county citizens. VOTE: UNANIMOUS b. Emergency Management Grant The Board considered a resolution accepting a grant from the State Emergency Management Agency to help support the County's emergency management program. John Link said that the funding will help offset administrative costs. He commended EMS Director Nick Waters for aggressively applying for this grant each year. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION TO ACCEPT GRANT FUNDS FROM STATE OF NORTH CAROLINA EMERGENCY MANAGEMENT AGENCY TO SUPPORT ORANGE COUNTY EMERGENCY MANAGEMENT PROGRAM WHEREAS, the State of North Carolina Emergency Management Agency provides annual grants to support and bolster efforts of local government emergency management programs; and, WHEREAS, Orange County received $20,334 last year as part of this grant program and expects to receive a similar amount during the grant cycle far this year; and, WHEREAS, funds received from this grant program support various administrative activities of Orange County Emergency Management and contribute significantly to safeguarding the public safety and welfare of Orange County citizens; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby accept the emergency management grant from the State of North Carolina Emergency Management Agency for the support of operations and services provided by Orange County Emergency Management. VOTE: UNANIMOUS c. Amendment to Cooaerative Agreement with Housing and Urban Development (HUD) for Fiscal Year 2000-2001 The Board considered a resolution approving an amendment to the cooperative agreement between Orange County and the U.S. Department of Housing and Urban Development {HUD) for services performed during FY 2000-2001 and providing $10,000 for the southeast regional civil rights summit. Annette Moore said that on April 23-27, 2001 the County would host a Southeast Regional Civil Rights Summit, which will be held at the Sheraton in Chapel Hill. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT {HUD} FOR SERVICES PERFORMED DURING THE FFY 2000-2001 WHEREAS, on September 5, 2000, the Board of Commissioners approved a Cooperative Agreement with HUD for FFY 2000-2001; and, WHEREAS, HUD proposes to amend the Cooperative Agreement to provide $10,000 in additional funding for additional duties and responsibilities associated with the Southeast Regional Civil Rights Summit sponsored by Orange County; and, WHEREAS, the Orange County Department of Human Rights and Relations can use these funds to da among other things: purchase conference training supplies, space rental, printing casts, rental of audiolvisual equipment and other administrative costs associated with the conference; NOW THEREFORE BE IT ORDAINED by the Orange County Board of Commissioners to approve an amendment to the Cooperative Agreement with HUD providing the Department of Human Rights and Relations with $10,000 for the Southeast Regional Civil Rights Summit. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -None 7. PUBLIC HEARINGS a. Orange County 2001 Legislative Agenda This item was presented far the purpose of holding a public hearing on potential items to be included in Orange County's legislative agenda package for the 2001 legislative session and to consider approval of draft resolutions and proposed bills for presentation to Orange County's legislative delegation. Geoffrey Gledhill reviewed the potential resolutions and legislative matters as listed in the revised agenda abstract. Cammissioner Gordon asked several questions, which were adequately answered by Geoffrey Gledhill or Commissioner Jacobs. Cammissioner Jacobs made three changes, which were sa noted by Assistant to the Manager Greg Wilder. Commissioner Jacobs commented that he thinks that there may be some opportunities for collaboration with some of the neighboring jurisdictions, such as Chapel Hill with inclusionary zoning, that could make Orange County a little more formidable in their lobbying efforts in the legislature. Chair Halkiotis thanked Commissioner Jacobs, Commissioner Carey, and the staff for all of the hard work that was done on these legislative matters. Commissioner Gordon thanked the Legislative Issues Task Force and the staff for their hard work. PUBLIC HEARING Ann McPherson said that the County Commissioners received a mama from the Human Relations Commission, which is incorporated herein by reference and stated as follows: "The Orange County Human Relations Commission recommends to the Board of County Commissioners that it include in its legislative packet the proposed bill authorizing cities and counties in North Carolina with populations of 100,000 to enact ordinances prohibiting discrimination in employment, housing, and public accommodations. "In 1987, the Orange County Board of Commissioners created the Human Relations Commission (the HRC}, and charged it to, among other things, 'promote harmonious relations within the county through hearings and due process of law.' In 1989, the HRC held a series of public hearings on issues including homophobia, racism, employment discrimination, and discrimination against women and children. These public hearings proved to be a major catalyst in beginning the drive toward adopting a county wide Civil Rights Ordinance, which culminated on June 6, 1995, when the Orange County Civil Rights Ordinance was enacted. "The Ordinance provided an avenue for traditionally disenfranchised Orange County residents - those who are discriminated against because of their race, color, national origin, age, gender, ar disability - to complain about discriminatory treatment and, in the majority of cases, to reach a satisfactory resolution of their complaints. Thus, the people of Orange County had local legislation to safeguard the things that are essential to most Americans: their homes and their jobs. "The recent court decision declaring unconstitutional the employment provisions of the Orange County Civil Rights Ordinance has seriously compromised the Ordinance's integrity, and has compromised the HRC's ability to fulfill its charge to promote harmonious relations through hearings and due process of law. The majority of discrimination complaints received by the Orange County Human Rights and Relations Department are employment-related. Because of the court order, the Department is now prohibited from providing assistance to the majority of those who call for help: Orange County residents, and those who work in Orange County, who have employment discrimination complaints. "If the proposed bill is enacted, Orange County will be able to re-enact the employment provisions of its Ordinance, and the Human Rights and Relations Department will once again be able to assist those who believe that their employer has discriminated against them. "For these reasons, we, the members of the Orange County Human Relations Commission, urge the Orange County Board of Commissioners to include in its legislative packet the proposed bill authorizing cities and counties in North Carolina with populations of 100,000 to enact ordinances prohibiting discrimination in employment, housing, and public accommodations." Ann McPherson urged the County Commissioners to support this legislation. She said that she was proud of the Commissioners because they seek progress far Orange County. Commissioner Carey pointed out that this item was a part of the legislative goal package and that the Commissioners are appealing the court decision on the Civil Rights Ordinance. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed legislative package with the changes and recommendations made by the Commissioners. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to approve those items on the consent agenda as stated below: a. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution for eight property tax refund requests amounting to $618.64, which is incorporated herein by reference. b. Budget Amendment #7 The Board approved a budget ordinance amendment for the current fiscal year, which is incorporated herein by reference. c. CJPP Continuation Grant Application The Board approved and authorized the Chair to sign a grant proposal to continue implementation of the Criminal Justice Partnership Program for Orange and Chatham counties. d. Lease Renewal: Hiahway 57 Solid Waste Convenience Center This item was removed and placed at the end of the consent agenda for separate consideration. e. Amendment to Resolution for Appointment and Orientation Process for Boards and Commissions as required by OWASA The Board approved amending the resolution for appointment and orientation process for boards and commissions to require all citizens applying for the OWASA Board of Directors to sign a disclosure form. f. Orange CountylHillsboraugh Courtesy ReviewAgreement This item was removed and placed at the end of the consent agenda for separate consideration. ,c~. Housing Rehabilitation Contract Award The Board approved a housing rehabilitation contract with Taylor Home Improvements in the amount of $23,350 to rehabilitate the property located at 114 Glossan Circle; Carrboro, North Carolina. h. HOME Program: Second Mortgage Assistance The Board approved and authorized the Chair to sign a development agreement with Habitat for Humanity on behalf of the Orange County HOME Consortium to provide second mortgage assistance for five low-income families. i. Memorandum Renewal with North State Legal Services This item was removed and placed at the end of the consent agenda for separate consideration. L Revised Scrap Tire Agreement The Board approved and authorized the Chair to sign afour-year contract with Central Carolina Tire for removal of scrap tires from the Orange County landfill. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: d. Lease Renewal: Hiahway 57 Solid Waste Convenience Center The Board considered a lease for the solid waste convenience center an Highway 57 in Hillsborough Township. Chair Halkiotis made reference to a statement from a citizen about getting proof of residency in Orange County to use the solid waste collection centers. He asked about the status of the rearview mirror tags and if they were still being used. Solid Waste Manager from the Sanitation Division Terry Campbell explained that the decals are still being used. Sometimes there is a problem with out-of-County waste. All sites have telephones and radial. A motion was made by Commissioner Carey, seconded by Commissioner Gordan to approve and authorize the Chair to sign a lease for the solid waste convenience center on Highway 57 in Hillsborough Township. VOTE: UNANIMOUS f. Oranae CauntylHillsbarauah Caurtesy ReviewAareement The Board considered a courtesy review agreement with the Town of Hillsborough. Planning Director Craig Benedict distributed a revised copy of the agreement. Geoffrey Gledhill said that there were no substantive changes in the agreement. He said that the language was made clearer. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the changes to the courtesy review agreement with the Town of Hillsborough. VOTE: UNANIMOUS i. Memorandum Renewal with North State Leaal Services The Board considered the renewal of a memorandum of agreement with North State Legal Services for legal counseling and assistance required by Title III of the Older American's Act. Commissioner Carey asked for a report an the utilization of this service that will be provided. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the renewal of a memorandum of agreement with North State Legal Services for legal counseling and assistance required by Title III of the Older American's Act. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Sunrise Springs Subdivision Preliminary Plan The Board considered a preliminary plan for the proposed Sunrise Springs subdivision. Craig Benedict noted that at the last meeting four issues were addressed and are detailed in the agenda -drainage, public vs. private road, location of buffers, and landscaping. He said that staff believes that this application does now meet the standards and there have been additional actions by the applicant to bring the subdivision above the minimum code. Commissioner Gordon made reference to a question asked by Commissioner Brown about shallow trench conventional and ultra shallow conventional with pump and if we are pushing this too far in terms of the limits of the capacity of the land. Craig Benedict said that the Commissioners asked for Environmental Health to speak to these types of conventional systems, and in December at the retreat Ran Haldway gave an analysis. He said that these types of systems meet the code of the Environmental Health Division. All of the septic fields are now contained within the lots and none are off-site . Chair Halkiatis thanked Craig Benedict for all the work done on this project. He feels that this has been a poorly presented subdivision and he would vote against it if he had any legal basis. He said that this has cost the County money in getting an additional legal review of this issue. He said that the review from the attorney clearly states, "The subdivision regulations contemplate the Board making its decision based upon facts as they exist at this date. If a developer previously violated a local ordinance or rule but has since remedied the violation, the Board may elect to pursue civil andlor criminal penalties. The Board may not deny development applications based upon these past violations." He said that he wanted to write a letter to Pickett Sprouse Real Estate, as an individual or Chair of the Board of County Commissioners, to express his total indignation about this process. He said that this type of aggressive marketing is totally reckless. He will send his letter to the Board, and if they do not agree with him, he will sand it as an individual. Syd Alexander, attorney for the applicant, spoke about enforcement for the conservation easement far the drainage area. He said that he and Geoffrey Gledhill have conferred and agreed that in the restrictive covenants and in a stipulation that would go with the Resolution of Approval, language will be incorporated that says that the homeowner's association will have the authority and an obligation to enforce the conservation area, and further, that the County of Orange, as a third-party beneficiary, will have the authority to enforce and protect the area around the drainage. He said that it was his belief that this application as submitted does meet ar exceed all of the requirements of the ordinance. Citizen Comments Steve Herman made reference to the Zoning Ordinance and the issue of a private road versus a state maintained road. He showed on a map the land disturbance for a private road versus a state maintained road. He said that there would be much more land disturbance for astate- maintained road than for a private road. He said that the main reason the developer does not want a private road is because he would not be able to have nine lots and make as much money. He also feels that the stream is not being protected because of the slope on both sides of the stream. He feels that there has not been serious consideration from the Planning Board in regards to the stream. Betsy Kraus spoke about the noise issue and said that because of the access routes there will be additional noise. She said that the development activities have changed the noise level at her house. She read same comments from other regulatory agencies about noise levels. AI Dodson said that he is concerned about the water flaw and velocity. He said that all of the land drains across the edge of his property and down through his property. He said that he agreed in writing that the developer will put same Rip Rap to slow dawn the water. He is not sure that this will fix the problem. Commissioner Jacobs asked and Craig Benedict said that there would be a significant cut in the berm even with a private road. Commissioner Jacobs made reference to the letter on page 75 and the Rip Rap and asked if there was a timeframe. Craig Benedict said that the Rip Rap would have to be in place, including all of the erosion control measures, before the first certificate of occupancy is issued on the project. Commissioner Jacobs asked about restricting tree clearing to the building envelope. Craig Benedict said that there was some additional language put in about haw trees are not to be removed except for certain reasons. Steve Herman painted out that the engineer that gave an analysis about the road was employed by the developer. Commissioner Gordon asked Craig Benedict about the issue of the private road and asked why there could not be a private road and how many lots would be permitted if there were. Craig Benedict explained that the first premise for roads in the development standards is that all roads should be public roads. This is so that buses can access the road and so that the road can be maintained by a stronger authority than the homeowner's association. The private road standards are very specific in that the environmental features are analyzed using about seven criteria to justify the private road. One of the first criteria is to increase the lot size. He said that the staff does not suggest going to a private road when there is the absence of all six criteria. Commissioner Jacobs asked if it is within anyone's purview to suggest a private road and get larger lots for the purpose of preserving a natural feature. Geoffrey Gledhill said that the regulations say when private roads are allowed. Commissioner Jacobs said that having a copy of the private road standards would help him to understand why this project does not meet those standards. A motion was made by Commissioner Carey to approve the Preliminary Plan for Sunrise Springs, in accordance with the Resolution of Approval, which is incorporated herein by reference. MOTION DIED FOR A LACK OF A SECOND A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to ask staff to come back with a written analysis of a private road versus a public road for Sunrise Springs; not relying on someone employed by the developer. VOTE: UNANIMOUS b. Adoption of Orange County Master Aging Plan: FY 2001-2005 The Board considered reviewing, modifying and adopting the Master Aging Plan far FY 2001-2005. Jahn Link summarized the information in the agenda. The recommendation is to approve the Master Aging Plan and that the Board address individual goals and any related costs of those goals as the timing of the initiatives came in due course. Department on Aging Director Jerry Passmore said that Florence Saltys, Chair of the Master Aging Plan Committee, was ill. He made some introductory remarks. Commissioner Jacobs asked that costs be put in priority order. Commissioner Gordon asked that detailed costs be added to the costs in priority order including the timeline for each item. She suggested adopting the Master Aging Plan in principle with additional wording that each initiative would need to be approved by the County Commissioners. Jerry Passmore said that the intent of the plan is to seek outside sources for funding the new initiatives as outlined in the Master Aging Plan. Chair Halkiotis said that senior issues have been discussed between the County, the municipalities, and the University. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to adopt the Master Aging Plan in principle with the changes as stated above and with the stipulation that the Board of County Commissioners will address individual goals in the future based on the timing of initiatives and funding available. VOTE: UNANIMOUS c. Review ArchitecturallSchematic Desian and Aanrove Plannina Phase for CHCCS Elementary School #9 The Board considered reviewing the design and approving funding for the Chapel Hill- Carrbaro school district's elementary school #9. John Link said that in December the Board appropriated $132,000 for the conceptlpre- planning phase for the preliminary programming and design work for the project. The Chapel Hill- Carrboro City School System is proposing that the Board now approve funding for the planning phase, which includes siting the facility and construction of the infrastructure. Assistant Superintendent of the Chapel Hill-Carrboro City Schools Steve Scroggs made some opening comments. He said that it was important to note the difference between schematics and design. Schematics are conceptual in nature and design plans include the details for electrical, plumbing, HVAC, walls, finishes, and landscaping. This presentation is only schematic. He said that this building was prototypical and would easily be replicated as elementary school #10. He said that they would look at all of the energy conservation measures that are implemented at Smith Middle School. This site will also have shared locations with the Parks and Recreation Departments. Ken Redfaot, Architect with Carley, Redfoot, and Zack made reference to a graphic, which showed the existing conditions of the site. The property is 22.05 acres. He pointed out the different features of the site and the Durham/Orange County boundary line. There is an existing pond adjacent to the property; there will be a recycling area built by the developer for the Town of Chapel Hill; and there will be a soccer field, a basketball court, and a parking area. The school building is a 91,000 square-foot one-story building for 607 students. There will be 25 classrooms. The school building does not straddle the DurhamlOrange County line, but is completely in Orange County. The developers have already begun the approval process with the Town of Chapel Hill. The building also shows future possibilities for additions at the end of each wing. He continued by explaining the specifics of the building. Chair Halkiotis asked if all rooms would have access to natural light and Ken Redfoot said yes except for possibly a restroom or a storage room. Chair Halkiotis verified that this same design was being considered for elementary school #10 and that there might be some cast savings in the design fees if the same firm were used. Commissioner Jacobs Hated that this site is mostly wooded. He asked how much of the land would be left wooded after the building is constructed. Ken Redfoot said that they would maintain as many trees on the site as possible. Commissioner Jacobs asked if the Tawn had responded to the request to waive the development fees and Jahn Link said that he was not aware of a response. The staff will follow up on this. Chair Halkiotis asked for a list of all the fees that the school system is being asked to pay, specifically by the Tawn of Chapel Hill and by OWASA. In answer to a question from Commissioner Gordon, Ken Redfoot said that the gym would actually be a multipurpose room. The wall between the multipurpose roam and the cafeteria is a movable wall. Commissioner Carey asked if the Chapel Hill-Carrboro City School Board has asked that the Tawn of Chapel Hill waive development fees far this new Elementary School. Chair Halkiotis Hated that this request to waive development fees should be made for both school boards. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to adapt the Elementary School #9 Construction Capital Project Ordinance, which is incorporated herein by reference. VOTE: UNANIMOUS d. Use and Access Plan: McGowan Creek Preserve The Board was to consider a proposal for the future public use of and access to the McGowan Creek preserve. This item was delayed to a future meeting. e. Delegate to Triangle Clean Cities Designation Celebration The Board considered authorizing a member of the Board to attend the Triangle Clean Cities designation celebration March 19t" and sign the non-binding memorandum of understanding as a stakeholder in the Clean Cities program. Environment and Resource Conservation Director David Stancil said that the memorandum of understanding was a voluntary approach to consider alternative and low-emission fueled vehicles, which the County has already pursued through the Alternative Fuel Low Emission Work Group and the work of the Commission for the Environment. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to authorize Commissioner Gordon to attend the Triangle Clean Cities designation celebration on March 19t" and to authorize the Chair to sign the non-binding memorandum of understanding as a stakeholder in the Clean Cities program. VOTE: UNANIMOUS 10. REPORTS a. Triangle Transit Authority The Board received a report from the Triangle Transit Authority (TTA} and discussed TTA's proposal fora $4.00 increase in the vehicle registration fee in Orange County. Executive Director of Triangle Transit Authority Jim Ritchey said that the TTA proposals before the general assembly are threefold: 1) to maintain State funding for public transportation statewide as well as the match for the TTA regional rail project; 2} to request that the State consider extending quick take condemnation authority to the TTA and the regional rail project; and 3) to ask for a $4.00 increase in the vehicle registration fee effective 2004. He said that there was a goad chance that TTA may not need all of the $4.00 vehicle registration fee increase. Wake, Orange, and Durham Counties and the special tax boards must all approve the fee increase. He said that TTA would be tripling its bus service. The first phase of the regional rail project will be running in 2008. The project is expected to cast around $750 million - $390 million in federal funds, $100 million in TTA funds, $89 million in debt, and $175 million in state funds. He said that the vehicle registration fee increase was not for the regional rail project. The rental car tax is sufficient to pay far TTA's share and to retire the debt over time. He said that the expansion of the bus service was driving the need for the vehicle registration fee increase. He spoke about a bus route that would be added this summer from Hillsborough to Duke Medical Center. By the year 2005, there will be bus service from Hillsborough to Chapel Hill. He said that the present vehicle registration tax at $5.00 is generating a little over four million dollars a year. It is expected to grow with the rate of population growth to five million dollars a year by 2010. With the bus service expansion, TTA will need close to nine million dollars a year in public subsidies from the local and regional sources to keep the service running. Commissioner Jacobs asked about the buses and Jim Ritchey said that they were diesel- powered. He said that diesel engines were becoming remarkably cleaner over the years. He said that alternative fueled vehicles could not be used because of the range requirements. The buses travel about 450 miles per day. With the railed vehicles, the use of liquefied natural gas is being explored. Commissioner Jacobs asked for an analysis by the County Attorney of quick take authority and the pros and cans. Geoffrey Gledhill said that with quick take authority, the condemning authority owns the property upon filing the condemnation action. He said that if quick take authority is not used, some cases could take years. Commissioner Jacobs asked if Jim Ritchey had seen the analysis done by Karen Lincoln of Orange County's regional transit issues and haw Orange County may be served better in same of the ways in which TTA might soon operate in Orange County. Jim Ritchey would like to see this analysis. Commissioner Gordon said that she wanted to reiterate that, as the years have gone by, the amount of money for phase one has tripled and the time for beginning the project has been put back five years. She is concerned that this additional revenue is going to phase one, when Orange County is in phase two. She is very interested in seeing TTA in conjunction with the Metropolitan Planning Organization work on planning for phase two ar even phase three, and make some commitment about the dedication of the $4.00 fee to phase two at a time certain. Jim Ritchey said that phase two planning has been underway for four or five years in the 15-501 Major Investment Study. He said that he looks forward to working hard to find the dollars to build phase two. He said that the first step was to get the right plan for phase two. Chair Halkiotis would also like to see an analysis of the quick take ramifications to Orange County, and the pros and cons. The Board received the TTA report 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to go into closed session, "To consult with an attorney retained by the Board in order to preserve the attorney- client privilege between the attorney and the Board pursuant to G. S. 143-318.11(a)(3) in the case of Orange County versus CP&L." VOTE: UNANIMOUS 14. ADJOURNMENT With no further items far the Board to consider, a motion was made by Barry Jacobs, seconded by Commissioner Gordon to adjourn the meeting. VOTE: UNANIMOUS The next meeting on the regular meeting schedule will be held on March 13, 2001 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. Stephen Halkiotis, Chair Beverly A. Blythe, CMC