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HomeMy WebLinkAboutMinutes - 20011211APPROVED 211 912 0 0 2 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 11, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, December 11, at 6:04 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown (arrived at 6:25), Moses Carey, Jr., Alice M. Gordon (arrived 6:57) and Stephen H. Halkiotis 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. 1. ADDITIONS OR CHANGES TO THE AGENDA The Chair added as Consent item 8-g "Salary Adjustment for the Clerk to the Board of Commissioners". PUBLIC CHARGE Chair Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Aaenda Bill Crowther spoke about the Elizabeth Brady Road extension. He said that it was a little surprising to see it as number one on the Transportation Improvement Plan (TIP} priority list this year. In past years it has not even been on the TIP priority list. He said that it was encouraging to see the sensitivity to the environmental and cultural resources. He said that it was disappointing in October, after nine months of work on the joint task farce on Economic Development Districts (EDD) Transportation issues, that Hillsborough's Town Board discarded the recommendations and proceeded to put forth its TIP list of last year. On November 27th, NCDOT held a briefing in Raleigh to release some new proposals that address some environmental concerns. One of the issues is to look at environmental impacts before projects go on the TIP list. Given that Elizabeth Brady Road is currently on the state TIP list and it is in the beginning stages of an Environmental Impact Statement {EIS), which is scheduled for a final draft in September of 2004, he asked that the County Commissioners consider having the Orange County staff do an environmental snapshot of this area as an objective for the coming year. He said that Orange County has the expertise and the Geographic Information System (GIS} capability to provide the raw data that would clearly identify the natural and manmade resources in that area and this data would be very helpful to Orange County, Hillsborough, and NCDOT. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Carey said that he recalls several years ago that Orange County approved some goals in supporting minority and female participation in the contract process for construction projects. He asked for an update on what has happened since the County Commissioners adopted this particular resolution. The state also adapted some of the same goals. He will bring this forward again at the retreat. Chair Jacobs supported Commissioner Corey's request for an update on the goals in supporting minority and female participation in construction projects. Commissioner Halkiotis said that it appears that a traffic light will be put at the new Cedar Ridge High School. He thinks we need to highlight the work of a lot of parents in the Orange County School system, the Orange County School Board, the Orange County Commissioners, and Senator Ellie Kinnaird. Senator Kinnaird was the moving farce behind getting the light put in. He would like to send a thank you Hate to Senator Kinnaird for convincing those at the state level to put a light at this location. Chair Jacobs announced that the fourth annual Orange County Agricultural Summit will be held on February 19~" at 9:00 a.m. at the Schley Grange Hall. Commissioner of Agriculture Meg Scott Phipps will be the keynote speaker. There have been some significant changes regarding agriculture and these will be discussed at the summit. Chair Jacobs congratulated Brenda Stephens who stepped dawn as President of the North Carolina Public Library Directors' Association. Chair Jacobs asked County Attorney Geoffrey Gledhill to update the County Commissioners on the court case, which was heard before the North Carolina Supreme Court today. Geoffrey Gledhill said that it was his high honor and privilege to represent Orange County before the Supreme Court in the civil rights lawsuit. The constitutional question involves an obscurity of the North Carolina constitution, which affects how the General Assembly can pass laws that are local laws. There is concern in the business community that Orange County's civil rights ordinance is not pra- business. The court was very interested in the arguments and their questions indicated that their interest was in the areas that are the chief points of difference between Blue Cross-Blue Shield and Orange County with respect to the constitutional question. Justice Martin made the observation that this case was a very important case in the law of North Carolina. Geaf Gledhill said that he has na way of predicting what will happen next. The County was well received, as was Blue Cross-Blue Shield's representatives. NOTE: Commissioner Brown arrived at this point in the agenda. Chair Jacobs commented on the meeting with DOT. It was a very productive meeting. DOT continues to be collaborative in their response to issues that we raise. For instance, they promise to keep us informed an their decisions to close the VIlest Hill Avenue railroad crossing. There will also be signal synchronization for Churton Street. There will also be significant upgrades to US 70 beginning at highway 751 and working toward Hillsborough. Chair Jacobs Hated that the Commissioners each has been provided with afollow-up list of items that are still pending. 4. COUNTY MANAGER'S REPORT John Link made reference to John Robinson of Mebane who spoke before the Board at their December 3`d meeting about some safety concerns and also about a portion of a road where some homemade speed bumps had been made in the roadway. He said that he spoke with Mr. Robinson about going to the Magistrate initially about a complaint of this nature. The County Engineer today talked with Mr. Robinson who thanked the County Commissioners and staff far their quick response to his concern about the roadway. County Engineer Paul Thames assured Mr. Robinson that he would continue to work with DOT to resolve the road issue. Commissioner Halkiotis said that he did go out to the subject road with the Sheriff and it was apparent that there were three speed bumps on this section of pavement. There were homemade signs, which indicated that there were speed bumps. He did see a lot of "No Trespassing" signs, but he did not see what he thought he would see, as was indicated by Mr. Robinson last week. 5. RESOLUTIONSIPROCLAMATIONS a. North Carolina Local Government Debt Setoff Program The Board considered a resolution authorizing staff to participate in the N.C. Local Government Debt Setoff Program. John Link said that the County Commissioners' Association and the League of Municipalities have worked together with the Department of Revenue so that now a portion of state income tax refunds may be paid back to the local governments as back taxes or other fees owed by taxpayers that have been delinquent in making payments. This program has statewide support. Revenue Collector Ja Roberson said that this program is under a state law that was passed in 1997. The state of North Carolina has mandated since 1997 that all state agencies have to participate in the program. There has been an expansion to allow local governments to participate in the program. The League of Municipalities and the North Carolina Association of County Commissioners have worked with the State Legislators to set up a debt setoff clearinghouse that will handle it for the counties and municipalities that choose to participate. There is a requirement that the debt must be $50 or more. South Carolina has been doing this program since 1993 and has returned to local governments in excess of $175 million. She said that this was a worthwhile program to participate in. If the Board approves this program, a test program will be done the first year and evaluated before there is a notice sent out to the individuals before the debt is ever submitted, giving them an opportunity to appeal it. Commissioner Carey verified that the company that is collecting this debt would not get anything if the County does not get anything. Jo Roberson said that there is a $15 fee for each hit. A portion of it is returned to the League of Municipalities and the North Carolina Association of County Commissioners. Commissioner Carey also verified that the state would get its money before the County would get its money. Commissioner Brown asked if there is a reason that Jo Roberson chose the EMS outstanding bills and Jo Roberson said that these bills date back to November of 1996 and the staff has actively pursued collection of these debts. Commissioner Brawn asked what other categories would also be pursued. Jo Roberson said that some other categories would include debts owed to the Health Department, Social Services, the landfill, and others. Commissioner Brown said that she associates these debts with citizens who have the lowest of incomes and she is not comfortable with pursuing these debts. Commissioner Halkiotis asked if this is strictly voluntary for the County and Jo Roberson said yes. He would like to have a better picture of who would be impacted by this. He does not want to hurt someone that is having a difficult time financially. Jo Roberson said that the County may also submit taxation through this resolution as well to the state. She recommends that it be done for primarily registered motor vehicles. There are a lot of transient people in Orange County and there are registered motor vehicle bills that do not get paid. She said that this would be a good collection tool relative to taxation. Commissioner Carey said that this Board is sensitive to trying to da what we can to mitigate against imposing more hardships on the citizens of Orange County, especially those in need. It troubles him that some of the individuals might be in need. However, he would like to know more about the individuals to find out whether they can pay or not. He will support this. Assistant County Manager Rod Visser said that this program is not an all ar nothing program. The staff has some discretion in the particular accounts that might be pursued. Chair Jacobs suggested that the County Commissioners be provided with additional information and this item be brought back in January. He suggested looking at a different target group for the program rather than EMS bills. Perhaps the right group might be registered motor vehicles. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to table this item until the next meeting, January 16, 2002. More information will be brought back about debt collection and which accounts will be pursued. Commissioner Brown would like to see the list of the registered motor vehicles. NOTE: Commissioner Gordon arrived at this point in the agenda - 6:57 p.m. John Link said that the staff could also bring back any information from the State Department of Revenue as to whether or not the income tax refunds can be measured. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Planning for Bond Sales and Alternative Capital Financing The Board received a presentation on factors to be considered in the timing of incurring debt through the sale of bonds approved by voters in November 2001 and through alternative financing mechanisms. Jahn Link noted that with the passage of the bond referendum in November, the County Commissioners asked that the Manager and staff suggest a framework as to how to sell the $75 million in bonds and pursue alternative financing to address high priority capital items that were not included in the bond referendum. In a five-year period, the County can sell all of the bonds and be able to address all of the needs identified in the band and those priority projects that were not included in the bond. The first sale will include the school projects (renovations at Hillsborough Elementary School and Chapel Hill High School, and address Elementary School #9}. Budget Director Donna Dean made a PowerPoint presentation. The plan proposes financing $111.7 million in needs. The $75 million bond equates to 4.7 to 5.1 cents on the tax rate in fiscal year 2006-2007. The other part is $36.7 million in alternative financing, which would address the needs identified by the Capital Needs Advisory Task Force that were not included in the bond. These funds would be issued from July 2002 to July 2007. The tax impact would be between 2.1 and 2.4 cents by the fiscal year 2008-2009. The estimated tax rate impact for both pieces is about 7 cents. The proposals do not include the plan for pay-as-you-go funding. These will be addressed in the County's upcoming 2002- 12Capital Investment Plan. In addition to the renovations at Hillsborough Elementary, Chapel Hill High School, and construction of Elementary School #9, there will be some planning for Elementary School #10 and Orange County Middle School #3. Both of these schools will be opening in fiscal year 2006-2007. Alternative financing will allow for renovations of current school facilities and initial planning for Chapel Hill-Carrboro High School #3. The new Chapel Hill Senior Center will be opening in the summer of 2006. There is also time to plan and select the site for the NorthernlCentral Orange Senior Center. Possible paints to address in parks, recreation, and open space include feasible timelines for proceeding with jointly funded/planned projects and deciding if the policy retroactively applies to undistributed 1997 bond proceeds. Funding far affordable housing will be phased in over the first three bond sales and will provide $4 million. The funds will help leverage federal, state, and private funds. The community college satellite campus is funded through alternative financing. Funds could be available for construction as early as June 2004. Farmland Conservation easements will also be funded through alternative financing over a period of five years far a total of $3 million. Other alternative financing projects include the Orange Enterprises addition, the justice facility, the Government Services Center addition, Planning and Agricultural Center renovations, and the farmers market. Once the facilities are constructed, the County faces increased costs -annual debt service to repay bonds and alternative financing and annual operating costs of new facilities. Chair Jacobs asked a clarifying question about the seven-cent tax impact. He said that when we discussed the $75 million bond package, the tax impact was over athree-year period. Donna Dean said that this was using interest rates between 6-6'h°lo. The time period has changed to a five-year period and the amount being borrowed is now $112 million. She said that this shows same restraint and conservatism in the way in which we are going about this. Commissioner Brown said that she was glad that Donna Dean included the operating costs since this is a piece of the debt to support all of these facilities. Commissioner Carey clarified that the operating casts are not included in the tables that are part of the agenda packet. John Link made reference to table three, which is the combined tax impact of both bonds and alternative financing for the year 2003-2004 of 2.4 cents. There are other issues such as whether or not the state will continue to give the County reimbursements, increase in Medicaid casts and increases in operating budgets for schools and County operation. The public needs to keep in mind that when we talk about 2.4 cents that it is just to finance the debt and does not address operating costs. Commissioner Halkiotis asked about the process the County Manager will use in meeting with the two superintendents since the bulk of the bond money is going to school related projects. John Link said that the staff would take what the Board approves and work through the process with both school superintendents making sure to understand how the projects address their priorities. Commissioner Halkiotis suggested that the Manager keep the Board posted an this. He feels that an earlier meeting with the school boards might be needed before March 25t". He would also like an update on Elementary School #1 Q. Commissioner Gordon asked about the peak year for the bands and the alternative financing combined. Donna Dean said that 2QQ8-Q9 would be the peak year for debt. Commissioner Gordon said that she understands that this follows our policy far debt. She verified that if we wanted to add something, we would need to take something away and John Link said that is correct. John Link said that each year the County Commissioners would be addressing the bond financing for the budget. Commissioner Gordon made reference to the alternative financing and table II, "Potential Schedule far Alternative Financing" and said that the two school systems have unfunded bond requests. She asked what projects the Chapel Hill-Carrboro City Schools CHCCS) and Orange County Schools (OCS) want addressed. She feels we need to talk with both school systems about how the plans have evolved. She said that we really need to look at how the impact fee revenues are going to be used, because they have increased with the new schedule. She also noted that there is not enough money in the proposed funding plans to construct a third CHCCS high school. Her understanding is that the two current CHCCS high schools will be at capacity very soon and so it is reasonably clear that high school #3 is needed. Therefore she feels it is really important to prepare a plan to finance high school #3 in the CHCCS district. She would like the school systems to present a list of projects they would recommend and then have staff let the Board know if those projects are factored into this plan as presented tonight. Commissioner Gordon made reference to the County projects and questioned the $8 million for one of the Caunty buildings. She thought that we were budgeting a little lower for this. John Link said that these questions would be answered through the 1Q-year CIP that will be presented to the County Commissioners in the spring. All of the projects will be listed in the Capital Improvement Plan along with the source of revenue. Commissioner Brown clarified that what has been presented is a framework and what we will be doing aver this next year will be the unknown elements and how they will influence the band monies and alternative financial options. Commissioner Carey feels that this plan is a good start. He agreed with Commissioner Halkiotis that we do not have until March to decide on a direction with the schools -that some decisions need to be made before March. This needs to be a reliable plan. He wants to hear from the school systems, especially about the third high school in Chapel Hill-Carrboro. Chair Jacobs mentioned that he and Commissioner Halkiotis had an opportunity to talk with the Chairs and Vice-Chairs of bath school boards and they discussed the passibility of some of the County Commissioners going to a school board meeting and trying to articulate more clearly the areas that are in need of more collaboration and cooperation. He welcomed any ideas from the other Commissioners. Commissioner Gordon asked that staff obtain the membership figures for all levels {elementary, middle, high school} in both systems. The Schools Adequate Public Facilities Ordinance is going to recommend that November 15t" be the appropriate date for membership figures. In answer to a question from Commissioner Brown on the Adequate Public Facilities Ordinance, Commissioner Gordon said that it is almost ready to go forward to the school systems and to the municipalities for their consideration of adoption. There is one section that the attorneys are still working on. Geoffrey Gledhill said that one of the changes that was approved by the Schools and Land Use Council related to projects that are exempt from the SAPFO requirements because of long-term restriction for dormitory use or elderly use. The long-term period is 3Q years, and if the project comes out of the long-term use, it has to receive a certificate of adequate public facilities. This is going to require changes in land use ordinances that were not originally contemplated. John Link recommended that the staff and the Chair work on three or four similar letters to indicate a process that we intend to pursue four (4) bond sales and four (4) alternative financing plans aver the next five fiscal years. This would be communicated to the school systems, proponents of affordable housing, the towns, and the senior centers. Chair Jacobs suggested that the letter to the towns encourage the towns to discuss priorities because they may have different priorities to communicate to the County. Commissioner Brown made reference to the County's agreement with the different funding partners and said that it might be helpful to review this policy. Commissioner Brown made reference to the draft policy statement and said that it was more like a letter. She said that it needs to be reconstructed. There should be something in the policy statement about construction management and joint purchasing opportunities. There are also unexpended bond monies from 1997 that need to be addressed related to parks and open space. Jahn Link said that he would respond with criteria -whether it is for schools, senior centers, etc. The County Commissioners will be provided with the information they need by mid-February. None of the projects are of an emergency status between now and February. Commissioner Gordon made reference to the County's policy and wondered if we should differentiate parks that are inside town limits and parks outside town limits. Jahn Link said that this policy was for any project that is asking for County funding, regardless of the entity. Commissioner Gordon said that one of the reasons we are trying to develop this policy is that we do not have a memorandum of understanding. She said that we should seriously consider what the Memorandum of Understanding {MOU) should be because if we had that, then this policy would probably already be in place. It could be a two-step process, but she thinks that the sooner we get this interlocal agreement the better off we would be. The staff will bring back some additional information, incorporating the Board's thoughts and recommendations. The staff will also ask others for their input concerning the proposed funding plan, as requested by the Commissioners during their discussion. 7. PUBLIC HEARINGS -NONE 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 stated below. a. CJPP Continuation Grant Acceptance The Board accepted $165,221 in Criminal Justice Partnership Program (CJPP) implementation grant funds from the N.C. Department of Correction and authorized the Chair to sign the acceptance document. b. Electrical Easement for Fairview Park Community Policing Center The Board granted an electrical utility easement to Duke Power for the Fairview Park Community Policing Center. c. Bid Award: Construction of Carrboro Plaza Recycling Site The Board awarded a bid to C.J. Mclsaac Construction of Eden, in the amount of $41,900, to construct adrop-off recycling center at Carrboro Plaza. d. Reappointments to Information Technology Advisory Committee The Board reappointed Jane L. Sparks, Knox Efland, and Richard A. Roll to the Information Technology Advisory Committee far terms ending December 31, 2004. e. Appointments to Little River Park Advisory Committee (LRPAC) The Board approved extending by one year the term ending dates for all members of the Little River Park Advisory Committee, and appointed Sandra Quinn for a term ending September 30, 2002 f. Minutes The Board approved the minutes for the following meetings: April 30, 2001 budget wark session; May 15, 2001 regular meeting; June 19, 2001 regular meeting; June 21, 2001 budget wark session; June 25, 2001 regular meeting; and, August 14, 2001 regular meeting. g_ Salary Adjustment for the Clerk to the Board of Commissioners The Board increased the salary adjustment for the Clerk to the Board from Salary Grade 73, Step 10B, $62,357 to Salary Grade 73, Step 11 B, $65,473. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Efland Sewer Rules and Richmond Hills Project The Board considered amending the Efland Sewer rules related to affordable housing projects and instituting those provisions through a sewer agreement and a subdivision amendment for Richmond Hills. County Engineer Paul Thames said that the material contained in this item is designed to address concerns expressed by the Board and others so that the financing of the pump stations is not an undue burden on affordable housing projects in which the County has a significant financial stake, and he indicated how this applies specifically to the Habitat for Humanity Richmond Hills project. What is being presented is the amendment to the Efland Sewer Rules, which provides a strategy for financing maintenance and operational pump stations and also provides an exception for affordable housing. The draft sewer extension contract ties back to these rules for the Richmond Hills Subdivision pump station. There is also an amended resolution of approval because the provision was not made exactly like this when the subdivision was originally approved. Commissioner Halkiotis said that he hopes we can keep the monthly payment at the maximum of $15.00 a month and not ga to $20.00. Chair Jacobs said that we should track the payments ourselves so that we make some kind of provision for people who are unable to pay and so that these people are not somehow threatened in maintaining their home. He made reference to page seven and being consistent with the Orange County Land Use Plan and asked if we were allowing ourselves the flexibility to make adjustments subsequent to adopting a new comprehensive plan. Geoffrey Gledhill said that the water and sewer policy is making its way through approvals by municipalities and water providers. It will then need to be incorporated into the comprehensive plan of all of the governments. When that occurs then the system extensions will have to be consistent with that water and sewer policy. Commissioner Gordon made reference to page 6 - 9B, which reads "Extension of the System to new developments can only be approved by the County Engineer if all zoning, subdivision, land use plan, and comprehensive plan regulations of Orange County ar the Tawn of Hillsborough, if applicable, are met." She asked why the Land Use Plan was listed separately if the Land Use Plan was an element of the Comprehensive Plan. Planning Director Craig Benedict said that it is part of the Comprehensive Plan but there are other elements of the Comprehensive Plan that could support policies that would help with determinations of extensions to sewer systems. Commissioner Gordon suggested a change in the language to clarify this section. Chair Jacobs suggested the following language change: "and other comprehensive plan regulations of Orange County orapplicable municipal land use plans..." A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve with changes as noted above and to authorize the Manager and appropriate staff to sign as necessary the following: 1) amendment to the Efland Sewer Rules; 2} Richmond Hills sewer extension contract, which includes the funding of the Richmond Hills pump station perpetual maintenance fund through a monthly surcharge on individual customers; and 3} amendment to the Richmond Hills Subdivision Resolution of Approval. VOTE: UNANIMOUS b. Reaister of Deeds Automation The Board considered authorizing the completion of the Register of Deeds office automation project. Rod Visser said that significant progress has been made in the Register of Deeds office to improve automation. They would like to replace the Legacy software system eventually. The staff is asking the Board to approve a contract to complete the work of the automation update. Commissioner Halkiotis commended Joyce Pearson for the wonderful job she has done since she became Register of Deeds. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to 1) authorize the Register of Deeds to proceed with the completion of the project to automate the Register of Deeds office with an integrated software package; 2) approve a contract with Harshman Consulting in an amount not to exceed $28,600, subject to final review by staff and the County Attorney, to provide professional services in various capacities through the implementation of the project; and 3) to authorize the Purchasing Director to execute the appropriate paperwork. VOTE: UNANIMOUS c. Approve Funding for Initial Site Work at Chapel Hill-Carrboro City Schools {CHCCS) Elementary School #9 at Meadowmont The Board received an update on the status of elementary school #9 at Meadowmont and considered allocating November 2001 band funds for initial site work. Rod Visser summarized the information in the agenda abstract. The staff is asking the County Commissioners to approve a $235,000 appropriation for the Chapel Hill-Carrboro City Schools Elementary School #9 project to accomplish pre-grading of the site. This will also include money for construction bidding and some project contingency. This process is in accordance with the policy adopted by the County Commissioners last year for planning and funding schools and County capital projects. This is just a portion of the construction costs. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Elementary School #9 Construction Capital Project Ordinance, which is incorporated herein by reference. VOTE: UNANIMOUS (Commissioner Brown was out of the room) d. County Limited English Proficiency Policy and Action Plan The Board considered adapting a policy to eliminate ar reduce to the maximum extent possible limited English proficiency (LEP) as a barrier to accessing County government services. Human Rights and Relations Director Annette Moore said that this policy is consistent with the goal of the County to eliminate LEP as a barrier to non-English speaking residents. It is also consistent with executive order 13166, a presidential order mandating that all federal agencies ensure that they and the recipients of federal aid improve access to the LEP population. The policy provides no new rights or benefits, but clarifies existing responsibilities and sets forth steps to provide meaningful access to services by the LEP community. Director of Central Stares and Purchasing Pam Janes spoke about the tools available to departments to come up with specific programs. She made reference to page nine of the abstract, which is the toolbox. There are four areas: County employees proficient in other languages taking calls, etc.; independent contractors (interpreter services); telephone interpreter services; and Spanish-speaking mailbox greeting and voice mailbox. Commissioner Gordon made reference to page six and asked how the signage would be operational. Annette Moore said that this information would come from census data. Chair Jacobs made reference to pages five and ten and said that there should be a specific standard response time. He thinks it should be within one business day and it should be stated in the policy. He made reference to some additional statements in the policy and recommended clarifications, which were Hated by the staff. Commissioner Halkiotis stated that, in working with Clerk to the Board Beverly Blythe and Register of Deeds Joyce Pearson, he volunteered to do an experiment eight months ago to look at the sign next to elevator with directions to the Register of Deeds office in Spanish. He also commended the Solid Waste staff for having a sign on the back of a garbage truck stating that Orange County recycles. Commissioner Gordan noted the financial impact statement, which indicates that there is no direct immediate impact and asked what the long-term impact would be. John Link said that they are using their present staff. However, there will be some cast to address the signage, but additional staff such as interpreters may need to be added. He suggested we pursue signage and use existing staff to respond to telephone inquiries. There is already staff in DSS and the Health Department who speak Spanish. Commissioner Halkiotis encouraged the staff to be creative. He said that there were many graduate students and many people in the Hispanic community who would love to be able to pick up some extra money by helping with these services. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proposed policy and action plan. VOTE: UNANIMOUS e. Regulated Recyclable Materials Ordinance The Board considered adopting a Regulated Recyclable Materials ordinance. Chair Jacobs made reference to the information that was distributed. Page three has the equipment costs associated with this initiative. He made reference to the issue of prohibition of open burning of wood waste as it relates to agricultural enterprises and said that the Board has asked staff to work on this mare and it will be coming back to the County Commissioners. Rod Visser said that the staff is also asking the Board to approve the creation of a permanent full-time Construction and Demolition Education and Enforcement Specialist when this ordinance is adopted. This ordinance was recommended from the C&D Recycling Task Farce that was appointed by the Commissioners in late 1999. The purpose of the proposed ordinance is to regulate recyclable construction and demolition materials and other materials in the waste stream by keeping them from being landfilled and requiring that they be separated through recycling policies. The Board held a public hearing in November on the ordinance and received a lot of feedback from the public. Most of the concerns were related to how this would affect the agricultural community, particularly with regard to potential threats on land-clearing practices for new fields. The Board of County Commissioners is very concerned about this. The staff is recommending that the Board adopt the ordinance without this point far now. The staff will come back within a few months and include a ban on burning of non-reusable wood waste after the options are examined for helping the agricultural community. The only significant change in the ordinance from the public hearing is that the definition of solid waste has been changed to eliminate non-reusable wood waste as an element. Commissioner Halkiotis asked about the horizontal grinder and if it is mobile and can be transported and Solid Waste Director Gayle Wilson said that it could be transported. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the ordinance as attached and approved the creation of a permanent, full-time Construction and Demolition Education/Enforcement Specialist position, effective immediately. There was someone that had signed up to speak about this item. Aaron Nelson, Executive Director of the Chapel Hill-Carrbaro Chamber of Commerce, encouraged the Board to further explore ways to provide incentives to encourage people to use this ordinance in advance of the expiration of the grace period. A discount in tipping fees would be helpful. He objected to the 6Q-day delay for the demolition of buildings to allow time for staff to assess what can be salvaged. The delay should be restricted to the full demolition of a structure -not knocking out a wall or removing a door. He asked for flexible enforcement of segregated materials. He said that he could put his cardboard at his curbside collection. He asked if the truck would be allowed to dump at the site, if it is not just for C&D but for everything that comes through the landfill. Gayle Wilson said that the ban on cardboard that currently exists does not apply to residential cardboard because there are not curbside programs that collect cardboard. This ordinance would apply to all cardboard. However, staff will focus on C&D, associated cardboard, and commercial cardboard. Regarding the 60-day option for demolition, the ordinance allows up to 60 days and he does not feel that it will take nearly that long. Quite honestly, the staff believes that 90+% of projects would be delayed two weeks or less. Commissioner Gordan asked far additional information on the 60-day period to make sure that other smaller projects would not be delayed needlessly. There could be some criteria to identify some exclusions (i.e., home improvement projects). VOTE: UNANIMOUS f. Birdsong Subdivision Preliminary Plan The Board considered a preliminary plan for the proposed Birdsong subdivision. This item was tabled on October 16, 2001 for additional analysis on five issues, which are outlined in the agenda abstract. The developer, Mr. Batouli is in agreement with all of the provisions and resolutions of the issues that were brought forward. Craig Benedict made this presentation. The project is in Cedar Grove Township on the south side of Little River Church Road. There are 31 acres subdivided into three lots of just aver 10 acres each through the exempt process. There are 26 single-family residential lots proposed an the conservation cluster. The proposed open space is 20.44 acres or 37.4°~ of the site. He explained the five issues and the resolutions to the issues. Chair Jacobs thanked the developer for responding to the concern from the Commissioners. He asked that something be in the Homeowner's Association Agreement to specify that if residents do seek to remove beavers that they do it in conjunction with the Animal Protection Society. Chair Jacobs asked staff to have something at the February public hearing about trying to provide central solid waste collection sites in subdivisions above a certain number of lots. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the preliminary plan for Birdsong subdivision in accordance with the resolution, which is incorporated herein by reference. VOTE: UNANIMOUS g_ Fox Hill Farm Central Preliminary Plan The Board considered a preliminary plan far the proposed Fox Hill Farm Central subdivision. Craig Benedict noted that this item was postponed from the November 19th agenda for additional information. He explained the six issues the Board had with this subdivision, which are outlined in the agenda abstract. The applicant is in complete agreement with four of the six issues and in partial agreement with the other two. Regarding the issue of a right-turn taper on Baldwin Road at the southern entrance, staff is suggesting that a letter be written to DOT representative Mike Mills asking if a shorter taper and a larger radius would be acceptable. The developer was in agreement with this. Commissioner Brown made reference to the possibility of having a site designated for a recycling center and asked haw it could happen. Craig Benedict showed on a map the site that is a probable location for the recycling center. Commissioner Brown is concerned about the lots closest to the site and how it would affect the owners. She would want the owners to be aware of the potential site and not be upset when the recycling center is put there. John McAdams, developer of the project, said that their concern about the recycling center is how it would operate and what it would mean to the development. They do not know what a recycling center would generate as far as noise, traffic, etc. There is so much that is not known about the recycling center and there are many concerns. Regarding the turn lane issue, they agree with the proposal by the County that DOT be approached for approval of a larger turn radius and a 50-foot taper. They are uncertain about their requirement if DOT says na. They think it is a bad idea to build a 300-foot long turn lane to accommodate seven right turns in the peak hour. Craig Benedict said that if DOT does not approve the abridged turn lane, then there would be no turn lane required. Discussion ensued about the possible recycling center. John Link said that the message to the homeowner's association would be one of economics because at some point in the future, Orange County will no longer provide curbside recycling for free. The residents will either choose to continue curbside recycling for a fee or put in a recycling center. Chair Jacobs asked if the five-acre lots could be further subdivided. Craig Benedict said that there are no restrictions on those lots for any further subdivision. Commissioner Brawn expressed a concern about the right turn lane and said that she needs the assurance that this will happen. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to defer this item until there is a response from DOT about the right turn taper. Commissioner Gordon asked for some clarification an the subdivision regulations that can require a right turn taper in this case. Craig Benedict said that the volume of traffic for this road at the peak hour did not meet the threshold for a taper. The staff can ensure with the developer that aright-of- way is dedicated in this area in case the volume of traffic ever increases. Commissioner Halkiotis said that the taper was a reasonable request because this area is going to grow and the traffic volume will also increase. John McAdams asked for a conditional approval that, if DOT agrees to this, the development stands approved. If DOT does not approve this abbreviated turn lane, then the development comes back to the Board for further deliberation. Commissioner Carey made a substitute motion that if DOT approves the abbreviated turn lane that the development stands approved. If DOT does not approve the abbreviated turn lane, then this item will come back to the Board. Commissioner Gordan seconded the motion. VOTE ON THE SUBSTITUTE MOTION: UNAMINOUS (This now makes the substitute motion the main motion) VOTE ON THE MAIN MOTION: UNANIMOUS h. Appointment to Hillsborough Board of Adjustment The Board considered an appointment to the Hillsborough Board of Adjustment. A motion was made by Chair Jacobs, seconded by Commissioner Gordan to appoint William Crowther to a term ending October 1, 2004. VOTE: UNANIMOUS 10. REPORTS a. Southeast High-Speed Rail Tier I Draft Environmental Impact Statement The Board received a report on the Southeast High-Speed Rail project and potential impacts on Orange County. Craig Benedict made this presentation. This has been amulti-state effort to put ahigh-speed rail from Washington, DC to Charlotte, NC. The Tier I draft EIS considers nine alternative routes far a high-speed train that would run between those two points four times per day. Six of the routes go though Orange County. Commissioner Brown made reference to option "A"and asked about the location of the business space. Craig Benedict said that these are preliminary numbers and hypothetical situations. He said that what they plan to do is to use the same corridor for high speed lines, freight lines and when possible within the area designated far existing rail lines. Federal monies fund this. Commissioner Gordon asked why Craig Benedict said that whether or not the line goes through here that the regular rail lines will need to be upgraded. Craig Benedict said that, based an discussions at the public hearings, there is a need to revamp the existing rail lines for the normal volume in freight and passengers. Commissioner Gordon said that she understands that this high-speed train would not stop in Orange County and Craig Benedict confirmed that statement. Craig Benedict said that the stops would be in Raleigh and Greensboro. Someone could take a different train to these stops and then continue on the high-speed train. Commissioner Gordon said that it is not clear to her how Triangle Transit Authority (TTA) and the high-speed rail would coexist an the same corridor. She feels we need to become more active and give opinions for the greater good. She said that we need to try and get the best passible route through Orange County. Chair Jacobs said that he met with this group and the trains will not be going as fast as anticipated so the curves will not have to be changed. More than likely they would keep the rail in our existing right-of-way. He suggested a companion map because significant public facilities such as Cedar Ridge High School, Grady Brown Elementary School and the Hillsborough Water Treatment plant are in the three-mile radius. The Board agreed to extend the meeting for an additional ten minutes. b. Emergency Assistance Programs The Board received a draft report an the increasing emergency needs of low-income families. Management Analyst Sharron Hinton summarized the report in the agenda. The staff has been working with the utility companies to see what kind of help is available. The Board approved an appropriation of $30,000 at the meeting on December 3rd, and $3,000 of this will be used for utilities for those in need. Commissioner Brown would also like to make sure that the gas companies are involved. Commissioner Carey asked about the relevant annual period. Social Services Director Nancy Coston said that it was 12 months from the date of the application. Chair Jacobs suggested having the information on the utilities on a chart sa that at a glance the information would be available on the different services and charges. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to go into Closed Session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a}{5) VOTE: UNANIMOUS RECONVENED SESSION The County Commissioners reconvened from Closed Session. They considered for approval a contract to purchase 151.66 acres from David Blackwood (Trustee}, Mary Blackwood and Nannie Blackwood, and a capital project ordinance for funding of the purchase. Commissioner Gordon asked about the funding source, which includes $1.1 from the School/Park Reserve and also asked about the possibility of using instead same of the 2001 bond funds approved last month. The Board decided that they would approve the funding sources as presented but would further discuss this in January, with particular attention to using more bond funding. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the contract to purchase this property as presented, to authorize the County Attorney and staff to negotiate any paints in the contract other than the purchase price, as necessary and to approve the Capital Project Ordinance as presented with a closing to occur on or prior to December 31, 2001. VOTE: UNANIMOUS 14. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adjourn the meeting at 11:15 p.m. The next regular meeting will be held on January 16, 2002 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC