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HomeMy WebLinkAboutMinutes - 20020627 APPROVED 10/15/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 27, 2002 The Orange County Board of Commissioners met in regular session on June 27, 2002 at 7:30 p.m. in the Southern Human Services Center Boardroom in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis. COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly 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 a resolution related to the Eno River Capacity Use Agreement. They substituted information for items 8-1 and 8-r and deleted item 8-s from the agenda. The Board also added as item 10-a1 a report on the Waterstone project. PUBLIC CHARGE Chair Barry Jacobs dispensed with the reading of the public charge. 2. CITIZEN &AUDIENCE COMMENTS a. Matters not on the Printed Agenda Will Atherton, a homeowner in Churton Grove, gave a presentation about out of town water users who are on the Hillsborough water system. He made reference to a chart, which shows the standard activities in a household. The Hillsborough Town requires a $72.80 minimum bill for users outside the town city limits. The worst case in town is better than the best case out of town. The point is that this does not account for any other activities such as cleaning in the house or outdoor activities. He verified the chart with the Orange County Environmental Health department. They said that the State allocates about 60 gallons per person per day. The yearly cost of a water bill in Hillsborough is 1.7% of that of a mortgage payment. The main purpose of this presentation is to point out that the effects of double water rates in Hillsborough are considerable. He said that the Orange County Board of Commissioners and the Town of Hillsborough do not have the same outlook on affordable housing. He asked the Board not to consider the Town of Hillsborough's request to expedite the phased development of Churton Grove, because they are not concerned with affordable housing and addressing this issue. Commissioner Brown asked the staff to review this and report back. Chair Jacobs agreed to have the County staff reviews this along with other utility rates in the area and said that the County Commissioners could help facilitate a conversation with Hillsborough. Tyrone Trice said that about a month ago he was at a County Commissioners' meeting and he asked the Board to approve an extension of the Efland sewer line so that he could install his septic system. At that time, he had just gotten over a lawsuit with some neighbors, which had taken all of his funds in pursuing attorneys to deal with this lawsuit. He has made several attempts to comply with all the rules and regulations of the Board and the Health Department to have his septic system installed. He received a letter from the Board of Health that says that he has not done anything in order to have his septic system installed. He said that this was not true and that he has made several adjustments in order to have his septic system installed. He has had his property cleared, his existing septic system has been cleaned out, and he has had his well tested and it is clear. He showed the Board the paperwork and the receipts. He said that prior to the lawsuit a neighbor came across his property with a trailer. He called the Sheriff, who came to the property and was talking to the neighbor about the septic system. They did not mention anything about the trailer being in his front yard. He said that he does have concerns about Mr. Tom Konsler, the inspector. He said that he received a letter from him stating that if he did not install his septic system by July 5r"that his home would be condemned. That same day, Mr. Konsler called him and said that he would have to make him install his septic system. He took this as a threat. After this, he tried to approach Mr. Konsler's boss to ask him about this phone call. Mr. Konsler ran into his boss' office and attacked him verbally. The boss basically had to tell Mr. Konsler to be quiet because he was so aggressive. He said that he is working very hard to have his septic system installed. The cost of the system will be $8,500. Chair Jacobs noted that this is really a Board of Health matter. Commissioner Halkiotis asked if Mr. Trice has a septic system on his lot and Environmental Health Director Ron Holdway said that he does have one, which is substandard in size, encroaches onto a neighbor's property, and also is within 50 feet of his well. This has been going on since year 2000 with multiple notices. He said that he has known Tom Konsler for 18 years and he has never known him to raise his voice. He said that Tom did not storm into the office, but he asked him into the meeting himself since he had been working on the case. Commissioner Carey said that the County Commissioners usually do not take action on a problem, which is clearly within the purview of the Board of Health. He said that he encourages Mr. Trice to take whatever legal action necessary to get an extension if needed. He does not feel comfortable taking any action on this request because there are probably many more details that the Board of County Commissioners doesn't know about. Chair Jacobs said that this is not under the purview of the County Commissioners. It is under the Board of Health. It is not a matter within the Board's jurisdiction. He asked Mr. Trice to communicate with the Board of Health and try to work things out with County staff. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) Chair Jacobs recognized Donna Baker, the newly appointed Clerk to the Board. He encouraged the citizens of Orange County to get to know her. 3. BOARD COMMENTS Commissioner Halkiotis wished Beverly Blythe a wonderful retirement, full of good health and lots of opportunities with her husband, children, and grandchildren to enjoy life to its fullest. He thanked Beverly for all she had done for the Board and for the citizens of Orange County. Commissioner Carey made some comments about the Orange County Visitors Bureau. He asked Joe Blake, Director of the Visitors Bureau, to expand on the award he received "Supplier of the Year" and the other awards received by the Bureau. Joe Blake said that the Visitors Bureau also received the Bureau of the Year award that was given out by the North Carolina Association of Convention and Visitor Bureaus. They were given the award in the category of organizations with budgets from $.5 million to $1.1 million. The judges pointed out the electronic efforts with the website. Commissioner Brown asked what the relationship is between the Visitors Bureau and the Chapel Hill Chamber of Commerce. Joe Blake explained that once the Visitors Center is operating at 501 W. Franklin Street that the Chamber will relinquish their services to the Bureau. Commissioner Gordon reported that the Transportation Advisory Committee for the Durham-Chapel Hill- Carrboro Metropolitan area received the 2000-2025 transportation plan update. They were quite disappointed that the consultant did not finish the report. The consultant is going to come back. This does crunch the time to complete the analysis. Commissioner Gordon said that the draft 2004-2010 TIP for this area has been released. When it was released a lot of the projects that were delayed or changed were in Orange County. The Transportation Advisory Board has asked for an explanation from the Department of Transportation. They delayed the Elizabeth Brady extension from 2008 to 2009 and Estes Drive has also been delayed. She distributed a summary from Transportation Planner Karen Lincoln. Commissioner Gordon said that the Triangle Transit Authority (TTA) hired a new General Manager, Mr. John Claflin. He comes from Denver and has past experience with buses and regional rail. Chair Jacobs said that he served as a judge for the 2501h anniversary logo contest. Economic Development Director Dianne Reid distributed the new logo. She summarized the rules for the contest. The winner of the logo contest was Dale Chodorow, publications coordinator for the Orange County Visitors Bureau. No entries were received from students. Chair Jacobs said that at the end of the meeting he is going to ask the Board if it wants to continue the meeting to July 81h at 7:30 a.m. for a breakfast meeting with our legislative delegation and both school boards at New Hope Elementary School. Chair Jacobs distributed information on a drought information exchange for the Cape Fear River Basin. He also distributed a memorandum regarding the hazardous waste on the Horace William Tract. He suggested that we refer this to the staff and consider having this on our first agenda on August 20, 2002. Basically, it is trying to hold the University to its commitment as a public institution to protect the public health, safety, and welfare by addressing a serious contamination problem that sits amidst Chapel Hill. Chair Jacobs said that it was nice to see that the legislature did in fact extend the fee for tires so that they will continue to be recycled. He also appreciates the letter we received from Representative Insko in response to the Board's concerns about the cuts made to the Smart Start program. 4. COUNTY MANAGER'S REPORT John Link expressed appreciation to retiring Clerk Beverly Blythe, welcomed Donna Baker, and welcomed Gwen Harvey, Assistant County Manager. He said that EMS Director Nick Waters would talk briefly about basic wildfire prevention measures and County Engineer Paul Thames would give an update on the Eno River and reservoir levels. EMS Director Nick Waters talked about fireworks and how they handle issuing a permit for the fireworks. Regarding wildfires in the County, they have had 19 fires this spring, which is a small number for this time of year. None were more than one acre with most being less than % acre. EMS cooperates with the fire service agencies and uses their fire readiness plan. There are environmental and weather factors that determine the fire spread predictor. The fire-spread predictor determines the readiness level of the plan. Anything which is#4 or greater is answered by several fire departments. The fire departments have had training in handling these kinds of fires. The Forest Service would be used for larger fires. Some areas of Orange County, in a major fire, could not be protected. Where houses are built in the middle of the woods, they are harder to protect. He distributed some photographs of a fire that happened in 1985 in Burke County. Three thousand acres were burned and 50 homes were destroyed. Commissioner Halkiotis made reference to a fireworks display he witnessed several years ago and commended the staff for taking the protection measures that were necessary. County Engineer Paul Thames reported that 40% of the storage capacity of Lake Orange has been exhausted. Unless we get a significant amount of rainfall tonight or tomorrow we will go into Stage III of the Water Ordinance. We will not be facing the level IV water restrictions in accordance with the County's Water Ordinance until we reach 70 inches below full which is only two or three weeks from now. Level IV restrictions include the restriction of water for ornamental fountains and pools, cuts down to one day for watering vegetable gardens and does not allow watering of lawns and asks the restaurants to use paper plates and plastic ware. In answer to a question from Commissioner Brown, Paul Thames said that Orange County's Ordinance applies only in the unincorporated parts of Orange County. Hillsborough's Ordinance does not match up with Orange County's ordinance and applies to those citizens who live within the city limits of Hillsborough. Hillsborough's Ordinance has an additional stage of voluntary restrictions which are not in the County's Ordinance. Commissioner Brown suggested coordinating with Hillsborough so that the restrictions are the same for each stage. She said that this clearly shows that there is a limited amount of water in some areas. Chair Jacobs agreed with working with Hillsborough to clarify the different water stages. 5. RESOLUTIONS/PROCLAMATIONS a. Adoption of FY 2002-2003 Budget Ordinance. Grant and Capital Project Ordinances. Classification and Pay Plan, and Personnel Ordinance Changes The Board considered adoption of the FY 2002-2003 budget ordinance, grant and capital project ordinances, classification and pay plan and personnel ordinance changes, which document is herein incorporated by reference. Commissioner Gordon clarified that item 8-q does not reflect any changes in the budget documents. Motion 1 —A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt the 2002-03 Orange County Budget Ordinance to include a countywide tax rate of 83 cents and a Chapel Hill/Carrboro City Schools District Tax rate of 19.2 cents. VOTE: UNANIMOUS Motion 2—A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the 2002-03 Grant Projects as presented in the County Manager's Recommended Budget. VOTE: UNANIMOUS Motion 3—A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the 2002-03 School and County Capital Project Ordinances. VOTE: UNANIMOUS Motion 4—A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to enact, beginning July 1, 2002, a six-month hiring freeze on non-critical positions and to adopt the "Six Month Hiring Freeze Policy." VOTE: UNANIMOUS Motion 5—A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to suspend the following Personnel Ordinance provisions effective July 1, 2002 for employees with Work Planning and Performance Review (WPPR) Dates of July 1, 2002 and after: - In-Range Salary Increases (Article V, Section 7.0, "In-Range Salary Increase") - Meritorious Service Awards (Article V, Section 8.0, "Meritorious Service Awards") VOTE: UNANIMOUS Motion 6—A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the County Fee Schedule as presented. VOTE: UNANIMOUS b. Resolution Reaardina Article 44 One-half Cent Local Government Sales and Use Tax The Board considered a draft resolution regarding the third one-half cent local government sales and use tax authorized by Section 34.14(a) of Session Law 2001-424 and codified as Article 44 of the North Carolina General Statutes. John Link said that during this last year and for the coming year, the County is losing four million dollars that the General Assembly has sequestered or retained in Raleigh. There was a public hearing on June 201" on the option of implementing the third one-half cent sales and use tax. The tax will be effective July 1, 2003. Rod Visser said that there is a provision in the resolution that the date could be moved up, should the legislature consider moving up the effective date. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below: The County of Orange The State of North Carolina RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN ORANGE COUNTY WHEREAS, The General Assembly has authorized the Orange County Board of Commissioners to levy a one-half percent(1/2%)local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a)of Session Law 2001-424, and, WHEREAS, The Orange County Board of Commissioners held the public hearing on the issue of adopting this resolution on June 20, 2002, as required by N.C.G.S. 105-517(b)and proper public notice of the Board's intent to consider this resolution was provided as required by N.C.G.S. 105-517(b),and, WHEREAS, The General Assembly levied a one half percent(1/2%)state sales tax effective October 16, 2001 by enacting Section 34.14(a) of Session Law 2001-424, and this tax expires July 1, 2003, and, WHEREAS, Orange County anticipates losing approximately$3.1 million in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1)to repeal sales taxes imposed on purchases made with Food Stamps,(2)to repeal property taxes imposed on inventories held by manufacturers,retailers and wholesalers, (3)to repeal taxes on intangible personal property, and, (4)to reduce taxes levied on residential property owned by low-income elderly taxpayers, and, WHEREAS, The Orange County Board of Commissioners hereby finds that,particularly in light of the circumstances cited herein,the levy of The Third One-Half Cent(1/2¢)Local Government Sales and Use Tax is necessary to adequately finance the operations of the county and the cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners: (1) There is hereby imposed and levied within Orange County The Third one-half cent(1/2¢)Local Government Sales and Use Tax authorized by Section 34.14(a)of Session Law 2001-424 and codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said Session Law 2001-424. (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of July 2003, or sooner, if allowed by law. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue on a monthly basis to Orange County as prescribed by N.C.G.S. 105-520. The amount distributed to Orange County shall be divided among the county and the municipalities herein in accordance with the method by which the one percent(1%)sales and use taxes levied in Orange County pursuant to Article 39 of General Statutes Chapter 105 are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Commissioner Gordon noted that the last action raised the tax rate 2.5 cents. Almost two cents of that was to pay debt service for bonds already approved by the voters. This action would help to make up for some of the reimbursement money taken by the State and would hold the County harmless. VOTE: UNANIMOUS C. Resolution of Intent to Perform Hillsborough Commercial Waste Collection Services The Board considered a resolution of intent to provide commercial solid waste collection services for the Town of Hillsborough, subject to the award of a collection franchise. Rod Visser said that for the past nine to twelve months, the staff has been considering the submission of a proposal to the Town of Hillsborough under which the County would collect commercial solid waste within the Town of Hillsborough. It stems from a decision by the Hillsborough Board of Commissioners last year to discontinue providing this service to commercial enterprises within Hillsborough's jurisdiction as of July 2002. The County's Solid Waste Department has submitted a proposal to pursue this service. There are a number of other entities also submitting proposals. The staff's estimate is that the cost of providing this service would be about $225,000. Solid Waste Director Gayle Wilson said that the actual revenue would exceed expenditures by$35,000 or more. Hillsborough is scheduled to consider this at their July 8r" meeting. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign a resolution of intent to provide commercial solid waste collection services for the Town of Hillsborough, subject to the award of a collection franchise, as stated below: RESOLUTION OF INTENT TO PERFORM TOWN OF HILLSBOROUGH COMMERCIAL WASTE COLLECTIONS WHEREAS, the Town of Hillsborough has decided to discontinue providing commercial solid waste collection services within its jurisdiction as of July 2002, and WHEREAS, the Town of Hillsborough has solicited proposals from entities capable of providing this service to the commercial sector instead of the Town under terms of a franchise agreement with the Town, and WHEREAS, the Orange County Solid Waste Department has submitted a proposal under the terms of which it would provide such service to commercial establishments within the Town of Hillsborough; and WHEREAS, Orange County staff has estimated that provision of this service could provide net annual additions to Solid Waste Enterprise Fund revenue of approximately $30,000, and WHEREAS, such additional net revenue could help underwrite the cost of various successful County recycling programs, and WHEREAS, by providing these services on behalf of the Town, the Solid Waste Management Department would ensure that the waste in question would continue to flow to the Orange County Landfill, a factor that is critical to the financial viability of the County's Solid Waste Enterprise Fund, NOW, THEREFORE BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby signal its intent to authorize the Solid Waste Management Department to carry out this service if the County's proposal is selected by the Hillsborough Board of Commissioners, and to approve a budget amendment and an agreement with the Town at the August 20, 2002 Orange County Commissioners meeting that would provide for the necessary personnel, equipment, and operating expenses (with appropriate offsetting revenue) to implement this service. VOTE: UNANIMOUS ADDED ITEM d. Resolution for Capacity Use of the Eno River Environment and Resource Conservation Director David Stancil made reference to a newspaper article today, which indicated that the Town of Hillsborough would be sending a letter to the Division of Water Quality asking for a requirement of a lesser amount of water to be released from their reservoir that keeps the aquatic life alive in the Eno River. The resolution would ask the Division of Water Resources to use sound scientific and environmental justification and methodology and provide for public input in considering any requests to alter or suspend the Capacity Use Agreement. The resolution would also authorize the Chair and Vice-Chair to represent and act on behalf of the Board in any meetings or actions that may be required between now and when the Board reconvenes in August. Chair Jacobs said that since the Board of County Commissioners will not meet until August 20, this would authorize the Chair and Vice-Chair to act if necessary. Commissioner Halkiotis asked for a summary of why this capacity use agreement was initiated years ago. He would like background information on this agreement, including the reasons for this agreement. Chair Jacobs gave some background information on how the County initiated this agreement to save the aquatic life in the Eno River. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION AUTHORIZING THE CHAIR AND VICE-CHAIR TO ACT ON BEHALF OF THE BOARD ON MATTERS REGARDING THE ENO RIVER CAPACITY AGREEMENT WHEREAS, the Orange County Board of Commissioners is committed to the environment and the sensitive ecological systems of the Upper Eno watershed, and WHEREAS, the Board has taken action in the past to protect the Upper Eno watershed and the Eno River by implementing watershed protection standards, and through the acquisition of lands at Seven-Mile Creek and the McGowan Creek Preserve, and WHEREAS, the Board of Commissioners, in conjunction with the Town of Hillsborough, worked with the State of North Carolina Division of Water Resources to institute a Capacity Use Agreement to regulate stream flow in the Eno River in 1989, and WHEREAS, other options may exist to conserve water capacity in the Town's West Fork reservoir and maintain in-stream flow, including the purchase of water from other providers and/or increased or mandatory conservation measures, and WHEREAS, the Board of Commissioners understands and appreciates the severity of the drought conditions in the area, and stands ready to assist the Town of Hillsborough and other water providers in meeting water demand in an environmentally-sound fashion: NOW, THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners seeks assurance from the N.C. Division of Water Resources that the agency will respond to any petition for alteration, change or suspension of the Eno River Capacity Use Agreement using sound scientific and environmental justification and methodology, and provide for public input. BE IT FURTHER RESOLVED that the Board authorizes the Chair and Vice-Chair to represent and act on behalf of the Board in meetings or actions that may be required pursuant to the County's interest in the Eno River Capacity Use Agreement. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Recognition of Central Carolina Bank's Contribution to Orange County 250 The Board recognized the significant contribution of Central Carolina Bank toward the upcoming 2501h anniversary of the founding of Orange County. John Link said that Senior Vice Presidents Jim Carter and Ted Laws from CCB are taking the lead in the County with corporate citizen participation in the 2501h anniversary celebration by providing $10,000 over the next two-year period. Jim Carter said that they are pleased and honored to help out. He said that this is a very important celebration and an opportunity to review the historic features of Orange County. They are honored and feel a stronger sense of community by making this contribution. 7. PUBLIC HEARINGS- None 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Minutes None b. Appointments 1)Arts Commission —Two Reappointments The Board reappointed Gordon Jameson and David O'Dell to the Arts Commission for first regular terms ending March 31, 2005. 2) Nursing Home Community Advisory Committee—Six Reappointments The Board reappointed Mario C. Battigelli, Bettie L. Flash, Yvonne D. Eaves, Betty G. Melanson, Vicki Tilley, and Jack Vogt to the Nursing Home Community Advisory Committee for terms ending June 30, 2005. 3) Orange County Board of Adjustment—One Reappointment The Board reappointed Dan Ferguson to the Orange County Board of Adjustment for a term ending June 30, 2005. C. Motor Vehicle Property Tax Refunds The Board approved 33 requests for motor vehicle property tax refunds in accordance with the resolution, which is incorporated herein by reference. d. Housing Rehabilitation Contract Award The Board awarded and authorized the Chair to sign a housing rehabilitation contract to Taylor Home Improvements, in the amount of$14,220, for renovation work at 6803 High Rock Road in Mebane. e. Continuation Agreement with Town of Chapel Hill for Senior Recreation Services The Board approved and authorized the Chair to sign a continuation agreement with the Town of Chapel Hill in the amount of$46,697 to be paid to the County to provide the New Generations senior recreation program for the town's Parks and Recreation Department. f. Contract Renewal with Animal Protection Society for Animal Shelter Services The Board renewed and authorized the Chair to sign a contract with the Animal Protection Society in the amount of$428,818, to provide animal shelter services. Contracts for Adolescent Parenting Services The Board approved and authorized the Chair to sign a contract with the school systems in the amount of$46,719 for the Chapel Hill-Carrboro School System and $39,865 for the Orange County School System in federal Work First Block Grant funds, to provide specialized services to pregnant and parenting students. h. Contract with Employment Security Commission The Board approved and authorized the Chair to sign a continued contract with the Employment Security Commission in the amount of$27,627 in Work First Block Grant funds to provide services to Work First clients and other participants at the Skills Development/JobLink Center. I. Contract for Faith Community Coordinator The Board approved and authorized the Chair to sign a continuing contract with Morgan and Associates in the amount of$25,000 to develop a partnership with various faith communities to focus on improved job retention for Work First Participants. L Legal Services Contract— Department of Social Services The Board approved and authorized the Chair to sign a contract for fiscal year 2002-2003 with Northen Blue, LLP, in the estimated amount of$95,000, half of which would be paid with federal and state funds, for legal representation for the Department of Social Services. k. County Work First Designation The Board approved the Standard program designation status for Work First for the County. I. RFP Award: Surveying at Landfill The Board awarded an RFP to Freehold Land Surveys, in the estimated amount of less than $10,000 per year, to provide surveying services at the Orange County landfill and other remote locations. M. Bid Award: Scheduled Roof Replacements The Board awarded a bid to Owens Roofing, Inc., in the amount of$141,398, for scheduled roof replacements at Orange County buildings. n. Bid Award: Construction of Recycling Facilities at Landfill This item was removed and placed at the end of the consent agenda for separate consideration. o. Authorization to Submit Grant to USDA Farmland Protection Program The Board authorized submitting grant applications to the USDA/NRCS Farmland Protection Program in an amount not to exceed $1,025,000, to be matched by County funds for the acquisition of farmland conservation easements. Q Resolution to Amend the Ordinance Regulating Recyclable Materials—Second Reading The Board approved on second reading a resolution amending the Regulated Recyclable Materials Ordinance approved by the Board in December 2001. g Budget Amendment#9 This item was removed and placed at the end of the consent agenda for separate consideration. r. Authorization for Manager to Lease Property at 501 W. Franklin Street The Board authorized the County Manager to lease property at 501 W. Franklin St., Chapel Hill, during July and August, 2002. S. Bid Award: Whitted Parking Lot Paving Project The Board was to consider awarding a bid to Patriot Builders, in the amount of$60,500 to pave two parking lots at the Whitted Human Services Center. This item was deleted from the agenda. t. Orange County Hazard Mitigation Plan The Board adopted the Orange County Hazard Mitigation Plan. U. Orange County Soil Erosion and Sedimentation Ordinance The Board adopted a soil erosion and sedimentation ordinance to provide consistency among water quality protected watershed overlay districts that serve as a drinking water supply for Orange County, to match existing regulations within the University Lake watershed, and to protect public water supplies and provide improved water quality protection. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA n. Bid Award: Construction of Recycling Facilities at Landfill The Board considered awarding a bid to Van Thomas Contractor, Inc., in the amount of$475,000 for the construction of recycling facilities at the Orange County landfill. Chair Jacobs said that there was a bid from a builder in Orange County that was very close to the lowest bid. He said that it would seem that there is no capacity within the law to address the fact that this would assure jobs and increase sales tax revenues by keeping the work in Orange County. Pam Jones said the law allows you to award to the lowest responsible builder and allows you to look at quality, time of performance, etc. The law does not allow you to look at local preference. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to award a bid to Van Thomas Contractor, Inc., in the amount of$475,000 for the construction of recycling facilities at the Orange County landfill. VOTE: UNANIMOUS g Budget Amendment#9 The Board considered budget and capital project ordinance amendments for fiscal year 2001-2002. Commissioner Gordon asked about miscellaneous function, Attachment 1, column 8. She does not understand the purpose or the scope of this. Donna Dean said that these funds are allocated in the miscellaneous function at the beginning of the fiscal year. Throughout the year, the departments will get meritorious or performance awards. Until the end of the year, it stays in the miscellaneous function. This allocates it out to the individual departments based on the awards given throughout the year. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adopt the budget ordinance amendment and capital project ordinance. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Acceptance of Award from U.S. Department of Justice The Board considered accepting an award in the amount of$114,058 from the U.S. Department of Justice State Criminal Alien Assistance Program. Sheriff Lindy Pendergrass said that they initiated a contract with the Bureau of Justice two years ago and they renewed it again last year. They will be coming back again at the end of July asking the Board to renew another contract. This past year they received the 2001 funds and the 2002 funds. Commissioner Halkiotis thanked the Sheriff for bringing this program to the County, which generates money that helps the County's general fund. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to accept an award in the amount of$114,058 from the U. S. Department of Justice State Criminal Alien Assistance Program. VOTE: UNANIMOUS b. Durham Technical Community College Satellite Campus in Orange County-Site Selection Process The Board considered a site selection process for a Durham Technical Community College satellite campus in Orange County. John Link said that this item is in response to the County Commissioners' request to review the process for the Site Selection Committee for a Durham Technical Community College satellite campus in Orange County. He said that this process includes the County Commissioners and the Durham Technical Community College Board of Trustees serving as the Site Selection Committee. This Committee will include others as needed. Purchasing and Central Services Director Pam Jones outlined the schedule as listed in the abstract as well as the criteria. After they identify the sites, the staff will provide the criteria and then provide the information back to the Board of County Commissioners and the DTCC Board of Trustees. The focus groups would then bring in other selected expertise as necessary. A second public hearing would be conducted on the sites to get public input before the final site is selected. The number of meetings would depend on the number of sites reviewed. Dr. Phail Wynn, President of DTCC said that he endorses this proposal. Commissioner Brown agrees with the process. It is going to be an excellent process working with the staff and Board of DTCC. She suggested adding to the criteria "potential of redevelopment of existing facilities". Commissioner Halkiotis noted that Chair Jacobs and he attended a Hillsborough Town Board meeting and participated in a discussion with a group of developers who were saying that 10 acres would be the acreage necessary for a community college. He pointed out to the developers that 10 acres was not enough acreage for a college campus, but 20 acres would be necessary. Commissioner Gordon agrees with adding the criteria as suggested by Commissioner Brown. Commissioner Carey asked about the weighting of the established criteria. Pam Jones said that this could be decided by the Site Selection Committee. Chair Jacobs said that his only reservation is that he sees the 20 acres as approximate and not a minimum. He feels that they can be flexible with this amount. The Board decided to change the document to read "approximately 20 acres". Dr. Phail Wynn suggested using "adaptive reuse of property" for the added criterion. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to endorse the selection process and direct the staff to schedule a public hearing/public meeting by mid-September 2002 to solicit public input regarding potential sites, with the two changes as stated above. VOTE: UNANIMOUS C. Needs Assessment Advisory Committee for the Durham Technical Community College Satellite Campus in Orange County The Board received information regarding the proposed process for conducting a needs assessment associated with the satellite campus of Durham Technical Community College in Orange County, and to consider appointments to the group. Pam Jones said that this is a joint committee. The Clerk to the Board of County Commissioners would advertise for representatives#8 through #13. Dr. Phail Wynn said that this needs to take place concurrent with the Site Selection Committee work. This needs assessment will determine the type of programming that will be offered by the community college. This is a large committee but it is important to include a broad representation from all areas of Orange County. The representatives would be surveyed and would also be asked for recommendations on other segments of the population to be surveyed. Commissioner Gordon thanked both Dr. Phail Wynn and Vice President Barbara Baker for all their help in putting this committee together. Chair Jacobs suggested that either representative#9 or#10 represent the Economic Development Commission. The Board agreed with this. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to: - appoint the Chair of the Aging Advisory Board and the Chair of the Social Services Board to the Advisory Committee for Programming Needs Assessment, with their respective vice-chairs serving as alternates, and - direct the Clerk to advertise for the members indicated in categories eight, nine, and ten, citing specifically the duties of the Advisory Committee for Programming Needs Assessment as indicated, and providing each potential appointee with a copy of the original task force report, and bringing forward for Board consideration on August 20, 2002 the applications received. - appoint two County Commissioners who will serve on the Advisory Committee for Programming Needs Assessment VOTE: UNANIMOUS d. Tuscany Ridge Subdivision —Preliminary Plan The Board considered a preliminary plan for the proposed Tuscany Ridge subdivision. Planner Robert Davis said that this property is located north of Arthur Minnis Road. The majority of the subdivision is in Chapel Hill Township. It is located entirely within the rural buffer, which has a minimum lot size of two acres. There are large undeveloped tracts to the east and to the west. The developer's proposal provides for some interconnectivity with the undeveloped tracts. If the undeveloped area is developed they will be able to use the trails within the subdivision. The property is not within a designated State watershed. The lot pattern in this general area is five acres and above. There is a condition that should this road still be unpaved at the time of the final plat, the developer would be required to bring the road up to State paved standards. The DOT is scheduled to pave the road within the next two months. Because this is in the rural buffer, the ordinance does not have an open space requirement. There would be six acres of common open space owned by the homeowners association. The developer would also pull the roadside buffers out and place an easement over them. The homeowners association would also maintain all of the roadside buffers and the trail system. Individual wells and septic systems would service the subdivision. All of the lots have been perked for a 600-gallon capacity with the exception of lot #10. Lot#10 is for three bedrooms at this time. The subdivision is in the Chapel Hill District Park recreation area. There are no designated areas that the County would be interested in as far as dedication, so a payment-in-lieu would be appropriate. Regarding the fiscal impact analysis, none of the lots would be an economic drain on the County or the school system. The administration recommends approval of this subdivision. The Planning Board also recommends approval with two additional conditions: 1) To place two signs at the end of each road to let the neighbors know that the road is subject to future extension, and 2) To require a lighting plan to be submitted at the final plat application for staff review for determining the intensity of the lights. After a brief discussion, this second condition was reworded to require this prior to the installation of any lights. Commissioner Halkiotis asked about the homes in the subdivision which would pay for services which will be necessary and if this was because the homes are scheduled to sell for$500,000 and Robert Davis said yes. Chair Jacobs asked about the 13.83-acre lot and if this was landlocked. Robert Davis said that this is a piece that was taken out of the original tract that was for sale. The present developer owns this and at one time he indicated that was where he wanted to live. He still owns this property. It does have access to Tuscany Drive. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve the resolution of approval for the Preliminary Plan for Tuscany Ridge Subdivision, which is incorporated herein by reference. VOTE: UNANIMOUS Chair Jacobs pointed out that the way in which this two acre minimum works is not conducive to promoting open space design. Commissioner Brown asked the developer why he did not wish to do an open space development and make it more in character with the rural area. The developer said that this is his first project. He said that they tried to put together an amenity package with a mile-long trail with open space located centrally and in the most valuable area in the subdivision instead of taking a larger amount of space that might be less desirable. He said that he was not very familiar with the proposal standards, but there have been discussions of submitting multiple plans with various ideas. He said that they spent a lot of design time trying to come up with something that would be balanced and would allow them to do the trail system. e. Legal Advertisement for August 26, 2002 Quarterly Public Hearing The Board considered authorizing the submission of the Quarterly Public Hearing legal advertisement for the August 26, 2002 public hearing. Planning Director Craig Benedict summarized the information in the agenda. He said that there will be two items—one dealing with the telecommunications ordinance and the other one dealing with some of the changes in the Carrboro land use ordinance which have been approved by the Carrboro Board of Aldermen that may be subject to the joint planning agreement. The full text of these items will be available on August 1 sr. Commissioner Gordon asked if the public hearing on the amendments was a Joint Planning Area public hearing and Craig Benedict said that it would not be a joint meeting. However, Carrboro would be invited to attend. Commissioner Gordon made reference to the Carrboro Land Use Ordinance and suggested that some language be added to the advertisement to make it much more specific. She feels a little uncomfortable about this because it is so clearly joint planning. Geoffrey Gledhill said that Carrboro has already adopted the ordinance amendments and this is a public hearing to get comment after the fact to provide some kind of conversation with Carrboro about those amendments. Commissioner Gordon suggested having some sort of heading so that the Carrboro item could at least be noticed. She suggested mentioning in the advertisement that these are the amendments passed by Carrboro (and give the date) and the opportunity is being afforded by Orange County for citizens to comment. Geoffrey Gledhill said that perhaps Craig Benedict plans to present at this public hearing those proposed amendments that Carrboro did not adopt that were presented at Carrboro's public hearing. In any event, this is not part of the joint planning process. Chair Jacobs suggested that if it is limited to those items to which Carrboro has already adopted that it not be called "proposed"text amendments. And if it is going to include items that have not yet been acted on, we need to find out if Carrboro intends to submit those for the joint public hearing in October. Commissioner Brown asked about the telecommunications tower item and if the annual inspection would be part of the fee structure. Craig Benedict said that the fee structure for the application for a tower review in Orange County could both include the annual inspections and the cost to the County to hire an expert to review the application. Commissioner Brown said that there are many places in the County where cell phone service is not good, yet there are so many towers. She asked why we let them put up so many towers when the service is not good. Craig Benedict said that the Master Telecommunications Plan would identify some probable locations for network enhancement. Commissioner Brown made reference to the offer by the industry for a proposal to help emergency communications. Craig Benedict said that we are working with EMS, IT, etc., to discuss the needs of the County in case of an emergency. There is a consultant working with EMS and the Sheriff's office to find out what their long term needs may be and how the Master Telecommunications Plan could be the infrastructure for public service needs in the future. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to authorize the submission of the Quarterly Public Hearing legal advertisement for the August 26, 2002 public hearing with the changes as mentioned above. VOTE: UNANIMOUS Appointments f. Carrboro Board of Adjustment—One Appointment The Board considered one appointment to the extraterritorial jurisdiction seat on the Carrboro Board of Adjustment. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Dr. James R. Dingfelder as the ETJ representative for a term ending February 28, 2005. VOTE: UNANIMOUS g Carrboro Planning Board —One Appointment The Board considered one appointment to the extraterritorial jurisdiction seat on the Carrboro Planning Board. A motion was made by Commissioner Carey, seconded by Commissioner Brown to appoint Frank R. Hammill to the extraterritorial jurisdiction seat for a term ending February 28, 2004. VOTE: UNANIMOUS h. Alcoholic Beverage Control (ABC) Board —Two Appointments The Board considered two appointments to the Orange County ABC Board. Commissioner Halkiotis nominated Dr. Jill Ricky-Blackburn and Robert Bailey. Commissioner Carey suggested appointing one of these people and holding off on appointing a second one until we can get one or two more applications from a township other than Chapel Hill Township. Commissioner Halkiotis said that it was fine with him to hold off on Mr. Bailey. Commissioner Carey seconded the motion for Jill Ricky-Blackburn for a term ending June 30, 2005. VOTE: UNANIMOUS The Clerk will continue to advertise for this position. I. Board of Health —Three Reappointments The Board considered three reappointments to the Board of Health. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to reappoint Edith Kathryn Wilder, Sharon E. Van Horn, and Martha Jane Stucker for terms ending June 30, 2005. VOTE: UNANIMOUS L Board of Social Services—One Appointment The Board considered one appointment to the Board of Social Services. A motion was made by Commissioner Brown, seconded by Commissioner Carey to appoint Rosetta Wash for a term ending June 30, 2005. VOTE: UNANIMOUS k. Chapel Hill Township Park and Educational Campus Master Plan Work Group Appointments The Board considered 15 appointments to the Chapel Hill Township Park and Educational Campus Master Plan Work Group. Citizens at large Commissioner Brown nominated Wendy Bryan and Jeanette Moore. Commissioner Gordon nominated Robb English. Intergovernmental Parks Work Group members There are already four IP Work Group members serving on this work group as other representatives. The Board agreed to delete the appointments from the IP Work Group. Two County Commissioners Commissioner Brown and Commissioner Gordon will serve as co-chairs. Commission for the Environment Johnny Randall Recreation and Parks Advisory Council Member Patrick Sullivan Duke Forest Resource Manager Judson Edeburn Carrboro Northern Transition Area Committee Member Kathy Kaufman Orange County Planning Board member Renee Price as member and Jay Bryan as alternate Chapel Hill-Carrboro City School Parents Matthew Barton and Judy Margolis Orange County School Parent Liz Brown A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the appointments as stated above. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to appoint Kory Wilmot as a citizen at large, since the IP Work Group representatives were deleted. VOTE: UNANIMOUS I. Human Services Advisory Commission IHSACI—Four Appointments The Board considered four appointments to the Human Services Advisory Commission. A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint Saul Liss for a term ending March 31, 2005, Patty Maynard Hill for a term ending March 31, 2004, Cheryl Atwater for a term ending March 31, 2003, and Marla Fearrington for a term ending March 31, 2005. VOTE: UNANIMOUS M. Hyconeechee Regional Library Board —One Appointment The Board considered one appointment to the Hyconeechee Regional Library Board. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Isabel M. Jackson for a term ending March 31, 2005. VOTE: UNANIMOUS n. Hillsborough Planning Board —One Reappointment The Board considered one reappointment to the Hillsborough Planning Board. A motion was made by Commissioner Carey, seconded by Commissioner Brown to reappoint Cannie Bacon Lloyd for a term ending June 30, 2005. VOTE: UNANIMOUS o. Solid Waste Advisory Board—One Reappointment The Board considered one reappointment to the Solid Waste Advisory Board. A motion was made by Commissioner Gordon, seconded by Chair Jacobs to reappoint Remus Smith for a term ending June 30, 2005. VOTE: UNANIMOUS Q Orange County Planning Board —One Appointment The Board considered one at-large appointment to the Orange County Planning Board. Commissioner Gordon asked to hold off on this appointment to receive more diverse applications. The Board agreed with this. 10. REPORTS a1. Update on the Waterstone Development Craig Benedict said that this project is a 337-acre mixed-use project lying north of the 1-40 intersection and east of NC86. The multiple uses include multi-family, 600,000 square feet of retail, 300 single-family homes, and a hotel complex. This would be annexed into Hillsborough. It is part of the Economic Development District. The intent of this district was to have a mixed use project in this area. On Tuesday night, there was an informal presentation by the developer, soliciting some issues and concerns from the Town Commissioners, Planning Board members, and the Chair and Vice-Chair of the Board of County Commissioners. The Hillsborough Town Board has scheduled a public hearing for July 9r". He asked that the Board authorize him to submit the comments from that meeting at the July 91" public hearing. He would also be able to incorporate any comments or concerns that the County Commissioners may express tonight. Chair Jacobs said that he attended the Hillsborough Town Board meeting last Tuesday and noted that there is no proposal for a school site, no mention of recycling centers, no affordable housing component, no proposal for an environmental or archeological survey of the site, etc. Commissioner Halkiotis added that he and Chair Jacobs took the opportunity to highlight the fact that the Board had to do some significant budget trimming this year to keep our tax rate at a very modest rate. He said that they pointed out to Hillsborough that when development requests come in, they are more than likely going to impact Orange County (i.e., schools and services). The Board discussed the need for a school site on this development. Craig Benedict will represent Orange County at the public hearing and offer comments as the Board desires. Commissioner Brown suggested making a list of standards, which the County Commissioners feel need to be incorporated into any development in the EDD, which is considered by the Town of Hillsborough Commissioners. She does not understand why these developers keep coming back. They do not seem to understand why these things need to be incorporated into any plan for it to succeed. She feels that Hillsborough is in a position to decide what kind of development will be beneficial to the town and the developments which should not be approved. She said that this is not going to benefit the taxpayers of Hillsborough in any way, but it is going to be a drain on their resources and demand an enormous amount of infrastructure. Commissioner Halkiotis said that they thanked the Town Board for inviting them to the meeting. He did not see any enthusiasm on the part of the Town Board for this project. Commissioner Gordon mentioned that a school is an amenity, which is a big selling point for any development. Maybe this could be mentioned to the developers. She was assured that these issues would be brought up at the public hearing. Note: At this point in the agenda,the Board agreed to only consider the Update on Roy McAdoo's Request/Efland Sewer System Connection and just receive items `b' through `d' for information only. a. Update on Roy McAdoo Request/Efland Sewer System Connection The Board received information regarding a request by Roy McAdoo for a connection to the Efland Sewer System. Chair Jacobs asked if there are other people in this situation that may have been left out. Paul Thames said that there may have been one or two. When they do not have a signed contract, the property owners typically pay for the sewer tap. Geoffrey Gledhill said that the sewer agreements entered into in 1985 were an equal exchange of an easement for the sewer tap. He is fairly confident that this property was condemned because there was no agreement reached about the sewer tap. He would like the Board to defer this until he can look in his files to investigate the specifics of this case. Commissioner Brown asked that Paul Thames check with Tara Fikes about people who were entitled to CDBG monies. The Board agreed to defer this until the County Attorney can do additional research. b. Report/Update on Churton Grove The Board received in writing an update on the progress of development in the Churton Grove subdivision. No presentation was made and the Board received this for information only. C. Update on Hydeaway Estates/John Robinson Request The Board received information in writing regarding efforts to have the roads in the Hydeaway Estates subdivision added to the State's secondary road system. No presentation was made and the Board received this for information only. d. Board of County Commissioners Follow-up Action List The Board received a written report on the status of the Commissioners follow-up action lists from January 19, 1999 through June 18, 2002. No presentation was made and the Board received this report for information only. 11. APPOINTMENTS - NONE 12. MINUTES—NONE 13. CLOSED SESSION A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis 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 14. ADJOURNMENT A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adjourn the meeting at 11:30 p.m. to Monday, July 8, 2002 at 7:30 a.m. at New Hope Elementary School, NC86 and New Hope Church Road, Hillsborough, North Carolina. VOTE: UNANIMOUS The next regular meeting is scheduled for August 20, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC