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HomeMy WebLinkAboutMinutes - 20021015 APPROVED 12/2/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS OCTOBER 15, 2002 7:30 p.m. The Orange County Board of Commissioners met on October 15, 2002 at 7:30pm at the Southern Human Services Center 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 Sean Borhanian COUNTY STAFF PRESENT: County Manager John Link, Jr., Assistant Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (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 Item 8-k is a Change to the Board of County Commissioners' regular calendar by adding a work session for public comments on APS on Monday, October 28, 2002 at 7:00 pm at the Southern Human Services Center. Item 9-d is the Eno Ridge resolution. The Board added item 6-a-1 to the agenda - Student Health Action Committee (SHAC) UNC Division of Health Affairs- special presentation on affordable housing. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. CITIZEN &AUDIENCE COMMENTS a. Matters not on the Printed Agenda Dr. Schopler spoke about the proposed wildlife center for Orange County. He described a positive mission and direction for Orange County to go. He said that we have a chance to create atop quality wildlife center located in Orange County. He distributed an email to each of the County Commissioners and he said that in his email he elaborated on the wildlife center and why one is needed in this area. In times of increased development, wildlife increasingly suffers. He said that there is a group that is excited about this new wildlife center and all are aware of the benefits of a wildlife center in this area. He said that many people felt a vacuum when the wildlife center closed. He is extremely optimistic that this will come together. He said that they have support from the Vet school and that they have veterinarians that want to participate as well as students. The idea is to establish a center both for extra care of wildlife and for education of students. They may even have internships for wildlife students at the vet school. He said that we were uniquely located near a nationally respected zoo (Asheboro) and a nationally respected vet school (NCSU). Their timeline is to have a rehabilitation center opened this spring. They need a site where there can be a hospital, rehabilitation center, education, etc. He said that they could join with groups such as the Triangle Land Conservancy to promote the idea that wildlife needs the land. He would like to see this center in Orange County. They have located large tracts of land for this center and they are hoping that on the 281h they can discuss these in detail. He included a preliminary budget that puts in support from the County. He hopes that the County will provide land and financial support. Chair Jacobs asked Dr. Schopler to send the County Commissioners a hard copy, besides email. The other people who had signed up to speak on this item may wait until the 281h. Joe Lobuglio said that the issue of the wildlife center is not related to the APS and he asked the Board of County Commissioners to discuss the wildlife center as a separate issue. He said that it might muddle the discussion to have both items. Mark Gill, a resident of the Northern Transition zone, made reference to a quote in the Chapel Hill News from Chair Jacobs. He read the quote as follows: "The type of joint planning specified in the JPA is not suitable for today, but was suitable for the 1980's." He asked for clarification of this statement. Chair Jacobs said that the context of the conversation with the reporter was about joint approval and that in the 1980's, the notion of joint approval was revisited because it was deemed impractical. As far as joint approval now, we do have joint approval, unless there is an annexation. Mark Gill said that there is interest by a group of citizens in challenging this legal opinion on annexation and removal of Orange County from the joint planning process. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Gordon- none Commissioner Carey - none Commissioner Halkiotis said that he is thankful that it rained last Friday and that the Hillsborough reservoir has filled up to 80% capacity. He said that we should not get too overly excited about this because we were in the most serious drought conditions in this area since the mid 1930's. He hopes that we continue to treat water as the precious resource that it is and not rush out and wastewater like we were doing before. He would like to keep this issue of water in front of the public. Commissioner Brown seconded what Commissioner Halkiotis said and suggested that the Board of County Commissioners should write a letter on the issues of water sustainability and pass it on to the municipalities and water providers. She thinks it would be good to make a clear statement so that it does not slip away from our consciousness. Chair Jacobs suggested considering a Board resolution and that we may need a permanent conservation ethic, not just when it is a crisis. Commissioner Carey said that a resolution would be appropriate and that we should send it to the media as well as the towns and the water providers. Commissioner Brown suggested sending it to the other area County Commissioners through the NCACC. Commissioner Brown made reference to Dr. Schopler's proposal and his comments about wildlife habitat. She said that this Board has done a lot with wildlife corridors and it is right in tune with him. Chair Jacobs said that on November 6th at the Southern Human Services Center from 6:15- 7:15, there will be a reception for Senator Howard Lee to honor his 33 years of public service. There will be a resolution to honor him at the regularly scheduled meeting. Also, on October 291h at 7:00, the Little River Planning Group will have a public review of the concept plan for the Little River Regional Park. This will be at the Pleasant Green Community Center. Chair Jacobs congratulated the Chambers of Commerce and the Economic Development Director and the Commission for the Business Expo that took place last week. He said that it was a well-attended event. This is another example of how we are trying to support our business community in Orange County. Chair Jacobs said that even though Environment and Resource Conservation Director Dave Stancil will have a column in the Chapel Hill Herald tomorrow, he did not want to pull the item off the consent agenda. He said that under Budget Amendment#4, we are receiving almost $800,000 of grant money for the purchase of agricultural conservation easements. He said that in Columbia, South Carolina's State paper yesterday, Richland County is hoping to have a one for one program where they protect one acre of undeveloped land for every acre of land that is urbanized in the county. He said that, according to our staff, we have been able to do that for the last three years. We have generated nearly two million dollars in grant monies to conserve and purchase land in our county. He said that there was an unfortunate editorial in the Chapel Hill Herald, which was negative about the County's effort to purchase conservation easements from local farmers. He said that we were proud of this program and the farmers who have sold their land for conservation easements. Commissioner Halkiotis saluted Chair Jacobs for his comments. 4. COUNTY MANAGER'S REPORT John Link introduced Lone Taft, the new Recreation and Parks Management Director. She has a BS degree from the University of Massachusetts and a Masters in Physical Education and Recreation Administration from Temple University and has spent many years in the recreation and parks department in Delaware. John Link said that County Engineer Paul Thames would give a brief summary of the water levels in the County. He echoed the sentiments about being cautious with water. Paul Thames said that we got more than six inches of rain in the northern part of the County and it raised the water level at Lake Orange from nine feet below full to one foot below full. He thinks that Lake Orange will be full by the weekend. Hillsborough's reservoir went from 50% full to 83% full. Hillsborough calculates that they have 244 days of water supply. OWASA's reservoir, Cane Creek, went from 30%full to 62% full. University Lake filled up entirely. OWASA calculates that they have 265 days of water supply. He said that there is 161 days of water storage in Lake Orange. OWASA will meet on Thursday to determine if they want to modify the water restrictions on their customers. OWASA is still well below what they would normally expect to have this time of year. He said that he did send out a resolution where the County's drought ordinance has suspended all water use restrictions because these restrictions are tied to the water level of Lake Orange. Commissioner Carey asked about the number of days of usage of water and if they are based on current usage levels or pre-drought usage levels. Paul Thames said that OWASA's water use projections are based on a six-month average. The days of storage for Lake Orange are based on releases that are specified by the capacity use agreement. Commissioner Brown said that she had never seen the number of days of usage remaining calculated. Paul Thames said that you usually do not calculate the days remaining unless you are in a drought situation. Commissioner Brown asked how long he was going to use this calculation. Paul Thames said that he was just giving them a comparison and that Hillsborough and Lake Orange are similar. However, Lake Orange releases more water than the safe yield to meet the existing demands. Commissioner Brown asked about people on wells and said that her water turned brown during the rains. Paul Thames recommends that Environmental Health take a look at her well and that her well should not react that way to rainfall. Commissioner Halkiotis asked how long it takes the water to migrate down to the bottom of a well from the recent rainfall. Paul Thames said that all wells are different but typically the water you drink could be years and years old. When it rains it displaces water and continually recycles through the system. Commissioner Gordon asked about OWASA not removing some of their water restrictions and that Cary has year round conservation measures and if this is something we could do with Hillsborough. Paul Thames said that they have not talked about that yet but staff has talked about the close call this year with the water supply. One of the things about water conservation is the cost to water utilities and that their fund balance becomes a concern. He thinks that the utilities will be looking at some long-term ways to conserve water and to maintain revenue flow. Chair Jacobs said that they have been asked to have a joint meeting with Hillsborough and to discuss water issues as one of the topics. Also, a letter from the Chair was supposed to go to OWASA about water and drought. He said that we should get the water providers together and have better coordination in the future about conservation. Commissioner Gordon reinforced that we do have USGS ground water studies and we should utilize them. 5. RESOLUTIONS/PROCLAMATIONS a. Recognition of 2002 Public safety Service Officers of the Year To provide recognition to individuals nominated by their respective agencies as 2002 Service Officer of the Year. He noted that Charles Nelson from the Chapel Hill Chamber of Commerce was in attendance. This recognition was their idea. There were seven honorees. Hillsborough was not included this year. Jim Orbich from Chapel Hill Police Department and Matthew Dean from Carrboro Police Department could not be here this evening. Each Commissioner read the information about each honoree that was in the abstract. • Dave Parks—Chapel Hill Fire Department and Battalion Chief Bill Minton was here with him (Commissioner Brown read the information from the abstract) • Scott Trombley—Carrboro Fire Department and Deputy Chief Iby George was here with him (Commissioner Gordon read this information) • Matthew Dodson— UNC Division of Public Safety and Major Jeff McCracken was here with him (Commissioner Carey read this information) • Sgt. Larry Faucette - Orange County Sheriff's Department (Commissioner Halkiotis read this information) • James Summey—Orange County Department of Emergency Management and EMS Director Nick Waters (Chair Barry Jacobs read this information) b. Resolution Honoring Doug Clark The Board considered a resolution to honor one of Orange County's "legends", Doug Clark. Commissioner Halkiotis read this resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION IN HONOR OF DOUG CLARK AND THE HOT NUTS WHEREAS: Once in a great while, a musical act appears that is so unique, so exciting and so entertaining that it becomes a legend in its own time, such as the case with Doug Clark and the Hot Nuts, and, WHEREAS: In 1955, a group of high school buddies, inspired by Willie Hargrove's trio, characterized by their brand of zany antics, wild performances and lyrical humor, and anchored by its founder and spiritual leader, drummer Doug Clark, formed a band to play fraternities at UNC-Chapel Hill, and, WHEREAS: Founded as the Tops, then a year later the Doug Clark Combo, for 47 years, Doug Clark and the Hot Nuts have reigned as the prototype fraternity house dance and beach music band at colleges up and down the eastern seaboard from the KA House at Ole Miss to the Cottage Club at Princeton, and, WHEREAS: During one of its performances, the band played Hot Nuts, which Doug Clark learned from Willie Hargrove's trio. And from then on, the fraternities referred to the musical group as Doug Clark and the Hot Nuts, and, WHEREAS: Doug Clarks hits include Hot Nuts, Toast, Barnacle Bill, Old and Feeble, Ding-a-ling, Lulu and Big Wheel, as well as covers of songs by such famous acts as Ray Charles, The Drifters, Sam Cooke, James Brown, Wilson Pickett, the Tams, and his contemporaries, Otis Day and the Knights of the movie Animal House, and, WHEREAS: Doug Clark was born in Chapel Hill on June 18, 1936 and was a star quarterback, baseball and basketball player and drum major for the marching band at Chapel Hill's Lincoln High School, and, WHEREAS: Doug Clark cared deeply for the community where he lived and, often sought to help and inspire young musicians with talent and to help them find a way to use their talent to make a living, and, WHEREAS: While Doug Clark joined Heaven's band on September 16, 2002, at the age of 66, his legacy will continue, keeping its distinctive name, Doug Clark and the Hot Nuts, with his brother John, the band's lead singer and front man, and his son Montey replacing his father on the sticks, NOW, THEREFORE, be it resolved, that the Orange County Board of Commissioners mourns the loss of this great talent who has brought such acclaim to the community and who will live on forever in the minds of college students, fraternity members and beach-goers throughout the country, and commends Doug Clark whom for 47 years provided audiences everywhere with his unique style of musical entertainment. BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners encourages and challenges all youth who dream of using their talents, to be inspired by the way Doug Clark developed his talent into a life long profession. This, the fifteenth day of October 2002. VOTE: UNANIMOUS Commissioner Carey said that this resolution is as much an honor for Mrs. Clark and he wanted to commend her. C. National Disability Awareness Employment Month Proclamation The Board considered a proclamation designating October as National Disability Awareness Employment Month. Assistant Manager Gwen Harvey read the proclamation and Tim Miles accepted this proclamation. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS NATIONAL DISABILITY AWARENESS EMPLOYMENT MONTH WHEREAS, Congress, by Joint Resolution, has designated October of each year as "National Disability Awareness Employment Month", and WHEREAS, This month provides the opportunity for all Americans to recognize the tremendous value and potential of people with disabilities, and to recommit the tremendous value and potential of people with disabilities, and to recommit and dedicate ourselves to the empowerment, employment and full inclusion of everyone of our citizens with disabilities, and WHEREAS, People with disabilities represent one of the nation's largest pool of talented, skilled, knowledgeable and hard working persons, they are diverse—encompassing the full spectrum of race, religion, national origin, age and gender. Small business and industry leaders, labor leaders and community leaders have called for a diverse, capable work force to propel our economy into the next century, and WHEREAS, It is important for the municipalities in Orange County and the County of Orange to move purposefully toward diversity in the workplace and elsewhere in society not only because it is right and just, but also because it is economically sound. We have learned that people with the severest disabilities can learn, work, pay taxes, buy goods and be self-supporting if given the appropriate opportunities, and by employing persons with disabilities in North Carolina, we can help reduce the alarming 75 percent unemployment rate in this segment of our population, and WHEREAS, disability is a natural part of the human experience and in no way diminishes the right of individuals with disabilities to live independently, enjoy self determination, make choices, contribute to society, and experience full inclusion in the economic, political, social, cultural, and educational mainstream of American society, and WHEREAS, family members, friends, and members of the community can play a central role in enhancing the lives of people with disabilities especially when the family and community are provided with necessary support services, and public and private employers are aware of the capabilities of people with disabilities to be engaged in competitive work in inclusive settings, and WHEREAS, the goals of the County include providing individuals with disabilities the opportunities and support to make informed choices and decisions, live in homes and communities where such individuals can exercise their full rights and responsibilities as citizens, pursue meaningful and productive lives, contribute to their family, community, state and nation, have interdependent friendships and relationships with others and achieve full inclusion in society, NOW THEREFORE, do we, the Orange County Board of Commissioners, hereby proclaim October, 2002 as NATIONAL DISABILITY AWARENESS EMPLOYMENT MONTH in the County of Orange, North Carolina and call upon all citizens of Orange County to observe this period with appropriate programs and activities, and furthermore encourage all citizens to seek counsel and input from any person or group with knowledge and expertise in matters concerning disabilities. This, the 15th day of October 2002. VOTE: UNANIMOUS d. Resolution Levying the Third One-Half Cent Local Government Sales and Use Tax The Board considered approval of a "Resolution Levying the Third One-Half Cent Local Government Sales and Use Tax and Prescribing the Method of Distribution of the Proceeds Within Orange County." John Link spoke on this and said that this past 12 months we have been in a budgetary crisis and that the Governor took$700,000 from the County. Also, $3.1 million of revenue was withheld from the Governor. This revenue represented a replacement of inventory and intangible tax revenue that the towns, counties, and cities have been receiving for years until 1990. At that time, the Governor and the General Assembly promised this replacement of revenue in the form of reimbursements. Toward the end of the assembly session, they did allow the municipalities to enact the additional % cent sales tax ahead of schedule, prior to July 1, 2003. The County Commissioners already held a public hearing on this matter in the spring. There needs to be another resolution enacted because of the different wording for the sales tax to become effective December 1, 2002. It is projected that the County may realize about $1.8 million in revenue from December 2002 through June 2003. Chair Jacobs pointed out that this is not a sales tax on food (unprepared food). Prepared food is not exempt. The projections are that over the long run it will generate more revenue for the County then it was currently receiving due to the inventory and intangibles tax. It will take more than three years to make up the monies, which were withheld by the State that were due to Orange County. He said that we have put in effect freezes on hiring and on capital projects so that there would not be any additional tax burden on the citizens this year. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a Resolution Levying the Third One-Half Cent Local Government Sales and Use Tax and Prescribing the Method of Distribution of the Proceeds Within Orange County as stated below: Commissioner Gordon asked John Link about the legislation that was passed by the General Assembly to try and protect County revenues in the future. She would also like to know the County's position on joining or not joining the lawsuit that some counties filed. John Link said that they would report on this at a later date. He said that there is assurance that, by enacting a sales tax, it cannot be taken away from local government. However, there are other revenues that are not protected and we still need to be vigilant about school funding and human service funding. He said that he forgot to mention that there was State school construction funding withheld of about $700,000 for both school districts. Chair Jacobs said that the Board would get a full report from staff at the Work Session on October 21 sr to address the impacts of the budget cuts on other programs. Commissioner Brown asked for information about how this impacts projects that we share with the Town of Chapel Hill like Southern Park, etc. A 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, as amended by S.L. 2002-123, "An Act to Accelerate the Additional One-half Cent (1/2¢) Local Option Sales and Use Tax and to Make Conforming and Technical Changes," and WHEREAS, the Orange County Board of Commissioners gave proper public notice of the Board's intent to consider this resolution, as required by Section 10 of S.L. 2002-123, and WHEREAS, Orange County has lost approximately $3,171,582 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 that (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 S.L. 2001-424, as amended by S.L. 2002-123, 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 S.L. 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 December 2002. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue 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 tax 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. Adopted this 151h day of October 2002. VOTE: UNANIMOUS e. Resolution Providing Comments Regarding Proposed Changes to the US 15-501 Fixed Guide Way Corridor and Station Areas The Board considered a resolution providing comments to the City of Durham, Durham County and Durham-Chapel Hill-Carrboro (DCHC) Transportation Advisory Committee (TAC) on proposed modifications to the 15-501 Fixed Guideway Corridor and Station Areas. Karen Lincoln gave a PowerPoint presentation. The City of Durham has received a proposal for the redevelopment of the South Square site. Along with the proposal, they are recommending moving the fixed guideway corridor along US 15-501 along Shannon Road. This is a modification from the recommended alignment of the fixed guideway corridor that was approved last November. Phase 11 of the investment study was a joint effort between Chapel Hill, Durham, Triangle Transit Authority, NCDOT, UNC, and Duke University. This study was of an alignment of the fixed guideway transit corridor and the technology. The City of Durham also endorsed this alignment last November, and since then, Durham has received several requests to amend the alignment. The proposal with this resolution is for two big box retailers with six smaller retail operations at the South Square site. She said that this development proposal does not appear to be consistent with projected land uses for the transit corridor. The proposal does not address the implications that the shift of the corridor may have on ridership in the transit corridor or on any of the costs to the transit system. The resolution asks that modifications to the adopted US 15-501 fixed guideway corridor and station areas be analyzed for potential impacts to ridership and costs, that the parties that participated in developing the corridor alignment be given the opportunity to comment before any modifications are approved, that the Durham/Chapel Hill/Carrboro Transportation Advisory Committee approve any modifications, that the Durham City and County protect the adopted corridor, and that once the proposed modification has been analyzed for potential impacts that the City of Durham will also require dedication of right-of- way for the corridor. Chair Jacobs said that we have heard from Planning Director Craig Benedict about the significance of developments with regional impact. He said that there have been many years of work put into establishing this corridor and studying it. He thinks that the resolution is suggesting that we continue to work together. Commissioner Gordon said, as the Orange County representation on the Triangle Transit Authority and the Durham/Chapel Hill/Carrboro Metropolitan Planning Organization, that this will be helpful. It will be good to have a process to guide the work. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION PROVIDING COMMENTS AND RECOMMENDATIONS TO THE CITY OF DURHAM, DURHAM COUNTY AND DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE ON PROPOSED MODIFICATIONS TO THE ADOPTED US 15-501 FIXED GUIDEWAY CORRIDOR AND STATION AREAS WHEREAS, the Town of Chapel Hill, City of Durham, Triangle Transit Authority, North Carolina Department of Transportation, and the University of North Carolina at Chapel Hill participated cooperatively in the development of the US 15-501 Major Investment Study, and WHEREAS, the US 15-501 Phase 11 Major Investment Study included a recommended fixed guideway corridor and station locations, and WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has adopted the recommendations of the US 15-501 Major Investment Study, and WHEREAS, the implementation of a fixed guideway transit corridor between Durham and Chapel Hill is an important element in maintaining future mobility along the US 15-501 corridor, and WHEREAS, a development proposal has been submitted to the City of Durham and Durham County that requires modification of the adopted fixed guideway corridor and station locations, and WHEREAS, the impacts of the proposed modification on the feasibility of implementing the US 15-501 fixed guideway corridor are unknown, NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners joins with the Chapel Hill Town Council in respectfully requesting and recommending to the City of Durham, Durham County and the Durham-Chapel Hill-Carrboro Transportation Advisory Committee that: Modifications to the adopted US 15-501 Fixed Guideway corridor and station locations, as adopted in the US 15- 501 Major Investment Study, be evaluated for potential impacts on ridership, operations and financial feasibility prior to approval. All parties that participated in the development of the US 15-501 Major Investment Study, Chapel Hill, Durham, Triangle Transit Authority, North Carolina Department of Transportation, University of North Carolina at Chapel Hill, and Duke University, be provided an opportunity to review the analysis of proposed modifications and provide comments. The Durham-Chapel Hill-Carrboro Transportation Advisory Committee approves any modifications to the adopted corridor and station locations. The City of Durham and Durham County protect the fixed guideway corridor and development of station areas consistent with the adopted Plan. The City of Durham require dedication of appropriate right of way for the fixed guideway corridor along Shannon Drive and University Drive adjacent to the South Square site if modification of the corridor is deemed feasible. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Presentation of Maple View Farms Soccer Field Design and Public Comment The Board received a special presentation and public comment on the design of the soccer field at Maple View Farms, reviewed and considered approval of the site design, and considered authorizing staff to submit the site plan for approval and begin the process of soliciting bids for construction. Chair Jacobs said that there would be public comment after this presentation. This is not a public hearing. Environment and Resource Conservation Director Dave Stancil said that this is the equivalent of a concept plan in parks planning. They sent letters to all within 500 feet of the property and other interested citizens that they were aware of. In March of this year, a lease was signed between the Nutter Family Limited Partnership and the County for six acres of land along Rocky Ridge Road. The property is being leased to the County for$1 per year. The next step is a site plan approval. He introduced Kimberly Surran, Open Space Design Specialist. Kimberly Surran spoke about the design of the soccer field. The site is six acres with the adjacent land uses being crop and pasture land. There is a 50-car parking lot that will be graveled along with a gravel walkway leading to the field. There is a fence that will run around three sides of the field. There is also a well location for irrigation and potable water. Commissioner Brown asked about signage and if there was a proposal for signage for parking, how the property should be used, etc. Kimberly Surran said that she is assuming that there will be a sign at the entrance and right now there are handicapped signs to designate the parking spaces. Commissioner Brown asked about road signs and said that the future Parks and Recreation Director could address some of these concerns. She has concerns about speed limit, noise, and hours of usage. Chair Jacobs pointed out that there will be no lighting and this limits the hours of usage. Commissioner Brown asked about port-a-johns and verified that there will not be a septic system. Kimberly Surran said that there are two sites for port-a-johns. Commissioner Brown said that there are many other options and she is not in favor of these since this is a permanent site. Dave Stancil said that there is the issue of costs, but this can be considered. Commissioner Halkiotis said that he and Commissioner Carey met with citizens in Cedar Grove and scheduling issues came up and how the community is able to access community parks, fields, etc. He thinks it would be appropriate to address how all of this comes together(scheduling, signage, etc.) when the new Parks and Recreation Director comes on board. He asked about the well and if it would be above ground. Kimberly Surran said that there is a substantially sized tank at Efland—Cheeks and she has shown a place for a tank. Commissioner Gordon thanked the Nutters for making this land available to the County. She asked about page 5 and the lease agreement. She referred to#2, the term, which says that the term of the lease is ten years and the County will have the option to renew for two additional terms of five years each. This is a total of 20 years. She asked if the County exercises its option to renew the lease, would it be all the same terms including the costs. County Attorney Geoffrey Gledhill said yes. Commissioner Carey commended the Nutters for making this available for one dollar a year. He is assuming that the County will maintain the site and Dave Stancil said yes. Dave Stancil said that there have been discussions with the Orange County Soccer Alliance about some participation in annual maintenance cost share. Commissioner Brown thanked the staff for a job well done. She would like to have trash collection and a recycling site. She wants to know more about the possibility of the Orange County Soccer Alliance giving money for putting down sod and other improvements. Dave Stancil said that this has not been decided but only discussed and there is interest by the association. Commissioner Brown would like to have an understanding of how the field would be used and she is interested in the equity issue of scheduling. We need to make sure that all of the public has access to this facility and not just established soccer clubs. Commissioner Brown thanked the Nutters and asked for a comment on the 20-year agreement. Mr. Nutter said that he does not plan being here in 20 years. Commissioner Brown asked about this number and if it was common. John Link said that this is an example of where the County and the good citizens negotiate on a period of time that seems reasonable to both. The County is not planning on doing anything permanent in terms of intruding on the property because it will only be a soccer field for 20 years and when it is done, it may revert back to a field. They are going to seed the field and not sod it. It is a public field and if a private club paid to have the field sod, then it might have implications on their use of the field. This point has not been addressed by staff. Commissioner Brown said that over a 20-year period that the investment will be greater because of the maintenance and that citizens may be taken by surprise to have a field disappear after 20 years. She asked if there was some other negotiation for purchase. She would feel more comfortable if there was some other possibility 20 years from now with the investment of public money in this. Commissioner Halkiotis thanked the Nutters and said that this is a new experiment we are venturing out on and you are not making a long-term commitment by using steel or concrete. We are using things that can be reverted. He thinks that this is a great plan and he suggested revisiting this with staff and the landowners to see how things are working out. Commissioner Carey said that this is a great investment and a good use of public money and he does not want to look a gift horse in the mouth. He does not want to attach so many bells and whistles to this that we try to extract more out of the Nutters. He would like to stick with the port-a-johns and not invest in something permanent because the Nutters may not want it out there. Chair Jacobs went through the list of issues—signage, speed, hours, sewage, scheduling, trash and recycling, partnerships, model agreement, and revisiting how it is working with neighbors and the County. He said that none of these issues lessen the Board's appreciation for the Nutter's community mindedness. PUBLIC COMMENT Bryant Dodson owns the farm adjoining the Nutters. They are concerned about having a fence on the north side, which is near their pasture. They lease a lot of this land out to a man with horses. They do not want any problems with children around the horses. Another concern is the lights. They understand that there will not be lights, but he wants to know if it will be for the term of the contract. He said that this is in the same neighborhood as Tuscany Ridge and wells are an issue. Kim Dodson said that they are excited about the soccer field, but one of the many issues is the fencing that must be in place. They have already seen children come up to the fence and liability is of concern to them. They definitely want the fence. They are concerned with the traffic. There is no speed limit sign now but there will need to be one. She asked the Board to not move forward too quickly. They are not opposing this but would like to wait and see what happens because of Tuscany Ridge. Liability is a big issue and they want to know of any other meetings. Bryant Dodson made reference to the speed limit and said that they have tried to get the speed limit lowered on Rocky Ridge Road, but they were told that not enough people lived on it. Maybe after this field is put in, the State will agree to lower the speed limit. Kim Dodson said that they would like to see more shrubbery or something planted on the side because it will help with the noise and environmental erosion. Commissioner Halkiotis asked how far the Dodson's fence was from the proposed chain link fence and it was answered about 50 feet. Dave Stancil said that, once the Board is comfortable with the design, the next step is to submit the plan to the Planning Department staff for site plan approval. They will submit bids and will hopefully have an award of a bid in December. Construction could take place in January-March. Chair Jacobs asked that the staff come back with responses in writing to the concerns that were raised tonight—both by the County Commissioners and the Dodson's. He also asked that there be notification by mail and by a sign on the site notifying residents when this item is on the Board of County Commissioners' agenda again. Commissioner Brown asked about the lighting issue and what would happen if groups wanted to chip in and put lights. Mrs. Nutter said that there would be no lights. Dave Stancil said that anything like that would have to be agreed upon by both parties. It is not spoken to in the lease. John Link said that they could bring something in written form making assurance that lighting will not be constructed in the future. Commissioner Brown said that she would like to make sure that the new Parks Director will review this. Commissioner Gordon said that there should be a number 8 that the staff will come forward with an agreement to prohibit lighting. Chair Jacobs said that he would consider this as one of the concerns that were raised. Commissioner Gordon said that she would like to put it under number 6 but say specifically that the staff will be asked to come up with a written assurance that there be no lighting. A motion was made by Commissioner Halkiotis to approve the Manager's recommendation in the agenda packet, with the addition of two items—responding in writing to all of the concerns that have been raised tonight and a sign will be put on the site specifically notifying people in the area of when this item will be discussed again. John Link said that they will bring back site plan with answers to all of the questions and will incorporate this into the timeframe. Commissioner Brown seconded the motion with a friendly amendment that item 3 in the recommendation would be that it be returned to the Board with all the information gathered. The motion is as follows: 1) receive the special presentation 2) review and approve the site design 3) the site plan will be returned to the Board with all the information gathered as requested by the Board 4) authorize staff to submit the site plan for approval and begin the process of soliciting bids for construction, with a goal of beginning field construction in January and opening the field in Fall 2003 (weather permitting) 5) direct staff topursue a construction bid award to be presented for Board approval, probably on December 2" . 6) Direct staff to continue to work with the Orange County Soccer Alliance (OCSA) regarding their contributions to the field construction. 7) Respond in writing to all of the concerns that have been raised by the Board and the public. 8) A sign will be put on the site specifically notifying people in the area of when this item will be discussed again. VOTE: UNANIMOUS a1. Student Health Action Committee(SHAC) UNC Division of Health Affairs-special presentation on affordable housing Commissioner Carey said that he asked this group to come tonight on an affordable housing project to acquaint the Board with the organization. This is the oldest student operated free clinic in the country. Carol Long, a second year student in the School of Medicine, is with a group called Health for Habitat, which is a division of the Student Health Action Coalition. SHAC has been serving Orange County for over 30 years. It consists of seven different UNC health professional schools working together to provide quality health care to citizens who cannot afford it. They also operate extensive community service programs, such as Health for Habitat. One of the main goals is to allow students to understand the significant impact of decent housing upon the health of the community. The goal is to provide one Habitat for Humanity home in Orange County every year. They are working towards building an endowment that will permanently sustain the program. With many of the schools volunteering, they logged more than 1,000 volunteer hours to complete the first home. Another student spoke about the finances. She said that they need $25,000 every year in order to reach their goal of one home each year. The grant from the AAMC runs out in 2004. Over three years, they are short $58,500. They are asking for a one-time supplement to the AAMC grant in the amount of$58,500. This will allow the creation of a permanent endowment to support annual home construction. Their goal is to raise $500,000 for a SHAC Health for Habitat endowment by the year 2005. This money will be placed at the North Carolina Medical Foundation. At a rate of 5% interest, this will accrue $25,000 annually, which is what is required to build one home each year. This is a one-time request for funds. Chair Jacobs said that it was great to see students that are committed to the community. Commissioner Brown asked that Housing and Community Development Director Tara Fikes review any proposals from SHAC. Commissioner Carey said that this would be the next step, for them to put the proposal in writing. One of the students introduced the faculty advisors. b. Recognition of County Participation in the Cape Fear River Assembly The Board received a special presentation of a plaque recognizing the County's participation in the Cape Fear River Assembly. Dave Stancil said that last year the County joined the Cape Fear River Assembly. It is an organization of over 400 members and has a Board of Directors. The charge of the group is to address quality of life and water quality issues in the Cape Fear basin. He introduced Executive Director Don Freeman. Don Freemen presented a plaque to the County and distributed bumper stickers. He is a former student and resident of Orange County. He said that they have recently received $500,000 from the North Carolina Attorney General's office for environmental enhancement purposes. They intend to accomplish continued availability of water for their use and for healthy ecosystems. He said that we cannot take water for granted. He heard at a drought meeting that it takes 50 inches of rainfall to result in one inch of groundwater. He recognized Orange County's leadership and commitment to proper resource management. He thanked Chair Jacobs for his participation on the Board of Directors. Don Freeman said that 27% of North Carolina's population is within the Cape Fear River Basin. It extends from Greensboro down to Wilmington. Commissioner Brown said that our County is the headwaters for both the Neuse and the Cape Fear Basin and we are very cognizant of this fact. Working together with the other counties is very important. c. Recommendations from the Greene Tract Work Group The Board received a report from the Greene Tract Work Group regarding their recommendations to the governing boards of Orange County and the Towns of Carrboro and Chapel Hill regarding the disposition of the 104 acres of the Greene Tract that remain in joint ownership. Assistant County Manager Rod Visser said that the Greene Tract Group has been working for a year. Orange County, Chapel Hill, and Carrboro are the joint owners of 104 acres of the Greene Tract. The remainder of the property is currently a landfill asset. The group had seven or eight meetings including a public input meeting. The work group has approved a resolution, which lays out the recommendations. The main points include that 85 acres be held in open space protected by conservation easements and that 18 acres be earmarked for affordable housing to be placed in a land trust. The main factor that affected the decision about affordable housing was related to the capacity of the land to carry development that would be necessary for affordable housing. There was a lot of discussion about how sewer lines could be developed to serve the development. Commissioner Carey chaired the work group and said that this is one of the most studied pieces of land in all of Orange County. He thinks that the resolution and the concept plan achieve the charge and the group should be commended as well as the staff. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution. Commissioner Gordon asked about the second to the last paragraph and if this means reimbursement for the open space and the housing area. Rod Visser said that there is a fair amount of latitude that the local governments have on the timeline of the reimbursement. He does not have a direct answer to this question. Commissioner Carey said there is no answer to this question, and that is why they asked the managers to work on this and bring some recommendations back. Commissioner Gordon said that the housing area would have to be paid for whenever it is used for housing. She asked if the whole 18 acres had to be paid for. She asked about the following paragraph, which is about reimbursement of the Solid Waste Landfill Enterprise Fund for the portions of the site designated for affordable housing and open space. She asked which options this was talking about. Rod Visser said that there might be other options besides just the local governments coming up with their own general fund money. There may be some grant opportunities or other options. Commissioner Gordon wants to see more detail in the next to the last paragraph about when the options for reimbursement will be brought back. She thinks that this should be in the resolution. Commissioner Carey said that the charge of the work group was not to address the payment, it was to come up with a proposal for future uses. They added the payment on their own volition. He said that to tamper with the language now would not be wise and that all representatives have agreed to this. He said that if you amend the language then it will have to go back to the other boards. Commissioner Gordon asked Geoff Gledhill what it says in the agreement about reimbursement. Geoff Gledhill did not recall what it says. He said that it is clear that when the property is put to a use other than solid waste, then it triggers the requirement for reimbursement. There is a lot of flexibility in how it is done. Chair Jacobs said that this is a resolution that was adopted by the Greene Tract Work Group in June and there is no resolution to adopt for this Board. Rod Visser said that this is only a presentation to bring the Board up to speed on what the Greene Tract Work Group has been doing. They were just looking for comments and questions from the County Commissioners. Chair Jacobs pointed out that it was 10:20 p.m. He said that the Board accepts the basic tenets of what the group came up with and we are asking for more information on what the legal agreement was previously regarding repayment and what steps the managers might recommend in the future regarding how and when the reimbursements would kick in. Commissioner Brown said that there were excellent materials for the work group and that these should go out with this resolution. Chair Jacobs asked about the study of the sewer possibilities and if they address the Neville tract. The staff will come back with an answer to this. Chair Jacobs suggested doing the consent agenda and then items 9a and 9d. 7. PUBLIC HEARINGS- none 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes from the following meetings: April 22, 2002 budget/cip work session, April 30, 2002-work session, May 6, 2002-joint meeting with Hillsborough; May 13, 2002 (6:OOpm) —work session, May 13, 2002 (7:30pm)-budget work session, June 6, 2002 (6:OOpm)-joint meeting with the Planning Board, June 20, 2002- budget work session, June 24, 2002-budget work session, June 27, 2002-regular meeting, and August 20, 2002 —regular meeting. b. Change in BOCC Regular Meeting Schedule The Board changed its regular meeting schedule to change the beginning time of the October 21, 2002 Work Session to 5:30 p.m., to move the Board Retreat from December 7, 2002 to January 25, 2003 beginning at 9:OOam. C. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated herein by reference, related to 36 requests for motor vehicle property tax refunds. d. Budget Amendment#4 The Board approved budget ordinance and capital project ordinance amendments for Conservation Easement, Whitted Human Services Center, and Northern Human Services Center for fiscal year 2002-03 e. Agreement Renewal Between UNC Hospitals and Orange County for the Senior Wellness Program. The Board approved and authorized the Chair to sign an agreement renewal to receive $50,000 from the University of North Carolina (UNC) Hospitals for their co-sponsorship of the Department of Aging's Senior Wellness Program from July 1, 2002 through June 30, 2003. f. Contract Award —Piggy Back of Bid for 2, 100 Roll Cart Containers The Board awarded and authorized the Chair to sign a contract for the purchase of 2,100 roll cart containers from Toter Incorporated of Statesville, North Carolina. g Resolution Appointing Evelyn Cecil As Acting Deputy Clerk The Board officially appointed Evelyn Cecil as acting Deputy County Clerk so that various functions and duties can be performed in the absence of the Clerk to the Board while the Deputy's Clerk's position is vacant. h. Petition for Addition of Subdivision Roads to the State Maintenance Program. The Board approved requests to add Rhine Road, Taproot Lane, Piney Bluff Court, Loblolly Court, Piney Hollow Court, Pine Needle Court, and Pine Cone Lane to the State Maintained Secondary Road System. I. Ashwick Subdivision—Amendment to Resolution This item was removed and placed at the end of the consent agenda for separate consideration. I. FOR INFORMATION ONLY: Chapel Hill Township Park and Educational Campus Master Plan Work Group (CHTPEC)—One Appointment The Board received as information regarding the Chapel Hill Greenways Commission's appointment to the CHTPEC Work Group. k. Change in BOCC regular meeting schedule The Board changed its regular meeting schedule to add a work session on Monday, October 281", 2002, beginning at 7:00 p.m. at the Southern Human Services Center to discuss animal shelter issues. VOTE: ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: I. Ashwick Subdivision —Amendment to Resolution The Board considered an amendment to the Resolution for Approval of Ashwick Subdivision. This item was deferred to the next regular meeting. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Approval of Proposed Revisions to Housing Bond Policy The Board considered approving proposed revisions to the Housing Bond Policy. Housing and Community Development Director Tara Fikes said that comments have been received from both the public and the Board. The Affordable Housing Advisory Board has prepared a document with revisions for the Board's consideration. She introduced Alan Rosen, Vice-Chair of the Affordable Housing Advisory Board. Alan Rosen made reference to pages 17-18, which is a list of the advisory board's recommendation. The main change in the document is the inclusion of specific, affirmative language as to the eligibility of mixed tenure projects, or those projects that might have elements of homeownership and rental in one project. Also, there is language on the eligibility or encouragement of non-traditional housing types. He made reference to page 12, which is on program monitoring and reporting. There is also an update and recommendation on the land banking policy. The advisory board will make final recommendations on the land banking policy at the November meeting. In the meantime, the advisory board recommends that County staff work with various agencies to try and identify possible funding sources to address the immediate acquisition needs and concerns. The advisory board would also like to engage in separate review of this housing bond policy over the next few months. Commissioner Gordon made reference to page 3-4 and that the County committee has been changed substantially. Tara Fikes summarized the changes. One change is that there are three members of the advisory board as members of the committee and one employee each from the towns' planning departments. Commissioner Gordon said that it should be clear that this committee is appointed by the County Commissioners. Discussion ensued about how the County Commissioners should appoint this committee. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to extend the meeting time to let the public speak on this item and to address Item 9-d and to go only to 10:50 pm. VOTE: UNANIMOUS Public Comment Chris Moran, Director of the Inter-Faith Council, presented a document about an immediate need for affordable housing. He asked the Board to please lift the moratorium on taking applications for the section 8 housing program. He said that he received a phone call from a mother of a grown child that has disabilities who lives in the northern part of the County who is going to lose his housing. His goal is to help this man find affordable housing and link him up with Club Nova. He said that they are serving fewer families at the community shelter and also rejecting more families that want to stay with them who are section 8 eligible. They are staying longer because there are no affordable housing choices in Orange County. He asked for an immediate lift of the moratorium. He said that IFC was willing to work with the County staff to help in this process. Chair Jacobs said that at the next meeting, the Board would hear a report of the pros and cons of this request. Susan Levy with Habitat for Humanity spoke about a critical piece of land that they need to purchase by the end of the calendar year. They have a contract that they have to act on for 16 acres in Chapel Hill. They are in need of additional funding to secure this land. They would like the development of the property to be a collaborative effort. Commissioner Brown asked for something in writing about this property. A motion was made by Commissioner Carey, seconded by Commissioner Brown to adopt the Housing Bond Policy as revised. VOTE: UNANIMOUS The revision is as follows: Page 3: Project Review and Selections: A county committee appointed by the Board of County Commissioners will evaluate project proposals and make funding recommendations to the County Manager. This Commission- appointed project review and selection (PRS)... ... ...... ... ... ... ... ...... Page 4: County engineer and one specified employee from each of the Chapel Hill, Carrboro. ...... ... .... b. Orange County/Hillsborough Courtesy Review Agreement The Board was to consider a revised courtesy review agreement with the Town of Hillsborough. Postponed to 11/6/02 C. Eno Ridge Subdivision (formerly James Woods) Preliminary Plan The Board was to consider the Preliminary Plan for Eno Ridge Subdivision (formerly James Woods). Postponed to 11/6/02 d. 2025 Regional Transportation Plan Update The Board considered a resolution endorsing projects for inclusion in the 2025 Transportation Plan for the Durham- Chapel Hill- Carrboro (DCHC) Metropolitan Planning Area (MPO). Karen Lincoln said that this is the Board's chance to comment on projects that should be included in the 2025 Transportation Plan for the Durham-Chapel Hill-Carrboro Metropolitan Planning Area. The long-range plan is fiscally constrained and is intended to identify all types of transportation facilities, highways, highway improvements, transit improvements, bicycle and pedestrian improvements, etc. The Transportation Advisory Committee has issued a draft preferred option for public comment prior to adopting a draft plan. The draft option is fiscally unrestrained. The Board must reasonably know where the money is coming from to build anything that is proposed. The plan will also have to demonstrate that it will manage congestion in a manner that the area will meet the federal ambient air quality standards. The preferred plan includes HOV lanes for 1-40 from NC 86 to Wake County and on the Durham Expressway. Chair Jacobs pointed out that the amendment to the resolution is the maximum cross section design of three lanes for the Elizabeth Brady Road extension project as recommended by the Economic Development District Transportation Work Group. Commissioner Brown asked about the bike lanes for Smith Level Road. Karen Lincoln said that the Technical Coordinating Committee is still working on the list and the maps to make sure that they match. There are some duplicates. Commissioner Brown asked specifically about#57. Chair Jacobs said that there should be one on Orange Grove Road. Karen Lincoln said that this should be on the list. Commissioner Brown asked about#31 and said that the road is being constructed now and the bike lane should also be constructed now. Commissioner Gordon said that the public comment on this part ends on October 23rd and she can take any comments back to the meeting. She said that the TAC eliminated Eno Drive and the legislative delegation said that they thought they could get funding for another alternative. Chair Jacobs asked about the process and said that these corrections should be captured earlier in the process. Commissioner Gordon said that the TAC is also not satisfied with the process. Commissioner Gordon will bring up anything at the meeting that the County Commissioners write down and give to her. Chair Jacobs said that he does not know what is going on with this and it is impossible at this late date to say what he thinks of the priorities for Orange County projects. Commissioner Gordon said that the feds suggested that we get this done and then we will have a chance to revise it in a three-year period. She said that the only projects that are in here are the ones that have funding. The only thing we should be worried about are the things that we are opposed to. Chair Jacobs said that the resolution addresses something that the Board is against, which is the four- lane cross section of Elizabeth Brady Road Extension as proposed previously. The Board is in favor of the three- lane cross section with the different routing that was recommended by the Economic Development District Transportation Work Group. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION TO PROVIDE THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH A RECOMMENDATION ON THE PREFERRED OPTION OF THE DURHAM-CHAPEL HILL-CARRBORO LONG-RANGE TRANSPORTATION PLAN WHEREAS, Orange County has participated in regional transportation planning as a member of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, and WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is preparing a Long- Range Transportation Plan, and has released the Preferred Option of the DCHC Long-Range Transportation Plan for public comment, and WHEREAS, Orange County seeks ample opportunities to review and comment on regional transportation plans and policies, NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board of Commissioners recommends to the Transportation Advisory Committee that the 2025 Durham-Chapel Hill- Carrboro Metropolitan Planning Organization Long-Range Transportation Plan include: 1. Intensive transit improvements to provide an integrated transit system throughout the urban area. 2. Improvements to US 70 Bypass in Orange County, from NC 86-North to 1-85 near the Durham County line. 3. Improvements to NC 86-North in Orange County, from US 70 Bypass to NC 57. 4. A maximum cross section design of three lanes for the Elizabeth Brady Road Extension project, as recommended by the Economic Development District (EDD) Transportation Work Group. VOTE: UNANIMOUS e. Orange County Board of Adjustment—One Appointment The Board was to consider one appointment to the Orange County Board of Adjustment. Postponed until 11/6/02 f. Economic Development Commission—One Appointment The Board was to consider one appointment to the Economic Development Commission. Postponed until 11/6/02 f. Morgan Creek Trail Conceptual Plan Committee—One Appointment The Board was to consider one appointment to the Morgan Creek Trail Conceptual Plan Committee. Postpone until 11/6/02 10. REPORTS 11. APPOINTMENTS 12. CLOSED SESSION The Board was to go into closed session a. "To consult with an Attorney retained by the Board in order to preserve the attorney-client privilege between the Attorney and the Board." b. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding terms of a contract to purchase real property" NCGS § 143-318.11(a)(5). Deferred 13. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:50 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board