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HomeMy WebLinkAboutMinutes - 20021202MINUTES APPROVED 2124/2003 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 2, 2002 7:30 p.m. The Orange County Board of Commissioners met in regular session on Monday, December 2, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordan, and Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County 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. Chair Jacobs called the meeting to order. Oaths of Office for Board Members a. Alice M. Gordon- sworn in by Judge Joseph Moody "Joe" Buckner b. Stephen H. Halkiotis- sworn in by Christon S. Halkiotis c. Barry Jacobs- sworn in by Judge Joseph Moody "Joe" Buckner Board Oraanization a. Election of Chair and Vice Chair Margaret Brown was elected Chair with a unanimous vote and Alice Gordon was elected Vice- Chairwith avote of 3-2. Margaret Brown gave a brief speech and thanked the Chair and Vice-Chair from last year, the Board and the staff. She pointed out the goals and objectives for next year: supporting and having the best schools in North Carolina, protecting the environment, increasing affordable housing, and agricultural infrastructure. Commissioner Gordon added commendations to the Chair and Uice-Chair from last year. b. Designation of Voting Delegate for all NCACC and NACo meetings for Calendar Year December 1, 2002-2003 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Chair Brown as the voting delegate. Chair Brown accepted the nomination. VOTE: UNANIMOUS Appointments a. Manager- John Link A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to reappoint John Link as the Orange County Manager for another year. VOTE: UNANIMOUS b. Clerk to the Board- Donna Baker A motion was made by Commissioner Gordon, seconded by Commissioner Carey to reappoint Donna S. Baker as the Orange County Clerk to the Board of County Commissioners for another year. VOTE: UNANIMOUS c. County Attorney- Geoff Gledhill A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to reappoint Geoffrey Gledhill as the County Attorney for another year. VOTE: UNANIMOUS 1. ADDITIONS OR CHANGES TO THE AGENDA -none PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda -none b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below} 3. BOARD COMMENTS Commissioner Gordon thanked all that have supported her and especially her husband, Alan. Commissioner Gordon reported on the Triangle J Council of Governments. She said that several governments, including Orange County, did a tabletop exercise to see if the different Emergency Management teams could work together. The staff reported that it was a very successful exercise. Regarding the transportation items, she said that the one that has to do with the Long Range Transportation Plan needs to be done tonight. There is another item that has to do with the Transportation Improvement Plan. Commissioner Carey proposed to the Board to adopt a resolution at the December 10t" meeting in honor of Jake Wicker's contribution to the State of North Carolina over the last 50 years. He lives in Orange County and has been helpful to the Board on several occasions. He is retired and Commissioner Carey thinks that the Board should express its appreciation to him. The School of Government is raising funds to build a roam to be named far Jake Wicker and they are accepting contributions. He would like to ask Mr. Wicker to come and receive the resolution at the December 10t" meeting, if his health permits. Commissioner Jacobs thanked all that supported him and especially his wife, Robin. Commissioner Jacobs said that he attended two meetings at Triangle J and they were both Mayors' meetings. They spoke about raising taxes to come up with $1.3 billion to fund almost $8 billion in unmet transportation needs for the region. He said that if we have a smart, intelligent, and conservative consensus about what we develop in the Triangle, we would not need $8 billion for traffic improvements. The other discussion was about solid waste. They are looking at developing a model C&D ordinance and Orange County is the only county that actually has an ordinance. He was able to answer some of the questions of the mayors about how the ordinance worked. Commissioner Jacobs reported that he received an invitation to a meeting Wednesday night at 7:00 p.m. of the Homeowners of the Transition Area and the developers of Winmore. Several other groups have been invited. They are working toward coming up with some strategies to protect Bolin Creek. It is at the Winmore Land Management Office. Commissioner Jacobs reported that he attended a breakfast for the Cooperative Extension Department. One of questions was how to do a better job of educating the public about Cooperative Extension. A lot of people still think of it as the agricultural extension. There was a slide show and he asked that the slide show be presented to the Board of County Commissioners. Commissioner Halkiotis thanked all for supporting him since 1986 in 5 elections. He has had several significant others, including his mother; his wife, Susan; and his daughter, Christon. He said to the Board that they are all very special people. He said that this Board truly cares about people. 4. COUNTY MANAGER'S REPORT Recognition of Children's Services Staff There are 50 members of the staff, but they could not all be in attendance. John Link recognized Social Services Director Nancy Coston and Chair of the Social Services Board Dee Gamble. This department has received very high accolades from the State Division of Social Services for their quality work. Nancy Coston thanked her staff. Dee Gamble introduced the Directors and Supervisors that were in attendance. 5. RESOLUTIONSIPROCLAMATIONS a. Refunding of General Obligation Bonds The Board considered authorizing the refunding of bonds issued in March 1993 and bonds previously refunded in June 1993. Finance Director Ken Chavious said that this item was to take the necessary actions to allow the County to refund up to $28 million in bonds that were issued in 1993. The current estimate is that by refunding these 1993 bonds, the County could save approximately $1.4 million over the remaining term, which is about 11 years. This would be about $125,000 annually. He has requested permission from the LGC to pursue this undertaking. The plan is to do this in March and it could be piggybacked with the regular bond sale to save some money in the issuance costs. In order to do the refunding on schedule, the Board has to take some actions. The first action is to introduce the bond order for the refunding bonds. The Board does not have to vote on the bond order introductions. The second action is for the Board to adopt a resolution that establishes January 21 S` as a public hearing on the refunding bond order. The resolution also authorizes the Finance Director to file the sworn statement of debt and authorizes the Clerk to publicize the notice of the public hearing. All appropriate documents have been prepared. Chair Brown read the bond order title as follows: The Bond Order Authorizing the Issuance of General Obligation Refunding Bonds in the Maximum Amount of $28 Million. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to adopt the resolution setting a date for a public hearing, authorizing the Finance Director to file a Debt Statement, and authorizing the Clerk to publish a Notice of Public Hearing as stated below: RESOLUTION SETTING PUBLIC HEARING AND AUTHORIZING FILING OF DEBT STATEMENT WHEREAS, there has been introduced at this meeting a bond order entitled as follows: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $28,000,000 AND WHEREAS, Section 159-57 of the General Statutes requires that a public hearing be held on such bond order prior to its adoption, Section 159-56 of the General Statutes requires publication of a notice of such hearing, and Section 159-55 of the General Statutes requires the filing of a statement of the County's debt with the Clerk to the Board prior to the public hearing; BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina, that a public hearing on each such bond order will be held at 7:30 p.m. (or as soon thereafter as the matter may be heard) on January 21, 2003, at the F. Gordon Battle Courtroom in Hillsborough, North Carolina, and that the Clerk to this Board is authorized and directed to publish a notice of such public hearing, in the form provided for in Section 159-56 of the General Statutes, one time, not less than six days prior to such hearing date, in a newspaper having general circulation in the County; AND BE IT FURTHER RESOLVED that the County's Finance Officer is authorized and directed to prepare and file, prior to the publication of the notice of public hearing, a sworn statement of the County's net debt in the form prescribed by statute. VOTE: UNANIMOUS b. Resolution Regarding DCHC 2025 Long-range Transportation Plan The Board considered a resolution providing comments to the Durham-Chapel Hill-Carrboro {DCHC} Transportation Advisory Committee {TAC) regarding the Draft DCHC 2025 Long-Range Transportation Plan. Chair Brown asked Commissioner Gordon to tell the Board about this resolution. Commissioner Gordon said that she would like the Board to identify any parts from which we need response from the jurisdictions or other agencies. Commissioner Halkiotis asked if Planning Director Craig Benedict could give a brief review of the alternatives. Karen Lincoln handed out information from two October 2001 meetings. One of the primary issues of the package is the Elizabeth Brady Road extension. Karen Lincoln said that there are three areas of concern that Orange County may want to address. The first is the Northern Durham Parkway. The consensus of the group was that Orange County wants some assurance from Durham City and Durham County that this roadway will not extend west of Roxboro Road in Orange County. The second is Elizabeth Brady Road. Commissioners Gering and Chavious of Hillsborough, Karen Lincoln, and Commissioner Gordan met to try and come up with a common stance on the Elizabeth Brady Road project. Most of the group agreed that they would like to include language that an alignment that has or considers the least impact on the Eno River should be encouraged. Craig Benedict showed the possible alignments on a map. The third deals with the major concern of non-traditional revenue sources proposed in the plan. The plan has a $947 million shortfall between the proposed projects and projected revenues using traditional sources. The plan is proposing a 5°~ tax on the retail price of gasoline, an increase in personal property tax and vehicles, and a $20 yearly increase in vehicle registration fees. Orange County's view is that these revenue sources should be further analyzed and discussed before anything is adapted. Commissioner Gordon distributed the language concerning the Elizabeth Brady Road extension, and noted the sections on which the group agreed and those for which they could not reach consensus. There was no consensus on the lane configuration. The plan now is a four-lane divided highway. Orange County prefers two lanes and Hillsborough prefers four lanes. She said that the plan needs to identify a corridor, a cross section {two or four lanes}, a dollar amount, and a statement about whether it is regionally significant. She asked the Board to discuss what they want for this project. Commissioner Halkiotis asked Craig Benedict about Hillsborough's preferred route. Craig Benedict said that any of those first three choices were fine with Hillsborough, but they do not want to underrate the road. They did say that collector roads in and around Hillsborough should be similar to Carrboro's and not be more than three lanes. He was not at the meeting last week in Hillsborough. Chair Brown asked about the two alternative routes and how many houses were in the way of this project. Karen Lincoln said that these were just lines at this time and they do not know how many houses it would affect. She said that the estimate is that there would be 22,000 trips per day on this road, so DOT decided that four lanes with bicycle and pedestrian amenities would be appropriate. Commissioner Gordon asked about the modeling and Karen Lincoln said that the model map indicated that the level of service would not be different on a two-lane versus a four-lane road. Commissioner Jacobs said that Orange County's preference has been pretty clear through the statements. He said that the Board favors an alignment that has the least impact on the Eno River, the natural environment, and cultural sites. This is what the EDD work group was saying. He said that we could say, "has the least impact" and take out "an the river." It also indicates that the County prefers having a smaller facility if possible. This is also consistent with the EDD work group's recommendation. Commissioner Gordon said it would be fine to take out "on the river", but that is what the EDD work group said. Commissioner Carey would like to remove "an the river" because the real impact is going to be in the environmentally sensitive area. He thinks that this Board needs to send a message and the Hillsborough board needs to send its own message. Commissioner Jacobs said that a large part of the genesis of the EDD Transportation Work Group in its effort to look at the Elizabeth Brady Road Extension was an attempt to bring in all of the stakeholders and to try and reach some consensus statement about this facility. He said that the members of the work group felt like they achieved that. He feels comfortable standing by what the group said. Commissioner Gordon made reference to `b' and said that it is not clear whether the alignment needs to be modeled or not. She thinks that if it does the Board should ask for it by December Stn Karen Lincoln said that the alignment does not have to be modeled. Commissioner Halkiotis asked about the stretch of US 70 dawn east that becomes four lanes and then goes back to two lanes. He asked if this was the thinking for this road and if it was expected that US 70 would be four lanes in the next 10-15 years. Craig Benedict said that DOT is trying to match the roadway for the 2025 plan. He thinks that reserving the right-of-way for four lanes should be done. There may be sections of US 70 that could be four lanes. Chair Brown summarized what the Board wanted. For `a', the Board wants option1, for `b', the Board wants 1 a, and for c, the Board wants 1. There are some changes in the language on b1 a, "that has the least impact on environmental and cultural resources." Commissioner Gordon clarified what "four lanes if necessary" meant. The Board wants two lanes, but money will be put aside for four lanes. Commissioner Jacobs said that he thinks we are saying that we want to see the modeling before we make a commitment to four lanes ar two lanes. Chair Brown suggested taking out the reference to four lanes. Commissioner Carey said that it should be left in. The Board will vote on the dollar amount that is currently in the plan, with the four lanes. Commissioner Halkiotis said that he hopes that the Board is kept posted an the non- traditional revenue sources. He is concerned about doubling the tag fees and increasing taxes for vehicles especially when DOT has a huge Highway Trust Fund. Commissioner Gordon made reference to the Revised Northern Durham Parkway and said that this is what was called option 7 by the TCC. It is now called the Revised Northern Durham Parkway. There is supposed to be language that is circulated among the TAC representatives. She asked Karen Lincoln about the language. Karen Lincoln said that it was for future reference that dealt with any future major roadway that would be proposed far any county, that it would not extend into any neighboring county, unless that county was in agreement. It was not specific to this road. Chair Brown asked what we are doing with this. Commissioner Gordan said that the question is whether to input this resolution as it is, or wait to see what happens with other jurisdictions. The Board decided to wait on this resolution. There was consensus that Commissioner Gordon has authorization to convey the sentiments of the Board on Elizabeth Brady Road, and also officially ask that on December 4tH, that Durham City Council and Durham County Commissioners ensure by resolution that there will be no westward extension of the corridor. The Board will vote on the resolution on December 10tH 6. SPECIAL PRESENTATIONS a. Tuscany Ridge Subdivision The Board received information on five issues raised at its Nov. 6, 2002 meeting concerning the Tuscany Ridge subdivision. Planning Director Craig Benedict gave an update on the Tuscany Ridge subdivision. This subdivision was approved by the Board of County Commissioners on June 27, 2002. He said that since the approval of this there have been several issues that have been brought up -water resources, environmental issues, etc. There have been reports provided to the Board and to the public addressing the majority of the technical issues. In November, there were five more issues brought up by this Board that warranted some additional research. These items are on page three of the agenda packet. 1. A letter was sent to DOT about the paving of Arthur Minnis Road and no direct comments have come back from DOT about their position. 2. County Attorney looked at legislative changes on how roads are paved in the County based an previous and new regulations. Geoff Gledhill has provided a letter describing the new regulations. Geoff Gledhill said that DOT is required to condemn for secondary road improvements when one or more property owners refuses to dedicate the necessary right-of-way when at least 75°~ of the owners of the majority of the road frontage adjacent, petition to pave the road and provide DOT with the money necessary to do the condemnation. Chair Brown asked how this relates to this subdivision. Geoff Gledhill said that DOT said that this situation meets this particular standard. There are people who have voluntarily dedicated right-of-way and in terms of numbers and frontage, this meets the requirement. 3. Contact DOT about issues of water drainage. DOT has gone into the field to look at culverts. If there are any improvements to the road, then DOT will look at it and make sure the culvert sizes meet the drainage standards. DOT has talked with the developer and the developer wants to proceed with the paving of this road and DOT must enter into an encroachment agreement. 4. Contact Sheriff's office regarding any accidents. The Sheriff's office is working with the State on accident reports in this area. Transitions from paved to gravel areas are a concern. 5. Contact developer about reducing density and planning open space development. There have been discussions with the developer by Planning staff and ERCD to look at the possibilities of conservation quality on this site. 6. Paving of Arthur Minnis Road. Far the last few months, the County Commissioners have asked DOT not to proceed with paving the road that was on the secondary road improvement program. Staff is looking for direction from the Board as to whether DOT should proceed with allowing the developer to pave the road. The developer has come forward and offered to fully fund the paving of this 800-foot section of road. If the Board wants to ask DOT to do something atypical and leave the road where it is, then the Board would have to go back to the Resolution of Approval and remove the condition about paving the road. Commissioner Jacobs made reference to an email from DOT from November 21 ~. He verified that DOT has granted an encroachment to the developer to pave the road. Craig Benedict said that DOT might honor a request from this Board to withhold the encroachment agreement. Commissioner Jacobs said that he got calls from two legislators. One legislator was saying that he was involved solely at the request of a citizen who was interested in getting the road paved that traveled this section but did not actually live in this section. The other legislator said that, as far as they were concerned, if the people along this section of road did not want it paved, that was good enough for them and it should not be paved. Commissioner Halkiotis asked about the email from DOT. He said that this is secondhand information that these issues have been resolved. He does not believe that all issues have been resolved. He has not received the information he requested about accident rates on unpaved surfaces in Orange County. He still has the same concerns that he had a couple of months ago. John Link said that he did talk with DOT District Engineer Mike Mills shortly after the last meeting that this was discussed. His understanding from Mike Mills is, based on the present requirements of the approved Tuscany Ridge, the road is to be paved. The developer says that he will pay for it all. If the Board takes no action, the developer will pave the road. However, if the Board rescinds its action that the road be paved, then the road will not be paved. Either way, the development will proceed, assuming the developer meets all the other criteria in the resolution of approval. Commissioner Carey said that he does not think it would be in the best interest to rescind the decision to pave the road. Citizens have been lobbying for years to get unpaved roads paved. He cannot see the Board going contrary to its previous policies and taking an action that would promote that this section of the road not be paved. If the Board does nothing, the road will get paved and at the cost of the developer. He said that paving 800 feet is better than not paving any. Commissioner Jacobs asked if DOT at some point may want to pave all of Arthur Minnis Road. He asked if it is possible to leave the requirement that the developer pay far the paving of the road and hold the money in escrow until the rest of the road can be paved. Geoff Gledhill said that he sees it taking a long time to work out. If the County wants to change the condition of approval to not require the paving of the road, but to secure the paving of the road for same future time when DOT gets everything worked out for the paving of the entirety of the road, he thinks it could be done. He is hesitant because he does not know how long in the future it would be before the entire road could be paved. Commissioner Halkiotis said that he is supportive of what Commissioner Jacobs said regarding paving the entire road. Commissioner Carey asked Geoff Gledhill what would happen if the County requires the developer to pay for this and the cost escalates beyond what is in escrow. Geoff Gledhill said that DOT would pay for 100% of the road. No cost would be borne by the County. Commissioner Jacobs said that he is sympathetic to the residents that donot want this road paved. He thinks that the trend is to get the road paved because it is a connector road in the County. He does not want to jeopardize the relationship that the County has with DOT. Geoff Gledhill said that he recommends that he bring back a revised resolution of approval that is similar to what Commissioner Jacobs is suggesting. Commissioner Gordon said that if we take this approach, she would like to see something that takes everyone's concerns into consideration. Commissioner Jacobs asked to defer the motion until the County Attorney comes back with a revised resolution. This item will be brought back in January. PUBLIC COMMENT: Jahn Ingersoll re-emphasized the safety issue on where the pavement will end. He said that paving the 800 feet would make the pavement end at a corner. The speed limit is 55 mph and this would not be safe for this corner. He asked that the revised resolutions be made available to the public for review. b. Business System Software Award of Praposal(Contract The Board received information concerning the replacement of the County's business system software in anticipation of considering a bid at its December 10, 2002 meeting. Jahn Link said that for 30 years the County has had the same operating system and now it is time to change the system in order to pull information together for the Board of County Commissioners. Finance Director Ken Chavious presented information on the proposed replacement of business system software. The system has been modified over and over for the past 20 years. The replacement of this system is a part of the replacement of all Legacy systems in the IT Strategic Plan. The Legacy systems have already been replaced in the Register of Deeds, Sheriff's Department, Planning and Inspections, and Board of Elections. The process for this replacement began in 1998. The needs assessment was completed in late 2001 and an RFP was done in early 2002. The County received eight responses to the RFP. The pool was narrowed to three firms. The selection team is recommending the MUMS system. MUNIS has 52 successful North Carolina installations. MUNIS also had the overall lowest cost. He spoke about the advantages of the MUNIS system. The implementation of the system would take approximately six months. If this is begun in mid-December, it will not interfere with the budget and CIP processes. Regarding project management, the team proposes a project manager similar to what the County had far Y2K. This is needed with the constraints on the current staff. The project manager is included in the MUMS contract and the cost is $57,200. The total cost of the contract will not exceed $480,000. The proposal is that the system be financed through an existing loan that the Board has already approved for some landfill equipment that has a 3.75°lo interest rate. The casts of this contract are currently in the IT plan. Commissioner Carey verified that the $480,000 includes all of the training necessary for all of the County staff. Commissioner Halkiotis said that we pay a significant price for technology and that it is a shame that counties cannot come together and get a package deal an a consistent project. He supports this, but it is so expensive. Commissioner Jacobs asked about the money to pay for this. Ken Chavious said that it was budgeted for the current year and in future years, funds from the IT plan would be used to cover it. Commissioner Carey asked if $480,000 includes hardware and Ken Chavious said no, but it will be included in the Information Technology plan. Commissioner Gordan asked about the Information Technology Committee and why this is a good thing to do. The Chair of the Information Technology Committee, Joel Dunn, spoke and said that they have worked very closely with this team. The committee feels comfortable recommending this proposal. The committee wrote a letter of recommendation to go with the information. Commissioner Gordon asked if the cost was reasonable. The Chair of the IT Committee said that this package would be comprised of hundreds of thousands of programs. It takes many years of effort to write these programs. The program will provide the County with a significant amount of additional efficiency, which will help the staff do the additional things that need to be done. Commissioner Carey asked about the support needed for this software through the company. Ken Chavious said that the people the County would be working with are located in Raleigh. The major headquarters is in Maine, but they have a Raleigh office. Commissioner Carey asked if the $480,000 include future amendments to the program to upgrade and improve it. Ken Chavious said that he understands that any upgrades to the software will be automatically sent to the County. Purchasing and Central Services Director Pam Jones said that there is an annual maintenance fee. The bid far this will come back at the meeting on December 10, 2002. 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA a. Minutes-with pink correction sheet The Board approved minutes of the following meetings: Oct. 9, 2002 work session; Oct 9, 2002 regular meeting and JPA public hearing; and, Oct. 15, 2002 regular meeting. b. Appointments The Board made the following appointments: 1) Commission far the Environment -Two Reappointments The Board reappointed Annette Jurgelski and Richard Pratt to second terms expiring on December 31, 2005. 2j Cable TV Advisory Committee -One Reappointment The Board reappointed Rodney Recor to a second term expiring on December 31, 2004. 3) Board of Health -One Appointment The Board appointed Dr. Jessica Y. Lee for a partial term expiring on June 30, 2004. c. Property Tax Refunds The Board approved the resolution, which is incorporated herein by reference, approving three property tax refund requests in accordance with N. C. General Statute 105-381. d. Property Value Changes The Board adopted a resolution, which is incorporated herein by reference, approving value changes made in property values after the 2002 Board of Equalization and Review adjourned. e. Applications for Property Homestead Exemption The Board approved untimely requests for granting homestead exemptions for the 2002 tax year. f. Late Applications for Property Homestead Exemption The Board approved applications for 2002 homestead exemption for seven applicants. g_ Examination of Bonds The Board approved maintaining the bonds at their present levels for the Sheriff, Register of Deeds, Finance Director and Tax Collector, and other County employees as required by NCGS 109-5. h. Lands Leaacy Annual Action Plan - FY 2002-2003 This item was removed and placed at the end of the consent agenda far separate consideration. i. Appraisal Contractual Agreement The Board approved and authorized the Chair to sign a contract with Johnson and Knight Appraisal Services in the amount of $9,500 for the appraisal of the General Electric property in Mebane. L Lease Approval - 501 W. Franklin St, Suite #105; and Authorization of County Manager to Execute a Potential Agreement During Winter Break The Board approved and authorized the Chair to sign a lease far Terradotta.cam for the term December 3, 2002 through December 2, 2003 for a monthly rental fee of $650; and authorized the County Manager to execute a lease as may be necessary during the Boar's winter break. k. Work First Block Grant Local Plan The Board approved the two-year Work First Plan. I. Indirect Cost Allocation Plan Contract The Board approved and authorized the Chair to sign a contract with MAXIMUS, Inc., formerly David E. Griffith and Associates, in the amount of $9,200 for preparation of the County's 2002 indirect cost allocation plan. m. NCDOT Community Transportation iCTP) Administrative and Capital Grant Application The Board approved the Community Transportation Program Grant application for FY 2003/04 and authorized the Chair to sign the Community Transportation Program Resolution and Annua Certified Statements of participation. n. EMS Transportation Contract Renewal with Orange EMS and Rescue Squad, Inc. The Board approved and authorized the Chair to sign a contract with Orange EMS and Rescue Squad, Inc., through June 30, 2003, subject to final review by staff and the County Attorney. o. Proposed Environmental Summit and Conservation Award This item was removed and placed at the end of the consent agenda for separate consideration. ~ Section $ Project-based Voucher Program Policy This item was removed and placed at the end of the consent agenda for separate consideration. q_ Housing Bond Project Review and Selection Committee Appointments The Board approved the membership of the Housing Bond Project Review and Selection Committee as follows: AHAB Representatives: Stephen Jenks, Tracey Dudley, and Frances Douglas Orange County Employees: Gwen Harvey, Craig Benedict, Ken Chaviaus, and Tara Fikes Town of Chapel Hill: Loryn Barnes Town of Carrboro: James Harris Town of Hillsborough: Margaret Hauth r. Chance in BOCC Reaular Meetina Schedule The Board amended its regular meeting calendar for 2003 by adding a joint meeting with OWASA, the Carrboro Board of Alderman, and the Chapel Hill Town Council on Thursday, January 16, 2003, at a location to be determined. ITEMS REMOVED FROM CONSENT AGENDA h. Lands Legacy Annual Action Plan - FY 2002-2003 The Board considered a draft Lands Legacy action plan for fiscal year 2002-2003. Chair Brown asked Environment and Resource Conservation Director Dave Stancil if this could wait until the Board retreat and Dave Stancil said yes. The Board agreed to address this at the retreat in January. o. Proposed Environmental Summit and Conservation Award The Board considered a proposal by the Commission for the Environment to hold an environmental summit in March of alternating years to bring together members of environmental organizations and present the State of the Environment report and a proposed new Orange County Conservation award. Chair Brown asked to leave out the award this year until there is more specific information and put forward the achievements that Orange County has made in the efforts of environmental protection. Commissioner Jacobs said that there is a Paulie Murray Award for an individual and an organization. He questions whether there should be mare than one award (individual, organization, business, etc.} so that it is less of a single shot. Commissioner Gordon asked if this could be passed without the awards and it was answered yes. The Board approved the Commission for the Environment's proposal and authorized the Commission for the Environment and ERCD to plan and organize an Orange County Environmental Summit for March 29, 2003. ,~ Section 8 Project-based Voucher Program Policy The Board considered approving a Section 8 project-based voucher program policy under the County's Section 8 housing voucher program. Chair Brown said that this came forward and she pulled it off so that the public (affordable hauling community and recipients of Section 8 vouchers} knows why we are doing this. Housing and Community Development Director Tara Fikes said that they have already had discussions with the Affordable Housing Advisory Board and affordable housing advocates. Regarding the Section 8 population at large, they probably need to think more about education and getting the information out there. Commissioner Jacobs said that it is his understanding that one of the problems is that the average rental prices in Orange County are often higher than what HUD had been allowing. He made reference to the sentence, "A family is ineligible for the program if more than 40°~ of its income has to be used to pay rent in the first year." He asked if a lot of people who are forced to pay high amounts for rent because of the market here are being rendered ineligible under the standards of the program. Tara Fikes said that what it says is that a person should not pay any more than 40% of their income for rent. The purpose of the program is to prevent people from paying more than 40% of their income for rent. The Board approved the Section 8 Project Based Voucher Program Policy under the County's Section 8 Housing Voucher Program. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the consent agenda as stated above. VOTE ON CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA Item 9-d will be referred to Commissioner Gordon and Commissioner Jacobs. Commissioner Gordon asked which of the items need to be addressed tonight. John Link said that there were people here for the Telecommunications Tower Ordinance Amendments and Eno Ridge subdivision. a. Telecommunications Tower Ordinance Amendments The Board considered closing the public hearing and considered amendments to the County's telecommunications tower ordinance. Craig Benedict said that there have been many discussions with staff, consultants, and the industry about how to update this ordinance. This is an overhaul to the existing ordinance. Some of the height requirements have been changed. The Board of County Commissioners will see applications for towers that are under 200 feet if the industry is not providing at least four users on the tower. Each year, there will be an annual telecommunication projection meeting to find out where the industry wants to put towers throughout the year. They are promoting co-location on existing electrical transmission lines. The technical standards for review are higher. The ordinance is requiring periodic inspections and engineering certification of new towers that are put in the County. There is a placeholder in the ordinance for a Master Telecommunication Plan. It is not part of the ordinance tonight. There is also a visual impact analysis. The fee schedule has been greatly revised. There is an escrow agreement where fees will go in escrow for a consultant hired by the County in reviewing the applications. There were some things added by the Planning Board (minimal light diffusion, fall zone, inspections}. The Planning Board approved the amendments with a 5-4 vote. The Planning Board was concerned about how the Master Telecommunication Plan would play into this. The administration recommendation is to approve the amendments with one change. On page five, recommendation number eight, the Planning Board asked that the industry just has to provide the standards in place at the time the tower was originally installed for something that is less than six years old. Administration's recommendation is that we stay with having the industry provide what the current regulations are as far as the structural integrity of the tower. The administration recommends approval of the amendments and of the fee schedule, which will be effective upon approval. Commissioner Gordon said that she has a lot of questions. She would like to hear the public speak and then put this on a consent agenda at a later time. She can get answers from the staff before the next meeting. Public Comment Gary Pennington from Verizon Wireless spoke and encouraged the Board to pass the amendments. He said that this ordinance has been debated at length. His only objection is the fee structure. The decision on this item was deferred to December 10, 2002. b. Eno Ridge Subdivision (Formerly James Woods) Preliminary Plan The Board considered a preliminary plan for the proposed Eno Ridge subdivision. This project is located in Cheeks Township on the west side of Frazier Road between West Lebanon Road and US 70. There are 32 lots with an average lot size of .975 acres. Craig Benedict said that this project was originally known as the James Woods subdivision. The applicant has worked with staff to amend the plan from its conventional design to add more open space (31 %). The original plan only had 10°~ open space. The open space will be maintained by the homeowners association. There is only one access point from Frazier Road at this time. The developer has agreed to put in a center left turn lane into the project. The project will be serviced by individual well and septic systems. Administration recommends approval of the subdivision as amended. Commissioner Gordon verified that all of the neighbors were notified. Commissioner Jacobs asked about number six on page four and the possibility of extending public water services from Orange/Alamance. He asked if there has been any change. Craig Benedict said that Orange/Alamance services some customers in this general area, but not a compact network of users. Orange/Alamance has not developed a master plan to determine the ultimate boundaries. This is outside of Orange County's transition area. There is a trend towards a lot of units in this area. If this pattern continues, then urban services may be necessary in this area. Geoff Gledhill said that the Orange/Alamance connection was part of the conventional plan and is not part of this resolution of approval. Commissioner Jacobs said that he was just asking about it because it had been discussed before. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the preliminary plan for Eno Ridge Subdivision in accordance with the resolution of approval, which is incorporated by reference. Commissioner Jacobs said that he appreciates that this developer has gone beyond the minimum requirement. He said that the choice of this versus a flexible open space reveals some of the flaws in our current process. He said that this is suburban/urban development in an area that still has rural water and sewer. If it is going to be this dense, then it should be developed in more of an urban model. VOTE: Ayes, 4; No, 1 (Chair Brawn -agrees with Commissioner Jacobs' points above) c. Adams Tract -Potential Participation The Board considered potential participation with the Town of Carrboro in acquiring the 29- acre Adams tract in Carrboro. Jahn Link said that the Board generally supports coming up with some process with Carrboro by which the Adams Tract could be preserved. Dave Stancil crafted a paragraph that he recommends the Board support. He read the statement as follows: "Orange County supports the Town of Carrboro's Clean Water Management Trust Fund application and is willing to participate with the Town of Carrboro in providing a local government match for the tentative grant award, the detail of which will be defined by January 31, 2003." This language would be conveyed to the State officials to assure that the grant would be approved in its tentative status. Dave Stancil said that the Trust Fund Board would be meeting an December 10t" during the day. This statement would allow the statement of support to be considered by the Trust Fund Board. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to adopt the general statement of support as stated above, and to forward it on to the Town of Carrboro and the State. VOTE: UNANIMOUS d. Resolution Submitting Comments to NCDOT and DCHC TAC Regarding Draft 2004- 2010State Transportation Improvement Plan Commissioner Gordon and Commissioner Jacobs will address these items. e. Chapel Hill Horace Williams Tract Citizens Committee The Board was to consider an appointment to the Chapel Hill Horace Williams Tract Citizens Committee. POSTPONED UNTIL 12/10/2002 f. Arts Commission -One Appointment The Board was to consider one appointment to the Arts Commission. POSTPONED UNTIL 12/10/2002 q: Commission for the Environment -Three Appointments The Board was to consider three appointments to the Commission for the Environment. POSTPONED UNTIL 12/10/2002 10. REPORTS 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to go into closed session: "To consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board," NCGS § 143-318.11(a}(3}. one of which is Childers vs. Orange County {amended) "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}. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to reconvene into regular session. VOTE: UNANIMOUS 14. ADJOURNMENT A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to adjourn the meeting at 11:25 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board