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HomeMy WebLinkAboutMinutes - 20031105APPROVED 03!0412004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 5, 2003 7:30 p.m. The Orange County Board of Commissioners met in regular session on Wednesday November 5, 2003 at 7:30 p.m. at the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown and Commissioners Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr. COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. 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. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 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 wifh 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 thaf a genuine commitment to this public charge is observed 1. ADDITIONS OR CHANGES TO THE AGENDA None 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda Nettie Lassiter distributed a handout to the County Commissioners. She lives at 302 West Queen Street. She spoke about a noise issue from the new chiller at the Whiffed Building. Since the installation early in the summer, the residents have lived with ahigh-pitched noise 24 hours a day. People from the neighborhood have called the Orange County Public Works Department about the noise. The noise can be heard from inside their houses at night and is a constant irritant. They are concerned for children using the grounds and the possibility of hearing damage. They are concerned that there are plans for a playground close to the chiller and its high-pitched noise. They are concerned for the sanity of the people in the neighborhood. They are concerned for the people who use and work at the Whiffed Building. They are circulating a petition among concerned citizens, neighbors, and users of the Whitted Building and they are in communication with a bio-acoustician, who has offered to record and analyze data regarding the noise. They are in communication with an industrial environmental noise investigation agency. They have spoken with the installer of the chiller. They request that the County Commissioners spend some time at the Whitted Building listening to the chiller. She said that last Friday they stopped Commissioner Carey and had him listen and last night they informed Commissioner Jacobs and he went to listen. They ask that this noise be addressed and fixed as soon as possible. They also request that the solution be a permanent ane. Commissioner Halkiotis asked who she spoke with at Public Works and she asked her husband, Jamie Tippens, to speak about this. He said that he spoke to Public Works Director Wilbert McAdoo, who said that they were in the testing phase during the summer and far the residents to be patient. As time has gone by, he has talked with others and they said that this can be fixed. He spoke with Wilbert McAdoo last week and there is a plan to put some insulation on the north wall of the Whitted Building, which should keep the sound from bouncing out into the direction of the neighborhood. He thinks this does not address the noise itself. He said that the installer thought that it would be possible to reduce the noise. Commissioner Halkiotis asked what the installer said. Mr. Tippen said that the installer said that there is a muffler that can be put on it. Commissioner Jacobs said he listened to the noise last night and he does not understand how that noise wauld be considered satisfactory operating equipment or how the staff has allowed it to go on without addressing it. He asked John Link to get it fixed and report back at the next meeting. John Link said that he will address this. He asked Ms. Lassiter to share with Greg Wilder any contacts she may have. business. Chair Brown announced that Commissioner Carey is out of town this week on b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Jacobs reported that he attended the opening of the Spring Glen Residential Services community that the County helped to fund through bond money for seniors with developmental disabilities. There is only one room out of the 16 that is not occupied. Commissioner Jacobs said that Northhampton County officials were appreciative of Orange County staff after Hurricane Isabel and he asked John Link to acknowledge these staff at a future meeting. Commissioner Jacobs said that he heard a report that 77°~ of solid waste that was generated from the 250t" Agricultural Heritage Festival was recycled. The North Carolina State Fair had no recycling containers. Commissioner Jacobs said that, in reference to the issues of possible merger, that Rod Visser will accompany him to East Chapel Hill High School on November 18t" to speak to the student government assembly. He will be giving some basic information. Commissioner Jacobs said that he and Chair Brown are still working with the CHCCS Board regarding the Smart Growth principles for the third high school. The last step is for the Planning Directors (Orange County, Chapel Hill, and Carrbara) to get together and talk about passage of bond issues for sidewalks. Commissioner Jacobs said that he got a call about the backlog of inspections and he wants to know where we are on this issue. He would assume that the increase in revenue could help break up the backlog. He would like to have an answer for people on this issue. Commissioner Jacobs wants to learn more about traffic control at schools. He tried to drive around Grady Brown Elementary and Cedar Ridge High School in the morning, and it was gridlocked. He asked what the Sheriff's Deputies roles were in this. Commissioner Halkiotis said that the infrastructure of the roads is totally inadequate for the amount of traffic. There is the same problem in front of A. L. Stanback. At Grady Brawn, parents are actually lining up in the middle lane. Commissioner Jacobs said that there needs to be discussion about whether the unlimited open-ended access is the best solution at schools. Commissioner Jacobs made reference to the joint meeting last week with the Town of Hillsborough and the issue of Fairview Park. He was disheartened that nothing has happened in six months. It strikes him that this is a community that does not know how to play the political game. He would like to have the Manager bring back a plan of who is going to do what and when. The Managers, Public Works Directors, Salid Waste staff, County Engineer, and Recreation and Parks staff need to get together and come up with a plan. He said that the Fairview community is upset about the delay. John Link said that he spoke to staff in Hillsborough today about moving forward with this project. Part of the process is that Hillsborough needs to determine the scope and location of their Public Works facility. He has contacted Environment and Resource Conservation Director Dave Stancil and they are moving forward. Commissioner Jacobs congratulated the people who were elected or re-elected last night. Commissioner Gordon made reference to her handouts. The deep pink has to do with item 6-b, the Progress Report on Housing Bond Expenditures. The light pink has to do with item 8-a, and is clarifications to the August 19th regular meeting and October 16th public hearing. There is also a gray sheet from the Assembly of Governments meeting. Commissioner Gordon said that Sharon Cook called her today and she wanted to ask how the Homestead Road and High School Road committee forming was going and where it stands. She would like to see this proceed forward and get the committee going. Commissioner Gordan made reference to the Triangle Transit Authority, and she passed around the State and Federal Legislative Action Plan and the Regional Bus Service Standards. Copies are available. Commissioner Gordon said several County Commissioners went to the Rashkis Elementary grand opening along with Chair Brown, who made remarks. She recognized Commissioner Halkiotis, who helped design the school. She said that Mr. and Mrs. Rashkis were there and were honored. She was interested in the essays from the students. Commissioner Gordon congratulated winners of elections from Chapel Hill, Carrboro, Hillsborough, and the school board. Commissioner Gordon asked for a report on the dysfunctions of the computer reporting from the election. Commissioner Halkiotis also congratulated the people who ran for office and the winners. Commissioner Halkiotis asked the Sheriff or the Manager to do a fallow-up letter about traffic enforcement along US 70-A. He has not seen any enforcement yet. Also, work seems to have ceased on the flashing light that was supposed to go up. Commissioner Halkiotis asked to have in the agenda packets next week at the work session some information that he requested a couple of weeks ago in regards to names and job titles of all non-teaching employees in both school systems. He has heard comments made at the public hearings that the central office staffs of both school systems were the same. He does not believe this is true. He wants the names and the job titles. He wants to know if they are regular or contract employees. Also, he would like to know how many network-able computers are at each school. There are parents in CHCCS who are under the assumption that there are no computers in the OCS and they are going to have to shift the equipment from CHCCS to OCS. He added that this is not a lot of work to do. Chair Brown said that their joint meeting with the Town of Hillsborough Board was interesting and successful. Both Planning staffs agreed to bring forward in the spring some documents about creating a different water and sewer boundary with a rural buffer. She is also interested in the transportation issue. She said that she and Commissioner Jacobs met with Mayor Foy and others to look at the future as to what the public transportation needs are going to be for the southern end of the County. One of the main things they discussed was information about how many children actually ride buses. This number has dropped over the past few years. They also discussed the idea of informing children about public transportation and how it affects them and how they can use public transportation. There are approximately 500 students per high school that drive to school. Chair Brawn referred to the gray sheet and said that she also got a call from Sharon Cook about farming a joint citizens group to address the Homestead Road traffic issues at the high school. This is also strongly supported by the Towns of Chapel Hill and Carrboro. She asked Commissioner Gordon if she was interested in leading this process. Commissioner Gordon asked staff to develop a proposal to send to other jurisdictions for approval. She would like to see this on the November 18th meeting to adopt a proposal. Commissioner Gordan agreed to take the lead, but she wants the staff to draft the proposal first. Commissioner Jacobs painted out that there is some commonality on this issue and transportation issues at the third high school. There was some discussion at the meeting with Chapel Hill about the idea of trying to deal with multi-modal opportunities at all schools in the County. John Link said that the night Sharon Cook came to speak there was emphasis placed on law enforcement -Sheriff and/or Town of Chapel Hill and Carrboro -and that something be done more immediately. Chair Brawn said that the Sheriff responded to this within the next four days with deputies. The Sheriff was going to come back with a report. Commissioner Gordan said that law enforcement should be represented in this group. 4. COUNTY MANAGER'S REPORT John Link said the town clock in Hillsborough would be operational by this Friday. This is a culmination of two years of work with the Town, the County, and the Historical Alliance of Hillsborough. 5. RESOLUTIONS OR PROCLAMATIONS a. Hospice and Home Care Month The Board considered a proclamation designating November 2003 as "Hospice and Home Care Month" in Orange County and authorizing the Chair to sign the proclamation. Development Director at Duke Health Community Care Helen Poole said that home care services help people to gain a level of independence and their hospice services help people die with dignity. She thanked the Board for this consideration. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: HOSPICE AND HOME CARE MONTH NOVEMBER 2003 WHEREAS, in-home health, hospice and community based services provide for an individual's health and social needs across the continuum of life -compassionate care which serves expectant mothers, infants, children, adults, the disabled and elderly, and also provides love, comfort and support at the end of life; and WHEREAS, in-home health, hospice and community based services enable Orange County residents to access a wide variety of quality health and social services, including preventive care, acute care, sustainable long-term care and palliative care; and WHEREAS, these services include care provided by home health agencies, licensed home care agencies, hospice agencies, adult day care and adult day health care facilities, and home medical equipment companies; and WHEREAS, in-home health, hospice and community based services build upon a strong tradition of care and compassion, striving to keep families intact and responsible while preserving an individual's independence and dignity in the setting of their choice; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim November 2003 as "HOSPICE AND HOME CARE MONTH" in Orange County, and urge all Orange County residents to celebrate all in-home and community based services. This the 5t" day of November 2003. VOTE: UNANIMOUS b. Grief Awareness Week The Board considered a proclamation designating November 2 through 8, 2003 as "Grief Awareness Week" in Orange County and authorizing the Chair to sign the proclamation. Helen Poole said that North Carolina is the first state to recognize Grief Awareness Week. Over 72,000 people in North Carolina die each year. It affects at least 10-12 family members, and this is not including friends, co-workers, etc. Grief is often overlooked. This is giving them the opportunity to go into the community and share with people how they can deal with their grief. She also distributed a handout with the activities listed for Hospice and Home Care Month. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION GRIEF AWARENESS WEEK -November 2-8, 2003 WHEREAS, there are approximately 2 million deaths in the United States each year, with each directly affecting 10-12 family members (excluding good friends and close colleagues}, thus having an impact on approximately 20 million people; and WHEREAS, in North Carolina, there are approximately 72,000 deaths each year; and WHEREAS, natural disasters like Hurricane Floyd, tragic deaths like those of September 11, 2001, suicides and school shootings touch countless lives and continue to have an impact long after the initial event; and WHEREAS, grieving is a natural and normal response to death and other losses and is a healthy way for people to take care of themselves; and WHEREAS, cultural traditions and religious institutions have historically recognized the need for community mourning rituals and individual grief expressions; and WHEREAS, all Orange County residents are urged to be sensitive and supportive of their families, neighbors, friends, and colleagues who are adjusting to a significant loss in their lives; and WHEREAS, a week set aside for grief awareness will enhance solidarity with our human mortality and our common need for mourning and healing and will promote spiritual, mental, physical, and emotional health; and WHEREAS, we urge all Orange County citizens during this week to remember and support those who have experienced a significant loss in their lives; and WHEREAS, we urge all Orange County citizens during this week to participate in community activities and educational events to increase their own knowledge of the grief process so that neighborhoods, faith communities, and workplaces can create a mare healing environment for those in grief; NOW, THEREFORE, da we, the Orange County Board of Commissioners, hereby proclaim November 2"d through the 8t" as GRIEF AWARENESS WEEK in Orange County, in recognition of every person's right to grieve in the face of death and loss. This the 5`" day of November, 2003 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Triangle Family of Communities Campaign The Board considered an informational presentation on the "Triangle, A Family of Communities" Campaign and received an "Orange County" Triangle Family of Communities" flag. Communications Manager at the Orange County Visitors Bureau Patti Griffin said that she is here tonight to talk about a communications campaign to build an image and brand that celebrates both the Triangle and the individual cities, towns, and counties that make it great. The mission of the Triangle Family of Communities is to capture the spirit of the Triangle, promote regional pride, and celebrate both the area's independence and shared values. Initially this will involve Wake, Durham and Orange Counties but more counties will be added later on. She said that the Triangle Family campaign won the 2003 Goodman Award for outstanding regional partnership. The ultimate goal of the campaign is to create understanding and appreciation of the Triangle and its individual communities among residents, prospective residents, and visitors. The campaign began with a public service campaign. There is also a website: www.familyofcommunities.com. The success will be measured by follow-up scientific public opinion palls. Flags will be presented to all three initial counties. She presented the County Commissioners with the Orange County flag. b. Orange County Housing Bond Program The Board received a bi-annual report on the 1997 Housing Bond Program. Martha Hoylemen, Chair of the Affordable Housing Advisory Board, introduced other members. She said that the details of the report were sent to the County Commissioners in a memo dated October 27t". In July 2003, the advisory board requested submission of the first semi-annual project reports from all 1997 bond award recipients. The recipients were asked to provide baseline information, bond award information, project timeline, the description of project changes, a marketing plan, and fiduciary information. Six sponsors responded to the request - EmPOWERment, Habitat for Humanity, Orange Community Hauling and Land Trust, OPC Foundation, Chapel Hill Department of Housing, and Residential Services. The sponsors reported on the status of eight projects, with bond awards ranging from $75,000 to $460,000. In the initial round of funding in January 2000, three projects were awarded a total of $690,000. She gave details on each round of the project awards. The advisory board, along with the Housing and Community Development office, will be proposing an updated housing bond policy that includes land banking far the County Commissioners' consideration. After the policy has been adopted, the advisory board intends to recommend that the uncommitted 1997 funds be added to the land-banking fund established from the 2001 housing bonds. There is presently $260,000 in 2001 housing band funds reserved for land banking. The addition of the 1997 uncommitted funds would bring the total available to $612,500. The next semi-annual report will be reported in March 2004 and they will give a report on the 2001 bond projects and the progress of the 1997 projects. Commissioner Jacobs thanked the advisory board. He made reference to Richmond Hills and said that same of the documentation says that it is in Efland and some says that it is in Mebane. He said that it should be consistent in all documentation. He said that there were some questions in the band process in 2001 about why there should be another housing bond when the money from 1997 had not been spent yet. He said that it was gratifying to see the good projects that were funded. Commissioner Halkiotis said that Richmond Hills was definitely in Efland. Chair Brown thanked the advisory board for collecting data on affordable housing. She admires the work of the advisory board. Commissioner Gordon asked about land banking and if the advisory board had plans for how to spend the money. She said that they have not talked about it yet. They are talking about going through another request for proposal process, similar to what they did for the other band money. 7. PUBLIC HEARINGS None 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda far separate consideration. b. Appointments -None c. Budget Amendment #5 The Board approved budget ordinance amendments far fiscal year 2003-04 for Department of Social Services, Department on Aging, and the Sheriff's Department. d. Lease Extension: 110 S. Churton Street This item was removed and placed at the end of the consent agenda for separate consideration. e. Impact Fee Reimbursement The Board approved an impact fee reimbursement request from Habitat for Humanity of Orange County, NC, for $12,000 for four new homes. f. Housing Rehabilitation Contract Award The Board awarded one housing rehabilitation contract for the CDBG Housing Rehabilitation Program for $26,870 to Triple J Construction Co. g,; Fees for Weight Management Programs The Board approved the offering of two weight management programs conducted by the Health Department and authorized the fees for each program at $10 per class or a total of $120 for the Healthy Way Program for adults and $100 for the BodyWorks Program for adolescents. h. Contract with Legacy Research Associates, Inc. for a Cultural and Archaeological Survey of the Northern Human Services Center Park Property The Board approved a contract for Legacy Research Associates, Inc. for a survey of cultural and archaeological resources on the 61-acre property acquired by Orange County for expanding the park facilities at the Northern Human Services Center and authorized the Chair to sign, subject to final review by staff and county attorney, for completion of a cultural and archaeological survey of the Northern Human Services Center Park properly. i. FEMA Designation of Applicant's Agent and Disaster Relief Agreement The Board adopted the resolution, which is incorporated by reference, designating the Finance Director as the County's Agent; approved the agreement; and authorized the Chair and the Clerk to execute the documents. L Approval of Subordination Agreement Related to Hurricane Floyd Mitigation Program The Board approved the subordination agreement related to a refinancing of property acquired by homeowners who participated in the federal Hazard Mitigation Grant Program {HMGP) following damage to their property during Hurricane Floyd in 1999 and authorized the Chair to sign. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered correcting and/or approving the minutes for the following meetings: August 19, 2003 regular meeting and October 16, 2003 Public Hearing on the Potential Impacts of a Possible School Merger. Commissioner Gordon submitted a pink sheet with corrections for the minutes. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to approve the minutes as stated above with correction as submitted by Commissioner Gordon. VOTE: UNANIMOUS d. Lease Extension: 110 S. Churton Street The Board considered extending the lease at 110 S. Churton Street, Hillsborough through June 30, 2004 at a lease rate of $5,566 per month, which represents a 6% increase in the current lease amount; and endorsing the relocation of the Family Counseling Division of OPC Mental Health to the Whitted Building {in conjunction with the Adult Day Treatment Program}; and the relocation of the Human Rights and Relations Department to 501 W. Franklin Street, Chapel Hill; and authorizing the Chair to sign on behalf of the Board. Commissioner Jacobs asked how many square feet the County is renting and what it costs per square foot. Purchasing and Central Services Director Pam Jones said that the rent has not been increased for some time and the County is renting 4,200 square feet. All of the services, including cleaning and utilities are included. Commissioner Jacobs verified that we are doing this through the end of the fiscal year and then there are other plans. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve a lease extension at 110 S. Churton Street through June 30, 2004 at a lease rate of $5,566 per month, which represents a 6°~ increase in the current lease amount; and endorse the relocation of the Family Counseling Division of OPC Mental Health to the Whiffed Building {in conjunction with the Adult Day Treatment Program); and the relocation of the Human Rights and Relations Department to 501 W. Franklin Street, Chapel Hill; and authorized the Chair to sign on behalf of the Board. Chair Brown asked when Whitted Center would become available for family counseling. Pam Jones said that the rest of the building would be ready by December, but the family counseling center would take a little longer. This is why the lease is being extended. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Articles of Incorporation and By-Laws to Establish Senior Care, Inc. The Board considered approving the proposed By-Laws and Articles of Incorporation far a new non-profit agency, Senior Care, Inc., to advocate, support, and/or operate services for frail and disabled older adults, and to receive a Status Report on the Adult Day Health Program, a county and community initiative to be assumed by Senior Care, Inc. John Link asked Department an Aging Director Jerry Passmare, attorney Steve Lackey, and Chair of the Advisory Board on Aging Jack Chestnut to come forward to answer questions. John Link said that this item is seeking approval and support for the by-laws and articles of incorporation and functions and purpose of a new non-profit to be called Senior Care, Inc. There has been discussion in the past to establish something more permanent - a non- profitthat can generate partnerships with Orange County, North Carolina Hospitals, and other stakeholders to develop services for the frail and elderly who need to or would like to stay at home. The program would consist mostly of helping the elderly with personal care needs (buying groceries, keeping the house clean, etc.). This is proposed to be a continuum of services. The Orange County Adult Day Health Program will hopefully be a part of the non- profit in the future. Steve Lackey, pro bono attorney, said that he is available to answer questions. He said that the last time this was brought to the Board it was a very rough draft. Commissioner Gordon asked why the County Commissioners were approving the by-laws of this organization. John Link said that Orange County needs to be a partner in any non-profit that generates these types of services. Orange County needs to help the non-profit become financially solvent because it will take the public and private sectors together to provide meaningful services to the frail elderly in the future. The County government cannot do the job by itself, so the County needs to encourage other partners to be involved. He assumes that these entities will also be encouraged to approve or adopt or support these by-laws also. Steve Lackey said that the County Commissioners have a role in this because the non-profit statute allows the Board of County Commissioners to approve amendments to by- laws or articles of incorporation. In arder to protect the nan-profit from an unforeseen takeover from an outside entity, they have incorporated safeguards. There are designated directors from the Department on Aging and the County Manager's office and appointed directors from Carol Woods and UNC Hospitals. They have limited any amendments and anything to do with merger, acquisition, sale of assets, etc. to a unanimous consent of the directors. In arder far the bylaws to be amended, the Board of County Commissioners would need to approve the amendment. Commissioner Gordon asked far clarification concerning the role of the Board of County Commissioners in approving an amendment and Steve Lackey pointed out in the bylaws on the next to the last page -Article 9, Section 4, Amendments. It is in the last sentence. He read the last sentence, as follows: "Provided, na amendment of these by-laws shall be effective unless and until it is approved in writing by a majority of the then sitting Board of County Commissioners for Orange County, North Carolina." Commissioner Gordon asked about the board of directors being able to live outside of North Carolina. She made reference to the bottom of page 4 and said that this is an excessive number of directors living outside of the North Carolina in general and Orange County in particular. She thinks there should be a significant number of directors that live in Orange County. Cammissianer Gordon asked far clarification concerning haw this entity gets started and how the original board of directors is chosen. Steve Lackey said he did not invent most of the by-laws and when he started with this he had a template for non-profit by-laws. He said that you can require that all directors be from Orange County, but it can limit the flexibility. As far as where the initial directors come from, when a corporation is formed, persons called incorporators sign the articles of incorporation and submit them to the Secretary of State. A certificate of incorporation is issued and the incorporators meet for an organizational meeting and they have a choice of setting up the entire operational structure themselves and designating the initial directors. He anticipates that the organizational meeting would be limited to designating the initial directors. The directors would then have a meeting to set up the operational framework. From this point vacancies are filled. The incorporators are Florence Soltys, Jack Chestnut, and Jerry Passmore. Chair Brown suggested that if there are a lot of questions from the Board, then this could be pulled off the agenda for tonight and have a more in-depth meeting about it at a later time. Cammissianer Gordan made reference to page 5, the end of the second paragraph, and asked to make all of the language gender neutral. She also asked for an explanation of Section 7 on page 11 and Steve Lackey explained this section. A motion was made by Commissioner Gordon for this to be referred to the County staff and County Attorney for review. The motion failed for lack of a second. Commissioner Jacobs suggested that on page 4, under qualifications, that it say that the "majority" of directors should be residents of Orange County. The other sentence will be deleted, that the directors need not be residents of the State of North Carolina. A motion was made by Commissioner Jacobs, seconded by Cammissianer Halkiotis to approve the proposed bylaws and articles of incorporation for the establishment of the new non-profit, Senior Care, Inc. with the changes as stated above. Chair Brown asked about the debtor liability that the County would have by being involved with this. Geof Gledhill said that there would be none. Commissioner Gordon asked that the motion include gender-neutral language. The Board agreed. VOTE: UNANIMOUS b. Growth Management System -Amendments to Zoning and Subdivision Ordinances The Board considered closing the Public Hearing and making a decision on the proposed Growth Management Amendments to the County's Zoning and Subdivision Ordinances, a proposal which would require major subdivisions of property to follow either the current process, a Planned Development process, or a Class A Special Use Permit process depending upon location, (which is a product of transition areas and water and sewer availability) and number of lots. The Planning Board, by majority vote (8-1, See Draft Minutes, Attachment 8) on September 3, 2003, recommended that the Board of County Commissioners (BOCC) approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached map (Option 1 presented at the August 25th Joint Public Hearing} for designating Urban and Rural areas; and b. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing 20 or more lots (versus greater than 40 lots as proposed by Administration}. The Administration recommends that the Board of County Commissioners approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached Growth Management System Map (Option 1 presented at the August 25th Joint Public Hearing) for designating "Urban and Rural Designated" areas; and b. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. Planning Director Craig Benedict gave a PawerPaint presentation. He gave the background of this item. He showed a map that differentiated two sections of the County -rural and urban. The proposal is that there would be a different set of subdivision rules for each of the two sections. The proposed regulations would apply to subdivisions that have not yet been submitted for County Commissioner review. The regulations would also not apply to exempt subdivisions that are not regulated by the County Planning Department. He explained the recommendations as stated above. He said that the reason Administration at this time did not recommend a 20-lot versus the 40-lot standard is that the public hearing in August was advertised at the 40-lot threshold. If the Board wants to do something different, the Administration recommends that the Board adopt the new standards tonight and the staff can bring back a different standard through a new public hearing process. Commissioner Jacobs said that there is a provision of a density bonus if you cluster a development. Craig Benedict said that if you provide more than the minimum amount of open space by clustering, more than 33°~, then there is a density bonus. Commissioner Jacobs said that an affordable housing component is not addressed. He asked if there was some way to have a review to promote the thinking about affordable housing. Craig Benedict said that he would work with the Manager about how affordable housing can enter the framework of review. Commissioner Jacobs asked that this be forwarded to the Hillsborough Town Board with an explanation that this is the standard that Orange County intends to hold. He would like to encourage Hillsborough to at least examine these criteria. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to close the public hearing. VOTE: UANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Administration recommendation to approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached Growth Management System Map {Option 1 presented at the August 25th Joint Public Hearing} far designating "Urban and Rural Designated" areas; and b. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. VOTE: UNANIMOUS c. Legal Advertisement for November 24, 2003 Quarterly Public Hearing The Board considered authorization to submit the Quarterly Public Hearing Legal Advertisement for publication for the November 24, 2003 quarterly public hearing. Craig Benedict reviewed the items for the advertisement as outlined in the agenda abstract. Commissioner Gordon asked about the State Employees' Credit Union and whether they are going to preserve the trees located there. She also asked about the text amendments and what things are going to go in the Class A. designation. Craig Benedict said that the standards for schools were discussed briefly at the August 25th public hearing and the Planning Department is making some final revisions on those special use standards that are unique to schools. These standards are expected to come back on the next agenda {November 1$th> or in early December. He said that these standards would apply to other zoning districts besides just the EDD district for which they have a Class A designation now. As discussed at the public hearing, these standards look good and that wherever schools are built, we should use these standards. Commissioner Gordon asked if these needed to go back to a public hearing. Craig Benedict said that the standards have been discussed and he believes they can be a part of the County's adoption process without having to go back to a public hearing. He said that the only thing that they will have to take back to a public hearing is if we want to apply those upcoming standards to other districts, and that is what this public hearing will be about. Commissioner Gordon asked about smart growth standards. Craig Benedict said that smart growth standards would not be a part of their special use standards, but that they would be a part of a policy document that has to do with school capital funding. He said that they have the policy and they think some of the smart growth passages are more of a capital funding issue rather than a regulatory special use standard. He said that growth management could be incorporated in the policy, such as ideas about providing environmental lands within the property. Craig Benedict said that the would check with the county attorney regarding the need to go back to public hearing again, but feels that it will not be necessary. Commissioner Jacobs said that he would be comfortable with the Planning Department and the County Attorney getting together and deciding whether there needs to be further recommendations that would need another public hearing item at our February quarterly public hearing. Commissioner Jacobs asked about the credit union and if the EDD standards {such as the no drive-thrus) that were worked on with the Town of Hillsborough would apply in the area of expansion far the State Employees Credit Union. Craig Benedict said yes and that the Credit Union wants to shift some of their existing facilities, enlarge the existing buildings, create a remote drive-thru teller station, and add a fifth lane {approximately 50°~ of the amount of drive-thru over what currently exists). Commissioner Jacobs commented about the changes in the telecommunications towers ordinance which he has heard has been helpful to the Board of Adjustment in that they have been able to da came closer detail work and to have a better understanding of what the possibilities are. Craig Benedict stated that a report about what has occurred and a generic briefing on what the Class A process will be for towers would be available sometime in 2004. Commissioner Jacobs proposed that the item that was referred to on page 7 of the previous agenda regarding a lower threshold for the number of lots as proposed by the Planning Department be added. Commissioner Gordon asked if that would mean that there would be no Class A Special Use permit category and Craig Benedict said that it is rezoning with a special use rezoning so that 21 plus lots would be a planned development and then followed by special use permits. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proposed November 24, 2003 Quarterly Public Hearing legal advertisement agenda with the addition of the discussed areas. VOTE: UNANIMOUS d. Appointments (1) Human Relations Commission The Board considered an appointment to the Human Relations Commission (HRC) to Position No. 10, resident within Chapel Hill City Limits, for an unexpired term to expire June 30, 2004. A motion was made by Commissioner Barry Jacobs, seconded by Commissioner Halkiotis to appoint Joe Nanney. VOTE: UNANIMOUS (2) Orange County Planning Board The Board considered the appointments to the Orange County Planning Board for the following positions: Position No. 3 -Cheeks township -full term -expiration date -March 31, 2006 and Position No. 9 -Eno Township -unexpired term -expiration date -March 31, 2005. Commissioner Barry Jacobs suggested that the Clerk's office continue to advertise far the Eno Township position. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Bryan Dobbins for the Cheeks Township. VOTE: UNANIMOUS (3) Orange Community Housing and Land Trust {OCHLT) Board of Directors The Board will consider an appointment to the Orange Community Housing and Land Trust {OCHLT). Chair Brown asked to add this to the November 20t" work session under the Board's selection of Boards and Commissions u Public Art Selection Committees for the Homestead Park Aauatics Center and Southern Community ParkThe Board considered appointing representatives from the BOCC to serve on the public art selections committees for the Homestead Park Aquatics Center and Southern Community Park projects. These public art selection committees are separate and distinct from the Project Planning Committee far the Southern Community Park and the Aquatics Center. Chair Brown suggested that the two that serve now on this committee {Commissioner Brown and Commissioner Jacobs) become the two representatives to the committee. Commissioner Jacobs asked if they would be separate meetings Martha Shannon, Orange County Arts Commission Director, said that the information they submitted is background information and it does include two separate art selection committees (one is for the Homestead Aquatics Center and one for the Southern Community Park project). Chair Brown asked what the time frame for the meetings would be. Ms. Shannon said that the Aquatics Project would hold their first meeting before Thanksgiving and Kate Billings of the Chapel Hill Arts Commission said that the Public Arts meeting will also take place before Thanksgiving. She said that they feel that there will be a total of three {3) meetings total each committee and that they would probably be evening meetings (approximately 90.minutes). The next two meetings will be held in FebruarylMarch of 2004. Chair Brown suggested that they look at the Board's calendar for conflicting meeting times and that this will be placed on the November 20t" work session agenda. 10. Reports 11. Closed Session A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to go into closed session at 10:30 p.m. for the purpose of: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of contracts to purchase real property, including but not limited to property owned by RT Holdings, LLC and located in the Meadowlands, for any and all county uses, property awned by Mark and Lori Volpe and located at the confluence of the West Forks and east fork of the Eno, northwest of Hillsborough, for conservation purposes. " NCGS ~ 143-318.11 {a)(5). "To consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board. N.C. Gen Stat. § 143-318.11 (a) (3). VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Barry Jacobs to reconvene into regular session at 11:15 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting at 11:16 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board