HomeMy WebLinkAboutMinutes - 20050217APPROVED 4/12/2005 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH BOARD OF COMMISSIONERS
JOINT MEETING
February 17, 2005
7:30 p.m.
The Orange County Board of Commissioners met for a Joint Meeting with the Town of
Hillsborough Commissioners on Thursday, February 17, 2005 at 7:30 p.m. in the Government
Services Center, in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P.
Foushee, Stephen H, Halkiotis and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Commissioner Alice Gordon
TOWN OF HILLSBOROUGH COMMISSIONERS PRESENT: Mayor Joe Phelps and
Commissioners Eric Hallman, Michael Gering, Brian Lowen, Frances Dancy, and Evelyn Lloyd
TOWN OF HILLSBOROUGH STAFF PRESENT: Town Manager Eric Peterson
COUNTY ATTORNEYS PRESENT: Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr. and Assistant County
Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff
will be identified below).
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
The meeting began at 7:40 p.m. Commissioner Gordon did not attend because she was out of
town.
1. Fairview
a) Park Plans
Land Conservation Manager Rich Shaw made reference to the revised draft project
timetable for the planning and development of Fairview Park. The most recent thing that has
happened is that authorization was given to have two surveys done - a detailed topographical
survey of the property and a detailed cultural and archaeological survey of the property. Both
are underway, and a draft report was received today on the cultural and archaeological survey.
The draft findings are that there were no interesting things or impediments for the development
of the park. There was one minor prehistoric piece, which is described in the report.
The next steps are the appointment of a work group and for committee meetings to begin
by May. The Clerk's Office is soliciting nominations for appointments to this group. There are
six citizen slots to be appointed and only one person has put their name in so far. If this
proceeds as normal, the County and Town will approve a preliminary conceptual plan that will
guide the work group to use in the schematics of the property.
Commissioner Halkiotis asked about the prehistoric piece and Rich Shaw said that it was a
shard of some kind; it may have been a piece of stone that could have been a tool.
Mayor Phelps asked who would be in charge at the staff level from the County. Rich Shaw
said that in the memorandum of agreement that the Town and County signed in November, it
speaks to the composition of the committee and the staffing. The staff would include
Recreation and Parks, ERCD, County Engineer, and Planning.
John Link said that it is spoken to specifically on the fourth page of the MOA.
Chair Carey said that Commissioners Halkiotis and Jacobs are the County Commissioners
on this committee.
b) Hillsborough Public Works Facility
Mayor Phelps asked if the Town needs to bring about the Public Works facility and what the
process is for this. Rich Shaw said that the most recent map shows Hillsborough's expansion,
and when the preliminary conceptual plan is presented to the work group, it should include
what has been worked out by the two entities on this issue.
Commissioner Halkiotis asked who the two Town representatives were and it was answered
Mayor Phelps and Commissioner Gering.
Mayor Phelps asked Town Manager Eric Peterson to express the Town Board's thinking
and the urgency in this. Eric Peterson said that the fleet maintenance facility is still located in
a flood plain, and every time there is a heavy rain, they have to rent tractor-trailer equipment
and load up every piece of equipment out of the facility. The roof is almost beyond repair and
it leaks. They do not want to put any more money in this, so they would like to stay on track
with the timeline and locate the Public Works facility at the Fairview property.
Mayor Phelps said that they have already budgeted money for the design.
2. Urban Transition Area Task Force Draft Report
Hillsborough Planning Director Margaret Hauth said that March of last year was the last joint
meeting of the two boards and the process of the County's land use plan update was
discussed, as well as the possibility of a short-term task force to look at some of the places
where the two plans overlap. Both boards approved resolutions of support to set up a task
force with representatives from both commissions, both planning boards, and both recreation
and parks boards, as well as various staff. The task force met four times. She said that the
task force found a lot of common area and a lot of overlap areas.
Orange County Comprehensive Planning Supervisor Tom Altieri gave an overview of the
resources used by the task force such as the Orange County Comprehensive Plan Land Use
Element. The County's Planning Department will be conducting additional outreach meetings
in March that will be called Informational Sharing Sessions. The last meeting will be March 31St
in Hillsborough at the F. Gordon Battle Courtroom. The Water and Sewer Management
Planning and Boundary Agreement was jointly prepared and adopted in 2001 by Orange
County, the Town of Hillsborough, the Town of Chapel Hill, the Town of Carrboro, and Orange
Water and Sewer Authority. It defines responsibilities in water and sewer primary service
areas countywide. He explained the map. He said that it was difficult to use this agreement
for planning purposes near Hillsborough because it does not actually reflect the potential for
town public water and sewer services.
Orange County Planning staff conducted a brief analysis of the 10 and 20-year transition
areas last September to determine the development potential within the transition areas just in
terms of the undeveloped land area. The analysis is in Appendix D in the report. Under a high
growth scenario, approximately 315 dwelling units per year in the County's transition areas
could be accommodated.
Craig Benedict made reference to page 10 of the report. One of the overarching principles
is that Orange County and Hillsborough should consider getting a consultant that would be
jointly funded to look at both interests. He continued to explain the items as stated on page 10
of the task force report.
Craig Benedict said that the task force suggests that the County and the Town look at the
12 principles and adopt them as an inter-local agreement and have a memorandum of
understanding that Orange County and Hillsborough will examine the codes to see how they
can be matched better.
Chair Carey commended the task force.
Commissioner Jacobs suggested having the Manager work with Hillsborough's Manager
and the two Planning Directors to see how much funding would be needed to help this process
move forward for joint planning.
Commissioner Jacobs made reference to page 15, #3 and said that this relates to the Upper
Eno Capacity Use Agreement. This is related to item 3-b on this agenda. He would like to
bring someone in from the State to help them amend the capacity use agreement so that it
reflects current conditions. State approval will be needed for anything that is done.
Commissioner Halkiotis said that he hopes that as they work toward implementing the
opportunity with the joint area, that they make sure that Economic Development Director
Dianne Reid is part of this process. He said that there are people who need water at the
northern end to undertake new alternative agricultural endeavors beyond tobacco. He asked
that the northern end not be ignored.
Chair Carey said that it might be timely to discuss the courtesy review agreement.
This was item 7-c.
Craig Benedict said that this courtesy review agreement process started about three years
ago. There have been many versions. The latest version was adopted in December 2003 and
there is now a valid agreement. There is a clause in the agreement that says that there can be
a request for a joint meeting if either jurisdiction thinks that a proposal warrants the need for it.
What has been occasionally occurring is that the Town reviewed a letter of interest from a
developer about the project on US 70 Business, but it was not a formal review, so the County
was not included in the courtesy review. He thinks there are some minor glitches in the
process, and everyone needs to understand when presentations are formal or informal. He
said that the staff would continue to process things to the boards and elected officials in the
fastest timeframe possible.
Commissioner Jacobs asked at what stage in the process the courtesy review would be
done. Margaret Hauth answered that it would be at the petition stage after the fiscal report,
when it becomes a real proposal that the Town board clearly wants to move forward with.
Commissioner Jacobs asked for more clarification on the nomenclature. Margaret Hauth
said that they have an annexation process set up so that there are lots of chances for the
Town board to say that they are not interested before anyone spends much money. After the
letter of interest, if the Town board is still interested, there is a fiscal analysis. After the fiscal
analysis, the board decides if it wants to move forward and requests a petition. The petition
triggers a hearing.
Commissioner Halkiotis asked if Hillsborough has some software to see if a proposal is to
their advantage and if it is cost efficient. He said that if the developer were going to build $2
million homes, he would suspect there would be an immediate benefit. He made reference to
the developers that wanted to develop a preserve and who lied publicly about the plans with
the road. He said that it was very apparent to him that these people grab a deal with the town
and then deal with the County because the County does not appear to be user-friendly to the
developers. The same person was trying to tell the Town of Hillsborough that it only needed
10 acres for a community college and not 20 acres. He asked if it was to Hillsborough's
advantage to have this development.
Eric Peterson said that there is no software package, but there are different ways to analyze
it. He said that on the development that they heard about this week, he thinks it would be in
the Town's best financial interest. Water and sewer is close by and there would not even have
to be a pump station.
Craig Benedict said that there are no easy templates out there to do a fiscal impact. There
is a municipal fiscal impact and a County fiscal impact, and they overlap.
Chair Carey asked about the timeframe and Margaret Hauth said that the fiscal impact
would be ready in March and the aim is to have the hearing in April.
Commissioner Jacobs made reference to the task force report and how Hillsborough did not
want to wait until a consultant was hired to go ahead with the greenway plan. He asked how
the County could help get this off the ground.
Eric Hallman said that he was at the Parks and Recreation board meeting on Tuesday night
and they talked specifically about this and moving forward to get something on paper before
DOT comes through with the road plans. They need to decide on easements for water and
sewer and also for pedestrian access.
Commissioner Jacobs said that no Orange County staff members were at these meetings
and they want to help in any way. He wants to make sure that the right people are connected
to the process.
3. Water Resource Topics
a) Conservation Easement Acquisition Collaboration for Watershed Protection
Chair Carey said that this was addressed in attachment 3-a.
Commissioner Jacobs said that he got an email response from Mayor Phelps, but he has
not heard anything from Durham. The County Commissioners agreed to bring it up at this
meeting. He summarized the letter and said that the County has been working with OWASA
for a couple of years in joint conservation easements in their watershed, and there has been
some State money available for this. The County Commissioners thought it would be
reasonable to talk to Hillsborough and Durham about their watersheds. If there can be some
sort of partnership to make funds available, the monies can go farther to protect more land and
protect the water quality.
Mayor Phelps said that they have not had much time to discuss this yet, and he welcomed
any comments from his board. He does not think anyone would disagree with preserving the
water quality. He knows there will be a reduction in tobacco growing, which will help the water
supply. He said that if they were going to spend any money, he would rather focus on
diverting a spill if it happens around the interstate. He is not objecting to what the County
wants, but it is not his immediate goal.
Commissioner Gering said that protection of watershed resources was also one of the
conclusions of the task force. He hopes the staff will give a picture of what this might look like
in terms of financial resources and planning resources.
Eric Peterson said that the Town staff would be happy to work with the County staff and
how it would work. The Town board can decide the next steps.
Commissioner Halkiotis said that he hopes someone will keep up with what the consultants
will cost. He would like to have a running number because budget time is coming up.
Commissioner Jacobs said that, in this case, he does not think a consultant is needed
because the County already has the staff expertise. The County staff could make a
presentation. He thinks it is important to start thinking together about Hillsborough's watershed
and water supply. He said that everybody assumes that Orange County government is going
to protect all of these water supplies through zoning, but the more they can work with those
who use the water, the better job they can do in protecting it.
b) Coordinating Releases/Withdrawals from West Fork and Lake Orange Reservoirs
County Engineer Paul Thames said that this is a concern of the Board of County
Commissioners based on the conversations between the County Commissioners and residents
around Lake Orange who have seen the water plummet to record lows, especially with the
drought of 2002. There is also an environmental concern for the wildlife in Lake Orange when
the level gets too low. It is a difficult question because Hillsborough owns the water and its
own reservoir. The way the capacity use agreement works is it bases allocations from the river
on the water levels at Lake Orange. It is a very difficult issue to get around. He and his staff
have been trying to figure out a way that the reservoirs could be operated in tandem while
maintaining a maximum level of water in Lake Orange, while not diminishing the effect of
Hillsborough's investment in its water, etc. The only thing that they have been able to come up
with is to completely revise the capacity use agreement and make the allocations be based on
comparable water levels in the West Fork Reservoir, and use Lake Orange as the source of
water for the incremental differences that Hillsborough needs over and above its allocation.
Commissioner Halkiotis said that a weathercaster today said that it would be a dry summer
and he asked about the current level of Lake Orange. Paul Thames said that both reservoirs
are full. Commissioner Halkiotis suggested having the Town Engineer, the County Engineer,
and the Managers get together and come up with a game plan.
Chair Carey asked about the process of changing the agreement. Paul Thames said that if
they changed it around, ultimately the Town, the County, Orange-Alamance, Piedmont
Minerals, Eno River Park, Division of Water Resources, and the Environmental Management
Commission would all have to approve it.
Mayor Phelps said that his board has not discussed this yet.
Chair Carey said that it is incumbent upon the County to be proactive and get some plans in
place before there is another drought. The Town board can discuss this and advise the Board
of County Commissioners what they are interested in doing. The Board of County
Commissioners has not discussed this yet either, but being proactive is better than waiting.
4. Update on Orange County Campus of Durham Technical Community College Siting
and Access
Eric Peterson said that everyone is aware of the situation on the access on NC 86. This
week the Town board said that they thought this was a solvable problem between the parties.
They do not want to proceed with imminent domain. He feels comfortable saying that both
parties are still in gridlock, and each party thinks the other one is being completely
unreasonable. He asked for confirmation that the April 15th date for the closing is a critical
date for the County and if the County feels that it is imperative that the issue be resolved one
way or another by this time.
John Link said that the County has an opening date of July 2006 that they are working
back from. Purchasing and Central Services Director Pam Jones said that the Board amended
the purchase agreement to say no earlier than April 15th, but no later than May 1St. Durham
Tech has solicited receipt proposals for architectural services. Chair Carey, Commissioner
Halkiotis, John Link, and Pam Jones will sit with officials from Durham Tech and interview the
architects and make a recommendation.
5. Updates on Development
a) Waterstone
Mayor Phelps said that if an access is not granted, then they might be back at the drawing
board. Margaret Hauth said that the developers came to the Town to seek a revision to the
approved master plan. There was an area inside the loop, near the single-family residential
that was the multi-family residential. The developers indicated that some builders were
interested in having more single-family detached houses in the development and not pursuing
the multi-family 270-unit apartment complex at this time. They are awaiting this information so
that it can be shared under the courtesy review agreement and also heard at the April public
hearing.
Commissioner Jacobs asked about the total number of units and Margaret Hauth said that
the total number of units would not change. The developers are also not seeking to decrease
the square footage in any of the non-residential development.
Commissioner Jacobs said that the main impact to the County was that more school
children would be generated in detached housing than in attached housing.
Margaret Hauth said that the number of single units would be around 70 units to replace the
270 units of multi-family housing that would be placed somewhere else later.
b) Proposed Development on US 70A East
Margaret Hauth referred to the agenda packet and the information discussed at the Town
meeting on Monday night. This development would be 119 acres across from the Triangle
Sportsplex. There is access to US 70A in the vicinity of the two houses that remain on US 70A
and Orange Charter School. There is additional access directly across from the Triangle
Sportsplex. The proposal is for a subdivision with its own recreational complex. There would
be a mixture of residential densities.
Commissioner Halkiotis asked clarifying questions about the water tank and Margaret Hauth
answered.
In answer to a question by Mayor Phelps, Margaret Hauth said that there are proposed to
be 250 dwelling units and a 20,000 square foot mixed-use building.
Commissioner Jacobs asked if the developer was proposing to dedicate the river as
protected open space. Margaret Hauth said that they have not indicated whether it would be
dedicated to the Town or sold within the subdivision.
Commissioner Jacobs asked if Hillsborough had standards for development on steep slopes
and Margaret Hauth said no. She said that they are staying away from the steep slopes, but
they have not gotten that far in the analysis yet.
Commissioner Jacobs asked if there was room on 70A for a turn lane and Margaret Hauth
said that there is a turn lane going into the Sportsplex. There is at least 60 feet of right-of-way.
Mayor Phelps said that the Town board was in the beginning stages of this. The board will
not proceed without a financial analysis.
Margaret Hauth said that the applicants are having a neighborhood meeting at the
Sportsplex on March 17tH
c) Potential Economic Development Area on US 70 West
Commissioner Hallman said that this is part of the Fairview area revitalization process. He
does not have a formal presentation on this yet.
Commissioner Halkiotis asked who built the Laundromat on the corner. He would like to
send them a letter and complement them for a great job. He is impressed that they put in the
sidewalks. It was answered that this is a new requirement for Hillsborough.
Margaret Hauth said that Auto Zone and the new Wendy's and Kerr Drug would also have
sidewalks. She said that Ronald Baird is a resident that owns a group home for
developmentally disabled adults and purchased the property for the Laundromat.
Commissioner Halkiotis said that this beautified the entire area.
Discussion ensued about sidewalks in Hillsborough.
6. Items of Mutual Interest
a) Recreation and Parks
Commissioner Hallman said at the Town budgetary workshop he brought forth a
recommendation from the Parks and Recreation Board of the Town for apart-time position to
start addressing some of the needs. The idea was to possibly leverage with the County in
sharing a position. The Town still has to go through the budgetary process.
Chair Carey said that the Board would ask the RPAC to comment on this. This is an area
like watershed protection, where the County and the Town are in it together.
Commissioner Halkiotis said that he is interested in this proposal and how the position
would be used. He said that for years a lot of citizens have wondered why there are so many
recreation and parks departments in the County. There may be some opportunities for
collaboration.
b) SportsPlex
John Link said that the Board of County Commissioners has authorized staff and
consultants to look at the viability of the County acquiring the Sportsplex, in the context of
considering expanding the Sportsplex to accommodate the Central Orange Senior Center.
The staff is also looking at the physical condition of the Sportsplex and the County
Commissioners authorized additional funding to make sure that the pool operation is
something the County should buy into. All of the information will be presented to the Board of
County Commissioners in mid-March.
Commissioner Gering asked if the County has decided which direction it wants to go with
the Sportsplex. John Link said that the point of discussion is that there would be great synergy
with the Sportsplex staying a public facility and expanding the building to accommodate the
function of the senior center. The seniors would then have the recreational amenities. All of
this is contingent upon the financial viability.
Commissioner Gering asked if there have been discussions about siting an affordable
housing project. John Link said that this element has been discussed.
Commissioner Halkiotis said that not everyone in the category of senior citizen in central
and northern Orange has the financial assets to move into the wonderful facilities in the
southern end of the County, but they want to feel safe and secure in a housing option. The
Sportsplex location has medical centers and all kinds of amenities, including public
transportation.
Commissioner Gering agreed and said that a group of interested citizens in the Town were
exploring aloes-income senior housing project. He said that the feedback he received was that
the HUD 202 applications were really only successful in places where there is collaboration
between all levels (i.e., governments and citizens groups).
Commissioner Lowen asked if there was any data to show how many seniors use this
facility right now. He asked about the possibility of adding a component like a gymnasium.
Commissioner Halkiotis said that there were several seniors interested in half-court
basketball facilities. This is part of the design piece of the Southern Orange Senior Center.
Rod Visser said that they are trying to explore the notion of taking advantage of
underutilized space. For example, the County's Master Aging Plan calls for 15,000 square feet
of dedicated senior center space in central Orange County. They are looking at about 8,000
square feet within the shell of the existing building, and then building on a 6-8,000 square foot
addition.
c) Library Facilities in Hillsborough
John Link said that staff had not planned a formal presentation but Library Director Brenda
Stephens is present. Commissioner Jacobs has also been working with staff on ideas of how
to expand additional library space in central Orange County.
Commissioner Gering asked about the short term with expanding library services and if
there have been any agreements with Durham Tech and a joint library facility in Waterstone.
Chair Carey said that they have not reached any agreements with Durham Tech other than
what normally would be constructed at a community college. The approval that Hillsborough
has provided for that site does not include a huge library. The plan is to take the plan from the
task force and work on it to determine which direction to go. There are several options.
Commissioner Gering asked if it is anticipated that any money would be allocated this next
fiscal year for expanding library services. Chair Carey said that it is part of the budget process,
but no decisions have been made.
Commissioner Jacobs said that they talked in the legislative goals committee about seeking
some monies from beyond the borders of Orange County for the Heritage Center, so that
wherever there is an expanded library facility, there can be one central location for all the
records and artifacts.
Commissioner Halkiotis said that this is a wonderful opportunity to collaborate in a similar
way that the County did with Carrboro and the Cybrary. He agrees that Orange County does
not spend enough on library services. It will take a joint effort.
Commissioner Hallman said that they have talked about sharing with the County in the
funding. Hillsborough is serious about this.
Commissioner Jacobs asked about the status of the Colonial Inn. Margaret Hauth said that
there was a hearing today and the judge did not rule. There is a trial date in early March.
Commissioner Jacobs asked about the water rate study that Hillsborough is considering.
Eric Peterson said that the Town board approved a water rate study. The Town board has
expressed concern about the 3,000-gallon minimum. They will have an outside firm to help
them address this.
Commissioner Hallman asked for an update on the justice facility. Pam Jones said that the
County has three planning committees and all have been engaged. The architect has been
selected. On March 2nd at 3:00 p.m., they will kick off the exterior design of the building and
the facilities around the building.
Mayor Phelps asked about the Farmer's Market and how that will operate. Pam Jones said
that the exterior planning committee would be looking at this. There were some students at
N. C. State that looked at it and came up with several plans.
Mayor Phelps said that he hopes there can be more than atwo-day a week Farmer's
Market.
In answer to a question about the timeframe, Pam Jones said that it depends on the
planning process and they would like to be in the regulatory process by this summer. The
intended completion date is December 31, 2007.
7. Additional Topics
a) Compressed Natural Gas Facility
John Link said that the Board of Commissioners has authorized staff to pursue the location
of a CNG facility right next to where the Town and the County refuels its vehicles with gasoline
and diesel. There have been some State grants to assist in developing this facility. The plan
is to have County vehicles acquired that will use this technology beginning this coming budget
year. He said that it would be good for Hillsborough to participate financially and in using the
facility.
Eric Peterson said that the City of Fayetteville for many years ran its police cars on CNG
and was very happy with it.
John Link said that Pam Jones has discovered that you do not have to necessarily buy a
vehicle that is already made for CNG. There are several alternatives.
b) Transportation Issues
Craig Benedict made reference to the Congestion Management Air Quality Grant in the
packet that Orange County is proceeding with. This grant is in response to the ozone non-
attainment situation the Triangle is in. There are monies available to Metropolitan Planning
Organizations and Rural Planning Organizations. He said that they are trying to combine
resources from the MPOs and RPOs by having a park and ride facility at the new Durham
Tech area or in Waterstone somewhere. The bus would go from there to the new justice
facilities, and this would remove a lot of trips downtown. The route could also include multiple
stops through Hillsborough. The grant proposal would not come online until 2007, if approved.
Also, regarding the Orange Express route that goes from Hillsborough to Chapel Hill, they
are requesting that TTA take over some of this responsibility. The plan is to have the Orange
Express route go from Hillsborough, tie into Chapel Hill and the University, and a full OPT
route with 10-12 stops in Hillsborough. There are out-of-pocket funds and local matches that
are a part of the grant proposal.
Commissioner Hallman asked about the timeframe for budgetary requirements. Craig
Benedict referred to the information in the packet. The County needs to sit down with the
Town to discuss the funding.
c) Courtesy Review (discussed above)
d) Homelessness
Commissioner Hallman said that they have seen this come before them recently at a public
hearing. He also attended a homelessness workshop in November. There probably needs to
be a shelter in Hillsborough. They are looking for help in siting this and guidance in addressing
this issue.
Commissioner Jacobs asked that someone from staff make a list of all the spending items
that have been identified at this meeting.
Commissioner Gering said that they heard at the public hearing that homeless people are
not able to get help from the Department of Social Services in the County because they are
homeless.
John Link said that Assistant County Manager Gwen Harvey is the person to connect with
on this issue. It is a community-wide issue. He said that if homeless people are in need of
services, there are ways to get this accomplished.
With no further items to discuss, the meeting was adjourned at 9:58 p.m.
Moses Carey, Jr., Chair
Donna S. Baker
Clerk to the Board