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HomeMy WebLinkAboutMinutes - 09-19-2000APPROVED MAY 1, 2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting September 19, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, September 19, 2000 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis, and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Gordon asked if the goals for last year were approved, and if so, could the Board have them. John Link said that these goals which were distributed in June were the same goals without any changes, but only updates. The County Commissioners decided to remove item 9-i from the agenda and consider the Commissioners' goals at the next meeting. PUBLIC CHARGE Chair Carey read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) b. Matters not on the Printed Agenda Mark Chilton of Empowerment, Inc. spoke about an affordable housing project on Dillard Street in Carrboro. He talked about how the project has evolved and what would be the best course of action to renovate these homes. Empowerment, Inc. is proposing to rehabilitate one existing house on Dillard Street for homeownership and to build two new houses in association with Habitat for Humanity. All three homes would be part of the Community Land Trust in Orange County. They are also proposing to convert four of the existing houses into low- income, rental properties. The other properties will be sold without any subsidy. Empowerment, Inc. is specifically requesting approximately $147,335 from the County to help support this endeavor. He asked that this be allocated from the Orange County Housing Trust Fund. This will be a joint effort between the Community Land Trust, Empowerment, Inc., and Habitat for Humanity. He said that BB&T has committed to participate in the project with approximately $7,000. He said that Empowerment, Inc. would put $40,000 into the project, not from public funds, but from the sale of other homes. He asked that this issue be put on the agenda for the October 17th meeting for action. Commissioner Brown asked for an explanation of what would happen to the residents who now live in this housing. She would also like to have comments from Tara Fikes. Chair Carey asked for a report from the County Manager on the financial aspects of the plan. Commissioner Jacobs asked how Empowerment, Inc. was factoring Carrboro into the equation. Mark Chilton said that they have invited Carrboro to participate in this project. Carrboro does not have any money in this year's budget for a project like this. He will go back to Carrboro on September 26th to talk further about Carrboro's participation. Commissioner Jacobs asked John Link to speak with Bob Morgan, Carrboro's Manager, about the project and Carrboro's participation. 3. BOARD COMMENTS Commissioner Gordon thanked everyone who expressed condolences for the passing of her mother. Commissioner Halkiotis said that he heard on the news this evening some interesting telephone issues, which have resurfaced. It has been 14 years since he testified in front of the State Utilities Commission. He feels it is time to set up a group to look at long distance calling issues in Orange County. He would participate on a committee. Chair Carey said that the effort in the late 1980's was part of a regional movement in Wake and Durham Counties. He wonders if Wake and Durham Counties are being affected by the same types of issues. When dealing with the Utility Commission, it takes several entities working together to get anything accomplished. Commissioner Halkiotis spoke about the hazardous road conditions on NC54 where the traffic comes out of the Stone Quarry. He suggested lower speed limits, speed bumps, etc. Commissioner Jacobs said that he agrees with the public safety in the area where the Stone Quarry is located. He feels that when American Stone comes forth with the Special Use Permit that the Commissioners can require some very specific things. Commissioner Jacobs said that he and Commissioner Halkiotis have worked with Hillsborough on the moratorium on development for new 86 and I-85. It is going to public hearing in Hillsborough next week and to the Hillsborough Board of Commissioners on October 9th. After that, the larger Economic Development District on old 86 between I-85 and I-40 will be addressed. Commissioner Jacobs said that County Engineer Paul Thames would be meeting this Saturday at 4:00 p.m. at Mt. Moriah Church on Buckhorn Road with a group of citizens in the Buckhorn area to talk about water and sewer to that area. Commissioner Halkiotis noted that both the County Attorney and the Town Attorney for Hillsborough have been present in just about all of the sessions for the moratorium on development. Commissioner Brown thanked everyone who had a part in developing the human services forum at the Friday Center. It was a great success. She suggested having a work session on what is being discussed by the state auditor. She supports having a committee to look at telephone services in Orange County. 4. COUNTY MANAGER'S REPORT John Link said that he would pursue gathering information on the telephone issue. He will present information to the Board on the current status. He announced that the North Carolina Department of Commerce has awarded the County $400,000 in special housing rehabilitation money to be used in Orange County including Carrboro and Hillsborough. 5. RESOLUTIONS/PROCLAMATIONS a. Commendation to Soccer Symposium Task Force The Board considered a resolution commending the Soccer Symposium Task Force. Commissioner Jacobs thanked the task force members for serving on this task force. Diana McDuffee thanked the Commissioners for establishing the Soccer Symposium Task Force. In particular, she thanked Commissioner Jacobs for his leadership of the task force. She said that the task force was a tremendous cooperative effort between elected officials and the staff of Orange County, Chapel Hill, Hillsborough, Carrboro, the Orange County Board of Education, and the Orange County soccer organizations (Rainbow Soccer, Triangle Football, and the Strikers organizations). She spoke about the importance of soccer to the Latino sense of community and cultural identity. She said that there was a tremendous need for more soccer fields. Diane Reid distributed copies of the Soccer Symposium Task Force report. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: Resolution of Commendation to the Soccer Symposium Task Force WHEREAS, soccer in Orange County, as elsewhere in the state and nation, is the fastest growing sport in terms of number of participants, leading some county residents to call for improved soccer facilities; and, WHEREAS, the Orange County Economic Development Commission and Recreation and Parks Advisory Council endorsed the idea of establishing and organizing a committee to promote a meeting of various interest groups to discuss soccer interests and needs; and, WHEREAS, the Board of County Commissioners authorized the creation of a Soccer Symposium Task Force that would be responsible for hosting a public forum at which all interest parties could express their needs and concerns; and, WHEREAS, twenty representatives -- including individuals representing soccer leagues and programs, all elected local governments within Orange County, the schools, and at- large members -- agreed to serve on the Task Force and met numerous times to develop findings and recommendations, and to prepare a report for submission to the Board of County Commissioners; and WHEREAS, the Soccer Symposium Task Force has completed its work for the Board's review and consideration; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby commends and thanks the members of the Soccer Symposium Task Force for giving freely of their time and expertise. VOTE: UNANIMOUS The Soccer Symposium Task Force report will be brought back to a future County Commissioners' meeting for consideration of the recommendations therein. b. Support of Community College and University State Bond Issue The Board considered a resolution of support for the Community College and University State Bond Referendum. Chair Carey said that the Community College Task Force has concluded its work and will bring forth a report within the next month. This bond issue that is under consideration by the public in November has great potential for providing financial support for a community college if Orange County decides to pursue a branch of Durham Technical Community College in Orange County. He asked the Board to support this resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION IN SUPPORTOF COMMUNITY COLLEGE AND UNIVERSITY BONDS WHEREAS, The North Carolina General Assembly has approved Senate Bill 912, signed by the Governor and enacted as Session Law 2000-2, placing on the ballot a proposal to issue $3.1 billion in general obligation bonds, proceeds from which are to be used to improve facilities within the state's university system ($2.5 billion) and community college system ($600 million); and WHEREAS, higher education has historically played a tremendous role in building the State of North Carolina into the thriving economic, cultural, and social leader it is today; and WHEREAS, North Carolina's community colleges and universities allow citizens of this State to learn the skills necessary to compete in today's and tomorrow's competitive economy; and WHEREAS, in the next decade, our community colleges expect more than 57,000 new students to enroll, and enrollment in our universities will grow by more than 48,000 students; and WHEREAS, our higher education campuses must upgrade and construct academic, residential and administrative facilities, including critical laboratory and classroom space, to accommodate the growing numbers of students; and WHEREAS, the $3.1 billion bond package approved by the General Assembly will assist our community colleges and universities in meeting their significant facility needs; and WHEREAS, proceeds from the bond issue will provide great assistance to North Carolina counties in improving these community college facilities and in assuring quality facilities for our citizens attending the state's universities. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners strongly supports the passage of the community college and university bonds on the ballot November 7 because it will enable our systems of higher education to better educate tomorrow's students and maintain North Carolina's place as the national leader in higher education learning and training. VOTE: UNANIMOUS c. Inter-Faith Council (IFC) -Project HomeStart The Board considered an amended resolution to reconvene the 1994 Emergency Family Support and Shelter Task Force to discuss future financial support for Project HomeStart. Pamela Smith, President of the Board of Directors of the Inter-Faith Council, thanked the Commissioners for their support of the IFC. She said that the issue was that IFC would not be able to assume full financial responsibility for Project HomeStart after the Department of Housing and Urban Development (HUD) funds are exhausted in March 2002. She said that the IFC needs help from its concerned partners to continue this service. Chris Moran, Executive Director of the IFC Community House, gave some background about Project HomeStart. He said that in the original correspondence with the County, the IFC asked the County to reconvene the task force because they wanted to bring all of the partners together again to make recommendations to HUD for future funding. The IFC would like to change the original request that was made to the County (in bold in the draft resolution) to ask for support and to help notify original task force members who are not participating to participate in the continuum of care process. He said that this was a mandated requirement by HUD. The IFC feels that with the continuum of care model, private sources may become interested in supporting homeless efforts in Orange County. The IFC would like the Commissioners to help them identify organizations and individuals that might represent the continuum. The IFC wants this to be a complete process. Commissioner Gordon asked who would be notified on the two lists. Chris Moran said that he would be willing to work with our staff in inviting as many people as possible. Since it is community-based, they would also like citizens to serve on the committees. Chris Moran feels it is important for the County Commissioners to send out a letter supporting the idea of reconvening the task force. The IFC feels it would be a much stronger statement coming from the County Commissioners. John Link suggested that the County Commissioners notify the individuals on the list to indicate that the issues will be addressed through the continuum of care process. The letter will explain the process and ask these individuals or the representative organization if they would like to submit someone's name to serve. Commissioner Jacobs asked if this was a permanent board. Chris Moran said that this would be an ongoing process and the IFC would like the members to be permanent. Chair Carey asked who was providing staff support for the committee and Chris Moran said that the IFC would provide the staff support. Commissioner Halkiotis said that he would yield his past service on this task force to Commissioner Brown. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the revised resolution as stated below: A RESOLUTION DIRECTING THE SUPPORT OF THE ORANGE COUNTY CONTINUUM OF CARE COMMITTEE AND THE NOTIFICATION OF THE EMERGENCY FAMILY SUPPORT AND SHELTER TASK FORCE TO PARTICIPATE IN THE CONTINUUM OF CARE PROCESS FOR THE PURPOSE OF IDENTIFYING FUTURE REVENUE SOURCES FOR PROJECT HOMESTART WHEREAS, the Inter-Faith Council (IFC) received a $1.7 million dollar Supportive Housing Grant in 1997 from the U. S. Department of Housing and Urban Development for the construction and operation of three transitional housing units, commonly known as Project HomeStart; and WHEREAS, the end of the initial three-year grant period supporting Project HomeStart is approaching on June 30, 2001 and the IFC Board President and Executive Director have expressed concerns regarding future funding for Project HomeStart; and, WHEREAS, informal communication with HUD has indicated that additional funding through March 2002 may be available to extend services beyond the current fiscal year; and, WHEREAS, the IFC Board of Directors has indicated that IFC will not be able to assume full financial responsibility for Project HomeStart after HUD funding has been exhausted; and, WHEREAS, the IFC Board has asked the Board of County Commissioners to reconvene the 1994 Emergency Family Support and Shelter Task Force to identify and discuss possible revenue sources for Project HomeStart operations after March 31, 2002; and, WHEREAS, the IFC Board has asked the Board of County Commissioners to support the Continuum of Care process and to notify the 1994 Emergency Family Support and Shelter Task Force to participate on the Orange County Continuum of Care Committee, and community-based, comprehensive and coordinated housing and service delivery system for homeless individuals and families; NOW, THEREFORE BE IT RESOLVED BY THE Orange County Board of Commissioners that, by approval of this resolution, the notification of the 1994 Emergency Family Support and Shelter Task Force to participate on the Orange County Continuum of Care Committee is hereby directed for the purpose of identifying and discussing possible future revenue sources for Project HomeStart operations after March 31, 2002. VOTE: UNANIMOUS d. 2001 North Carolina Association of County Commissioners Legislative Goals The Board considered a resolution stating its legislative goals that would be forwarded to the North Carolina Association of County Commissioners in preparation for the 2001 Long Session of the N.C. General Assembly. John Link said that the County Commissioners Association has asked each Commissioner Board to respond back to the association on issues that they would like to see the association address as part of the legislative agenda for next year. Commissioner Jacobs and Commissioner Halkiotis have worked with staff in creating the list of issues to be submitted to the association. Chair Carey asked about #5 and if the objective was to add additional signs on the interstate. Commissioner Jacobs said that this was an option for small businesses to use in attracting business to the area from the interstate. The logo signs would be far less obtrusive than billboards. Chair Carey has some concerns about this. Chair Carey made reference to item #20 and said that he would substitute "local governmental units" for "Boards of Commissioners". Commissioner Brown made reference to #5 and said that she was not in favor of allowing signs along the interstate. She is not in favor of commercial advertising on the interstate. She made reference to #8, #2, and #3 and said that she was probably in favor of those but she feels that there needs to be more background on these issues and she needs more information so she understands exactly what they are talking about. She said that the items sounded good generally. She feels the use value program is very effective. Commissioner Brown suggested adding item #22 for DOT to upgrade their standards for residential roads. She asked the Planning staff to report back to the Board of County Commissioners. Commissioner Halkiotis made reference to the logo sign issue and said that the committee narrowed the request. What is happening is that the large restaurants and fast-food establishments have logos. However, some of the smaller establishments cannot have a sign. He sees the logo signs as an effort for the small businesses to get some advertisements out on the highway. He asked for the staff to bring back some additional information. Commissioner Halkiotis made reference to #16 and said that the County should not wait until a natural disaster takes place to figure out what to do with the "surplus" property. Commissioner Gordon verified that the Board was going to defer #2, #3, #5, and #8 to develop justifications. Commissioner Jacobs made reference to #18 and suggested changing the language to read, "The approval of legislation clarifying the power of local government to employ Transfer of Development Rights that provides a broad menu of opportunities for use of this tool." On item #20, Commissioner Jacobs suggested changing it to read "Authorize governments with populations in excess of 100,000 people to implement civil rights ordinances and to determine the classes to which anti-discrimination provisions shall apply." County Attorney Geof Gledhill suggested saying "cities and counties" rather than "governments." Commissioner Brown suggested including historic sites, state parks, hospitals, etc. on the signage referred to in #5. John Link suggested that the Board approve the submittal of the list, indicating that in the near future (within two weeks), that items #2, #3, #5, and #8 will be forthcoming. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION REQUESTING THAT THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS CONSIDER PROPOSING LEGISLATION OF STATEWIDE APPLICABILITY ON CERTAIN ISSUES FOR CONSIDERATION DURING THE 2001 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY WHEREAS, the North Carolina General Assembly will convene in January 2001 to consider legislative matters during its Long Session; and WHEREAS, the North Carolina Association of County Commissioners will consider and adopt a slate of legislative goals that will serve as the basis for various pieces of draft legislation, applicable on a statewide basis, to be presented for consideration by the General Assembly in 2001; and WHEREAS, the Orange County Board of Commissioners has identified a number of legislative changes that, if adopted, it believes will contribute to the public good and benefit the citizens of Orange County specifically and the State of North Carolina generally; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that it does hereby convey to the North Carolina Association of County Commissioners its request that its legislative concerns, as enumerated below, be incorporated into draft legislation applicable to counties throughout North Carolina, and be presented to the North Carolina General Assembly within the timeframes established by that body for consideration in 2001; the Board of Commissioners recommends Association consideration of the following legislative goals for the 2001 General Assembly: 1. The authorization for local governments to implement a school impact tax. 2. The opportunity for deferment of real property taxes to a later date as an additional alternative or substitute to the continuance or broadening of the Homestead Exemption. 3. The transfer of financial responsibility for a troubled child from counties, as outlined in NC G.S. 7B-2502, to the State of North Carolina. Under current state law, a judge can direct that a county of present location pay all costs associated with supporting the needs of a special-needs child for an undefined period of time. This should be addressed, or alternatively, some statutory framework should at a minimum be provided whereby a county can plan for this potential event. 4. Increased funding of the Clean Water Management Trust Fund and support the allocation of funds based on a points system that evaluates the merit of individual projects. 5. An increase in court cost fees and /or revision in the distribution of the portion of court cost fees to counties, thereby enabling counties to better address court facility needs and costs. 6. The allocation of funds to the North Carolina Department of Transportation to support the creation and maintenance of Rural Planning Organizations as authorized during the 2000 General Assembly session. 7. The creation of a Legislative Study Commission to review and recommend improvements to the current organizational structure and communication system to assist local governments as they seek to work with the North Carolina Department of Transportation on road and bridge construction and road repair projects. 8. The inclusion of conservation and emission pollution control components into any electric de-regulation legislation. 9. The inclusion of local governmental input/decision-making authority into any electric de- regulation legislation, as opposed to private utilities' use of the power of eminent domain, thereby allowing for local officials to play an integral part in the decision process. 10. The re-institution of state funding of full local school system utility costs. 11. Legislative adoption of a menu of discretionary revenue options available for local governments to preclude undue reliance on the property tax. 12. The elimination of any legal limitations that would prohibit one unit of local government in North Carolina from transferring property declared "surplus" to another unit of local government in North Carolina. 13. The approval of the concept of inclusionary zoning. 14. The approval of legislation clarifying the power of local government to employ Transfer of Development Rights (TDRs) that provides a broad menu of opportunities for use of this tool. 15. Continuation of at least the current level of State funding for all existing positions in County Soil and Water Conservation offices. 16. Authorize cities and counties with populations in excess of 100,000 people to implement civil rights ordinances and to determine the classes to which anti-discrimination provisions shall apply. 17. The broadening of residential options available to citizens experiencing mental illness through the provision of additional and appropriate funding support and the enhancement of incentives. AND BE IT FURTHER RESOLVED that the Chair is authorized to convey this resolution to the North Carolina Association of County Commissioners by means of a letter which elaborates on Orange County's concerns and recommendations, to the extent the Chair deems that necessary and appropriate. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. National Association of Counties (NACo) Achievement Awards The Board recognized the Department on Aging and the Emergency Management Department for receiving the National Association of Counties Achievement Awards. Ann Bradford explained the Friend Program, which has been in existence for two years. The program uses volunteers in the community to work with the frail older adults who live at home. This program helps the older adults live in their homes independently as long as possible. She said that the Department on Aging was in need of more volunteers. 7. PUBLIC HEARINGS a. 2001 Revaluation -Schedule of Values The Board held a public hearing on the schedule of values for the 2001 real property revaluation. John Smith, Tax Assessor, presented information as contained in the agenda. He added that revaluation equalizes the value of property so that people are paying their fair share of taxes when the value of their property rises. These values will be followed for the next four years. Commissioner Gordon asked how the acreage was valued. John Smith said that there was a base rate for one acre of land. If the land is improved, the home site factor is applied. As the tract gets larger, you pay less per acre of land. Commissioner Brown asked about properties that were not maintained well. John Smith said that this would be considered under physical depreciation. Several other clarifying questions were asked by Commissioner Brown and answered by John Smith. Commissioner Jacobs asked John Link to explain the relationship between revaluation and how the tax rate is set. John Link said that the County tries to indicate how much revenue the County Commissioners generated from the last budget each time there is a revaluation. The County looks at the amount of revenue that was derived from property taxes in the year 2000- 2001 and what the equivalent new tax rate would be to generate that same revenue. Commissioner Jacobs asked about the general percentage of the increase in property values in the County. John Smith said that the general increase would be between 15%-35%. There was no one in the audience to speak to this item. The public hearing was closed. 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 Preparer Agreement The Board approved and authorized the Chair to sign an agreement between Orange County and Becky Butler to prepare minutes for County Commissioners and Planning Board meetings. b. Authorization to Enter into Agreements with Respite Care Providers This item was removed and placed at the end of the Consent Agenda for separate consideration. c. Contract Approval: County Attorney The Board approved and authorized the Chair to sign a contract with the legal firm of Coleman, Gledhill and Hargrave for legal services. d. Housing Rehabilitation Contract Awards This item was removed and placed at the end of the Consent Agenda for separate consideration. e. Forest Service Contract for Fiscal Year 2000-2001 This item was removed and placed at the end of the Consent Agenda for separate consideration. f. County Work First Designation This item was removed and placed at the end of the Consent Agenda for separate consideration. 9 g_ Board of Commissioners Meeting Calendar for 2001 This item was removed and placed at the end of the Consent Agenda for separate consideration. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Authorization to Enter into Agreements with Respite Care Providers The Board considered authorizing the Department on Aging to enter into agreements with respite care providers. Ann Bradford requested to pull this item in case there were questions from members of the Board. There were no questions. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the Department on Aging agreements with respite care providers. VOTE: UNANIMOUS d. Housing Rehabilitation Contract Awards The Board considered awarding housing rehabilitation contracts to Diamond Builders, Inc. and Triple J Construction Co. under the HOME Housing Rehabilitation Program. Commissioner Jacobs said that when the Board did the Community Revitalization Loan Fund Program Guidelines this year, deconstruction, reuse, and recycling were included and people who were doing rehabilitation were asked to consider those measures in their work. He assumed that this would be the case for other kinds of rehabilitation projects that the Board authorized. He would like to bring to the Board's attention that he would think that this should be the policy on every rehabilitation project of any sort in which the County is involved. He would like to inform the bidders that the County would do that in the future and write these regulations in some of the other policies we have. Tara Fikes said that she could incorporate this into the housing rehabilitation program guidelines. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to award housing rehabilitation contracts to Diamond Builders, Inc. and Triple J Construction Co. under the HOME Housing Rehabilitation Program. VOTE: UNANIMOUS e. Forest Service Contract for Fiscal Year 2000-2001 The Board considered approving an annual agreement with the N.C. Department of Environment and Natural Resources for protection, development, reforestation and improvement of forestlands in Orange County. Mr. Jerry Gaertner, a private forester and Mr. Brad Bowling, North Carolina Forestry Division, were available to answer questions. Commissioner Jacobs said that he had some very strong concerns about the way in which the County does business with the North Carolina Forest Service. For example, he would like to know when a site is designated for harvesting, if anyone checks to see if part of the site has been designated as significant in our natural areas inventory. Brad Bowling said that the state division generally checked for endangered species and historically significant sites. Commissioner Jacobs said that there was a growing number of organic farmers in the County, and that there were a number of places where herbicides were being applied. He feels like there should be some effort to find out who is on the perimeters of properties where large amounts of herbicides are being applied. Commissioner Jacobs suggested having a mediator for when citizens call in with various complaints such as clear cutting. He made reference to a forestry symposium and said that he would also like to try and identify areas in which the County would like to work with the forest service on improving. io Commissioner Brown said that the forestry symposium was a good idea and she would like to help bring the groups together, including the Tax Assessor. Commissioner Brown asked how the forest service made sure that people cut their own timber and not someone else's. Brad Bowling said that the landowner was encouraged to hire a private forester to represent the landowner's interest. Chair Carey suggested that Commissioner Brown and Commissioner Jacobs work with Brad Bowling on how some of the issues they raised could be addressed. Brad Bowling said that he would like to work with the County on some of the issues at the symposium. The Board agreed to defer the Forest Service Contract for two weeks. f. County Work First Designation The Board considered whether to request standard program or electing program designation for the County's Work First activities. Commissioner Jacobs requested that staff look at the issue of being an electing County because there is more flexibility to address the time standard limits. He asked staff to look at what it would cost to put in a tracking program. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the standard program designation for the County's Work First activities. VOTE: UNANIMOUS g_ Board of Commissioners Meeting Calendar for 2001 The Board considered a regular meeting schedule for calendar year 2001. Commissioner Brown changed the meeting for January 9th to the 18th and December 18th to the 11tH Geoffrey Gledhill changed the meeting for December 4th to the 3~d A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the Board of Commissioners meeting calendar for 2001 with the changes as stated on the green sheet and above by Commissioner Brown and County Attorney Geoffrey Gledhill. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board considered appointments to the Board of Health. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Dr. Sharon VanHorn for the At-Large vacancy for the term ending June 30, 2002. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Chair Carey to appoint Dr. Alice White for Brenda Crowder-Gaines' spot. Commissioner Brown, Commissioner Gordon, and Commissioner Halkiotis would like to look at the other applications before making an appointment for the other opening. Commissioner Jacobs withdrew his motion and Chair Carey withdrew his second. This opening will be put on the next agenda. b. The Woodlands formerl Nine Gates =Preliminary Plan The County Commissioners considered a preliminary plan for the Woodlands. The subdivision has 41 lots and was originally on the agenda in June 2000 and has been on the agenda a few times since then to discuss a few issues. Planning Director Craig Benedict said that the issues have to do with four primary areas: 1) Verification of Nine Gates Road and the drainage ditch next to the road and the implications; 2) The potential impact of increased storm water runoff from this project onto adjacent properties; 3) The impact of the left turn lane on Jones Ferry Road. The traffic impact study did not show a DOT warranted need for the left turn lane, but the applicant is installing it. 4) The potential impact upon some of the trees along Nine 11 Gates Boulevard. The applicant has agreed to put tree protection measures in place so that there would be limitations to any root damage. He said that Jones Ferry Road could accommodate the additional traffic. He clarified the vote that the Planning Board made originally in May. There was a tie vote of 4-4 from the Planning Board, and the vote was on whether there should be a turn lane. After the June 5th meeting, this item was taken back to the Planning Board, and the vote was clarified that they were in agreement with the subdivision as submitted, and now that the applicant agreed to put the turn lane, they unanimously approved the subdivision, including the turn lane. Regarding the lot sizes, he said that this subdivision was part of two watersheds -University Lake and Haw River. The subdivision complies with the standards for lot sizes in both of the watersheds. The proposal includes 18-20% open space. Delos O'Daniel made reference to a letter he faxed to the County Commissioners' office today, which was distributed this evening. He said that he would like a resolution to his concerns about how this subdivision would affect his property before this Preliminary Plan is approved. He is concerned about the runoff from Jones Ferry Road as a result of the turn lane because he has a trough between the edge of the pavement and the pipe that goes under his driveway. He is also concerned about the possible damage to the major trees along his property line as a result of the paving of Nine Gates Road. He would like assurance that there would be no damage to his trees. Commissioner Brown asked if Mr. O'Daniel's concerns were addressed by the conditions on this plan and Planning Director Craig Benedict said that yes these concerns were addressed. The trees will be protected and there is an erosion plan to which the applicant has agreed. Commissioner Jacobs asked that Mr. O'Daniel be allowed to go and see the tree protection barrier. Regarding the runoff onto Mr. O'Daniel's driveway, Craig Benedict said that the applicant would regrade the driveway. Commissioner Brown asked that Mr. O'Daniel also be involved with DOT to make sure that his driveway is regraded. Ms. B. Hanrath asked about the excess traffic on Ferguson Road off of Jones Ferry Road and also about property valuation and if their valuation would go up or down because of the new homes. She also has concerns about the water supply because there are some wells that are going dry in the area. Maria Tadd talked about the impervious surface limits, the impervious nature of the soil in Orange County, the need to wait for the completion of the study on the recharging of aquifers, and the drainage study conducted by John Harris on July 27, 2000. She gave some statistics of impervious surface limits and the impacts. She said that in the report from John Harris, he stated that he assumed that the footprint of homes earmarked for this development would be 1,500 square feet. However, the plan actually includes homes ranging from 5,000-5,800 square feet. She is concerned about the availability and the quality of the water in this part of Orange County. She would like the developer to preserve the rural character of the area and reduce the size of the development to only 10-20 houses. Janice Cenci, who lives in Turkey Run Subdivision, said that she had voiced her opposition to the proposed subdivision at previous meetings. She spoke about the additional traffic on Jones Ferry Road. She said that Ferguson Road would also be negatively impacted. She made reference to the email she sent each of the Commissioners regarding the demographic projection and financial impact analysis that was included in the preliminary plan package. She feels that the student generation figures are inaccurate. She asked that the Commissioners wait until the Student Generation Study is performed before any more development is approved. She read a quote from the Orange County Comprehensive Plan of 1997 as follows, "The Orange County Land Use Plan is not a static document. The information and data which it contains should be revised and updated as required, to reflect the pace of changing conditions throughout the County. The constant revision and updating of baseline information regarding the planning environment will provide the means to analyze relevant factors contributing to existing and 12 potential land use patterns and problems. Only through this process will the land use plan have continued relevance to land use and development in Orange County. Public officials and administrators should be particularly aware of and responsive to this factor. These review activities should be complemented with a complete review of the land use element within no more than atwo-year period. This review will include the collection and analysis of land use and demographic data, a progress report and citizen input and involvement to evaluate the effectiveness of the plan in terms of the adopted goals and policies and to propose amendments to the plan as required." She said that the land use element review was more than a year overdue. She asked that the growth be slowed until the County can catch up and truly evaluate the impact of the growth. She asked that the Commissioners postpone approval of The Woodlands until the following have occurred and the results have been evaluated: 1) explanation of the apparent discrepancies in the storm water runoff analysis performed by John Harris; 2) completion and analysis of a DOT traffic safety study on Jones Ferry Road; 3) completion of a traffic impact study and safety study on Ferguson Road; 4) a study of a total traffic impact on Jones Ferry Road and Ferguson Road assuming all currently approved subdivisions are built out; 5) completion of a biological inventory of the proposed The Woodlands site; 6) completion of a water resources study that is currently underway; 7) update of the demographic and financial impact template; and 8) review and update of the comprehensive land use plan. Rebecca Torres said that she lives in Turkey Run and likes the rural character of the area. She rides her bike in that area and the traffic is getting heavier all the time. She suggested that the applicants build some bike lanes. She is opposed to this subdivision and would like it to be smaller. John Tullo said that he lives on the smallest lot in Turkey Run. He read a letter prepared by his wife, Lucy, who was out of town. In summary, the letter expressed concerns about the density of the subdivision, the water supply, and preservation of wildlife and trees. He asked that there be a moratorium on future development in parts of the County not protected by the rural buffer restrictions until the citizens can be assured that the full impact of the development is known. Gordon Brown, a private citizen, made reference to an August 15th letter to the Commissioners from Ms. Lynn Cox. He said that on October 23~d, he would close on the property that Ms. Cox owns, and he will be the closest to The Woodlands. He made reference to the defect that was mentioned in the report about the drainage. He said that the footprints were usually based upon a two or two and a half story dwelling. He said that this was aloes-density development. He is in favor of The Woodlands. Commissioner Brown asked staff to go over the drainage issue with the holding pond and the steps being taken by the County. Craig Benedict said that the property drains off in two directions and he pointed it out on a map. He said that the water would overflow from the holding pond down through a new pipe that will be installed under the road near Ms. Cox's property. There is presently a 24-inch pipe, and a 54-inch pipe will be installed by the applicant. It was 10:30 p.m. at this time, and the Board agreed to finish this item and adjourn into a closed session. Craig Benedict said that the Zoning Ordinance says that the inundation of adjacent properties should be limited. He said that the amount of runoff that goes on the property now would be increasing anywhere from 20-25%. He said that this was not really a large amount of water that would be flowing to the adjacent property. He said that there were some mitigation measures added by the applicant for the adjacent property. Several other questions of the Commissioners were answered satisfactorily by Craig Benedict. 13 Commissioner Jacobs suggested having the developer add speed bumps until such time that DOT accepts the road for maintenance. Craig Benedict said that he would discuss this suggestion with DOT. Commissioner Jacobs asked about the overall impervious surface of this development. Craig Benedict said that the impervious surface ratio was 6% within the University Lake watershed and 24% within the Haw River watershed. It was answered that the total impervious surface for The Woodlands would be 16.2 acres of the total 108-acre site. Kim Henry, the applicant and the developer, thanked the Commissioners for staying to vote for this item. She spoke about the drainage to Ms. Cox's property and said that there was drainage from two other places onto her property and this subdivision would not be causing her additional problems. She said that she did not understand why the residents in Turkey Run subdivision would have a problem with a subdivision that is the same size as their own. She said that this plan met all zoning ordinances. She feels the concerns expressed by the citizens are not about her subdivision but about growth. She asked the Commissioners to endorse what the Planning Board and staff recommended. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve The Woodlands subdivision in accordance with the resolution of approval as provided by the staff and included in the agenda. Commissioner Halkiotis said that he did not like this, but that he would only second it because he had a legal obligation. Commissioner Jacobs said that he had spoken with some of the neighbors and he has some of the same concerns. However, this developer has met the standards and, to some extent, exceeded the standards. Commissioner Gordon agrees with Commissioner Halkiotis and Commissioner Jacobs. Commissioner Brown said that she wished Ms. Henry had looked at open space development. She said that the fact that this subdivision meets all of the criteria really points out the fact that the comprehensive plan needs to be completed. She does not feel the legal obligation to vote for this subdivision and will vote no in protest. VOTE: AYES, 4; NO, 1 (Commissioner Brown) c. Sunrise Springs Subdivision -Preliminary Plan The Board was to consider a preliminary plan for the proposed Sunrise Springs subdivision. However, this item was postponed to the next meeting. d. Govinda Hills Minor Subdivision/Pasley Appeal of Private Road Standards The Board was to consider an appeal from Mr. Scott Pasley regarding a staff technical decision to deny the Govinda Hills, phase three, minor subdivision. However, this item was postponed to the next meeting. e. North Field at Creek Wood -Preliminary Plan The Board was to consider a preliminary plan for the proposed North Field at Creek Wood subdivision. However, this item was postponed to the next meeting. f. Section Two -Beaver Valley -Preliminary Plan The Board was to consider a preliminary plan for section two, Beaver Valley subdivision. However, this item was postponed to the next meeting. g_ Reconsideration of Pocket Park at Skills Development Center The Board was to reconsider the construction of a pocket park at the Skills Development Center. However, this item was postponed to the next meeting. h. Lowest Salaried Employee Pay The Board was to consider possible steps to improve pay for the County's lowest salaried permanent employees. However, this item was postponed to the next meeting. i. Proposed 2000-2001 Board of County Commissioners Goals The Board decided to postpone this item until their next meeting. 14 10. REPORTS -NONE 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143- 318.11(x)(5). VOTE: UNANIMOUS 14. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The next meeting of the County Commissioners will be held on Monday, September 25, 2000 at 7:30 p.m. in the Boardroom of the Southern Human Services Center in Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk 15