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HomeMy WebLinkAboutMinutes - 19981117APPROVED 212198 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 17, 1998 The Orange County Board of Commissioners met in regular session on Tuesday, November 17, 1998 at 7:30 p.m. at the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., William L. Crowther, Alice M. Gordon and Stephen H. Halkiotis. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell 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 The Board accepted changes to Consent Agenda item "A" for minutes. They added a resolution to help Mr. Campos gain a waiver of deportation so he can rejoin his family in Carrboro. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to delete the last two items on the agenda identified as Report A - Status of Ground Water Resource Investigation and Report B - School Impact Fee Technical Report Update. VOTE: UNANIMOUS 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Brown stated that citizens who have indicated a desire to speak on an item that appears on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda - NONE PUBLIC CHARGE Chair Brown dispensed with the reading of the public charge. 3. BOARD COMMENTS -NONE 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONSIPROCLAMATIONS a. aiorage or coign Levei rcagioactive vvasie at ine anearon Harris ivuciear rower riant The Board considered a resolution regarding the expansion of storage capacity for radioactive waste (spent fuel rods) at the Shearon Harris nuclear facility. County Manager John Link and County Engineer Paul Thames gave background information as included in the agenda abstract. CITIZEN COMMENTS Mark Marcoplos said that he feels it is really important to have the government stand up to these big government entities that feel they can do anything they want. He said that in 1987 when Shearon Harris was licensed, he went to Washington and they ignored point after point about the danger of such a facility and ruled against common sense. He appreciates anything that can be done locally. Danniell (could not understand her last name and she did not sign up) said that she supports the resolution. As a mother and a person who has real estate in Chapel Hill, she is scared and wants to do whatever she can to prevent something from happening. She said that she went to Washington and attended workshops where they told her what could happen. John Coleman commended the Board of County Commissioners for addressing this and keeping the citizens involved with the process. Jim Warren said that he works with a citizens group who has worked to publicize this plan by CP&L. He said that they have identified a number of technical concerns and they are focusing on the process -- the public has a right to know what is happening. They talk about the 50-mile radius risk assessment. He said that we will have to remain vigilant. He offered to work with the County in this endeavor. His group has technical and legal support. He appreciates what the County Commissioners are doing. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to adopt the resolution as stated below which will be sent to all elected officials in the County, all Orange County legislators, the Governor and all those elected officials within a 50 mile radius of the Harris Plant. ORANGE COUNTY BOARD OF C01VI11IISSIONERS A RESOLUTION REGARDING PROPOSED EXPANSION OF HIGH LEVEL RADIOACTIVE WASTE STORAGE FACILITIES AT CP&L' S SHEARON HARRIS NUCLEAR POWER PLANT WHEREAS, on September 15, 1998, the Orange County Board of Commissioners were advised as to plans for the expansion of the high level radioactive waste storage facilities at Carolina Power & Light's Shearon Harris nuclear power plant in Wake County; and WHEREAS, the Board of County Commissioners have been apprised of the potential risks inherent with the doubling of the storage capacity of the temporary storage pools for high level radioactive waste for the purpose of long term storage of high level radioactive waste, not only from the Shearon Hams plant, but also from two other nuclear power plants from elsewhere in North and South Carolina; and WHEREAS, citizens of Orange County who are alarmed about the plans to expand the waste storage capacity at the Shearon Harris facility and the lack of public input into the approval process for those plans have requested that the Board of County Commissioners intervene in the plan approval process on behalf of the citizens of Orange County to ensure that no such expansion occurs without the public's knowledge and consent; and WHEREAS, on November 9, 1998, the Orange County Commission for the Environment passed a resolution asking that Board of County Commissioners request that an appropriate entity hold public hearings in which Carolina Power and Light will provide additional information about its plans to expand its storage capacity at Shearon Harris and respond to questions about long term storage of high level radioactive wastes: NOW, THEREFORE BE IT RESOLVED THAT the Orange County Board of Commissioners requests that the North Carolina Department of Environment and Natural Resources and the Nuclear Regulatory Commission conduct public hearings in which Carolina Power & Light and appropriate regulatory staff: 1) explain the plans to expand the storage facilities for high level radioactive waste at the Shearon Harris nuclear power plant; 2) outline the risks or lack thereof and explain the risk assessment methodology employed to develop risk projections related to the use of facilities designed for short term storage of high level radioactive wastes for long term storage; 3) outline the risks or lack thereof and explain the risk assessment methodology employed to develop risk projections associated with the transportation and handling of materials from other distant nuclear power generating facilities; and 4) accept and consider public comments relative to support for or opposition to operating or expanding such a facility in this area. This, the 17'h day of November, 1998 VOTE: UNANIMOUS ADDED ITEM b. Resolution to Grant a Waiver of Deportation to Jose Federico Campos Commissioner Halkiotis presented this resolution giving background information on the situation and the community's efforts to help Mr. Campos. Commissioner Gordon stated that while she was sympathetic to the humanitarian concerns behind this resolution, she did not personally know anything about Mr. Campos, and therefore could not sign her name on the resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the resolution as stated below: RESOLUTION REQUESTING THE U.S. GOVERNMENT TO GRANT A WAIVER OF DEPORTATION TO JOSE FEDERICO CAMPOS Whereas, Mr. Jose Federico Campos is a positive, contributing member of our community, and Whereas, by all accounts, Mr. Campos is a person of outstanding moral character, a hard and honest worker, and a decent and loving family man; and Whereas, Mr. Campos' deportation from the United States has caused extreme hardship to not only his five children and other family in the State of North Carolina, but also to our entire community; and Whereas, Mr. Campos' speedy reunification with his family in Chapel Hill, North Carolina is the only humane and sensible option for his family and our community. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS DOES HEREBY RESOLVE: Section 1. The Board of County Commissioners hereby request that the Government of the United States immediately grant a waiver of deportation to Mr. Jose Federico Campos. Section 2. A copy of this resolution shall be sent to President William Jefferson Clinton, Governor James B. Hunt, Senator Jesse helms, Senator Lauch Faircloth, Senator-elect John Edwards and Congressman David Price. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) NOTE: The resolution and letter to President Clinton were signed by four County Commissioners. 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: a. Appointments The Board approved appointments to the Carrboro Planning Board and a Planning Board representative to the Orange County Board of Adjustment as listed below: Susan Poulton was appointed to an unexpired term on the Carrboro Planning Board for a term ending February 1, 2001. Howard McAdams was appointed as the Planning Board representative on the Orange County Board of Adjustment for a term ending June 30, 2001. b. Minutes The Board approved minutes and/or corrections for minutes from the June 4 budget public hearing; June 8, June 9, and June 10 budget work sessions; August 24, 1998 Quarterly public hearing and, October 6 and October 20 regular meetings. C. Classification Plan Amendment - Computer Network Administrator The Board amended the Orange County classification and pay plan to change the class of microcomputer specialist, salary grade 70 ($33,111-$52,650) to computer network administrator, salary grade 71 ($34,768-$55,282). d. Applications for 1998 Property Tax Exemptions The Board approved two requests from the Carolina Vedic Village Society for property tax exemptions under N.C. General Statute 105-282(a)(5). e. Property Tax Refunds The Board approved seven requests for property tax refunds as listed below: NAME ACCOUNT # AMOUNT Lee, Kuo Hsiung D49741 $ 217.70 Lee, Kuo Hsiung E41951 180.65 Lee, Kuo Hsiung F34920 171.06 Bolin Brook Associates 181637 1,507.25 Bolin Brook Associates 181637 275.67 Bolin Brook Associates 171101 2,269.11 Mary Jane Young 94462 43.06 f. Requests for Approval to Proceed with "Improving School-aqe Qualitv Care Grant" The Board approved an Orange County 4-H Program request for $12,200 in grant funds from the N.C. 4-H School-age Quality Care Program to contract with the Joint Orange-Chatham Action Agency to facilitate a two-year accreditation effort at the McDougle and Seawell Elementary after-school program sites. ,q_ Roger Dale Stephens and Felton G. Terrell Zoning Case (Assessment of Civil Penalties) The Board approved assessing civil penalties in the Roger Dale Stephens and Felton G. Terrell zoning case. h. Budget Ordinance Amendment #3 The Board approved an amendment to the County Budget Ordinance which is incorporated herein by reference i. Approval of Operating Agreement - Efland-Cheeks Community School Park The Board approved and authorized the Chair to sign a joint-use agreement between Orange County and the Orange County School system for the Efland-Cheeks Community School Park. L Assessment of Civil Penalties for Zoning Violations The Board approved assessing civil penalties in four zoning cases as follows: Mozelle J. Pratt, Cathrin and Ronald E. Dickison, Donnie Page Clayton and Jack L. Hurley. k. Changes in Regular Meeting Schedule The Board approved changing the date of its goal setting retreat from December 5, 1998 to January 16, 1999, and amending its 1999 meeting calendar to reflect the change. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. SUP-98 - Gearon Communications - Proposed Telecommunications Tower (N.C. 54 West and O'Day Drive Chair Brown announced that this item is being presented as a continuation of the item as presented at the August Quarterly public hearing. Commissioners Carey and Gordon verified that, since they were not present at the August Quarterly public hearing, that they have read all the materials and the minutes of that meeting. The Board suspended its rule about listening to the tapes since they were inaudible. The Board considered approval of a Class A Special Use Permit application for the construction of a telecommunications tower. The property is located in Bingham Township approximately 1155 feet north of North Carolina Highway 54 with the access proposed from O'Day Drive, an existing private road. The entrance from North Carolina 54 is approximately 600 feet west of Bethel-Hickory Grove Church Road. A 2.77 acre tract is proposed with a 10,000 square foot leased area and an additional area designated as a fall zone easement. The property is zoned Rural Buffer and University Lake Protected Watershed. The applicant is requesting a Class A Special Use Permit under Article 8.8.17a of the Orange County Zoning Ordinance to construct a 230 foot telecommunication tower, an equipment cabinet and an area for future additional telecommunication carriers. The tower will be a free standing lattice structure and light steel gray in color. Planner Karen Lincoln presented letters received as part of the public record. These will be listed below the public hearing comments. She said that on October 13, the Planning Board voted 5-2 to recommend denial of the Class A Special Use Permit for the reasons as specified in the agenda. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS (Clerk to the Board Beverly Blythe sworn in those who spoke at this public hearing) Russ Townsley distributed some pictures to the County Commissioners showing the Greenfield area. He said that the burden of proof is on Gearon Communications to show by competent material and substantial evidence that the tower will maintain or enhance contiguous property value. He does not believe that the impact report proves anything. He said that as homeowners on contiguous property they have the right to testify about the value of their own homes. He presented a petition from nine (9) contiguous homeowners who stated that the tower would diminish the value of their homes immediately. They stated that if the tower went up, their homes would be worth less. He said that the impact report is based on adjusted numbers and did not take into account market conditions, improvements made including additions to the houses, new roofing, landscaping, market appeal for a starter neighborhood or closing costs. An impact report looks at sales and resales after the tower is already built. He feels that what is needed are appraisals before and after construction. The neighborhoods used in their comparison study are very different from Greenfield Road and very different from each other. The average lot size in Wildwood is 1/4 acre and the lot sizes on Greenfield Road are one acre. Average home prices are 34% higher on Greenfield Road so market appeal is quite different. He made reference to the towers they used in the impact study and how these were not good comparisons with their neighborhood. He said that there is at least one North Carolina licensed real estate appraiser on public record who opposes using Cornwallis Hills and Wildwood as comparisons and that is Shanon Julian for the Board of Adjustment on December 8, 1997. Even by their own numbers in the Impact Report, there is a slight impact on the effect on the comparable neighborhood. Since these numbers are based on averages, they assume that the homes closer to the tower are probably affected more. Mr. Townsley said that the Impact Report is supposed to be competent material and substantial evidence which works in Gearon's favor, but it actually works to prove his point. When answering the question about the tower being in harmony with the neighborhood, he said that on Greenfield Road all telephone and power lines are buried. They have restrictive covenants and he read these into the record. They include no parking on the street, no cutting trees within 30 feet of the street, no permanent structures can be built within 20 feet of a neighbors yard, no RVs or trailers may be parked even temporarily on Greenfield Road, no junk cars or unlicensed vehicles are allowed, grass must be cut, there are minimum setback requirements, buildings cannot be altered without an agreement with the Homeowners Association, no livestock is allowed, no breeding of animals, no vegetable gardens in front, etc. He emphasized that they have no eyesores in the neighborhood. He submitted some photographs of his neighborhood and told the County Commissioners about each one. He asked the County Commissioners if anyone can reasonably believe that a 235-foot lattice tripod with blinking lights night and day, 400 feet from his land, 450 feet from his solarium will be in harmony with Greenfield Road or with his acre of natural landscaping. He feels that Gearon has not attempted to address this issue. On Greenfield Road they have unanimous support up and down the street and the County Commissioners have letters and petitions signed by 25-30 people stressing that point. He said that in the impact report, they don't talk about maintain or enhance. They only talk about not having a negative effect. To illustrate they have no problem in communicating from the Orange Grove area, he submitted for the record a tape of several phone calls from Fred Stipes, the Association President from locations on West 54 the Association President, whose voice could be heard . Mr. Townsley made reference to the Orange County Zoning Ordinance, section 8.8.17a.1, which says that Gearon Communications is required to include on the site plan all structures within 500 feet of that tower. A shed and a home located within 475 feet of the proposed tower were left out of the report. In closing he put forth his strongest objection to the shoddy material that Gearon Communications has tried to pass off as competent and substantial evidence saying that the people in Orange County and on Greenfield Road deserve better. Chris Braun distributed a written statement. He said that Gearon Communications has made it clear that they believe there is a need for this tower, a need for better communications for things like emergency services, EMS ambulance rescue on NC 54 and in the Orange Grove fire district. He has been a paramedic for seven years and has not once used a cellular phone for an emergency reason. The reason is that they use radios which are more than adequate, less expensive and more reliable. The Durham EMT department also uses radios. In a recent Department of Transportation report on emergency services communications in North Carolina, they basically looked at alternative options to current systems that were in place for communications for police, ambulance and fire and they determined that cellular phones are more expensive and that the total effort would be expensive, they take longer to connect than 2-way radios when time is of the essence and that cell sites are not dedicated to a specific customer. In conclusion, the DOT report proposed that 800 megahertz radios be used as an alternative. He said that recently he heard that there is thought to be a need for bigger and better cellular communications for hospitals. He works at the hospital and in a recent memo to employees, the hospital announced that it will be implementing a policy which restricts the use of cellular phones in the hospital because they interfere with patient equipment. He feels it would be a shame to let a tower come into their neighborhood and degrade the environment. Jon Webster said that he and his wife were looking for a home this time last year. They decided to purchase a home on Greenfield Road. It is a beautiful neighborhood with large lots and with everyone keeping their homes looking nice. If a tower is allowed to be placed in back of some of their neighbors yards, there is no way the existing vegetation will cover the blinking light or that it will be obscured from view. When you pull into the road, that will be the first thing you see. Had this tower existed last year when they were looking for a house, it would have been questionable whether or not they would have purchased on Greenfield Road. He feels it would be a shame to have this tower go up and affect their neighborhood. He does not see any way that this tower can coexist with their road without ruining the way the road looks and the way people think of their neighborhood. He feels it would be a real shame. Rakhski Khan said that they bought their house in 1992. She submitted a written letter for the record. She said that the area is beautiful and peaceful. The site for this proposed tower is about 500 feet from her back deck. If the tower goes up, her property will not be worth the same to her anymore. She will no longer be able to enjoy the beauty of her backyard. Every time she enters her house, the first thing that she will see will be this 235 foot tower. She asked the County Commissioners to listen to all of them and invited them to come and see the property. She said that if this tower was there in 1992, they would have never purchased this property. They have worked many hours to understand the process and are here tonight to tell the County Commissioners of the impact this tower will have on their property and their lives. She could go on and on and tell the County Commissioners how this tower will not be in harmony with the homes and property on Greenfield Road and other issues but will let other people address some of these issues. She read one letter from Dr. Bryant Cook who could not attend this meeting. He said that he is the owner of 9709 Greenfield Road in Chapel Hill, North Carolina. He is strongly opposed to the proposed cellular tower to be built adjacent to the Greenfield Subdivision for the following reasons: • the aesthetics of the project are horrendous to the adjacent property owners • shrinking property values both in the dollar sense and in emotional sense • to approve this tower would show disregard for taxpaying citizens who have lived in this neighborhood for 20 years • quality of life issues such as trees versus structure In summary, he asked that the County Commissioners vote no on this project. Jan Scallion said that she lives on Greenfield Road. The area is beautiful and peaceful. She is a single mom and bought her house two years ago. She told about how she painted her house and landscaped the yard. She wants to stay there. They have been assessed about a 20% increase in real estate property taxes which shows that their property values have increased. With the tower, they will certainly go down. She works at the hospital and they do not use cell phones in the hospital because it interferes with some of the equipment. She said that there is new technology coming and early in the next millennium, we will not need these towers. She feels this tower would be detrimental to their property values and she asked that the County Commissioners vote against it and she is definitely opposed. Amanda Stipe talked about emergency services as an animal control officer for the Town of Carrboro. She does not use a cell phone because she has no problems with her two-way radio. She does not think that this tower will generally maintain or promote the public health, safety and general welfare which is one of the requirements of the ordinance. Fred Stipe said that as co-president of the homeowners association, he strongly opposes the rezoning of this particular property for this purpose. This is based on appearance and visibility. He distributed some photographs which showed that almost all of the trees in their neighborhood are deciduous. There are a very small number of pines. If the applicants conducted their balloon test now that most of the leaves have fallen off their trees, he is sure their photographs would be a lot better because you could see how ugly this thing is going to be. Their neighborhood has a restrictive covenant that requires buried utility lines and a very strong emphasis on neighborhood appearances. He does not feel that a 230 foot tower with a red blinking light on the top of it and a white blinking light in the middle of it is going to enhance the visual quality of this neighborhood. He challenges one to show how that will happen. With regards to information they have received about property values and property values not being devalued, he asked that the Board members rely on their common sense when trying to determine whether or not property values really will be enhanced. They will see a lot of numbers and a lot of surveys, probably hundreds of pages of information that will somehow look to indicate that property values will not be affected by this tower. However, he would like them to consider the fact that he has not met anyone who would come to his house and sit in his backyard and look up and see a 230-foot tower with a blinking red light on it and would tell him "oh my, you have a beautiful blinking red light tower in your back yard, I wish we had one in our neighborhood. I think I'll go out and look for a neighborhood that has one so I can buy a house there". He thinks that the Board understands the difference between what your common sense will tell you about property values and what the quality of life is going to be like living underneath a flashing light, basically what equates to a hotel vacancy sign that will blink all night. He feels that this will set a precedent. They have grave concerns that once this proposal is accepted by the Board to rezone this particular plot of land, to accept this type of development that is currently in the Rural Buffer area of the County if you so decide to approve it, it will set a precedent and there will be no end to it. All the rest of the population of Orange County would be very disappointed because if you would put one up in this area, you would put it up anywhere. He asked the County Commissioners to not approve the rezoning for this particular proposal. Jim Cain representing Gearon Communications said that he feels it appropriate, as the previous speaker said, to rely on your common sense and a great deal on the facts. He will present additional evidence as required by the County's ordinance and in response to the Planning Boards request. The Planning Board made its recommendation against approval on two very specific grounds; one having to do with balloon photos and one having to do with the property valuation issues. They have new evidence in response to those objections by the Planning Board that address those two very specific findings. He has three other pieces of additional evidence that they would like to submit. The first is an aerial photograph of this site which shows two very important features of this site. One is that it is in a very heavily wooded area and in one of the best sites in Orange County because it is right next to American Stone Quarry which has been there approximately 22 years. The photograph is designed to show the character of the area in which this tower is going. The second item is a letter from Nextel Communications. There was a question raised by the Planning Board on how many carriers will be on this site. Orange County has an interest in minimizing tower proliferation to minimize the number of towers so the ordinance wisely tries to encourage carriers to locate multiple users on their towers. They had stated in their initial presentation that this was an issue with Bell South location designed to handle up to six users. That is still the case, but they also now have a second user who has declared their intention to go on this tower and that is Nextel and he submitted a letter as evidence of that intention. Third, in response in part to comments made by some of the prior speakers, he submitted a letter from the University of North Carolina Hospital System, signed by Drew Melvin, Telecommunications Analyst, in which he testified to the need and desire by the hospital system for this communication tower. He read this letter which is herein incorporated into these minutes by reference. In response to the Planning Board objection that photographs did not adequately depict the site from Greenfield Road and specifically the balloons from North Greenfield Road, he distributed some pictures taken from the back yards on Greenfield Road with the balloons flying. He said that in the first picture you see the photographers finger pointing to where the balloon is. As a prior witness commented, with the tree foliage, it is virtually impossible to see the balloons. In the third photograph, it is really impossible to see the balloon either in this picture or the day the photograph was taken because of the distance the balloon was from the back yard and the light in the photograph. The final picture, the large picture is an actual picture taken from the backyard of one of the neighbors houses. It is a computer simulation of the lattice tower superimposed behind the trees as the tower would look through the trees. This shows that the tower would be very difficult to see from this particular vantage point. This was to address the Planning Board's concern over the inadequacy of photos because they did not depict the view from Greenfield Road. The other specific Planning Board concern was over the inadequacy of the appraisal which he believes the record will reflect was their concern over the inadequacy of including comparables from Orange County. He presented Mr. Tom Morgan, a certified appraiser, who has conducted a further study of cell tower locations in Orange County with comparables that he believes will respond to the neighbors concerns and the Planning Board concerns with respect to similar lot sizes and similar values. Chair Brown and Commissioner Gordon made reference to the adequacy of photographs and Carolyn Briggs from Gearon Communications answered questions about the pictures. Commissioner Gordon said that the finding has to do with the following: "photograph of a clearly visible balloon floated at the proposed tower location to the maximum height of the tower. Photograph shall be taken from locations such as property lines, etc. and other locations that are deemed necessary by the Planning staff to assess the visible impact of the proposed tower." She said that the photos are showing nothing clearly visible so how is this addressing the concern. Mr. Cain said that there are already submitted in the record some additional 14 photographs that were discussed at the prior public hearing. Some of those clearly show the balloon. He said that he believes the concern on the part of the Planning Board was the fact that there was no representation from the Greenfield Road site itself and that is what the most recent photographs were designed to respond to. Carolyn Briggs said that she was actually present for each of the photographs. The photos were taken by a professional photographer. Mr. Katz from the Planning Board was present as were a few of the neighbors. She explained how the photographer took the pictures and said that because of the lighting, you can't really see the balloon in the photographs. If they had taken the pictures in the afternoon when the winds picked up, it wouldn't have been an accurate location of where the balloon would be located. Commissioner Gordon said that her question is that the finding has to do with a clearly visible balloon and the photos show there is no visible balloon, so how does this answer the Planning Board problem. Carolyn Briggs said that it is a problem that they tried to address with the photographs and by inviting everyone out to the site for the balloon test. It was not possible to get an accurate location with the balloon just because the way that particular site was, the balloon would not be located in an accurate location when they could photograph it. When they could photograph it when it was in an actual location the sun was such that they could not, which is why they sent out additional notification to everyone and had a professional photographer and that is why his hand is located where the balloon would be located in the photograph. Commissioner Gordon said "but you can't see it right in the photos" and Carolyn Briggs said "right". Jim Cain said "well, isn't that what he is pointing to with his finger". Carolyn Briggs was going to answer further but Commissioner Gordon said that Ms. Briggs answered her question. "You can't see it in the photos. Thank you." Jim Cain said he would like to remind the Commissioners that there is a photograph previously in evidence where you can clearly see the balloon which he believes was the response we were intending to give to the Commissioner Gordon. Commissioner Halkiotis said that he was under the impression that the University had their own paging system on a tower at the University complex so he is not sure how all this fits into the issue at hand. Mr. Winston T. Morgan, general certified appraiser, distributed information. He said that one of the most difficult things to address is the impact on value of something which is not there yet. That's probably very difficult and especially when you are talking about a 235-foot tower, but one of the ways of addressing it is looking at other subdivisions where you have an impact from some type of tower. When he was asked to do a study locally, one of the questions was to find residential dwellings around it and are there any in Orange County. The main ones he can think of in Orange County are the three 1100-foot+ towers out at Turkey Run on Jones Ferry Road. He read the letter on the front of the Impact Study. Again, when you are looking at the Bingham Township and you are looking at Greenfield and the impact on it, it was developed back in 1977 into a 19-lot single family subdivision and it is a large lot subdivision without water and sewer. The structure price range is between $112,000 to $135,000 to $138,000 and attached to that is another document which has listing sales from our Triangle MLS that shows Greenfield and then Turkey Run. Mr. Morgan said that when looking at the southern portion of Bingham Township in or near Orange County, the only thing he found that would compare with the Greenfield area were the three towers on Jones Ferry Road. There are three towers. One is 1,000 feet. One was put up in the early 1950s and that is with the construction of the UNC public TV tower. There was one put up in 1984 by the Villages Company as a radio tower. There is no way to measure on Greenfield as to impact or not impact. Going through an extraction method is the only way they can do it to try to bring it in as near a comparable of something that is out there and exists today. He showed slides of the three towers on Jones Ferry Road. He showed on a map other towers which are over 1,000 feet tall. He distributed information on value and said that the location of the towers on Jones Ferry Road has not had an impact on value. Because the strobe lights from these towers which are located behind these houses have not hindered their sale and resale, he does not think that a 235-foot tower is going to impact value on the houses in Greenfield. The other thing to look at is that the Board approved in 1977 the tower for The Villages and the Special Use Permit. He stated that In the 1950s, 60s and 70s there was a lot less development in that area. Most of the houses in that area have been built after those towers were there. He invited the County Commissioners to drive out and see the lights and draw their own conclusion. He said that the County's public records indicate that there has been no decrease in value in that property as a result of those 1100-foot towers that are lighted and as a result he will draw the conclusion that a 235-foot tower will not impact the values in Greenfield. Carolyn Briggs with Gearon Communications made reference to the lighting and said that the type of lighting that they are using is the minimum lighting required by the FAA. It is designed by Flash Technology and designed for structures moving into residential areas. It is white during the day and red on/off during the night. However, there is no longer the old fashion red scatter lights down below. The particular lighting is focused above a 10 degree horizontal for aviation obstruction purposes and below that the lighting drops off to about 1 %, so the effect from it is about the same as what a 40-watt red bulb would have in a distance. The impact of those lights has been significantly reduced for these purposes. They feel this is an excellent site. It is as far off of Highway 54 as they can go. They are trying to bury it in the trees and get as far away from residential areas as possible. They wanted to find an area that would meet the requirements of the ordinance and would have the least visible impact in the area. The technology is growing rapidly and carriers need a place to put their antennas. They would be able to put all carriers on one structure. They have been able to piggyback on this structure. They have other carriers that are very interested in this area and also need to have coverage in the area. The only alternate location that would meet the requirements is on OWASA property near NC 54 and there are residences immediately behind that property with little or no vegetation. Gary Phillips said that he was asked by the people on Greenfield Road to first analyze the impact study, second to determine if there were other circumstances, other property similar to this that we might draw some inferences from and third to analyze the project in connection with the specific zoning articles that apply. With reference to the impact study, he said that both are seriously flawed. There are only two ways to look at the impact of adjacent property and the potential impact on value and that is to compare sales analysis or to use before and after appraisals. The impact study basically says that real estate values have increased in Chapel Hill over the past several years and he agrees with that but it has no impact on the question at hand. Specifically, the study listed that the second factor of value would be the neighborhood in which the structure would be located and he would list this as the primary factor of value. He told about his experience with towers in the Olde Turner Road area of Hillsborough and how difficult it was to sell the land around the tower. They had to reduce the price on those lots closer to the tower and they sold for 25-30% less than lots further away from the tower. His conclusion is that Gearon Communications has not met the requirements of the articles under the special use permit. He feels that Gearon Communications has not presented competent material or any evidence to the facts and conditions which this ordinance requires for approval; they have not proven that the use will maintain or enhance the value of the contiguous property and that they have not provided evidence that it will be in harmony with the area in which it will be located. David Kroninger who lives on Greenfield Road said that visual impact to him is the impact on his vision. He asked if they could put a crane up 230 feet with the exact blinking lights that they are proposing and take pictures of that. He believes that a balloon has no correlation and a crane would. He opposes the tower. He has lived on Greenfield Road for 14 years and their value has increased 110% in the last 14 years. Marie England said that her house would be closest to the tower. She read a letter in which she said that she feels betrayed that this tower is proposed to be erected behind her home. She has lived there for 18 years. She takes joy in the beauty of the area and the view from her home. She has had several offers from people who want to buy her house because of the aesthetics. She feels that this structure will spoil the tranquillity and harmony of this road. She asked if there was not another location for this tower which would not be in such a close proximity to homes. She has not had to use draperies for 18 years and she would rather not have a blinking red light into her bedroom. Greaory Moors lives on Greenfield Road. He agrees that maybe a crane can be put up where the tower is going to be built, maybe they would get a different impression. Gary Phillips , previous speaker, told about his qualifications. He said that he is a real estate consultant and land planner in Carrboro and has been for 15 years. His local clients include OWASA, various institutions - public and private and his specialty is before and after appraisals, specifically conservation easements and condemnation of property. Mr.Rob Davis said that he is a real estate broker for Howard, Perry and Walston. His house has been on the market for 3-1/2 months on Greenfield Road. This is an unusual amount of time for a house to be on the market. He talked to four people who walked away from his house because of the tower. He feels that the proposed tower has already affected him and that there is an impact. He said that the deciduous trees have lost their leaves and the tower will be very visible from his back yard and you will be able to see the red lights. The moonlight drive comparison down Jones Ferry Road is that most of them are not affected because the tower is behind a hill. Mr. Jim Cain asked Mr. Phillips some questions about value and if he has actually seen a study that concludes that towers have an adverse impact on the value of property. This verbatim conversation is incorporated herein by reference. See Attachment A. DOCUMENTS RECEIVED TO BE ENTERED INTO THE RECORD Memo, dated 10/26/98 from the Orange County Planning Department to adjacent property owners regarding the changing date of public hearing on SUP-2-98 Gearon Communications Memo dated 10/19/98 from the Orange County Planning Department to adjacent property owners regarding the public hearing on SUP-2-98 Gearon Communications Notice of the public hearing for August 24, 1998 at 7:30 p.m. Document from Russ Townsley and petition from 9 property owners on Greenfield Road Letter from Christopher J. Braun Letters from Rakhshi Khan and Dr. Brian Cook Letter from David and Catherine Kroninger Letter from Marie Englund Letter from Rob Davis Signed statements from 13 residents on Greenfield Road Materials submitted by applicant: Property map/aerial photograph of site Letter from Nextel (application to lease) Letter from Drew Melvin Photographs of balloon flight taken from Greenfield Road Impact Study by Morgan & Company, Inc., including photographs A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to close the public hearing and to place this item on the agenda for the December 1 agenda for decision. VOTE: UNANIMOUS b. Efland-Cheeks Community School Park Final Plan Approval The Board considered granting final approval of plans for the Efland-Cheeks Community School Park. They had reviewed preliminary plans for the Efland Cheeks Community School park in August, 1998. The primary concerns at that time were that it did not include lighting of the basketball courts nor accommodations for future lighting of the athletic fields. Director of Purchasing and Central Services Pam Jones said that the revised plans include both of those components. The specifications for the basketball lighting have been included and the conduit locations for the playing fields plotted onto the plans. In order to maintain flexibility in the event of significant cost overruns and to isolate the cost of the lighting, the consultant has been requested to include the lighting package in the bid for Phase I work as an alternate. Another modification to the original plan is the use of a landscape tile in lieu of asphalt proposed for use in the parking area closest to the basketball courts. The impervious surfaces were exceeding the 12% limit and the use of landscape tile was seen as a way to not only address that issue, but to also improve the aesthetics of the area. Regarding the paths, they have confirmed that these paths will accommodate emergency vehicles. Pam Jones said that she plans to meet next week on locating a Sheriff's satellite station on this site. This project will go out for bid early in 1999. Commissioner Halkiotis expressed a concern that on the original plan there was an area identified for a future gym and now it is identified as a future building site. He noted that there is a gymnasium at Efland Cheeks School which is being renovated at this time. Commissioner Gordon asked for a drawing that shows phase I only and another drawing that shows potential building sites. Mr. Leo Allison, citizen in the Efland Cheeks area, thanked the County Commissioners for their support of this project. He said that the task force has reviewed all the items and they have no real problems at this time and he hopes the County Commissioners approve the plan. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the plan for phase I of the Efland-Cheeks Community School Park. VOTE: UNANIMOUS C. Tax Refund Request - Frances Mickles At the November 4, 1998 meeting, the Board considered a request from Mrs. Frances Mickles to refund a portion of property taxes that she paid for tax years 1993 through 1997. The requested refund totals $759.99. The Assessor's office ascertained that she had been improperly taxed for 288 square feet of heated space, which should have been taxed instead as an unheated carport. The Board's vote on November 4 was 2-2 on a motion to grant the refund request by Mrs. Mickles. The Board indicated that it would like to take this issue up again when all Board members will be present at the November 17 meeting. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to reconsider this tax refund request. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the refund resolution approving a refund of $759.99 for Frances Mickles. VOTE: AYES, 4; NOS, 1 (Commissioner Crowther) d. Solid Waste Management Issues The Board considered responses from the governing boards of Carrboro and Chapel Hill to the Board's August proposal for future solid waste management responsibilities. John Link mentioned that the LOG Finance Committee will meet soon. Chair Brown said that the financing of future facilities is the key to solid waste management issues for the future. She will bring back for the Board's consideration a recommendation for financing future solid waste initiatives. She will also talk with the mayor of Chapel Hill about the use of the Greene Tract for a future C&D site. The Board decided that the key issues are as follows: => financing future solid waste initiatives => use of the Greene Tract for a C&D site => general use of the Greene Tract => date the County takes over operations => representation of the County on the LOG => how to use the land the LOG has designated for a transfer station and a MRF A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to put this item on the Board's agenda for their December 8 work session with a presentation from Gayle Wilson on a creative proposal presented at the most recent LOG meeting that could result in several solid waste facilities being accommodated on LOG owned property at the Eubanks Road landfill. VOTE: UNANIMOUS NOTE: Commissioner Carey asked that the information from Gayle Wilson referenced in the motion above be distributed before the meeting. e. SUP 3-98 Orange Regional Landfill (Modification) The Board considered a modification to the Class A special use permit for an addition to the Orange Regional Landfill. The Orange Regional Landfill is located on the north and south sides of Eubanks Road (SR 1727) north of Chapel Hill. The subject property contains 12.76 acres and is located immediately west of the existing landfill on the north side of Eubanks Road. The applicants are requesting a modification to a Class A Special Use Permit issued on the above referenced property on May 5, 1997. The proposed modification will add an area to be used for recycling glass and metal cans. The expansion includes a 7,500 square foot concrete slab, two open sheds (600 square feet and 900 square feet) and 44,000 square feet of additional vehicular surface. A motion was made by Commissioner Crowther, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS NOTE: Commissioners Carey and Gordon were not present at the August Quarterly public hearing. They both stated that they have read the material and the minutes from that meeting. The Board suspended its rule about listening to the tapes since they were inaudible. A motion was made by Commissioner Carey, seconded by Commissioner Crowther to approve the Class A Special Use Permit modification per the Planning Board recommendation. VOTE: UNANIMOUS f. Price Creek Estates - Preliminary Plan The Board considered approval of a preliminary plan for Price Creek Estates, located on the Orange-Chatham County border. The northern portion of the proposed 21-lot Price Creek Estates major subdivision straddles the Orange-Chatham County line in Chapel Hill township. Proposed lots 11 and 12 lie partially in Orange County. The 19 other lots have already received approval from Chatham County. Access to the proposed subdivision is exclusively through Orange County via Booth Road and newly named Amber Wood Run, a proposed public residential street which intersects with Booth Road. Planner Karen Lincoln showed the location of this subdivision on a map. She said that the surrounding land uses are residential. Mr. Warren Mitchell, engineer for the project, added a brief history of how the boundary survey in 1987 was done. A motion was made by Commissioner Crowther, seconded by Commissioner Carey to approve the Price Creek Estates Preliminary Plan and that Orange Affiliated Partners be contacted to complete documentation for that subdivision (complete conveyance to Orange County of the area dedicated for public use in Oak Crest Subdivision as provided per condition of approval for that subdivision.) Chair Brown asked that we look at the width of the trails and think about what kind of paths we want. The Board agreed by consensus that this needs to be done and John Link will respond back on this request. VOTE: UNANIMOUS EXTENSION OF MEETING TIME The Board agreed to extend the meeting by 15 minutes. BOARD MEMBER EXCUSED The Board agreed to excuse Commissioner Carey from the remainder of the meeting. g, Cable TV Franchise Renewal - Update The Board received from Mr. Bob Sepe, Triangle J Council of Governments Cable TV Consultant, an update on cable TV franchise renewal discussions and considered whether to extend Time Warner's Cable TV franchise agreement in 1999. He said that progress has been slow. All franchise agreements have expired. He listed the points on which they have agreement saying that the areas of disagreement are considerable. The Board took no action on this item. h. Telecasting County Commissioners Meetings The Board considered appropriating not more than $22,000 for a consultant to design county facilities to telecast County Commissioners meetings. Michael Patrick, Chair of the Cable TV Advisory Committee, presented a summary of the information in the agenda. He said that they have reviewed this proposal in detail and feel that MHT of North Carolina, a Chapel Hill audio-visual design consulting firm, will do a good job at a reasonable price. The design plan should be ready by early 1999 along with a cost of what it will cost for televising County Commissioners' meetings. A motion was made by Commissioner Gordon to award a contract to MHT of North Carolina, Inc. for consulting work in the development of telecasting capabilities in two County facilities for a sum not to exceed $22,000 and to authorize the Chair to sign on behalf of the Board. NOTE: This motion failed for lack of a second. In answer to a concern raised by Commissioner Halkiotis about the electrical component, Mr. Patrick said that this item was listed only to be sure that we have everything in place at both facilities. Commissioner Halkiotis said that he has a problem with spending one half million dollars to upfit two facilities so they can televise their meetings. In answer to a question from Commissioner Gordon about why the cost would total $22,000, Michael Patrick said that the $22,000 represents a 20% discount from the original amount. He said that they will look at options and ways to save money without compromising functionality. One of the problems they have is that until they go through the design process, they won't really know what their options are. A motion was made by Chair Brown, seconded by Commissioner Crowther to delay action on this item and to discuss the total cost of this project at the Board retreat scheduled for January 16, 1999. VOTE: UNANIMOUS The MTH consultant, Mr. Chuck Henage, said that he has a notion that $200,000 for each facility would accomplish everything. They may be able to reduce the project by one-third. They could reduce the amount a lot if they had people using tripods and cameras. 10. REPORTS a. Status of Groundwater Resource Investigation This item was deleted from the agenda and will be placed on a future agenda. b. School Impact Fee Technical Report Update This item was deleted from the agenda and will be placed on a future agenda. 11. APPOINTMENTS -NONE 12. MINUTES - NONE 13. CLOSED SESSION (10:25) "To establish the County's position and to instruct the county manager and the county attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). This item was deleted from the agenda and will be placed on a future agenda. 14. ADJOURNMENT With no further items for the Board to consider, Chair Brown adjourned the meeting. The next regular meeting will be held on Monday, November 23, 1998 at 7:30 p.m. at the Judge F. Gordon Battle Courtroom in Hillsborough, North Carolina. Margaret W. Brown, Chair Beverly A. Blythe, Clerk