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HomeMy WebLinkAboutMinutes - 19990202APPROVED 6130199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 2, 1999 The Orange County Board of Commissioners met in regular session on Tuesday, February 2, 1999 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs 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. 1. ADDITIONS OR CHANGES TO THE AGENDA The County Commissioners agreed to add to the agenda as item 9e1 a funding proposal for "Additional Funding for Process to Determine Whether to Challenge the Nuclear Regulatory Commission Staff's proposed finding of No Significant Additional Hazard for Storage of Waste Nuclear Fuel Rods at Shearon Harris Nuclear Power Plant." 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon requested that citizens who wish to speak to an item on the printed agenda to please sign the clipboard in the back of the room so that they will be recognized at the appropriate time. b. Matters not on the Printed Agenda Peggy Pollitzer, member of the Shaping Orange County's Future Task Force, distributed an interim report. She said that the Task Force reviewed all the information they gathered and studied how to make it a manageable piece of work. They formed eight (8) focus groups. They formed a committee to develop a process they could use in looking at issues without creating conflicts. The committee drew up a value statement on which they all agreed. They developed some working goals and objectives which they will use in their process when developing scenarios. County staff gathered statistical information which they will use as a basis for their scenarios. They meet next week and will start the process of looking at issues and developing some recommendations. They hope to have an interim report in April and a final report with recommendations by the end of the summer. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis asked staff if there has been any formal response to letters sent out a couple of months ago on behalf of Mr. Campos. He asked for an update at the next meeting. He commended Chair Gordon for keeping the County Commissioners posted on the CP&L issue. He is concerned because Orange County has public hearings for such issues as changing the name of a road, or for a subdivision request or siting a gas station. However, we have a proposal to house spent nuclear rods and the process we are subjected to bothers him. He is disturbed that CP&L made comments that only one County Commissioner attended the tour of their facility. If he had known that they were going to be beaten up in the press because only one County Commissioner attended, he would have attended. Now CP&L won't allow our consultant into the facility. He feels that when we get to the point of intervening that it will be important that we have a strong paper trail. He made reference to some newspaper articles that supported an open process. Today, he talked with a couple of other elected officials and heard rumors that Duke Power is trying to get support for CP&L and asked for additional information on this rumor. He is concerned because the day before the County Commissioners' retreat, Shearon Harris had an emergency shutdown. He was against the Shearon Harris plant back in 1986 and he is still against it. He encouraged the County Commissioners to hang tough and intervene in the process. Commissioner Jacobs asked if the County has ever done a systematic environmental review of County government. John Link said that we have looked at such things as energy efficiency. Commissioner Jacobs said that he would like to look at starting such a review. Regarding air pollution, he noted that he did a story about 10 years ago on the weigh station between here and Mebane which at that time did not have the staff to do air quality pollution testing on the big trucks going through there. He suggested that we ask DOT about the possibility of conducting air quality monitoring at this weigh station. Commissioner Brown shared with the County Commissioners information from the Skills Development Advisory Board meeting which was held in the Skills Development Center. She said that the facility has been operational for about one month. They plan to have a grand opening celebration in March. She noted that they still have some security issues they need to resolve. She plans to take the lead in developing a transportation plan for the building so that there is a good schedule for parking and a plan encouraging people to use the bus and other modes of transportation. She said that one of the big concerns at the Skills Development Center is the computer system and she asked for a timeframe for making it functional. She would be glad to meet and show the facility to whoever would like to see the building. Chair Gordon said that she feels it's really important that the County be Y2K prepared and ready to test their systems and equipment by June. She would like to have contingency plans for County government and asked that staff give an update on where they are with Y2K by February 15. With reference to CP&L and the tour, Chair Gordon said that she did ask that the consultant and she be allowed to tour the facility on the 29th and that request was denied. We are sending them a letter asking them to respond to the County's request in writing. She does feel it is important to get information on this issue out to the public so citizens will know what the County is doing. County Engineer Paul Thames gave an update on the CP&L issue. He listed the cities and counties who have indicated support for an open process from CP&L. He said that Chatham County is going to petition the NRC for a 30 day extension on the comment period on CP&L's expansion. Commissioner Jacobs said that CP&L is acting under the assumption that the County will file a response to their application for expansion. He explained that the longer that CP&L can store spent fuel rods here the longer they will have to store them here. He was assured on the tour that CP&L does not want to take rods from another utility but knows that may not be the case. Commissioner Brown made reference to the meeting they had with CP&L last Monday. They specifically asked CP&L to consider establishing an effective way to communicate with them, to make a commitment to an open process, and to work with the County's consultant. CP&L rejected making a commitment to an open process. Commissioner Brown indicated that she supports the comments made by Commissioner Halkiotis. As Go Rty COMMicciGRers she She feels it is tl:!,e# the County Commissioners' job to protect the health, safety and welfare of Orange County citizens and that the County Commissioners should look at the situation and move ahead with hiring a consultant. She is interested in knowing about the CP&L application and what it contains. At least if the County does everything it can to open up the process and if there is an accident at that facility, she will know that she did everything she could on behalf of the citizens of Orange County. Chatham County has already spent about one million dollars on low level nuclear waste issues and that is why they have not put any funds toward this consultant. Commissioner Carey supports moving ahead and getting a consultant's report. He feels we really have no choice but to intervene because we do have concerns about the health and safety of our citizens. Commissioner Brown asked that there be a press release developed on this issue for the newspaper 4. COUNTY MANAGER'S REPORT John Link introduced to the Board the new Human Rights and Relations Director Annette Moore. He gave information on her background as included in the press release distributed. 5. RESOLUTIONSIPROCLAMA TIONS a. Ozone Air Quality Action Plan The Board considered a Commission for the Environment recommendation to create a County Air Quality Action Plan. David Stancil, Environmental Resource Conservation Director, said that on January 11, the Commission for the Environment adopted a resolution asking the Board of Commissioners to authorize the creation of an Air Quality Action Plan for Orange County. The resolution also asks that the County, as part of this plan, join the N.C. Air Awareness Employer Coalition. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt the resolution as stated below and to instruct the Manager to work with the ERC Director, County Engineer and Transportation Planner to develop a draft plan for review by the County Commissioners in May. Orange County Board of Commissioners A Resolution Approving Development of an Ozone Air Quality Action Plan WHEREAS, the Triangle region, in which Orange County is located, has elevated levels of ground-level ozone during the summer and may not be able to meet new air quality standards for ozone established by the U.S. Environmental Protection Agency; and WHEREAS, residents, employers, and employees in Orange County should do their part to help the region meet air quality standards, and WHEREAS, the North Carolina Department of Environment and Natural Resources (DENR), Division of Air Quality has developed the North Carolina Air Awareness Program and regional air quality coalition to address the problem, and WHEREAS, an ozone air quality action plan is needed to define action that Orange County will undertake to address the ozone problem in the County, AND WHEREAS, the Orange County Commission for the Environment has requested that the Board of Commissioners direct staff to develop an air quality action plan, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners directs the County Manager and staff to prepare an Ozone Air Quality Action Plan for Orange County, which should include Orange County joining the North Carolina Air Awareness Program employer coalition. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS- NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: a. Minutes This item was removed and placed at the end of the Consent Agenda. b. Property Tax Refunds This item was removed and placed at the end of the Consent Agenda. C. Haverusemem:or iax Liens on Keai rroperTV Tor rauur The Board approved advertising liens on real property und, relative to $4.74 million in uncollected tax revenue for fiscal year 1998. d. Computer Systems Support Outsourcing Agreement vti This item was removed and placed at the end of the ConsE e. Zonina Atlas Amendment: Z-5-98 - L.J. Roaers Jr. Truc The Board approved a Planning Board recommendation to Grove Township by rezoning a 5.5-acre tract from NC-2 Neighborhood General Statute 165-369 error in the zoning atlas in Cedar al and AR Agricultural Residential to EC-5 Existing Commercial. The proposed rezoning is located at 7818 NC 49 on the northwest side approximately 1,100 feet southwest of the intersection of NC 49 and Corbett Ridge/Carr Store Roads. f. 1998-99 Cost Allocation Plan Contract The Board approved and authorized the Chair to sign a contract in the amount of $9,000 with DMG MAXIMUS Inc., to prepare the County's indirect cost allocation plan. g Refund of Real Estate Excise Stamps The Board approved a request for refund of real estate excise stamps in the amount of $88 paid on the sale of real property VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: a. Minutes A motion was made by Commissioner Halkiotis, from its Nov. 17, 1998 regular meeting as corrected. VOTE: UNANIMOUS seconded by Commissioner Carey to approve the minutes b. Property Tax Refunds A motion was made by Commissioner Halkiotis, requests for property tax refunds as listed below: NAME Kimberly D. Terry Velma T. Sneed Liberty C. Overman Chapel Hill Country Club Chapel Hill Country Club Cornerstone Realty Income VOTE: UNANIMOUS seconded by Commissioner Carey to approve the six ACCOUNT # AMOUNT 217577 $ 16.16 150146 $ 849.19 196202 $ 381.82 198656 $ 6,616.76 1850073 $ 1,855.74 210330 $14,384.38 d. Computer Systems Support Outsourcing Agreement with Tri-Met Commissioner Brown asked the IS Director Dick Taylor what this person would be doing and if it was related to making the Skills Development Center operational. Dick Taylor said that his current staff will be handling the technology needs at the Skills Development Center. This person will help address technical needs. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign a computer support services agreement with Tri-Met for the remainder of the 1998-99 fiscal year. VOTE: UNANIMOUS 9. a. The Board considered a Class A Special Use Permit application for the construction of a telecommunications tower in Bingham Township near the intersection of N.C. 54 and O'Day Drive. Planner Karen Lincoln said that the property is located in Bingham Township approximately 1155 feet north of NC Highway 54 with the access proposed from O'Day Drive, an existing private 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. The application was presented at a joint public hearing before the Orange County Board of County Commissioners and the Orange County Planning Board on August 24, 1998. The public hearing was resumed at the November 17, 1998, Board of County Commissioners meeting. The administration recommends that the Board of County Commissioners deny the Class A Special Use Permit per the Planning Board recommendation. Staff finds that the applicant has not carried its burden in proving that the use will maintain or enhance the value of contiguous property. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to deny the Class A. Special Use Permit per the Planning Board recommendation. Commissioner Jacobs said that he feels that this application has identified some of the weaknesses in the# County regulations and plans to express at a later time those areas which need additional work. VOTE: UNANIMOUS b. Reconsideration - Facilitated Small Area Plan for Carrboro's Northern Study Area and Joint Planning Agreement Relative to Transition Area I and II and "Floating" Conditional Use Districts This item was presented so that the Board could consider adopting amendments to the Joint Planning Area Land Use Plan and map, and Joint Planning Agreement incorporating the facilitated small area plan for Carrboro's northern study area. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to reconsider the facilitated Small Area Plan for Carrboro's Northern Study Area and Joint Planning Agreement amendments relative to Transition Area I and 11 and Floating Conditional Use Districts. VOTE- UNANIMOUS John Link said that at the Commissioners meeting on January 19, 1999, there were questions about consolidation of Carrboro's Transition Areas I and I I into a single transition category area for the Northern Study Area. A meeting of the Orange County Manager, Attorney, and Interim Planning Director with the Carrboro Town Manager, Attorney, Planning Director and Land Use Planner was held on January 22, 1999 to discuss these issues. Recommendations from that meeting are summarized in the agenda. Resolutions "A" and "B" operationalize what was discussed at the January 22, 1999 staff meeting. Citizen Comments JEF thanked the Board for their support in this process. He feels that if the County Commissioners adopt sections by reference that it will not include the TI and T2 language since these references were left out. On map #7, there is only one school site. Calculations show that if this area is built out without a village, there is a possibility of 5,189 houses and only one school site. He feels they need to P FGhase more sites for schools need to be purchased Carol Greenslade reiterated what JEF said and spoke about two other issues. She said that she has put in a lot of time and effort as a member of the small area planning committee. Her two major concerns are dealing with the various commercial zones and also with the T1 and T2 zones. She feels that anything that digresses from the T1 and T2 zones should be discussed in a public forum. Forrest Greenslade thanked the County Commissioners for staying involved in this process and asked that the County Commissioners stay engaged to represent the citizens who live in that area. He feels that their representation will ensure a fair and equitable process. Dave Rutter thanked the County Commissioners for continuing to listen to those in the Calavander community. His concern is that the T1 and T2 designation be retained in the small area agreement to prevent leapfrogging from happening. He suggested that Carrboro direct its development towards its two T1 sites. He asked the County Commissioners to vote no to this proposal. Linda Roberts thanked the County Commissioners for representing them. Citizens have spoken about their reservations and are proud that the County Commissioners have agreed with them. She noted that she made a formal request to be removed from the Carrboro plan which would in fact give Carrboro their 75% builtout for T1. She thanked the County Commissioners for listening. Allen Spalt thanked the County Commissioners for their involvement in this process. He said that it is unlikely that all the land will be developed but they want Carrboro wants to come out of it better than if they did nothing. He appreciates th& the Commissioners involvement in this process. Even though not all people agree, they have tried to bring forward a plan and ordinance amendments that will implement the plan. He agrees with putting in the T1 and T2 areas which is supported, not opposed to, by Carrboro. This plan, in order to be an effective plan, implements a new way of calculating density and provides better protection of sensitive areas. He feels that there is more flexibility in the plan. He said that the ordinances that they have Carrboro has drafted will go to the Board of County Commissioners who will have 30 days in which to accept them. The ordinance amendments are designed not only to be effective in the small area planning area but will also be for areas already included in Carrboro's Land Use Ordinances. Commissioner Brown asked for clarification on the items they reaGhed on which consensus was reached erg at the facilitated meetings. She also mentioned that 30 days is probably not enough time to evaluate ordinance amendments and Alderman Spalt said that they could talk about extending this time frame. Commissioner Brown asked about the density of this area and adequate public facilities that Carrboro will need to provide. Chair Gordon suggested identifying the issues so that Carrboro could respond. They identified three main issues: TI and T2, density and villages. Carrboro Planning Director Roy Williford made reference to a consultant's report sent out in July, 1997. He said that the report summarizes those areas on which the Small Area Planning Committee reached consensus. In response to a question from Commissioner Brown about there being another public hearing to consider the ordinance amendments, Roy Williford said that the ordinance amendments are basically on hold until after the public hearing. John Link said that there has not been a request from Carrboro for us to address the ordinance amendments. After further discussion, it was decided that when these amendments are forwarded to the County for their review that the County will indicate if they need more than 30 days for this review process. In answer to a question from Commissioner Brown, Roy Wiliford will send to Commissioner Brown information on the densities. Commissioner Jacobs said that assuming we approve Resolution "A" which does certain things, we then will go to Resolution "B." If we make the amendments, how does that affect the developer who brings in a proposal? Geof Gledhill said that there would be a window of opportunity for the developer to come in and be far enough along in the process to be vested. If the County Commissioners do it in a reasonable time period, he does not feel that, in good faith, a developer could move along that fast. Geoffrey Gledhill said that the issues listed under A are in the draft ordinance. He made reference to map #7 and said that it needs to include T1 and T2. This T1 and T2 line presently exists on the Land Use map and we want to be sure there is nothing in the plan that eliminates this line. Commissioner Halkiotis reiterated that he hopes that in the future all schools will be built on donated sites. Roy Wiliford said that the revised plan has all the changes incorporated from the public hearing . The County Commissioners reviewed the two resolutions and made some changes as noted by County Attorney Geof Gledhill. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve Resolution "A" as corrected and attached to these minutes. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the first item in Resolution "B" which addresses the Northern Transition Area Advisory Committee. VOTE: Ayes, 4; NOS, 1 (Commissioner Carey) John Link said that we will ask Carrboro for their timeframe for sending the ordinance amendments to Orange County and then let Carrboro know if the County needs additional time. c. Appointments The Board considered appointments of County Commissioners to other boards and appointments to the Schools and Land Use Councils, Economic Development Commission and Hillsborough Planning Board. Schools and Land Use Councils The County Commissioners by consensus confirmed Diane McDuffey's appointment to this group. Boards/Commissions on which County Commissioners serve A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the list of County Commissioner appointments to the various boards and commissions. This list is attached to these minutes. VOTE: UNANIMOUS Hillsborough Planning Board A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the appointment of Jim Boerick for a term ending September 30, 2001. VOTE: UNANIMOUS Economic Development Commission Nominations were made for the two vacancies -- Ann Loeb, Keith Cook and Leslie Weaver. Ann Loeb received three votes from Commissioners Brown, Gordon and Halkiotis Keith Cook received four votes from Commissioners Carey, Gordon, Halkiotis and Jacobs Leslie Weaver received two votes from Commissioners Brown and Jacobs THE BOARD CONTINUED THE MEETING FOR FIFTEEN (15) MINUTES d. Zoning Atlas Amendment: Z-4-98 - James and Patricia LaTorre The Board was to consider amending the zoning atlas by rezoning a 19.96-acre tract in the 1-85IBuckhorn Road Economic Development Activity Node from Primary Economic Development to Secondary Economic Development. This item was delayed until the next meeting. e. Proposed Public Hearing Advertisement - February 22, 1999 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the legal advertisement for items proposed for the February 22 quarterly public hearing as amended. VOTE: UNANIMOUS e1. Additional Funding for Process to Determine Whether to Challenge the Nuclear Regulatory Commission Staff's proposed finding of "No Significant Additional Hazard" for Storage of Waste Nuclear Fuel Rods at Shearon Harris Nuclear Power Plant A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to authorize the expenditure of an additional $1500 in legal fees to determine whether to challenge the NRC staff's proposed finding of "No Significant Additional Hazard" for CP&L's proposal to expand its high level nuclear waste storage operation for used nuclear fuel rods at the Shearon Harris nuclear power plant. The funding will be provided through the Commissioners' Contingency account. VOTE: UNANIMOUS The County Commissioners asked for the following information: ? total potential cost to legally challenge CP&L ? memo on how the consultant was selected ? list of questions that the consultant will ask CP&L Meeting Ended at 10:45 f. County's Response to OWASA Reauest for Comments Relative to its Utilitv Extension and Assessment Position Paper The Board was to consider its response to OWASA's position paper on utility extension and assessment policies. This item was postponed to the next meeting. 10. REPORTS a. Report on Chatham County's Reauest to Access its Jordan Lake Water Allocation throuah OWASA's Jordan Lake Property and Approved Intake Location (9:30-9:40) The Board was to hear a report on Chatham County's request to access its Jordan Lake water supply through OWASA's Jordan Lake property and consider the responses to the plan from the towns of Chapel Hill and Carrboro and approval of a draft letter to OWASA outlining the County's response. This item was postponed to the next meeting. b. 1999 Legislative Goals The Board was to discuss legislation they may wish to submit to the Orange County legislative delegation for consideration during the 1999 long session of the General Assembly. This item was postponed to the next meeting. C. Juvenile Crime Prevention Council Update The Board was to receive a report on the status of the Juvenile Crime Prevention Council. This item was postponed to the next meeting. d. High School Construction Standards Task Force Recommendations The Board was to hear recommendations from the High School Construction Standards Task Force on standards to be observed in design and construction of new high school space. This item was postponed to the next meeting. e. Final Report - 1998 Agricultural Survey The Board was to hear the final report from the Agricultural Districts Advisory Board on the 1998 Agricultural Survey. This item was postponed to the next meeting. 11. APPOINTMENTS- NONE 12. MINUTES- NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items for the Board to consider, Chair Gordon adjourned the meeting. The next meeting listed on the regular meeting calendar is scheduled for Tuesday, February 9, 1999 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk