Loading...
HomeMy WebLinkAboutMinutes - 19990316APPROVED 10/19/99 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 16, 1999 The Orange County Board of Commissioners met in regular session on Tuesday, March 16, 1999, at 7:30 p.m. in the Southern Human Services Center Board room, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon, and Commissioners Margaret W. Brown, Stephen H. Halkiotis, and Barry Jacobs. COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. COUNTY STAFF PRESENT: County Manager John M. Link, Visser and Albert Kittrell, and Clerk to the Board Beverly A. Blythe appropriately below). Jr., Assistant County Managers Rod (all other staff members will be identified 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 agreed to add as Item I on the regular agenda a matter related to Shearon Harris. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon 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 Mark Barroso said that he moved here in April 1998 and purchased a house in June 1998. After he bought the house, he discovered many structural problems with it that were not disclosed at the time of purchase. He went to the Planning Department to find out if the addition on the house had been permitted. It was permitted, however, there is no system of following up on permits, as the previous owner never called for a final inspection, so one was not performed. Mr. Barroso believes that this failure of the permitting and inspection system will cost him approximately $3,000.00 in repairs. Mr. Barroso stated that it was his duty to bring this to the attention of the governing board and that citizens need some type of protection. Mr. Barroso did receive a telephone call from Planning Director Craig Benedict, who is aware of the problem and who requested an opportunity to address Mr. Barroso's complaint. Commissioner Halkiotis sought further information as to the problems with the house. Mr. Barroso indicated that he had flooding in his basement, the permit specified electric baseboard heat, and a couple of other items that were to be done, when, in fact, other work was performed not in compliance with the permit. This includes a gas heating system, which the gas company has informed Mr. Barraso to never light or use, as it is a fire and carbon monoxide hazard. There is also a stairwell on the side of the house that is detaching and could fall at any time. Mr. Barroso stated that this was a 25-year-old house, but the problems were with additions that were done in 1989 by the previous owner; if it had been a new house, then a final inspection would had to have been performed prior to sale. Chair Gordon expressed the Board's appreciation for bringing attention to this deficiency, and the matter was referred to the Manager for investigation. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Jacobs thanked Chatham County for allowing Mary McDowell to continue to assist Orange County in our efforts regarding CP&L and the expansion of its fuel storage at its Shearon Harris plant. Commissioner Jacobs also asked for a list of companies with which Orange County does business. He stated that there may be companies and/or countries we may not want to transact business. He stated that there are companies and countries which violate either environmental laws or human rights and he would like to see Orange County become aware of these concerns when selecting firms for goods and services. Commissioner Jacobs asked that we add to our agenda a list of continuing items that need to be addressed to ensure that all pending matters are dealt with in a timely manner by establishing a schedule for implementation of each request. Chair Gordon stated that she had spoken with the manager several weeks ago on this matter and that the manager is working on a process for follow-up items. Manager John Link stated that on the morning after each board meeting, staff meets to allocate responsibilities to ensure follow-up on agenda items. Manager Link asked whether the question pertained to carrying forward all the pending items from one agenda to another, and if so, it will take some coordination with the Clerk's office to accomplish this task. Commissioner Halkiotis stated his support for Commissioner Jacobs' request and said that he would like to see a system implemented to ensure proper follow-up on all items by keeping a list of these items that is revised as the items are addressed. Commissioner Brown also stated that she wants a method established for follow-up on all items discussed by the Board. It was decided that the Manager would establish a system to indicate when items can be addressed based on workload and to ensure a response to all Board concerns. Commissioner Jacobs referred to the next quarterly public hearing. He stated that he would appreciate having the Planning Director research the flexible open space ordinance with the intent of taking amendments to the next quarterly public hearing. He stated he would like to get some remedies to the most egregious portions of the ordinance to present to the Planning Board. Commissioner Brown stated that this recommendation was received from Runyon Woods last December 1998, and forwarded to Geoffrey Gledhill. There were two (2) recommendations from Runyan Woods that would correct two (2) of the loopholes, and these were forwarded on to the Planning Board. Chair Gordon decided not to take action on this item until the new Planning Director, Craig Benedict, was employed. Commissioner Brown suggested having the Planning Director review Runyan Woods' recommendations to determine if they will adequately address these concerns. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to request that Planning Director Benedict review Runyan Woods' recommendations and provide a report to the Board of County Commissioners as to their applicability to addressing the problems with the flexible open space ordinance. VOTE: UNANIMOUS. Commissioner Halkiotis stated he had visited the Skills Development Center. He praised the staff for taking an old building, using some steelwork inside, and making a wonderful beautiful building. He publicly thanked Pam Jones, as well as Commissioner Brown, who had been committed to making this building functional for the agencies within it. Commissioner Halkiotis asked John Link to say something about the ABC board motion that took place this date. He asked Chair Gordon to write the Chatham Board, thanking them for allowing Mary McDowell to continue in her present position. Commissioner Halkiotis said that he has not purchased any Exxon products since the Valdez oil spill in Alaska. He would also like to receive a list of businesses with which the County does business. Commissioner Halkiotis made reference to a-mails he has received from a citizen about an odor emanating from hog farms near her neighborhood. He had asked Jim Hinkley to look into the matter. Commissioner Halkiotis questioned how the system operates, what procedures are in place to act when a concern is noted, and requested an update on this matter. Commissioner Brown stated her support for looking at the businesses with which Orange County does business. Commissioner Brown passed out a memorandum and asked the Manager that as he develops the county budget this year, to include scenarios with zero tax increase, 1-cent tax increase, 2-cent tax increase, and 3-cent tax increase. This would occur at the same time the Manager made his recommendation for the budget. Commissioner Jacobs spoke in support of this idea. Commissioner Brown passed out a memorandum and brought up another item dealing with having the County Manager form strategies to work with the schools and the County budget. She believes it is an important issue to work toward a completion around September 1999. John Link stated that the requested budget scenarios will be provided to the Board, and that as to school capital, he will present the issues that need to be addressed prior to implementation. MATTER NOT ON THE PRINTED AGENDA Claudia Haskins of 123 Weather Hill Pointe, Carrboro is a Chapel Hill/Carrboro City Schools employee teaching English as a Second Language (ESL). She noted that North Carolina is experiencing a large number of students whose native language is not English. The burden has become so great that the Chapel Hill/Carrboro City Schools and the Orange County ESL teachers have been collaborating to find solutions for dealing with the increase of English-deficient students. They have formed a varied group from the community of business leaders, teachers, UNC-CH professors, and other concerned citizens. After four (4) months of work, the top recommendation was to decrease the ESL student-to-teacher ratio to the Federal guideline of 20 to 1. Ms. Haskins said that the schools need additional funding to hire more teachers. She also indicated that the County Commissioners are going to be hearing from many other Orange County citizens between now and budget time in an effort to gain additional funding needed for this program. 4. COUNTY MANAGER'S REPORT In answer to Commissioner Halkiotis' question regarding the ABC Board John Link stated that the ABC Board has grandfathered in the seven (7) employees who previously qualified for health insurance upon retirement. While the ABC Board did not take any action to extend this policy to their present employees, they did indicate that they were willing to work with Elaine Holmes to work out the details. Manager Link stated he and Commissioner Halkiotis will attend the meeting in which this concern will be again addressed. John Link said that Tara Fikes is serving her second term as Chair of the Board of Directors of the North Carolina Low Income Housing Coalition. This coalition is a private, non-profit organization, which provides decent, safe, and affordable housing to low-income North Carolinians. It includes a diverse membership of housing providers, civic leaders, elected officials, business leaders, etc. Manager Link and the Board commended Ms. Fikes' contributions to this statewide organization. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution on State Reorganization of Environmental Health Programs The Board considered a resolution of support for keeping environmental health programs together in the Department of Health and Human Services. This resolution has already been adopted by 48 other counties in North Carolina. Health Director Rosemary Summers read the resolution. RESOLUTION IN SUPPORT OF PLACING ALL PROGRAMS TRADITIONALLY IN THE DIVISION OF ENVIRONMENTAL HEALTH UNDER THE ORGANIZATION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WHEREAS, Delivery of Environmental Health services to the Citizens of North Carolina is carried out at the county level by local health department employees; and WHEREAS, Delivery of Environmental Health services at the local level is funded by local dollars (97 percent local and 3 percent state); and WHEREAS, Environmental Health services at the local level include on-site wastewater (i.e., septic systems) food, lodging and institutional sanitation (restaurants, nursing homes, food borne disease investigation) child care sanitation, child lead program, swimming pools, rabies control, safe drinking water; and WHEREAS, Having two different proposed State environmental health authorities for local health departments is inefficient and will cause regulatory confusion for the public and severely impact centralized training, authorization, regulatory direction and uniformity; and WHEREAS, the NC Association of County Commissioners, the NC Association of Local Health Directors, the Association of North Carolina Boards of Health, the NC Environmental Health Supervisors Association, and the NC Public Health Association have endorsed the position to keep environmental health programs together under the State Health Director. THEREFORE BE IT RESOLVED, the Orange County Board of County Commissioners strongly supports the need to ensure all aspects of environmental health be under the organizational structure of the Department of Health and Human Services in order to continue to provide the most effective regulatory program for the citizens of North Carolina for the protection of the public health and preservation of the environment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve this resolution as stated above. VOTE: UNANIMOUS. b. Cooperative Extension 4-H Volunteer Leaders' Resolution of Appreciation The Board considered a resolution recognizing Orange County Cooperative Extension Service 4-H Volunteer leaders during national Volunteer Week, April 18-24, 1999. Extension Service Director Fletcher Barber read the resolution to recognize volunteers who have donated their time and/or services. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the resolution as presented. VOTE: UNANIMOUS. C. Proclamation for Red Cross Month The Board considered proclaiming March as American Red Cross Month and recognizing the Orange County Red Cross chapter. Bob Lockwood and Chair of the Red Cross Board, Pete Hollinbeck, read the proclamation. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A PROCLAMATION ON THE OBSERVANCE OF AMERICAN RED CROSS MONTH, MARCH, 1999 WHEREAS, the Orange County American Red Cross has provided humanitarian relief for all those in need in an impartial and neutral manner; and WHEREAS, the Orange County American Red Cross has deserved recognition for increasing the participation of volunteers throughout the community; and WHEREAS, the Orange County American Red Cross is commended for • Establishing the first and only nationwide Teen AIDS Hotline service staffed by teens for teens and, Providing health and safety services throughout the community regardless of individual status; and • Implementing vital disaster services and emergency communication at a moment's notice. NOW, THEREFORE, BE IT PROCLAIMED THAT the Orange County Board of Commissioners does hereby acknowledge the Orange County American Red Cross for their commitment and dedicated efforts toward serving the citizens of Orange County, and does hereby commend to the citizens the observance of March 1999 as "American Red Cross Month". VOTE: UNANIMOUS. 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA John Link explained item b "Waiver of Landfill Fees - Eno River Association". He said that the Board is being asked to consider a request from the Eno River Association regarding the waiver of landfill disposal fees. John Link said that at the February 11, 1999 meeting of the Landfill Owners' Group (LOG), the LOG received a verbal petition from the Eno River Association that landfill fees be waived for clean-up activities that the Association will engage in between mid-February and July, 1999. The clean-up will take place on a recently acquired tract of land that is to become part of the Eno River Park. The LOG approved the request. The interlocal agreement between the County and the Towns of Chapel Hill and Carrboro specifies that all three (3) governing boards must agree to any changes in the landfill fee schedule. Therefore, all three (3) owners must approve this waiver request before it can be put into effect. The exact cost of this action cannot be determined at present because the amount of material collected through clean-up of this tract of land is unknown. The current tipping fee is $38.00 per ton. If the fees are waived, the cost of disposal would be absorbed in the Landfill Enterprise Fund administered by the Town of Chapel Hill. The manager recommends that the Board confirm the action of the LOG and approve the requested waiver of landfill tipping fees. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved minutes from its December 8, 1998 regular meeting. b. Waiver of Landfill Fees - Eno River Association The Board approved a request from the Eno River Association to waive landfill disposal fees. C. Petition for Addition - Buttonwood Drive in Hillsborough Township The Board approved a petition from the North Carolina Department of Transportation to add Buttonwood Drive in Hillsborough to the state-maintained secondary road system. d. 1999 Oranae County Legislative Agenda This item was removed and placed at the end of the Consent agenda. e. Technical Support Contracts to Assist in Y2K Preparation The Board approved and authorized the Chair to sign contracts for additional computer programmer support to supplement existing staff resources to complete Y2K preparations. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA d. 1999 Orange County Legislative Agenda Geoffrey Gledhill said that this is the unfinished business from the last meeting that needs to be addressed. There are two resolutions regarding transportation issues, the first one drafted primarily by Chair Gordon and the second one by Commissioner Jacobs. Apparently, there was one item left off the first resolution that read: "WHEREAS, Orange County desires more local and regional control of transportation issues affecting Orange County ..." Chair Gordon would like to ensure that this point is included with the first resolution. Geoffrey Gledhill said that the first resolution would urge the North Carolina Department of Transportation to complete the items as listed, and also to have the senators and legislators urge the Department of Transportation to enact these items. He briefly described the first resolution, which included a desire to emphasize other transit, such as bikeways, sidewalks, and other alternatives to roads, and less emphasis on local and regional transportation systems which rely on single-passenger automobiles as their principle mode of travel. In addition, the resolution asks them to seek a broader approach to transportation, such as putting sidewalks on North Carolina Department of Transportation (NCDOT) projects as a matter of course, expend more funds for those items, and appropriate additional funds to be made available to NCDOT to make enhancements to surface transportation projects to improve pedestrian safety and eliminate the funding cap for individual bike projects, which would encourage larger bike projects. The second major category is to allow more local control for Orange County on transportation projects within the County, including participation in selection and design, and more control for the Durham-Chapel Hill- Carrboro MPO for regional transportation projects. Additionally, the resolution asks to encourage a more individualized approach to highway design, including setting and character of the areas, needs of the users, the environmental goals of the community and provision for local government participation in planning of transportation facilities, while continuing to maintain the highest possible safety standards. The resolution further seeks additional funding in Orange County for maintenance of roads, safety projects, and secondary road projects. Commissioner Jacobs described the second resolution, which addresses many similar items, but is more specific about local control and avoids funding issues, which will likely raise the most resistance. He stated that the purpose is to be able to identify needs quickly in fast-growing counties, such as Orange County, to have more flexibility and responsiveness to the needs of the community, while accomplishing these items within the current framework, which was established in the 1930s. Commissioner Jacobs believes it is time to revisit this framework to seek improvements that address current concerns with transportation issues, and assert more local autonomy. The resolution seeks the establishment of a study commission to research these issues. The Board discussed whether or not to leave these two resolutions separate or to combine them into one resolution. Commissioner Jacobs suggested taking both to their legislative delegation and seek its guidance as to how to submit these resolutions. Geoffrey Gledhill suggested resolving the substance of these two resolutions and he will work out the details to have them ready for their meeting with the legislators. Gledhill suggested passing these resolutions in substance only. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve both resolutions in substance, with the details to be decided between the Chair and the County Attorney, then to be affirmed at the April 22, 1999 Board of County Commissioners' meeting. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the Managers' recommendation to approve the resolutions on the consent agenda. The two resolutions are included as an attachment to these minutes. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Appointments The Board considered appointments to the Agricultural Districts Advisory Board; Board of Equalization and Review; Mebane Planning Board; and Triangle J Council of Governments Smart Growth Committee; and changes to the Commission for the Environment and Information Technology Committee. A question was asked about the Mebane Planning Board as to whether the Orange County Board of Commissioners could legally appoint a second person to their Planning Board. A motion was made by Commissioner Halkiotis, and seconded by Commissioner Brown to appoint Chris L. Kametches and Lynn Holtkamp to the Mebane Planning Board for terms ending 8130/2000. VOTE: UNANIMOUS. A motion was made by Commissioner Jacobs, and seconded by Commissioner Halkiotis to appoint Louise R. Tate and W. Whitfield Morrow to the Agricultural Districts Advisory Board for terms ending 6/30/2001. VOTE: UNANIMOUS. A motion was made by Commissioner Halkiotis and seconded by Commissioner Carey to appoint as regular members Kevin Foy, Thomas Heffner and Reginald Morgan; second tier were William Crowther, Commissioner Brown and Commissioner Jacobs; third tier were John Horner, Ruby W. Tilley and Jane L. Sparks; Thomas Heffner was appointed as Chair. VOTE: UNANIMOUS. A motion was made by Commissioner Carey and seconded by Commissioner Jacobs to approve the appointment of Alice Gordon to the Triangle J. COG Smart Growth Committee. VOTE: UNANIMOUS. Commissioner Jacobs questioned whether or not the membership rosters were changed on the other boards and commissions on which liaisons were appointed. Chair Gordon responded that they had not been changed. She explained that the Commission for the Environment has three (3) subcommittees and they are dependent upon participation. The proposed change to the Commission for the Environment is that since Commissioner Gordon is now a liaison, according to new Board of County Commissioner policy, it is suggested that one (1) more position be created in the membership of the Commission for a term to expire on December 31, 2000. A motion was made by Commissioner Halkiotis, and seconded by Commissioner Brown to approve the addition of one (1) more position to the membership of the Commission for the Endowment. VOTE: UNANIMOUS. The proposed change to the Information Technology Committee was that the Committee serve one (1), two (2) and three (3) year terms to start from the original appointment date in January 1999. At the end of these terms, each member would decide whether or not to seek reappointment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the terms for the members of the Information Technology Committee. VOTE: UNANIMOUS. b. New Land Resources Conservation Manager Position in the Environment and Resource Conservation Department per December 1, 1998 BOCC Action The Board considered approving a new permanent, full-time Land Resources Conservation Manager position in the Environment and Resource Conservation Department at salary grade 73 ($38,330.00-$60,947.00). At their December 1, 1998 meeting, the Board approved the creation of the new Environment and Resource Conversation Department (ERCD), to begin operation on January 4, 1999. Part of the approved proposal was the establishment of two (2) new positions, an administrative assistant and a Land Resource Conservation Manager position. At the January 19, 1999 meeting, the Board approved the administrative assistant position. This agenda item addresses the Land Resource Conservation Manager position. The selected Land Resource Conservation Manager position would have a combination of scientific training and land acquisition experience so as to take the lead in meeting the goals of the County's resource acquisition program. This program is to be developed in the spring of 1999 and will involve acquisition of priority areas of important natural resources, as well as lands for recreational and other purposes. The Land Resources Conservation Manager position will report to Environment and Resource Conservation Director David Stancil. At the March 3, 1999 meeting, the Board considered this item and requested it be brought back on March 16, 1999 for further consideration due to discussions as to the position's salary grade assignment. The Salary Grade 73 level takes into account the high level of responsibility in an area new to Orange County government. It is anticipated the applicant pool will be limited due to the targeting toward candidates with specific qualifications. Funding for the new Land Resource Conservation Manager position has been appropriated from the Board of Commissioners' Contingency Fund for 1998-1999, and estimated costs for 1999 are approximately $15,000.00, and approximately $54,000.00 for fiscal year 1999-00. The manager recommends that the board establish the new permanent, full-time Land Resources Conservation Manager position effective March 17, 1999, and amend the Classification and Pay Plan to add the new class of Land Resources Conservation Manager at Salary Grade 73. A motion was made by Commissioner Halkiotis, and seconded by Commissioner Brown to establish a new Land Resources Conservation Manager position in the Environment and Resource Conservation Department and to amend the Classification and Pay Plan to add the new class of Land Resource Conservation Manager at Salary Grade 73. VOTE: UNANIMOUS C. Advertisement for Joint Plannina Public Hearing April 14, 1999 This agenda item is to consider the legal notice advertising the Joint Planning Area public hearing scheduled for April 14, 1999, involving Orange County and the Towns of Chapel Hill and Carrboro. Planning Director Craig Benedict introduced this item and gave an overview of the two (2) items on this public hearing agenda. The following items are proposed for consideration at the April 14, 1999 public hearing: 1. Amendment to the Joint Planning Agreement This amendment is to authorize and create the Northern Area Advisory Committee by providing for its existence, composition, duties, and responsibilities in the Joint Planning Agreement. This agreement will implement a recommendation contained in the Facilitated Small Area Plan for Carrboro's Northern Study Area. 2. Joint Planning Area Land Use Plan and Map Attachment (a) JPA-1-99 American Stone Company This will be the fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14, 1993, and the third on April 14, 1994. American Stone Company proposes to amend the Joint Planning Area Land Use Plan to designate 164.97 acres located in Bingham and Chapel Hill Townships on the north side of NC Highway 54 as Extractive Use. The property is currently designated as Extractive Use, Resource Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends along the west side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600 feet, and along the east side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth parcel: one (1) parcel (identified by Parcel Identification Number 9759-63-9813) and part of a second parcel (PIN 9759-44-2780), both owned by American Stone Company, one (1) parcel owned by Phillip O. and Alice Durham (PIN 9759- 54-4097 - existing location of the American Stone Quarry), and one (1) parcel owned by the Orange Water and Sewer Authority (PIN 9759-62-1992). This amendment requires the approval of the governing boards of Orange County, Chapel Hill, and Carrboro. 3. Orange County Comprehensive Plan Amendment (a) CP-2-99 American Stone Company This is the fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14, 1993 and the third on April 14, 1994. American Stone Company proposes to amend the Land Use Element of the Orange County Comprehensive Plan to designate 164.97 acres located in Bingham and Chapel Hill Townships as a Rural Industrial Activity Node. The property is currently designated as a Public Interest Area and Rural Buffer on the Land Use Element Map. The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends along the west side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600 feet, and along the east side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three (3) parcels and a portion of a fourth parcel: one (1) parcel (identified by PIN 9759-63-9813 ) and part of a second parcel (PIN 9759-44-2780), both owned by American Stone Company, one (1) parcel owned by Phillip O. and Alice Durham (PIN 9759-54-4097 - existing location of the American Stone Quarry), and one (1) parcel owned by the Orange Water and Sewer Authority (PIN 9759-62-1992). This proposed amendment requires only the approval of the Orange County Board of County Commissioners. The Manager recommends approval of the Notice of Public Hearing for April 14, 1999 as follows: NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ORANGE COUNTYICHAPEL HILLICARRBORO JOINT PLANNING AGREEMENT AND JOINT PLANNING AREA LAND USE PLAN AND MAP AND THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Articles 20.5, 20.6, 2.2.12 and 2.2.13 of the Orange County Zoning Ordinance; and Article 2 of a Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is hereby given that a public hearing will be held at the Southern Human Services Center, 2505 Homestead Road, Chapel Hill, NC, on April 14, 1999. at 7:30 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items: JOINT PLANNING AGREEMENT 1. Orange County proposes an amendment to authorize and create the Northern Transition Area Advisory Committee by providing for its existence, composition, duties and responsibilities in the Joint Planning Agreement. This amendment will implement a recommendation contained in the Facilitated Small Area Plan for Carrboro's Northern Study Area. JOINT PLANNING AREA LAND USE PLAN 1. JPA-1-99 American Stone Company (Fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14, 1993, and the third on April 14,1994.) American Stone Company proposes to amend the Joint Planning Area Land Use Plan to designate 164.97 acres located in Bingham and Chapel Hill Townships on the north side of NC Highway 54 as Extractive Use. The property is currently designated as Extractive Use, Resource Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends along the west side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600 feet, and along the east side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth parcel: one (1) parcel (identified by Parcel Identification Number 9759-63-9813 ) and part of a second parcel (PIN 9759-44-2780) both owned by American Stone Company, one (1) parcel owned by Phillip 0. and Alice Durham (P1 N 9759-54-4097 - existing location of the American Stone Quarry), and one (1) parcel owned by the Orange Water and Sewer Authority (PIN 9759-62-1992). This amendment requires the approval of the governing boards of Orange County, Chapel Hill, and Ca rrbo ro . ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT 1. CP-2-99 American Stone Company (Fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14, 1993, and the third on April 14,1994.) American Stone Company proposes to amend the Land Use Element of the Orange County Comprehensive Plan to designate 164.97 acres located in Bingham and Chapel Hill Townships as a Rural Industrial Activity Node. The property is currently designated as a Public Interest Area and Rural Buffer on the Land Use Element Map. The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends along the west side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 3,600 feet, and along the east side of Bethel-Hickory Grove Church Road (SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth parcel: one (1) parcel (identified by Parcel Identification Number 9759-63-9813) and part of a second parcel (PIN 9759-44-2780) both owned by American Stone Company, one (1) parcel owned by Phillip O. and Alice Durham (P1N 9759-54-4097 - existing location of the American Stone Quarry), and one (1) parcel owned by the Orange Water and Sewer Authority (P1 N 9759-62-1992). This proposed amendment only requires the approval of the Orange County Board of County Commissioners. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Orange County Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham) or 967-9251 (Chapel Hill-Carrboro). When prompted for an extension number, please enter 2589. Commissioner Brown requested that the neighborhood group be notified about this meeting. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to authorize a legal notice advertising the joint planning area public hearing scheduled for April 14, 1999. VOTE: UNANIMOUS d. Orange County Community Assessment The Board considered a request for funding in the amount of $10,000.00 from the Triangle United Way for an Orange County community assessment. John Link summarized this item. Triangle United Way is the primary sponsor of three separate community assessments for Durham, Wake and Orange Counties. The community assessment for Orange County will consist of a general population survey of 600 citizens and 12 focus groups of professionals and consumers to determine the needs and possible service gaps of children, families and individuals in the human services system. The assessment will assist the United Way, Partnership for Young Children-Smart Start and Orange County in developing priorities for human services funding, evaluating programs to determine if they are effective in changing behaviors, reducing waiting lists, and improving the overall functioning capacities of families. NC State Center for Urban Affairs will conduct the assessment. The total cost of the project for Orange County will be $76,121.00. The Triangle United Way will contribute $25,000.00; Smart Start $10,000.00; Orange County Government has been requested to contribute $ 10,000.00; and the balance of $3 I, 12 1.00 will be requested from other organizations in the County. Manager Link referenced the questions he raised in his recommendation and read them from the agenda abstract: 1. Page one of the enclosed Project Abstract indicates that the project outcome will determine "needs" as well as "strengths, weaknesses and gaps" in the County's Human Services System. John Link questioned what this project will reveal that is not already known or in the process of being confirmed. Also, how would this project relate to the efforts of the Partnership for Young Children's excellent effort at determining outcomes of programs that the Partnership funds; or to the effort by the Healthy Carolinians' Task Force in determining appropriate health outcomes for our citizens? 2. When the project is completed, who will be asked to fund the "needs" or "gaps"? County government provides the majority of local funding for human services. Would the County therefore be asked to provide the majority of new funds that may be necessary? 3. Assuming that the community assessment project reveals deficiencies in certain present services, which of the funders will cut the budgets of these services? Manager Link commented that If the Board finds the responses to these questions acceptable, the Board may decide to provide funding from the Board of Orange County Commissioners' Contingency account. The unobligated balance in the Commissioners' contingency account is $156,000.00. Anita Daniels and Michele Rivest were also available to answer questions. Anita Daniels pointed out that Orange County provides more funds for nonprofits than most other counties. This assessment would give us an opportunity as a community to solve some of the problems that have been identified. It is hoped the data will give the necessary information to target the Board's activities to ensure needs are met. Michele Rivest said that an assessment would give them a base for shared planning and decision making. The United Way relies on committees to provide them information to guide them in their activities. Even so, they do not get enough consumer input, and this assessment would be consumer- based, not agency-based. Chair Gordon made reference to the questions in the agenda and asked that they be answered. Anita Daniels believes what they will learn about the community that they are not already informed about will give them an opportunity to hear from the people who are served by the different agencies. Also, they hope to gain knowledge about all the resources that are available. All the information they have is what the agencies tell them. They want to know what citizens need assistance and what type of needs they have. Also, this will aid them in determining how family resource centers can sponsor those who live in that community. This will aid in planning, reaching a consensus, and researching collective and collaborative strategies. Michele Rivest stated that this funding would help them set priorities by finding out the comprehensive needs for their community. The funding will also be a collective decision. With good need assessment data, they believe a better job can be done. Commissioner Brown asked about the contents of the report and Anita Daniels described what the report would include. Commissioner Brown believes it is time to do a needs assessment for Orange County to get a full picture of what is happening in Orange County, and how it all fits in to serve our citizens. However, she is not sure this request will do that. She would like to review the Wake County report to understand what concrete results this report will give us. She does not understand what the County Commissioners are being asked to fund and would like to wait to see the Wake County report first. Commissioner Jacobs asked if we have coordinated this with the DSS Director and the Health Director. Anita Daniels responded that the DSS Director has been involved, but not the Health Director. She further stated that someone from HSAC could participate in this effort. Commissioner Halkiotis said that he would like to see a description of the end product first before allocating money toward this project. Chair Gordon said that the DSS Board and the Health Board all have priorities. She believes this is a good idea conceptually, but wonders exactly what results will be produced. Further, she stated that the $76,000.00 seems expensive. Additionally, all the volunteer boards and commissions could delineate their priorities if requested. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to table this item for further information. VOTE: UNANIMOUS e. Urgent Repair Program Funding Alternatives The Board considered short- and long-term funding alternatives for the Orange County urgent repair program. The Urgent Repair Program of Orange County (URP) was established in the fall of 1997 by several organizations including Orange Community Housing Corporation, Habitat for Humanity, Orange County HOME Consortium, and the Orange County Department on Aging. The Orange HOME Consortium contributed approximately $58,000.00 to the program, and the North Carolina Housing Finance Agency (NCHFA) has contributed $128,100.00. The Triangle Community Foundation contributed $9,600.00, for program set-up and administration costs. The purpose of the program is to make urgent repairs and accessibility modifications to the homes of low-income people with special needs so that they can remain in their homes. Applicants are referred to the program by a variety of government, non-profit, and social service agencies. To qualify, applicants must meet the following criteria: • Own and occupy a home in Orange County; • Have total household income equal to or less than 50 percent of area median income (AMI), or $29,750.00 for a family of four in 1999 (with priority given to households with incomes below 30 percent of AMI); • Have special needs, including the elderly, disabled, single parents, and/or large families (5 or more people); and • The house must have repair needs that pose a threat to the life, safety, or health of the occupants, or need accessibility modifications for a disabled occupant. Examples of eligible repairs include: • Furnace repair/replacement; • Roof repair/replacement; • Electrical system repair/upgrade; • Plumbing repair; • Septic system repair/replacement; • Hot water heater replacement; • Structural system repair; • Wheelchair ramp construction, grab bar installation, doorway widening and other accessibility modifications. Over the past 16 months the Urgent Repair Program has accomplished the following • Completed urgent repairs to 40 homes in Orange County; • Begun repairs to seven (7) additional homes; • Spent approximately 78 percent of its budget Approximately 14 percent of total costs are for program administration while approximately 86 percent of total costs are for "hard costs" of repairs. The total costs of repairs (including administration costs) average approximately $3,800.00 per house and approximately 75 percent of the households served are owned by elderly persons. Disabled persons occupy 17 out of the 40 repaired homes. At their March 3, 1999 meeting, the Board of County Commissioners requested County staff to prepare a statement of possible funding options for the Urgent Repair Program of Orange County. Further, the Board asked for a report regarding the future administrative plan for the Urgent Repair Program as well as a report on the County's current Single Family Rehab Program for the May 4, 1999 meeting. At this time, OCHC is nearing completion of the second round of funding from the N.C. Housing Finance Agency. The availability of additional State funding is not anticipated until the year 2000. No alternative funding source has been identified for the remainder of this fiscal year nor the coming 1999- 2000 fiscal year. Thus, in the interest of continuing this program, the funding alternatives listed below are proposed for the remainder of the current fiscal year (short-term) and the upcoming fiscal year (1999-2000) which are considered long-term options. Housing and Community Development Director Tara Fikes explained the urgent repair program as described in the agenda. The agenda includes a progress report for the last two (2) years. At the last regular Board of Commissioners meeting, the County Commissioners heard that funding for this program will expire at the end of April. Tara Fikes summarized the short-term alternatives and stated that the administration wants to concentrate on Items 2, 3, and 4 as listed below: Short-term Alternatives - Fiscal Year 1998-99 1. A special funding request can be presented to the Carrboro Board of Alderman; the Chapel Hill Town Council; the Hillsborough Town Board; and the Orange County Board of Commissioners to provide funds for housing repairs and administrative costs. 2. The County receives Community and Home Block Grant funding from the State each year in order to provide services to elderly citizens that will enable them to remain in their homes. (Seventy-five [75°x] percent of the program beneficiaries to date have been elderly.) Joint Orange Chatham Community Action (JOCCA); the Department on Aging; and the Department of Social Services presently utilize these funds for program eligible expenditures. There may be a possibility of available unspent funds during this fiscal year which could be used for this program. 3. In prior years, some funding for this program has come from the Orange County HOME Program - approximately $58,000.00. In order to reprogram existing funding for this purpose, the HOME Consortium (all local governments) would have to agree to the reallocation of funds. It should be noted that federal housing funds are difficult to use for this type of program due to the regulatory requirement of repairing housing to meet local housing code standards. 4. Request the Department of Social Services to investigate the availability of WorkFirst funding for families participating in the WorkFirst program. A meeting has been scheduled between local housing and social service organizations to discuss the program's future including funding challenges. Housing and Community Development Director Tara Fikes also presented the long-term alternatives as listed below: Lona-Term Alternatives - Fiscal Year 1999-2000 1. A special funding request can be presented to the Carrboro Board of Alderman; the Chapel Hill Town Council; the Hillsborough Town Board; and the Orange County Board of Commissioners to provide funds for housing repairs and administrative costs. 2. Ask the Orange County legislative delegation to support the N.C. Housing Trust Fund bill which provides funding to the N.C. Housing Finance Agency for various housing programs including the Urgent Repair Program. 3. Ask the Orange County legislative delegation to pursue discretionary funding in the amount of $60,000.00 for this program. 4. Some funding may be available during the 1999-2000 fiscal year through the Orange County Bond Program. The Bond Policy approved by the Commissioners in December 1998 targets 33 percent of the funding or $594,000.00 for existing housing programs including such programs as the Urgent Repair Program. 5. Some funding may be available from the Orange County HOME Program with the consent of the Consortium members: Carrboro, Chapel Hill, Hillsborough, and Orange County. It should be noted that federal housing funds are difficult to use for this type of program due to the regulatory requirement of repairing housing to meet local housing code standards. 6. Some funding may be available from the Chapel Hill CDBG Program upon the approval of the Chapel Hill Town Council. It should be noted that federal housing funds are difficult to use for this type of program due to the regulatory requirement of repairing housing to meet local housing code standards. The Manager recommends concentrating on items 2, 3, and 4 of the short-term alternatives to identify funding for the Urgent Repair Program for the remainder of this fiscal year. Further, County staff will continue to explore long-term funding alternatives and provide a status report of those efforts to the Board on May 4, 1999. Commissioner Brown asked for information on where this money was used. In answer to a question from Commissioner Jacobs, Tara Fikes said that we need $24,000 through June 30, 1999. Commissioner Jacobs stated that he believes that they could use contingency monies to take care of any shortfall. Commissioner Brown suggested using the manager's recommendation short-term and attempt to address Alternatives 2 and 3 with the legislators. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to use Alternatives 2, 3, 4 in the short-term, and to receive a status report on May 4, 1999, regarding long-term funding. VOTE: UNANIMOUS f. Woodgreen Subdivision Preliminary Plan The Board considered a preliminary plan for the Woodgreen subdivision located on a 30.7- acre tract in Cheeks Township near the intersection of Dimmocks Mill and Moorfields roads. Planner Karen Lincoln made this presentation. The applicant, Tri-Star, Inc., proposes to subdivide the property (30.7 acres) into 25 new residential lots with an average lot size of 1.03 acres (smallest lot size of 0.92 acre). The proposal includes 11.04 acres, or 36 percent, open space. The property is located in Cheeks Township at the southern intersection of Moorefields Road (SR 1135) and Dimmocks Mill Road (SR 1134). The current zoning is Agricultural Residential (AR) and Upper Eno protected watershed. (The maximum amount of impervious surface in new residential development, outside of Transition Areas, within the Upper Eno Protected Watershed is limited to twelve percent.) Adjacent land uses are residential. Most of the site is wooded, except for a 4-acre open field in the central portion of the site, which is also a ridge top at the highest part of the site. In addition, a 2-acre open area is located at the southeast corner at the intersection of Dimmocks Mill Road and Moorefields Road. Hardwoods dominate the western two-thirds of the forest on the west side of the ridge. Pines predominate on lots 1 through 6, east of the ridge line. The majority of the site slopes gently at a gradient less than 7.5 percent. Approximately two-thirds of the site drains directly into Rocky Run, which flows north along the western boundary. The eastern third of the site drains to the north and eventually to Rocky Run downstream of Woodgreen. A small area of moderate slopes (7.5 to 15 percent) is found in the required stream buffer near the southwest corner of the site. The open space will be privately owned as part of the lots and will be preserved through a conservation easement or restrictive covenants. Open space will protect wooded land on gentle slopes, Rocky Run, the 100-year floodplain, the adjacent stream buffer, buffers along Dimmocks Mill Road and the eastern subdivision boundary, as well as the natural drainage swale across lots 1 through 7. The open space will also minimize visual impacts of the subdivision by preserving the open area adjacent to Dimmocks Mill Road. The lots will have individual wells and septic systems. The Health Department has authorized that each lot contains provisionally suitable soils sufficient to locate a septic system to accommodate a three-bedroom house. Access from the lots to Moorefields Road is to be provided by two (2) proposed public roads, Pine Ridge Road and Cedar Ridge Road, built and paved to N.C. Department of Transportation standards. A publicly dedicated stubout with a 40-foot X 50-foot (temporary) turnaround is provided at the end of Pine Ridge Road to the adjacent northern property for future access. The Concept Plan was approved by the Planning Board (by a 7 to 4 vote to approve) December 3,1997, with three (3) conditions: 1. Access to all lots shall be limited to the new subdivision road; 2. On the Preliminary Plan, include a 40-foot buffer along Moorefields Road as part of the open space protected by restrictive covenants or a conservation easement. Provide additional landscaping for screening on lot 27 between the building site roads; and 3. With the Preliminary Plan, submit draft forms of the homeowners association documents and restrictive covenants or conservation easement which contain use and maintenance provisions for the common open space and buffers. The restrictive covenants or conservation shall designate a back-up grantee, in the event the homeowners association is eliminated. In addition, the Planning Board requested that a second Neighborhood Information Meeting be conducted once the plan was approved by the Health Department. Such a meeting was held on September 28, 1998. Discussion included streetlights, enforcement of private covenants versus enforcement of zoning and subdivision regulations, and issues regarding entrance from Moorefields Road versus entrance from Dimmocks Mill Road. The Preliminary Plan reflects the following changes from the Concept Plan: • The number of lots has been reduced from 27 to 25. Lot 27 has been divided between Lots 1 and 2 to provide an area for septic systems for those lots. Lot 18 (on the western portion of the subdivision) has been eliminated in order to increase the area in Lots 10 through 17. • The Preliminary Plan includes a 40-foot buffer along Moorefields Road and a 40-foot wooded buffer across the northern property boundaries of Lots 7, 8, and 9, as part of the open space protected by restrictive covenants or a conservation easement. • The Preliminary Plan shows a 30-foot drainage easement along the draw below the ouffall of an 18-inch culvert under Pine Ridge Road across Lots 12 and 11 to Rocky Run per the recommendation of the Erosion Control Officer. • The Preliminary Plan includes landscaping for screening including twelve (12) Leyland Cypress on lot 27 within the 40-foot buffer along Moorefields Road and Leyland Cypress along Dimmocks Mill Road sufficient to meet ordinance requirements. • The Preliminary Plan proposes to develop the property in four (4) phases, with six (6) lots to be developed in Phase I, nine (9) lots in Phase 2, and four (4) lots in Phase 4, and three (3) lots in Phase 4. The applicant proposes to complete the development within five (5) years. Section 6 of the Fiscal Impact Analysis prepared for Woodgreen Subdivision indicates expected revenues generated from this development will be greater than the expected expenditures the County will receive as a result of the development. On February 3, 1999, the Planning Board voted unanimously to approve the Preliminary Plan for Woodgreen Subdivision subject to the conditions stated in the attached Resolution of Approval. The Manager recommends approval of the Preliminary Plan for Woodgreen Subdivision with public roads and subject to the conditions contained in the Resolution of Approval. Director of Environmental Health Ron Holdway stated that there are space restraints on all the lots. He illustrated an integrated system that decreases the amount of space needed by 25 percent for the system. They recommend that another system be used that will decrease the amount of space needed by 50 percent. Commissioner Brown confirmed that there is not one (1) conventional system recommended for this subdivision. She questioned whether the lots and housing could be reconfigured to allow for a conventional septic system. Additionally, she noted that the T&J Panel system had not been previously used in Orange County, which it has not, although other areas in the Piedmont have used the system for approximately eight (8) to ten (10) years. She said that while there could be an ordinance passed requiring enough land for conventional systems, even if an innovative system is used, many other counties have experienced a large influx of lawsuits when such restrictions were set. Geoffrey Gledhill stated that a minimum soil requirement can be created, without stating what kind of system must be used in those soils. State law requires that each lot must have a minimum handling capacity of 240 gallons of daily sewage. Local rules require that each lot must meet a 260-gallon a day capacity. Mr. Holdway is suggesting creating a further requirement of a certain amount of soils to meet the requirements of a conventional system. This would not dictate that only conventional systems be used, but sets a soils requirement in tandem with that required of a conventional system. To the homeowner, the maintenance of an innovative system versus a conventional system will not change. There is just a reduction in the amount of footage required. Mike Barr, land surveyor, worked on the plan and stated that the reason for the smaller lots is to allow open space. He stated that the developers had met many times with the Orange County Health Department to meet the County's needs. The developers have worked with the neighbors to meet as many of the needs as possible. Chris Lamb of 2411 Dimmocks Mill Road, Hillsborough, NC, stated that he lives directly across the street from this subdivision. He will have impact from the noise and traffic from this subdivision. He stated that he recognizes that the developers have met the regulations and open space requirements. However, these homes will not have a backyard, which will eventually prove to be a deficit. Mr. Lamb is concerned about 25 new septic systems and 25 new wells across the street from his property. In Mr. Lamb's viewpoint, this development offers no benefit to the community and he is against construction of this proposed subdivision. Luther Stirewalt believes this area, at present, is a garden spot. As such, this proposed subdivision is an overdevelopment in the middle of this garden spot. Mr. Stirewalt does not want to make this part of Orange County the "backyard of Chapel Hill and Durham". In answer to a question from Chair Gordon, Geoffrey Gledhill stated that at the time this application was submitted, the innovative systems were approved for flexible development. Commissioner Brown said that this is an example of a development that does not characterize the carrying capacity of the land. She would like to have the developer work with Mr. Holdway to find a way to use a conventional system to reduce density. Chair Gordon agreed with this suggestion. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to deny acceptance of the preliminary plan for the Woodgreen Subdivision. VOTE: UNANIMOUS Bid Award/Contract Approval - Efland Cheeks Community School Park The Board considered bids and contract approval for construction of the Efland Cheeks Community School Park. John Link stated that in addition to the funding options listed in the abstract, the money set aside for school/park development could be used as a source for additional funding above the appropriation and the low bid. Purchasing Director Pam Jones explained the options and what would be included in each project. This bid includes Phase I of the Efland Cheeks Community-School Park master plan. Primary amenities include playground area, multipurpose playing field (includes irrigation of the playing field), lighted basketball court, picnic shelter, walking trail and parking areas. Phase I bids were received on March 4, 1999, with three (3) bidders responding. The base bids ranged from $756,663.00 to $1,194,800.00. The original project estimate from the designer was approximately $650,000.00; however, various changes were made after the estimate was submitted. Most of the design changes were inconsequential from a cost perspective. The primary scope/cost change added after the estimate was the basketball court lighting, estimated by the designer at $15,000.00 to $20,000.00. The bid included five (5) alternates, which are outlined as follows: 1. Sprigging of the multipurpose field. Sprigging is a process of placing established grass into the planting surface. It allows the grass surface on the playing field to be established quicker and the grass is healthier, thereby minimizing the chance that the surface will need to be replanted more than one time. This alternate bid was $55,000.00 and is not recommended for approval. 2. Pervious parking surface. Due to the impervious surface requirements at this site, pervious surfaces were specified in some of the lesser-trafficked parking areas. Two (2) types of turfgrids were specified. This alternate allowed the contractor to make a distinction in the quality, and presumably price of the turfgrids they would propose to use. The apparent low bidder did not provide a deduct alternate, however. 3. Metal bollards. The project includes wooden bollards. The designer added these as an alternate since they may be more durable than wooden bollards, and can be painted to allow for different aesthetics in the park. The wooden bollards are functionally acceptable however, so it would not be recommended that this alternate be taken. This alternate would add $3,000.00. 4. Two (2) level water fountain and water line. This alternate adds a second water fountain to the park and is located in the general vicinity of the playground. The other fountain is located in the general vicinity of the shelter. Two (2) level fountains are required for handicapped access. This alternate adds $500.00. 5. Picnic shelter planting includes approximately 40 shrubs in the general vicinity of the picnic shelter. The shrubs were bid by the apparent low bidder at $25.00 per unit, including labor to install and guarantee for one (1) year. This alternate adds $2,000.00. If all of the alternates were taken, the apparent low bid for the project would be $817,163.00. To provide insight as to where the cost centers fall within this project, the following information from the designer's cost estimation documents is offered: 1. The majority of the project cost is clearing, grading, site utilities, and erosion control measures (estimated cost $310,000.00). 2. Development of the playing field ($101,000.00, which includes $35,000.00 for irrigation of this field only); 3. Construction of the picnic shelter with grills, tables, etc. (estimated $59,000.00); 4. Construction of the lighted basketball court (est. $49,500.00); 5. Development of park entrance and parking areas (estimated $114,000.00, which includes plantings, associated sidewalks, signage, and so forth); 6. Development of playground area (estimated at $ 68,200.00, which includes as its primary expense the rubberized play surface). As referenced earlier, these numbers are derived from the designer's cost estimating sheets. Obviously, the bids are higher than the cost estimates. While we have no substantiated information from bidders as to why their bids are significantly higher than the estimates, one may only speculate that the bids reflect factors such as the continuing aggressive market in our area and price increases since the estimates were provided. The Board may wish to consider one of the following options: 1. Build the park as designed, taking all alternates, as specified and appropriate from the 1997 Park Bond funds approximately $112,000.00, and from the County Capital Reserve Fund the Balance of $50,000.00, needed to fund the project at that level; or 2. Supplement the construction fund budget through a combination of 1997 Park Bond funds and County Capital Reserve Fund Balance and direct staff to reduce the project to fit that funding level. Preliminary review indicates that if $100,000.00 were added to the project, it could be built without seriously jeopardizing the functional intent. Should the Board choose to exercise this option, the primary change in scope of the project would be to seed the multipurpose field rather than sprig it ($55,000.00 savings). The balance of the money would be made up through a variety of smaller changes. It is notable that the Town of Chapel Hill experienced similar problems with the construction of the Northern Park and it is our understanding that Chapel Hill was unable to get bidders until the third solicitation. As the Board may recall, the bids for the Northern Park also substantially exceeded funds budgeted by the Town. This project is funded through 1997 bond funds. The 1999-2008 CIP includes approximately $650,000.00 for construction of the project. Although it is recommended that the staff be authorized to negotiate some changes in the scope of work, thereby reducing the cost of construction, a minimum of $100,000.00 additional appropriation will be necessary to build the park, which reasonably meets the functional intent of the master park plan for the area. The Manager recommends that the Board exercise option #2 above, in which an additional $100,000.00 is appropriated as follows: $50,000.00 from 1997 Park Bond proceeds, and $50,000.00 from the County Capital Fund Balance; alternate #1 (sprigging) and #3 (metal bollards) are specifically not included; and staff is authorized to negotiate with the contractor to bring the construction contract into line with the available funding; and that the construction contracts be approved, contingent upon the final contract amount not exceeding $756,000.00; and authorize the Chair to sign on behalf of the Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis, to accept the Manager's option #2 recommendation to supplement the construction fund budget through a combination of 1997 Park Bond funds and County Capital Reserve Fund Balance and direct staff to reduce the project to fit that funding level; to authorize staff to negotiate with the contractor to bring the construction contract into line with the available funding; to approve the construction contracts contingent upon the final contract amount not exceeding $756,000 and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS h. Creek Wood Subdivision Preliminary Plan The Board considered a preliminary plan for the 462-acre Creek Wood subdivision located between Whitfield and Mt. Sinai Roads in Chapel Hill Township. Planner Eddie Kirk made a presentation. The property is located in the Rural Buffer portion of Chapel Hill Township on the north side of Whitfield Road (SR 173011731) and on the south side of Mt. Sinai Road (SR 1718). The tract has approximately 462 acres. It is bounded on the west by the H.J. Oosting Natural Area owned by Duke University, and on the east by Turkey Farm Road (SR 1730) and Stoneridge subdivision lots and recreation area. New Hope Creek crosses the property at the northeast corner. Other surrounding land uses are residential. A 136-foot power transmission line right-of-way crosses the northern portion of the property aligned northeast to southwest. The tract is characterized by rolling topography that surrounds and drains toward several stream valleys. The Johnston Branch flows out of a pond on the south side of Whitfield Road under the road and north along the western boundary of the subdivision until it joins Old Field Creek as it emerges from the Oosting Natural Area near the central portion of the site. Old Field Creek continues in a northeast direction and flows into New Hope Creek at an oxbow near Turkey Farm Road. The 100-year floodplain on Old Field Creek and New Hope Creek is indicated on the Preliminary Plan. All three (3) streams are included on the greenways strategy map in the Joint Planning Area Land Use Plan and are suggested wildlife corridors in the Inventory of Natural Areas and Wildlife Habitats of Orange County, North Carolina. The width for wildlife corridors recommended in the inventory is 100 meters (328 feet) on each side of a creek. Public roads are proposed to serve the development with a connector road running from Mt. Sinai to Turkey Farm road. NCDOT is recommending a left turn lane on Mt. Sinai Road. Old Field Creek connects the Oosting Natural Area, 162 acres of Class 2 "Research Project Land," with wildlife movement along New Hope Creek that also flows through the Korstian Division of Duke Forest extending from Turkey Farm Road to Erwin Road near the Durham County line. The Oosting Natural Area as defined in the Inventory of Natural Areas also includes a portion of the bottomland and adjacent slopes on the Creek Wood property. The zoning of the property is Rural Buffer (flexible development does not apply in the Rural Buffer). The applicant has coordinated with Triangle Land Conservancy (TLC) to propose a cluster subdivision featuring 64 lots on 139.10 acres, with 265.20 acres of open space, all of which will be purchased by TLC. An additional 58.60 acres adjacent to Mt. Sinai Road are reserved for future development. The average lot size is two (2) acres; the minimum lot size proposed is 1.1 acre. The lots will be served by individual septic systems and a community water system. Seven (7) lots will have septic easements. The open space is approximately 57 percent of the 462-acre tract. The minimum open space required is 92 acres (20 percent of 462 acres). Early in the design process, Triangle Land Conservancy identified the areas that were most critical to protect. The 265 acres that will be owned and managed by Triangle Land Conservancy follow the stream valleys described above, including floodplain and adjacent slopes. The proposed open space also adjoins the existing recreation area for Stoneridge Subdivision. In conformance with the plan for the New Hope Creek Corridor in the Joint Planning Area Land Use Plan, Triangle Land Conservancy plans to establish hiking trails on the property that will be accessible to the general public and to homeowners in the new neighborhood. The trail system will run along New Hope Creek and both sides of the downstream portion of Old Field Creek. The 139 acres to be developed for 64 lots is located on the upland portion of the site. Access to the lots will be provided by a new public road system featuring a collector road with entrances on Whitfield Road and Turkey Farm Road. Approximately 37 lots will access the collector road from four (4) cul de sacs. The Planning Board unanimously approved the Concept Plan for this subdivision under the name of the Johnston Trust Property on September 2, 1998. Two (2) lots have been deleted and lot lines have been adjusted at the request of the Triangle Land Conservancy. Otherwise, the subdivision layout is the same as approved on the Concept Plan. On February 3, 1999, the Planning Board unanimously recommended approval of the Preliminary Plan for Creek Wood Subdivision subject to the conditions contained in the Resolution of Approval. One (1) change under Item E-2 of the resolution is recommended for approval is that the proposed hiking trails provide a connectivity to any future acquisition of the greenway system that might occur. The change should read: "A document shall be prepared and submitted to create hiking trails on the TLC property that will be accessible to the general public. The trail system shall extend along New Hope Creek and down the northern side of Old Field Creek, to the western property line, in order to provide connectivity to any future acquisition of the greenway system as defined by the Greenway Strategy Map and the Joint Planning Area Land Use Plan. This document shall be reviewed by the County and recorded with the final plat." The Manager recommends approval of the Preliminary Plan for Creek Wood Subdivision per the Planning Board recommendation with the conditions listed in the resolution of approval. Jack Smyer, with the developer, stated that they have planned for one (1) year. This is a private/public partnership. Kimley Horn served as consultants on this project. He stated that it had been a pleasure to work with the County on the development of this subdivision. Commissioner Brown requested clarification that this subdivision would have its own stand- alone public utilities system, which was confirmed. She also stated she would like to see swimming pools filled by water trucked in rather than using well water and not allow the use of garbage disposals. A motion was made by Commissioner Brown, and seconded by Commissioner Halkiotis to approve the project as outlined in the resolution of approval with the addition of a declaration that this particular project will not be provided water and sewer since they are located in the rural buffer. VOTE: UNANIMOUS. A motion was made by Commissioner Halkiotis, and seconded by Commissioner Jacobs to extend the board meeting for 30 minutes. VOTE: UNANIMOUS. L Allocating Additional Funding for Shearon Harris Permit Intervention Activities and Related Public Information Activities The purpose of this agenda item is to provide information to the Board about the need to allocate additional funding to cover the costs of the consulting and legal fees, and expenses associated with the County's formal intervention into the permitting of Shearon Harris' spent nuclear fuel storage expansion and related County-sponsored public information activities. Additionally, staff recommends that the Board allocate the necessary funds. To date, the Board has allocated $19,500.00 to pay the consulting and legal fees, and other expenses related to the County's efforts to formally intervene in the permitting process for CP&L's proposal to increase Shearon Harris' storage capacity for spent nuclear fuel. An additional $12,000.00 to support the County's effort has been promised, but not yet actually provided, by Durham County ($5,000.00), and the Towns of Carrboro ($2,000.00), and Chapel Hill ($5,000.00). Thus, the funds allocated to the intervention effort to this point total $31,500.00. Approximately $25,000.00 in consulting and legal fees, and expenses have been either incurred, expended, or committed (+I- $16,000.00 to Gordon Thompson and +l- $9,000.00 to Diane Curran) for: 1. Developing and filing the intervention petition and challenge to the NRC staffs proposed finding of "no significant additional hazards"; 2. Developing the legal documentation for the pre-hearing conference; 3. Dr. Thompson's affidavit challenging the proposed finding of "no significant additional hazards"; 4. Dr. Thompson's presentation to the Board during its deliberation on intervention; 5. Dr. Thompson's formal report on the hazards and alternatives to CP&L's spent fuel storage expansion proposal; and 6. Related travel, lodging, phone expenses and so forth. It is estimated that, to sustain our efforts through the pre-hearing conference (which is the next or upcoming step in the intervention process), the County will incur approximately $6,000.00 in additional consulting fees and expenses related to Dr. Thompson's assistance in preparing contentions and providing expert testimony. The estimated total cost for the intervention effort, through the pre-hearing conference, is $31,000.00. It has also been suggested that the County host a public information meeting on April 7, 1999, at the Chapel Hill Town Council meeting room. This meeting, which would be videotaped for cable broadcast, would feature Dr. Thompson making a public presentation of his report, with additional comment and information presented by David Lochbaum, a prominent nuclear safety engineer with the Union of Concern Scientists. It is estimated that the County would incur another $4,000.00 in fees to Dr. Thompson, and while David Lockbaum would reportedly appear on a pro Bono basis, travel and lodging costs for both Thompson and Lockbaum will need to be paid. If the Board determines that the County will proceed through at least the preconference hearing and will hold a public information meeting, the total cost will be approximately $35,000.00. The Board will have to allocate at least an additional $3,500.00, to have a public information meeting, and to complete the pre-hearing process. It is at this point where the NRC makes its determination that: a. The County does or does not have standing; b. Does or does not have valid contentions; and c. A public hearing will or will not be held. The Board will then have to determine if it wishes to proceed with the public hearing process, appeal the NRC decision, or drop the entire issue. The cost of proceeding with the intervention through the hearing process is estimated to be an additional $51,000.00 in consulting and legal fees, and expenses. The total of all costs, through the NRC's public hearing process and including the April 7, 1999 public meeting, is estimated to be approximately $86,000.00. The manager recommends that the Board agree to hold a public information meeting, and agree to allocate an additional $5,000.00, of which $3,500.00 will be used to cover actual projected costs, with an additional $1,500.00 for contingencies, to the intervention and public information process. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the manager's recommendation to allocate an additional $5,000.00 to the Shearon Harris intervention process. VOTE: UNANIMOUS 10. REPORTS a. Hebron Incorporation Orange County was notified on November 18, 1998, of an Application for Incorporation of the Town of Hebron. This notification is pursuant to N.C. G.S. 120-164 for information purposes and does not require Orange County to be a part of the legislative approval process. The Board heard a report by the Planning Director on the proposed Hebron incorporation that explained the impacts on Orange County of the State's decision to permit incorporation (referred to as Scenario A) or to deny incorporation (referred to as Scenario B). Orange County's major involvement includes the provision of contractual services to the Town of Hebron if it is incorporated. Representatives of the Hebron incorporation effort acknowledge that the services will be at full cost. Points addressed by Planning Director Benedict included: 1. What are the steps, who makes the decision, and who is involved; 2. Scenario of the impact if Hebron is incorporated and the County asked to provide services; and 3. Scenario of the impact if Hebron is not incorporated. Planning Director Craig Benedict summarized the information in the agenda abstract and summarized two (2) scenarios. Under Scenario A, the approval of incorporation, Hebron would need to provide police, fire, garbage collection, water distribution, sewer collection, streets, street lighting, and citywide planning and zoning. Hebron can contract with Orange County for provision of two (2) or more services at full cost. Other sources of revenue besides town sales tax may be necessary to generate revenues for contract costs; i.e., ad valorem property tax. Orange County would lose the sales tax revenue based on the loss of Hebron's approximately 300-person population. Hebron can control its comprehensive plan, which may or may not be consistent with the existing county plan. If one of the contracted services is planning, then the County/Hebron land use plan would be consistent. Under Scenario B, the disapproval of incorporation, Hebron would be subject to oversight of applicable service issues by Orange County, which would continue until the potential annexation by the Town of Mebane. The annexation by Mebane is possible based on new annexation criteria. North Carolina law permits the annexing of towns to change the land use or zoning designation of an annexed parcel irrespective of the underlying Orange County Comprehensive Plan. The impacts to Orange County if Hebron is annexed by Mebane would include the need to form a joint planning agreement with Mebane to coordinate use and growth of the Hebron area consistent with the comprehensive plan service impact on Orange County, such as school, road, and so forth. Additionally, Orange County revenue is similarly decreased by the loss of population-based revenue to Mebane. Finally, Mebane has the opportunity to extend its extraterritorial jurisdiction (ETJ) by up to one (1) mile based on a projected population of over 5,000 persons in the year 2000 census. In summary, either scenario would most importantly require the establishment of joint planning with Hebron and/or Mebane. The staff's recommendation is to receive this information as a report. James Randy Kinley, 2430 Mebane Oaks Road in Mebane, said that he represents members of the Hebron community who do not support this incorporation. He said that the proposed areas do not include the complete community, since areas of the community are within Alamance County. The Hebron United Methodist Church is not included in this incorporation, despite its importance to the community. Meetings have been held, but not everyone has been notified. Mr. Kinley estimates that the citizens would have to pay 16 cents per hundred on the tax rate for very little change in services. This area is designated as only five (5) percent development in the statutes. If the fire department changes, they will have to pay higher homeowner insurance rates. Concerns regarding annexation by Mebane are unfounded in that any areas that have been annexed by Mebane were done at the homeowners' request. In summary, Mr. Kinley wants the Hebron community to stay rural. Incorporation would be much more costly to the residents. Lynne Holtkamp said that she does want to stay rural and this attempt is to find the best way to achieve rural character. Ms. Holtkamp stated she wants to work with those who oppose this incorporation. She made reference to the petitions that were signed by over 80 percent of those living in that community. There are issues that need to be discussed and worked through to find an amenable solution for all residents. She stated that the voluntary annexations by Mebane were requested by developers, not existing homeowners. This is a unique opportunity in that if they do not incorporate this year, the opportunity will never be available again. Ms. Holtkamp believes that incorporation is the only tool available. She further stated that she would like Mebane to consider joint planning, but that is not likely to occur. Ms. Holtkamp asked for the Board's support for the Hebron incorporation effort. Commissioner Halkiotis questioned the statement that 80 percent of the residents in the Hebron area signed the petition, so Ms. Holtkamp presented copies of the petitions. Ann Brice stated that 156 signatures out of 224 qualified voters were obtained, with 40 being challenged. Mr. Kinley made reference to the signed petition and said that some of the names on the petition were residents who thought they were signing just to receive additional information. Commissioner Jacobs suggested talking with Mebane to address the concerns of people who live in this area, as all parties are sincerely interested in pursuing the best options for the Hebron community. Further, the Chair and Mayor should meet again to discuss concerns expressed. Robert Wilson, Mebane City Manager said that they have met with Orange County officials and plan to be cooperative in the future. 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items to be considered, Chair Gordon adjourned the meeting. The next meeting listed on the meeting calendar will be held on Monday, March 22, 1999, at 7:30 p.m., in the meeting room of the Government Services Center, Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk ORANGE COUNTY, NORTH CAROLINA RESOLUTION REGARDING LEGISLATIVE MATTERS (Second Resolution presented by Commissioner Jacobs) WHEREAS, reexamination of the role and structure of the North Carolina Department of Transportation has been a major thrust of recent reform efforts led by the Governor, the North Carolina legislature, and the North Carolina Secretary of Transportation; and WHEREAS, while Orange County respects and accepts the traditional control of funds by the North Carolina Department of Transportation, it is mindful that the current structure was established during the Depression of the early 1930s, when counties went bankrupt and the state was primarily agrarian; and WHEREAS, the pressures of increasing urbanization in some counties have outstripped North Carolina's capacity to provide adequate roads and effective transportation alternatives in a timely fashion; and WHEREAS, highway congestion is a major factor in air pollution, difficulty of travel, road rage, and degradation of quality of life; and WHEREAS, preservation of community character and environmental health are central to local government efforts in Orange County; and WHEREAS, it is necessary for both counties and the North Carolina Department of Transportation to address transportation demands in a prompt, creative, flexible, democratic, and cost-effective manner in order to maintain the quality of life enjoyed by our citizens. NOW, THEREFORE, be it resolved by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to support a study commission on the relationship between county interests and the North Carolina Department of Transportation with regard to: 1. promoting smooth and safe flow of traffic through setting speed limits, altering the synchronization of traffic signals, permitting driveway access, and recommending the placement of traffic signals and signage; 2. establishing means of promoting pedestrian travel, such as the installation of crosswalks; 3. encouraging a more flexible approach to highway design, particularly in subdivisions, and to permit a variation from the "one size fits all" approach as contained in A Policy on Geometric Design of Highways and Green Streets; 4. maintaining the highest possible safety standards but giving consideration in designing facilities to factors such as the setting and character of an area, the needs of the users, the environment, and the land-use planning goals of the community; 5. providing increased county participation in the design of transportation facilities, and with respect to road projects, input on the type of road, its width, its design speed and whether bicycle and pedestrian facilities are to be included; 6. identifying other transportation functions in which county government has a legitimate interest that require a minimal additional expenditure of funds and do not compromise public safety. ORANGE COUNTY, NORTH CAROLINA RESOLUTION REGARDING LEGISLATIVE MATTERS (First Resolution by Chair Gordon) WHEREAS, Orange County supports a multimodal approach to transportation which is sensitive to community and environmental concerns; and WHEREAS, in the past the State's transportation funding priority has primarily been roads rather than public transportation systems and both need to be adequately funded to achieve a balanced transportation system for this area: and WHEREAS, the North Carolina Department of Transportation has adopted a multimodal approach to transportation in our State; and WHEREAS, Orange County is a member of and participates in the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and supports its multimodal approach and its emphasis on more local and regional control of transportation. NOW, THEREFORE, be it resolved by the Board of Commissioners of Orange County that the Board hereby urges the North Carolina Department of Transportation and requests the Senators and Representatives representing Orange County to urge the North Carolina Department of Transportation (NC DOT) to: 1. Place more emphasis on public transit, bikeways, sidewalks and other alternatives to roads and relatively less emphasis on local and regional transportation systems, which rely on the single passenger automobile so as to foster a more balanced approach to transportation needs; a. take a broader approach to transportation and incorporate enhancement features such as bike lanes and sidewalks in NC DOT road projects as a matter of course; b. spend more money Statewide for bicycle and pedestrian enhancement features of highway projects as part of highway projects and increase the money Statewide for these enhancements beyond that made available through the Surface Transportation Project Direct Apportionment funds of the DCHC MPO; C. program additional funds to be made available by the North Carolina Department of Transportation for enhancements to Surface Transportation Projects to improve pedestrian safety; d. eliminate the funding cap of $300,000 for individual bicycle projects to enable the completion of larger bicycle projects in a timely manner. 2. Allow more local control for Orange County on transportation projects within Orange County, including more participation in project selection and design, and similarly, more control by the DCHC MPO for regional transportation projects; a. encourage a more individualized approach to highway design and to permit a variation from the "one size fits all" approach used by the North Carolina Department of Transportation as contained in A Policy on Geometric Design of Highways and Streets (sometimes called the "Green Book"); b. maintain the highest possible safety standards but, in designing roads and other transportation facilities, give consideration to other factors such as the setting and character of the area, the needs of the users, the environment and the goals of the community; C. provide for local government participation in the design of transportation facilities, and, in particular, with respect to road projects, allow local input on the type of road, its width, its design speed and whether bicycle and pedestrian facilities are to be included. 3. Provide more funding in Orange County for maintenance of roads, safety projects, and for secondary road projects.