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HomeMy WebLinkAboutMinutes - 19991019APPROVED 211 412 0 0 0 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 19, 1999 The Orange County Board of Commissioners met in regular session on Tuesday, October 19, 1999 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, 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 Albert Kittrell and Rod Visser, and Clerk to the Board Beverly A. Blythe. All other staff will be recognized appropriately below. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA -NONE 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda (These matters will be considered as the Board addresses the items on the agenda below.) Chair Gordon made reference to the McBroom rezoning and asked the Board if it was all right for one spokesperson to speak for this request and one spokesperson to speak against this request. She said that the public hearing on this item was closed and no further comments were allowed. b. Matters not on the Printed Agenda Mark Barroso spoke about flooding in Heritage Hills. He thanked the County staff for coming out to Heritage Hills to see the situation. He explained that about three weeks ago Price Creek rose out of its banks and into the Heritage Hills Subdivision. He said that some of the residents got about 40 inches of water into their houses. He said that the damage could be repaired, but flooding has occurred in Heritage Hills six times since 1990. State and County officials have told the residents that flooding is a fact of life. He said that the problem began 30 years ago when a developer was allowed to build houses in a flood plain which forced the creek to follow lot lines. He said that the private homeowners lack the resources or expertise to handle the volume of water from Chatham County and southern Orange County. He asked that the County Engineer evaluate the problem and that the Commissioners apply pressure to the Department of Transportation to install adequate storm drainage under the roads. He also asked that the Commissioners continue to ask their colleagues in Chatham County to better control erosion. The citizens in Heritage Hills will seek participation in the state's hazard mitigation program. Chair Gordon mentioned a memorandum from Rod Visser about the flooding in Heritage Hills. Rod Visser said that there are several grant programs available and he mentioned the FEMA hazard mitigation program specifically. He said that there is a possibility that Heritage Hills could get some relief in terms of mitigation grants. He said that the state Emergency Management office indicated that the emphasis is going to be on acquisition of properties by the state. He said that the key to this issue is how much funding is left after Hurricane Floyd relief efforts are funded. He recommended submitting an application for this hazard mitigation program. Commissioner Halkiotis asked that the County provide the services of the County Engineer to help the citizens in Heritage Hills. The Board approved asking the County Engineer to help in this situation and asking County staff to help in submitting the application. Mike Rorgue, an artist in Chapel Hill, said that he had renovated a bus to use as an out building on his property and someone in the neighborhood complained. He said that this was supposed to be a fun project and has turned out to be controversial and against rules and regulations in Orange County. He said that he understands that the ordinance that he is in violation of is designed to prevent a lot of junk vehicles on a piece of property. He feels that in his case it is not his intent to have a junk vehicle. He wants to allow something like this to exist on his property. He does not want to be in violation of an ordinance. Chair Gordon asked Geoffrey Gledhill how the Commissioners should proceed on this issue. She said that the staff has turned down this request. She asked if there was a provision for appeal to the Commissioners. Geoffrey Gledhill said that the Board of Adjustment could review the determination by the Zoning Officer and the decision could be appealed by either the County or the property owner to the courts. He said that the Board of County Commissioners have no role in this process. Chair Gordon asked Mr. Rorgue to check with the County Manager and the County Attorney on how to proceed. John Link said that this decision was made by the Zoning Officer and has not been reviewed by the administration, which includes the County Manager, the County Attorney, and the Planning Director. He recommended that this issue be referred to the administration. Commissioner Carey agreed with John Link and said that if the situation arises that Mr. Rorgue wants to go to the Board of Adjustment, that the staff advise him on what conditions the Board of Adjustment will make a decision. Commissioner Halkiotis said that this is one of the most artistic uses of a spent school bus that he has ever seen. He said that he knows of a lot of places with abandoned school buses that look horrible and he encouraged Mr. Rorgue to go through the process of appeal. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis made reference to the fatal accident yesterday on highway 70. Since he has been on this Board he has seen the introduction of five traffic lights between 1-85 and Highway 86 and 70. He requested that DOT be asked to review the speed limits on Highway 70. He thinks that 55 mph is too fast for Highway 70. He feels that there is more tragedy just waiting to happen. The Board agreed with this suggestion. Commissioner Jacobs made reference to the Board's legislative agenda. He serves on a subcommittee with Commissioner Halkiotis and will meet on November 2nd to discuss what has happened to the local legislation introduced during the 1999 session of the general assembly. He would like the staff to bring a report by November 2nd, letting the Board know what happened with all of the legislative initiatives that Orange County took in the last legislature. Commissioner Jacobs suggested setting up a meeting with the Durham County Commissioners to talk about issues of mutual concern. Durham City could also be invited. He would rather focus on finding a date for just the County Commissioners to attend. The Board agreed with this suggestion. Commissioner Jacobs made reference to lunches that are catered and proposed to continue to try to set an example not to accept any containers that are not biodegradable. The Board agreed with this suggestion. 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONS/PROCLAMATIONS a. Resolution of Support for Flood Relief in Edgecombe County The Board considered adopting a resolution of support for flood relief efforts in Edgecombe County. John Link said that at the Board of County Commissioners' October 5t" meeting, the Commissioners endorsed support for helping with the flood relief efforts in Edgecombe County. The Health Department has been the primary agency that has helped Edgecombe County. He said that the Edgecombe County Manager has expressed appreciation for Orange County's relief efforts. A copy of this resolution will be sent to Edgecombe County. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the resolution of support for flood relief efforts in Edgecombe County as stated below: RESOLUTION OF SUPPORT FOR FLOOD RELIEF TO EDGECOMBE COUNTY WHEREAS, the citizens of Edgecombe County suffered great loss of life, dwellings, and the resources for normal existence, as well as unmeasurable damage to their communities and sense of well-being, due to the flooding from Hurricane Floyd; and WHEREAS, full recovery will be a long and arduous process; and WHEREAS, the citizens of Orange County, the Board of County Commissioners, and County staff empathize with the challenges faced by our neighbors in Edgecombe County; and WHEREAS, Orange County citizens remain grateful for the assistance afforded them by others in the wake of the disaster that befell our county in 1996 due to Hurricane Fran; and WHEREAS, all in Orange County wish to assist our neighbors in eastern North Carolina in the recovery from Hurricane Floyd; THEREFORE BE IT RESOLVED, the Orange County Board of Commissioners hereby directs the County Manager and staff to coordinate proactive relief efforts with the Town Managers of Chapel Hill, Carrboro, and Hillsborough, and respond to requests by Edgecombe County for equipment, staff, and other support that may be provided for the duration of the recovery period. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS a. Efland Sewer Fund - Revisions to Fee Schedule The Board held a public hearing on proposed revisions to the fee schedule for new connections to the Efland sewer system and considered approval of the proposed revisions at the close of the public hearing. John Link said that as the staff brought this item to the Commissioners' attention at an earlier meeting, they asked that the Board consider a public hearing to discuss adopting revised fees for future connections to the Efland sewer system, with the understanding that those individuals who signed up in the mid-80's would not be affected by the new fees. County Engineer Paul Thames summarized the existing and proposed fee structure. The staff is recommending that the Board adopt a $600 availability fee regardless of house or lot size, and a $1000 acreage fee. This is in addition to a minimum fee of $1600 that is paid to the Town of Hillsborough and a construction cost for constructing a sewer tap-on. He said that he did look at OWASA's fee structure, per Commissioner Jacobs' suggestion. OWASA's fee structure is based on the square-footage of houses that are being served. He said that OWASA did an extensive analysis of homes built within the last three years and determined that there is a strong correlation between water usage and home size. He asked that the Board approve an analysis of Efland. Commissioner Brown asked if there were fire hydrants in Efland. Paul Thames said that there are one or two fire hydrants, but not in any of the neighborhoods. Commissioner Carey asked if the acreage fee would be applied to each acre and Paul Thames said yes. He asked if there is currently a $600 availability fee. Paul Thames explained that the $600 pays for the section that connects the property to the main. Paul Thames gave an overview of the impact of the fees. In answer to a question from Commissioner Brown, Paul Thames said that his assumption is that the fee goes with the property. Commissioner Halkiotis made reference to a map that was shown of the Efland downtown area. He noted that most of the lots were very small. He asked how this fee would impact these small lots. Paul Thames said that he is assuming that this particular area is where people have signed up for sewer service and have not yet received it. Commissioner Jacobs asked if a time limit could be legally set from the time sewer services were made available for the people who were grandfathered in, and if they did not hook up within a period of time that they would be treated like anyone else signing up for the first time. Geoffrey Gledhill said that the ordinance amendments address this kind of situation. There were 212 people in the original project. If any of these 212 did not connect because sewer was not available then they will be grandfathered in. The 212 customers would have 30 days to connect from the date of notification that sewer services are available. Commissioner Jacobs asked if the $600 includes any plumbing that is needed to hook up the individual house. Paul Thames said that there would be an additional cost for the homeowner for plumbing. Commissioner Jacobs said that he would like to have an Efland-specific study by the first of the year so it can be determined if the fees are going to be regressive as they relate to acreage fees. If the County is giving people a 30-day period and telling them that they are going to have to incur an additional cost in order to get the benefit, he thinks it is precipitous to only give them 30 days. He would like to see some kind of reasonable period developed for citizens to hook up, as part of the study, and a limit beyond where they cannot hook up. He asked that the Board agree that this be as equitable as possible, in terms of the time period and the rates. Commissioner Carey asked what the availability fee was at the time the County built the first phase and indicated to those people that they would be grandfathered in. Paul Thames said that the County's fee was $600 and the Town of Hillsborough's fee was also $600. Commissioner Carey said that maybe there could be a time period that is fairly short and if the person does not hook up that they have to pay the current fee. Commissioner Halkiotis noted that the County has been losing money since the Efland sewer line was constructed. This was precipitated by the need for sewer at the Efland-Cheeks Elementary School. He feels that there is a responsibility to protect the County's interest. He said that the fee should not be regressive to the original 212 people who originally signed up for this service. Commissioner Brown clarified that the Board would adopt this recommendation this evening and that Paul Thames would come back with additional information and responses to suggestions received tonight and a time table in terms of being notified to connect. The staff will present some options for the Board's consideration. A motion was made by Commissioner Brown, seconded by Commissioner Carey to close the public hearing and adopt the Manager's recommendation to approve the resolution amending rules and regulations for the operation of a sewer collection treatment system to serve the Efland area of Orange County. VOTE: UNANIMOUS 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, Commissioner Jacobs to adopt 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. Lease Renewal - Bradshaw Quarry Road Solid Waste Convenience Center This item was removed and placed at the end of the Consent Agenda. C. Bid Award - Electrical Work to Make Stanford Middle School Generator Ready This item was removed and placed at the end of the Consent Agenda. d. Professional Services Authorization - Design of Ceiling Replacement and Relighting Project at Planning and Agricultural Building The Board authorized Sunderland Engineering to complete design work associated with installation of a new suspended ceiling and renovation of the electrical system at the Planning and Agricultural Building at a cost not to exceed $4,500 plus reimbursable expenses. e. Modification to Contract between Orange County and Equal Employment Opportunity Commission The Board approved a modification in the contract for EEOC-sponsored training, reducing the contract amount from $27,700 to $27,260.19. f. Motor Vehicle Property Tax Refunds The Board approved three requests for property tax refunds as shown below: Name Account Number Amount Tabak, Gwendolyn Barbara E52952 &F46279 $88.32 McCarley, Gerald Fowler F77234 $52.66 Tempest, David Lawrence G22586 $ 5.91 g, Contract Between Orange County Health Department and UNC School of Dentistry for Dental Resident Services The Board approved and authorized the Chair to sign a contract with the UNC School of Dentistry for Health Department dental resident services for the fiscal year July 1, 1999-June 30, 2000, in the amount of $40,077. h. American Towers Inc. - Appeal of Denial of SUP-2-98; Board of Commissioners Findings of Fact This item was removed and placed at the end of the Consent Agenda. L Text Amendments - Flexible Development Provisions The Board approved the proposed text amendments to the Orange County Subdivision Regulations provisions regarding septic system placement within flexible developments. L Bid Award - Roof Replacement - Whitted Human Services, Hillsborough, and 503 W. Franklin St., Chapel Hill The Board awarded a bid to Owens Roofing Company in the amount of $195,111 for roof replacement at the Whitted Human Services Building in Hillsborough and $131,870 for roof replacement at 503 W. Franklin St., Chapel Hill. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: March 3, 1999 regular meeting; March 16, 1999 regular meeting; April 6, 1999 regular meeting; April 7, 1999 special meeting; April 13, 1999 work session; May 18, 1999 regular meeting; August 17 regular meeting; August 23, 1999 quarterly public hearing; and, Sept. 7, 1999 regular meeting. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the minutes for April 6, 1999 with amendments as noted above. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the minutes for April 13, 1999; May 18, 1999; and August 23, 1999. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Brown to table the minutes for March 16, 1999 to be brought back to the next meeting. A motion is made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the minutes for March 3, 1999; April 7, 1999; and August 17, 1999 with amendments as noted above. The minutes for September 7, 1999 will be tabled. VOTE: UNANIMOUS b. Lease Renewal - Bradshaw Quarry Road Solid Waste Convenience Center The Board considered renewing a lease for the existing solid waste convenience center on Bradshaw Quarry Road for a five-year period at a rate of $2,400 per year. Commissioner Brown asked about the language indicating that this staffed site will continue to be necessary in the foreseeable future. She asked if there was a plan that she was not aware of. John Link said that this statement meant that there would continue to be convenience centers. Commissioner Brown said that she received a call from a church that uses this solid waste center every Sunday, and the church was told that they could no longer accept church debris because it was not household waste. She made an inquiry of Public Works, and this is not the case. Geoffrey Gledhill said that he would go back and read the solid waste ordinance. He said that it is clear when the solid waste ordinance was adopted in 1993 that the Board wanted to make sure that only household waste was accepted. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve and authorize the Chair to sign a lease for the existing solid waste convenience center on Bradshaw Quarry Road for a five-year period at a rate of $2,400 per year. VOTE: UNANIMOUS C. Bid Award - Electrical Work to Make Stanford Middle School Generator Read The Board considered awarding a bid to Pendergraph Electric for electrical work at Stanford Middle School, at a cost of $46,250. Commissioner Jacobs asked if new schools were now made generator ready. John Link said that he could not say for certain that every new school is generator ready. Rod Visser said that the staff feels that one shelter in the southern part of the County and one in the northern is adequate. Chapel Hill plans to make the new Smith Middle School generator ready. Commissioner Jacobs suggested that the Board might want to suggest to Orange County Schools that they consider making the new Orange High School generator ready. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award a bid to Pendergraph Electric for electrical work at Stanford Middle School, at a cost of $46,250. VOTE: UNANIMOUS h. American Towers Inc. - Aoaeal of Denial of SUP-2-98: Board of Commissioners Findinas of Fact The Board considered adopting findings of fact related to its denial of an application for a special use permit, SUP-2-98, by American Towers, Inc., d/b/a/ Gearon Communications, in compliance with a court order dated September 30, 1999. Geoffrey Gledhill requested that in the second line of the recommendation that the words, "findings as contained in the ", be deleted. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt findings of fact related to its denial of an application for a special use permit, SUP-2-98, by American Towers, Inc., d/b/a/ Gearon Communications, in compliance with a court order dated September 30, 1999 with this change. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Appointments The Board considered appointments to the Board of Health, Information Technology Advisory Committee and the Mebane Planning Board. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to appoint Ronald Cammarata and Martha Jane Stucker to the Board of Health for terms ending June 30, 2002 and to send a letter of commendation to Dr. Beverly Foster. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to reappoint John Smith and Doug Noell for terms ending December 31, 2002 to the Information Technology Advisory Committee. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to appoint Leslie Case, Knox Efland for terms ending December 31, 2001 and Mary Ann Sides for a term ending December 31, 2000 to the Information Technology Advisory Committee. VOTE: UNANIMOUS The Board decided to postpone the appointment for the Mebane Planning Board. b. Mebane/Orange County Planning Coordination and Joint Meeting The Board heard a report on the progress of discussions with Mebane regarding joint planning and annexation issues. Planning Director Craig Benedict asked the Board to consider how much further discussions with Mebane should be taken and what should be the focus of the discussions. In the agenda packet, there are several resolutions that Orange County has sent to Mebane. There have been discussions on the staff level concerning prioritizing the issues. Commissioner Carey feels that the County needs to proceed with joint planning with Mebane. He feels that a meeting with the elected officials would be a good first step to initiate the process to work toward joint planning. Chair Gordon made reference to the two resolutions which the County Commissioners have approved and said that Mebane has passed the resolution for satellite annexation, but has not passed the resolution of intent to pursue the elements of joint planning. She asked if the County Commissioners want to wait until Mebane has passed this resolution. She feels that the Board should encourage Mebane to pass the resolution of intent to pursue the elements of joint planning. John Link said that in his discussions with the City Manager of Mebane, his response to not having approved this resolution was that this is a topic they wanted to talk about at a meeting with the Orange County Board of Commissioners. The City of Mebane wants to talk face to face before deciding which elements to put in this resolution. Commissioner Jacobs said that the meeting with the City of Mebane is a good place to start. He feels that the most important elements are annexation, water and sewer service plans, natural resource preservation, and JPA and amendment implementation timeframe. Craig Benedict said that the Piedmont-Triad Council of Governments is working on a strategic plan for Mebane and that Orange County needs to be part of that plan. Commissioner Halkiotis would like to see a copy of the strategic plan from the Piedmont-Triad Council of Governments. The meeting with the Orange County Board of Commissioners and the City of Mebane will include the legislators also. John Link said that he would call the City Manager once there is a specific date for this meeting. Mebane still wants to host the meeting. The Clerk will proceed to find a date to meet with the City of Mebane. C. Text Amendments - Development Standards in Cane Creek Watershed The Board considered proposed text amendments to the Orange County Zoning Ordinance and Subdivision regulations that will implement new development standards for the Cane Creek watershed. Craig Benedict made this presentation. He gave some background on the Cane Creek watershed studies that were started in 1994. The suggestions of those studies was to determine if a change in the lot size requirements in the Cane Creek reservoir area, which is presently two acres per unit, should be decreased to increase water quality. The results of those studies have come forward to offer two recommendations. The first recommendation is that the first ten acres of a development be split into two-acre lots, and afterwards, the lots can be five acres. He said that this recommendation allows that 68% of the property owners within the Cane Creek watershed area would not be affected because they have ten acres or less. He clarified that this is 68% of the property owners, not 68% of the acreage in the Cane Creek watershed. With this recommendation, there would be a decrease of 27 lots from the existing zoning conditions. The second recommendation is that there would be a 50% open space requirement, and the developer or applicant could still have 50 one-acre lots and 50 acres of open space. He pointed out that there would still be a lot of density in this area and the water quality could be jeopardized. He said that the Planning Board approved the first recommendation. The administration suggested, allowing for some flexible development, retaining 50% open space, but having a minimum lot size of 1.5 acres. The administration's recommendation is to imply the five-lot, two-acre, five-acre thereafter option; and also the cluster down provision where there is 50% open space and a 1.5-acre lot minimum. Craig Benedict gave some history of lot sizes in Bingham Township since 1980 and said that there is a lot of large lot development under natural circumstances. He said that this recommendation would remove the possibility of small lot development in the reservoir area. He said that Bingham Township has been the fastest growing township in Orange County, second to the Chapel Hill Township. He said that these zoning changes support other County goals besides water quality. He pointed out that there was a prime interest for this particular watershed because it lies completely within Orange County. Bernadette Pelissier clarified OWASA's recommendation. She was not a board member at the time of the study in 1997. She said that there were two parts to the OWASA recommendation that was done in 1997. The first part was the large lot zoning of five acres, and OWASA saw this as necessary for water quality purposes. The other part was the flexible development to help compensate landowners, and had nothing to do with OWASA's water quality concerns. She wanted to clarify that the second part of the recommendation was not motivated by water quality concerns. Commissioner Jacobs said that he was a board member at the time of the study and that Bernadette P's statement was not a true statement. Bill Strom said that, in his opinion, the clustering option would facilitate additional density and additional growth in the Bingham Township. He thinks that this counters the water protection goal. He is very supportive of the five two-acre I five-acre option. This option has worked very well in the University Lake watershed. He believes that the best approach is to take Randal Ardent's density neutral approach that the density in clusters should be based on the actual perk ability of the lots under the standard zoning. He emphasized that the primary issue is water quality and not land values. Commissioner Brown asked about the 50% open space requirement and the rationale behind it. Craig Benedict explained the present requirement, which does not require any open space. The second plan is the University Lake watershed scenario, which creates larger lots, but open space occurs on the lots. He said that the 50% open space provision could give open space in an area that could be protected. Commissioner Brown pointed out that the Planning Board recommendation is actually increasing the OWASA recommendation by 10 units and is not a watershed protection method. Commissioner Jacobs said that when the watershed study took place and when the recommendation was formulated, the Planning Director at that time attempted to coordinate with Orange County's Flexible Open Space Ordinance. He said that the reasoning behind promoting a cluster was because, not only would it provide contiguous open space, but it also provides other advantages: it reduces the road, it reduces the necessity to disturb land by utilities, and by having the homes clustered there is the opportunity to place lots on a property so there is minimal watershed impact. He does think that because of what the consultants have said and because it does achieve so many other goals and objectives that Orange County has as a government and as a community, he is comfortable with looking at clustering. He said that there have been discussions in the past about whether density should be based on the carrying capacity of the property rather than on an inflexible acreage formula. This might be a place to discuss the clustering. He suggested receiving an annual report so the County Commissioners can see what is happening in the watershed. Commissioner Carey said that he has a concern with having a carrying capacity in excess of what is proposed. He supports option two because it accomplishes a number of different goals. Craig Benedict said that the carrying capacity would work in option one or two. Commissioner Brown feels that option two did not show the dramatic increase in the number of lots that also increases the impervious surfaces. She said that she was on the Cane Creek Watershed Study Committee and her recollection was that the report came back and it recommended the acreage that should be zoned, and after that was the discussion of mitigation and clustering for the property owners. She thinks that the five-acre lot size can accomplish open space and wildlife corridor protection. Craig Benedict said that the best scenario for water quality issues is option one. He said that even though option two is an increase over option one, it is a 33% decrease over the existing zoning. Commissioner Brown would rather have the zoning be consistent with the University Lake watershed. She made reference to page 15 where it talks about density bonuses. Craig Benedict said that if option one was chosen there would not be any flexible development provisions and density bonuses. Commissioner Brown asked if any kind of alternative system for the clustering would be allowed or would there just be a conventional system. Craig Benedict said that the clustering would be designed for a minimum three bedroom conventional system. Commissioner Brown said that she supports option one. She believes that option two is a very large increase in density. Commissioner Jacobs suggested approving the five-acre lot zoning, with the understanding that the Board would direct staff to work on option two and see if it can achieve the County's water quality protection goals and come back to the County Commissioners with further modifications. Commissioner Carey said that he feels that option two has the potential for addressing water quality issues. He said that the Board should remember what the property owners said at the public hearing. He feels that option two comes closer than the existing scenario to addressing all of the concerns including water quality. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to table this discussion and direct staff to pursue further analysis of option two for November 16tH Commissioner Halkiotis noted that Orange County has been a leader in watershed protection. He supports the five-acre minimum lot size. VOTE: AYES, 2; NOS, 3 (Commissioner Halkiotis, Commissioner Brown, and Chair Gordon) A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve option one to implement a five-acre minimum lot size in the Cane Creek watershed. Chair Gordon made a friendly amendment to the motion to approve option one tonight, but have the staff bring back option two, without another public hearing, to be sure that it has substantially equivalent water quality standards. Geoffrey Gledhill said that the Board could adopt those ordinance amendments that relate to option one and not take any action on ordinance amendments to option two. Commissioner Jacobs explained his reasoning behind moving to table this discussion and said that he did not want to preclude something because it was not fully explored. He is comfortable with the present motion. He does not think that what was proposed as an alternative to option two was done to undermine water quality protection. Commissioner Brown made reference to open space and said that the County Commissioners have never really discussed open space. She feels that adding the issue of open space tonight would be premature. VOTE: AYES, 4; NO, 1 (Commissioner Carey) d. Proposed Zoning Atlas Amendment - Z-3-99 - Ernie McBroom The Board considered a request by Ernie McBroom to rezone a 10.01-acre tract in Cedar Grove Township from Agricultural-Residential (AR) to Agricultural-Service (AS). Craig Benedict gave an update on this situation. He said that there was a public hearing on August 23rd. The staff and administration have considered all written materials provided by the applicant and the residents. The staff recommendation is to deny Ernie McBroom's request to rezone his 10.01- acre tract from AR to AS. Mr. McBroom asked if the Board reviewed the plat of what he wants to do. He wants to dump stumps and brush from another 50 acres of land that he owns, and then bring in the equipment to grind this debris for mulch. He was told that the tract had to be rezoned to do this. His intent was to get rid of stumps and brush in a legal way. Pam Alexander said that she represents the community, those who are present, and those who could not be here tonight. She presented a petition of 160 names asking for a denial of Mr. McBroom's request. She said that they have sent emails, made telephone calls, and written letters to the Board of County Commissioners. She urged the Board to listen to the concerns they have expressed. She asked the County Commissioners to consider their pleas and deny the request for rezoning. Commissioner Jacobs thanked the citizens for their emails. He said that when the rezoning first came before the Board, several Commissioners mentioned to the staff that they were concerned about the uses permitted in an agricultural service district. He does not feel this tract is a place for a commercial business, especially a sawmill. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the staff's recommendation to deny Mr. McBroom's request to rezone a 10.01-acre tract in Cedar Grove Township from Agricultural-Residential (AR) to Agricultural-Service (AS). Commissioner Halkiotis said that Mr. McBroom had made the comment in submitting his application that there is no place in the County to put debris of this kind. He feels the County has a responsibility to do something with stumps and brush. He feels that by using GIS the location of residential growth can be tracked in the urban areas of this County. He feels that the idea was good and there is a need for this kind of facility in Orange County. Commissioner Brown feels that what the citizens have brought forth is the recognition that the County's Land Use Plan is out of date, and that these permitted uses do not reflect what neighbors can live with anymore. She agreed with Commissioner Halkiotis in that the County needs to look at these permitted use tables and get a good understanding of the neighborhoods. She feels that it is clear that this is not a good use for this area. Chair Gordon said that she has always thought that community protection was important. She also thinks that Mr. McBroom had a right to bring this request forward. VOTE: AYES, 4; NO, 1 (Commissioner Halkiotis) Craig Benedict announced that Jim Hinkley would be retiring from the Planning and Inspections Department on November 'It, and this would be his last public meeting. He has worked in Orange County for 10 years. e. Acceot Continuation of Grant Funds for Svohilis Elimination Proiect and Establish New Public Health Educator Position The Board was to consider accepting continuation of grant funds in the amount of $43,000 for the syphilis elimination project and establishing a new permanent full-time public health educator position to provide education and outreach services, but it was postponed to a future meeting. f. Creation of Task Force to Develop a Northern Human Services Center Plan The Board was to consider establishing a task force to develop a long-range plan for the Northern Human Services Center and surrounding property, but it was postponed to a future meeting. g_ Community College Task Force - Charge. Composition and Timeline The Board was to consider approving a charge, composition and timeline for the Community College Task Force, but it was postponed to a future meeting. h. Creation of Task Force to Organize Soccer Symposium The Board was to consider establishing a charge for and appointing a task force to organize and focus community interest in promoting soccer and soccer facilities, but it was postponed to a future meeting. L C&D Recycling Task Force - Charge, Composition and Timeline The Board was to consider approving the charge and composition of the C&D Recycling Task Force, but it was postponed to a future meeting. 10. REPORTS a. Orange County Y21K Preparations The Board was to hear a report on preparations to deal with Year 2000 technology issues, but it was postponed to a future meeting. b. Orange County Fair Housing Plan The Board received a draft Fair Housing Plan and established an official public comment period of Oct. 20-November 2, 1999. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to receive the report and establish an official public comment period of October 20-November 2, 1999. VOTE: UNANIMOUS 11. APPOINTMENTS -NONE 12. MINUTES- NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adjourn the meeting at 10:35 p.m. The next meeting is scheduled for November 3, 1999 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. VOTE: UNANIMOUS Alice M. Gordon, Chair Beverly A. Blythe, Clerk