HomeMy WebLinkAboutMinutes - 06-29-2000APPROVED 4/17/2001
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 29, 2000
The Orange County Board of Commissioners met in regular session on Thursday, June 29, 2000 at
6:00 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Margaret
W. Brown, Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately
below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL
BE KEPT FOR 5 YEARS.
NOTE: Chair Carey announced that this meeting would be conducted in two parts with same of the
items considered at a meeting beginning at 6:00 p.m. and the remainder of the items considered at the
resumed meeting beginning at 7:30 p.m. For purposes of continuity, the agenda items are in the order
they appeared in the agenda packet.
1. ADDITIONS OR CHANGES TO THE AGENDA
Chair Carey would like the Board to accept the changes to the March 23rd minutes as listed on the
green sheet. He would also like the Board to consider an additional application for the Planning Board
on the yellow sheet. He would also like the Board to accept an updated agenda for item 5a on the red
sheet. He asked that the staff to inform the Board why item 5b is being recommended for removal.
Commissioner Gordon would like to discuss item 9c, the Proposed Quarterly Public Hearing Legal
Ad, before the break. She would also like to discuss the two subdivisions, items 9e and 9f, before item
9d. The Private Road Standards.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Agenda (These matters were considered as the Board addressed
the items on the agenda below.)
b. Matters not on the Printed Agenda -NONE
PUBLIC CHARGE
Chair Carey read the public charge.
3. BOARD COMMENTS
Commissioner Jacobs reported that he attended a meeting at Triangle J Council of Governments
last week of a Smart Pattern and Green Space Team as part of a regional development choice project.
As a result of the Ag Summit, a Triangle J Agricultural Work Group was put together. Jill Schwartz, from
the American Farmland Trust, made a presentation on doing a cost of communities services study for the
six counties in Triangle J. He said that of the 63 cost of communities services studies that the American
Farmland Trust has done, an average residential development costs $1.15 in services far every dollar it
pays in taxes and farmland casts 34 cents in services for every dollar it pays in taxes. He will bring
something back to the Board if there is any mare movement on a specific proposal that involves the
Board's participation.
Commissioner Brown reported that she and Commissioner Jacobs co-chaired the first meeting of
the affordable hauling task force on June 27t", and there will be another meeting between now and
August.
Chair Carey said that he would try to get the other affordable housing task force going after the
break, because it would probably be September before all of the individuals of the group are in town at
one time.
Commissioner Gordon reported that the TTA Board of Trustees approved the phase II funding for
the 15-501 MIS study that the two mayors from Durham and Chapel Hill had asked the Board to
reconsider. She also reported that the Triangle J Council of Governments hired a new Chief Executive
Officer, Mr. Dee Freeman, Town Manager of Shelby.
4. COUNTY MANAGER'S REPORT
John Link reported that he had been informed verbally that the Orange County EMS staff has
received one of the Ralph Kettner Employee Awards far Innovation in Local Government. He referred to
the Paramedic Initial Response Program that Orange County initiated. As a result of this program, the
hospital cardiac arrest survival rate has gone from 6°lo to 20°fo.
5. RESOLUTIONS/PROCLAMATIONS
a. Request of American Stone Company, Orange Water and Sewer Authority and Philip
and Alice Durham to Amend the Joint Planning Area Land Use Plan and Orange County
Comprehensive Plan
The Board considered a decision on a request to amend the Joint Planning Area {JPA} Land
Use Plan and Land Use Element of the Orange County Comprehensive Plan.
Chair Carey said that this was not a public hearing, but a time to hear the Orange County
Planning Board's recommendation on this item. He asked the County Attorney to clarify the process.
County Attorney Geoffrey Gledhill said that the Orange County Zoning Ordinance prescribes
the public hearing process for land use plan and zoning text amendments. The process is that there is a
joint public hearing with the Planning Board and the zoning ordinance calls for the County
Commissioners to receive the Planning Board recommendation and any information that was received
up until the Planning Board recommendation. This concludes the public hearing process unless the
County Commissioners elect to open it up again. The Board can re-advertise and start the public
hearing process over and then refer the information heard to the Planning Board far another
recommendation. After the public hearing is closed, anything said would be considered lobbying and
would be outside of the public hearing process.
Chair Carey suggested that after the Planning Board recommendations are heard and the
public hearing is closed, that five minutes be given for each side, the proponents and the opponents, to
speak.
Geoffrey Gledhill suggested that the Board consider the minutes of the Planning Board
meeting from June 21, 2000 as part of the public hearing process.
The Board decided to give 10 minutes for each side to speak after the public hearing was
closed.
Planner Gene Bell said that the staff was asking the Board to adopt two plan amendments
that were considered on April 12, 2000 at the Joint Planning Area Public Hearing: 1) JPA-1-QO -
expansian of extracted use plan category, which is 75.2 acres in two tracts {one owned by OWASA and
one awned by American Stone Company). This requires the approval of Chapel Hill, Carrboro and
Orange County to be effective. 2) CP-1-00 -Comprehensive Plan amendments, which is a request that
105 acres on the NW side of Bethel Hickory Grove Church Road and the 75.2 acres be designated as a
Rural Industrial Activity Node. This only requires the approval of the Orange County Board of
Commissioners to be effective. The Town of Chapel Hill voted to approve the JPA-1-00 and Carrboro
deferred its action until August 15t". He said that the Planning Board deliberated far two hours an this
issue and recommended denial (5 for, 4 against}. The discussion mainly focussed an the concerns
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voiced by the neighbors at the public hearing. The administration recommends that the Board approves
JPA-1-00 and CP-1-00 based an the following rationale:
- Approval creates a finite time limit on excavation operations.
- Mitigation measures agreed to by American Stone and OWASA during mediation discussions
will promote a more environmentally sound and safe operation than without the amendments.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close
the public hearing.
VOTE: UNANIMOUS
Lea Allison, Chair of the Orange County Planning Board, said that there was significant
discussion about the mitigation process at the June 21St Planning Board meeting. He had nothing more
to add to Gene Bell's comments.
Comments from Proponents
Peter Gordon, Chair of the OWASA Board of Directors, said that in terms of water supply, the
OWASA Board and staff feel that this expansion is the single, mast important step to take to assure
future generations an adequate supply of high quality drinking water. The OWASA Board of Directors
also believes that this step really represents a full use of the protected watersheds that exist in Orange
County. He said that there were a number of mitigation measures that reflect the way in which the
quarry will be operated, and it will be operated to levels that are well above the state regulations. He
made reference to the mitigation measure that 10 acres will be devoted to a park and that $20,000 a year
will be put forward for the park and other community developments. In the public hearing and the
meetings before the other elected boards, Chapel Hill and Carrboro, OWASA and American Stone heard
several speakers say that they did not feel a need for a park out there. They also heard people speak
about the water needs of the immediate neighbors of the quarry. He said that there was no evidence
that a quarry damages wells, either through blasting or lowering of the water table. He said that because
this was something that was being done far the water supply of the towns, the OWASA Board felt that it
was worthwhile to try to offer some mitigation in the form of water supply so that the land for the park
would be sold and the money from that, $67,000, would have added to it an initial $20,000 plus $20,000
per year as long as the mine is in operation on OWASA land to be used as a no-fault well repair fund.
The County will develop the criteria for the repair of the wells. In addition, OWASA has agreed to provide
up to $15,000 a year as a fall back source in any year that the fund was not sufficient.
Paxton Badham from American Stone Company said that he was there to try to answer any
questions from the Board about the project.
Comments from Opponents
Elliot Cramer urged the Board to fallow the recommendation of the Planning Board and reject
quarry expansion. He said that Planning Board member Holtkamp asked two questions which the Board
should seriously consider: 1) Why should you expand the quarry to obtain only an additional two percent
more water than the current quarry; and 2} What is the problem with waiting 15 years to see what
OWASA's needs are then. He said that he used OWASA's data on page $0 in his presentation to the
Planning Board. OWASA currently uses 9.4 million gallons per day, and they currently have a water
supply, without any quarry, of 17.9 million gallons. If the current quarry is mined, OWASA will have 2.5
billion gallons, and the 3billion-gallon expanded quarry will only add'12 a million gallons per day, which is
less than two percent. OWASA's very conservative estimates of supply show that there is a sufficient
water supply until 2069 without any quarry at all. He urged the Board to reject quarry expansion.
Jennie Foushee said that she lives on Parrish Road and would like to continue to live there.
She has two wells an her property. She showed what her water looked like. She asked the Board not to
expand the quarry because of the affects on the wells. She has had windows to break and pictures to
fall off the wall.
Anne Parrish read a statement from the community as follows: "We believe that denying the
expansion is in the best interest of the community, even though American Stone and OWASA are not
offering mitigation measures unless the expansion is approved. We believe that limiting the quarrying
operation to the shortest time frame is in the best interest of our health, homes, wells, environment,
safety, and quality of life in general. There is no scarcity of water or stone. The expansion is not
necessary. If the expansion is approved, mitigation measures have not adequately addressed traffic
impacts, noise impacts, visual impacts, homeowner property values or structural damages, air quality, or
watershed threats. We feel it is unnecessary, unreasonable, and unjust to allow the quarry to expand.
The current quarry could provide 98°~ of the capacity of the expanded quarry if fully mined. It is
unreasonable and unjust to ask our community to continue to suffer a great loss of quality of life and
property damage for this expansion when there is no need. We ask you, as stewards of our community,
to deny the proposed expansion. Help us to restore a good quality of life to our community." She said
that this statement was signed by at least 100 people.
Robert Brooks said that he was opposed to the expansion. He said that of the two houses he
has in the neighborhood, he has three wells that have gone bad. He is changing his water filters twice a
week. He said that he has to buy all of his drinking water.
Pastor C. M. Williams, Senior Pastor of Hickory Grove Missionary Baptist Church, shared his
concerns that the church has had to put in three new wells. He notices that during the blasting around
12 noon, there is shaking and the church almost comes off its entire foundation. He said that the total
cast of digging the last well in 1998 was $7,995.05. In May 2000 the church had an extensive plumbing
repair that cost $1,490.21. This was due to the deposits from the water. He is concerned about the
structural damage that is not yet visible.
Erwin Danziger said that in the presentation by the Planning Department, the Board was told
that there would be a finite time limit. He said that as far as he knows, there is nothing that will keep the
quarry to a finite time limit. He said that American Stone Company could come back and extend the
Special Use Permit past the time limit. He said that the time limit could not be legally enforced. He
asked the Board to deny this request.
Chair Carey said that if the County does not approve the land use plan amendment then the
process would stop. If the County approves the land use plan amendment then Carrboro would have to
approve the change in order for the Special Use Permit to move forward so that the mitigation measures
can be addressed.
Geoffrey Gledhill said that the County Commissioners have two decisions - act on the Joint
Planning Area Land Use Plan Amendment and act on the Orange County Land Use Element of its
Comprehensive Plan amendment. If both are approved, before anything else can happen and before
this property would be eligible for an application for the Special Use Permit, Carrboro would also have to
approve the Joint Planning Area Land Use Plan Amendment.
Commissioner Jacobs asked about the two-percent difference in the water supply that would
result from the quarry expansion. He asked if OWASA was in agreement with this number.
Peter Gordon said that the two percent was very much a point of dispute. He said that the
size of the current quarry would allow about 600 million to a billion gallons of storage for water. The
expansion would allow three billion gallons of storage for water. He said that the difference between one
billion and three billion gallons is a difference of 20%. He said that it is unknown haw much of the three
billion gallons could be achieved mining an the current site. However, it is clear that in order to dig out
enough stone on the current site to achieve close to the three billion gallons of storage would require the
mining to go on almost as long as it would under the rezoning. He said that OWASA thinks that the twa-
percent claim is without foundation. He told about the professionals that have studied the amount of
water supply for the quarry expansion.
Commissioner Gordon made reference to the Rural Industrial Activity Node and said that it
would be helpful if the public uses were separated from high-intensity private uses. Geoffrey Gledhill
said that he did not know what the Planning Director had in mind for this.
Commissioner Halkiotis asked how a finite time limit could be placed on excavation
operations. Geoffrey Gledhill said that there was nothing that could make the time limit absolute. He
said that there could be some third party beneficiary in the agreements that would be part of the Special
Use Permit process application that would have the ability to enforce the termination.
Commissioner Brown asked OWASA about the time frame of thirty years and why it was
chosen. Peter Gordon said that the 30 years was a compromise between a number of constraints.
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There was substantial cost to American Stone in moving the road, so the longer the time horizon the
better for them economically. A second factor is that it is uncertain when OWASA would need the water
supply. The 30 years reflected a compromise between OWASA wanting some assurance that the mining
activity would be done in the general time frame where it appears the water storage would be needed,
the mining company's economic interests, and offering the neighbors some termination of the activities.
Bob Epting, general counsel far OWASA, said that before any of the process started, there
was a lease between American Stone and the Durham's whereby the property was leased to mine until
2030. This lease creates a legal right for American Stone to mine until 2030.
Commissioner Gordon asked Elliot Cramer about the safe yield and why he thought it was
only two percent. Elliot Cramer said that Professor Gordon's statements about this were completely
incorrect. He made reference to page 63 and read, "If mining continues at the present quarry at typical
production levels of 650,000 tons per year, it's storage volume that is currently about .9 billion gallons
would be about 1.5 billion gallons at the end of ten years." He said that the .9 billion gallons did not
include the current quarry that OWASA has, which is .2 billion gallons. He said that within a month, the
current capacity could be 1.3 billion gallons. He said that the graph that OWASA produced had
inconsistencies. He said that in ten years at the current quarrying activities the capacity would be 2.5
billion gallons. He said that no one from OWASA has shown any substantial evidence that disproves the
two percent safe yield. He said that OWASA's experts had not made any public statements in a year.
Chair Carey asked Geoffrey Gledhill to clarify the context of the mitigation measures.
Geoffrey Gledhill said that the land use plan decision tonight could not be conditional on
mitigation measures or on anything. However, it is appropriate at some point tonight to let the applicants
know that before the County Commissioners would consider the use of this property that the applicants
would have to address the issues as instructed by the County Commissioners.
Commissioner Halkiatis said that he and Cammissianers Jacobs and Brown visited the quarry
on Tuesday. The most disturbing thing he saw was that not one truck left that facility with a covered
load. He said that some trucks had a covering device but did not use it. He talked with Mr. Paxton
Badham who said that American Stone has supported legislation that loads must be covered but the
legislation has been opposed by the truckers. He asked Geoffrey Gledhill if the County could require that
American Stone put measures in place to require, encourage, ar mandate truckers to cover their loads.
Geoffrey Gledhill said that within the context of the Special Use Permit this could be required.
Commissioner Jacobs said that there are a wide variety of mitigation measures that could be
expanded. He said that the issue is how the mitigation measures are obtained. He said that there were
a lot of places in the County where people make sacrifices far the public good such as schools, widened
roads, airports, etc. He said that this project provides an opportunity, through the mitigation measures, to
return something to the community.
Commissioner Gordon listed several issues she would like resolved before making a decision
on this amendment.
1) An independent analysis of technical arguments that have been made, specifically in
regard to the safe yield.
2) Air quality in the area and the safety.
3) Road safety if the road is moved and NCDOT comments.
4) The two distinct rural industrial nodes and the rural buffer.
5) What does the Special Use Permit include?
Commissioner Gordon feels that there is no reason to rush the decision on this item. She
feels that the County Cammissianers should wait until Carrboro makes a decision. She would also like
for the staff to make a pro and con analysis of this request.
Commissioner Brown said that when the quarry began she was absolutely opposed to it,
especially since it was in the University Lake Watershed. She made reference to the asphalt plant and
said that she was glad that it was gone. She thinks this facility has an enormous impact on the
neighbors. She said that this operation was going to continue whether or not this amendment was
approved. She would like to see the neighbors receive assistance since this business will continue
regardless of the decision made by the County Commissioners. She commended the Planning Director
for working with the Attorney to find something that would only reflect the use of this property, which the
County could dictate. She feels it is very important to have as much water as possible for citizens in the
future. She supports the land use plan amendment because it is the only way the neighbors can get
mitigation.
Commissioner Gordon asked if further discussion could be included in the public hearing in
August on the two distinct rural industrial node types, which would separate public uses from higher
intensity private uses. There was a consensus that this would be added to the advertisement for the
August 28, 2000 Quarterly Public Hearing.
Chair Carey said that this was a tough decision because he knows that there are differing
opinions about the projected safe yield. He said that the important thing is that OWASA will need as
much water as they can get because the population will continue to grow. He would like to approve the
recommendation of the staff sa the Board can attach same strong and important mitigation measures to
the Special Use Permit.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown in favor of
the administration's recommendation to approve JPA-1-00 and CP-1-00 land use plan amendments.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
b. America Online, Inc., Time Warner, Inc., and MediaOne fAT8~T1 Request to Transfer
Control and Ownership Among and Between the Entities
The Board reviewed a report on America Online, Inc., Time Warner, Inc., and MediaOne
{AT&T) Request to Transfer Control and Ownership among and between the entities and to consider a
resolution transferring ownership and control of Time Warner to AOL and MediaOne to AT&T.
County Manager John Link made reference to the memorandum from the County Attorney
dated June 23rd that sited some recent actions in federal court related to the open access issue involving
the merger of America Online, Time Warner, and MediaOne. These court cases have an impact on the
open access element of the resolution that the Board was to consider tonight. There has been, since
that time, negotiation within the Council of Governments, to work on a resolution to include or address
these actions that were brought about by the court action. The staff is asking that this item be delayed
until the Board of County Commissioners' meeting in August or the first meeting in September so that the
Cable TV Citizens Advisory Committee can have some input into the process.
Michael Patrick, Chair of the Cable TV Citizens Advisory Committee, said that there was a
meeting of the negotiating committee of Triangle J Council of Governments with Time Warner on
Monday of this week and Time Warner told the negotiating committee that it was willing to make an offer
on the re-franchising provisions that were consistent with what the City of Raleigh had recently adopted.
This would resolve mast of the major issues on re-franchising. He asked that this item be delayed until
mid August because of new developments in the legislation at the federal level.
Commissioner Jacobs asked if part of the negotiation was going to be to ask Time Warner to
voluntarily agree to open access. Michael Patrick said that Time Warner has agreed to provide open
access, but the committee was asking that it be mandated.
c. Resolution of Commendation -Commission for Women Transportation Crisis
Assistance Program
The Board considered a resolution commending the Commission for Women Transportation
Crisis Assistance Program.
Human Rights and Relations Director Annette Moore made comments and read the resolution
of commendation.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to
approve and authorize the Chair to sign the resolution as stated below:
RESOLUTION
COMMISSION FOR WOMEN
TRANSPORTATION CRISIS ASSISTANCE PROGRAM
Whereas, the Orange County Commission for Women has a long and distinguished history of concern
for and assistance to women and their families; and,
Whereas, the Commission for Women has initiated the Transportation Crisis Assistance Program to help
needy, low-income families purchase affordable transportation; and,
Whereas, according to the Department of Social Services {DSS}, nearly 45% of families participating in
the Temporary Assistance far Needy Families program {TANF} stated that a lack of transportation had
been an obstacle to getting and keeping a job; and,
Whereas, DSS reports that of nearly 200 families enrolled in the Work First Program, more than half do
not own a car of have a vehicle in need of repair; and,
Whereas, the Commission for Women hopes to help 45 families secure safe, reliable transportation
through the Transportation Crisis Assistance Program;
Therefore, the Board of County Commissioners hereby commends the Commission for Women on the
creation of the Transportation Crisis Assistance Program and pledges its support to the Commission for
Women in this effort.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS
a. Certificates of Participation (COPS) for New Oranae County Hiah School
The Board conducted a public hearing on matters related to the financing of a New High
School in the Orange County School District, and considered the items to facilitate the acquisition of
funds needed for the project.
Jahn Link said that at the June 6, 2000 meeting the Commissioners authorized staff to pursue
the financing needed for a new high school for the Orange County school district. The total approved
budget for the project is just under 28 million, with 12.5 million financed by the bonds approved by
Orange County voters in November of 1997. The staff recommended and the Board approved pursuing
Certificates of Participation as the financing mechanism to be pursued for the balance of the project
funding. The Board approved 13.5 million dollars to come through COPS for project construction. This
public hearing tonight is for the Board to consider public comment regarding this financing mechanism.
Finance Director Ken Chavious summarized the information in the agenda. The County
received three very competitive proposals from the three top underwriting firms in the state. He is
recommending that the County contract with BB&T Capital Markets. He said that BB&T had the mast
experience with Certificates of Participation and had the lowest cast estimates of $72,920. BB&T also
worked with the County recently on the April 4~" band sale. The total financing package will include 13.5
million dollars for the project costs plus issuance casts in the range of $108-115,000. The Manager
recommends that the Board first receive public comment and that the Board adopts the attached
resolution retaining BB&T Capital Market as the underwriters, and authorizing staff to proceed with the
formation of the nonprofit corporation.
There was no public comment.
Commissioner Jacobs asked about the board for the nonprofit corporation and Bob Jessup
said that initially there would be three members, and if those three decided to expand, they would do so.
The board would include Ken Chavious and the finance directors for the two school systems.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close
the public hearing and adopt and authorize the Chair to sign the resolution as stated below:
RESOLUTION CONCERNING the PROPOSED
INSTALLMENT FINANCING for the PLANNED
NEW ORANGE COUNTY HIGH SCHOOL
WHEREAS, Orange County has previously approved in principle a plan to finance a portion of the
construction costs for a new high school for the Orange County school district through an installment
financing contract, as authorized under Section 160A-20 of the North Carolina General Statutes; and
WHEREAS, by resolution adopted June 6, 2000, the Board of Commissioners made certain findings of
fact and tentative determinations to proceed with such an installment financing; and
WHEREAS, those findings and determinations were made subject to the Board's further consideration in
light of any public comment received at the public hearing that is required by law prior to such an
installment financing; and
WHEREAS, the Board has now conducted the required public hearing;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North
Carolina, confirms its determination to proceed with an installment financing for the new Orange county
high school project, and confirms the findings of fact contained in the resolution of June 6; and
BE IT FURTHER RESOLVED that BB&T Capital Markets shall be retained as the County's senior
managing underwriter for the installment financing; and
BE IT FURTHER RESOLVED that the Finance Officer, the County's bond counsel, and all other County
officers and employees are authorized and directed to proceed with the formation of the nonprofit
financing corporation necessary for the contemplated plan of financing; and
BE IT FURTHER RESOLVED that the Finance Officer and all other County officers and employees are
authorized and directed to proceed with all such further action as they may consider necessary or
desirable to complete the installment financing contemplated by this resolution.
VOTE: UNANIMOUS
b. FY 2000 Housina Development Grant Application
The Board received comments from the public regarding the development of a FY 2000
Housing Development Grant application and considered a resolution authorizing the submission of the
formal application document on or about July 7, 2000.
Housing and Community Development Director Tara Fikes said that the purpose of this public
hearing was to receive comments on the FY 2000 Housing Development Grant Application. At the last
County Commissioners' meeting a public hearing was held to receive citizen comments regarding
possible projects for this application process prior to developing the application. At that time, the
Executive Director of Habitat for Humanity asked for funding assistance for the development of a planned
subdivision in Efland known as Richmond Hills. An application has been developed for Habitat for
Humanity. Habitat for Humanity is asking for $250,000 to assist in the construction of necessary
infrastructures for the project (water, sewer, or roads). In return, Habitat for Humanity will commit to
constructing 25 homes for low-income families within a 30-month performance period. These homes will
be affordable to families at 50% and below HUD median income.
Commissioner Brown asked why Habitat would commit to 25 houses in 30 months. Susan
Levy, Director of Habitat far Humanity, said that they felt that they could build 25 houses in the 30-month
time period. The full amount of the grant is $250,000 and there is a requirement of 25 houses to receive
the full amount. This grant would allow the houses to be extremely affordable at a cost of $350.00 a
month including taxes and insurance.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the resolution as stated below:
RESOLUTION AUTHORIZING AN APPLICATION FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners, that an
application for FY 2000 Housing Development grant funds from the N. C. Department of Commerce is
hereby authorized. Specifically, funds will be requested for the installation of public infrastructure for the
subdivision known as Richmond Hills being developed by Habitat for Humanity of Orange County, Inc, in
the Efland community. The amount of the request will be $250,000. The application will be submitted on
ar about July 7, 2000.
FURTHER, the Orange County Board of Commissioners authorizes the Chair of the Board to sign the
application document on the County's behalf.
VOTE: UNANIMOUS
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve
those items on the Consent Agenda as stated below:
a. Appointments
The Board made the following appointments:
Adult Care Home Community Advisory Committee
Mary Tyrey for the term ending June 30, 2001.
Historic Preservation Commission
Ed Flowers for the term ending March 31, 2001.
Workforce Development Board -Regional Partnership
Sandy Sanches and Keith A. Norwood for the term ending June 30, 2001 and Dianne Reid for
the term ending June 30, 2003.
b. Minutes
This item was removed and placed at the end of the consent agenda far separate
consideration.
c. Lease Renewal -Probation and Parole at Moody Building
The Board approved a lease for space at 104 Laurel Avenue, Carrbora with the State of North
Carolina for offices for its Intensive Probation and Parole function.
d. Lease and Facilities Agreement Renewal with Friends of Chapel Hill Senior Center for
Space at the Chapel Hill Senior Center
The Board approved a lease renewal for the Friends of Chapel Hill Senior Center for space at
the Galleria.
e. Lease Renewal - ArtsCenter
The Board approved a lease renewal for Senior Center space at the ArtsCenter, Carrboro far
a period of six months.
f. Contract Renewal -People's Channel Cablecasting BOCC Meetings 2000-2401
The Board approved an agreement with the People's Channel to provide cablecasting
services for County Commissioner meetings through June 30, 2001.
g_ Contract Renewal Between UNC Hospitals and Orange County for the Senior Wellness
Program
The Board approved a contract renewal to receive $47,500 from the University of North
Carolina {UNC) Hospitals for their co-sponsorship of the Department on Aging's Senior Wellness
Program.
h. Hyconeechee Regional Library Contract Agreement Renewal
The Board approved a contract renewal between the Hyconeechee Regional Library System
and the counties of Caswell, Orange, and Person.
i. Annual Renewal with UNC Dental School for Dental Director Services for Health
Department
The Board approved an agreement renewal between the Health Department and the UNC
Dental School for the services of a Dental Director.
L
The Board amended the contract between the County of Orange and the North Chatham
Volunteer Fire Department for an increase in the 2000-2001 budget for fire protection services in the
Damascus and Southern Triangle Fire Districts.
k. Special Contract for Legal Service
The Board approved a contract with Michael B. Brough and The Brough Law Firm to
associate with the County Attorney in the handling of counterclaims against Orange County in the cases
captioned Mary Williams v. Blue Cross Blue Shield v. Orange County, et al. And Katherine Cooper-Harris
v, Blue Cross Blue Shield v. Orange County, et al.
I. Contract for Pharmacy Services for the Health Department
The Board approved a contract for $6,200 for one year for approximately 208 hours of on-site
pharmacy services for the County's Health Department.
m. Contract for Oranae County Video Production
This item was removed and placed at the end of the consent agenda for separate
consideration.
n. Contract for Countv Web Site Redesign
This item was removed and placed at the end of the consent agenda for separate
consideration.
o. Agreement with Justice Benefits, Inc.
The Board approved afour-year agreement with Justice Benefits, Inc.
,~ Property Value Chances
The Board approved value changes made in property values of a decrease of $103,537 in
accordance with the resolution that is incorporated herein by reference.
q_ Motor Vehicle Property Tax Refunds
The Board approved eight requests for property tax refunds amounting to $849.59 in
accardance with the resolution that is incorporated herein by reference.
r. Approval of Contract for Acceptance of Credit Card/Check Debit Card for Payment of
Ad Valorem Tax
This item was removed and placed at the end of the consent agenda for separate
consideration.
s. Moratorium on Development Applications in EDD Area Intersections of I-85/NC86 and I-
40iOld NC86
The Board approved a resolution that is incorporated herein by reference adopting an
ordinance of moratorium on development applications in the EDD area for intersections of I-85/NC86 and
I-40/Old NC 86.
t. Impact Fee Reimbursement - EmPOWERment. Inc.
The Board approved the impact fee reimbursement request from EmPOWERment, Inc. for
$3,000 for a new home constructed in Carrboro.
u. HOME Program -Property Acquisition
This item was removed and placed at the end of the consent agenda for separate
consideration.
v. Authorization to Contract for Professional Services -Construction Document
Preparation for Health Department Clinic Renovation
The Board authorized the Manager to contract with Corley Redfoot Zack to finalize
preliminary drawings for Health Department Clinic Renovations, prepare documents suitable for bidding,
and provide construction administration.
w. RFP Award of Professional Services for Design of the Whitted and Northern HVAC
Systems and the Electrical System Renovation at Court Street
This item was removed and placed at the end of the consent agenda far separate
consideration.
x. Lease Approval - 501 W. Franklin Street, Suite 105
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The Board approved a lease far Suite 105 at 501 West Franklin Street, Chapel Hill, NC to
Brokerage Resource, Inc. for $1,100.00 per month and taxes-in-lieu of $100 per month.
~ Bid Award -Leachate Collection Piping
The Board awarded a bid far Leachate Collection Piping for $26,241.33.
z. Bid Award -Orange County Landfill Phase 4 Construction Geosynthetics
The Board awarded a bid far Phase 4 Construction - Geosynthetics at the Orange County
Landfill to Clary Hood, Inc. of Kissimmee, Florida in the amount of $346,000 and authorized the
Purchasing Director to execute the necessary paperwork, and authorized the County Manager to
execute change orders as may be necessary during the course of the installation, to the extent project
funds are available for this work.
Other bids received are listed below:
Reynolds - $432,500
Clary Hood - $346,000
Plastic Fusion - $450,479
Serrot International, Inc. - $457,906.60
aa. Budaet Amendment #13
The Board approved budget ordinance amendments, grant project ordinance, and a capital
project ordinance for fiscal year 1999-2000.
bb. Adoption of 2000-2001 Grant and Capital Project Ordinances
The Board approved grant project ordinances and selected capital project ordinances in
accordance with the actions taken by the Board of Commissioners at the June 20, 2000 budget work
session.
cc. Chance in Board of Commissioners' Meetina Schedule
The Board approved a change in the Board of Commissioners' meeting schedule to change
the joint meeting with the two school boards from September 21, 2000 to September 25, 2000.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
b. Minutes
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the highlighted draft of the minutes for March 21St and the minutes for March 23rd with the
changes as shown on the green sheet.
VOTE: UNANIMOUS
m. Contract for Orange County Video Production
The Board considered approving a contract with Horizon Video Productions, Inc. to produce a
10-12 minute video about Orange County's departments and services to be presented at new employee
and board and commission orientation sessions. to citizens on cable access television. and to
community, civic, and educational groups
Commissioner Brown said that her interest in this was that the Commissioners have not had
any opportunity to discuss it and what it would be like. She would either like to hold this item and the
next item to have a presentation on it, or to put some very specific language in the contract specifying
when the Commissioners would be part of the review process.
Commissioner Jacobs said that there were three separate communication efforts going on - a
message to the people, an update of the web site, and this video. He does not see that these three are
in any way coordinated and he would like to see it be a coherent message.
Commissioner Gordon said that there could be some language added to say that the video,
the web site, and the message to the people would articulate a common and coherent theme and
message. Also, the Board of Commissioners would approve the effort at key intervals to be identified by
the Commissioners. This common theme is specified in the Strategic Communications Plan.
Commissioner Brown suggested having a presentation on bath of the project concepts -the
web site design and the video - by the proposed companies so that the Commissioners could see what
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the two companies have done before. This should be provided between now and the August 15t"
meeting.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to table
item `m', the Contract for Orange County Video Production, and item `n', Contract far County Web Site
Redesign until August 15tH
VOTE: UNANIMOUS
Jahn Link said that the tabling of these two issues would involve renegotiating with the two
vendors to make sure that the engagement of the Board of Commissioners and the common theme is
incorporated into the contracts. He said that the process far the Message to the People was not going to
begin until after the summer break.
Commissioner Halkiotis has some ideas about consolidation with the other agencies that the
County contributes to.
Commissioner Brown would like to coordinate with Chapel Hill, Carrbaro, and Hillsborough so
that anyone who came to the Orange County web site would have the resources to access the web sites
of the municipalities.
Commissioner Brown will work with Commissioner Halkiotis and the Manager on this.
n. Contract for County Web Site Redesign
The Board considered a contract with the Information Technology Services (ITS) section of
the North Carolina Department of Commerce for Orange County web site redesign to improve the
effectiveness and usability of the web site.
See above discussion.
r. Approval of Contract for Acceptance of Credit CardlCheck Debit Card for Payment of
Ad Valorem Tax
The Board considered approval of a contract with Official Payments Corporation for the
acceptance of telephone and Internet payments of Ad Valorem Taxes utilizing credit/check-debit cards.
Commissioner Jacobs asked if there would be something on the County web site that
indicates the cost of this service.
Jo Roberson, Revenue Director/Tax Collector, said that the web site would indicate the cost
of this service and would give the option at any time for the person to back out of the transaction. She
said that Wake County has used this service successfully.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve a contract with Official Payments Corporation for the acceptance of telephone and Internet
payments of Ad Valorem Taxes utilizing credit/check-debit cards.
VOTE: UNANIMOUS
u. HOME Program -Property Acquisition
The Board considered the execution of a Development Agreement with EmPOWERment, Inc.
on behalf of the Orange County HOME Consortium for the acquisition of rental property in Chapel Hill.
Commissioner Jacobs clarified that water and energy efficient appliances would be used (low
flow toilets and shower heads} and that green building measures were incorporated into the
rehabilitation.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the execution of a development agreement with EmPOWERment, Inc. on behalf of the Orange
County HOME Consortium for the acquisition of rental property in Chapel Hill with the stipulations as
noted above.
VOTE: UNANIMOUS
w. RFP Award of Professional Services for Design of the Whitted and Northern HVAC
Systems and the Electrical System Renovation at Court Street
The Board considered a proposal and a contract with Robson and Woese, Inc. for:
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1) Feasibility study to determine the most economically efficient HVAC system,
with strong focus on the life cycle cost to be designed far the Whiffed Human
Services Center and the Northern Human Services Center; and
2) Ta design the resulting systems for the two facilities, produce specifications
and drawings to support the bid process, and to provide construction
administration services throughout the project; and
3) To design, produce specifications and drawings for the bidding procedure and
to provide construction administration for upgrades to the electrical services in
the Court Street Annex.
Commissioner Jacobs made reference to point #1, "Feasibility study to determine the most
economically efficient HVAC system," and added, "most economically and environmentally efficient
HVAC system."
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve
a proposal and a contract with Robson and Woese for the three items as listed above with the additional
language and authorized the Chair to sign.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Authorization to Purchase Property and Pursue Financina renovation Efforts at 228
South Churton Street
The Board considered the purchase of property at 228 S. Churton Street in Hillsborough for
use as offices for the Department of Purchasing and Central Services.
Director of Purchasing Pam Jones summarized the information in the agenda abstract. She
said that the counter offers that were received from the owners of the property were within the
acceptable terms - $56,000 for the south end of the property and $240,000 for the north end of the
property plus the additional lot behind it. This is a total of $296,000 for the building and the lot. The staff
will be seeking third party financing for the full $296,000 for 59 months, which will be $65,000 per year
and $19,000 is offset by the rent that is currently paid so the new money would be around $46,000. She
said that they intend to pursue an environmentally sensitive renovation on this project.
Commissioner Gordon asked that a limit be set on the contracts for professional services and
the bids for the renovation. Pam Jones said that the estimate for the roof work was between $45-50,000.
She said that she would not know this amount until the bids came in. The architectural work would be
10-12% of whatever the budget of the project is going to be.
John Link suggested a limit of $75,Q00 between now and August 15, 2000.
The Board agreed to add #6 to the actions that the amount disbursed between now and
August 15,2000 would not exceed $100,000.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve the following actions:
1) Authorize the purchase of 228 S. Churton Street, Hillsborough for use as offices far the
Department of Purchasing and Central Services; and
2) Authorize Manager to contract for professional services as may be necessary to carry out
the retrofit of the space; and
3) Authorize the Purchasing Director to award bids for renovation work that would be above
her approval limit but are necessary to commence between July 1, 2000 and August 15,
2000; and to report same to the Board of Commissioners; and
4} Approve a Reimbursement Resolution; and
5) Approve the capital project ordinance to support such action.
6) The amount disbursed by the Manager and the Purchasing Director between now and
August 15, 2000 for this project will not exceed $100,000.
VOTE: Ayes, 4; No, 1 (Commissioner Halkiotis)
b. EmPOWERment, Inc. Reauest for Funds for Acauisition of Eleven Homes
The Board considered a request for funds from EmPOWERment, Inc. for the acquisition of
eleven homes in Carrboro for the purpose of repairing and reselling these homes to low income families.
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John Link said that the Board asked that the staff give an analysis of this request which is
included in the agenda abstract. EmPOWERment, Inc. would like for the Board to consider a final
funding commitment to this project on August 15tH
Housing and Community Development Director Tara Fikes made reference to a tax map with
the 13 lots outlined in red. EmPOWERment, Inc. anticipates selling two of the homes on the open
market and the other 11 to first-time homebuyers who have incomes of 80°~ or less of the median
income. EmPOWERment, Inc. has proposed two scenarios: 1} a request for $247,500 for property
acquisition that will facilitate a closing by October 1, 2000; and 2) a request for installment payments that
would total $292,062 that would pay the non-profit far holding this project for approximately six months.
She listed the observations by the staff of this request. The project complies with the Commissioners'
long-term housing affordability policy by requiring a 99-year affordability period. The project will benefit
families at or below 80% of median income. The project also uses existing housing to provide additional
home ownership opportunities. There have not been any appraisals or title searches conducted of the
properties. All of the properties are rented and occupied at this time. The staff does not support
scenario two because the cost would be higher. If housing bond money is used, there are some issues
involving fairness since the other bond projects have been put on hold.
Mark Chilton, Associate Director of EmPOWERment, Inc. had signed up to speak on this
item. He spoke in support of the acquisition of the 13 homes. He said that it was a unique opportunity to
purchase 13 homes from one buyer. He apologized that the request has come up so suddenly and that
there is a tight timeline. He pointed out that the appraisal, title search, and survey had not been done
because it would cost them about $10,000 to do all of these things. He said that they could not spend
that much on a project without being sure that the County was seriously interested in funding it.
Commissioner Gordon asked if EmPOWERment, Inc. had asked anyone else for money
such as the Town of Carrboro. It was answered that EmPOWERment, Inc. had asked Carrboro and the
response was that this was not a good time to ask Carrboro for money.
Commissioner Gordon asked if EmPOWERment, Inc. could ask BB&T to finance the
entire amount. Mark Chilton said that they could get a significant amount of participation from private
lenders. He said that, ultimately, the sales price after rehabilitation would work out to something that was
out of the range of affordability. He said that without the County's participation in this project, it could not
be affordable to potential homeowners.
Chair Carey asked if EmPOWERment, Inc. had discussed the Community Reinvestment
Act responsibility that banks have related to this project. Myles Presler, Director of EmPOWERment, Inc.
said that subsidy from a source was essential because this was the way that the other money was
leveraged. A bank only lends 80°~ of the money that is needed far a project. He said that if the County
was at all interested in this project, EmPOWERment, Inc. would like to work with at least one
representative of the Commission along with County staff, EmPOWERment, Inc. staff, and the tenants.
Commissioner Halkiotis said that he was supportive of this type of rehabilitation proposal
because there were no significant infrastructure upgrades.
Commissioner Jacobs said that he was supportive of this project in principal. He is
concerned about the fairness issue because the Commissioners have already told the affordable housing
agencies that they need to wait until the Board decides on the affordable housing criteria related to the
bond money before asking the County for money. His concerns have to do with incorporating some of
this property into the land trust and maintaining same of the units in the rental housing pool permanently.
He could feel somewhat comfortable if there was an understanding that once the Board gets their "ducks
in a row" that Orange Community Housing should move to the head of the line because
EmPOWERment, Inc. has had two projects and Habitat for Humanity has had one project ahead of it.
He would agree to this project in principle, understanding that the fairness issue has to be addressed.
Myles Presler said that the County would not have to give the entire $247,500. If a
smaller amount was given by the County, then EmPOWERment, Inc. would just give a smaller subsidy to
the buyers.
Commissioner Gordon said that she had a problem with fairness since EmPOWERment,
Inc. has already received funding far a project while the other agencies were waiting.
14
Chair Carey verified that the Board was not being asked to fund the project tonight but
was being asked for a level of interest on the part of the County Commissioners in funding a project of
this kind.
Commissioner Jacobs would like to see mare of an effort on EmPOWERment, Inc.'s part
to talk to BB&T and Carrboro.
Chair Carey would like to see a formal approach to Carrboro.
Mark Chilton said that he had a good conversation with Robert Dowling about the fairness
issue. He said that there might be some opportunities for same of the other affordable housing agencies
in the County to participate in this project. He said that he would make a formal request of Carrboro. He
will bring back some different County funding scenarios and will also talk some mare with BB&T.
Commissioner Halkiotis noted that of all the proposals brought before the County
Commissioners he does not ever remember the rent being this law ($465/month}. He does not ever
remember this many homes that could be added to the affordable housing market at one time. He said
that if the Board was getting hung upon fairness, then they are going to be missing out on this
opportunity and others in the future.
Commissioner Brown supports taking existing housing and trying to keep it affordable.
She would like to see how this project could work. She is concerned that the houses that would remain
as rentals would not have the current low rent of $465/month.
Chair Carey asked that the County Commissioners write their questions down and give
them to the Manager to share with EmPOWERment, Inc. over the next few days. The Board will wait to
hear from EmPOWERment, Inc. between now and August 15t"
There was afive-minute break at this point.
c. Proposed Quarterly Public Hearing Legal Advertisement -August 28, 2000
Planner Robert Davis summarized the items for the quarterly public hearing scheduled for
August 28, 2000. These are listed in the agenda abstract that is incorporated herein by reference. He
answered several questions from the County Commissioners.
Commissioner Jacobs asked that the item far the Upper Ena be removed and that the staff is
requested to bring back on August 15t" a plan for the public outreach effort for Board input and approval.
Planner Gene Bell said that when the Planning Board meets on July 12t" for a long range planning
meeting, they will convene at 5:30 to discuss the Upper Ena area and will invite anyone who is interested
to attend this meeting.
Commissioner Halkiatis feels that the item on the Upper Eno needs to have a tremendous
educational process.
The Board agreed to remove this item from the public hearing and to ask the staff to bring
back a more defined public outreach plan on August 15t"
Commissioner Brown feels that meetings need to be held in the community where citizens
live. She and Commissioner Jacobs will work with the Planning staff to coordinate this effort.
Commissioner Gordon made reference to the Upper Eno Watershed Density Amendments
and suggested that the Planning Department look at the outreach program that former Planner Mary
Willis initiated a few years ago.
Commissioner Gordon said that it would be important to circulate the legal notice among the
County Commissioners and be sure that the Chair signs off on it, especially item 'C', Amendment to the
Orange County Educational Facilities Impact Fee Ordinance.
Commissioner Brown made reference to Shaping Orange County's Future and the provisional
report and asked how this fit into the process. She assumed it was the final report that would be heard.
Environmental Resource Conservation Director David Stancil said that the provisional report was the
report that the task force presented last month. The word 'provisional' is used because the last step in
the process is a final report after the public hearings and the Assembly of Governments meeting.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the items for the August 28, 2000 Quarterly Public Hearing with the removal of the first item,
Upper Eno Watershed Density Amendments. The staff will bring back an outreach action plan on August
1~
15th and will circulate the notice an item 'C', Amendment to the Orange County Educational Facilities
Impact Fee Ordinance.
VOTE: UNANIMOUS
d. Amendments to Orange County Private Road Standards
The Board was to decide an proposed amendments to the Orange County Subdivision
Regulations regarding private roads, but it was postponed to a future meeting.
e. Bricewood Acres Subdivision -Preliminary Plan
The Bricewood Acres Subdivision is located off the south side of Governor Scott Road east of
Mill Creek Raad in Cedar Grove Township. The subdivision follows the conventional plan. A
conservation easement is proposed on the area designated as Stream Buffer. Fifteen (15) single-family
lots are proposed on 27.04 acres. The average lot size will be 1.63 acres.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the preliminary plan far Bricewood Acres Subdivision in accordance with the Resolution of
Approval that is incorporated herein by reference.
VOTE: UNANIMOUS
f. Richmond Hills -Sewer System Design and Preliminary Subdivision Approval
The Board considered the type of sewer system that was most appropriate for the proposed
Richmond Hills subdivision and considered the Richmond Hills Conservation-Cluster Flexible
Development Preliminary Plan.
Planner Robert Davis said that two decisions needed to be made -the sewer system design
for the Efland-Cheeks sewer area and the approval of the preliminary subdivision.
In regards to the sewer system, there are two designs being presented. The first is a
recommendation from the developer for a single pump station to allow all of the lots to drain to gravity to
one central location. The other option is a step system, which the administration is recommending. This
has individual on-site septic systems. The administration feels that there would be less of a public
impact with the step system in the long run.
In regards to the subdivision, Richmond Hills is located on Richmond Raad in the Efland-
Cheeks area. It is a 43-lot single-family subdivision that is following the conservation cluster option,
which would allow lots to be down to 14,000 square feet. Water will be provided through the Orange-
Alamance system. The sewer would be through Orange County, pumping back to Hillsborough. A letter
from Hillsborough would be needed, indicating that Hillsborough has the capacity to serve the
subdivision. The administration recommends that the Board approve Richmond Hills Subdivision
Preliminary Plan with the Board of County Commissioners' selected sewer system operation and the
conditions contained in the attached administration resolution of approval.
William Crowther, representing the Eno River Association, said that any sewer system should
be carefully planned to protect McGowan Creek and the tributaries to the Eno River. He spoke in
support of Habitat for Humanity.
Susan Levy spoke in support of this project. She said that when Habitat started this project
they had planned for a pump station to serve this project. She said that if a step system was required, it
would drastically increase the cost of this housing. She made reference to the letter that she sent to the
Commissioners opposing the step system. She said that these homeowners could not afford the repairs
to such a system.
Scott Radway, engineer for the project, made reference to page 11, item F6 and the 100-foot
wide easement with a 50-foot wide trail and said that he thought they had talked about a 5-10-foot wide
trail. He said that this was probably a typographical error. He made reference to the sewer system and
said that Habitat for Humanity preferred to have a gravity sewer system. He said that he had proposed
an entirely gravity served system to a pump station that would be the same as the pump station unit that
is in the Efland system. The pump station would be pumping for a distance of 400 feet maximum to the
gravity line where there is a connection to the school property. He does not think the step sewer system
is the right choice. He asked that the Board give Habitat for Humanity some flexibility to work with the
state Department of Environmental Health and Natural Resources. He said that the step system would
16
not be a County system in any fashion. He requested that if the Board did not approve the request far a
pumping station, that the step system be approved to meet the standards as applied by the Division of
Water Quality, and as reviewed and approved by the County Engineer, and not lock them into the
detailed design in the recommendation.
The Board agreed to extend the meeting to finish this item and then decide about the other
items.
Commissioner Jacobs said that he drove out to the subdivision and he asked why Gregg
Street and Midvale Drive were not lined up because he feels there will be a traffic hazard. Scott Radway
said that NCDOT looked at the roads and he pointed out the roads on a map. He said that it was
NCDOT's suggestion to put the roads as they were.
Commissioner Jacobs said that he would like to get more information an the two different
options and have Habitat for Humanity sit down with the staff and work out the disagreement. He does
not understand all of the ramifications in terms of County policy to putting in a pump station. He tends to
support the administration recommendation, but he would like to work it out as opposed to just picking
one since there is this much disagreement.
County Engineer Paul Thames said that the staff evaluated this on two issues -the overall
liability (financial, legal, etc.} for taking on a new pump station and whatever is done with this subdivision
in terms of accepting or not accepting the pump station has implications in terms of precedence with
future developments and future pump stations. He said that a number of pump stations would be
required to develop out the Efland area. He said that there was no way that this area could drain by
gravity. The reason that the staff recommended a pump station was that they realized that they were
shifting the liability onto the homeowners. He said that if this were not Habitat for Humanity, it would not
be an issue. He said that there was no question that the step system puts a burden on Habitat for
Humanity.
Commissioner Brown asked if there were any other problems with the step system other than
the money issue. Susan Levy said that the step system would change the entire construction process.
Commissioner Brown asked about the trees and if many would be protected in the
subdivision. Scott Radway said that there would be no visual impact along the entrance road and that
every lot would have trees in the front if there were not septic tanks.
Commissioner Brown said that she remembered the staff taking issue with the passibility of
the pump station failing, which is not uncommon.
John Link said that the staff would be comfortable with pursuing the pump station,
acknowledging that the County would have to gear up to address any failures, which it has not until this
point. The Board will also have to make a specific policy about pump stations. He said that the staff
would also be comfortable with approving the step system to meet the standards as applied by the
Division of Water Quality, and as reviewed and approved by the County Engineer, and not lock Habitat
into a detailed design.
Paul Thames said that the Board could adapt a policy disallowing any pump station with the
exception of the existing pump stations.
The Board agreed to refer this matter to the staff to make a recommendation on a new policy
regarding the sewer system in the Efland area for future subdivisions.
10. REPORTS -NONE
11. APPOINTMENTS -NONE
12. MINUTES- NONE
13. CLOSED SESSION -NONE
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14. ADJOURNMENT
With no further items for the Board of County Commissioners to consider, Commissioner Halkiatis
made a motion, seconded by Commissioner Gordan to adjourn the meeting. The next meeting an the
regular meeting calendar will be held on August 15, 2000 at 7:30 p.m. in the meeting room of the
Southern Human Services Center in Chapel Hill, North Carolina.
Beverly A. Blythe, Clerk
Moses Carey, Jr., Chair
1~