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HomeMy WebLinkAboutMinutes - 08-15-2000APPROVED 4/17/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting August 15, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, August 15, 2000 at 7:30 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. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board agreed to address items 9d and 9e before item 9a under items for decision. These minutes will list the items in the order they appear an the agenda. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Aaenda (These matters were considered as the Board addressed the items on the agenda below.) b. Matters not on the Printed Aaenda Scott Pasley spoke about a subdivision he has submitted for seven lots, which was denied on July 20tH. He was informed by the Planning Department that this land was in the watershed and was told to rework his private road justification and again was denied on August 1 ptn He was also informed that in order to be consistent, twice the minimum lot size would need to be met. He was also informed that the Planning Director, County Manager, and County Attorney were meeting to discuss a policy regarding the handling of current proposals and that the new private road standards to be placed before the Board of Commissioners could be enforced on these existing proposals. He said that the reason he submitted his proposal an July 2Qtn was so that he could be on the agenda for tonight's meeting. He feels that he has submitted a plan that meets the subdivision regulations. He understands that this amendment will come before the County Commissioners and that it will change the standards dramatically. He asked that his request be heard based on the existing minor subdivision standards. He believes that the language allows far the Commission to interpret his request. He only wants to build a home for his family and his partner and sell two lots. He purchased the land based on the information he was given from the Planning Department that he would be compliant with the existing standards. James Stewart thanked John Link and the County Commissioners for working with the Fairview area in helping with their baseball activities by providing a place to play ball and providing transportation. Commissioner Jacobs asked that the County Commissioners look at how the County could help ensure that activities can continue far next year at Fairview. Commissioner Halkiotis thanked Mr. Stewart for his interest in baseball far the children in the Fairview area. Chair Carey read the names of citizens who signed up to speak about McGowen Creek. He asked that the speakers choose only three people to speak on this matter since it would be on the agenda in the near future. Christine Efland said that she feels that the citizens should be allowed to speak. They were promised that this item would be on the agenda and it is not. Chair Carey said that the agenda was not set by the staff and no one could promise her when a matter would be on the agenda. He asked that the presentation be confined to less than three minutes because the matter would be on the agenda at a later time. Christine Efland said that a group of four couples purchased an eight-acre piece of property in October of 1999. Two of those people, which are senior citizens, went to the Planning Department and tried to subdivide the piece of property. She said that these two people spent from October until April of this year getting the run around. She and her husband Michael took it over in April and proceeded with the County based on recommendations. She said that the rules kept changing. She is opposed to a walking trail along McGowen Creek, which is part of the joint comprehensive plan for rural recreation. She stressed that the residents do not want a walking trail and asked that they be allowed to pay the payment in lieu instead of dedicate the property for a walking trail. She said that the trail was not needed in this part of the County. The process has taken a year and they still do not have an approved plan. Michael Efland feels that they are just dividing property and not doing a subdivision. He does not feel it should take a year to get something resolved. He said that the intentions for the property meet the current zoning. Mark Efland, a landowner on McGowen Creek, said that there was property adjacent to his that will probably change hands and they will run into the same problems as Christine and Michael Efland. He is opposed to the walking trail. There were fifteen people in the audience from Efland in opposition of the walking trail. PUBLIC CHARGE Chair Carey read the public charge. 3. BOARD COMMENTS Commissioner Halkiotis asked that the County Manager give the County Commissioners a brief report on the McGowen Creek issue identified by the Efland group of citizens. He would like to know the history of this issue. Chair Carey said that he spoke with Ms. Efland one and one half weeks ago and told her that this item would not be on the agenda. Commissioner Halkiotis said that he and Commissioner Jacobs have been meeting with two members of the Hillsborough Town Board and staff from the County and City on I-40 and NC86. They have worked hard and hope the Board will appreciate their efforts. The Board will be receiving a report soon. Also, he and Commissioner Brown have been meeting with the Northern Recreation Center in setting up a computer lab at that building. Commissioner Brown wants to be sure that other Boards in Orange and Durham Counties were aware of the NRC's decision about the environmental concerns with the CP&L issues. She hopes that someone could write a letter to the Durham County officials sa that they are kept up to date. Chapel Hill and Carrboro would also be included. Commissioner Brown mentioned the Affordable Housing task force and said that she and Commissioner Jacobs have had two meetings with the task force this summer. She and Commissioner Halkiotis will have something for the County Commissioners on the video and the web site redesign. She asked for a tape recording of the Planning Board discussion on the McGowen Creek/Efland issue that took place at the Planning Board meeting. Commissioner Jacobs noted that good progress has been made in the meetings on the I- 40INC86 issue. He said that a group led by Mayor Johnson and Commissioner Chavious met and toured Flynt Fabrics. The group hopes to come back in September with a plan for the use of that building. Commissioner Jacobs made reference to a press release reporting that the County found another grant for $262,000 far the Little River Park to put in a parking area, picnic shelter, bathrooms, playground, and hiking trails. He commended the staff and County Commissioners on this project. Chair Carey made reference to the notice to the Board members about starting the time of the August 30t" meeting with a Closed Session at 6:00 p.m. He asked the Board's pleasure on this. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the change in the time for the August 30t" meeting to 6:00 p.m. to hold a Closed Session. The location will be changed to the Southern Human Services Center because Commissioner Jacobs and Brown have an affordable housing task force meeting at 4:30 in the same building. VOTE: UNANIMOUS 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Proclamation of September, 2000 as United Way Month The Board considered proclaiming September as United Way Month. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION OF SEPTEMBER 2000 AS UNITED WAY MONTH WHEREAS it is the mission of the Triangle United Way to "increase the organized capacity of people to care for one another"; and WHEREAS, United Way funds health and human service programs in 28 Orange County organizations; and WHEREAS, Orange County residents raised more than $1.2 million during the 1999 United Way Campaign to meet the needs of their neighbors; and WHEREAS, community support of the United Way really is the best way to do the most good in the lives of those in Orange County who really need help; and WHEREAS, it is evident that Orange County is a caring community, much like a family; NOW, THEREFORE, we the Orange County Board of Commissioners proclaim September to be United Way month in Orange County and urge citizens to join in and actively participate in the United Way campaign and all of its activities to continue making a difference in the lives of Orange County citizens. VOTE: UNANIMOUS b. Tax Collector's Annual Statement The Board received the Tax Collector's annual statement on current and delinquent taxes and considered the approval thereof. Tax Collector Jo Roberson summarized the information in the agenda. She said that the overall collection percent for the County; including the cities, fire districts, and school districts was at 98.47°~. The three sections include real property, personal property, and registered motor vehicles. The collection staff has concentrated on increasing the real property tax collections, and continues to consistently collect over 99°~. Far 1998-99, the levy was set at approximately 92.4 million dollars. For 1999-2000, the levy assigned to the tax collector was approximately 99.9 million dollars. This equates to an additional 7.5 million dollars. The collection staff was successful by June 30t" of collecting an additional 5.9 million dollars. This also involved an additional 2,835 registered motor vehicles for 1999. They finished with 82,282 vehicles in Orange County. A motion was made by Commissioner Jacobs seconded by Commissioner Gordon to approve and authorize the Chair to sign the Tax Collector's Annual Statement incorporated herein in these minutes by reference. VOTE: UNANIMOUS c. Community Health Center Week The Board considered proclaiming the week of August 20-26 as Community Health Center Week. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY COMMUNITY HEALTH CENTER WEEK AUGUST 20-26, 2000 WHEREAS, There is a significant number of residents and citizens in Orange County who are currently medically underserved for a number of reasons, the most prominent of which include geographical isolation, financial and/or language barriers, and an insufficient number of health providers willing to serve them without regard to ability to pay; and, WHEREAS, The Piedmont Health Services, Inc. is a private, nonprofit corporation that provide high quality comprehensive health care to medically underserved people in Orange and other counties; and, WHEREAS, The Carrboro Health Center and Piedmont Women's Health Center serve many Orange County residents and have made great strides in the Orange County health care system specifically by maintaining a high standard of accountability, demonstrating cast effectiveness, empowering our community to develop programs to its specific needs, enhancing opportunities for children and families, and providing health care services in accessible low-cost culturally sensitive environments; and, WHEREAS, The Carrboro Health Center and the Piedmont Women's Health Center have also made a significant difference in the health care system by improving access to quality care provided by trained professionals for the underserved by promoting individual responsibility and health awareness in the community, and offering primary preventive care of the highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; and, WHEREAS, Community Health Centers such as the Carrboro Health Center and the Piedmont Women's Health Center promote 100% access and zero health disparities to help achieve primary health care for everyone and end disparities; NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS do hereby proclaim the week of August 20 through 26, 2000 as "COMMUNITY HEALTH CENTER WEEK" and urge our citizens to recognize the important contributions of the Carrboro Health Center and the Piedmont Women's Health Center to the improvement of the general quality of life of the residents of Orange County. VOTE: UNANIMOUS d. U.S. Conservation and Reinvestment Act tCARA) The Board considered a resolution asking North Carolina's two senators to support the Conservation and Reinvestment Act currently under consideration in the U.S. Senate. Commissioner Jacobs said that he asked to put this item on the agenda because Orange County has learned to appreciate the benefits of having funding available to it and other organizations in North Carolina to do same of the creative protection of natural resources. There is legislation that has already passed the House of Representatives that is now in the U. S. Senate and neither one of our Senators has declared support far it. He thought it would be a worthwhile position for the Board to request that the U. S. Senators support this. There is money that is already coming to the United States government from off-shore oil leasing rights that has not been appropriated for the purposes that it was intended to meet. He said that this was an opportunity to free that money and to start transmitting it to the states for use in the manner that Orange County has been using some of those kinds of monies. A motion was made by Commissioner Jacobs seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below. Also, a letter will be sent to Senators Edwards and Helms asking for their support of this. Resolution WHEREAS, the United States Senate is currently considering the Conservation and Reinvestment Act {CARA}, which would provide $3 billion dollars each year to land conservation programs, especially state and local governments for land conservation, and WHEREAS, the U.S. House of Representatives passed CARA on May 11 by a vote of 315-102, with strong bipartisan support, and the bill has also been forwarded by the Senate Energy and Natural Resources Committee to the floor of the full Senate, and WHEREAS, the State Parks system, the Orange County Lands Legacy program and area land trusts could benefit greatly by the passage of this act and the investment in our nation's green infrastructure and critical open spaces {over $47 million of which could be sent annually to North Carolina}; and WHEREAS, CARA would provide a dedicated source of funding for the Land and Water Conservation Fund to the tune of $900 million per year, a fund that has recently been recommended to award a $262,000 grant for the Little River Regional Park and Natural Area, and WHEREAS, private property rights and the flexibility of local government to maintain its tax base are not compromised by providing the option to pursue enhanced protection of natural resources and development of recreational opportunities for citizens through purchase of environmentally significant properties, and WHEREAS, conservation leaders in North Carolina have urged local governments to ask North Carolina's senators to support CARA. NOW, THEREFORE, BE IT RESOLVED that the Orange County Commissioners call upon Senators Edwards and Helms to support the Conservation and Reinvestment Act, and that a letter to this end be dispatched from the Chair to both senators. VOTE: UNANIMOUS e. Orange County Cooperation with Durham CitylCounty The Board considered a resolution in support of cooperative planning efforts with Durham CountylCity. Commissioner Brown suggested sending a letter to Durham with the resolution and asking for a response. County Attorney Geoffrey Gledhill will do this letter. Commissioner Gordon questioned if Orange County has formally asked to work with Durham County on their 2020 Comprehensive Plan. Geoffrey Gledhill said that he understood that the plan was already adopted. Commissioner Halkiatis made reference to the annexation issues and asked that this resolution also be sent to our state association and state legislators to thank them for what was accomplished in the legislature this session. He said that the County should receive a report in the next ten days on what was accomplished in the legislature. Planning Director Craig Benedict said that there were some recommendations within Durham's existing plan that suggested the need to discuss the urban growth boundaries with Orange County. There are goals for Durham to start the dialogue with Orange County. Commissioner Gordon suggested putting in the letter the County's intent to participate in Durham's 2020 Comprehensive Plan. The County Manager, County Attorney, and Planning Director will craft this letter. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to adopt and authorize the Chair to sign the resolution as stated below and send materials as mentioned by Commissioner Halkiotis with a cover letter indicating the County's interest in working with Durham on the Comprehensive Plan, especially the urban growth areas. A RESOLUTION REQUESTING CITY-COUNTY COLLABORATION ON ANY PROPOSED ANNEXATIONS BY THE CITY OF DURHAM INTO THE COUNTY OF ORANGE WHEREAS, the Durham 2020 Comprehensive Plan includes a portion of Orange County in its designated Urban Growth Area; and, WHEREAS, according to the Durham 2020 Comprehensive Plan, Urban Growth Areas "will likely see the extension of urban services and annexation into the Durham city limits," and, WHEREAS, this area encompasses portions of the I-85/US Highway 70 Economic Development District as defined in the Orange County Comprehensive Plan, Land Use Atlas and Orange County Zoning Ordinance; and, WHEREAS, the Durham 2020 Comprehensive Plan states that, "Additional study of the Durham Urban Growth Area boundary in Orange County is needed;" and, WHEREAS, local governments in Orange County and Durham County have demonstrated their willingness to proactively pursue common goals as illustrated by the creation of the Little River Regional Park and Natural Area and ongoing staff level discussions regarding public water and sewer issues; and, WHEREAS, continued cooperative planning in the areas of transportation, water and sewer policy, land use, and parks is in the best interests of all parties and is a superior way to approach and resolve those questions that impact adjoining counties and cities predominately in one county with boundaries adjacent or nearly adjacent to another county; and, WHEREAS, Orange County and the municipalities within Orange County have entered into and are entering into cooperative planning and public water and sewer planning and boundary agreements which recognize the benefits of planning decisions which encourage Smart Growth and create physical and governmental separation between urban growth, development, and services an rural growth, development, and services; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners requests that consideration of annexation for all, or part, of the above area be preceded by discussions of jurisdictional issues by representatives appointed by the Orange County Board of Commissioners, the Durham City Council and the Durham County Board of Commissioners with the intended result being growth planning and public water and sewer planning, recreational planning, other governmental service planning and boundary and annexation agreements among the three governments. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Orange County's Appointed OWASA Board Members The Board received a report on recent activities by Orange Water and Sewer Authority (OWASA} from Orange County's appointed representatives to the OWASA Board. Bernadette Pelissier summarized the information in the agenda abstract. She said that one of the major products of their master plan would be the ability to continuously monitor the needs of the OWASA clientele. She added that OWASA greatly appreciates the Commissioners' support of the expansion of the quarry. OWASA is awaiting Carrboro's decision later this month. She said that the report from the Shaping Orange County's Future task force would be coming to all of the elected bodies later this year. She said that at OWASA's last meeting, they discussed the items that are currently in draft farm and the recommendations made by the task farce and have responses to all of those items. Mark Marcaplos summarized the other items in the agenda abstract. He said that 17 million dollars was spent on the Mason Farm Wastewater Treatment Plant renovation and expansion. OWASA is planning for a capacity of 16 million gallons per day at this plant by 2010. He added that there would be full backup power at this plant within the next few months. The University Service Availability Fees are still not resolved, but the staff is continuing to work with University officials about this. He read some statistics about land acquisition in North Carolina. He said that OWASA was looking forward to partnering with the County in protecting the water. Commissioner Brown made reference to pump stations and spills and asked if Ms. Pelissier or Mr. Marcaplos could comment on pump stations and the frequency of failures. Ms. Pelissier said that OWASA would provide information to the County Commissioners. She pointed out that a lot of the notices that were in the newspaper were not related to pump stations. Commissioner Jacobs made reference to the comprehensive plan and the fact that there was going to be a discussion of the sludge application lands and whether or not all of those lands were needed. He asked if OWASA has had this discussion yet. Ms. Pelissier said that OWASA had not had the discussion. Commissioner Jacobs asked if Carrboro had approved the Water and Sewer Boundary Agreement. It was answered that Carrboro had not approved the agreement. He asked for a report about Carrboro's response to the agreement. Commissioner Jacobs made reference to the University Service Availability Fees and said that in setting up the affordable housing task forces, part of the charge of the University task farce is to discuss this issue. Commissioner Brown asked if a couple of the OWASA board members could serve on the affordable housing task force. It could be that a staff person would be more appropriate. It was decided that the OWASA Board would appoint someone to serve on the affordable housing task force. This will need to be added to the appointments. 7. PUBLIC HEARINGS a. State-mandated Solid Waste Management Plan Update The Board held a public hearing on an update to the Orange County solid waste management plan. A copy of the entire plan is in the Permanent Agenda File in the Clerk's office. Assistant County Manager Rod Visser said that this was astate-mandated update that is to be performed every three years. Each of the local governments is to review it and adopt a resolution. Blair Pollock, Solid Waste Planning and Recycling Coordinator, made a PowerPoint presentation. The next steps are to receive public comment tonight, bring the plan in front of the local governments to adapt the resolution supporting this update, and submit the update to the state. The Solid Waste Advisory Board will assist in the decisions that need to be made. Chair Carey closed the public hearing and referred the plan to the staff for further consideration. This item will be further discussed at the August 30t" Board of County Commissioners' work session. Commissioner Halkiotis would like to see some additional information on the C&D machine that cost $80,000. Also, he would like to know the status of the materials recovery facility in Alamance County that was in the newspaper recently. He would also like to have a report of what is happening in neighboring counties with regard to solid waste management. Commissioner Jacobs suggested inviting the C&D Recycling Task Force members to the August 30t" work session. Commissioner Gordan asked about the timeline far this process. Rad Visser said that a draft copy has been provided to the state. The final copy should be sent in as soon as possible, but it is not urgent. Commissioner Jacobs asked for the staff to bring to the August 30th work session same proposed items for the Solid Waste Advisory Board to discuss. 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Appointments This item was removed and placed at the end of the Consent Agenda for separate consideration. b. Prioritization Plan for Distribution of Hurricane Floyd Relief Funds This item was removed and placed at the end of the Consent Agenda for separate consideration. c. Jail Inspection Report The Board received the jail inspection report far July 3, 2000, from the N.C. Department of Health and Human Services. d. Establishment of Public Hearing Date on 2001 Schedule of Values The Board established a public hearing date on the proposed schedule of values for the 2001 real property revaluation far 7:30 p.m. on September 19, 2000 at the Southern Human Services Center in Chapel Hill. e. Property Value Changes The Board approved changes made in property values after the 2000 Board of Equalization and Review had adjourned in accordance with the resolution that is incorporated herein by reference. f. Property Tax Refunds The Board approved three requests far property tax refunds in accordance with the resolution that is incorporated herein by reference. g_ Motor Vehicle Property Tax Refunds The Board approved two requests for vehicle property tax refunds in accordance with the resolution that is incorporated herein by reference. h. Surplus Property Disposal 2000 This item was removed and placed at the end of the Consent Agenda far separate consideration. i. Pleasant Green Woods II - Preliminarv Plan This item was removed and placed at the end of the Consent Agenda for separate consideration. L Sunrise Springs -Preliminary Plan This item was removed and placed at the end of the Consent Agenda for separate consideration. k. Extension of Vital Records Imaging System to Process Deeds The Board approved a contract extension in the estimated amount of $70,000 with Mackin Imaging and Harshman Consulting to implement a deeds imaging system in the Register of Deeds office. I. Contract Award - Piggyback of an RFP for Sheriff's Records/Jai) Management Software The Board approved a contract with Open Software Solutions, Inc. in the amount of $157,G00, far the purchase of records/jail management software for the Sheriff's Department. m. Orange County Stormwater Program for Lands within Neuse River Basin was removed and placed at r separate consideration. n. N.C. Department of Environment and Natural Resources 2000 Solid Waste Reduction Assistance Grant Project The Board approved the execution of a contract between the N.C. Department of Environment and Natural Resources and the Orange County Public Works Department for a solid waste reduction grant in the amount of $5,000 for the year 2000. o. Acceptance of Buy Recycled Grant This item was removed and placed at the end of the Consent Agenda far separate consideration. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Appointments The Board considered appointments to the Commissioners' Affordable Housing Task Farce, Innovation and Efficiency Committee, and Jury Commission. Commissioner Gordon expressed a concern that the County staff was not represented in the Commissioners' Affordable Housing Task Force. It was answered that Housing and Community Development Director Tara Fikes would be representing the County staff. Commissioner Jacobs said that a Commissioner and Tara Fikes would be at each small group meeting so that the task force stays on track. Commissioner Gordon has no problems with the appointments, but she does think that one other person from the County staff should be considered to spread the workload around. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the appointments as presented and listed below: Commissioners' Affordable Housing Task Force John Eckblad, Dan Coleman, Loryn Barnes, Chris Moran, Rachael Murphey, Runyan Woods, Richard T. Brown, Jr., Joal Hall Broun, Mark Dorosin, Alex Zaffron, Jim Ward, Kevin Foy, Bill Strom, Tara Fikes, and Mark Chilton. This is a short-term Task Force. Therefore, there are no term ending dates for these appointments. Innovation and Efficiency Committee Curtis Bowe, Tristan English, Jerry Kruter, and Joe Phelps. This is a short-term Task Force. Therefore, there are no term ending dates for these appointments. Jury Commission Judy Cax for a term ending June 30, 2002. VOTE: UNANIMOUS b. Prioritization Plan for Distribution of Hurricane Floyd Relief Funds The Board considered adopting a resolution establishing the County's priorities far the distribution of grant funds to residents who experienced property damage as a result of Hurricane Floyd. Commissioner Brown pulled this off the Consent Agenda because she felt that it was important far the Commissioners and the citizens to knave that a section of Orange County that was impacted by flooding could be a part of this federal program. Rod Visser said that there were two property owners in the Heritage Hills Subdivision that received damage last year from Hurricane Floyd and are eligible to have their property acquired using federal grant money. He explained that the federal government has focused on acquisition programs in terms of mitigation measures in the aftermath of Hurricane Floyd. Commissioner Brown said that this was a perfect example of why the County was not allowing people to build in flood plains and not channeling creeks. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign the resolution establishing the County's priorities for the distribution of grant funds to residents who experienced property damage as a result of Hurricane Floyd as stated below: Resolution of the Orange County Board of Commissioners Adapting Prioritization Plan for Voluntary Acquisition Activities Through the Hazard Mitigation Grant Program (HMGP) For the County of Orange, North Carolina WHEREAS, the County of Orange intends to obtain HMGP funds in order to conduct a voluntary property acquisition program to remove residential properties from the threat of future flooding that endangers life and property; and, WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act requires that each HMGP project be cost-effective; and, WHEREAS, it is the finding of the State of North Carolina and the County of Orange that eliminating exposure to the risk of future flooding is directly related to the cost-effectiveness; NOW THEREFORE be it resolved by the Board of Commissioners of the County of Orange that the following methodology be established to prioritize purchasing of residential property from owners who have expressed an interest in participation in the proposed voluntary acquisition program and have been included in the HMGP Application for the County of Orange. VOTE: UNANIMOUS h. Surplus Property Disposal 2000 The Board considered approving a list of items to be declared as surplus, adopting a resolution authorizing the purchasing director to conduct an auction of surplus property, and establishing a method by which certain surplus personal computers would be distributed to non- profit organizations funded by Orange County. Commissioner Halkiotis asked that a staff analysis be done of the cars for the Sheriffs Department. He wondered why the Craven Victoria was in poor condition at 109,000 miles and the Caprices were in fair condition at 180,000 miles. Commissioner Jacobs wants to knave haw the schools deal with surplus computers. Commissioner Halkiotis said that the schools try to auction off the surplus computers. Commissioner Brown asked how the auction was advertised. Pam Jones said that it was advertised in the newspapers and by the auctioneers. Commissioner Brawn asked how computers were recycled. It was answered that the electronics recycling business was just getting started. The Triangle J Council of Governments has just started an Electronics Recycling Task Force to look at these issues. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign a resolution authorizing the Purchasing Director to conduct an auction of surplus property, and establishing a method by which certain surplus personal computers would be distributed to non-profit organizations funded by Orange County as stated below: RESOLUTION WHEREAS, Orange County desires to dispose of surplus, confiscated, and abandoned property in a manner prescribed by North Carolina State Law; and, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal; and, WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County; NOW THEREFORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list, on September 16, 2000, The auction to be held at 9:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis. The auction will be conducted by Bobby Crawford Auction Service. FURTHERMORE. BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioner to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments to inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in inventory. VOTE: UNANIMOUS i. Pleasant Green Woods II -Preliminarv Plan The Board considered a conservationlcluster preliminary plan for proposed Pleasant Green Woods II subdivision. The subdivision is located at the end of Jomali Drive (Phase 1}off the east side of Pleasant Green Road in Eno Township. Twenty (20) residential lots are proposed an a 50.32 acre tract. The average lot size is 1.51 acres. The current zoning is Rural Residential and the property is in the lower Eno protected watershed. Commissioner Brown asked how many phases there were to this development. Planning Director Craig Benedict answered that a third phase was not proposed. Various questions were answered by Craig Benedict that Commissioner Brown had about this preliminary plan to her satisfaction. Commissioner Jacobs asked about the open space and why one of the 25-foot pedestrian ways was not included as a matter of course to the open space. He suggested putting the 25-foot pedestrian way between lots 26 and 27 and moving everything down a bit so that the open space is more accessible. Craig Benedict said that this could be included in the planning of the subdivision. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the conservation/cluster preliminary plan for proposed Pleasant Green Woods II subdivision, with the 25-foot pedestrian way as an access to the open space. VOTE: UNANIMOUS L Sunrise Springs -Preliminarv Plan The Board considered a preliminary plan for the proposed Sunrise Springs subdivision. Commissioner Jacobs asked for a definition of a type "f' buffer. Craig Benedict said that this would be a 100-foot buffer with a small amount of vegetation. Commissioner Jacobs would like more of an elaboration on the buffer types in the future. Commissioner Jacobs asked about the cul-de-sac and whether this leaves the possibility of extending to the property line from the cul-de-sac toward Whitfield Road. Craig Benedict said that the properties to the north of the project were developed and there would be no need for astub-out to the north from this project. A motion was made by Chair Carey, seconded by Commissioner Brawn to table this item to the next meeting. VOTE: UNANIMOUS Staff will contact the County Commissioners to be sure all questions are answered before the next meeting. m. Vrange County 5tormwater Program for Lands within Neuse Kiver basin The Board considered an ordinance designed to improve water quality in the Neuse River basin and to comply with N.C. Administrative Code Section 15A NCAC 26.0235. Commissioner Brown asked what this program meant. Craig Benedict explained that North Carolina passed rules two years ago that every county and local jurisdiction would have to develop their own rules that would handle any properties within the Neuse River Basin, which starts in Orange County and goes to the coast. There are two parts of the program -rules that have to do with subdivisions, and rules that have to do with farms. The Planning and Inspections Department will only be handling the rules that deal with subdivisions. The rules that have to do with farms are handled by state agencies. He said that the staff has taken the state's model ordinance, made some minor modifications to fit Orange County's profile, and tonight's action would be to transmit this ordinance to the state far their review over the next two months. The state will send some comments back to see if it conforms to their model. The Commissioners will be able to examine the ordinance and then a formal ordinance will be passed. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to adopt an ordinance designed to improve water quality in the Neuse River basin and to comply with N. C. Administrative Code Section 15A NCAC 26.0235. Commissioner Gordon asked if this ordinance would affect the land use planning. Craig Benedict said that this ordinance would strengthen and support all stream buffer requirements. VOTE: UNANIMOUS o. Acceptance of Buy Recycled Grant The Board considered a formal grant in the amount of $4,500 from the N.C. Division of Pollution Prevention and Environmental Assistance to promote the use and purchase of goads with recycled content by local governments and other public agencies. Commissioner Jacobs asked if this was an educational effort. It was answered that one part of the grant would be educational and the other aspect would be some policies about buying recycled products. Commissioner Jacobs suggested including Mebane, the Animal Protection Society and other organizations that are heavily funded by the County including the Research Triangle Regional Partnership. He suggested asking staff to come back with a proposed resolution by the Board to make it a formal policy to buy only recycled products. This will be brought back on August 30tH Commissioner Halkiotis said that he feels that a discussion between entities on bulk purchasing needs to take place to reduce the cost of recycled products. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept a grant in the amount of $4,500 from the N. C. Division of Pollution Prevention and Environmental Assistance to promote the use and purchase of goads with recycled content by local governments and other public agencies. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board was to consider appointments to the Agricultural Preservation Board; Alcoholic Beverage Control Board; Board of Health; Chapel Hill Planning Board; Horace Williams Airport Advisory Board; Human Services Advisory Commission; Library Task Force; Little River Park Advisory Committee; Orange-Chatham Justice Partnership; Orange County Board of Adjustment; Orange County Planning Board; Orange Water and Sewer Authority (OWASA}; and, Visitors Bureau of Chapel Hill/Orange County, however this item was postponed to the next meeting. b. Reconsideration of Pocket Park at Skills Development Center The Board was to reconsider the construction of a pocket park at the Skills Development Center. However, this item was postponed to a future meeting. c. Amendments to Orange County Private Road Standards The Board was to consider proposed amendments to the Orange County subdivision regulations regarding private roads. However, this item was postponed to a future meeting. d. Richmond Hills -Preliminary Plan The Board considered aconservation/cluster flexible development preliminary plan and considered the appropriateness of a sewer system for the proposed Richmond Hills subdivision. Jahn Link summarized by saying that there was considerable discussion at the last meeting as to the pros and cons of the pump station versus the STEP system as the alternatives for handling the waste water system. Paul Thames has worked with the proponents of this plan to articulate the perspective of Habitat for Humanity and the staff. He said that there was no right or wrong decision as it relates to which course of action the Board takes. He suggested that the Board pursue the alternative that it feels most comfortable with, with the understanding that the issue of maintenance will have to be revisited. A motion was made by Commissioner Gordon to approve the STEP Sewer System, in its capacity as owner of the Efland Sewer System as the approved connection method of Richmond Hills Subdivision to the existing sewer system. Commissioner Halkiotis feels that the County Commissioners have a responsibility to affordable housing and that a pump station should be put in. He said that the STEP system would put an additional burden on the homeowners of the Habitat for Humanity homes. Commissioner Jacobs said that he has come to see that he agrees with Commissioner Halkiotis because he feels that the pump station is a better choice in the long term. He said that, whether the County Commissioners want it or not, they are in the water and sewer business in the Efland area. Commissioner Brown said that the County Commissioners did not have a water and sewer plan in Efland, which is the main reason she does not want to see any expansion in this area. If the County can move ahead with a water and sewer plan, she would feel comfortable moving ahead with the pump station. This would be a commitment far the County Commissioners to move ahead with a solid plan for water and sewer in the Efland area. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the pump station for Richmond Hills Subdivision, and not entertain any other pump stations until a water and sewer policy is developed and approved for Efland. Commissioner Gordon said that the reason she supports the STEP system is that she would also support a maintenance fund for Habitat for Humanity for this affordable housing project. DOTE: UNANIMOUS Commissioner Brown would like the County Attorney to came back with a comment about the possibility of a moratorium on projects that require pump stations in Efland until a solid plan is developed for water and sewer in this area. Commissioner Jacobs asked that the staff work with the developer on the names of the roads. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to approve the preliminary plan for Richmond Hills Subdivision. VOTE: UNANIMOUS e. The Woodlands (formerly Nine Gates) -Preliminary Plan The Board considered a preliminary plan for the proposed Woodlands subdivision. Craig Benedict said that this item was brought before the Commissioners in June, but there was some public and Commissioner comments concerning the project. This item was brought back to the Planning Board in late June to clarify the original vote, which was 4-4. The 4-4 vote by the Planning Board had to do with the need or absence of the need of a turn lane on Jones Ferry Road. The Planning Board voted unanimously to approve the project with the turn lane, since the applicant had agreed to put it in. He summarized the project from the agenda abstract. He made reference to the concerns addressed by the public and the Commissioners. He said that the turn lane would be developed within the right-of-way so that there will not be encroachment upon private lands. The amount of traffic impact does not warrant the necessity of a left-turn lane, however, the staff has recommended that the turn lane go in. The second issue had to da with the preservation of trees along Nine Gates Road into the project. The trees adjacent to the roadway have been surveyed and are between 17-21 feet off the roadway. There will be tree protection and there will not be major cut and fill operations. Another issue of concern was the drainage. He deferred this issue to the applicant. The last issue of concern was open space. At the suggestion of the Board, there have been some additional open space areas created within the project. There has been an additional pedestrian easement created between lots 13 and 14. Also, there has been additional open space added along the entrance and behind lots 29-32. Warren Faircloth, Erosion Control Officer, said that the applicant's engineer prepared a drainage study, showing the increase in runoff based on conditions before development and after development. The increase on the Cox property is 8.8 cubic feet per second, which is a 45°fo increase. The report indicates that this is not a great increase. The runoff study does not recommend installing any detention measures to control the runoff. Commissioner Brown asked why an increase in runoff of 45°lo was not significant. Warren Faircloth deferred this to the applicant. Commissioner Brown feels that this is a problem and thought that the County was working toward a goal of containing all runoff within the property. Warren Faircloth said that his understanding of drainage laws was that the developer has the right to discharge this water into the existing drainage way, even if the rate is increased. Geoffrey Gledhill said that the common law allows for the downstream owners of land to have a natural burden of the upstream water flow. The law further says that the reasonable use of the land includes increasing to a reasonable degree the flow and the speed of the water that runs on to the downstream land. He said that the objective of the County regulations was to make sure that the downstream properties were not inundated by storm water. The question becomes, "What does inundated mean?" He said that the bottom line on this project, from the staff's perspective, is that it is impossible to tell at this time whether there is a need far a permanent storm water detention facility on the property. Citizens' Comments Maria Tadd said that she was apposed to the building of 41 houses. She said that this area was a pristine part of Orange County that was very safe and the residents can ride their bikes and be close to nature and still be within a reasonable commute to RTP. She asked that the developers act responsibly. She spoke about the reasons that building 41 homes in the proposed subdivision was not responsible. She said that it will add approximately 8Q more cars to Jones Ferry Road, making the daily commute horrific and more dangerous. An increase in cars will also spill aver to Ferguson Road as the new homeowners make their way to the recycling center. She said that Ferguson has already become a speedway. An additional 41 houses will put a drain on an already limited water supply. Many of the residents run out of water on a regular basis during years of draught. The additional traffic will make it less safe for bicyclists and pets. Also, added traffic will require the building of turn lanes, thus converting green ways into stretches of blacktop. She lives at the bottom of a steep hill and gets the drainage of all of the houses above her. During Hurricane Fran, her yard was so saturated that she lost 52 large hardwoods. She would hate to see the character of Jones Ferry Road altered. She asked the Commissioners to carefully evaluate the long-term impact that The Woodlands will have. She asked the Commissioners to consider the development of ten ten-acre lots instead of 41 lots. Delos O'Daniel said that he feels his concerns have been addressed in the new plan before the County Commissioners for consideration this evening. He thanked the Commissioners for listening to the concerns of the citizens. Gordon Brawn, who was representing the applicant, mentioned that he and his fiancee had purchased some property from Lynn Cox on Janes Ferry Road after he was hired to represent Kimley-Horn. He made reference to the drainage issue and said that he could not find any evidence where anything channeled in that area. He was concerned that there would be a 45% increase in the runoff, however, if you look at it as an absolute value, it is truly insignificant. Secondly, the culvert upgrade that is scheduled for Nine Gates Road will address a problem that Ms. Cox did experience on her property. He said that this would be positive because it would allow the property to drain more freely. Thirdly, he believes that the taking of Nine Gates Road to NCDOT standards is going to be an improvement that will actually benefit the property. He thinks that the program of development by Kim Henry is responsible. He does not think that the addition of 41 houses will create an urban scene. He clarified that Kim Henry did not ask him to come to the meeting tonight, and he is not being paid. Kim Henry, developer of this property, said that this project was an opportunity to develop a neighborhood that she and her husband wanted to live in. This piece of property was developed by Kimley-Horn. She said that the zoning allowed for over 80 lots, but that was not what she wanted. A concept plan was submitted for 45 lots and it was approved. After that, further refining was done and four lots were taken out. She said that it was important far her to maintain a central park system. She pointed out two parks in the development and said that there would be walking trails through the parks. Also, there will be more pedestrian accesses as suggested by the Commissioners. She said that the view would not change on Jones Ferry Road, because the property is half of mile away from the road. She believes she has answered all of the questions of the citizens. Lucy Harber said that her main concern was with the density. She feels it is way too high. She encouraged the Commissioners not to approve this project because of the density. Janice Sency said that she agreed with Maria Todd's comments. There are water problems in that area. The residents do run out of water from time to time, which may cause problems. Also, she said that Janes Ferry Road was heavily traveled and she is concerned about the additional traffic. She is concerned about the wild life and the trees. She said that this development was going to change the character of the area. The County Commissioners agreed to extend the meeting to 11:15 and then adjourn. Commissioner Jacobs made reference to page 23, the letter from Mike Tapp, and the need for a secondary ingress and egress for safety reasons. Craig Benedict said that there was a stub out to the undeveloped property to the West. Planner Robert Davis said that the response from Mike Tapp was a standard response. He said that there was no property to stub to at this time since this was the first subdivision on the property. Commissioner Brown asked if there was enough roam to build the road so that the cemetery was not disturbed. Craig Benedict said that the cemetery would not be disturbed. Commissioner Brown is concerned about Nine Gates Road and that it may became a speedway because it is a straight road that is'/ mile long. Craig Benedict said that this was a public road and it would be monitored by public safety. Commissioner Brown made reference to the left turn lane and said that she feels this will be a dangerous left turn lane. She wondered if there was consideration, far along the front section of Jones Ferry Road, to have a way to turn out. Craig Benedict said that atone time the turn lane was going to be off the right-of-way and there would have been disturbance on one of the adjacent properties. In working with NCDOT, it was found that the turn lane could be centered in the roadway sa that it would not disturb private property. He said that there was not an acceleration lane proposed. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to table this item until the next meeting. Questions by the County Commissioners will be submitted to the Planning Department. VOTE: UNANIMOUS 1 Q. REPORTS -NONE 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION The Board was to go into closed session "Ta discuss the County's position and to instruct the County Manager and County Attorney an the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Chair Carey suggested that the staff (Pam Jones andlor John Link) contact each Board member to determine their sentiment on this issue. 14. ADJOURNMENT With no further items to discuss, the meeting was adjourned at 11:15 p.m. The next regular meeting will be held on August 28, 2000 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, CMC