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HomeMy WebLinkAboutMinutes - 10-02-2000APPROVED MAY 1, 2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION October 2, 2000 The Orange County Board of Commissioners met for a work session at 7:30 p.m. on October 2, 2000 in the Boardroom at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Margaret W. Brawn, 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, Assistants to the Clerk Evelyn Cecil and Nancy Piciga (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. ORANGE ALAMANCE UTILITY SYSTEM REPORT Paul Thames gave a summary of the Orange-Alamance Utility System Report. He showed a map of the Efland Cheeks Community. He pointed out the location of the overall water system and told what the different shaded areas represented. He said that Orange-Alamance has an average water production of about a million gallons per day and approximately 8d% goes into Alamance County. He said that Orange-Alamance's water production was right at capacity. As a result, they tend not to take on big subdivisions atone time. He made reference to McGowan Creek subdivision that was denied permission to tap an to Orange-Alamance and Ashwick and the Habitat for Humanity subdivision that were permitted to tap on. He said that Orange-Alamance had the authority to deny subdivisions to tap onto the system, but he is not sure of the criteria used. In terms of capacity, the current demand for water at Orange-Alamance is right at capacity. There is a well at the plant site and on 119 south of Mebane. However, these wells have not been tested by constant use. The wells are used far backup purposes only. Commissioner Brown asked about the well on Highway 119 and how the water was treated. Paul Thames said that generally the water only needs to be chlorinated. This is regulated by the state. Commissioner Brawn asked about the dead end water lines. Paul Thames said that the water lines were not looped back. Commissioner Brown verified that Efland Cheeks Elementary School gets water from Orange-Alamance. She also asked if everyone on the sewer system also got water from Orange- Alamance, and Paul Thames said that some people had wells. Planning Director Craig Benedict showed where the land use plan was located on the map and the transition areas. He said that in the new land use plan, 'rural residential' was going to be more defined. He asked Paul Thames to explain the portable water system versus the fire suppression system. Paul Thames said that lately this has been a hot topic. Orange-Alamance has a 12-inch line that runs down from the plant on US 70. This 12-inch line has fire hydrants on it that are functional. Fire hydrants are typically located on a six-inch line, but the six-inch line is hardly ever true Economic Development District. He said that it needs to be clearly stated that it was clearly recognized back then. He said that there should be a looping system of the water lines. He said that the expectation was that Mebane would bring water in from the west and this did not happen. He has serious concerns about the proposed 200-unit subdivision (McGowan Creek) in Efland and the proposed community well system. Commissioner Brawn said that she remembers the Economic Development Director describing the area that was to be included in a twenty-year plan. She thinks the Board should get together with Orange-Alamance. She has concerns with permitting high-density development on wells and using the County's sewer system. That is why she was concerned about making sure that the transition area matched the sewer plan. She asked where this area was in terms of development. Craig Benedict said that the question was whether Orange County could provide sewer if Orange-Alamance does not provide water. He said that designating Efland as a transition area with the unknowns about the water system would be ill advised. What would be appropriate is if the allocation that Orange-Alamance has from the Eno is used within this area. He pointed out some subdivisions on a map that were yet to be developed {Richmond Hills - 42 lots, Ashwick - 60 lots, High Rock Farm - 100 lots, Mill Creek I I - 70 lots, and others). He pointed out the subdivisions on a map that have been approved over the last five years (approximately 400-500 units). He said that there was a lot of other development occurring on the outskirts of Mebane that was putting a lot of pressure on this whole area. The pressures and demand for housing in this area are increasing at an accelerated rate. Commissioner Brown verified with Craig Benedict that the possibility of siting a school in Efland was problematic due to the water supply. Commissioner Brown made reference to the comments made by the Planning Board regarding the McGowan Creek subdivision and said that it was obvious that projects were coming in far sewer but not far water. Craig Benedict said that this subdivision was tabled until the next Planning Board meeting. Scott Radway from the McGowan Creek subdivision said that at a meeting of the Orange- Alamance Board of Directors, it was explained that the policy was that new development would be required to bring its own water, which means that wells would have to be provided. Commissioner Brown asked if OWASA gives people sewer if they are on wells, particularly in large subdivisions. Commissioner Jacobs said that mostly OWASA did not provide sewer for people that were on wells. Geoffrey Gledhill said that there was a recent N. C. Court of Appeals decision, which stopped towns from requiring public utility connections in the context of approving development. There is same thinking that the same analysis might apply to requiring both water and sewer. Commissioner Halkiotis said that it would be helpful to have a list of all subdivisions in the County's jurisdiction that are on same kind of community well system. He thanked Commissioner Gordon for leading the charge for proving that residential development does not pay for itself. Discussion ensued about the cost of residential development. Commissioner Gordon asked about the studies that are being offered as proof that this area had enough water to support the development. She said that a lot of areas in the County had fractured rock and it was difficult to know how much groundwater was available. Paul Thames said that the only proof was to drill wells. He said that different areas produce different amounts of water. Commissioner Brawn asked Geoffrey Gledhill about the legal implications of connecting to the sewer system and not the water system. Geoffrey Gledhill said that he will research this and bring back to the Board additional information. He said that Orange County would not have to make the sewer line available. Commissioner Brown asked what would need to be in place to protect the citizens. Craig Benedict said that it had to do with the density of development. He said that the staff was trying to Craig Benedict said that this question came up at the Assembly of Governments meeting in late March. The wording that was used was whether an Adequate Public Facilities Ordinance accommodates or moderates growth. John Link said that the first thing that the Board of County Commissioners needs to do is determine what they find to be an acceptable definition of actual students in schools. He said that it was the 20-day number that should be pursued and not enrollment. Craig Benedict showed a graph about how to accommodate for growth over time. He said that there was a reasonable accommodation for growth based on past history. Commissioner Gordon asked about the role of the towns and schools making decisions on approving developments. Geoffrey Gledhill said that the County Commissioners could pace the growth. He said that the planning government may have to stop issuing permits if development is causing schools to go over capacity. Commissioner Gordon asked far more clarification on how much development should be accommodated. Geoffrey Gledhill said that it was only a pause in issuing permits. Commissioner Jacobs said that there were some issues that would have to be worked out once the ordinance is adopted. One of the issues is that the Board would have to be committed to a specific capital improvement plan that makes this workable. Also, the Board will have to work with the schools on how to deal with class size. He asked about the specifics of pacing development and if it would be a dam of units waiting to be developed. Geoffrey Gledhill said that the Board could not ignore development applications and that it would be a dam. However, the development community could change their plans because they might not want to wait. Craig Benedict said that in the past the CIP has been very reactionary without this Adequate Public Facilities Ordinance. This ordinance will take more of a proactive role and the enrollment projection will serve as a basis far building schools. Geoffrey Gledhill said that one important factor of this ordinance was the fact that at the time it is adopted every one of the schools is going to be under the bar. John Link said that aside from the ordinance and the memorandum of understanding, there would be much improved student projections. Also, the County is going to public hearing in November on variable impact fees. The County will have one of the most defined processes for determining exactly what is needed and how it will be paid. He said that the spotlight would be on everyone -the County Commissioners, the school boards, the towns, and the developers. Commissioner Brown would like to see the County take leadership on this issue. Chair Carey made reference to page 13 that outlined the process of adopting the ordinance - bring it to the County Commissioners, send it to the other governing bodies for review and comment, and approve with conditions. He said that he would like to receive some comments from the other governing bodies before adopting the ordinance. Commissioner Brown asked Geoffrey Gledhill about the legal process. Geoffrey Gledhill said that the ordinance would become part of each of the participating governments' development ordinances. It will limit those participating governments' ability to approve development permits. The Memorandum of Understanding does not require a public hearing. He recommends that the County take this to public hearing with the ordinance and present the whole package. The required public hearings are the development ordinance amendments. Chair Carey asked about Mebane's involvement and Geoffrey Gledhill said that it was not critical that Mebane be a part of this right now. The developments in Mebane are not causing any kind of spike in the curve. He does not think that Mebane ought to be approached about this immediately. Commissioner Halkiotis also thinks it is very important for the County to take the leadership role because the schools are not over capacity right now. Geoffrey Gledhill asked the Commissioners to share any thoughts about language changes with him or Craig Benedict. Craig Benedict and he will share with the other attorneys and planners of the other jurisdictions and also the Commissioners the final wording that should go out to the other jurisdictions. John Link said that when it comes to the issue of affordable housing, he thinks the attorneys need to take the lead in saying what can and can not be included. The Board agreed to address the Adequate Public Facilities Ordinance at the meeting on October 17t". The Board will submit questions and comments to Craig Benedict or Geoffrey Gledhill before that time. John Link suggested that the Board agree on what is to be sent to the November 27`" public hearing on November 27t" (Memorandum of Understanding andlor the ordinance} and convey that to the other jurisdictions. The other jurisdictions could also be invited to the public hearing. Commissioner Halkiotis cautioned the Board to be careful about changing a lot of the wording because the attorneys and planners put so much work into it. Geoffrey Gledhill agreed and said that the ordinance was carefully worded. He reiterated that all governments have to be on board for the ordinance to work. 3. WATER & SEWER BOUNDARY AGREEMENT It was decided that Chair Carey and Commissioner Gordon along with the staff would get together and bring forth a proposed document. Commissioner Brown said that after the school board meeting, she thought there were some issues that needed to be clarified with the school boards. She thought that the Board could initiate the tour of Pathways. Also, two Commissioners could work on establishing a group to work on some of the other items on the list. She thinks the school boards were unclear on the school standards. She suggested clarifying in a letter what happened at the meeting. The staff will work on a letter to the school boards to clarify the issues from the joint meeting. John Link said that the first step was to act an the proposed capital policy by October 17t" This would allow a number of things to fall in place. He would be glad to also try and summarize the outcome of the meeting. ADJOURNMENT The meeting was adjourned at 10:30 p.m. The next meeting is scheduled far October 3 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, CMC more than 40-50 feet long because water pressure is lost if it is longer. He pointed out some waterlines on the map that were not good far fighting fires. Craig Benedict said that looping of water lines was very important because it helped with water pressure and circulation. Commissioner Brown asked about the transition planning area and the sewer plan and why they did not match up. Craig Benedict said that if we are to designate a transition area, they should match up and we should know that it can be serviced adequately by sewer and water systems. Commissioner Jacobs made reference to the $400 share in the Orange-Alamance Water System Corporation that each member would be required to pay. He asked if everyone in Richmond Hills (Habitat for Humanity project} would have to pay this fee and if this was the availability fee. Paul Thames said that there was not an availability fee, but they had to pay the $400 membership fee. Commissioner Jacobs said that he appreciates the amount of work that goes into being on the Orange-Alamance Board and any comments he makes are not meant to be critical of the work. He asked if the rates were structured to recover the capital costs sufficient to expand the system. Paul Thames said that the rate structure was set up primarily to pay for equipment replacement. Commissioner Jacobs made reference to the 800,000 gallons per day that goes out of the basin and asked what percentage of water being recovered from the upper Eno is being transferred out of the basin by Orange-Alamance. He would also like to know how much Hillsborough, Durham, and Orange-Alamance are drawing out of the basin. Paul Thames said that Durham has an intake site, but he does not think they are using it. Hillsborough does not transfer any water out of the basin, but it has water customers that are not sewer customers. Commissioner Jacobs asked about the scientific basis for not wanting to transfer water out of basin. Paul Thames said that it creates an imbalance in the system. When the water goes out there is less water in the stream. Commissioner Jacobs asked if there was an overall engineering plan for this system. Paul Thames said that his impression was that decisions were made ad hoc. Commissioner Jacobs verified with Paul Thames that there was not along-range plan for Orange-Alamance and that he was not aware of any written criteria that would make someone eligible to hook on to the system. Also, there is no real coordination between the utility and the Planning Department as far as which areas are best served in relation to the county's Land Use Plan. Craig Benedict said that this area was one that allowed certain densities and perhaps the County might like to have a similar public water supply to service properties adjacent to each other. Commissioner Brawn said that she has often had the feeling that the Economic Development District struggled to figure out a water and sewer plan. She is trying to figure out if there is even a viable EDD without a reliable water and sewer system. County Attorney Geoffrey Gledhill said that the EDD would have to be built with a 10 or 12- inch water line. Commissioner Jacobs made reference to the agenda tonight and said that the County Commissioners would be talking later about the Water and Sewer Boundary Agreement. He said that here is a utility right in the middle of the County that is not even a party to the agreement. He said that this was kind of a glaring hole in the middle of the plan. He said that the County should have a conversation going with Orange-Alamance Water System. He said that if there is going to be an EDD in this area, there needs to be discussion on how there can be sufficient water to address the residential and the commercial needs. Chair Carey said that it was important to bring in not only Orange-Alamance but also Mebane and Durham. Commissioner Halkiotis said that when the late Planning Director Marvin Collins brought this idea forward to the Board, there was no money to run water lines out to Buckhorn to make it a work on the EDD and the utility goals in the Efland-Cheeks/Buckhorn area. He said that there are some important policy decisions such as where the sewer system is extended and how far it goes that will need to be made. Geoffrey Gledhill said that it seems obvious that a solution would be to redefine the Orange-Alamance System area to include everything east of the ridgeline, so the role the County might want to play is to broker that in some fashion to make it passible for that to happen. By partnering with Orange-Alamance to make that happen it would eliminate the interbasin transfer and free up 80% of the water. This would make it possible for Orange-Alamance or their successor to provide public water that the County Commissioners are talking about. Commissioner Jacobs said that the issue of groundwater needed to be addressed in other areas as well. He made reference to a booklet from Huntersville about transferable development rights and said that this discussion goes back to same fundamental planning questions. The first step would be to define what we want to have happen in Efland and what the water and sewer boundary area is for Efland. The way it is now, the County can not transfer density. He thinks that this should precede what is done in the Upper Eno because a transferable development rights program would be useful. Commissioner Brown does not want to postpone the issue with the Upper Eno. She thinks that the transition area could be reduced to not allow high density. She suggested having the staff develop a list of requirements for developers for well systems. John Link made reference to the next topic, the Schools Adequate Public Facilities Ordinance. He said that same kind of criteria needed to be put in place that require that there be a guarantee for requirements for any area that does not have adequate facilities in place. Chair Carey verified that the County had ten years to spend the bond money from 1997. The staff will come back with a response as to what the Board of County Commissioners is asking for in relation to this issue. 2. SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE Geoffrey Gledhill made reference to his letter that captures the important issues of the final recommendation from the Schools and Land Use Council. The first issue is to what degree the County's financial ability to respond to school needs can be factored into the Adequate Public Facilities process. The objective of an Adequate Public Facilities Ordinance, particularly schools, is that you can use that kind of program to pace development and not to limit it. This may cause the County to increase the spending for public school facilities beyond what it otherwise would spend. The ordinance paces the way in which facilities are provided, such as telling developers to wait on subdivisions. The Constitutional standard for counties is that they must provide sufficient facilities. Commissioner Gordon made reference to a memo that she sent regarding questions about the financial impact. She said that it was not clear what the Board of County Commissioners' responsibility would be. Same of the questions deal with the capacity levels and the number of seats. She thinks the Commissioners' responsibility is sketchy in the ordinance. She thinks the financial obligations of the County, the towns, and the school boards should be spelled out. She read some questions, and they are as follows: 1) Is the County expected to fund school construction at an unlimited rate to keep up with whatever development is approved, or is the County allowed to set limits on the amount of money to be allocated for school construction based on reasonable considerations like debt service limits, competing needs, reasonable tax rate increases, etc.? 2) Is the County expected to fund school construction if a school bond referendum fails? 3} Have we caught up or are we already behind with our next wave of construction? Chair Carey said that he was uncertain about the financial impact also. He asked about the school capacity levels.