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HomeMy WebLinkAboutMinutes - 03-20-2001APPROVED MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS MARCH 20, 2001 The Orange County Board of Commissioners met jointly with the Town of Hillsborough at 5:30 p.m. at the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brawn, Moses Carey, Jr., Alice M. Gordon 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) TOWN OF HILLSBOROUGH COMMISSIONERS: Mayor Horace Johnson and Commissioners Evelyn Lloyd, Brian Lowen, Kenneth Chavious, Frances Dancy, and Mark Sheridan TOWN OF HILLSBOROUGH STAFF: City Manager Eric Peterson and Planning Director Margaret Hauth NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Welcome ~ Chair and Mavor Chair Halkiotis welcomed everyone to the meeting. Mayor Johnson thanked the County Commissioners far inviting Hillsborough for this work session. He said that there is development on the horizon and he wants to be sure that what is done is the right thing for the Town of Hillsborough. 2. Economic Development District Wark a. Land Use. Zanina. and Process Planning Director Craig Benedict mentioned that there has been an EDD Task Force that has been working for over a year on some new development regulations. The focus of the area was at I-85, New NC 86, and I-40. The intent of the regulations in this area was to have compatible and consistent regulations with Hillsborough sa that there would be similar development standards off I-85 for both areas. The County is in the process of adopting regulations similar to those that Hillsborough has adopted. He made reference to the EDD guidebook and said that the task force examined the guidebook and started making changes to accommodate the development that would impact the quality of life. The task force did not want to have a land use program that would overburden the corridors either at Old NC $6 or New NC $6. The task force looked at a mixed used development plan. Office and Office-flex and retail would cause one-half the transportation impact of a purely retail development. He gave examples of this. The traffic generation rate would be 13,000 to 14,000 for a mixed development, which would be half of a purely retail development. He said that if the development were only of one type the traffic would all peak at the same time. With a mixed use, the traffic is spread out over a longer period of time. As the final proposals are made to the Board of County Commissioners on April 19t", there may be some new elements that will be introduced in regards to transportation. He said that an Access Management System would increase the capacity of the road and would also help with the comprehensive plan in that not everyone would get a road cut as they access the road. There will be a new process for development applications where some will go directly to staff and some will go directly to the Board of County Commissioners. b. Transportation Workgraup Economic Development Director Diane Reid said that the EDD Task Force kept running into transportation issues with bath Old NC 86 and New NC 86 and felt that the best course of action would be to bring in all the stakeholders to discuss these issues. She described the group that is now meeting on transportation issues. There have been three meetings to date, and there has been a lot of sharing of basic information. They have looked at the impacts north and south of these areas and the impact that projects would have on those areas. The task force will produce a set of recommendations that will come forward to both the Hillsborough Town Board and the Board of County Commissioners by August 2001. The task force is now discussing the Elizabeth Brady Bypass and will continue that discussion at the next meeting. Commissioner Gordon mentioned that at the Transportation Advisory Committee meeting (DurhamlChapel HilllCarrboro MPO) Janet D'Ignazio said she would be glad to provide DOT staff to help the task force. c. Concept Plan -Informal Presentation of Old NC 8611-40 project Jack Smyre from Kimley Horn and Associates described what he thinks they have heard at the EDD Task Force meetings. The proposed project is 340 acres with Old NC $6 frontage and New NC 86 frontage at the I-40 interchange. This portion of the EDD is far mixed use. He showed on a map the different quadrants. He showed a road going through the development that may be a four-lane road. The other component they heard from the EDD Task Force was a desire to have some residential uses on this property. They feel that 20 acres would support 200 units - maybe some town houses and some single-family houses. He said that it would be nice to have a Durham County Community College satellite campus on this site. The project will also offer some civic uses and a park for the community at large. Also, there needs to be some community gathering places, and maybe a daycare. Jack Smyre said that he realized that there will be some right-of-way loss and also some environmental loss. The plan also includes a 100-foot buffer for the adjacent residences. There would also be water and sewer run to the site. They have some concerns that there is a limited retail market in Hillsborough. He said that this was not a plan but a menu far the consideration of the Board of County Commissioners and for their input. Commissioner Brawn asked about spark-and-ride lot and also a transit stop. Jack Smyre said that he did not hear that in the meetings but the linkage in the project would make it work. Commissioner Brown asked about affordable housing and Jack Smyre said that they do see affordable housing as a component. Commissioner Brown feels that this project would warrant a school site. Scott Radway from Kimley Horn and Associates said that there were discussions about a school site previously with the Corbin Downs project. He said that there would be some civic components on this property. There will be 25-30 acres that would be civic. He said that they were responding to what they heard from the EDD Task Force. He said that it was important for them as the applicant to have discussions with both boards about civic uses and what would be acceptable. He said that this plan is a concept plan and the developer wants to be sure that the right things are in the right place. He said that they want to fine-tune this plan at this time so that there is the right balance of retail, office, and residential. He said that the component of the two previous proposals - Hillsborough Place and Corbin Downs -was land for schools. Mayor Johnson made reference to the commercial area that would be the engine that would drive the water and sewer. Jack Smyre said that the southern user (officelretail} would be pulling this water and sewer. Ken Chaviaus questioned the retail aspect of this plan. He asked what they would be proposing and how many parking spaces would be proposed. Jack Smyre said that there were no tenants, and until that time they would not know the answer to those questions. They will be working on the details. Evelyn Lloyd asked about the out parcel at the lower right hand side of the map and was told that this could be an area with restaurants but needs to be discussed. It could be a nice sit- down restaurant. Jack Smyre clarified that the area as you enter from the west would be a combination of retailloffice. The other area would be a combination of officelretail. In answer to a question about the number of parking places, Jack Smyre said that the estimated parking spaces are 1,400 or 1,500 spaces. Commissioner Gordon asked that attention be given to space for a possible school. She would need to study the plan in order to give them any detailed input. She thanked them for presenting this so that the boards have an idea of what is happening. Mark Sheridan asked about the demand far office space and Jack Smyre said that it would be slow at first but they feel that the need will increase. He does feel that the office component will be the component that will come in later. Commissioner Jacobs said that a couple of things they talked about in the EDD Task Force were flex space and senior housing as opposed to single-family lots in the sensitive area. Also, he feels that the community college would be appropriate. He asked about the 'big box' retail and whether it was essential to the success of this development and would be proposed regardless of what happens at Hampton Pointe. Jack Smyre said that they do not see Hillsborough supporting bath. He said that they do have a concern that there is a limited demand for office space. He also said that they would not propose retail without a tenant. Commissioner Jacobs asked Jack Smyre if he found the EDD standards to be onerous or something that they can work with the County in a flexible way. Jack Smyre said that they want to work with the County and the Town of Hillsborough. He said that the standards were not onerous. 3. ~ccaneechi Camping Exemption for Pow Wow The County Attorney and staff are collaborating with John "Blackfeather" Jefferies to prepare an agreement that accommodates the requests of the Occaneechi-Saponi tribe in reference to the Indian Village and the park area behind the Courthouse. The County and the Town may have mutual interests, particularly as it pertains to such activities as camping and open fires on the site. The discussion is intended to familiarize all parties with the issues in an effort to bring forward solutions expeditiously in anticipation of the powwow scheduled for June 10, 2001. Director of Central Stares and Purchasing Pam Jones said that the Tawn of Hillsborough Board would be looking at the camping issue. The open burning would also be allowed for this weekend only because authenticity is a big part of the powwow. She said that there was sa much more going on at that site than originally thought. One of the issues associated with the site is liability insurance. John "Blackfeather" Jefferies said that the camping permit would only be far Friday and Saturday nights, June 8t" and June 9t". A lot of the people who camp are not financially able to afford a motel/hotel room. These people support the powwow. He said that there would not be any open burning, but that they would be using propane. There will be 60-80 dancers camping along the river. Chair Halkiotis asked that both Boards work together to make sure this happens on June 8t" and June 9t" 4. WaterlSewer Interests a. Update on Efland County Engineer Paul Thames explained the map, which is incorporated herein by reference. He pointed out several areas on the map and said that when the County first got involved with sewer in Efland, there were 200 potential customers or sewer taps. He said that there were also some customers west and east of the project that could be included. The 1997 sewer bond project would take care of all but 10 of the original 200 that signed up far sewer service. There are same issues with Orange-Alamance with water shortage where there is not much room for expanding their customer base. They want to get these issues resolved by the spring so they can start on the 1997 sewer bond project. It would take about 28 months to complete the project. The existing sewer service area and the bond project area would generate 100,000 gallons a day of sewer flow and the County is well within the range of the agreement the County has with the Town of Hillsborough to accept 350,000 gallons a day of sewer flow. Mayor Johnson said that in the original agreement, the Town of Hillsborough agreed on a certain number of new tap-ons and Paul Thames said that the limit has not been reached. Paul Thames said that the folks who signed onto it did so on the basis of their geographic location without regard to their economic circumstances. Commissioner Brown asked how much it costs the County to maintain the enterprise fund and Paul Thames said approximately $100,000 a year. Commissioner Carey asked if the 100,000 gallons per day included all of the potential development that could occur if the bond project is completed. Paul Thames said that there was not a lot of large acreage that could be developed for a subdivision. The 100,000 gallons would include all of the bond area and Richmond Hills Subdivision. It does not include any land peripheral to the service area. Mayor Johnson asked about the Buckhorn Raad area and the people who want sewer service for that area. Paul Thames said that this project does not include that specific area. The western mast boundary line would be just west of Richmond Road. He said that there was not a way to get those people into the system, which is 1-112 miles west of where the system is now. This is not part of the area the County Commissioners have included in the Efland sewer area. These people could be served by a small gravity system and it would have to be pumped. He said that Buckhorn Road does not fit into Mebane's sewer extension policy either. b. Watershed Preservation Planning Director Craig Benedict said that our new planning process has divided the County into watersheds called Sustainable Planning Areas. He showed the Upper Eno Watershed on a map. This watershed is a critical watershed in the County. With the County's watershed planning, anything within '/ mile of the water sources are classified as watershed critical areas. The areas of Efland are 10-year and 20-year transition areas where we anticipate development and a transition from rural to urban. The Orange-Alamance water system has a one million-gallon allocation from the Upper Eno. Out of the one million gallons, 200,000 gallons are used within Orange County and 800,000 gallons ga outside of the basin into the Back Creek and Cape Fear basins. He said that this was not a suggested way to do watershed planning in the future. Since the area is limited north of the two reservoirs, the staff is considering reexamining the densities of development in the northern Upper Eno and suggesting lowering densities below the two-acre and one-acre minimum. The justification for reducing this density is primarily for watershed reasons. He spoke about the advantages of lowering the density. He said that he wanted Hillsborough to understand the reasons for potentially reducing densities in the watershed areas. The County will be doing community outreach before reducing density in this area. Avery important aspect is water quality and preservation. Mayor Johnson said that he attended a meeting of the Upper Neuse Organization in which they talked about limiting the amount of growth. He asked that Commissioner Jacobs call Pat Davis and request the information. The Upper Neuse Organization gat a $300,000 grant to do a watershed model for the rest of the State. Commissioner Jacobs feels it is important for Hillsborough to understand that this is their watershed and that OWASA does set aside money far acquisition of land in their watershed. It is important for Hillsborough to be partners with the County in protecting this area. Planning Director Craig Benedict said that a way to reduce density in an area was to reduce it in that area and increase it in another area. c. Update on Water Treatment Hillsborough Town Manager Eric Peterson said that the water plant project is a 3.3 million dollar upgrade to the plant that is about 27 years old. There was a two million-dollar grant for the project and they plan to bid in May and start construction in the summer. This project will only upgrade the plant, not expand it. d. Water CapacitylSewer Capacity Eric Peterson said that Hillsborough has plenty of water. He said that Hillsborough had the capacity to provide 1.5 million gallons a day of water and to treat 1.5 million gallons a day of sewage. They are currently treating 700,000 - 800,000 gallons a day of sewage. Commissioner Jacobs asked if Hillsborough sells water to Orange-Alamance. Eric Peterson said that they do have an agreement to sell water to Orange-Alamance. Commissioner Jacobs asked if the Tawn would consider selling water to Orange- Alamance to service the Buckhorn area and Eric Peterson said that they would consider selling water to anyone at this time. 5. Courtesv Review Agreement Craig Benedict said that one of the things that came out of the EDD work group was to put forward a formal agreement. This Courtesy Review Agreement area is shown on a map, which has the ETJ of Hillsborough and the 50-year growth area which is the same area as that shown on the water and sewer boundary map. Any projects that come into this area, Orange County would be sending the applicant to Hillsborough to see if it is feasible far the Town to provide water and sewer. The Courtesy Review Agreement has been adopted by the Orange County Board of Commissioners and sets forth the timeframe for getting responses back. The agreement does not give joint development approval authority, but is only a process for courtesy review. Mayor Johnson asked about the stage of the courtesy review and Craig Benedict said that it would come at the concept stage because a project should not proceed if the Town cannot provide the public services. Evelyn Lloyd asked if there would be a contract between the Town and the County regarding whether the Town had the capacity for public services for a particular project. She said that there should be a quarterly meeting to discuss the various projects. Brian Lowen said that he has a concern with identifying the projects that would be subject to this process. Margaret Hauth said that the Town of Hillsborough did discuss this and they wanted to add some other types of projects to the list. She listed five criteria for the projects that would be reviewed jointly: 1) a 35-lot subdivision may not be something the Town is interested in reviewing. The threshold may be 50 acres and that is up far discussion. 2} Small projects that are handled by the Planning Board or Board of Adjustment would not be reviewed. Projects in the EDD would be reviewed jointly. 3) There should be a standard quarterly meeting date reserved to talk about projects. 4) Address water and sewer capacity in this agreement. 5) Ga ahead and specify the number of plans needed for each entity. Mark Sheridan said that raising the threshold has to do with the fact that Margaret Hauth has no one to delegate to, so that anything that comes from the Hillsborough Planning Department needs to be meaningful and valuable. Cammissianer Gordan said that she was surprised that courtesy review would require joint meetings. She thought it would be done entirely by sharing plans, in which case the size would not matter. Craig Benedict said that there are no formal meetings required. He said that, as it is written it is just an exchange of plans, but at certain times it may be better to set up a meeting. Cammissianer Jacobs asked Margaret Hauth about the new condominiums going in on Orange Grove Road - 40 acres for 200 units. He is concerned that something that big will have a major impact on that road. He reiterated that Hillsborough should not be asked to approve a contract for water and sewer until it feels comfortable that it is given its courtesy review of the development based on the development's standards, as opposed to at a very early stage. In answer to a question from Commissioner Brown, Craig Benedict said that the review would include such things as traffic impact, school impact, and environmental impacts. Craig Benedict will work with Margaret Hauth on this agreement and bring it back to the Board of County Commissioners for consideration of approval. 6. Joint Recreation Projects Recreation and Parks Director Bob Jones distributed a handout. He showed an aerial photograph of Fairview Park. He showed the location of the ball field. The area has been cleared of growth and vegetation and is ready for new soil. Dirt is being moved from one area to the area where the park is located. Contractors hopefully will have everything leveled and grass sown the second week in April. Hopefully, the field will be ready for play the first week of June. The second project is the area behind the Government Services Center. With reference to the expansion of the justice facilities as well as the restoration of the creek, it has been determined that the architects that will be selected far the justice facilities will include the design of the park site. He showed the old original concept of the proposed park. Gail Hughes of the Soil and Water Conservation Office said that they have surveyed the area and their civil engineers have accepted this project. They became concerned about the erosion at the corner of the building. The erosion is occurring because of the increase in urban watershed, where the water only has one place to ga. She explained the stream restoration project. They will be doing bioengineering where they will try to vegetate and stabilize the banks of the stream and try to put some curves and bends back into the stream. Bioengineering will also include putting rock or lags to take the water from the sides of the stream and channel it to the middle of the stream. She said that the design was just about complete. They hope to begin this project in late fall or early winter. She said that the resources were very thin because of hurricane relief in the east, but the project is on the books. The North Carolina Wetland Restoration Projects is very interested in funding this project. Larry Hobbs is the contact person. Mayor Johnson asked about the Gazebo in the park and Bob Jones said that it would depend on the floodplain and the recommendation from the architect. 7. Affordable Housing Task Force Draft Report Chair Halkiotis recommended that each board member look at this report and study it. He encouraged the Hillsborough Town Board to schedule this as an agenda item far a presentation. He said that every jurisdiction in the County should be worried about this issue. 8. Adjournment With na further items to discuss, the meeting was adjourned. The next meeting is scheduled for March 20, 2001 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC APPROVED 10/2/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 20, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, March 20, 2001 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon 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. 1. ADDITIONS OR CHANGES TO THE AGENDA A resolution was added as item 5e, "Fifteenth Annual CROP Walk." Anew resolution was accepted for item 5c, "Plan and Training Program for Domestic Terrorism Preparedness." Additional information was accepted from County staff for item 9e, "American Stone Company." Anew resolution was accepted for 5a, "Orange Community Housing Corporation (OCHC)/Community Land Trust in Orange County Merger." PUBLIC CHARGE Chair Halkiotis read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not an the Printed Agenda NONE b. Matters on the Printed Agenda {These matters were considered as the Board addressed the items an the agenda below.) Chair Halkiotis reiterated that the public hearing for item 9e, "American Stone Company," is over, except for the receipt by the Board of County Commissioners or the recommendation of the Planning Board together with any written evidence received by the Planning Board prior to the Planning Board meeting, at which the Planning Board made its recommendation to the Board of County Commissioners. The Planning Board recommendation and written evidence received by the Planning Board prior to its meeting on February 7th shall be entered into the record of this meeting. 3. BOARD COMMENTS Commissioner Gordan reported that yesterday she went to North Carolina State University as Orange County's representative for the Clean Water program. All of the 32 participants received a plaque. She distributed some air quality index information and key rings. She showed a T-shirt that listed the alternative fuels. She said that in front of the McKimmon Center there were about 20 vehicles, which were using alternative fuels. Commissioner Gordon mentioned that at the Transportation Advisory Committee (TAC) meeting she brought up the topic of installing a traffic signal for the new Cedar Ridge High School and Grady Brown Elementary School. She was given direction that Orange County should send a letter to the Traffic Engineer asking for a study to be done as soon as the school opens and they would use spot safety funds to install the signal. The Board directed staff to write a letter to the Traffic Engineer. Chair Halkiatis suggested that Karen Lincoln and Craig Benedict go to the school sites and look at the road. He also suggested lowering the speed limit 10 miles per hour. Commissioner Gordon said that, at the last TAC meeting it was reported that the Mayors of Cary, Chapel Hill, Durham, and Raleigh signed on to support the Regional Transportation Strategy. Commissioner Gordan also distributed the elements of the Transportation Improvement Plan from the TAC. Commissioner Carey made reference to the letters from citizens in the Carolina Springs community regarding rent increase, and asked far a report on the role the County plays in rent increases. He said that there was some misconception that people think that a tax revaluation triggers a rent increase. He asked John Link to give a presentation at the Board of County Commissioners' next work session. Commissioner Carey made reference to the request of the residents on Lakeshore Drive. Even if we cannot respond completely to the response, we need to focus on that and make a conscious decision an what the County can do. He said that the County and the Town did not cause the sediment to build up in that lake. The staff will give a report on this. Commissioner Jacobs made reference to the Little River Park Advisory Group and said that there is a projected timetable an the potential opening date for the park of August ar September 2002. At the next meeting the group will make some recommendations based, in large part, on what was expressed at a meeting on March 15t with the people who live in the area and also in terms of environmental costs and maintenance and construction costs. Commissioner Jacobs said that the Durham-Chapel Hill work group received a report from Chatham County about a deal they have made with Cary on an allocation from Jordan Lake. Chatham County is working on reducing the number of lots that can be served with water and on-site septic systems to 80,000 square feet countywide as apposed to 40,000 square feet countywide. He has asked for that thinking and reasoning to be shared with our Planning Director so that it could be forwarded to the Board of County Commissioners. Also, Durham is planning an annexation request into Orange County, which was a surprise to our Planning Director. Craig Benedict will get more details on this. We may want to look at an agreement with Durham CountylDurham City. Commissioner Jacobs made reference to the news release about the deconstruction on the farmer Orange Industries site and said that all of the Commissioners were invited to visit the site. The people doing the video would like to get comments from the County Commissioners. Commissioner Jacobs thanked our Planning Board Chair Nicole Gooding-Ray for coming to the meeting with the Town of Hillsborough and to the regular meeting. Commissioner Brown asked for a report on Carolina Springs, including the background on the affordable housing issue because this Board used taxpayer's money to pay for the impact fees. Commissioner Brown made reference to the proposed plan for Little River Regional Park and asked if the County Commissioners would get to see that plan and Commissioner Jacobs said yes. Chair Halkiotis asked Commissioner Brawn to report back to the County Commissioners on her Mexico visit with other elected officials. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONSIPROCLAMATIONS a. Orange Community Housing Corporation iOCHC)/Community Land Trust in Orange County Merger The Board considered a resolution of support far a merger of the two agencies. Jahn Link explained that there was a deletion of the next to the last whereas, which was redundant and did not add any clarity to the resolution. Hauling and Community Development Director Tara Fikes explained that the elected officials in Orange County have received a letter from the Chairperson of the Board of Directors of the Orange Community Housing Corporation and the Board President of the Community Land Trust in Orange County informing them that there has been a small group meeting to discuss the potential benefits of merging the two organizations. There has been an ongoing administrative relationship between these two agencies.. Commissioner Brown made reference to the fact that this group would no longer be handling the urgent repair program which she feels was a very significant project in Orange County. Tara Fikes said that their decision regarding the urgent repair program was not in relation to the proposed merger. She said that the statement in the resolution was referring to the Land Trust activities as well as the other homeownership programs that are being handled by both organizations. She said that staff was preparing to make a report on the urgent repair program tomorrow at the HOME Program Council meeting. Commissioner Carey mentioned that the Board increased some administrative funding specifically related to the urgent repair program. The Board decided to table this item until they get a clear understanding of who will handle the urgent repair program. John Link made reference to the Housing Finance Agency who approves the organization that handles the urgent repair program, which is alabor-intensive program. b. Fair Housing Month Proclamation The Board considered proclaiming April 2001 as Fair Housing Month. Annette Moore said that this was brought before the Board by the Human Relations Commission. She read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION FAIR HOUSING MONTH WHEREAS, April 2001 marks the thirty-third anniversary of Title VIII of the Civil Rights Act of 1968, the Federal Fair Housing Act, which provides for equal opportunity far all people in the sale, rental, and financing of housing, and prohibits housing discrimination on the basis of race, color, religion, sex, age, or national origin; and WHEREAS, the Fair Housing Amendments Act of 1988 added familial status and handicap to those classes protected by Title VIII and added strong new rights, remedies, monetary penalties, and judicial and administrative enforcement procedures; and WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil Rights Ordinance on June 6, 1994, which affords to the residents of Orange County the protections guaranteed by Title VIII and additionally encompasses the protected classes of veteran status and age; and WHEREAS, in spite of the protectians afforded by the Orange Caunty Civil Rights Ordinance and Title VIII as amended, illegal housing discrimination still occurs in our nation and in our county; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim April, 2001 as FAIR HOUSING MONTH and commend this observance to all Orange County citizens. This, the 20`" day of March 2001. VOTE: UNANIMOUS c. Acceptance of Grant for Plannina for Conseauences of Terrorism The Board considered accepting a grant in the amount of $40,000 far the Emergency Management Department to develop a plan and training program for domestic terrorism preparedness. EMS Director Nick Waters explained the federal grant and what it would provide. In summary, he said that the grant would allow the County to employ a temporary employee that would work with various agencies on consequence planning. The grant would also allow the County to clearly define the roles and responsibilities of various responding agencies and update the County's multi-hazard plan to address those responsibilities. By doing this, the County has an opportunity to enhance all response plans (i.e., natural disasters, etc.). Chair Halkiotis said that he was concerned about a staging area for storage of what is necessary in an emergency. Commissioner Jacobs asked if the County would be looking at a terrorist act at the Shearon Harris Nuclear Power Plant and how that might affect us. Nick Waters said that they would be looking at everything internal to Orange County and external that might affect Orange County. Commissioner Carey asked if the biohazard research going on at UNC-Chapel Hill would be included in the study and Nick Waters said yes. Commissioner Gordon asked that Nick Waters look at the risk with the Shearon Harris Nuclear Power Plant and to take this into account when doing the study. Commissioner Brown said that she had a conversation with Dr. Gordon Thompson, the County's consultant on nuclear power, and he specifically addressed the issue of a nuclear paver plant and how the Nuclear Regulatory Commission (NRC) has developed an approach to terrorism. She would like to see this approach in a report. Chair Halkiotis asked if there were any evacuation plans in place for Orange County if the need arose. Nick Waters said that the evacuation routes stop outside the 10-mile emergency- planning zone far the power plant. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION TO ACCEPT GRANT FUNDS TO DEVELOP A PLAN AND TRAINING PROGRAM FOR DOMESTIC TERRORISM PREPAREDNESS WHEREAS, terrorism is defined as "the use of force or violence against persons ar property in violation of the criminal laws of the U.S. for the purpose of intimidation, coercion or ransom"; and, WHEREAS, in recent years, there has been an increase nationwide in terrorism events, including the World Trade Center bombings and school shootings; and, WHEREAS, response to incidents resulting from terrorism and weapons of mass destruction must be well thought out and cannot be handled as routine calls because of the unique hazards they pose to the responders; and, WHEREAS, plans must be developed for the responders and potential target facilities, such as schools and government buildings, as places of mass gatherings; and, WHEREAS, Orange County has been notified that it will receive up to $40,000 in federal funds that will be used to upgrade the County's Multi-Hazard plan to include an element related to Weapons of Mass Destruction; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners does hereby accept the grant award up to $40,000 to develop a plan and training program for Domestic Terrorism Preparedness. This, the 20t" day of March 2001. VOTE: UNANIMOUS d. Reconsideration of Request for Assessment of Civil Penalties - Henry M. Wilson Zoning Violation The Board reconsidered its approval of the assessment of civil penalties for a zoning violation. Geoffrey Gledhill said that reconsideration to approve must be offered by the County Commissioners who voted on the prevailing side of the issue. A motion was made by Commissioner Carey, seconded by Chair Halkiotis to reconsider the approval of the assessment of civil penalties for a zoning violation. VOTE: UNANIMOUS Geoffrey Gledhill said that civil penalties have not been imposed. Citizen Comment Robert Smith, Attorney far Henry M. Wilson, presented his side of what happened. He explained that when the Wilson's bought this property for Mr. Wilson to run his auto repair garage, it was zoned EC-5. Mr. Wilson bought the property because it was listed as commercial property. He ran the property for 2-112 years and then the zoning was taken away. The court did not order the County to change the zoning back. The court said that, to keep the EC-5 zoning, they needed to hear more evidence about the commercial auto repair shop back in 1981 when the property was first zoned. There was some more evidence presented for auto repair, but the board chose to zone the property back to AR and RB, which is what it is now. He said that it was his feeling that Mr. Wilson should be allowed to continue his business. After the zoning was taken away, at the suggestion of someone from the Planning staff, the Wilson's applied for a home occupation permit. He received the permit, and a challenge was filed with the Board of Adjustment and it was taken away. The Board of Adjustment felt that the main use of the property was not residential. Regarding impact, he said that you could not see this property from Ferguson Road ar from the Lloyds property. There is very little noise and the repair is done within a building. The complaints have been from Barton Lloyd and one other gentleman. The properly has been improved from a large junkyard to a small repair shop. Mr. Wilson has a petition with 581 names supporting him staying in business at this location. He said that Orange County's ordinance does allow a business to continue as a nonconforming use. He feels that Mr. Wilson should be allowed to continue as a nonconforming use. Mr. Wilson is an honest hardworking mechanic and he asked the County Commissioners if this is the kind of person we need to spend time and resources to shut down. He distributed some pictures and told what they represented. He explained that the petition addressed the Board of Adjustment because Mr. Wilson was not certain of the difference between the Board of Adjustment and the Board of County Commissioners. He assured the Board that this petition was for this hearing and not a previous one with the Board of Adjustment. Henry Wilson presented a petition with 581 signatures. The petition reads as follows: "We the undersigned support Wilson's Automotive Repair Business owned by Marion H. Wilson, Jr. at 1220 Ferguson Road; Chapel Hill, NC Tax Map 27B Lot 6A. Ask the Board of Adjustment to uphold the original EC5 Commercial Zoning andlor the Home Occupation Permit granted to Mr. Wilson by Orange County." He also distributed a list of some of the investments he has made to try and improve the appearance of his business. Barton Lloyd, Jr. said that he owns two lots of the adjoining property to Mr. Wilson's. He said that when the farmer owner, Wayne Combs, who understood that he had a nonconforming use, cleared one acre for more junk vehicles, he filed a complaint with the County. In 1982, Mr. Combs filed far a rezoning and it was granted. He said that Mr. Combs immediately sold the property far multiple times of what it was valued for tax purposes, and Mr. Wilson acquired the property to open the garage. He said that Mr. Wilson said that he bought the property knowing full well that the zoning could be challenged. Over a period of four years, the County Commissioners considered this property as not appropriately zoned as EC-5 and it was determined that an automobile repair business would not be allowed on this property. For three years, Mr. Wilson tried to get a home occupation permit and was granted one, which was revoked. In August 1999 a second notice was sent and nothing happened until further complaints were raised with the Planning Department. He feels that assessing civil penalties is the right thing to do. He pointed out that even while this property was rezoned EC-5, that is Hat a zoning that allows a motor vehicle repair garage. He said that it was further a violation of the zoning ordinance far a business that has any commercial or industrial use to be located in the University Lake Watershed. This property is in the University Lake Watershed. In addition to a motor vehicle repair garage, Mr. Wilson still rents at least to one if not multiple residents on the property. He said that Mr. Wilson has never responded to questions raised as to the adequacy and the legality of the septic systems required by the Health Department for multiple residential uses and business on one single lot. He said that the adjoining landowners have the Wilson property in back of their property and it was clearly in view. He said that Mr. Wilson knew when he bought this property that it was not zoned for a repair shop. He stated that Mr. Wilson has been in violation for ten years. He asked far the County Commissioners to administer civil penalties. Commissioner Gordon said that an argument has been made and she asked Geoffrey Gledhill for his analysis. Geoffrey Gledhill made reference to a letter that he wrote to the Board of County Commissioners and said that the use that Mr. Wilson is using his property for is not a permitted use in the AR, RB, or EC-5 district. He said that the only way that you can use your property far a use that is nonconforming, under North Carolina law, is if the use was there prior to the time the zoning was put in place or if there was a use that at some time was conforming and the regulations have changed to make it nonconforming. He said that neither of these situations applies in Mr. Wilson's case. Commissioner Gordon said that it was important to note that over 500 people signed the petition. However, she sees no legal way to avoid the civil penalties. She does feel sympathy for Mr. Wilson. Commissioner Carey said that he has heard this information over the last 12 years and he feels that the County Commissioners need to support the County's Zoning Ordinance. He said that he would consider changing the date to begin the civil penalties. A motion was made by Commissioner Carey to impose the civil penalties effective March 20tH if the problem is not corrected within the next 30 days. The motion died for lack of a second. Commissioner Brown said that she was on the Planning Board when this issue was discussed during the court decision. Her perspective is that this has been pursued due to a private person making a complaint to the Planning Department. One of the issues was whether this was a continuation of a previous use. She knows that Mr. Martin, a previous owner, used this property as a repair shop because she took her car out there far repair. She feels that this use was one that was Hat supported once houses were built in the area. She does Hat want to see an old-time use being driven out of the County. She said that she remembers seeing pictures of cars stacked up, but this has been totally cleaned up. She would certainly live next door to this repair shop. She does not see what the problem is. She would vote to have this grandfathered in. She thinks it is an insult to Mr. Wilson to fine him. Commissioner Jacobs said that the issue seems to be whether this is a use that had taken place prior to zoning Geoffrey Gledhill said that the facts that are in evidence are that the property was a junkyard operation and repairs do occur from time to time at a junkyard. Whatever repair work was going an was incidental to the junkyard operation. He said that you would be proud of the use of the property now but not as a junkyard. He said that the only solution would be to open up the EC-5 zoning district and allow this use in an EC-5 zoning district. Commissioner Brown feels it was a repair facility in the old tradition of country garages. She said that this was not an illegal operation until suburbia moved in. Commissioner Gordon said that she understands both sides and respects their perspectives but she cannot get past the legal analysis that was provided by Geoffrey Gledhill in his letter. She read from his letter as follows: "Although a legal argument can be made that a use permitted in an EC-5 zoning district would be nonconforming to continue when an EC-5 district was rezoned to a residential township, that argument does not help Mr. Wilson. This is because Mr. Wilson's use of the property in 1993 when he purchased the properly from Mr. Combs, after it was zoned EC-5, did not and does not now conform to the uses permitted in an EC-5 zoning district. Mr. Wilson's use of this property then and now can be fairly characterized as a motor vehicle repair garage. The definitions applicable to that use are motor vehicle repair garage and motor vehicle service station. A use table showing the permitted uses in the EC-5 zoning district was included in the agenda material. This use is not a use permitted in the EC-5 zoning district, thus the CombslVl/ilson operation was at all times in violation of Zoning Ordinance. This violation was not cured by the 1990 rezoning." She said that she could not get beyond the legal analysis. Chair Halkiotis said that this has been going on for twenty years. He said that he was going to change his vote and he asked the staff to look at what Commissioner Brown said about a grandfathering case. He would like to know what this case has cost the County. Jahn Link said that, given the comments made by the Board of Caunty Commissioners and other comments made by the public speakers, he suggests that we take the legal opinion of the attorney, the legal opinion of the judge, and ask Mr. Wilson's attorney to reduce his opinion in writing and let the staff pursue this issue again. He suggested delaying this for thirty days with no penalties assessed during that time. Commissioner Carey said that he does not mind delaying this for another 30 days. He is familiar with this area and said that he knows it was once a junkyard. He does not feel that his opinion will be changed. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to table this item for thirty days with no penalties or assessments to Mr. Wilson. VOTE: UNANIMOUS e. Fifteenth Annual CROP Walk A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below: A PROCLAMATION TO CO-SPONSOR THE 15T" ANNUAL CROP WALK WITH THE INTER-FAITH COUNCIL FOR SOCIAL SERVICE AND TO ENCOURAGE ORANGE COUNTY RESIDENTS TO WALK OR SPONSOR A WALKER TO MAKE A DIFFERENCE FOR OUR COMMUNITY WHEREAS, hunger and poverty are serious issues that affect people around the world, in every country, in the United States, in the state of North Carolina, in every community and in Orange County; and WHEREAS, CROP WALK is Community Reaching Out to People, an annual event sponsored nationally by Church World Services, one of the most effective relief services in the world; and WHEREAS, CROP WALK is locally sponsored by the Inter-Faith Council far Social Service; and WHEREAS, CROP WALK is a 10 kilometer walk through the diverse streets of Carrboro and Chapel Hill where anyone who wants to make a difference in the lives of hungry people can walk; and WHEREAS, contributions from CROP WALK will be used for refugees, disaster relief, and self-help projects in more than 80 countries and to support IFC hunger-relief programs such as the Community Kitchen in Chapel Hill and the IFC Food Pantry in Carrboro; and WHEREAS, on Sunday, April 1, 2001 the Inter-Faith Council for Social Service invites walkers from the Orange County to meet in the Carrboro Tawn Commons at 2:OOPM to walk in the 15t" Annual Carrboro--Chapel Hill CROP WALK; and WHEREAS, the Orange County Board of Commissioners encourages residents to become CROPWALKERS or sponsor a WALKER and make a difference far our community and the world; 1VOlN, THEREFORE, BE IT RESOLVED by the Orange Caunty Board of Commissioners that we recognize Sunday, April 1, 2001 as the official day for the 1 fit" Annual CROP 1/IlALK and by proclamation we agree to co-sponsor this event with the Inter-Faith Council for Social Service. This, the 20" day of March 2001. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Long-term Use Plan for Court Facilities at Old Chapel Hill Post Office The Board received a presentation from the Chapel Hill Town Council Committee on the old past office. Kevin Foy summarized the report that is in the agenda packet. The Town recognizes that the building and the space that it occupies on Franklin Street are important public assets. The plaza in front of the building is a gathering place where people have exercised their freedom of speech. He distributed some pictures of the building. He spoke about the back of the building, which is an open lot behind the post office that is at the corner of Rosemary and Henderson Streets. The Town of Chapel Hill believes that it is in the public's best interest that the community continue to have this hub of public activity, but there is a concern that this is underutilized space. He said that there were a lot of vacant offices. The post office would like to stay in the building past the end of their lease in 2004. The Town would like to put the building to better use. The Town would like to work with the Board of County Commissioners and the courts to develop a long-term plan for the use of the Past Office. One of the possibilities is that a building could be built on the lot at the rear of the building. He cited the advantages of the County locating facilities in the center of town. The Town is asking that the County collaborate with the Tawn to see if there is a potential civic use of this property to take advantage of the location and its historic significance. Commissioner Brown asked if there was a proposal for a work group. Kevin Foy said that the Tawn Council had a committee meeting and they thought that they should include the County in the process before a decision was made. The Town would like a sense from the County Commissioners that they are willing to consider looking at this space. The Board asked the County Manager to bring back a proposal on how the County can be involved with this process. John Link suggested that the County Commissioners wait until they hear the space study report that will be coming forward within the next week. From that he will make a recommendation from the Board's input no later than the first meeting in May. ?. PUBLIC HEARINGS a. Orange Caunty Housing Rehabilitation CDBG Program The Board received public comments an the development of the fiscal year 2001 housing rehabilitation program application and considered a resolution authorizing the submission of a formal application. Tara Fikes said that in the fall of last year, the Caunty received ward that it was a recipient of $400,000 from the state CDBG program far a scattered site housing rehabilitation program. After the public hearing, at which no comments were obtained, County officials discussed the program with officials from the Town of Carrboro and the Town of Hillsborough, who are also members of the Orange County HOME Review Program Committee. The committee agreed that it would be in our best interest to operate this new program in the same manner that we operate our existing HOME Housing Rehabilitation Program. The same waiting list will be used and the same program eligibility requirements will also be used. Ten percent of this $400,000 may be used for administration. It is estimated that 14 substandard dwellings can be repaired in the Town of Carrboro, the Town of Hillsborough, or unincorporated areas of Orange County. There were no public comments. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution authorizing the submission of the formal application document on or about March 30, 2001 as stated below; and authorize the Chair to sign the application document on behalf of the Board. RESOLUTION AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the County was notified by the N.C. Department of Commerce -Division of Community Assistance of the award of $400,000 in Scattered Site Housing Rehabilitation funds under the FY 2001 Community Development Block Grant (CDBG} Program; and WHEREAS, an application for funding must be sent to the Division of Community Assistance on or before March 30, 2001 in order to receive the funds; and WHEREAS, grant funds must be used to repair substandard housing in the Towns of Carrboro, Hillsborough, and unincorporated Orange County; and WHEREAS, these towns have expressed an interest in participating in this program with the County; and WHEREAS, there is agreement that this program will operate as an extension of the current HOME funded Orange County Housing Rehabilitation Program utilizing its waiting lists and program eligibility guidelines; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners, that an application for FY 2001 Scattered Site Housing Program grant funds under the North Carolina Small Cities Community Development Block Grant funds is hereby authorized. The funds requested will be used to repair approximately fourteen (14) substandard dwelling units in the Towns of Carrboro, Hillsborough, and unincorporated Orange County. The amount of the request will be $400,000. The application will be submitted on or about March 30, 2001. FURTHER, the Orange County Board of Commissioners authorizes the Chair of the Board to sign the application document on the County's behalf. This, the 20t" day of March 2001. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Budget Amendment #8 The Board approved budget ordinance amendments and a Smith Middle School capital project ordinance, which is incorporated herein by reference. b. The Arts Center Kids' Day Festival The Board approved a funding request from the ArtsCenter to assist in sponsorship for the "Kids' Day Festival." c. Contract with Leaacy Research Associates. Inc. iArchaeolaaical Survey of Little River Park The Board approved and authorized the Chair to sign a contract with Legacy Research Associates in the amount of $7,558 for a survey of cultural and archaeological resources in the Little River Regional Park and natural area. d. Change in Board of County Commissioners Regular Meeting Schedule The Board approved changing its regular meeting schedule to add a work session an March 29, 2001, 7:30 p.m. at the Southern Human Services Center, Chapel Hill. e. Personnel Ordinance Revision -Holiday Worked This item was removed and placed at the end of the consent agenda for separate consideration. f. Application for State Public School Building Funds The Board approved and authorized the Chair to sign an application to the State budget office to release funds from Orange County's public school building capital fund account. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA e. Personnel Ordinance Revision -Holiday Worked The Board considered a revision to the personnel ordinance to provide employees the option of taking time off in lieu of pay for hours worked on holidays. Commissioner Gordon said that it might be better to keep this the way it is instead of changing it because there may be a problem with taking time off. Personnel Director Elaine Holmes said that the policy would allow the department heads the discretion to make a decision whether the time could be granted as time off. John Link said that this was a very important morale item for the employees. Elaine Holmes said that she did talk to the department heads as a group and the department heads felt that they could work with this requirement that those who could allow the time off would, but others would not if the operating requirements did not permit it. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve a revision to the personnel ordinance to provide employees the option of taking time off in lieu of pay for hours worked on holidays. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board considered appointments to the Commission far Women, Historic Preservation Commission, and Orange County Planning Board. Commission for Women A motion was made by Commissioner Gordon, seconded by Commissioner Brown to appoint Terri Allred and Kaye H. Fendt for the term ending June 30, 2004; Stephanie Padilla for the term ending June 30, 2003; and Ida L. Fuller and Susan Lee Simpson for the term ending June 30, 2002 to the Commission for Women. VOTE: UNANIMOUS Commissioner Jacobs would like to fill the other two vacancies. These vacancies will be brought back at the next meeting. Chair Halkiotis made reference to the citizen that spoke at the last meeting regarding the establishment of a Commission for Men in Orange County and said that he would be meeting with him to pursue this idea. Historic Preservation Commission A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to appoint Renee Price for the term ending March 31, 2002; to reappoint Carolyn L. Connor and Ed Flowers for the term ending March 31, 2004. VOTE: UNANIMOUS Orange County Planning Board A motion was made by Commissioner Gordan, seconded by Commissioner Carey to reappoint Barry Katz and Runyon C. Woods for the term ending March 31, 2004; and to hold off on the decision far the at-large position for 30 days and let Leo Allison serve until his successor is appointed. Commissioner Carey would like to see some more applicants, especially since Lea Allison is the last African American an the Planning Board. Commissioner Brown asked if the staff could inquire about the members that do not have a high level of participation to see if they are truly interested in remaining on the Planning Board. VOTE: UNANIMOUS b. Sunrise Springs Preliminary Plan The Board considered a preliminary plan for the proposed Sunrise Springs subdivision. This item was considered by the County Commissioners at the March 6t" meeting. Planning Director Craig Benedict spoke about the different issues brought up by staff at the previous meeting. He explained the difference between public and private roads in regards to this subdivision. He said that staff could not mandate a private road. He said that there was no difference in the cut and fill requirements based on grade for a private versus a public road in this subdivision. Another issue that was brought up at the last meeting was whether or not the subdivision met the standards for a private road. At this time, the staff cannot address the justification for a private road in this case, because it is not a request of the applicant. He said that the regulatory format does not give the staff or the Commissioners the choice to mandate private roads. Administration is recommending approval of this subdivision based on the criteria within the subdivision standards. Commissioner Jacobs verified that the staff or the Commissioners could not mandate a private road even if it was determined that a private road would have less deleterious effect. Citizen Comment Syd Alexander, attorney for the applicant, made reference to his letter of yesterday in response to the issues raised by the Commissioners at the March 6t" meeting about the developerlapplicant's position on a public versus a private road. Betsy Kraus, a resident of Pine Tree Lane, asked Craig Benedict some questions. She made reference to page 26 of the subdivision regulations, under Required Minimum Design Standards, Section IV-B II-C, an drainage and stated it as follows: "Each lot shall contain a suitable building area safe from inundation and erosion. Sanitary sewer systems, septic tank drain fields, water systems, wells, and adjacent properties shall also be protected from inundation from surface water. Roads, driveways, and utilities shall be protected from damage caused by improper storm water management. Mechanical devices, drainage easements, natural buffers, large lots, andlor other technical means may be used to achieve these objectives. Natural drainage ways are the preferred means of storm water runoff removal. The characteristics, including capacity of natural drainage ways shall be protected. Runoff levels from the 25-year storm after the site is developed shall not be greater than the rate of runoff an the same site in its natural state." She asked what was being done in the development to assure that these standards will be complied with. Craig Benedict explained that the staff looks at the impervious area requirements when they review subdivisions. Those standards have been set to provide a reasonable building level for all properties within the County. The standard within the rural buffer has larger lot sizes. Impervious ratios have been regulated so that there are limitations on the amount of ultimate runoff. Drainage ways have been protected in this case as shown in the brown area on the map. There have also been additional drainage devices added to this. Sedimentation traps will be used and level spreaders that would decrease the off-site water flaw volume by creating mare impervious areas or more recharge areas on-site and a lower rate of runoff off-site will be required. Betsy Kraus said that Mr. Dodson told her that he was informed that there is no ordinance protecting him from inundation from this development. She asked about the septic systems proposed for the development. She said that she went to the Environmental Health Department on Thursday and the plat they had was not current and did not show the redrawn lines for lots 7, 8, and 9. She said that she spoke with a planner that indicated that an innovative system has been proposed for the septic system. She asked what kind of innovative system had been recommended and the impacts. Craig Benedict said that originally there were some off-site septic systems on lots 8 and 9. Lot lines were rearranged so that all septic systems would remain on their own lot. There are adequate septic systems on all of the lots. He said that, to his knowledge, the alignment of the lots meet Health Department criteria. Commissioner Brown asked Geoffrey Gledhill to answer the question about runoff to other people's property. Geoffrey Gledhill said that the ordinance as Ms. Kraus read it requires that runoff levels from the 25-year storm shall not be greater than the rate of runoff on the same site in its current state. He said that it was an engineering concept. There would be a claim if there is a problem with runoff if the developer has not designed the project according to the regulations. Steve Herman said that he raised some of the issues with the public road versus a private road and he still feels that there are options and that a road could be built there without cutting into the berm. He said that he wanted to present something else to the Board of County Commissioners. He said that far the past six months, he and his neighbors have fought this development. There has been no County ordinance addressing the highway noise pollution problem, and there is also no option far pursuing a flexible development plan. He asked that the Board of County Commissioners deny the current application. He said that the County's subdivision regulations empower the Board to approve or deny a subdivision application and states that it shall, "base its action on its findings as to conformity with all applicable regulations." He asked that the Board of County Commissioners address "protection of existing vegetation", IVB VIIIC, which reads as follows: "On any land far which application for subdivision approval has been made, no person, firm, or corporation shall remove or cause to be removed any trees or other vegetation except in accordance with approved plans." He spoke about the unauthorized cutting that took place during the application period before the development was approved. He asked the Board to consider this as sufficient legal grounds to deny the current application. He pointed out that the fine imposed on Dr. Diehl was for violation of the County's Sedimentation and Erosion Control ordinance and not for the protection of existing vegetation. He said that Dr. Diehl has invalidated the subdivision application in a way that is beyond correction. Geoffrey Gledhill said that the remedies for violation of the subdivision regulations are those listed in the subdivision regulations and they include injunctive relief, which would require that the trees be planted back; criminal penalties; or civil penalties. Steve Herman asked where this appears in the subdivision ordinance and Geoffrey Gledhill said that the penalties far violation were in VII-E, and he read the section. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the preliminary plan for Sunrise Springs in accordance with the resolution of approval, which is incorporated by reference. VOTE: AYES, 4; NO, 1(Commissioner Brown} Commissioner Jacobs said that he appreciates the efforts by the neighbors and underlined the point made by Mr. Herman about how unfortunate it is that there is no flexible development option in the rural buffer. He thinks the County straightjackets itself in trying to protect more open space by doing this. c. Ashwick Subdivision Preliminary Plan The Board was to consider a preliminary plan far the proposed Ashwick subdivision. However, this item was delayed. d. High Rock Farms Phase 1 Preliminary Plan The Board was to consider a preliminary plan for the proposed High Rock Farms subdivision, phase 1. However, this item was delayed. e. American Stone CompanylOranae Water and Sewer Authority Planned Development Rezoning and Class A Special Use Permit The Board considered an application far a planned development rezoning and Class A Special Use Permit for expansion of quarry operations and a reservoir. Chair Halkiotis painted out that the public hearing is over for this item, and he read the same statement as was read at the beginning of the meeting. Craig Benedict gave background information as included in the agenda abstract. The recommendation of the Planning Board was to approve the rezoning with a 5-4 vote and the recommendation of the Planning Board far the Special Use Permit was to deny with a 5-4 vote. The recommendation of the administration is to approve the rezoning because it is consistent with the implementation of the land use plan that has been adapted previously. Also, the administration recommends that the Special Use Permit is acceptable, contrary to what the Planning Board said for the finding regarding the value of properties in the neighborhood. The evidence provided in the public hearing and any testimony afterwards showed that the maintenance of the property value was being held and there was no evidence that the property would be devalued. There are 51 criteria that are part of the conditions for operations of the special use permit. The administration made four changes or suggestions in those conditions as indicated an page three of the agenda packet. This provides another layer of assurance that if a future Board wants to reverse the rezoning, there would be a conservation easement. The second change has to do with items 27 and 28 an page 70 of the agenda abstract. He read items 27 and 28, which relate to covering of loads. The third change has to do with language in the no fault well repair fund. The change was that there would be a transfer of any unused portion of those monies into the County's general fund. The last change was to add a condition regarding a relationship between the SUP and the present SUP that is in effect as to same or all of the property. Geoffrey Gledhill said that citizens could tabby the Board of County Commissioners to approve or not to approve the project based on the evidence that is already in the record. Citizen Comment Erwin Danziger distributed some information. He made reference to page 58 in the agenda abstract and asked that the 450 pounds per delay be changed to 325 pounds per delay. He said that both Chapel Hill and Carrboro have suggested that the Board of County Commissioners consider expanding the 3000-foot limit that is used throughout the document. He suggested that a 5000-foot limit be used wherever 3000 feet appears in the document. He would like for the County Commissioners to look at the last point, which has to do with the comments made by Geoffrey Gledhill regarding the protection of the property so that it cannot be changed in the future without going through some additional steps. He said that this is an option and he would like to make that mandatory. Geoffrey Gledhill said that Mr. Danziger was referring to the option of the County to add an additional grantee. He explained to Mr. Danziger that this was an option because he did not know if the County could find another grantee that would be interested in accepting a conservation easement for this project. Julie Tucker, a resident who lives near the quarry, pointed out some of the specific questions asked by the quarry neighbors that have not been answered. She made reference to the memo that was submitted by her to the Board yesterday. Some of the issues include: 1) the 3000- foot limit does not have any scientific basis; 2) the relocation of the primary rock crusher; and 3} revision of the environmental impact statement to account for the toxins that were found at levels exceeding the State's safety standards at the abandoned asphalt plant location, which is part of the proposed area of expansion. She questioned that there would be no devaluation of properties. She asked that the Board of County Commissioners not approve this Special Use Permit tonight but thoroughly look at the conditions. She asked that the County Commissioners look out for the interests of the citizens who will be bearing the burden for the rest of OWASA customers. Elliott Cramer made reference to several pages in the agenda abstract and made comments on the information, which indicated that a lot of the information is misstated by OWASA. He made reference to page 100, and noted that the current quarry would have a capacity of three billion gallons in about 15 years, equal to the capacity that OWASA has stated for the expanded quarry. He spoke about his pictures starting an page 111. In summary, he pointed out how the current quarry would have mare than enough water capacity without quarry expansion. He said that the point was that OWASA has been misstating the facts for many years. Commissioner Carey asked about the seven years for the crusher in the pit. Paxton Badham spoke on behalf of American Stone Company. He pointed out the pit an a map and said that the pit is 200 feet deep. He said that they could not operate a crusher in a 200-foot deep pit. They plan to mine in another area for seven years and then put the crusher in that pit, which will take approximately seven years and will alleviate some of the noise. Commissioner Brown asked about the assertion that this SUP would allow American Stone to go beyond the 30 years. Geoffrey Gledhill said that the conservation easement would add a layer of protection to prohibit changing this agreement. Another level of protection would be partnering with another agency for ownership of the conservation easement so that it could not be undone. Commissioner Jacobs asked if there could be an association of the neighbors to be a party to the conservation easement. He said that the County could help create an entity to represent the community. Geoffrey Gledhill said that we could look into that. Abetter deal might be to get a conservation group. He will explore options. The way it is written, there is an opportunity far the County to explore options independent of the permit. Chair Halkiotis asked about the issue of the 3000-foot limit. Mr. Rooks, an attorney for American Stone, said that the 3000-foot figure came in the course of discussions with Carrboro and that there was no scientific basis for it. He said that they would oppose increasing the limit to 5000 feet. Commissioner Jacobs said that he remembers the 3000 feet coming up long before it went to Carrboro as part of the mediation several years ago. He said that it was a compromise in the mediation discussions. He recalls that the boundary was defensible. Erwin Danziger said that the 3,000 feet came in at the very last second and was one of the two reasons that the neighbors did not sign off on the mediation agreement. The Board decided to continue this item to the next meeting on April 3rd Peter Kramer from OWASA asked that this issue be resolved. Commissioner Gordon asked about the information from the staff about the allocation of water. She would like this information as soon as possible. f. Advertisement for Joint Planning Area Public Hearing April 11, 2001 The Board considered authorizing a legal notice for items to be included at the scheduled April 11, 2001 public hearing. Planning Director Craig Benedict explained this item. In summary, this joint public hearing will have four items: 1}the designation of the Greene Tract; 2} switching property from open space to low-density residential; 3) switching property from mixed use and office to an open space designation; and 4) switching property from mixed use to rural residential. These items will be explained with staff memos from Chapel Hill and an analysis from Orange County staff and whatever comments Carrboro may want to make. Another item deals with a request from a property owner and is different from the previous four items. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to authorize the legal notice as presented for items to be included at the scheduled April 11, 2001 public hearing. g_ Use and Access Plan -McGowan Creek Preserve The Board was to consider a use and access plan for McGowan Creek Preserve. However, this item was delayed. 10. REPORTS 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS 143-318.11 (a)(5}. This item was delayed. 14. ADJOURNMENT With no further items for the Board to consider, a motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting. VOTE: UNANIMOUS The next regular meeting will be held on March 28 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. This will be a joint meeting with the two school systems. Beverly A. Blythe, CMC Stephen H. Halkiotis, Chair