HomeMy WebLinkAboutMinutes - 04-17-2001APPROVED 11/7/2001
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
SPECIAL SESSION
April 17, 2001
The Orange County Board of Commissioners met in regular session on Tuesday, April 17, 2001
at 5:30 p.m. in the board room of the Southern Human Services Center in Chapel Hill, North Carolina
for the purpose of meeting with the University of North Carolina staff to hear the University's campus
plan.
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, Assistant to the Clerk Nancy Paciga, and Clerk to the Board Beverly A. Blythe (All other
staff members will be identified appropriately below)
UNIVERSITY OF NORTH CAROLINA-CHAPEL HILL STAFF: Jack P. Evans, Professor of
Business Administration; Susan Ehringhaus, Vice Chancellor and General Counsel; Nancy
Suttenfield, Vice-Chancellor of Finance and Administration; Linda Convissor, and Peter Krawchyk
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE,
WELCOME AND INTRODUCTIONS
Chair Halkiotis welcomed everyone and introductions were made.
PRESENTATION BY UNIVERSITY OF NORTH CAROLINA -CHAPEL HILL
Jack P. Evans made a presentation using a LCD slide projector an the big screen consisting of
59 slides. He gave some background about the planning of the Horace Williams Tract. There have
been meetings every quarter for the past two years. He noted that the Board of Trustees had adopted
the campus master plan. However, the work for the Horace Williams Tract is at a preliminary stage
and has not been presented to the Board of Trustees even in a work session. He said that the full
development of the property would consume several decades and would not happen quickly. He
pointed out that the main campus, as it is now built, occupies only 500 acres, compared to 979 acres
available in the Horace Williams Tract. The concept plan proposes development of fewer than 300
acres of the tract. He pointed out the differences in the JJR plan in 1998 and the current plan. There
is additional land preservation in the current plan of more than 25% of the total land. He pointed out
the rail line to the west of the parcel and said that this was a key to part of the transit solution. He
painted out the public spaces on the tract. There is a former landfill on the site that can be capped
and vented, which could include recreation space. This part of the site could be a set of soccer fields.
There is also a chemical waste site. He noted that the environmental planning was very important in
the project. He then summarized the five precincts of the project -east, central, west, hilltop, and
north precincts. The breakdown of the ultimate development is estimated to be 75°r6 for institutional
and research and 25% for residential, retail, civic, and community spaces. He reemphasized the
amount of time it would take to build out the property.
Jack Evans answered several clarifying questions. He made reference to the neighborhoods
around the property. The project has been presented to the Chapel Hill Town Council, the Carrboro
Board of Alderman, representatives from the school systems, and two presentations have been made
to the campus community. There will be presentations scheduled for anyone from any of the
neighborhoods.
Commissioner Jacobs asked about the civic and community spaces and Jack Evans said that
it would be the playing fields and possibly some area for meeting spaces. The active recreation
space is not included in the 31,000 square feet of community and civic space.
A question was asked about the research and if most of it would be from the private sector and
Jack Evans said that the research could take several forms. There could be private research and also
alliance research with the University.
Chair Halkiotis made reference to the meetings he and the County Manager had with the
Chancellor and his staff and some representatives from the senior center. There have been
discussions aver the years about linking up the aging program in the University and an opportunity to
hook up with the Senior Center in Chapel Hill. He said that the County would continue to pursue this
issue with the Chancellor.
Chair Halkiotis said that 31,000 square feet of open space did not sound like much to the
Commissioners. He spoke about the supportive role the County plays in working with UNC, (i.e.,
issues on Franklin Street, home games, etc.). He made reference to same public hearings where
some citizens expressed concern about affordable housing as a result of this development. He said
that the 1,900 units of housing would be a wonderful addition if they, in fact, provided housing for
people working for the University. One of the concerns is that there will be children as a result of the
housing in the development, which impacts the schools. He asked the representatives from the
University to please keep in mind that what they do has an impact on the County and its legal
responsibility (i.e., classrooms for children, affordable housing opportunities, etc.).
Jack Evans stated that the concepts in this development are consistent with the County's
concerns. He said that this development has to fit into the community.
Commissioner Jacobs said that he appreciates the presentation and hearing the differences
between the concept plans far 1998 and 2000, and that it seems like the current plan is mare efficient
in the use of the land and less invasive and altering of the land. He said that the plan makes it easier
for automobiles to come into the central precinct. He suggested narrower roads and less parking in
the central precinct to discourage cars sa that people have to use public transit.
Commissioner Jacobs asked if there is a southern access and Jack Evans said that there is a
southern access by Seawall School Raad.
ADJOURNMENT
With no further items to discuss, Chair Halkiotis adjourned the meeting at 7:00 p.m. The next
regular meeting is scheduled for this same evening at 7:30 p.m. in the boardroom of the Southern
Human Services Center in Chapel Hill, North Carolina.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC
APPROVED 11!712001
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
April 17, 2001
The Orange County Board of Commissioners met in regular session on Tuesday, April 17, 2001 at
7:30 p.m. in the boardroom of the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Moses
Carey, Jr., Alice M. Gordon, and Barry Jacobs
COUNTY COMMISSIONER ABSENT: Commissioner Margaret W. Brawn
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
Chair Halkiotis added the following sentence to the closed session: "To consult with an attorney
retained by the Board in order to preserve the attorney client privilege between the attorney and the
Board," NCGS § 143-318.11(a)(3) in the case of Orange County versus CP&L.
Commissioner Gordon would like to discuss item 10c, Board of County Commissioners Open
Space Task Force, and not receive it as information only. This item will be addressed as 10a.
PUBLIC CHARGE
Chair Halkiotis read the public charge.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters not on the Printed Agenda
Martha Oxenfelt was representing the Commission for Women and gave an update on the
Wheels for Work program. She said that they were able to hire Mr. William Matthews, who had just
retired from 30 years in the army as a transportation officer. He has organized the program, which aids
low-income families in paying for car repairs. She said that Mr. Matthews has made many community
presentations, which were very well received and he has made connections all over the County. Eight
car dealerships in the County have agreed to send car donors to the program when they would benefit
more from a tax write off than atrade-in. These dealerships have also agreed to provide car inspections
far Wheels for Work. All of the local newspapers have been very enthusiastic about the program as well.
Unfortunately, this program has been at the mercy of help from other organizations and it was thought
that it might be better for the Commission for Women to have its own 501 c3 status. Human Rights and
Relations Director Annette Moore agreed to pursue this, and all the documents have been signed. The
organization will be called Friends of the Commission for Women, which means that the Commission for
Women can receive donated cars and give the official notice for a tax write off. They still hope to have
alliances with other organizations, but they no longer depend solely an these alliances.
Louis B. Coble spoke representing People for Progress from the Buckhorn Road area and
said that they have been working on solving their sewer and water needs. They have met with both
sides who could help them with their situation with no results. He would like to know what the Board of
County Commissioners could do to move their project forward. He gave his contact information to John
Link.
b. Matters on the Printed Agenda {These matters were considered as the Board addressed
the items on the agenda below.)
3. BOARD COMMENTS
Commissioner Gordon noted that she was in the Southern Human Services one day at lunchtime
and realized that there is not any healthful food in any of the vending machines. This was referred to the
staff.
Commissioner Gordon reported that the Metropolitan Planning Organization {MPO) of which she is
a member approved the Transportation Improvement Plan {TIP}. The TIP follows atwo-year cycle. After
Orange County submits a list of projects for the MPO, the MPO develops a regional priority list and the
state develops a regional priority list and the state develops a list. For local roads, the MPO relies heavily
on the preferences stated by local jurisdictions in which the roads are located. The list that Chapel Hill
forwarded included Estes Drive, which was higher on the regional priority list than Elizabeth Brady Road,
which is in Hillsborough's jurisdiction. The state increased the priority of Elizabeth Brady Road to be
higher than Estes Drive. This was discussed at the MPO meeting and it was negotiated with the state.
In the end, the NCDOT authorities said that it was important to keep Elizabeth Brady Road where it was.
The TIP was approved, but the MPO asked that the work done by the stakeholders group would be
included. The Town of Chapel Hill inserted a clause that if any additional funds were available, it would
be given to the Estes Drive extension and that the extension would receive favorable treatment in future
TIPs. She said that she and Chair Halkiotis were going to ask the staff to try to get a regular one-page
update of significant items that come out of the Transportation Advisory Committee and distribute it to
the Commissioners.
Commissioner Gordon asked Beverly A. Blythe to get together the number of meetings the
Commissioners have had this year. The number of meetings on the approved calendar is 50, with total
added meetings of 11. She pointed out that the County Commissioners are working hard. She also
noted that we have a policy of having an automatic adjournment time of 10:30 p.m. and only by the
unanimous consent of the Commissioners can that be changed.
Commissioner Jacobs said that at the EDD work group, they talked about transportation planning
and noted that the way that DOT does thoroughfare plans is to leave counties out of the loop. He said
that having mare of a planning approach would be more appropriate.
Commissioner Jacobs said that, regarding adjournment time, he feels like he is always willing to
stay later and keep working.
Commissioner Jacobs noted that each County Commissioner has received a copy of the
preliminary report of the Library Services Task Force, which has been a very active group. If this is not
addressed tonight, it is on the agenda for the 25t".
Commissioner Jacobs also pointed out that this is a week of remembrance for the Holocaust. He is
pleased that the County proclaims Armenian Martyrs day each year. He said that this also stands for
many of the other people in various places and times who have experienced similar kinds of prejudice.
Chair Halkiotis made reference to the comments about Elizabeth Brady Road, and said that at a
future work session there should be a discussion about whether the County should begin taking a
position for all of the jurisdictions.
Chair Halkiotis said that gas has increased by 25 cents in the last two weeks and that it is
supposed to be $2.00 per gallon by July. He would like to do a letter to the legislative delegation to ask
someone at the state level to look at this situation.
4. COUNTY MANAGER'S REPORT
John Link recognized Bobbie Underwood and Linda Strickland from the Department of Revenue for
achieving the certificate as assistant tax collectors.
5. RESOLUTIONSIPROCLAMATIONS
a. Proclamation for Armenian Martyr's Day
The Board considered proclaiming April 24t" as Armenian Martyrs Day.
Chair Halkiotis suggested broadening this proclamation in future years to include Holocaust
victims and other victims.
Pat Casper, Vice-Chair of the Human Relations Commission, read the proclamation.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
and authorize the Chair to sign the proclamation as stated below, which proclaims April 24t" as Armenian
Martyrs Day.
A PROCLAMATION
for
ARMENIAN MARTYRS DAY
WHEREAS, between 1915-1923, the extermination of mare than one and one-half million
Armenians and the deportation of countless other Armenians took place by the Ottoman Turks;
and
WHEREAS, during this atrocity, Armenians were forced to witness the slaughter of their relatives
and the loss of their ancestral homelands; and
WHEREAS, Armenians assert that the government of modern-day Turkey refuses to recognize
the facts of genocide; and
WHEREAS, the denial of the Armenian genocide by the present day Turkish government serves
to taint the history and disavows Armenians of the right to their homelands and heritage; and
WHEREAS, ancestral Armenian lands taken by the Ottoman Turks have not been returned to the
Armenian people, nor have the Armenians received compensation for their losses; and
WHEREAS, Armenians traditionally designated April 24t" as ARMENIAN MARTYRS DAY, in
recognition and remembrance of those who died during the Armenian genocide; and
WHEREAS, it is important to remember history so that mistakes of the past are not repeated for
future generations;
NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim April 24t", 2001 as
Armenian Martyrs Day and commend this observance to all Orange County citizens.
THIS, THE 17T" DAY OF APRIL 2001.
VOTE: UNANIMOUS
b. Resolution of Under- and Over-payment of Tax
The Board considered a resolution allowing the tax collector to write off up to $1.00 in under-
payment and absorb up to $1.00 in over-payment of property taxes.
Assistant County Manager Rod Visser presented this item.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the resolution as stated below, which will allow the tax collector to write
off up to $1.00 in under-payment and absorb up to $1.00 in aver-payment of property taxes.
RESOLUTION
AUTHORIZING ORANGE COUNTY TAX COLLECTOR TO TREAT SMALL UNDER AND
OVERPAYMENTS AS PAID IN FULL PURSUANT TO NORTH CAROLINA GENERAL
STATUTE SECTION 105-357c
Whereas, N. C. General Statute 105-357c of the Machinery Act permits, by resolution approved by the
Board of County Commissioners, the Tax Collector to treat small underpayments (one dollar or less) of
taxes as fully paid and to not refund small overpayments (one dollar or less) of taxes unless the taxpayer
requests a refund before the end of the fiscal year in which the small overpayment is made subject to the
limitations and requirements set forth in such statute; and
Whereas, the Orange County Board of Commissioners by the resolution authorizes the Tax Collector to
adjust small underpayments and overpayments as set out in N. C. General Statute 105-357c for all taxes
levied far 2001-2002 fiscal year, and for all previous fiscal years, and shall continue in effect until
repealed or amended by resolution of the Orange County Board of Commissioners.
This, the 17t" day of April 2001.
VOTE: UNANIMOUS
c. Endorsement of Letters to Soft Drink Manufacturers Urging More Recycling of their
Containers
The Board considered a resolution endorsing a campaign by the GrassRoots Recycling
Network to encourage container recycling by soft drink manufacturers.
Rod Visser presented this item.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
and authorize the Chair to sign the resolution as stated below, which endorses a campaign by the
GrassRoots Recycling Network to encourage container recycling by soft drink manufacturers.
A RESOLUTION ENDORSING GRASSROOTS RECYCLING NETWORK LETTERS
TO SOFT DRINK MANUFACTURERS URGING THEM TO INCREASE RECYCLED
CONTENT AND THE RATE OF RECYCLING OF THEIR CANS AND BOTTLES
Whereas, Orange County has a commitment to achieving a waste reduction rate of 61 °lo per capita by
2006; and
Whereas, recycling as a means of waste reduction can be achieved only when there are sound markets
for the materials collected for diversion; and
Whereas, industry has a significant role to play in determining the demands for use of the recyclable
materials; and
Whereas, industry also shapes the demand far product and the types of containers it is packaged in;
Now, be it therefore resolved, that the Orange County Board of Commissioners endorses the attached
GrassRoots Recycling Network letters urging soft drink manufacturers to increase the recycled content of
their plastic containers to 25% post-consumer waste and increase the rate of container recycling to 80°10.
This, the 17t" day of April 2001.
VOTE: UNANIMOUS
d. Efland Area Sewer System Overall System Plan Resolution
The Board considered a resolution on the boundaries of the Efland sewer system plan.
Commissioners Gordon and Jacobs made amendments to this resolution specifically related
to the designation of lots, which were sa Hated by County Attorney Geoffrey Gledhill.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve and authorize the Chair to sign the resolution as stated below with the changes to the map and
resolution as discussed, which confirms and ratifies the mapping delineation of the boundaries of the
current overall system plan for the Efland sewer system.
RESOLUTION DOCUMENTING THE STATE OF THE OVERALL SYSTEM PLAN
FOR SEWER COLLECTION TREATMENT SYSTEM TO SERVE THE EFLAND AREA
OF ORANGE COUNTY
Whereas, on November 20, 1984, the Orange County Board of Commissioners resolved to construct
Phase I of the Efland Sewer Systems which in its boundaries and in its engineering consisted of Phase I
of the John R. McAdams Company Water and Sewer Extension Feasibility Report; and
Whereas, on September 30, 1986, the Orange County Board of Commissioners approved boundary and
design changes to the overall system plan when it approved design changes recommended by the
Revised Preliminary Engineering Report of the Project prepared by Hazen and Sawyer, P. C., Engineers
and the addition of what was designated as Phase II in the McAdams Report and the joining of the
eastern and western portions of what was designated as Phase I in the McAdams Report; and
Whereas, on March 8, 1993, the Board of Commissioners of Orange County approved a boundary and
design change to the overall system plan when it approved the single public purpose, linear system
extension to serve the Hancor manufacturing facility; and
Whereas, on October 1, 1996, the Board of Commissioners of Orange County approved a temporary
design change to the overall system plan when it approved the single public purpose, temporary
forcemain connection to serve Lloyd's Car Wash; and
Whereas, on August 25, 1997, the Orange County Board of Commissioners approved a Bond Order for a
sewer system expansion related to the Efland Area Sewer System (approved by the voters of Orange
County on November 7, 1997), which ratified the commitment of the Orange County Board of
Commissioners to the overall system plan's inclusion of Phase I West, Phase I East, and Phase II as
recommended in the Revised Preliminary Engineering Report of the Project prepared by Hazen and
Sawyer, P. C., Engineers; and
Whereas, on September 7, 1999, the Board of Commissioners of Orange County approved a boundary
and design change to the overall system plan when it approved the single public purpose, linear system
extension to serve the Barber and Ross manufacturing facility; and
Where, on August 15, 2000, the Board of Commissioners of Orange County approved a boundary and
design change to the overall system plan when it approved the sewer system extension to serve the
Richmond Hills Subdivision; and
Whereas, the present overall system plan boundary is illustrated on the map which is an exhibit to this
resolution and includes Phase I West, Phase I East, Phase II, the Hancor extension, the Barber and
Ross extension, and the Richmond Hills extension.
Now Therefore Be it Resolved by the Board of Orange County Commissioners:
1. The Efland Area Sewer System overall system plan boundary is confirmed and ratified to
include Phase I West, Phase I East, Phase II and the system boundary extensions all as shown
of the Efland Area Sewer Overall System Plan map which is an exhibit to this Resolution.
2. The overall system plan design is the design for Phase I West, Phase I East, and Phase I I per
the Hazen and Sawyer report together with the design approved by the Orange County Board
of Commissioners for the Hancor, Barber and Ross, and Richmond Hills extensions together
with the temporary forcemain connection for Lloyd's Car Wash (this connection is subject to all
of the terms and conditions of the October 1, 1996 Resolution).
This, the 17th day of April 2001.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS -NONE
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. Minutes
The Board approved the minutes from the following meetings: June 6, 2000 regular meeting;
June 7, 2000 budget work session; June 13, 2000 budget work session; June 15, 2000 budget work
session; June 20, 2000 budget work session and public hearing; June 29, 2000 regular meeting; August
15, 2000 regular meeting; August 28, 2000 quarterly public hearing; August 30, 2000 work session; and,
Sept. 5, 2000 regular meeting.
b. Motor Vehicle Property Tax Refunds
The Board approved six requests for property tax refunds in accordance with the refund
resolution incorporated herein by reference.
c. Classification Plan Amendment -Revenue Technician Title Change
The Board approved amending the classification and pay plan to change the title of the
existing class of revenue technician I I at salary grade 64 to deputy tax collector, salary grade 64, and
change the title of the existing class of revenue technician I at salary grade 63 to revenue technician,
salary grade 63.
d. Contract with OCR, Inc. (Orange County Speedway)
The Board approved and authorized the Chair to sign a contract with OCR, Inc. to provide
emergency medical services at events and races.
e. Contract with Orange County Raceway, Inc. iKartway}
The Board approved and authorized the Chair to sign a contract with Orange County
Raceway, Inc. (Kartway) to provide emergency medical services at races and events.
f. Water and Sewer Management, Planning and Boundary Agreement
The Board approved and authorized the Chair to sign the resolution as stated below, which
approves the Water and Sewer Management, Planning, and Boundary Agreement and to transmit the
resolution to Carrboro, Chapel Hill, Hillsborough, and OWASA for approval by the governing boards of
each of those governments of the Agreement.
RESOLUTION
WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA have worked for a number
of years toward developing a Water and Sewer Management, Planning, and Boundary Agreement; and
WHEREAS, the work of a task force created to recommend an agreement has been considered on
several occasions by each of the governments that will become parties to the agreement; and
WHEREAS, each of the concerns of the governments has been addressed, to the extent possible, in the
version of that agreement that is Exhibit A to this resolution.
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners approves the form and the
substance of Exhibit A, the Water and Sewer Management, Planning and Boundary Agreement, and
hereby transmits it to the governing boards of Carrboro, Chapel Hill, Hillsborough, and OWASA for
concurrence with the form and the substance of the Agreement.
This, the 17th day of April 2001
rte. University Mall Recycling Drop-off Site Agreement
The Baard authorized the Chair to sign an agreement which will reimburse the owners of
University Mall for expenses in the relocation of the previous recycling drop-off site so that Orange
County Solid Waste Management may use University Mall as a drop-off site until Jan. 30, 2015.
h. Solid Waste/Landfill Engineering Services Contract Addendum
The Board extended an agreement with Joyce Engineering for consulting services associated
with permitting and construction of the planned construction and demolition {C&D) landfill on Eubanks
Road, and other general consulting services.
i. Renewal of Consolidated Agreement between State Department of Health and Human
Services and Orange County Health Department
The Board approved and authorized the Chair to sign an annual agreement with the state
Department of Health and Human Services which provides state and federal funds to help support
mandated services.
L Trust for Public Land Assistance with November Bond Referendum
The Board approved accepting the assistance of the Trust for Public Land with the proposed
November 2001 bond referendum.
k. Proposed New Plannina Proiects Coordinator Position
This item was removed from the Consent Agenda and considered below.
I. Development of Soccer Field at Mapleview Farm
This item was removed from the Consent Agenda and considered below.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
k. Proposed New Plannina Protects Coordinator Position
The Board considered establishing a new permanent full time Planning Projects Coordinator
{planner II) in the Planning and Inspections Department.
Commissioner Gordon asked if this person is the one who will help with the Comprehensive
Plan and the Schools and Land Use Council and Planning Director Craig Benedict said that this person
will perform duties dealing with Baard of County Commissioners goals, associated research activities,
and presentation materials. There will be an additional position recommended for help with the
Comprehensive Plan.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve the proposed new permanent full time Planning Projects Coordinator position effective April 17
2001.
VOTE: UNANIMOUS
I. Development of Soccer Field at Mapleview Farm
The Board considered authorizing the possible development of a soccer field at Mapleview
Farm.
Diane McDuffie, Carrboro Alderperson, said that she chaired the committee made up of
soccer groups in Orange County that prepared the report. Rainbow Soccer, Triangle Football, and
Durham/Chapel Hill Strikers participated in the committee. She spoke about the interest in Orange
County for soccer and the increasing diversity of players in the County. In Orange County, there are
community non-profit groups who provide soccer programming for all segments of the community. She
said that even though the Parks and Recreation departments da not have to provide the programming far
soccer, they should still provide the fields and the facilities because these groups are moving hundreds
of children daily to nearby counties that do provide the facilities. She said that when Bob Nutter and his
wife offered some land for development of soccer fields, the community non-profit groups stepped
forward and offered to share the cost of the development of this field with the County. The details are in
the report. She hopes that the upcoming bond referendum will include funds for development of enough
soccer fields that will allow Orange County soccer players to stay in Orange County.
Chair Halkiotis and Commissioner Gordan thanked the Nutters for providing this land in a ten-
year lease at $1 per year.
Commissioner Jacobs made reference to the attempt to include the Hispanic community. The
league that had been playing in Orange County disbanded. He said that there was provision made by
the other groups to accommodate the needs of the Hispanic community in Orange County should they
decide to take advantage of it in this instance.
Commissioner Jacobs suggested having a public information meeting so that we can let the
neighbors know what we are planning and explain that the field will have limited use, no lights, and
minimum impact on the community.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to support
the publiclprivate partnership concept outlined in the abstract far the development of one full-size field at
Mapleview Farm. John Link will come back to the Board with a detailed proposal.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Appointments
The Board considered appointments to the Orange County Planning Board.
Commissioner Jacobs nominated Maria Tadd. Commissioner Carey supports this nomination
and hopes that, as more seats become vacant that we try to provide diversity on this board.
VOTE: UNANIMOUS
b. Use and Access Plan -McGowan Creek Preserve
The Board considered a staff proposal for the future public use of and access to the
McGowan Creek preserve.
Land Conservation Manager Rich Shaw made this presentation. This is the revised plan.
The McGowan Creek Preserve is a 63-acre tract of land located west of Hillsborough and north of US
70. The County purchased this land from Duke University last year for the purpose of water supply
protection and for low impact recreational uses. The entire site is wooded and was managed as part of
Duke Forest since acquired by Duke in the 1930's. The proposed plan includes ideas for an
entranceway, a small parking area, picnic tables, walking trails, and signage to explain features of the
site. The revised plan incorporates the Board comments made last October -recognition of the need for
trash and recycling receptacles, key information on signs in Spanish, signs including important features
of the property, and a turnaround lane for eastbound traffic. Some of the next steps are to solicit bids for
the park development and determine the actual costs; submit a formal application to the NCDOT for the
driveway entrance, the turn lane, and the turnaround; and engage in communications with Orange-
Alamance about the potential for expanding some of the trails on the properly down to McGowan Creek
itself, which is on Orange-Alamance land. The Manager recommends that the Board authorize staff to
solicit bids for park development and determine the costs of implementing the plan. The Manager also
recommends that the Board authorize staff to initiate communications with Orange-Alamance Water
Systems about the potential expansion of hiking trails that could link the property to McGowan Creek.
Commissioner Jacobs offered assistance by the Commissioners in speaking with NCDOT
about the turnaround lane.
Commissioner Jacobs made some comments about the proposed rules, which were so noted
by Rich Shaw.
Chair Halkiotis suggested asking the Sheriff to assist in securing the site at night and
patrolling the site.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
authorize staff to solicit bids for park development and determine the costs of implementing the plan, and
to authorize staff to initiate communications with Orange-Alamance Water Systems about the potential
expansion of hiking trails that could link the property to McGowan Creek.
VOTE: UNANIMOUS
Commissioner Jacobs asked about the timeframe far the preserve to open to the public and
Rich Shaw said that it was doable by the fall if the funds were identified.
c. Hillsborough Area Economic Develapment Node - CP-1-01 -Expansion of the I-40/Old
N.C. 86 Economic Development Activity Node and CP-2-01 -Creation of a new Node in the
Vicinity of I-85 and N.C. 86
The Board considered a Planning Board recommendation on proposed comprehensive plan
amendments concerning the Hillsborough area activity node.
Planning Director Craig Benedict made the presentation for this item and items d, e, and f.
These items have to do with the Hillsborough area Economic Development District, which is located on I-
85, I-40, Old NC 86, and New NC 86. The public hearing on these items continued to the Planning
Board, and the Planning Board has heard the amendments and sent the recommendations to this Board.
In all cases, the Planning Board recommended approval with a similar recommendation of the
administration to delete area 3a from the zoning amendments. This has to do with the Chandler
Concrete area, some single-family residences near the Hampton Pointe project, and the truck stop area.
There are a lot of existing uses in this area and there are some special use applications in effect. He
explained the background and history of these items.
Craig Benedict said that this item has to do with comprehensive plan changes. This proposal
is adding area 1, area 2, area 3b, area 3a, and area 3c to the Economic Development guidelines. These
are land use changes only. The suggestion is to rezone all of the properties, except area 3a, to
Economic Development-Limited Office-1. An abridged EDD manual has also been developed that sets
forth the specifics of site analysis.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
the proposed comprehensive plan amendments CP-1-01 and CP-2-01 concerning the Hillsborough area
activity node.
VOTE: UNANIMOUS
d. Establishment of EDD Subdistricts and Development Regulations
The Board considered proposed EDD subdistricts and text amendments for the proposed
Hillsborough Economic Development District.
Commissioner Gordan feels that these amendments are very complex. She suggested
adding a section seven to page 17 which says, "This ordinance will be reviewed by the staff and the
Board of County Commissioners two years from the effective date of the ordinance with respect to the
effectiveness, including the role of the master plan process, ease of utilization by citizens, developers,
and other appropriate dimensions." Craig Benedict agreed with this addition. Geoffrey Gledhill
suggested saying, "on or before two years."
A motion was made by Commissioner Gordon to approve the proposed EDD subdistricts and
text amendments for the proposed Hillsborough Economic Develapment District, with the addition as
stated above.
Commissioner Jacobs made reference to page 33 and suggested that the Planning Director
check to make sure that the shaded areas are properly reflected. He seconded the motion with this
addition.
VOTE: UNANIMOUS
e. Non-residential Anaroval Procedure for Subdivision. Zonina and Economic
Development Ordinance Amendments
The Board considered proposed approval procedure amendments for the economic
development, commercial, andlar industrial districts amendments in the subdivision, zoning ordinance,
and economic development district design manual. He made reference to the subdivision regulations and
said that they were suggesting changes that would have all subdivisions with non-residential activity
come to the Board of County Commissioners with a set of criteria that would ensure joint access
between properties, limited access to major highways, and an evaluation of shared accesses.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
the procedure amendments for the economic development, commercial, and/or industrial districts
amendments in the subdivision, zoning ordinance, and economic development district design manual.
VOTE: UNANIMOUS
f. Hillsborough Area Economic Development District Atlas Amendments
The Board considered zoning atlas amendments of properties in the proposed Hillsborough area
economic development district. Craig Benedict spoke about the process of planned development, which
is bringing forth a rezoning application and a special use permit together concurrently. The moratorium
for development was extended to April 18t" for areas A, 1, and 2. The moratorium will not be extended
again.
Craig Benedict reiterated that these amendments do not include area 3a.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve zoning atlas amendments of properties in the proposed Hillsborough area economic
development district.
VOTE: UNANIMOUS
~ OWASA and Orange County Jordan Lake Allocations
The Board considered the future allocation of raw water from Jordan Lake.
County Engineer Paul Thames presented information regarding the future allocation of raw
water from Jordan Lake. He said that the North Carolina Environmental Management Commission is
currently conducting a third round of allocation requests for raw water supplies from Jordan Lake. The
third round of the allocation process requires that all entities having an existing Level II allocation reapply
to preserve their allocations by April 30t". These applications must provide detailed projections as to
water demand and water supply capacity as justification for requested allocations. He said that the
actual value of the water allocation from Jordan Lake is between $30,000-40,000. The County is making
interest payments on this at about 6% as well as paying a management fee to the Division of Water
Resources and the Corps of Engineers.
Commissioner Gordon asked Paul Thames about his recommendation. Paul Thames said
that he recommends that the County not pursue the allocation of water from Jordan Lake because it
means that Orange County is going to become a water customer of some water provider outside the
basin (City of Durham, City of Burlington, OWASA, or Chatham County). He said that it would almost be
as easy to buy a million gallons of water without the allocation as it is to buy it with the allocation.
Commissioner Gordon thinks that it could be important in the long run to maintain the
allocation.
Commissioner Jacobs said that he feels that if we kept our allocation that it may be possible
for it to be traded to Durham through a system that is already hooked up to Hillsborough in central
Orange County. Another advantage of having an allocation is that the County would still be a player in
the discussions about how the resource would be managed and protected, since one of the
Commissioners' responsibilities is to protect the watershed that feeds Jordan Lake. He feels we should
continue to be involved in the process and try to reserve an allocation.
Commissioner Gordon said that the County should support OWASA's request of five million
gallons per day. She would like to try to build a case for the need of one million gallons per day far
Orange County.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to support
OWASA's request of an allocation of five million gallons per day and that the staff come back at the April
25tH work session with a proposed application far continuing the one million gallon per day allocation
from Jordan Lake for Orange County.
VOTE: UNANIMOUS
h. High Rock Farms Phase One Preliminary Plan
The Board considered a preliminary plan far High Rock Farms Phase One. Craig Benedict
presented this item. This property is located on the south side of High Rack Road in Cheeks Township
between Ira Road and Mill Creek Road. Phase one would include 17 residential lots proposed on a
36.07-acre tract. The total acreage is 55 acres with 34°10 open space proposed for the entire project.
This phase will contain 21 acres of the 55 acres, which represents 38°~ of the total project open space.
As future phases are proposed the open space component will decrease as a percentage. The current
zoning is Rural Residential (R1), which has a minimum lot size of 40,000 sq. ft.
Tany Whitaker spoke representing the applicant. He said that the Planning Board concerns
stemmed from a concern about the well that the applicant proposed to drill for Orange-Alamance Water
System, in exchange for the water service, pursuant to an agreement that the applicant had with Orange-
Alamance. The well was to be a deep community well. To his knowledge, the concerns about
groundwater level in the area had to da with that specific well, which is no longer proposed in this project.
Commissioner Jacobs made reference to the Planning Board minutes and quoted them as
follows: "He said that as a rule, it is better to have single point discharges from deep wells." Tony
Whitaker acknowledged that the quote was correct.
Tany Whitaker said that the concern at that paint was whether a single point well of this
nature impacts the groundwater level more than something more conventional such as individual wells.
He does not have a concern about groundwater levels in this area from only 17 lots.
Commissioner Jacobs asked that the negative votes be identified. He also asked about
access to open space and a walking plan throughout the subdivision. Craig Benedict said that there
would be access to open space through the different areas in future phases. Regarding sidewalks, DOT
does not have any standards for sidewalks within their right-of-way because they will eventually maintain
the public right-af-way there. He said that sidewalks could be put in on private property if a homeowners
association were to take responsibility for it. There would have to be a perpetual plan for maintaining the
sidewalks. There will be a small pocket park in the subdivision.
Commissioner Jacobs pointed out that once this subdivision is developed, this area would be
a suburban area and not a rural area. He said that we continue to make it so that the only way that
people can go from place to place is by vehicle.
Tony Whitaker answered questions for Commissioner Carey about the location of the open
space, the park area, and the access to that area.
Tony Whitaker made reference to the sidewalks and said that this was mainly a residential
area and there was na access to suburbia.
Commissioner Gordon said she understood the concerns expressed by Commissioner
Jacobs, however, she does not know anything in the regulations that require anything more than what
has been granted by the applicant in terms of the pedestrian policy or the water.
Chair Halkiotis asked if we have required any subdivisions to have sidewalks. Craig Benedict
said that we have required sidewalks in some preliminary plans within the transition area where there are
smaller lots.
Chair Halkiotis asked the Planning Director to investigate the issue of sidewalks and bring
back some recommendations.
Environment and Resource Conservation Director David Stancil said that the USGS
groundwater resource investigation has been completed by the Water Resources Committee. He said
that the report would not give acase-by-case sense of the availability of groundwater, but will provide a
contour map.
Chair Halkiotis noted that the County has been unsuccessful for the past eight or nine months
in getting together with Orange-Alamance Water Systems to talk about the water issues in this area.
John Link recommended that this item be postponed to the second meeting in May and that
the groundwater report be presented the first meeting in May. Before that meeting, the USGS
groundwater report can be presented. He emphasized the point raised by the Planning Director in that
this report cannot specifically determine if a piece of property is sustainable far any number of wells. He
has doubts that the report will give any definitive information about this particular site.
Commissioner Gordon does not feel that the regulations would permit the County
Commissioners to deny this Preliminary Plan on the basis of water or sidewalks.
Commissioner Jacobs asked the Manager to contact our Division Engineer of DOT to pursue
the issue of appropriate signage to protect children walking in the road.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to table this
issue until the second meeting in May.
VOTE: UNANIMOUS
10. REPORTS (information Only. To be addressed at April 25 tNork Session)
a. Community College Task Force Report and Financial Information
Commissioner Carey asked that this report be specifically addressed at the next meeting.
b. Library Task Force Preliminary Report
Library Director Brenda Stephens made reference to the findings on page one. There are
three basic findings. Item C is the only significant capital expenditure, which is a two-story records
center in Hillsborough.
This will be discussed in detail an April 25tH
c. Preliminary Report of BOCC Open Space Task Force
David Stancil summarized the changes as noted by the County Commissioners last evening.
He asked for clarification on Phase II of the Efland-Cheeks Park and if was to be a short-term priority of
the Board for possible inclusion to the Capital Needs Task Force or a long-term priority.
Commissioner Jacobs said that the citizens consider Phase II of the Efland-Cheeks Park a
short-term priority and that it will be referred to the Capital Needs Advisory Task Force.
David Stancil explained the two options of the allocation of bond funds for the Board's
consideration. Option 1: The County will strive to ensure that, between 1995 and 2010, bond funds for
parks and open space are proportionally balanced between the Chapel Hill-Carrboro City Schools district
and the Orange County Schools district, based on the population in these districts in the 2000 Census.
Option 2: The County will strive to ensure that, between 1995 and 2010, band funds far parks and open
space are proportionally balanced between Chapel Hill Township and the other six townships, based on
the population of those townships in the 2000 Census.
Commissioner Jacobs favors option two. He proposes the time period of 2000-2010.
Commissioner Gordon suggested going with option one because of the schoollpark concept
and that the School/Park Reserve Funds be used. She thinks that if we capture the 1997 bond funds we
should include the SportsPlex.
Commissioner Jacobs does not feel that the SportsPlex is either a park or open space. He
thinks that a map of the townships is easier for citizens to understand than a map of the school districts.
Chair Halkiotis is supportive of option two, beginning with 1997 rather than 1995.
Commissioner Jacobs made reference to page iii, item C and suggested the following
change: "The Task Force concurs with this recommendation, and recommends that at least half the
parks funds allocated from the upcoming November 2001 bond referendum be devoted to land
acquisition and land preservation." This is also under item A on the page labeled, "Short-Term
Priorities."
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
endorse the preliminary report of the Board of County Commissioners Open Space Task Force with
changes and advance it to the Capital Needs Advisory Task Force.
VOTE: UNANIMOUS
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to go into
Closed Session "To consult with an attorney retained by the Board in order to preserve the attorney
client privilege between the attorney and the Board," NCGS § 143-318.11 {a)(3) in the case of Orange
County versus CP&L."
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items for the County Commissioners to consider, a motion was made by
Commissioner Carey, seconded by Barry Jacobs to adjourn the meeting at 10:45p.m.
VOTE: UNANIMOUS
The next meeting will be held on April 25 at 7:30 p.m. at the Southern Human Services Center in
Chapel Hill, North Carolina.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC