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HomeMy WebLinkAboutMinutes - 05-15-2001APPROVED 12/11/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 15, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, May 15, 2001 at 7:30 p.m. in the F. Gordan 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 Chair Halkiotis made reference to the green sheet and said that item 8-f had been deleted. Commissioner Gordon moved item 10-a, School Population Projections, to the first item on the decision agenda right before Appointments. PUBLIC CHARGE Chair Halkiotis read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda -NONE b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Jacobs said that he and Chair Halkiotis met with the Chatham County Commissioners last week about issues of mutual concern. Today, they met with Orange-Alamance Water and discussed many issues of mutual concern and it was a very goad meeting. Orange- Alamance was willing to talk about long-range plans and how they might work with the County in land use planning. Orange-Alamance will bring the matters to their Board of Directors at their meeting on May 31St Commissioner Jacobs said that Commissioner Carey, Chair Halkiotis, John Link, and he went to a legislative meeting last week. Part of the update was that the State Government is projecting a deficit next year of approximately 'h billion dollars. They also met with three of our legislators. He spoke about the apathy of one of the power brokers in the Senate and the sarcasm of the President Pro Tem. He was not impressed with the way the State legislators were dealing with the financial issues. Commissioner Jacobs asked the staff to give a report at the next meeting on what happened with Durham and the annexation proposal into Orange County. He would like to know the disposition of this and where the staff discussions are with Durham regarding the annexation and the provision of water and sewer service into Orange County. Commissioner Jacobs made reference to the Comprehensive Land Use Plan update and said that he hopes that we might consider moving up the consideration of a unified ordinance so that we have more of the flexibility and negotiating leverage that is available to us in the special use permit process as opposed to strictly following the subdivision process. Commissioner Gordan asked about the recommendation concerning the County's Jordan Lake allocation and also the OWASA allocation. She would like to know when this will be discussed. John Link said that the County Engineer was preparing this information. Commissioner Gordon said that in the County Commissioners' packet there was a little more information on the School Population Projections. She said that she wrote a memo to the County Commissioners, which basically gave them some additional information on such things as student capacity and square footage. Chair Halkiotis said that the meeting with the Chatham County Commissioners was very useful. He met with Chairperson Gary Phillips and Commissioner Margaret Pollard. They discussed the passibility of working with Alamance and Chatham Counties in doing something with Haw River. Chair Halkiotis made reference to the meeting today with Orange-Alamance and said that it was very productive. He hopes that Orange-Alamance chooses to join the County in developing a small area plan to look at the Efland-Cheeks area. Orange-Alamance spoke about letting go of same of the water commitments in Alamance County and focusing more on Orange County. Orange-Alamance is also considering an extension of the walking trails from McGowan Creek Preserve onto their property, which adjoins the County's property. Chair Halkiotis reported that he and Jahn Link participated in a march in Raleigh as part of the NCACC legislative briefing. They held up a sign, which read, "Moses, please save our 100 counties." He also noted that Senator Ellie Kinnaird and Representative Verla Insko met Jahn Link and him far dinner and they had a very productive discussion about the budget issues in the State. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONSIPROCLAMATIONS a. EMS Week Proclamation The Board considered proclaiming May 20-26 as Emergency Medical Services Week. Deputy Director of the Department of Emergency Management Kent McKenzie made this presentation. A motion was made by Cammissianer Gordan, seconded by Cammissianer Carey to approve and authorize the Chair to sign the proclamation as stated below: A PROCLAMATION EMERGENCY MEDICAL SERVICES WEEK MAY 20 through MAY 26, 2001 WHEREAS, Governor Michael F. Easley has proclaimed the week of May 20 through May 26, 2001 as Emergency Medical Services Week in North Carolina; and WHEREAS, The Emergency Medical Service in Orange County is a complex system involving Telecommunicators, First Responders, Law Enforcement Officers, Paramedics, Emergency Medical Technicians, Nurses, Doctors, Volunteers and Employees of Orange EMS and Rescue Squad, County Staff, the UNC Hospitals Emergency Department, the UNC Airfare program, and various private enterprises; and WHEREAS, The citizens of Orange County benefit daily from the dedicated efforts, knowledge, and skills of this team of emergency services personnel; and WHEREAS, The citizens of Orange County support the emergency services and their efforts to improve the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, The Orange County Board of Commissioners publicly acknowledge their support and appreciation to all the members of the Orange County Emergency Medical Services System: NOW, THEREFORE, The Orange County Board of Commissioners does hereby proclaim the week of May 20 through May 26, 2001, as EMERGENCY MEDICAL SERVICES WEEK and encourage all citizens of Orange County to continue to support their EMS system . VOTE: UNANIMOUS b. Resolutions of Appreciation -Historic Preservation Commission Charter Members The Board considered resolutions of Appreciation for two charter members of the Historic Preservation Commission. Environment and Resource Conservation Director David Stancil noted that the Historic Preservation Commission was created in 1991. Tom Allison and Jean Anderson have each served 10 years on this Commission. He also recognized Chair Rob Golen, Chuck Cooper, and Heath Aldridge. He read the proclamation as stated below. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the two resolutions as stated below: RESOLUTION OF APPRECIATION TOM ALLISON WHEREAS, Tom Allison was appointed as a charter member of the Orange County Historic Preservation Commission on May 21, 1991; and WHEREAS, Tom Allison led the Historic Preservation Commission as an active member for ten years, also serving two terms as Chair of the Commission; and WHEREAS, Tom Allison faithfully served his fellow citizens of Orange County on this volunteer commission, which laid the foundation for the County's program of preserving its historic and archaeological resources; and WHEREAS, his knowledge and experience in local history and architectural history consistently guided the Historic Preservation Commission in their efforts; NOW, THEREFORE, BE IT RESOLVED that the members of the Orange County Board of Commissioners do hereby thank Tam Allison, upon his retirement from the Orange County Historic Preservation Commission, for the service he performed on their behalf. RESOLUTION OF APPRECIATION JEAN B. ANDERSON WHEREAS, Jean B. Anderson was appointed as a charter member of the Orange County Historic Preservation Commission on May 21, 1991; and WHEREAS, Jean B. Anderson led the Historic Preservation Commission as an active member far ten years; and WHEREAS, she faithfully served her fellow citizens of Orange County an this volunteer commission, which laid the foundation for the County's program of preserving its historic and archaeological resources; and WHEREAS, her knowledge and experience in local history and architectural history consistently guided the Historic Preservation Commission in their efforts; NOW, THEREFORE, BE IT RESOLVED that the members of the Orange County Board of Commissioners do hereby thank Jean B. Anderson, upon her retirement from the Orange County Historic Preservation Commission, for the service she performed on their behalf. This, the 15th day of May 2001. VOTE: UNANIMOUS c. Youth Voices Resolution The Board received an update an the status of Youth Voices. Beth Irwin, President of Orange County Youth Voices, thanked the County Commissioners for their support of the Youth Voices. She spoke about some of the accomplishments of the program for the year. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF SUPPORT ORANGE COUNTY YOUTH VOICES WHEREAS, Youth Voices was created in 1996 by the Orange County Board of Commissioners; and WHEREAS, Youth Voices is a group of high school students representing the interests of Orange High School, Chapel Hill High School, and East Chapel Hill High School; and WHEREAS, Youth Voices is youth-run and youth-driven; and WHEREAS, Youth Voices provides students with an opportunity to interact and work collectively an ideas or areas of interest in the community; and WHEREAS, Youth Voices strives to serve as a central "voice" for issues affecting youth in Orange County; and WHEREAS, Youth Voices has been involved in several projects to benefit the community, including participation in the 2001 Youth Summit designed to determine the problems of racism and intolerance and identify possible solutions; and WHEREAS, Youth Voices is committed to assisting Orange County in its efforts to address the needs of youth. NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners extends its appreciation to the dedicated members of Youth Voices and encourages their continued hard work and support. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Public Hearing on Installment Contract to Purchase Land -Seven Mile Creek Preserve (Manes' Hill. Ltd.) The Board held a public hearing on a resolution authorizing the installment purchase of two tracts totaling 131 acres for addition to the Seven-Mile Creek Preserve. The total cost including land and interest is $601,974. David Stancil showed the location of these tracts of land on a map. He spoke about how the area has served as a haven for wildlife for many years. This area has remained undeveloped and has no intersecting roads. The idea of the Seven-Mile Creek Preserve was incorporated into the Lands Legacy Program as a potential long-term haven for wildlife in Orange County. He presented an addition to the contract and asked that it be included in the action. The plan is to retain the lands in a natural state, with same nature trails, primitive camping, and picnic areas. The funding sources are the Lands Legacy Fund and the Cheeks District Recreation and Open Space Payment-In-Lieu Fund. There were no public comments. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution, which is incorporated herein by reference, to approve the installment purchase of approximately 131 acres of land from Mayes' Hill, Ltd. as described in the resolution. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to exempt the property from the requirements of G. S. 143, Article 3D, as it pertains to the selection of surveyors. VOTE: UNANIMOUS Commissioner Jacobs recognized the seller, Bud Mayes who was in the audience. 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Appointments This item was removed and considered at the end of the Consent Agenda. b. Minutes The Board approved minutes from the following meetings: Nov. 27, 2000 quarterly public hearing; Nov. 30, 2000 work session; Dec. 4, 2000 regular meeting; Dec. 6, 2000 CP&L public forum; Dec. 12, 2000 meeting continued from Dec. 9, 2000; Dec. 12, 2000 public hearing; Jan. 18, 2001 regular meeting; Jan. 29, 2001 work session; Jan. 31, 2001 meeting with the Town of Hillsborough; and, Feb. 7, 2001 regular meeting. c. Motor Vehicle Property Tax Refunds The Board approved three requests for property tax refunds in accordance with the resolution on file in the Clerk's Office. d. Budget Amendment #11 The Board approved budget ordinance amendments and capital and grant project ordinances for fiscal year 2000-01. e. Department of Public Instruction Forms -School Capital Needs Survey This item was removed and considered at the end of the Consent Agenda. f. Bid Award: County Buildings Fiber Optic Cable Installation The Board was to consider awarding a bid to SFM Company, Inc., of Whittier Calif., in the amount of $32,500, to install fiber optic cable between County buildings in downtown Hillsborough. This item was deleted. cam. Lease Renewal: Suite 106, 501 W. Franklin St. The Board renewed and authorized the Chair to sign a lease with Jim Lilley Properties at 501 W. Franklin St., Chapel Hill, in the amount of $9552 per year, and taxes-in-lieu of $67 per month. h. Sole Source Purchase of two Reconditioned Lifepak 12 Monitor Defibrillators for EMS The Board approved the purchase of two reconditioned monitor defibrillators at a cost of $28,000. i. Bid Award: 40 kW Diesel Standby Generator for Solid Waste The Board awarded a bid to Gregory Poole Equipment Company of Raleigh in the amount of $27,330 far a 40 kW diesel generator. i Master Aging Plan: Budget Approval of Priority Components and Expenditures This item was removed and considered at the end of the Consent Agenda. k. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved petitions to add to roads to the state-maintained secondary road system . I. General Plan for Legislation Support Process for North Carolina General Assembly Sessions This item was removed and considered at the end of the Consent Agenda. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Appointments The Board considered appointments to the Adult Care Hame Community Advisory Committee, Arts Commission, National Disability Awareness Council and Hyconeechee Regional Library Board of Directors. Commissioner Brown clarified the term for the National Disability Awareness Council appointment, which indicates that it would be indefinite. She said that the appointment should be changed to comply with the County rule of only two 3-year terms. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the following appointments, with the change as requested by Commissioner Brown: Adult Care Home Community Advisory Committee -Laura DeLoye far an initial one- yeartraining term to expire on June 30, 2002. Arts Commission - Adera Causey for an unexpired term ending March 31, 2002 and Debbie Freedman for a term ending March 31, 2004. National Disability Awareness Council -Tim Miles for a term ending June 30, 2004. Hyconeechee Regional Library Board of Directors -Evelyn Daniel for an unexpired term ending March 31, 2002. VOTE: UNANIMOUS e. Department of Public Instruction Forms -School Capital Needs Surve The Board reviewed submissions to the State Department of Public Instruction by the two school systems regarding their capital facility needs through fiscal year 2007-08. Commissioner Gordon made reference to the forms and clarified that these are to give the five-year capital needs of each school system. The recommendation is that the Board does not do anything with this except sign it. She asked for an explanation and said that she would like to discuss it in the context of the interim capital plan. Assistant County Manager Rod Visser said that five years ago all school boards were required to submit a list of their capital needs. The school boards are to submit updates every five years of their long-term capital needs. There is nothing in the statutes that require County Boards to approve this. However, the State Department of Public Instruction does like for the County Boards to review the capital needs survey. He said that the needs put forth to the Department of Public Instruction (DPI) were consistent with the needs that the school systems identified in the approved CIP's for the next 10 years. The needs were also consistent with the information that was presented to the Capital Needs Advisory Task Farce. The report did not take into consideration the school construction standards that the County Commissioners approved. John Link said that the Baard should spend as much energy on this as it had time for, but he questions what will be done with the report and if any funds will be provided. He said that DPI might use this information statewide to justify additional needs for construction of schools. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey that the Board has reviewed the surveys to be submitted to the Department of Public Instruction by the two school systems and authorized the Chair to sign the cover pages of each survey. VOTE: UNANIMOUS L Master Aging Plan: Budget Approval of Priority Components and Expenditures The Board reviewed and considered approving expenditures for components of the County's Master Aging Plan for the current fiscal year. Commissioner Carey asked questions, which were satisfactorily answered. Commissioner Brown asked why it would cast $6,000 to complete an assessment of housing needs. Department on Aging Director Jerry Passmore said that the $6,000 was identified during the planning process. The Housing and Community Development Director estimated this cost for a professional to look at this issue in more depth to understand the amenities and the issues regarding the needs of senior housing. Commissioner Brown said that this seems expensive since an in-depth report on housing needs in the County was just done free of charge. Commissioner Gordon made reference to the startup costs and annual costs and asked what the annual costs would cover. Jerry Passmore said that all of the money would not be spent because an approved agreement would have to come back for same of the proposals. Commissioner Gordon said that she would like to see a request for proposals for the assessment of housing needs. Commissioner Gordon made reference to the third page and the Orange County Long Term Care Roundtable. She would like to see if this could be a function of the Orange County Aging Board instead of creating additional advisory boards. Commissioner Brown suggested that this report be further discussed at a Board of County Commissioners' work session because she has a lot of questions. John Link said that action could be deferred as the Board wishes. He asked that the Board consider carefully the rental space for a new Central Orange Drop-In Senior Center. Commissioner Jacobs expressed on behalf of the County Commissioners condolences for Jerry Passmore's loss of his mother last week. Commissioner Jacobs agreed that there needs to be some clarification on the roundtable. He does not think that anyone viewed it as a separate group. He said that the Baard approved in principle this report last budget cycle. The Board asked for a plan and then asked for a prioritization. He does not feel that the Board should defer these items. He would like to get more information on why the housing study is necessary. Commissioner Gordon would also like to defer the structure of the roundtable. Jerry Passmore said that the $500 would be spent on paper products, postage, etc. Commissioner Gordon would like to get an idea of what this is first. Commissioner Gordon asked to defer the following items: Goal IIB-a1 (Housing: Ensure adequate supply} and Goal IVA-a1 and a3 (Long Term Care: Access to quality care). A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve expenditures for components of the County's Master Aging Plan far the current fiscal year, and defer those items as listed by Commissioner Gordon above. Commissioner Brown said that she did not think that prioritizing meant adopting and funding. She is uncomfortable with this swift action. She asked if the Manager feels that spending the $25,000 for rental of the space should be done now. Jahn Link said that he feels that if we are going to make any movement in providing for seniors in central and northern Orange, then this space should be rented. There will not be any additional staff needed at this rental space. Commissioner Brown wants to be sure that both facilities are equal and are offered the same services. VOTE: UNANIMOUS I. General Plan for Legislation Support Process for North Carolina General Assembly Sessions The Board considered a proposed general plan for an ongoing legislation support process. Commissioner Gordon made reference to page four and asked about Assistant to the Manager Greg Wilder's role. She suggested adding, "during the legislative session" to the statement about his role. Also, on page six, she feels that when something comes up that is urgent, in such cases if the participant is the Chair, then that person would consult with the Vice-Chair. She added that the participant would notify or ask the Assistant to the Manager to notify all the members of the County Commissioners and consult with the Chair far advice and direction. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the proposed general plan for an ongoing legislation support process with the changes made above. Commissioner Brown suggested a change as follows: "The participant and the Chair will inform all of the participants," instead of should. Commissioner Brown made reference to page eight and asked if it was really necessary to put all of the information about faxes, emails, and telephone. Commissioner Jacobs has no problem with removing the statement about faxes, emails, and telephone. County Attorney Geoffrey Gledhill suggested that language be added that communication will continue during the legislative session and on an as needed basis. Commissioners Gordan and Jacobs accepted all of the friendly amendments to their original motion. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Appointments The Board considered an appointment to the Old Chapel Hill Post Office Study Committee. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to appoint Pam Jones to the Old Chapel Hill Post Office Study Committee. VOTE: UNANIMOUS Chair Halkiotis indicated that he will help out in an exofficio capacity. b. Ashwick Subdivision Preliminary Plan The Board considered a preliminary plan for the proposed Ashwick subdivision. Planning Director Craig Benedict made the presentation. The subdivision is a 51-acre tract with 58 residential lots of approximately 15,000 square feet each. The project is located in the Efland area, adjacent to US 70, east of Richmond Road, and west of Efland-Cedar Grove Road. The amount of open space that has been submitted as a conservation cluster plan is approximately 47°~ of the site, or 24 acres. This property is in the 10-year transition area. Because of the amount of open space in excess of the 33% requirement, seven bonus lots were added to this subdivision. The buffers surround the site. There is a private road easement in order to connect this subdivision with some other potential roads in the area. This area is in the area of the Cheeks Township District Park, and the applicant would pay payment-in-lieu funds of approximately $26,390. The water and sewer will be provided by Orange-Alamance Water System. The sewer system in this general area is part of the Orange CountylEfland sewer plan. The Planning Board recommended approval at their meeting and staff is recommending approval contingent upon the signing of a sewer system extension agreement for anyone that would be using the system within the overall adopted sewer plan and also contingent upon the conditions of the attached resolution of approval. Commissioner Jacobs asked about the conversation with NCDOT about adding aright-turn taper into this development since it is on US 70. Craig Benedict said that after the Planning Board approval, staff continued its discussion with DOT. DOT said that if the Board of County Commissioners were to ask for aright-turn lane taper, then it would be accepted. It can be added into the motion of approval as an additional condition. Cammissianer Jacobs asked if the subdivision would be built all at once or built in phases and if the residents in the first phase would have immediate access to the open space. Phil Past, the applicant, spoke about when the open space would be provided. Craig Benedict said that he suggests that the open space trail network be provided in the first phase, since seven bonus lots were given as a result of the additional open space. Commissioner Jacobs said that he did not understand why there were two cul-de-sacs within 230 feet of one another and Craig Benedict said that in his opinion, cul-de-sacs sometimes reduce traffic an some links off the main road and can reduce the amount of pavement installed. He believes that in this case the cul-de-sacs do serve a purpose and connectivity is achieved an other roads within the subdivision. Cammissianer Jacobs also questioned the lighting of the entrance sign. He said that this was a waste of energy. Phil Post explained that the lights would not be on very long because they would go off with a timer. The lighting would be very modest and the applicant would like to keep it. Commissioner Brown asked about affordable housing and if any of the houses would be affordable. Phil Past said that the homes would be 1,600 square feet beginning at about $180,000. Commissioner Brown asked about the impacts on the Efland-Cheeks Elementary School. Craig Benedict said that this was discussed at the Planning Board meeting and there would be approximately ten children added to the enrollment at Efland-Cheeks Elementary School. Commissioner Jacobs made reference to the Board Comments section of the agenda and said that what he was talking about was trying to get a special use permit process for affordable housing. He said that if the County does not require affordable housing in subdivisions, then it is not going to happen. A motion was made by Commissioner Jacobs, seconded by Cammissianer Carey to approve the preliminary plan for Ashwick Subdivision, with the addition of the right-turn lane taper on US 70, and that the trails will be provided to all of the open space with the completion of the first phase, and that solar-powered lighting would be used for the entranceway. Craig Benedict said that it was also mentioned to add sidewalk areas along the roads graded to accommodate safe pedestrian ways within the right-of-way. Commissioner Gordon said that it would make more sense to approve the sewer system extension agreement first and then the subdivision. THE MOTION WAS WITHDRAWN A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution of approval (pp. 6-7), which will approve the sewer service extension agreement for Ashwick Subdivision. VOTE: AYES, 4; NOS, 1 (Commissioner Brown) A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the preliminary plan for Ashwick Subdivision, with the addition of the right-turn lane taper on US 70, and with the provision that the trails will be provided to all of the open space with the completion of the first phase, that solar-powered lighting would be used for the entranceway, and that sidewalk areas along the roads will be graded to accommodate safe pedestrian ways within the right- of-way. VOTE: AYES, 4; NOS, 1 (Commissioner Brown -because there is no affordable housing in the project and the Efland-Cheeks Elementary School capacity is already 10 pupils overcrowded.) c. McGowan Creek Subdivision Preliminary Plan The Board considered a preliminary plan far the proposed McGowan Creek subdivision. Craig Benedict made this presentation. The subdivision is a conservation cluster design. It is a 244.7-acre tract, with 222 units. The area is bordered on the east by Efland-Cedar Grove Road and is north of US 70. This property does not go all the way out to Richmond Road. The subdivision is located in Cheeks Township and is an open space plan where approximately 60 percent, or 147 acres are given in common area open space. A density bonus was allowed and added approximately 66 units to this project. The line that goes through the middle of this project is the 20-year transition line. The applicant is proposing a community well system. There is a recommendation of denial for the Preliminary Plan stage because a portion of this site, north of the 20-year transition, is outside the area and is not expected to have any sewer service because it is not in the adapted plan. This subdivision design cannot occur unless there is the provision of public sewer by Orange County. Sewer service is not scheduled to be extended to this area at this time. The area along McGowan Creek is a flooded area of McGowan Creek and would be preserved in the conservation cluster plan. The majority of lots would have open space at the back of the lots. The distribution of lots is 100 lots to the north and 120 to the south of the transition area line. Craig Benedict noted that they researched property ownership in this area since early 1999. He distributed information on the progression of purchases in this area. He also noted that the transition line has been on the map since 1984. Gordon Brown, attorney representing Efland LLC, the developer, said that the recommendations given as the basis for denial were basically legal in nature. He distributed same information and summarized it. He said that there is a notion that since this property is north of the bond sewer property that there can be no extension. He does not know of any provision, policy, or document which prohibits the extension of sewer beyond the original public funded sewer area. He said that he could find no support in the Orange County policies and regulations for the question of the transition area. This subdivision was planned and submitted under the flexible development ordinance, which is very clear that it can apply to developments in all areas except rural buffer. He said that the fact that the land north of the transition line is classified as rural residential does not mean that it cannot be developed as a flexible development project and it does not mean that sewer cannot be run to it. The Orange County sewer policy expressly provides, with one exception, that public sewer is to be discouraged outside of transition areas. The one exception is with clustering, such as with flexible development in order to preserve open space. He said that the subdivision regulations deal with the extension of sewer outside the transition area. He said that this particular piece of property is adjacent to two properties that have been approved under the conservation cluster option and will be provided sewer under the Efland system. He said that there was na particular magic in the fact that we have a transition line that bisects this piece of properly. He said that this particular developer agrees with the Board that there is something anomalous about digging deep wells and pumping water out of our watershed. The developer has made arrangements with Heater Utilities, Inc. to provide the water utilities. He said that this provider goes way beyond minimum state requirements and Orange-Alamance requirements. He said that these arrangements take this project outside of the current discussions between the County and Orange-Alamance. The developer has also arranged an agreement with Heater Utilities, Inc. that after a certain period of time, Heater Utilities, Inc. would deed the system aver to a future provider of water in this area if the County so elected. He said that the policy that this developer has tried to embrace is to maximize the open space in accordance with the positive objectives of the flexible development ordinance. Sixty percent of this project's land area is in open space. He also pointed out that the active recreation space is four times what is normally required. He said that the alternative to this development was to divert to amore conventional 40,000-square foot lot subdivision. He asked the Commissioners to examine this project as a legally permissible proposal and to approve it because it is a superior alternative to what is otherwise allowed under the subdivision regulations. Scott Radway, agent far Efland LLC, spoke about the merits of the plan far McGowan Creek subdivision. There is approximately 24 acres in the flood plain. There is approximately 48 acres of open space that are in a stream corridor. The recreation area would be near the entrance to the project off of Efland-Cedar Grove Road. By phase three, the second recreation area would be included and would exceed the required recreation of the site. Phase eight would include the last recreation area and would be 12-13 acres, which is large enough to contain fields. At this time, there are no plans to take down trees far recreation space. There is a walkway system that would be outside of the NCDOT right-of-way and runs east to west through the entire project. There would also be pathways that connect each of the single-family areas in the project along creek corridors to the common recreation areas and to McGowan Creek. Commissioner Gordon asked several clarifying questions, which were answered by Scott Radway. Commissioner Jacobs asked how many of the lots were outside of the 20-year transition area and Mr. Radway said that there were 112 outside and 110 inside the transition area. Commissioner Jacobs asked about considering .92-acre lots where it is outside the 20-year transition area. He also asked about having a combined development as opposed to one that is strictly serviced with sewer. Scott Radway said that it would not be reasonable to start over with the plan because it has taken so long to meet with the Board of County Commissioners about these policy 155Ue5. Commissioner Jacobs asked County Attorney Geoffrey Gledhill if the Board could vote on the sewer issue and then vote to table the subdivision issue. Geoffrey Gledhill said that the issue of extending the sewer to the project has not been placed in front of the Board. The issue can be put in front of the Board. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the staff recommendation, which is to deny the preliminary plan of McGowan Creek subdivision, in accordance with the Resolution of Denial, which is incorporated herein by reference. Commissioner Jacobs said that he understands and appreciates the administration's recommendation. However, he thinks that this development plan is very commendable but the location might not be the best. He referred to page 19, the Planning Board minutes, and said that one of the representatives for the developer told the Planning Board that policy issues were not its responsibility. He agrees that the Planning Board is not to make policy decisions, but he encouraged the Planning Board at all times to consider policy issues. VOTE: UNANIMOUS d. High Rock Farms Phase One Preliminary Plan The Board was to consider a preliminary plan for phase one of the proposed High Rack Farms subdivision. However, this item was postponed to a future meeting. e. Outline of Efland Sewer System Issues Related to Extensions to Undeveloped Properties The Board was to consider a course of action regarding requests for extensions to undeveloped properties served by the Efland area sewer system. However, this item was postponed to a future meeting. f. High Rock Village Subdivision Preliminary Plan The Board was to consider a preliminary plan for the proposed High Rock Village subdivision. However, this item was postponed to a future meeting. 10. REPORTS a. Follow-up Report on Student Population Proiections This item was presented after the Consent Agenda before the Decision Agenda. John Link said that at the April 30`" work session, staff was requested to add two additional lines to the graphs that were presented that evening. He said that ten years ago, the school construction standards committee met and with no progress they reverted back to DPI numbers. He asked that once the discussion is finished that the Board submit this information to the Capital Needs Advisory Task Force tomorrow evening. Rod Visser said that at the April 30t" work session, the Commissioners reviewed several different mechanisms for projecting student population projections over the next 10 years. The Board asked the staff to project three-year and five-year projections based on historical average. Commissioner Gordon agreed that this information should go to the Capital Needs Advisory Task Force. Commissioner Carey said that this was a lot of information and very confusing to him. He is not opposed to sending it to the Capital Needs Advisory Task Force. He feels that this Board should make a decision on a planning foundation for projecting enrollment or it will not mean anything to the Capital Needs Advisory Task Force. The Board of County Commissioners will make the ultimate decision on the band issue. A motion was made by Cammissianer Gordan, seconded by Commissioner Carey to send the information on the student population projections, including the memo from Commissioner Gordon, to the Capital Needs Advisory Task Force. VOTE: UNANIMOUS 11. APPOINTMENTS- NONE 12. MINUTES- NONE 13. CLOSED SESSION -NONE 14. ADJOURNMENT With no further items for the Board to consider, a motion was made by Cammissianer Carey, seconded by Commissioner Jacobs to adjourn at 10:28 p.m. VOTE: UNANIMOUS The next meeting is scheduled far May 24, 2001 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC