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HomeMy WebLinkAboutMinutes - 06-19-2001APPROVED 12/11/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 19, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, June 19, 2001 at 6:00 p.m. in the Southern Human Services Center in Chapel Hill, 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 speakers will be recognized at the appropriate time) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. Continuation of May 31, 2001 Quarterly Public Hearing 6. Orange County Zoning Text Amendments a. Establi sh Rural Guest Establishment b. Amend Detailed Table of Contents 1. Amend Article 22 Definitions 2. Amend Section 4.3, Permitted Use Table 3. Amend Article 8 Special uses 4. Amend Article 9 Signage 5. Amend Article 10 Parking 6. Amend Article 12 Landscaping 7. Amend Article 7 Planned Development Requirements Planning Director Craig Benedict said that presently within the County, there is the ability to approve a bed and breakfast establishment if it is a historic house. If it is not a historic house, the applicant must go through a class A special use permit process. This is quite a burden for small establishments. The staff is suggesting to broaden the ability for people to locate bed and breakfast establishments. There are three tiers. Tier one is a bed and breakfast with up to three guestrooms. Tier two is a bed and breakfast inn, which is between four and twelve guestrooms. Tier three is a country inn and is more of a commercial operation, which can have between four and twenty-four guestrooms. A 60-seat restaurant would be allowed at the country inn. With the new regulations, a bed and breakfast would be allowed in the rural buffer area, agricultural residential zoning, and the rural 1 zoning. Tier one bed and breakfasts establishments could be approved with a zoning permit, which would be completed by the staff. Tier two bed and breakfast inns would be a class B special use permit process, which only goes to the Board of Adjustment. This would only be allowed in the agricultural residential and the rural residential zoning. It would not be allowed in the rural buffer. Tier three country inns would be allowed in the agricultural residential and the rural 1 zoning, but it is not allowed in certain critical area watersheds {University Lake Critical Area, University Lake Protected Watershed, Cane Creek Critical Area, and Upper Eno Critical Area). The size requirement of this type of establishment is ten acres minimum, unless provided by water and sewer. The awnerlmanager would live in the bed and breakfast inn. There would not have to be an owner an-site at the country inn. Presently, there is a six-year timeframe for the special use permit. The zoning permits would also have asix-year renewal date. Commissioner Brown asked if this ordinance corresponded to the ones in Chapel Hill, Carrboro, and Hillsborough and Craig Benedict said yes. Some of the existing regulations from Carrboro were used. If the uses were ever considered in the rural buffer, all of the regulations would match exactly for all jurisdictions. Commissioner Jacobs made reference to page six and the standards of evaluation. He suggested spelling out the subsections sa that they could be handed out separately for each type of bed and breakfast. There were no public comments. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to refer these text amendments to the Planning Board for a recommendation to be returned to the County Commissioners no sooner than August 21, 2001. VOTE: UNANIMOUS c. Amend Section 6.23.3 Stormwater Infiltration and Detention 1. Impervious Structure and Detention Pond Requirements a) Residential Development b) Non Residential Development Craig Benedict said that presently in the zoning regulations there is a term known as BMP, best management practices. This is a description of engineering principles used to design different types of watershed improvement techniques. When the new storm water regulations were passed last year, a difference in the definition of pollution was found between the existing erosion control ordinance and the storm water control ordinance. The reason far modifying the definition is to be consistent with what is considered the state definition of pollution. Also, amendments have been made so that BMPs cannot be used to let someone have an overage in the original impervious area requirements. BMPs cannot be used to satisfy impervious surface requirements, but can be used for other purposes. There were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to refer this item to the Planning Board for a recommendation to be returned to the County Commissioners no sooner than August 21, 2001. VOTE: UNANIMOUS REGULAR MEETING 1. ADDITIONS OR CHANGES TO THE AGENDA Item 8-h, Cooperative Agreement, was removed. Also, item 8-s, Shaping Orange County's Future, was removed because the group has not finished its work. Commissioner Gordon asked about the legal ad for the August 27, 2001 public hearing. She asked for the text of the amendments. Craig Benedict said that he had some suggested revisions to the amendments. He wants to talk about potentially adding payment-in-lieu revisions to the public hearing. This issue will be discussed with item 9-d. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Aaenda -NONE b. Matters on the Printed Aaenda {These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Jacobs asked staff about the Mapleview Farm Soccer Field and a memo he received that it will take an additional two ar three weeks to finish this field. John Link said that it would be helpful if the Board gave instructions to the staff to proceed to take whatever action is necessary to get the field going. There will have to be budget amendments for funding. It was decided that this will be brought back as a consent item on June 25tH Commissioner Jacobs asked to also put on the agenda for Thursday the 21St the Courtesy Review with Hillsborough of Hampton Pointe. He would like far Hillsborough to have our courtesy review comments by the time Hillsborough meets on the 25tH Commissioner Jacobs distributed an article from the Rev. Jack McKinney from Pullen Memorial Baptist Church about the move in the state legislature to require the posting of the Ten Commandments in schoolrooms as part of efforts toward character education. He pointed out that those who work in buildings with glass roofs should not throw stones. If we are going to talk about character education, those who vote based on their campaign contributions, or who try to balance the budget on those who are the least able to defend themselves need to get some character education. He said that this was Hat an appropriate way to ga about doing that. Commissioner Jacobs mentioned that when he received his automobile tax bill, it still showed Commissioner Carey as the Chair. He said that this does Hat speak well of our ability to stay an the ball. Commissioner Jacobs would like to ask Environment and Resource Conservation Director David Stancil to look at a bond scenario for the open space projects and put them in a priority order or address how we might fit them within a certain amount of money. Regarding the bond, he said that it is important for us to assure the voters of Orange County that the County Commissioners have been very diligent in the package they are looking at and have pretty much reaffirmed the target of 75 million dollars, that we recognize that we have multiple needs and are trying to address them in a balanced fashion, and that we are treating bath school systems with equal care and respect. Commissioner Gordon asked about the status of the Greene Tract negotiations. John Link said that he has talked with the City Managers of Carrboro and Chapel Hill about their appointments to the working committee. He expects to meet with them sometime in July. His recommendation to the work group is that they accelerate their work so that they can accomplish their goal in the time frame they have set for this project. Commissioner Gordon distributed information on student projections. She explained the charts, which illustrated the five different projections far each school level. She painted out that it does matter which model is used because the level of capacity is different with each one. Chair Halkiotis made reference to an article about the County Commissioners looking for a site in northern Orange for a transfer station. He said that the article clarified that the County Commissioners did not know about this yet. He said that the County Commissioners do need to discuss a transfer station ar where it could possible be sited. He feels that if this kind of information is going to be brought to an advisory board that the County Commissioners need to be forewarned about it. He asked that we stop and think and have discussions on such items as a transfer station. He is concerned about how this evolved. John Link suggested that the Solid Waste Advisory Board's work plan be reviewed by the County Commissioners far the next six months. Commissioner Gordon feels that the County Commissioners need to be apprised of any item that is controversial which is brought before an advisory board. Chair Halkiotis made reference to the news release about the budget process and said that the County Commissioners may add any comments tomorrow. Chair Halkiotis said that he would be involved in a stakeout next week to take pictures of the chicken trucks coming dawn US 70 aver the Eno bridge around 11:00 p.m. He is going to ask Health Director Rosemary Summers to do an analysis of the chicken feathers that are strewn along the property lines of US 70. He wonders if this is a health hazard. 4. COUNTY MANAGER'S REPORT Jahn Link said that Sheryl Allison, Certified Dental Assistant, has just been installed as the President of the North Carolina Dental Assistance Association. She has been an outstanding employee of Orange County for the last 17 years. 5. RESOLUTIONSIPROCLAMATIONS a. Resolution -Commission for Women Wheels to Work The Board considered a resolution of support for the Commission for Women Wheels to Work Program. Human Rights and Relations Director Annette Moore said that one year ago, the Commission far Women came before the County Commissioners with a proposal for a transportation crisis assistance program. This program assists low-income residents with their transportation needs by providing donated cars and by providing a revolving loan fund to be used for things such as car repairs, titles, insurance, etc. This past year, the transportation coordinator was hired. In December, they encountered a problem with transferring cars through donations. There was a problem getting a non- profit in Orange County to provide the service. They established Friends of the Commission for Women, which is anon-profit group. The Triangle Residential Options for Substance Abusers (TROSA) has agreed to be the facilitator of the cars. The request is that the County Commissioners continue to support the Commission far Women's program. Chair Halkiotis emphasized the importance of this program in providing transportation for people that need it. Commissioner Brown commended the Commission far Women for their initiative in establishing this program. Commissioner Carey feels that the TROSA organization should be thanked for their contribution to this program. Commissioner Jacobs thanked the Commission far Women for the effort they put into this program. This especially helps the single parents. Commissioner Gordon added her commendation to the Commission for Women. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: Commission for Women Wheels to Work Program WHEREAS, the Orange County Commission for Women has a long and distinguished history of concern far and assistance to women and their families in Orange County; and, WHEREAS, the Commission for Women, along with the Departments of Human Rights and Relations and Social Services and Orange Public Transportation, and its community partners, TROSA and the Friends of the Commission for Women, have collaborated together to assist low-income families in meeting their transportation needs; and, WHEREAS, the Commission for Women along with its community partners, TROSA and the Friends of the Commission far Women, hope to help families secure safe, reliable transportation through the Wheels to Work Program; NOW, THEREFORE, the Board of County Commissioners hereby pledges its support to the Wheels for Work Program and commends all involved parties on their efforts. This, the 19t" day of June 2001. VOTE: UNANIMOUS b. Resolution of Support for the Regional Transportation Strategy The Board considered a resolution endorsing the Regional Transportation Strategy report for the Research Triangle region. Planning Director Craig Benedict said that the Mayors of Durham, Chapel Hill, Raleigh, and Cary recognize that traffic patterns in the triangle are a regional issue. They set forth a commission to study the problem, identify the issues, look at adopted plans, and put forth same ideas concerning funding constraints and what options there are to resolve some of the long-term regional issues. The report accented that they did not want to just focus on adding lanes to accommodate more traffic, but that there should be different solutions such as managed traffic lanes, pedestrian ways, bike ways, public transit, etc. The resolution is to endorse the regional plan. Commissioner Brown expressed a concern that the report identifies new state funding sources and suggests that possible revenues could be generated in the triangle region through property taxes and the transfer tax. She asked if this has been discussed in depth. She is concerned that property taxes or transfer taxes would be used to build mare roads. Commissioner Gordon made reference to page 13 and the additional transportation investments involved. She said that the surface streets were thought to be a local investment. She suggested having a transportation work session to discuss the implications. She made reference to pages 4, 5, 6 and 7 of Mayor Waldorf's memo that is made a part of these minutes by reference. Page 5 explains what the regional transportation strategy is and is not. She quoted the memo as follows: "It is not a proposal far any particular revenue source, however, it does assume that there would be some revenue sources forthcoming." She said that this proposal would not be the final word and each municipality would make the decisions about transportation in their community. She made several modifications to the resolution, which were so noted by the staff. Commissioner Jacobs said that he shares the concern about using property and transfer taxes for funding transportation. Commissioner Brown said that the hang up seems to be haw to pay far the transportation improvements. She does not feel like she can buy into this because she could never support what it says about using property taxes. More discussion is needed. Commissioner Gordon suggested waiting until a work session to discuss this rather than deciding it tonight. Chair Halkiotis said that the issue of using property taxes far this kind of transportation infrastructure may be okay far the Town of Cary, but the County has to worry about funding schools. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to table the resolution, work on it, and bring it back at a later time. VOTE: UNANIMOUS c. Resolution Acknowledaina Durham Citv Sewer Facilities beina Extended into Orange County for L&W Mobile Home Park The Board considered acknowledging and granting permission for the extension of Durham City public utilities into Orange County, as required by State statute, to serve L&W Mobile Home Park. County Engineer Paul Thames said that there are two areas in Orange County which are served by Durham City public utilities -Duke Forest Mobile Home Park and the Bereny Mobile Home Park an the north side of I-85. Piney Mountain is actually an OWASA operation in which there is a collection system that pumps down Mt. Sinani Road. Paul Thames said that the L&W Mobile Home Park is located just inside the eastern border of Orange County between US 70 and Old NC 10. It is over 30 years old and has space for 41 mobile units. The mobile homes in the park have been traditionally provided with wastewater treatment services by several community conventional septic tank systems. These systems have begun to fail over the last several years. The Orange County Health Department has been working with the L&W Mobile Home Park to rectify the problems. There are two alternatives -require that the mobile homes attached to a failing septic system be relocated out of the park ar to a portion of the park that does not have failing septic systems; or extend sewer from Durham. Already seven homes have been located out of the park and the Mobile Hame Park has been ordered to move another 14 units from the park. The owner has appealed this order. There are some issues involved with the extension of sewer. The City of Durham will allow sewer to be extended, however, they will not allow private ownership of a pump station and force main. There are 41 units of low-income to middle- income housing. Without the extension of utilities from the City of Durham the park will have to close. The attached resolution will accomplish what would need to be done to clarify the Board's willingness to allow the City of Durham to own the infrastructure and whatever real estate is associated with it. Commissioner Gordon said that the resolution does not track with the information included in the abstract. She made reference to page 6 of the document, and said that the Board of Health has documentation that specifies these things. She asked whether somewhere in the resolution it should say that the extension of sewer is to be awned by the City of Durham. County Attorney Geoffrey Gledhill said that the applicant would be required to apply for annexation to the City of Durham. He agrees that there is vary little likelihood that the City of Durham will annex this mobile home park independently of other areas. He said that it would be cleaner if the resolution said, "Do hereby authorize the owner of the property to convey the easement rights to the City of Durham for the extension." Commissioner Gordon said that the two paragraphs about affordable housing seem to be about another issue and that the County would approve this anyway. Chair Halkiotis disagreed and said that it important to note that we did lose same affordable housing units earlier on in a similar incident. Commissioner Jacobs agreed that these concerns do need to be addressed. He questioned the process. He does not understand why we do not have a map. He asked if there was information on other failing systems in mobile home parks in the County. He would also like to have a report on annexations with Durham County. John Link said that Orange County Planning staff has been working with the Durham County Planning Staff on annexation. As it relates to the failing systems in other mobile home parks, he said that a report has been made several months ago. Commissioner Jacobs said that there was a previous request far sewer service in an economic development district. John Link said that the reason this is done in an ad hoc way is the urgency of the public health issue that is being paid far and initiated by the owner of the mobile home park. Commissioner Jacobs would like something in this resolution to reflect that there will be a process of joint planning with Durham which will include the land use ramifications of the extension of sewer lines into Orange County and to serve the area that has been designated as an EDD. Geoffrey Gledhill read his amendment to the resolution as follows: "Now, therefore, we, the Orange County Board of Commissioners do hereby agree that the City of Durham may acquire interest in land necessary for the extension of Durham City sewer facilities into Orange County for service to L&W Mobile Home Park located in Eno Township, tax map #25, lot #91." Commissioner Jacobs would like the staff to write up another "whereas" that addresses the comprehensive planning nature of this decision and that stresses that we consider this as the beginning of a joint planning relationship with Durham to address the issues of extension of utilities into Orange County. A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution, with the addition from the County Attorney and Commissioner Jacobs as stated above. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Distinguished Budget Presentation Award The Board presented the Government Finance Officers Association Distinguished Budget Presentation Award to the staff of the Budget Office. Jahn Link said that once again the County has received the Distinguished Budget Presentation Award. This marks nine out of the last 1 Q years that this award has been presented to Orange County. To receive this award, the budget document must meet stringent program criteria and it must be a policy document, an operations document, a financial plan, and a communications document. He recognized Budget Director Donna Dean and her staff. 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve those items as listed on the Consent Agenda below. a. Minutes The Board approved minutes from the following meetings: March 28, 2001 joint meeting with the school boards; March 29, 2001 work session; April 11, 2001 work session and JPA public hearing. b. Reappointment of Tax Collector The Board reappointed Jo Roberson as Orange County Tax Collector for atwo-year term effective July 1, 2001. c. Reappointment of Tax Assessor The Board reappointed John Smith as Orange County Tax Assessor for atwo-year term effective July 1, 2001. d. Motor Vehicle Tax Refunds The Board approved two requests for property tax refunds in accordance with the resolution, which is incorporated herein by reference. e. Petition for Addition of Subdivision Roads to the State Maintenance Program: Wendy Lane (Cheeks Township) and Maple Ridge Drive (Chapel Hill Township) The Board approved petitions to add Wendy Lane in Cheeks Township and Maple Ridge Drive in Chapel Hill Township to the state-maintained secondary road system. f. Cedar Ridge High School Capital Project Ordinance This item was removed and placed at the end of the consent agenda for separate consideration. g,; Contract Renewal with People's Channel This item was removed and placed at the end of the consent agenda far separate consideration. h. HUD Cooperative Agreement This item was removed. i. Contract with BB&T for Receiving and Processing Mailed Tax Payments The Board approved a contract with BB&T far receipt, processing and crediting of tax payments. L EMS Transportation Contract (Orange EMS and Rescue Squad, Inc.) The Board renewed and authorized the Chair to sign a contract with Orange EMS and Rescue Squad, Inc. to provide EMS transportation services through June 30, 2002. k. Agreement Renewal -Town of Hillsborough Fire Inspections The Board renewed and authorized the Chair to sign an agreement with the Town of Hillsborough for County personnel to perform mandated fire inspections on behalf of the town. I. Contract Renewal with for Pharmacy Services for Health Department The Board renewed and authorized the Chair to sign a contract with a pharmacy contractor far an-site pharmacy services for the Health Department. m. Agreement Renewal with School of Dentistry for Dental Director The Board renewed and authorized the Chair to sign a contract with the UNC School of Dentistry far the services of a dental director for the Health Department. n. Contract Renewal with Animal Protection Society for Animal Shelter Services The Board approved and authorized the Chair to sign a contract with the Animal Protection Society for animal shelter services. o. Renewal of Contract for Curbside Recyclina The Board approved and authorized the Chair to sign a contract with Waste Industries, Inc. for urban and rural curbside recycling services for the 2001-2002 fiscal year. ~ Renewal of Food Waste Collection and Composting Contract This item was removed and placed at the end of the consent agenda for separate consideration. ~ Impact Fee Reimbursement Agreement This item was removed and placed at the end of the consent agenda for separate consideration. r. HOME Program -Second Mortgage Assistance The Board approved and authorized the Chair to sign a development agreement with Habitat for Humanity of Orange County, Inc. on behalf of the Orange County HOME Consortium to provide second mortgage assistance for one law-income family. s. BoardslCommissionslTask Forces to be Dissolved This item was removed and placed at the end of the consent agenda far separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA f. Cedar Ridge High School Capital Project Ordinance The Board considered a request from the Orange County School Board to increase fire- fighting capacity near Cedar Ridge High School. Commissioner Gordon asked if this solution would be adequate for the fire-fighting capacity. Chair Halkiotis said that if the waterline should break that runs under I-40, which has broken several times, there would be some serious complications for the school. All new high schools built in North Carolina must have sprinkler systems in the auditorium stage area and the ancillary dressing rooms. There is one fire hydrant currently serving Grady Brawn Elementary School that is putting out about 830 gallons per minute, which is 30 gallons more than the state minimum. With the new high school and a future government building on that other piece of land, it would be foolish not to provide an enhancement to the fire-fighting capacity. This proposal would bring a line under Grady Brown Road and site a hydrant at the top of the property line and would interconnect with the five existing hydrants on the Cedar Ridge site, add another hydrant to the Grady Brown site, and overall enhance the entire fire-fighting opportunity. The upgrade is adequate. He said that an effort was made over a series of months to work with the Town of Hillsborough to do something jointly, and they were not interested in pursuing anything heading across I-40 on Orange Grove Road. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the request from the Orange County School Board to increase fire-fighting capacity near Cedar Ridge High School at an estimated cost of $350,000. VOTE: UNANIMOUS g_ Contract Renewal with People's Channel The Board considered renewing a contract with People's Channel to videotape and broadcast County Commissioners' meetings for fiscal year 2001-2002. Commissioner Jacobs asked if we ever got a response back from Time Warner to our request for them to live up to the contract which had previously been in effect before they took over the system that assured us that we would be provided service in this manner. Jahn Link said that there was recently a meeting involving the leadership of the Cable Advisory Committee and Time Warner discounted the old franchise, feeling that they could legally discount it if and when it went to court. He said that this issue is really about what the County should be able to obtain long term and what Time Warner is willing to negotiate. He does not think the Board should have to move quickly. Geoffrey Gledhill said that the contention of the old franchise required Time Warner to provide facilities far cable casting County Commissioners' meetings in the old and new Hillsborough courthouses. Time Warner contends that this was superseded by subsequent agreements and rolled into franchise agreements. At the staff level, we have elected not to ga back and forth on this right now. There is a proposed franchise agreement with Time Warner that addresses some of the issues. We are beginning a process to come up with a franchise agreement. He said that the only benefit he sees to thinking about the rate increase actions is if you can get something in addition to the rate increase changed. If Time Warner calculates them correctly, they are entitled to it. Chair Halkiatis spoke in favor of the People's Channel. He said that he would rather have the People's Channel videotaping the Commissioners' meeting than any other cable company or franchise. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the renewal of a contract with the People's Channel for videotaping County Commissioner meetings for fiscal year 2001-2002 at a cost of $900 per meeting; and authorize the Chair to sign an behalf of the Board. VOTE: UNANIMOUS ~ Renewal of Foad Waste Collection and Composting Contract The Board considered renewing a contract with Brooks Contracting to provide separated food waste collection and composting services. Commissioner Jacobs said that he is looking forward to a solid waste work session. One of the issues is whether or not we are going to produce our own composting and what our approach to the use of recyclable C&D materials will be. He supports signing this contract, but he also thinks we should be thinking about doing this function in-house. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to renew and authorize the Chair to sign a contract with Brooks Contracting to provide separated food waste collection and composting services. VOTE: UNANIMOUS 1. Impact Fee Reimbursement Agreement The Board considered approving the farm and content of a standardized agreement for impact fee reimbursement. Commissioner Gordon said that she did not understand how the agreement fulfilled what it said in the abstract. She understood that this agreement was a way to have the long-term affordability requirement to be secured when impact fee reimbursements were granted. She said that as she read the agreement, it seemed like there was more required than just this simple matter. She asked what the agreement actually does. Geoffrey Gledhill said that the impact fee policy calls for a package of documents (declaration, note deed of trust}, and in the interest of making it simpler he combined it all into one document, which accomplishes the same thing. The document says to the property owner that if they keep this property affordable for 99 years, then no money is owed and the deed of trust will be cancelled. On the other hand, if this property is not kept affordable for 99 years, then the property owner would owe us the impact fee plus 10% annual interest. Some risks are associated with the ownership of the property. Commissioner Gordon asked about the required payments. She said it appeared that the affordable housing owner must be the non-profit organization. Geoffrey Gledhill clarified that the non-profit organization is getting the impact fee reimbursement. This deed of trust secures the non-profit's obligation to keep the property affordable for 99 years. There are no required payments if the property is kept affordable for 99 years. Commissioner Gordon made reference to the definitions and asked that affordable housing owner and HUD should be defined. Commissioner Jacobs said that he wanted to talk about affordability. He made reference to a report in January that stated that 29°l° of the citizens of Orange County fall below the functional poverty level. The impact fees for the two school districts are under consideration for significant increases. He asked Tara Fikes for an estimated number of people who have acquired new units in the County recently that fell below 50°~ of the poverty level or 75% of the poverty level. He would like to consider how to help defray what it still a large impact on those that cannot afford to pay these impact fees. Housing and Community Development Director Tara Fikes said that she looked at 80°~ of median income. She reported that for the unincorporated areas of Orange County, there were 134 mobile homes that were permitted during the year 2,000 with cost estimates of less than $120,000. For single families, there were 100 units valued less than $120,000 (cost associated with the permits). This is about 20% of the total number of permits that were issued in the year 2000. She did not include replacement units, because they would not be required to pay an impact fee. Commissioner Jacobs asked staff to look into this further to see if there is any approach we want to take that might help those who can least afford housing to defray the increased impact of raising impact fees. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve an Agreement for Impact Fee Reimbursement document and authorize the Manager to execute this document for approved impact fee reimbursements, with two definitions of "affordable housing owner" and "HUD" as requested by Commissioner Gordon. VOTE: UNANIMOUS s. BoardslCommissions/Task Forces to be Dissolved The Board considered dissolving committees, boards and commissions that are no longer active because their charge has been completed. Commissioner Brown made reference to the Northern Human Services Center Task Force and said that it should not be dissolved. Commissioner Gordon asked about the status of the Local Emergency Planning Committee. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to dissolve committees, boards, and commissions that are no longer active because their charge has been completed. These are listed below: Block Grant Advisory Committee C&D Recycling Task Farce Census Complete Count Committee Commissioners' Affordable Housing Task Force Community College Task Force HausinglUNC Task Force Human Services Coordination Council Master Aging Plan Task Forces (4} Soccer Symposium Task Force VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. High Rock Farms Phase One -Preliminary Plan The Board considered a preliminary plan for the proposed High Rack Farms phase one subdivision. This project is on the south side of High Rock Raad in Cheeks Township between Ira Road and Mill Creek Road. There are 17 lots proposed on a 36.07-acre tract. There is a total of 55 acres proposed for open space in the entire project, with this phase containing 21 acres. The administration recommends approval in accordance with the Resolution of Approval. There will be double tank septic systems that will be the responsibility of each homeowner. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the Preliminary Plan for High Rock Farms Phase One, consistent with the Administration's recommendation. Commissioner Jacobs said that he still feels there is a lot of room for improvement like sidewalks, doing things in a more comprehensive manner through planned developments, etc. However, we do not currently have that regulatory authority. He said that this meets our standards and the developer has addressed some of the concerns that the County Commissioners raised and that the Planning Board raised. Chair Halkiotis asked about the "Children at Play" signs that were in question by DOT and Craig Benedict said that they would work with DOT to get the signs that are necessary. VOTE: 4 - 1(Commissioner Brown) b. High Rock Village Subdivision -Preliminary Plan The Board considered a preliminary plan for the proposed High Rock Village subdivision. Planning Director Craig Benedict said that this project is within the Back Creek Watershed in Cedar Grove Township. It is a 71-acre parcel with 41 single-family lots. It is a flexible development plan that provides 33% open space. He talked about the process and the questions and concerns of the Planning Board and Planning staff which have been addressed. One of the concerns of the staff was that the back of the house would face the roadway. There will be a buffer planted that is above the code. The staff has worked with the developer to come up with a plan that is an improvement from the original plan. Alois Callemyn, a local surveyor, was representing the developer of High Rack Village. He said that during the design process, they were trying to touch on a lot of key issues: 1} limiting access of the lots to existing roads; 2} having access to the open space; and 3) keeping the community comfortable with the development. He gave an overview of the plan. Commissioner Gordon made reference to page 14 and the emphasis on the soils in the project. Alois Callemyn said that the site has places where the soil is very well suited for single-family dwelling. Some areas of the site are not best suited for dwellings and they have tried to avoid those areas. Commissioner Jacobs mentioned that there would be a homeowners association. He feels that when there is a wetland, same people will not like the smell and will think of it as usable land that is going to waste. He asked what was in the homeowners association that is going to assure that this is maintained. Alois Callemyn said that the pooling of water is only after it rains and not at all times. He said that it was not a swampy area. He said that there would be language an what can and cannot be done in buffers and in removing trees. The elimination of clearing is the number one issue in his opinion. Geoffrey Gledhill said that these agreements include with them declarations that cover maintenance of the open space and they can be as detailed as necessary. He suggested adding to the resolution of approval that, "the wetlands areas be maintained as wetlands." Commissioner Gordon made reference to the previous subdivision and asked why there is not dedication of open space to the homeowners association in this development. Craig Benedict said that the language could be added to the final plat to preserve the open space. In this case, there is payment-in-lieu. Chair Halkiotis made reference to the minutes of the Planning Board deliberations where Mr. Edwards raised some concerns about children accidentally wandering onto his property where he has some large bulls. He asked if there would be any other cautions than fences. Alois Callemyn said that they have met with Mr. Edwards and that there was an agreement that if he maintained his fence and landscaping, they would equal or better with fencing and landscaping to give it a double barrier. Commissioner Jacobs asked for a short analysis of the open space from ERCD and what kind of access would be provided to the open space area in future agenda abstracts. A motion was made by Chair Halkiotis, seconded by Commissioner Jacobs to approve the preliminary plan for High Rock Village in accordance with the Resolution of Approval, which is incorporated herein by reference. This includes the addition of language about wetlands and the preservation of open space. VOTE: UNANIMOUS c. Request for Assessment of Civil Penalties -Jeffrey and Sharon Brooks Zoning Violation The Board considered authorizing the assessment of civil penalties for a continuing zoning violation on property zoned R-1, Rural Residential. Craig Benedict said that this has been a lengthy process and the staff has found that the only way to proceed with the removal and storage of junk and wrecked motor vehicles on this site is to bring it forward to the Board to begin the process of assessment of civil penalties. A letter was sent to the potential violator notifying them of this meeting and that the assessment of penalties will begin when the notice was sent out and will continue to this meeting and until the violation is corrected. The amount that has accumulated to this time is about $9,300. The staff is asking the Commissioners to approve the assessment of civil penalties for this site. This is near Mebane. The property owners have been uncooperative from the beginning. Zoning Officer Tam King said that this violation was discovered by a complaint from a neighbor. A site inspection was performed and a notice was sent within 3-4 days. There are approximately six junk vehicles on the property. Sanitation has also had to send a notice concerning white goods and other materials being on the site. There has been no contact with the property owners by phone or face to face. The Board decided to delay this decision until August. The Manager will work with the Planning Director, Tom King, and the County Attorney to devise some steps where we can communicate with the owners and talk with them face to face. d. Legal Advertisement for August 27, 2001 Quarterly Public Hearing The Board considered authorizing an advertisement for items to be considered at the scheduled August 27, 2001 quarterly public hearing. Craig Benedict summarized the items in the legal advertisement for the August 27, 2001 Quarterly public hearing. Discussion ensued on the definition of "adverse impact" regarding the connectivity of roads. Commissioner Gordon said that she would be happy to work on the issue of adverse impact before the public hearing. She would like the final advertisement to be circulated to the Commissioners before it is sent to the newspapers. Commissioner Jacobs made reference to the Soil Erasion and Sedimentation Control Ordinance Amendments and asked for an explanation of why the Flat and Haw River watersheds were not included. Craig Benedict said that they want to use the same drinking water watersheds and use those threshold standards for all three. Commissioner Jacobs asked if there is some limitation on our ability to apply these regulations because of a prevailing ordinance or did we just decide not to extend this to all watersheds in Orange County. Craig Benedict said this was an immediate and internal County situation. He said that this was only addressing watersheds where the drinking water supplies are in the County. Commissioner Brown agreed with Commissioner Jacobs and said that it is the appropriate time to go ahead and make the regulations apply to all the watersheds in Orange County. Craig Benedict said that there would be some extra permit activity if it were broadened to all watersheds in the County. He does not have a problem with adding all of the watersheds. Commissioner Gordon said that there is a reason why these watersheds are treated differently. When the state classified the watersheds, there were some watersheds that were classified at higher levels than others. She would rather go with the staff recommendation as written. Jahn Link suggested including the language that would allow the Board to consider all watersheds and that the staff provide further analysis during the summer. Chair Halkiatis said that there is not sufficient time to go out and educate a significant piece of the population. Discussion ensued and it was decided that the amendments would stay with the critical area and not the Flat River and Haw River watersheds. Some additional analysis will be done about including all watersheds within the County. A motion was made by Commissioner Jacobs, seconded by Commissioner Brawn to approve the legal advertisement for the August 27, 2001 public hearing as amended. VOTE: UNANIMOUS e. Organization Assessment -Proposed Phase 1 Work by Institute of Government The Board considered approving a proposal for consulting services from the Institute of Government to complete initial work on a planned organizational assessment, including an organizational study and communications review. Jahn Link said that at the April 16t" work session, the Board considered a plan and approach to address assessing various areas within our organization that could possibly benefit from either change or a closer working relationship with other organizations or parts of County government. The areas that were discussed include: Public Information, Communications and e-Government; Parks, Open Space, and Conservation; Solid Waste, Services to the elderly, and Transportation. There is a proposal from the Institute of Government that addresses the first phase. Personnel Director Elaine Holmes said that the proposal was to contract with the Institute of Government to begin the initial work on the organization assessment. There are two steps of the work -the survey of other organizations to get input from their study outcomes, pros, and cons; and the communication review. Kevin Fitzgerald, Planning Director for the Center for Public Technology at the Institute of Government, will be working on the assessment. The cost of phase one will be $7,500 and the plan would be to complete the work over the summer with a written report in September. He was unable to attend this meeting, but will be able to attend the June 25t" meeting. Elaine Holmes explained what the assessment would include. Commissioner Carey supports moving ahead with this in phases. He thinks there should be more organization in County government. Commissioner Gordon is disappointed that a review of the County's Information Technology (IT) plan, the infrastructure in supporting County Communications, and the assessment of communications among departments is not included in phase one. Elaine Holmes will ask Mr. Fitzgerald if he could address this in phase one. Chair Halkiotis agrees with Commissioner Gordon about the IT plan. He thinks we have to differentiate between what the plan is to an advisory board and what the plan really is to a group of users. The staff will consult with Kevin Fitzgerald about including the IT plan in the first phase and the costs and will report back on the 25t". The Board is very interested in pursuing phase one. f. Housing Bond Program The Board considered awarding funding to recommended bond projects. Tara Fikes said that the Orange County voters approved a 1.8 million-dollar housing bond issue in November of 1997. In December of 1999, this Board approved three bond projects, for a total of $690,000. These bond projects are listed in the agenda abstract. After that commitment, the Board decided that it wanted to review the housing bond policy. Any additional commitments were delayed until this was completed. This process was completed this spring and there is approximately $1,110,000 remaining to be committed from the 1997 bond. In May, the County issued a request for proposals soliciting proposals from existing County housing non-profit agencies. A total of eight proposals were received and those proposals requested a total $1,989,419 worth of projects. A summary of the proposals is provided in the agenda abstract. The Project Review Committee met this month and reviewed the proposals. Out of the eight proposals, two were found to be incomplete and they were unable to rate the applications. All of the other six projects did clear the minimum threshold of 60 points. However, the committee is recommending that four of the projects be funded from the remaining bond funds. The four projects are on page two of the agenda abstract. There are three rental projects and one new construction home ownership project. The committee wanted to Hate that, although they were Hat able to fund all six projects with the remaining bond money, they wanted to remind the Commissioners that there is an affordable housing fund that the Board established last year of $250,000 that might be used to try and fund the remaining projects. Commissioner Carey made reference to the Chapel Hill Department of Housing - Transitional Housing Program and the request for $300,000. Tara Fikes said they originally asked for $300,000 to do three units. The recommendation is that the County provide $100,000 for one unit. Commissioner Carey said that this request seems to be out of sync with the other requests. Tara Fikes said that this project met a critical need, but did ask for 100% funding. Commissioner Brown made reference to a letter from Habitat for Humanity where Susan Levy says that the evaluation may have made a mistake in their applications, specifically in the area of their experience. Susan Levy did not understand the rationale behind why they would only get 5 paints for experience. Tara Fikes said that the committee decided to give Habitat for Humanity 5 paints for having completed prior projects properly and maintaining regulatory compliance. Further, the committee expressed the need for Habitat to increase their capacity to manage development projects involving infrastructure construction by engaging the services of a paid professional construction manager in order to ensure a high quality product. Discussion ensued about the continuing care center of Residential Services, Inc. on Mt. Herman Church Road. Craig Benedict said that the decision on Residential Services, Inc. was postponed by the Board of Adjustment to the next meeting. The board asked the applicant to try and find a direct access to Old NC 10 as a secondary access to the Mt. Herman Church Road access point, which is between two existing single-family lots. If the class B special use permit is not approved, the money will go elsewhere. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to award funding to the recommended bond projects and authorize the Manager to issue a Letter of Commitment detailing the conditions of award. Commissioner Brown said that she would like to look at the Affordable Housing Task Force report before committing any of the $250,000. She would like to fund the Habitat to Humanity projects. She recommended taking each one of the projects recommended for funding, taking a little bit from each one, and giving to each Habitat for Humanity project $55,000 each. She suggested the following reductions: InterFaith Council Freedom Park Apartments - $300,000 instead of $310,000; Residential Services - $275,000 instead of $300,000; Chapel Hill Department of Housing-Transitional Housing Program - $75,000 instead of $100,000 {include Town of Chapel Hill on this); Orange Community Housing Corp. and Community Land Trust of Orange County, NC, Meadowmont - $350,000 instead of $400,000. This would give the two Habitat projects $55,000 each. This would allow the bond to fund 78 units. This is an amendment to the motion. Commissioner Carey made an amendment to the amendment. He would like to totally fund the Orange Community Housing project with $400,000 by taking $50,000 from the trust fund, and decrease funding of the other projects to fund the Habitat for Humanity projects $55,000 specified by Commissioner Brown. VOTE ON THE AMENDMENTS: UNANIMOUS VOTE ON THE MAIN MOTION AS AMENDED: UNANIMOUS 10. REPORTS -NONE 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION -There was no 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). 14. ADJOURNMENT With no further items for the County Cammissianers to consider, a motion was made by Commissioner Carey, seconded by Commissioner Brown to adjourn the meeting. VOTE: UNANIMOUS The next regular meeting will be held on June 25, 2001 at 6:00 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC