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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
February 5, 2002
The Orange County Board of Commissioners met in regular session on February 5, 2002 at 7:30
p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W.
Brown, Alice M. Gordon and Stephen Halkiotis
COUNTY COMMISSIONER ABSENT: Moses Carey, Jr.
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser and Clerk to the Board Beverly A. Blythe {All other staff members will be identified appropriately
below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. ADDITIONS OR CHANGES TO THE AGENDA
A closed session was added to the agenda, "to consult with an attorney retained by the Board in
order to preserve the attorney-client privilege between the attorney and the Board," pursuant to G.S.
143-318.11(a)(3} in the case of Orange County versus the Nuclear Regulatory Commission.
PUBLIC CHARGE
Chair Jacobs dispensed with the reading of 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 Gordon said that the Triangle Transit Authority {TTA) is moving forward with phase I
of the Regional Rail System. They are also in negotiations with the railroads, especially the North
Carolina Railroad. Regarding the Triangle J Council of Governments, Thomas Moore of Johnston
County is Chair and Frances Dancey is Treasurer and the gloomy state budget picture is causing some
concern.
Commissioner Brown said that she attended the County Commissioners' Association meeting
regarding mental health reform legislation. This is a mega-event that is going to take place in the next
few years with the transformation of the mental health system. It will be a challenge because the
responsibility will be on local governments with little or no funding in some cases.
Commissioner Halkiotis made reference to an invitation from Vermeer Carolinas, heavy equipment
specialists, expressing a willingness to bring in a tub grinder and show it off in Orange County. This
would be a wonderful opportunity to have a demonstration during the agricultural summit. If this cannot
happen, a demo project could be done at an agricultural site. He feels this is a good alternative to
burning.
Commissioner Halkiotis made reference to a grant proposal submitted by Nick Waters, EMS
Director which looks at the issue of Counties along the interstate corridor responding appropriately or
adequately to a number of possible catastrophic events (terrorism, etc.}. The grant has been submitted
to the state. Orange County does not seem to have a plan and neither does any other area. Nick
Waters hopes to hear something within the next week.
Commissioner Halkiotis, Commissioner Brown, and County Engineer Paul Thames have been
meeting with Jim Warren of NC Warn to plan a community update session during the month of February
in order to pull citizens together and give them an update on the status of CP&L and the storage of spent
nuclear waste.
Commissioner Halkiotis said that he heard that Tom Maynard, the head of OPC Mental Health, had
a heart attack last Friday but that he is doing better. He wished Tom a speedy and complete recovery.
Chair Jacobs said that he had a conversation with the Director of Cooperative Extension Fletcher
Barber about the tub grinder and he suggested that Commissioner Halkiotis coordinate with him on the
demonstrations.
Commissioner Brown said that OWASA has brought up the issue of a risk assessment study and in
regards to a terrorist attack on the Shearon Harris plant and what it would do to the entire water supply at
Jordan Lake.
Chair Jacobs said that the County Manager, Commissioner Halkiotis, and he met with Orange-
Alamance Water Systems last week and they talked about working collaboratively to address some of
the water issues in the central part of the County. Orange-Alamance expressed an interest in working
with Orange County and it was a very positive and productive meeting, the second within the last six
months.
Chair Jacobs said that he and Economic Development Director Dianne Reid visited manufacturing
plants in the Mebane area of Orange County to acquaint them with the fact that Orange County
government is interested in having them continue to prosper within our borders. Dianne Reid has written
a report that will be distributed to the County Commissioners. They heard a lot of problems from the
businesses and the staff will try to address some of these problems. One of the problems has to da with
water pressure and is crucial for one of the businesses to survive.
Chair Jacobs made reference to the dedication of Manley Estates, which is housing for 41 seniors.
This is located across from Lincoln Center in Chapel Hill. Orange County gave $10,000 far the planning
phase and reimbursed $123,000 in impact fees that would have otherwise been required to be paid if it
was afor-profit development. Also, the County Commissioners recently endorsed a plan for the staff at
the Department on Aging to do some assessment work with the residents there.
Chair Jacobs asked the County Commissioners for their support of writing a letter to the Carrboro
Board of Aldermen asking for their support in their negotiation of the contract with Time Warner to
include the opportunity far citizens of Carrboro to see the broadcasts of the Board of County
Commissioners' meetings.
4. COUNTY MANAGER'S REPORT
John Link made reference to the budget cuts from Governor Easley. The reimbursements that
were discussed at the retreat for inventory or intangible tax is going to be kept by the State government.
He is not surprised about this and he thinks that the County is in good enough financial shape to buffer
this impact. What was surprising was that the funds that were held in escrow for the mental health
reform are now sequestered as well. Even more surprising is that there is some non-instructional
funding far school systems that the Governor is also sequestering. He will give the Board a complete
analysis of what these cuts mean to the County budget. He just received the information today.
5. RESOLUTIONS/PROCLAMATIONS
a. Resolution in Support of Morgan Creek Valley Alliance
The Board considered a resolution of support for the newly formed Morgan Creek Valley
Alliance.
Land Conservation Manager Rich Shaw said that a partnership was recently formed to focus
greater attention on protection of natural and cultural resources in the Morgan Creek Valley.
Representatives from a number of entities including the Botanical Garden, the Towns of Chapel Hill and
Carrboro, Orange County, OWASA, the Triangle Land Conservancy, the U. S. Army Corp of Engineers,
and others gathered last September to consider whether it would be useful to meet regularly and try to
collaborate to conserve some of the resources within this part of the County. Morgan Creek starts at
Pickard Mountain and goes south into University Lake and then travels to the east through lands
protected by the University and the Botanical Garden and an into Jordan Lake. The ERCD staff
participated in initial meetings of this group and felt that this would go nicely with the work the County
does as part of the Lands Legacy program. The proposed resolution declares Orange County's support
of the newly formed partnership. He read the resolution.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the resolution in support of Morgan Creek Valley Alliance as
stated below:
A RESOLUTION IN SUPPORT OF THE MORGAN CREEK VALLEY ALLIANCE
WHEREAS, the Orange County Board of Commissioners has established protecting the County's major
watercourses and water supply watersheds as a high priority, and
WHEREAS, the Morgan Creek valley forms the University Lake watershed, as it courses through
southern Orange County, Carrboro, Chapel Hill, and eventually into Jordan Lake, and
WHEREAS, the Morgan Creek Valley includes scenic, cultural, recreational, water supply and wildlife
resources including rare and valuable micro ecosystems, and
WHEREAS, the County owns land along tributaries of Morgan Creek, and has planning and zoning
authority over a significant portion of its valley, and
WHEREAS, the County has already taken significant steps over the years to protect the important and
sensitive ecology of Morgan Creek through planning and the implementation of watershed protection
standards that exceed State minimum rules, and
WHEREAS, the newly formed Morgan Creek Valley Alliance seeks to conserve the natural and cultural
heritage and ecological integrity of the region and to protect the water quality of the Morgan Creek Valley
through increasing public awareness, cooperation and broad participation, and
WHEREAS, the Alliance is a voluntary cooperative effort which in its initial stages has included broad
participation from property owners along the creek, the N.C. Botanical Garden (through which it flows},
the Chapel Hill Museum, the Towns of Carrboro and Chapel Hill, Orange County, OWASA, UNC-Chapel
Hill, U.S. Army Corps of Engineers, Triangle Land Conservancy, and others:
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby
welcomes the establishment and supports the mission of the Morgan Creek Valley Alliance to conserve
Morgan Creek through public education, cooperation and coordination of public and private parties, and
voluntary conservation efforts to protect the natural and cultural heritage and to protect the water quality.
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners encourages the Alliance
to pursue its broad based strategy with maximum involvement of the public in the interest of protecting
one of our most valuable resources.
This, the 5t" day of February 2002.
VOTE: UNANIMOUS
Commissioner Brown mentioned a teacher at Culbreth Middle School that has been doing
stream monitoring with her classes on Morgan Creek for many years. She asked if this teacher was part
of this. Rich Shaw said that she has not attended any of the initial meetings, but she is interested in
being involved.
b. Resolution of Appreciation for Pat Sanford
The Board considered a resolution of appreciation for Pat Sanford, Director of the Orange
County Animal Shelter far many years.
Health Director Rosemary Summers said that Pat could not be here this evening because she
is teaching a class in Greensboro. The President of the APS board was present to accept the resalutian
on Pat's behalf. Rosemary Summers read the resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to
approve and authorize the Chair to sign the resalutian of Appreciation far Pat Sanford as stated below:
Resolution of Appreciation
For
Pat Sanford
Whereas, For the past 17 years, Pat Sanford has served in a leadership role as the Executive
Director of the Orange County Animal Protection Society; and
Whereas, Under her guidance, after years of steadily improving numbers, in 2001, the Orange
County Animal Shelter realized a 401 adoption rate, the highest adoption rate of any
county animal shelfer in lltorth Carolina; and
Whereas, The Orange County Animal Shelter's euthanasia rate has declined to 48/, the lowesf
among county animal shelters in North Carolina; and
Whereas, Under her leadership, the Animal Protection Society developed and implemented in-
shelter humane education programs through volunteer instructors and mentors, notably
the Care Cadets and Kids and Critters Programs, that continue to educate young people
on animal care; and
Whereas, Under Ms. Sanfard's direction, the Animal Protection Society of Orange County developed
and continues to annually co-sponsor with the North Carolina School of 1leterinary
Science, a nationally recognized three-day horse cruelty workshop; and
Whereas, She envisioned what is now the Felicite Lantane Animal Sanctuary and has worked
steadily over the years fo build this multi-purpose animal facility dedicated to improving
the Jives of domestic animals and wildlife and sfrengthening the bond befween humans
and animals; and
Whereas, Ms. Sanford instituted a low cost spay/neuter program at the Sanctuary which has spayed
or neutered about 6000 cats and dogs in the past four years alone, and has sought and
acquired grant funds to offer these services to low income residents in 2001; and
Whereas, She has always held a progressive vision regarding humane issues and knew how to
apply that vision to create real programs that made real improvements in the lives of
animals and in the human-animal band;
Therefore, We hereby express our appreciation for the more than seventeen years of
dedicated service to animals and promoting positive animal-human interaction for
the residents of Orange County.
This, the 5t" day of February 2002.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS
a. Outstanding Countv Program Award: Public Works Deconstruction Project (Old Orange
Industries Building on Tryon Street in Hillsborough)
The Board received the Outstanding County Program Award from the N.C. Association of
County Commissioners for superior innovation in the deconstruction project of the old building across
from the Whitted building. John Link said that he wanted the citizens to know that this Board of
Commissioners instilled this kind of effort and encouraged the staff to do this. He also pointed out the
other three projects that were submitted to the State. The Master Orange Address Database created by
the Mapping Department, the Wheels for Work Program from the Department on Aging and
Transportation, and the Emergency Preparedness Pocket Guide, which was a joint venture with Durham
and Alamance Counties, were submitted to the State and received recognition.
Jim Blackburn, legal counsel for the North Carolina Association of County Commissioners,
made this presentation. He congratulated Public Works Director Wilbert McAdoo and Pete Hendricks.
He commended Orange County for this project.
Wilbert McAdoo thanked the Board for the support and direction on this project. He thanked
the Manager and Pete Hendricks for helping to make this a reality. He said that they took materials
down piece by piece and carefully placed them in a manner where they could be reused. Same of the
materials have already been used in the Purchasing and Central Services building far flooring and
framing. A storage facility at Public Works is also going to be built with same of the materials. The cost
of the deconstruction was about $37,929. The cost to demolish it would have been approximately
$50,000.
Pete Hendricks, deconstruction specialist, thanked the County Commissioners for their
policymaking leadership that inspired the staff to deconstruct rather than demolish. He has been waiting
for 30 years for people to understand what he does. He said that there were only two other places in
North America that were as concerned about recycling buildings -northern California and Halifax, Nava
Scotia.
7. PUBLIC HEARINGS
a. Orange Countv Consolidated Housing Plan Update
This item was presented for the purpose of receiving public comment an the housing and
non-housing needs to be included in the 2002-2003 annual update of the Consolidated Housing Plan.
Housing and Community Development Director Tara Fikes said that each year, local
communities are required to reassess the needs of the community for housing. There are several
housing priorities -providing rehabilitation assistance for very low and low-income homeowners and
renters, reducing the number of owner-occupied and rental housing units not connected to existing public
water and sewer systems, facilitating the construction of new or substantially rehabilitated housing units
for families with incomes of 80°~ or below of the area median, and facilitating the construction of rental
units affordable to very low and low-income families. They also want to create transitional housing units
for homeless individuals and families and assist local non-profit agencies to provide continual housing
options for special populations including older adults, disabled, mentally ill, and persons with AIDS.
Comments will also be received from the public regarding the proposed use of FY 2002 HOME funding.
We expect to have approximately $615,000 in HOME funds for this year. Eligible HOME activities
include property acquisition, new construction, housing and rehabilitation, and rental assistance.
Public Comment
Chris Moran, Executive Director of the InterFaith Council far Social Services, distributed same
information on what they are experiencing as a result of the economy. He said that the economy is really
in very bad shape which has caused tremendous difficulties for low-income families and special
populations such as the homeless and disabled. He said that all issues in human services are
interrelated and make affordable housing an unreachable goal. He applauded the County on its stand
far the living wage. He said that 50°k of those who work for the County live outside the County, 80°!° of
the Town of Chapel Hill employees live outside the Tawn limits. This should be a major red flag for all of
us to work together. He said that IFC food requests were up by 56°~ with 39°~ more people served
during afour-month period. Twenty-three percent of the people seen were new to the InterFaith Council
for Social Services. He urged the Board to take the moratorium off the section 8 list. He also asked that
the County attempt to request more section 8 allocations from the federal government this year. He said
that there should be creative ways to provide housing. Mobile home parks are creative ways if they are
kept correctly. He said that InterFaith Council is seriously considering new accommodations. He hopes
that the Board of County Commissioners, the Town of Chapel Hill, the Town of Carrboro, and the
University can work with them to have a unified approach to a solution. They do not have enough beds
at the homeless shelter and are turning people away. There should not be men and women together in
the same facility. They need to be in a downtown center somewhere. He invited Chair Jacobs and Jahn
Link to go with him to Raleigh and look at the new Wilmington Street facility.
Karen Kincaid Dunn, Director of Club Nova in Carrboro, said that Club Nova is a psychiatric
rehab program that is part of a network of over 300 clubhouses worldwide. She spoke on behalf of the
members of Club Nova who live with serious mental illness. Most of the members survive on a total of
$535 per month. This amount must cover housing, food, clothes, and other necessities. She spoke
about the need for affordable housing; many of these facilities have long waiting lists. Club Nova has
spent the last year working with many organizations to develop a plan to create safe, decent, and
affordable housing for the members. They have developed a plan to build 24 units an the Club Nava
property that will be for single-room occupancy. They plan to use section 8 monies. She asked that
Orange County provide any available funding for this critical housing for the members of Club Nova. She
invited the County Commissioners to schedule a tour visit and lunch at Club Nova.
Matt Cox, member of Club Nova in Carrboro, spoke in support of the Club Nova project. He
has been a member for 13 years and he lived at the apartments at Club Nova for seven years. He now
lives in HUD housing at the Overlook Apartments in Chapel Hill. He said that the things the County
Commissioners do here really do impact people in a positive way. Hopefully, mare affordable housing
can be created.
Robert Dowling from Orange Community Housing spoke in support of the Club Nova project.
He spoke about the need for rental housing. He said that there is excess demand and a significant
shortage of housing. He thanked the County Commissioners for their support of affordable housing. He
said that we seem to be doing better at home ownership than rental housing. Rental housing is more
difficult to do, but it is an area that needs same focus. A lot of people in this County are paying 50°~ of
their income on housing. He distributed a request for HOME monies. The request includes money for
the Homestead Development with 190 homes and 30 town homes that will be affordable. He has asked
far $3,500 per home for dawn payment assistance. There is another development in the same area
where the developer has provided another seven single-family houses that will be affordable at 80% of
median. He has asked for $3,500 per home in this development also.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close
the public hearing.
VOTE: UNANIMOUS
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded Commissioner Brown by to approve
those items an the Consent Agenda as stated below.
a. Advertisements of Tax Liens on Real Property
The Board received a report an the amount of unpaid taxes for the current year and approved
the necessary advertising and placing liens an real property required by N.C.G.S. 105-369 and approved
setting March 13, 2002 as the date for the advertisement.
b. Resolution Creating a Special Board of Eaualization and Review
This item was removed and placed at the end of the consent agenda for separate
consideration.
c. Personnel Ordinance Revision: Retirement System Sick Leave Can Removal
The Board approved revising the personnel ordinance to remove the capon the amount of
sick leave for which time in service may be granted at retirement.
d. Budget Amendment #3
The Board approved the budget ordinance amendments and grant and capital project
ordinances as presented and as incorporated herein by reference.
e. Holden-Roberts Farm National Register Nomination, HP-1-02
The Board approved a recommendation by the Historic Preservation Commission to nominate
the Holden-Roberts farm for listing in the National Register of Historic Places and authorized the Chair to
sign.
f. Updated Aerial Survey of Landfill Property
The Board approved and authorized the Chair to sign a contract with Suttles Surveying, P.A.
to conduct aerial photography and produce a topographical map of the Orange County landfill property.
c,,,~. Amendment to Household Hazardous Waste Contract
The Board approved amending the existing contract with Safety-Kleen, Inc. to extend
household hazardous waste collection services through June 30, 2002 and authorized the Chair to sign.
h. Health Department Agreements with CHCCS and OCS for School Nurses
The Board approved and authorized the Chair to sign agreements with the two school
systems for school nurse funding.
i. Change in Board of Caunty Commissioners Regular Meeting Schedule
The Board approved changing the beginning time of its February 11 meeting for the purpose
of going into closed session at 6:30 p.m.
L Appointment to the Human Services Advisory Commission
The Board appointed Betty M. Matthews to the Human Services Advisory Commission for a
term ending March 31, 2004.
k. Appointments to the Commission for Women
The Board appointed Cynthia White Gudeman and Cindy MacMurdo to the Commission for
Women for terms ending June 30, 2004 and June 30, 2005 respectively.
I. Appointments to the Human Relations Commission
The Board appointed Barbara H. Chapman and Luis Soto to the Human Relations
Commission far terms ending June 30, 2003 and June 30, 2005 respectively.
m. Reappointment to the Chapel HilllOrange County Visitors Bureau
The Board reappointed Kevin Patrick Callaghan to the Chapel Hill/Orange County Visitors
Bureau for a term ending December 31, 2004.
n. Minutes
The Board approved the minutes of the following meetings: Nov. 7, 2001 regular meeting;
Nov. 13, 2002 work session; Nov. 19, 2001 regular meeting; Nov. 26, 2001 work session and quarterly
public hearing; and, Nov. 29, 2001 work sessions.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
b. Resolution Creating a Special Board of Equalization and Review
Commissioner Gordon pointed out that in the resolution the very last sentence does not have
gender-neutral language. It should say, "the Orange County Board of Commissioners shall designate a
chair of the special Board."
A motion was made by Commissioner Gordon, seconded by Commissioner Brawn to adopt
the resolution as stated below, with the change, to appoint a special board of equalization and review,
authorize the Chair to sign the resolution, and establish the recommended level of compensation for
members of the E&R board.
A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A
SPECIAL BOARD OF EQUALIZATION AND REVIEW
WHEREAS, pursuant to North Carolina General Statute 105-322, the Board of Equalization and
Review of Orange County is presently composed of the members of the Board of County Commissioners
of Orange County; and
WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special
Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute
105-322; and
WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a
special Board of Equalization and Review and by this resolution provide for the membership,
qualifications, terms of office and the manner of filling of vacancies on the special Board of Equalization
and Review;
NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF
COMMISSIONERS THAT:
1. The special Baard of Equalization and Review of Orange County is hereby
created.
2. The Orange County special Board of Equalization and Review shall consist of
3 regular members plus alternate members, each to serve for a term in
accordance with G.S.105-322.
Vacancies occurring and existing on the Orange County special Board of
Equalization and Review shall be filled by the Orange County Board of
Commissioners at their next regular meeting after the occurrence of the
vacancies.
4. Each member of the special Orange County Board of Equalization and review
shall be a resident of Orange County, should have paid all Orange County taxes currently
awed, and have the statutory qualifications necessary to hold the public office of County
Commissioner in Orange County.
The Orange County Board of Commissioners shall appoint members to the special Board of
Equalization and Review of Orange County in the same manner as it uses for other appointments.
After the members of the special Board of Equalization and Review of Orange County have been
appointed, the Orange County Board of Commissioners shall designate a chair of the special Board.
This, the 5t" day of February 2002.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Housing BondIHOME Programs: Residential Services Continuing Care Center
The Baard considered a capital project ordinance authorizing the payment of $275,000 in
housing bond funds to Residential Services, Inc.; and a development agreement with the company on
behalf of the HOME Consortium for the development of a proposed continuing care center.
Tara Fikes explained that Residential Services, Inc. proposes to develop a continuing care
center for elderly persons with disabilities. It will be for persons 55 and alder who have developmental
disabilities. The center will be located on Mt. Herman Church Road. All of the individuals will have
incomes of 30°~ and below of the County's median income. They will also be Medicaid eligible. The
proposed type of housing is not available anywhere else in Orange County. There will be 15 units.
Residential Services Continuing Care Center has received a Class B Special Use Permit. They are now
in the process of receiving bids for construction. They have all sources of funding committed for the
project.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
approve the capital project ordinance authorizing the expenditure of $275,000 in housing bond funding to
Residential Services, Inc.; and to authorize the execution of a development agreement with Residential
Services, Inc. on behalf of the Orange County HOME Consortium for the development of the proposed
continuing care center by the County Manager upon the approval of the County Attorney. VOTE:
UNANIMOUS
b. Legal Advertisement for February 25, 2002 Quarterly Public Hearing
The Board reviewed the legal advertisement far the Feb. 25, 2002 quarterly public hearing.
Planning Director Craig Benedict made this presentation. There will be four items for this
Quarterly public hearing. They are listed below:
1. Orange County Zoning Ordinance Text Amendments -Pierre Morin, agent far Biltmore
Homes LLC requests a text amendment to Article 9 SIGNS of the Zoning Ordinance.
2. Orange County Hazard Mitigation Plan -Senate Bill 300 was passed in July and requires
local governments to put together a hazard mitigation plan in order to receive funds.
3. Adoption of the 2002 North Carolina Building Codes -There has been a change and it
needs to go to public hearing before adoption. This is a statewide ordinance.
4. Moratorium on Telecommunications Towers - Invoke a six-month moratorium on the
receipt and processing of applications for new telecommunications towers on lands within
Orange County's jurisdiction.
Commissioner Gordon said that far each item it needs to be clear what is being requested
and there should be some additional detail so that the public will know what is being presented. She
feels that this would help the public. She would like it to include what it is specifically that we are going
to amend or change.
Commissioner Gordon asked about the status of the payment-in-lieu item for parks and
recreation. Craig Benedict said that he will have a meeting February 11t" with ERCD Director David
Stancil and a consultant. The regulation is very elaborate in that they have to find out what park and
recreation facilities are in the County now and what is expected to be County-funded with the bonds.
The payment-in-lieu provisions will be evaluated based on the new standard.
Commissioner Gordon would like the payment-in-lieu issue to go to public hearing as soon as
possible.
Craig Benedict said that an update on this can be given on February 19t", which is a meeting
devoted to Planning items.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve the legal advertisement with the general sense of the changes as suggested by Commissioner
Gordon and that the Chair will work with the Planning Director in rewriting the advertisement.
VOTE: UNANIMOUS
c. Community Development Praiect for Roaers Raad Water Line Connections
The Board considered approval of grant/loan funding far connections between eligible
properties to a main waterline installed by OWASA in the Rogers Road neighborhood.
Jahn Link said that construction of the water main is now complete. He said that they have
tried to include the comments made at the November 13t" work session in the grant proposal. The staff
thinks that there is additional time needed to complete the loan program. He does pat believe that there
will be any individuals seeking loans in the next two to three months and the staff is asking far additional
time for this aspect. The staff is asking that the Board only approve the grant program.
Assistant County Manager Rod Visser made reference to the proposed policy and pointed out
the issues brought up by the Commissioners at the November 13t" work session. There was a
suggestion to make connections to the main water line in groups of 15-25 and the Commissioners had
asked the staff to add the wards, "where passible." He said that the original reason for wanting to tap on
groups of 15-25 has disappeared since November. Another issue is that the Faith Tabernacle Church be
eligible far tap on and the policy addresses this. The third issue was that the staff take applications at
the Southern Human Services Center and at the Whitted Human Services Center. There was a question
about what constitutes low income and Tara Fikes added some language on page five that describes the
figures. The figures are based on 80°l0 of the HUD published 2001 median income for the
Raleigh/Durham/Chapel Hill MSA. This figure changes every year and will be adjusted far the duration
of the program. Another concern was whether landlords might start raising rents once water is provided
there. The agreement has a limitation that each property owner has to sign that says that rents will not
increase more than 10°~ each year in the first five years that water is provided. There were also
questions about the estimated costs of the loan program and these are found on page 11. Essentially,
the costs will be $8,300 in one-time casts far implementing the program and then $5,000 per year in staff
time and attorney time.
Commissioner Halkiotis said that this is a joyous moment that we have finally arrived at this
point. He thanked all of the residents for their patience and the staff for expediting this very long
process.
Commissioner Gordon made reference to the rent increase of no more than 10°l° each year
and said that this seems kind of high. Tara Fikes said that this is what has been used in the community
development plans in the past. Commissioner Gordon said that this should be considered further.
Commissioner Brown agreed.
County Attorney Geoffrey Gledhill said that an alternative would be to have a 10% per year
cap, but a maximum cap over the total five-year period.
Commissioner Gordan suggested na mare than 30°~ cumulative over the five years.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve for immediate implementation by staff the Assistance Policy with changes made above (30°I°
cumulative rent increase over five years} as it pertains to grants and suspend formal approval and staff
implementation of the portions of the policy insofar as they pertain to the proposed loan program,
pending further staff assessment. The staff will report to the Board in May 2002 regarding the need for
County-backed low interest loans and the practicality and cost of implementing a loan program.
VOTE: UNANIMOUS
Bonnie Norwood, a resident of Rogers Road, said that it would appear that if you are in the
80°~ median group and you do take the loan you would be paying a minimum of $25.00 a month for the
loan and an average water bill of $28-50 in the two to three member household. She said that in all
fairness, the landlord should not be allowed to raise the rent more than $25. She commended OWASA
for their work in tearing apart the neighborhood and putting it back together as if they were never there.
She said that OWASA's workers were very respectful and helpful.
d. Appointments to the Affordable Housing Advisory Board
The Board considered eight appointments to the Affordable Housing Advisory Board.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint
to the Affordable Housing Advisory Board Dee Williams and Elizabeth Preddy for terms ending June 30,
2003; Nannie Richmond and Bonnie Gates for terms ending June 30, 2004 and Tracy Dudley, John
Ring, Martha A. Hoylman and Frances Douglass to terms ending June 30, 2005.
VOTE: UNANIMOUS
e. Appointments to the Chanel Hill Planning Board: Joint Planning Area Position
The Board considered an appointment of a representative of the joint planning area to the
Chapel Hill Planning Board.
Commissioner Brown would like to send this back to Chapel Hill for a recommendation.
The Board agreed to send this back to Chapel Hill for a recommendation no later than the
Board of County Commissioners' first meeting in March.
10. REPORTS
a. OWASA Report: Water Conservation and Demand Management Ordinance
The Board heard a report from OWASA an a proposed water conservation ordinance.
Bernadette Pelissier, Chair of the OWASA Board, gave the report. She said that attention
has been given on the adequacy of the water supply for the next 50 years. OWASA is pretty sure that
there will be an adequate water supply far the next 50 years. They are still interested in water
conservation. Effective May 2002, the seasonal water rates will begin, which means that people will pay
mare per gallon in the peak months of usage. The other thrust right now for OWASA is a water
conservation ordinance. There is one in effect in Orange County, Chapel Hill, and Carrboro, but it is
much outdated. OWASA would like the ordinance to remain the same for all three jurisdictions. She has
made presentations in Carrboro and Chapel Hill. OWASA would like to have the ordinance changed by
April 2002. The proposed ordinance includes encouragement for year-round voluntary conservation and
a goal that all irrigation systems be equipped with water sensors. The heart of the ordinance relates to
water restrictions because OWASA has na legal mandate to impose these restrictions. One of the
triggers of the water restrictions would be haw much water is left in the reservoir. The second trigger is
customer demand and how much water could be treated at the water treatment plant. The goal is to
reduce the peak demand in the summertime so they do not have to build water treatment plants for just a
few days of peak use. The stages of water restrictions are as follows: Stage 1: all irrigation systems
used only three days per week (odd and even days depending on addresses} and OWASA water will not
be served in restaurants unless the customer asks; Stage 2: irrigation would be limited to one day per
week and pools, fountains, and ponds could not be filled {only exception is to replenish water level of
pool to the minimum level necessary for operation}; and Stage 3: emergency conditions and na outdoor
water use allowed except for fire suppression.
Bernadette Pelissier said that OWASA would share with the Board of County Commissioners
all of the questions from Chapel Hill and Carrboro and the responses.
Commissioner Halkiotis commended OWASA and encouraged them to do more work in
educating people as to the value of protecting the water resources that we have.
Commissioner Brown agreed with Commissioner Halkiotis and said that this is one more
piece to having a superb water system. She supports all of the conservation measures.
Commissioner Gordon thanked OWASA for being proactive.
Chair Jacobs said that he would like some information on the pros and cons of posting
notices at motels and hotels requesting that customers conserve water.
Commissioner Brown asked for an update on OWASA's concern about any type of terrorist
attack at the CP&L Nuclear Power Plant. Bernadette Pelissier said that OWASA's Executive Director Ed
Kerwin sent a letter to CP&L and received a response from the nuclear specialist referring OWASA to
the State Emergency Management office and to the state expert an nuclear radiation. Next week there
is a meeting with several individuals at the state level and several professors from UNC. The indications
from CP&L and the state are that the questions about the risks at the power plant to the water supply are
not known.
Chair Jacobs made reference to the County's wastewater treatment management program
and the need to educate people with septic tanks to have them regularly serviced. He said that OWASA
has same customers that do not have OWASA wastewater treatment. He asked if OWASA gives them
information about the need to have their septic tanks regularly serviced.
Chair Jacobs invited OWASA to came at the beginning of another Board of County
Commissioners' meeting to make a presentation far "A Taste of Hope".
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon 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," pursuant to G.S. 143-318.11(a){3) in the case of Orange
County versus the Nuclear Regulatory Commission.
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items far the County Commissioners to consider, a motion was made by
Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 10:50 p.m.
VOTE: UNANIMOUS
The next meeting an the regular meeting schedule will be held on Manday, February 11 at 6:30
p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
Beverly A. Blythe, CMC
Barry Jacobs, Chair