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HomeMy WebLinkAboutMinutes - 20020820 APPROVED 11/19/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 20, 2002 The Orange County Board of Commissioners met August 20, 2002 at 7:30pm in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis. COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John Link, Jr., Assistant Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (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. Chair Jacobs pointed out that there was a letter from NCDOT Division Engineer Mike Mills regarding Arthur Minnis Road and there are copies in the back. There were also two submissions by citizens about Tuscany Ridge subdivision. There was a document from the Health Director about adoption policies at the animal shelter. There was also a water supply update from OWASA. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board added Item 9a-1, "A Resolution Endorsing the Establishment of a Rural Planning Organization." The Board changed the closed session as follows: "To consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board concerning two matters - one of which is Orange County v. the Nuclear Regulatory Commission," N.C. Gen. Stat. 143-318.11 (a) (3) PUBLIC CHARGE Chair Barry Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda John Greene, General Manager for Operations for OWASA, gave a presentation on the water supply situation at OWASA. He stated that University Lake is six feet below full but is being supplemented by pumping water from the stone quarry reservoir on NC 54. The stone quarry reservoir is now 35 feet below full. He said that they feel that they can pump this quarry level down to about 120 feet. The pumping rate is about 1.5 million gals /day. Cane Creek is down 15 feet. This is the lowest level it has been since it was built in 1989. OWASA reservoirs have not been full since June 2001. Usually rains come in November but they did not get what they needed last year and since about April, water has been on the decline. There is currently no flow going into reservoirs. The demand of the community is 13 million gallons a day. In July, the demand dropped about 15% because of water restrictions. Stage 2 water restrictions will go into effect August 23''. Stage 2 involves limiting the use of water for irrigation to one day a week. Also, customers are not allowed to wash vehicles, pressure wash buildings, or clean sidewalks, driveways, patios, or any other impervious surfaces. Also, restaurants are serving water only on request. The University has developed its own schedule of water restrictions. They also use a lot of well water. OWASA will continue public awareness by using a hand out (colored photo booklet). This same presentation will be given for Carrboro and Chapel Hill and the media will be used to spread efforts to conserve water. They have had joint meetings with other entities and have joined forces to help this cause. Commissioner Halkiotis asked about the worst-case scenario and Mr. Greene said that if they continue to use 11 million gallons a day, they would only have 123 days of water left. If usage is reduced to 9 million gallons a day, then available days of storage goes up to 150 days. Commissioner Brown asked about students returning and how this will harm the water supply. Mr. Greene stated that UNC has so many programs in the summer and a lot of students are still here; therefore, it is not too drastic when the students come back. Commissioner Brown asked about OWASA's program and the comparison with Cary's program, which has some kind of water restriction on a permanent basis. Mr. Greg Seller stated that Cary has year round water restrictions. Chair Barry Jacobs asked if Cary did conservation rates. Mr. Seller answered that Cary has a two-tier rate structure. Commissioner Brown suggested that we have another water summit for both ground water and surface water and its limitations and what it means for the future of the area in terms of growth. Commissioner Gordon expressed concern about the drought. She thinks that we need to consider a meeting of the minds and that OWASA may be willing to meet. She asked about OWASA's long-term plans. Mr. Greene said that they are meeting on this now. Commissioner Brown asked if the Manager would address emergency issues with Hillsborough. Chair Jacobs said that the staff would address this later in this meeting and at the Work Session on August 29`h. He said that we need to talk about alternatives and limitations on water use—it is not an endless supply. Commissioner Brown stated that before she came on the Board that the Board had invested wisely in a groundwater study to incorporate it into the County's planning. She thanked the Board for having this foresight. Commissioner Gordon said that 30-40% of residents use groundwater supply. She said that we do have three studies of groundwater and we need to put together the groundwater and surface water information. She stated that she is quite worried about the drought because the trees are dying and turning early. Commissioner Carey said that in our discussions with OWASA, we can focus back on water re-use. He said that OWASA had done studies on re-use. Perhaps we need to be more serious about a re-use system. Mr. Green stated that OWASA is looking at three re-use projects–filter backwash water with the Co-Generation facility, a project with the Botanical Gardens, and a project with Finley golf course. The biggest cost is for the infrastructure. Chair Jacobs said that groundwater issues may come up later this evening. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 2. BOARD COMMENTS Commissioner Gordon congratulated the Orange County School system on the opening of Cedar Ridge High School. She also wants to say that she is personally sorry that the neighbors bordering the Tuscany Ridge subdivision did not know about the subdivision; but when it came before the Board of County Commissioners and no one spoke against it, she thought it was okay. She had no idea that the neighbors were not notified and she is very sorry. Commissioner Gordon said that she sent information to all County Commissioners about the Transportation Advisory Committee 2025 transportation plan and at the TAC's next meeting they will be discussing a preferred alternative and there will be public comment for 45 days. Then the adopted plan will go in for air conformity analysis. It is important that the County Commissioners get involved and give their opinions. Commissioner Gordon said that also at the TAC meeting, they did get the update on the status of projects in Orange County. Karen Lincoln will be putting together reports on the TAC (hand-out with excel spreadsheet) and the status of all projects is on the NCDOT website. Commissioner Gordon said that there will be a reception for the new Triangle Transit Authority General Manager John Claflen on August 26`h and all Board of County Commissioners are invited to attend part of it. No public money will be used for this reception. Commissioner Halkiotis said that he has pointed out that over the years there has been a discrepancy in funding of the two school systems. Last year issues were raised about the per pupil rate because the Department of Public Instruction said that the Orange County Schools would have 40 less students. Orange County Schools actually had 151 more students. He said that you cannot judge what is happening in a school district by sitting at a computer screen in Raleigh. There was a loss of $375,000 to the Orange County Schools. A few years ago, the Chapel Hill-Carrboro City Schools suffered because of the DPI projections. He suggested that everyone write letters to Raleigh pointing out the inequities of the DPI rate. Secondly, Commissioner Halkiotis said that this Board has yielded to Raleigh and their Senator from there in order to get a stoplight for the Cedar Ridge High School intersection at Orange Grove Road in order to prevent injury and death. But the lack of sidewalks on Orange Grove Road and the lack of a pedestrian crosswalk over the bridge over 1-40 is a dangerous situation that we need to keep in front of NCDOT. We have serious safety issues for our children and he does not want anyone to get hurt. Lastly, he said that in the Orange County Schools with water restrictions being in effect, the dishwashing machines in the schools are now shut down in high and middle schools and they are using paper plates. Commissioner Halkitois said the elementary schools would be using a recycled cardboard tray (earth friendly) instead of a polystyrene tray. And none of the playing fields are being watered. Cedar Ridge did open and is a tribute to all who voted for the bonds in the County. The school is marvelous and has superior qualities with a cafeteria where adults can actually sit on the chairs. Commissioner Brown expressed her thanks and gratitude to Commissioner Halkiotis for Cedar Ridge High School because he was one that saw the need for the school years ago (bond issue). It will be used by the schools and the community. Commissioner Brown asked if the Board wrote any letters to the Governor about the Board's Nuclear Terrorism Forum on May 2"'. If not, she would like to send copies of the questions/answers with a cover letter to the Governor pointing out to him that we do not have the capabilities to protect our citizens in the case of some kind of nuclear mishap at the Shearon Harris Nuclear Power Plant. Commissioner Brown said that the Smith Koal House (historic house on Smith Level Road) was being renovated. However, DOT gave them a permit to cut in an extra road on to Smith Level Road. There are now two driveway cuts on Smith Level Road. She asked that we contact DOT and ask them why they would permit such a ridiculous and unsafe thing. She asked that the transportation planner, Karen Lincoln, bring information back. Commissioner Brown said that she attended the Social Service Board meeting today and that many un-funded mandates may be brought to the Board of County Commissioners. She asked Nancy Coston, Director of DSS, to tell the Board of County Commissioners about these un-funded mandates-- $295,000 was cut from their budget; and she asked Nancy Coston to speak to several of these issues. DSS Director Nancy Coston said that several cuts are Medicaid costs/cuts and one is for nursing homes. In Orange County there may be 18 people who would lose their Medicaid benefits who are already in nursing homes because they have some property issue that needs to be resolved. Other cuts will be in effect but these mandates are ones that DSS is still required to do. Chair Jacobs asked that Nancy Coston keep the Board updated in writing about the programs that are being adversely affected and Commissioner Brown has asked the Social Service Board to do the same. Commissioner Brown stated that the first meeting of the Work First Committee will be Friday, August 23'' at the Southern Human Services Center and all County Commissioners are invited to attend at 8:30 a.m. Chair Jacobs congratulated Habitat for Humanity for the completion of their 100`h home in Orange County. He stated his appreciation for the opportunity to serve with them. He said that Representative Price met with the Economic Development Commission and the Hillsborough/Orange County Chamber of Commerce at Cedar Ridge High School. He gave thanks to Commissioner Halkiotis for his help in bringing Cedar Ridge to fruition. He asked about the cost per square foot of the high school. Chair Jacobs reviewed upcoming events. On September 5`h in Washington, DC, Orange County versus the Nuclear Regulatory Commission will be heard by the U. S. District Court of Appeals. This has to do with the storage of high-level nuclear waste at Shearon Harris. This lawsuit has been on going for four years. He would like to put a press release together for this. Chair Jacobs reminded the Board of County Commissioners and the public that on Monday, September 9, 2002 at 12:00 at the old Courthouse there will be the 250`h Anniversary Celebration of Orange County. At noon at the old courthouse, there will be music, singing, and church bells rung. He asked Economic Development Director Dianne Reid to share information on the 250`h anniversary. She said that banners are to go up in all jurisdictions. There are two additional sponsors: Chapel Hill Chamber of Commerce, which donated $500 and Duke Power, which also donated $500. Also, Sports Endeavors will donate t-shirts for sale. Chair Barry Jacobs also invited all to attend the September 11`h Dedication Ceremony at the Whiffed Center to dedicate the maple trees at noon. This is the "Trees of Strength" program that was initiated by Cooperative Extension. Chair Barry Jacobs expressed concern that he saw a cigarette smoker throw butts out the window on St. Mary's Road. He asked cigarette smokers not to do this, especially during a drought. Commissioner Brown expressed concern about election signs that are all over the County and that some do not meet regulations. John Link said staff is in the process of contacting those candidates that have signs that are not within code and will ask them to take them down by 8/22/02 and if they do not— then the County will take them down. 4. COUNTY MANAGER'S REPORT —No report 5. RESOLUTIONS/PROCLAMATIONS a. Wheels for Work Car Donation Program The Board considered acknowledging the critical role of the Triangle Residential Options for Substance Abusers (TROSA), Inc., has played in the Orange County car donation program, "Wheels for Work." John Link recognized all involved and said that this program has been honored with the Ralph Kettner Award for Innovation and Improvement of Service. He thanked Bill Matthews, but specifically TROSA. Department on Aging Director Jerry Passmore spoke about how this program is a program that helps people to get to their jobs. He introduced and recognized Bill Matthews who is the coordinator of this program. Bill Matthews in turn recognized selected Commission for Women members, DSS Director Nancy Coston and staff person Gwen Price, Purchasing and Central Services Director Pam Jones and her staff, TROSA, and especially President and CEO Kevin McDonald. Commissioner Halkiotis asked about the three most recent cars donated and if they were formerly Sheriff's Department cars and the response was yes. Commissioner Brown read the Proclamation. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution acknowledging TROSA for the critical role they have played in the Orange County car donation program "Wheels for Work" as stated below: RESOLUTION RECOGNIZING TROSA, INC. WHEREAS, Orange County Government and TROSA, Inc. of Durham, North Carolina entered into a collaborative effort to provide donated vehicles to low income working families in Orange County in desperate need of transportation; and, WHEREAS, TROSA shared in the vision to improve the lives of these low income families and meet their goal of self-sustainment by providing reliable, work-related transportation; and, WHEREAS, TROSA made the critical commitment to form the partnership with Orange County Government to enable the Wheels for Work program to exist; and, WHEREAS, TROSA has served as an excellent partner in this highly successful endeavor as recognized by Orange County and the North Carolina Association of County Commissioners; and, WHEREAS, TROSA processed 46 vehicles during the first year of the Wheels for Work operation; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby commend and congratulate TROSA, Inc. of Durham for its support of the Orange County Wheels for Work car donation program. This, the 20 h day of August 2002. VOTE: UNANIMOUS Kevin McDonald spoke and recognized residents and asked Maria (bi-lingual) to speak to the Board of County Commissioners in Spanish and thank them. Commissioner Halkiotis noted in Spanish that government has to be for all of the people. He thinks that this is what this Board of Commissioners has exemplified over the years. b. Tax Collectors Annual Settlement The Board received the tax collector's annual settlement on current and delinquent taxes and considered approving the accounting thereof. Tax Collector Jo Roberson spoke and stated that her diligent staff had an overall collection rate of 98.7%. She spoke on the pre-payment program and said that hopefully we will have a bank draft program set up by January 2003. She said that EMS collections were also up. The projected collections were $750,000 and they have received $818,488. This figure does not include the Medicaid one time reimbursement, which was $46,095. She asked that the Board receive the Tax Collectors Report. Commissioner Brown asked Jo Roberson to speak on the homestead exemption program. Jo Roberson indicated that this was handled by the Tax Assessor's office. Tax Assessor John Smith spoke and said that there are 1000 in this program this year. The limit is now % of the value of the property. This year, $33 million was exempted. Commissioner Brown expressed concerned about senior citizens and exemption from property taxes. Chair Barry Jacobs asked about reimbursements from the State for lost revenues but John Smith said that he could not speak to that. Commissioner Brown asked about the qualifications for homestead exemption and Mr. Smith said if the annual income is under $18,000 and you are 65 or older or 100% disabled —you could be eligible. Commissioner Carey clarified that the homestead exemption is for where you live only and not any other real estate. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the Resolution Approving the Tax Collector's Annual Settlement for Current Year 2001 and Prior Years as stated below: RESOLUTION APPROVING THE TAX COLLECTOR'S ANNUAL SETTLEMENT FOR THE CURRENT YEAR 2001 AND PRIOR YEARS Be it resolved by the Board of Commissioners of Orange County that the following documents attached hereto are received and approved, consisting of the following: (1) Tax Collector's Report of 2001 Unpaid Taxes on Real Property (2) Tax Collector's Report of 2001 Unpaid Taxes on Personal Property (Insolvent List) (3) Tax Collector's Report of 2001 Unpaid Taxes on Motor Vehicles (4) Tax Collector's Report of Minimal Property Tax Bills (5) Report of Collections of Non-Tax Revenue and Miscellaneous Taxes (6) Settlement of 2001 Tax Accounts (7) Settlement of Prior Years (1992-2000) Tax Accounts Adopted this, the 20`h day of August 2002. VOTE: UNANIMOUS C. Health Center Week The Board considered proclaiming August 18-24 as Health Center Week. Commissioner Carey spoke on the new Carrboro Health Center and its functions and its valuable contribution to the community. This health center makes health care affordable to people who have difficulty getting it otherwise. Commissioner Brown asked Commissioner Carey to give a brief history about these community health centers and Commissioner Carey said that there are 1000 in the nation right now and 21 in North Carolina. It started in the 1960's with the war on poverty where communities decided to invest in community health centers. The health centers are private, not-for-profit corporations and there is a federal requirement that 51% of the Board of Directors be represented from among the people who are served by the center. Community health centers are basically one-stop health care centers. It was designed in this way because people had difficulty with transportation and that issue is addressed by having different services under one roof. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the proclamation as stated below, which proclaims August 18-24 as Health Center Week. PROCLAMATION "HEALTH CENTER WEEK" IN ORANGE COUNTY August 18 - 24, 2002 WHEREAS, There are a significant number of residents and citizens in Orange County who are currently medically under-served for a number of reasons, the most prominent of which include geographical isolation, financial or language, and insufficient access to affordable health care; and WHEREAS, Piedmont Health Services, Inc. is a private, non-profit corporation that operates six health centers and a birthing center in four counties including Orange, Alamance, Chatham and Caswell and provide high quality comprehensive primary health care to medically under-served people; and WHEREAS, Piedmont Health Services has made great strides in this multi-county region by maintaining a high standard of accountability, demonstrating cost effectiveness, empowering the community to develop programs to meet its specific needs, and providing health care services in accessible low-cost environments; and WHEREAS, Piedmont Health Services has also made a significant difference in the county health care system by improving access to quality health care provided by trained professionals in areas that had been under-served, promoting individual responsibility and health awareness in the community, and offering primary preventive health care of the highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; and WHEREAS, Community Health Centers like those operated by Piedmont Health Services promote 100% access and zero health disparities to help achieve primary health care for all people; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners do hereby proclaim the week of August 18 through 24, 2002 as "Health Center Week" in Orange County and urge all citizens to recognize the important contributions of the health centers operated by Piedmont Health Services, Inc. to the improvement of the general quality of life of the residents and citizens of Orange County. This, the 20`h day of August 2002. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Tuscany Ridge Preliminary Subdivision The Board received a special report on issues and answers concerning the approved Tuscany Ridge subdivision. Chair Jacobs said that, despite what it said in one of the documents received from a citizen, the Board does want to listen. He said that the Board agrees with Commissioner Gordon in that it was a surprise to the Board that our regulations did not include notification to people in the rural buffer as they do to people elsewhere in Orange County. He said that the Board regrets that this was an oversight on the part of Orange County government for almost 20 years. He said that in the future, residents would be notified about developments. He said that this is not a public hearing. He asked that residents signed up to speak to address the concerns that have not adequately been addressed by the staff or by the County government so that it can be referred to the staff to get some answers. He asked the citizens to keep comments to three minutes. Commissioner Brown said that this is being brought up because of the joint planning agreement with Chapel Hill and Carrboro that created the rural buffer. This is an inter-local agreement with our municipalities and usually we do not tamper with this document. She asked Craig Benedict to describe the inter-local agreement to the public and explain the rural buffer. She personally would not like to see the inter-local agreement tampered with because there was a lot of opposition to it by developers who wanted to break the rural buffer agreement and extend water and sewer. Her position has always been to have a rural buffer and to maintain it so that Chapel Hill and Carrboro do not grow and create a huge urban area all the way to Hillsborough. She thinks it is very nice to see citizens that enjoy the rural buffer and feel a sense of what it is all about. Planning Director Craig Benedict spoke on the joint planning agreement and how this project fits in. The joint planning agreement was adopted in 1987. It set an area together of about 48,000 acres on the north and west side of Chapel Hill and Carrboro. It was one of the first in North Carolina to set some urban growth boundaries. Also, the rural buffer set some density standards. Only one lot per two acres is allowed in the rural buffer. Chapel Hill, Carrboro, and Orange County were partners in this agreement. He said that he is not suggesting major changes to the agreement, but we do need to look at it and improve it in some ways. He referred to a hand out with about nine issues, which he will address later. He went on to give a history of the Tuscany Ridge project. In November 2001 a concept plan was submitted for 22 lots on 55 acres. It was processed by staff for about five months and in March 2002 it was brought to the Planning Board. The concept plan was approved unanimously by the Planning Board. It then moved to the preliminary plan stage. On June 6`h the Planning Board unanimously approved the subdivision because it met all conditions of the code. The subdivision was brought to the Board of County Commissioners on June 27`h. It was reviewed and approved by the Board of County Commissioners. He described how some sections of the code have neighbor notification and other sections of the code do not. Major subdivisions within the rural buffer do not require neighborhood notification. He said he could informally notify neighbors about a subdivision but that it is not a part of the code. He does agree that similar notification requirements throughout the County would be fair and equitable. He said that we could proceed with a rule change to the land development code in the subdivision process and make neighborhood notification a requirement. Craig Benedict then explained some maps of the rural buffer and transition areas. He said that over 57% of the parcels within the rural buffer are less than 5 acres. There is still a lot of development potential in the rural buffer. Craig Benedict then explained a map of Tuscany Ridge. There are a lot of undeveloped parcels to the east and west of the subdivision. There is a 147-acre parcel to the east and over 150 acres to the west. During the staff deliberation they made sure that if those other parcels develop that there would be stub-outs to service the other undeveloped properties. The pattern in the general area ranges from two-acre lots up to 10 and 20-acre lots. The regulations within the rural buffer do not require open space. But in this project, there is approximately 17.6% open space that has been preserved for the homeowners association to control. The important thing to note with this project is that there are no streams that bisect the property, so there are no major encumbrances for environmental concerns because there are no slopes in this development. He said that this project was not brought through as a minimum project because it has only 22 lots with some open space and trails, which are not a requirement of the general code. Craig Benedict made reference to comments made by the public about off-site roads in this development. This was addressed by the letter from Mike Mills, which said that Arthur Minnis Road has been put on the paving maintenance system. On-site roads will be built to public road standards. There were also comments about the fiscal impact of the project and the fiscal impact analysis shows a positive balance for fiscal impact. He said that throughout the process that both the Planning Board and the Board of County Commissioners have evaluated all of the issues and have made an appropriate decision on the subdivision. Chair Jacobs asked the County Attorney to describe where the County is in the subdivision process. County Attorney Geoffrey Gledhill stated that this project received preliminary plan approval on June 27`h by the Board of County Commissioners. At that point, the developer is free to begin all phases of development of the project. As a result of that, there is a "no look back" for the project— it has received final approval. There are things that have to be done before final plat approval, but most of these issues are check off lists. Basically this is an "out of the barn" issue and all of the planning and other regulations were followed. The project did satisfy all of the requirements of Orange County's subdivision regulations and in some instances exceeded those requirements. He said that notifications have only been in place since the mid-1990's. It was not put in place for the rural buffer for reasons of not wanting to make any change to the rural buffer from what was approved many years ago. Subdivision regulations began requiring notification to property owners in the mid-1990's. He said that the notice requirement can now be required for developments in the rural buffer by an ordinance amendment that requires the developer to do the notification or for Orange County to do the notification process. He said that Orange County has never had in place public hearings for subdivision requests. Orange County is in step with other counties by not requiring public hearings on issues like this. Public Comments Bob Johnson said that his comments would take longer than three minutes and other people would probably defer their time to him. He referred to his handout, "Questioning Tuscany Ridge." He said that they are not against development on the land owned by this development company. They are against development as it is currently planned because they think it is highly inappropriate to the area. He has lived in Orange County for 39 years. He expressed concern about the two-acre limit within the rural buffer. He said that this development bears no resemblance to anything rural whatsoever. He said that Tuscany Ridge sets a bad precedent for development in the rural buffer because it is vehicle-based and suburban in nature and designed purely for maximized density. He said that most of the people that are here about Tuscany Ridge took one look at the development plan and immediately saw it as "obscene." He asked why create such a thing as a rural buffer and then keep developments within it secret until they are approved. He said that when they went to the Planning Board meeting on July 10`h they were shocked and amazed to find that it was Planning Department members who were developers' champions in these meetings. He said they were wondering who stands for the community. He then referred to his handout and read the issues as follows: • Approval of the Preliminary Plan was Premature • Approval of the Preliminary plan was based on incomplete or erroneous information • Discriminatory treatment of citizens in the rural buffer being treated as second class citizens in Orange County • Planning Board reactions as a result of the presentations on July 10`h • Comparison of county financial impacts of using planning department averages and more realistic census data averages. Regarding premature approval, he said that Craig Benedict pointed out in his memo that lot size and density in the rural buffer is under review as part of the Comprehensive Plan review. No major developments should be allowed to proceed during this review period. On May 6, 2002 the Planning Board sent a letter to the Board of County Commissioners suggesting a moratorium on large developments in light of the forthcoming revision of the land use element of the Comprehensive Plan. He said that, according to the Planning Department on page 3 of their presentation, issue #1, the USGS report used to help determine minimum lot size based on water consumption/discharge, soil characteristics and rainfall data is under review and will likely be part of future land holding capacity constraints. No major development should be allowed to proceed while this is under review. The rural buffer is defined, in part, as land that is rural in nature and will remain rural. Nothing in the preliminary plan identifies how Tuscany Ridge fits within the definitions of the rural buffer and how it helps maintain the rural character identified in the joint planning agreement. The joint planning agreement says the existing nature of the land is rural and it shall remain rural. He said that the County apparently chose to define rural as having a two-acre lot size. Bob Johnson then spoke about some erroneous information. Regarding the fiscal impact analysis, one of the big issues is the demographic data. One of the problems is that this approach uses averages for demographic data. For Tuscany Ridge, the numbers were 2.5 people per house and 11 school aged children within the entire development. The neighbors think this is ridiculous because this is a development of 22 five-bedroom houses priced and designed to appeal to active families. When realistic data is fed into the equation, the development is a money loser for the County and should not have been approved based on those criteria. He made reference to water and said that this plan was approved while the area was in a severe drought. Water availability for household use and for fire protection has not been adequately addressed. Several wells near the Tuscany Ridge site have gone dry this summer. He said that 22 new wells in such a small area would be a problem for people living in Tuscany Ridge and for people living near it. This information was not made available to the Planning Board or to the County Commissioners during the approval process, nor was there any hydrologic study done to determine the availability of water and a possible impact on neighboring wells. He then spoke about the soil in the area and said there have been perking problems in the area. The septic systems proposed in Tuscany Ridge are more prone to failure than truly "conventional" septic systems. Bob Johnson then spoke about the notification process and said that notification could easily have occurred because there is not that many people living in the area. They were not asking for a public hearing, just notification. He said that it was pointed out in the Planning Board minutes that the developer had spoken to people in the area and that there were no problems. He said that no one had heard anything about Tuscany Ridge until he told them about it. Bob Johnson then spoke about discriminatory treatment of people in the rural buffer. The subdivision regulations for major subdivisions for all of Orange County, except the rural buffer, require a neighborhood information meeting. This discrimination of residents in the rural buffer is outrageous. He said that no major development should be approved without knowledge of or input from members of the affected community. He said that the joint planning agreement specifically states that developments within the rural buffer are to be treated the same as developments in the rest of the County except as specifically noted in the joint planning agreement. He read from Section 2.4.a of the joint planning agreement as follows: "Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2.2 in the same manner as if the land were located outside the joint planning area." He said that Orange County erred in approving Tuscany Ridge without neighborhood notification, and in so doing, injured Orange County residents in the rural buffer adjacent to the Tuscany Ridge property. He then spoke about some of the Planning Board members' reactions and said that the Planning Board in effect reversed their decision on Tuscany Ridge by passing a resolution to request that "the Commissioners hold a special meeting to reopen the public hearing on Tuscany Ridge, receive public comment, and as well have staff research recommendations on the issues brought up at this planning meeting." He pointed out that all of the quotations are people saying in effect that they would not have voted to approve this subdivision had they known all of the issues. Bob Johnson made reference to the pink piece of paper and said that DOT plans to pave 800 feet of Arthur Minnis Road. He said that people along the unpaved section of road are mixed in the views in paving all of Arthur Minnis. All of the people are against paving the 800-foot section of this road because it is obviously a driveway for Tuscany Ridge and a government subsidy of the development. DOT wants to pave this road because it has a mandate to pave roads. He requests that Orange County reject paving this portion of the road. In closing, Bob Johnson asked the Board of County Commissioners to reverse approval because of the above issues. Commissioner Carey asked about the 800 feet of paving and how DOT got permission to pave. Bob Johnson said that when the lots were first broken off two or three decades ago, a right of way was given by the original owner of the land to the DOT. John Ingersoll-deferred to Bob Johnson Virginia Godfrey-deferred to Bob Johnson Fred Zimmerman-deferred to Bob Johnson Kim Dodson from 6511 Rocky Ridge Road said that they have a corner property and no one has approached her about paving the road, but DOT came out and put up stakes. DOT told her in-laws that they were going to pave their road. No one has had notification about paving her part of the road. Her second issue is water. She has concerns that the County is in a drought situation and this development wants to put in 22 wells. She said that someone should have notified them. She believes Mr. Byrd and Mr. Benedict must live in that "little room" in Raleigh that Commissioner Halkiotis spoke of earlier. She said that some numbers are rolling out of someone's little office and they have not bothered to think about the impact that it is going to have on their community. Bob Newton-deferred to Bob Johnson John Potter-deferred to Bob Johnson Dorothy Potter-deferred to Bob Johnson Lucy Adams-deferred to Bob Johnson Susan Attermeyer-deferred to Bob Johnson Ann Cava I I ito-defe rred to Bob Johnson Sally Enso-deferred to Bob Johnson Doris Friend-deferred to Bob Johnson Sam Fudge said that he has been referred to as the SOB because he refused to agree to let DOT pave this road. He bought the land from Don Mathison. He has been fighting DOT for 40 years to get them to keep the culvert from draining in to his pond. He paid an engineer to look at it and sent the report to the DOT, but they ignored it. Pam Eastwood-deferred to Bob Johnson Bellina Veronesi said that she has lived in this area for 15 years. Yesterday they attended a meeting held by the developer, Mr. Byrd. He presented himself as a gentleman that wanted to be part of the community and to live within Tuscany Ridge on a 17-acre lot. As the meeting deteriorated, it turned out that it did not perk and it became two-acre lots also. She said that they left the meeting disheartened and discouraged. She said they have tried to deal with this in a civil manner. She thanked the County Commissioners for listening to the neighbors. Marion Wilson said that she owns the 147 acres to the east. She said that nobody asked her anything about this land. She said that her land will now be in the conservation program and will not be developed. She said that the paved road will end at a natural spring at the edge of the Tuscany Ridge land and she is concerned about this spring if the road is paved. Chair Jacobs asked the Manager to ask the Planning Director and the County Attorney to discuss these issues that were spoken to tonight and report back to the Board. He also asked the Manager to speak to DOT District Engineer Mike Mills about the safety of paving this curve on Arthur Minnis Road and to clarify what our powers are with DOT and to prepare that in writing and go with what is in our purview and to share with the public. He said the Board of County Commissioners cannot guarantee that the County can do anything or change anything. He said they will be updating the land use plan and it is important to participate in this process. He encouraged citizens to apply for County boards such as planning, etc. Commissioner Halkiotis commented that he was personally troubled by the pink sheet (paving of Arthur Minnis Road). He read parts of this sheet and asked why there was a partial paving of 800 feet, which is less than three football fields. He said that he has been on this Board long enough to know that DOT does not like doing partial pieces of road. He said this has a bad taste. He asked that we take this information (which none of the Board of County Commissioners knew about) and have the County Manager call Mike Mills and ask to hold off on paving this stretch of road. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to take the procedural steps necessary to implement the Planning Board's recommendation that Orange County require public notification of major subdivisions within the rural buffer. This action requires a change in the existing subdivision regulations. Chair Jacobs added to the motion that we informally authorize the Planning Department to give notice to residents of the rural buffer anytime there is a subdivision proposal. Notification will be given for residents within 500 feet of the proposed development just like it is for major subdivisions outside the rural buffer. Commissioner Brown asked to review the sign ordinance because there was a lot of dissention over it. This was added to the motion. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to ask DOT to suspend paving of Arthur Minnis Road indefinitely until we have a hearing to clarify the issues. VOTE: UNANIMOUS Commissioner Brown made comments about the Board of County Commissioners having limited powers sometimes, especially with DOT. She said that septic issues are controlled by the State. She has always been extremely concerned about the septic systems. She thinks that we need to have a more elaborate understanding of how the Planning Department is going to deal with erosion control and how it is going to impact the neighboring properties. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to have the Planning Department to investigate erosion control and septic systems and the impact on neighboring properties. VOTE: UNANIMOUS Craig Benedict clarified the direction to the staff. He said that Environmental Health would help Planning with any septic system issues. Planning can report on erosion control. Commissioner Halkiotis made reference to page 19 of the minutes and verified with Craig Benedict that from a well standpoint, there is no minimum flow limit. He suggested that the staff examine this also, even though it is a State standard. Chair Jacobs mentioned the comment about the spring right next to the road and asked staff to review the tape and listen to the issues that were raised. Those issues that are within the Board's purview, we ought to address, and those that are not within our purview, we ought to identify as such. Marion Wilson said that at the meeting last night with Mr. Byrd, he reported that his well expert had looked at all the wells in the area and looked at the water flow and they were an average of 10 gallons a minute. This information was from when the wells were drilled years ago. She does not think that he can get 22 good wells there. Commissioner Brown asked that Environmental Health Director Ron Holdway speak to the issue of wells. Ron Holdway said that they do not test for flow of wells themselves. He said that groundwater tends to be a constant flow. Staff has discussed the issue of water availability on any given lot. Commissioner Brown asked if there was any information on well failure during the drought. Ron Holdway said that his department is starting to track well failures now and they will add this to the issues to investigate. Chair Jacobs noted that it is now 10:35 p.m. and he expressed that the Manager has indicated that only one item needs attention on the rest of the agenda and that is item 9-a1. The Board does not need to have a closed session. John Link asked that the Board approve those consent items where there are no issues, and specifically item 8-g. Chair Jacobs asked for a vote to extend the board meeting to address item 9-a1 and any other matters that may need addressing. A motion was made by Commissioner Brown, seconded Commissioner Halkiotis to extend the meeting to address item 9-a1. VOTE: UNANIMOUS b. Community Development Block Grant Award — IDA Program The Board was to consider approving the execution of a grant agreement, funding approval form, signatory form, certification cards, and resolution for the FY 2001 Community Development Block Grant award, and consider adopting a grant project ordinance for the award. Postponed until September 3, 2002 meeting C. Drought Impacts on Farming The Board was to receive an update on the present drought situation, the effect the drought is having on the farming community, and the response from agriculture and related agencies. Postponed until September 3, 2002 meeting 7. PUBLIC HEARINGS - None 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes None b. Appointments 1) Orange County Board of Adjustment— Move One Alternate Member to a Regular Position The Board moved Joyce Moore Beasley from position #2: Alternate —At-Large, to position #6: Regular—At-Large, with a term expiration date of June 30, 2005. 2) Work First Block Grant Planning Committee The Board approved the appointment of the members of the Work First Block Grant Planning Committee as listed in the agenda abstract. C. Motor Vehicle Property Tax Refunds The Board approved 149 requests for motor vehicle property tax refunds in accordance with the resolution, which is incorporated herein by reference. d. Property Tax Refunds The Board approved four requests for property tax refunds in accordance with the resolution, which is incorporated herein by reference. e. Property Value Changes The Board approved changes made in property values after the 2001 Board of Equalization and Review had adjourned in accordance with the resolution, which is incorporated herein by reference. f. Budget Amendment#1 The Board approved budget ordinance amendments for the Department on Aging and Department of Social Services, and capital project ordinances for Cedar Ridge High School and OCS information technology for fiscal year 2002-2003. g, HUD Cooperative Agreement for FFY 2002 The Board approved and authorized the Chair to sign a cooperative agreement between Orange County and the U.S. Department of Housing and Urban Development (HUD) for services performed by the County during FFY 2002. h. Adult Day Care Nursing Service Agreement with UNC School of Nursing The Board approved and authorized the Chair to sign an agreement with the UNC School of Nursing for the new Central Orange day health care program. i. Agreement Renewal with Respite Care Providers and the Department on Aging The Board approved and authorized the Chair to sign the renewal of agreements with respite care providers for the Department on Aging for fiscal year 2002-2003. i. Service Coordination Renewal Agreement with Manley Estates and the Department on Aging The Board approved and authorized the Chair to sign the renewal of an agreement with the Department on Aging Eldercare division to provide onsite service coordination for residents of the new First Baptist and Manley Estates senior housing complex in Chapel Hill. k. Agreement Renewal with UNC Family Medicine and Health Department The Board approved and authorized the Chair to sign a renewal of an agreement with UNC Family Medicine for physician services for the Health Department. I. Agreements between CHCCS, OCS and Health Department for School Nurses The Board approved and authorized the Chair to sign agreements between the Health Department and the Chapel Hill-Carrboro City Schools and Orange County Schools for school nurse funding. m. Housing Rehabilitation Contract Awards The Board awarded a housing rehabilitation agreement for the HOME program and three contracts for the CDBG housing rehabilitation program. n. Impact Fee Reimbursement— Habitat for Humanity/Richmond Hills The Board authorized the reimbursement of impact fees to Habitat for Humanity of Orange County in the amount of$12,000 for four new homes. o. Duke University Landfill Buffer Easement The Board approved and authorized the Chair to sign a deed of easement for a 200-foot easement located on Duke University property to be used as a buffer for the expanded Orange County construction and demolition landfill. p. Letter of Support— Trading Path Preservation Association The Board authorized a letter of support for Trading Path Preservation Association (TPPA) for an upcoming grant application. _q. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved petitions to add 12 roads in County subdivisions to the state-maintained secondary road system. r. Petition for Abandonment of State Maintenance on a 0.20-mile Segment of Teer Road SRI 1100) The Board approved the request by the N.C. Department of Transportation for abandonment of a .20-mile segment of Teer Road from the state secondary road maintenance program. S. Amendment to the Joint Planning Agreement (JPA-1-02) to Provide a Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Board adopted a proposed amendment to the joint planning agreement to provide linkage with the water and sewer management, planning and boundary agreement. t. Bid Award/Contract Approval: Register of Deeds Software The Board awarded a bid and approved in substance a contract for an integrated software package for the Register of Deeds Office. VOTE ON CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a1. Resolution endorsing the Establishment of a Rural Planning Organization The Board considered endorsing the concept of establishing a Rural Planning Organization for the Counties of Orange, Chatham, Lee and Moore with the Triangle J Council of Governments serving as the Lead Planning Agency for the RPO. Chair Jacobs said that we are just approving participation in the RPO tonight and not the Memorandum of Understanding. He also said that Chatham County is interested in being in an RPO with Orange County. Commissioner Gordon asked why this item was so rushed. Deputy Secretary of DOT Roger Sheats said that it only seems rushed because the work has been going on with Lee, Moore, and Chatham Counties for most of the year. These three counties have passed resolutions. He said that there have been 17 RPO's chartered so far. Commissioner Gordon asked what type of commitment are we making to the MOU or is it just the resolution we are approving. Mr. Sheats said that he would like to have the four counties to sign the MOU before an RPO is chartered. He said there is five years of State funding committed to RPO's. He wanted to let the Board know they have not had one negative response from any of the17 chartered RPO's. They are interested in unifying a rural voice with the MOU (and would like it signed before August 28`h) Commissioner Gordon said that she thinks the concept of the RPO is fine. She said the handout says that the RPO members will sign the MOU when the RPO is chartered. She asked how it would be chartered if we do not sign the MOU tonight. Mr. Sheats said that the Board could do whatever it wanted because Moore County did not endorse the MOU last night, but passed a similar resolution. Commissioner Gordon stated that she is concerned about some of the issues and she does not think the Board could come into accord in just a few days. She has not had the chance to study the information. John Link recommended that the Board endorse the resolution and that if there is time after the Quarterly Public Hearing, that the Board can continue discussion of the MOU before August 28`h Chair Jacobs clarified that Orange County would not be chartered on the 28`h if the MOU was not signed. Commissioner Brown asked why Alamance County is not incorporated into our RPO. Mr. Sheats stated that they chose to be covered by a metropolitan plan. Commissioner Gordon asked how Orange County would get chartered if the MOU were not signed on the 28`h. Mr. Sheats would like to have the Secretary of DOT come and look at the dates in September. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adopt in concept the resolution endorsing the establishment of a Rural Planning Organization for the Counties of Orange, Chatham, Lee and Moore with the Triangle J Council of Governments serving as the lead planning agency for the RPO as stated below.—The resolution will be considered later, after the Board obtains further information. A RESOLUTION TO ENDORSE THE CONCEPT OF ESTABLISHING OF A RURAL TRANSPORTATION PLANNING ORGANIZATION FOR THE COUNTIES OF ORANGE, CHATHAM, LEE AND MOORE WHEREAS, section 135 of Title 23, United States Code, declares that it is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve all areas of the State efficiently and effectively; and WHEREAS, North Carolina General Statutes 136-211 enacted July 6, 2000, provides for the establishment of Rural Transportation Planning Organizations (RPOs) similar in concept to Metropolitan Planning Organizations (MPOs) for transportation planning in North Carolina's urban areas; and WHEREAS, the Orange County Board of Commissioners is committed to provide comprehensive and multimodal transportation options to all county residents, including those in rural areas; and WHEREAS, the Counties of Chatham, Lee, Moore and Orange comprise a portion of the Region J Planning Area; and WHEREAS, Triangle J Council of Governments is the coordinating agency for regional planning efforts in the Region J Planning Area, and would serve as the Lead Planning Agency for the RPO; and WHEREAS, the establishment of a Rural Transportation Planning Organization (RPO) would provide rural areas of Orange County the opportunity to work in partnership with the North Carolina Department of Transportation toward development of sound, short and long-range transportation planning for rural areas within the Region J Planning Area; NOW, THEREFORE, BE IT RESOLVED, It is the desire of Orange County government to endorse the concept of establishing a Rural Transportation Planning Organization with the Counties of Chatham, Lee and Moore in the Region J Planning Area and excluding areas of Orange County that are already included in the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization boundary. This, the 20`h day of August 2002. VOTE: UNANIMOUS a. Alcoholic Beverage Control Board —One Appointment The Board was to consider one appointment to the Alcoholic Beverage Control Board. Postponed until September 3, 2002 meeting b. Durham Tech Satellite Campus Advisory Committee for Programming Needs Assessment(ACPNA) The Board was to consider appointments to the Durham Tech Satellite Campus Advisory Committee for Programming Needs Assessment (ACPNA) Postponed until September 3, 2002 meeting C. Economic Development Commission —Three Reappointments and One New Appointment The Board was to consider three reappointments and one new appointment to the Economic Development Commission. Postponed until September 3, 2002 meeting. d. Jury Commission —One Appointment The Board was to consider one appointment to the Jury Commission. Postponed until September 2, 2002 meeting 10. REPORTS 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION The Board was to go into closed session "to consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board concerning two matters one of which is Orange County v. the Nuclear Regulatory Commission, N.C. Gen. Stat. 143-318.11 (a) (3) Postponed 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 11:00pm. VOTE: UNANIMOUS The next meeting will be a Joint Public Hearing with the Planning Board and is scheduled for Monday, August 26, 2002 at the F. Gordon Battle Courtroom, in Hillsborough, N.C. Barry Jacobs, Chair Donna S. Baker Clerk to the Board