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HomeMy WebLinkAboutMinutes - 20021106 APPROVED 1/21/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 6, 2002 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, November 6, 2002 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, 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 and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County 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. 1. Additions or Changes to the Agenda Chair Jacobs pointed out the lavender sheet that was a replacement for item 5-e. It reflects some changes recommended by the County Attorney. Chair Jacobs said that there were a lot of people signed up to speak for Tuscany Ridge and the Board of Commissioners may move this item up on the agenda, depending on the time. 2. Public Comments a. Matters not on the Printed Agenda - none b. Matters on the Printed Agenda (These matters were considered when the Board addressed the items on the agenda below.) 3. Board Comments Commissioner Gordon recognized Senator Lee and expressed her regrets for not attending the reception because she broke her foot. Commissioner Gordon said that she had attended a meeting of the Transportation Advisory Committee (TAC) and they considered the Long Range Transportation Plan for 2025 and putting it out for public comment. They decided to put it out for public comment with the Option 7, which has been renamed the Revised Northern Durham Parkway. She did vote against this because the Board of County Commissioners had already voted against it. It is a 42-day comment period and there will be a public hearing on December 4`h at Durham City Hall. Also, on December 18`h there will be adoption of the plan and it will go forward for air quality conformity analysis. She also brought up the Elizabeth Brady Road Extension at the meeting and articulated the Board's concerns. The TAC wants Orange County and Hillsborough to get together and suggest what they would like to recommend. She said that Mayor Phelps was at the TAC meeting and he stands ready to meet with Orange County. The TAC wants to know what Durham County and Durham City thinks about the revised Option 7 as well as Orange County, Chapel Hill, and Carrboro. Commissioner Carey congratulated his colleagues for winning and also our State delegation. Commissioner Halkiotis thanked all citizens for participating in the process of the election. Commissioner Brown congratulated all for running good campaigns. She said that the final meeting of the Intergovernmental Parks Work Group for this year was last week. She said that they have had a very successful year. The next meeting will be in February. This group has brought together people in the County that are committed to parks. Chair Barry Jacobs reported on two meetings that he had attended lately. One was with Carrboro and they talked about their improved communication that included traffic impacts regarding the Chapel Hill Park and Educational Campus, potential high school sites in Carrboro, and possible acquisition of some property in the Bolin Creek corridor. They will also have a meeting of the High School Planning Task Force tomorrow to look at potential school sites in the Carrboro jurisdiction. Another meeting was with the Orange Grove Road Work Group and he applauded the excellent work by staff. The key component was access management. Chair Jacobs congratulated Commissioner Gordon and Commissioner Halkiotis on being reelected. He said that we have a good legislative delegation and a good congressman to represent us at the state level. 4. County Manager's Report H2Orange Update: John Link introduced County Engineer Paul Thames and spoke on how to conserve water with conservation education, especially those on wells. Paul Thames said that their H2Orange efforts have moderated somewhat with no water restrictions in place at this time. They are still maintaining the website and hotline. They are still providing a sheet with water conservation tips. They are continuing to hand out water saving devices and to date have given out 179 shower heads, 160 aerators, 126 flappers for toilets, and 86 leak detector kits for toilets. Nearly half of those people are customers of the Orange-Alamance water system. The State drought website says that Orange County is still in an area of moderate drought. Commissioner Brown said that OWASA has a group that is working on drought issues and asked if Paul Thames was working with this group. Paul Thames said that he has been going to their meetings with all of the water providers from this part of the State (Raleigh, Durham, Burlington, Mebane, Graham, Cary, Apex, Chatham County). 5. Resolutions or Proclamations a. Resolution Recognizing and Honoring Senator Howard N. Lee The Board considered a resolution recognizing and honoring Howard N. Lee. Commissioner Carey read this resolution to Mr. and Mrs. Lee. He said that he and others shared the opportunity prior to this meeting to honor Senator Lee at a reception to recognize him for his service to the Orange County area, the State, and the nation over the last 34 years. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION RECOGNIZING AND HONORING SENATOR HOWARD N. LEE WHEREAS, the Honorable Howard N. Lee began his political career in North Carolina in 1969, serving as Mayor of Chapel Hill from 1969 through 1975, and; WHEREAS, from 1977 to 1982, Senator Lee served the State of North Carolina and its residents as Secretary of the North Carolina Department of Environment and Natural Resources; and WHEREAS, in 1990, Senator Lee was appointed to the North Carolina Senate to represent the sixteenth district which included Orange, Chatham, Moore and parts of Lee and Randolph Counties, and was re-elected to the North Carolina Senate in 1992, 1996, 1998, and 2000; and WHEREAS, throughout his thirty-plus years in North Carolina government, Senator Lee has demonstrated selfless devotion in his pursuit of the best for Orange County and the entire State of North Carolina and has provided exemplary leadership and maintained high personal integrity; and WHEREAS, Senator Howard Lee's greatest strengths include his willingness to initiate and advocate for educational programs, make difficult decisions and to always place children first; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, on behalf of the residents of Orange County, hereby expresses to its sincere gratitude and deep appreciation to Senator Howard N. Lee for more than three decades of outstanding and admirable public service; and BE IT FURTHER RESOLVED that the Board of Commissioners extends to Senator Howard N. Lee its highest regard and best wishes for many years of happiness, good health and rewarding experiences in his future endeavors. This, the 6`h day of November 2002. VOTE: UNANIMOUS b. Resolution: 4-H "Wall of Reconciliation" The Board considered a resolution of the 4-H "Wall of Reconciliation"to be erected and dedicated at Efland-Cheeks Community School Park. Cooperative Extension Director Fletcher Barber accepted this resolution and said that this is an outcome project from creating connections. This is sponsored by the Cooperative Extension Service and its 4-H program and TIME (Teens Influencing the Minds of Everyone). He said that young people had an opportunity to go out and talk about diversity among the county and did decorative tiles to put on a wall (to be built) permanently at Efland-Cheeks Community School Park. Commissioner Gordon read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF DIVERSITY, LEADERSHIP AND CITIZENSHIP FOR THE COOPERATIVE EXTENSION 4-H YOUTH DEVELOPMENT PROGRAM WHEREAS, the Cooperative Extension 4-H Youth Development Program is a positive organization that engages families, businesses, and communities to create youth aspirations and the competencies necessary to be productive, responsible citizens, and WHEREAS, the Orange County Extension 4-H Youth Development Program is dedicated to serving the youth of Orange County, in helping young persons to acquire self-esteem, leadership, and responsibility as well as to become accountable for citizenship and community service activities, and respecting differences in others, and WHEREAS, the Cooperative Extension Youth Development Program, in collaboration with Creating Connections, has committed time and energy with the teen population through an AT&T funded 4-H project TIME: (Teens Influencing the Minds of Everyone), by providing hands-on experiential learning through numerous programs that instill respect for others, communication, citizenship and leadership skills, and WHEREAS, the Cooperative Extension has been active in ensuring the development of future productive adult citizens through the work of the 4-H Youth Development Program, and WHEREAS, the Cooperative Extension Youth Development Program will erect a 4-H "Wall of Reconciliation" at the Efland-Cheeks School Park to display the appreciation of local diversity, to increase ownership and pride in the community and recognition for the positive, past, present and future of youth development in Orange County; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners recognizes and bestows gratitude to the Cooperative Extension 4-H Youth Development Program as they celebrate the centennial of 100 years of growing and learning through commitment, cooperation, and collaborative services for the youth in Orange County. VOTE: UNANIMOUS Fletcher Barber recognized Iris Fuller, the 4-H agent. C. Home and Hospice Care Month Proclamation The Board considered a proclamation designating November 2002 as "Home and Hospice Care Month" in Orange County. Commissioner Carey introduced this item and asked Helen Poole to come forward. Helen Poole thanked the County Commissioners for this proclamation and for their support of these services. Commissioner Brown read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign the proclamation as stated below: HOME AND HOSPICE CARE MONTH NOVEMBER 2002 WHEREAS, in-home health, hospice and community based services provide for an individual's health and social needs across the continuum of life — compassionate care which serves expectant mothers, infants, children, adults, the disabled and elderly, and also provides love, comfort and support at the end of life; and WHEREAS, in-home health, hospice and community based services enable Orange County residents to access a wide variety of quality health and social services, including preventive care, acute care, sustainable long-term care and palliative care; and WHEREAS, these services include care provided by home health agencies, licensed home care agencies, hospice agencies, adult day care and adult day health care facilities, and home medical equipment companies; and WHEREAS, in-home health, hospice and community based services build upon a strong tradition of care and compassion, striving to keep families intact and responsible while preserving an individual's independence and dignity in the setting of their choice; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim November 2002 as "HOME AND HOSPICE CARE MONTH" in Orange County, and urge all Orange County residents to celebrate all in-home and community based services. This, the 6`h day of November 2002. VOTE: UNANIMOUS d. Resolution to Continue Water Conservation Practices The Board reviewed and considered approval of a resolution endorsing the continuing efforts and strategies to conserve potable water supplies in Orange County. Hillsborough Mayor Joe Phelps asked if he could speak about a few concerns. He wants to make sure that the media gets it right about increased water rates. He said the TV media had taken a report about OWASA increasing their water rates and had said that Hillsborough was going to raise their rates. He said that their new reservoir is good and they have more water than they have ever had. We need to conserve water but Hillsborough also needs to sell water because they have a lot of water now. They have not increased use much since the restrictions have been lifted. He is concerned that his customers are getting a bad message. He said that their finances have been affected through the summer because of the low water usage. He is not against the resolution. Chair Jacobs asked the Manager about the survey of County buildings for water conserving devices. John Link said that they have been working on this, but he does not have a report tonight. This will be brought back by the end of the calendar year. Paul Thames said that the Board of County Commissioners asked for this resolution about continuing the conservation efforts. John Link said that staff saw that the descriptions of the water drought are different for each municipality. The stages of restrictions are also different for each provider. The staff would like to make this more user friendly for the citizens. Also, the Eno River Capacity Use Agreement needs to be updated. Commissioner Brown made reference to the last "whereas" in the resolution. She said that the Purchasing Director is looking into the purchase of barrels that people can use to collect rainwater and will bring back a report to the Board. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: A Resolution Advocating the Continuation of Interlocal Efforts Fostering Conservation of Potable Water WHEREAS, Orange County and central North Carolina have of late been severely impacted by prolonged and severe drought and ensuing shortages of potable water affecting residents depending on individual ground water and municipal-type surface water supplies; and WHEREAS, the experiences of Orange County, its water providers and residents have demonstrated that the uncertainties of weather and rainfall patterns, when combined with inefficient or wasteful water use practices, can create severe shortages in potable water supplies to the extent that the public health and welfare is seriously jeopardized; and WHEREAS, the language, terms, requirements and conditions of the various drought and emergency water use regulations and ordinances applicable to the customers of the various water providers operating within Orange County need to be examined for clarity and coordination between the various water providers and their respective service areas; and WHEREAS, Orange County, in discharging its statutory responsibilities to protect and enhance the public health, safety and welfare of all the residents of Orange County, does have a strong interest in assuring the availability of a high quality supply of potable water; and WHEREAS, Orange County owns and operates Lake Orange, a water supply reservoir that serves as a primary water supply for the Town of Hillsborough and the Orange-Alamance Water System; and WHEREAS, Orange County coordinates the use of water supplies drawn from the Eno River under the provision of the Eno River Capacity Use Agreement; and WHEREAS, Orange County has sponsored, in cooperation with the US Geological Survey, two studies of the ground water resources in Orange County; and WHEREAS, Orange County seeks to ensure that the demand for potable water supplies generated by the County's existing population as well as population growth and development can be reconciled with availability of those supplies; and WHEREAS, Orange County seeks to ensure the responsible and farsighted use of effective but relatively simple strategies and technology that exist to reduce demand and enhance availability of potable water supplies for the County's existing population as well as population growth; and WHEREAS, the residents of Orange County are provided municipal water utility services by the Town of Hillsborough, Orange Water and Sewer Authority, the City of Durham, the City of Mebane and the Orange-Alamance Water System; and WHEREAS, the water distribution systems of the Town of Hillsborough, Orange Water and Sewer Authority, the City of Durham, the City of Mebane and the Orange-Alamance Water System are interconnected; and WHEREAS, in time of need, treated water has been and is still transferred to, between and through the water distribution systems of the Town of Hillsborough, Orange Water and Sewer Authority, the City of Durham, the City of Mebane and the Orange-Alamance Water System; and WHEREAS, Orange County participates in an ongoing dialogue with the Town of Hillsborough, Orange Water and Sewer Authority, the City of Durham, the City of Mebane and the Orange-Alamance Water System about watershed protection, water conservation and extension of utilities; NOW THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby request and recommend that all of the major water utility providers to the residents of Orange County (the Town of Hillsborough, Orange Water and Sewer Authority, the City of Durham, the City of Mebane and the Orange-Alamance Water System), and all individual residents whose homes and businesses are provided potable water supplies by ground water wells, continue to be mindful of the need to conserve potable water supplies and seek out, implement and use those readily available and simple strategies and technology that will reduce the demand for potable water supplies to the extent practicable. This, the 6th day of November 2002. VOTE UNANIMOUS d. North Carolina Debt Setoff Program The Board considered a resolution authorizing staff to include Orange County in the North Carolina Local Government Debt Setoff Program. Assistant County Manager Rod Visser said that this is a relatively new program giving counties the ability to collect debt and to develop an agreement (with Five Star Computing out of SC) to collect debts. The staff has seen other governments get involved in this process with Five Star. What is more successful is the simple act of writing a letter to get people to come in and pay their debts. The staff is recommending pursuing a pilot initiative related to delinquent taxes on registered motor vehicles. The County may then broaden the program to collect other debts. Commissioner Halkiotis asked what it is about South Carolina. The company that sends out our tax notices is also out of South Carolina. He asked if anyone in North Carolina did this kind of business. Tax Collector Jo Roberson said that she did not know why they have chosen this company from SC. Commissioner Halkiotis said that he is frustrated because we are always sending our money outside of North Carolina. He said that he finds that there are loopholes in the system. There are some motor vehicle owners that buy a new tag each year and do not have to pay their taxes. He thinks it is incredible that North Carolina has a computer system that cannot double check on people. Jo Roberson said that the block is tied to the tag and not the VIN number. Commissioner Halkiotis asked about tagging the VIN number. Jo Roberson said that the North Carolina Tax Collector and Assessor Association have been addressing this issue in Raleigh for several years. Commissioner Halkiotis asked about the number of people with delinquent tax payments. Jo Roberson said that the numbers are low in the abstract (500) because you have to have social security numbers to submit these. Also, this late in the year it would be too hard to accomplish getting the letters out and submitting them to the State because there are so many. This is why she has suggested doing a pilot project. Commissioner Carey thanked the staff for bringing this back to our attention. He knows that Orange County is compassionate but he does not want those who have been jumping through loopholes to continue to exploit the system and it is time to do this and to move forward and to support this item. Commissioner Brown wants to see more information and how many motor vehicles are delinquent. Jo Roberson said that from 1993-2001 there were in excess of 25,000-vehicle tax bills that were left unpaid. Commissioner Brown does not understand why she only expects $20,000 to be returned. Jo Roberson said that is because they are only going to do a pilot. This is a transient County and once people are gone from this State, we have no collective power. She does not feel that her office can handle submitting all of this because of the taxation money that comes in December and January. They plan to send out 2,400 letters for the pilot project. John Link said that they are only proposing this for the delinquent taxes for 2001 and this will come back with a report. Commissioner Brown said that this is not what the resolution says. She would support the resolution if they change it to say pilot program and what it would cover. John Link suggested including in "Be it Resolved" that "The Manager is hereby empowered to execute these agreements and carry this out as a pilot project for 2001 back taxes on automobiles." A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve and authorize the Chair to sign the resolution as amended and stated below: A RESOLUTION APPROVING ORANGE COUNTY'S PARTICIPATION IN THE NORTH CAROLINA LOCAL GOVERNMENT DEBT SETOFF PROGRAM WHEREAS, North Carolina General Statutes Chapter 105A, the Setoff Debt Collection Act, authorizes the North Carolina Department of Revenue to cooperate in identifying debtors who owe money to local governments and who qualify for refunds from the Department of Revenue; and WHEREAS, the law authorizes the setting off of certain debts owed to local governments against tax refunds; and WHEREAS, the North Carolina Association of County Commissioners and the North Carolina League of Municipalities have jointly established a clearinghouse to submit debts on behalf of Orange County, as provided by law; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby indicate its intention that Orange County will participate in the debt setoff program and does hereby designate the Orange County Tax Collector as the officer to hold hearings and conduct necessary proceedings as established by law (including being the Orange County "debt setoff coordinator and setoff contact" in the contract between Orange County and the local government net debt setoff collection system CLEARINGHOUSE). BE IT FURTHER RESOLVED THAT the County Manager is hereby empowered to execute these agreements and carry this resolution out as a pilot project for 2001 back taxes on automobiles as Orange County's participation in the debt setoff program. This, the 6`h day of November 2002. VOTE: UNANIMOUS 6. Special Presentations a. North Carolina Arts Council Grassroots Grants The Board presented checks to local artists and arts organizations receiving 2002 North Carolina Arts Council Grants. Martha Shannon, the first full-time Arts Coordinator, presented the checks. Commissioner Halkiotis read the names, which are incorporated in the agenda. Chair Jacobs said that the Board would be having a work session on November 11`h, where they will be discussing the future space needs and building requirements. They have talked about trying to include an arts component in our buildings in the future. 7. Public Hearings - none 8. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Budget Amendment#5 This item was removed and placed at the end of the consent agenda for separate consideration. c. Acceptance of COPS In Schools Grant to Include Authorization of Two Deputy Sheriff(School Resource Officer) Positions for Cedar Ridge High School The Board accepted the three-year grant from the U. S. Department of Justice, Office of Community Oriented Policing Services (COPS), and established two permanent full-time School Resource Officer (SRO) positions, effective September 1, 2002, to be assigned to Cedar Ridge High School. d. Approval of Guidelines for the Operation of the Orange County Long Term Care Facility Roundtable This item was removed and placed at the end of the consent agenda for separate consideration. e. Ashwick Subdivision —Amendment to Resolution This item was removed and placed at the end of the consent agenda for separate consideration. f. Board of Commissioners Meeting Calendar for Year 2003 The Board approved the regular meeting schedule for the Board of County Commissioners for calendar year 2003. g, Property Value Changes The Board approved value changes made in the property values after the 2002 Board of Equalization and Review adjourned, in accordance with the resolution, which is incorporated herein by reference. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: August 20, 2002-BOCC regular meeting; August 26, 2002- BOCC/Planning Board — Joint Public Hearing; August 29, 2002-BOCC work session Commissioner Gordon said that the August 29`h minutes were correct, but she has not had time to read the other minutes. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve August 29`h and to hold the remainder of the minutes. VOTE: UNANIMOUS b. Budget Amendment#5 The Board considered approval of the budget ordinance amendments and capital and grant project ordinances for fiscal year 2002-03. Chair Jacobs pointed out that, in running for office, he, Commissioner Gordon, and Commissioner Halkiotis were invited to a non-partisan event on the campus of UNC. Candidates were invited to set up tables and take questions and meet some of the students. He and Commissioner Halkiotis had the opportunity to talk to a student about what the County Commissioners were doing about things like deconstruction. He pointed out that there are several community centers in Orange County that are recycled buildings from Camp Butner from WWII. A motion was made by Chair Jacobs, seconded by Commissioner Carey to approve the budget ordinance amendments and capital and grant project ordinances for fiscal year 2002-03 for the Department of Social Services, Heritage Hills House Relocations, and Orange Public Transportation. VOTE: UNANIMOUS d. Approval of Guidelines for the Operation of the Orange County Long Term Care Facility Roundtable Commissioner Brown would like to insert mental health into all areas of this roundtable where applicable. She thinks that mental health should be an objective added to one of the goals and objectives. She would like to add at least one mental health professional to the members of the planning task force and probably two. Carla Julian pointed out where a mental health professional was in a steering committee. Commissioner Brown said that the planning task force did not have any mental health representatives. Carla Julian said that the task force is ending and the steering committee is taking over from this point on. Commissioner Brown would like to add a member from the mental health field to the planning task force and bring up the mental health objectives in for the 2002-03 objectives. Chair Jacobs clarified that the task force is ending. It was answered that the last meeting is this Friday. Commissioner Brown did not hear the speaker say this before, so this changes her request. She said that there should be an update on the de- institutionalization of mental health. Chair Jacobs said that we could get a copy of the Master Aging Plan. Commissioner Brown asked that there be a mental health professional on the steering committee outside of OPC, such as a psychiatrist or a psychiatric social worker. Commissioner Brown asked that the County Commissioners be put in the center of the diagram. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the establishment of the roundtable with the inclusion of the mental health goals and the mental health positions on the steering committee. VOTE: UNANIMOUS A motion was made by Chair Jacobs, seconded by Commissioner Brown to reconsider the Ashwick subdivision. Chair Jacobs apologized about not doing this before. VOTE: UNANIMOUS e. Ashwick Subdivision —Amendment to Resolution The Board considered an amendment to the Resolution for Approval for Ashwick Subdivision. Chair Jacobs had two suggestions on the greenway. One of the purposes of suggesting this trail system when the County Commissioners suggested it was so that children would be able to walk to Efland-Cheeks Elementary School if they so chose. One suggestion would be to move the trail out to the southwest corner of the property so that children would not have to walk a long ways on US 70. The other suggestion is that there is one place where the trail goes through a ravine. He suggested doing minimal clear cutting as to not disturb the natural area in putting in the trail and other sections of this trail. A motion was made by Chair Jacobs, seconded by Commissioner Brown to amend the May 15, 2001 Resolution for Approval for Ashwick Subdivision as stated below, with the changes as stated above by Chair Jacobs. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO APPROVE ASHWICK SUBDIVISION PRELIMINARY PLAN Date November 6, 2002 Name of Subdivision Ashwick Owner/Applicant Ashwick Associates, LLC (formerly Perry's Construction Corporation) The Board of County Commissioners hereby approves this amendment to the May 15, 2001 Resolution for Approval for the Preliminary Plan for Ashwick subdivision as shown on the updated sheet of the Preliminary Plan, titled Recreation Area, Open Space, Landscaping & Buffer Plan (dated April 4, 2000 and last revised October 2, 2002) and subject to fulfillment of amended requirements specified herein. Before the Final Plat of Ashwick Subdivision can be recorded: B. Roads and Access 9. The developer shall install and construct a internal walkway system within the NCID lT right of .. of al! interior ads (AsL.wirk Drove, Glenwock Drove, Norwich Court, Farns Wick Place, Chadwick Lane, Benworh Lane, and Straywirk Court) to provide pedestrian access throughout the subdivision. The developer shall install and construct an internal walkway system within the subdivision open space according to the Recreation Area, Open Space, Landscaping & Buffer Plan, showing the pedestrian path in green (dated April 4, 2000 and last revised October 2, 2002). Such walkways shall be graded for an even surface, and covered in a natural material such as woodchips; they shall not be paved. The internal walkway system shall be installed as indicated on the Final Plat and inspected by Planning Department staff prior to Final Plat approval and again prior to the transfer of control of the Homeowners Association from the developer to the home owners as provided by the recorded Declaration of Covenants, Conditions and Restrictions for Ashwick Subdivision. The Declaration of Development Restrictions and Requirements prepared by Planning Department Staff shall include a maintenance agreement for the Homeowners Association to permanently maintain the internal walkway system. NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that this amendment to the Resolution for Approval for the Preliminary Plan for Ashwick subdivision is approved in accordance with the above mentioned conditions and attached preliminary plan with the Pedestrian Path System shown in green (dated April 4, 2000, last updated October 2, 2002). VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda a. Implications of Possible Changes to Water Sewer Service Boundaries and Urban Service Boundaries The Board considered the advisability of possible changes to Water and Sewer Service Boundaries and Urban Service Boundaries. Chair Jacobs said that the Board is committed to working with the Chapel Hill- Carrboro school system on expeditiously siting a third high school. The County Commissioners have no secret agenda to try and force the school system to not site this high school. Planning Director Craig Benedict gave a PowerPoint presentation on this item. The Water and Sewer Management and Planning Boundary Agreement was worked on for seven years. All of the water providers and local jurisdictions put this agreement together. This agreement set forth where water and sewer would be and would not be. He listed the objectives of this plan. This agreement was put together and signed off by all entities. This plan was incorporated in the joint planning area agreement this year. He showed some maps of the joint planning area land use plan. The Urban Service Line reflects a May 2000 comprehensive plan that Chapel Hill adopted. Areas outside of the line were areas where Chapel Hill did not plan to grow in the short term. There are provisions for the locations of uses outside of the established line. Chair Jacobs said that he spoke with the Mayors of both Chapel Hill and Carrboro and they would prefer the County Commissioners to address this issue or to defer comment. Commissioner Carey said that as one that has served on this committee and having sat through many hours of discussion about an essential public facility, he asked about the definition of an essential public facility that would warrant extension beyond the line to serve. Craig Benedict said that the definition was in section three of the agreement. The definition is as follows: A publicly owned facility (example: school, fire station, or solid waste convenience center) that provides a service for the health, safety, and/or general welfare of County residents. The water and sewer lines extended can only serve the intended use. Commissioner Gordon said that she assumed that this agreement would stay the same and as long as we are not planning actively to change the agreement, then the Board does not have to do anything. She does not think that there is a request to change anything. Commissioner Brown asked if this was put on the agenda by a request from Chapel Hill specifically speaking to moving the water and sewer boundary for specific properties. Chair Jacobs said that there was a request to Chapel Hill as to what would be the process. Craig Benedict said that the first part of the process would be for Chapel Hill to change the comprehensive plan. The second part would be to establish this as an essential public facility and see if it works within the guidelines. The third part would be to readdress this in the JPA process, with a public hearing to examine the map that is part of the joint planning area. Commissioner Carey asked if all parties to the agreement would have to sign off on this before anyone could change it. Craig Benedict deferred to County Attorney Geoff Gledhill. Geoff Gledhill said that if a location for a school were outside of the transition area as defined in the joint planning area land use map, then it would require all three governments to agree to a change to expand this boundary. However, if the property is within the transition area but outside of the urban services boundary, then the water and sewer management and planning boundary agreement would permit the extension under the conditions specified in that agreement. It would only be a matter of there being an agreement by the water and sewer provider to provide a system to the location. There would also have to be an agreement by the funding agency to pay for a dedicated public water and sewer line to the facility. There would also have to be an agreement by the local government that does the planning to allow the construction of the facility. Commissioner Brown said that to say something about this would give clarity to the situation because there are three possible school sites for a high school. There is a time frame that the school boards are working under to locate a site for a high school. She said that the school board does not have the background for all of these land use planning and inter-local agreements and it would be wise to point out to the school board why there is a reluctance to break all of these agreements. She explained the public process that took place for this area along Smith Level Road. The specifics go back to 1989 when Chapel Hill started their small area plan. She was a member of this process. There were many public meetings to determine how that southern triangle would be developed. The urban village idea was developed by Mr. Bryant, who developed Southern Village. It was designated that the density of population would be put in the Southern Village and that the surrounding areas would be set aside for protection for natural area, an entranceway corridor for Chapel Hill, and specifically on Smith Level Road, the protection of University Lake Watershed. The small area plan was the basis for a new comprehensive plan for Chapel Hill. She said that it was an amazing democratic process. She is surprised and concerned that the democratic process has been left out with siting this third high school. She hopes the CHCCS board looks for other locations and leaves the locations outside of the water and sewer boundary alone. A motion was made by Commissioner Brown to not support changing the boundary at this time and send this to Chapel Hill and Carrboro. Chair Jacobs pointed out that there were several people who wanted to speak to this, and then a motion will be entertained. Valerie Foushee, Chair of the Chapel Hill-Carrboro City School Board, said that they do respect all of the processes that Commissioner Brown just mentioned. She said that, last week when they reviewed tonight's agenda, they were surprised to see this action item. On October 28`h, the Superintendent sent the Chair and the County Manager a copy of the resolutions passed by the board on October 17`h related to future school facilities. One of the resolutions states, and she quoted, "In the event the board finds that the site along the Smith Level Road is the best site for a third high school, it will request that the appropriate governmental entities move the urban services boundary line. The attached map outlines the very minor change that may be requested." She said that the board deliberately decided not to make a request to change the boundary until it was determined that this was absolutely necessary. She said that it is puzzling to the school board that the County Commissioners would be taking action on a request that was never made. She said that no mention of this action was made at the meeting of the High School Facilities Task Force last week. They would like the courtesy of at least a personal notification of this item having been on the agenda in light of the significant impact on facility planning. She suggested that representatives from the County and the School Board have some dialogue on this item before having it appear on an agenda. She asked, with the backing of the Board of Education, that the County Commissioners table this item until such time that a request for action is transmitted. She emphasized that such a request was never made. She said that they were expecting the adoption of the SAPFO memorandum of understanding. Members of the school board attended last week's meeting of the Assembly of Governments and left with the impression that consideration of the SAPFO would proceed on schedule in light of the support from all of the elected bodies represented at this meeting. She said that it seems odd that an opportunity to begin the process was not provided this evening. The school board is ready for the County Commissioners to take a position on the SAPFO that the County staff has spearheaded. Gloria Faley said that the resolution that was passed was very carefully worded because they are struggling with a very limited amount of sites for a third high school. She said that the board would support a provision that restricts development of these properties for school purpose. The most significant thing is if they find it to be the best site, and this site is the only site to the school board. She said that there have been encouraging conversations in the individual committees with the County Commissioners. It would have been more helpful to have some of the legal, planning, and historical information to come into this committee so that everyone could understand the dilemmas. She encouraged continued communication between the school board and the County Commissioners. Julie Coleman distributed a map. She lives at 809 Smith Level Road. She said that she was here on behalf of her neighbor, Mrs. Eva Snipe, who is 90 years old and has lived on her land for over 60 years. On the other side of her is Mrs. Gene Womble Francis, who lives in Virginia, but is hoping to pass her land on to her children and her brother, as well as herself. She thinks it would be terribly wrong for the school board to take their lands for a school site. She gave some history of this area. For years, the people on Smith Level Road have joined a group called the Smith Level Alliance. The goal has always been to protect the watershed area and to keep it a beautiful rural gateway to both Carrboro and Chapel Hill. They gave written viewpoints about what should happen to this area. From these findings, the Chapel Hill Town Council made a decision to protect this area by not allowing the urban services to be brought through their lands. Under Mayor Rosemary Waldorf, the Council gave them Meadowmont and Southern Village and they put the urban services boundary where it is today. The public was promised that the high density would be Southern Village and the low density would be where she lives. She encouraged the County Commissioners to go out and look at this land. She said that this area is the last for meadows, big trees and for wildlife. Chair Jacobs clarified that the discussion of the SAPFO will be on the November 19`h agenda. This item, 9-a, came on the agenda review subsequent to the last high school planning meeting and this is why it was not brought up. He said that the County Commissioners have been working to communicate as fully as possible. He pointed out that there have been other times when they felt like it was a two way street. He said that we would all try to do better in communicating with each other. Commissioner Brown asked about "looking for the best site" and coming to the Board of County Commissioners to pay for it. She wonders why the school board would want to go through this process of trying to find a school site and knowing what the process would be to undo all of the legislation and probably being turned down. She does not understand why the school board would want to do this. She said that it is a little disingenuous criticizing this Board because she knows Mrs. Snipes, a neighbor in this area, has had phone calls from the school board's representative on two occasions who told her that they were going to condemn her property. This, to her, is a decisive action on the part of the school board. She said that she could not support the purchase of land that has been condemned, especially when people are living on it. She said that she is sure that there are sites out there and that we can work together to find a good site. She asked Julie Coleman to enlighten the Board about this process of gaining access to the properties outside of the water and sewer boundary. Julie Coleman said that Mrs. Womble felt that she was being harassed. Mrs. Snipes said that she had a call about her land being condemned and taken for a school site. She said that, upon hearing this from her neighbor, she immediately called Mr. Steven Scroggs, because this woman has been under a lot of duress from D. R. Bryant because he wanted her land for the Southern Village Extension. This was the final straw. Mr. Scroggs said that he does not know who made this final call, and that he had asked his staff not to make any more calls. She said that she has not received any calls, but both of her neighbors have and they have been very upset. Commissioner Brown said that Mrs. Snipes' land has been coveted by the developer of Southern Village as an access road to be cut through to Smith Level Road, right into the University Lake Watershed. Mrs. Snipes has no intention of selling the property. She thinks that any plan for a high school site that includes a cut-through road from Southern Village to Smith Level Road is out of the question and would be an insult to the democratic process. Chapel Hill-Carrboro City School Superintendent Neil Pedersen responded to Commissioner Brown's questions. He made reference to utility costs and said that they are not even asking that this issue be discussed. The property that is in question has public facilities (sewer and water) that adjoin the Womble property and run up to the boundary of the property. No extensive extension of the line would be required. There is no sewer within a mile of the Old NC 86/Eubanks Road site. He said that he does not know who is calling Mrs. Snipes. He said that perhaps six months to a year ago, as they were discussing sites, her site as well as Mrs. Womble's was identified and they contacted the owners and asked permission to walk on the property to look at it. Commissioner Brown asked if they had surveyed those properties. Superintendent Pedersen said that they have not done surveys, but they have done appraisals. He said that they did have to contact property owners to investigate whether or not the land would be available. Some owners said no and they respected that. He said that the Snipes property would not work for the purpose of the high school at this time because it will be a 1,000-student high school. Commissioner Gordon asked why the Board should do anything now since there is not a request. She is surprised that condemnation came into the conversation. She said that it seems that if the Board does not do anything, then it stands behind the water and sewer agreement. Commissioner Halkiotis asked about the result of the survey for the site on 15- 501 near the new fire station. Chair Jacobs said that the CCHCS board has looked into it and there will be more information tomorrow. Commissioner Brown clarified that the school board sent letters out to Mrs. Womble and Mrs. Snipes telling them that the school system wanted the property and that they could come to one of the school board meetings. Superintendent Pedersen said that they did send them letters to come to a board meeting. Commissioner Brown said that the Board should show its support for the water and sewer boundary and the Chapel Hill Comprehensive Plan. She said that the only reason that this property was never put in a rural buffer is because the Chapel Hill zoning is more protective of this area than our rural buffers. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to affirm the water and sewer boundary agreement and the comprehensive plan that designates this area along Smith Level Road and the properties to be within that and subject to it. Commissioner Carey said that he does not view it as preemptive to have this on the agenda tonight. He thinks that putting this on the agenda tonight is part of the communication process. He is not sure that the Board needs to take any action to reaffirm something that has already been adopted and stood by for many years. Commissioner Gordon said that she agrees that we do not need to take action tonight. Chair Jacobs said that the Board has communicated that it would be time consuming and problematic to propose a site that is outside the water and sewer service area, that would involve a change in the land use plan. He sees this as an opportunity to offer some positive guidance to say that this is not a viable direction to look for a school site. He would support the idea of the motion. Commissioner Halkiotis said that having the Mayor of Chapel Hill present at the last meeting was a good idea and eliminated some down time in communicating back and forth and improved the lines of communication. He thinks the process of choosing a school site is going to change and he thinks that the public wants the process to change. It needs to be a much more public process. Commissioner Brown said that she appreciates what everyone has said that all of this is communication. She changed her motion to say that this is one of the beginning criteria for siting schools and to send it on to the School Standards Committee. The water and sewer boundary agreement and all of the other inter- governmental agreements should be the foundation and the direction for siting schools. Commissioner Halkiotis agreed to the amendment. Chair Jacobs clarified this new motion: The Water and Sewer Boundary Agreement and other applicable land use agreements be one of the beginning criteria for siting schools and that that understanding be forwarded to the Schools Facility Task Force to be incorporated into the siting of schools. VOTE: UNANIMOUS The Board decided to address item 10-a at this time. b. Telecommunications Tower Ordinance Amendments The Board was to consider closing the Public Hearing and making a decision regarding the proposed Telecommunication Tower (Telco) Amendments. POSTPONED c. Legal Advertisement for November 25, 2002 Quarterly Public Hearing The Board considered authorizing the submittal of the Quarterly Public Hearing Legal Advertisement for publication for the November 25, 2002 public hearing. Craig Benedict summarized the information that was in the agenda abstract. There are nine items on the agenda for November 25`h Chair Jacobs asked to include a clarification on A-4 and B-2. He thinks it should say, as the Board discussed, "Creating 20 or more lots or involving a major subdivision involving 20 or more acres." A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the proposed November 25, 2002 Quarterly Public Hearing legal advertisement with the change as stated above by Chair Jacobs. VOTE: UNANIMOUS EL Orange County/Hillsborough Courtesy Review Agreement The Board was to consider a revised courtesy review agreement with the Town of Hillsborough. POSTPONED Appointments —ALL POSTPONED UNTIL WORK SESSION ON 11/11 e. Orange County Board of Adjustment—One Appointment The Board was to consider making an appointment to the Alternate Position on the Orange County Board of Adjustment. f. Economic Development Commission —One Appointment The Board was to consider one appointment to the Economic Development Commission (EDC). _q. Morgan Creek Trail Conceptual Plan Committee —One Appointment The Board was to consider appointing a representative to the Morgan Creek Trail Conceptual Plan Committee. 10. Reports a. Report on Tuscany Ridge Subdivision The Board received a report on the various issues raised at the August 20, 2002 BOCC meeting concerning prior approval of the Tuscany Ridge Preliminary Subdivision. Craig Benedict gave the overview of this item. Based on community input, this subdivision was brought back to the County Commissioners to hear from the general public in August. Based on the comments, there were a variety of things that the staff researched. He referred to page 8 for the issues that were brought forward. Item 1 — someone brought up a concern about the stream located on the eastern boundary of the project, near the stub out. This is in the NE corner of the property. The stream is located on part of a lot that does not have any septic system. It is not where the road extension was planned. It can be protected and a buffer easement would be put around the spring. Item 2 —Arthur Minnis Road paving - The discussion was about when the road was approved to be paved for an 800-foot section and when right-of-way was acquired. There are additional letters from the NCDOT Professional Engineer. The letter basically said that the 800-foot section of road had right-of-way acquired since 1973. Since 1973, on a repeated basis, it has come back up for inclusion in a roadway- paving program. They have been unable to acquire all of the right-of-way. Item 3— drainage and sedimentation control - This was brought up by Commissioner Brown and some other residents. It is on a knoll and there is not a lot of water that passes through this area. A lot of the flow is in a NE direction and there will be appropriate management practices used to dissipate water velocities. Items 4 and 5 —water resources to handle 22 additional wells in this area - There is an attached letter from Environmental Health Director Ron Holdway that discusses the situations that occur in this area and in other areas of the County. He said that if wells cannot be tapped then you couldn't put a lot there. The staff believes that the wells are feasible. Item 6 -Other environmental features. There was a concern about the amount of open space in the rural buffer regulations. There are no houses that will be on the road. The open space is provided with a connection and some trails. Item 7 - Notification process for major subdivisions - On November 25`h, they will be proposing to change the notification process for major subdivisions. They will also be addressing some new regulations for major subdivisions. Item 8— Financial Impact analysis —the staff does use a template and it is not the basis of approval or denial of a development. The fiscal impact analysis is not intended to be a regulatory tool. Item 9— having signs directly on the property—This will be a suggestion with the new ordinance to post the property and let all residents know about what is occurring in the area. The staff believes that this project did go through the proper process and that it was a reasonable recommendation to approve it. Commissioner Gordon said that she wanted to give ample time for the Tuscany Ridge neighbors to comment, but she would like to address other items on the agenda because she will ask for adjournment at 10:30 p.m. Chair Jacobs said that after the five people speak, then the Board could address the legal advertisement for the November 25`h quarterly public hearing. Commissioner Halkiotis asked Chair Jacobs to explain that there was no secret meeting with DOT. Chair Jacobs said that the Chair and the Vice-Chair have been meeting at regular intervals with representatives of the DOT to share information and ask questions. They report back to the Board what they find. At their last meeting, they said that they would go to DOT and ask them what was the genesis of this paving project and then it would be shared with the public. This is exactly what happened and it was not a secret meeting. Public Comment: Rita Ware said that she and her husband bought one acre on 1805 Arthur Minnis Road 23 years ago and a lot of things have changed. She said that the "horse is already out" on Tuscany Ridge and they had no say on the subject. Regarding the paving of Arthur Minnis, they signed in 1981 and DOT started with wanting their property for the right-of-way and then some for straightening out a curve. This would have come within feet of her doorway. This happened in 1981, 1985, 1987, 1990, 1994, 1997, and 1999. Every time, they told DOT no. She said that she even talked with people in Greensboro of the DOT and got a very harsh remark seven years ago saying that she was the reason why a man was killed on Arthur Minnis Road. She said that this supposed dead person was her husband and he is not dead. In 2002, they find out that they did not have any say. She said that the Cate's and the Dodson's signed a right-of- way to pave all of Arthur Minnis Road. She does not understand why it is okay to have a conventional development in the rural buffer. She said that she has read so many things that are not true. She said that she read about how Representative Price's office endorsed this paving of the 800-foot section of the road. She called David Price's office and talked with the former campaign chairman about Representative Price's support of the paving of the road and they did not know anything about it. She feels that she is being run off her property. Bob Johnson gave a PowerPoint presentation on the portion of Arthur Minnis Road that is to be paved. He said that he has reviewed the abstract and the concerns still remain. He pointed out that there has been discussion about drought and water conservation measures for people with wells. He said that in this document the Environmental Health Department says that wells are not impacted by the drought. This is a contradiction. He said that one point to consider is that wells are typically drilled after the house is built. He said that DOT is right to want to pave gravel roads because gravel roads are more dangerous. He said that the DOT ends the pavement at a dangerous point on Arthur Minnis Road. This is a very dark area and a sharp curve and no amount of grading or signage will help. He asked the Board of County Commissioners to ask the DOT to stop and ask them to pave the entire road or none at all. Martha Martin read from her notes. She made reference to the entire length of road that the DOT intends to pave. She said that the low point of the road is in front of her property and when it rains, several acres behind her drains into the low spot. Several years ago there was a ditch dug on her side of the road. Drainage became a major problem and the ditch was filled in. The plans to pave in front of her house would add about a two-foot levy and she said that when it rains, her vegetable garden would be under water and so will her well. She considers this a significant health risk. She did talk with the DOT Engineer about this and they told her that they would build a culvert. There is already a properly sized culvert under the road today, and it is useless. The reason that it is useless is because there is nowhere for the water to go. The proposed grading and paving of Arthur Minnis Road will impact her family's health and safety and put her at odds with her neighbors who refuse to allow a swell to be cut through their property. She asked the County Commissioners to please ask the DOT to stop this immediately. Virginia Godfrey lives further down on Arthur Minnis Road. She bought a 63- acre horse farm on Arthur Minnis Road in 1998. She bought a working farm on a dirt road in a rural buffer because she was told that Orange County's policies would help preserve this type of business with zoning ordinances. Her taxes have tripled because her land is in an area slated for development. She said that paving 800 feet of the road serves no purpose other than as a wedge to pave the entire road to facilitate development. This paving would cause her to lose fences at a cost of$125,000 and would increase her liability insurance. It would also increase her tax assessment. She asked the County Commissioners to ask DOT to leave this road alone and abide by the wishes of the people who live there rather than an absentee developer who is trying to make a buck. John Ingersoll lives one lot away from the proposed project. He said that he read the letter from DOT and he thinks the County Commissioners should look very closely at the examples of Borland Road, Lawrence Road, and Tuscarora Drive. The other issue he has is with the wells. He had problems with his well this year and he does not know why. He said that certainly 22 homes that are uphill from him and are within 1,000 feet of his well causes him great concern. He also lives on the north side on the down side from the knoll and a lot of the water comes his way. He said that he would have no recourse if these wells messed up his well. Someone in the audience asked about the meeting with DOT. Chair Jacobs said that the result of the meeting is the letter that is in the packet from DOT that tries to outline in more detail what the process was that led them to this point. Chair Jacobs suggested that the Board ask for the following information and schedule it for December 2"' in order to make a decision. 1) Legislative delegation position on this project. 2) Ask the Attorney to clarify whether there was a change in the law about the number of people who live along a road in order for it to be paved by DOT. 3) Ask DOT what is the likelihood that they are going to propose paving the entire remaining unpaved section of Arthur Minnis Road, if in fact there has been a change in the law that would allow them to do so. 4) To encourage DOT representatives to set up a meeting with the residents of Arthur Minnis Road to hear some of their concerns about how the road project might impact their property. Commissioner Halkiotis added to ask the Highway Patrol to provide accident reports for the last 10-15 years as far back as they can on all transition areas that go from unpaved roads to paved roads. He said that he spoke at a funeral of a young girl who died in the transition area of High Rock Road about eight years ago. This was a dangerous piece of road for a long time. He is not going to support endorsing DOT's paving of the 800 feet. He does not understand unpaved roads. Commissioner Brown is not going to support DOT paving this road and she thinks that we should go back to this developer and point out to him some of these issues that came up out of the Board's questions. She would like for the developer to work with the Planning Department on coming up with a suitable open space development for the rural buffer. Commissioner Carey said that we need to have as much information as possible. He said that he is not at the point of not supporting this yet because he would like to hear more information before he makes a decision. 11. Appointments - none 12. Closed Session - none 13. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:40 p.m. VOTE UNANIMOUS Barry Jacobs, Chair Donna S. Baker, Clerk to the Board