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HomeMy WebLinkAboutMinutes - 20021210APPROVED 2124/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 10, 2002 5:30 p.m. The Orange County Board of Commissioners met on December 10, 2002 at 5:30 p.m. in the Southern Human Services Center Board Room in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown and Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY ATTORNEY 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. Carry-over Item from Previous Meetings 1. Justice Facilities Expansion and Other County Space Needs The Board continued its discussion on the County's space needs as cited in the Space Needs Task Force report with a primary focus on justice facilities expansion and issues associated with the proposed Government Services Center expansion. Purchasing and Central Services Director Pam Jones made a PowerPoint presentation. This presentation focused on the justice facilities and the Government Services project. The total build out far justice facilities would be 48,000-54,000 square feet. This is phase one and two of justice facilities. One of the assumptions is that the existing Sheriff's office would be left intact. There will be alternatives far the departments that were previously included in the Government Services Center and Annex expansion. These include the Planning Department, Environmental Health, and ERCD. The last assumption is that the farmer's market space would be part of the justice facility planning. The Board approved a planning process for justice facilities in September 2001. However, due to the State budget crisis, the process has been delayed. The planning committees will be appointed in January 2003 and are as follows: architect and engineer selection, working with the outside of the buildings and the historic district, and design of the inside of the buildings. By June of 2003, the hope is that the architect would be selected far a recommendation to the Board before summer break. By fall of 2004, the design should be completed and the regulatory approvals obtained. Construction could begin in the spring of 2005. There are still a number of questions to be answered before moving forward with the justice facilities. The first question is the size of the addition. The plan is now three phases of 27,000 square feet each. Each one of the phases would include 8,000 square feet of underground secured parking. The second question as a result of the changes is, when the staff decided to keep the Sheriff's office intact, it raises the question of what to do with the existing Sheriff's office. The courthouse will probably only handle two phases before the parking runs out, so this raises a question about haw to maximize the space that is to be built as well as the existing space. The Sheriff needs about 10,000 square feet of the new building. One option is to relocate part of the Sheriff's staff to the courthouse (i.e., Domestic Violence and the Civil Process officers). The last question is what should actually be in the phase one addition. The staff would like the Board to look at the preference of the size of the addition (24,000 or 27,000 square feet). The staff would also like to hear the Board's preference an the Sheriff's Department space. Also, they would like to reconvene the court officials for a revisit of the space and how this can best be used. Also, two County Commissioners need to be appointed to sit an this group. Pam Jones opened the floor for any discussion on the justice facilities. Commissioner Carey asked about the 24,000 square feet to 27,000 square feet and if this included the 8,000 square feet underground parking. Pam Jones said that this has always been a part of the project, but the 24,000 or 27,000 square footage is heated, usable space. Commissioner Jacobs made reference to the assumptions and said that parking is a limiting factor. He would like the documents to indicate that traffic is a key component and that we recognize that there is a finite amount of traffic capacity in this area. He thinks this should be part of the assumptions. He asked where the Chapel Hill court facility fits into this planning. Pam Jones said that in Phase I there is no correlation for Chapel Hill. Commissioner Jacobs said that it seems that there is some relation and he would like to know the vision for how these facilities would work together. John Link said that as they have had discussions about the flow of courts in Chapel Hill and Hillsborough, there is still a need for court to occur in Chapel Hill. To this point, as they have had their judicial representatives in the meetings, having the court continue at the old post office is the alternative that has been most discussed. It appears to be more convenient for those involved in Chapel Hill to be downtown. Commissioner Jacobs said that there is a demand in Chapel Hill and he would like to know how it would relate to the expansion in Hillsborough, so that it is a comprehensive look at our court facilities. He also asked about having a discontinuous frontage of buildings along East Margaret Lane. He asked if this should be indicated in the assumptions. Pam Jones said that the Board would have in-depth discussions with the architect about what the buildings should look like. Commissioner Carey asked Pam Jones to describe the 3 different committees, which she did (see above description}. Commissioner Gordon asked how the Sheriff's Department would function, especially bringing in prisoners. Pam Jones said that this is conceptual at this point, but under the secured parking, the prisoners would be brought in underground to the court facilities. Commissioner Gordon asked about the alternatives for the Sheriff's office. Pam Jones said that there are iwo alternatives. One is if the entire Sheriff's Department were in one building, then there would have to be an addition. The other alternative is to relocate part of the divisions that are directly related to the court functions to the courthouse. Commissioner Gordon asked how the Sheriff feels about this. Pam Janes said that the Sheriff said that they could put him anywhere as long as he has space. Commissioner Gordon said that it seems that before the committees start working, the County Commissioners need to work with mare than the assumptions. Before the architect is selected, there are more decisions to be made (for example, where the Sheriff's office will be}. Pam Jones said that this is part of the feedback that the staff needs from the Board. Pam Jones made reference to item number three in the recommendations, which is to reconvene the court officials. This would include the Sheriff. Commissioner Gordon would like to know budget implications. Commissioner Halkiotis asked how the prisoners would be brought from the jail to the courthouse so they will not be visible. He asked if there would be a tunnel. Pam Janes said that a tunnel could be built in phase 2. This is an outstanding issue. Commissioner Halkiotis said that the Sheriff's Department needs a facility where the employees have a place to take a shower and to exercise. The infrastructure is in the new jail addition, and it has been turned into a warehouse. He is tired of seeing this space being wasted as storage. He said that we need to build a warehouse near public works for storage and turn the basement back into a place for the employees. Also, upstairs in the Sheriff's Department, there is not enough roam. He does not think that 10,000 square feet will be quite enough. He does not understand why the Sheriff is being eliminated out of this first phase. He wants to do this right the first time and not have to revisit it in a couple of years. Pam Jones said that under no circumstances did she intend to indicate that we would look at allocating the space in the new building or continuing to use the existing Sheriff's Office without the Sheriff being at the table. He has always been part of it, and he would be part of it now. Regarding eliminating the Sheriff from phase one, she said that if we opted not to put the Sheriff in any form in the courthouse, it would require that we expand his existing building. Commissioner Carey said that he assumed that the Sheriff would be involved. He asked how much time would elapse between phase 1 and phase 2. This would help him determine whether 24,000 or 27,000 square feet is needed. He asked if the existing Sheriff's office had any historical significance. Pam Jones said that there is no historical significance to this building. Regarding the phases, she said that there is na timetable for when to begin phase 2. It depends on how we can maximize phase 1. It will be needs driven and not time driven. Commissioner Carey said that he agreed with Commissioner Halkiotis about the basement not being used as storage. He asked if this was addressed in the CIP. She said that warehouse space is not included in the CIP. Commissioner Gordon said that she would assume that you would not expand the Government Services Center and annex unless you address parking. She said that just because the Sheriff's building is not demolished does not necessarily mean that the Sheriff would stay there. She said that the Sheriff's office could be used far something else if the Sheriff moved. She also wondered where the other functions proposed for an expansion would be housed if we do not expand the Government Services Center and annex. Pam Jones said that the last phase that Freeman White did include an in depth study of traffic analysis and parking. Chair Brown said that the existing space at the courthouse will have to be reconfigured and she asked if this would be a part of the discussion. Pam Jones said that reallocation of space is a possibility and they will talk with the architect. The original plan is to build a connector so there will be some space between the buildings. Pam Jones answered several clarifying questions of the Board. Chair Brown asked if the Board of County Commissioners would continue having meetings at the courthouse, or if some space should be designed to have meetings and build in a televised component. Commissioner Halkiotis said that he is happy in the courtroom. He does not mind looking at the option. Commissioner Jacobs is open to ideas. Commissioner Carey said that he would like to look at the options. Commissioner Carey said that it looks like we are assuming that we need 27,000 square feet, unless it can be pared down somehow. Commissioner Gordon asked about the budget and Pam Jones said that it would probably be about $100 per square foot. Chair Brown asked to include that there be some representation or consideration to have space for Mental Health. Judge Wade Barber said that he appreciated the consideration of this expansion. He is glad someone raised the issue of the utilization of space in the existing courthouse. He said that there is a big lack of public space outside the courtrooms in the existing courthouse. He said that there will be a lot of questions until we take the steps to move along and select the architect. Judge Joe Buckner said that he agreed with Judge Barber and reminded the Board that this will stay in a fluid state. He said that the elected officials have and will continue to work together to use the facilities. He said that this is an issue of what they see and believe is the lack of services that we are providing to people who use the courts. He said that we need to move forward and the County needs to meet the needs of the courts. The County has employees in the courts and they have no control aver the business that is brought to them. He said that this is not about Judges' offices. Commissioner Gordon asked about the functions that have been planned for this facility and if they are adequate. Judge Buckner said that it is the responsibility of the County to provide court facilities, but it is also the County's privilege to decide how the building is going to look. He said that the courthouse is completely inadequate for victims of crime and for people who are under high-stress cases. He thinks that it can be fixed. He is aware of counties that have worked together to provide long term solutions that served the counties well. Clerk of Court Jamie Stanford added that from his perspective it is imperative that he gets his staff back under one roof. He urged the County Commissioners to move forward quickly. Pam Jones said that the judicial group could get information together by the end of January and the Board would appoint committees in January. The selection could be made by the end of June. The funding becomes available July 1St Commissioners Halkiotis, Jacobs and Gordon volunteered to be an this committee. Upon further discussion, Commissioner Gordon said that she would defer to the other two commissioners, so they will be serving on the committee. Commissioner Carey asked if the same two Commissioners would serve on each of the committees and Chair Brawn said no, that it could be spread out. Chair Brown said that she would like to discuss the storage issue after the first of the year. John Link said that the staff could incorporate this and perhaps put money in the CIP to pursue it in a short- term aggressive way. Commissioner Gordon would like to reactivate the Space Needs Task Force. Commissioner Barry Jacobs said that on page five of the abstract there were other space issues that needed to be addressed and that some of those things can be discussed at a work session. Chair Brown said that she would like to have updates on all of the issues listed an page four including updates, financing, and timetables. At this time, the Board proceeded with the regular agenda. 1. ADDITIONS OR CHANGES TO THE AGENDA None PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Janet Monsley said that she and her husband purchased their home at 1922 Clearwater Lake Road in Chapel Hill in 1992. At that time, the house was in Orange County, and they paid a price that reflected the fact that it was in the Chapel Hill-Carrboro School district. One year later, they received a copy of an Orange-Chatham County joint resolution regarding the property taxes and governmental services adjacent to the Chatham and Orange County boundary. A year later, the County line was redrawn so that their entire property was now in Chatham Caunty. Their attorney said that they should record the joint resolution in Orange and Chatham Counties and the status quo would be maintained. They recorded the resolution in June 1993. In August 2001, they received a tax bill from Chatham County. They immediately wrote to the Orange and Chatham County Board of Commissioners expressing their desire to remain in Orange County for ad valorum property taxes and governmental services, per the joint resolution. The Chatham County Commissioners responded that they were a new board and not bound by the resolution dated June 1989. After 16 months of letter writing and board presentations, they received a letter from the Chatham County Manager, affirming the intent to tax their property. She said that they could not lawfully tax the property until the new boundary is officially recorded. They have been in contact with Orange County Assistant Manager Rod Visser, who has copies of all of the correspondence. The reason they are fighting this is because their property is more valuable and saleable in the Chapel Hill-Carrboro School District. The disparity in the tax valuation is $72,000. They believe the market value would decrease $20-25,000 if their property was considered to be in Chatham County. They responded to the letter from the Chatham County Manager by asking the Chatham County tax office to provide them with a tax bill for 2002 and a "discovered tax bill for 2001." They are asking the Orange County Commissioners to write a letter to the Chatham Caunty Commissioners, affirming the original intent of the joint resolutions to protect property owners and ask that they also abide by it. They would like to resolve this issue as soon as possible. If Chatham County refuses the request, they will pay Chatham County taxes under protest. John Link said that the staff could write a letter to the Chatham County Commissioners reminding them that 13 years ago they agreed on the markers by which the boundaries would be established. Chatham County has determined that they will go strictly by what the boundary is between the two counties. Rod Visser said that Chatham County has a legal right to tax these people, but 13 years ago the two counties agreed an this resolution to protect specifically property owners who are in this situation. He does not understand why Chatham County has decided to go against this. He thinks it is a question of what is fair. Commissioner Halkiotis said that he is disappointed in Chatham County. He thinks we need to write a letter and appeal as one elected official to another who acted in good faith in 1989. He thinks elected officials have a responsibility to look at the historical record. He does not remember a letter from Chatham County responding that they were a new board and not bound by the resolution. He said that he, Commissioner Jacobs, and the Manager have met with Chatham County and there is a good relationship now. He thinks the letter should be signed by all members of this Board. Commissioner Carey agreed and said that he was on the Board when they did this agreement. He thinks this has serious implications for future joint efforts between the counties if we cannot count on other elected bodies to abide by their predecessor's commitments. He said that perhaps there should be a conversation between the new Chair and Vice-Chair of the Chatham County Board of Commissioners. The Board agreed by consensus to write this letter to Chatham County. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis wants the public to hear from Duke Power and Piedmont Electric and he would like to invite them to the Board's next meeting to explain their response to the ice storm. He has received many calls from people who are very upset. He said that Piedmont Electric did a heroic job in getting power back an. He said that this was worse than Hurricane Fran as far as downed trees. Commissioner Halkiotis wants to applaud the staff and the Board in allowing the rewiring of Stanford Middle School a year and a half ago. He was at the opening of the shelter and if there was not a shelter he does not know what senior citizens with health problems would have done. He is going to bring forth a letter because one of the staff members of Orange County Schools drove the diesel fuel truck from the school bus garage to fill the generator at the shelter four times. The Red Cross also stepped in. He thinks it is a classic example of one government agency helping another government agency to help people. He said that the next step is to have two sites at both ends of the County and make sure there is a generator for both schools that would house a shelter. He is concerned about what we would do if there were a true national emergency. Commissioner Halkiotis would like to send a letter to the Hillsborough Police Department and the Orange County Sheriff's Department and ask the County Manager to hook up with the Hillsborough Town Manager. He was upset to hear about the vandalism that took place at the Occoneechee Indian Village. He would like to set up a community watch program on this property. Commissioner Halkiotis distributed his holiday cards, which have been recycled for 17 years. Commissioner Jacobs shared a letter with the Board that invited him to serve on an External Relations Working Group with the University. He is willing to serve, but he has not responded yet. He asked for feedback. Commissioner Jacobs said that he gat a call from the General Manager of The People's Channel in response to the Board's letter regarding the meeting where there was no audio. The People's Channel is willing to meet with the Board and will reimburse for the meeting that was not able to be shown. Commissioner Jacobs made reference to some Homestead exemptions that were allowed at the last meeting and he asked the Manager to tell the Board how we publicize the Homestead exemptions so that people know who is eligible. He would like to make it more noticeable for people. Commissioner Jacobs said that some counties have already adopted early action compacts regarding the Clean Air Act. There is a push to try and have as many Boards of Commissioners and City Councils adapt this by the end of the year as is possible. There is a meeting on December 13th at RDU. There will be a briefing about what this is all about. He said that he tried to explain to people who were trying to get Orange County to take action that we are not the kind of Board that would take an action without asking some questions and having them answered. He invited the County Commissioners to attend this meeting. Commissioner Jacobs expressed his condolences to the family in Carrboro whose son died in a house fire. Commissioner Jacobs apologized for not being able to return same phone calls because he has had problems with his telephone. He also read his Top Ten Things I Enjoyed About Going Without Power for 103 Hours. Commissioner Carey said that he still does not have power and he agrees with having Duke Power and other utility providers attend a Board of County Commissioners' meeting. Commissioner Gordon also extended her condolences to the family who last their son in Carrboro to a house fire. Commissioner Gordon announced that the Schools and Land Use Council meeting would be cancelled. Commissioner Gordan made reference to the early action compact and said that the Triangle J Council of Governments discussed this and she asked John Link to check in on it. She said that it would be very difficult to get it done by December 31 ~ because there is not much cooperation in extending the deadline. Chair Brown suggested getting all of this information together and then taking action in January. Chair Brown asked John Link to go over the efforts of the County during the ice storm. She offered her condolences to all who have suffered through this natural disaster. She would like to have Duke Power and Piedmont Electric to come and speak to the Board of County Commissioners. There is a resolution from Durham County asking the North Carolina Public Utilities Commission to make an inquiry about Duke Power's response to this emergency. She ran into one of the Durham County Commissioners, and he suggested that Orange County might want to join with them and perhaps Chapel Hill and Carrboro in asking the Public Utilities Commission to contact Duke Power. She asked John Link to write a letter to Duke Power and Piedmont Electric, inviting them to come to the meeting in January. Chair Brown asked about Smith Middle School and said that she thought it was to be designated as a shelter as part of the school budget. John Link will look into this. Chair Brown said that she also received a letter from UNC. She thinks that this is the committee that she and Commissioner Gordon volunteered for. It is fine with her if Commissioner Jacobs wants to serve on this committee. Commissioner Jacobs said that John Jeffries is now the official statewide representative for the Occaneechees. Commissioner Halkiotis suggested that Commissioner Jacobs and Chair Brown volunteer on this UNC committee. There are some important initiatives that are going to be discussed and there needs to be a County Commissioner presence. Chair Brawn will notify UNC that she and Commissioner Jacobs will be the representatives. Chair Brown said that she also wanted to know about the Homestead Exemption and how many people are using it. 4. COUNTY MANAGER'S REPORT Update an Ice Storm Recovery- John Link said that we could all empathize with the 14,000 citizens who are still without paver who are served by Duke Power and the 300 citizens who are served by Piedmont Electric. He said that there was a great community spirit in Orange County during this. He shared some of his experiences with the staff who responded so well since last Wednesday. EMS Director Nick Waters established the Emergency Operation Center at 3:00 p.m. last Wednesday. He thanked the Red Cross for staffing the two shelters. The County received notice on Friday that the Governor had released the National Guard, and 20 National Guardsmen from Reidsville came on Saturday and Sunday and worked with the Orange Public Transportation System. They made 250 visits in homes of the frail, elderly, and disabled. The teams provided water, blankets, and food to these individuals and families. The staff and volunteers also contacted another 300 people who may have been receiving Meals an Wheels or who were an the Telephone Reassurance Program. The Department of Social Services has provided emergency assistance and has been working with the Orange Congregations in Mission to provide emergency food and water. He thanked Health Director Rosemary Summers and her nurses who helped to provide nursing around the clock to both shelters. He thanked OCIM again because they opened far extended hours on Saturday and Sunday so that we could use their facility and staff to help in staging the assistance provided through the National Guard and OPT. This is where the water, food, and blankets were located and where they were dispersed. EI Centro Latina provided assistance in translating an outreach flyer about using warming devices. Jahn Link expressed appreciation of the staff that worked in the recovery. The staff is now creating documentation to send to FEMA to declare Orange County a disaster area. This will help to recover some of the expenses incurred by the County and the Towns. This may also apply to Piedmont Electric and Orange Public Transportation. The cost estimate so far for the County is $350,000. This does not include the anticipated cast of debris being brought to the landfill by citizens. The County is not charging any citizen for bringing debris to the landfill. The County has already purchased a chipper. DOT is responsible for the collection and disposal of the wood debris along the right-af-ways of all State maintained roads, including secondary roads. The entire recovery will take several months. Commissioner Carey asked about the estimate of revenue generated over the next months from the public using the chipped wood. John Link will respond to this later, because it is too early to tell. Commissioner Carey said that he would like to encourage the Chair to write a letter to the radio station, WCHL, welcoming them and encouraging them to include someone who speaks Spanish when these kinds of emergencies exist so that the Latina community can be fully informed. Commissioner Halkiotis said that this has been a period of the worst cell phone service since Hurricane Fran. He said that this recent event has highlighted that we need to look at improved cell phone service in Orange County. Commissioner Jacobs made reference to the press release from the Governor's office and the reference to food stamps. He thought he heard that until the President declares that this is a disaster area, that people were not eligible for the second set of food stamps. He asked for clarification on this. Assistant County Manager Gwen Harvey said that disaster food stamps would potentially be made available to people of a higher income bracket than what is normally served. This permission has not been granted from the Governor yet. There is a category that allows for an allocation confirmed to make up for any loss that would have been received by those normally receiving food stamps during a period such as this. This is under discussion. There is a question that is still pending as to what percentage of the monthly allotment could be allowed. Jahn Link said that as soon as there is clarity, they will let the County Commissioners know. Chair Brown asked John Link to put all of this information in a press release form and send it to the media. H2Orange Report -John Link said that they have a goad proposal an how to help low income homeowners in the future who may need help with re-drilling a well. This is through a home repair loan program with USDA. They will pursue this with the Board's approval. Terry Whiffed, the Community Development Specialist with USDA, is going to help lead this effort. They also researched rain barrels and same rain barrels can be acquired from Wake County ar another source. The cost is about $65 per unit. They are still trying to look at benefits to the citizens if the County purchased them versus the citizens purchasing them. The staff will come back with a more specific recommendation. Commissioner Carey would like to know more about the rain barrels and the effect it would have on the local economy. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution of Appreciation for W. Jake Wicker The Board considered approving a resolution of appreciation for Jake Wicker for his work with the Institute of Government and designating Friday December 13, 2002 as Jake Wicker Day in Orange County. Commissioner Carey read the resolution to Mr. Wicker's son, Thomas Wicker. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION OF APPRECIATION FOR W. JAKE WICKER WHEREAS, for 47 years, W. Jake Wicker has served the people of North Carolina as a faculty member and administrator at UNC-Chapel Hill's Institute of Government; and WHEREAS, Mr. Wicker has given of his time and energy as a dedicated public servant, gifted mediator and invaluable resource, sharing with local government officials his vast expertise in the areas of municipal and county administration, city-county consolidation, public purchasing, water and sewer services, and solid waste administration; and WHEREAS, Mr. Wicker is Gladys Hall Coates Professor Emeritus of Public Law and Government and Assistant Director Emeritus of the Institute of Government; and WHEREAS, Mr. Wicker is the author of over 300 articles, bulletins, monographs and special studies, and he co-edited the publications Municipal Government in North Carolina, 2nd Edition and County Government in (North Carolina, 4th Edition; and WHEREAS, over the years, Mr. Wicker taught countless county and city managers, department directors, police chiefs, planners, fire marshals, city council members, county commissioners, and other officials about how local government works as director of the Institute of Government's Municipal and County Administration program; and WHEREAS, in October of this year, the Institute of Government officially named its new $300,000, 162- person, 3,000-square-foot auditorium classroom in honor of Jake Wicker; and WHEREAS, at the naming ceremony, Mr. Wicker also was presented the Order of the Long Leaf Pine, North Carolina's highest honor for service to an organization; and WHEREAS, through his selfless devotion to the Institute of Government and thousands of local government administrators and staff members, W. Jake Wicker has distinguished himself as a true public steward and an example to all the citizens of Orange County and North Carolina. NOW THEREFORE, WE, the members of the Orange County Board of Commissioners do hereby designate Friday, December 13, 2002, as Jake Wicker Day in Orange County to express our appreciation to W. Jake Wicker for his dedication to the citizens he has graced with his patience, humility and professionalism, and congratulate him for nearly ahalf-century of devotion to the understanding of local government in North Carolina. This the tenth day of December, 2002 VOTE: UNANIMOUS Thomas Wicker spoke on behalf of his father. He thanked the County Commissioners far this wonderful award. His father's health is preventing him to attend the meeting. He said that he knows what his father has done for the County and the State. In his family they would always discuss politics and what we should do as a government and as a people. The discussion was always focused on what was the right thing for someone or organization to do. He said that one of the things that his father liked to tell people was that we are all in this together. He said that this honor means a great deal to his father and to his family. At this time, the Board took a five minute break. b. Approval of OPC Area Program Local Business Plan The Board considered approving the final version of the OPC Area Program local business plan to address statewide mental health reform issues, which is due to the state January 1, 2003. Gwen Harvey said that this resolution represents a revision of only chapter one from the major notebook. This resolution would authorize approval of the local business plan involving Person and Chatham Counties and input from various stakeholders. Commissioner Barry Jacobs asked about page six and the underlined paragraph. He read the statement, "The success of the LME system hinges completely upon adequate funding." He asked if the intent was to say "adequate State funding." Chair Brown said that it just did not get added. Commissioner Jacobs suggested adding "adequate State funding". Also, on page five where it says, "Our mission is to work in partnership with consumers and their families so they can lead satisfying lives and become integral, valued, and contributing members of the community." He suggested replacing the word "become" with "remain." Commissioner Gordan suggested adding "adequate State funding" throughout the document, where applicable. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the OPC Area Program Local Business Plan (with amendments) and adopt and authorize the Chair to sign the resolution authorizing its transmittal to the State by January 1, 2003 as stated below: RESOLUTION OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA WHEREAS, N.C.G.S. ~122C-115{a) requires each county in North Carolina to provide mental health, developmental disability and substance abuse services either through an area authority or a county program established pursuant to N.C.G.S. §122C-115.1; and WHEREAS, the Boards of Commissioners of Orange County, Person County, and Chatham County intend to form a three county public entity to serve as the local management entity (LME} for Orange, Person, and Chatham Counties; and WHEREAS, under the guidance and direction of a steering committee, comprised of commission, management, and consumerlfamily representatives, alocal business plan has been developed and commended to the three counties which builds in as much flexibility as possible, allowing the elected leadership the maximum lead time on issues related to the best interests of the consumer and overall financial feasibility, NOW, THEREFORE, the Boards of Commissioners of Orange County, by adopting this resolution, approve and authorize transmittal by the OPC Area Program to the North Carolina Department of Health and Human Services, a local business plan created as a joint effort for the provision of mental health, developmental disability, and substance abuse services in Orange, Person, and Chatham Counties. This the 10t" day of December 2002 VOTE: UNANIMOUS c. Resolution Regarding DCHC 2025 Long-range Transportation Plan The Board considered a resolution providing comments to the Durham-Chapel Hill-Carrbora (DCHC) Transportation Advisory Committee regarding its draft 2025 long-range transportation plan. Planner Karen Lincoln said that this item is a resolution to provide comments to the Durham- Chapel Hill-Carrboro Transportation Advisory Committee regarding the draft recommended financially constrained 2025 Long Range Transportation Plan with the region. The Board reviewed the comments on December 2"d and the language was included regarding the Elizabeth Brady Road project. In the agenda packet, there is also the resolution that the Town of Hillsborough adopted about the Elizabeth Brady Road Extension. They have not heard from all of the TAC members from all of the jurisdictions within Orange County as far as agreeing on language for the Revised Northern Durham Parkway. The public hearing for the 2025 LRTP has been rescheduled for tomorrow night. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign a Resolution Providing Comments to the DCHC TAC Regarding the Draft 2025 Long Range Transportation Plan as stated below: A RESOLUTION TO PROVIDE THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH COMMENTS REGARDING THE DRAFT RECOMMENDED FINANCIALLY CONSTRAINED 2025 LONG-RANGE TRANSPORTATION PLAN (LRTP) FOR THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION WHEREAS, Orange County has participated in regional transportation planning as a member of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization; and WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is preparing a Lang-Range Transportation Plan, and has released the Draft Recommended Financially Constrained 2025 Long-Range Transportation Plan, dated November 6, 2002, for public comment; and WHEREAS, Orange County is committed to a transportation plan that protects the natural environment and cultural sites, and provides alternatives to highways and to reliance on single occupancy vehicles; and WHEREAS, Orange County seeks ample opportunities to review and comment on regional transportation plans and policies, and may offer additional comments on this plan at a later date; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board of Commissioners make the following recommendations and comments to the Transportation Advisory Committee concerning the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (MPO} 2025 Long-Range Transportation Plan. Revised Northern Durham Parkway {Initially referred to as "Option 7" by the DCHC Technical Coordinating Committee at the October 23 and November 6, 2002, meetings of the TAC and referenced by that name in Orange County's October 30, 2002, Resolutions A and B) The Orange County Board of Commissioners recommends that the alignment of the Revised Northern Durham Parkway terminate at Roxboro Road, and that the Durham City Council and Durham County Board of Commissioners ensure by resolution that there will be na westward extension of the corridor. Elizabeth Brady Road Extension The Orange County Board of Commissioners is pleased that bicycle and pedestrian facilities have been included in the Elizabeth Brady Road Extension project connecting U5 70 Business and US 70 Bypass. The Board requests that the 2025 Long-Range Transportation Plan reflect the following alignment and cross section for the project. An alignment that has the least impact on the Eno River, the natural environment and cultural sites. An alignment that does not cross the Eno River, but is aligned along the ridge south of the river (if that alignment has the least impact on the natural environment and cultural sites}. This recommendation is in accordance with the Orange CountylHillsborough Economic Development District Transportation Work Group priority order by preference of options to be studied for environmental analysis. A road configuration of two lanes with right-of-way reserved for four lanes (four lanes if necessary}. Other Highway Projects in Orange County The Orange County Board of Commissioners is pleased that the plan includes improvements to US 70 Bypass in Orange County, from NC 86-North to I-$5 exit 170 and improvements to NC 86 North from US 70 Bypass to NC 57. Alternative Modes of Transportation Including Transit The Orange County Board of Commissioners is pleased that the plan includes alternative transportation modes including intensive transit improvements to provide an integrated transit system throughout the urban area. V. Non Traditional Revenue Sources Although highway projects have, historically, been given higher funding priority than transit projects, the Orange County Board of Commissioners believes that should not be the case in the future. The Baard therefore recommends that the sentence in the first paragraph of Section 1.3 - Non Traditional Revenue Sources, indicating that the plan's funding shortfall occurs in the bus transit and fixed guideway projects, be deleted. Although the Board acknowledges the need for additional revenue sources. the Board recommends that the recommended non traditional revenue sources be further analyzed and discussed by local governments before they are adopted. VOTE: UNANIMOUS d. Resolution Submitting Comments to NCDOT and DCHC TAC Regarding the Draft 2004- 2010State Transportation Improvement Program (STIP) The Board considered resolutions providing comments on the draft 2004-2010 state transportation improvement program (STIP) to NCDOT and to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee. Planner Karen Lincoln said that there are two resolutions concerning the draft Transportation Improvement Program. The first is to send comments to NCDOT for all of the projects within the draft 2004-2010 TIP for projects within Orange County. The second resolution is to the Durham-Chapel Hill- Carrboro Transportation Advisory Committee with comments regarding projects within the Metropolitan Planning Boundary. The Board referred this item last week to the Transportation Task Force to review the comments. The language has been incorporated. Commissioner Gordon pointed out some typographical errors, which were noted by Karen Lincoln. A motion was made by Commissioner Halkiatis, seconded by Commissioner Gordan to approve and authorize the Chair to sign resolutions to submit comments to the North Carolina Department of Transportation (for Orange County projects}, and to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee (for projects within the DCHC Metropolitan Planning Area}. VOTE: UNANIMOUS Commissioner Jacobs made reference to page 10 and the NC 86 bicycle lanes. He said that the Orange Grove Road Transportation Work Group was looking at the bicycle plan and they discussed revisiting it. It is built on the premise that this is a commuting plan. The observation of the work group, the staff, and Hillsborough elected officials is that we have more recreational bicycling than we do commuting bicycling. There has been some interest in reconstituting this group to look at the bicycle plan. Commissioner Jacobs made reference to the Hillsborough Western Bypass. He said that this is encouraging a new road through a protected watershed. This is item `e' on page 11. He would like to discuss this issue at some time. Also, on page 13, item b-2, "Landscaping of Interchanges," there is a statement that, "Orange County requests that NCDOT landscape all reconstructed interchanges in an aesthetic manner." He has read that the plantings that NCDOT intend to use attract birds and butterflies, right into the path of traffic. It is more damaging to wildlife to plant these things than it is to have other kinds of plantings. He would like to refer this to the Commission for the Environment or some other appropriate group for some research. Commissioner Gordon suggested deleting the part about the Hillsborough Western Bypass. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to reconsider the motion as made above. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign resolutions to submit comments to the North Carolina Department of Transportation (for Orange County projects}, and to the Durham-Chapel Hill-Carrbaro Transportation Advisory Committee (for projects within the DCHC Metropolitan Planning Area) as stated below, with the deletion of the Hillsborough Western Bypass: A RESOLUTION PROVIDING COMMENTS TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING THE DRAFT 2004-2010 TRANSPORTATION IMPROVEMENT PROGRAM DIVISION 7 PROJECTS IN ORANGE COUNTY WHEREAS, Orange County gives priority to identified safety needs on existing roads and bridges, to other transportation projects that encourage alternatives to automobile travel, to projects that minimize adverse impacts on the natural environment and cultural sites, and to those projects that foster economic development in the designated Economic Development Districts; and WHEREAS, Orange County has submitted a Priority List of Transportation Projects for inclusion in the 2004-2010 Transportation Improvement Program (TIP); and WHEREAS, North Carolina Department of Transportation has considered the Priority Lists submitted by local jurisdictions in the development of the 2004-2010 State Transportation Improvement Program, and has released the Draft 2004-2010 Transportation Improvement Program for public comment; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board submit the attached comments to the North Carolina Department of Transportation far consideration by the North Carolina Board of Transportation when adopting the 2004-2010 Transportation Improvement Program. A RESOLUTION PROVIDING COMMENTS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE REGARDING THE DRAFT 2004-2010 TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, Orange County has participated in the development of the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Priority List for the 2004-2010 Transportation Improvement Program (TIP) as a member of the DCHC Metropolitan Planning Organization; and WHEREAS, North Carolina Department of Transportation has considered the DCHC Priority List for the 2004-2010 TIP and has released the Draft 2004-2010 TIP for comment; and WHEREAS, the DCHC Transportation Advisory Committee is charged with the development of the Metropolitan Transportation Improvement Program which is consistent with the State Transportation Improvement Program; and WHEREAS, Orange County may offer additional comments on this draft TIP at a later date; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board submit the attached comments to the DCHC Transportation Advisory Committee to be considered in the development of the final 2004-2010 DCHC Metropolitan Transportation Improvement Program. VOTE: UNANIMOUS e. Arthur Minnis Road Update The Board received information on issues raised at its Nov. 6, 2002 meeting concerning the Tuscany Ridge subdivision. Planning Director Craig Benedict pointed out the Arthur Minnis Road update an buff colored paper. This is an informational item. This subdivision was approved on June 27, 2002. There have been questions about the part of Arthur Minnis Road that would be paved. There has been a lot of research since the December 2"d meeting. The County Attorney, County Manager, and County Planning Director were authorized to have a discussion with NCDOT on the potential alternatives to withhold the paving of the 800 foot section of road such as holding this section in abeyance to get the entire roadway paved. Last Wednesday, they spoke with a representative from NCDOT in Greensboro to discuss these options. Some of the options included putting the money by the developer far paving the road in escrow until the entire section of Arthur Minnis Road could be paved. NCDOT has reviewed plans from the developer to ensure that the design plans for the section of road were in compliance with NCDOT standards. On December 3~d, the staff discovered that an encroachment agreement had been issued by NCDOT because the rights-of-way had been given by previous property owners in the area. NCDOT then removed the section of Arthur Minnis Road from their secondary road improvement program. So NCDOT monies will not be used to pave this section of roadway. The product of the discussions is included in the agenda. There are letters from NCDOT that state that the section of road would meet safety standards if paved. If Arthur Minnis Raad is brought back into the secondary road improvement program, there is recent legislation that allows NCDOT to move forward to pave unpaved roads if a small minority of property owners object to it. The next step is to meet with NCDOT and discuss this new legislation. The recommendation from Administration is to continue the dialogue with NCDOT in the short term. The developer has a contract to construct this 800-900 foot section of road and work has started. The Board is being asked to authorize the Administration to talk with NCDOT first and then see what options there are to pave the entire road. Commissioner Halkiotis asked if the proposal asks the developer to stop paving efforts at this time. Craig Benedict said that they asked the developer to wait until they spoke with NCDOT, which they did the next day. He said that he could not authorize the developer to stop doing something that is part of the resolution of approval. Commissioner Halkiatis said that he thought we had a very clear understanding with NCDOT that everything was on hold. Citizens started calling him telling him that roadwork had begun. He said that any credibility that the Board of County Commissioners had developed with these citizens disappeared. He was angry about this. Commissioner Jacobs said that since there was no representative of NCDOT at our last meeting, he was a little concerned about what would happen. Apparently, NCDOT had a different understanding than the County Commissioners did. He asked if it was passible that the $50,000 of State monies that would have been used to pave this section of road would remain encumbered by NCDOT to pave it in the future. Craig Benedict said that to put this road back in the secondary road improvement program would require a public hearing process. The money that would be used to pave the rest of the road can be put back into the secondary road improvement program when we go through the public hearing process in May. He said that NCDOT could not use monies at this time to pave around the corner because they do not have the right-of-way at this time. The traffic studies show that this is an appropriate place to stop the pavement. Geoff Gledhill said that the fact that there is a contract for construction of the segment of Arthur Minnis Raad that is already being implemented right now, does not preclude the continued discussions to try and resolve this issue. He said that when the Board met an December 2"d, the staff did not know where this was in the process and that is why people are feeling blindsided. He would like to continue discussions with the developer and talk to NCDOT about the long-term solution of getting the entirety of Arthur Minnis Road paved, which can be done with the new legislation. He thinks everything is fluid right now. John Link said that there were two actions by which you pave a secondary road. The first is with the secondary road improvement program. However, when the Board of County Commissioners, in approving Tuscany Road subdivision said that this road needs to be paved as a condition and the developer agreed to pay for it, then NCDOT is bound by its awn laws to approve it. We did not know last week that NCDOT had already submitted the encroachment agreement. He said that the 800-feet is going to be paved. The staff is recommending that they need to work with the developer and NCDOT and try to identify the money to pave the rest of the road because of the safety issues. Commissioner Carey said that he understands this and he encouraged the staff to work with NCDOT to pave the rest of the road. He asked how we would get this back into the 2003 secondary road paving plan and if it would require NCDOT's new law that allows it to condemn property to get the right-of-way. He asked if this would require a certain amount of property owners along the road to agree to pay for the condemnation. Geoff Gledhill said that NCDOT will have to either condemn the right-of-way that it does not have, or acquire it voluntarily or otherwise. The Administration needs to talk with NCDOT and figure out haw the money issue works. Commissioner Halkiotis said that it is unbelievable that a DOT official was at the meeting on December 2"d and heard all of the concerns and did not do anything about it. Public Comment Bob Johnson made reference to the yellow document and said that it is really not surprising that companies and individuals that make a lot of money out of paving projects would be in favor of a paving project. He said that any lay person that would drive down the road and see where they are proposing the end of the pavement to be would see that it is a dangerous situation. He urged the Board of County Commissioners to drive down this road and see how dangerous it is. He said that the current end of pavement is far safer than what is being proposed. He said that the morning after the Board of County Commissioners' meeting on December 2"d, they woke up and found Arthur Minnis Road being graded for paving. He said that the Tuscany Ridge developer, Bill Byrd, had hired the contractor to do the grading. He said that Mr. Byrd knew about all of the concerns of the citizens and the County Commissioners and still contracted to begin paving. He said that it is clear that Mr. Byrd has no intention of being a good County citizen and he is here to make as much money as possible. He said that it was frightening that the Planning Department has come here in favor of this paving project without addressing the safety issues until tonight. He said that he agrees with Commissioner Jacobs' proposal to segregate Tuscany Ridge and the paving project. He said that the citizens should decide when it is paved. He said that NCDOT has the right-of-way for all of the land except far one or two parcels. He urged the Board of County Commissioners to not allow 800 feet of road to be paved and endanger Orange County citizens. It should not be about money, but the safety of the citizens. Chair Brown said that she had received many calls about the paving of this road and she did drive out and speak to the crew an Arthur Minnis Raad. She said that she agrees that it would be dangerous to end the pavement where it is proposed to be ended. She spoke to Mr. Byrd and said that the Board has a recommendation to include him in working with the community, NCDOT, the Board, and staff to come up with a reasonable solution. She asked Mr. Byrd if he would be willing to do this. Bill Byrd said that they have indicated their willingness to work with the Planning Department and NCDOT on making the paving of the entire road a reality. He said that it is not their desire to pay for this section of road. It will cost them $130,000 ultimately. However, they have been facing this condition on their final plat since June and they are facing business commitments from others. He said that they are mare than willing to work with everyone and came to a conclusion. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the plan to have the Planning Director, County Manager, and County Attorney work with NCDOT, the Tuscany Ridge developer, and representatives of the Arthur Minnis Road community toward the goal of having the remaining unpaved segment of Arthur Minnis Road paved as part of the 2003-2004 Secondary Road Construction Program. Chair Brown asked that Commissioner Jacobs and Commissioner Halkiotis be on this committee since they have both worked with NCDOT. The motion includes this and the Commissioners are not appointed, they are just volunteering to be on the committee. This would prevent every meeting from being public. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. AmeriCorps Improvement Project -Southern Human Services Center The Board reviewed tentative plans far an AmeriCorps improvement project at the Southern Human Services Center in early 2003. Assistant County Manager Gwen Harvey said that this is a project for AmeriCorps who will be coming in the middle of January far about six weeks. These young volunteers will come and do trail construction, improvements to the pond, and work on the house on the Southern Human Services Center grounds. Land Conservation Manager Rich Shaw pointed out the 33-acre site on a map. He said that beyond the parking area there is a wooded area where people who work in the building and others can walk through and enjoy. There are some areas around this building far future County buildings, but not in this particular area. The old house was built in 1949 and AmeriCorps will be cleaning debris around this house and constructing a pedestrian trail. The staff has prepared a site plan for the Town of Chapel Hill, who will give some zoning and administrative approval for this project. They are proposing a walking path, perhaps asphalt or something that is ADA accessible that would allow people to come from the Southern Human Services Center, across the street, and into the proposed conference center, and then have a walk to the pond area. The AmeriCorps volunteers will be staying at Camp Chestnut Ridge. Commissioner Halkiatis asked if there would be an opportunity to meet these volunteers and thank them. Gwen Harvey said that this is addressed on page two of the abstract. There will be a pre- project welcome and a closing dinner/celebration. Chair Brown made reference to Brett Tempest who is a citizen of Orange County and an AmeriCorps alumni and said that he was the one who brought this to her attention last year. She asked that he and his family be invited to the festivities. Geoff Gledhill said that the Hoyle family that awned this land before the County bought it was most interested in preserving the house and the grounds around the house. He knows they will be pleased and maybe they can be contacted about this. Commissioner Jacobs asked about sidewalks and it was answered that this was not in the plan for AmeriCorps, but the staff can look into it. Commissioner Jacobs said that this was not far from the Homestead Park and he asked if there had been any discussion with Chapel Hill about any kind of relationship between this trail and the park. It was answered na. 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiatis, seconded by Commissioner Jacobs to approve those items an the consent agenda as stated below: a. Minutes None b. Aapointments None c. Motor Vehicle Property Tax Refunds The Board approved and authorized the Chair to sign the resolution, which is incorporated herein by reference, approving 88 motor vehicle property tax refunds requested in accordance with N. C. General Statutes. d. Budget Amendment #7 The Board approved budget ordinance amendments for the Department on Aging, Board of Elections, and non-departmental purposes for fiscal year 2002-2003. e. Contract with TRC Garrow Associates, Inc. for a Cultural and Archaeological Survey of the Chapel Hill Township Park and Educational Campus The Board approved a contract with TRC Garrow Associates, Inc., in the amount of $13,650, for a survey of cultural and archaealagical resources an the 193-acre property acquired by Orange County for the Chapel Hill Township Park and Educational Campus, subject to final review by staff and County Attorney. f. Business System Software Award of ProposallCantractApproyal The Board awarded a proposal and approved and authorized the Chair to sign a contract with MUMS, in the amount of $480,000 plus an annual maintenance fee of $72,419, for business software through an outstanding outplacement proposal with CCB previously approved by the Board for landfill equipment, upon attorney and staff review and authorized the Finance Director and County Attorney to execute the documents necessary to complete the funding through CCB. ,g., Cultural Competency Training Agreement This item was removed and placed at the end of the consent agenda for separate consideration. h. N.C. State Firemen's and Rescue Squad Worker's Pension Fund Certification Raster The Board approved certification requirements for the fire marshal to participate in the North Carolina State Firemen's and Rescue Squad Worker's pension fund and authorized the Chair to sign the certification document. i. Trustee Appointments to the Cedar Grove Fireman's Local Relief Fund Board The Board appointed Mr. James Horner and Ms. Jane Spark to the Cedar Grove Firemen's Local Relief Fund for the Cedar Grove fire district. i Trustee Appointment to the South Orange Fireman's Local Relief Fund Board The Board appointed Mr. Iby George to the South Orange Firemen's Local Relief Fund for the South Orange fire district. k. Plans Review Fees for Commercial and Residential Projects The Board approved proposed fees for plans review of commercial and residential projects with an effective date of December 16. 2002. I. Approval of Recommendations from Greene Tract Work Group This item was removed and placed at the end of the consent agenda for separate consideration. m. Telecommunication Tower Ordinance Amendments This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA ,g_ Cultural Competency Training Agreement The Board considered awarding a contract to Dr. Henry Meguid, in the amount of $8,100 for fiscal year 2002-2003, to provide cultural competency building training to County employees. Commissioner Jacobs would like to use different wording than cultural competency, such as cultural awareness. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to award a contract to Dr. Henry Meguid in the amount of $8,100 for fiscal year 2002-2003 to provide cultural awareness competency building training to County employees. VOTE: UNANIMOUS I. Approval of Recommendations from Greene Tract Work Group The Board considered formal approval of recommendations from the Greene Tract Work Group regarding the 104 acres of the Greene Tract remaining in joint ownership. Commissioner Gordon made reference to the map and said that there needs to be a key to identify what the tracts are. Rod Visser said that something must have happened with the printing. He explained what the colors represented on the map. Commissioner Gordon said that this negotiation is a milestone. She commended Commissioners Carey and Brawn for their work on this as well as the other people that worked on this. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the Greene Tract Work Group resolution as stated below: A RESOLUTION REPORTING THE RECOMMENDED CONCEPT PLAN FOR THE PORTION OF THE GREENE TRACT THAT REMAINS IN JOINT OWNERSHIP WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired the property known as the Greene Tract in 1984 as an asset of the joint solid waste management system; and WHEREAS, title to 60 acres of this property was deeded exclusively to Orange County in 2000 under provisions of the 1999 interlacal "Agreement for Solid Waste Management"; and WHEREAS, under the same interlocal agreement the County and Towns agreed to bargain in good faith during the two-year period following the effective date of the agreement to determine the ultimate use of disposition of the balance of the acreage on the Greene Tract; and WHEREAS, the end date of the "bargaining period" as defined in the agreement was April 17, 2002, the second anniversary of the date upon which the County assumed overall responsibility for solid waste management in Orange County; and WHEREAS, the Greene Tract Work Group considered direction from the respective governing boards, comments from interested citizens and organizations, and information developed by staff in response to Work Group inquiries in developing a recommended concept plan for the balance of the Greene Tract; and WHEREAS, the Work Group reported to all three governing boards in a resolution dated March 21, 2002 that it had reached substantial agreement an a concept plan providing for approximately 78 acres to be earmarked for open space protected by conservation easements and approximately 15 acres to be earmarked for affordable housing but had not yet reached agreement regarding what designation should be placed on the remaining 11 acres; and WHEREAS, the Work Group had recommended in that March 21, 2002 resolution that the following additional steps be taken: - The area shown on the concept plan as open space should be protected by executing a conservation easement between appropriate parties - The Board of County Commissioners should consider protecting its 60-acre portion of the Greene Tract by executing a conservation easement with an appropriate party - The Chapel Hill Town Council should consider initiating a small area planning process to examine desirable land uses for the Purefoy Road area - The property should be renamed in a manner that recognizes the significances of this area as the headwaters for three important streams {Bolin Creek, Old Field Creek, and Booker Creek) - The governing boards should take note of the public investment already made in the general vicinity of the Greene Tract, as cataloged in an accompanying table; and WHEREAS, the governing board of all three jurisdictions approved resolutions extending the bargaining period beyond April 17, 2002 in order to allow the Greene Tract Work Group additional time to try to reach consensus on the basic uses to be established for the approximately 11 acres at that time unresolved: and WHEREAS, the Work Group received a technical report form the County Engineer outlining the basic alternatives available and approximate costs for providing sewer service to a portion of the Greene Tract, which service would be necessary for the economical and practical provision of affordable housing; and WHEREAS, the Work Group concluded by consensus that "the carrying capacity of the land" should by the determining factor in establishing how much of the unresolved 11 acres should be earmarked for specific purposes, and that the ridge line reflected on the accompanying concept map determines the portion {approximately one-third) of the 11 acres that can practically be used for affordable housing served by a sewer line that would access the Greene Tract via Purefoy Road: NOW, THEREFORE, BE IT RESOLVED THAT the Greene Tract Work Group does hereby recommend that the Carrboro Board of Aldermen, the Chapel Hill Tawn Council, and the Orange County Board of Commissioners accept the accompanying map as the Work Group's consensus recommendation for a concept plan for that portion of the Greene Tract not deeded exclusively to Orange County, with the acreage to be set aside for open space protected by conservation easements approximating 85.90 acres and the acreage for affordable housing approximating 18.10 acres; BE IT FURTHER RESOLVED THAT the Greene Tract Work Group does hereby recommend to the three governing boards that the acreage for affordable housing be placed in the Land Trust; BE IT FURTHER RESOLVED THAT the Greene Tract Work Group does hereby recommend to the three governing boards that the Managers investigate options for reimbursement of the Solid WastelLandfill Enterprise Fund for the portions of the site designated for affordable housing and open space; and BE IT FURTHER RESOLVED THAT the Greene Tract Work Group does hereby recommend to the three governing boards that the triggering mechanism for reimbursement to the Solid Waste/Landfill Enterprise Fund should be formal action taken by all three boards to approve conservation easements protecting the designated open space, with such approval taking effect no sooner than July 1, 2003, and no later than July 1, 2005. VOTE: UNANIMOUS m. Telecommunication Tower Ordinance Amendments The Board considered amendments to the County's telecommunications tower ordinance. Commissioner Gordon made reference to the salmon colored paper with her questions and the answers from Craig Benedict. Three of the questions led to three proposed changes. The first suggested change is on page 24 regarding the signs for the balloon test. She suggested that the minimum size of the sign be no less than four square feet giving the proposed dates, times, and locations of the balloon test. The other change was number five an the salmon sheet (page 40} and the definition of commercially impracticable, which means that a telecommunication tower has to be functional from two standpoints, one being the coverage area and the other being the number of users related to the tower. This can be read into the record, if the Board agrees with it. Also, she made reference to page 29a, the table of permitted uses. She wanted to make sure the Board realized that towers greater than 150 feet (up to 200 feet) would go to the Board of Adjustment if there were four co- locators on the tower. This is a major incentive. Commissioner Jacobs made reference to p17a where telecommunicatiantnwers 150 feet in height ar shorter indicates no particular ca-location, but they still get a class B special use permit. He asked where the incentive was. Craig Benedict said that the ordinance still does promote co-location justification criteria in the normal process. In p17c, it is a procedural incentive. Commissioner Jacobs asked what would happen if the tower was 201 feet. Craig Benedict said that it would be a class A special use permit. Commissioner Jacobs asked if that was clear from this. Geoff Gledhill pointed out p17c, which says, "greater than 150 feet." Craig Benedict said that they could add some language under p17c to say, "and towers 200 feet and greater, regardless of the number of carriers." Commissioner Gordon would like for the County Commissioners to consider everything that is 150 feet and more and see how it goes. She said that the extra 50 feet means a lot in terms of the impact on the community. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the telecommunication ordinance as revised by the Planning Board with the amendments as made above by Commissioner Gordon, and the change that if a tower is 150 feet in height or shorter, it is a class B special use permit, and if it is greater than 150 feet in height, it is a class A special use permit. Commissioner Jacobs asked what the process incentive was for someone to have four carriers. Commissioner Gordon said that it would take out the process incentive and it would allow the County Commissioners to decide on towers more than 150 feet. VOTE: Ayes, 4; No, 1(Commissioner Carey} 9. ITEMS FOR DECISION -REGULAR AGENDA a. Schools Adequate Facilities Memorandum of Understanding The Board considered approving a proposed School Adequate Public Facilities memorandum of understanding (MOU} and considered confirming the future intention to adopt a model ordinance (SAPFO}. Craig Benedict pointed out the revised abstract (lavender}. There has been an extensive amount of input from every jurisdiction and every perspective. Orange County is in a different position from the majority of the other participants because we have development permit authority in the Orange County School district and in the Chapel Hill-Carrboro School district. When Orange County passes the MOU and the ordinance, it will be clear that the development process will have certain specific aspects. Staff is asking that the County Commissioners approve the MOU for the two school districts with the addendums noted in the abstract. One addendum to the MOU was a clause from the Tawn of Carrboro that asked that when the projection numbers come out of the Planners/School Representatives Technical Advisory Committee, that they are distributed as loan as possible for comment and input by the local governments and parties to the local agreement. The Town of Carrboro also asks that they remain involved in the program as long as the County Commissioners continue to adequately fund the CIP. In the Chapel Hill-Carrboro School district at this time, there are no capacity problems that would cause an instant moratorium. So the level of service percentages {105°~ for elementary, 107% for middle, and 110°~ for high school} can be implemented without any problem. However, in the Orange County School district, the middle school level is over capacity (about 110°~.) This would create a de facto moratorium, meaning that housing growth would be deferred until the correction is made. There is funding for the next Orange County middle school within the next three years, but it is not the intent to start off an ordinance with a moratorium. The Administration is recommending that all of the information continue to be collected, but that the adequacy test for the middle school be suspended for the three-year period until the new middle school opens. This would not create a de facto moratorium. The model ordinance is not to be adopted tonight. Craig Benedict made reference to the seven variables in the first abstract (not the lavender), page 25. When the Board votes on the MOU's, it will also be voting that these decision points are included in the recommendation. He explained the seven decision points. Public Comment Virginia Knapp, the new Director of External Affairs for the Chapel Hill-Carrboro Chamber of Commerce, thanked the County Commissioners for the time to comment on the SAPFO. She said that they would do everything in their power to ensure that their schools continue to be an example to the State and nation. The Chamber recognizes and appreciates the County Commissioners' willingness to reexamine County programs and policy. She said that the letter from the Chamber attempts to identify one issue that Chamber members think could be easily fixed prior to the MOU and SAPFO being set in place. If level of service standards were set at 105% for elementary, 110°~ for middle, and 120°~ for high schools, then no threat of a moratorium or challenges to the ordinance would arise prior to the opening of the new middle and high schools in Chapel Hill-Carrboro Schools. The Chamber is also concerned about haw the ordinance will affect the availability of affordable housing. The Chamber wants to work with the County, the Towns, and the schools to ensure that the community continues to grow at a sustainable pace. Commissioner Halkiotis said that he respects the Chamber's position. He said that when the level of service goes beyond the 110%, especially in a high school, then you are only containing human beings. He said that 120°~ would be a scary number for him as a veteran high school principal. Commissioner Carey thanked the Chamber for the comments. He asked if there was a reason beyond the history that the Chamber is concerned about the County Commissioners' commitment to school funding. He asked what kind of pledge the Chamber was asking for beyond the CIP that is adopted every year. Virginia Knapp said that the Chamber wants to make sure that the level of funding far schools continues in the future and that the same commitment is there. Commissioner Jacobs made reference to page 33 and the CIP and suggested a little more information on how the CIP works as part of the frequently asked questions. Also, whether a major developer can monopolize CAPS is not addressed in the frequently asked questions. Also, how a different capacity is assigned to each level of schools and how it works should be addressed for the public. He said that he is concerned about how low the levels of service are. He said that we are locking ourselves into the most aggressive levels of service for each one of the levels of schools. He thinks it is remarkable that people come to the budget public hearings and ask the County Commissioners to raise their taxes because they want more money spent on schools. He said that the Chamber is on the right track in asking that the levels of service be raised. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to change the levels of service to 110% for elementary, 115°lo for middle, and 120% for high schools. Commissioner Gordon said that it is true that these levels of service are aggressive (105, 107, and 110}. The staff and the committee discussed this extensively and decided on these levels for the reasons stated by Commissioner Halkiotis. She thinks the Manager has made it clear that we will not bankrupt ourselves on this because the County debt policy will not allow it. UOTE: Aye, 1; Nays, 4 (Commissioners Brown, Carey, Gordon, and Halkiotis} The motion failed. Chair Brown made reference to the letter from the Chamber and said that it seems like there are a lot of contradictions in it, but she understands the intent of it. She said that maybe everyone needs to clearly understand that the Board of County Commissioners has committed $275 million in the last 12 or 13 years to education. There is no lack of commitment on the part of this Board. Jahn Link said that the focus in the CIP will be what should the cost of a new school be, what can the County afford, and how are we comparing the request for new schools here and their capacity to other school systems and other counties in the State and the country. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the MOU for the Chapel Hill-Carrboro School district, with the addendum as drafted by the County Attorney. VOTE: UNANIMOUS Geoff Gledhill pointed out that in the addendum to the Chapel Hill-Carrboro MOU there is language about bringing the statistical changes to the other governments for their review and comment. He said that this was not requested by Hillsborough or the Orange County School systems. He said that there should not be this difference in the two memoranda. Commissioner Jacobs said that the school system and Hillsborough are still trying to schedule a meeting, presumably in January. There will still be an opportunity for them to be on board at the same time. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the Manager's recommendation for the MOU for the Orange County School District with the change to the MOU as amended in the Chapel Hill-Carrboro MOU, section 1-d. The Manager's recommendation is as follows: to approve the proposed MOU and the addendum as outlined in the County Attorney's November 27, 2002 letter. It should be noted that there are two separate MOU agreements. One would be effective within the Chapel Hill-Carrboro School District, with parties to the agreement being the County, the Chapel Hill-Carrboro City Schools, and the Towns of Carrboro and Chapel Hill. The other agreement would be effective within the Orange County School District, with the parties being the County, the Orange County Schools, and the Town of Hillsborough. The Manager recommends Option II, which temporarily suspends the adequacy test for the middle school level. VOTE: UNANIMOUS b. Legal Advertisement for Special Public Hearing on January 21, 2003 The Board considered authorizing the submission for a legal advertisement for a special public hearing to be held January 21, 2003. Craig Benedict said that the approval of the above item sets forth a request for a legal advertisement to hold a special public hearing to discuss the implementing SAPFO. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed January 21, 2003 Special Public Hearing legal advertisement. VOTE: UNANIMOUS c. Funding Request -Habitat for Humanity of Orange County, N.C., Inc. The Board considered a funding request in the amount of $250,000, $126,432 of which would came from Community Development program funds and $123,568 to come from the County Hauling Loan Trust Fund, from Habitat far Humanity of Orange County, N.C., Inc., to acquire a 16-acre tract on Sunrise Road in Chapel Hill. Housing and Community Development Director Tara Fikes summarized the information in the agenda. The total purchase of the tract is $400,000 and Habitat for Humanity has about $100,000 available. The Town of Chapel Hill will contribute $50,000 and the County is requested to contribute $250,000. Commissioner Halkiotis said that he has received phone calls from some concerned citizens about the rental piece. Executive Director of Habitat for Humanity Susan Levy said that rental housing is needed in this area and this could be incorporated. The Habitat for Humanity Board has not approved any concept plan far the site. The property would have to be rezoned to put in rental units. She said that they are aware of the citizens' concerns. Nothing is definite at this point. Commissioner Jacobs asked about the $123,568 from the County Housing Loan Trust Fund and if any remaining band money could be used for this in order to leave this money in the trust fund. It was answered yes. Chair Brown asked how the Tawn gave $50,000 and if it was given. Tara Fikes said that she understood it to be a loan. Susan Levy said that she thinks the intent was for it to be a two-year loan and at the end of the two years it would be renegotiated and could be converted to a grant. Chair Brown asked if this was in the joint planning area and Tara Fikes said yes. If there was a rezoning request, it would require a joint public hearing. Commissioner Gordon questioned why Chapel Hill's contribution is a loan rather than an appropriation. Tara Fikes said that the County does the same thing with the non-profits in that they do it in the form of a deferred loan to secure the investment. This is the proposal -for the County's contribution to be a deferred loan. Commissioner Gordon said that this needs to be spelled out in the future because there could be some misunderstandings with the agencies that are receiving the money. She asked Tara Fikes to suggest a more specific recommendation. Tara Fikes revised the recommendation as follows: The Manager recommends approval of the funding request for Habitat for Humanity in the amount of $250,000, with $126,432 coming from the Community Development Program income and the remaining $123,568 coming from the County Housing Loan Trust Fund, to be provided as a deferred loan to Habitat for Humanity to assist in the purchase of a 16-acre tract on Sunrise Road in Chapel Hill, with the terms of the loan to be worked out with Habitat far Humanity. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the Manager's recommendation as stated above by Tara Fikes. Public Comment Habitat for Humanity Board President Richard King emphasized that they are committed to working with the neighbors in this community. He said that they have already been in contact with the neighbors. Marguerite Clark said that she is in strong support of this request. She is a resident of Carol Woods, which is just across Sunrise Road. She said that their community relations committee studied hard and decided affordable housing was one of the greatest needs in the community. Sue Harbin is the past President of the Habitat for Humanity Board. She added for the record a letter from Jeff Caiola, who is the head of the Family Selection Committee and is an employee of Empowerment. She thanked the County Commissioners for helping Habitat with Richmond Hills. She reported that 17 families will be in their homes this year. She also reported that with Habitat's escrow accounts, they will be turning in $95,000 in taxes to Orange County. Commissioner Jacobs congratulated Habitat for Humanity and encouraged them to make this as public a process as possible. Sue Harbin said that they have not heard from the neighbors that are opposed to Habitat homes in this area. She apologized if there was a false impression of the concept plan. VOTE: UNANIMOUS d. TJCOG -Upper Neuse Basin Association The Board was to consider authorizing the payment of membership dues in the amount of $7,989 far the 2003 calendar year, to the Upper Neuse Basin Association. postponed e. Chapel Hill Horace Williams Tract Citizens Committee The Board was to consider an appointment to the Chapel Hill Horace Williams Tract Citizens Committee. postponed f. Arts Commission -One Appointment The Baard was to consider one appointment to the Arts Commission. postponed gL Commission far the Environment -Three Appointments The Baard was to consider three appointments to the Commission for the Environment. Postponed h. Recreation and Parks Advisory County -Appointments The Board was to consider making appointments to the Recreation and Parks Advisory Council (RPAC}. .postponed 10. REPORTS 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT- A motion was made by Commissioner Gordon, meeting at 10:45 p.m. VOTE: UNANIMOUS seconded by Commissioner Halkiatis to adjourn the Margaret Brawn, Chair Donna S. Baker Clerk to the Board