HomeMy WebLinkAboutMinutes - 20030121APPROVED 315!2003 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 21, 2003
The Orange County Board of Commissioners met for regular session on Tuesday, January 21, 2003
at 7:30 p.m. in the F. Gordan Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissioners Moses
Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, 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.
Additions ar Changes to the Agenda
Chair Brown made reference to item 9-b, Southern Park Conceptual Plan, and asked Commissioner
Jacobs to bring the Board up to date. Commissioner Jacobs said that it was his understanding that
there was discussion about the process of decision-making. There is a document with strikethroughs
and it was submitted to Chapel Hill. He remembers that the Board gat a communication asking it to
defer adoption of this because there were members of the Town Council who had been meeting with
the County who wanted to discuss this further before it was adopted. He said that nothing has
changed.
Commissioner Halkiotis suggested deferring this item until there is a meeting with the two
representatives.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to remove item 9-
bfrom the agenda.
VOTE: UNANIMOUS
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. PUBLIC COMMENTS
a. Matters not on the Printed Agenda
Kim Moss is the Vice-Chair of the Human Relations Commission. She was here on behalf
of the HRC to formally extend an invitation to the Board to the Human Relations Month kick-off
celebration. The celebration will begin with Commissioner Gordon who will extend greetings and
Commissioner Carey will moderate a panel discussion. There will be entertainment. The celebration
is scheduled for Sunday, February 2"d from 3-5 at the Carrboro Century Center.
Elliot Cramer referred to a copy of a letter from APS saying that he is, "trespassed off the
property of the Orange County Animal Shelter." He said that Ms. Walters is continuing her policy of
harassment and misrepresentation. He said that every factual statement in the letter is a lie. He
requested that the Board rescind this attempt to stifle criticism. He made reference to the January
shelter report, which fails to account for 310 animals. He said that Ms. Walters claims that the
computer system crashed and all data was lost and that the software has been causing problems with
the data and monthly reports for years. She plans to redo the monthly reports from 2002 by hand. He
said that this is impossible since the reports are based on a physical count. He said that once
everyone who knew how to do the paperwork was let go or encouraged to leave, the APS stopped
being accountable. He is concerned about the oversight of APS.
Chair Brown asked for the written information from Mr. Cramer.
Commissioner Halkiotis asked when the Humane Society of the United States was coming
to do the review. John Link said that there are two stages. The first step is to have the Dispute
Settlement Center come and have some community meetings where we can understand the various
perspectives and opinions. This will occur within the next four to six weeks. Then the HSUS will
come.
Elliot Cramer said that his concern is that a final report will not be issued until August. He
said that the contract with APS is due to be renewed sometime before this.
Pat Sanford, the former Director of the APS of Orange County, said that she has been
trying not to be drawn into this. She is shocked but is not surprised at Laura Walter's letter. She said
that she is familiar with the Red Wing and the problems associated with it. There is a sign on the door
that says, "You May Not Enter". Unless the door is closed, the sign cannot be seen. She said that
this door is often left open and people can walk in. She said that Elliot Cramer would not have known
that it was off limits. She is concerned that this facility has always been a public shelter and now
people are being trespassed out of it. She said that since she has been called about the problem with
the monthly reports, she is giving a letter about her transition out and the documents she shared with
the Board of Directors.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda below.
3. BOARD COMMENTS
Commissioner Carey wished a happy new year to the viewer audience and the Board of
County Commissioners. He reported that he and Chair Brown represented the Board at the County
Commission Association Legislative Agenda meeting last week. He said that most of the issues dealt
with State local government financing and funding for programs that the County is responsible for.
The final copy of the goals will be given to the Board of County Commissioners soon.
Commissioner Carey thanked the HRC far inviting him to the HRC events. He participated last
year and is looking forward to participating this year. He hopes that there is an increase in
attendance. He made reference to the activities for Martin Luther King, Jr. Day.
Commissioner Jacobs asked about Southern Park and said that he read where discussions
are underway about the disposition of the park that involves the school board and the Town of Chapel
Hill. He asked why the County was not at the table since it is the funding entity. Chair Brown said
that her understanding is that they all got the letter from Valerie Foushee, Chair of the Chapel Hill-
Carrboro School Board, asking the Chapel Hill Town Council to look at the Southern Park area as a
third high school site. This letter was only copied to the Board. The school board has not asked the
Board of County Commissioners to participate. She thinks that there were formal petitions brought to
the Town Council this Monday, and the petitions were adopted and sent on to the Town Manager who
is going to came back with a recommendation about the possibilities of using the park or not for a
school site.
Commissioner Jacobs said that this confirms what he has read and he hopes that we do not
fund a park without an ownership say.
Commissioner Jacobs asked Planning Director Craig Benedict about the new fence around
the water treatment plant on Dimmocks Mill Road, which is in a residential area. He asked if this was
in Hillsborough's planning jurisdiction or if it would meet the County's regulations. Craig Benedict said
that, to his knowledge, it is in the extraterritorial jurisdiction of Hillsborough and they would have
zoning authority over placement of fences, etc.
Commissioner Jacobs asked that if it was under the County's jurisdiction would we require
some kind of screening and Craig Benedict said yes. Commissioner Jacobs asked Craig Benedict
while he was researching and talking to Hillsborough if he would encourage them to do something to
screen the fence {plantings, etc.).
Commissioner Jacabs asked John Link about an email he received informing him that La
Fiesta del Pueblo is moving out of the County. He said that they were told that there were going to be
repairs at Chapel Hill High School and they could not use it this summer. This group is moving to the
State fairgrounds. He would like to find out what actually took place and if there is another site
available in Orange County for this.
Commissioner Jacobs said that the next Agricultural Summit would be held on February 17`"
The time and place will be announced.
Commissioner Carey said that this is his first time hearing of La Fiesta del Pueblo moving and
it disturbs him. He asked Jahn Link if this was just between the schools. This was also Chair Brawn's
first time hearing about this. Commissioner Carey would like to learn more about this. He said that
we probably will need to discuss the Southern Park/third high school process a little more at that paint
in the agenda and what the County's role should be since we are the funding agent.
Commissioner Halkiotis said that his email has been down, so he had not seen the email
about La Fiesta del Pueblo.
Chair Brown said that we can get information back from the Chapel Hill-Carrbaro School
system about this event moving and about the construction planned far the summer.
Commissioner Gordon asked about La Fiesta del Pueblo and said that there are three other
high schools. Regarding the park and the school, she is sure that the school board knew that if they
were supposed to send the Board a letter, they would have. The question is what is the County's role.
Commissioner Gordon said that the Triangle J Council of Governments had a Smart Growth
Meeting. The group received their annual report on development in the Triangle area. There was a
lot of information and she will share the information with the County Commissioners if any of them are
interested.
Commissioner Gordan mentioned the Transportation Advisory Committee meeting on January
15t". There was a public hearing an the Transportation Improvement Program. Public comment
remains open until the end of the month. She mentioned that John Nance, the Division 5 Engineer,
talked about the clearing of debris from the ice storm from public roads. For non-maintained State
roads, he said that the process is that the EMS should request from the NCDOT that the roads be
cleared. The State will contract it out and the reimbursement will come from FEMA.
Jahn Link said that they are aware of this and the EMS staff is working on the lists each day
and he urged the public to contact the office (245-2300) with information about clearing roads.
Commissioner Halkiotis congratulated Commissioner Carey for being chosen as one of the
fifty most active people in the last fifty years in Orange County.
Commissioner Halkiotis said that he and Commissioner Jacabs were asked to meet with the
Arthur Minnis Road Study Group with the Manager, the Attorney, NCDOT, and the developer of
Tuscany Ridge. The Manager and the Attorney came up with a goad proposal, but the developer is
going to go ahead and pave the 800-foot portion of the road. He said that they all agreed that Arthur
Minnis Road should be at the tap of the list in the spring when NCDOT comes with the paving
recommendations. He drove this road and mentioned that there is one warning sign showing that the
pavement is ending. There are no speed limit signs on the road, but according to the NCDOT
Engineer, the speed limit is 55mph. The developer has offered to put up signs warning people about
the transition.
Commissioner Halkiotis said that he has to leave at 8:45 p.m., but he will return.
Commissioner Halkiotis said that he spoke at the ABC Board Retreat at their invitation and
was told that the issue with the Board of County Commissioners of retiree health benefit plans was
still an important issue and that Personnel Director Elaine Holmes and the Manager were working with
the ABC Manager to come up with a plan. He was also told that Elaine Holmes is going to get a third
party analysis of the different numbers of proposed costs.
Commissioner Halkiotis made reference to the SAPFO and said that he does not believe
either school system has any business being the issuance agency in CAPS. He thinks this is the
function of the Planning Department.
Chair Brown said that there was a rush by the end of last year to get comment on the Early
Action Compact far Ground Level Ozone Air Quality Issues. She thanked everyone who went to the
meetings. There was a response by the end of the year.
Commissioner Carey asked if there would be a public discussion of the County's response to
this. Commissioner Gordon said that there is not going to be an early action compact for this area
because there was not enough participation in this area. CAMPO, Raleigh, Cary, and Orange County
did not subscribe to it. It does not need to be discussed anymore.
Chair Brown said that Commissioner Jacobs wrote a letter to the Town of Chapel Hill, asking
them to consider the County Commissioners as a potential party as they developed their town
property an Millhouse Raad for town operations. The letter asked for consideration of a potential
animal shelter. The mayor wrote back saying that they would consider it.
Chair Brown made reference to the paving of Arthur Minnis Road and said that it is sad that
we do not have the relationship with NCDOT that the public thinks we do. The County has no control
over NCDOT. She said that she received an email from the developer saying that he would not
participate with the County in developing a plan that would have allowed the entire paving of the road.
Commissioner Jacobs said that he received a disappointing email from one of the residents on
Arthur Minnis Road. He said that the purpose of the meeting with the Manager, Attorney, NCDOT,
and the developer was to come forward with a proposal that the community could look at that would
address their concerns. He said that they were not trying to have secret meetings without the public.
The fact that the developer decided not to do the things that were discussed was not of the County's
doing.
4. County Manager's Report
John Link said that they were working on a unified approach to Arthur Minnis Raad and to try
and coordinate the 800 foot initial piece and the rest of the road all in one plan. He thinks that the
positive outcome is that Arthur Minnis Road is an important road to address because it is a connector
road. There are other important roads that are similar that need to also be addressed in the spring.
John Link welcomed the Americorps volunteers who are going to be building a trail around the
Southern Human Services Center area.
Assistant County Manager Gwen Harvey introduced the Americorps volunteers. The team has
11 people representing eight states. They are staying at Camp Chestnut Ridge. The team leader is
Eric Antonsan.
Eric Antonson thanked the staff and the team. Each team member then introduced
themselves.
All of the County Commissioners thanked this team for coming.
Jahn Link said that the Retirement Senior Volunteer Program (RSVP) has established the
volunteer income tax assistance program for people who need help with taxes. He gave out a special
phone number for the Hispanic population - 245-2010.
John Link reported that Orange County was the first county in the state to reach the goal of
waste reduction of 40°I° established by the state 10 years ago. In 2001-2002, Orange County
landfilled 40.2°~ less waste per person than 1991-1992. This is a tremendous achievement.
5. Resolutions or Proclamations
a. Resolution Supporting Restoration of Funding to Proiect HomeStart
The Board considered adapting a resolution in support of efforts to restore renewal funding
for Project Homestart, a transitional housing program operated by the Inter-Faith Council.
Chair Brawn said that this was to be funded by HUD and it got cut from the grant list.
Housing and Community Development Director Tara Fikes spoke about the request to
adopt a resolution to restore renewal funding for Project Hamestart. This project is operated by the
Interfaith Council. Last summer, the County applied for just over $1 million from HUD, and only
received $731,296 in homeless assistance. This amount did not include funding far the renewal of
Project Homestart. The IFC has encouraged the community to assist them in encouraging federal
officials to reconsider funding for Project Homestart. The staff has also drafted a letter to go to both
Senators and to Congressman David Price.
Chris Moran, Executive Director of the Interfaith Council, said that he remembers in 1996
that Commissioner Halkiotis made a motion that their infrastructure should be an Orange County land.
He said that there has been a wonderful partnership between the Interfaith Council and Orange
County. He said that they pledge to continue services far homeless families at this facility. He
clarified some things that have been in the newspapers. He said that not all that has been in the
newspapers is necessarily true. He said that they could not understand why the decision was made
the way it was far the funding. He said that they scored higher than the average shelters in the State.
He said that there are many contradictory stories and they cannot get straight answers. He said that
the IFC Board of Directors last week voted unanimously to keep Project Homestart open beyond
March 31 st through June 30th. This is the end of their fiscal year and they owe it to the staff and the
recipients to keep it open through the end of the fiscal year regardless of the funding decision. They
are going to appeal to the community to raise more money locally and find more volunteers to meet
the needs. They are also putting together an ad hoc committee to look at their entire agency structure
and fundraising mechanism.
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 Supporting Restoration Of Funding To Project Homestart And Pledging
To Petition Federal Elected Officials To Assist The Inter-Faith Council In Their
Restoration Efforts
WHEREAS, the Orange County Continuum of Care submitted an application for Homeless
Assistance funding to the U.S. Department of Housing and Urban Development in May 2002 far
$1,097,452 including $366,156 in renewal funding far Project Homestart; and
WHEREAS, Orange County was awarded approximately $731,296 in Homeless Assistance
funding in December 2002; and
WHEREAS, the funding received from the U.S. Department of Housing and Urban
Development application does not include funding far the renewal of the Project Homestart
Transitional Housing Program sponsored by the Inter-Faith Council for Social Service; and
WHEREAS, Project Homestart is a transitional housing program designed to assist up to 15
homeless families move toward independent, permanent housing; and
WHEREAS, Project Homestart is a unique program in Orange County and a vital component
of the Homeless Program Continuum of Care;
NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners
supports restoration of funding to Project Homestart and pledges to petition federal elected officials to
assist the Inter-Faith Council in their restoration efforts.
This the 21St day of January 2443.
VOTE: UNANIMOUS
b. Resolution In Suanart of Adeauate Bridae Lenath and Vertical Clearance for US 15-
501 Crossing of New Hope Creek
The Board considered a resolution in support of an Adequate Bridge Length and Vertical
Clearance for US 151541 Crossing of New Hope Creek.
Chair Brown said that this resalution was asking DOT to make the bridge wide and tall
enough to allow wildlife to proceed along the New Hope Creek floodplain corridor. This has been
adapted by the City of Durham and the Town of Chapel Hill.
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 IN SUPPORT OF ADEQUATE BRIDGE LENGTH AND VERTICAL CLEARANCE
FOR
US 151501 CROSSING OF NEW HOPE CREEK
WHEREAS, the State of North Carolina Department of Transportation (NCDOT)
in TIP Project U-4412 plans to expand US 151541 to six lanes between Mt.
Mariah Raad and Garrett Raad and such expansion will require removing and
rebuilding the bridge across New Hope Creek in this area; and
WHEREAS, the State of North Carolina Department of Transportation has
issued an Environmental Assessment dated July 7, 2442 in which the recommended bridge
alternative has a height of 8 feet, a length of 245 feet and a width of 122 feet; and
WHEREAS, Orange County has adopted the New Hope Creek Corridor Preservation Plan and
such plans anticipate the portion of the New Hope Creek corridor crossed by the bridge will provide
both recreation trail and wildlife corridor amenities: and
WHEREAS, the New Hope Creek Corridor is recognized as providing a
regionally significant wildlife corridor in the Piedmont by the State of North
Carolina's Natural Heritage Program; and
WHEREAS, the NCDOT-recommended alternative combination of bridge length,
height and width provides a wildlife crossing that is less protective than
other bridges NCDOT has under construction in the New Hope Creek
watershed and provides less wildlife protection than that called far in the mast recent scientific
literature; and
WHEREAS, the NCDOT-recommended alternative is less protective than that
recommended by the State of North Carolina Wildlife Resources Commission,
the City of Durham, Durham County, the Town of Chapel Hill, the New Hope Creek Corridor Advisory
Committee, the Durham Chapel Hill Carrboro Metropolitan Planning Organization Transportation
Advisory Committee and others {the Durham Open Space and Trails Commission and the New Hope
Audubon Society); and
WHEREAS, the NCDOT-recommended alternative bridge height is below that of
the existing bridge, is below the recommended height for trail crossings
in the Federal Highway Administration Enhancement Program as well as the
standards of the American Society of Transportation Officials, is below the height of NCDOT's I-44
crossing of New Hope Creek that is presently under construction, is below the height recommended
by the organizations mentioned in the previous paragraph, will impair trail maintenance activities, will
preclude use of the trail for equestrian activities in the future; and
WHEREAS, the public and private investments to protect the New Hope Creek
Corridor have exceeded $4.5 Million; and
WHEREAS, an increase of bridge length of 100 feet could protect public and private
preservation investments of over three times the additional construction cost of a longer bridge; and
WHEREAS, the original bridge construction over New Hope Creek used large
amounts of fill across the New Hope Creek floodplain which impacts the natural hydrologic and wildlife
functions of the corridor; and
WHEREAS, the NCDOT Environmental Assessment does not consider the potential
ecological and recreation advantages that could accrue were the new bridge to be constructed to
remediate these extensive and previous environmental impacts; and
WHEREAS, the NCDOT Draft Transportation Improvements Budget {TIP) for
2004-2010 budgets $7,325,000 far this construction project, while current
NCDOT construction estimates total only $6,850,000 for the project; and
WHEREAS, there presently exists an estimated $475,000 in the TIP project
budget which could fund approximately one-half of the requested additional
bridge length without impacting the project budget; and
WHEREAS, the NCDOT proposes to cross one of the most important natural
corridor in the Triangle with a bridge that limits the New Hope Creek corridor's trail
options and threatens the public and private investments made to establish a wildlife
corridor in cooperation with Gity of Durham, Durham County and the Town of Chapel Hril,
IVOW THEREFORE, BE !T RESOLVED THAT THE ORANGE COUNTY BOARD
OF COMMISSIONERS requests the North Carolina Department of Transportation revise
the Environmental Assessment to give due consideration of alternatives that provide
better remediation of past environmental degradation along New Hope Creek; are more
protective of Orange County's plans for use of the New Hope Creek Corridor, more
protective of the public and private investments made to protect the corridor and more
attentive to the environmental improvements associated with a longer bridge length;
FURTHERMORE, the Board of Commissioners expresses its support for bridge alternatives
with lengths longer than the NCDOT-preferred alternative that would be more cost-effective, protect
previous public investments in the corridor, provide more environmental protection for wildlife, and
permit trail uses that are flexible and diverse; in particular, expresses support for a bridge that is at
least 10 feet high and 340 feet long as well as 122 feet wide;
AND FURTHERMORE, the Board of Commissioners requests that the Orange County
representatives to the Transportation Advisory Committee convey to the Department of Transportation
the above concerns and preferences about the NCDOT-preferred alternative and the associated
Environmental Assessment.
This the 21st day of January, 2003.
VOTE: UNANIMOUS
Commissioner Gordon said that she already spoke at the last TAC meeting in support
of this because it came up on the agenda.
Commissioner Jacobs said that this is an opportunity we missed in Efland when DOT
ignored the request to do something similar. It has already been raised in the TIP for the I-85
widening to make sure that that opportunity was not missed.
Chair Brown said that the Audubon Society brought this to her attention. She would
like to send this resolution to Mr. Galyon from the North Carolina Board of Transportation.
6. Special Presentations
a. Presentation by Utility Providers on Ice Storm Electricity Restoration Efforts
John Link introduced Duke Power Area Manager Scott Gardner and Richard Mabbott from
Piedmont Electric. He said that the County asked them to give a brief synapsis of the challenges
faced to restore the power.
Scott Gardner distributed a packet. He said that the ice storm was the mast devastating
one in the near 100-year history. Nearly 1.2 million customers out of their 2.2 million-customer base
experienced a loss of electricity. He said that in preparation for this event they had a plan and began
a week in advance of the storm. There were crews prepared to travel system wide. There is also a
mutual assistance agreement with the 17 electric utilities in the southeast United States that allows
them to share crews in major events. When the event hit, off-system crews arrived on December 5t"
from Georgia. They used over 11,000 Duke Power and contractor crew and support personnel in this
effort. They were able to restore service to 90°l0 of the 1.2 million customers by December 11t". They
answered 1.64 million calls in the customer contact center. They replaced 3,200 poles system wide,
549 miles of wire, and 1.2 million connectors or splices. He commended Orange County EMS
Director Nick Waters and John Link for communicating with customers and sharing information.
Commissioner Halkiotis left the meeting at 8:48 pm.
Scott Gardner said that they were unable to move any of their on-system crews until the
Monday after the storm hit. They worked closely with the State Utilities Commission to inform them of
their progress, and they do not plan to ask for a rate increase to cover the expenses incurred, which i~
estimated to be between $115-130 million. They are currently in the process of soliciting feedback on
the response.
Commissioner Jacobs asked how Duke Power established priorities of restoring power.
Scott Gardner said that first there is the major medical facilities, then major EMSlpolicelfire, then
major health and safety (water and wastewater treatment facilities), then the substations on backbone
feeders, then it is based on the numbers of customers on each line.
Commissioner Jacobs said that some maps would be helpful for citizens in the future.
Scott Gardner said that they were looking into this and they have already received this feedback.
Commissioner Jacobs asked what Duke Power learned from this and what they would da
differently. Scott Gardner said that they executed the plan that was in place as well as they think that
they could have. They received all of the crew that they possibly could.
Commissioner Jacobs made reference to the criticism of the tree protection ordinances
and asked if this was Duke Power's position. Scott Gardner said that trees are beautiful things and
we all love them, but there are places where they do not work well. Duke Power had 30-foot
easements and then tree ordinances came on the scene. They tried to work with municipalities, but
they had to give up the 30-foot rights-of-way. As people have worked harder to protect trees, the
liability numbers have gone dawn. They have tried to get back the 30-foot right-of-way. Regarding
this storm, they think that the restoration work went quicker with cleaner rights-of-ways.
Commissioner Jacobs asked how a citizen would make a comment to Duke Power. Scott
Gardner said that they can write a letter with their bill, they can call the customer contact center, and
they can write to the North Carolina Utilities Commission. Duke Power has also asked EMS Directors
to provide feedback from their counties. They will be providing a report from the evaluation and what
changes are going to be made.
Commissioner Gordon asked about the list of priorities and where commercial centers fit
in. Scott Gardner said that this is included in the backbone feeders. The backbone feeders are
usually connected to the commercial centers.
Commissioner Gordon asked Scott Gardner about his opinion about underground lines.
Scott Gardner said that 80% of their lines put in last year were underground. The bottom line is that it
is very expensive if it is done for everything. The lines would be encased in concrete.
Commissioner Gordon asked about the threat of terrorist activity and if the restoration plan
would change if the utility would have to rely an its awn personnel. Scott Gardner said that each utility
would be on its own if the activity were widespread.
Commissioner Gordon would like to see how they would handle widespread outages like
terrorism.
Commissioner Carey made reference to the underground lines issue and said that he
heard from the Utilities Chairman that this would not be likely. He said that he knows that some of the
repaired lines appear to be temporary and asked when these would be fixed. Scott Gardner said that
if they are low hanging lines, they might be cable or phone lines. All of the electrical lines should be
fixed at this time.
Chair Brown said that it seems that Duke Power is saying that a lot of outages could have
been caused by trees and that Duke Power was prevented from cutting from tree ordinances. Scott
Gardner said that they are not convinced that they would not have had the same amount of outages
without the trees, but the restoration effort would have gone quicker without the trees.
Chair Brown said that to attribute slow restoration of power to "tree huggers" is not the way
to go. Scott Gardner said that they backed away from what they should have been doing because
they were trying to be customer friendly.
Chair Brown suggested going back to trimming and working with the municipalities on
Duke Power's right-of-way policies. She said that some trees have been cut previously that would not
have hit a power line even if they did fall. Scott Gardner said that they want to work with
municipalities to do trimming work properly.
Richard Mabbot with Piedmont Electric said that they have 14,000 customers and all lost
power. By the end of the day on December 10th they had power restored. He gave a brief history of
Piedmont Electric. They work closely with other co-ops in the State for restoration projects.
Restoration and communication are the two main paints of a disaster such as this. During outage
they took calls through automation and live operators. They personally answered over 10,000 phone
calls. He said that they are continuing to work on pole restoration and they are making repairs. They
also have additional tree contractors removing dangerous trees. Regarding preparation for right-of-
way clearing, Piedmont is on a three-year re-clearing schedule. They also have a 30-foot right-of-
way. He thanked the County and EMS for their support as well as the customers far their patience.
He said that the challenges were bringing in an army of linemen and housing and feeding them.
Commissioner Carey asked about the estimated cost of the restoration to Piedmont and if
this would affect customer rates. Richard Mabbot said that the last estimate he got was in the $2
million range. He thinks that FEMA will help them and they do not anticipate it affecting the rates.
Commissioner Jacobs said that he appreciates Piedmont's sensitivity about cutting trees.
He asked if Piedmont was also going to share maps with EMS and with the public so that they
understand the priorities. Richard Mabbot said that the priorities were the same for Piedmont as for
Duke. He said that it would be very difficult to keep maps current.
Commissioner Jacobs suggested a general map of the County that could be put an a
website. He also asked if Piedmont did any spraying of the rights-of-way in Orange County. Richard
Mabbot said that they spray in the transmission rights-of-way. Otherwise, they only mow the rights-of
way.
Commissioner Gordon asked about widespread outages and what Piedmont would do to
work with the County and what they would do differently. She is concerned about any widespread
outage and what could be improved. Richard Mabbot said that in any outage, they would look at it
from the same perspective. Regarding a terrorist attack, the safety of the employees would be added
to the picture. In this storm, housing and feeding the linemen that came to help was a big issue. He
said that they tried to get a generator at one of the hotels and one was not available.
Commissioner Halkiotis arrived back at the meeting at 9:25 p.m.
Commissioner Halkiotis said that there are schools with hot water and heat because of the
generator that they have. He said that we as a County have a responsibility to help out.
John Link said that if there was an event {natural or terrorist) that would render a
residential area uninhabitable, then we need to look at some of our schools or other facilities to be
retrofitted with some generators. Also, the communication systems need to be addressed. Part of the
CIP proposal is to purchase some more generators.
Commissioner Halkiotis thanked Piedmont far their efforts, since he is a customer. He said
that it is very important to have shelters available, especially for the ill people that rely on oxygen
tanks to survive.
Commissioner Jacobs asked the Chair to write a letter to summarize the things that were
brought up with the two utilities -specifically the Board's willingness to work with them on tree
protection and right-of-way clearance and sharing basic map information with citizens. The Chair
agreed.
7. Public Hearings
a. Public Hearing on the Issuance of Refunding Bonds and Adoption of Refundin
Bond Orders
The Board conducted the required public hearing on the advisability of issuing refunding
bands and to adopt the bond order authorizing the issuance of refunding bonds if the board so
desires.
Finance Director Ken Chavious said that at the December 2"d meeting the Board
introduced a bond order that is required in order for the County to pursue a refunding of bands that
were issued in 1993. The total amount of the refunded bonds is approximately $26 million dollars.
The County could save in excess of $125,000 annually on the debt service payment and about $1.3
million for the remaining 11-year term of the band. There is also a bond sale scheduled in March and
this refunding will be piggybacked with the sale. After the public hearing, the staff is asking the Board
to officially adopt the bond order and a resolution providing for the publication of the band order by the
Clerk.
There was no one signed up to speak to this item.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
adopt and authorize the Chair to sign the bond order and the resolution far bond order publication as
stated below:
BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $28,000,000
WHEREAS -
Orange County, North Carolina {the "County"}, has previously issued its general obligation
Refunding Bonds, Series 1993, and its general obligation School Bonds, Series 1993 (together, the
"Prior Bonds"}. Based on the current state of the municipal bond market, the County has determined
that refinancing all or a portion of the outstanding balance of the Prior Bonds would provide savings to
the County.
The County has applied to the North Carolina Local Government Commission for its approval
of the issuance of County refunding bonds to carry out the refinancing of the Prior Bonds. The
Commission has accepted the County's application.
BE IT ORDERED by the Board of Commissioners of Orange County, North Carolina, as follows:
1. There are hereby ordered to be issued general obligation refunding bonds of the County to
provide for the refinancing of all or a portion of the outstanding balance of the Prior Bonds,
including paying related financing costs and other necessary or incidental costs.
2. The maximum aggregate principal amount of the bonds issued for such purpose will be
$28,aao,ooo.
3. Taxes will be levied in an amount sufficient to pay the principal of and interest on the
bonds so issued.
4. A sworn statement of debt prepared by the County's Finance Officer has been filed with
the Clerk to this Board and is available for public inspection.
5. This Bond Order takes effect immediately.
RESOLUTION REGARDING PUBLICATION OF BOND ORDER
WHEREAS, there has been adapted at this meeting a bond order entitled as follows:
BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $28,000,000
AND WHEREAS, the General Statutes require the publication of a notice to complete the process of
authorizing the bonds;
BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina,
that the Clerk to this Board is authorized and directed to publish a notice of the adoption of such Bond
Order, in the form provided for in Section 159-58 of the General Statutes, one time in a newspaper
having general circulation in the County.
VOTE: UNANIMOUS
b. Schools Adequate Public Facilities Ordinance
The Board received public comment on the revised Schools Adequate Public Facilities
Ordinance (SAPFO) pursuant to the Board of County Commissioners Memorandum of
Understanding (MOU) and Model Ordinance approved on December 10, 2002.
Planning Director Craig Benedict said that this is a public hearing for the ordinance for the
SAPFO. He summarized the information in the agenda.
There was no one signed up to speak to this item.
Commissioner Gordon said that the Board needs to talk about when the third high school is
coming on line. She said that the starting date might cause a de facto moratorium and a similar
process might need to be used as was suggested for the Orange County middle school level.
Chair Brown said that we are in a public hearing right now about the ordinance.
Geoff Gledhill said that the procedure is to refer this to the Planning Board with comments so
he would recommend that the Board not close the public hearing.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to refer
this item to the Planning Board with a recommendation back to the Board of County Commissioners
on February 4, 2003.
VOTE: UNANIMOUS
Commissioner Jacobs asked that we continue to work on the frequently asked questions for
the public. He volunteered to help work on the wording.
8. ITEMS FOR DECISION--CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Chair Brown to approve those
items on the consent agenda as stated below:
a. Minutes
The Board approved the following minutes as submitted by the Clerk to the Board with the
corrections: October 21, 2002-B000 regular meeting; October 28, 2002-B000 work
session {APS}; October 30, 2002-Assembly of Governments; November 6, 2002- BOCC
regular meeting; November 19, 2002-B000 regular meeting.
b. Appointments-NONE
c. Motor Vehicle Property Tax Refunds
The Board adopted and authorized the Chair to sign a refund resolution, which is
incorporated herein by reference, related to 57 requests for motor vehicle property tax refunds.
d. Property Tax Refunds
The Board adopted and authorized the Chair to sign a refund resolution, which is
incorporated herein by reference, related to three (3) requests for property tax refunds
e. Property Value Changes
This item was removed and placed at the end of the consent agenda for separate
consideration.
f. Applications for Property Tax Exemption
The Board approved applications far exempt status from ad valorem taxation for the 2002
tax year.
,g: Late Application for Property Homestead Exemption
The Board approved the application for 2002 homestead exemption as referenced in the
agenda abstract.
h. FEMA Designation of Applicant's Agent and Disaster Relief Agreement
This item was removed and placed at the end of the consent agenda for separate
consideration.
i. OCJP Contracts (OPC Mental Health and Orange-Chatham Alternative Sentencing)
The Board approved continuation contracts to OPC-Mental Health far substance abuse
treatment and Orange- Chatham Alternative Sentencing for pre-trial release services.
1 Impact Fee Reimbursement -Habitat for HumanitylRichmond Hills
The Board approved the impact fee reimbursement request from Habitat for Humanity of
Orange County, North Carolina for $24,000 for eight new homes.
k. Residential Anti-Displacement and Relocation Assistance Plan
The Board adopted a Residential Anti-Displacement and Relocation Assistance Plan for
Orange County.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
e. Property Value Changes
The Board considered approving value changes made in property values after the 2002
Board of Equalization and Review has adjourned.
Commissioner Carey asked about several of the open space areas that are owned by
homeowners associations that are valued at zero. He said that he had not seen this before
and asked if it was something new.
Tax Assessor John Smith said that it has been his experience that this is the way to handle
open spaces awned by homeowners associations. Otherwise, it would be double taxation
because the value of the open space properties contributes to the lot values.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to adopt
and authorize the Chair to sign the resolution, which is incorporated herein by reference,
approving the value changes.
VOTE: UNANIMOUS
h. FEMA Designation of Applicant's Agent and Disaster Relief Agreement
The Board considered adoption of a resolution and approval of an agreement required by
the Federal Emergency Management Agency (FEMA} and the State of North Carolina for the
processing of reimbursements to the County far expenses associated with the recent
December 2002 ice storm.
Commissioner Gordon asked if there was anything we had to change based on the most
recent procedures from the State of the clearing of the roads. Ken Chavious said no. If the
State does the work, then the cost is to the State, then the State is going to get the FEMA
reimbursement.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
adopt and authorize the Chair to sign the resolution, which is incorporated herein by reference,
approve and authorize the Chair to sign the agreement, and authorize the Chair and the Clerk
to execute the documents.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION--REGULAR AGENDA
a. Social Safety Net Transfer to Supplement Emergency Assistance Funding
The Board received updated information on emergency assistance programs and on the
relationships with the utility companies and service providers, and to request supplemental
funds for emergency assistance payments during this budget year.
Social Services Director Nancy Coston said that this is timely; since a lot of funds are used
far heating issues. This is a request for funding to be transferred from the Safety Net
Contingency that was established at the beginning of the year. She reported that the
Guarantor Program was successful because there was a low percentage of defaults. They
also implemented financial counseling. The request is for $61,735 to be transferred from the
Safety Net Contingency Fund.
Commissioner Carey asked how long this will last and Nancy Coston said that it should
last until June 30tH
Commissioner Jacobs asked if there was any use for or effort to provide firewood. Nancy
Coston said that there was not an organized effort. Some of the non-profits do same of this.
Commissioner Jacobs would be interested in seeing who organizes firewood distribution since
there will be an excess amount of it since the ice storm.
Commissioner Halkiotis would also like a report back on firewood and who is organizing
the distribution of it to needy families.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
accept the report and appropriate $61,73b from the Social Safety Net Reserve Fund to Social
Services to meet emergency needs.
VOTE: UNANIMOUS
b. Southern Park Conceptual Plan
The Board was to consider adoption of the Southern Park Conceptual Plan.
DEFERRED
Commissioner Halkiotis left the meeting at 10:00 p.m.
c. Housing Bond Policv -Land Banking Policv Approval
The Board considered approving a Land Banking Policy for incorporation into the County
Affordable Housing Bond Policy.
Housing and Community Development Director Tara Fikes summarized the information in the
agenda. The Affordable Housing Advisory Board developed the Land Banking Policy and
distributed it to the local non-profits and posted it on the County's website for public comment. A
summary of the public comment is in the agenda along with the Land Banking Policy.
Commissioner Gordon said that she does not understand haw this fits in with the housing
policy. She made reference to page five, #2, and eligible applicants. She listed several instances
where the two policies did not match up. She said that a lot of it could be cleared up if the Orange
County Housing Bond Policy was black lined with how the Land Banking Policy would fit in. She
asked if you had to build an eligible project in the future to get the land banking Haw.
Tara Fikes said that the way that the two policies can be incorporated is that if the Land
Banking Policy were approved, it would be an eligible activity in the Housing Bond program. She
said that the staff could try and make the two fit together better. She said that land banking is
quite different from other opportunities.
Commissioner Gordon made reference to page five, #2 again, and said that specific
instructions should be given "by the Board of Commissioners far land banking project proposals."
The other question is whether construction would be required to start within three years or five
years.
Allen Rosen, Chair of the Affordable Housing Advisory Board, said that the feeling of the
advisory board is that the purchaser of the property should be able to begin construction within
three years.
Commissioner Jacobs made reference to the three-year limit and said that there might need to
be a way to get an extra year if a crisis arose. Allen Rosen pointed out where this is addressed in
the policy. Commissioner Jacobs suggested the following language: "See the Guidelines for
Project Completion and Requirements respectively for instances where exceptions may be
sought."
Commissioner Jacobs made reference to page six and said that if someone was seeking land
that was not supplied by water and sewer that they would explain it because it is an exception to
the County's normal practices.
Commissioner Carey made reference to page five, under #3 and the leveraging of a project.
He asked for an example of this and also what would happen if someone was granted an
extension and they did not comply with the extension.
Allen Rosen gave an example of a leverage calculation.
Tara Fikes made reference to the question about the extension and said that normally we
have secured the bond transactions with a deed of trust. If an applicant could not follow through
on the plans, the County could call the project in default and require that they repay the County or
give the County the land. Commissioner Carey would like for the County to get the land back so
that there would be no costs associated with it. This will be incorporated into the loan documents.
Chair Brown made reference to Susan Levy's comment as follows: "I think the requirement
that construction begin within three years of the funding award somewhat defeats the concept of
land banking in which the idea is to take property off the market sa that it can be reserved for
future affordable housing developments." She agreed with Susan Levy. She does not understand
why it is three years. The issues for her would be whether the land is in the water and sewer
boundary area and if it is not, if the soil perks. She thinks any land should be within the water and
sewer boundary area.
Tara Fikes said that the advisory board did have a lot of discussion about three versus five
years and there was same interest in ensuring that the property was purchased for affordable
housing and that the development did take place. The policy said that the project must be begun
within three years and not finished.
Chair Brown said that she sees this more like a Greene Tract and she does not have a
problem with the land not being developed far a long time. She also thinks the needs far various
types of housing will be changing in the next few years.
Tara Fikes said that the advisory board did not talk about the water and sewer boundary area,
but this can be incorporated into the policy.
Chair Brown made reference to page six, item C, as follows: "ar other special features or
other conditions that adversely impact the development of this parcel?" She does not like the
word "adversely."
Commissioner Jacabs said that he suggested making these affirmative statements instead of
questions.
Commissioner Carey said that he agrees that the objective of the policy is to take land off the
market when it becomes available so that it can be available for future affordable housing. He is
concerned about extending the time far using it for something. The need for affordable housing is
here now and he would like to see something happening in the near future.
Chair Brawn said that she sees a lot of projects already in the pipeline.
Commissioner Carey asked if there was, as part of the Machinery Act, a requirement if a non-
profit owns land that it has to be used far that charitable purpose. Geoff Gledhill said that this is
true. If the objective is to hold the property without a plan, then it is not tax exempt if it is owned
by anon-profit.
John Link suggested that staff came back with recommendations far the Board to vote an.
Commissioner Jacobs suggested putting the timing in the scoring so that there would be some
discretion on the Board's part on whether to purchase it or not. Commissioner Carey and Chair
Brown agreed with this.
Commissioner Gordan said that she would also like the form to be a black lined policy.
d. Process for Acauiring Updated Aerial Photography and Digital Orthophotos 19:55-14:01
The Board was to consider endorsing County staff plans for acquiring updated aerial
photography and digital orthophotos for use with the County's Geographical Information System.
(GIS)
DEFERRED
e. Appointments
(1) Chapel Hill Horace Williams Citizens Committee
The Board was to consider an appointment to the Chapel Hill Horace Williams Citizens
Committee.
DEFERRED
(2j Arts Commission -One Appointment
The Board was to consider making one appointment to the Arts Commission.
DEFERRED
(3j Commission for the Environment -Three Appointments
The Board was to consider making three (3) appointments to the Commission for the
Environment.
DEFERRED
(4j Recreation and Parks Advisory Council -Appointments
The Board was to consider making appointments to the Recreation and Parks Advisory
Council.
DEFERRED
(fij Hyconeechee Regional Library Board -One Appointment
The Board was to consider making one appointment to the Hyconeechee Regional Library
Board.
DEFERRED
10. Reports
a. School Capital Issues Update
The Board was to receive as information and consider discussing updates from staff and
Commissioners serving on various task forces or work groups.
DEFERRED
11. Closed Session
12. Adiaurnment
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to adjourn
the meeting at 10:30 p.m.
VOTE: UNANIMOUS
Margaret Brown, Chair
Donna S. Baker
Clerk to the Board