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HomeMy WebLinkAboutMinutes - 20030204APPROVED 4/112003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 4, 2003 The Orange County Board of Commissioners met in regular session on Tuesday, February 4, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr. (out of town} COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified appropriately below) NOTE: FOR 5 YEARS. 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 Aaenda NONE b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.} 3. BOARD COMMENTS Commissioner Jacobs expressed condolences to the victims of the shuttle Columbia tragedy and of the explosion in Kinston. He said that this shows the importance that if your acts are going to be your last acts that they be acts that you would be proud of. He made reference to the Shearon Harris plant, which could be the largest repository of nuclear waste in the country and said that when people and systems are involved, accidents can happen. It is better to be prudent. He thinks that NASA was prudent, but he does not think that the Nuclear Regulatory Commission has been prudent. Commissioner Jacobs asked the Manager about the status of our release of the report an Shaping Orange's Future. John Link said that the last discussion he had with the Planning Director was to look at alternatives for getting it printed. Planning Director Craig Benedict said that they are in the process of abridging the document. Within the next month, he hopes to put it in as a newspaper insert. Commissioner Jacobs suggested that we send postcards to people who participated to let them know that there is a product forthcoming. Commissioner Halkiotis asked for an update from the Manager and the Planning Director regarding the SAPFO and Mebane and Durham. He has been reading the comments from Carrboro`s Mayor and that there has not been enough involvement with Durham and Mebane as it relates to the SAPFO. He is puzzled as to what the mayor is asking for. He felt that this was adequately addressed. Commissioner Halkiotis made reference to a letter from the Chair to the Chair of the Chatham County Commissioners regarding what the county borders really are. He thought that there was an agreement and the Chatham County Board of Commissioners seems to have changed its view. He said that the bigger issue seems to be that we thought the boundary issue was settled ten years ago and now it has resurfaced. He asked that the Chair and the Manager get together and open up some dialogue with the Manager and the Chair of Chatham County. Commissioner Halkiotis said that he ran into a concerned citizen from Efland today who is also a member of the Efland Fire Department. This person told him that there was a fire the other evening where an elderly woman's house burned to the ground and the Fire Department people called 911 and asked 911 to get up with the Red Crass to help this person. He was told that 911 could not locate anyone from the Red Cross. He asked about the protocol and if the Red Crass responds to minor situations like this. EMS Director Nick Waters said that the Red Crass does offer service for individual citizens. EMS has a paging system with the Red Cross and can attempt to page them. Nick Waters will check an this. Commissioner Halkiotis said that this citizen was very upset. Nick Waters will follow up with the Red Cross and report back to the Manager. Commissioner Gordon made reference to a DOT hearing on the subject of U-4012, which is the bridge modification that the Board supported recently. There will be a design public hearing about the widening over New Hope Creek on 15-501 on February 26th at Githens Middle School. The time and room location will be announced. Commissioner Gordon said that she brought greetings from the County Commissioners at a kickoff celebration for Human Relations Month. Commissioner Jacobs was also there. Commissioner Gordon made reference to a memo from her concerning the siting of the third high school and co-location of the park and the meeting with the Chair and Vice-Chair of the Chapel Hill- Carrboro City School Board Valerie Foushee and Gloria Foley. She gave a complete copy of the memo and attachments to the Clerk. She met with the Chair and Vice-Chair on January 30th and Steve Scroggs came in for part of the meeting. They wanted to focus the attention on the Southern Community Park and the property that is an the comprehensive plan in the Town of Chapel Hill for a school but had some constraints. It is an 80+-acre site. She said that to acquire the additional properly needed for the concept of the park and Schaal location, the Board of County Commissioners will need to be involved. The school board would like to pursue the concept of the school/park concept. She thinks they want to use same of the flatter land on the park site. The concept was that no park functions would be lost, although some park functions might be across 15-501. If it all worked out, there would be more open space. The school board wants the Board of County Commissioners to be involved. There is no committee outside of the High School Planning Task Force. She said that the Chair and Vice-Chair indicated that they wanted to follow the formal process as outlined in Orange County policy on planning and funding school capital projects, which both the County Commissioners and the school board has approved. They acknowledged her role as the representative far the County Commissioners. The committee would consist of Commissioner Gordon, the Chair, and the Vice-Chair of the school board. Jahn Link said that the school board can go out and determine what they think is the best site. However, they cannot spend any money without the County Commissioners' approval in terms of capital funding. The wording in the policy was carefully worked out a few years ago and it speaks to the fact that school boards have the responsibility or the authority to try to site a school. At the same time, it speaks to the fact that the funding for the site and the school comes from the County. He thinks it is a mistake for any of the governing bodies to dwell on the language of the policy. He thinks we should all work together to get a site and get the school built by 2006. Commissioner Gordon agreed with John Link. She read from the policy. She said that as far as she is concerned January 30th was the first time she ever functioned as a representative on the committee. She chose to write a report and present it at an open session. She said that the school board claims that all of the information is public right now. She said that she would keep everyone informed. She thinks the school board is trying to work with the County Commissioners in good faith. Commissioner Halkiotis asked Chair Brown to find out from Mayor Foy when Chapel Hill plans to make a decision with respect to the request from the school board regarding the Southern Park site. Chair Brown said that the Chapel Hill Tawn Council information would go out in their packet this Thursday. 2 Commissioner Gordon said that she was told that this information would also go on the website February 10tH Commissioner Jacobs said that he has the highest regard for Valerie Foushee and Gloria Foley, but there was a 2'/ month lag between when the High School Planning Task Force finished meeting and then Commissioner Gordon was invited to the first meeting and yet they were public meetings. There is still a failure of the process that needs to be addressed. He would like this to be addressed at a work session. Commissioner Gordon said that we need to have a mechanism to get information to the Board of County Commissioners. She suggested that a staff member get the information to help her out. She said that we would need to work out a concerned how closed session items of the school board would be handled. Chair Brown said that she does not think that it is the Board of County Commissioners' responsibility to monitor the school board's meetings. It should be the School Board Chair's responsibility to get information to the County Commissioners. Commissioner Gordon said that she hopes that if there are going to be collaborative efforts that we figure out a way to have everyone involved. 4. COUNTY MANAGER'S REPORT John Link asked County Engineer Paul Thames and Planning Director Craig Benedict to come forward. He said that they just learned today about an adjacent property owner of a potential petition that relates to zoning and approval of a piece of property adjacent to the Orange Enterprise building. The proposed function at this location is an asphalt manufacturing plant. He suggested that the Board authorize staff to create a letter to the Town of Hillsborough far the public hearing, which is scheduled for next week. Paul Thames showed where the proposed plant would be. Valley Forge Drive runs southwest from NC 86. Geoff Gledhill said that Orange County also awns the property diagonally across Valley Forge Drive to the southwest. Orange County has significant landholding in this area. Commissioner Jacobs asked if we were hearing about this as a government or as a neighbor. It was answered that the County has been notified as an adjacent property owner and not as a government. Commissioner Halkiotis said that this is unbelievable. Craig Benedict said that this is in Hillsborough's jurisdiction. A concrete mixing plant is a permitted plant within their industrial zoning district if it does not have any adverse impact upon adjoining properties. This decision is made by the Board of Adjustment and is a site plan decision. It is not a rezoning decision. The Board of Adjustment will meet February 12t" at 6:30 p.m. to have evidence provided by adjoining property owners and any other property owners to provide testimony on whether the plant has adverse impacts upon the property. This would not go before the Town Board; it is only a Board of Adjustment process. Chair Brown asked about the County's process for addressing the evidence to the Board of Adjustment. John Link suggested that the Board authorize the staff to develop a letter and a body of information that represents this Board's position on this and have someone go and convey this to the Board of Adjustment on February 12tH Commissioner Halkiotis said that these plants smell and there is a sheltered workshop with mentally challenged people next door. He said that we have to object to this. Commissioner Halkiotis asked that the letter be worded strongly that the County Commissioners object. Discussion ensued on the nature of the evidence that must be presented. Commissioner Jacobs said that we might need mare time to produce sufficient evidence. Geoff Gledhill said that he would see if there was an opportunity to postpone the hearing or leave the public hearing open for additional time. Commissioner Jacobs asked if this would have come up if there were a courtesy review agreement with Hillsborough. Craig Benedict said that site plan issues are not the focus of the agreement. Geoff Gledhill said that we should not assume that the Town of Hillsborough officials know about this. 3 Commissioner Gordon said that one obvious objection has to do the creek and siting an asphalt plant next to a creek. She asked if there were any rules besides Hillsborough rules that might affect whether this could be done. Craig Benedict said that this is in the Neuse River Basin and there are Neuse River buffer requirements. There are also Neuse River storm water regulations and they do not apply within Hillsborough's city limits. Cities under 10,000 are exempt from the regulations. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to send a letter to the Town of Hillsborough, expressing the County's objection to this proposal of an asphalt plant next to Orange Enterprise. Commissioner Gordon asked that a copy of the letter be sent to every member of the Town Board. VOTE: UNANIMOUS 5. RESOLUTIONS/PROCLAMATIONS a1. Tuscany Ridge -Resolution of Approval Condition Amendment The Board considered amending a condition in the resolution of approval for the preliminary plan of the proposed Tuscany Ridge subdivision concerning the paving of Arthur Minnis Road. Craig Benedict made a PowerPoint presentation. This plan was approved in June of last year. A condition of approval was that, prior to plat signing, a 900-foot section of road adjacent to the subdivision and down to Rocky Ridge Road would have to be paved either by NCDOT or by the developer. Since then, there have been many meetings with NCDOT that included the Manager, Planning Director, Attorney, and County Commissioners to discuss the issues brought up at various public hearings regarding where the pavement would stop. At one point there was a proposal for the developer not to do the road and wait for NCDOT to pave the entire road. Then in early January, the developer decided to move forward with the road again. About a week and a half ago, the developer did decide to participate in an escrow agreement to not pave the road and to hold off paving the road for a few months to see if NCDOT could put it in their paving program. In order to address this situation where the plat says pave the road in the short term, an amendment to the subdivision is being brought forward to say that if the developer pays $20,000 to NCDOT in contribution towards road paving in this area, that the project could proceed. If NCDOT does not pave the road by May 15, 2003, then the money would be returned to the developer and the developer would pave the road consistent with the agreement. The second item, a2, has to do with the transportation safety of the entire roadway corridor between Rocky Ridge Road and Dodson's Crossroad {approximately 1.4 miles). He pointed out the rights-of-way on a map. There is a mix of property owners who have or have not dedicated the right-of- way. This item is a request from the County Commissioners that when NCDOT considers the secondary road improvement program again this year and when there is a formal public hearing on it this May, that NCDOT again consider putting it on the list for public hearing and for public comment. Commissioner Gordon recognized that NCDOT officials were in attendance. She asked about the recommendation. John Link said that they were recommending that this road is a safety issue and it needs to be paved. The recommendation is to commend the road back to NCDOT and have it put back on the priority list. Commissioner Jacobs asked Craig Benedict about the community meeting and how that went. Craig Benedict said that there was a roller coaster of activity with the developer wanting to pave and not wanting to. He said that he distributed notices about the meeting. There are many concerns of the community. Craig Benedict said that in the past the communications with NCDOT have been mainly verbal. Maybe in the near future, the plans far the curvature of the road will be written down. Craig Benedict introduced District Engineer Mike Mills. Mike Mills introduced Mike Callums, Deputy Division Engineer; Tommy Dyer, Division Maintenance Engineer; and Chuck Edwards, District Engineer. Public Comment Chair Brown asked that no comments be duplicated since this is not a public hearing. Virginia Godfrey said that they received one business day's notice of this meeting. She clarified some misconceptions presented in this report. One is that this has been predicated an safety concerns of the existing property owners of Arthur Minnis Road. She said that this misconstrued something that happened several months ago. They had safety concerns of the partial paving of the road -the transition from an open, flat intersection to a shaded blind curve. They do not have safety concerns about the road as it exists today. Secondly, she said that it was presented that a great majority of the existing property owners have expressed an interest in paving the entire road based an granting right-of-way. Many of the rights-of-way preexist the present property owners. She said that less than 40°~ of the property owners want to see the road paved. As an agricultural based business on this road, she would like to receive the same consideration that has been given to the developer. She would like to see the plans proposed by NCDOT and she would like to be included in all of the meetings. She would like to know how she will be adequately indemnified for replacing or relocating 3,200 feet of oak fencing at $35 a linear foot. She asked who would replace her lost revenue from her horse pastures, which currently earn $1,000 a month a piece. She asked who would replace the pasturage in her farm. She purchased the property that had a preexisting right-of-way. She was misled by the seller and was told that no right-of-way existed. She was told that the little lines an her plat were a utility right-of-way for electric poles. She asked how the curves would be straightened out that are unsafe. She would like to know the speed limit on this road. She asked the County Commissioners to vote no to the amendment 5a1 that is proposed. This will not impact the developer's property. She asked that, in accordance with the letter that she received from Craig Benedict an the 28t", the needed decision on putting Arthur Minnis Road back on the road paving program be delayed until the public hearing in May and not be done tonight with one day's notice to the affected property owners. She would like time to study the designs and far the legal counsel to study the designs. Commissioner Jacobs asked about the size of her property and she said 65 acres. Fred Zimmerman said that a group met last night to discuss these matters, and he was assigned to speak for them. He lives at 1910 Arthur Minnis Road. He said that most of the residents of the gravel road oppose the paving of the road. This fact is not apparent from the material presented. He said that it is true that some residents do want the road paved. It is also true that NCDOT has collected a lot of right-of-way dedications. He asked the County Commissioners to reject both of the proposals. He asked that they not make it any easier an the developer than they already have to degrade their neighborhood with this development. He also asked the County Commissioners not to go along with the scheme outlined under which the County would function as a money launderer between the developer and NCDOT. He asked for the following changes if the amendment is approved: 1) amend the resolution so that the developer has to pave his entire frontage, including the 31 feet {condition #D7). 2} In a letter to some of the property owners on January 3`d, the developer offered to establish a fund to cover costs of any well failures that might result from this project. He also offered water use restrictions, a setback buffer, and steps to improve drainage from his property. Then the developer said that he would only agree to these things if the property owners cease "negative activities" and da not give him "anymore trouble paving Arthur Minnis {i.e., it's paved by May 15t"}." They believe these concessions should have been in the original resolutions put before the County Commissioners. He asked that these concessions be inserted now. They do want the paving to be finished sooner than May 15t". The paving has already begun and trees have been removed. It is now a mud hole and an eyesore. He said that the developer should finish immediately what he started. In the developer's letter, he also said that he could reduce the density of the development or pave the section of road. If the developer is not going to have to pave the road, he should at least be required in exchange to reduce the density by a commensurate number of lots. Regarding item 5a2, they were not told about this development until after the County Commissioners had approved it. He believes that it was because the developer and Craig Benedict knew the residents would object to the plan they had agreed on. The neighbors are disgusted and angered to learn that the developer and staff wants to make the development a catalyst for achieving something else they da not want -the paving of the entire 1.6 miles of road. He said that Craig Benedict does not speak for any of them when he says residents want the road paved out of concern for safety. Na one at his meeting believed that paving the road would make it safer. In fact, they assume that it will became less safe because paving will bring far more vehicles that will be traveling much faster. He quoted from an article called, "Traveling the Unpaved Way - A Case far the Preservation of Dirt Roads." He said that unless these efforts stop, they will lead to condemnation proceedings against some of them, the result of which will be prolonged legal contest against the County. He asked many questions about the new paving law and other details. Ruth Forehand lives at 4501 Scotland Drive. She said that, since there seems to be same issue of how concerned the residents are and their participation in the meeting, she received an email from Ms. Godfrey today and took off work to come here in support of them even though she does not live on Arthur Minnis Road. She is a horse owner and she lives in a development where the developer tried to take some of her land. Commissioner Jacobs asked Geoff Gledhill about the addition of conditions and asked if this could be done as suggested by Mr. Zimmerman. Geoff Gledhill said that because of the fact that the project is vested as approved previously, the only changes that can be made now would be with the consent of the property owner. Commissioner Jacobs asked for clarification an the 31 feet from the western property line of the subdivision. Craig Benedict said that during the design that the developer gave to NCDOT about how far the pavement goes adjacent to the project, it was found that the design falls 31 feet short of the property line. In the resolution, they put the exact distance that was anticipated. The residents are inferring that the 31 feet that is left over gives the developer vesting in the next phase. Craig Benedict clarified that the second item is not putting this road on the secondary road improvement program tonight. This item is to send it back for NCDOT to consider far a formal May public hearing. Tonight's action is not of this magnitude. Commissioner Halkiotis asked about the possibility of Ms. Godfrey losing her fence. Mike Mills said that they have avoided this fence with all designs of the road. The right-of-way will stop short of her fence. He said that they would be glad to meet with anybody regarding these issues. He said that once a property owner signs the right-of-way, whether it was last year or 30 years ago, it is recorded against the deed. Commissioner Halkiotis asked what would happen if the right-of-way was on the other side of the fence. Mike Mills said that they would physically move the fence, unless it is so badly damaged that they cannot. If it is badly damaged, they will not replace it with like materials. Mike Mills made reference to the condemnation rules and said that there are two policies. One has been in place for many years. NCDOT surveys the road and if there are one or more property owners that will not give right-of-way, the District Engineer sends him the plans and he contacts the board member and the board member makes the final decision. The property owners have to come up with the funds for condemnation. In the past, the board member will not get involved if there is a neighborhood disagreement. The new law says that 75°k of the property owners own a majority of the road frontage. If this scenario happens, NCDOT will condemn provided the funds are available. Commissioner Halkiotis said that the representatives from NCDOT and the two County Commissioners met with the Planning Director, the Manager, and the Attorney. He said that this meeting was not intended to be private. He said that the developer called him and he did not call him back because he will not talk to him in private. If he speaks to developers, it will be in front of witnesses. He said that he drove the full length of this road and there is not one speed limit sign from Old NC 86 to Bradshaw Quarry Road. There is also only one sign to warn that the paved surface is going to an unpaved surface. He asked if there was no sign then was the assumption that you could go 55 mph. Mike Mills said that this is for paved roads only. On dirt roads, there are not speed limit signs because the driver has to drive in accordance with the conditions. Chair Brown said that there needs to be more informational sessions with NCDOT and the Planning Director. She thanked Craig Benedict for attempting to reach a lot of people about the meetings. The Board decided to table these items to a future meeting. John Link clarified that by not taking action, the developer might proceed with the paving. Commissioner Halkiotis said that he appreciates Mike Mills' offer to look at safety issues on the road from the perspective of signage. He thinks this is important. Chair Brown suggested that the Board ask Craig Benedict and NCDOT to arrange a public meeting. She wants to make sure that the residents feel that they are notified at least two weeks in advance. Commissioner Gordon verified that the public meeting would address Arthur Minnis Road from Rocky Ridge Raad to Dodson's Crossroads. Commissioner Gordon would like all of the property owners on this road to be notified. Commissioner Jacobs suggested that the Board work an developing its own policy about what road projects it mayor may not want to get involved in promoting for paving. He thinks there should be some criteria. A2. Arthur Minnis Road Status Report The Board received a report an issues pertaining to paving Arthur Minnis Road, SR 1115, and considered requesting that the N. C. Department of Transportation place Arthur Minnis Road in its 2003-2004 secondary road improvement program. See above discussion. No action was taken on this item. b. Human Relations Month Proclamation The Board considered designating the month of February as Human Relations Month. Annette Moore introduced Barbara Chapman, the new Chair of the Human Relations Commission. She spoke about some of the programs that will be held this month. Commissioner Jacobs read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, as we begin our journey into the new millennium it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to the peace, welfare and progress of our County; and WHEREAS, the Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote that idea through the theme: "Building Bridges: From Tolerance to Acceptance'; and WHEREAS, the Human Relations Commission honors youth leaders, individuals and businesses who exemplify the ideals of justice and equality in the tradition of Dr. Pauli Murray with an award; and WHEREAS, the Orange County Human Rights and Relations Commission and Department have diligently served the County of Orange since 1995 are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim February 2003 as "HUMAN RELATIONS MONTH" in Orange County and challenge our citizens to celebrate multiculturalism in our county by encouraging citizens to embrace our diversity. THISTHE 4th DAY DF FEBRUARY, 2003. VOTE: UNANIMOUS c. Resolution of Support for "Ena Wilderness" Project The Board considered a resolution of support for the consideration of the "Ena Wilderness," a project by the N. C. Office of State Parks and the Eno River Association to acquire 815 acres of identified national heritage lands in eastern Orange County. Environment and Resource Conservation Director David Stancil said that back in 1989 Orange County conducted an inventory of natural areas and wildlife habitat. Among the 64 sites that were identified 14 years ago were same of the places along the Eno River. The State has acquired an option to purchase the property. Some monies have been committed. He introduced Lari Olsen, Executive Director of the Ena River Association. Lori Olson said that the Eno Wilderness project is 815 acres. It is half of a 1,600-acre ar greater tract. There are over two miles of river frontage on the Eno and there are already 5.4 miles of existing trails. There are three miles of intermittent streams. Commissioner Gordon read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION IN SUPPORT OF THE ENO WILDERNESS CAMPAIGN WHEREAS, Orange County has along-standing commitment to the preservation of natural and cultural resource lands; and WHEREAS, the County formalized this commitment in April 2000 with the creation of the Lands Legacy program; and WHEREAS, a priority of the Lands Legacy program is the partnership with and support of other agencies and non-profit conservation organizations toward the protection of critical resource lands; and WHEREAS, the property know as the "Dubose Tract" has long been recognized as an important site of natural resource significance, signified by its inclusion in the N.C. Natural Heritage program and its proximity to the Eno River and the Eno River State Park; and WHEREAS, the expansion of the Eno River State Park in this area is consistent with the park master plan and the Orange County Comprehensive Plan; and WHEREAS, the State of North Carolina and the Ena River Association have joined efforts to acquire the "Eno Wilderness", containing critical natural resource lands, and are seeking funds to acquire the site; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners endorses the Eno Wilderness project and the efforts of the N.C. State Parks and the Eno River Association toward that end. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners commends the grant submittals to the Clean Water Management Trust Fund and the Natural Heritage Trust Fund, and asks that those agencies look favorably on the acquisition of this land of Statewide natural resource importance. This, the 4t" day of February, 2003 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -none 7. PUBLIC HEARINGS a. Orange County Consolidated Housing Plan Update The Board received public comments regarding the housing and non-housing needs to be included in the 2003-2004 annual update of the consolidated housing plan for housing and community development programs, and proposed uses of 2002-2003 HOME funds. Housing and Community Development Director Tara Fikes said that in May 2000 a consolidated plan for these programs was developed and approved by the U. S. Department of Housing and Urban Development. Each year local communities are required to reassess the needs of the community. This public hearing provides the opportunity for citizens and organizations to provide input into the annual update. The public can also provide comment an the proposed use of approximately $851,000 in HOME funds that the County anticipates receiving this year. Eligible activities include property acquisition, new construction activities, housing rehabilitation, and rental assistance. The applications are due February 21St Jack Chestnut, Vice-Chair of the Advisory Board on Aging and a member of the Affordable Housing Advisory Board, spoke about a couple of projects planned for the Hillsborough area. The projects are for seniors 55 years and older. At least one person that lives in the home has to be 55. He said that he has attended two public hearings on these projects and expressed concern about the properties maintaining affordability and residents not being forced to move out. There is also talk about the projects using Orange Public Transportation for the seniors in these developments. He would like for the County to put some affordable housing in this area like Chapel Hill did in Meadowmont. He would like the County Commissioners to be more involved in these projects. Commissioner Halkiotis verified that these projects were on St. Mary's Road and Orange Grove Road. He asked how the County Commissioners could get involved. Jahn Link said that his staff would follow upon this. Commissioner Jacobs said that this is one good reason to look at the Orange Grove Road corridor study. Commissioner Gordan would like to see more detail on this because there is a consultant that is supposed to work on OPT. She said that OPT is very specific and it is not set up for something like this. Craig Benedict said that Hillsborough has informally said that a re-submittal has been made for the Orange Grove corridor. The Orange Grove corridor report will be coming forward at the February 17th meeting. Chris Moran, Executive Director of the Inter Faith Council, shared a report on hunger and homelessness in major cities. He said that there was a call to action for municipalities to end homelessness in the next 10 years. The Inter Faith Council and the Orange County Continuum of Care is suggesting that Orange County in its housing plan lift the moratorium on Section 8 and consider a county plan to end homelessness. He said that the report says that most cities attribute homelessness to a lack of affordable housing, mental illness and substance abuse and a lack of needed services, low paying jobs, and a significant unmet need for shelters. He made reference to the Continuum of Care and said that this means that there should be shelters, transitional housing opportunities for homeless individuals and families, and permanent housing with services. Robert Dowling from Orange Community Housing updated that they spent their HOME money from several years ago at Meadowmont. Last year they asked for $77,000 of HOME money and that has not been spent. This money is for two projects where they are partnering with private sector developers in Chapel Hill. After they complete Meadowmont they do not have a definitive project ahead of them. They have two potential development opportunities -one is Winmore, which is controversial, and the other is Bolin Creek Ca-housing, which would be homeownership. These two projects will come up for approval to the Carrboro Board of Aldermen in March. He supported Chris Moron's suggestion regarding homelessness. He said that there is clearly a need. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below with the correction sheet for the minutes added by Commissioner Gordon: a. Minutes The Board approved, with corrections as submitted by Commissioner Gordon, minutes from the following meetings: Nov. 11, 2002 work session; Nov. 21, 2002 joint meeting with the Town of Hillsborough; and, Nov. 25, 2002 joint quarterly public hearing with the Planning Board. b. Appointments None c. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved the requests to add Raineywood Drive, Silk Oaks Court, Sandalwood Drive, Crimson Court, Percussion Drive, and Stillwater Lane to the State Secondary Road Maintenance Program. d. North Carolina Martin Luther King, Jr. Commission Mini-grant The Board accepted on behalf of the Human Relations Commission, amini-grant in the amount of $1,500 from the North Carolina Martin Luther King, Jr. Commission and authorized the Chair to sign the "Grantee's Acceptance and Understanding." e. Memorandum of Agreement with Orange County Dispute Settlement Center for Animal Shelter Focus Groups This item was removed and placed at the end of the consent agenda for separate consideration. f. Lands Leaacy Annual Action Plan for FY 2003-2004 The Board adopted the revised Lands Legacy Annual Action Plan for fiscal years 2002-2003 and 2003-2004, and instructed the staff to proceed accordingly. g_ Chance in BOCC Reaular Meetina Schedule The Board amended its regular meeting schedule to add a work session Monday Feb. 24, 2003, 5:30 p.m., Government Services Center, 200 S. Cameron St., Hillsborough, and changing the starting time of the scheduled Feb. 26, 2003 work session from 7:30 p.m. to 5:30 p.m., Southern Human Services Center, 2501 Homestead Rd., Chapel Hill. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: e. Memorandum of Aareement with Oranae County Dispute Settlement Center for Animal Shelter Focus Groups The Board considered approving a memorandum of understanding with the Orange County Dispute Settlement Center, in the amount of $8,000, for planning and conducting focus groups to solicit input on the operation of the Orange County Animal Shelter. Commissioner Jacobs made reference to the contract for renewal with APS in the spring and asked if there have been any conversations about continuing the contract until the end of the calendar year or until the report is received. Health Director Rosemary Summers said that they have thought about this and the proposal is to extend the contract for a shorter period of time until the results of the assessment are ready. They have not yet determined a time period. It will probably be recommended on a quarterly basis. This would take the contract to the end of September. l0 A motion was made by Commissioner Jacobs, seconded by Chair Brown to approve the memorandum of agreement with the Dispute Settlement Center and to authorize the Chair to sign. In addition, the Board approved an appropriation of $8,000 from the Commissioners Contingency to cover the anticipated costs of the assessment. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Process for Acauirina Updated Aerial Photaaraphy and Digital Orthophotos The Board considered endorsing staff recommendations for acquiring updated aerial photography and digital orthophotos for use by the County's Geographical Information System (GIS}. John Link said that this is an excellent opportunity for the Board to piggyback on a contract with Chapel Hill for aerial photography. The most recent photography was five years ago. At that time, the County incurred the most costs. Rod Visser gave some historical background on this issue. The digital photography will cost approximately $40,000. The staff is just looking for conceptual approval at this point. Commissioner Halkiotis asked if it was done by flights or by satellite. Rod Visser said that it was done by airplanes at law altitude. All of the GIS information, with pictures, is available through the County's website. Roscoe Reeve gave a presentation showing GIS maps. Chair Brown asked about when it would be available on the website. Roscoe Reeve said that if it were approved for the budget this year, the photos themselves would be available by September 15t" A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to endorse the plans outlined in the agenda materials for acquiring updated aerial photography and digital orthophotos. An inter-local agreement between the County and Tawn of Chapel Hill covering the terms and costs of acquisition would be brought back for BOCC approval within the next several months. VOTE: UNANIMOUS b. Student Pooulatian ProiectionslSchools Adequate Public Facilities memorandum of Understanding Revision The Board discussed updated school student membership projections and an amendment recommended by the Town of Chapel Hill to the Schools Adequate Public Facilities Ordinance (SAPFO) memorandum of understanding adopted by the Board of Commissioners December 10, 2002. NOTE: This item was addressed by the Board after items 9c and 9d. Chair Brown asked why this was on the agenda tonight. Rod Visser explained that the first portion is that this is part of the SAPFO system that the County, the municipalities, and the school boards are in the process of implementing. Part of the process in the MOU is that every year the planners from the County and the Towns and representatives from the school systems get together and take the actual student membership numbers as of November 15t" each year and then run the numbers through the projection models. The average of the five models is used to produce a projected student membership at each school level within each of the two school systems for the next ten years. This becomes the foundation for all school capital planning for the next ten years. Rod Visser explained the second piece that the Board of County Commissioners are being asked to look at which is an amendment to the MOU for the Chapel Hill-Carrboro School System. This MOU included same language about the Town of Carrboro and the Town of Chapel Hill would like this same language. The language is that the towns wanted to emphasize that they wanted to be a partner, but they also expected that the County would adequately fund the capital investment plan that underlies this. The amendment would make the language applicable to the Town of Chapel Hill and to the Town of Carrboro. Rod Visser summarized the charts. He made reference to the Results of Student Population for Orange County Schools and said that Orange County Schools are looking for a site for a middle school. The MOU adopted in December suspends the certificate of adequate facilities process in the Orange County Schools. There are no capacity issues in the elementary and high school levels in the foreseeable future. 11 Regarding the Chapel Hill-Carrboro School System, they are trying to site a third high school. Recently, the school board determined that they needed to open a new high school in fall of 2006 rather than fall of 2005 that had been discussed previously. Regarding the elementary school level, Elementary #9 is slated to come on board in August 2003, sa there are no capacity issues. Also, Elementary #10 is slated for about three to four years later. The middle school level is in good shape for the next five to six years. In the high school level, they are approaching capacity limits and there is a two-year period that there are more students in the system than the process permits. Commissioner Gordon said that in the information that was given out, there could be a potential moratorium. All along it has been said that we would not start with a situation that would lead to a moratorium. She asked about the staff recommendation far the CHCCS high school level since it is coming on board a year later. Jahn Link said that as is relates to the CIP, the County Commissioners have the funding in place to fund both the middle school in Orange County Schools and the high school and Elementary #10 in the Chapel Hill-Carrboro City Schools. It is not a question of funding being available but how to address expanding high school space. One alternative is to build a 1,000-student high school to come online in 2006. From a capital improvement plan perspective, the County Commissioners are not requiring a new high school to be built. Another option is to expand the present high school. He pointed out that the decision should be made as quickly as possible. Geoff Gledhill said that there is a difference between the OCS and the CHCCS and that is that the middle school level is over capacity in the OCS and only with projections is the CHCCS high school over capacity. There is not a de facto moratorium if you started the SAPFO in the CHCCS like there would be in the OCS. Commissioner Gordon made reference to the annual student growth rate and asked that the change from year to year be included with the percentage. She would also like to see the school-by- school information. She also said that the use of different colors besides red and pink would make the graphs easier to read. Commissioner Jacobs asked if the projections have been taken and projected backwards to see if they squared with what actually happened. Craig Benedict said that they analyzed last year against what actually happened with about five different projections and there was no best-fit projection model. He said that tonight na numbers would be certified. This is a preliminary look at the numbers, asking the County Commissioners for some research direction. Commissioner Jacobs would like to take the projections back a year or two and see what actually happened. Chair Brown asked to see other scenarios to accommodate the high school overcrowding in the CHCCS. She said that one flaw in this whole thing is that our Board can project the money, but the school system started their search over a year ago and there is not yet a site and there is nothing we can do about that. Geoff Gledhill said that if this program ever gets up and running, there is a lot of urgency to avoid this. If there were a delay, then there would be short-term moratoria on permitting additional development until the delay is resolved. No action was taken on this item. c. Legal Advertisement for February 24, 2003 Quarterly Public Hearing The Board considered authorizing the legal advertisement for the scheduled February 24, 2004 quarterly public hearing. Craig Benedict summarized the information in the agenda. The zoning text amendments proposed for the public hearing include establishing outdoor lighting standards for public and private property, increasing the ability to use soil and water maps for stream buffers, and new enforcement procedures that will provide better notification for subdivisions. Commissioner Jacobs asked about #2 and if it was in response to a citizens' concern that he had passed along. Craig Benedict said yes. He said that if there is a stream there and it is not shown on the map, then it could be added to the map. Commissioner Jacobs asked about the outdoor lighting standards and if language would be added about signage far subdivisions and the discouragement of lighting of subdivision signs. Craig 12 Benedict said that part of the process is to make sure that the lighting meets the standards of no light spill, etc. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the proposed February 24, 2003 Quarterly Public Hearing legal advertisement. VOTE: UNANIMOUS d. Purchase of Replacement Workstations in 9-1-1 The Board considered authorizing the purchase of nine workstations, two servers, software, installation and related costs, in the amount of $88,685, to upgrade workstations in the 9-1-1 center and Sheriff's office. Rod Visser said that a lot of the equipment is old and there have been failing of monitors and other equipment. The staff is recommending that the Board approve an appropriation from fund balance in the Emergency Telephone System Fund that is derived from the .50 per month subscriber charges to pay for the upgrades of the equipment listed in the abstract. Commissioner Halkiotis made reference to the four young men that drowned in Long Island Sound in a rowboat after making a cell phone call that no one could trace. The program he saw exposed enhanced 9-1-1 fees across the country that have been collected from telephone bills that were being used for things that had nothing to do with public safety. He thinks it is important to assure the public that the .50 charge every month is being used properly. He asked if the upgrades give us the opportunity to trace cell phone calls. Rod Visser explained that the .50 goes for the land based system. There is a second pool of money, which is .80 per month that applies to every cell phone. This money is going into the statewide 9-1-1 fund and it is designed to improve 9-1-1 services to cell phones. EMS Director Nick Waters said that BellSouth upgraded their systems yesterday to start receiving the information to trace cell phones. Commissioner Halkiotis asked when Sprint plans to do this. Nick Waters said that he would research and get back with this information. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to authorize the Purchasing Director to accomplish all administrative steps and execute all paperwork associated with the purchase of these workstation upgrades for the 9-1-1 Center and the Sheriff's Office, using an appropriation of fund balance from the Emergency Telephone System Fund. VOTE: UNANIMOUS 10. REPORTS -none 11. APPOINTMENTS -none 12. MINUTES -none 13. CLOSED SESSION -Wane 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board 13