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HomeMy WebLinkAboutMinutes - 20030527APPROVED 08/19/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING AGENDA May 27, 2003 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session for a public hearing on Tuesday, May 27, 2003 at 7:00 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and members Crauford Goodwin, Barry Katz, Sam Lasris, Renee Price, Noah Ranells, and Ted Triebel PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray and members Jay Bryan, Howard McAdams, Rachel Preston, and Maria Tadd NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE A. 1. OPENING REMARKS FROM THE CHAIR Chair Brown said that Commissioner Carey could not be in attendance. She stated the reasons for the public hearing. There are two school items and three planning items. A. 2. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. B. SCHOOLS ITEM 1. Proposed Third High School In The Chapel Hill-Carrboro Schools System John Link gave a summary of the major elements of the process that they have gone through in looking at providing high school space far the Chapel Hill-Carrboro City School system {CHCCS}. In spring of 2001, the Capital Needs Task Force made recommendations to the Board of County Commissioners that there was a need for two elementary schools in the CHCCS. One school is being built at Meadowmant and the other one is Elementary School #10. Since that time and since the voters approved the bands in 2001, the CHCCS board has identified alternatives for high school space. The school board is proposing the site at Rock Haven Road. Because the voters did vote on funding for elementary schools with the bonds, then this public hearing is to hear comments on transferring the $12.8 million from Elementary School #10 to High School #3. He said that the County staff looks at it as an entire package and how to finance as many schools and address the Schools Adequate Public Facilities Ordinance as efficiently as possible and stay within the County's debt requirements. There are five elements in considering this proposal, as follows: 1. There is need far additional high school space based on projections of future student membership 2. Comparison of CHCCS High School #3 scenarios 3. April 24, 2003 CHCCS presentation on funding High School #3 4. Unfunded County and Schools capital needs for 2003-2013 5. Constraints on County borrowing Budget Director Donna Dean explained why there is a need for a third high school based on student projections. According to projections, by 2004-2005, the district will surpass the 110°~ level of service. The addition of the 1,000-student high school that CHCCS has proposed is reflected in 2006-2007, which will bring the number of available seats to 4,035 with a level of service at 4,439. Assistant County Manager Rad Visser spoke about the Rack Haven Raad site and compared it to the Orange County school construction standard model. The Board of County Commissioners is basing its funding decisions on this model. He said that the County Commissioners adopted school construction standards in 1999 for high schools. This occurred following a recommendation from a task force comprised of representatives of the County Commissioners and the two school boards. The total square foot range for a 1,000-student high school is from 151,000-182,000 square feet. The bottom line cost ranges from $24.7-29.9 million. The total price tag for this site is $33.8 million. The school system is contemplating an off-site athletic facility, which would be an additional $660,000. Donna Dean spoke about moving the bond funds from Elementary School #10 to High School #3. The total funding from the original scenario was $27.8 million. The CHCCS is recommending that the County consider borrowing an additional $6 million for High School #3. John Link said that the County also has other unfunded needs that it must fund - Elementary School #10, a new central office far the CHCCS, renovations at Hillsborough Elementary School (Orange County Schools},anew animal shelter, renovations at the Northern Human Services Center, and the 9-1-1 communications plan. The Board of County Commissioners indicated that at some point during the 2006-2007 fiscal year, the County would not be able to address these unfunded projects without making some hard decisions. Rod Visser spoke about the County's debt capacity. The County Commissioners' approved debt management policy from May 1998 states that the County will strive to spend no mare than 15°~ of its general fund expenditures in any given year to retire debt on previously issued bonds, alternative financing, etc. Orange County has an excellent bond rating. This benefits all taxpayers. He said that the additional $6 million would not cause the County's projected expenditures to ga above the 15°l0 level. However, with all of the additional unfunded needs, including the additional $6 million far the Rock Haven proposal as submitted by the CHCCS Board, it becomes a problem. John Link said that in summary the staff recommends that the County Commissioners begin making decisions as part of the 2003-2004 budget deliberations, which will start on June 10th. Commissioner Jacobs said that this is an unusual circumstance because we do not usually change one bond and put it into another use. He said that this is an opportunity for people who might live proximate to the proposed site of the high school to make comments on how the school might affect their neighborhood. He said that there is no process at this time that formally includes this opportunity for citizens to address school siting. Commissioner Gordon wanted to make it clear that the "County Funding Scenario" is from the Orange County staff and their recommendation is approximately $27.8 million for this project. She said that the difference of the proposal from the standards is $4 million and the difference from the County's proposal $6 million. Chair Brown asked about the funding difference between the $27.8 million and the proposal from the school system and when the lapse occurred. Rod Visser said that the main consideration is that the site acquisition is much higher than the standards. Donna Dean said that site development and site acquisition were the areas that affect the cost the most. Chair Brown asked what it is about this site that would make the site development cost so much. Rod Visser said that the topography is not very level and there are large amounts of rock that may become a problem. Chair Brown asked for a comment on the land acquisition. The high school standards allow far $1.5 million for the purchase of land. Jahn Link said that there is a possibility that one of the sellers may not be willing to sell, which may require execution of imminent domain. Chair Brown asked for an explanation of pay-as-you-go funds. Rod Visser said that it is basically a stream of revenue that is received on an ongoing basis. This money is earmarked for either school or County capital projects. The main source of pay-as-you-go funding in the County is revenue that comes from the first two 'h cent sales taxes that were levied. Chair Brown asked about pay-as-you-go funding far schools and how it could be used. Rod Visser said that this money goes far long-range capital needs. The biggest ticket item is construction of new schools. It can also go for debt financing, retiring bonds, and renovations. Public Comment Terri Tyson is a mother of four children (triplets plus one) who will be entering high school within the next five years. She asked the Board of County Commissioners to build a third high school as soon as possible. She said that the Rock Haven Road site is clearly the best that has been identified. She is an immediate neighbor of East Chapel Hill High School. She feels it is very important that the next high school be built in the southern part of the district. She does not want her children or anyone else's to attend an overcrowded school. She said that if a smaller high school is built, the cast per seat will be much higher and capacity will be exceeded sooner. She asked for full funding for the third high school. Joseph Burgo lives in Southern Village in Chapel Hill and asked the County Commissioners to reallocate funding from Elementary School #10 to High School #3. He supports siting the high school on Rock Haven Road. He said that if the high school were not sited in the south, then all of the students in the south would be bussed to the north. Rolf Glover said that his family is the owner of the 50 acres, which is the largest parcel that comprises the Rock Haven Road site. He said that in the middle of last year, they signed a contract to sell this land to a developer for $3 million, and the school board appraised it for $1.6 million. The contract was terminated when the school board voted to seek the County Commissioners' permission to acquire the land under the rationale that the developer could not recoup their costs of trying to get a zoning change if the land was condemned. It is his family's feeling that the $3 million value is the true value of this land. He said that the school board based their value on an appraisal that they had done and his family feels that this appraisal is seriously flawed. He said that the appraisal uses three comparable purchases, all of which are located around the Eubanks Road site. He said that the school board is basing their appraisal on the nation that their land is not suited for ahigh-density development. He said that a high school is a very high-density development. For these reasons, they feel that this land is worth about $3 million and they intend to do whatever they can to get this amount for the land. Marty Mandel is a resident of Carrboro and she is opposed to the Rock Haven site. She said that this site will teach students that it is okay to condemn land and take it for a new high school that would run possibly millions over budget, that it is okay to cut trees and level land far hundreds of new parking places that add more traffic and more exhaust, and that it is okay to build a Schaal site an an area that is partly in the watershed. She is a former teacher and she finds this position unconscionable and unethical. She thinks that the two existing high schools should be expanded on a temporary basis for the proposed new students, and the Lincoln Center should be considered. She said that the CHCCS Board should absolutely be required to stay within budget. She said that before choosing a new site for a high school, the school board and the County should study future school needs that include the northern transition areas and the possibility of merger with the Orange County Schools. She said that existing schools needed improved and repaired. She would like to have all schools pedestrian and bicycle accessible. She said that public transportation should be of primary focus. Kathy Tawney was representing an endorsement by the Mary Scroggs Elementary School Parent Advisory Committee. She read a prepared statement. This committee strongly supports the decision to locate the third high school in the southern part of the district as recommended by the CHCCS district and the Board of Education. She said that putting the high school in the part of the district where it is needed and cutting down on travel risks far the children, transportation costs, and environmental impact seems to outweigh the immediate short-term expense involved in purchasing this site. She asked if there was any discussion about a type of urban school and the new nea-traditional high schools that she has heard at the Town Council meetings. Also, she would like the County Commissioners to recognize that there was discussion about increasing development in the southern part of the district if the school is not there. The land that is designated as a possible site will be used for development. This is another stress added to the need for a high school. She made reference to the comment about condemning land and being an example. She said that land was condemned to build highways towards Pittsboro recently. She does not think that this request is a bad example since the Town has already done it. She reinforced the commitment for physical activity. She said that by putting children on school buses, their time is limited to be physically active. Etta Pisano asked the County Commissioners to fund the site as requested by the CHCCS Board on the Rock Haven Road site. She said that this would save lots of time and cars and would help the environment. She said that it is the strong feeling in the community that the school should be big enough to serve the needs beyond atwo-year limit. She said that the money should be moved from Elementary School #10 to High School #3 because they made a mistake when they voted for the bond and they should have voted for a high school instead of an elementary school. She pointed out that the Orange County 1999 construction standards were not realistic. She said that these standards were exceeded at Cedar Ridge. She said that this is a tough jab for the County Commissioners, but that they should be able to find the money. She does not understand why it costs $425,000 to plan an animal shelter and another $2 million to build it. She said that she is willing to have her taxes raised. She thinks the Manager's recommended budget is conservative. She also thinks that the debt limit could be raised to avoid cutting services. Michael Kelly is a citizen of Chapel Hill. He said that he will not be sending his children to this school, but the CHCCS Board has made a clear and compelling argument to have the third high school in the southern part of the county. He said that the two existing high schools could not be expanded without compromising the quality of education that is delivered. The population of Chapel Hill and Orange County supported bands for educational needs and this is one of them. He pointed out that the most responsible way of decreasing the needs far transportation for a high school is to place the high school closest to the students. He made reference to the graph an the debt limit and asked if it included all debt or only debt that was currently due. Rod Visser said that the $113 million that he referred to is phased in over asix-year period, through 2007-2008. Matthew Barton said that he was once on a bond committee and it was made clear to them that the financing for educational needs would not be met by that one bond. He tried to estimate how much extra mileage would be driven if the school were to be sited on Eubanks Road as opposed to Rock Haven Road. He distributed the handout with the estimate to the County Commissioners. Using an approximation of 3.5 extra miles each way to get to the Eubanks Road site, the estimate was 714,000 miles of extra driving in the year. He estimated that 600 students would be riding the bus out of the 1,000. The estimated cost of the extra mileage would be $176,000 per year. He spoke in favor of the Rock Haven Road site and asked the County Commissioners to approve the proposal by the CHCCS Board. Judy Margolis submitted a petition of over 500 people to support the purchase of the Rock Haven Road site for the third high school. She read the petition. The petition asks the County Commissioners to vote to fully fund the Rock Haven Road site. She said that she has been on the Eubanks Road school/park site and that there is not room there to build a high school because it is steep, rocky, and is broken up by stream buffers. There would be substantial site development costs including water and sewer. She made reference to the Glover land estimate of $3 million and said that this was based on this land being rezoned by Carrboro. She said that she has heard that Carrboro had no intention of rezoning this land, so it changes the value of this land. She read same comments off of the petition and said that people are very passionate about this. Bobby Clapp said that it seems to him that there are three variables -timing, facilities and location. The longer we wait on the location, the more overcrowded the current high schools are going to get and the longer we wring our hands over facilities, the less likely we are to get a good location. He thinks that there is same urgency to address the proposal. He is a parent of three children in the CHCCS. He has no objections to shifting the bond money. He thinks that the school should be funded at the level requested. He said that he is disappointed that the Rock Haven site does not have the land capacity for the facilities that should be attached to a high school, but he thinks we should move forward in a cooperative manner. He said that he is concerned as this goes forward that the Board of County Commissioners and the school board work in a partnership. He hopes that this does not become a merger issue. He thinks the issue at hand is the immediate need to plan for short-term spaces and high school spaces for the CHCCS. Cynthia Wheaton lives in southern Orange County and has two children in the fourth and sixth grade. She has been following this issue for about a year and a half. She fully supports the school board's recommendation fora 1,000-student capacity high school on Rock Haven Road. She made reference to the budget comparisons that the staff showed earlier. She made reference to the "total estimated cast" and she is concerned that an the "land" line on the Eubanks Road site there is a zero. She understands that this land has been purchased, but she thinks that to put a zero there causes confusion in comparing the overall cost. She said that this is a personal issue far her because of the extra mileage if her children went to Chapel Hill High Schaal. She said that she also represents people that could not be at the meeting tonight. She said that these families are going to benefit from a site on Rock Haven Road because their children will get to spend mare time at home. She supports moving the money from Elementary School #10 to High School #3. Terence Lang spoke in support of locating the third high school in the southern part of the district. He concentrated on the issue of safety and teenage driving. He quoted the statistic that every year there are approximately two million driving accidents involving teenagers resulting in 6,000 deaths. Drivers between the ages of 16-19 years old have the highest crash rate relative to all other age groups, including the elderly. He quoted several other statistics about teenage driving. He said that placing a high school away from where the students are located would add to the number of miles that inexperienced drivers would drive. Jim Ross made reference to the zero line item for the acquisition costs for the Eubanks Road site. He said that if the high school is built on Rock Haven then the County could sell the Eubanks Road site or use it for same other purpose. He asked that this be accounted for in the cost structure as a real cost for the Eubanks Road site. He said that there are amortization costs -bus casts, insurance, gas, and asked if this has been figured into the bar graph. He said that the existing contract has been dropped on Rock Haven Road, but it was going to be a 264 multi-family unit building with 850 parking spaces and 500,000 square feet of impervious surface. He said that he would never pick the Eubanks Road site for a high school because it is in the wrong place. He said that the County only wants to use it because it owns the land. Karen Kingsholver asked if the elected officials were aware how many of the citizens in the south end of town feel strongly about having a high school located in this area. They know that the Rock Haven Road site is their last resort. She urged the County Commissioners to consider this site. Deborah Love said that she supports the Rock Haven Road site. She said that her child would be out of school by the time this will be built. She has to drive 45 minutes round trip to take her child to school. She agrees that kids should be traveling to schools by foot or bike ar public transportation and this is not available with the Eubanks Road site. She expressed appreciation to the school board and administration for the way in which they have involved the community in this decision. Commissioner Gordon entered into the record a letter from Chapel Hill High School Governance Committee, which urges the Board of Commissioners to support the Rock Haven Road site as proposed by the CHCCS Board. C. PUBLIC HEARING ITEMS -Chaired By Planning Board Vice Chair Hunter Schofield Orange County Zoning Ordinance Text Amendments a. Amend Articles 8, 12, 14, 21, 22, and Table of Contents and other related articles to define and regulate the open burning of trees, limbs, stumps and construction debris associated with permitted activity. Planning Director Craig Benedict made this presentation. The first item has to do with enabling legislation to be able to restrict open burning when it has to do with development activity. Types of development that could be regulated include major and minor subdivisions, zoning compliance far building permits, and land disturbing activities requiring Erosion Control approvals. Development not regulated includes activities relating to bona fide farms, approved forestry management plans, and burning of domestically produced yard debris by private homeownersltenants. Commissioner Jacobs asked County Attorney Geof Gledhill about the definition of bona fide farm and if it was the same definition that the State uses or if there was some leeway. Geof Gledhill said that the enabling legislation has a definition for bona fide farms. The special legislation that Orange County received to allow it to regulate open burning in the permitting of developments includes things that are not in the definition of bona fide farms such as horticulture and silviculture. Counties do not have the flexibility to redefine the terms. Commissioner Jacobs asked about the way in which the references to the burning and the disposition of construction debris are mentioned. He asked why we would not mention that there is a recyclable materials recovery ordinance each time we mention construction debris, because it regulates how the debris is supposed to be disposed of. Craig Benedict said that he would work with Geof Gledhill to see if it can be incorporated. He said that this is for land use and not solid waste and he will try and cross-reference this. Chair Brown said that she is unclear about bona fide farms and if it has anything to do with the tax valuation of property and Geof Gledhill said no. He said that the definition of use value taxation where the use value is based on farm is not the same definition as bona fide farm and the prohibition against counties regulating through zoning regulations bona fide farms. There will be some farms qualified under each and they are only coincidentally related to each other. A motion was made by Cammissianer Jacobs, seconded by Commissioner Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS 2. Orange County Subdivision Regulations Text Amendments a. Amend Sections II, IV and other related sections to define and regulate the open burning of trees, limbs, stumps and construction debris associated with the development of subdivisions. This item was addressed above. b. Amend Section IV-B-10. Flexible Development -Section C, Open Space Standards to require that at least 75°I° of residential lots in a proposed development be contiguous an ane or more sides to the system of open space. Craig Benedict said that this is a requested amendment to the subdivision requirements related to flexible development. Presently, the requirement for open space is 33°~ if the flexible development option is used. The proposed amendment is an effort to explain more about the functionality of the open space and the characteristics of it. He gave some examples of subdivisions in the County and the configuration of the open space. The intention is not to reduce the amount of lots, but to increase the accessibility of the open space. Commissioner Gordon asked about the 50-foot easement. Craig Benedict said that this would just be open space and a 50-foot corridor would make the open space accessible and would not encroach upon the adjacent properties. Commissioner Gordon asked how big the path would be. Craig Benedict said that this is not a requirement for a path to be put in. Commissioner Gordon pointed out that the language says "pedestrian access paths". Craig Benedict said that this language could be changed. The subdivision applicant will decide, with direction, what the 50-foot area should look like. Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet Commissioner Jacobs said that this is an improvement to the open space provisions. He suggested an page 11 - C2 -Open Space Functionality, "maintenance of wildlife habitat." He also suggested putting some of the language in more understandable terms for the public. Hunter Schofield said that some high-density developments such as affordable housing might came into conflict with these amendments. He said that we might need to look at how we use our open space standards to help or hinder some other County priorities. Renee Price asked about the setback requirements and open space and the impact it would have on lower and moderate-income housing. Craig Benedict said that they would accent this about the impacts as they move forward. He said that in some cases the open space adds to the value of the lots and it also supports clustering lots and could make them more affordable. Richmond Hills in Efland is a good example of affordable housing and open space working together. Craufurd Goodwin asked about open space in primary conservation areas and if it was open to the general public. Craig Benedict said that there is no mandate for it to be open to the general public. If it is a primary conservation area and it is dedicated to the public, this will be determined during the subdivision process. Commissioner Gordon asked about the 300 feet or less from the open space access point and 600 feet or less. She asked Craig Benedict how he came up with these numbers. Craig Benedict said they looked at existing subdivisions over the last four years and which ones had good access and ones that were not meeting the goal of connectivity. He said that they would elaborate more on some of the examples of the standards. Commissioner Gordon just wants the staff to think about it and what it means. Commissioner Jacobs said that since the 300-foot and the 600-foot standards are arbitrary numbers based on previous experience, he suggested having some flexibility without sacrificing the intent. Craig Benedict agreed that flexibility is important. Public Comment -none A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Manager's recommendation to refer the proposed amendments to the Planning Board far a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS c. Amend Section IV-B-3. Streets, IV-B-3-b to require that major subdivisions have access on a paved public road. Craig Benedict said that this amendment has to do with major subdivisions that are five lots or more, having access to a paved road and not just a dirt road. This would not be affectinc the small subdivisions. He said that sometimes major subdivisions encroach upon a rural area that is not prepared for development. This provision would say that the major subdivision does not go forward until the right-of-way is available. Public Comment -none A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to accept the Manager's recommendation to refer the proposed amendments to the Planning Board far a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS 3. Orange County Erosion and Sedimentation Control Ordinance Regulations Text Amendments a. Amend Sections 3, 6, 6.1, and 7 and other related sections to define and regulate the open burning of trees, limbs, stumps and construction debris associated with permitted activity. This item was addressed above. 4. Orange County Telecommunications Plan a. Article 6.18.5, Master Telecommunications Plan ("Plan"), of the Orange County Zoning Ordinance allows for the development of a "Master Telecommunications Plan." A tower may be constructed upon issuance of a building permit and after meeting Zoning Ordinance requirements for construction of telecommunications towers. Providers electing to participate in the Plan shall submit required information and filing fee to the County for review by a contracted consultant to verify site necessity. Modifications to the Plan will be considered annually in February of each year. Applications to participate in the Plan are due prior to December 15 of each year. Withdrawals from the Plan are allowed upon notification to the County. Craig Benedict said that this has to do with telecommunications tower regulations. There have been some changes to the class A and class B requirements far towers and to the notification requirements. The purpose of the Master Telecommunications Plan (MTP) is to develop a public safety network to enhance the communication ability of the County and the public service providers. The MTP would allow the public to participate in a pre- identification process to offer their site to allow a tower to come on their property. This proposal is to allow pre-identified sites to be put on the map. It does not mean that towers will definitely go on the sites, but that the sites are possible locations far towers. There is no special interest to these sites and these sites will still have to go through the same public hearing process as other sites. The list also includes some potential tower sites owned by the County. There have been about 20 private property owners who have expressed interest in allowing their properties to be used as well as OWASA and several voluntary agriculture districts. He said that the MTP would work in conjunction with the existing telecommunications ordinance. As the MTP is adopted, it can be amended each year. Commissioner Jacobs asked haw many cell tower applications were pending and Craig Benedict said three by AT&T Wireless. One is in Bingham Township near Bradshaw Quarry Road, one is in Cedar Grove Township near Pentecost Road, and the third is off Lake Orange Road. Commissioner Jacobs asked about the going rate far a private property owner that has a tower on their land. Craig Benedict said that it is very unique. Some information is proprietary, where the applicant does not want their competitors to know how much they are paying for leasing. There is a potential revenue stream for the County by using County owned sites for towers. Commissioner Jacobs said that he understands that there is no procedural advantage for these properties compared to other undesignated sites, but having a map with sites implies that the sites are preferred. He is concerned that there should be a clear component that the County does not encourage cell towers where they have an adverse visual impact on an identified natural area, recreational facility, or historic site. He would like to have a different version of the map that identified those kinds of sites in a different color to see if he wanted to keep them on this map. Craig Benedict said that they have narrowed dawn some sites that are environmentally sensitive, etc. Commissioner Jacobs would still like to see the color-coded map. Commissioner Jacobs said that he is very supportive of having voluntary agriculture districts be put on this map. He also knows that the owner can withdraw from being a voluntary agriculture district with practically no notice, and there might need to be some kind of arrangement with the Agricultural Preservation Board to make the voluntary agriculture districts in the MTP a little more concrete. Noah Ranells agreed with Commissioner Jacobs about the voluntary agriculture districts. He said that this might be a good time to promote voluntary agriculture districts to let farmers know that there is some benefit. Commissioner Halkiotis said that the CHCCS has located a cell tower on the athletic field lighting at Culbreth Middle School. He suggested asking the school system what they are receiving as compensation. He made reference to the tower in Efland that is red and he asked about the regulations for color. Craig Benedict said that there is review for tower color and design. He said that with the new regulations, tower attachments are encouraged on power transmission poles. Public Comment: Elizabeth Walters said that, as a member of the Farmland Preservation Board, she supports the MTP to allow towers on farms in voluntary agriculture districts. She said that she and her husband support this part of the plan. She said that, although a tower will probably never be built on their farm, a tower is needed in the northern part of the County. She has spoken to a few farmers that have a tower on their farm and they say that the money helps them hold onto their farms and continue to farm. She urged the County Commissioners to support the MTP. Bob Strayhorn is a farmer on New Hope Church Road and has a tower on his farm. He said that they considered putting the tower on their farm because they would do anything to keep from having to sell their land. He said that it is not the golden goose, but it is better than his social security. He said that the voluntary agriculture district does not offer alot except for a commitment to the people that own the land that it will not be sold for subdivisions. He has always thought that if there was a little more to offer people in the voluntary agriculture districts that mare people would sign up. He said that they involved every neighbor on their road in considering the tower and no one objected to it and he let them pick the site. He spoke in support of the MTP. Joyce Garrett said that it is critical to maintain an environment where people can get away from everything and see something that is not manmade. There are a lot of towers and already present elevated structures (telecommunication towers, water towers, electrical pales, etc.). She would like to encourage the telecommunication industry to use existing structures. She was under the impression that this map deemed these sites as already approved and would not necessitate notice to the adjoining landowners or to the public. She thinks that cell towers have a larger area that is affected than 1,000 feet. She asked that the area of notification be broadened. She thinks that towers need to be placed away from primary residences because of the adverse affects on the young and the elderly. She would like for there to be consideration of natural habitat and the flight pattern of birds, etc. in reviewing the towers. She thinks that the diagrams are hard to understand on the map and there needs to be clear identification for adjacent property owners. Noah Ranells pointed out to the County Commissioners that if they were interested in promoting agriculture, it would be much nicer far farmers to see their sites listed with the sites for consideration rather than OWASA ar Duke Power. Craig Benedict said that he has noted all of the comments and they can be addressed as the public hearing proceeds to the Planning Board and back to the County Commissioners. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to forward this item to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2443. VOTE: UNANIMOUS A motion was made by Commissioner Barry Jacobs and seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS 5. ADJOURNMENT With na further items to discuss, a motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 9:45 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board