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HomeMy WebLinkAboutMinutes - 20030603APPROVED 08!1912003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS June 3, 2003 The Orange County Board of Commissioners met for regular session on Tuesday, June 3, 2003 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissianers 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 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Jacobs suggested that they move the Maple View soccer field item to the beginning of the decision agenda since the Nutter's were in attendance. The Board agreed to this. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Jack Chestnut, Vice-Chair of the Advisory Board on Aging, gave an update on the forums for the senior centers. There have been six forums and they are going very well. The attendance has been good. There are two more forums -one at the Chapel Hill Senior Center at 6:30 p.m. on June 4t" and they are hoping to attract some of the "baby boomers" and at the Central Orange Senior Center at 6:30 p.m. on June 5t". Once they complete the forums, they plan to have forums with different agencies {health care providers, etc.} and work on a report in August. They hope to have the report completed and a steering committee formed by September. He said that there have been concerns at the Northside Senior Center of losing cohesiveness there at their "club". They have invited members of Northside to be a part of the steering committees. Jim Dooley from the Hillsborough-Orange County Chamber of Commerce and Hillsborough Hog Day brought tokens of appreciation to the Board of County Commissioners far their support of Hag Day. The dates for Hog Day are Friday, June 20t" and Saturday, June 21St. The shuttle buses provided by Orange Public Transportation are no charge. Margaret Connell, Executive Director of Hillsborough/Orange County Chamber of Commerce, spoke and said that they would be charging a mere $1.00 donation to hear the bands. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis said that he, Commissioner Jacobs, Pam Jones, and John Link met with the judges and the Sheriff about the justice facilities expansion. He said that the County has needs besides the school systems and there are space issues that need to be addressed. Commissioner Halkiotis said that he received a phone call from a concerned citizen in the car towing business and feels that there may be some negative spillage taking place because of the County's actions in the Hoyle King matter. This citizen wanted the County Commissioners to know that he is a responsible businessperson and stares vehicles that he tows for the highway patrol and other law enforcement agencies in an appropriate manner. The citizen is interested in being part of a study group to look at the issue of stored automobiles and trucks and to look at the issue in a positive way. He said that the majority of the people in this business are responsible people. Commissioner Gordon said that the Triangle J Council of Delegates was moving to another place in the Imperial Center. She had a map of where the new office is. Commissioner Gordon said that on May 22°d the CHATPEC met for the last time. The recommendation for the 100 acres of recreation is for 1I3 of the area to be active recreation and 213 to be low-impact recreation. For the 60 acres of the educational campus, the area is divided by drainage areas and one of the largest pieces is for a middle and an elementary school. The rest will have the athletic facilities for the schools. Another piece is 20 acres and is also divided by a drainage area. An elementary school could fit there, with an undesignated facility (possibly pre-K). Commissioner Gordon said that TTA is recommending that the Hillsborough to Duke service be eliminated, saving TTA $67,000. She has asked for the Manager to instruct OPT to work on a recommendation for this route so that it can be continued. She noted that the Chapel Hill Herald wrote a story about the route after their reporter, Rob Sheppard, rode the bus. The newspaper suggested that TTA not cut the route. Commissioner Jacobs said that he saw an article with ridership figures and that ridership is low in North Raleigh. He recalls that TTA is buying right-of-way in northern Raleigh and he wonders why they are not purchasing right-of-way to ga from Durham to Chapel Hill. He does not understand why Orange County would continue to fund TTA to build facilities in other counties when they are cutting the very few services that are in Orange County. Commissioner Gordon said that at the last TTA meeting, she told the whole TTA board that was Orange County's position. Wake County thinks they will increase their ridership. She said that she told them that the Board of County Commissioners felt very strongly about keeping this route. She explained TTA's major revenue sources. Over $4 million comes from vehicle registration taxes and then $7.5 million comes from rental car fees that goes directly to the rail. She thinks that the Board needs to give a more definitive statement on this issue. Commissioner Jacobs asked Commissioner Gordon to work up a resolution about the bus route and that Orange County is giving TTA money and getting nothing in return. Commissioner Gordon agreed to do this. Commissioner Jacobs reported on an event at Eno River State Park that he attended, which was a press event and tour of the Eno Wilderness. This is similar to the Seven Mile Creek Area. The funding depends on state revenue streams from trust funds and the State House has cut a lot of these funds. The funding for this property needs to be achieved by the end of this calendar year in order to exercise the option. Commissioner Jacobs said that he attended a meeting for the Rural Transportation Planning Organization that includes Lee, Moore, Chatham, and Orange Counties. They have agreed to meet every other month. He suggested that they think in terms of homeland security and evacuations for the RPO charge. Commissioner Jacobs reminded the Board of a memo from back in April about a proposed Orange County- University of North Carolina tour of Orange County. There has been no response from the Board and the Board needs to choose a date. Commissioner Jacobs said that in January he asked for some information about conflict of interest and how to strengthen the standards. He would like someone to work on this over the summer. Also, there was supposed to be FAQ for the SAPFO and a Citizen's Guide to the planning process. He would like a status report on these. Commissioner Jacobs said that he would like an expert in ornithology to look at proposed cell tower sites to see if they were in direct migration flight paths. This was not mentioned at the public hearing, but the public hearing is still open, so this will still be part of the official record. Commissioner Carey reported that the Needs Assessment Committee for the Durham Tech satellite campus met and the group is now ready for public input by having focus groups on the proposed curriculum. He encouraged the citizens to attend the focus groups. He hopes to have one meeting on the location of the site before the summer break. 2 Commissioner Carey said that he was invited to the STAR plant award ceremony at the G.E. plant in Mebane because of their outstanding achievement in safety. They were selected from 150 companies nationwide and there is a culture of safety at this plant. Chair Brown reported that the Intergovernmental Parks Work Group met last week and that they had representation by all municipalities and Duke Forest and there were two presentations -one an the Morgan Creek watershed and one on the historic house near the Eno River that will be open to the public. Chair Brown said that she and the Manager met today with other interested parties for affordable housing. This meeting reinforced the energies and the vision for affordable housing in Orange County. Commissioner Halkiotis said that there is a continuous need to reeducate the entire populace on what Orange County does for affordable hauling. He said that on the County website, there should be a historical piece that deals with affordable housing efforts in the County and all the bond referenda. Chair Brown said that the IP Work Group has ended its third year and will come back with a report in September and also a map of all the parks in Orange County. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONS/PROCLAMATIONS a. Proposed Orange County 2003-2004 Secondary Road Improvement Policy The Board considered adopting a policy for recommending secondary roads to be paved in the North Carolina Department of Transportation {NCDOT) proposed Secondary Road Improvement Program. Planning Director Craig Benedict spoke on this item. This item was an the agenda an May 20tH and it received some input from the Board, the public, and DOT. He made reference to page four and the additional language in the resolution. Commissioner Jacobs made reference to the "whereas" regarding the resident concerns, and added, "Whereas, the concerns of residents adjacent to roads proposed to be paved in the Secondary Road Improvement Program will be considered in the County's comprehensive review of roadway programs." Also, the previous "whereas" is confusing to him and he does not think it adds anything. He would like to leave this out. Chair Brown likes the statement, and asked if there was a better place to put it. Commissioner Jacobs thinks that the gist of the statement is included in every other point. Chair Brown likes the reference to "tax dollars" and that the public is paying far it. Commissioner Jacobs said that it is State tax dollars and not Orange County tax dollars. Commissioner Halkiotis said that same citizens think that the Board is responsible for the roads and it is not Orange County property taxes but the State tax coffers. Geof Gledhill suggested putting the point in the first "whereas," as follows: "Secondary Road Construction Program, paid far by State tax dollars." The Board agreed to this. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution, as amended above, and as stated below: A RESOLUTION ESTABLISHING ORANGE COUNTY'S POLICY REGARDING SECONDARY ROAD IMPROVEMENT WHEREAS, the North Carolina Department of Transportation {NCDOT) administers the State Secondary Road Construction Program paid for by State Tax dollars to pave unpaved secondary roads and improve conditions far safe mobility an those roads; and WHEREAS, The Orange County Board of County Commissioners recognizes that maintaining mobility throughout the County is vital to public safety; and WHEREAS, public service providers such as Emergency Management, municipal and volunteer fire departments, and the Sheriff's Department need safe road conditions and connections throughout the County to respond to emergency situations in a timely manner; and WHEREAS, Orange County is committed to the safe transport of school children via school buses traveling on secondary roads through the County; and WHEREAS, Orange County has established aCounty-specific road classification system in the Land Use Element of fhe Orange County Comprehensive Plan that defines arterial and collector roads as more important in terms of carrying major traffic volumes ar in making connections between major destinations; and WHEREAS, public roads throughout the County, whether paved or unpaved, are intended for the purpose of providing safe and adequate transportation routes for all citizens and businesses; and WHEREAS, the concerns of residents adjacent to roads proposed to be paved in the Secondary Road Improvement Program will be considered in the County's comprehensive review of roadway programs; and WHEREAS, it is in the County's interest to promote public safety on secondary roads; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of County Commissioners that the Board will promote paving a secondary road in Orange County that meets both of the following conditions: 1. Paving the road and making the associated improvements address a safety deficiency identified by users of the road. 2. The road serves an important transportation connectivity function and is designated as an arterial or collector road in the Land Use Element of the Orange County Comprehensive Plan. The Board, in determining whether or not a road meets the above conditions, will also consider the following: 1 . The wishes of residents who own property adjacent to the road; 2. Safety issues and the importance of the connector linkage provided by the road in the transportation network; and 3. Improvements and Maintenance of all NCDOT-maintained roads are financed by all taxpayers. BE IT FURTHER RESOLVED that the Board will support means to advance such projects through use of developer fees to obtain needed right-of-way through provisions given in G.S. 136-44.7(c} whereby adjacent property owners may provide the funds to cover the costs of condemning the remaining property if at least seventy-five percent (75%) of the property owners adjacent to the project and the owners of the majority of the road frontage have dedicated right-of-way. In such cases, all affected property owners will be given advance notice of potential improvement of the road with opportunity to comment prior to the vote by the Board of County Commissioners regarding the proposed development. VOTE: UNANIMOUS b. Resolution of Commendation for Donna Torain and Teresa Daniel The Board considered a resolution officially commending Ms. Donna Torain and Ms. Teresa Daniel for their courage and heroism in saving the life of Brandon Robbins, an Orange County School student. Commissioner Halkiotis said that during a very tragic incident a couple of weeks ago, these two women rose to the occasion and he believes saved the life of a young man who is wheelchair bound. He asked the two women to come forward. Donna Torain is a special needs bus driver with the Orange County School System, and Teresa Daniel is the monitor on the bus that Donna Torain drives. He read the resolution. A motion was made by Commissioner Halkiatis, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: Resolution of Commendation For Donna Torain and Teresa Daniel WHEREAS, Donna Torain is a long-time Orange County resident and for the past fourteen years has driven a special needs school bus for the Orange County School System; and, WHEREAS, Ms. Teresa Daniel has been a bus monitor for the Orange County School System for the past four years; and, WHEREAS, On May 19, 2003, Ms. Torain was traveling on her morning bus route to pick up children on Lebanon Raad and had stopped to pick up Brandon Robbins at 7:10 a.m., who is physically handicapped and in a wheel chair and when she stopped the bus at his house, he was rolling down the driveway calling out that he had heard gunshots from his home; and, WHEREAS, Realizing that just she and her bus monitor, Teresa Daniel, were the only ones in a position to assist the student, and with total disregard for their own personal well being, Ms. Torain and Ms. Daniel lowered the handicapped ramp and manually pulled Brandon to safety into the bus; and, WHEREAS, as Ms. Torain pulled the bus away with the ramp still down, she then called the Orange County bus garage to alert them to call 911 about this emergency; and, WHEREAS, Ms. Torain and Ms. Daniel do not see themselves are heroes but as citizens willing to help someone else in need; NOW, BE IT RESOLVED that the Orange County Board of Commissioners officially commends Donna Torain and Teresa Daniel for their courage and their heroism in saving the life of Brandon Robbins, and the bravery they demonstrated through their faith, humility and perseverance. BE IT FURTHER RESOLVED that this resolution be presented to Ms. Donna Torain and Ms. Teresa Daniel, with a copy sent to the press, to express our appreciation for their heroic efforts in this extraordinary and dangerous situation in order to save the life of another human being, in this case a student in Orange County. This the 3rd day of June, 2003. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Little River Park Interlocal Agreement The Board considered the proposed Interlocal Agreement between the Counties of Durham and Orange, for the Little River Regional Park and Natural Area. Jahn Link said that the staff of bath counties, Durham and Orange, has worked diligently an this interlocal agreement. In 2001, the counties acquired the 391-acre parcel, which is now called the Little River Regional Park Natural Area that borders both counties. The interlocal agreement spells out the arrangement between the two counties as far as how to finance the park an a 50-50 basis, the name of the park, regulations, etc. Commissioner Jacobs added that he represented the Board last August where the interlocal agreement was discussed. There were some suggestions for changes, which have been incorporated. There was Commissioner participation. Commissioner Gordon said that she called Geof Gledhill today and he made it clear that Orange County will have the major liability because it will be operating the park. Durham County will probably not need liability insurance. Commissioner Jacobs made reference to number 10, Park Caretaker Residence, and said that there was some vandalism at one of the Heritage Hills homes that FEMA purchased. It was not the one that we are moving to Little River. Lori Taft verified this. The house is scheduled to be moved June 14~" if there is an agreement with Durham County. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to adopt the Little River Park Interlocal Agreement as presented. VOTE: UNANIMOUS 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes from the following meetings: April 15, 2003- regular meeting; April 21, 2003-budget work session; and April 24, 2003-work session. b. Appointments 1. Affordable Housing Advisorv Board The Board reappointed Tammy Jacobs, Elizabeth Preddy, and Allan Rasen to the Affordable Housing Advisory Board (AHAB) for terms to expire June 30, 2006. 2. Commission for Women The Board reappointed Kathie Young, Josephine Holman-Long, Angelika Langen, and Letitia Jean Burns to the Commission for Women (CF1N} for terms to expire June 30, 2006. 3. Human Relations Commission The Board reappointed Susan Foley Pierce and Barbara Holland Chapman to the Human Relations Commission (HRC) for terms to expire June 30, 2006. 4. Human Services Advisorv Commission The Board reappointed Linda Tuday, Marla Fearrington, and Robin Barnhill to the Human Services Advisory Commission for terms to expire March 31, 2006. c. Central Orange Adult Day Health Center's Non-profit Agency By-Laws This item was removed and placed at the end of the consent agenda far separate consideration. d. Home and Community Care Block Grant for Older Adults, Funding FY 2003-2004 The Board approved the recommended Home and Community Care Block Grant For Older Adults Funding Plan, FY 2003-2004 and authorized the Chair to sign the grant documents. e. Renewal of Faod Waste Collection and Composting Contract This item was removed and placed at the end of the consent agenda for separate consideration. f. Renewal of Contract for Curbside Recycling The Board approved the curbside contract with Waste Industries, Inc., and authorized the Chair to sign the cantract subject to final review by Staff and the Caunty Attarney. g_ Contract with Triangle J Council of Governments for Household Hazardous Waste Support Services The Board approved the contract with Triangle J Council of Governments {TJCOG) through June 30, 2004 for the provision of household hazardous waste support services, and authorized the Chair to sign the contract subject to final review by Staff and the County Attorney. h. Hyconeechee Regional Library Contract Agreement Renewal The Board renewed the cantract agreement between the Hyconeechee Regianal Library System and the counties of Caswell, Orange and Person, and authorized the Chair to sign the agreement. i. Pyrotechnics Permit - Orange Speedway 6 The Board approved a pyrotechnics permit for the Orange County Speedway for June 28, 2003, or rain date as may be set; and authorized Staff to execute the permits. L Acceptance of Grant for Emergency Planning The Board accepted a federal grant to reimburse the County up to $47,147 to update the Domestic Preparedness, Multi-Hazard Plan by developing continuity of operations protocols, and authorized the Manager to sign the Memorandum of Understanding. k. United Way Youth Leadership Grant Award The Board received grant funds totaling $10,000 from the Triangle United Way to assist in the implementation of the first Orange County Youth Leadership Development Institute (YLDI) in the summer of 2003; this program responds to a goal initiated by the BOCC "to provide recreation and educational programs for youth ages 13-19 years of age." I. Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments This item was removed and placed at the end of the consent agenda for separate consideration. m. Orange County/Hillsborough Courtesy Review Agreement This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA c. Central Orange Hdult Uay f•iealth Center's Non-profit Hgency fay-Laws The Board considered reviewing and approving with any changes the draft by-laws for the non-profit agency to operate the Central Orange Adult Day Health Center, subject to final review by the County Attorney, with changes as discussed by the Board, and directing the Advisory Board and DOA staff to proceed in the formation of the new non-profit agency. Commissioner Gordon suggested that the principal office be located in Orange County (page 3, section 1). Also, an page 5, she found it astonishing that directors need not be residents of the State of North Carolina. She thinks there should be a statement that some people should be residents of Orange County. She suggested that 2I3 of the directors should be Orange County residents. John Link agreed and said that this particular director may be living in the retirement community and may not be a resident. Florence Soltys, Chair of the Advisory Board on Aging, said that the director might be very much a part and living in the retirement community, but not yet a resident of Orange County. John Link said that this should be clarified. Commissioner Gordon made reference to pages 6, 7, 8 and asked to replace "chairman" with "chair". Also, in Section 9, Action Without a Meeting, she said that it should add, "in emergencies". Also, she assumes that amendments would be for a quorum present, and if this is not the case, it should be added. Also, in Section 7, the last page, Non-profit Corporation, she read, "No part of the net earnings shall inure to the benefit of or be distributable to its officers, directors, ar other persons in similar positions except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth herein." She thought this was very broad and that it should say "reasonable reimbursements". Commissioner Jacobs asked if Commissioner Gordon would like this to came back with the changes before the Board votes on it, or if she feels comfortable. Commissioner Gordon said that if there is anything that has to be investigated, then it should come back. Geaf Gledhill said that the attorney far this group should comment an the changes before it comes back. He said that it is not uncommon for small corporations to take action without meetings. John Link suggested bringing this back at the next meeting with either the changes or response by the attorney who drafted the by-laws. Chair Brown asked if the non-profit could ever sell itself to afor-profit. John Link said that this is addressed in Section 8 and says that it would be reverted back to the County so that this non-profit stays anon-profit and provides these kinds of services for the citizens who need them. Chair Brown made reference to Article IX, Section 7 on the last page about compensation and asked that it come back to the County if there is any compensation over a certain amount so that there is a check on something that is going on. Commissioner Gordon asked if the meetings were open to the public and Geof Gledhill said not by virtue of this document. Commissioner Gordon would like to follow upon this as long as the County is financing it. Commissioner Jacobs said that if the Board is going to fund to a certain threshold in organizations that depend on public funding, there aught to be a public component. John Link said that the Board of County Commissioners could indicate in the contract with a non-profit what is expected. If the organization does not meet the expectations, then the Board does not contract with them. Commissioner Gordan suggested "DOA staff' be changed to something else, Commissioner Jacobs suggested"Don A". Commissioner Carey said that there should be public access to agencies that the County funds because it is unwise for the County to pursue a policy that attempts to convert every non-profit into a public agency. He would like to consider this further. This item will be brought back on June 17t" or 26tH e. Renewal of Faod Waste Collection and Composting Contract The Board considered renewal of a contract that enables the County Solid Waste Management Department to provide separated food waste collection services to commercial establishments throughout Orange County, and authorizing the Chair to sign the agreement, subject to final review by the County Attorney. Commissioner Jacobs said that in the past there have been compost sales at the landfill that was a product of Brooks Contracting, and he did not see that this year. Solid Waste Management Director Gayle Wilson said that it is continuing and they no longer have compost sale days because it is for sale everyday. Commissioner Jacobs asked if this was being advertised. Gayle Wilson reported that there was a meeting this morning, and they just completed construction on C&D recycling facilities and there is anew facility for handling compost and other types of mulch. There will be press releases and paid advertisements as well as a brochure an Orange County earth products for sale. A motion was made by Commissioner Jacobs, seconded by Chair Brawn to approve the service contract with Brooks to collect and compost food waste and authorize the Chair to sign the agreement, subject to final review by Staff and the County Attorney. VOTE: UNANIMOUS I. Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments The Board considered closing the public hearing and considered making a decision on adoption of the proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. Commissioner Gordon made reference to page six where it defines zoning officer, and this has been deleted. She asked if this should have been deleted. Craig Benedict said that it was covered in the zoning ordinance. Commissioner Gordon made reference to pages 9 and 16 and the stop work order and pointed out that it never says what the stop work order is. She thinks that the definition was deleted in error. She asked that this be corrected. Commissioner Gordon said that it states that the amount the zoning officer can fine is $500 and she did not know where it stood with the Board of County Commissioners. She said that there were minutes and comments about the amount, but she does not know if it was definitive. In looking through the minutes, it was not clear to her that the County Commissioners had come to any definitive position. Jahn Link said that whether the fine is $100 or $500, the zoning officer is not going to exercise the fine until each issue is addressed. We need to make sure that the individual citizen has been notified in person by a staff person and that they understand the issues involved. Craig Benedict said that it was brought up at the public hearing and they took it back to the Ordinance Review Committee and the Planning Board and the recommendations were unanimous to stay at the $500 level. The emphasis is compliance and they believe that the fine structure will help in discouragement of the violation to start with. Commissioner Jacobs said that he does not think that the money was the issue and he would like to review the minutes before a vote takes place. He said that one of the issues was whether or not there should be an appeal process that did not include a public official. Craig Benedict said that the concerns of the County Commissioners were included in the revision that have the Board involved if there is a time extension to the resolution of the violation. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to table this item until the County Commissioners can review the minutes. VOTE: UNANIMOUS m. Orange CountylHillsborough Courtesy Review Agreement The Board considered a revised Courtesy Review Agreement, including a checklist, with the Town of Hillsborough. Commissioner Jacobs said that he still does not think this is where he thought we were going. He thought that steps 1-4 were followed, then step 11 should be put after step 4, which is "Board of County Commissioners or Board of Town Commissioners may request a joint meeting." Craig Benedict said that step 11 occurred where it is because it was occurring after the Planning Board had a preliminary plan farther along in the process, versus a concept plan. This step can be moved up. Commissioner Jacobs said that the sooner a joint meeting could be held in the process, the better. Commissioner Jacobs said that his only other concern is that either board can request a joint meeting. Craig Benedict said that they could work on an addendum during the summer break. Commissioner Halkiotis said that on NC 57 and NC 86, he saw that there is another subdivision called Cameron Estates and it never came up on the County's radar screen. He hopes that this document will give the County an opportunity to comment. He said that this additional area was annexed years ago to prevent a landfill going in on NC 57. He asked if Hillsborough would be able to approve anything they wanted in this area without input from the County. He said that this needs to be handled through a process. Craig Benedict said that the process in the courtesy review agreement would bring projects on the radar screen quickly. He mentioned that there is a 50-unit development proposed next to the Planning and Agricultural Center. This will be on a future agenda. The Board agreed to move step 11 to step 5. Commissioner Gordon said that the chart is only from the County's point of view. Jahn Link said that the staff's suggestion was to move forward and come back at the end of the summer with the addendum related to annexation. He thinks this moves us in the right direction toward true coordination. Commissioner Jacobs said that he would be comfortable with that as long as a cover memo expressed that the Board of County Commissioners intends to came back with further clarification to address the annexation discussion process as we discuss the reservation of utility capacity. Commissioner Gordon said that her paint is that this chart is not part of the agreement and it does not change anything in the agreement. Commissioner Jacobs said that he assumes that the chart will reflect the text and that the Planning Director will make sure that it does. Geof Gledhill said that the agreement says that the request far a joint meeting can be made at any time, and when it is made, it stops the process until a joint meeting occurs. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the revised Courtesy Review Agreement and checklist with the change made on page 9 (steps) and with the addition of a statement of intent to further refine the process regarding annexation (Commissioner Jacobs). VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Proposed Master Plan for Little River Regional Park The Board considered a proposed master plan for the Little River Regional Park and Natural Area. Land Conservation Manager Rich Shaw described the park and its location in Orange County. Two-thirds of the property is in Durham County and one-third is in Orange County. This is a cooperative project between the two counties, the Triangle Land Conservancy, and the Eno River Association. All four partners contributed funds far the purchase, and all four applied jointly for State funds. Commissioner Jacobs is the representative on the Little River Park Advisory Committee. The role of the committee has been to make recommendations on the uses allowed at the park. The recommendations include picnic shelters, restrooms, playground, group camping, and an elaborate trail system. Most of the property is wooded. He described in detail the aspects of the park master plan. There would be a caretaker residence (a house moved from Heritage Hills} to be used as an an-site presence for the park. They received a $50,000 grant for the walking trails from the State. Also, DOT is going to advise a turn lane for southbound Guess Road. The counties have asked far assistance from DOT to pay far this, and DOT agreed to pay for this (approximately $85,000}. A portion of the caretaker residence is going to be paid from the FEMA grant, and the Board previously allocated $45,000 to have the house relocated here, and that includes a portion of the FEMA assistance. The draft master plan was presented to the advisory committee on May 14t", and the comments were favorable. It was suggested to add a bio-retention area to capture some of the rainwater off the parking area. It has also been submitted to the Planning Department for an initial courtesy review. Since the May 14t" meeting, they have received notice that as part of the condition of receiving federal funds from the Land and Water Conservation Fund, they are required to use a portion of the money far an archeological survey of the entire property. They learned a great deal from the survey. Two weeks ago a discovery was made near the entranceway that may affect the alignment of some of the features -notably the caretaker residence and the septic field system. Two pits will be dug to see if there are any intact remains. There is evidence that there may have been structures underground. There is an alternate plan for the residence and septic field if anything is found. Also, there was a change in the designer, and the new designer proposed a smaller parking lot with the same number of parking spaces. There would be 6°l0 less impervious cover, which would make mare of the meadow available for public use. The advisory committee has not seen this change, since it was just received today. He asked the Board to consider this change in the parking lat. The cost estimates for the park based on the master plan is $625,000 for phase I. The grant that was received in 2000 from the Land and Water Conservation Fund was $262,000. This grant will expire September 30t" this year. The County will ask far an extension after both counties have signed the interlocal agreement. After accounting for the $317,000 in available grant funds and previously appropriated funds, this leaves $308,000 still needed to develop the park - $154,000 for each county. Durham County has appropriated another $100,000 toward park construction and Orange County staff is proposing that we match this amount by adding another $55,000 from the payment-in-lieu funds to the $45,000 that the Board already allocated for the relocation of the caretaker residence. Far the remaining amount of $76,000, the Board can consider delaying ar cutting facilities ar using a combination of payment-in-lieu funds or borrowed funds from other park projects that are not yet underway. Durham County intends to cover their overage with park bond funds. Commissioner Halkiotis asked for a definition of "group camping". Rich Shaw said that a group (bay scouts, girl scouts, church group) would register and there would be someone in charge of the group. Both counties agreed on group camping and Durham County was not interested in allowing individual camping in phase I. Commissioner Carey asked if deferral would affect the grant extensions. Rich Shaw said that if the boards can approve this plan before the break, then there should be enough time to ask for an extension. Commissioner Jacobs said that facilities for deferral were not proposed earlier. He said that public roads are paved not graveled and this would be in conflict with haw the County operates. He is a little uncomfortable with borrowing from other projects and would rather use payment-in-lieu monies. He would like to give staff guidance about looking at the funding options and seeing about moving the caretaker's house and approving it in concept. l0 Commissioner Gordon asked if the landscaping could be deferred. Rich Shaw said that the type of landscaping is to screen the adjacent landowner. Same of the landscaping could be deferred. Commissioner Gordon said that there would have to be a public hearing if bond funds were used that were designated for other parks. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proposed Little River Park master plan with both alternatives for locating the caretaker house and septic area; authorize ERCD and Recreation and Parks to submit the master plan for Planning Department site plan review and approval; develop construction drawings necessary to solicit bids for park construction in accordance with the approved plan; and ask staff to report back a combination of funding alternatives using payment-in-lieu, deferral of facilities, and other creative approaches to make up the difference in the cost necessary to move forward. John Link said that they will "shake the tree" again and the County can move forward on this. VOTE: UNANIMOUS b. Proposed Orange County 2003-2004 Secondary Road Improvement Program The Board will either concur, take no action, or make recommendations for deviations and setting a public hearing for those recommendations, with respect to the Orange County 2003-2004 Secondary Raad Improvement Program proposed by the North Carolina Department of Transportation (NCDOT). A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to concur with the 2003-2004 Secondary Road Improvement Program for Orange County as proposed and presented by NCDOT at the public meeting on May 20, 2003, and to authorize the Chair to write a letter to NCDOT indicating concurrence. VOTE: UNANIMOUS Commissioner Jacobs said that he received a call from a citizen about Rosewood Cemetery Road near Hillsborough and asked far someone to check and see if it is a State maintained road, and if it is, NCDOT should look at it. c. Options -Maple View Soccer Field This item was addressed before item 9-a. The Board considered options for the proposed Maple View Soccer Field. Environment and Resource Conservation Director Dave Stancil said that in November the Board of County Commissioners approved a plan for a soccer field at Maple View Farms. In February, they put out bids and the bids received were much higher than anticipated. The reasons for the higher costs are outlined in the abstract. It relates to the fact that there is a substantial increase in additional facilities and accessory uses associated with this field. Since March, a workgroup of staff has tried to create same different options to consider. They were able to work with the low bidder to adjust the cost down to about $214,000. On page two, there are four options identified by staff: a. do not pursue the field b. re-bid this field at a cost of $200,000 - 215,000 c. public-private partnership -involve Orange County Soccer Alliance or other soccer organizations in helping to fund parts of the project d. Orange County step aside and award a grant to a soccer organization and allow that group to build the field using Soccer Super Fund monies In the case of the last option, the lease agreement would need to be amended with written consent of owners. The field may not be open until 2004-05. The recommendation is to consider the options and to reject the original bids. Commissioner Carey asked if the original plan was for Parks and Recreation to operate the field and if some of the options would change this. Dave Stancil said yes and that two of the options would change this. Commissioner Halkiotis said that they have looked at this for some time and when the Nutters came forward with their offer, it was going to be a simple field. Then it began to grow with amenities (irrigation, landscaping, well, etc.}. He said that the Board should not be surprised that it is over $200,000 because all of the extra stuff is far beyond the original concept plan. 11 Chair Brown said that she remembers that the maximum cost would be between $30-60,000. She said that this is a very large expenditure to invest in something that the County did not own. She would feel comfortable in putting the money in other playing fields at other locations and going with option `a'. Commissioner Jacobs asked far Mr. Nutter's {owner of the land) response. Bob Nutter said that he agreed with what Commissioner Halkiotis said and he thought it was going to be a simple field. He does not understand why it has developed this way. He thinks you should just level a piece of ground and play soccer on it. Commissioner Halkiotis said that he still likes the idea in theory and he does not want to discard it. He would like to have agroup -Commissioner Jacobs and perhaps the Chair -work with Dave Stancil and Lari Taft and Mr. Nutter to try and bring it back to the original consideration - a simple field that can be reserved by people who are interested in playing soccer. He said that it does not make sense to put this kind of infrastructure an land that is not awned by the County. Commissioner Gordon said that we should consider this in the entire picture and there are County lands and the soccer super fund. She said that it does not seem that it should cast so much to level some land for a field. Commissioner Jacobs said that he agrees with the comments made that this is a totally different plan. He is willing to try and tone it down if the Nutter's are willing. Chair Brown said that she thinks we should use the money to invest in the proposals going on right now. Commissioner Jacobs said that he is willing to look at this again because it is such a generous offer of the Nutter's. Commissioner Carey said that he would be interested in participating too and to look at the Planning rules to see if these add to the price tag. Dave Stancil said that a portion of the cost is attributable to the fact that Orange County tends to require more things, but most of the cost is that this is what a field costs in this region. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to formally reject the bids far this project that were received in February. UOTE: UNANMIOUS John Link said that the staff could come back with a concept far a simpler field that could be designated as a practice field or pick up field and not for organized soccer activity. Commissioner Halkiotis said that the kind of fields that the staff wants will require water and grasses and these are the kind of fields that we should have. He thinks that we need to be looking at grasses that do not require so much water. He made reference to the underwater collection tanks that collect rainwater that are being used now and asked how these could be used for the fields. He said that County Engineer Paul Thames should be part of any design team. The staff will come back with another recommendation for this field. d. Process for Northern Human Services Center Park The Board considered approval of a process to design a park adjacent to the Northern Human Services Center. Dave Stancil said that there is 48 acres of land on the west side of NC 86, including the land that the Northern Human Services Center resides on. They are also closing on an additional 12 acres across the road, which will provide wastewater field opportunities. This project should be able to move forward rather quickly since there are facilities in place at the center. Funding is provided in the current CIP. There would be community meetings to generate a design for the park. The funding for the project is $1.2 million - $200,000 is available in the current fiscal, and $500,000 each in the upcoming two fiscal years, based on the proposed CIP. The recommendation is to adopt the draft preliminary concept plan. Commissioner Jacobs said that he has no problem with the theory or concept plan but he would like to have a presentation on this. Chair Brawn pointed out that we would not be creating anything new because the center already exists. Commissioner Halkiotis said that this has changed and the proposed uses inside the building have changed. He agreed with having a full presentation on this and set in stone what is going to be done inside the building. Commissioner Gordon also agreed with having a full presentation. She suggested having the community come in with a broad representation for the presentation. 12 John Link said that the staff could come back between steps 2 and 3 with a presentation sometime in September prior to having the community meetings. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proposed design process for the park. The staff will come back with a presentation on the concept plan and the Board will then vote on that. VOTE: UNANIMOUS e. Appointments (1 } Advisory Board an Agin The Board considered appointing one member to the Advisory Board on Aging. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Mary Anne Peter to an At-Large position and for a first term to expire June 30, 2005; and also to add Jerry Kruter to the Carrboro position, #5. VOTE: UNANIMOUS {2) Nursing Hame Community Advisory Committee The Board considered making one appointment to the Nursing Home Community Advisory Committee (NHCAC}. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Mary Ann Peter for an initial one-year training term to expire June 30, 2004. VOTE: UNANIMOUS {3) Recreation and Parks Advisory Council The Board considered the appointment of two (2) members to the Orange County Recreation and Parks Advisory Council (RPAC). Commissioner Jacobs said that the representative from Hillsborough just resigned within the last week, and he nominated Tam Magnuson for this position. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to appoint Deborah Judd to fill the At-Large seat for a term to expire March 31, 2006; Mr. Carroll Lewis Hawkins to fill the Cedar Grove seat for a term to expire March 31, 2006; anc to add Tom Manguson, to fill the Hillsborough seat for a partial term to expire March 31, 2005. VOTE: UNANIMOUS {4) Affordable Housing Advisory Board The Board considered the appointment of three (3} members to the Affordable Housing Advisory Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Gary C. Kress, Kristin Moore, and Ross Farrington, Jr. far terms to expire June 30, 2006. VOTE: UNANIMOUS {5) Arts Commission The Board considered the appointment of two {2} members to the Arts Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to appoint Jonathan Pletzke and Linda Schmoldt to terms expiring March 31, 2006. VOTE: UNANIMOUS {6) Hillsborough Board of Adjustment The Board considered appointments to the Hillsborough Board of Adjustment. A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to appoint Mr. Richard L. Silverman to a regular ETJ seat and to move William (Bill} Crowther from his current alternate ETJ seat to a regular ETJ seat with a term expiration date of Marcy 31, 2006. 13 VOTE: UNANIMOUS (7) Human Relations Commission The Board considered appointing five (5) members to the Human Relations Commission {HRC). A motion was made by Commissioner Jacobs, secanded by Commissioner Halkiotis to appoint Rita Gonzales- Jackson, Phyllis Horton, Gary Kress, Kristin Moore and Melvin Smith, with the understanding that none of the members would be serving on more than two boards or commissions. VOTE: UNANIMOUS (8) Human Services Advisory Commission The Board considered appointments to the Human Services Advisory Commission (HSAC). A motion was made by Commissioner Gordan, secanded by Commissioner Jacobs to appoint Rosetta Wash and Lucia Casabo for terms to expire March 31, 2005; Rita Gonzales- Jackson and Kenneth Touw for terms to expire March 31, 2006; and Phyllis Horton for a term to expire March 31, 2004. VOTE: UNANIMOUS 1 Q. REPORTS a. Planning Reports {1) Hillsborough Courtesy Review The Board heard a brief report on two residential development proposals within the Town of Hillsborough's Extraterritorial Jurisdiction (ETJ). -Meadowview -Corbinton Commons Commissioner Jacobs said that there are two separate senior hauling projects in Hillsborough and Corbinton Commons has a specific recommendation for affordable/low income housing units and the other does not. Craig Benedict said that the Town has tabled bath projects and sent it to a citizen committee to talk about the needs of the community. Commissioner Jacobs said that as we move forward with the courtesy review, we should consistently mention affordable housing. Commissioner Jacobs made reference to the Villages at Meadowview and said that the Town missed out on lining up Eno Mountain Road and Maya Street through poor planning when it approved Wal-Mart. This is an opportunity to correct this and it is an important component of connectivity. He said that it should be made clear that this was a recommendation from the work group that involved two elected officials from each jurisdiction. Craig Benedict said that both of these projects would total 600 units of different housing types. They are senior component housing, but not restricted to seniors. Commissioner Gordon made reference to page nine and that there are financial burdens for the County on one and not on the other one. She asked for an explanation. Craig Benedict said that they are both in the ETJ and the annexation proposals are under review. He will explain the financial burdens at a later time. Commissioner Gordon asked that the explanation be forwarded to Hillsborough. Commissioner Halkiotis thanked Mr. Jack Chestnut far getting involved in the issues of senior housing. 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION 14. ADJOURNMENT 14 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna S. Baker Clerk to the Board 1~