Loading...
HomeMy WebLinkAboutMinutes - 20031001APPROVED 213!2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 1, 2003 7:30 p.m. The Orange County Board of Commissioners met in regular session on Wednesday, October 1, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown and Commissioners Moses Carey, Jr Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: 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: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Brawn suggested moving item 9-e up to 9-a. The Board agreed with this. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda Arlene Furman is a parent of two children at Grady Brown Elementary. She said that recent layoffs and plant closings in North Carolina demonstrate new challenges to the work force. Everyone must be better trained and better educated for jobs. The schools must constantly strive to prepare our students to succeed in this evolving economy and we must vigilantly improve and expand our school programs and curriculums. She said that for the past three years Orange County Schools have been under funded. She said that they have been running in place, arguing and begging to maintain existing funding levels to support existing programs. Although school merger is not her first choice, she sees this as the only option that guarantees security in funding the Orange County Schools as well as the future opportunities of all of our children. Chair Brawn said that there would be a public meeting at Cedar Ridge High School on school merger an October 23rd at 7:30 p.m. Kelly Monroe-Porco said that they are here because they are from OCS and her family shares the following with the children of Chapel Hill: church, preschool, dance classes, soccer fields, theater, restaurants, love and pride in the Tarheels and the University, parks, pools, grocery stores, jump rope class, enjoying the view from Maple View Farms, local running trails, biking routes, green space, water, landfills, property taxes, Commissioners, and a keen interest in seeing children have educational opportunities in the entire County. The only area they do not share is their schools. She said that it does not make sense to maintain separate and unequal school systems when we share all of our other valuable resources. She spoke in favor of merging the two systems. She said that merger is the only solution that the children of Orange County have that will guarantee that they will no !anger be harmed by the larger, more powerful Chapel Hill-Carrboro school district. She said that CHCCS has already doubled in size since she taught there seven years ago and student performance has not been affected. She said that merging would not make any of this different. She asked the County Commissioners to not delay the decision because it will only make the more powerful manipulate the process and make this an election issue. She distributed letters signed for the County Commissioners. Liz Brown submitted a document, which follows. She said that in June the Board approved the Orange County Schools budget at 85°~ of what it requested. Far five years in a row they have had na expansion items, while CHCCS has had many. The superintendent borrowed from the future in some cases to pay the current local needs. They are still $2 million short this year with still no Spanish programs in the elementary schools, no reading recovery, no new AP courses, and no funding for the IB (International Baccalaureate) program. She keeps hearing that Chapel Hill somehow subsidizes the Orange County school system. She does not know where people are getting this information and it is not relevant to her goal of getting fair funding. She made reference to her document and said that she verified these numbers with the tax and budget offices. To: The County Commissioners From: Elizabeth Brawn Date: 10!9103 RE: Data supporting the per-pupil contribution from Orange County Schools (OCS) and Chapel HilllCarrboro City Schools (CHCCS) residential taxpayers. Last Tuesday I reported during the public comment portion of your BOCC meeting that OCS residential taxpayers actually contribute slightly mare per student than CHCCS residential taxpayers da. {I have obtained all numbers from Donna Dean and John Smith in the county offices.) Here is the math: Total value of taxable "property" in Orange County: $9.889 billion Total value of "property" in the Chapel HilllCarrboro City Schools district: $6.340 billion Total value of "property" in the Orange County Schools district: $3.548 billion Percentage of the Chapel HilUCarrboro city schools tax that comes from commercial {non-residential} sources: 19 °I° Percentage of property tax collected in the OCS district that comes from commercial (non-residential} sources: 7 % ** [**This number might actually be lower than 7; John Smith will re-check this; if it's lower, it will prove OCS pays even more per-pupil than CHCCS] {These numbers supplied by Donna Dean in County Budget Office) A penny of property tax levied in the CHCCS district brings in: $0.01 ~ $ 625,000 A penny of property tax levied in the OCS district brings in: $0.01 ~ $ 350,000 CHCCS Income from residential taxpayers Income from 1-cent tax: $625,000 Subtract 19% commercial base: - $125,000 Total residential input $500,000 - 10,500 ** _ $47.62 per student *10,500 represents number of students that district sends to public schools QCS Income from residential taxpayers Income from 1-cent tax: $350,000 Subtract 7°~ commercial base: - $ 24,500 Total residential input $325,500 - 6500 ** _ $50.08 per student ** 6,500 represents number of students that district sends to public schools Thus, when commercial base is subtracted from the equation, and we compare residential input from the CHCCS district with the residential input from the OCS district, it's apparent that OCS residents contribute $2.00 per student more than CHCCS residents do. Is this significant? Yes, for several very important reasons: 1. It debunks the myth that Chapel Hill parents are somehow "subsidizing" the OCS. In fact, the opposite could be argued. (Albeit $2 is hardly worth arguing over.) 2. It shows how important that commercial base is to the city schools. All county residents contribute to the businesses in Chapel Hill and Carrboro - we shop, eat, take dance lessons, pay office rent, and work there. The whole county contributes to it. Why shouldn't OCS share the benefit of that tax base? Another way to look at the benefits of that tax base: When a Chapel Hill family is taxed 20 cents (for the district tax}, the burden is actually only 80 °~ of that tax, or 16 cents. CHCCS can rely on the commercial base to pick up the other 4 cents. In OCS, residents would pay 93°~, or 18.6 cents (commercial interests paying only 1.4 cents) of a 20-cent tax. 3. Any "district tax" levied in the C)CS district will be borne more heavily by homeowners/residential than in the city district. 4. The original Chapel Hill school district, established in 1909, encompassed only a few blocks downtown around the university. The CHCCS has grown enormously, gobbling up the commercial base. This benefits only one school district. 5. More than 60 percent of OCS land is in the agricultural and forestry "use-value" tax category, providing far fewer tax dollars. This is a wonderful program, and we need it to encourage farmers to remain on their land. Similarly, Chapel Hill has the university, which is exempted from paying property taxes. (The CHCCS district has a minor number of acres in the "use-value" program, roughly 10,000 acres compared to 600,000 in the OCS district.} 6. There are far more restrictions on commercial growth in the OCS district that will prohibit OCS from growing its commercial base. Should the county sacrifice its land-use planning guidelines in order to facilitate greater commercial development for OCS? If the county prohibits commercial development along the I-40 and I-85 corridors, is there a way to compensate OCS residents for keeping these areas green? We can't allow industry near the watershed protection areas, most of which are in the OCS district. But surely there's a way to alleviate the tax burden somewhat for OC5 residents, if you choose to keep the school districts separate. How can all county residents equally share the cost of keeping greenspace, and the benefits of the commercial base? Thank you. Sincerely, Elizabeth A. Brown Grey Burtz said that this is about the funding mechanism and he keeps hearing about the funding disparity. The problem is with the funding mechanism and it caps the per pupil funding and makes it impossible to fund Orange County Schools. This is a fundamental flaw that needs to be fixed. The kids in the Orange County system are not getting the basic needs. He made reference to the phase 1 costs - capital improvements to the schools. He said that it amazed him that there was $2.5 million for CHCCS and nothing far Orange County Schools. He found out that the reason was that most of the money had been eaten up by debt service payments, which the County agreed to pay in 1997 to cover half of the cast of the bonds for Cedar Ridge High School. He wonders if CHCCS has offered to pay using those monies for some of their schools. He finds it hard to believe that we cannot cover the costs of new schools with bond monies. He does not feel the funding is being equally shared and distributed to the two systems. Gayanne Chambless asked that the Board not delay on this merger issue because they have waited for 20 years and things have not gotten better. As a parent, she sees what her son could have and what he is not getting. Her son is in private school, but they wanted to put him in the public schools. She said that there are children in the Orange County system that do not have the option of going elsewhere for a better education. It becomes a socioeconomic situation. She said that it was not just about money. She quoted Commissioner Gordon as saying that the CHCCS district tax was raised in order to help fund the opening of a couple of the new schools in the district. She said that an the books there are seven new schools in this district, about $99 million that OCS does not get to use. She does not want to pay for something that she cannot use. She said that the merger would solve this problem and we would not need to open new schools in the next ten years based on the projected growth rates. It is more than money; it is about the kids and what they are not getting. She said that as long as the district tax is in place, things would never be equal. She implored the County Commissioners to not delay on this decision. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.} 3. BOARD COMMENTS Commissioner Halkiotis said that he was talking to the Sheriff about the County doing something that they have not done in about 12 years. The Sheriff has a computer printout of his vehicles. Some of the patrol vehicles have in excess of 200,000 miles on them. He distributed the sheets with the mileage of these vehicles. These cars are our first responders and this needs to be kept in mind. Cammissianer Halkiotis reported that the flashing light is going in at Lawrence Road. Commissioner Halkiotis said that there was a first big major accident in front of the new Wal-Mart recently. He asked the Manager, the Sheriff, and EMS Director Nick Waters to keep the Board posted on any major accidents in this area. He thinks someone needs to communicate with DOT and the Town to try and prevent accidents in this area and not promote them. Commissioner Halkiotis said that he almost ran into a private waste truck on 70-A. Republic Waste was the name on the truck. There were no flashing lights on the truck when they stopped. He said that there needs to be a flashing yellow light on these types of trucks. Cammissianer Halkiotis said that some of the County Commissioners have not been home one night this week. He said that they are being bombarded with hundreds of emails regarding school merger and the animal shelter. He said that his computer couldn't handle all of the emails. He asked Eliot Cramer to stop sending him so many emails. He likes old-fashioned letters and he wants the citizens to understand that they are being confronted with merger and animal issues. Commissioner Gordon seconded Commissioner Halkiotis' remarks. Commissioner Gordon said that she was having problems with her email. She said that she could always be reached through the Clerk to the Commissioners. Cammissianer Gordan said that she got a letter from Sharon Caak about traffic safety in front of Chapel Hill High School. She referred this to the Manager about the best way to handle these proposed improvements and enforcement. Commissioner Gordon reported that the landfill would be open Saturday from 12-4 for storm debris. She asked that information be posted on the website about DOT possibly picking up debris. Commissioner Gordon reported that Triangle J COG's new office is at 4307 Emperor Boulevard. Burt Matthews is the new Chair, the first Vice-Chair is Frances Dancy, the second Vice-Chair is Thomas Stith, and the Secretary/Treasurer is Marla Durrell. The committees were also announced. Commissioner Jacobs is on two committees -Regional Legislative Agenda Committee and Air Quality Committee. Commissioner Gordon is on the Smart Growth Committee. Commissioner Gordon said that there was a report on the Triangle Transit Consolidation implementation program. The idea is to have various levels of bus consolidations. Commissioner Gordon said that the Triangle Transit Authority had elected officers. William Smith is the Chair, but Ann Franklin will continue on for a couple of months. Carter Worthy has moved to Vice-Chair, Commissioner Gordon moved up from Treasurer to Secretary, and Lewis Hannah has became the Treasurer. She also moved from Chair of the Operations and Finance Committee to Chair of the Planning and Legislative Committee and she remains on the Personnel Committee. Bill Strom has become the liaison from TTA to the Transportation Advisory Committee of the Durham/Chapel Hill/Carrboro region. They also adopted the Manager Incentive Goals, and part of it is to work on Phase II of regional transit. They also adopted the regional bus standards. She will give the County Commissioners a copy of these. Commissioner Gordon reported that the TTA is also moving to 68 T. W. Alexander Drive. Commissioner Gordon mentioned the public hearings for the impacts on school merger on October 16t" at Chapel Hill High School at 7:30 p.m. and October 23'd at Cedar Ridge High School at 7:30 p.m. She asked the Manager and the Board if the rules of the public hearing could be made public. John Link deferred to the Chair and the Board. Commissioner Jacobs said that the Agricultural Heritage Festival last weekend exceeded the expectations. It was so successful that there may be some discussion about making it to a permanent annual event. Approximately 4,000 people were in attendance, and this was just two days after the hurricane. The shuttle system was very successful. Commissioner Jacobs said that he attended the Chapel Hill-Carrboro Chamber of Commerce awards ceremony for public safety officers. He was very proud of the people who serve in public safety. Commissioner Jacobs said that he received a letter with pictures from a woman about the Jockey lot at Buckhorn Road. This is a subject of traffic safety. He asked the Health Director to verify if there are unlicensed eateries along the side of the road and if it is contributing to the traffic problem. Commissioner Jacobs made reference to the Vineyard Square development across from the Southern Human Services Center that is having some sediment and erosion problems. He would like to stay on top of this. He knows that Chapel Hill Planning is aware of this. Commissioner Jacobs introduced Royce Hardin and Fletcher Barber regarding the Trees of Distinction. He asked them to briefly explain this program. Commission Jacobs introduced Royce Hardin who is an agricultural extension agent with Cooperative Extension. He said that Commissioner Jacobs asked him to speak about their tree recognition program. These programs go by different names but are set up to recognize trees of historic, environmental, or significant value associated with size, age or aesthetic value. There are three champion trees in Orange County. The location of the trees is outlined in the packet. One of the trees is a national champion tree. He said that it was incumbent upon the County to recognize these trees and educate the public about the trees. Cooperative Extension would be willing to help with the effort. There is a matching grant program administered by the Division of Forest Resources. The deadline has passed for this fiscal year. Commissioner Halkiotis asked Commissioner Jacobs about the issue of Environment and Resource Conservation being notified of significant timber operations. He asked if there was ever any support by the State legislature on this. Commissioner Jacobs said no, but there is a new County Forester and the contract will be coming up again pretty soon. Chair Brawn asked Royce Hardin to bring this back to the County Commissioners with whatever they need to do. Commissioner Jacobs said that he tries to answer most emails and in order to make public hearings more effective as an avenue for people to ask questions and voice concerns about issues, that we schedule one more public hearing in the first week of December. This will give the public the opportunity to comment on the information given on the work session of November 20tH A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to have a public hearing on Thursday, Dec. 4t" at the F. Gordan Battle Courtroom in Hillsborough, North Carolina at 7:30 to discuss the possible school merger issues. VOTE: UNANIMOUS Commissioner Carey said that he also received the letter about the Jockey lot. He apologized for missing the Agricultural Heritage Fair. 4. COUNTY MANAGER'S REPORT John Link said that the Board of County Commissioners would like to recognize two individuals that received awards from the Chamber of Commerce -Marcia Adams and Carey Jones. Marcia Adams received the Emergency Management Employee of the Year Award. She is an assistant supervisor and has been with the County for 20 years. Corey Jones was awarded the Sheriff's Officer of the Year award. He has been with the County for the last five years and has been recently promoted to Corporal. 5. RESOLUTIONS AND PROCLAMATIONS a. National Disability Awareness Employment Month Proclamation The Board considered approving a proclamation designating October as "National Disability Awareness Employment Month", and authorizing the Chair to sign on behalf of the Board. Sharron Hinton said that Tracey Tyson is here on behalf of President Tim Miles and thanked the Board for the proclamation. Tracey Tyson invited the Board of County Commissioners to the Annual ADA Accommodations Workshop on October 28th at the Sheraton Hotel in Chapel Hill. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: NATIONAL DISABILITY AWARENESS EMPLOYMENT MONTH WHEREAS, Congress, by Joint Resolution, has designated October of each year as "National Disability Awareness Employment Month"; and WHEREAS, This month provides the opportunity for all Americans to recognize the tremendous value and potential of people with disabilities, and to recommit tremendous value and potential of people with disabilities, and to recommit and dedicate ourselves to the empowerment, employment and full inclusion of everyone of our citizens with disabilities; and WHEREAS, People with disabilities represent one of the nation's largest pool of talented, skilled, knowledgeable and hard working persons; they are diverse -encompassing the full spectrum of race, religion, national origin, age and gender. Small business and industry leaders, labor leaders and community leaders have called for a diverse, capable work force to propel our economy into the next century; and WHEREAS, It is important for the municipalities in Orange County and the County of Orange to move purposefully toward diversity in the workplace and elsewhere in society not only because it is right and just, but also because it is economically sound. We have learned that people with the severest disabilities can learn, work, pay taxes, buy goods and be self-supporting if given the appropriate opportunities, and by employing persons with disabilities in North Carolina, we can help reduce the alarming 75 percent unemployment rate in this segment of our population; and WHEREAS, disability is a natural part of the human experience and in no way diminishes the right of individuals with disabilities to live independently, enjoy self determination, make choices, contribute to society, and experience full inclusion in the economic, political, social, cultural, and educational mainstream of American society; and WHEREAS, family members, friends, and members of the community can play a central role in enhancing the lives of people with disabilities especially when the family and community are provided with necessary support services; and public and private employers are aware of the capabilities of people with disabilities to be engaged in competitive work in inclusive settings; and WHEREAS, the goals of the County include providing individuals with disabilities the opportunities and support to make informed choices and decisions; live in homes and communities where such individuals can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to their family, community, state and nation; have interdependent friendships and relationships with others and achieve full inclusion in society; NOW THEREFORE, do we, the Orange County Board of Commissioners, hereby proclaim October, 2003 as NATIONAL DISABILITY AWARENESS EMPLOYMENT MONTH in the County of Orange, North Carolina and call upon all citizens of Orange County to observe this period with appropriate programs and activities; and furthermore encourage all citizens to seek counsel and input from any person or group with knowledge and expertise in matters concerning disabilities. This the 1st day of October 2003. VOTE: UNANIMOUS b. Domestic Violence Awareness Month Proclamation The Board considered a proclamation designating the Month of October as "Domestic Violence Awareness Month", and authorizing the Chair to sign of behalf of the Board. Cannie Mullinex, President of the Board of Directors at the Family Violence Prevention Center thanked the Board for recognizing them. She said that there are many people in the County that are victims of domestic violence. She said that these public events are very helpful. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2003 WHEREAS, domestic violence, once a secret kept among families, is now recognized as a serious crime in our community; and WHEREAS, domestic violence has severe consequences far survivors, their children and families and impacts on the quality of life of the entire community; and WHEREAS, stopping the cycle of this crime requires not only the resolve and courage of survivors, but also support and involvement from all of us; and WHEREAS, enhanced education, prevention and intervention help increase public awareness of the severity and extent of damestic violence; and WHEREAS, violence in the home is a prablem that affects every socioeconomic level in our society, occurring in wealthy and disadvantaged neighborhoods and involving the employed and unemployed; and WHEREAS, domestic violence is generally learned and passed down from one generation to another; and WHEREAS, our society pays a high price for domestic violence through homelessness, increased crime rates, drug and alcohol abuse, increased medical expenses and business losses; and WHEREAS, during the month of October, local, state and national domestic violence agencies will sponsor events to help us focus public attention on the problem of domestic violence; IVOW, THEREFORE, do we, the Orange County Board of County Commissioners, hereby proclaim the month of OCTOBER 2003 as DOMESTIC VIOLENCE AWARENESS MONTH and encourage all residents to dedicate themselves to learning about reducing domestic violence and violence against women in Orange County; and further encourage all residents of the Orange County community to support the domestic violence programs in their communities, including the Orange County Commission for Women, the Family Violence Prevention Center of Orange County, the Women's Center and the Rape Crisis Center. This the 1st day of October, 2003. VOTE: UNANIMOUS website. Commissioner Jacobs suggested that the schedule for the month be posted an the County's Connie Mullinex introduced the board members. Commissioner Carey thanked her for printing the card in English and Spanish. c. Resolution of the Board of Caunty Commissioners Regarding Courtesy Review of Hillsborough Project Known as Villages at Meadowview The Board considered a resolution regarding transportation issues related to the Villages at Meadowview. Planning Director Craig Benedict said that this is a resolution that the Board of County Commissioners could send to the Town of Hillsborough regarding the courtesy review agreement for The Villages at Meadowview. This is on Orange Grove and Eno Mountain Roads. There are approximately 270 units of condos and apartments for a retirement community. The most important issue is the alignment of Eno Mountain Road and Mayo Street. This development is adjacent to this area and would provide the opportunity for dedication of road right-of-way that could accommodate a portion of this realignment in the future. Chair Brown acknowledged the work by Commissioner Halkiotis and Commissioner Jacobs on Orange Grove Road and trying to make it safer. Commissioner Halkiotis asked Craig Benedict if the Town was aware that DOT was planning to widen Orange Grave Road. Craig Benedict said that Hillsborough Planning Director Margaret Hauth was aware of the N. C. Moving Ahead projects, which included the widening of Orange Grove Road. Commissioner Halkiotis asked what could be done to make sure that they add sidewalks. Chair Brown said that this is why she is asking to write a letter to the Town, bulleting the things that need attention. Commissioner Jacobs suggested putting this an the agenda on October 30th for the joint meeting with the Town of Hillsborough. He made an addition as follows: "Now, Therefore be it resolved by the Orange County Board of Commissioners that the Town of Hillsborough should require the developers of The Villages at Meadowview, or any future large scale development of the site in question, to dedicate right-of-way and provide funds....." A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below, with the addition as stated by Commissioner Jacobs. Also, a letter will be sent that will specifically lay out the concerns, particularly sidewalks. Geof Gledhill said that the way the resolution is written, it may suggest the County Commissioners' support of the project. Commissioner Jacobs said to add, "if the Tawn of Hillsborough approves" and change the title to "A resolution to require developers of The Villages at Meadowview or any other developers of that parcel to dedicate right-of-way". A RESOLUTION TO REQUIRE DEVELOPERS OF THE VILLAGES AT MEADOWVIEW OR ANY DEVELOPERS OF THAT PARCEL, TO DEDICATE RIGHT-OF-WAY AND PROVIDE FUNDS FOR A PORTION OF THE FUTURE CONSTRUCTION OF THE REALIGNMENT OF ENO MOUNTAIN ROAD SO THAT IT ALIGNS WITH MAYO STREET AT THEIR INTERSECTION WITH ORANGE GROVE ROAD WHEREAS, Orange County supports development and maintenance of an efficient transportation network that provides access between neighborhoods and the goods and services demanded by County residents; and WHEREAS, Orange County actively participates in cooperative planning with the Town of Hillsborough to coordinate development in areas of common interest in and around the Town's Extraterritorial Planning Jurisdiction: and WHEREAS, Orange County and the Town of Hillsborough have worked together to establish common planning guidelines in the Hillsborough Area Economic Development District that include consideration of needed transportation improvements, including but not limited to, turn lanes, road widening, sidewalks, drainage; and WHEREAS, Orange County recognized the need for alternative north-south routes throughlaround the Town of Hillsborough to alleviate traffic and congestion on Churton Street and the associated detriment to the Hillsborough Historic District; and WHEREAS, Orange County and the Town of Hillsborough have submitted coordinated Transportation Improvement Program Priority Lists to the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the North Carolina Department of Transportation that include the Elizabeth Brady Road Extension as an eastern route around downtown Hillsborough to reduce traffic and congestion on Churton Street; and WHEREAS, Orange County and the Town of Hillsborough have cooperated in developing the Orange Grove Road Access Management Awareness Projecf and Report and have endorsed recommendations to manage transportation in the Orange Grove Road corridor; and WHEREAS, North Carolina Department of Transportation has recognized the need far access management improvements in the Orange Grove Road corridor through participation in the Joint Orange Grove Road Transportation Work Group and funding improvements to Orange Grove Road with NC Moving Ahead! funds; and WHEREAS, that the Orange Grave Road Access Management Awareness Project and Report, Phase I I Orange County Case Study, III. Road Connectivity, recommends that "the Town pursue the realignment of Eno Mountain Road to align with the intersection of Mayo Street at Orange Grove Road to resolve traffic conflicts caused by the close proximity of the intersections of two urban major thoroughfares with another major urban thoroughfare", and WHEREAS, Orange County recognizes that realignment of Eno Mountain Road to align with Mayo Street at its intersection with Orange Grove Road is a needed improvement to address safety concerns and also has the potential, in coordination with potential future road improvements, to provide an alternative north-south route through western Hillsborough without a new crossing of the Eno River; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that if the Town of Hillsborough approves the project they should require the developers of the Villages At Meadowview or any future large scale development at this site to dedicate right-of-way and provide funds for a portion of the future construction of the realignment of Eno Mountain Road to align with the intersection of Maya Street at Orange Grove Road and all associated sidewalks along Eno Mountain and Orange Grove Roads. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Second Reading -Ordinance Granting Franchise to Time Warner EntertainmentlAdvance- Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County The Board considered a public hearing and approving upon second reading of a cable franchise renewal ordinance (agreement} with Time Warner Entertainment/Advance-Newhouse Partnership, as recommended by the Orange County Cable Advisory Committee, in conjunction with the Triangle J Cable Consortium consultant collaborative and establish a special technical consulting committee to review and provide recommendations to the Board on a video production plan to equip both meeting rooms - Hillsborough and Chapel Hill -for live public telecasts. Chair Brown said that this is strictly a legal agreement and the Board does not support Time Warner's commercial interest in this County. Assistant County Manager Gwen Harvey said that at the September 2"d meeting, the Board adopted the proposed agreement on the first reading far the renewal of the cable television franchise far unincorporated Orange County. Public Comment: Bob Gywnn said that the Board and Time Warner have been working on this since 1975. He said that it seems to him that in this country we have lost sight of the idea of the social contract. As far as he is concerned regarding programming, we have in Orange County two separate systems, the Chapel Hill lineup and the Carrboro lineup. What is really important is the three PEG channels- public access, education and government channels. The government channel makes local government accessible to the public. The Board of County Commissioners is telecast on The People's Channel but it cannot be seen in Carrbaro. He hopes the County will persist in this. Chair Brown said that Mr. Gywn has worked on this for many years trying to get the citizens of Orange County fair access to the public channels, and this has failed because of Time Warner's resistance in providing these channels for public use. Chair Brown said that this is a contract that the County has already been told that Time Warner is going to refuse. Time Warner has no intention of agreeing to anything that was not financially suitable to them. Commissioner Carey said that it seems that they have been working on this for so long and he finds himself reading this letter from Mr. Phillips and getting upset all over again. He said that it was a failure on Time Warner's part and the Commissioners are trying to protect the public's interest. Chair Brown said that this is also asking Time Warner to expand into Orange County and they are rejected by Time Warner due to density issues. Commissioner Halkiotis said that he was thinking back to 1986 when he started dealing with this. He wants to support this and move on. He is tired of dealing with this. Commissioner Jacobs pointed out that even AOL wants to disassociate its name from Time Warner. Brad Phillips, Vice President of Government and Public Affairs for Time Warner Cable, apologized that the County Commissioners did not see his letter until today. It was sent out on September 25th. He said that this franchise went into the renewal window in 1993. He said that even though their efforts have been sporadic, there has been a lot of progress. There are two or three issues that remain to be resolved. One is the PEG access channels. They have agreed to three channels. He asked that the Board not take action on this and not approve a second reading, but refer the negotiations back to the negotiating team and allow them to resolve the differences, which are few. He also asked that the Board appoint one of the County Commissioners to be a part of the team. He would also be willing to bring to the group the Division President Tom Adams. Chair Brown said that this has come up each of the last seven years and she asked why Time Warner does not want to have a cable contract with Orange County. Brad Phillips said that they do want a contract. He said that since 1997 when he came on board, they worked with the Triangle J group. They do want the franchise renewed in Orange County. He thinks it is very close to being resolved. Chair Brown asked him to point out which issues they are not interested in adopting as part of the contract. Brad Phillips painted out the letter, which lists the issues. He said that they have agreed to have three PEG channels with trigger language for a fourth, provisioning to certain County buildings, and serve two facilities that are not being served now as origination points for County Commissioner meetings. Chair Brown asked why their meetings are not being shown in Carrboro. Brad Phillips said that each municipality controls the content of the public access channels. Chair Brown said that the Town of Carrboro said that it had to do with the contract with Time Warner. She would like clarification. Commissioner Carey said that he would advise the Board not to delay and not to do any more negotiations with Time Warner and to approve this ordinance. Michael Patrick, Chair of the Cable Advisory Committee, said that the negotiations have not moved along very well and it has not progressed from the Board of County Commissioners' point of the public citizens' best interest. He thinks the County should tell Time Warner haw important this agreement is and what parts of this agreement are important. He does not think it would be useful to go back in negotiations. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Manager's recommendation to adopt the ordinance/agreement on second reading as proposed by the negotiating team and the Cable Advisory Committee and establish a special technical consulting committee to review and provide recommendations to the Board on a video production plan to equip bath meetings rooms -Hillsborough and Chapel Hill -far live public telecasts. Chair Brown pointed out that part of the recommendation is to establish a committee that would look into other technologies. She strongly supports this committee. VOTE: UNANIMOUS Chair Brown thanked Mr. Phillips for coming. This was the first time anyone from Time Warner has attended. b. Local Law Enforcement Block Grant The Board considered a public hearing for written and oral comments on the Local Law Enforcement Block Grant and approving the Sheriff's recommendation to designate the Community Watch Advisory Board to advise the Sheriff on the use of the Local Law Enforcement Block Grant funds; and accepting the Local Law Enforcement Grant of $9,953. Sheriff Lindy Pendergrass said that this grant is awarded by the Justice Department every year to entities based an Part 1 crimes. This year Orange County was not eligible to receive funds. Because Orange County is considered to be a disparity entity, they allowed Orange County to negotiate with Carrboro and Chapel Hill. Carrboro and Chapel Hill agreed to allow Orange County to have $9,953. There was no one to speak to this item. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANMIOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Sheriff's recommendation to designate the Community Watch Advisory Board to advise the Sheriff on the use of the Local Law Enforcement Block Grant funds, and accept the Local Law Enforcement Grant of $9,953. VOTE: UNANIMOUS Commissioner Carey said that this brings back memories from the National Association of Counties in that they are trying to reshape the formula because it cuts out the counties from funding. c. Orange County Housing Rehabilitation Program The Board considered receiving citizen comments concerning the proposed FY 2444 Housing Rehabilitation Program Application and approving a resolution authorizing the submission of formal application document an or about October 24, 2003 and authorizing the Chair to sign the application document on behalf of the Board. Tara Fikes said that they held a public hearing on September 2, 2003 and no public comments were received. The program is $400,000 in Community Development Block Grant money for the repair of substandard housing. After the hearing, County officials spoke with Carrboro and Hillsborough members and the group agreed that this program should proceed as an extension of the FY 2001 program and to use the existing waiting list. They anticipate repairing approximately 15 homes at an average cost of $24,000 each. The purpose of this public hearing is to receive comment an this proposed program and to select the houses that will be repaired from the existing waiting list. Commissioner Jacobs thanked her for including the properties that might lack indoor plumbing and that they have been referred to the Affordable Housing Advisory Board. Chair Brown said that at last night's Assembly of Governments meeting that an issue came up about rental housing in the County that was substandard. There is no means to pay for the repairs of rental housing. There was no one to speak on this item. A motion was made by Cammissianer Jacobs, seconded by Cammissianer Halkiotis to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the resolution authorizing the submission of the formal application document on or about October 24, 2003, and authorize the Chair to sign the application document on behalf of the Board. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board far the June 17, 2003 Regular Meeting and the June 19, 2003 Budget Work Session. b. Appointments -None c. Property Value Changes The Board approved value changes made in property values after the 2003 Board of Equalization and Review has adjourned, with the attached changes in accordance with the resolution, which is incorporated by reference. d. Employee Health Insurance Renewal for 2004 This item was removed and placed at the end of the consent agenda for separate consideration. e. Employee Dental Insurance for 2004 The Board confirmed continuation of the County's dental insurance rates for 2004 with no increase and authorized the Personnel Director to renew the County's agreement with Delta Dental as the County's dental insurance plan administrator effective January 1, 2004. f. Classification Plan Amendment -Deputy Register of Deeds Leadworker The Board amended the Orange County Classification and Pay Plan by adding the new class of Deputy Register of Deeds Leadworker at Salary Grade 12 to recognize duties assumed by an existing position. The salary range far Grade 12 is $28,367 - $45,349. g, Criminal Justice Partnership Program Grant Acceptance The Board accepted Criminal Justice Partnership Program (CJPP) implementation grant funds totaling $165,221 from the NC Department of Correction, and authorized the Chair to sign contingent upon staff review. h. Criminal Justice Partnership Program 2003-2004 Contracts The Board approved service delivery contracts far the Criminal Justice Partnership Program (CJPP) and authorized the Chair to sign contingent upon staff review. i. Agreement Renewal Between UNC Hospitals and Orange County for the Senior Wellness Program The Board approved an agreement renewal to receive $50,000 from the University of North Carolina (UNC) Hospitals for its co-sponsorship of the Department on Aging's Senior Wellness Program from July 1, 2003 through June 30, 2004 and authorized the Chair to sign. L Continuation Agreement with the Town of Chapel Hill far Senior Recreation Services The Board approved a continuation Agreement with the Town of Chapel Hill to provide funding in the amount of $46,697 for senior recreation programs on behalf of the Town's Parks and Recreation Department; and authorized the Chair to sign. k. Joint Planning Area Land Use Plan Amendments to Correspond with the Town of Chapel Hill's Comprehensive Plan The Board adopted the following amendments to the Joint Planning Area Land Use Plan resulting from the Chapel Hill Comprehensive Plan adapted by the Town in May 2000. 1. Changing the designation of the Greene Tract from "Landfill Pending Further Study" to `Housing/RecreationlOpen Space/County Use 2. Changing the designation of land south of Eubanks Road from "Open Space" to "Low Residential." 3. Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space." 4. Changing the designation of parcels between Millhause Raad and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential." 5. Changing the designation of the parcel northwest of the Greene Tract and southeast of the existing landfill {parcel known as the "Neville Tract") from "Open Space" to "Non-landfill County use." I. Land Use Plan Amendment to Incorporate Water and Sewer Management, Planning and Boundary Agreement and Map This item was removed and placed at the end of the consent agenda far separate consideration. m. Budget Amendment #3 The Board approved budget ordinance amendments for fiscal year 2003-04 far Department on Aging, Emergency Management, Soil and Water, and Non-Departmental. n. 2003-04 School Capital Project Approvals The Board approved Level 1 capital project ordinances far Chapel Hill Carrbora City Schools {CHCCS) and Orange County Schools (OCS). o. Whitted Human Services Center Renovation -Progress Report and Request for Authorization for Additional Debt Funding to Complete the Project This item was removed and placed at the end of the consent agenda for separate consideration. ~ Percent for Art for Southern Community Park and Homestead Aquatics Center This item was removed and placed at the end of the consent agenda far separate consideration. g: Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by adding a meeting an Wednesday, October 15, 2003 starting at 5:00 p.m. at the Southern Human Services Center, Chapel Hill, North Carolina {prior to the JPA meeting at 7:30 p.m.} and to add a meeting on Tuesday, October 21, 2003 at 5:00 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina (prior to the BOCC regular meeting at 7:30 p.m.) and to add a joint meeting with the Town of Hillsborough on Thursday, October 30, 2003 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. r. Revision to HUD Cooperative Agreement for Federal Fiscal Year 2004 The Board ratified a revision of the Cooperative Agreement Between Orange County and the United States Department of Housing and Urban Development (HUD} for the Partnership Initiative Funds for Federal Fiscal Year 2004 and the signature of the Chair on the agreement. ITEMS REMOVED FROM CONSENT AGENDA: d. Employee Health Insurance Renewal for 2004 The Board considered renewal of employee health insurance plans through the North Carolina Association of County Commissioners {NCACC) Health Insurance Trust and CIGNA effective January 1, 2004; and adopt the attached health insurance rates for coverage effective January 1, 2004 including continuing the dependent subsidy at 52 percent. Commissioner Jacobs pointed out that that the Board raised the issue with the Personnel Director of looking into studying insurance benefits to domestic partners. This issue and other issues related to Orange County's employment practices would be the subject of an upcoming meeting of the Human Relations Commission, which is interested in Orange County adapting a Model Employers Program. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve renewal of employee health insurance plans with the NCACC Health Insurance Trust and CIGNA for coverage effective January 1, 2004 and to adopt the attached health insurance rates far coverage effective January 1, 2004 including continuing the dependent subsidy at 52 percent. VOTE: UNANIMOUS I. Land Use Plan Amendment to Incorporate Water and Sewer Management, Planning and Boundary Agreement and Map The Board considered adoption of a proposed amendment to the Land Use Element of the Orange County Comprehensive Plan to incorporate the Water and Sewer Management, Planning and Boundary Agreement and Map. Craig Benedict said that this map has been incorporated into the joint planning agreement with Chapel Hill and Carrboro. This item will insert the map into the countywide land use plan, which would apply to other areas of the County {Hillsborough, Efland). Commissioner Gordon asked for clarification on siting the Central Public Facilities. She wants to know whether you can site a school within the interest areas. Geof Gledhill said that a school could be sited within the interest areas. She said that the way she reads this is that a school could go outside the water and sewer boundary. Geof Gledhill said that this is exactly right and that public schools can be located in interest areas pursuant to this agreement. There would be a process to develop criteria far doing that. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed amendments consistent with the Planning Board recommendation. VOTE: UNANIMOUS o. Whitted Human Services Center Renovation - Proaress Report and Reauest for Authorization far Additional Debt Funding to Complete the Project The Board considered the status of the Whitted Human Services Center (1NHSC) renovation project and authorization for additional $475,000 debt funding to complete the project; and directed staff to include this amount in the updated five year plan for the issuance of County bands and alternative financing, to be presented during the October 27, 2003 Capital investment Plan work session; and authorize the Manager or his designee to contract with vendors for the referenced renovation work (painting, flooring, etc.) when that work exceeds the $20, 000 threshold for Board approval, except that amounts exceeding $50,000 would need Board approval. Commissioner Gordon said that this has been worked on by staff at her request to give a project cost summary. She said that the amount of money went down a little, but it does show where the costs were exceeded. The only other question is if there is any other source of funding besides alternative financing. Budget Director Donna Dean said that there is no other available money. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the expenditure of an additional $475,000 to cover costs associated with the completion of the Whitted Center renovation; and direct staff to include this amount in the updated five year plan for the issuance of County bonds and alternative financing, to be presented during the October 27, 2003 Capital Investment Plan work session; and authorize the Manager or his designee to contract with vendors for the referenced renovation work (painting, flooring, etc.) when that work exceeds the $20,000 threshold for Board approval, except that amounts exceeding $50,000 would need Board approval. VOTE: UNANIMOUS ~ Percent for Art for Southern Community Park and Homestead Aquatics Center The Board considered confirming Orange County's plans to designate 1 °~ of funds allocated far Southern Community Park and the Homestead Aquatics Center far public art and also authorizing the Orange County Arts Commission to work collaboratively with the Chapel Hill Public Arts Commissions on the public art aspects of these two projects funded jointly by Orange County and the Town of Chapel Hill. Commissioner Jacobs said that they are getting ready to embark on the aquatic center in Chapel Hill and that the Town of Chapel Hill has an ordinance requirement that 1 °k of the monies designated for capital projects be used for public art. The Board was approached to embrace this standard. He understands that the two arts commissions from the Town and the County have met and are going to be working together. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to confirm Orange County's plans to designate 1 °~ of the funds allocated far Southern Community Park and the Homestead Aquatics Center for public art and also authorize the Orange County Arts Commission to work collaboratively with the Chapel Hill Public Arts Commission on the public art aspects of these two projects funded jointly by Orange County and the Town of Chapel Hill. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Amendment to the Subdivision Regulations Regarding Street Access for Maior Subdivisions The Board considered a proposed amendment to the Orange County Subdivision Regulations, Section IU-B-3-b. Craig Benedict said that this involves an amendment to open space standards for flexible development subdivisions, that subdivisions should have access to paved, public, state-maintained streets. The amendments were approved by the Planning Board unanimously. He made reference to the administration recommendation, page two, and added, "unpaved, state maintained road". A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proposed amendment with the change. VOTE: UNANIMOUS b. Amendments to Open Space Standards for Flexible Development Subdivisions The Board closed the public hearing and considered proposed amendments to the Open Space Standards in subdivisions fallowing the Flexible Development option. Craig Benedict said that this amendment would further help in the review process to ensure that open space is distributed throughout sites to the highest degree passible. He made reference to same changes that were made by Commissioner Jacobs and Commissioner Gordon. He said that they did anticipate questions about pedestrian open space areas and whether they are paved pathways or mulch. These areas are not required to be paved. Geof Gledhill said that the amount of the pedestrian open space areas can be greater than 5%, but they only count for 5°t° of the 33°I° total open space. Commissioner Gordon asked if making this mare restrictive is a problem. She said that when this went to public hearing, the public was not told that there would be this limitation concerning the amount of pedestrian open space that could be counted as total open space. She believes that provision should go back to the public hearing. Commissioner Gordon made reference to page 10 and said that her point is that right now we are requiring either 300 feet or 600 feet between access points to open space. This means that a lot of land must be devoted to pedestrian paths which access open space. She is saying that this is too much to require. She said that, in comparison, a common standard for walking to bus stops was one quarter of a mile, ar approximately 1300 feet. She said that where the proposed ordinance says 300 feet between access points, it should be moved up to 600 feet and where it says 600 feet, it should be moved up to 1200 feet. She explained some other changes, which were outlined on her handout. She would like to make it more flexible for the developer to design and not have sa many access points. A motion was made by Commissioner Gordon to approve the staff recommendations, with the changes on her handout. There was no second. The motion failed. Commissioner Jacobs said that on page 10, the Board changed it to make it more flexible. It says approximately 300 feet and approximately 600 feet. He would rather leave it alone. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the ordinance as recommended by the staff, with the revisions (blue sheet}. VOTE: Ayes, 4; No, 1 {Commissioner Gordon -she thinks it is too restrictive with respect to the points she raised} c. Buckhorn EDD -Proposed Amendments to Permitted Use Table The Board considered correction of a text error in the EDD Design Manual and to Consider adoption of proposed amendments to the Permitted Use Table for the I-85/Buckhorn Road Economic Development District (Buckhorn EDD). Craig Benedict said that the correction of the text error was mentioning that class A goes to the Board of Adjustment. Class B actually goes to the Board of Adjustment. The more substantive correction to the EDD was adding additional uses to the I-85/Buckhorn Road EDD. These were discussed at a public hearing, and it included the addition of schools into the district as a class A special use permit. Also, allowing golf driving and practice ranges as a permitted use. Other uses were deleted such as water freight terminals, storage of petroleum products, and body shops. Also, the Planning Board did not unanimously approve this as it was stated. The Planning Board approved the special use standards for schools within the Buckhorn EDD. They approved this on a 6-3 vote. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed amendments consistent with the Planning Board recommendation. Chair Brown asked about the motor vehicle maintenance body shops and why they are going to be eliminated. Craig Benedict said that the existing use category for this is a class A special use permit. Chair Brown asked if our design standards far the EDD are strong enough or sophisticated enough to allow these types of businesses to have a good design. Craig Benedict said that our standards are elaborate and goad. He thinks that any project like this would be scrutinized enough. Commissioner Halkiotis suggested allowing these shops and putting restrictions on outside storage. The motion included this revision. Commissioner Gordon said that she does not think public schools should be in the primary EDD. She thinks, if anything, they should be in a new secondary EDD category, modified sa there is no residential. She also thinks that putting public schools in the primary EDD could be a problem with respect to economic development. However, she has been convinced that the Orange County Schools want to site their school in this area. She will vote for it even though she has reservations about it because she wants to support the school board in their choice. VOTE: UNANIMOUS d. Mill Creek II Subdivision (Section Two) -Preliminary Plan (9:40-10:00) The Board considered the Preliminary Plan for Mill Creek II Subdivision {Section Two}. Craig Benedict said that this is a 42-lot tract in Cheeks Township. The tract is on 9$ acres and involves 41.5°l0 open space. It is on Mill Creek Road near High Rock Road. The area will be designed with a central spine road. The creek is being preserved with the open space. Also, a pocket park has been added. There is also transportation connectivity. Administration recommends approval in accordance with the resolution. There is a requirement for a left turn lane and a right turn lane on Mill Creek Road. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the subdivision in accordance with the Resolution of Approval. VOTE: UNANIMOUS e. A Resolution Initiating the Project to Expand the 1997 Efland Sewer Bond Area System and to Extend Water and Sewer Utilities to Serve the Buckhorn EDD Area and Community This item was addressed before item 9-a. The Board considered a resolution authorizing staff ta: officially begin the RFP process far expanding the remaining part of the 1997 Efland Sewer Bond and Buckhorn Economic Development District (EDD) utility systems, and begin the negotiation process with the City of Mebane to become the water & sewer system utility for the Buckhorn EDD. Craig Benedict gave a PowerPoint presentation. He said that this was a resolution to initiate the project to expand the Efland sewer system part of the 1997 sewer bond area, and also to extend water and sewer utilities to serve the Buckhorn EDD. He explained the color-coded maps. The second part of this process is to begin negotiations with the City of Mebane to become the water and sewer system utility provider for the Buckhorn EDD. Also, some of the sewer grant monies in this area would likely service septic in the Buckhorn area (People for Progress}. Commissioner Gordon wants to know how the projects can be combined without incorporating the disadvantages. She also asked if the other project could go through if negotiations fall through with the City of Mebane. Furthermore, she Sliced Sirloin on Toast with salad with blue cheese dressing asked about the total costs of this project. Lastly, if Mebane annexes this, could the County avoid losing land use control? Craig Benedict said that in preliminary discussions with the City of Mebane concerning land use issues, their interests are provision of water and sewer service and annexation and potential tax base. They are not interested in the development process. Regarding the advantages of combining the projects, there will be a consultant to evaluate the options and there will be some recommendations back to the Board. County Engineer Paul Thames said that both the bond and grant money are earmarked for sewer. The provision of water to the EDD is an unfunded project at this time. There are possibilities for funding it through additional grants. There is also a possibility of funding it through an assessment process, which is where the owners pay for the installation of water lines. There are obvious advantages to coming to an agreement with Mebane to provide water and sewer in that area. The Board of County Commissioners has said that the County is not interested in becoming a utility. Commissioner Gordon asked about the source of the money for the pipes for the EDD area. Paul Thames said that when you get the backbone of the system in, public funding would not be used for the rest of the collection lines. From that point on, property owners and developers extend the utilities at their cost. John Link said that the County has been historically cautious that it is not committing County property tax toward the installation of any infrastructure except for the bonds that were voted for by the citizens. He said that they would continue to seek grants for this project. This is an important concept to put on paper and we can ga to Mebane with a basic plan. An assessment process will not be pursued for this. Commissioner Jacobs said that he wanted to adjust Craig Benedict's comment. He said that he does not think that it is just "possible" that we are going to provide sewer along Buckhorn Road; we "made" the commitment to provide sewer to this area. In this case, the federal government is matching the grant. Chair Brown asked what Commissioner Jacobs meant by the County was taking the responsibility to provide sewer in this area. Commissioner Jacobs said that the situation is that it is a neighborhood that has septic problems and had asked for assistance, and Mebane was willing to provide help if someone else paid for it. This was part of the basis upon which Congressman Price was able to sell the $900,000 grant, because it served an EDD purpose and the purpose of providing for this discrete area. Commissioner Jacobs continued with his points and said that he has never seen the EDD identified before as 900 acres. This is larger than he remembers. Craig Benedict said that 900 acres includes right-of-way for I-8511-40, which is over a few hundred acres. There are also open space acres. Commissioner Jacobs said that most places in the abstract it says that the Efland sewer bond was $1.2 million, but in the financial impact it says $1.3 million. Paul Thames said that prior to the sewer band, the County Commissioners set aside $100,000 far consultant work and master planning for this project, and this has always been included for the project. Commissioner Jacobs asked that a sentence be added to this effect. Commissioner Jacobs asked the Manager if they have contacted Orange-Alamance by phone or in person to let them know that this is going on. John Link said that they have not contacted Orange-Alamance or Mebane because they were waiting on the word from the Board. Commissioner Jacobs asked if Mebane had a policy about extending water and sewer together. Paul Thames said no and most municipal utilities like for them to go together, but it is not always necessary. Commissioner Jacobs said that his only hesitation is this issue of annexation. He said that there has been some good progress working with Mebane and he hopes that agreements can be developed on how to proceed in the EDD and to try and get closer to some kind of joint planning agreement. Chair Brown asked about the extension of sewer on Buckhorn Road. These are residential properties, but the EDD is set up to be commercial and non-residential. She asked if it was possible, with the extension and connection of sewer, for the lots to be subdivided and have a higher density. Craig Benedict said that the existing land use pattern would be residential, but the future land use pattern is EDD on one side and commercial, industrial activity node on the west side of the road. They would anticipate it serving a residential purpose now and possibly a commercial use in the future. There is no high-density residential planned for the EDD. Changes to the Resolution: Commissioner Gordon made reference to the resolution and added under paint #1 in the "Now, Therefore" statement: "With the addition that there will be provided the cast estimates with each of the items as appropriate." Also, between three and four, she would like a checkpoint and have the staff come back and report as follows: "The County Commissioners will review the results of 1, 2, and 3 and the staff will at that paint develop a scope of work and a cost estimate for the remainder of the project, that is, the amount above $2.2 million." Commissioner Jacobs said that the change made to #1 achieves what was inserted between 3 and 4. Commissioner Gordon said that she wanted a checkpoint. John Link said that they could craft the language so that it would not be redundant. Commissioner Jacobs added to #3: "....necessary inter-local utility extension, land rase, and annexation agreements with the City of Mebane." Commissioner Jacobs made some word changes. The first "whereas", #2, take out the word "still." In the second "whereas", #1, do not capitalize "school boards". Also, on #2, it should say "a new middle school", and not "an". A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiatis to adopt and authorize the Chair to sign the resolution as stated below and as amended above: A Resolution Initiating the Project to Expand the Efland Sewer System into the Area Defined by the 1997 Efland Sewer Bond and to Extend Water and Sewer Utilities to Serve the Buckhorn Road EDD and Community WHEREAS, Orange County has a central role in protecting public health within the entire County and providing far economic development opportunities in the unincorporated portions of the County; and has developed and continues to own and operate the Efland sewer system which was created to address failing septic tank/public health issues in Efland; and recognizes that there remain unaddressed failing septic tanklpublic health issues affecting the citizens of central Efland; and 3. has historically committed to addressing the failing septic tanklpublic health issues in central Efland; and 4. the Orange County voters approved a $1.2 million bond issue in 1997 to help finance an extension of the existing Efland sewer system to address the failing septic tankJpublic health issues in central Efland; and WHEREAS, Orange County has a role in helping locate schools on appropriate sites having desirable characteristics such as compatibility with County land use planning and having readily available water and sewer utility services; and 1. County elected officials and staff have worked with the County's school boards to identify desirable characteristics of school sites and have developed a collaborative process far identifying and evaluating school sites; and 2. the Orange County School Board has identified the Efland community as the area where a new middle school would best meet the needs of the school population in the district; and 3. the Orange County School Board staff has worked with County Planning and Land RecordslGlS Departments to narrow the site search for Orange County Middle School #3 to an area outside of Efland but within the Orange County Service Area of the Water and Sewer Management Planning and Boundary Agreement and Map; and 4. the Orange County School Board has identified a potential school site within the I- 85lBuckhorn Road Economic Development District (hereafter "the EDD") and adjacent to the core elements of a proposed wastewater collection system intended to serve the EDD; and 5. the BOCC has approved the Orange County School Board's request for funds to secure options on property for a potential Efland middle school site in the EDD and the Board of Education has in fact acquired these options; and 6. the projected Fall 2006 opening for a new Orange County Schools middle school puts time constraints on school site acquisition, school design, school construction activities and whatever utility construction is required to ensure that water and wastewater utilities are available to the site; and WHEREAS, Orange County has long been involved in the processes of dealing with public health and economic development issues in the Efland-Cheeks community; and the County recognizes that there are failing septic tanklpublic health issues affecting the citizens residing in the community along Buckhorn Road {hereafter "the Buckhorn Road community"); and the County has agreed to help address the water supply and failing septic tanklpublic health issues in the Buckhorn Road community; and 3. the County, having recognized the need to diversify its tax base and enhance employment opportunities for its citizens, has created three economic development zones or districts, including the EDD, zoned them for appropriate non-residential uses, and created development standards for each; and 4. the Buckhorn EDD contains approximately 900 acres along the north and south sides of Interstate 85!40 east of the Buckhorn Road interchange; and 5. the zoning and land use aspects of the EDD are consistent with the availability of water distribution and wastewater collection utilities; and 6. the County recognizes that providing at least the core elements of water and sewer infrastructure to the EDD will help promote non-residential development in the Buckhorn EDD, which will in turn help to stabilize and make permanent zoning of the Buckhorn EDD; and 7. the County has secured a $900,000 Environmental Protection Agency (EPA) grant for the construction of portions of a wastewater collection system that could provide the core of wastewater utilities far the EDD and could also provide wastewater collection for the Buckhorn Road community and for the proposed middle school site; and 8. the County's EPA grant is a matching fund grant which the County will match with proceeds from the 1997 Efland Sewer Bond; and 9. the use of the Bond funds as the match for the EPA grant requires that both the bond funded project and the grant funded project be configured such that system design and construction activities be carried out as two sections or phases of a single project and adhere to the rules and requirements of EPA funded utility projects; and 10. Orange County and the City of Mebane have previously cooperated to provide municipal utility service to economic development areas to the mutual benefit of both the City and County; and 11. County officials and staff have held discussions with City of Mebane officials and staff about the engineering feasibility of, and the City's willingness to allow, the extension of City water distribution and wastewater collection utilities to the Buckhorn Road community and the EDD; and 12. City of Mebane and Orange County officials and staff have determined that extending City water distribution and wastewater collection utilities to the Buckhorn Road community and the EDD is feasible and offers significant benefits to the County, the City and the community; and 13. the County wishes to ensure that its adopted development standards for the EDD and the integrity of the County Land Use Plan for the area surrounding the Buckhorn Road community and the EDD remain intact regardless of the availability or ownership of water and wastewater utilities, and: 14. the County wishes to ensure that the integrity of the Efland Community is not compromised and that it remain distinct from the EDD and the Buckhorn Road community; and 15. the City of Mebane desires to secure the right of annexation to property to which it provides municipal utility service and needs to control by virtue of ownership the use, operation, maintenance, rate and fee structure, etc., of the utility infrastructure and service it provides; and 16. accordingly, if the City is to provide water and wastewater service to the EDD and The Buckhorn Road community, it will assume ownership of the completed infrastructure and provide the operation and maintenance of the systems. NOW, THEREFORE, the Orange County Board of Commissioners, does hereby resolve to: 1. Approve the scope of utility planning, development and design work as generally outlined in ATTACHMENT "A" with the addition of cost estimates, as appropriate; and Direct County staff to move forward with the process of soliciting proposals for utility design consultants and selecting a design consultant on the basis of those proposals; and 3. Direct County staff to move forward with the process of developing, negotiating and submitting for Board approval the necessary interlocal utility extension, land use and annexation agreements with the City of Mebane; and 4. Staff to provide a report and Plan to Board of County Commissioners for comment; and 5. Direct the County staff to move forward with developing financing strategies such as utility assessments or acquiring additional grant funding for utility extension costs not addressed by funds available from the EPA grant or Efland Sewer Bond; and 6. Direct the County staff to undertake a public education campaign to advise citizens and property owners who will benefit from the availability of the expansion of utility service in the Efland-Cheeks community about what costs of that expansion that they may be required to bear. This, the 1st day of October, 2003. VOTE: UNANIMOUS 10. REPORTS -NONE 11. CLOSED SESSION A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to go into closed at 10:35 p.m. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143- 318.11(a)(5). VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to go back into open session at 10:50 p.m. VOTE: UNANIMOUS 12. ADJOURNMENT A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting at 10:55 p.m. VOTE: UNANIMOUS Margaret Brown, Chair Donna 5. Baker Clerk to the Board