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HomeMy WebLinkAboutMinutes - 20040304APPROVED 5/4/2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 4, 2004 The Orange County Board of Commissioners met in regular session on Thursday, March 4, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissioners Margaret Brown, Moses Carey, Jr., Alice M. Gordon, COUNTY COMMISSIONERS ABSENT: Stephen Halkiotis 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. Vice Chair Brown called the meeting to order since the Chair would be arriving later. 1. Additions or Changes to the Agenda For item 9-a, there was some additional information only. PUBLIC CHARGE Commissioner Brown dispensed with the reading of the public charge. 2. Public Comments a. Matters not an the Printed Agenda Mark Peters spoke on behalf of NoMerger.org. He read information that is on this website: NoMerger.org has published a spreadsheet analyzing the stated positions of all speakers from the 3 public hearings regarding possible merger of the city and county schools of Orange County. Moses Carey, Jr. stated in the Feb 12th BOCC meeting that 35°~-40°Io of the people speaking at the hearings were in favor of merger. Our analysis shows that this figure is incorrect. After counting each speaker who spoke at multiple hearings only once, we found that only 25°~ were for school merger. By contrast, 64% were AGAINST merger, and 11 % were neutral. This means there were 2 112 TIMES as many speakers AGAINST merger as FOR it. NoMerger.org calls on the BOCC to represent the will of its constituency and officially vote to take merger off of the table and focus on implementing recommendations of the studies which are soon to begin. However, we have a serious concern that the current studies are intended to hide merger from the citizens and voters until the election is over. We call on all the Board of County Commissioners to pledge to respect local control of the separate school districts. Mr. Peters left a copy of the spreadsheet with the Clerk. Commissioner Carey commented that the numbers he gave were from tallies that he personally took when he made notes during the public hearing. He said that he knows what he wrote down. Mark Peters said that they took every speaker at every hearing in order. He just gave a summary of the total. He referred to the website and said that they had the benefit of the transcript. Doug Schworen, President of the Sunrise Coalition Board, said that this coalition was farmed in February 2003 in response to the purchase by Habitat for Humanity of Orange County (HHOC) of a 17-acre parcel on Sunrise Road. The parcel is at the northern end of Chapel Hill and adjacent to I-40 in the joint jurisdictional planning area. On February 2"d, each of the County Commissioners was sent a package of information from the coalition. He asked that the County Commissioners read the package and meet with them. They believe that it is important for County leaders and citizens directly impacted by this development to maintain a meaningful dialogue. On February 25t", he met with Sharron Hinton and they wrote a letter to John Link and copied the County Attorney, the Clerk, the Director of Community Housing, and all County Commissioners. He said that they believe that any request for funding by HHOC without an approved concept plan, formal application, final plan application, approved site plan, and permits is premature. The public funding should not be provided prior to the approval of site plans and permits, given the fact that the Tawn of Chapel Hill and Orange County are the regulatory authorities that will be approving the site development plan. Additionally, HHOC must meet the requirements of the development agreement with Orange County and they must involve the surrounding community in the development plans in a meaningful way. They also ask that Orange County provide the Sunrise Coalition written notice of all requests for funding by HHOC for the Sunrise Road development, and HHOC's intent to request funds for the Sunrise Road project at public Orange County meetings. Commissioner Brawn said that the County Manager would respond to his letter. Brook Johnson read a prepared statement, which follows: I stand before you tonight as my wife did 15 months ago to ask your help in resolving our tax problems related to the change of the Orange-Chatham County line in the Clearwater Lake neighborhood. As it turns out, the joint resolution that we, our neighbors (the Niemitz's}, and indeed the Orange County Tax Collector, relied upon in making our decisions to continue paying (and in the case of your tax collector, continue billing for} Orange County taxes is not a legally binding document. Chatham County na longer recognizes the resolution. Our neighbors and we have asked the Orange County Manager's office to work with you and the Chatham County Commissioners to create a new bubble in the line that would encompass our properties. This would be a perfect, simple, legally binding solution to two and a half years of unfairness and heartache over this issue. It could be done very quickly if all parties would agree and it could be submitted to the legislature for approval with the other already agreed upon property bubbles. We ask you tonight to pursue this issue more aggressively and to stand up on our behalf as you and Chatham County did 15 years ago when you agreed to a bubble far an Orange County farmer and property developer. According to one of your County staff members from that era, the residents of the Clearwater Lake neighborhood were told they didn't need to request a bubble in 1989 because the joint resolution would protect us. Unfortunately, it is not protecting us. In fact, it is doing much more harm now than it would have, had it not been passed in the first place. It seems that the honorable chair of your group could quite easily meet with the chair of the Chatham County Commissioners (tomorrow!) and persuade him to bubble in our properties to avoid harming two families of loyal, innocent taxpayers. What has happened is not our fault and we and everyone who knows about our situation believes it is the counties' responsibility to right this wrong. My wife and I now want to sell our house and we want the fair market value of the house we purchased 12 years ago, in Orange County and in the Chapel Hill school district. We also don't want to be bitter about having paid over $10,000 in unnecessary taxes because we were unfairly billed by Orange County. Please make this issue a priority; please do what is so obviously right and fair; and please do not delay any longer. The statement had the following names typed at the bottom: Brooke Johnson, Janet Mousley, Anna Niemitz, and Ben Niemitz. Anna Niemitz said that Brooke Johnson had said everything for them and they were shocked to find that the resolution was not binding. They have been pursuing this and hoping that some kind of fair resolution would be reached for all of them who were affected. Commissioner Brown said that Chair Jacobs will arrive in a few minutes and Commissioner Halkiotis is out of town. Commissioner Carey asked haw many families this county line issue affects. Brooke Johnson said two families. John Link said that staff is aware and sensitive to this issue. He said that Commissioner Brawn, who was Chair at that time, and the staff met with the Chair of the Chatham County Commissioners and staff last year and the ball is in the Chatham County court. It takes bath counties to agree, and Orange County is ready to continue with the commitment. He was in the group in 1989 and he knows exactly what they agreed to at that time. The commitment was that where they had agreed the bubbles would be, then they would carry with the property and not just with the owners. He suggested that the two families also appear before the Chatham County Commissioners and take their neighbors with them. Commissioner Brown said that she remembered at the meeting that the Chair of the Chatham County Commissioners agreed to what the Manager just said and that the properties would be protected. Commissioner Carey said that he remembers getting a report back about the meeting and that everything was resolved. The Chair of the Chatham Board is the same now. Assistant County Manager Rod Visser said that there are about two dozen parcels that have been identified along the county lines, not just in the Clearwater Lake area, that are either partially in Orange County, partially in Chatham County, or fully in one or the other and may have been taxed by the other County before the 1989 agreement. These two families are the most concerned about it. He said that when they met last year with Chatham County, the agreement they tried to reach was related to having a sunset provision added to the existing 1989 resolution. The problem is that it did not provide the residents the protection they were looking for. The residents' concern is the valuation of their property. The legislative task force has this item as a potential issue. Brooke Johnson said that he has been to the Chatham County Commissioners three or four times in the past two years. He thinks that it will take the two chairs getting together. They are taxed by both counties and it has gone on since 2Q01. Rad Visser said that Orange County has it on their legislative agenda, and the key is to get Chatham County to do the same. Joe Talley spoke and he represents a group from Hillsborough Presbyterian Church. He commended the County Commissioners for their support for affordable housing in Orange County. He encouraged all of the church-related people to come forward and make similar statements of support for affordable housing. He said that they believe that it is terrible if you work 40 hours a week in America at the minimum wage and are still not able to afford a place to live for your family. He encouraged the Board to continue their work in affordable housing. He presented a petition. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.} 3. Board Comments Commissioner Gordon said that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee (TAC) and the Capital Area Metropolitan Planning Organization (CAMPO) TAC are going to be talking about improved regional cooperation. A subcommittee will meet tomorrow at the COG offices to talk about this improved regional cooperation. There is going to be a transportation summit with all of the members of CAMPO and DCHC on March 31st now scheduled from 2:00 to 5:00. She will notify the County Commissioners of the place of this summit. Commissioner Gordon said that the TAC far the DCHC will have a meeting an March 10t" at 7:00 p.m. at Durham City Hall in Council Chambers for a public hearing on the regional priority list. Commissioner Gordon said that the TAC members from Orange County would meet with Doug Galyon, BOT Member for Division 7, to discuss the Orange County items an the Transportation Improvement Program. The meeting will be in Raleigh on March 30t" Commissioner Gordon said that the TTA and the TAC are continuing to discuss Phase II regional rail and transit projects. Chair Jacobs arrived at 7:55 p.m. Commissioner Carey said that the Board appointed him to be the Board of County Commissioners' member an the animal shelter operations task force and the group has worked diligently and they are dedicated to this process. The first set of recommendations they will be making revolve around the governance and structure far the shelter and they will have a public listening session on March 17t" at 7:00 p.m. at the Southern Human Services Center on Homestead Road. After the public listening session, the task force will meet again and finalize their recommendations. They will be advertising the listening session with flyers and they will send flyers to veterinary offices, pet supply outlets, the media, and radio outlets. The listening session will be videotaped by The Peoples Channel and it can be seen at a later date. The public can get information about this task force on the County's website: www.co.orange.nc.us/animalshelter/index.htm. There is also an email address for comments: animalshelterCa7co.orange.nc.us. Commissioner Carey said that there are five Commissioners that serve an a public health task force that was appointed by the Secretary of the Department of Health and Human Services. The task force grew out of a bill that was passed in the Senate, but it was not passed in the House. It called for a restructuring of public health in the State. The recommendations have been finalized. He distributed a copy to the Board. This group will have three public sessions -one in Greeneville on March 4`", Asheville on March 10t", and Winston-Salem on March 11t". All will be held from 1:00-4:00 p.m. He plans to go to one of them and make some comments. The recommendations will have significant implications for county government and the NCACC will weigh in on this. Chair Jacobs said that the State of the Economy Breakfast is on March 9`" at 7:15 a.m. at the Carolina Club. Chair Jacobs said that he gave the Clerk some information on some regional efforts regarding air quality. The County is going to be invited to participate or endorse some alternatives to anticipate some efforts that the State might mandate with EPA. There will be a packet of information coming soon. Chair Jacobs asked Commissioner Gordon about something he read about the MPO and that it is considering changing its boundaries to take in more of Orange County. Commissioner Gordon said that she could not speak to this because they have not made any proposals. Chair Jacobs asked her to find out more information about this for the Commissioners. 4. County Manager's Report John Link asked Environment and Resource Conservation Director Dave Stanch and his staff to come to the podium and be recognized because they recently won a significant award. David Stanch said that he attended the North Carolina Chapter of the Soil and Water Conservation Society's annual meeting. He said that the ERCD had worked closely with Soil & Water Conservation to protect farmland in Orange County and that they had nominated their department for this joint effort and for other protection of natural areas throughout the County through the Lands Legacy Program. The Unit of Government Award was presented to the Orange County Environment & Resource Conservation Department from the Soil & Water Conservation Society for outstanding achievement and contribution to resource-related programs. Dave Stanch also recognized Brent Bogue, Gail Hughes, Rich Shaw, Beth Young, Margaret Jones, and Tina Moon. 5. Resolutions or Proclamations a. Women's History Month The Board considered recognizing March 2Q04 as Women's History Month with a proclamation and authorizing the Chair to sign. Interim Director Milan Pham introduced Latticia Burns and Josephine Long from the Commission far Women. Chair of the Commission for Women Latticia Burns thanked the Board of Commissioners for their continued support for women and human relations. The Commission for Women will be hosting a luncheon for women on March 21St at 11:30am at the Southern Human Services Center. This celebration will be a kick off for an active year for the Commission for Women. In April, they will host a women's forum on the State budget. In May, the Commission for Women will sponsor Women's Advocacy Day with 35 other women's organizations across the State. In October, they will be hosting the Women's Agenda Assembly. There is also talk of hosting the 20Q5 Vagina Monologues as part of the worldwide V-Day initiative. Josephine Long read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to recognize March 20Q4 as Women's History Month with a proclamation and authorized the Chair to sign as stated below: WOMEN'S HISTORY MONTH PROCLAMATION WHEREAS, American women of every culture, class, and ethnic background have made historic contributions to the growth and strength of our community and Nation in countless Ways; and WHEREAS, American women have played and continue to play a critical economic, cultural, educational and social role in every sphere of our lives by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, American women have played a unique rate throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; and WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and WHEREAS, American women of every culture, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and WHEREAS, the Orange County Board of County Commissioners on March 25, 1976, established the Orange County Commission for Women to promote the growth and development of all Orange County women and the Commission has been doing that for more than 25 years; NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North Carolina hereby proclaim March 2004 as "Women's History Month" and commend this observance to Orange County residents. THIS THE 4t" DAY OF MARCH, 2004. VOTE: UNANIMOUS Chair Jacobs pointed out that of Orange County employees, 55°~ are female. b. Severe Weather Awareness Week The Board considered designating the week of March 14 through 20, 2004 as Severe Weather Awareness Week in Orange County and encouraging residents to learn more about severe weather preparedness. Emergency Management Specialist Eric Griffin said that March through May is the most likely time for the County to experience severe weather. He made reference to the brochure, Funnel Facts. Media services are also providing safety tips. He explained a tornado watch and tornado warning. Their office has distributed 475 NOAA weather radios to public facilities in the County. These radios automatically activate in the event of a weather warning by the National Weather Service. He encouraged all citizens to purchase these radios. Most electronic stores have the radios far about $40. Also, public schools throughout the State will be holding tornado drills as part of the severe awareness week. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below designating the week of March 14 through 20, 2004 as Severe Weather Awareness Week in Orange County and encouraging residents to learn more about severe weather preparedness. A PROCLAMATION SEVERE WEATHER AWARENESS WEEK March 14 through 20, 2Q04 WHEREAS, Governor Michael F. Easley has proclaimed the week of March 14 through 20, 2004 as Severe Weather Awareness Week, and WHEREAS, Orange County is vulnerable to severe weather, including the devastating impacts of tornadoes, and WHEREAS, Tornadoes and severe weather occur in North Carolina each year, and WHEREAS, The need for residents to learn more about severe weather and how to protect themselves should be emphasized, THEREFORE, The Board of County Commissioners hereby proclaim the week of March 14 through 20, 2004, as Severe Weather Awareness Week, and encourage all residents to learn mare about tornadoes and be aware of the dangers of severe weather, especially during the spring season. Adapted this 4th day of March, 2004. VOTE: UNANIMOUS 6. Special Presentations-NC7NE 7. Public Hearings a. CDBG Housing Development Program -Richmond Hills The Board received citizen comments prior to official closeout of the County's Richmond Hills Housing Development Program and considered authorizing execution of the Certificate of Completion by the Chair of the Board of Commissioners. Housing and Community Development Director Tara Fikes said that in 2001 the County received $250,000 in State Community Development Block Grant funds to provide assistance to Habitat for Humanity to facilitate the construction of phase 1 of the Richmond Hills subdivision in Efland. Approximately 25 houses were planned for phase 1. Under a subsequent grant agreement, Habitat agreed to sell 18 of these homes to persons who were eligible for TANF and who were also first-time homebuyers. Habitat exceeded the goal and actually sold a total of 25 homes to TANF eligible families. At this time all CDBG funds have been expended and all planned activities have been completed. The State requires a public hearing to close out the grant process. Public Comment: Susan Levy, Executive Director of Habitat far Humanity, thanked the Board for being with them through the Richmond Hills project and to celebrate a success story. She acknowledged the people in attendance (homeowners, Habitat board members, and Habitat staff}. She said that Rich Leber asked her to tell the Board thank you because he could not be in attendance. She said that Richmond Hills is home to 30 families, and in the families there are 49 children who were living before in substandard housing. In the near future, the subdivision will be home to 43 families who will be living in homes that will remain affordable for 99 years. She said that the County could be pleased about its investment in Richmond Hills. She listed the organizations that helped build the homes in Richmond Hills. She thanked the Board for its continued support in other projects. She invited the Board to attend the presentation on the Sunrise Road project on March 11th that will be held at the United Church of Christ. She introduced Allison Coleman, President of the Richmond Hills Homeowners Association. Allison Coleman thanked the Board for approving the funds for Richmond Hills. She said that even people that make two and three times minimum wage couldn't afford to buy a home in Orange County. She is thankful that the community worked together to build the homes. Sue Harvin said that she came 2'/ years ago to the Board of Commissioners as board president of Habitat. She wanted to thank the Board for its support of Richmond Hills. She said that the only reason all the people came tonight was to thank the Board. John Terrell, President of Habitat for Humanity, thanked the Board for the support for affordable housing and belief in them and the county residents. A motion was made by Commissioner Brown, seconded by Commissioner Carey to close the public hearing and to officially close out the County's Richmond Hills Housing Development Program and authorize execution of the Certificate of Completion by the Chair of the Board of Commissioners. VOTE: UNANIMOUS Chair Jacobs said that they also thank the people in attendance and the members of Habitat for Humanity, as well as the voters of Orange County who approved the bond money. Commissioner Gordon said that she is touched that they all came to the meeting. b. Annual Public Housing Agency (PHA) Plan -Section 8 Housing Program The Board conducted a public hearing and considered approving submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorizing the Chair to sign the Certification of Compliance/Board Resolution on behalf of the Board. Tara Fikes said that the U. S. Department of Housing and Urban Development requires all agencies that operate section 8 housing assistance programs to prepare afive-year public housing plan and to submit an annual plan each year thereafter. Orange County submitted the five-year plan in January 2001 and each year it has submitted an annual plan. The section 8 program serves approximately 623 families in Orange County, including the Towns of Carrboro, Chapel Hill, and Hillsborough. The annual plan does not differ substantially from last year's plan except that HUD did approve 24 vouchers for the Club Nova apartments in Carrboro. The apartments are scheduled to be constructed behind the Club Nova building and should be available for occupancy in November 2004. The 24 vouchers must be used from the existing pool of vouchers. As people leave the program, the vouchers will be directed toward the Club Nova apartments. The plan is available for public comment for 45 days that ends April 15t". Public Comment M. Wadleigh Harrison said that she has a family member that is mentally ill and disabled and for more than two years she has gone to the affordable housing office to apply for section $ vouchers. She has been told every time that the waiting list is closed. She wants to know haw to get the local office to apply for more vouchers. She said that the population growth alone in Orange County warrants more vouchers. She said that the Orange County office says it is powerless to alter any of the standard procedures set out by the federal agency. She said that there are local policies that are allowed within this voucher program so that each individual agency may design its own local policy. She said that Durham does this. Also, the American Disabilities Act provides for reasonable accommodations for the disabled. Currently, mentally ill and disabled people are required to process the paperwork themselves and in person. These people can fall off the waiting list because they are unable to get there for one reason or another. She said that there are many issues that need to be addressed with section 8 housing, particularly relating to the mentally ill with disabilities. She said that her son was told, when he was being dismissed from UNC Hospital, that it was a suitable placement for him to go to the homeless shelter. Commissioner Brown said that she would like to address these issues. Chair Jacobs said that there is a letter from Ellen Perry (copy} that will be entered into the record and to get a response from Assistant County Manager Gwen Harvey. Tara Fikes said that they did close the waiting list in October 2001 because the list had 1,037 persons on it and there was very little turnover. They felt that it was not fair to continue to receive applications when there was such a long waiting list. The wait was sometimes 3-4 years ar longer. She said that they have applied for more vouchers but there has been very little growth in the section 8 program because it depends on federal funding. There are approximately 494 families on the waiting list today. Commissioner Brown said that at the NACo conference in Washington last week, she went to sessions on mental health and affordable housing and she brought up housing for the mentally ill but was told that this Administration is not favoring any increase in vouchers or money far affordable housing. Tara Fikes said that after seeing the proposed fiscal year 2005 budget she is concerned about maintaining the program as it is. Commissioner Brown said that their affordable housing bond has been used very well to make housing available to the disabled, such as Club Nova. Commissioner Carey asked about the last time that the County applied for new vouchers and Tara Fikes said 1999. Commissioner Carey asked if there was a formula for when to apply again. Tara Fikes said that they just watch for a Notice of Funding Availability. She said that last year there was an opportunity to apply for vouchers for the disabled, but now they require an extensive amount of support services to come from a local non-profit. Chair Jacobs asked about the waiting list and Club Nova units. He asked if the waiting list could be opened to people who might have mental handicaps. Tara Fikes said that those units were for people with disabilities. She said that if there were no disabled persons on the waiting list, then it would have to be reopened. Chair Jacobs asked Tara Fikes to check the waiting list for disabled people so that it can be advertised that there are openings. Susie Aragona, a Club Nova staff member, asked if they submit written feedback by the April 15th deadline, if it will be incorporated into the plan. She wants more details about the process of public feedback. Tara Fikes said all comments submitted would be put in the annual plan and submitted to HUD. The staff will come back after April 15th with all comments as well as the timeline of opening the waiting list. 8. Items far Decision--Consent Agenda A motion was made by Commissioner Gordan, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes from November 5, 2003, November 18, 2003 and January 31, 2004. b. Appointments -None c. Housing Rehabilitation Contract Award The Board awarded one housing rehabilitation contract far the HOME Program Housing Rehabilitation Program at 420 Northside Dr., Chapel Hill for $22,375 to Silver Fox Enterprises. d. Budget Amendment #9 The Board approved budget ordinance and school capital project amendments for fiscal year 2003-04 for Arts Commission, Department on Aging, Chapel Hill-Carrboro City Schools High School #3, and Governing and Management -School Collaboration Facilitation. e. Change in BOCC Regular Meeting Schedule This item was revised later in the meeting. The Board amended its regular 2004 meeting calendar by: - changing the location of the Joint Meeting with the Town of Hillsborough, at the request of the Town of Hillsborough, scheduled for Monday, March 22, 2004 at 7:30 p.m. from the Government Services Center to the Town Barn, 101 East Orange Street, Hillsborough, North Carolina; and -changing the location of the Thursday, March 18, 2004 BOCC Work Session, starting at 7:30 p.m. from the Government Services Center to the Southern Human Services Center, 2501 Homestead Road, in Chapel Hill, North Carolina; and - adding the location for the Legislative Breakfast, which will be held on Monday, March 29, 2004 at 8:00 a.m. at The James Pharmacy, 111 North Churton Street, Hillsborough, North Carolina; and -changing the location of the June 21, 2004 budget work session from the Southern Human Services Center, in Chapel Hill to the Government Services Center, 200 South Cameron Street, Hillsborough, North Carolina. f. Notice of Public Hearing on Orange County's 2004 Legislative Agenda The Board directed the Clerk to the Board and the County Manager, on behalf of the Board of County Commissioners to publish a notice of the Board's intent to hold a public hearing on March 16, 2004 at 7:30 p.m. at the Southern Human Services Center on Homestead Road in Chapel Hill, North Carolina to receive public comments on potential items for inclusion in Orange County's legislative agenda package for the 2004 North Carolina General Assembly Session and to discuss potential items/projects for federal funding assistance. VOTE ON CONSENT AGENDA: UNANIMOUS 9. Items for Decision--Regular Agenda a. PD-1-03 State Employees Credit Union Addition Planned Development Rezoning and Class A Special Use Permit The Board will consider closing the Public Hearing, hearing recommendations and then making a decision regarding the State Employees Credit Union's proposed Planned Development rezoning and Class A Special Use Permit far expansion of the existing facilities. Planning Director Craig Benedict made this presentation. There are four action items: First is to close the public hearing; second is to hear recommendations that include conditions for approval; third is to act upon a rezoning, which is a legislative decision to change the existing zoning of the property (Economic Development DistrictlLimited Office District 1 to Planned Development Economic Development District/Linear Office); and fourth is the class A special use permit if the zoning is approved. There are a few changes since the public hearing. He made reference to the handout that has to do with NCDOT saying that they plan to fully fund the right turn lane on Oakdale Road onto Old 86, and if the funding comes up short, the applicant has agreed to add additional funding up to $25,000. Also, the landscape plan for the phase 2 area has been upgraded to include five-inch caliper trees and 18-foot tall trees. There are three recommendations: Administration Recommendation: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the attached Resolutions of Approval Version One, which includes a condition that access entrance on Old NC 86 be immediately changed to a right inlright out entrance. Planning Board Recommendation: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the Attached Resolution of Approval Version Two, which includes a condition that access entrance on Old NC 86 be changed to a right inlright out entrance only when the level of traffic at the intersection of Oakdale Drive and Old NC 86 exceeds a Level of service D, Planning Staff Recommendations: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the attached Resolution of Approval Version One, which includes a condition that access entrance on Old NC 86 be immediately changed to a right inlright out entrance. Commissioner Gordon verified with Craig Benedict that there were only two changes. Craig Benedict said that the only other change was made today, and that is condition 12, which was the handout. Chair Jacobs asked about the accident report on page 111. He verified that the intersection that NCDOT is talking about having no accidents is the driveway coming out of the Credit Union and Old 86, but within 150 feet, there have been seven accidents. Craig Benedict said yes, that is his understanding. Chair Jacobs asked about the stub-outs. He asked if one stub-out would allow Millstone to connect to the back of property. Craig Benedict pointed out the alignment on a map. Chair Jacobs asked about memorializing the access and said that it is too bad that we do not do this more in North Carolina. He wants to make it clear that this is the direction we are going. Craig Benedict said he will do a proposal and staff can pursue an access management plan. Chair Jacobs asked that the property owners be kept informed that this is being discussed. Chair Jacobs said that the Planning Board brought up the issue of storm water detention. There was a comment made about people complaining of unsightly storm water retention ponds. He asked if the second storm water retention pond would be underground and Craig Benedict said yes. The existing one will stay. He made reference to West Nile Virus and asked if there had been any discussion about remediating the pond. Craig Benedict said that they would landscape around the pond. There has also been discussion about a bio-retention filter where the water would not stay in there as long and there will be a permeable layer so that the water will be soaked under even in the existing pond. Chair Jacobs said there was a discussion by the Planning Board about native plants. He thought this was something that was dealt with years ago. This is on page 106. He asked about the standards and if Orange County requires native vegetation. Craig Benedict said that they do have a list of preferred trees and there is a placeholder within the new special use standards that speaks about xeriscaping. The applicant has agreed to bolster the native tree count. Chair Jacobs asked why they were giving DOT a deadline with the turn lane. Craig Benedict said that part of the discussion was how long the Credit Union would be responsible for having a $25,000 contribution. This was the Credit Union's suggestion. It can be a longer time period. In discussions with DOT, they said they had planned to put it in the short term. The two-year time frame seemed reasonable. Applicant: Jay Smith, designer representing SECU, said that they have had constructive comments about condition 12 with the staff. He made reference to condition 5. In the Planning Board version, version 2, it was their recommendation "that the access entrance on Old 86 should be changed to a right in-right out entrance when the level of traffic at the intersection of Oakdale Drive and Old 86 exceeds a level of service D." He said that their driveway is a safe functioning driveway and the Credit Union's wish is that the Board goes with version 2. The Credit Union will construct the right in-right out when the service deteriorates or warrants it. They are not against a right in-right out; they are just against it at this time. They are in favor of all of the other conditions. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS Craig Benedict said that the first decision for the Board of Commissioners to consider is to rezone this property from the existing EDILO1 to the Planned Development District. Geof Gledhill said that his recommendation is to work through the special use permit first before taking action on the rezoning. Chair Jacobs made reference to page 8a and said that he would make two changes. One is on number 8 - "The applicant shall deconstruct the existing house and accessory structure on the site." Also, on the new handout, he would take out the time limit far NCDOT. Chair Jacobs said that the does not see eye to eye with version 2, but he thinks it is pretty close. Commissioner Gordon said that if NCDOT is ready to construct this, then it is more likely to happen now than at some time in the future. Chair Jacobs said that when they met on February 12th with NCDOT representatives, they brought up this project. NCDOT said that they had identified the money to do the right in-right out. The idea is that it would be sooner rather than later. He thinks that, as government officials, they should give the benefit of the doubt to the government. John Link said that the Administration's recommendation on item 5 is right out and right in only sa that when you are leaving the Credit Union, you are going to turn right only. If you want to go back into Hillsborough, you go around the bank at Oakdale and then take a left on Old 86. Chair Jacobs said that someone mentioned Waterstone in these documents, which is a 330-acre development down the road that will have a tremendous impact on Old 86. The development has not been approved yet by Hillsborough, but the Hillsborough Planning Board recommended approval. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the resolution on page six, which would rezone the property from Economic Development -Limited Office 1 (ED-LO-1} to Planning Development Economic Development Linear Office (PD-ED-LNR}, Special Use Permit, Class A. VOTE: UNANIMOUS Craig Benedict made reference to pages 60-75 and said that the Planning Board recommended that the applicant met the standards for the special use permit far this project in the affirmative. Commissioner Gordon asked if the Board had to go through the findings. Geof Gledhill said that the resolution should say that the Board has made all the findings. This can be added. A motion was made Commissioner Gordon, seconded by Commissioner Carey that the findings from the Planning Board on pages 69-75 became the Board of County Commissioners' findings. VOTE: UNANIMOUS Geof Gledhill suggested that #2 on the resolution on page 8 be revised to say, "as revised by the applicant in the plan revision as submitted at the Board of County Commissioners' meeting on March 4, 2004." A motion was made by Chair Jacobs, seconded by Commissioner Carey to accept version 1 with the following changes: On item #2, (as revised by the County Attorney above); to make the change on #8 to specify deconstruction; and to substitute the new #12 accepting that #1 of the two qualifications will be eliminated. VOTE: UNANIMOUS b. Decisions Regarding Orange County Middle School #3 Site and Adjacent Properties The Board considered various decisions regarding the proposed Orange County Schools Middle School #3 site and adjacent properties; approving the amount to be paid for the school site at $775,000; adopting the OCS Middle School #3 capital project ordinance; directing staff to work with OCS to schedule discussions about the ultimate disposition of the approximately 26 acres of the Allison and Daniel properties not needed for middle school #3; receiving the presentation from County staff on its analysis of the Euliss property; directing the Manager, Attorney and staff to carry out the administrative steps (including preparation and signing of relevant documents} necessary to purchase the Euliss property prior to the March 15 option expiration; and adopting the accompanying Soccer 5uperfund capital project ordinance. Jahn Link said that in November 2001 the voters approved bonds for a new middle school in Orange County. The process for siting new schools has been in place and Commissioner Carey has been the representative with the Orange County Schaal system as it has pursued looking at the appropriate site for this middle school. He commended the Orange County school board for working with the County so well. He also thanked the County staff. Step one is approving the site for the middle school. The second part is to address the acquisition of the parcel of land far soccer fields that is adjacent to the school site. Rod Visser said that the properties that would comprise the Orange County school site make up about 67 acres that are awned by the Allison and Daniel families. The school board has decided to site the school here, but has noted that they do not need the entire 67 acres to accommodate the school footprint and the athletic field associated with it. The one statutory requirement that County Commissioners have in regard to siting new schools is to approve the amount to be paid for the site. They are asking the Board to appropriate $775,000 for the 67 acres. There are several options for purchasing the land, which are outlined in the abstract. Rod Visser said that Keith Cook, Chair of the school board and Orange County Schools Superintendent Dr. Shirley Carraway were in attendance, as well as the architect. Ken Redfoot, representative of the architect company, made a presentation. The school is a prototype design from Smith Middle Schaol. The school has 120,000 square feet and is a one-story fully day-lit facility. There are 24 academic classrooms; three self-contained classrooms; a full media center with a capacity of 15,000 volumes; foreign language classrooms; workforce development classrooms; a 300-seat auditorium with a stage and theatrical lighting; visual arts, vocal, instrumental, theatre arts classrooms, an 8,500-square foot gymnasium with 600 bleacher seats; and a 3,200-square foot cafeteria that accommodates the students in a number of lunch periods. He then showed the site plan of the 67-acre site and the footprint of the building. Commissioner Gordon asked if the school board only wants the 41 acres and they da not want the part toward West Ten Road or the part toward the interstate. Ken Redfoot said yes. He said that there is an existing building on the site that could be used as an outside lab area. Commissioner Gordon asked why they were using 41 acres because most middle schools do not take up that much space. The middle school standards call for 22 acres. Ken Redfoot said that the 41 acres have a large 100-foot buffer along West Ten Road, which is a requirement of the zoning, and a 50-foot buffer along the bus access route. They decided to put this buffer in because they wanted to be a good neighbor and put in enough distance. There is also some buffering along the back of the fields. Commissioner Gordon asked if there was any thought about how an elementary school could be sited here. Ken Redfoot said that this has not been studied. Commissioner Carey said that this could be discussed between the school board and the Board of County Commissioners. This does not have to be decided tonight. Chair Jacobs said that he agrees with Commissioner Carey that this might be a fruitful discussion later. The Board of County Commissioners is just approving the purchase and not the plan. The staff can look at the site and the environmental concerns and maybe land bank for another elementary school. He does not think that they are precluding anything tonight. Ken Redfoot said that the 67 acres has been fully surveyed and soil borings have been done. This property is very well-suited for a school. Commissioner Gordon said that the staff is recommending buying all of the land and she asked why. Rod Visser said that time is of the essence because the options on the properties expire March 15th. Realistically, there did not seem to be enough time to discuss it in great depth. So the recommendation was that the County provides enough funds to purchase the entire tract. John Link said that you cannot buy just one of the parcels. The staff is recommending that the Board pursue the entire amount at the price of $775,000 and to authorize the school board to make the purchase because he would like for there to be the initial message that the County and the school board will land bank the land, possibly for an elementary school. If this option does not prove to be viable, then the County can purchase back that amount of property for recreation or same other public purpose. He would like to work together with the school board. Commissioner Gordon said that in terms of approving the capital project ordinance and proceeding with this site, she will vote for it. She has some reservations because she does not think it is a good school site. She wants to respect the right of the school board to site the school where they believe it is needed. She has problems with it because it is in the EDD and the uses in the EDD had to be changed to allow the school. It will be close to commercial and industrial development and there could be a conflict later on. She is also not happy that it will be so close to the interstate. Also, it takes away economic development land. She will still vote for this because she wants to support the school board. Commissioner Carey said that he plans to support the Manager's recommendation and he thinks the school board already has a proposed use for some of the remaining acreage outside of the 41 acres, because they plan to make use of the pond as a laboratory and that is not included in the 41 acres. Chair Jacobs said that one thing that could be done is to adjust the buffers to the boundaries that would not abut County properties. A motion was made by Commissioner Carey, seconded by Commissioner Brawn to approve the Manager's recommendation to: 1) receive the presentation on the proposed OCS middle school site from OCS representatives and the architects; 2) approve the amount to be paid far the school site at $775,000; 3} adopt the accompanying OCS Middle School #3 capital project ordinance; and 4) direct staff to work with OCS to schedule discussions about the ultimate disposition of the approximately 26 acres of the Allison and Daniel properties not needed for middle school #3. VOTE: UNANIMOUS Rod Visser said that the Board of County Commissioners discussed at the retreat the notion of examining the other parcel immediately to the east. This is also under option and does expire on March 15th. The bottom line is that this property seems very well suited as a recreation site. There is a second capital project ordinance in the packet that would appropriate $508,500 in bonds approved in 2001 under the Soccer Superfund project for the purchase of this property. Chair Jacobs asked if it was feasible to consider moving the stadium next to the pond. For example, if there was a soccer complex, it would easily bleed over to the west and there would be eight contiguous fields. This might be a goad thing to look at to further the County's purpose. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the Manager's recommendation to: 5) receive the presentation from County staff on its analysis of the Euliss property; 6) direct the Manager, Attorney, and staff to carry out the administrative steps {including preparation and signing of relevant documents} necessary to purchase the Euliss property prior to the March 15 option expiration; and 7} adopt the accompanying Soccer Superfund capital project ordinance. Commissioner Gordon said that she has concerns about this property as well because it is not centrally located near population centers or near public transit. She is worried about the price and she understands that there was no appraisal done on this property. She still has trouble using more acres in the EDD. She would rather use superfund monies far facilities and not land. She would like to see a soccer complex, but she does not think this is the right place far it. Chair Jacobs said that the County was not the entity that negotiated the option. They are working on a mutual arrangement. He said that Commissioner Gordon is wrong about this not being good economic development because this is a great immediate boost for economic development in central Orange County where it is needed. This will generate visits and meals and people staying in the area. He argued that central Orange County is centrally located in Orange County and he is supportive of this. He knows there are issues about public transportation. However, this is right off the interstate and increased public transportation can be provided. Commissioner Gordon held up a map showing the site and argued that people who used the soccer complex would probably eat and stay at hotels in Mebane, since it is closer. Commissioner Carey said that this is aself-fulfilling prophecy because if there is no activity there, there will never be an incentive to get public transportation in this area. He said that this is economic development and they need to broaden their perception of what economic development is. Commissioner Gordon said that it is important to have a soccer complex in Orange County; she just has problems with this particular site. VOTE: Ayes, 3; No, 1 (Commissioner Gordon) Change in Consent Agenda Item 8-e Chair Jacobs said that there is a correction for the consent agenda. For item 8-e, Changes to BOCC Regular Meeting Schedule, one change was the March 18, 2004 work session. The main item for this work session was to be a presentation from Carolina North and he spoke with Tony Waldrop from the University, and they are making a revised proposal an Carolina North to the Board of Trustees. They would rather present the revised proposal, which will be presented in the next few weeks, but after the March 18t" meeting. Since the April 1St work session only has the Animal Control Shelter task force, then the discussion on boards and commissions could be put on this agenda. Unless there is something else, there is nothing else for the work session on April 18t" Commissioner Gordon said that if this meeting is deleted, then the venue of the June work session does not need to be changed. A motion was made by Chair Jacobs, seconded by Commissioner Gordan to change item 8-e to indicate that the March 18t" work session will be deleted, and that the June 21St work session will remain at the Southern Human Services Center. VOTE: UNANIMOUS c. Legal Advertisement for Joint Planning Area Public Hearing -March 29, 2004 The Board considered the legal advertisement for items to be presented at the Joint Planning Area (JPA) Public Hearing scheduled for March 29, 2004. Craig Benedict said that the four items have been discussed for the past two years as Chapel Hill has amended their comprehensive plan and have retracted their urban services boundary. This leaves some inconsistencies with the joint planning area plan. What is suggested is to amend the text, the map, and the agreement to change lands outside of Chapel Hill's extraterritorial jurisdiction that are presently a part of the joint planning area, and remove them from the joint planning area under their jurisdiction, and turn them back into rural buffer under the County's jurisdiction. There will still be lands within Chapel Hill's extraterritorial jurisdiction, which will stay under their planning. There would have to be a rezoning of these properties. The Chapel Hill Town Board heard this as an informational item this week. It will be on the March 29t" meeting agenda. There are two non-public hearing items on the agenda. One has to do with agricultural operations, which was discussed briefly at the last work session and then there is a report on Twin Creeks Park. Administration recommends proceeding with the advertisement for the public hearing. Commissioner Gordon asked when the text amendments would be ready with the actual wording. Craig Benedict said that they have a draft and they are working with Chapel Hill. They should be ready by the middle of next week. Chair Jacobs asked Craig Benedict to send it to Commissioner Gordon. He suggested switching the report on Twin Creeks and the report on agricultural operations so that Chapel Hill officials could hear the report on Twin Creeks. Commissioner Gordon said that they would be interested in both of the items because it is an important change in the rural buffer. She would rather leave it as it is. Chair Jacobs said to leave it. A motion was made by, Commissioner Brown, seconded by Commissioner Gordon to approve the proposed March 29, 2004 JPA Public Hearing legal advertisement. VOTE: UNANIMOUS meeting. The Board decided to address item 9-d and defer the remaining items to another d. Soccer Superfund -Policy and Guidelines The Board considered a draft policy and set of guidelines for use of the Soccer Superfund and provided feedback and input to staff as desired. The final document will be brought back as a consent item at a subsequent meeting. Recreation and Parks Director Lori Taft said that the Board had looked at a draft policy for a soccer Superfund on February 4t" and February 12t". The staff incorporated the ideas from the Board into the revised draft. She made reference to page 2 of the abstract and asked whether the Board still wanted to discuss allowing private agencies to apply for the matching grants. The Board directed her to develop two versions of section 2 under part A. Also, the Board wanted to discuss identification of basic items in contract language that would be brought forward to grant recipients. These are outlined in the third policy of the draft in italics. Commissioner Gordon said that she does favor most of the revisions and alternate section 2. She asked about number 3 and number 9 and said that the date should be the end of 2003. Lori Taft said that she left this blank because she wanted to include the date that the policy was adopted. Commissioner Gordon would rather leave it as December 31, 2003. Commissioner Gordon made reference to page 6-B, Purchase of Land far Construction of Soccer Fields. She suggested saying for use "primarily" for soccer instead of "exclusively." Also, at the end and the list of agencies, she asked how the last four fit in if they take alternative 2. Lori Taft said that the underlined section, including the schools, was added because the last draft did not include the schools. The last four would not be included in alternate 2. Commissioner Brown made reference to the list of agencies and said that she is unclear why they would want to specify any of these. Lori Taft said that she did not intend to include these in the policy itself. The list was for illustrative purposes. They would not be included in the policy. Commissioner Brown asked what was meant in the Manager's recommendation. John Link said that he is comfortable with the draft, subject to any tweaking. Commissioner Brown said that the whole piece about branching out and becoming a bank for other projects is not really feasible. She is not opposed to putting it together, but it is not something that can be done. She thinks that it should be made clear that there are very limited funds. She said that the fields have to be under the County's management and should not involve any kind of leasing. Public Comment: Pam Hemminger said that she is a member of the Orange County Soccer Alliance, a Rainbow board member, a Rainbow soccer coach, and a member of the Parks and Recreation Commission of Chapel Hill. She said that the community has aver 5,000 participants in organized soccer. Volunteers and non-profit organizations run all of the soccer associations. There are no soccer programs run by the towns or the County. There are only four public soccer fields and they are losing one this year due to overuse. She said that all of the fields are in danger of being overused. She said that Twin Creeks and Southern Community Parks would not be available for another two years. She asked where were the fields they voted for in 2001. She spoke about the importance of the saccer clubs, and said they did not know about the proposed location of this soccer complex and were not consulted. She said, with reference to the location of the saccer superfund complex, that if the soccer fields are built too far away, they will not be used. It takes her 20 minutes to get to this site, and there would be too much traffic during the times when it would be used the most, which is late afternoon and early evening. She does not see this complex getting heavy use during the week. She said that the concentration of players was in the town centers and not near this complex. Commissioner Brown corrected Ms. Hemminger and said that the County does offer saccer programs. Patrick Sullivan from RPAC and Orange County Soccer Alliance said that they are in dire straits for saccer fields. He said that his understanding was that the band money for soccer was to be used for development of facilities and not for the purchase of land. He said that his children are practicing soccer on baseball fields. He said that he believes in the addition of private money. He would like to have a complex, but if it is going to be tied to the building of a new school then he would say no because that is too long. Commissioner Brown said that the school would be built in 2006. Patrick Sullivan said that if they can start building the fields at Twin Creeks Park sooner, that would be great. Commissioner Brown said that is in the Carrboro process. Patrick Sullivan said that he would do whatever it takes to get this process moving. Commissioner Carey said that there are a lot of people that live within 5-10 minutes of the proposed location of the soccer complex. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the revised draft of the Proposed Soccer Superfund Policy and Guidelines, including the revisions as made above by Commissioner Gordon. VOTE: Ayes, 3; No, 1 (Chair Jacobs) e. Site Plan -Efland Cheeks Park (Phase II) The Board was to consider approving the submittal of a site plan for Phase II of Efland Cheeks Park and authorize staff to submit the site plan for approval. The Board may wish to authorize staff to prepare a report on the potential role of construction management in future, larger-scope park projects, reporting back at a subsequent meeting later this spring. DEFERRED f. Adoption of 2003-2013 Capital Investment Plan The Board was to cansider formal adoption of Orange County's 2003-2013 Capital Investment Plan (CIP), provide direction to staff concerning any required changes and then formally adopt the Plan to reflect any such changes. DEFERRED ,c,L. Request far Refund on Registered Motor Vehicle The Board was to cansider one request for refund of property taxes on a motor vehicle. DEFERRED h. Appointments (1 } Chapel HilllOrange County Visitors Bureau The Board was to consider an appointment to the Chapel HilUOrange County Visitors Bureau. DEFERRED {2} Commission for Women The Board was to consider appointments to the Commission for Women (CFV1r7. DEFERRED {3} Chapel Hill Planning Board The Board was to consider one reappointment and one new appointment to the Chapel Hill Planning Board. DEFERRED (4) Library Services Task Force The Board was to consider an appointment to the Library Services Task Force. DEFERRED {5} Southern Orange Senior Center Design Committee The Board was to consider appointments to the Southern Orange Senior Center Design Committee. DEFERRED 10. Reports a. Schools Adeauate Public Facilities Ordinance [SAPFOI Calculations - Projected Student Membership and Building Capacity The Board was to receive a preliminary report an the student membership and capacity o the Orange County Schools (OCS) and Chapel Hill-Carrbora City Schools (CHCCS) as of November 15, 2003; and pose any questions needing further staff analysis prior to the Board's approval of membership and capacity figures at a future BOCC meeting; and provide any appropriate direction to staff. DEFERRED 11. Closed Session A motion was made by Commissioner Brown, seconded by Commissioner Carey to go into closed session at 1Q:35 p.m.: a. "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS ; 143-318.11 {a}{6). VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Carey to reconvene into regular session at 10:55 p.m. VOTE: UNANIMOUS 12. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting at 1 Q:56 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board