HomeMy WebLinkAboutMinutes - 20040623APPROVED 9/9/2004 MINUTES
BOARD OF COUNTY COMMISSIONERS
SPECIAL SESSION AND REGULAR MEETING
June 23, 2004
5:30 p.m.
The Orange County Board of Commissioners met for special session on Wednesday, June 23,
2004 at 5:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners
Margaret Brown, Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Barhanian
COUNTY STAFF PRESENT: County Manager Jahn M. Link, Jr., Assistant County
Managers Rod Visser, and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Changes to the Agenda
Chair Jacobs went through the following changesladditions to the agenda:
- Item 5-g budget ordinance
- Pink sheet with packet from Craig Benedict for item 8-b (Middle School #3}
- Orange sheet for 5-i (Budget Amendment #14)
- Yellow sheet -additional application for Human Relations Commission for item 9-c-4
- Dark green sheets for 9-c-5 -additional appointment to be made to the Hyconeechee
Regional Library Board of Directors
- White sheet from County Attorney regarding Orange County Middle School #3 {item
8-b)
- Bright pink sheet for item 8-b - a letter from consultant who did an environmental
assessment
- Light yellow sheet - a petition from residents in Buckhorn Road and West Ten Road
area that are concerned about the mobile food stands at the flea market. The Chair
already has written a letter to the residents thanking them and assuring them that the
Board is working on these matters. The Manager will have a report soon about a
meeting with owners of the property.
- Teal sheet from Dave Stancil about the weigh station and the efforts to reduce air
pollution from diesel trucks as they are going through the I-85/1-40 corridor.
- Proposed PowerPoint about Durham Technical Community College
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not an the Printed Agenda
NONE
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Board Comments
Commissioner Brown - no comments.
Commissioner Halkiotis referred to the salmon sheet, which is correspondence from
Congressman David Price, who received a copy of the Board's resolution supporting the asylum
issue for Erica Cruz Romero. There is some conflicting evidence because Congressman Price
said that the matter is taken care of and has been assured that the Bureau of Citizenship and
Immigration Services had no intention of separating the family and would not seek her
deportation. A local television station reported yesterday that a judge would make a final
decision in November. He asked staff to contact Congressman Price's office and let him know
what is being reported in the media just to make sure that what he says is 100% correct. He
thinks the Orange County Commissioners were the only elected body that passed a resolution
supporting this.
Commissioner Halkiotis said that yesterday he and Commissioner Brawn met with the
Manager and his staff and a consultant to look at the Northern Recreation Center. He wants to
move ahead and start testing the soil to see if this living machine wastewater treatment system
can be used there.
Commissioner Halkiotis said that, contrary to erroneous statements in the press by some
overzealous candidates for public office, tomorrow there is a planning meeting with
representatives of the Southern Orange Senior Center group headed by Director on Aging Jerry
Passmare. The Board has selected a site far the Southern Orange Senior Center and it was the
site the seniors wanted.
Commissioner Gordon said that the Homestead Road Safety Task Force met with Doug
Galyon from NCDOT and they have the funding for the sidewalk, shoulder improvements, and
turn lanes. They now need to decide who will accept the maintenance and liability responsibility
for the sidewalks.
Commissioner Gordan reported that the Transportation Advisory Committee (TAC) met
today and they released the Long Range Transportation Plan for public comment. The main
issues have to do with congestion management and air quality. On June 30t" the board
members of the Durham/Chapel Hill ICarrboro TAC (DCHC-TAC) are going to meet with the
TAC of the Capitol Area Metropolitan Planning Organization (CAMPO TAC) to discuss having a
coordinating group to develop a mechanism of looking at issues of regional significance. This
will be a way for the two MPOs to collaborate.
Commissioner Gordon said that both Triangle J Council of Governments and Triangle
Transit Authority have met and both passed their budgets.
Commissioner Gordon said that she attended the ceremony on Friday to recognize the
refurbishment of the Hillsbarough Town Clack and to kick-off the 250t" anniversary of
Hillsbarough.
Commissioner Carey- no comments.
Chair Jacobs congratulated the Hillsborough/Orange County Chamber of Commerce for
another successful Hog Day. He and Commissioner Carey were in the dunking booth.
Chair Jacobs congratulated Rosetta Wash for being named the new Executive Director
of the American Red Cross for Orange County.
Chair Jacobs said that, despite newspaper reports to the contrary, they are not going to
go to extremes in enforcing the political sign ordinance. The Planning staff will work in a
cooperative manner to help candidates figure out where they can and cannot put their signs.
They will remove signs that are hazards to drivers. He said that there would be a public hearing
in the fall to clarify the ordinance in time for the general election in November.
Chair Jacobs said that he worked with Greg Wilder to put together the more significant
accomplishments that the Board of County Commissioners made in the last year. He listed the
accomplishments as follows:
FISCAL YEAR 2003-2004 ACCOMPLISHMENTS
^ HSUS Orange County Animal Shelter Study and Evaluation and established the Animal
Shelter Task Force
^ Received Animal Shelter Task Force report and authorized transition to County
operation
^ State-mandated Mental Health Reform for OPC Mental Health & LME
^ Central Orange Senior Center 2,000 square foot expansion at the Meadowlands - 50%
increase
^ New Southern Orange Senior Center Site at Southern Orange Human Services Center
^ Approved Justice Facilities architect/design consultant for Justice Facilities Phase I, the
Farmers' Market and River Park Trail System
^ New Cedar Grove Branch Public Library
^ Carrboro Cybrary
^ Rashkis Elementary, the ninth elementary school in the Chapel Hill-Carrboro system,
opening on schedule in August, 2003
^ Alternative School Facility in Hillsborough
^ Implementation of the Schools Adequate Public Facilities Ordinance (SAPFO)
^ SAPFO Technical Advisory Committee Annual Report and Certifications
^ Orange County Middle School #3
^ West Ten Soccer Park, and Corley Redfoot Zack contract for design services
^ Orange County Service Area Agreement with City of Mebane for utility services far
Buckhorn EDD and Orange County Schools Middle School #3
^ CHCCS High School #3 - Interlocal Agreement with Addendums A & B {Smart Growth}
^ School Collaboration Effort with Dispute Settlement Center
^ Staff's Possible School Merger Report, Two Public Hearings, & Multiple Commissioner-
initiated Proposals and Discussions
^ Educational Excellence Work Group/University-Madeline Grumet Proposal
^ Contract for Little River Regional Park major elements construction, opening fall 2004
^ Field Lighting Design Contract for Smith Middle School Soccer Field and for Phase II of
Efland Cheeks Park
^ Efland Cheeks Park (Phase II} Site Plan Approval
^ Re-establishment of the Inter-Governmental Parks Wark Group
^ Chapel Hill Township Park/Twin Creeks Park
^ $366,633 expended in state and federal funds and from other funding sources to protect
224 acres through County land acquisition and conservation easements; another 77
acres using an additional $235,255 in federal funds to occur in July 2004
^ 1,088 additional acres protected through direct County funding andlor other support
^ Federal Farm and Ranch Land Protection Program Application far up to $1,000,000 for
the purchase of farmland preservation conservation easements
^ Reconvening of Library Services Task Farce
^ $2,100,689 awarded in state, federal, and private funds for various emergency
management, public health preparedness, and homeland security efforts
^ Economic Development Summit -January 7, 2004
^ $75,000 in County Housing Trust Fund dollars to complete emergency home repair for
25 low income families
^ $780,000 in Housing Band funding for the acquisition of 24 existing dwellings in the
County for affordable housing
^ $400,000 Community Development Block Grant for the County's Housing Rehabilitation
Program
^ Quarterly NCDOT Meetings & Hideaway EstateslJohn Robinson
^ Courtesy Review Agreements with Town of Hillsborough and Durham
^ Development of Open Burning Restrictions
^ Homestead Road and High School Road Safety Task Farce
^ Comprehensive Plan Land Use Meetings
^ Whiffed Human Services Center Renovation Project Completed
^ One Book One Community Project
^ Senior Care, Inc. Established
^ Breastfeeding Support Program/Expanded Food and Nutrition Education Program
(EFNEP}
^ Soccer Superfund Policy and Guidelines
^ C & D Landfill Construction Permit
^ Franchise Agreement with Time Warner after years of no progress
^ Staffing Plan to reduce residential plan review waiting period from six weeks to less than
one week and residential inspections delay from six days to two days
^ Chapel Hill Greenway and Adams Tract
4. County Manager's Report
John Link wished everyone a safe summer break.
5. 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 for meetings on
April 24, 26, 29 and May 24, 2004.
b. Appointments
(1) Adult Care Home Community Advisory Committee -Three Reappointments
The Board reappointed Laura DeLoye to a third two-year term to expire June 30, 2006;
Carla M. Julian to a first two-year term to expire June 30, 2006; and Charron F. Andrews to
a third two-year term to expire March 31, 2006.
(2) Advisory Board on Aging -One Reappointment
The Board reappointed Arthrell Dupree Sanders to the Advisory Board on Aging to a term
expiring June 30, 2007.
(3) Human Relations Commission -Three Reappointments
The Board reappointed Joe Nanney, Josephine Harris, and Patrick Reiss to terms expiring
June 30, 2007.
(4) Jury Commission -One Reappointment
The Board reappointed Bob Hall to a term expiring June 30, 2006.
(5) Nursing Home Community Advisory Committee -Three Reappointments
The Board reappointed Sheila White, Alice C. Woodbury, and Mary Ann Peter to terms
expiring June 30, 2007.
(6} Orange County Board of Adjustment-Two Reappointments
The Board reappointed Jeffrey Schmitt and Theodore W. Triebel to terms expiring June 30,
2007.
c. Motor Vehicle Property Tax ReleaselRefunds
The Board adopted a refund resolution, which is incorporated by reference, related to 101
requests for motor vehicle property tax releases or refunds.
d. NC State Firemen's and Rescue Squad Pension Fund Certification Roster
The Board approved the certification requirements for the Fire Marshal to participate in the
North Carolina State Firemen's and Rescue Squad Workers' Pension Fund and authorized
the Chair to sign.
e. North Chatham Volunteer Fire Department - Amendment to Fire Protection
Contract for Damascus and Southern Trianale Fire Districts
The Board amended the contract between the County of Orange And the North Chatham
Volunteer Fire Department for an increase in the 2004 - 2005 budget for fire protection
services in the Damascus and Southern Triangle Fire Districts, subject to final review by the
County Attorney, and authorized the Chair to sign.
f. EMS Events and Facilities Contract Renewal - Oranae EMS & Rescue Sauad
The Board renewed, on a month-ta-month basis, the existing contract with Orange EMS &
Rescue Squad, Inc. to provide for special event coverage, leasing of space in Squad
buildings, and the sharing of County and Squad resources in the delivery of emergency
medical services for the period July 1, 2004 through June 30, 2005, subject to final review
by staff and the County Attorney, and authorized the Chair to sign.
,g_ Approval of Fiscal Year 2004-05 Budget Ordinance, Capital Project Ordinances,
and Grant Project Ordinances
This item was removed and placed at the end of the consent agenda far separate
consideration.
h. Application far State Public School Building Capital Funds
The Board approved an application to the North Carolina Department of Public Instruction to
release funds from Orange County's Public School Building Fund account for the 2003-04
debt service payment related to construction of A. L. Stanback Middle School and
authorized the Chair to sign.
i. Budget Amendment #14
This item was removed and placed at the end of the consent agenda for separate
consideration.
1 Utilization of Land at Public Works Facility for Parks Operation Base and County-
wide Storaae Facility
This item was removed and placed at the end of the consent agenda far separate
consideration.
k. Authorization for Staff to Bid and Acquire Grant Funded Decontamination
Equipment
The Board authorized the Purchasing Director andlar her designees to execute all
documents necessary to implement and carry out the bidding and acquisition of the
decontamination related equipment at a cost not to exceed the available grant funding of
$21,677.
I. Bid Award: Construction of Stormwater Management System for C & D Landfill
The Board awarded bid number 1390 to CJ Maclsaac of Eden, North Carolina at a total cost
of $59,475 and authorized the Purchasing Director to execute the necessary paperwork.
m. Approval of the Interlocal Cooperation Agreement Establishing the Orange-
Person-Chatham Local Manaaement Entity [LME)
The Board approved an Interlocal Cooperation Agreement (ICA} to farm athree-county
public entity to serve as the Local Management Entity (LME) for ensuring mental health,
development disability, and substance abuse services (MH/DD/SA) in the Orange, Person,
and Chatham counties catchment area, to go into effect on July 1, 2004 and authorized the
Chair to sign.
n. Approval of Orange County's Three-Year Solid Waste Plan Update
This item was removed and placed at the end of the consent agenda far separate
consideration.
o. EMS Medical Director Contract Renewal
The Board renewed an agreement between Orange County and the UNC Department of
Emergency Medicine concerning medical direction of Orange County's Emergency Medical
Services (EMS) program and authorized the Chair to sign.
~ Capital Project Ordinance -Chapel Hill-Carrboro City Schools High School #3
The Board approved an amended capital project ordinance for Chapel Hill-Carrboro City
Schools (CHCCS} High School #3 to appropriate additional funds in the amount of
$1,142,000 far land acquisition.
rte. Change in BOCC Regular Meeting Schedule
The Board amended its regular meeting calendar by canceling the Quarterly Public Hearing,
scheduled for Monday, August 23, 2004 at 7:30 p.m. at the F. Gordan Battle Courtroom in
Hillsborough, North Carolina since there are not public hearing items for that meeting and to
schedule a Joint Meeting between the BOCC and the Planning Board to be held at that
same time on Monday, August 23, 2005 at 7:30 p.m. at the Government Services Center in
Hillsborough, North Carolina.
r. Fiscal Year 2003-2004 Forest Service Contract
The Board approved the annual agreement between Orange County and the NC
Department of Environment and Natural Resources (DENR} subject to final review by staff
and the County Attorney, and authorized the Chair to sign the agreement.
VOTE ON CONSENT AGENDA: UNANIMOUS
+~. Approval of Fiscal Year 2004-05 Budget Ordinance, Capital Protect
Ordinances, and Grant Project Ordinances
The board considered adopting the County's budget ordinance, capital project
ordinances, and grant project ordinances for FY 2004-05.
Commissioner Gordon said that they have not seen this material and she asked for a
brief overview so that she could have time to read it.
John Link said that the specific recommendations were an page two, which is to adopt
the Orange County Budget Ordinance and the countywide tax rate of 88.4 cents, and the
Chapel Hill-Carrboro City School Tax of 20 cents. The resolution amends the Classification and
Pay Plan to add the new class of Parks Conservation Technician II at a salary grade 14 and
change the title of existing class of Parks Conservation Technician at salary grade 12 to Parks
Conservation Technician I with no change in salary grade. The Board would also authorize a
two percent cost of living increase for permanent employees effective October 11, 2004 and
adopt a County fee schedule. Also, in the bright pink packet are the capital project ordinances
for CHCCS and OCS and grant project ordinances for Orange County general government.
These are projects that are a continuation of projects that have already started.
There is also a resolution of intent to adopt the Orange County budget. This is the
completed document with the actions taken an Monday evening. It just confirms the actions
taken. Also, section two and section three indicate by major function the appropriation for each
major function and on the next page are the revenues earmarked for the entire budget. The
next page includes the tax rate levies for each fire district. The per pupil appropriation is $2,623
per student, which is an increase of $3.
Donna Dean said that the capital project ordinances far schools and for the County have
no new funding but need a deadline extension. It also includes projects receiving new pay-as-
you-go money next year. Regarding the 2l3 net debt issuance, Little River Park project needs
funds in place to pay the contracts and the new courthouse needs funds for renovations on the
exterior.
Chair Jacobs said that they did suspend until further discussion any fees for picnic
shelters and picnic tables. Donna Dean said that this point is included in the resolution of intent.
A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to change
number six on page three to reduce the property tax proposal from 88.4 cents to 88 cents,
which would be a reduction of $400,000.
Chair Jacobs said that the more he thought about it with the solid waste fee and the
revaluation for next year, and the possibility of a countywide supplemental school tax, he
believes they should exercise more rigor in reducing the operating budget this year. He would
like to exercise more discipline in reducing the expenditures.
Commissioner Brown asked where the cuts would come from.
Chair Jacobs said that they would come from the governing and management, general
services, community, environment, culture, and recreation funding, which are about $22 million.
He will leave it to the Manager to figure out which would be the least painful to cut and to bring
back some proposals.
Commissioner Halkiotis said that they did this several years ago and the Manager was
able to do it. He thinks it is entirely doable.
Commissioner Carey said that he thinks the sentiment is sincere and he agrees with this
because raising taxes is difficult. He said that the Board has asked the Manager to find cuts
before, and he will support this motion, but his concern is that they have never done changes
like this before on the last night and before they have had a chance to review the reductions.
He trusts the Manager, but he is concerned that the cuts the Manager would make might not be
the cuts he would make.
Commissioner Gordon said that this last minute change wreaks havoc with the budget
process. She thinks this has been an especially chaotic process already. She agrees with
Commissioner Corey's sentiment about the process. She said that the County Commissioners
are becoming very unpredictable and people cannot count on the process to be followed. She
will vote against this change, even though she agrees with the sentiment of lowering taxes.
Chair Jacobs agreed that they need to look at the process. He thinks that Orange
County is getting to be a bigger and bigger government with more functions and staff and it is
more difficult to go back and challenge the funding levels that they have always had. He thinks
that the process is, that until they adopt the budget, they can change the budget. The Board did
not adapt the budget on June 21St. He said that he did mention to the Manager that he was
going to do this, and the Manager has had time to think about it.
Commissioner Halkiotis said that he thinks they will survive this. He said that Chatham
County and Hillsborough are holding their tax rate. Chapel Hill, Carrboro, and OWASA are
raising their rates, and the solid waste fee will be implemented. There are a lot of unhappy
people.
Commissioner Brown said that it is surprising to bring this up at this time so late in the
process. She said that she could not support decreasing the Human Services budget at all.
John Link said that if the Board were to pursue this motion, he would recommend that all
seven of the major functions be addressed -governing and management, general services,
community and environment, human services, public safety, culture, and recreation. He thinks it
will take all seven of these to come back with a plan. He said that any actions to cut or reduce
budgets would not occur until the Board acts on the budget amendments that would come back
in August or September. He reminded the Board that two years ago they delayed filling some
positions based on negotiating with department heads. He is not calling it a freeze, but using a
natural process of some positions not being advertised and others being delayed.
Commissioner Brown asked John Link if he supported the reduction in the budget at this
time. John Link said that he would carry out the action of the Board. He has no idea haw the
cuts will look and whether what he recommends will be acceptable to the Board. He said that
legally, the Board would have to cut $400,000 out of one function in order for the budget to be
legal and during the course of the summer, the cuts would be applied equitably from the other
functions. He would recommend taking the $400,000 out of the first function, governing and
management.
Commissioner Halkiotis said that John Link would not come back with proposed savings
balanced on the back of the very young or the very old or the very weak and ones that cannot
fend for themselves. He would not support something that would balance any cut on the backs
of those that can least afford to carry it. He has faith in the Manager to look at the least onerous
way to accomplish this.
Commissioner Carey said that he has concerns about this process. He has confidence
in the Manager's ability, but the Board should give him the flexibility on all line items instead of
just one. He will support this, but he wants to register his concerns about the process.
John Link said that this would not and could not include any cuts in education.
Chair Jacobs said that this motion is with the understanding as outlined by the Manager
as to where the money would come from.
VOTE: Ayes, 3; Nays, 2 (Commissioner Brown and Commissioner Gordon)
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to:
1. Adopt the 2004-05 Orange County Budget Ordinance to include a Countywide tax
rate of 88 cents and a Chapel Hill-Carrboro City Schools District Tax of 20.0 cents.
2. Amend the Classification and Pay Plan to:
- Add the new class of Parks Conservation Technician II at salary grade 14.
-Change the title of the existing class of Parks Conservation Technician at salary
grade 12 to Parks Conservation Technician I with no change in salary grade.
3. Authorize a 2.0 percent cost of living increase for permanent employees effective
October 11, 2004.
4. Adopt the County Fee Schedule
5. Approve the County and School capital project ordinances for fiscal year 2004-05.
6. Approve the County grant project ordinances for fiscal year 2004-05.
VOTE: UNANIMOUS
i. Budget Amendment #14
The Board considered approving budget, capital project, and grant project ordinance
amendments for fiscal year 2003-04.
Commissioner Gordon said that this was something that was just received and she
asked for a review.
Budget Director Donna Dean said that this includes:
^ DSS -received an additional $3,000
^ Department on Aging -received an additional $7,000 from the Home and Community Care
Block Grant
^ Equipment and Vehicle replacements - on May 18th, the Board approved an equipment
financing plan for solid waste equipment and emergency management ambulances
^ County-wide -puts some functions in the correct areas after switching to a new financial
system, MUNIS
^ Governing and Management Nan-Department -allocating the health insurance increases
and equity retention fund
^ Item 7- performance review issue
^ Animal Services -amount to allocate to complete animal services transition from fund
balance
^ Revaluation Fund - complete a transfer from the General Fund to the Revaluation Fund to
cover expenditures this year
^ Governing and Management Non-Department -appropriation of $25,000 to fund UNC
School of Education Research Project approved by the Board
^ Environment and Resource Conservation Department -budgeting funds for ERCD for
matching grant for the USDA Farm and Ranch Lands Protection Program for $638,840
^ Emergency Management -grant carried forward to next year
^ Efland Sewer Enterprise Fund -put funds in place to cover operating expense far the Efland
Sewer Fund
Chair Jacobs suggested for next year to keep track of grant funds received, budgeted
funds allocated, and unanticipated expenses so the Board can keep better track of these items.
John Link said that he would mention this to staff.
A motion was made by Commissioner Halkiotis, seconded Commissioner Carey to
approve the attached budget ordinance, capital project, and grant project ordinance
amendments.
VOTE: UNANIMOUS
L Utilization of Land at Public Works Facility for Parks Operation Base and
County-wide Storage Facility
The Board considered assembling the appropriate stakeholders to develop a plan for
utilization of land at the Public Works Facility for use as a parks operations base and county
wide storage facility; and appoint Commissioner Halkiotis as the Board's representative to the
group; and approve a 12-month lease with JCBH Properties, LLC for approximately 4,000
square feet of interior space and 3,500 square feet of exterior storage area at 503 Cornerstone
Court, Hillsborough and authorize the Chair to sign; and authorize the Manger to contract with a
surveyor to expedite site planning work over the summer.
Commissioner Halkiotis commended staff far lacking at a long-range way of doing
County business. He would be delighted to serve as representative on this group. He
encouraged the Manager to include the Sheriff, the Fire Marshall, and appropriate EMS staff
and other emergency responders, because shelter and warehousing opportunities always seem
to be highlighted whenever there is a natural disaster.
Geof Gledhill said that on recommendation #4 to add "Exempt this action from the
qualification-based selection process as allowed by G. S. Section 143-64.32; and authorize the
Manager to contract with a surveyor to expedite site planning work over the summer."
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
assemble the appropriate stakeholders to develop a plan for utilization of land at the Public
Works Facility for use as a parks operations base and county wide storage facility; and appoint
Commissioner Halkiotis as the Board's representative to the group; and approve a 12-month
lease with JCBH Properties, LLC for approximately 4,000 square feet of interior space and
3,500 square feet of exterior storage area at 503 Cornerstone Court, Hillsborough and authorize
the Chair to sign; and add the language from the County Attorney to, "Exempt this action from
the qualification-based selection process as allowed by Geof Gledhill 143-64.32; and authorize
the Manager to contract with a surveyor to expedite site planning work aver the summer."
VOTE: UNANIMOUS
n. Approval of Orange County's Three-Year Solid Waste Plan Update
The Board considered adoption of a resolution that provides formal approval of the
three-year update of Orange County's Solid Waste Management Plan for submission to the
State of North Carolina.
Chair Jacobs said that he pulled this only so that he could point out that the resolution
includes the Board's pledge to reconsider recyclable material collection and processing options
that will enable County programs to expand the materials currently collected, allow for
significant and additional volumes and material, and increase recycling programs and services.
These were concerns raised by citizens and by the Chapel Hill elected officials.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
adopt and authorize the Chair to sign a resolution that provides formal approval of the three-
year update of Orange County's Solid Waste Management Plan for submission to the State of
North Carolina as stated below:
A RESOLUTION AFFIRMING ORANGE COUNTY'S 10-YEAR SOLID WASTE
MANAGEMENT PLAN, INCLUDING A 61 PERCENT WASTE REDUCTION GOAL
Whereas, Orange County adopted in 1997 a general waste reduction plan framework as part of
its overall solid waste goals and adopted specific waste reduction goals of 45% per capita by
2001 and 61 % per capita by 2006; and
Whereas, Orange County achieved a 40% waste reduction rate in 2001-02 and 45°lo waste
reduction rate in 2002-2003, thus meeting its interim waste reduction goal of 45°~ and the State
goal of 40%; and
Whereas, this is recognized as the highest level of waste reduction in North Carolina, while
during the same period the State overall has experienced increases in waste disposed; and
Whereas, participation in Orange County waste reduction and recycling programs continue at a
high level; and
Whereas, the State of North Carolina does not contribute in any meaningful manner to funding
local government waste collection, waste disposal, or waste reduction programs or services;
and
Whereas, Orange County is considering alternative means of financing its solid waste programs
which it will likely implement in FY 2004-05; and
Whereas, significant concerns have been expressed by Chapel Hill related to changeslrevisions
to this update, particularly as regards the elimination of the materials processing facility and the
elimination of major residential and commercial recycling program expansions; and
Whereas, Orange County must balance public investment in waste reduction with available
funding and its current success relative to the remainder of the State;
Now, therefore be it resolved by the Orange County Board of Commissioners that Orange
County is maintaining its long-term goal of 61 % waste reduction per capita; and
Be it further resolved that Orange County adopts the solid waste plan update attached hereto
and authorizes the County Manager to submit the plan to the State; and
Be it further resolved that Orange County pledges to reconsider recyclable material collection
and processing options that will enable County programs to expand the materials currently
collected to include mixed paper, allow for significant additional volumes of materials, and
increase recycling programs and services in the non-residential sector in order to delineate a
more clear means to achieve a waste reduction goal of 61 °lo, aver a reasonable time period far
implementation.
This, the 23rd day of June 2004.
VOTE: UNANIMOUS
6. Resolutions or Proclamations
a. Resolution -Provision of County Funds for Chapel Hill Greenways Proiect
The Board considered a resolution regarding the use of $1 Million in 2001 County Parks
and Open Space bond funds for Town of Chapel Hill Bolin Creek greenways expansion.
Environment and Resource Conservation Director Dave Stancil said that the voter-
approved 2001 Parks and Open Space Band allocated $1.75 million for joint Town and County
open space projects, with the idea of having town greenways. Carrboro has asked that
$750,000 identified for Carrboro go towards the Adams Tract acquisition. The Board has
agreed to this, contingent on conservation easement and shared costs from Carrboro. He
pointed out the Adams Tract on the map. In 2003, the Board also agreed to a Project Planning
Committee process for the Town of Chapel Hill parks and open space projects. This group has
overseen work on Southern Park, Homestead Aquatics Center, and potential greenways
projects. The PPC is recommending to the Board and to the Town Council that $2.3 million of
Town bond funds be combined with $1 million remaining for Chapel Hill greenways projects in
County 2001 band funds to be put toward the expansion of the Bolin Creek Greenway. This
runs east to west through Chapel Hill. There are same challenges to the corridor and the key is
how to get across Airport Road. The extended greenway would eventually connect with Twin
Creeks Park, Duke Forest, and other trail networks. The Town has indicated plans to begin this
project using $100,000 of existing Tawn band funds to prepare a design and engineering study,
to identify the specific corridor, and to deal with the engineering issues. Some of the County
funds will be needed for 2005-06 most likely. This resolution would also be presented to the
Town Council at a later date for use of the County bond funds. It is recommended that the
provision of these funds be handled in the same fashion used for other joint projects, which is
that the Town would expend its funds and be reimbursed upon receipt of invoices.
The recommendation is to adopt the resolution identifying expansion of the Bolin Creek
Greenway, and that funds will be made available in accord with the debt issuance schedule.
Commissioner Brown said that the joint process has been very successful.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
adopt and authorize the Chair to sign the resolution as stated below identifying Bolin Creek
Greenway as the project for County bond funds, as recommended by the PPC; and that project
funds be made available in accord with the Debt Issuance Schedule and the process used far
fund distribution far Southern Park.
APPROVAL OF BOLIN CREEK EXPANSION FOR 2001 ORANGE COUNTY PARKS AND
OPEN SPACE FUNDS
Whereas, in 2001, the Towns of Chapel Hill and Carrboro requested by Orange County include
funds for greenway projects in the County's fall band referendum; and
Whereas, Orange County policy and the 1999 Joint Master Recreation and Parks Work Group
Report had identified the interconnection of Town greenways with rural open space networks as
a high priority, including the proposed Northern Chapel Hill Township Rustic Woodland Trail
connector; and
Whereas, the Orange County Board of Commissioners authorized a total of $1.75 million for
Joint Town/County Open Space in the bond for these purposes; and
Whereas, the 2001 Parks and Open Space Bond was approved by voters; and
Whereas, the Board of Commissioners and Chapel Hill Town Council have agreed upon a
collaborative planning process far joint County/Town projects in the 2001 band through the work
of a joint Park Planning Committee {PPC}; and
Whereas, the Orange County-Chapel Hill PPC has recommended that work begin on the
engineering, design, and eventual construction of the next phase of the Bolin Creek Greenway
in Chapel Hill, from Airport Road to Estes Drive Extension, and that the $1.0 million in County
band funds for Chapel Hill greenways projects be appropriated for this project in conjunction
with $2.0 million of Town funds; and
Whereas, the Town of Chapel Hill plans to initiate the project using $100,000 of Town funds for
the initial phase of the engineering and design study;
Now, therefore, be it resolved that the Orange County Board of Commissioners agrees to the
selection of the Bolin Creek Greenway expansion as the project for use of County bond funds
far greenways in Chapel Hill.
Be it further resolved that the County will make its portion of the funding available far this
project, contingent on like funding from the Town as identified above, available in accord with
the Board's Debt Issuance Schedule.
This, the 23rd day of June 2004.
VOTE: UNANIMOUS
Chair Jacobs asked if Chapel Hill's policy regarding 1 °~ going to public art applies to its
greenways. Dave Stancil said that he did not know. It is his understanding that it applies to
parks and open space projects.
7. Special Presentations
a. West Ten Soccer Park Concept Plan Process and Update on Biddincl
Procedures
The Board considered apre-concept plan for the soccer park planned for the Euliss
property (working title West Ten Soccer Park); and authorizing the Purchasing Director to work
with Orange County Schools {OCS}; and our mutual consultant, Corley Redfoot Zack (CRZ) to:
1) determine the mast appropriate method of bidding the soccer park element of the project
concurrently with OCS; 2) to approve the issuance of the bid for the pre-grading (earthwork}
component of the soccer park; and 3) to work with the Manager and Attorney to develop and
enter into an interlocal agreement between OCS and the County that formalizes the outcome of
this collaborative effort.
Rod Visser said that this evening the consultants from the firm Corley, Redfoot, and
Zack are in attendance to present the pre-concept plan. This will be adjacent to the third middle
school and is between Buckhorn and Mt. Willing Roads on West Ten Road. The staff is asking
the Board to approve several procedures that will allow the County to keep the planning process
and the development of the property in sync with the development of the middle school site.
They are trying to keep these two projects on a parallel course in order to achieve some dollar
savings.
Mike Hammersley, with the firm, pointed out the site on a map and where the roadway
and parking would be located. The soccer fields are full size and there is a junior-sized field
with a practice field next to it. The fields are laid out in a larger arrangement so they can be
used in different configurations such as a tournament. The fields will have irrigation and there
can be lighting provided. The idea is to do things as needed through time.
Chair Jacobs said that Parks and Recreation Director Lori Taft is in attendance.
Commissioner Gordan asked for ballpark cost estimates. Mike Hammersley said that, to
do everything on this plan would cost around $2 million for construction. This is a rough
estimate.
Commissioner Halkiotis said that they stopped at the upper field. He said that he has
been on this land and it is a horrific example of the lack of attention an the part of the State and
the Forestry Service on how to treat the earth. He thinks it is a mess. He asked if they were
proposing that the County allow that the northern most pieces would regenerate itself, or would
money be put aside for plantings, etc. He said that he would not wait 35 years for nature to
restore that which man destroyed.
Mike Hammersley said that right now they are calling it a future expansion area of the
park or the soccer center, depending on what the County Commissioners would see as a good
fit there. The area is 10-12 acres and would accommodate two more full sized fields if it were
developed all the way out.
Commissioner Carey asked some clarifying questions that were answered by Mike
Hammersley.
Commissioner Brown asked about the price quote and if the six soccer fields and the
two junior fields, and the building, and the road, etc. would be constructed for approximately $2
million. She asked if this included the lighting and irrigation. Mike Hammersley said no. There
may not be a need to have a lot of lighting. They would do earth work and build the road.
Commissioner Brown said she has visited the site and she assumes that it will be fairly
inexpensive to set it up because the area is flat. Mike Hammersley said that they are looking at
the four fields being on a similar elevation, which is hard to do.
Chair Jacobs said that the Board limited the amount of the soccer superfund that could
be applied to the soccer complex to be no more than half. Lori Taft read a sentence, "The
Board of County Commissioners may reserve approximately one half of the total fund for a
soccer park of at least six fields."
Chair Jacobs asked if there would be wells and Mike Hammersley said yes.
Chair Jacobs pointed out that this is apre-concept plan and the next step would be a
public meeting with the consultant and staff to talk about the proposal.
Chair Jacobs said that the County has been pursuing another property in the southern
part of the County that would also apply for soccer use. He said that he received a phone call
from Chris LaRocca, who runs the soccer program at Orange High School for boys and girls,
who was thrilled that all of the people participating in soccer in the central and northern part of
the County would have a facility to work on soccer that is nearby.
Commissioner Gordan asked what is to be bid out and what is included in the pre-
grading. Mike Hammersley said that pre-grading is what they do in preparation for the building
contractor to come onto the site. They do clearing, grubbing, and earthwork. They put in storm
drainage and erosion control. They then stabilize the entire area. This also includes building
the road. This would cost about $750,OQ0 to $1 million.
Commissioner Gordon said that the Board approved the purchase of this property for a
soccer complex before they adopted the Soccer Superfund guidelines. She said that there has
been no public input on the location of the soccer complex. Since the major economic benefits
proposed have been from food sales and hotel accommodations, associated with tournaments,
she predicts that this will not be a successful economic development project. She has been told
that there were multiple fields in Burlington where a soccer tournament might be held. Her
problem is that this process went too fast and there was no public input.
Commissioner Halkiotis said that he thinks this will have a positive impact an economic
development on northern and central Orange County. He talks to a lot of people that are
excited that this is happening and excited that people realize that people in northern and central
Orange know how to play soccer. He is asking to make sure that Gayle Wilson looks at the
downed debris that was left behind and see if it can be incorporated in any mulching operations
and composting operations that can be used on the field complex. Also, he asked that Dianne
Reid be an integral part of this planning process as it moves along.
Commissioner Brown made reference to the environmental report and said that there
seems to be some complexity to the school site. She asked the consultant haw he responded
to the environmental assessment regarding the forestlands. Mike Hammersley said that the
ones that did the environmental assessment emphasized that they were concerned about
maintaining the area with the vernal pools as it is now because it is a special habitat. He said
that they were preserving the areas that were the most important on the site and had not been
affected by man.
Commissioner Brown said that she saw a huge amount of destruction in the pine forest
area. Mike Hammersley said that the trees all came down on each other in one of the storms.
Commissioner Gordon said that she has no objection to building a soccer facility in this
area, but she objects to using a large amount of the soccer superfund money without public
input as to the location.
Rod Visser said that the next step is the public input process over the next few weeks.
They are using this timeline to stay an track with the middle school development. He said that
the bids for the pre-grading work are likely to be out in late summer or early fall. He thanked the
staff that worked on this.
Chair Jacobs said that he hopes to name the road for Alonzo P. Corliss, who was the
handicapped reconstruction teacher who was tortured by the clan for teaching black students.
He lived near here. This would be a historical reference.
Commissioner Halkiotis agreed with this.
Geof Gledhill said that in doing the title research, they uncovered some other historically
significant activities related to these properties. He asked the Board to withhold this naming
aspect until they can report on this.
Chair Jacobs said that all of that could be put into the public input meeting.
Commissioner Brown said that every group has another use that they want for a type of
playing and no one wants the same thing. The fields in Chapel Hill and Carrbora are in bad
shape. She said that this discussion about soccer fields in not going to have one solution and
will not serve everyone's purpose all the time. It is a good thing to have in the community. She
would rather have the conversation about how it is going to serve the purposes for many people
and not the services that are lacking for some groups. She feels that this is a good step forward
in providing a good place for soccer or other multi-purposes.
Chair Jacobs said that the soccer report actually said that soccer fields were needed
everywhere in Orange County.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
accept the Manager's recommendation to:
1) approve this pre-concept plan as acceptable for purposes of community outreach and
direct staff to pursue the outreach effort;
2) authorize the Purchasing Director to work with Orange County Schools and Corley
Redfoot Zack to determine the most appropriate method of bidding the soccer park element of
the project concurrently with the School;
3) direct staff and the consultant to consider in the preliminary design process the
community input received through the outreach process, consistent with the pre-concept plan
approved by the BOCC;
4) approve the issuance of the bid far the pre-grading component of the soccer park;
5) authorize the Manager's and Attorney's offices to develop an interlocal agreement
with the Orange County Board of Education to effectuate concurrent bidding of school and West
Ten Soccer Park to achieve economies of scale; and
6) authorize staff and the Attorney to develop and consummate any and all easements
(to include cross-access, utilities, parking, etc.) necessary.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
A motion was made by Commissioner Brawn, seconded by Commissioner Halkiotis to
adjourn the Special meeting at 7:30 p.m. and to reconvene for the regular meeting in five
minutes.
VOTE: UNANIMOUS
The regularly scheduled meeting began at 7:40 p.m.
$. Public Hearings
a. Durham Technical Community College Satellite Campus Site in Orange County
The Board received public comment regarding the site being recommended for the
Orange County campus of the Durham Technical Community College; and to discuss
acquisition steps as may be appropriate.
Chair Jacobs recognized board members from Durham Technical Community College -
Ann Barnes and Mary Ann Peter, Barbara Baker, and Dr. Phail Wynn, President of DTCC.
Purchasing and Central Services Director Pam Jones gave the PowerPoint presentation
Durham Technical Community College
Orange County Gampus
Public Hearing on Waterstone Site
June 23, 2004
History
~ Largest Gounty in state with no Community College campus
~ 1998 state bond funds available to develop campus
~ BOGC appointed Task Force in 2000 found significant public interest in GG
campus
Site Search
~ County Commissioners and 2 DTCC Board of Trustees members who live in
Orange Gounfy
~ 14 sites generally meeting criteria
~ Recommendation is 20-acre tract in Waterstone development
Terms
~ $1,250,000 ($62,5001acre)
~ Gonstruction access roadway provided commensurafe wifh DTCC construction
timeline
~ Utilities, including sewer, to site by May 1, 2006
~ Four-lane access from Old 86 to site by campus opening
~ Two lane roadway from campus fo New 86 completed by campus opening
~ Transit stop, with shelter and bus turnaround, completed by campus opening
~ Cultural resources inventory (videotape trader pathlroad bed)
Next Steps
~ Execute agreement, if approved by Board
~ Durham Tech Board of Trustee approval
~ State Board of Community Colleges approval
~ County carries out due diligence contemporaneously with State approvals
~ Property closed on or before 1-15-2005
Development Timeline
~ Programming complete: November D4
~ Design complete: June 05
~ Project Bid: February 06
~ Notice fo Proceed: March 06
~ Construction complete: July 07
Pam Jones noted that County staff support included Dianne Reid, Craig Benedict, Paul
Thames, and Geof Gledhill.
Commissioner Halkiotis thanked everyone that worked on this. He thinks this will usher
Hillsborough into the 21St century and that this is momentous.
Commissioner Brown agreed with Commissioner Halkiotis and the need is clear. There
is a need for job training and for people that do not plan to go away to a university.
Chair Jacobs pointed out that they have also spoken with Triangle Transit Authority and
the hope is to collaborate with the transit systems so that there will be public transportation to
this site. He also thanked the developers of Waterstane far working with the County and for
being cooperative. He would like to reconstitute the group to work with DTCC and talk about
the middle college concept, parking, library facilities, etc. and have an ongoing and active
collaboration.
Commissioner Carey said that this was a proposal that he presented at the goal-setting
retreat in January 2000. He is really proud of this and the support and process that was
followed.
Public Comment:
Dr. Phail Wynn said that they would refer to this campus as the Orange County satellite
campus of Durham Technical Community College. They have three distinguished speakers
tonight -Vice-Chair of Board of Trustees, Dr. Mary Ann Peter; Board of Trustees Member Ann
C. Barnes; and President of Durham Tech Senate, Stephen Johnson.
Mary Ann Peter said, an behalf of the Durham Tech Board of Trustees, that they are
delighted with the recommendation of the site in central Orange County for the satellite campus.
It represents a central location in the County. She said that the Board of Trustees put aside $4
million for the proposed Orange County campus, which represents 27°k of the $15 million that
was appropriated by the legislature. The Orange County residents deserve to have some
excellent post-secondary classes, basic skills education, and educational support services that
will be available here.
Ann Barnes thanked the County Commissioners and staff far a thorough process. This
site has the potential of being quite accessible to all citizens of the County.
Stephen Johnson said that in 1999 he received his GED from Durham Tech. He was
part of a layoff in 2001. He came to Durham Tech with hopes and dreams and it helped him to
increase his skills and introduce him to leadership. He is scheduled to graduate in May 2005.
He is the student government president, a member of the North Carolina Community Colleges
Student Leadership Institute, and a member of the Association far Respiratory Therapists. He is
proud to be an example as a representative of the type of citizen that the DTCC-Orange County
site can help to achieve their dreams. He said that there are about 22,000 students enrolled in
DTCC and 22% are Orange County residents.
Pam Jones recognized Peter Hen, the developer from the Trump Group.
Peter Hen said that they are looking forward to this opportunity. They look at this
development as a catalyst for the whole area to be something special.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
accept the Manager's recommendation: to support the Waterstone site, contingent upon
attorney and staff review, authorize the execution of the purchase and sale agreement an or
before 5:00 p.m. on June 30, 2004; and forward it to the parties as previously mentioned.
VOTE: UNANIMOUS
b. Orange County Middle School #3 (Class A Special Use Permit)
The Board considered closing the Public Hearing, hearing recommendations and then
making a decision regarding the Resolution of Approval for the Special Use Permit application
for Orange County Middle School #3.
Planning Director Craig Benedict said that this item is a continuation of a public hearing
far Orange County Middle School #3, which is a class A special use permit. This was originally
brought to the Planning Board on April 7t", and then went to a quarterly public hearing on May
24t". There were a few issues brought up, and the seven general areas were to be addressed
by the consultant and brought back to the Planning Board, which was done an June 2"d. There
were four previous negative findings that the Planning Board had, and the first standard was a
no finding {4-4 vote}, the next two standards were unanimously approved that they did meet the
standard, and the final standard was voted negative (3-5 vote). There are 50 specific conditions
and findings made with the special use permit. The Planning Board found positive on 49 of
them, a no vote on one of them, and on the three general findings, they found negative on one
of them. The pink sheet explains how the seven issues were addressed. Administration
recommends that this application meet the general and specific findings in a favorable manner.
Commissioner Gordon asked if the Planning Board recommended denial of the special
use permit. Craig Benedict said yes and that the denial was based on the one finding that the
school is not in harmony with the area. He said that same of the Planning Board members had
more concern about the economic development district than the school. This is reflected in the
minutes. They think the EDD, in which the school is located, should be a mixed use.
Ken Redfoot was sworn in by the Clerk.
Ken Redfoot with Corley, Redfoot, and Zack (architects for the school} thanked the
Board for allowing them to provide additional information. He made reference to the exhibits
(handouts} that was additional evidence. He said that the school's location has been carefully
considered within the context of the comprehensive plan on a site located at the southern edge
of the EDD. He spoke about the previous evidence from the May 24t" public hearing. The first
exhibit was about the existing tree lines. He showed how they were going to save as many
trees on this site as possible.
Also, on each plan, the environmentally sensitive areas have been shown and are
protected. They feel that they have been responsible to the environmental components, and in
every case, have left the areas undisturbed. There will be 23.7 acres of woods remaining on
this middle school site. They think this is quite an accomplishment. He made reference to the
pine tree damage and said that the majority of the woods taken out will be damaged pine tree
areas.
Ken Redfoot said that they wanted to provide evidence to show the traffic and safety
concerns and proposed improvements far the roadway. In this plan, they have added the
context of the neighborhood and they are showing the development of the turn lanes required
for traffic and safety. These roadway improvements answer the issues of the traffic impact
statements and will be approved by NCD~T.
Item #2 is the pros and cons of siting the fields. The safety and security issues related
to the plan are that the fields will be a safe distance from West Ten Road, located in a tight
grouping that provides visual monitoring for safety purposes, the gymnasium is in close
proximity for safe access and handicapped access, and the arrangements of the fields and the
roadways leading to the fields provide easy access for emergency vehicles. The fields are also
located away from the road and the school so that any disruptive activities would not provide
noise problems for ongoing classes. Also, there is potential for a good connection back to the
soccer complex.
Item #3 shows how they begin to bring in smart design alternatives. This is evidenced
by the joint use of the road and the connection of the fields, pathways, and roads.
Item #4 is the consideration of draining the pond which had been constructed on the site
previously. The school board looked at the pond as being an amenity to the site, but questions
arose about whether it should be drained. They did an analysis that shows the steps taken to
drain the pond. If it were drained, they would have to have NCDENR come out and they would
have to relocate all the fish, drain the pond, and then have another visit from the representatives
to determine if a stream has formed. There could be a stream or a branch that would need to
be protected also. If the pond were drained, all of the land would not necessarily be usable.
Item #5 is that the field location should be considered on adjacent County awned
property. He thinks that the presentation of the soccer complex clearly shows that in terms of
where the fields relate to the school.
Item #6 is the merged lanes and turn lanes and NCDOT approved highway
documentation.
Item #7 is documentation on the continued refinement of the middle school site. It is a
memo that confirms the fact that the school board had been responsive to issues that were
raised concerning the biological inventory and the plans are a reflection of that. Also, the school
board paid additional money to the original owner of the property to conserve trees that would
have been lumbered prior to the school system purchasing the property.
Commissioner Brown asked about the pond. Ken Redfoot said that one of the ideas
presented in the biological inventory was to drain the pond and shift the fields into the area.
Commissioner Brown said it seems you would lose a lovely piece of property, the pond.
Ken Redfoot said that they feel that they have awin -win situation with the pond and
vernal pools that are protected. He said that they did show the potential use of this piece of
property, and the school board agreed that something good could go there, the 5.5 acres.
Ken Redfoot pointed out the middle school site on a map and made reference to the
comprehensive plan. He said that the middle school is right in the center of a residentially
zoned area. It is also in the center of a 10-year and a 20-year transition area. He believes that
the school is in the proper location. He showed additional drawings as evidence to show that
the school is in harmony with the comprehensive plan.
Commissioner Gordan asked about smart growth principles. Ken Redfoot said that the
smart growth principles achieved are the synergy between the school and the soccer complex in
terms of the site plan, and moving the road onto the soccer site that becomes a connector path
to the school and soccer complex. This also saves trees.
Commissioner Gordon asked about the 120 parking spaces allotted for the school. Ken
Redfoot said that these are for visitors and staff. This is taken from the Orange County school
standards for middle schools.
Chair Jacobs said that part of the discussion was that the school system did not want all
of this property and that some of the property would be offered or would revert back to the
County. He asked what was proposed. Geof Gledhill said that this is not a part of the special
use permit process and it would need to come back to the Board at another time.
Commissioner Brown asked if there has been any discussion about putting the area
nearest I-40 into a conservation easement {the school part). Craig Benedict said that the
special use permit would identify that this area will not be developed. Commissioner Brawn
thinks it would be a point of pride to put it in a conservation easement.
Geof Gledhill said that this could be a condition if the Board is inclined.
Commissioner Brown said that her other concern is that the neighbors across from the
site came forward before. She is concerned about the impact of this facility. The road is right in
front of the five or six homeowners.
Craig Benedict said that the applicant has dedicated all of the right-of-way necessary to
widen the road on the north side. The questions were whether there would be turn lanes, and
there will be for the drop off and the buses.
Commissioner Gordon said that she respects what the Planning Board does and how it
deliberates. She wants the Commissioners to take the board's recommendation very seriously.
The two findings that were not made by the Planning Board were the landscape design and the
general finding of not being in harmony.
Chair Jacobs asked if there was any proposal for additional landscaping on West Ten
Road in regards to the neighbors. Craig Benedict said that there is a land use buffer that is
required along the road. Moving the entrance to the soccer park and the bus parking will allow
an additional strand of trees to remain. To the west of the visitor parking, there will be a
required landscape buffer.
Public Comment:
Libbie Haugh was sworn in by the Clerk.
Libbie Hough, a member of the Orange County School Board, made reference to the last
page and the recommendation, item C, either reduction of the impervious surface to 12°~ or less
before final staff approval. She said that pervious concrete is a basic mix of coarse aggregate,
cement, and water, and little to no sand. This mixture creates an open cell structure that allows
storm water to filter through to underlying soils. It also helps to break dawn pollutants such as
oil and other hydrocarbon liquids, which are in parked cars. It also returns the runoff to the
surrounding area. Therefore, there is less need for irrigation. Pervious concrete has a much
higher degree of reflection than darker pavements and lighter surfaces can translate into energy
savings. The EPA currently recognizes pervious concrete as a best management practice as
far as dealing with storm water runoff. She thinks this is something to look into to address one
of the concerns of the Planning Board. She said that they are trying to be very conscientious of
the environment. She said that when the architects came to speak to the school board, they
very purposefully asked how they could increase the acreage of trees to be saved out of respect
for Kathy Buck's and Ken Moore's concerns.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
close the public hearing.
VOTE: UNANIMOUS
Craig Benedict said that Administration recommends that the applicants have met the
specific standards and findings of fact and the general standards. The Administration would
recommend that the Board include conditions 1-14 (pp. 23-26), and a 15t" condition suggested
by Commissioner Brown about looking into a conservation easement. The Administration
recommends approval of the class A special use permit.
Geof Gledhill said that another condition should be added regarding moving the road to
the County owned property because it was not in the original plan. Craig Benedict said that
another sentence could be added onto condition #5 to accomplish this. Chair Jacobs
suggested changing the wording to "shall be located." Ken Redfoot concurred with this.
Geof Gledhill made reference to the condition regarding the conservation easement and
suggested the following language: "Provide Orange County or a suitable conservation non-
profit organization with a conservation easement, the terms and conditions of which to be
agreed upon by Orange County or the conservation non-profit organization and the Orange
County Board of Education."
Chair Jacobs suggested four words at the end of the statement by Geof Gledhill: "as
shall be appropriate."
A motion was made by Commissioner Gordon to follow the Planning Board
recammendation and find in the negative for landscape design (article 8.8.30 an page 16) and
on harmony with the area (article 8.2.1 on page 22).
Motion failed far lack of a second.
A motion was made by Commissioner Halkiotis, seconded by Commissioner
Carey to accept Administration's recammendation and find in the affirmative for all
findings.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
A motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to approve conditions 1-14 as set forth in the attached Resolution of Approval
with amended language in number 5 to say that the eastern drive "shall be" located, and
the addition of the conservation easement condition as read by the County Attorney.
VOTE: UNANIMOUS
Geof Gledhill said that the Board did not have to take a separate action on the
impervious surface (item c}, because it is embedded in the conditions that were just approved.
A motion was made by Commissioner Carey, seconded by Commissioner
Halkiatis to approve the class A special use permit.
Chair Jacobs said that everyone has moved as far as they can to address all of the
concerns that people have articulated.
VOTE: Ayes, 4; No, 1 (Commissioner Gordon)
c. Public Hearing and Final Steps for Planned Debt Issuance
The Board received public comment on the bond orders for the proposed issuance of $3.9
million in two-thirds net debt reduction bonds and $15 million in installment financing and to
consider taking further actions that would allow staff to proceed with the issuance of the
proposed debt.
This item was transcribed verbatim by request of staff.
Ken Chaviaus: Ken Chavious, Orange County Finance Director. Tonight we are asking
the Board to consider the required final actions for the proposed issuance of the $4.2 million
and 2l3 net debt reduction bonds, $15 million in alternative financing, and $20.9 million in voter
approved bands. This action again is in accordance with the debt issuance schedule previously
approved by the Board. The total debt plan far issuance for 2004-2005 fiscal year is
approximately $40 million. The Board took the initial steps required for this debt issuance on
May 18t" and subsequent actions on the meeting of June 8t". Tonight's requested actions are
the next steps needed to stay on target for the sale of the bonds in late July and a subsequent
alternative financing sometime later in the 2004-2005 fiscal year. In order to meet all the
statutory requirements, we are asking the Board to conduct a public hearing on both the bond
orders and the resolution regarding the alternative financing, and this can be accomplished all
within one hearing. After the public hearing, the Board is being asked to formally adopt the
bond orders and the resolution. Finally, we are asking the Board to adopt the resolution far the
actual sale of the bonds that is going to occur in July. I will remind the Board again that
adoption of the bond related items would not commit you to funding specific projects, as we
talked about earlier today. Upon adoption of the bond items, publication of the adopted band
orders is required. Again, funds for this planned debt service is included in the Manager's
Recommended 2004-2005 Budget.
I do need to point out a minor correction in the notice of band order adoption on the typed
page 9, which reads, "Orange County public building bonds notice of adoption of bond order
authorizing the issuance of general obligation public building bonds in the maximum amount of,
that should read, $3.9 million." Because there are two bond orders that make up the $4.2
million - $3.9 on one bond order and $300,000 on the other. A correction on also the next
page, item number two, should be also changed to read $3.9 million. And that's on the notice of
adoption of the bond order. I'll stop right there and try to answer any questions the Board may
have.
Chair Jacobs: Are there any questions? 1Vone. Then we'll see if there are any members
of the public who wish to speak at this public hearing regarding the County's proposed planned
debt issuance. Is there anyone? No owe. Is there a motion to close the public hearing?
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close
the public hearing.
VOTE: UNANIMOUS
Commissioner Gordon: When it says on the top of page two, the public hearing can be
conducted on all items at once, and then there was same place here that said that LGC didn't
want us to take action too far ahead of time. Does that mean, though, that if we approve this,
we would have basically done all that we need to do short of going to the LGC on these other
projects?
Ken Chavious: That's right, your actions that you're taking tonight authorize me to go
ahead and proceed, and we will not have to come back and have another public hearing on the
alternative financing, for instance.
Commissioner Gordon: So the staff, when the time comes, can just carry it forward?
Ken Chaviaus: That's correct. The resolution is written and I mentioned that it is an
amount not to exceed $15 million on the alternative financing. If one of these projects advances
ahead of time, and we need to come back and do a private placement instead of waiting until
LGC approval, that can be accomplished in 60 days and the LGC has indicated that they would
work with us to get that accomplished if our cash needs stipulate so.
A motion was made by Commissioner Halkiotis seconded by Commissioner Carey to (a)
adopt the bond order for $3.9 million public building bonds, (b) adopt Bond Order for $300,000
bonds for land acquisition, (c) adopt the resolution directing the Clerk to publish notice of
adoption of bond orders, (d) adopt the resolution providing for the sale of general obligation
bands, and (e) adopt the resolution providing final approval for the County's installment
financings.
VOTE: UNANIMOUS
Ken Chavious: I will report to you the results of the bond sale that we are having on July
loth.
9. Items for Decision--Regular Agenda
a. Proposed Addendum B to the Interlocal Agreement on CHCCS High School #3
The Board further discussed and considered approval of a proposed addendum to the
interlocal agreement that became effective on August 7, 2003 regarding the planned third
Chapel Hill-Carrboro City Schools {CHCCS) high school and provided appropriate direction to
staff regarding the outstanding transportation-related issues.
John Link said that earlier in the spring the Board referred Addendum B to the Carrboro
Board of Aldermen. The Board of Aldermen expressed their opinions about the design and
various issues regarding the new high school. He said that if the Board could adopt the
proposal or a revised version of it, then everyone would be able to move forward. The County's
estimate on what is still not agreed upon is $300,000. The County Commissioners and the
school board are in agreement with the $1.9 million.
Rod Visser said that last summer the Board of County Commissioners and CHCCS
reached an interlocal agreement and terms for development of high school #3, but there was a
stipulation about smart growth principles and an additional $2.2 million could be added to the
budget if the smart growth principles were carried out. The Manager's recommendation is that
$1.9 million of the $2.2 million be allocated to the project, which would increase the budget.
The $300,000 relates to transportation particularly. He asked Geof Gledhill to review the
addendum.
Geof Gledhill said that the interlacal agreement includes in paragraph 8 that the Board of
County Commissioners agrees to approve by capital project ordinance, an appropriation to the
capital expense fund of the board of education of $2.2 million mare than the $27.8 million if the
Board of County Commissioners is satisfied with the board of education's proposed design
promoting smart growth. Addendum B, if both parties agree, says that there is agreement on
$1.9 million worth of the smart growth money and that more work needs to be done an
$300,000 of the smart growth money.
Commissioner Brown said that the school board came forth with a list of items for smart
growth that were part of the school construction. The Board had never determined whether it
was just part of the school construction that she thinks was accepted standards, or whether it
would be paid for additionally. She hopes the staff accepted the list as outside the normal way
of building the school.
Rod Visser said that he recalls aver the last six months that the assumption is that these
standards were incorporated by reference into the smart growth initiatives.
Commissioner Brawn asked Commissioner Halkiotis if any of these standards were built
into the budget for Cedar Ridge High School. Commissioner Halkiotis said that he could not
answer this without looking it up. He said that he thought a lot of the items that CHCCS had
already listed were same of the smart growth initiatives.
Chair Jacobs acknowledged that Superintendent Neil Pedersen and Vice-Chair Lisa
Stuckey from CHCCS are in attendance.
Commissioner Gordon said that Craig Benedict had came up with a concept of allowing
a total number of parking spaces and then leaving it to the school board to decide how they
would be allocated among teachers, staff, and visitors. Craig Benedict said he evaluated the
existing high schools and worked through some school construction standards. It appears in
page 81 of the abstract. The outstanding issue is to reduce impervious area by 35%. He said
that you could reduce parking and parking size to achieve the 35°~. This was also a suggestion
from Carrbora.
Commissioner Gordon said that student parking is in the $1.9 million, but teacher, staff,
and visitor parking is in the $300,000. She wonders why parking is not all together in the $1.9
million. Craig Benedict said that, of the four issues out there, what happens with the parking lot
is not about the $300,000 because there is cost savings associated with that. This is the one
about reducing parking area by 35%, by means of reduced parking space numbers.
Geof Gledhill said that they split the parking up because there is a memorandum from
Steve Scroggs to Neil Pederson dated January 5, 2004 in which the board of education staff
concurred with accepting the student parking totals but had concern about the teacher and staff
parking totals in the original addendum B that was sent to the board of education. The teachers
and staff agreed on 260 parking places for students in phase 1 and phase 2, but did not agree
that 80 staff/visitorlother spaces was adequate. The recommendation was 150 spaces. The
260 plus 150 exceeds the total recommended in the original addendum B, which would be the
35°!° reduction in parking.
Commissioner Gordon asked the board of education if they would rather go with a
specific number of parking spaces and work it out themselves.
Commissioner Halkiotis said that he would suggest the Planning Department watch a
high school parking area and see who shows up every day. It is different than an elementary
school and a middle school. There are a number of people that come to high schools and these
people are not going to get on a bus to came to the school. He understands what they are
trying to do, but the reality speaks to something else, namely, that more parking spaces should
be allowed.
Chair Jacobs made reference to the back page of the blue sheet and item f, the
construction of weatherproof climate-controlled shelters. He suggested saying "weatherproof
(perhaps climate-controlled)". He said that this might be a significant increase in costs. He
said that they are having a meeting on Monday at 10:00 a.m. that was set up by NCDOT. The
Chair and Vice-Chair of the Board of County Commissioners were invited, as well as Carrboro's
staff and mayor to talk about the Smith Level Road design process. He said that there is
$250,000 worth of road improvements that might be required of the school system that perhaps
could be avoided if they can synchronize with DOT's improvements of Smith Level Road. There
was also some savings regarding reduced parking spaces. He said that, if timing works out,
even the $300,000 could be recaptured by the school system through other means.
John Link made reference to the enclosed weatherproof shelter and said that their
assumption is that the $1.9 million would address the items under addendum B on pages 29-33.
They are assuming that, as construction proceeds, that they will get reports back from the
school system on how they have met site standards, etc. He assumes the school system would
address what type of shelter would be built and how it would fit into the overall plan.
Lisa Stuckey said that it is hard to respond to something that she only received this
evening. She said that they would be grateful to move forward and nail down which items are
under agreement. She hopes a process would be developed quickly to move forward with the
items in addendum B. She said that she could not speak on behalf of the board regarding the
parking because they have not discussed it. She said that the proposal on page 81 would be a
way to resolve the parking concerns. She said that 80 spaces would create a barrier to hiring
teachers.
Assistant Superintendent Steve Scroggs made reference to page 81 and said that they
have already reduced parking and this would be a good platform to start with. He said that they
would continue with the design and make sure that space is available to be able to put these
spaces in. They have to have the land allocated to put them in, but they do not have to pave
them in the design process. They can always remove it.
Chair Jacobs asked Craig Benedict what he was recommending regarding parking
spaces. Craig Benedict said that he was recommending what is on page 81. It is less than
what the school system originally asked for. He said that even though he was suggesting only
reducing the amount of parking spaces by 18.4%, they could reduce the impervious area by
35% by making parking spaces shorter. This would still meet the intent of addendum B.
Geof Gledhill suggested moving all of the parking standards into section A, number 1 of
the blue draft, and setting the total amount of parking at 35°~ reduction in impervious surface
and a maximum of 420 spaces to be allocated among students and staff as the school system
thinks is appropriate
A motion was made by Commissioner Gordon to take all of the parking standards and
move them into section A, number 1 (transportation standards} of the blue draft, and base the
way to proceed on the Orange County Planning Department document on page 81 of the
materials far this decision item; section A is the section related to the $1.9 million smart growth
requirements.
Chair Jacobs clarified that the way the language could be incorporated into section A
was to eliminate number 1 {transportation standards} of section B on page 16 of the blue draft,
and move the language into number 1 (transportation standards) of section A on page 14 of the
blue draft, so that section A transportation standards would now specify that the design would
provide preferred parking for carpools and alternative vehicles and reduce parking lot size and
its associated impervious surfaces by 35% from Orange County school construction standards,
and provide na more than 420 parking spaces for use by students, staff, and visitors.
Geof Gledhill said that the only question is whether to do it in phases.
Chair Jacobs said that it would be easier to do it all in one phase. Steve Scroggs said
that it would be a financial benefit to do it in one phase.
Commissioner Halkiotis agreed that it should be done in one phase, and the
Commissioners agreed that all the parking should be included in one phase.
Chair Jacobs said that the only other change was to put "climate-controlled" in
parenthesis section B, number 1-f, to indicate that making the bus shelters climate-controlled
would be optional.
Lisa Stuckey said that she has concerns about installing climate-controlled shelters
because there has been a problem with other similar shelters in town having homeless people
move into them.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve the revised Addendum B, with the changes as stated above related to moving all of the
parking standards into section A, number 1 (transportation standards related to the $1.9 million
smart growth requirements) and also with the indication that the parking should be completed in
one phase; and further in section B, number 1-f indicating that climate control of the bus
shelters would be optional.
Commissioner Halkiotis said that he was going to second it because it is the right thing
to do for the children of the Chapel Hill-Carrboro school system. Commissioner Carey yielded
to Commissioner Halkiotis' second.
There were two seconds (Commissioner Carey and Commissioner Halkiotis).
VOTE: UNANIMOUS
b. Contract to Purchase the Adams TractlGrant of Conservation Easement From
Town of Carrboro to Orange CountyThe Board considered the joint purchase of the Adams
property (approximately 27 acres) with the Town of Carrboro and considered the acceptance of
a conservation easement from the Tawn of Carrboro.
Environment and Resource Conservation Director Dave Stancil said that they have
worked with the Town of Carrboro over the last year on this purchase along Bolin Creek where it
intersects with the rail line and Estes Drive Extension. The Adams Tract is adjacent to the
Town's Wilson Park and would be the point where the Bolin Creek Greenway would crass into
Carrboro and continue from there. It has been used widely over the years as a trail connector.
The planned use for the tract is for low-impact recreation with trails and benches. The owners
have agreed to sell 27 acres of the property (minus the house and the three-acre plot around
the house) far a purchase price of $1,55Q,QQQ. The original asking price was $2 million. The
Town of Carrboro will share equally in the cost of the purchase and would be the owner of the
property and assigned the contract. Orange County's interest in the property would be
represented through a conservation easement. The State will also hold a conservation
easement on six acres and provided a Clean Water Management Trust Fund grant to the Town.
Closing is expected to occur no later than September 3Qt". The Orange County funding for the
property would come from the 2QQ1 parks and open space bond. Additional funds of $25-
3Q,QQQ would be needed and could come from Lands Legacy bond funds.
The Town of Carrboro adopted the resolution last night and they approved the financing
piece. The Town is interested in locking in lower interest rates on the property and they are
asking for approval of the contract prior to tomorrow so that they can make a Local Government
Commission deadline for financing in July.
Commissioner Halkiotis thanked Chair Jacobs for highlighting this as a significant
accomplishment for this year. He thanked Rich Shaw and Dave Stancil for trying to preserve
and protect the environment.
Commissioner Gordon made reference to page 19 regarding timber harvest and said
that she would feel mare comfortable if the statement, "and for firewood and construction of
permitted improvements in the easement area and fences that may be located in the easement
area" were not in the easement agreement. She would like to remove the rest of the sentence
after "property damage."
Rich Shaw said that they could adjust this and that it is only standard language for
easements.
Geof Gledhill said that in their discussions with Carrboro that this easement needs to
conform to the Clean Water Management Trust Fund conservation easement. He
recommended having some flexibility to add in bits and pieces of this language as needed.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve the purchase of approximately 27 acres of land known as the Adams Tract, located at
the end of Watters Road in Carrboro (the specific acreage to be determined by a survey}; and
authorize the chair to sign the contract an behalf of the County, subject to final review by staff
and County Attorney; and authorize the Chair to sign the conservation easement on behalf of
the County, subject to final review by staff and County Attorney; and instruct the County
Attorney and staffs from ERCD and Finance to schedule and complete a closing an the property
on ar before September 30, 2004 (with the revisions in the language as made by Commissioner
Gordon above, subject to review by the Town of Carrboro}.
VOTE: UNANIMOUS
c. Appointments
1. Advisory Board on Aginq -One New Appointment
The Board considered one appointment to the Advisory Board an Aging.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to
nominate Janice Wassel to the At-Large seat with an expiration of June 30, 2007.
VOTE: UNANIMOUS
A motion was made by Chair Jacobs, seconded by Commissioner Carey to nominate
Ross Fearrington to the Chapel Hill Township seat.
VOTE: UNANIMOUS
2. Oranae CountvlTown of Hillsborauah Urban Transition Area Task Force
The Board considered appointments to the Orange County/Yawn of Hillsborough Urban
Transition Area Task Farce.
Commissioner Brown said that there is a presumptive sentence that making the urban
services boundary automatically means increasing density. She said that density has
implications to the County budget, traffic, and air quality.
Craig Benedict said that it should say a relatively higher intensity than if it was on a well
and septic. He said that it means relatively higher density where water and sewer can be
provided more than a rural area.
Commissioner Brown said that the Planning Board seems to think that high density is
fabulous without any context to cast benefit or impacts. She wants to make sure this is a piece
of the discussion.
Wording will be added to this effect.
A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to nominate
Craufard Goodwin as a member and Renee Price as an alternate from the Planning Board.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordan to nominate Deborah Judd from the
Recreation and Parks Board. There was na second. Commissioner Gordon was concerned that
there would be no women who were regular members of this group. The only woman appointed
was an alternate.
A motion was made by Commissioner Halkiotis, seconded by Chair Jacobs to nominate
Tam Magnuson and Deborah Judd for the alternate from the Recreation and Parks Board.
The Board agreed that Commissioner Brown would serve as the County
Commissioners' representative and Chair Jacobs would be the alternate.
VOTE: UNANIMOUS
3. Personnel Hearing Board -Two Vacancies
The Board considered two appointments to the Personnel Hearing Board.
A motion was made by Commissioner Gordon, seconded by Chair Jacobs to appoint
the following to the Personnel Hearing Board with an expiration of June 30, 2006:
At-Large - Management/Personnel: Anita Badrock
At Large: Lawrence Daquioag
VOTE: UNANIMOUS
4. Human Relations Commission -Two New Appointments
The Board considered appointments to the Human Relations Commission {HRC).
A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to appoint
Edward Couch, Alma Ramirez, and Carolyn Ikenberry with an expiration date of June 30, 2007.
VOTE: UNANIMOUS
5. Hyconeechee Regional Library Board of Directors - one New Appointment
The Board considered an appointment to the Hyconeechee Regional Library Board of
Directors.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
appoint Amy Efland with an expiration of March 31, 2006.
VOTE: UNANIMOUS
10. Reports
a. Request for Qualifications [RFQI to Professional Planning Consultants for the
Development of a Countywide Transfer of Development Rights fTDR1 Program
The Board received a timeline and procedure regarding distribution of an RFQ to
professional planning consulting firms within the region and nationally for the Development of a
Countywide Transfer of Development Rights {TDR) Program and provide comments or
feedback to staff.
Craig Benedict summarized this information. He said that this would be a general
announcement sent out nationally to see what firms are interested in providing services to
Orange County. The Chair and Vice-Chair of the Planning Board have offered interest in this
area -Hunter Schofield and Jay Bryan. The Board of County Commissioners adopted a goal to
examine the feasibility of TDR many years ago. The first mention goes back to 1979. He said
that after an RFQ team is put together, it would not move to the next step unless the County
Commissioners determine what the services are.
Jahn Link volunteered to serve with this group.
Commissioner Gordon said that the Hillsborough Town Board voted unanimously to
recommend the scoping far Elizabeth Brady Road. This went forward to the TAC today. She
forgot to mention this during Board comments.
11. Closed Session-none
12. Adiaurnment
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
adjourn the meeting a 10:00 p.m.
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board