HomeMy WebLinkAboutMinutes - 20040817APPROVED 10/05/2004
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
AUGUST 17, 2004
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, August 17,
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, and Stephen Halkiotis
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE
KEPT FOR 5 YEARS.
1. Additions or Chanaes to the Aaenda
9-b - (white sheet) an addition
5-b-1 - (salmon) A substitute for Board of Health Reappointments. These are the first
full terms for these members.
5-b-3 - (rose) New abstract for Human Services
9-d-2 - (orange sheet} -There are now three vacancies instead of two on the
Commission far the Environment.
Chair Jacobs said that they polled the Board on changing the closed session from after
the September 9th meeting to right before it, and no one wanted it changed.
PUBLIC CHARGE
The Chair dispensed with the reading of fhe public charge.
2. Public Comments
a. Matters not an the Printed Agenda
Julie Noel has an 8-year old son, Drew that has Asberger Syndrome. This affects
children differently. Peer interactions, intentions, and social cues sometimes seem like a
foreign language to Drew. He experiences extreme anxiety and meltdowns when he does not
understand. He is in a mainstream classroom at school, and has an effective IEP to be
successful at school. Before that, his anxieties during less structured times of the day led to
meltdowns. His medication is somewhat helpful, but Drew has had less success in the after
school and summer programs. She said that, despite describing her son's disability and the
techniques most effective to help him participate, he was repeatedly disciplined and suspended
several times for meltdowns. She said that the program currently does not have the training or
the staff to child ratio for the inclusion of a child with developmental disabilities. For her son, it
was as though they were disciplining a child with epilepsy for having a seizure. She and her
husband were called several times a week to retrieve Drew early from the after school program
and from summer camp. This trend has excluded him from the program. After the last
suspension, they tried a Chapel Hill Parks and Recreation program where inclusion practices
are used and all children are able to participate successfully. He has had a wonderful
experience in Chapel Hill. She said that it is vital for him to attend the after school program in
Orange County because it is the most effective opportunity for him to learn sufficient social
skills. She made reference to the white and red booklet with information about inclusion
practices in other counties. She thanked Drs. Carraway and Osborne for being responsive to
her concerns, and Melinda Grenard far making arrangements to provide staff training and
evaluation for the after school site that Drew will attend. She asked for an inclusion assessment
for the Orange County after school program and support for staff development to improve the
inclusion capability.
Commissioner Brown said that this should be included in the County's Parks and
Recreation program also.
Commissioner Carey asked Ms. Noel if she had asked the school system to conduct an
inclusion assessment of their after school programs. Ms. Noel said that they are only doing a
site-specific assessment for her son's benefit only.
Commissioner Halkiotis said that this training would be valuable to our Parks and
Recreation department and other departments that deal with children, and our schools. He
suggested sending a letter to appropriate departments to see what inclusion practices they are
observing.
Chair Jacobs suggested to Ms. Noel that she do the same presentation to the Orange
County School Board and the County Commissioners can follow up with a letter to appropriate
agencies. Ultimately, it is up to the school system.
Marsha Ferree spoke on behalf of the Hillsborough Historical Society. She spoke about
the new display, commissioned by the historical society. She asked the Board's permission to
install it in the foyer of the old Orange County courthouse. The current display is in bad shape.
The historical society decided, with the recent renovation of the clock and tower that it would be
fitting to upgrade the display. She shaved the work in progress. She described the separate
panels of the display, which will be about the town clock. The display will feature photographs
taken by the late Quinton Patterson, and they plan to dedicate the display to him. It will be
ready for installation in September or early October. They are asking for permission to take
down the old display and replace it with the new one. It would be a gift to Orange County and to
the Town of Hillsborough.
The Board agreed to allow the Hillsborough Historical Society to replace the display in
the old Orange County Courthouse with the new one as described.
Jay Bryan, Vice Chair of the Orange County Planning Board, said that they have started
a small work group of Planning Board members and staff to look at farmland preservation and
rural character in a more specific way. This comes from a push by Brian Dobyns, who had done
a lot of work with conservation easements. This is informal, and they will report back to the
Planning Board. Chair Jacobs asked and Jay Bryan said that Rich Shaw from ERCD was a part
of the group.
Ellen McLamb said that she would like to dispute the 3-R fee on her assessed tax bill.
She said that her total bill was $2,500. She and her husband are on social security. She
checked with her neighbor's tax bill that sold for much less than her assessed tax value, and
they were paying $43.33 for heated square space, and she is paying $74.61. She was upset
about this. She said that it was her understanding that when the Board discussed the recycling
service, it was advertised in the paper and there was a study, etc. She said that not many
people read the paper or will show up to speak about it. She will have to pay her taxes, plus the
recycling fee, which she does not need or want. She takes her garbage and recycling to the
convenience center. She thinks that she is being forced to pay for something that she did not
ask for and it is being made to come out of her escrow with her mortgage. She said that this is
wrong. She is going to see if she can be charged this legally, along with her taxes.
Nancy Baker is a parent of children at Cedar Ridge High School and Grady Brown
Elementary School. She is also a member of the Walkable Hillsborough Coalition. She is
concerned about pedestrian and bicycling facilities at these two schools, because there are
none at this time and there are students who walk to the schools. She presented a petition from
parents and she read it as follows:
Petition for Walking and Bicycling Safety at Cedar Ridge High School and Grady A. Brawn
Elementary School
Safe Routes to School
We the parents, friends, and students of these two schools, with the support of the Walkable
Hillsborough Coalition, petition the Orange County School Board, Orange County Government,
and North Carolina Department of Transportation to make pedestrian and biking routes to our
schools safer and more pleasant.
We request specifically that
1) a pedestrian overpass be constructed over Interstate 40 to allow safe crossing for
pedestrians and bicyclists and to ensure the safety of the motorists below.
Neighborhood sidewalks leading to the overpass should be constructed.
2} Sidewalks be constructed leading safely from the street entrances to the school
buildings.
3} A crosswalk be installed between Grady Brawn and Cedar Ridge to allow safe
passage far the children and adults who cross daily.
She said that they have 300 parent signatures on the petition. She thanked Chair
Jacobs and Commissioner Halkiotis for their help on this project.
Commissioner Halkiotis said that he wants to praise Ms. Baker for all of her work. He
said that she was a volunteer with the Orange Grove Road work group with the Town of
Hillsborough. She has also presented information to DOT about pedestrian and bicycle
additions on existing bridges for less than $1 million. He said that she has gotten NCDOT to
reduce the price to $750,000. He said that he has had same discussions with DOT and they
are now willing to put in a crosswalk from Grady Brown to Cedar Ridge, if the school system can
align a sidewalk with the existing sidewalk near the bus entrance lot at Grady Brown. The
school system is in the process of doing this. He thinks this is significant headway, because at
one time same officials from DOT told him and Chair Jacobs that they were opposed to
crosswalks between those two schools because it would encourage people to cross.
Carl Raba spoke about an experience he has had with child support enforcement. He
went through a divorce and job layoffs, and in the process of unemployment, he petitioned the
courts far a modification to his child support and was denied. The response was that he should
actually be paying more child support. He liquidated assets, including IRAs and personal
possessions, and created debt to meet the obligation and stay out of jail so that he could look
for work. He did get a slight modification. He works full time, and after child support is taken
out, his net income is $12,000 a year. His ex-wife travels all over the place with his children.
He said that the attorney for child support represents the plaintiff and no one represents the
children. He said that two and a half years ago, in the Orange County courtroom, the judge
said, "We've got a bunch of deadbeats here, and we're going to have to throw you in jail to get
you to pay." Later, in that same session, the judge said, "The jailor should take that man out
back somewhere." He said that the attorney for child support and the public defender all
laughed at this. He said that it is a bitter and hostile environment and he has not been allowed
to speak. He said that last week a judge passed judgment without pursuing evidence. He said
that this is not serving the children. He just wanted to voice his concerns publicly.
Chair Jacobs said that the Manager or staff could figure out where he could go to have a
conversation about this experience.
John Link pointed out Assistant County Manager Gwen Harvey and Director of Child
Support Enforcement Janet Sparks that Mr. Raba could speak with. He said that the County
administers the child support enforcement program, however, the entire program is highly
regulated by the State and district judges determine the final outcomes.
Commissioner Carey said that he would like to see some suggestions far improving the
system in writing.
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 -none
Commissioner Carey said that he appreciated all of the people who voted on July 20t"
The turnout was greater in Orange County than in many of the surrounding counties. He said
that, as a candidate for re-election, he has heard from the public that they would like to know
the actions of the County Commissioners' meetings within 24 hours. He asked that the actions
from the meetings be posted on the website under the agenda item, within 24 hours or within a
reasonable time.
Commissioner Carey encouraged the staff to send all candidates far County
Commissioner copies of agendas between now and November.
Commissioner Halkiotis said that he received two tax bills -one from some properly in
Allegheny County with a $50 recycling fee, and one from Orange County. He said that the
Allegheny County tax bill has a provision for early payment, so that if you pay the tax bill by the
end of August, a certain percentage could be taken off. He asked if this could be done in
Orange County. He would like to look into this. He said that Allegheny County instituted the
recycling fee a long time ago, and it is a poor county.
Commissioner Gordon said that Triangle Transit Authority had planned to have 16
stations in Phase I -12 in 2007-08 and the rest of it was going to be finished in 2011. However,
because of certain FTA requirements and financial considerations, TTA is deferring the Duke
station and three stations in Raleigh. The extension to Orange County is in Phase II but there is
no money for that or these four stations.
Commissioner Gordon agreed with Commissioner Corey's suggestion of posting the
actions of the meetings on the website as soon as possible.
Commissioner Gordon would like to know what Orange County's policy is on women
and minority businesses regarding awarding contracts. She would like to develop a policy if one
does not exist.
Commissioner Gordon said that last spring the Commissioners talked about an
efficiency study for the school systems, and she asked the staff to bring back suggestions about
proceeding forward.
Chair Jacobs said that all candidates are already receiving the agendas for meeting.
Chair Jacobs said that John Claflin from TTA called him to inform the Board of County
Commissioners about the reduction in the stations. He thought that was a positive gesture on
his part.
Chair Jacobs said that the one newspaper that covers Orange County is now adding a
roundup of what the Durham County Commissioners did with actions. He said that this would
probably start showing up in the Herald-Sun. He thinks the Board should talk about what the
media's obligations are to the public and try to address some of this responsibility.
Chair Jacobs said that a survey was just done of Durham County government
regarding accessibility for the disabled, and Durham County had not lived up to its
responsibilities. He has asked John Link to look at this in Orange County's buildings. For
example, the Government Services Center is difficult to get into upstairs because there are two
sets of doors that open toward you.
Chair Jacobs made reference to the solid waste fee and said that he gat billed far
services that he has yet to receive. He is on a map that says that he gets his recycling picked
up, but the times he has put it out it has never been picked up. He is going to continue putting it
out there anonymously to see if it gets picked up. He takes his trash and recycling to the
convenience center on Highway 57.
Chair Jacobs suggested that staff put up signs when the County Commissioners are
meeting that all cell phones are to be turned off.
Chair Jacobs said that he and his wife voted today and they were the 18t" and 19tH
people to vats after 11 hours, which is kind of sad. He expressed his appreciation to the voters
of Orange County who were very supportive. Commissioners Brown, Carey, Gordon and
Halkiotis stated that they had also voted today and that turnout was also light in their precincts.
4. County Manager's Report
Jahn Link deferred his time to County Attorney Geof Gledhill, who had a report on a
legal settlement.
Geof Gledhill said that in late January of 2003, Orange County filed three eminent
domain actions related to property needed for the solid waste system -particularly the
construction and demolition expansion project, which is now in operation. As part of the
litigation, the County was required to deposit with the court money that represented the best
estimate of what the property was worth. Orange County deposited this money in the case of
03-CVS-101, $51,000; in the case of 03-CUS-102, $39,000; and in the case of 03-CUS-103,
$126,000. The amount of the deposit was based on an appraisal that the County received in
May 2002. He reported that as a result of a mediated settlement that took place this summer,
the County was able to settle all of these cases within the amount authorized by the Board. In
the case of 03-CVS-101, the total amount of compensation paid to the landowner was $60,047;
in the case of 03-CVS-102, the amount was $41,708; and in the case 03-CVS-103, the amount
was $170,500. The total amount that the County agreed to pay in this settlement is $272,000,
and the amount that was deposited was $216,000. He said that this settlement was fair and the
law requires this report to be made and he will give the Clerk copies of the consent judgments.
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey 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 May 4,
5, 18, 20, 27, and June 2, 2004.
b. Appointments
(1) Board of Health -Reappointments
The Board reappointed Dr. Jessica Y. Lee to the Dentist position and Dr. Tim Carey to the
Physician position to first full terms expiring June 30, 2007.
(2) Commission for Women -One Reappointment
The Board reappointed Bonnie M. Gates to aNon-Chapel Hill-Non-Hillsborough Township
position to a second term to expire June 30, 2007.
(3) Human Relations Commission -Reappointment
The Board reappointed Daman Seils to a first full term to expire June 30, 2007.
c. Jail Inspection Report
The Board received the jail inspection report for July 6, 2004 from the North Carolina
Department of Health and Human Services.
d. Tax Collector's Annual Settlement
The Board received the tax collector's annual settlement an current and delinquent taxes and
approved the accounting thereof.
e. Motor Vehicle Property Tax ReleaselRefunds for June 2004
The Board approved and authorized the Chair to sign a refund resolution, which is incorporated
by reference, related to 37 requests for motor vehicle property tax releases or refunds in
accordance of North Carolina General Statutes.
f. Motor Vehicle Property Tax ReleaselRefunds far July 2004
The Board approved and authorized the Chair to sign a refund resolution, which is incorporated
by reference, related to 77 requests for motor vehicle property tax releases or refunds in
accordance of North Carolina General Statutes.
g_ Applications for Property Tax Exemption
The Board approved four {4} untimely applications for granting exempt status from Ad Val Orem
taxation for the 2004 tax year.
h. Property Tax Releases
The Board approved and authorized the Chair to sign a resolution to release property values,
which is incorporated by reference, related to three {3) requests for properly tax releases in
accordance with N.C. General Statute 105-381.
i. Property Tax Refunds
The Board approved and authorized the Chair to sign a refund resolution, which is incorporated
by reference, related to two (2} requests for property tax refunds in accordance with N.C.
General Statute 105-381.
L Property Value Chances
The Board approved and authorized the Chair to sign a resolution, which is incorporated by
reference, approving value changes made in property values after the 2004 Board of
Equalization and Review has adjourned.
k. County Work First Designation and Establishment of Planning Committee
This item was removed and placed at the end of the consent agenda for separate consideration.
I. Petitions for Addition to the NC Secondary Road System
The Board approved the request to add Nichols Drive, Maggie Lane, Pascal Way, and Meadow
Lane to the State-maintained Secondary Road System.
m. Assignment of the Adams Tract Purchase Contract to the Town of Carrboro
This item was removed and placed at the end of the consent agenda for separate consideration.
n. Little River Regional Park: Relocate Access Easement to Durham; Dedicate Public
Road Right of Wav; Accept. Without Maintenance Responsibility. Public Right of Wav
This item was removed and placed at the end of the consent agenda far separate consideration.
a. Chance in BOCC Reaular Meetina Schedule
This item was removed and placed at the end of the consent agenda for separate consideration.
~ Budget Amendment #1
The Board approved budget and grant project ordinance amendments for fiscal year 2Q04-05
for Baard of Elections, Solid Waste Enterprise Fund, Orange County Animal Shelter Fees,
Department on Aging, Scattered Site Housing Rehabilitation Program Grant Project, and
Emergency Telephone System Fund.
~ Refinancing BB&T Installment Purchase Agreement
The Baard adapted a resolution, which is incorporated by reference, and approved a
modification agreement with BB&T and authorized the Chair and Finance Director to sign.
r. Minutes Preparer Agreement
The Board approved and authorized the Chair to sign atwo-year agreement between the
County of Orange and Becky Butler for the preparation of BOCC meeting minutes.
s. Renewal Agreement with Chapel Hill Training and Outreach, Inc. and Health
Department for Dental Services for Head Start
The Board approved and authorized the Chair to sign a renewal agreement far Health
Department provision of dental services for the Head Start Program children offered by Chapel
Hill Training and Outreach, Inc., subject to final review by staff and the County Attorney.
t. Contract Between CHCCS. OCS, and Health Department for School Nurses
The Board approved and authorized the Chair to sign the contracts between CHCCS, OCS and
the Health Department for School Nurse Funding subject to final review by staff and the County
Attorney.
u. Agreement Renewal with Respite Care Providers and the Department on Aging
The Board authorized the Manager to sign agreements for respite care providers, subject to
final review by staff and the County Attorney. Such authorization shall not exceed the amount
budgeted for this function in the operating budget for the Department on Aging.
y. Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services
The Board approved a continuation Agreement with the Town of Chapel Hill to provide funding
in the amount of $46,697 for senior recreation programs on behalf of the Town's Parks and
Recreation Department and authorized the Manager to sign.
w. Purchase of Twa Trucks for Rural Curbside Recycling Program
The Board authorized the purchase of two additional units from bid number 248 that was
awarded to Carolina Environmental Systems of Kernersville, North Carolina at a delivered cast
of $287,178 for two units; and authorized the Purchasing Director and Finance Director to
execute all necessary paperwork associated with the acquisition and financing of the two trucks.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
k. County Work First Designation and Establishment of Planning Committee
The Board considered approving plans to continue operating a Standard Work First program
in Orange County and to appoint a committee to update the two-year plan.
Commissioner Gordon asked why there are so many members on this committee. Social
Services Director Nancy Costan said that the state recommends a very broad advisory group.
A motion was made by Commissioner Gordan, seconded by Commissioner Halkiotis to
approve plans to continue operating a Standard Wark First program in Orange County and to
appoint a committee to update the two-year plan.
VOTE: UNANIMOUS
m. Assignment of the Adams Tract Purchase Contract to the Town of Carrboro
The Board considered authorizing the assignment of the signed contract far purchase of the
Adams property to the Town of Carrboro for the Town's anticipated purchase of the land on or
before September 3Q, 20Q4.
Commissioner Gordon said that this is a cooperative relationship between Carrboro and
Orange County. She asked where the actual easement agreement was. Rich Shaw from the
Environment and Resource Conservation Department said the conservation easement came
before the board in June with the joint purchase of the property.
Commissioner Gordan asked what it means when it says, "convey the conservation
easement." Rich Shaw said that the conservation easement is going to be conveyed by the
Town of Carrboro. Commissioner Gordon verified that this action was the final action for the
Adams Tract.
Geof Gledhill said that at the June 23rd meeting, Commissioner Gordon suggested taking
out the timbering provision, and this has been taken out.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve the County assigning the signed purchase contract for the Adams property to the Town
of Carrboro far the Town's anticipated purchase of the land an or before September 30, 2004.
VOTE UNANIMOUS
n. Little River Regional Park: Relocate Access Easement to Durham; Dedicate Public
Road Right of Way; Accept, Without Maintenance Responsibility, Public Right of Way
The Board considered authorizing a change in the existing access easement held by
Durham County through the Orange County portion of Little River Regional Park; to dedicate to
the public 5 feet of additional right of way along Guess Road where it abuts the Park property
and authorize the County Manager to sign the public dedication; and accept, without
maintenance responsibility, the dedication of right of way; and authorize the County Manager to
sign the acceptance on the Final Plat of the Easement Survey.
Chair Jacobs said that he wants to change the name of the road from Two County Park
Drive to something more creative. He would like to name the road after someone or some
group that contributed tremendously to the creation of the park or some feature of the park. He
just wants to make sure it will not be too late to change the name of the road if the Board
approves this tonight.
Recreation and Parks Director Lori Taft said that there were staff that went over dozens of
names that could not be used because they cannot resemble in any way, any name far a road
in Orange County or in Durham County. She would welcome the opportunity to go back and get
mare creative.
Geof Gledhill said that even if the plat gets recorded with this name, it does not preclude
changing the name of the road at some point in the future.
Commissioner Halkiotis suggested that the Chairs of the County Commissioners go to lunch
and come up with a name.
Commissioner Gordon asked Rich Shaw to explain the map and what this action does. Rich
Shaw pointed out the 50-foot easement that is to be abandoned and replaced by an easement
on the new roadway system going through this property.
A motion was made by Chair Jacobs, seconded by Commissioner Carey to authorize the
execution and recording of the easement; dedicate to the public five feet of additional right-of-
way along Guess Road where it abuts the Park property including authorizing the County
Manager to sign the public dedication; and accept, for the use of the general public, without
maintenance responsibility, the public dedication of the public right-of-way including authorizing
the County Manager to sign the acceptance on the Final Plat of the Easement Survey.
Commissioner Gordon would like to do something about the name in this action.
Commissioner Halkiotis asked that if any Commissioners have any suggestions to give them
to the Chair, who will meet with the Chair of the Durham County Commissioners.
Commissioner Gordon would like to approve the name of the road as a second item.
Geof Gledhill said that a separate action would be a good idea for the name of the road.
Chair Jacobs said to include as part of the motion that the Board would collaborate with
Durham County Commissioner to come up with a changed name for the road that is currently
called Twa County Park Drive. The Board agreed to the addition to the motion.
VOTE: UNANIMOUS
o. Change in BOCC Regular Meeting Schedule
The Board considered two changes in the County Commissioners' regular meeting calendar
for the year 2004 by adding a dinner meeting with the Board of the Department of Social
Services on Tuesday, September 21 at 5:30 pm in Room D at the Southern Human Services
Center (prior to the 7:30 pm BOCC meeting), and also consider moving the Tuesday, November
9 Work Session the Government Services Center to Monday, November 15, at 7:30 pm at the
Government Services Center.
Commissioner Carey said that he would be returning from out of town on that September
21 St and he would probably not be here at 5:30.
Commissioner Brown will also not be here far the proposed dinner meeting with DSS.
Chair Jacobs asked that staff look for another night to schedule this dinner meeting.
A motion was made by Commissioner Carey, seconded by Chair Jacobs to move the
November 9`" Work Session at the Government Services Center to Monday, November 15, at
7:30 pm at the Government Services Center.
Commissioner Gordon asked that it be moved to the Southern Human Services Center
instead of the Government Services Center because of the policy of having an equal number of
Commissioner meetings in Hillsborough and Chapel Hill, and right now there have been several
mare meetings in Hillsborough.
Commissioner Halkiotis asked why this was being moved and Chair Jacobs said that John
Link would be out of town.
Commissioner Carey did not want to change the motion to move the meeting to the SHSC.
VOTE: UNANIMOUS
6. Resolutions or Proclamations
a. Resolution In Support of Scenic Byway Designation for Old NC 86
The Board considered a resalutian of support for an application to have a segment of
Old 86 designated as a North Carolina Scenic Byway and authorizing the Chair to sign on
behalf of Orange County.
Environment and Resource Conservation Director Dave Stancil summarized the
information in the agenda abstract. This is the old road between Chapel Hill and Hillsborough
and there are a number of scenic vistas and natural areas that are protected.
Jay Bryan thanked the Chair and County Manager for getting this an the agenda tonight.
The application date is August 31St and it comes out of Northern Transition Area Advisory
Board, which has three appointees from the County Commissioners and two from the Carrboro
Board of Aldermen. He pointed out the properties of interest along this road. He has not heard
anyone say that they are not in support of this.
Chair Jacobs pointed out one sentence, "Development or land use is not regulated by
the byway designation." He said that this would not change anything, but might add value to
properties. He asked about the markers for the existing scenic byways in Orange County.
Dave Stancil said that he has seen several.
Chair Jacobs wants to make sure that there is signage far this. He asked that this
designation be shared with the Visitor's Bureau and the Chambers of Commerce.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
approve the resalutian of support for an application to have a segment of Old $6 designated as
a North Carolina Scenic Byway and authorize the Chair to sign on behalf of Orange Caunty.
RESOLUTION IN SUPPORT OF OLD NC 86 SCENIC BYWAY APPLICATION
WHEREAS, Orange County has an adopted goal of promoting the preservation of rural
character in the County; and
WHEREAS, one of the stated County objectives for preserving rural character is to preserve
and protect visual resources in rural sections of the County, including rural roadscapes that
invoke the `feel' of the countryside; and
WHEREAS, the NC Department of Transportation administers a North Carolina Scenic Byways
program, which encourages residents and visitors to experience North Carolina history,
geography and culture through a system of beautiful roadways without regulating future
development or land use along the roadway; and
WHEREAS, in November of 2003, a group of citizens along with the Northern Transition Area
Advisory Board applied to the NC Department of Transportation to have a segment of Old 86
designated as a Scenic Byway; and
WHEREAS, sections of Old NC 86 were once part of the main road linking Chapel Hill and
Hillsborough, which passed the home site of Thomas Lloyd, swell-known colonial settler,
legislator and judicial official; and
WHEREAS, the road travels by several natural and scenic landmarks, including conservation
lands (such as Bald Mountain, Blackwood Mountain, Currie Hill, New Hope Creek and Steep
Bottom Branch) protected by Duke University, Orange County, the Triangle Land Conservancy
and others; and
WHEREAS, the preliminary application resulted in Old NC 86 being placed on the Study List for
Scenic Byway Designation with a more detailed application needing to be submitted by August
31, 2004 for further consideration;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby support the designation of Old NC 86 as a North Carolina Scenic Byway and asks that
the NC Department of Transportation look favorably on the application.
This the 17th day of August, 2004.
VOTE: UNANIMOUS
7. Special Presentations-NONE
8. Public Hearings
a. FY 20Q4 CDBG Scattered Site Housing Rehabilitation Program
The Board conducted a public hearing to receive citizen comments regarding a change
in the dwelling units targeted for repair under the County's FY 2004 Scattered Site Housing
Rehabilitation Program and authorize the staff to proceed with grant implementation.
Housing and Community Development Director Tara Fikes summarized the information
in the agenda abstract. She said that there have been some changes in the status of the
properties that were originally for this program. They are proposing to substitute the five houses
in the grant application for five other houses on the waiting list for various reasons including
ownership changes, death, and eligibility issues.
There was no public comment.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
authorize staff to proceed with the grant implementation.
VOTE: UNANIMOUS
Commissioner Carey asked about property #15 where the location was changed from
Carrbaro to Mebane. Tara Fikes said that they do not have another person on the waiting list
from Carrboro. They plan to treat this house under the HOME program, which has different
eligibility requirements.
9. Items for Decision--Regular Agenda
a. Parks Operations Base and County Storage Facility: Approvals for Architect
and Capital Project Ordinance
The Board considered exempting this project from the qualification-based selection
process for architect services as allowed by GG 143-64.32 and awarding a contract with Corley
Redfoot Zach Architects (CRZ} in an amount not to exceed $45,000 for the design of buildings
at the Public Works site to be used as a storage facility for County departments and a base far
operations of the Parks Department and authorizing the Chair to sign on behalf of the Board;
and approving the capital project ordinance funding of $675,000 to the project commensurate
with discussions during the recent budget deliberations.
Purchasing and Central Services Director Pam Jones summarized the information in the
agenda abstract. She said that the staff and Commissioner Halkiotis met over the summer to
determine the possibilities of bringing this in during the period of the lease, which expires July
31, 2005. The abstract covers the discussion during the meetings. The cost of construction is
$600,000 -split evenly between the storage facility and parks operations base. The storage
needs for records will not be accommodated immediately. A bay could be added in the future to
the proposed storage facility as funding becomes available, ar the existing storage could be
reconfigured to accommodate the records storage (i.e., upstairs Government Services Center
Annex). The staff is recommending that the Board exempt this project form the qualification-
based selection and move forward with the contract with Corley Redfoot Zach.
Commissioner Brown asked Lori Taft to describe the parks operations base. Lori Taft
said that this would be an operations base for their parks division only. This location could be a
central base for larger equipment. Some parks will have to have their own storage units far
smaller equipment.
Commissioner Brown asked haw long this facility would be adequate and Lori Taft said
that they were hopeful that it would be adequate for at least five years, depending on how fast
the new projects are developed.
Chair Jacobs asked for clarification that this site will in na way interfere with collaborative
efforts with Hillsborough and Pam Jones said no.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
exempt this project from the qualification-based selection process for architect services as
allowed by GG 143-64.32 and award a contract with Corley Redfoot Zach Architects (CRZ} in
an amount not to exceed $45,000 for the design of buildings at the Public Works site to be used
as a storage facility for County departments and a base for operations of the Parks Department
and authorize the Chair to sign an behalf of the Board; and to approve the capital project
ordinance funding $675,000 to the project commensurate with discussions during the recent
budget deliberations.
VOTE: UNANIMOUS
b. Contract Approval: Southern Orange Senior Center Architect
The Board considered accepting the recommendation of the Southern Orange Senior
Center Architect Selection Panel; approving a contract with Gurlitz Architects, from Durham,
North Carolina, contingent upon county attorney and staff review, in an amount not to exceed
$322,000 as outlined in the attached cast proposal from Gurlitz; authorizing the Chair to sign on
behalf of the Board; and directing the Manager to request Expedited Review of the project from
the Town of Chapel Hill.
Pam Jones said that the architect selection committee met and consisted of Ann
Johnson, Peachy Wicker, Nate Davis, and Don Wilhoit, as well as Commissioners Halkiotis and
Gordon and County staff John Link, Gwen Harvey, Paul Thames, Jerry Passmare, Janice Tyler,
and Pam Jones. They reviewed nine proposals and chose to interview four architects. The
recommendation was unanimous far Gurlitz Architects. This firm has designed similar buildings,
specifically, the Durham Center for Senior Life. Richard Gurlitz also designed the existing
Chapel Hill Senior Center. She noted that Sigma, the plumbing, mechanical, and electrical
engineer, would be doing a commissioning program for the systems. This will require a
modification to the existing special use permit. The estimated time of completion for an SUP
modification is 9-12 months, but an expedited review can be requested to reduce this time. The
staff recommends that the Board petition for expedited review since this is a public project. The
architect estimates that the construction will take 10 months.
The design fees total $322,000, of which $32,000 is attributable to the SUP process.
Commissioner Halkiotis said that it was important to keep this project moving.
A motion was made by Commissioner Carey seconded by Commissioner Halkiotis to
accept the recommendation of the Southern Orange Senior Center Architect Selection Panel to
retain Gurlitz Architects for the design of the Center; and approve a contract, contingent upon
county attorney and staff review, in an amount not to exceed $322,000 as outlined in the
attached cost proposal from Gurlitz; authorize the Chair to sign on behalf of the Board; and
direct the Manager to request Expedited Review of the project from the Town of Chapel Hill.
VOTE: UNANIMOUS
c. Phase One DAVI-NET -Preliminary Plan
The Board considered the Preliminary Plan for Phase One of the DAVI-NET
subdivision.
Planning Supervisor Robert Davis said that this is a major subdivision, located at the
intersection of Mt. Herman Church Road and NC 10. The original concept plan included 47.5
acres with 26 lots. They chase to only file one phase, with 10 lots and 22.88 acres. Steve
Yuhasz is the agent for the Crabtree Family Trust. The minimum lot size is 40,000 square feet,
and there is na density requirement other than the zoning. This will be a flexible development
plan in order to protect roadside buffers and scenic corridors. The adjacent land use of the
entire tract includes a railroad track on the north side, and beyond that there is a manufactured
home park. The east and west are undeveloped. The south tract is also undeveloped, and this
project will stub out to that. Residential Services' group home is located at the southeast corner
of the tract. The main access is from NC 10. There will be individual wells and septic systems.
The north side includes a 300-foot buffer, which will be undeveloped and open space. This was
approved according to SAPFO requirements and will generate approximately four students.
The administration, Planning Board, and staff all recommend approval, in accordance with the
attached resolution of approval.
Commissioner Brown asked if this falls in the area of EDD for water and sewer. Robert
Davis said that this is less than a mile from the EDD. John Link said that at this paint it is not
included for water and sewer, based on the maps.
Commissioner Brown asked about the soils and Steve Yuhasz said that the Health
Department has approved all of the sites. The property to the north is being reserved far repair
area for the mobile home park. As those repairs become necessary, they may decide that
some of the area to the north is not necessary, and it is possible that a small subdivision could
be put there.
Commissioner Brown asked some clarifying questions about the average cost of the
homes.
Steve Yuhasz explained that it is likely that the subdivision would be marketed to an
individual builder that is not yet in the picture. He is not sure of the architectural style at this
point.
Commissioner Brown asked about the long-term implications for developing one piece of
property as part of a larger piece of property.
Planning Director Craig Benedict said that the Crabtree Family Trust has hundreds of
acres of property throughout this general area. These larger tracts have been split into lots and
each one can be developed in 10-lot subdivisions. They are trying to monitor in this piece-by-
piece basis to make a good overall program.
Commissioner Halkiotis asked haw wide the railroad right-of-way was in this area and it
was answered 100 feet. He is asking because he does not want to assume that the railroad
would give up some right-of-way for a repair field. He said that this entire property is
surrounded by utilities and he does not know if the railroad will allow it.
Steve Yuhasz said that there is an agreement between Mrs. Bane and the railroad to
allow a boring. Commissioner Halkiotis asked for a copy of this agreement.
Commissioner Halkiotis asked about the origin of the name. Dorothy Bane said that her
father's name was David and her mother's name was Nettie. Her father was called Davi, and
her mother was called Net.
Chair Jacobs asked if the right-of-way was adequate to accommodate bike lanes without
adversely affecting the buffer if they were put in later by another entity. Robert Davis said yes.
Robert Davis answered several clarifying questions about the right-of-way and future
turn lanes.
Chair Jacobs asked if there was any way to assure that the repair area will not be placed
at the access point of the road on the north side and the road on the south side. Craig Benedict
said that there could be some flexibility and that repair areas could be moved away from this
access point. He said that it could be a condition of approval.
Steve Yuhasz said that they do not know where a road access would be at this point.
The access point on the south side is there because it provides the safest access. If there were
any way to provide access to the north side, they would want to do it there. He said that
committing to a certain access point would prevent them from doing anything significant with
this property.
Chair Jacobs suggested limiting the access for any number of lots greater than two on
the north side of the road.
Geof Gledhill said to leave the non-vehicular access off, directly across from Egg Road,
and then as part of the condition, allow it to be varied for up to two lots.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve the Preliminary Plan for Phase One of the DAVI-NET subdivision, in accordance with
the Resolution of Approval, which is incorporated herein by reference, with the addition of one
condition as stated by the County Attorney above.
VOTE: UNANIMOUS
Commissioner Halkiotis requested that the County get a copy of the railroad agreement
with the owner.
d. Appointments
(1) Agricultural Preservation Board -One New Appointment
The Board considered one appointment to the Agricultural Preservation Board.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
appoint Dr. James Wynn to the James and Patricia Wynn Farm VA District, for a term in
accordance with Section IV.B.2 of the Orange County Voluntary Farmland Preservation
Program Ordinance.
VOTE: UNANIMOUS
(2) Commission for the Environment-Three New Appointments
The Board considered appointments to the Commission for the Environment.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
appoint Heather McDonald (#6) for a partial term ending December 31, 2004; and Marge
Limbert {#13) for a partial term ending December 31, 2006.
A motion was made by Chair Jacobs, seconded by Cammissianer Halkiotis to appoint
Michelle Kempinski (#11) for a partial term ending December 31, 2005.
A motion was made by Commissioner Gordon to appoint Matthew O'Brien for position
#11.
Vote for Heather McDonald: UNANIMOUS
Vote for Michelle Kempinski: Ayes, 4
Vote for Matthew O'Brien: Ayes, 1 {Cammissianer Gordon)
Marge Limbert was approved by acclamation.
{3) Library Services Task Force -One New Appointment
The Board considered one appointment to the Library Services Task Farce.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
appoint Amy Efland for a partial term ending December 31, 2005.
VOTE: UNANIMOUS
10. Reports
11. Closed Session
12. Adiaurnment
A motion was made by Commissioner Halkiotis, seconded by Cammissianer Carey to
adjourn the meeting at 9:50 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker
Clerk to the Board