HomeMy WebLinkAboutMinutes - 20050920
APPROVED 1 1 1212 0 0 5
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
September 20, 2005
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, September
20, 2005 at 7:30 p.m. at the Southern Human Services Center, in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, and Commissioners
Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis and Barry Jacobs
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff
members will be identified appropriately below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Changes to the Agenda
None
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not an the Printed Agenda
Maria Hitt said that she wanted to let the Commissioners know that Healthy Carolinians
is starting communication about mental health with a photographic exhibit of families living with
mental illness. The portraits are accompanied by interviews with the family members about
their experiences. The purpose is to reduce the stigma associated with mental illness. The
display will all come together on October 1St at the ArtsCenter in Carrboro.
Robert Campbell said that he brought up an issue with two County Commissioners
about the flooding caused by the development in his neighborhood. He said that all of the
foliage has been cut in the development and caused the water drainage to flow into his yard,
causing water damage, and his septic tank has failed. He also spoke about a transportation
issue. He said that every morning on WRAL, he hears that there is free bus service for all
people in Chapel Hill. He said that this is not true an Rogers Road because the bus does not
come there. He thinks the Board of County Commissioners should take over the transportation
system and everyone should ride free. He also spoke about the animal shelter that is coming
on Eubanks Road. He said that the County has money to purchase land for an animal shelter
but no money for a recreational facility on Rogers Road. He said that between the hours of 9:30
and 5:30 the cars speed on Homestead Road and Rogers Road, and he wants the Chapel Hill
Police Department and the Sheriff Department monitor these streets because it is not safe for
their children to ride bikes, etc.
Chair Carey said that he thought he asked the staff to look into the flooding issue. He is
not sure it is in the County Commissioners' jurisdiction.
Commissioner Halkiotis asked whose planning jurisdiction is this subdivision under and
Planning Director Craig Benedict said that the east side of Rogers Road is Chapel Hill's
jurisdiction and the west side is Carrboro's jurisdiction. The landscaping was done under the
towns' authority.
Commissioner Jacobs said that he thought there was some agreement reached with
OWASA to address these concerns. Robert Campbell said that some of the concerns have
been met, but he is now concerned about people walking through his yard in the middle of the
night. He said that if young people see an open access in a neighborhood and adults go
through it, then the young people might do this also.
Commissioner Jacobs said that they will be meeting next week with Chapel Hill and
Carrboro next week and they are to talk about the Greene Tract, and they can bring this up at
that time.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.}
3. Board Comments
Commissioner Halkiotis said he had asked to be posted on lake levels, and the aqua
sheet from County Engineer Paul Thames reflects this information. He said that the County
Engineer is measuring the lake level the same way it had to be done 20 years ago. If the Town
of Hillsborough can afford instruments to do this in an easier way, then this should be done in
the County.
Commissioner Halkiotis said that the Energy Conservation study group would be
meeting next week for two hours, without meeting during the lunch hour.
Commissioner Halkiotis said that people have already started to complain about
proposed energy measures and the process is not even formalized.
Commissioner Halkiotis wants to know how Orange County is doing on conserving gas
and how this is measured.
Commissioner Halkiotis made reference to the work session last week, which he could
not attend, and he read from the cover page of the agenda regarding Fiscal Year 2005-06
Budget Follow-up: "At this point, based on expenditure patterns driven by factors beyond our
control, it does not appear likely that the County will be able to reduce expenditures in the areas
of Medicaid, energy, utilities, and health insurance." He wants to start with a positive approach.
He said that this is almost like giving up.
Commissioner Halkiotis said that the City of Wilson is demanding a refund from Time
Warner of $700,000 for overcharges. He wants to ask for a refund from Time Warner too.
Commissioner Halkiotis said that the Central Orange Senior Center Board of Directors
met yesterday. It was reported that the Senior Times was going to be cut back by the Chapel
Hill Herald. Lots of seniors depend on this publication. He suggested getting a group together
with the Department on Aging Director, the Manager, and himself to discuss this. Maybe
resources could be combined with Social Services, Recreation and Parks, and Aging to put out
information on a quarterly basis for all of these areas. He sees this as energy conservation
also. He requested that Department on Aging Director Jerry Passmore make a presentation at
the next meeting and have a group of people get together to find a solution for the Senior
Times.
Commissioner Jacobs attended the HSAC forum an homelessness. It was well
attended. One of the speakers from the NC Policy Watch spoke about haw the State did not
face so much fiscal crisis, but a crisis of leadership.
Commissioner Jacobs also attended the Solid Waste Wark Group meeting and they are
going to meet for 3.5 hours in October to try to get proposals to elected boards early next year.
He found it interesting that there is a huge tonnage of plastic film that is disposed of in this
County. There may be a possibility of recovering this in the future. He would like a presentation
on this to the Board of County Commissioners.
Commissioner Jacobs attended a meeting of the Agriculture Center Planning Group. He
found out that the Farm Service Agency moved its Durham people to Orange County and now it
is planning to move its Alamance County people to Orange County. There is already a space
crunch in the Planning building. He does not know if the federal government is planning to bring
funds along with employees. The space needs group should discuss this quickly and find out
what kind of monies are available to provide space. He wants to ask this agency about its plan.
Jahn Link said that he has not heard about this and they will check into this.
Commissioner Jacobs said that the Business Expo is next Monday at the Sheraton in
Chapel Hill from 1-7 p.m.
Commissioner Jacobs said that he agrees with many of the comments from
Commissioner Halkiotis about energy conservation. He thinks the Board needs more of a focus
and a sense of urgency that this is our priority. He wants to do some creative thinking and be
mare conscious about putting matters to the fare.
Commissioner Foushee thanked everyone who attended and participated in the HSAC
forum last week. She hopes to change the focus from the maintenance and management of
homelessness to a true plan for ending homelessness.
Commissioner Gordon agreed with Commissioners Halkiatis and Jacabs on the energy
conservation comments. She would like a short report on the use of alternative fueled vehicles
by Orange County and both school systems.
Commissioner Gordon reported that the DCHC TAC approved its 2006-2012 MTIP and
had concentrated an the first three years. She read today that the CAMPO has not passed their
2006-2012 TIP. The DCHC TAC decided to go ahead and pass it and then move on to the
2007-2013 TIP and to try to work out some of the DOT issues in the last four years of the TIP..
Regarding the US 15-501 transit corridor realignment recommendation, there is controversy
about whether the realignment should be changed or not. Durham City and County both want
the change, but it moves the corridor toward I-40 and it is more miles. Chapel Hill was quite
concerned about this change. Chapel Hill, Durham City, Durham County, and TTA are going to
have to agree to the changes before the Memorandum of Agreement is adopted.
Commissioner Gordon said that there was a request from TTA for full voting status on
the TAC. It was referred to the attorney.
Commissioner Gordon said that she and Commissioner Jacobs went to the Durham-
Chapel Hill Work Group and they also discussed the transit corridor alignment in Southwest
Durham County. There was also discussion on the Erwin Trace Memorandum of Agreement.
Chair Carey made reference to a project called the High Five Project, which is a joint
project of the JohnsonM/ake/DurhamlOrange/Chapel Hill-Carrbora school boards whereby they
have come together to eliminate dropouts by the year 2013. This project is supported by five
businesses in the Triangle area that have given $100,000 each over the next five years.
Chair Carey said that First Baptist in Manley Estates has been selected to receive the
2005 Housing Award by the North Carolina Housing Finance Agency. The Board of County
Commissioners helped get this project started.
Chair Carey said that the County Commissioners received a copy of a letter from the
Town of Hillsborough requesting a joint task force for historic preservation. This will be
discussed at one of the joint meetings.
Chair Carey said that they received another request from the Division of Water
Resources for comments on the removal of the dam on Pleasant Green Road.
Commissioner Jacobs made reference to the letter from Hillsborough, task #5, "Review
of the NC Rehab code for implementation in Orange County." He was surprised that this would
not be something that Orange County is already doing. He wants to find out now if this is being
done or not and not wait until the meeting with Hillsborough.
Chair Carey said that the Sheriff wrote a letter to the County Commissioners about the
activities at the Buckhorn flea market and what they found in the way of violations of the law.
He asked the Board to ask the County Attorney to look into options for asking for special
legislation to provide some extra resources for the Sheriff's office for regulatory enforcements at
the flea market. He does not want to use County taxpayer money to address this.
Commissioner Halkiotis said that he is supportive of this. He asked whose responsibility
it is to make sure that the sales taxes are being collected and Geof Gledhill said that it is the
Department of Revenue. Commissioner Halkiotis said to send a request directly to the
Department of Revenue.
Chair Carey said that there is a request from the Orange County Board of Health related
to House Bill 239 about incorporating smoking restrictions into the County's ordinance.
4. County Manager's Report
John Link said that they as a staff will express to the Board of County Commissioners
their zeal in addressing energy issues. He listed the things that are being done. There has
been $730,000 cut by reducing unnecessary travel by 25%. He is looking forward to working
with Commissioner Halkiotis and speaking to Commissioner Jacobs' point of having a point
person to be the energy "zealot." As far as he is concerned, this is a top priority. They are still
hoping to purchase some alternative fueled vehicles.
Regarding the water levels, the aqua sheet is the present status of the water levels at
Lake Orange, the OWASA reservoir, and the Hillsborough reservoir. The water levels are
getting lower by the day and conservation will become mandated within days.
5. Items far Decision--Consent Agenda
A motion was made by Commissioner Foushee, seconded by Commissioner Halkiotis to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes for June 16 and August 16, 2005 as submitted by the
Clerk to the Board.
b. Appointments -None
c. Motor Vehicle Property Tax ReleaselRefunds
The Board adopted a refund resolution, which is incorporated by reference, related to 68
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Budaet Amendment #2
The Board approved budget ordinance, grant project ordinance, and capital project
ordinance amendments for fiscal year 2005-06 for Department of Social Services, Health
Department, Emergency Management, Elections, Animal Services Facility Capital Project
Ordinance, and Southern Orange Senior Center Capital Project Ordinance.
e. Contract for Legal Services -Collection of Delinquent Real Property Taxes
The Board approved a http:Ih~•ww.co.orange.nc.us/occlerksi«5f)920~e.pdfcontract with
Attorney Cyrus Hogue for legal services that will supplement the County's ability to pursue
effective collection of real property delinquencies as provided by North Carolina law, subject to
final review by staff and the County Attorney, and authorized the manager to sign.
f. Agreement Renewal Between UNC Hospitals and Orange County for the Senior
Wellness Program
The Board approved an agreement renewal to receive $25,000 from the University of North
Carolina {UNC) Hospitals for their co-sponsorship of the Department on Aging's Senior
Wellness Program from July 1, 2005 through June 30, 2006, and authorized the Chair to sign,
subject to final review by staff and the County Attorney.
g_ Agreement Renewal with Respite Care Providers and the Department on Aging
The Board authorized renewal agreements with respite care providers with the Department
on Aging, and authorized the Manager to sign, 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.
h. 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, subject to final review by staff
and the County Attorney.
i. Service Coordination Renewal Aareement with Manley Estates and the
Department on Aginq
The Board renewed the agreement for the Department on Aging's Eldercare Division to
provide on-site service coordination for the residents of the First Baptist and Manley Estates
senior housing complex in Chapel Hill, and authorized the Chair to sign, subject to final review
by staff and the County Attorney.
i Subordination Request-UCC Living Centers, Inc.
The Board approved the execution of a Deed of Trust Beneficiary and Trustee Consent and
Subordination to Grant of Access Easement as requested by UCC Living Centers, Incorporated,
and authorized the County Attorney to execute the document as Trustee.
k. Approval of Tax-Exempt Financing Arrangement for Efland Volunteer Fire
Company, Inc. to Purchase Land
This item was removed and placed at the end of the consent agenda for separate
consideration.
I. Petitions for Addition of Rosebriar Place to the North Carolina Secondary Road
Maintenance Proaram
The Board approved a petition to add Rosebriar Road, in Phase 2 -Fox Hill Farm East
subdivision, to the state-maintained Secondary Road System.
m. Kevisions to the Flood Damage F~revenUOn Ordinance
This item was removed and placed at the end of the consent agenda for separate
consideration.
n. Award of Contract and Anaraval of Memorandum of Aareement -Joint
Greenhouse Gas Emissions Inventory and Action Plan
This item was removed and placed at the end of the consent agenda for separate
consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
k. Approval of Tax-Exempt Financing Arrangement for Efland Volunteer Fire
Company, Inc. to Purchase Land
The Board considered approving a request from Efland Volunteer Fire Company, Inc. to
enter into atax-exempt financing arrangement to purchase land and authorizing the Chair to
sign the appropriate documents related to the financing arrangement.
Commissioner Halkiotis asked Planning Director Craig Benedict about the Planning
department's involvement in the assessment of this land that Efland wanted to purchase. He
also asked if anyone responded back from the OCS to the Efland Fire Department about the
excess land at the middle school site.
Rod Visser said that he spoke to George McFarland about this and the OCS did not
receive a formal request from the Efland Fire Department about this, but only spoke with them
about it. EMS Director also spoke directly with several representatives of the fire department
and they made it absolutely clear that they were primarily interested in the site related to this
item and not immediately interested in using the piece of property by the middle school.
Jahn Link said that, through Geof Gledhill and Craig Benedict, they need to report back
on what extent this land is excess land at the middle school site. He recalls that part of the
reason for buying this land had to do with impervious surface requirements, so it is not really
excess land.
Commissioner Halkiotis said that we need to put this to rest if this is not excess land.
Craig Benedict said that when someone is interested in purchasing land, the Planning
department lets them know about the land regarding the buffers, sails, septic systems, etc.
They also look at impervious surface and permitted uses.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
approve a request from Efland Volunteer Fire Company, Inc. to enter into atax-exempt
financing arrangement to purchase land and authorize the Chair to sign the appropriate
documents related to the financing arrangement.
VOTE: UNANIMOUS
m. Revisions to the Flood Damage Prevention Ordinance
The Board considered the Administration's recommendation and Planning Board
comments concerning the proposed revisions to the Flood Damage Prevention Ordinance,
closing the pubic hearing and considered adopting the ordinance.
Commissioner Jacobs said that he finds the changes very confusing. Far example, the
changes on page 28 are very hard to read. Also, on page 27, he raised an issue last time and
he still takes issue with it. This is regarding storage of chemicals in flood-prone areas. He does
not think the language is sufficiently clear. It would be easier to follow if there was strike-
through and then the corrections.
The staff will make some changes in the language and bring it back.
TABLED
n. Award of Contract and Approval of Memorandum of Agreement -Joint
Greenhouse Gas Emissions Inventory and Action Plan
The Board considered awarding a contract to ICLEI Energy Services of Taronta to conduct a
joint greenhouse gas (GHG} emissions inventory and emissions reduction action plan,
approving an interlocal Memorandum of Agreement between the Towns of Carrboro and Chapel
Hill and Orange County regarding administration of the project; and authorizing the County
Manager to execute the contract, subject to final review by the County Attorney; and accepting
the grant in the amount of $14,100 from the DCHC MPO, and soliciting appointment of Orange
County Members to the Air C2uality Advisory Committee, to be appointed at a subsequent
meeting.
Commissioner Gordon said that part of this is that there is a committee and the Board of
County Commissioners can appoint two at-large. She wants to specifically ask the Commission
for the Environment far air quality members.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve awarding a contract to ICLEI Energy Services of Toronto to conduct a joint greenhouse
gas (GHG) emissions inventory and emissions reduction action plan, and to approve an
interlocal Memorandum of Agreement between the Towns of Carrboro and Chapel Hill and
Orange County regarding administration of the project; and authorize the County Manager to
execute the contract, subject to final review by the County Attorney; and to accept the grant in
the amount of $14,100 from the DCHC MPO, and solicit appointment of Orange County
Members to the Air Quality Advisory Committee, to be appointed at a subsequent meeting.
VOTE: UNANIMOUS
6. Resolutions or Proclamations
a. Resolution Providing Comments to the Transportation Advisory Committee of
the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization
Regarding the Regional Priority List for 2007-2013 Transportation
Improvement Program
The Board considered endorsing comments to the Transportation Advisory Committee
(TAC) of the Durham-Chapel Hill -Carrboro (DCHC) Metropolitan Planning Organization (MPO)
regarding the draft regional priority list for the 2007-2013 Transportation Improvement Program
(TIP).
Karen Lincoln summarized this item. The TAC committee is scheduled to adopt a
regional priority list that includes the comments from local jurisdictions, and then it will be
submitted to the NCDOT for their draft 2007-2013 TIP. The draft document is scheduled to be
released in January or February 2006.
The agenda package has two sets of comments. The first set deals with Orange
County's priority list adopted by the Board of County Commissioners. The second set of
comments deals with I-85. The project was initiated by NCDOT and not Orange County. There
are some improvements associated with the project that are important to Orange County.
Commissioner Gordon said that Commissioner Jacobs and she reviewed this draft and
Karen Lincoln has incorporated their changes. She said that she requested a crosswalk on
Homestead Road for the seniors.
PUBLIC COMMENT:
Robert Campbell said that if there is a crosswalk on Homestead Road, it should be a
pedestrian activated light because cars speed down Homestead Road.
Commissioner Jacobs would like to change the wording about the crosswalk because
DOT was not involved and has some serious safety concerns about this crosswalk. He
suggested the following change in the wording for #2: "Crosswalk to allow seniors safe access
to the park an the north side." This leaves it to DOT to figure out haw to make it safe.
Commissioner Jacobs said that the report from the senior group identified one area that
was a total failure in supporting pedestrian access on Homestead Road. He proposed that in
the CIP in the spring that they put in a sidewalk on the frontage of the County's property as the
only lacking link of pedestrian access on Homestead Road.
Commissioner Halkiotis supported what Commissioner Jacobs said. He said that they
have evolved slightly with DOT because they usually do not agree with crosswalks since they
encourage people to cross the road.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve, with the "safe" language on #2 added, endorsing comments to the Transportation
Advisory Committee (TAC) of the Durham-Chapel Hill - Carrbaro (DCHC) Metropolitan Planning
Organization (MPO) regarding the draft regional priority list for the 2007-2013 Transportation
Improvement Program (TIP).
A RESOLUTION TO SUBMIT COMMENTS TO THE TRANSPORTATION ADVISORY
COMMITTEE (TAC) OF THE DURHAM-CHAPEL HILL-CARRBORO (DCHC}
METROPOLITAN PLANNING ORGANIZATION (MPO) CONCERNING ORANGE COUNTY'S
TRANSPORTATION PRIORITIES FOR THE REGIONAL PRIORITY LIST FOR THE 2007 -
2013 TRANSPORTATION IMPROVEMENT PROGRAM
WHEREAS, the North Carolina Board of Transportation, every two years, prepares a
Transportation Improvement Program {TIP) that identifies transportation projects scheduled for
State and Federal funding over the next seven years; and
WHEREAS, the North Carolina Board of Transportation solicits input for identifying
transportation projects of local and regional importance to be included in the FY 2007-2013
Transportation Improvement Program; and
WHEREAS, the TAC of the DCHC MPO has adopted, in compliance with federal
requirements, a methodology for ranking TIP projects based on local and metropolitan goals
addressing mobility, the natural environment, air quality and other factors; and
WHEREAS, Orange County has submitted to the DCHC MPO a prioritized list of
transportation projects representing transportation needs in the County, and
WHEREAS, the quantitative ranking methodology cannot adequately represent the local
priority of all proposed projects for the 2007 - 2013 TIP;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners
that the DCHC MPO Regional Priority List for the FY 2007-2013 Transportation Improvement
Program should reflect the priority of the projects requested by Orange County as follows:
1. Orange Grave Road tSR 1006) Pedestrian Bridge over I-40: Should be Division 7
Priority number 2 (Regional Priority 7 or 8};
2. U-2805, Homestead Raad (SR 1777} Improvements: Should be one of the eight projects
having a Division 7 Priority ranking of 3 (Regional Priority number 9), and Orange
County requests that the NCDOT include, as part of this project, a crosswalk to allow
seniors safe access to the park on the north side of Homestead;
3. R-2825, South Churton Street (SR1009) Improvements: Should be one of the seven
projects having a Division 7 Priority ranking of 20 (Regional Priority number 43), with
final ranking higher than the Orange County projects 4 and 5 listed below;
4. Old NC 86 Bike Lanes: Should be one of seven projects having a Division 7 Priority
ranking of 20 (Regional Priority ranking 43), with final ranking higher than project 5 listed
below;
5. NC 86 Bicycle Improvements: Should remain one of the seven projects having a Division
7 Priority ranking of 20 {Regional Priority ranking 43};
6. NC 861NC 571US 70 Improvements: Should be Division 7 Priority 27 (Regional Priority
ranking 53);
7. US 70 Bypass Widening: Should be one of the 11 projects having a Division 7 Priority
ranking of 28 {Regional Priority ranking of 55};
8.
uld be Division 7
rity
9. Orange Grove Road Extension to US 70 Business: Should be Division 7 Priority 44
(Regional Priority 86).
BE IT FURTHER RESOLVED that Orange County recognizes I-85 as an important link
in the local, regional, and national highway network. The reconstruction of interchanges for 1-
0305, aTIP protect initiated by the NCDOT, is very important to the local area. Orange County
requests that the NCDOT incorporate the following items in the TIP project I-0305:
Environmental Considerations
This project would cross three tributaries of the Eno River (Cates Creek, Stony
Creek and Rhodes Creek}. Care should be exercised to minimize environmental and
water quality degradation during construction and provide culverts with sufficient
space far wildlife migration. Additionally, a study from 1992 identified a possible
connection between the Duke Forest and Eno River State Park with a connection in
this area (Mount Herman Church Road, SR 1713}. The County and the Triangle
Greenways Council have discussed this concept as part of the Triangle Greenprint
project. Orange County requests reservation of a pedestrian crossing linking these
two large open space and trail areas.
Orange County requests that NCDOT consider the following design features for this
project:
Design Features
Planning and design for this project are in progress. Right-of-way acquisition is
scheduled to start in FFY 2010 -FFY 2012, with construction starting in FFY 2012.
a. Provide HOV lanes. Orange County is opposed to any widening of I-85 through
Orange County unless there is a commitment by NCDOT to provide HOV and/or
dedicated bus lanes.
b. Use native plants in landscaping at interchanges for this protect.
c. Include noise walls or other means to reduce the effects of traffic noise on
residential and other uses located along the corridor.
d. Include any available wildlife mitigation measures, particularly at bridges.
e. Incorporate bridge designs that allow wildlife to cross safely under the bridge and
that allow pedestrian passa_ eq aloneany existincLor planned trail-system
connectors.
3. Infrastructure Improvements
Orange County requests the following infrastructure improvements as they relate to
the I-85/US 70 Economic Development District.
a. Erosion Control Measures -Orange County requests that permanent erosion
control measures be included in the project.
b. Landscaping of Interchanges -Orange County requests that NCDOT landscape
all reconstructed interchanges in an aesthetic manner.
Pedestrian and Bicycle Facilities -Orange County requests that its staff be
allowed to participate in the determination of where and what type of facilities are
to be included in this project. Among the features requested for inclusion are
sidewalks and bike lanes (see the Regional Bicycle Plan for Durham and Orange
Counties along roads where interchange improvements are required and
adequate guardrails on overpasses.
d. Wildlife Corridor Under I-85 (in the vicinity of US70 Interchange} -Orange County
requests that its staff be allowed to participate during the planning stage and that
this issue be brought to the attention of the NCDOT Staff Biologist. Constructing
this wildlife corridor is one of the recommendations presented in the "The New
Hope Corridor Open Space Master Plan: Proposals for Linking Duke Forest and
Eno River State Park." Orange County also requests that NCDOT consult county
staff in designing the interchange at US 70 to provide a pedestrian trail under I-
85 (along Mt. Herman Church Road, SR 1713} linking New Hope Creek and the
Eno River (New Hope Rustic Woodland Trail proposed as an element of the
Lands Legacy Program}.
e.
1713 - NCDOT Division 7 Traffic Engineers have recommended that this
intersection be included as a part of I-0305 because of its proximity to the I-
85/US 70 interchange. The entire intersection should be realigned so that
Pleasant Green Road intersects US 70 at a 90-degree angle.
US 70 Interchange: Orange County requests that reconstruction of the
interchange at US 70 be designed to accommodate future widening of US 70,
and that a reasonable section of US 70 near the interchange be upgraded to
provide for a suitable transition fromlto I-85.
g. Mt Herman Church Road (SR 1713) -Preliminary plans by the Planning &
Environmental Branch, Division of Highways of NCDOT indicate that this road
may be relocated as part of I-305. Orange County requests that this road be
designed with 12-foot wide travel lanes and 4-foot wide bicycle lanes for a total
paved width of 32 feet.
h. Old NC 10 (SR 1710) -Preliminary plans by the Planning & Environmental
Branch, Division of Highways of NCDOT indicate that this road may also be
relocated as part of I-305. Orange County requests that this road be designed
with 12-foot wide travel lanes and 4-foot wide bicycle lanes for a total paved
width of 32 feet.
4. Additional Infrastructure Improvements
Orange County also requests the following infrastructure improvements regarding
two structures:
a. NC 86 -The two-lane NC 86 overpass of I-85 is inadequate far increased traffic
volumes resulting from development in the adjacent Economic Development
District. Orange County requests that the NC 86 overpass be widened, and
include bicycle and pedestrian facilities.
b. Cates Creek -Orange County requests that the interstate be designed to allow
safe passage of wildlife and pedestrians along Cates Creek under I-85.
VOTE: UNANIMOUS
7. Special Presentations
a. Durham Technical CammunitV College Campus: Schematic Design Review
The Board reviewed progress an the Durham Technical Community College {DTCC)
campus development and provided comment as may be appropriate.
Purchasing and Central Services Director Pam Jones said that they started this process
in March 2000. Since that time, Dr. Phail Wynn, President of Durham Tech, was able to have
$4 million of the 1998 state bond earmarked for this project. Orange County has put in an
additional $4 million. There were two major focuses -one to select the site and the other to
build the project. Orange County took the leadership role in assessing sites that would be
appropriate. The Waterstone site was brought forward for the community college. Durham
Tech took the lead in the construction of the project. Barbara Baker, Vice-President of Student
Support Services for Durham Tech, was in attendance. The architect is Corley Redfoot Zack,
and Ken Redfoot was in attendance.
Barbara Baker said that it is very exciting to have plans far this project and they are
excited to work with these architects.
Ken Redfoot distributed copies of the presentation. The 19.6-acre site was purchased
by the County for $1,275,000 and is located near the center of the Waterstone development.
The developer, Stratford Developing Company, is looking at two possible locations for bus
stops. The master plan includes one building to house classrooms at around 40,000 square
feet with the appropriate site and parking amenities. The future development will include five
buildings. These would total 110,000-140,000 square feet. The proposed parking would be
500-700 spaces. The trading path is proposed to be a trading path greenway that would bisect
the site.
The first phase includes 40,000 square feet of classroom space and 200 parking
spaces. There is a possibility of having a gravel overflow lot if needed. He then described the
types of classes that could be held in the building and the layout of the building.
He said that the elevations are a goad balance and the budget is modest. The project is
a total of $8 million. They are within the budget with design and development. At the end of the
design development review, it will be going into construction documents, which ends right
before Christmas. There is another agency review period of about two months. Then the
developer will provide temporary access road to the site in 2006. The documents will be put out
to bid starting in March, with taking of bids on April 18t`'. Construction begins June 2006 and
occupancy will be the fall of 2007.
Commissioner Halkiotis said that this is a Spartan budget to build a building of this size.
He thinks the building has more expectations than the budget would allow. He asked how the
building would be outfitted. Barbara Baker said that they are setting aside State equipment
money.
Commissioner Halkiotis said that the County is responsible for maintenance and energy
bills. He asked about the HVAC system and if it would be compatible with the other systems in
the County.
Commissioner Halkiotis said that Ken Redfoot has put in a lot for CHCCS and the Town
of Chapel Hill in regards to green building policies. He wants Orange County to have green
building policies. He asked if there would be anything educational about the building in how it
runs that can become part of the training program. He said that the media center is basically
"light locked" and there would be no natural light. Ken Redfoot said that the library will get
"borrowed light" from the hallways and the classrooms.
Commissioner Halkiotis encouraged Ken Redfoot to look at all options that would make
the building a tool, like Smith Middle School. He thinks this is a paltry budget for a building this
size.
Ken Redfoot said that they are going to be using a bright white roofing, a bio-retention
area, drought resistant native plants, occupancy sensors for light fixtures, and a variable air
volume HVAC system. They will be looking at ways to reduce the impact of fan usage. They
will also be using high efficiency gas boilers. They will have to da a life cycle budget analysis.
Commissioner Jacobs said that he is unclear about the process and if the County
Commissioners are just providing comments. Barbara Baker said that the State law says that
the building belongs to the college and while there is not a time for the County Commissioners
to vote on this, they want input from the County.
Commissioner Jacobs said that he has same concerns. There is no solar component to
this. He does not mind costing out some of the green building items to see if the County could
afford it. He wants to live by their principles and build buildings that reflect them. He wants to
promote public transportation and not have so many parking spaces. He would also like to have
fewer small buildings and more tall buildings. He is also distressed that the windows do not
open. He read some information about how keeping windows open helps conserve energy.
He said that he would be glad to came and address the Board of Trustees of Durham Tech.
Barbara Baker said that they waste a lot of energy at their present building with open
windows, but they will look at this.
Commissioner Halkiotis echoed Commissioner Jacobs's concerns about inoperable
windows. He agrees with keeping windows closed for energy efficiency, but he does not believe
in buildings with inoperable windows. This is a safety issue.
Commissioner Foushee offered her support in looking into other conservation
alternatives. She likes the suggestion of multi-story buildings.
Commissioner Gordon echoed the comments of the others. She asked if Orange
County was considered an agency in this process. Ken Redfoot said that the agencies involved
include Durham Tech, Orange County, the State Construction Office, and DOT.
Commissioner Gordon said that Orange County is a funding agency. She hopes that
the answers to their questions come back to them so that they can submit informed comments.
She hopes this is not the last time to review this design and to give their comments. She wants
to get a full report back. She asked what kind of bus would be the public transportation -OPT
or TTA. She thinks those two agencies should be involved. Regarding the needs assessment,
the Board of County Commissioners needs to see things written down and they need to know
how many students are going to be served at this site. She said that this does not appear to be
an environmentally responsible building as proposed.
Commissioner Gordan said that she recalled that Orange County was going to have
representation on the Board of Trustees. There are certain ways that Orange County operates
and there are detailed policies with the school systems. She hopes that this project would
follow similar policies and come back as soon as possible with questions answered and some
attempt to have this building follow Orange County principles. Commissioner Jacobs agreed.
Commissioner Halkiotis thanked Barbara Baker and said that he knows she has heard
their concerns. He would like to have a written response about their concerns, especially the
windows.
John Link suggested that Commissioner Halkiotis find out from Wilson County about
their costs for maintenance and cooling/heating costs for its innovative building. He asked if
these conservation elements need to be incorporated in the bid process as alternatives and the
Board said yes.
$. Public Hearings-NONE
9. Items for Decision--Regular Agenda
a. .Update on Planned Acquisition of Triangle Sportsplex Property
The Board reviewed progress related to several aspects of the planned acquisition of the
Triangle Sportsplex property and to take several actions associated with the financing of that
acquisition.
John Link said that they are going through a series of steps for the acquisition of the
Sportsplex property for recreation purposes and the Central Orange Senior Center.
Rod Visser said that they have put together a bullet list for proposed elements of a
contract for management of the facility. They are proposing for the Board to review materials on
the proposed elements in this contract, such as addressing the living wage. The contract will
come back for formal review in October. Regarding the development review process, Corley
Redfoot Zack is working with them and the review of the proposed expansion for the senior
center is slated for review by the Hillsborough Board of Adjustment on October 12tH
Commissioner Gordon said that she needs to know about other issues such as condition
of the building, infrastructure and equipment, etc. She needs a positive report on this before the
process goes much further. She also needs to know about Sportsplex financials, including an
audit. Rod Visser said that both are slated for review at the October 3`d meeting. Regarding the
audit, everything is not nailed down for Blackman and Sloop to give an audit opinion, but they
are proceeding as if there is a full-blown audit.
Geof Gledhill said that is accurate, but they da not have an agreement by the owners to
provide management representations that the auditor wants in order to have an audit. The
auditors are doing the work that is necessary to provide an opinion on the audit.
Commissioner Gordon said that it is important to have an audit.
Commissioner Halkiotis said that he wished the staff had invited the Board of County
Commissioners to attend their site visits. He wants to see in writing what the staff saw at the
site visits and which staff were involved. He said that he walked around the building a couple of
months ago, and there was rust on the steel support system outside the building. This was
highlighted on the Corley Redfoot Zack assessment of the building. He wants to see what has
been done because it looks like something has been done. He wants to see the before and
after digital photos. He wants to know if it was really fixed or just cosmetically improved. He
asked that the language "time permits" not be used because the County Commissioners have to
make time to do this right.
Rod Visser said that Jeff Thompson, Pam Jones, Ken Chavious, and himself went to the
site visit.
Commissioner Gordon underscored Commissioner Halkiotis' comments and said that
she has time for this due diligence. She said not to use "time permits" again and she wants to
get materials in a timely manner. She hesitates going forward with this until they get due
diligence.
Commissioner Gordon would like for the County Attorney and Finance Director to look
over the materials and see if things are being handled properly.
John Link said that staff is trying hard to pursue a timetable to accomplish what they set
out to do to purchase the Sportsplex and include the senior center. However, they can take
whatever steps the Board wishes, but it will take additional time. The staff is trying hard to get
this done by a certain timeframe. He said that the resolution supporting the application to the
LGC does not commit the County to follow through with this deal. This is just a step to ga
through for debt financing.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
adopt the resolution related to the Local Government Commission financing application.
VOTE: UNANIMOUS
The Board addressed item `d' next.
d. Petition for Abandonment of a Portion of Pleasant Green Community
Center Raad from the NC Secondary Road Maintenance Program
The Board considered a petition to abandon a 0.27-mile portion of SR 1571, Pleasant
Green Community Center Road, from the North Carolina Department of Transportation
(NCDOT) Secondary Road Maintenance Program.
Karen Lincoln said that the property owners along this road have petitioned NCDOT to
abandon it from the maintenance, with the greater purpose of coming back to petition Orange
County to close the public right-of-way. The state statutes allow counties to close public rights-
of-way for roads that are not under the NCDOT supervision. She pointed out the properties on
a map.
PUBLIC COMMENT:
Brad Clark said that he owns property on the west side on Community House Road and
that, upon purchasing this property, he saw that this road was a satellite dumping ground for
Orange County. He said that all of the properties back up to Community House Road. In 1998,
when he bought the property, he met with Kenny Warren with DOT about Community House
Road. This road floods during heavy rains because of inadequate drainage. Mr. Warren has
had to come out and clean trash out of the road because people would come out and dump
truckloads of trash in the middle of the road after dark. He made a verbal agreement with Mr.
Warren that if Mr. Warren would ditch the road out, that he would try and keep the trash out of
the road. He has hauled lots of trash, debris, and even appliances and furniture off of the road.
There is also a hazard at the intersection of Pleasant Green Road because the sight line is poor
due to a sharp curve. He does not know of anyone that would be negatively affected by the
closing of the public right-of-way.
Ed Punt said that this has already gone through DOT and they have already signed off
on it. He said that it is now up to the County Commissioners.
Commissioner Jacobs empathized with the property owners. He is supportive of closing
the right-of-way. He would like to have a process for closing a road. Geof Gledhill said that the
statutes prescribe a process that includes a public hearing and public notice.
Commissioner Jacobs suggested using the process that was used before and have a
sign put up at the road and have a public hearing on November 21St
Commissioner Halkiotis said that he would vote to shut this road down tonight because it
has been a mess for over 20 years.
Discussion ensued about the process of closing the road.
Planning Director Craig Benedict said that this is a two-step process. The Board can
accept the petition for roadway closing tonight and then proceed in the steps outlined.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to
accept the petition to abandon a 0.27-mile portion of SR 1571, Pleasant Green Community
Center Raad, from the North Carolina Department of Transportation (NCDOT) Secondary Road
Maintenance Program.
VOTE: UNANIMOUS
b. Employee Health Insurance for 2446
The Board was to consider renewal of employee health insurance plans through the
North Carolina Association of County Commissioners (NCACC} Health Insurance Trust effective
January 1, 2006.
DEFERRED
c. upaaie on riannea 5oiia vvasie operations renter on tupanKS rtoaa
The Board discussed the status of the Board of Commissioners' proposed connection of
the planned Solid Waste Management operations Center (to be constructed in 2006 on
Eubanks Road} to the Orange Water and Sewer Authority (OWASA) water and sewer systems.
Rod Visser said that the Board has already approved a contract with the architect on this
facility on Eubanks Road. The design of the facility is moving forward. The Board determined
in the spring that it would be useful to include in the facility a large enough meeting space to
accommodate large group meetings of up to 75 people. The County Commissioners adopted a
resolution that indicated to the partners in the Water and Sewer Boundary Agreement, that the
County would request that OWASA extend water and sewer service to this property, even
though it is just inside the rural buffer, because of its status as a potential public facility. The
Chair wrote a letter to each jurisdiction over the summer asking for comments. None of the
boards have taken specific actions since the Assembly of Governments meeting is coming up.
Commissioner Gordon asked if all jurisdictions had to approve this and Geof Gledhill
said na, but OWASA has to agree to extend the utilities. He has heard that no one disagrees
with the fact that it would be an essential public facility. They do want to talk about whether this
plan would be better addressed by amending the zoning map far the joint planning area to
include this land and amending the transition area. They also want to talk about the design of
the system. The County has a plan for serving this property with a force main system and
OWASA may not agree to that.
Commissioner Gordon verified that all jurisdictions do not have to agree about sending
water into the rural buffer, but they do have to agree about amending the JPA zoning map.
Commissioner Gordon asked staff for a copy of the JPA Water and Sewer Boundary
Agreement.
Commissioner Jacobs said that at the Solid Waste planning meeting, an official from one
of the jurisdictions thought this was the opportunity to provide a tremendous amount of sewer
capacity to serve the entire Rogers Road area. He understood that this was just to extend
sewer across the street. The County needs to be clear where the proposed sewer line is and
how minimal it is.
Chair Carey asked if the Board agreed that this was an essential public facility and
Commissioner Gordon said that she disagrees, and does not want to extend water and sewer to
this facility because it is in the rural buffer.
d. Appointments
{1) Unified Transportation Advisary Board -Initial Appointments
The Board was to consider making initial appointments to the Unified Transportation
Advisory Board.
DEFERRED
(2} Transfer of Development Rights Taskforce -New Appointments
The Board was to consider making new appointments to the Transfer of Development
Rights Taskforce.
DEFERRED
1 Q. Reports
a. Durham County Proposal -New Hope Preserve Interlocal Agreement
The Board was to consider and discuss possible participation in a proposal from
Durham County to create an interlocal agreement regarding property that is being jointly
acquired along the New Hope Creek corridor {which also includes a proposal for a new
committee to develop a new plan for a larger segment of the New Hope Corridor.
DEFERRED
11. Closed Session
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
go into closed session at 10:32 P.M. for the purpose of:
a. "To discuss the County's position and to instruct the County Manaaer and County
Attorney on the neaotiatina position reaardina the terms of a contract to purchase
real property," NCGS ~ 143-318.11fa)(5). (Chen property for solid waste purposes).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by seconded by to reconvene back into regular session at 10:55
p.m.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
authorize staff to move forward in acquiring an appraisal of this property and to bring back
information to the BOCC for review.
VOTE: UNANIMOUS
12. Adiaurnment
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
adjourn the meeting at 10: 58 p.m.
VOTE: UNANIMOUS
Moses Carey, Jr., Chair
Donna S. Baker
Clerk to the Board