HomeMy WebLinkAboutCFE 011303 Orange County
Commission for the Envi ron meet
c / o PO Box 8181
Hillsborough , NC 27278
Memorandum
To : Commission for the Environment IE
R- L
0 V E
From : Cara Crisler and Richard Whisnant , Co - Chairs JAN 8 2003
Date : January 6 , 2003
Re : January 13 Meeting Agenda
Please find attached the agenda and materials for the next meeting of
the Commission for the Environment , on
Monday, January 13, 2003
* * 6 : 00 p . m . * *
Southern Human Services Center
2505 Homestead Road
Chapel Hill , NC
PLEASE NOTE :
1 ) THE 6 : 00 START TIME . DINNER WILL BE PROVIDED .
The vast majority of the meeting is devoted to the State of the
Environment report , with a goal of leaving the meeting with adoption
of the final version of the report . A new version of the draft
document is still being prepared and will be sent under
separate cover prior to the meetings
if you have questions , or will be unable to attend , please contact David
Stancil ( 245 - 25981 dstancil (cbco orange . nc . us ) by the Friday before the
meeting .
FOP (
: . I
AGENDA
Commission for the Environment
January 13 , 2003
Southern Human Services Center
2505 Homestead Road , Chapel Hill , NC
Time Pg # Item
6 : 00 I . Call to Order
6 : 00 II . Additions or Changes to Agenda
6 : 02 2 III Approval of Minutes ( November 18 )
6 : 05 10 IV . Dinner / Resolutions of Appreciation
( Roy Fortmann , Lee Rafalow )
6 : 15 V . Review of Draft State of the Environment Report
Staff will review changes that have been made to the first rough draft
since the November 18 meeting ( separate cover) .
6 : 30 5 VI . Committee Breakouts — SOE Report Sections
After receiving the updated report, individual committees will go into
breakout sessions to discuss the individual sections of the report and
any changes needed .
7 : 30 VII . Reconvene — Committee of the Whole Discussion
The Commission will reconvene to hear reports from each committee
on changes from the breakout sessions , and to discuss any final
changes to the introduction and overview and report format/ graphics
8 : 40 VIII . Approval of Meeting Calendar for 2003
Attachment 2
8 : 45 IX . Commissioners Retreat Form
The Commission will instruct staff on language and text for this report,
to be transmitted to the Board of Commissioners for the January 25
retreat . Staff would email a draft form to the Commission prior to
submittal . Please see Attachment 3 .
9 : 00 X . Next Meeting — February 10
9 : 00 XI . Adjournment
i
COUNTY OF ORANGE
COMMISSION FOR THE ENVIRONMENT
DRAFT Summary of Meeting Held November 18, 2002
Orange County Southern Human Services Center
Chapel Hill , NC
Members Present : Cara Crisler , Laura Cotterman , Hervey McIver , Dan Okun ,
Richard Pratt , Lee Rafalow , Johnny Randall , Mark Smith , Rebecca Vidra , Richard
Whisnant , Chris Wachholz
Excused Absences : Annette Jurgelski , Julie Tucker
Staff Present : David Stancil , ERCD Directors Rich Shaw , Land Conservation
Managers Bradley Decker ERCD Research Associate and Carol Melton , ERCD staff
I . Call to Order
Vice Chair Crisler called meeting to order at 7 @ 30 p . m .
II . Additions to the Agenda
There were no additions to the agenda .
III . Approval of Minutes ( October 13 , 2002 )
MOTION : Okun motioned to approve the October 13th minutes .
VOTE : unanimous .
IV . Election of Officers
MOTION : Cotterman nominated Crisler and Whisnant as co - chairs . Seconded by
Wachholz .
VOTE : unanimous
V . First Draft — State of the Environment Report
Members discussed the first draft of the State of the Environment report and
offered comments on the introductory overview section . Decker said he will update
the draft for the December meeting based on discussions and feedback from
tonight 's meeting .
Cotterman reminded the group that the committees should develop long - term and
short - term recommendations , including a couple of things that the BOCC could
consider as long - term goals . It was agreed that the committees need to draft
recommendations by the December meeting .
Page 1 of 3
Draft November 18 , 2002 .
Decker thanked members for their feedback and requested to receive a
comprehensive list of comments from each committee chair to include the
following :
• committee recommendations for the Overview section of the report
• indicators you want to drop
• what to include in the " CfE response " section for each of indicator ( e . g . , what
the County is currently doing , what the County plans to do , or what the
County should do )
• stylistic changes to the format , graphs , and charts
• grammatical and substantive changes to the narrative
• specific points to make in the overview and cover letter to BOCC
It was agreed that any other thoughts/ requests would be shared via email .
Previously it was agreed that the CfE would write the Executive Summary and overall state of
the environment after the October meeting.
VI . Conservation Award Criteria / Plans for 2003 Environmental Summit
Stancil reported that on October 1st the BOCC received a report from staff about
the proposed March 2003 Environmental Summit and Conservation Award .
Commissioners were supportive , but asked for selection criteria and who would be
making the final decision . Stancil suggested that the CfE would solicit nominations ,
evaluate applications and recommend nominees to the BOCC . Stancil reminded
members that a list of proposed criteria had been distributed at the October
meeting and members were asked for other suggestions via email . Stancil
summarized the CfE member comments he had received .
Proposed Criteria
• Accomplished outstanding conservation
• Effect - how broad / extensive is the effect of the activity ?
• Context great impact with limited resources
Evaluate Conservation Awards
conservation achievement
effect on conservation / impact
increase public awareness
Retain flexibility to award to volunteers or others as deemed necessary
• 1 - 2 awards
recommendations for 2003
( re - evaluate prior to next awards )
Form
abstract
summary of activity
resume w/ organization affiliation
MOTION : Whisnant motioned to adopt the criteria . Seconded by Cotterman
VOTE : Unanimous .
Page 2 of 3
Draft November 18 , 2002 .
VII . Lands Legacy Annual Action Plan — FY 2003 - 04
Shaw reported that the proposed Lands Legacy Annual Action Plan ( AAP ) for fiscal
year 2002 - 03 was presented to the BOCC on November 11 and was well received .
Adoption of the plan is expected in early December . He noted that the AAP is
usually adopted concurrently with the CIP process , but this year it was delayed
pending decisions about the CIP and the 2001 bond sales .
Shaw noted that the 2002 - 03 Action Plan includes several of the sites that were
recommended by the CfE . He showed a map of the priority sites and identified
those recommended by the CfE , including Seven Mile Creek natural areas ,
Shagbark Hickory Forest natural area , Pickards Mountain natural area , and Upper
Eno Watershed critical areas .
The draft Annual Action Plan for 2003 - 04 will be developed this fall for presentation
to the BOCC in January . The CfE is invited to identify priorities in the area of
natural areas and watershed riparian buffers . Shaw said he will work with the
Biological Resources Committee to identify sites for recommendations by the CfE in
December or January . Cotterman asked if preliminary report from Bruce Sorrie
would be available of inclusion of information . Shaw said that he would request
that information for BRC consideration .
VIII . Adjournment ( Next Meeting — December 9 , 2002 )
Vidra suggested that as the committee has a lot of work to get accomplished , the
December meeting start earlier . Members agreed .
The CfE adjourned at 9 : 40 p . m .
Page 3 of 3
Draft November 18 , 2002 .
05
RESOLUTION of APPRECIATION - ROY FORTAIANN
WHEREAS , Roy Fortmann has served as a charter member of the Orange
County Commission for the Environment since its inception in October , 1997 ,
and
WHEREAS , Roy Fortmann has contributed to the discussions and initiatives
of the Commission during that timeframe with his thoughtful and insightful
points and vision , and
WHEREAS , Roy Fortmann served this Commission by agreeing to a term as
Chair in 2001 - 02 , providing important and necessary guidance to the
Commission through his own expertise in air quality and his general
leadership of the group , and
WHEREAS , Roy Fortmann was a important contributor in the County' s first
State of the Environment report in December 2000 , and as a participant in
the creation of the new report soon to be issued , and
WHEREAS , Roy Fortmann illustrates and exemplifies the commitment of
Orange County citizens toward issues regarding the environment and the
protection of our natural resources by his willingness to devote time to the
efforts of this commission , in addition to his other work in environmental
protection :
NOW , THEREFORE , BE IT RESOLVED that the Commission for the
Environment thanks Roy Fortmann for his five years of service on the
Commission , invites him to continue to offer thoughts and insights as
desired , and wishes him well in his future endeavors .
This , the 13th day of January , 2003 .
Cara Crisler Richard Whisnant
Co - Chair Co - Chair
RESOLUTION of APPRECIATION — LEE RAFALOW
WHEREAS , Lee Rafalow has served as a charter member of the Orange
County Commission for the Environment since its inception in October , 1997 ,
and
WHEREAS , Lee Rafalow has contributed to the discussions and initiatives of
the Commission during that timeframe with his thoughtful and insightful
points and vision , and
WHEREAS , Lee Rafalow served the Commission as liaison to several groups ,
including the Intergovernmental Parks Work Group during his tenure , and
was willing to work with multiple committees to ensure adequate
. representation and produce needed documents , and
WHEREAS , Lee Rafalow was a important contributor in the County' s first
State of the Environment report in December 2000 , and
WHEREAS , Lee Rafalow illustrates and exemplifies the commitment of
Orange County citizens toward issues regarding the environment and the
protection of our natural resources by his willingness to devote time to the
efforts of this commission , in addition to his other work in environmental
protection :
NOW, THEREFORE , BE IT RESOLVED that the Commission for the
Environment thanks Lee Rafalow for his five years of service on the
Commission , invites him to continue to offer thoughts and insights as
desired , and wishes him well in his future endeavors .
This , the 13th day of January , 2003 .
Cara Crisler Richard Whisnant
Co - Chair Co -, Chair
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ORANGE COUNTY ADVISORY BOARDS AND COMMISSIONS
INPUT FOR COUNTY COMMISSIONERS ' ANNUAL PLANNING RETREAT
January 25 , 2003
The Board of Commissioners has expressed interest in receiving input from various
advisory boards and commissions in preparation for the BOCC ' s annual planning retreat .
Please complete the following information, limited to the front and back sides of this
form . Other background materials may be provided as a supplement to , but not as a
substitute for, this form .
Board/ Commission Name :
Person to address the BOCC at Retreat and phone number .
# Positions Specified by BOCC :
Chair ' s Name :
Chair ' s Phone :
Chair ' s E -mail :
Chair ' s Fax :
Primary County Staff Contact :
Brief Statement of Board/Commission ' s Assigned Charge and Responsibilities
List of Specific Tasks , Events , or Functions Performed or Sponsored Annually
C:\WINDOWS\TEMP\MXLibDir\2003Form for Goal Setting.doc
What 2001 - 2002 BOCC adopted goal ( s) , if any, does this board/commission have a role
in carrying out ?
Describe this board/commission ' s activities/ accomplishments in carrying out the 2001 -
2002 BOCC goal( s) , if applicable .
Identify any activities this board/commission expects to carry out in 2002 - 2003 as they
relate to established BOCC goals .
What activities does this board/commission contemplate , and/or what issues does this
board/commission foresee at this time , that could lead to a proposed new BOCC goal ( s)
for 2002 - 20039
C:\WINDOWS\TEMP\MXLibDir\2003Fomt for Goal Settuig.doc
In priority order, what are the concerns or emerging issues your board has identified for
the upcoming fiscal year that it plans to address , regardless of their relationship to any
existing or new BOCC goal ?
Describe any training related to its primary responsibilities that this Board/ Commission
has received during 2001 , either collectively, or for individual members .
C:\WINDOWS\TEMP\MXLibDir\2003Form for Goal Selting.doc
L
Ional
Information Items
AO
Ile
Commission for the
Environment
Agenda
�.e
Attachment 3
Update Items
Last Month ' s Board of
Commissioners Meetings
The attached are abstracts of selected materials of interest from the
previous month s Board of Commissioners agendas . where
appropriate, action taken on the item is written on the top of the
abstract.
For more details on the items , please go to
http • / / www . co . orange . nc . us / OCCLERKS / agenmenu . htm
November 19 , 2002
November 25 , 2002
December 2 , 2002
December 10 , 2002
W/1
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : November 19 , 2002
Action Age da
Item No .
SUBJECT : Orange County/ Hillsborough Courtesy Review Agreement
DEPARTMENT : Planning and Inspections PUBLIC HEARING : (Y/ N ) No
ATTACHMENT ( S ) EN INFORMATION CONTACT :
Craig N . Benedict , Director , ext . 2592
Revised Draft Agreement
Revised Map
Public Water and Sewer Coordination Plan
TELEPHONE NUMBERS :
Hillsborough 732 -8181
Chapel Hill 9684501
Durham 688 =7331
Mebane ( 336 ) 227 -2031
PURPOSE : To consider a revised courtesy review agreement with the Town of Hillsborough .
BACKGROUND : This item was discussed at the January 29 , 2001 Board of Commissioners
work session and again during a joint meeting with the Town of Hillsborough on January 31 ,
2001 . The Board adopted the agreement on March 6 , 2001 . Hillsborough discussed the
agreement that spring , but did not adopt it .
Issues that prevented the town adopting the agreement in 2001 included concern of increased
workload by Hillsborough ' s planning director and size .or threshold limit activating review of a
project . These items have since been discussed and negotiated by a joint staff work group
composed of John Link , Orange County Manager , Craig Benedict , Orange County Planning
Director , Eric Peterson , Hillsborough Town Manager , Demetric Potts , Assistant Town Manager
and Public Works Director , and Margaret Hauth , Town Planning Director . This was discussed
at a Joint Meeting in May , 2002 .
A revised agreement is now presented for consideration . The primary difference with the
previous agreement involves setting a threshold for project review of five acres for land use
amendments , rezonings , special use permits , conditional use permits and annexations or a
project with a 50 unit residential component . These thresholds include both residential and
non - residential ( Le , commercial , office , industrial ) projects . As with the previous agreement , the
area includes the water and sewer service area boundary both in Orange County and Town of
Hillsborough jurisdiction .
2
The process for distribution of development project review material in each local government is
not included in the agreement because it is an internal process . The agreement does include
the five working day timeframe for return of comments . This timeframe is important because it
allows time for review and comment while still permitting both parties to adhere to adopted
agenda review and distribution schedules . The process proposed in Orange County by staff
includes forwarding the material to the BOCC as soon as possible through hard copy or e- mail
without staff comment . Staff and BOCC comment independently and the comments are
collected , incorporated and distributed by Staff to Town of Hillsborough .
An important new provision of the revised Agreement permits a letter to be sent to either
jurisdiction asking for more time or a Joint Meeting . The BOCC may also ask for a staff report
on an item prior to submittal .
Either jurisdiction may request a joint meeting of the elected boards to discuss a development
proposal subject to courtesy review . The request shall be made in writing by the reviewing
jurisdiction when comments are submitted or in writing by the approving jurisdiction upon receipt
of comments . When either party requests a joint meeting , the approving jurisdiction agrees to
delay its approval process for the project in question in order to accommodate the joint meeting .
If such a meeting is scheduled , the developer will provide five ( 5 ) additional copies of the
development proposal application .
At this time , the Town of Hillsborough has not voted on this agreement . Staff has been working
with Margaret Hauth , Hillsborough Planning Director , to address the issues of turn - around time
and the type of projects to be reviewed and believes this agreement is in line with jointly
discussed issues from this spring . Concerns dealing with additional time for comments to be
rendered have been addressed in this revised Agreement .
In addition , both staffs have worked on an informal process to review the determination of
water and sewer availability by Hillsborough and the timing of how it melds into the County
subdivision process . A copy is attached for your edification . This may become a more formal
process when Hillsborough develops the Strategic Plan For Growth .
FINANCIAL IMPACT : There is possible personnel resource impact as an existing planner
would add to their responsibilities and be assigned to react to proposals in relatively short time
frames and attend meetings to understand the proposal and offer comment .
RECOMMENDATION (S ) : The Administration recommends that the Board approve the revised
agreement .
r•=
c�
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : December 2 , 2002 Action Agenda
Item No .
SUBJECT : Pro osed Environmental Summit and Conservation Award
DEPARTMENT .
ERCD PUBLIC HEARING : (YIN ) No
liiiiiiiiiiiii liiiiiii ORION III
ATTACHMENT ( S ) : INFORMATION CONTACT :
Proposed Summit Agenda David Stancil , ext . 2590
Proposed Nomination Form with Criteria Rich Shaw , ext . 2591
TELEPHONE NUMBERS :
Hillsborough 732 -8181
Chapel Hill 968 =4501
Durham 688 =7331
Mebane 336 =227 -2031
PURPOSE : To consider the Commission for the Environment ' s proposal to hold an
Environmental Summit , in March of alternating years , to bring together members ofo proposed new
environmental organizations and present the State of Environment Report and a p p
Orange County Conservation Award (with proposed criteria attached ) .
BACKGROUND : The Orange County Commission for the Environment ( CfE ) , created by the
Board of Commissioners in 1997 , advises the Board on matters related to the County s natural
environment . The CfE produced the County ' s first State of the Environment report in February
2000 . The report , to be produced every two years consistent with BOCC goals , examines key
issues and trends that affect the quality of the environment . The CfE is working on the second
State of the Environment Report ( 2002 ) for presentation to the Board in January 2003 .
To help publicize the report and create an event organized around environmental issues , the
CfE has developed a proposal to hold an " Environmental Summit on March 29 , 2003 to bring
together the many different groups and organizations involved in environmental protection . The
Summit would also help publicize the findings and recommendations in the bi annual State of
the Environment report , and generate further discussion of how the County can work with f the
entities (jurisdictions , private sector , general public ) to monitor and improve the quality o
environment . An agenda for the March 29 initial summit is attached (the proposed summit
would be held on Saturday morning ) . The Board has been polled on the date for the Summit .
The CfE also proposes that Orange County recognize individuals that have shown a sustained
and outstanding commitment to resource conservation in Orange County . The CfE
recommends recognizing those individuals with an " Orange County ConservatioW hward " .
Under the proposal , nominations would be solicited in the fall of alternate yearsl
recommendations forwarded from the CfE , and award confirmation by the Board of
Commissioners . The awards would be announced at the proposed Environmental Summit . A
draft nomination form is attached .
2
When this item was discussed by the Board on October 1 , interest in having criteria for the
Conservation Award was expressed . The Commission for the Environment and viduals for the
developed criteria ( attached ) which would be used by the rdFE to for awards recommend
Board ' s consideration ( and could also be used by the Bo )
FINANCIAL IMPACT : To help defray costs for the Summit , the Commission for
the
The
Environment proposes to ask local restaurants and markets to contribute breakfast .
Summit would be held at a public facility , such as the Southern Human Services Center .
to
The anticipated cost of the summit is less than $ 1 , 000 . Other donations will be solicited
cover the costs of the event .
RECOM MENDATION ( S ) : The Manager recommends that the BOCC approve the Commission
for the Environment' s proposal and authorize the CfE and ERCD to plan and
s and d ize the CfE to
an
Orange County Environmental Summit for March 29 , 2003 , and to author
izesolicit nominations for a new Orange County Conservation Award ( in December) .
3
Draft 5 — 11 - 26 - 02
1 " Orange CountyEnvironmental Summit
'Very two years on the last Saturday In March
10. •00 a. m. to 12 noon
March 29 , 2003
Location: Southern Human Services Center (tentative) . Meeting room
and lawn (weather permitting) .
Draft Agenda for March 29 , 2003
1 . 10 : 00 Breakfast / Welcome and Introductions
2 . 10 : 10 Dignitaries / Other Brief Speakers / Orange County
Achievements
3 . 10 : 25 State of the Environment presentation (public audience)
4 . 10 : 45 Keynote Speaker
5 . 11 : 15 First Annual Orange County Conservation Award( s)
6 . 11 : 30 Free-time , Exhibits (all land trusts and conservation groups
invited to have displays)
7 . 12 : 00 Adjourn (Nature Hike / Field trip - optional)
Invitees
➢ General Public
➢ Members of all area conservation and environmental groups
➢ All land trusts
➢ Interested citizens , students (collegiate and high school)
➢ Elected Officials
➢ Advisory Board members
➢ State officials (DENR , others)
➢ Media
Draft 5 — 11 - 26 - 02
Actions Needed / Timeline
Note : Work on
the SOE report would continue throughout the timeline below
M
tember - October 2002 Present Summit and Conservation
Sep Award concept to BOCC for approval .
Begin solicitation for Orange County
Conservation Awards (OCCA' s) .
Make sure exhibitors/partner groups
available for Summit . Complete draft
a endal ro am .
October. November 2002 Solicit keynotes Baker
January 2003 Make recommendations to BOCC on
Ja Y OCCA Awards . Finalize program and
details (b 1 / 31) .
Februa , 2003 BOCC reviews/approves OCCA
awards . Publicize event / invite
media (includingUNC ublicity) .
Saturday March 29 , 2003 =for
tendees for
participants on
annin .
Other Notes
➢ Ask local restaurants and markets to contribute food for the breakfast/ snacks
➢ Conduct a survey at close of event to gauge attendees reaction to SOE , priorities
and their reaction
➢ Obtain canopy for outside activities
➢ with plaque as the Orange County Conservation Award
Offer a framed print
➢ Ask NCDENR Secretary Bill Ross to be keynote speaker at initial summl
5
2003 Orange County Conservation Award
Nomination Form - 2003
Conservation Award (OCCA) is an bi- annual award that recognizes
The Orange County
individuals and organizations that have shown a sustained and outstanding comet would
tment
to conservation of natural and cultural resources in Orange Coun t on of natural and
be a person who has achieved significant results toward resident of Orange County . The
cultural resources in the Orange County , and must following criteria will be used to evaluate candidates *
nominee(s) demonstrate outstanding accomplishments in the area of natural
Did the no (s)
➢
and cultural resource conservation?
was the si ' ficance and effect of the nominee(s) action — was it broad and
➢ What gm
extensive or localized in nature?
the im
What was p act of the nominee (s) action on the conservation of the resources in
➢
question? '
action increase public awareness of conservation issues within the
Did the nominee(s)
➢
County?
ission
Nominee( s)
for the OCCA awards will be compiled by the Orange County Comm
or the Environment, with recommendation(s) forwarded to the Orange County Bo
ard of
f
Commissioners for approval .
To no
minate an individual for this award, please fill out the form below and return by
email , fax , or mail to
Commission for the Environment
C/o Orange County ERCD
PO Box 8181
Hillsborough , NC 27278
Phone : 919/245 -2590
Fax : 919/644 - 3351
Email : cmelton@co . orarige .nc . us
Supplemental materials , such as photos of a preserved oproperty or public relations
positive feedback , maybe
materials the individual produced that generated Oran e County Environmental Summit on
included . The award will be presented at theg
March 29, 2003 .
Ill
• ination Submittals : Fri 11 day , January 179 2003
Deadline for Nom
6
PART 1 . Nominee and Submitter Information
Nominee
NAME :
ADD RES S
NINE
CITY/ STATE/ZIP :
DAYTIME PHONE :
&MAIL :
Submitted By :
NAME :
ORGANIZATION :
ADD RBS S
CITY/ STATE/ZIP :
DAYTIME PHONE :
E- MAIL :
III IN
Part 2 . Abstract / Narrative of Accomplishment
Please submit a brief abstract or narrative (500 words or less) that
clearly explains how the individual nominated is an exemplary
conservationist and why he/she should receive the Conservation Award.
(please attachment separate sheets as needed)
c -�
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECISION ITEM ABSTRACT
Meeting Date : December 2 , 2002
Action Agenda
Item No .
SUBJECT : Telecommunications Tower Ordinance Amendments
DEPARTMENT : Planning and Inspections . PUBLIC HEARING : (Y / N ) NO
ATTACHMENT ( S ) :
Administration Ordinance Pg 6
Table of Permitted Uses Amendment Pg 29a INFORMATION CONTACT :
Recommended Changes by Planning Brd . Pg 29b Craig Benedict , Director , Ext . 2592
Planning Board Ordinance ( Draft copy ) Pg 46 Tom King , Planner II , Ext . 2607
Proposed Schedule of Fees Amendment Pg 67
Speakers info presented @ Public Hearing TELEPHONE NUMBERS :
and Planning Board Pg 68 Hillsborough 732 -8181
Minutes of August 26 , 2002 Public Hearing Hearing Pg 96 Chapel Hill 9684501
Durham 688 -7331
Minute of September 4 , 2002 Planning Mebane 336 -227 -2031
Board Meeting Pg 102
Map of Existing Telco Towers Pg 114 NEEDED! -
PURPOSE : To close the Public Hearing and to make a decision regarding the proposed
Telecommunication Tower (Telco ) Amendments .
BACKGROUND : On March 6 , 2002 , the Board of County Commissioners approved a six-
month moratorium on the processing of Special Use Permits relating to Telecommunication
Towers . The purpose of the moratorium was to allow Staff sufficient time to gather information ,
work closely with the County Attorney ' s Office , prepare amendments and to make a
presentation at the August 26 , 2002 Quarterly Public Hearing pertaining to updating / revising the
existing regulations . As the industry has been rapidly changing , so has the need to keep up to
date . The Planning Staff met twice with all interested County Departments to discuss areas of
common interest . EMS and IT , as well as other functions , have a stake in the
telecommunications amendments .
Staff held an informational meeting with telecommunication industry representatives on July 31 ,
2002 to receive their comments and concerns on the proposals . Seven people attended t
he
meeting . Primary concerns were limiting application review to once per year , clarification of the
` existing structures ' definition , drop in tower height , required inspections and fees .
On August 12 , 2002 , Staff held a meeting with potential participants in the Master
Telecommunication Plan ( " Plan " ) program to gauge interest in the Plan . Six persons attended
the meeting . Farmers participating in the Voluntary Agricultural District program were
particularly interested in additional revenue sources to help offset rising farming expenses and
to promote sustainability . According to those farmers present , the additional income from land
leases to telecommunication providers could be the difference in continuing to farm versus
having to sell off parts of the farm to pay for rising costs and operating expenses .
2 n
��ss
6
2
The Board of Adjustment reviewed the draft ordinance on August 12 , 2002 . That Board ' s
primary concern was the restriction of the telecommunication application processing to two
meetings per year . The Board felt that applications should be filed and processed on an as
needed basis so that the workflow was even rather than point loaded at specific meetings .
Some Board members questioned the need for annual inspections after a tower is approved
and constructed .
PROPOSED AMENDMENTS .
New Provisions :
A) Height and User Amendments
1 . Lowers height of Special Use Permit , Class B ( less than 4 users ) , from 200 feet to 150
feet maximum .
2 . Maintains height of Special Use Permit , Class B (4 - user minimum ) , of less than 200 feet
if the tower is designed and reserved for up to four users . Provides incentives and
promotes co - location on existing and proposed towers .
3 . Require towers greater than 150 feet height (with less than 4 users ) to be processed as
a Special Use Permit , Class A , which is processed through the Planning Board & Board
of County Commissioners ,
B ) An Annual Telecommunications Projection Meeting (ATPM ) required prior to
December 31 between telecommunication providers and Planning Staff
1 . Determines the telecommunication industry ' s needs in Orange County for the coming
year .
2 . Will allow Staff and consultant to review industry needs and proposals to determine if
co- location opportunities exist on existing facilities or on proposed new towers .
3 . No applications will be accepted during the following year unless the tower was
identified and discussed in the ATPM . [ Exception : Unforeseen Events/ Circumstances ]
4 . Ordinance proposes bi - annual processing of telecommunication tower applications
a . Board of Adjustment to hear cases as submitted in accordance with ATPM review
1 . The ordinance has been revised to allow filing of applications at any time
provided the site was submitted and discussed at the ATPM .
b . Board of County Commissioners to hear cases at either the May or November
Quarterly Public Hearings depending on submittal date of the application .
1 . The same requirements for review as exist for the Board of Adjustment .
C ) Ordinance promotes co -location of antenna ( s ) on existing buildings , transmission
towers , utility poles , and similar structures through lower fees and Staff approval
1 . Engineer' s sealed drawings required prior to staff issuance of any permit for antenna ( s ) .
2 . Maximum height of antenna ( s ) above structure height set at twenty ( 20 ) feet .
3 . Encourages stealth facilities ; justification required if stealth antenna ( s ) is not proposed .
4 . Limits any accessory buildings/structures pertaining to either tower( s ) or antenna ( s ) to
600 square feet per user with a maximum height of 12 feet .
D ) Ordinance has higher technical standards for tower review at both the Special Use
Permit and the Building Permit application stages
1 . As a result of higher technical standards the County will need to contract with a
telecommunication consultant for technical expertise regarding telecommunication
towers . ( Board comments noted this need previously . )
lj
3
E ) Requires periodic inspections and engineer certifications on existing towers
1 . Major inspections to be performed by a structural engineer every thirty- six ( 36 ) months ,
except in cases where a tower site has no structures , other than those associated with
the tower , that are located within the tower' s fall zone , or at the time of a co - location ,
with a report to be submitted to the Inspection Division .
2 . Minor inspection (visual ) to be performed yearly by the County ' s consultant or a properly
trained Inspection staff member .
3 . Requires structural analysis of existing towers within 12 months of the effective date of
the ordinance .
F ) Master Telecommunication Plan ( " Plan " ) Note : The revised telecommunication
ordinance only creates a ` place holder ' for the eventual adoption of a Master
Telecommunication Plan that will plug into the approved ordinance .
1 . New provision will create the opportunity for the BOCC to consider a two - phase
approval process for towers less than 200 feet in height . The Plan works as follows :
a . Initial Plan participants request to be included in the Plan ( private , public , quasi -
public and public interest lands may be available to develop an efficient grid
system ) .
b . The Planning Staff will notify adjoining owners in accordance with ordinance
provisions and the Plan will proceed to quarterly public hearing .
c . Advocates and opponents of the Plan will be afforded the opportunity to speak on
behalf of or in opposition to the Plan .
d . After Planning Board recommendation , the BOCC will have final approval authority
on the Plan .
e . If the Plan is adopted , telecommunication providers shall meet the same
performance evaluation standards for a building permit as they currently meet in the
Board approval process .
f. Additions to the Plan will only be considered annually ( proposed at the February
Public Hearing ) . A fee to cover advertisement and administrative processing ( legal
ad , mailing , etc ) is proposed .
g . Withdrawal from the Plan can be accomplished by submitting a notarized statement
from the owner ( s ) that requests that their property be withdrawn from the Plan .
G ) Special Use Permit standard revisions
1 . Defines overall policy and desired goals for Special Use Permits for telecommunication
towers .
2 . Set distance requirements between towers
a . '/z mile separation required ; no separation requirement in current ordinance
b . Unforeseen events defined and allows flexibility by Director within parameters
3 . Increased the search ranges that applicant has to justify in order to place a new tower
a . From '/2 mile to 1 mile for towers less than 150 feet height and shorter
b . From 1 mile to 2 miles for towers greater than 150 feet height
4 . Requirement of a balloon test with certified notification requirement by applicant to all
property owners within County' s required notification range
5 . Provision for the requirement of an Environmental Assessment Analysis ( if deemed
necessary ) and Visual addendum . Provision for submittal of a Visual Impact
Assessment to aid in evaluation of proposed tower' s visual intrusiveness
4
H ) Fee Schedule Modification
1 . New fees are set forth in a separate ordinance attachment included as a part of this
packet .
2 . The Master Telecommunication Plan and the consultant review system was
discussed at the September 3 , 2002 BOCC meeting .
PROCESS :
First Action : The Public Hearing was held on August 26 , 2002 . The BOCC recommended that
the amendments be referred to the Planning Board at their September 4 , 2002 monthly meeting
for a recommendation to the BOCC no sooner than September 17 , 2002 .
Main Issues at the Public Hearing :
1 ) fall zone requested to be increased to 110 % of tower height
a . The proposed ordinance has been amended
2 ) light visibility from adjacent properties and upward glare prohibited
a . The proposed ordinance has been amended .
3 ) balloon test notification to adjoining properties certification required from applicant
a . The proposed ordinance has been amended .
4 ) sign posting of site for balloon test date , times to be required in new ordinance
a . The proposed ordinance has been amended .
5 ) Annual Telecommunication Projection Meeting (ATPM )
a . allows Class A & B applications to proceed to provided ATPM was considered for
the site
b . Class A SUP applications to be considered at May and November quarterly public
hearings , Class B SUP applications to be considered as necessary
6 ) perimeter buffers enhanced
a . The proposed ordinance has been amended .
7 ) industry concerns addressed to the extent recommended
a . dropped twice yearly meeting of Board of Adjustment from recommendation
b . recommend allowing subsequent major inspection dates to be calculated from
date of a co - location or prior to certificate of occupancy , whichever is greater .
c . clarified ' existing structure ' definition
do added provision for ` Unforeseen Events ' for defined situations
e . recommend reducing the application fees and setting up an escrow
f. staff does not recommend opening up the ATPM to more than once per year
go staff does not recommend processing all SUP ' s at Board of Adjustment level
Second Action : The Ordinance Review Committee heard the amendments on September 4 ,
2002 . The Committee recommended that the entire Planning Board make a recommendation .
Third Action : The Planning Board heard the amendments on September 4 , 2002 . The main
issues discussed at the Planning Board meeting are as follows :
1 ) Recommended that ' Unforeseen Events ' be clarified to state that unanticipated
circumstances may allow review of towers not submitted at the ATPM . Also , clarified
that towers could be retrofitted in accordance with ordinance requirements .
2 ) Recommended revision of Section 6 . 18 . 2 ( d ) ( 2 ) to add ' 6 . 18 ' to clarify the reference
to ' this section ' .
3 ) Recommended that utility provider language be inserted to allow co - locations on
utility poles within public ngWof-way .
d�
5
4 ) Added language to Section 6 . 18 . 4 to require that towers be minimally visually
intrusive .
ning rods to be included in the determination of
5 ) Added provision to require lighte
maximum height .
6 ) Recommended amending Section 6 . 18 . 4 (f) ( 2 ) ( a ) to remove provision for 36 - month
inspections if a fall zone is provided .
7 ) Requires trained staff member or consultant to perform annual visual inspections .
8 ) Recommended amending Section 6 . 18 . 4 (f) ( 5 ) ( e ) to remove provision that a North
Carolina Registered Professional Engineer certifies that the tower meets current
standards by replacing current with original/initial status if the tower is less than six
years old .
9 ) Master Telecommunications Plan not required but optional at BOCC discretion .
10 ) Recommended adding language setting criteria and clarifying the exceptions to the
1/2mile spacing limitation between towers .
11 ) Clarifies that balloon test cannot be used as a criteria to deny a SUP but only can be
used to assist in the reduction of visual intrusiveness .
12 ) Added provisions to minimize light diffusion from site .
13 ) Amended ordinance to define ` Fall Zone ' .
14 ) Recommended reducing the application fees to $ 2 , 500 for Class A SUP and $ 1 , 500
for Class B SUP and to require an escrow account from which consultant ' s review
fees are paid , with residual amounts returned to the tower owners . Initial amounts of
the escrow to be $ 7 , 500 for Class A SUP and $ 7 , 000 for Class B SUP .
15 ) Added language that exclusion of co - locators from towers is not permitted and that
the consultant will advise the County regarding exorbitant market rate leases .
16 ) Adds section to ordinance to require the establishment of an escrow account .
The Planning Board voted 54 to approve the entire ordinance , with the amendments . The four
members in opposition to the entire ordinance expressed concern about the development of the
Master Telecommunications Plan ( MTP ) , which does not go into effect with this Ordinance
amendment . The MTP is being investigated and formulated by a multi - departmental task force
that includes IT , EMS , Purchasing , Budget , ERCD , Planning and stakeholders ( such as
Agricultural District landowners , and volunteer fire departments ) that may be part of the MTP
system . The MTP section of this ordinance will not be used until a Public Hearing is held , a
recommendation provided by the Planning Board and adoption by the Board of County
Commissioners . Any actions associated with the MTP will be subsequent to the adoption of this
ordinance and do not affect the validity or enforceability of these telecommunications ordinance
amendments .
Fourth Action : Board of County Commissioners to make a decision within a reasonable time .
FINANCIAL IMPACT : There is no public fiscal impact related to this decision .
RECOMMENDATION : Administration recommends Approval of the telecommunication
ordinance as revised by the Planning Board with the exception # 8
above . See page 19 Subsection e . in the Administration Ordinance
for the recommended language . Administration recommends
Approval of the amendment to the Orange County Schedule of fees
( page 67 ) .
6
kv
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : December 2 , 2002
Action Age da
Item No .
SUBJECT • Adams Tract — Potential Participation
DEPARTMENT : Environment and Resource PUBLIC HEARING : (Y/ N ) No
Conservation
ATTACHMENT INFORMATION CONTACT :
1 ) Staff Memo David Stancil , 245 -2590
2 ) Carrboro Response to Questions ( 11 / 12 /02 )
3 ) Map
TELEPHONE NUMBERS :
Hillsborough 732 =8181
Chapel Hill 968 =4501
Durham 688 =7331
Mebane 336 =227 =2031 SENSE
MINE
PURPOSE : To consider potential participation in the acquisition of a 29 - acre site in
Carrboro , in conjunction with the Town of Carrboro .
BACKGROUND : In May of this year , the Town of Carrboro transmitted a request for County
participation in the acquisition of a 29 - acre tract of land along Bolin Creek inside the Town
known as the "Adams Tract . " Specifically , the Town asked if Orange County would
appropriate funds to be used as local government matching funds for a grant application to
the Clean Water Management Trust Fund .
In October , the Town asked that the $ 750 , 000 portion of the 2001 Parks and Open Space
bond identified for Carrboro greenways be used to provide matching funds toward the
acquisition of this property . On November 111h , the Board discussed this request .
As a result of that discussion , the Board asked that :
1 . A set of clarifying questions be transmitted to the Town of Carrboro regarding potential
participation in this acquisition ( please see Attachment 1 ) , and
2 . That a special presentation be scheduled for November 19th , inviting Town staff and
Board members to make a presentation on the significance of this property to the Town
and County open space networks and natural areas .
Carrboro ' s responses to the questions were transmitted as a part of the Board ' s special
presentation on this item on November 19 , and are again included as an attachment .
2
At the November 19 special presentation , Carrboro Assistant to the Town Manager Richard
White spoke regarding the Town ' s interest in this acquisition . Five additional persons spoke
in support on the acquisition of the Adams Tract .
An attached staff memo attempts to collate new information received ( both on November 19
and in subsequent conversations ) , and provides a possible scenario of County involvement .
In summary , this memorandum notes the following :
➢ That the Town ' s $ 200 , 000 grant award from the Clean Water Management Trust Fund is
tentative , to be finalized on December 10t"
➢ The most recent appraisal of the property is $ 1 . 35 million
➢ The Joint Town/County Open Space funding in the CIP provides for $ 400 , 000 in this
fiscal year ( 2001 bond — first bond sale )
➢ One potential scenario of County involvement could provide matching funds for the Clean
water grant ( $ 200 , 000 ) , plus an additional $ 200 , 000 from the current year appropriation ,
and a "dollar-for- dollar" match of other future Town /other funds , up to $ 350 , 000 total .
➢ That the conditions of County involvement could be addressed through 1 ) a conservation
easement , granted by Carrboro to Orange County and other parties , that prohibits
undesired uses , 2 ) a "Joint Use " Memorandum of Agreement , 3 ) deed restrictions and 4 )
resolutions adopted by both boards as to the planned uses of the property .
FINANCIAL IMPACT : If the County chooses to participate in this acquisition in the manner
outlined in the attached memorandum , the $ 400 , 000 appropriated for Town greenways ( Joint
Town / County open space ) in the 2002 - 03 Fiscal Year would be identified for this project
( contingent on the County ' s conditions of participation ) . An additional amount , a dollar-for-
dollar match up to $ 350 , 000 , would also be identified from the Lands Legacy fund ( either
2001 bond funds or pay- as -you go funding ) . The latter amount would require a repayment
over time of 50 % of the Lands Legacy portion . In this scenario , County funding participation
would be conditioned on the completion of a conservation easement by December 31 , 2003 .
RECOMMENDATION ( S ) : The Manager recommends that the Board discuss the scenario
outlined in the attached memorandum and agree to participate with the Town of Carrboro
( providing a local government match for the Clean Water Management Trust Fund ) as
outlined in the memorandum , contingent upon the conditions proposed .
28
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSESSION AGENDA ITEM ABSTRACT
Meeting Date : December 10 , 2002
Action Agenda
Item No . x
SUBJECT : AmeriCorps Im rovements Pro ' ect — Southern Human Services Center
DEPARTMENT : Environment and Resource PUBLIC HEARING : (YIN ) No
Conservation , Recreation and
Parks , Purchasing
ATTACHMENT INFORMATION CONTACT :
1 ) Map of Southern Human Services Center Gwen Harvey , 245 -2300
David Stancil , 245 - 2590
Lori Taft , 245 - 2660
TELEPHONE NUMBERS :
Hillsborough 732 = 8181
Chapel Hill 968 =4501
Durham 688 -7331
Mebane 336 -227 -2031
PURPOSE : To review tentative plans for an AmeriCorps improvements project at the
Southern Human Services Center in early 2003 .
BACKGROUND : In the spring of 2002 , at the Board ' s request , staff submitted an application
to AmeriCorps National Civilian Community Corps , a national public service agency , for
assistance with a project at the Southern Human Services Center ( SHSC ) . In September ,
AmeriCorps responded that the project had been selected .
A 12 - member AmeriCorps project team ( known as Team " Silver- 5 " ) will arrive in Orange
County on January 14th and will stay six weeks , departing on February 28 . The project team
will include 1 -2 supervisors from AmeriCorps . A representative from AmeriCorps will be
present for a pre - site visit on December 1 11he
The BOCC will recall that within the Space Needs Study , reference is made to the restoration
and future use of the old house ( Conference Center) on this property for meeting and
conference space . The AmeriCorps work is designed to be compatible with future plans and
intentions for both the Conference Center and the surrounding developable properties .
While some flexibility is needed to provide for changes to AmeriCorps work plan items , the
basic activities planned for the project team are :
2
➢ Preparation work for an ADA- accessible paved trail from the future Conference
County
( old house ) to the existing pond , to be fully developed during a later phase w y
resources
➢ Clearing and construction of trails around the undeveloped portion of the Southern
Human Services Center site ( avoiding areas of potential future expansion )
➢ Clearing and improvements around the house to the existing pond
➢ Cleaning of the exterior of the future Conference Center
➢ If needed , trail construction at McGowan Creek Preserve and Little River Park
➢ If needed , assistance to Habitat for Humanity at the Richmond Hills subdivision
It is not proposed that any structural additions be made to the future Conference Center as
art of this project , although construction of a deck was part of the original proposal . erne
p the need for structural engineering
uncertainty about future use and design of the Center ,
review and the requirement for a Town of Chapel Hill Zoning Compliance Permit combine to
make that part of the project impractical during the AmeriCorps visit .
Upon completion , staff envision that the initial use of the AmeriCorps improvements will be
for the enjoyment and benefit of employees and visitors to Southern Human Services Center .
While the AmeriCorps team is here , the County is also responsible for offering educational
and recreational opportunities . The staff team planning for the project (with representatives
from the Manager' s Office , Recreation and Parks , Public Works , ERCD , Planning , Housing ,
and Social Services ) has identified the following possible experiences ( a subset of which
would be pursued ) :
➢ A bus tour and orientation of the county ,
➢ A tour and orientation to the Southern Human Services Center ,
➢ A community shelter visit ,
➢ UNC basketball tickets ,
➢ " Inside " tour of UNC hospitals ,
➢ Duke Forest visit and talk with Forest Manager ,
➢ Volleyball ,
➢ Invitation to the annual Community Dinner in Carrboro ,
➢ UNC and Duke campus tours
➢ Site visit with Habitat for Humanity ,
➢ Site visit to Triangle SportPlex , and
➢ A pre - project welcome and closing dinner / celebration .
Also , while the team is here , County staff members from ERCD , Recreation and Parks and
Public Works will need to be present to instruct and oversee the work of the project team .
The extent of this time commitment is not known at present , but may potentially affect the
timing of other County projects .
3
FINANCIAL IMPACT : Funds in the amount of $ 10 , 000 in this year' s CIP were appropriated
for improvements as part of this project . The cost of the team labor is covered by
AmeriCorps . County financial impacts will be primarily in lodging (which has been secured at
Camp Chestnut Ridge at $ 2 , 500 ) and miscellaneous tools , work gear and work implements .
The AmeriCorps team will provide and cook their own food , using the kitchen facilities at
Camp Chestnut Ridge .
RECOMMENDATION ( S ) : The Manager recommends that the BOCC receive the special
presentation and offer any feedback to staff, as desired .
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1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : December 10 , 2002
Action Agen a
Item No .
SUBJECT : Approval of Recommendations from the Greene Tract Work Grou
y 9
DEPARTMENT :
Count Manager PUBLIC HEARING : (Y/ N ) No
ATTACHMENTS } : INFORMATION CONTACT :
Rod Visser , 245 - 2308
6/26/ 02 Work Group Resolution Dave Stancil , 245 - 2598
(incorporates Map of Concept Plan) TELEPHONE NUMBERS :
Hillsborough 732 = 8181
Chapel Hill 9684501
Durham 688 =7331
Mebane 336 =227 -2031
PURPOSE : To consider formal approval of the recommendations from the Greene Tract
Work Group regarding the disposition of the 104 acres of the Greene Tract that remain in joint
ownership .
BACKGROUND : The solid waste management interlocal agreement signed by the County
and Towns in September 1999 and amended in March 2000 lays out parameters under which
the Greene Tract owners are to resolve the ultimate disposition of the approximately 104 acres
of that parcel that remain in joint ownership . The agreement also addresses how the Solid
Waste/ Landfill Enterprise Fund is to be reimbursed if the property is put to uses that are not
related to the solid waste enterprise . The interlocal agreement anticipated that the Greene
Tract owners would reach agreement on the disposition of the property during a bargaining
period that concluded on April 17 , 2002 (the two year anniversary of the effective date upon
which Orange County assumed overall responsibility for solid waste management in Orange
County ) .
The Greene Tract Work Group provided an interim report to the three governing boards in the
form of a resolution dated March 21 , 2002 . That resolution requested that each of the three
governIF
ing boards approve an extension to the bargaining period to allow the completion of
discussions that could lead to consensus on a concept plan for the remainder of the Greene
Tract . All three governing boards approved an extension of the bargaining period , which led to
the Work Group (with Commissioners Brown and Carey representing the BOCC ) reaching
consensus on a concept plan for the ultimate disposition of the 104 acres of the Greene Tract
remaining under joint ownership . The accompanying resolution and concept plan map reflect
the Work Group ' s recommendations .
The BOCC received a report on the Work Group recommendations at the October 15 , 2002
ith the Work Group recommendations . Since that
meeting , and indicated general concurrence w
time , the governing boards of Carrboro and Chapel Hill have both acted to accept the Work
2
Group recomm
endations . This agenda item provides the BOCC with the opportunity to take
formal action to accept the Work Group recommendations , as outlined in the accompanying
Work Group resolution .
FINANCIAL I MPACT : There Is no financial impact associated directly with the discussion of
the re solution . However , the County and Towns will be obliged to reimburse the Landfill
Enterprise Fund for the original 1984 purchase price of $ 608 , 000 , plus interest ,othrithan those of
Pfor
recommended by the Work Group , the Greene Tract h October the Manager will
the solid waste system . As directed by the Board at th o develop recommendations by
confer with the Carrboro and Chapel Hill Town Managersp
March 2003 back to the respective governing boards regarding the structure , timing , and source
of reimbursement funding to the Landfill Enterprise Fund .
RECOMMENDATION ( S ) : The Manager recommends that the Board approve
recommendations outlined in the accompanying Greene Tract Work Group resolution .
1
DRAFT
ORANGE COUNTY "t� c3
BOARD OF COMMISSIONERS P
ACTION AGENDA ITEM ABSTRACT
Meeting Date : December 10 , 2002 Action Agenda
Item No .
Ade uate Public Facilities Memorandum of Understandin
_ SUBJECT : Schools
DEPARTMENT . County 9
nt Manager/ Planning /er/ Planning / PUBLIC HEARING : (YIN ) No
ATTACHMENT ( S ) :
11 /27 / 02 County Attorney Letter INFORMATION CONTACT :
John Link or Rod Visser , ext 2300
Proposed Addenda to MOU
xt 2592
School Adequate Public Facilities Crai Benedict , e
Memorandum of Understanding TELEPHONE NUMBERS :
Revised Exhibit A - School Adequate Hillsborough 732 =8181
Public Facilities Ordinance Chapel Hill 9684501
Decision Matrix of MOU Elements Durham 6884331
Frequently Asked Questions ( FAQ ) List Mebane 336 =227 =2031
11 / 19 /02 Chamber of Commerce Letter
PURPOSE : To approve the proposed School Adequate Public Facilities
Memorandum of Understanding ( MOU ) and confirm the future intention to adopt a
model Ordinance ( SAPFO ) .
BACKGROUND : For the past several years , the governing boards of the County ,
Towns and school systems have been discussing the possible adoption of a School
Adequate Public Facilities system . As noted in the MOU , that reflects the recognition
of the need to work together to ensure that new growth within the County ' s two school
districts occurs at a pace that allows Orange County and the school systems to
provide adequate school facilities to serve the children within new developments . It is
also important to continue to maintain a Capital Investment Plan ( CIP ) that is
financially feasible and synchronized with historical growth patterns .
The Board reviewed and discussed a wide range of documents related to school
adequate public facilities at their October 21 , 2002 work session , and again at the
October 30 , 2002 meeting of the Assembly of Governments . The Board further
discussed schools adequate public facilities at the November 19 meeting and
indicated the intent then to give formal consideration to approval of the MOU at this
December 10 meeting . Staff have provided an updated MOU Decision Matrix, which
outlines the major decision points that would be inherent in the Boards form
approval of the MOU .
The Schools Facilities Task Force recently met , with the County Attorney in
attendance , and proceeded to make recommendations on all issues . The
recommendations are consistent with similar issues addressed by the Schools and
�9
DRAFT 2
Land Use Councils in June and October 2002 , The Schools and Land Use Councils
and School Facilities Task Force have discussed the MOU and model ordinance in
great detail during the past six months . Perhaps the issue that required the most
discussion and scrutiny by all parties was how to initiate the Ordinance without
inducing a defacto development moratorium while maintaining equity of standards
between the two school systems . Any defacto moratorium would likely have only
affected the Orange County School District because their Middle School segment
presently exceeds the 107 % Level of Service standard contemplated in the MOU
( actual OCS middle school student membership is at approximately 111 % of capacity ) .
The County Attorney has prepared proposed addenda to the MOU and proposed
changes to the model ordinance that would address several concerns raised
throughout the SAPFO review process , particularly the one noted above about
avoiding a defacto moratorium at the middle school level in the Orange County
Schools system . The Attorney will review the pertinent points on this subject that he
outlined in his attached November 27 letter to the Planning Director . The Attorney has
also suggested possible changes to the model ordinance on this subject , and can
respond to questions on that point . However , it should be noted that the Board is
not expected to act on the model ordinance until early 2003 . The only Board
action contemplated at this December 10 meeting is approval of the MOU .
During numerous public meetings and from various items of correspondence that the
County has received , many excellent questions have been raised about the
mechanism and implications that would be involved in the implementation and
administration of SAPFO . Staff have compiled a " Frequently Asked Questions " ( FAQ )
list that restates and answers many of these questions . Staff plan to use the FAQ list
as an important component of the public education effort that will be essential to
successful implementation of the ordinance . Additional questions (with answers to be
developed ) to be incorporated in the FAQ list are welcomed from the BOCC , other
elected officials , and interested citizens and community groups .
Questions have also been raised regarding the implications of delaying the
implementation of the School Adequate Public Facilities Ordinance system to a date
other than the February 15 , 2003 date established in the Memorandum of
Understanding . A change is possible if the Memorandum of Understanding is
appropriately modified by all parties . An implementation date of April 15 , 2003 could
be pursued with the understanding that the following implications of changing the date
might be experienced :
1 . School Adequate Public Facilities Ordinance data would still be collected
and analyzed as noted in the original schedule ( Fall of each year) ;
2 . School Adequate Public Facilities Ordinance data would not be acted upon
as early , meaning some data may become " old " as the student membership
numbers are dynamic through the year .
3 . Developments in the pipeline or in the concept stage may be able to
proceed without being subject to the School Adequate Public Facilities
Ordinance ; t
4 . An important product of the School Adequate Public Facilities Ordinance
data is to use it as a tool to develop school Capital Investment Plan needs
which are developed in the first part of the year . It is likely that even without
3
3
DRAFT
an impending School Adequate Public Facilities Ordinance , informal School
Adequate Public Facilities Ordinance processes and data sharing would be
pursued .
tion of the School Adequate Public Facilities
5 . A delay in implementa
Ordinance , which at this time was projected to resolve five out of six school
level capacity issues (or five out of five if the Orange County School District
Middle School is deferred ) could lead to other un - School Adequate Public
Facilities Ordinance changing conditions that are not as easy to resolve in
future years .
In summary , the School Adequate Public Facilities Ordinance implementation date can
change with the same consensus process that has been used to arrive at our present
status . However , the process has been choreographed to achieve the most
responsive and user-friendly system as identified in its present timeframe .
FINANCIAL IMPACT : There is no financial impact directly associated with t
his
discussion . However , decisions that the BOCC and SAPFO partners will make
regarding possible implementation of the MOU and Ordinance will have a profound
impact on the need for and timing of future school construction in both Orange County
School Districts .
RECOMMENDATION : The Manager recommends that the Board approve the
proposed MOU and the addendum as outlined in the County Attorneys November
7 , .
2002 letter . It should be noted that there are two separate MOU agreements . O
ne
would be effective within the Chapel HilkCarrboro School District , with parties to the
agreement being the County , the Chapel HIII = Carrboro City Schools , and the Towns of
Carrboro and Chapel Hill ( see the Attorneys proposed addendum on pages 6 8 ) . The
other agreement would be effective within the Orange County School District , with the
parties being the County , the Orange County Schools , and the Town of Hillsborough
( see the Attorney' s proposed addendum on pages 9 . 11 , where one of two options
should be chosen the Manager recommends Option II , which temporarily suspends
the adequacy test for the middle school level ) .
Inherent in this recommendation for approval is acceptance of the determined
variables noted in the Decision Matrix such as Level of Service , Membership Date ,
Building Capacity , Capital Investment Plan , Student Growth Rates , Projections ,
Methodology and Generation Rates . Further , the Manager recommends that the
Board provide guidance to the staff and Attorney regarding the form of the Ordinance
to be brought back for adoption no later than February 4 , 2003 .
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An active participant in ICLEI s Waste Challenge � %m F ;
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and Peer Match Project, Honolulu is implementing Z� <;���` �� \
Tans to significantly and the Ci s waste
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to - energy facility , increase recycling efforts , and ��
utilize alternate disposal technologies . L � �; `��< w � � � �
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The ultimate goal is to eliminate the Photo courtesy of City of Honolulu
community's reliance on landfills and minimize H-POWER plant; Courtesy of City and County of Honolulu 's
their fossil fuel imports . Refuse Division
The City's waste -to - energy facility currently Additional activities underway include improving
powers 60 , 000 Oahu homes , reducing Hawaiian green waste collections to divert an additional
Electric Company's oil imports by approximately 10 . 7 24 , 0000 tons from the landfill to compost facilities .
million barrels over the last 10 years , and decreasing A new sewage sludge reuse facility will pelletize the
greenhouse gas emissions from both the waste and sludge , turning it into fertilizer , while diverting
energy sectors . A new boiler at the citys plant will 36 , 000 tons from the landfill . Finally , the City is
increase energy output one third , halving the amount developing an Alternative Waste Disposal
of MSW going to the landfill . This expansion will Technology Park to demonstrate the alternative
also improve the separation and recycling facility for waste disposal technologies available .
more efficient sorting of burnable and recyclable
materials , further reducing the amount of waste going More information on this and others programs :
to the landfill . httrx//www.wastechallen- e .or4
Urban Heat Island Project
A recent Cornell University report indicates that , tons of eCO2 annually and has a 6 -year payback .
over the last four decades , urban areas experienced a Due to the success of this program the City is
increase in the number of days with investigating using materials on all municipal
300 % greater
temperatures higher than normal than did rural areas . buildings .
This difference is primarily due to urbanization and
' the associated increased absorption of solar radiation . Similarly , when San Jose offered rebates to local
property owners for resurfacing their roofs with
Participants in ICLEI 's Urban Heat Island Peer Exchange
and Policy Adoption Initiative are taking steps to reverse reflective materials , the City was able to reduce peak
energy demand by 185 kilowatts . Philadelphia offers
this trend , while lowering cooling energy
free white roof coatings to low- income residents and
d
requirements , the associated greenhouse gas
emissions and increasing human health and comfort . has measured indoor temperature reductions of 3 F .
In a neighborhood where an entire block was treated ,
One effective way communities have found to meet initial measurements indicate that ambient air
this goal is switching to roofing materials that reflect temperatures may have been reduced by 1 F .
solar radiation . Tucson , AZ recently resurfaced the
roof of the municipal service center with a highly More ideas on how to cool your community:
http : //www. hotcities . ora
reflective top coating . This project cut energy costs
in the building by $ 4 , 000 annually , eliminated 114
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Competition finalists . U . S . Planning Association ; and Susan
Competition finalists reviewed Watson , Northeast -Midwest
CGP in Act � an , cont
their cities' emphasis on the Institute .
components of energy planning :
• Electricity Generation — Next step Tokyo — GTI and San
Steve Walter , Chicago , IL Diego will present A Blueprint for
• Renewable Resources — Urban Sustainabinty: Integrating
San Diego Receives Susan Anderson , Portland , OR Sustainable Energy Practices .
National Award • Energy Efficiency —
Michael Little , Seattle , WA
In 2001 , the Gas Technology • Future Technologies -
Institute (GTI) Sustainable Roger Duncan , Austin , TX CCP PartlGlpBnt M .
Energy Planning Office initiated Alternative Transportationwow
the first US Competition for Infrastructure & Fleets - Update1.
Metropolitan Energy Design . Steve Foute , Denver , CO
The competition was conducted Alternative Transportation (Mass
during the summer and fall to Transit) - Jim Frierson and Public health executives from 15
recognize that most innovation John Powell , Chattanooga , TN
in urban energy planning comes communities gathered in Boston
from the cities themselves . The William Peden , San Francisco last October to discuss how
contest was the first step in Public Utilities , presented issues such as global warming
identifying a US entry i and ground level ozone are
n the information on Innovative
international competition with Financing , and Gary Schroeder , connected to asthma , West Nile
the winning entry to be named Fort Collins Utilities , discussed virus and other public health
in Tokyo in 2003 . Urban Hydrogen Infrastructure . . concerns . Officials from CCP
In addition , the Cities of Saint communities Boston , Miami ,
The San Diego region was Paul and Minneapolis received New Orleans , New York City ,
named the US winner at the GTI special recognition for work in Los Angeles , Seattle and
conference Energizing America ' Multnomah County , Or par
s climate protection . -
Cities: Developing Sustainable Energy ticipated in the event .
Solutions , September 19th and The Tokyo GTI entry includes
20th , 20021 in Chicago . material from cities' submissions . } e f Carne NeW CCP
Presentation topics at the The entries were reviewed by a ;
conference included clean
panel of nationally recognized USTal"tlClpal'1S
energy technologies of the energy , environmental and ` "'
future , alternative transportation planning experts . ICLEI , Public
systems , renewable energy , Technologies Incorporated
efficient energy use , real time (PTI) , and the Urban Hamilton , NJ
power pricing , and carbon Consortium Energy Task ForceA .: ` Jefferson Co . , KY
trading . CCP participants and assisted in the competition by
ICLEI members were well Salem , . MA
distributing competition
represented in the competition . information and reviewing Sonoma Co . , CA
entries . The review panel Syracuse , NY
US Department of Energy gy included : Susan Ode , ICLEI :
Assistant Secretary David James Cannon , President , ► West Chester Borough , PA
Garman and City of Chicago Energy Futures , Inc . , Roger
Department of Environment Duncan , Vice President , Austin
Director Marcia Jimenez , Energy ; Sharron Brown , PTI ; the "--� -
� .
commended the entry cities for Honorable D . Bruce Merrifield ,
their efforts that allowed them to PRIDCO Management
enter the US Competition Company ; Dr . David Rohy ,
Awards . Peter Dreyfuss , Former Vice Chairman of the
Director of the US DOE California Energy Commission ,
Chicago Region , introduced the Jim Schwab , AICP , American
Metropolitan Energy Design
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' O' Connor , Santa Monica ; Mar- northern countries also can learn
CCP in Action
IN IN ' garet Pageler , Seattle ; Ruth Gal- from the cities of the Southern
International News anter , Los Angeles ; and County Hemisphere . " One of the great-
Clerk Harvey Ruvin , Miami - est challenges is the problems
Report from the World Summit Dade County . Mayor Garner created by consumption , " Clav-
on Sustainable Development was also a US delegate to the elle noted .
(WSSD) WSSD negotiations and Harvey
Ruvin represented Local Seattle , WA City Council -
Authorities on the U . N . member Margaret Pageler fo -
; I fl iii
' h t Sustainable Energy Round - cused on urban environmental
y ' IN table .table . management issues related to
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climate protection . For Seattle ,
X The LGS climate session " any new resources for electric
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focused on achievements , utilities will be renewable re -
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local climate protection and house gas emissions , ° she said .
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emphasized the five U . N . Seattle adopted Kyoto goals and
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Summit priority protocol reached the CCP Monitoring
h areas : health , climate , water , Milestone .
agriculture , and
Susan Ode bio- diversity . Barcelona Spain , Mayor Joan
(L-R) Mayors Amos Masondo, Johannes-
burg; Peter Clavelle, Burlington VT; and Clos , and Local Action for Pro -
County Clerk Harvey Ruvin Miami-Dade Co., Nancy Skinner , ICLEI- US tecting Global Common Goods
FL. and CCP International Di - plenary session chair noted : " Air
rector, reported on new par- contamination is a huge problem
August 2002 ticipation in India, Indonesia , for big cities of the world . From
More than 600 mayors and other Thailand , Brazil , Argentina , the city point of view , the most
local authorities from around the Mexico , and South Africa . US important thing is the new tech-
world were welcomed at the staff Allison Quaid , Jim Yienger , nology of motor car engines to
opening plenary of the Local and Susan Ode also attended , that of fuel cell development . "
Government Session (LGS) by along with 50 ICLEI staff from
Nitin Desai , UN Secretary- around the world . James Garner , Mayor of
General for the WSSD . The Hempstead , NY and 2003
LGS preceded the international In plenary sessions , panels , and USCM President , summed up
WSSD negotiations in Johan - informal networking , LGS at- the challenges . " We want to go
nesburg , South Africa . The UN tendees offered best practices to beyond Johannesburg . Sustain,,,,,
recognizes ICLEI as the voice of address challenges facing local able development should be in
Local Authorities at international governments as they grapple the hands of local government,
negotiations . ICLEI produced with the issues of sustainable because we do it every day .
the LGS . development and climate pro- There is no difference in being a
tection . Mayor of Hempstead , Oakland ,
Mayor James Garner , Hemp - or Johannesburg . We're all in
stead NY , led a special delega- Burlington VT Mayor Peter this together . We need to put
tion from the US Conference of Clavelle , Implementation of our arms around the earth . "
Mayors . The USCM delegation Partnership Initiatives panelist
included Mayors Peter Clavelle , noted , " It would be fiscally fool- For more information :
Burlington VT ; Jerry Brown , ish not to invest , when you look htti) ://www. iclei .org/IQs/
Oakland CA ; and Mike Fein- at the benefits of the double
H
stein , Santa Monica CA . Oak- bottom line : save money and
land City Manager Robert Bobb protect the environment . " IF
also attended the LGS along While the cities of the Northern
with CCP City Councilmembers Hemisphere can contribute
Nancy Nadel , Oakland ; Pam state-of-the -art technology ,
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in New Delhi , India , more than Jim Wenger
150 countries came to negotiate X to R) Mayor Vishwanath Dubey of Jabalpur, India; Mayor Satish Roopa oIIN
strategies to reduce global emis - Potchefstroom, South Africa; Ms. Lorraine Mashiane, ICLEIICCP Coordinator
sions of GHGs . To ensure that for South Africa; Mayor Rocky Anderson of Salt Lake City, Utah, USA, Mayor
the local government viewpoint Harry Zudianto, Yogyakarta, Indonesia
was heard in these important
negotiations , ICLEI assembled a woman Deborah Ortega , Den - $ 100 million bond program to
local government delegation of ver ; and Mayor Rocky Anderson , finance solar photovoltaic in
30 officials from countries Salt Lake City , joined and stallations . Councilwoman Or-
worldwide and held several edu - strengthened the local govern - tega discussed the achievements
cational events . ment delegation . Mayor Ander - of Denver7s employee commute
son told UNFCCC delegates of incentive programs .
ICLEI's message to the United Salt Lakes commitment to meet
Nations UN) is clear . While or exceed the goals of the Kyoto By demonstrating the success of
nations endlessly debate how to Protocol , and spoke in favor of local government action world -
prevent climate change , local ICLEI's new software designed to wide , ICLEI 's delegation raised
governments take the lead by help cities quantify the impacts the status of municipal projects
implementing real on -the - of their actions on air pollution in the emerging world of carbon
ground actions that protect both and GHG emissions . Supervisor financing . For example , the
the climate and the local env i - Peskin spoke on San Francisco 's World Bank has invited ICLEI to
ronment . Supervisor Aaron Pes - innovative climate protection participate in discussions to re-
kin , San Francisco ; Council - work , including the impressive fine project guidelines for the
new Prototype Carbon Fund and
Community Development Car -
bon Fund . Private sector traders
such as Natsource and
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Jim Yienger
Salt Lake City Mayor Rocky Anderson and Denver Councilwoman
Deborah Ortega
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I`CLEI Staff in Action
� , ■ The report discusses the
New Staff t costs of mitigating GHG
emissions , ° but does not
acknowledge the cost
Laura Hernandez joins the
ICLEI Office in Berkeley as the savings and other benefits of
Assistant Office Manager . `` reducing emissions .
■ The report focuses on the
Outreach New England Regional Meeting— eighteen need to develop policies to
communities working to encourage State adapt to the impacts of
Melissa Royael and Abby & Local climate protection action global warming without
Young participated in the first Susan Ode attended the discussing costs associated
New England Regional meeting National League of Cities either with adaptation or of CCP communities . with the impacts of climate
Congress of Cities in Salt Lake change . These two points
Representatives from 18 City , UT and also met with the imply that mitigation is
communities in NH , VT , MA , Kansas City , MO Environmental
Connecticut and RI were Committee to discuss CCP costly and that adaptation is
not costly .
present . Burlington , VT Mayor participation .
Clavelle and William Moowmaw Assessment of global climate
gave keynote addresses . The Bill Drumheller , CCP - US , and change impacts must focus
group is working to encourage Councilmember Erik Sten from in significant measure on
aggressive State level activity on Portland , OR presented at the ■ urban areas .
climate change as well as to Australia & New Zealand CCP Local governments must be
strengthen local efforts through Annual Conference in Newcastle considered a major
regional cooperation . Melissa in November . stakeholder in any research
or discussion efforts on the
Royael and Abby Young
facilitated two days of meetings topic of global climate
in White Plains , NY . I Bush Administration change .
Day 1 : Melissa and Abby met Convenes Meeting on
with representatives from Climate Science Keynote speakers at the
Tompkins County , the Town of Workshop included Energy
Huntington , and New York City The Bush Administration Secretary Abraham , EPA
to discuss progress in the CCP convened a Planning Workshop Administrator Whitman , and Dr .
milestones and brainstorm on for Scientists and Stakeholders Pachauri , Chair of the . Inter-
strategies for advancing their in Washington , DC in governmental Panel on Climate
climate protection efforts . December . A goal of the Change (IPCC ) . Speakers also
Workshop was to gather input included representatives from
Day 2 : The second in a series of
regional workshops cosponsored from scientists , academics , and environmental organizations ,
of the US members of various stakeholder academic and scientific
by the Boston office
Department of Energy , brought groups on a draft report recently institutions , as well as the cadre
together local government staff released by the Administration's of well -known global warming
with New York State energy climate research entity , the US skeptics .
resource providers . Climate Science Program .
Melissa attended the EPA ' s fifth CCP - US Director Abby Young Save the date . . .
State and Local Climate Change was a speaker at the Workshop ,
Partner ' s conference in providing commentary on the National CCP Workshop
Annapolis , MD . Melissa also shortfalls of the draft report from
presented for the New York the local government May 28-31
Greenhouse Gas Working perspective . Abby made four
Group on the progress of large main points regarding the report 2003 Host The City of
municipalitiesgn , in the CCP to the standing room- only Denver
campaign , breakout session :
More information to follow
Lisa Romney, environmental
o � ! advisor to Salt Lake City Mayor ,� � ' r if •tot
a »�
' Rocky Anderson, led the `it's Easy }7. 1 11 w1 • Ia . nlJf + . til • If lf 'r • /
Being Green " tour at National a If f'll • IIhY1K . 1+ Jf 1• 1 • :. 1 � • r
League of Cities, December 3= 7.
Lisa and Joel LaSalle explained
Oasis Cafe participation in the Hot Off the Press Credits :
City's E2 energy and Amy Goldman , Producer
environmental sustainability
Y � business program, part of SLC Susan Ode , Editor
climate protection program. CCP staff contributors
(L to R) Minneapolisto
Councilmember14
Zimmerman, Cambridge
_ A „
Vice Mayor Davis, CCP ��
US Outreach Director �`�`
Susan Ode and Saint
Paul Councilmember a
Chris Coleman. ��
Zimmerman, Davis, and
Coleman, along with a
Bridgeport Councilmember Holloway, serve on the NLC Energy, Environment
and Natural Resources Committee. New EENR policy states, "NLC believes that
a multi pollutant strategy to reduce emissions from power plants, mobile -
sources and other major sources will provide significant reductions In
greenhouse gas emissions that cause global warming. NLC supports this
approach because it is flexible, predictable, and market based. "
ICLEI - US Office
15 Shattuck Sq , Suite 215
Berkeley, CA 94704 r
Ph : 510 - 540 - 8843
NO 510 - 540 - 4787
www , iclei . org / us -
Mr . David Stancil
Director
306a Revere Road
P . O . Box 8181
Hillsborough , NC 27278
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