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Home My WebLink AboutCFE 041403 John L ink County Manager `� IE 0 V 1E t Orange County Commission fov the Environment c / o PO Box 8181 w - Hillsborough , NC 27278 Memorandum To : Commission for the Environment From : Cara Crisler and Richard Whisnant , Co - Chairs Date : April 7 , 2003 Re : April 14 Meeting Agenda Please find attached the agenda and materials for the next meeting of the Commission for the Environment , on Monday, April 14, 2003 7: 30 p . m . * * * HOMESTEAD COMMUNITY CENTER 600 Homestead Road Chapel Hill , NC PLEASE NOTE THE CHANGE IN LOCATION TO THE HOMESTEAD CENTER — WHICH IS AT THE " CALVANDER " END OF HOMESTEAD ROAD ( near entrance to Lake Hogan Farms ) . If you have questions , or will be unable to attend , please contact Carol Melton ( 245 - 2590 , cmelton (c co . orange . nc . us ) by the Friday before the meeting . _ �- � � � ;.E ,. . �' .fa' ,� ; � . .', 4y� .' y AGENDA Is Orange County Commission for the Environment April 14 , 2003 Homestead Community Center Homestead Road , Chapel Hill , NC Time PPg Item Title 7 : 30 I . Call to Order 7 : 30 II . Additions or Changes to Agenda 7 : 32 2 III . Approval of Minutes ( March 10 ) 7 : 35 IV . Environmental Summit Debrief An opportunity to discuss the successes and challenges of the March 29 summit . 7 : 50 V . State of the Environment Recommendations — How to Follow = Up7 The Commission may wish to discuss the types of follow- up needed to pursue the recommendations made in the State of the Environment report, both here and in committee breakout sessions . 8 : 20 7 VI . CFE Goals for 2003 As requested on March 10 , staff has prepared a matrix of goals and objectives drawn from the response sent to the Board of Commissioners in January and the SOE report . 8 : 30 VII . Committee Breakout Sessions 9 : 30 VIII . Adjournment ( Next Meeting — May 12 ) s� COUNTY OF ORANGE COMMISSION FOR THE ENVIRONMENT DRAFT Summary of Meeting Held March 10, 2003 Orange County Southern Human Services Center Chapel Hill , NC Members Present : Cara Crisler , Laura Cotterman , Charles Daniel , Alice Gordon , Kenneth Meardon , Hervey McIver , Richard Pratt , Mark Smith , Julie Tucker , Richard Whisnant and Chris Wachholz Excused Absences : Annette Jurgelski , Dan Okun , Johnny Randall , Rebecca Vidra , and Lindsay Wichers Guests : Judy Kincaid , Durham County Environmental Affairs Board Staff Present : David Stancil , ERCD Directors Rich Shaw , Land Conservation Manager ; and Carol Melton , ERCD Staff I . Call to Order 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 ( January 13 , February 10 ) Crisler added that at the February meeting the CfE discussed alternating future environmental summit meetings between Chapel Hill and Hillsborough locations . She asked that it be added to the minutes . MOTION : Wachholz motioned approval of January 13 , 2003 and February 10 , 2003 minutes with the noted addition . Seconded by Pratt . VOTE : Unanimous . IV . March 29 Environmental Summit Final Plans Stancil distributed an updated agenda for the summit with the addition of Commissioner Alice Gordon who will highlight some of the achievements that Orange County has made in the environmental area . He noted that the keynote speaker would be Reid Wilson , new executive director of Conservation Trust for North Carolina . Stancil noted that Bill Holman was unable to attend . The location is confirmed as the Totten Center at the NC Botanical Garden in Chapel Hill . Crisler asked Stancil to email the final agenda to CfE members so they could send it out to their colleagues and organizations . Members discussed the agenda and made the following suggestions . • Room reserved for 9 : 00 a . m . to allow for set up • Plan on having light refreshments for 150 people • Nametags should be available for people to write their own names Page 1 of 4 Draft March 10 , 2003 • Change " breakfast " on agenda to coffee and snacks " • Send news release of summit and SOE report to newspapers and Channel 14 • Staff will prepare a Public Service announcement • Advertise in Friday weekend event section of newspapers • SOE report should be available for summit participants • Have Lands Legacy brochures available ( 1st in state ? Staff to investigate ) • Have drought/ water supply information available ( H2Orange ) • Have Triangle Clean Cities information available • Staff to display maps ( SOE maps , water resources , etc . ) critical to " telling the story " as a lead - in to the report presentation • Stancil asked a CfE subcommittee to preview his PowerPoint presentation of the SOE report . [ Cotterman , Whisnant , Gordon , Crisler ] • Crisler ' s introduction should include the CfE goals and mission , upcoming projects , follow - up to the SOE , and a message to the public about where we ' re headed and who to contact with questions • There should be a handout with important data from the SOE report ( Committee chairs to prepare information of important work of each group ) • Requesting from Ms . Taswell at Triangle J COG information ] Staff will check with Johnny Randall on the exhibit space at Totten Center Invite non - profit groups to set up displays ( Crisler asked if enough space for the Village Project displays Stancil to check ) Amend the agenda item about the Nature Hike to " There will be an optional Nature Walk through the Botanical Garden or Piedmont Nature Trails immediately following adjournment . " Staff will have 500 color copies printed for distribution . Stancil will get in touch with subcommittee members to set up a date and time for them to review his presentation and to prepare other summit handouts . V . Recommendation — Proposed Outdoor Lighting Standards Amendments to Zoning Ordinance Smith summarized the history of the CfE ' s interest with and concern over light pollution . He said he had made a presentation to the Planning Board and that the Planning Department staff later drafted amendments to the county zoning ordinance . The proposed amendments were discussed at a February public hearing . Stancil noted that the BOCC referred the proposal to the CfE and Planning Board for formal comments . The CfE should provide recommendations to the Planning Board . The Planning Board will incorporate CfE comments into its comments and recommendations to the BOCC . The Planning Board is scheduled to consider this item on April 2nd . CfE members discussed their concerns with the draft lighting standards . Members expressed concerns about the following : Some narrative is overly technical • Some language is ambiguous • Would prefer some additional approval criteria on one instance Would like to see example of areas for possible application Page 2 of 4 Draft March 10 , 2003 Smith agreed to collect members ' comments and provide technical information about these light pollution concerns . Whisnant suggested sending to the Planning Board a statement of concerns and noting that a ) the CfE would like to investigate other existing model ordinances , b ) the CfE is in support of having standards for outdoor lighting , and c ) the CfE offers its technical assistance . Stancil suggested that members outline items for staff to write up a draft recommendation for approval via email for submittal to the Planning Board . Members agreed to submit their concerns to Smith who will work with staff to issue technical recommendations for Planning Board and BOCC consideration . Members would also like to see a companion guidance document of less complicated nature available for citizens use regarding simple solutions for reducing light pollution . Members decided to forward a statement to the Planning Board outlining that the CfE supports having lighting standards and stands ready to review the ordinance in detail with the possible improvements found in reference of other model ordinances with which the air quality committee is familiar . More technical language suggestions to be forwarded in a report as soon as possible to the Planning Board . MOTION : Smith motioned that co - chairs and staff write up a recommendation statement as discussed for Planning Board in time for April 2nd meeting . Seconded by Cotterman . VOTE : unanimous . VI . CfE Goals for 2003 The CfE reviewed the 2002 - 03 activities as related to the established BOCC goals . The following were identified as high priority items for the CfE . • Complete review of previous Water Resources Committee work and develop recommendations on implementing measures for ground water protection . Whisnant noted that this is identified as a critical issue in the SOE report . • Work with staff and towns to develop an emissions inventory in light of ICLEI program and upcoming ground - level ozone non - attainment . • Loss of natural area habitats • Surface water supply and demand ; consider ways to link surface and ground water protection programs . • Continue to review and advise on Lands Legacy acquisitions on natural areas and wildlife habitat . Crisler asked if there were any new goals . McIver suggested the idea of developing a plan to integrate all of the isolated natural areas for long - term survival of important plant and wildlife species . He noted that this is beyond the current scope of the Lands Legacy program . Cotterman said this could be incorporated in one of the existing recommendations on natural areas identified as high priority item . Members would also like to finalize the earlier recommendations discussed for the county ' s Environmental Impact Ordinance . Stancil reported that the county Page 3 of 4 Draft March 10 , 2003 �9 attorney has sent him comments on Bradley Decker ' s report . He will provide those comments to the CfE for their review . Members discussed the item regarding an educational materials folder for citizens . Crisler reported that data is being collected . Wachholz reviewed the original idea of a folder with relevant information about Orange County issues available for citizens . Members discussed availability , distribution , and a possible curriculum for school children on how to take care of the environment . It was suggested there be a four - panel brochure was needed with an overview of what the County is doing on environment issues . Members decided to change the goal to " Development of an environmental education strategy info for citizens . " Smith noted that the educational goal is listed in two sections and could be combined into one area . Land use patterns was discussed as a possible new goal for the CfE . In conclusion members thought another avenue might be to have a liaison of CfE to cooperate work with the Planning Board instead of a separate committee and focus on the Natural Areas Element of the comprehensive plan . Crisler recommended that the group think more about indicators that they want to put in the SOE report to reflect land use and its effects on the environment . Tucker asked about the status of the web site . Stancil said that ERCD staff would be adding reports to the web site and noted that the county had recently hired its first public information officer ( Todd Jones ) . Tucker said school children would use the web site if it were available , and suggested that ERCD get a student at the UNC School of Journalism work on the web site . Stancil said he would bring back in April a matrix of CfE goals for discussion and prioritization ( High , Medium , and Low ) . Meardon reported information for energy efficient milking machine through a grant program for farmers . Gordon suggested this information be referred to the Agricultural Preservation Board . VII . Appointment to the Intergovernmental Parks ( IP ) Work Group Crisler noted that the CfE needs to find a replacement for Lee Rafalow on the IP Work Group . The next meeting is March 26 . Stancil gave a brief history of the work group and the meeting schedule . Crisler agreed to ask Cotterman and Randall if they would be interested in representing the CfE on this group . VIII . Updates Stancil noted pages 26 - 30 of the agenda packet had the latest CPLUC information . Efland - Cheeks Park Phase II will kicking off in April . He may invite Kimberly Siran , ERCD open space design specialist , to next meeting . IX . Next Meeting - April 14 Location Change - Homestead Community Center X . Adjournment The CfE adjourned at 9930 p . m . 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Attachment 6 Update Items Last Month ' s Board of Commissioners Meetings 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 oil the toy ® f t� e abstract. For more details on these items , please go to http • / / www co orange nc us / OCCLERKS / agenmenu . htm March 5 Regular Meeting Friends of Bolin Creek Presentation Southern Community Park Actions March 24 Regular Meeting Proposed Land Donation from The Nature Conservancy Public Hearing on Orange County ' s 2003 Legislative A e� nda March 25 Worksession Comprehensive Plan Land Use Element - Recommendations and Outreach Discussion April 1 Regular Meeting N / A ORANGE COUNTY BOARD OF COUNTY COMMISSIONER I IF ACTION AGENDA ITEM ABSTRACT Meeting late : March 5 , 2903 Action Agenda Item No . FF SUBJECT : Friends of Bolin Creek Presentation 3 DEPARTMENT : Environment and Resource PUBLIC HEARING: ( Y/N ) 1 No Conservation ATTACHMENT INFORMAT10N CONTACT . 1 j Presentation Summary David Stancil , 245-2590 2 ) Map of Bolin Crock ( under separate cover ) Rich Shaw , 245-2591 TELEPHONE NUMBERS . IF Hillsborough 732 -8181IF Chapel Hill 9694501 Durham 6884331 IF Mebane 336 �2271*2031 PURPOSE : To receive a brief presentation from the " Friends of Bolin Creek , " a newly_ IF formed conservation group interested in preservation of the Bolin Creek corridor . BACKGROUND : In April 2002 , a group of citizens interested in preservation of the BolinrI Creek corridor came together for an initial meeting . The group , constituted in July 2902 as III the " Friends of Bolin Creep , " have since met on several occasions to discuss strategies to preserve the creek corridor, which stretches from Eubanks Road and areas northwest of Carrboro through Chapel Hill before merging with Booker Creek sear the Durham County line IF ma IF ( as it enters the New Hope/Jordan Labe system ) . IF In recent months , the " Friends of Bolin Creek" have made presentations to the Carrboro Board of Aldermen and Chapel Hill Town Council regarding a proposal to create a Bolin Creels Corridor Open Space Master Plan , using the model created in the late - l980 s for the New Hope Creek. Corridor Master Plan . IF IF IF Representatives from the Friends .have requested an opportunity to present the Master Plan concept to the Board , and a summary of their presentation Is attached along with a map f y ( produced using data from the County ' s Comprehensive Resource database ) of the corridor. ,r Specific County interests in the Bolin Creek corridor include much of the headwaters portion of the basin which is in the ,point planning Area , the 193wacre Chapel Hill Township Park and IF Educational Campus site , and the joint efforts to purchase and preserve the Adams Tract in ...._............... ................_.IF....................... :: { 2 Carrboro . Some of the properties in the corridor were identified in the County ' s lnventoiy of Natural Areas and Wildlife Habitat and are thus priorities in the Lends Legacy Program . _ FINANCIAL IMPACT . The group ' s presentation materials make note of a request to help _ IF identify g fundin sources for a consultant to develop the Open Space Master Plan . Among bond funds " and rants from the Clean the potential sources noted are County Open space g l Water Management Trust Fund and Land and water Conservation Fund . The estimated total l cost of the consultant services is $ 30 � 50 , 000 . IF- : RECOMMENDATION : The Manager recommends that the Board receive the presentation and discuss the group ' s request, and that the proposal be placed on the April gtn Joint Planning Public bearing or the April 29 Assembly of Governments agenda for _ discussion by Chapel Hill , Carrboro and County elected boardsI IF 'y IF- I IF IF IF IF IF IF I IF F IF F IF IF F IF I '" I 13 f CREATING AN OPEN SPACE MASTER PLAN FOR THE. BOLIN C RE EK CORRIDOR Presentation to the Grange County Board of Commissioners ( Febritary 17, 2003 ) 1 Su€€ mary of presentation to be made by Dave Cato , Chairman of the Friends of Bolin Creek ; .Doug Nicholas . Liaison. from "Triangle Land Conservancy; and Julie McClintock, Public � Relations Chairman for 14oBC . We want to make you aware that the .friends of Bolin Creek have initiated a campaign to preserve this special corridor which runs from the €torthern transition area of Carrboro throw h the: -Horace Williams Tract and then eastward through Carrboro and Chapel Hill to merge with Booker Creek cast of the 1 � - 501 bypass . The Bolin Creek Corridor includes one of the last stretches of significant native: forest habitat let in southern Grange County. At several public meetings last year, we were encouraged by the enthusiasm of many citi.zen.s who also desires to help us save this creek and the; lands around it. � f t e believe that creating a violin ' t•eelc Cor •idor Open Space Master .Flan is the next appropriate step in our community effort to save mid preserve Bolin Creep. We envision a process similar to that used. in developing the New Hope Creek Corridor faster Plan more than ten years ago . In that case , the governing boards of Chapel Hill , Orange County, Durham and D arbani. County passed a common resolution recognizing the value of the New Hope Greek. C:;orrido€•. The governing boards appointed. an Advisory Committee representing each of the jurisdictions that worked with planning staffs and a consultant to prepare an Open Space Master Phan.. t On February 1 ? we will be presenting an overview of our concept and asking Orange County to join with Chapel Hill and Carrboro to begin a similar -process for the study of the Bolin. Creek Corridor. We propose that the three governing bodies appoint an Advisory Committee representing each of the jurisdictions and other key stakeholders along the following 11.€-les . We recommend that the; Advisory Committee be composed of 15 members , four each j appointed by Chapel Hill , Carrboro and Orange County, and one :each appointed by key stakeholders including UNC� Chapel .Dill (Horace Williams Committee) , Duke University ( puke Forest interest in. the northern reaches of the corridor) and. OWA:SA . We suggest that the gove€ nirtg bodies appoint representatives as follows ; an elected member of the board or designated representative , a. member ofa governmental environmental advisory committee ; a member of the Friends of Bolin Crock. Steering Committee residing in that jurisdictions and a landowner in proximity to BolinCreek residixrg in that junsdicytion. The Advisory Committee will be charged with hiring a consultant and working with that consultant and plann€n9 staffs to conduct a. thorough biological exan7ination of this valuable regiolzal resource;, leaching to rc>corninendations to guide its protection . sigi:fcant aspect of this study will be to integrate; current planning processes initiated by the three jurisdictions and other key stakeholders . Additionally, we ask. the County to assist in funding or in identifying funding sources to hire a consultant to develop the Open Space: Corridor Master plan described above. (Possible fit€✓dike; sources outside operating budgets include Orange County Open. Space bond fiends , the i z 1 £ 4 j itiai £ NC Clean Water Managemont Trust Fund and the `US Land & '►dater Conservation .Fund) We have obtained rough consultixi. g estimates ranging from a0 , { 00,w 50 ,000. e nrade� a similarIF FA request to the Chapel 11111 Town Council last November and. the Carrboro Board of Aldermen in January. Both towns -responded enthusiastically to our proposal . We area keenly aware of the success of the Now Hope Master flan which has served as a blueprint ire. identifying critical � acquisition and rot past protection over the ast decade and believe that this 1epp r roach will. be parcels for accl p £ ` similarly useful in guiding the acquisition and preservation of the Bolin Creek Corridor. Why should we preserve the Bolin Creek Corridor`? We believe the following four reasons are very important. ( 1 ) With burgeoning growth in southern Orange County, this is a critical period where it is essential to carefully manage u.,rban growth in the Bolin Creek Watershed . If the watershed is not preserved over the ne✓xt .fcw years , the; opportunity will be last forever. Although the Chapel bill sections of the watershed are largely built out, construction upstream in Carrboro and the NTorthern Transition Zone could have enormous impact on the entire watershed , exacerbating the chronic flood problems in the University Mall/Camelot Apartments area.. IF IF ( ) `There is are important need to est tblisl � cnnncctivity of natural areas, existing and III planned parks and greenways . Chapel Hill has built a very popular, extensively used greenwaylbikeway stretching along Bolin Creek from the Community Center on. Estes Drive to Airport Road ,, but it is along way from there to the headwaters ! It is our dream to continue the: Chapel Hill Gree✓nway from Airport Road to Unistea.d Perk: and Estes Dri.�ve, to have the state DOT restore the streatnbed under Estes Drive Extension and build a bridge over the creek wide enough to allow wildlife and greenway corridors ( as IF part of the improvements that will be made to bates Drive to accommodate traffic to the neNv Horace: Williams Campus) , connect to Wilson Park and the planned. CarrboroIF Clreenway, rust connectors to SeaweJll .Elementary, Smith Middle and Chapel Hill High ellools, a passible connector along the; tributary which ansets on the Greene '.l"ract, and another segment continuing through Wintnore up Jones Greek to the planned County Park. (3 ) We want to preserve the last intact stretches of tiative forest habitat remaining in. southern Oron. ge County . Two studies by Triangle Land Conservancy within the last fives years identified. much of.' the forest areas in the Horace Williartls "Tract arid the; Northern 'I`ransi.tion Zone as botanically sensitive and ecologically valuable (A Landscape With Wildlife far Ot•cutgre County and A Landscape With Tildlife for Orange County, Part II by Haven Wiley, Steve Hall. and Livy Ludingtcn) . .Another natural treasure is the Adams Tract , about 30 acres between Estes Drive and Watters Road in Carrboro . This Jewel is an important gateway and access to the park: and preserve that we want to establish. Carrboro has already obtained about 2200 . from the NC Clean Water Managen e;.nt Trust Fund, has requested 75' t1K brand funds from Oran ge County, and is exploring a variety of other lfindi.ng sources to purchase this tract. We view acquisition of the Adams Tract as the first critical step in realizing the proposed masterIF IF plan ! IF IF I I IF I IF . :.::, .. .. .. . . .I... .: . .::_::. .: : . . . , _ .. . „ , . .. . :: , : . , . : :.: IIIF . :: , . . ::... : : _- ; :: - , yrc �..r ix ... ... .. _. . ,; 7 OF W want try leave a n atura:l legacy that our children , attr �xandchil.dren and fittitre Teneratic� as can Gnjcy. ( 1ri.stol�ler Alexaxtcler Etna lair colleagues h.ae ep:ressect itvetl in � Pattern I.:ur��.��r�;c,} `�'�1��ra�, l3ttrldr`.t1�,�, � 'onstr-arction: "��hen the countryside is far away, the city became. a prist� n" atld " Every city inhabitant should be ��c� ithin a 10 minute walk of a natural area , " We have a critical opportunity to preserve the natural corridor aloe Malin :reek be.-fore it is eni rttficd by the rising tine cif development in this - area.. It is esset'7tial to a.ct now while considerahlc open space still =Sts ! 4 etitl be earit7 to you un ianct�y', l�ebruary l 7b to request yatzr suppat political , physical., monetary and spiritual . R.ealiratiogn ofthis dream. �� ll require the joint efforts and. ;support of � miy people anc1 many jurisdictions-evv�Chapel Hill, ( 4 rrt� o o , Oran >I ;aunty, the Mate ofNorth arolina, and perhaps th.e federal. government . It is a drearn that has the enthusiasti.rIt support of a .lane crosswseetion of the local pr� lattlation--- 1 .ikers , ja0Yer-s , dog,wwalkers , bikers and nature lavers . We respectfully inNlite xinu to join and support us in our efforts to create a Boll.n Creek C`orrldor t pen Space Master i �`lan I ; I t i i I .:.£ :. i i' £ F f£j t I I £( £ £ S F £ $ £ £ . i t £ 4 I I I rn. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Fleeting Date ; March 5 , 2003 Action .Agenda.. Item No ., SUBJECT ; Southern Comrnunit Park Actions DEPARTMENT : Environment and Resource PUBLIC HEARING : (YIN ) ' No l Conservation .. ....... �_ � �_ ATTACHMENT INFORMATION CONTACT « ( Conceptual Flan previously provided ) David Stancil , 245, 2590 Attachment I Concept Flan Map Gonna Clean , 2455 2150 Attachment 2 Proposed Southern Park Process (from County/Town Work Group ) TELEPHONE NUMBERS . Attachment 3 4 Proposed Timetable Hillsborough 7 �2 -8181 Chapel Hill 9684501 Durham 688 -7 31 Mebane 336w227w2031 PURPOSE : To consider four actions related to the approval and construction process for Southern Community Park . BACKGROUND .% In the spring of 2001 , the Chapel Hill Town Council commissioned and charged a Southern Park Conceptual Plan Committee to develop the plan for Southern Community Park. As a part of the November 2001 bond referendum , Orange County included $2 . 0 million toward this protect , to go with $ 795 , 000 remaining from 1997 parrs bond monies for the park. In January 2002 , the Committee issued its report/plan for this 73- acre site on US 151501 south of Chapel Hill , and in May 2002 the Chapel Hill Town Council adopted the conceptual plan and report , with revisions . Beginning in the summer of 2002 , and organized by Mayor Kevin Foy and Chair Barra Jacobs , representatives from the Board and Chapel Hill Town Council ( now cabled the County/Town Work Group ) began meeting to develop an Approval and Construction Process for the project. Meanwhile , in October 2002 , the Board of Commissioners also began review and consideration of the Conceptual Plan . On October 15tn and Noverber 11 th the Board reviewed additional information requested from the Town and authorized a response to Town representatives regarding a process for construction approval and funding , discussion on November 11 th focused on the potential for relocating the footprint for a third soccer field to land along US 151501 . At the October 30 Assembly of Governments meeting , Town representatives indicated agreement with the location of the third field along US 15 / 501 . 2 On February 11 ` 2003 , the County[ Town Work Group completed discussions regarding the proposed Approval and Construction Process , The Work Croup ' s recommendations are provided as Attachment 2 . The proposed process would use the County' s „ Capital Funding for Schools " model , and would call for the appointment of a Project Planning Committee to oversee decision points internal to the process . County funds for the project would be considered and distributed in phases , as is done with the schools . The timetable for the park project has been developed in conjunction with Town staff . The planned timetable ( Attachment 3 ) is excerpted from the Park Facility Planning ( PFP ) Process report of January 27th ( modified with new information from Town staff) . The Town ' s Special Use Permit approval process will likely take one year (to March 2004 ) , with the proposed Joint Town/County Project Planning Committee prodding oversight and decisions on key points . Construction of the park may not occur until the °fall of 2004 , with a tentative completion target date of winter/spring 2000 . After actions by the Board , the Town is prepared to begin the Special Use Permit process: and is requesting that an additional $ 140 , 000 from the 1997 bond be released for this purpose . In summary , the Work Croup has requested that the Board take four actions at this time : 1 . Adopt the Southern Park Conceptual Plan 2 . Adopt the Proposed Approval .and Construction Process for Southern Community Park 3 . ,Appoint two Commissioners to serve on the Southern Park Project Planning Committee ( PPPC ) 4 . Authorize the release of an additional $ 140 , 000 in funding for the development of construction drawings for the Special Use Permit FINANCIAL IMPACT . The provisional cost estimate for the park , as calculated in the Conceptual Plan , is $ 3 . 53 million . Changes made by the Town Council ( addition of a third full -size soccer field in lieu of a youth field ) have not been incorporated into this estimate . A total of $ 2 . 795 million mould be available from the combination of 1 997 and 2001 County bond funds for this project . To date , $ 205 , 000 from the $ 1 million in 1997 bond funds for this .project has been appropriated ( $ 105 , 000 towards the construction of the soccer field at adjoining Scroggs Elementary, and $ 100 , 000 for the concept plan and associated costs ) . As a part of this item , the Town is requesting that an additional $ 140 , 000 be released for preparation of construction drawings for the Special Use Permit . There are no Town funds programmed or identified for this project . Southern Park Provisional Cost Estimate ( Conceptual Plan ) : , 57 ,400 ding ource Amount 1997 Parks Bond - Southern Park $ 1 , 000 , 000 minus axpendec to date $ 205 , O0 . ....... .... Remainder 1997 Parks Bond 2001 Parks and Open Space Bond — - $ 2 , 0Q01000 Southern Park TOTAL Available 3- 5- 03 $ 2 95 000 The $ 2 million from 2001 band funds are in the Bond and Alternative Financing schedule that the Board approved in October. The planned issues provide for two equal $ 1 . 0 million installments for Southern Park , in FY 2004 -05 and FY 2005� 08 , which is consistent with the requested timing from the Town submitted in the spring of 2002 . The Town has not yet addressed the $ 800 , 000 in unfunded additional cast identified In the Conceptual Plan budget . More refined cost estimates will be developed as construction drawings are prepared and the Special Use Permit is developed , Phasing of park construction may be necessary. RECOMMENDATION ( ) The Manager recommends that the Board take the fallowing actions regarding Southern Park and the Work Group Is request: 1 . Approve the Southern Park Conceptual Plan , with a condition of relocating the planned third full - size soccer field along US 15/ 501 South and away from the Dogwood Acres subdivision . . review and approve the Proposed Process for Approval and Construction of Southern Community Park , as proposed by the Work Group in Attachment 2 . 8 . Appoint two Board members to the Southern Park Project Planning Committee , to serve with an equal number of Town Council members in overseeing the park process ; and 4 . Authorize the release of $ 140 , 000 in 1997 Parks bond funds for the development of construction drawings for the Southern Park Special Use Permit . 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date : March 24 , 2003 Action Agenda Item No . SUBJECT Public Hearing on Orange County ' s 2003 Legislative Agenda DEPARTMENT : Count Commissioners PUBLIC HEARING : (YIN ) Yes Y ATTACHMENT ( S ) OF INFORMATION CONTACT : Commissioner Steve Halkiotis Public Hearing Notice Commissioner Barry Jacobs Three Resolutions — Introduction and Support TELEPHONE NUMBERS : Resolution — Positions on Legislation Hillsborough 732 =8181 w/ Exhibits A , B , & C Chapel Hill 9684501 Draft Letter to Orange County Durham 688 =7331 Legislative Delegation Mebane 336 -227 =2031 Information from National Association of Counties NACo PURPOSE : To hold a public hearing on potential items for inclusion in Orange County' s legislative agenda package for the 2003 North Carolina General Assembly Session and to consider approval of draft resolutions for presentation to Orange County' s legislative delegation . BACKGROUND : In past years , the BOCC has developed a package of legislative items to pursue for North Carolina General Assembly sessions . A list of potential legislative items for the 2003 Session has been developed by the Legislative Issues Task Force and is attached to this abstract . The Board needs to hold the public hearing on the potential legislative items in preparation for presenting its proposals to Orange County ' s legislative delegation for consideration during the 2003 General Assembly Session . After the public hearing , the Board will need to review and consider approval as necessary of the attached resolutions and associated materials as developed by staff and the County Attorney . Those materials consist of four resolutions . The first resolution , with an attached draft bill , requests that Orange County' s legislative delegation introduce a local legislative bill regarding bikeway funding authority . The second resolution with its attachment relates to authorization to levy an impact tax on land development to pay a portion of the costs of school capital facilities . The third resolution and materials concern cities and counties authority to enact ordinances prohibiting discrimination . With the North Carolina Senate ' s local bill introduction deadline of March 19 , 2003 and the House ' s deadline of March 26 , 2003 , the County Attorney ( at the Board ' s direction ) requested that Orange County ' s legislative delegation introduce two blank bills in both the North Carolina 2 House and North Carolina Senate . These blank bill introductions did occur . Staff will work with the legislative delegation to have the bikeway and other items added to an existing " blank" bill or some other existing local bill that would allow their consideration during the 2003 session . Two other legislative deadlines of note are the Senate ' s deadline for any introduction of public bills on April 2 , 2003 and the Senate ' s April 24 , 2003 deadline for bills to "cross - over' from the House . The fourth resolution requests that Orange County ' s legislative delegation take certain positions on various legislative matters . It includes as an attachment an amended version of the North Carolina Association of County Commissioners 2003 -2004 Legislative Goals with additional comments to clarify Orange County' s positions in several areas . It also includes the Triangle J Council of Governments 2003 Regional Legislative Agenda as an attachment . It should also be noted that additional information from staff may be forthcoming on several items in this resolution , and those items are noted as appropriate . The second to last attachment to this abstract is a draft letter to Orange County' s legislative delegation expressing the Board ' s appreciation for past efforts on legislative items and transmitting to them the Board ' s 2003 legislative package . The last attachment to this abstract is some legislative information from the National Association of Counties ( NACo ) and relates to its 2003 legislative priorities and one specific position regarding mental health . It, should be noted that the work of the Legislative Issues Task Force to this point is based on the current information available and the outlook for the 2003 General Assembly Session . The issues addressed by the Task Force and incorporated into the draft resolutions may evol a and change over the session and require additional attention by the Task Force and Board o Commissioners . New issues may also arise necessitating additional review . FINANCIAL IMPACT . None at this time . RECOMMENDATION ( S ) : The Manager recommends that the Board conduct the public hearing on potential items for inclusion in Orange County' s legislative agenda package for the 2003 North Carolina General Assembly Session and consider approval of the four resolutions . 21 3 ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING NOTICE FOR MONDAY, MARCH 242 2003 AT 7 : 30 P .M . A public hearing will be held on the following list of potential legislative items for the 2003 North Carolina General Assembly Session: �.� ♦ Cigarette Tax and Alcohol Tax Increase ♦ Closing of Tax Loopholes ♦ Local School System Utility Costs ♦ Local Revenue Options ♦ Reinstatement of the Public School Capital Building Fund ♦ State Reimbursements to Local Governments ♦ Billboard Advertisements on Interstate 40 ♦ Funding for Rural Planning Organizations ♦ Unpaved Roads in Post- 1975 Subdivisions ♦ Social Services Funding ♦ County Financial Responsibility for Children Needing Residential Mental Health Treatment ♦ Criminal Justice Partnership and Dispute Settlement Centers Funding ♦ Mental Health Reform Funding and De-institutionalization Costs ♦ In-Home Services for Seniors Funding ♦ Reform of Medical Prescription System ♦ Smart Start Funding ♦ Funding for UNC Pharmacy School and Dental Clinic ♦ Funding for NC Poison Control Center . w ■ mom ♦ Bottle Deposit Legislation ♦ Advance Fee for Cathode Ray Tube Recycling �. ♦ White Goods Recycling ♦ Reduced Class Size and Associated Need for Capital and Other Funding ♦ "More at Four" and Associated Need for Capital and Other Funding ♦ Funding for UNC School of Government ♦ ABC System Changes ♦ Soil and Water Shared Employee Funding ♦ Utility Eminent Domain ♦ Local Government Property Transfers ♦ Annexation & Local Planning and Revenue Option Incentives to Control Growth ♦ Broaden Local Government Authority to Enact Laws to Protect Public Health, Safety & Welfare ♦ Impact Tax to Replace Impact Fee �.� ♦ Funding Authority for Bikeways and Trails The Board will also consider expressing support for, with some possible revisions and additional comments , the North Carolina Association of County Commissioners (NCACC) 2003 -2004 Legislative Goals and the Triangle J Council of Governments 2003 Regional Legislative Agenda . A copy of the NCACC 2003 -2004 Legislative Goals is available at http://www. ncacc. orzIlegislativeinfo. htm and a copy of the Triangle J information is available at the contact information below . The Orange County Board of Commissioners welcomes all comments on these and any other items as may be introduced or addressed at the public hearing. The meeting is open to the public and will if held a the F . Gordon Battle Courtroom in the New Courthouse in Hillsborough beginning at 7 : 30 p .m. If you need additional information, please call Greg Wilder at 245 -2314 . 22 1 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to take the following position on legislation regarding the following matters : REVENUES 1 ) Support an increase in the cigarette tax , primarily for the purposes of health programs and for reducing and preventing tobacco use ( See March 5 , 2003 Board of Commissioners ' Resolution - Exhibit A ) , and with a portion of the new revenues being dedicated as a funding source for the Farmland Preservation Trust Fund and for the creation of regional processing centers to create value - added products and help promote farm options ; 2 ) Support an increase in the alcohol tax with a portion of the new revenues being dedicated for mental health and substance abuse rehabilitation treatment programs ; 3 ) Support balancing the State of North Carolina budget by closing tax loopholes , including ending the sales - tax cap on boats , planes , and railway cars , doing away with a 1 ? 3 2 sales - tax cap on business machinery , repealing a tax credit for cigarettes manufactured in North Carolina but sold overseas , and eliminating an interest expense deduction for banks , 4 ) Support legislation to reinstitute State funding of local school system utility costs ; 5 ) Support legislation to allow all counties to enact various revenue options , with optional local referenda , that have already been authorized for counties in other parts of the State , including real estate transfer taxes , I mpact taxes for school facilities and other infrastructure , prepared meals taxes and occupancy taxes ; 6 ) Support legislation to assure that the Public School Capital Building Fund disbursements ( which for FY 2002 - 03 were estimated to have been $ 794 , 000 for Orange County had they not been withheld by the state ) continue to be made on behalf of Local Education Agencies ( LEAs ) to address pressing capital needs in the next and future fiscal years , 7 ) Support the North Carolina Association of County Commissioners ( NCACC ) and North Carolina League of Municipalities ( NCLM ) positions regarding state government reimbursements to local governments , 2 3 TRANSPORTATION 8 ) Support establishing a permanent prohibition on billboard rd advertisements along Interstate 40 [ S 1098 ( 2001 ) 1 ; 9 ) Support increased dedicated funding for the establishment and implementation of Rural Transportation Planning Organizations throughout the State ; 10 ) Support legislation providing the North Carolina Department of Transportation with flexibility statewide in addressing acceptance and maintenance of post - 1975 recorded subdivisions with unpaved roads to address unintended exclusion from the state - maintained road system ( Examples : 1 ) Developed subdivisions based on unrecorded subdivision plats on pre - 1975 unrecorded subdivision plats which plats include publicly dedicated roads and 2 ) Unexpected Death of Original Subdivision Property Owner and Lack of * Owner ' s Right - of - Way Dedication Signature on recorded plat ) ; SOCIAL SAFETY NET 11 ) Support legislation to maintain the Fiscal Year 2001 - 2002 level of funding for State Aid to Counties in the Social Services Budget . These funds have been available 3 4 from the state for decades to support the administration of state and federal public assistance programs provided through county governments . These funds are used to pay some of the costs of the staff who determine eligibility for Food Stamps , Medicaid and other financial assistance programs . These programs are experiencing growth in the number of persons needing assistance , which has increased the workload for the staff at Social Services . The state should maintain its funding to support the county administration of these programs , especially since this is one of the few sources of state funds in any of the operational costs of the local Social Services programs . Last year , the Orange County portion of this fund was reduced from $ 69 , 603 to $ 58 , 851 . Since these funds can be used to match federal funds , loss of these funds results in either additional county costs or loss in revenue of $ 21 , 504 to support staff at Social Services ; 12 ) Support legislation providing that the State is iding services to children in need responsible for prov of residential mental health treatment ( Example : S 1469 [ 1999 - 20001 ) ; 4 1 5 13 ) Support the reinstatement of funding lost due to cuts during the last two fiscal years to the Criminal Justice Partnership Program ( CJPP ) and other alternatives to incarceration programs with the understanding that diverting these funds is " penny - wise and pound - foolish " and would lead to greater costs for the correctional system as well as the general public ; 14 ) Support adequate funding for Dispute Settlement Centers and other similar entities as these resources provide viable alternatives to the court system , and thereby diminish court costs and the strain on the limited , already over - burdened judicial system , and any diversion of these funds is " penny - wise and pound - foolish " ; 15 ) Support legislation directing that the North Carolina Department of Health and Human Services put on hold further efforts regarding mental health reform until 1 ) funding is provided to local governments to adequate fund address implementation costs and 2 ) adequate planning and funding is provided to address the costs which will be incurred with the de - institutionalization activities that will certainly occur as an outcome of reform ; 16 ) Support legislation involving programs and funding to expand the in - home services available to seniors ; 5 27 6 17 ) Support legislation to continue the funding of intensive home visiting projects that target prevention of child abuse and neglect ; 18 ) Support legislation which promotes reform of the medical prescription system that incorporates provisions included in the State of Maine system ; 19 ) Support legislation for reinstating and maintaining adequate funding for Smart Start statewide that ensures that children across the state can have the opportunities for success in the same manner as those with Orange County Partnership for Young Children ; 20 ) Oppose cuts in funding to the University of North Carolina Pharmacy School and related activities ; 21 ) Oppose cuts in funding to the University of North Carolina Dental Clinic ; 22 ) Oppose cuts in funding to the North Carolina Poison Control Center which provides immediate life - saving assistance to families across the state and reduces costs to the public , the state , and medical institutions by reducing the public ' s need to utilize emergency rooms and other medical facilities ; 6 28 c,� 7 SOLID WASTE The State of North Carolina has not demonstrated adequate leadership on recycling efforts . It has failed to implement strategies and incentives to encourage recycling and also has not instituted penalties sufficient to ensure that recycling opportunities are pursued . This deficiency could begin to be reversed as follows : 23 ) Support bottle deposit legislation to be applied to any liquids bottled for human beverage consumption including soda , juice , beer , milk , wine , tea , water , and all distilled alcoholic beverages [ H 772 ( 2002 ) 1 ; 24 ) Support legislation requiring an advance recycling fee ( ARF ) and a subsequent ban on landfilling or incineration of televisions , computer monitors and other devices using a cathode ray tube ( CRT ) to display an image on a screen [ H 1565 ( 2002 ) ] 25 ) Support legislation that promotes and supports the recycling and disposal of white goods .( Additional Information May Be Provided By Staff ) ; 8 EDUCATION Orange County believes that cosmetic political initiatives regarding education that create unfunded mandates for local governments should be opposed . Examples of these include : 26 ) Legislation which seeks to reduce class size if the State does not include the necessary funding ( capital and otherwise ) and thereby creates additional pressures on local school systems for construction of new and expanded school facilities and for additional support staff ( Also See # 6 above ) ; 27 ) Legislation that expands programs such as " More at Four " that obligate local school systems ' space if the State does not include the necessary funding ( capital and otherwise ) and thereby creates additional pressures on local school systems for construction of new and ities and for support staff ; expanded school facil 28 ) Legislation cutting or reducing funding and other support to the UNC School of Government ( Institute of Government ) which has the effect of reducing its effectiveness in assisting local governments in finance , planning , and the many other areas where local governments across the state depend on its breadth of 8 9 knowledge ( Additional Information May Be Provided By Staff ) ; OTHER 29 ) Oppose legislation which would provide for private sector soil evaluations to become the basis for county itting of septic systems as health department perm proposed by the North Carolina Coalition for Privatization of Wastewater Evaluations ( Additional Information May Be Provided By Staff ) ; 30 ) Oppose legislation involving changes to the Alcohol Beverage Control ( ABC ) system unless local ABC Boards and local governments are included in discussion and changes and that any changes formulation of proposed " hold harmless " the services and funds provided to local governments under the current system ( Additional Information May Be Provided By Staff ) ; 31 ) Support legislation that continues the current level of State funding for all existing positions in County Soil and Water Conservation offices ; 32 ) Support legislation requiring county commissioner approval for any proposed exercise of eminent domain 9 31 10 operating in a deregulated power by any utility environment ; enabling process free , gratuitous 33 ) Support legislation t and supplies from one unit of transfers of equipmen local government to another during emergencies / natural disasters ( Additional Information May Be Provided By Staff ) , 34 ) Support amending the annexation laws to require consultation with counties , including joint city - county public hearings , on any proposed annexation , and to provide planning and revenue option incentives to county and municipal governments that enter into cooperative planning agreements ; 35 ) Support legislation to Broaden Local Government Authority to Enact Laws to Protect Public Health , Safety & Welfare ( Senate Bill 160 ) ; 36 ) Support legislation to prohibit the issuance of open burning permits on high ozone alert days ( Code Orange , Red and Purple Days ) ; 37 ) Support legislation to allow counties to collect fees to offset the cost of restaurant inspections ; 38 ) Support legislation that , in the event county regulation / inspection of body piercing establishments is 10 32 11 state - mandated , adequate state funding is included to address the additional county cost , or , as an alternative , counties are allowed to collect fees to offset the cost of the regulation / inspection activities ; 39 ) Support some of the Legislative Goals of the North Carolina Association of County Commissioners ( NCACC ) , many elements of which were and are initiatives of Orange County , and with the additional Orange County explanatory language included in Bold Italic where appropriate ( See Exhibit B ) ; 40 ) Support legislation that would accomplish the Triangle J Council of Governments 2003 Regional Legislative Agenda , which is Exhibit C to this Resolution , many elements of which were and are initiatives of Orange County . Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the day of 2003 . I , Donna Baker , Clerk to the Board of Commissioners for the County of Orange , North Carolina , DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2003 as relates in any way to the adoption of the foregoing and that said proceedings 11 • 33 21 EXHIBIT C Triangle J Council of Governments 9 2003 Regional Legislative Agenda In the North Carolina General Assembly Priority Legislative Issues for the Triangle J Council of Governments Each year the Triangle J Council of Governments revises and updates its Regional Legislative Agenda setting forth the priority legislative issues of its member local governments from across the seven-county area of led for the purpose of conveying vitally important information to the General Region J. This agenda has been compi s review, consideration and use as the legislature conducts its legislative session . After taking into Assembly for it consideration the various challenges that will be confronting the State of North Carolina during its 2003 -05 Session, it is the intent of Triangle J that this Regional Legislative Agenda serve as an aid to the legislative delegations serving Lee , Chatham, Orange, Durham, Wake , Johnston and Moore Counties in assisting our cities , towns and counties with their legislative needs . The following information has been set forth in priority form for this purpose . VERY HIGH PRIORITIES Protect State-Collected Revenues for Local Government: Commitments are sought from Triangle Ps legislative delegations to protect existing local government revenue sources . In an environment of state budget crisis it is extremely important that existing state-collected local government revenues be protected for use by our cities , towns and counties . Additionally, Triangle J seeks action by the legislature to ensure the continued availability of longstanding and traditional local government revenue sources . Legislation is sought that constitutionally limits the authority of the governor to suspend, seize , or otherwise deprive local government of revenues that are levied, assessed, or otherwise appropriated for or on behalf of cities , towns and counties . Provide Revenue Options for Local Government: Triangle J continues to seek legislation that authorizes a variety of revenue options for local governments to fund municipal and county services . Notwithstanding the state ' s fiscal crisis and in the face of almost insurmountable growth issues demanding local government services within Region J -- transportation, schools , water, sewer , elderly care, public safety, courts , solid waste , etc . -- it is imperative that the legislature provide options to local government to address these needs . An overarching principle that we propose is that any local government revenue source that ' s presently available to one or more local governments in the state should be available to all local governments uniformly throughout the state . Triangle J seeks authority for local government, on a reasonable basis , to levy local option sales taxes, impact fees and/or taxes , land transfer fees, increased court cost fees , etc . Should there be an option provided on sales tax, it is further expected that elimination of the application of this tax to food would be included . Also , Triangle J seeks the provision of revenue by the state sufficient to cover the full cost to counties of Medicaid expenses and the de-institutionalization of individuals within the mental health program. Triangle J Council of Governments Mission Statement To serve as an intergovernmental organization for local elected officials that works proactively on regional issues in order to sustain and improve the quality of life for our citizens. 34 22 Regional Legislative Agenda Page 2 HIGH PRIORITIES Growth Management and Smart Growth Strateev : Growth management and " Smart hGrowth"mendag es remain of the paramount among important issues facing Region J' s local governments . In view of t state's Legislative Study Commission on Smart Growth, Triangle J advocates an incentive based planning partnership that calls upon the state to establish a clear and concise growth management policy based on the regnsfer of ional principles set forth in the commission' s report . Inducements such as allowance e sources for oammunity development rights , " inclusionary zoning and housing programs , expanded local revenue and regional infrastructure, along with state funding for planning, infrastructure financing, affordable housing, environmental programs, open space/farm land, rural economic development, downtown/main street development, and other economic development incentives are recommended. Triangle J seeks approval of the foregoing, along with adequate authority and financial support to provide public facilities necessary to any " Smart Growth" strategy and state policy . Transportation Planning and Fundinge: Multi -modal planning for the myriad transportation needs of Region J is a substantive issue for the future of our local governments and the region . Funding of the Transportation Improvements Plan (TIP) , Metropolitan Planning Organizations (MPO's) , Rural Planning Organizations (RPO' s) , Powell Bill Funds , local transit authorities , and the Triangle Transit Authority are very important. Moreover, Triangle J advocates and seeks a fundamental change in the state ' s planning/organizational structure currently in use to allow for more formal input by local government and a funding formula that provides adequate financial resources to address the ever-growing transportation needs of our region . Clearly the challenge for North Carolina is that adequate funding must be provided by the legislature to assure that our state can meet its many transportation needs . Road and bridge maintenance is sought to adequately maintain existing infrastructure . Additionally, the General Assembly is urged to make local enabling authority uniformly available to local governments throughout the state regarding use of video cameras for red light violation apprehension and enforcement. Finally, it is requested that the General Statutes be amended to require that the N. C . Department of Transportation pay for the non-betterment cost for relocation of city/county utilities that are relocated for a state highway improvement project — inclusive of regional public utilities . Water Quality/Supply and Infrastructure : Long-term water quality/supply planning and wastewater treatment needs continue to be important topics for the region . Hydrological modeling in Jordan Lake and protection measures for the Upper Neuse and Cape Fear Rivers are extremely important and will require support from state government . Triangle J seeks legislation to effect financial resources and regulatory control to satisfy regional water quality/supply planning needs , along with the resources necessary to meet environmentally sound water and sewer infrastructure resources for the region. Additional funding for the Clean Water Management Trust Fund is also sought. OTHER PRIORITIES Environmental Issues : Air quality tops the environmental issues important to Region J. Support is sought for financial and tax incentives following up on the Ambient Air Quality Act (SB 953 ) enacted in 1999 to encourage the use of alternative fuels . Triangle J seeks legislation that promotes clean air and allows state and local government to meet "attainment" of EPA standards . Linkage of air quality to the " Smart Growth, " growth management, and transportation strategies is important . Solid waste management legislation is sought to strengthen local governments' role in recycling and authority to charge reasonable fees for recycling activities . Additionally, Triangle J seeks funding of the state' s One North Carolina Naturally Initiative , along with other open space and green space concerns , inclusive of increased funding for farm land preservation and other similar economic development activities . 3 t` 23 Regional Legislative Agenda Page 3 Aging and Long Term Care Needs for the Older Population : Care for the growing population of older Americans within our communities is an integral part of the regional concerns of our local governments . Triangle J supports efforts to recognize the right of every North Carolina resident to have access to health care . Related to long-term care Triangle J supports restoration of the Medicaid Community Alternatives Program for Disabled Adults (CAP/DA) to the level available on September 30 , 2001 . Support is also sought for steps that address the current workforce shortages of direct care workers trained and paid to assist those in need of long term care . Legislation is necessary for an Alzheimer's Special Care Disclosure Act that would allow consumers to make informed decisions about nursing home placement. In addition, there is a need to find ways to improve the access of older adults to dental care services, including support for the special care dental delivery model using mobile care units to serve long-term care facilities and senior centers . Affordable Housing: Affordable housing, as an element of land use planning and growth management, is key to quality of life in the region . Accordingly, Triangle J seeks approval of statutory amendments that allow the inclusionary housing provisions referenced in the Growth Management Strategies of this agenda . Appropriations by the General Assembly authorizing recurring funds for the North Carolina Housing Trust Fund to provide new home ownership opportunities , along with affordable rental homes for the disadvantaged are also sought. Economic Development: Continued financial support of the World Trade Center and its link to the global trade market is sought to assure continued economic vitality for the region . Over time this support has been as much as $ 300 ,000 per year, but has been cut due to the state ' s budget crisis . State support, in terms of existence and facilitation, of the various Foreign Trade Zones in the region and the state is also encouraged . Electric Utility Deregulation : Triangle J continues to express strong concern about any decision by the legislature to deregulate the state's electric utility industry . However, should deregulation occur in North Carolina, legislation should include provisions for local government decision-making authority regarding zoning, land-use controls , etc . and should bar any preemption of traditional local government authority. Conservation and emission pollution control requirements on electric generation and distribution must be a part of any deregulation legislation . Clear authority for local governments to aggregate electric utility services is sought should deregulation occur. Indigent and Uninsured Health Care Delivery Costs : The influx of immigrant residents into the region has manifested itself in an ever-increasing demand on local health care services ; subsequently, county governments find themselves bearing major expenses for indigent and uninsured health care delivery costs . Accordingly, Triangle J seeks legislation to provide state appropriations to finance health care delivery for immigrant residents who are not sponsored, and/or who are not insured regardless of nationality and citizenship . LRO Personnel: Revisions to certain provisions of the North Carolina General Statutes are sought to clarify the application of particular personnel and employee guidelines . In the general administration of the various aspects of the council of government's business affairs , the Council generally follows the provisions of GS 160A, Article 7 , Part 4 regarding personnel for the public employees of the Council . Language is sought to clearly . state the authority upon which the Council conducts its business in this regard . State LRO Funding : The state has for many years provided an appropriation of a small stipend in support of regional planning and economic development . Originally $ 55 , 000 per Lead Regional Organization was provided through the N. C . Division of Community Assistance , but now this amount has been reduced to @ $48 ,000 through state budget cuts . Triangle J seeks to maintain this small , but important, funding for Lead Regional Organizations . Homeland Security and Re tonal Emerzency Preparedness : The events of September 11 , 2001 are self evident in demonstrating the need for local government to address security issues . From the 1970 ' s until 2001 , regional councils had provided Emergency Management Services for over twenty-five years until budget cuts eliminated all but a few programs . In view of the wealth of experience in this service area, Triangle J seeks support of state efforts to provide planning services for homeland security on a regional basis , and the funding of city and county needs for regional emergency preparedness . Triangle J Council of Governments — Regional Legislative Agenda 37 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date : March 24 , 2003 Action Agen a Item No . '� SUBJECT : Pro osed Land Donation from The Nature Conservancy DEPARTMENT : ERCD PUBLIC HEARING : {YIN III iiiiiiiiiiiii MEMO NINE ) No ATTACHMENTS } : INFORMATION CONTACT : Location Map David Stanch , ext 2590 Rich Shaw , ext 2591 TELEPHONE NUMBERSIN : Hillsborough 732 = 8181 Chapel Hill 968 -4501 Durham 688 =7331 Mebane 336 -227 =2031 PURPOSE : To consider accepting the donation of a 10 - acre tract in Cedar Grove Township from The Nature Conservancy for future protection as a County nature preserve through the Lands Legacy Program . BACKGROUND : The Nature Conservancy (TNC ) , a private non - profit land trust with a North IN Carolina Chapter office in Durham , acquired a 10 - acre tract in 1986 to protect a portion of natural area in Cedar Grove Township . The natural area , known as Allison Road He artleaf Ravine , is one of four documented sites in Orange County for Lewis heartleaf , a rare plant endemic to North Carolina and Virginia . The 15- acre site was identified in the Inventory of Natural Areas and Wildlife Habitat for Orange County ( Sather and Hall , 1988 ) . TNC does not have the resources to manage small sites of this kind and is interested in The transfer would include a deed restriction that conveying the property to Orange County , ensures protection for conservation . TNC would work with the County Attorney to determine appropriate language to include in the deed . The Lands Legacy Program , adopted in April 2000 , was established to identify and protect the important natural and cultural resources in Orange County . ERCD collaborates IF with y conservation partners , including The Nature Conservancy , to further the protectionmany of known ith TNC that Orange County is in a better position to monitor and manage sites . ERCD agrees w this site , which is located 8 miles from its Hillsborough office . The Commission for the Environment considered this potential land transfer and recommends that the County accept the property donation . The Commission includes volunteer biologists that work with the ERCD staff to monitor County natural areas and make recommendations for their conservation and stewardship . FINANCIAL IMPACT : The anticipated cost to acquire the property is approximately $ 4 , 000 for transaction costs , including survey and closing costs . County funds for this transaction would 36 2 come fro m the Lands Legacy Fund , and The Nature Conservancy has been asked to lit the cost of the survey . Existing staff and resources will be used to monitor and manage the property as art of its normal duties and responsibilities for stewardship of county-owned property p RECOMMENDATION ( S ) : The Manager recommends that the BOC rove this land and the County Attorney to donation and authorize ERCD to work with The N e Conservancy to Orange County . prepare a deed for the transfer of the subject property g small Mass small WOMEN N NOT " I Tor low I a No To a a , M.Ne Need ell r does. 0 do lop To to age NO 4 ITT IN ' ' 9 .. reel . - - I ' l• �,.- ` r '`` J --t • art ! - 'v-: u � I !,1 ITT .4 ' .IT To . , — — I i . 3` i ! � ' ; r `Q:ya r - { _i i . u a go d. ! :._ - . . . see addial r lee sear reel: . ; •- . . . . L , IT� . , } . storeis Iad TIM, To ' '- _... :firk sell.;. _ . _ f i I sell at Iwo do low To .9 dead- ITT 00 To :%§ if _ a To did . .t'i'od I ' i i ° jo do i , _`t i -Oes . 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SUBJECT : Comprehensive Plan Land Use Element — Recommendations and Outreach Discussion DEPARTMENT : Planning and Inspections PUBLIC HEARING . (Y/ N ) No ATTACHMENT ( S ) : INFORMATION CONTACT . Craig Benedict , ext . 2575 Land Use Recommendations Workbook Tom Altieri , ext . 2575 ( Under Separate Cover) TELEPHONE NUMBERS : Hillsborough 732 =8181 Chapel Hill 9684501 Durham 688 =7331 Mebane ( 336 ) 227 -2031 PURPOSE : Dialogue between the Comprehensive Plan Land Use Committee ( CPLUC ) , BOCC , Planning Board sub- committee , and County Staff on the following topics : Information contained in Land Use Recommendations Workbook , options for community outreach , role of County Staff and CPLUC members in outreach efforts , and timeline for adoption of the Land Use Element . BACKGROUND : At the January 25 , 2003 BOCC Goal Setting Retreat , the BOCC requested a joint workshop between the CPLUC , BOCC , and Planning Board sub - committee to review land use recommendations . ACTION : Choose community outreach options and determine role of County Staff and CPLUC members in outreach efforts . FINANCIAL IMPACT : None at this time . RECOMMENDATION ( S ) : As the Board decides . 42 r � Additional n fOrmat * on Items Commission for the Environment Agenda F s Z 7102 ' Environmental set - today, summit ' j Reid Wilson, executive Guest speaker at director of the Conservation Totten Center will Trust for North Carolina, is the guest speaker: describe efforts An environmental consul- tant and former chief of staff to preserve land - to U . S . Environmental Protec- tion Agency Administrator From staff reports Carol Browner, Wilson was CHAPEL HILL — . Orange recently hired ' to lead the County's first "environmental statewide land trust. summit" is set for 10 a.m . The nonprofit group works today at the Totten Center of with private landowners, com- the N.C. Botanical Garden on munities and conservation Old Mason Farm Road. organizations to preserve land Sponsored by the Orange through conservation ease- County Commission for the ments and other voluntary pro- Environment, the two-hour tections. event is open to the public. The trust has about 21,000 "It is to let people know acres, primarily along the Blue about what's going on with the Ridge Parkway, under its pro- community and the environ- tection through ownership or merit," said Carol Melton, an conservation easements* assistant with the county's Orange County commission- Environment and Resource ers Margaret Brown and Alice Conservation Department. Gordon will make remarks, as Organizers hope the summit will Cara Crisler and Richard will help describe the county's Whisnant, co-chairs of the current environmental status, Commission for the Environ- give people objective mea- ment . sures to help evaluate its A light brunch will be progress toward a clean, served. Also, area environmen- healthy environment, highlight tal groups will have exhibits . the major environmental Following the summit, an issues facing the county and optional nature hike through offer recommendations about . the garden and adjoining trails those issues . will occur. a/ 03 C . re or c now o save Stancil recommends Orange County establish a - short-term air quality committee to develop strate ra areas gies for reducing our contributions to local and ,naturegional ozone levels, l The county also should develop the capability to BY . BETH VELLIQUETTE . generate accurate and comprehensive air:emis- bvelliquette@heraldsun.com 732-6397 sions inventories, and it should hire a full-time . CHAPEL HILL .— Efforts to protect Orange staff member to work on strategies for improving County's environment are not keeping pace with the air quality in Orange County, Stancil said. the loss of its natural areas to suburban and urban Between 1982 and 1997, 18,000 acres of forest- use, according to the County's first State of the land was converted to °other uses; and urban land use_ has grown from 24,000 acres to - 45,000 acres, Environment report released Saturday. "We don't have to look very far to see how pop- an increase of 88 percent, Stancil said. ulation and land-use changes . have .affected our In Orange County, 8,000 acres are permanently natural resources in Orange County," - said David protected, and another 9,00.0 acres are partially Stancil, director of Orange County's Environment protected, which is roughly : 6.7 percent ' of the and Resource Conservation Department. "Fortu- county's total land area. Stancil recommends that nately, we. have been able to protect and preserve the county. set a goal of protecting 10 percent of a lot of important places in the county However; its total land area 25,600 acres by 2010a we all know of prime. forests, and natural areas that "We could even come up with a catchy slogan," have been lost." he said. "Ten by ten.'' Stancil presented the report Saturday at the The report also recommends .that Orange Coun- Orange County Environmental Summit heldat the ty begin promoting water reclamation to preserve N.C. Botanical Garden. About 60 people turned out its water supply. to hear about the report and listen to keynote "It is recommended that Orange County work speaker Reid Wilson, who is the new executive with newly formed groups in this area and our director of the Conservation Trust for North Car- water providers to try to reduce the future olina demand on our limited resources," Stancil said. From 1970 to 2000, Orange County's population "We are not in a crisis mode now, but last year's doubled from 57,000 to 124,000 residents, - Stancil drought has illustrated how quickly . status can said. change, and it's best to. be ahead of the curve." "That's a dramatic change in 30 years," he said. L The county also needs to expand its monitoring "As our population has doubled, the amount of of possible ground water contamination and edu- developed land has likewise increased - 87 per- cate well owners about the importance of testing cent from 1982 to 1997." their water for contaminants, he said: on air, biologic The report focused al and water The report is expected to be posted on the Orange Coun- resources. ty Web site — http://www.co.orange.nc.us/ = next week. Although Orange County does not have an ozone People can read -it or download it for free or, to obtain a monitor, the Triangle was rated as one of the worst copy for $10, call 245-2590. ozone-polluted ' areas in the United States; the -- report said . "Because we have no monitor in Orange County, it is very hard for us to get a sense of the impacts on our citizens of ozone levels," he said. "Certainly, Durham and Wake counties are expected to be 'the primary contributors, but air knows no county lines. Stay tuned." Debate .0 s antiD - spraw really ' growth? As Durham mulls mote public policy that supports a balance between economic plan, groups differ growth, environment and pro- tects the rights ands interests of on effects on poor property owners. BY VIRGINIA BRIDGES The . study examined what would happen to housing costs if vbridges@heraldsun.com; 419-6648 Portland's policies were applied Imagine Durham as bread and nationwide. housing growth as peanut butter. It found more than 1 million If you spread the peanut butter disadvantaged families — across the bread in one smooth 260,000 of them minority fami- stroke that would be suburban lies — would have been unable to sprawl, said Frank Duke, direc- buy homes because 4the cost of for for the City/County Planning the average home would have Department, trying to put the risen $7,000 . The study found the complicated issues of population cost of renting would have risen growth, the environment and 6 percent: anti-sprawl efforts into layman's Instead of restricting growth, terms . 4the anti-sprawl policies caused But with anti-sprawl ordi- housing prices m restricted areas nances or what is often called to rise and people who could not " smart growth" the peanut but- afford the costs to move, ter is spread out in chunks, where Ahnasey said. . - sensitive areas and . different 6 But anti-sprawl efforts are community resources are pro- more than site restrictions, said tected, Duke said. Cara Crisler"; executive director Currently, Durham has a tra& of the N. C . i Smart Growth tional land-use plan . It treats all Alliance, which is based in Carr- areas the same and ends up boro . The center's report was a encouraging suburban sprawl, misrepresentation about what Duke said. "smart growth ' is, she said: . Durham is in the process of Duke, who wasn't familiar. with defining a unified development the report or the organisation, ordinance to guide growth and said "any zoning and land devel= deter sprawl, Duke said. The plan opment regulation that is : not would prohibit housing develop- approached with sensitivity is ments in environmentally sensi- tive areas add promote cluster going to adversely affect afford- developments where ' housing able housing. " units are grouped together so Durham's current ordinances that other areas can remain Promote segregation, said Duke, undeveloped who added that he's working to But smart growth has its create anti-sprawl policies that downside, said David Almasey of will not inhibit growth but the National Center for Public instead will recognize that differ- Policy and Research. ent regulations are needed to pro- A recent report commissioned tect distinct areas . by the center claims that anti- Durham County Commission- growth policies hurt the poor and er Joe Bowser, who was recently minorities by increasing housing elected the president of the costs and - decreasing housing Durham chapter of the NAACP, options. The center is a Washing- said the civil rights organization ton-based conservative founds- hasn't taken a position on "smart tion that researches public poli- growth" but plans to talk about it cy, in the future. The study, . "Smart Growth and Bowser questioned whether Its Effects on Housing Markets : " smart growth" really "ends up The New Segregation," exam- pitting community against home- med restricted growth policies in builders " by raising housing Portland, Ore., said Almasey, who costs . He said it would be more spoke at a Triangle Community appropriate - to link lack of home Coalition luncheon this week. ownership with lack of job-train- The Triangle Community Coali- ing opportunities rather . than tion's stated mission is to pro- anti-sprawl efforts. U FEP 4 alm R 1 13.�30 C13% N BHUINEBEU Q CONSULTANTS, INC . P. ® . Box 18846 a Zips 27419r8846 a 313 Gaiiirnore DairyRoad ° Greensboro , HC 27409 © ( 336 ) 668m0093 FAX ( 336 ) 668= 3868 February 18 , 2003 CERTIFIED MAIL — Receipt #� 7099 3400 0 011 1514 5433 RETURN RECEIPT REQUESTED Mr. John M . Link, Jr. Orange County Manager 200 South Cameron Street Hillsborough, North Carolina 27278 Subject . Notice of Request for Approval of a Corrective Action Plan Bernell Company/Melville Furniture Facility 6600 East Washington Street Mebane, North Carolina Incident No . 9435 Dear Mr. Link: This letter is to inform you that the NC Division of Waste Management (DWM) has received a request for approval of a proposal to clean up a release from a petroleum underground storage tank system located in your area . Because you are a chief political administrator of the jurisdiction in which the contamination is present, the State rules governing groundwater classifications and standards ( 15A NCAC 2L . 0115 ) , require that you be informed of the proposed activities . Trigon Engineering Consultants , Inc . on behalf of the responsible party, Cassell Properties , Inc . , is providing notice of the request for approval of a Corrective Action Plan (CAP) that , in part, proposes . • To use groundwater recovery and treatment in combination with natural processes of degradation and attenuation as a method to cleanup contaminated groundwater. The source area of the contamination is located at the former Bernell Company/Melville Furniture facility, which is located at 6600 East Washington Street in Mebane , North Carolina. The CAP has been prepared to address the contamination in groundwater at the site . The goal of the CAP is to provide details for remediation and monitoring of the Contaminants of Concern (COCs) to the extent necessary to protect public health and the environment . The goals of the selected remedial alternatives are to remediate affected groundwater until contaminant concentrations are below the groundwater standards . t.. . , chh M. Link; Jr., Orange County Manager February 18, 2003 Bernell Company/Melville Furniture Facility, Mebane, North Carolina Trigon Project No. 152-01443 The proposed groundwater remediation program for the site involves removing groundwater from two monitoring wells located near the location of the former underground storage tank. The water will be removed using a process called mobile multi-phase extraction. This process can rapidly lower the concentration of contaminants in the groundwater. The remaining levels of groundwater contamination will be allowed to naturally attenuate over time . Monitoring will be performed until impacted groundwater is in compliance with State Standards . If you would like to examine the plan or if you have any questions about the plan, please contact Mr. John Stewart at (336) 66 &0093 . In addition, the NC DWM Raleigh Regional Office has the CAP along with other site information on file and available for public review . You may make copies of this information for a small fee . Any written comments concerning this request should be submitted to the following address within thirty (30) days of the date that this letter was issued, Ms . Ann Zimmerman Division of Waste Management, UST Section Raleigh Regional Office 1628 Mail Service Center Road Raleigh, North Carolina 276994 628 (919) 5714700 All comments received within this time frame will be considered in approving the CAP . A public meeting may be held should the Department find a significant degree of public interest in the proposed activities . Ms . Zimmerman may be contacted during normal weekday business hours to answer questions or to arrange an appointment to review the information on file pertaining to the release . Notification of this request for approval of a CAP is also being made by certified mail to Ms . Rosemary Simmons , the Orange County Health Director, and other property owners and occupants within or near the source area of the release . Sincerely, TRIGON ENGINEERING CONSULTANTS9 INC . i�v 10�� U QhenR. Arnall, Jr. , P . E . 1b Stewart, P . G . Branch Manager r'Senio WRegistered Geologist JMS/JRA: pkb s: 101501projects00011015010431notif. doc TRIGONENGD&ERING CONSULTANTS, ING Page 2 7 O Fuss & O 'Neill Inc . Consulting Engineers 610 Lynndale Court - Suite E , Greenville , NC 27858 TEL 252 355- 1370 FAX 252 355-8186 iNTERNET: www,fussandoneill .com Other Offices: Manchester, Connecticut West Springfield , Massachusetts Trumbull , Connecticut Providence , Rhode Island Columbia, South Carolina February 26 , 2003 CERTIFIED MAIL 7002 2410 0001 1686 0165 0 V Return Receipt Requested MAR 3 2003 Mr . John M . Link, Jr . Orange County Manager 200 South Cameron St . PO Box 8181 Hillsborough, NC 27278 RE : Notice of Request for Approval of a Corrective Action Plan Wayside Grocery 2113 US Highway 70A East Hillsborough, Orange County, NC Incident # 16858 Dear Mr. Link : This letter is to inform you that the NC Division of Waste Management (DWM) has received a request for approval of a proposal to cleanup a discharge or release from a petroleum underground storage tank system located in your area. Because you are the Orange County Manager, the State rules governing groundwater classifications and standards ( 15A NCAC 2L . 0115 ) require that you be informed of the proposed activities . Fuss & O `Neill, Inc . , on behalf of the responsible party, Gwaltney Oil & Gas Company, is providing notice of the request for approval of a Corrective Action Plan that proposes : • To use natural processes of degradation and attenuation as a method to cleanup contaminated groundwater, The source of contamination is located at 2113 US Highway 70A East . Please see the attached map showing the location of the source area of the discharge or release . ■ The constituent contaminants have the ability to naturally degrade and attenuate . This natural reduction in contaminant concentration can occur without mechanical equipment to physically treat the ground water . a 0 Fuss & O ' Neill Inc . Consulting Engineers ■ Physical treatment of the groundwater is expensive and the costs involved in treatment wells and treatment equipment greatly exceed the costs to monitor a natural attenuation method . ■ A monitoring well network is in place to monitor contaminant plume concentrations and movement to document the natural attenuation . If you would like to examine the plan, please contact the DWM at the Raleigh Regional Office . The Regional office has the Corrective Action Plan along with other site information on file and available for public review . You may make copies of this information for a small fee . Any written comments concerning this request should be submitted to the following address within 30 days of the date that this letter was issued ; NCDENR Raleigh Regional Office Division of Waste Management, UST Section 1628 Mail Service Center Raleigh, NC 27699 (919) 5714700 All comments received within this time frame will be considered in approving the Corrective Action Plan . A public meeting may held should the Director of the DWM find a significant degree of public interest in the proposed activities . Ms . Anne Zimmerman may be contacted during normal weekday business hours to answer questions or to arrange an appointment to review the information on file pertaining to the discharge or release . Notification of this request for approval of a Corrective Action Plan is also being made by certified mail to Ms . Rosemary Summers , Orange County Health Director, and property owners and occupants within or near the source area of the discharge or release . Sincerely, Fuss & O ' Neill, Inc . Susan A . Laugliinghouse , L . G . Project Manager cc : NCDENR-DWM-UST Section Gwaltney Oil & Gas Company N 5. 21 . 5021 ..6 d 5 . 21 . . 8 5 . 21 . . 49 GS 5 . 24 . 39 O aylo . 21A7 % 5.21 . .39 5 . 21 . .32 �S 5 . 21 . . 40 - 5. 21 . .46 N 5 . 21 .. 44 5a5eAs16 - lE n 5 . 5 . A. 10 Carolantic Investments Harris 5 . 21 . . 60 5 . 5 . AA 3 5.21 . . 60K 5 . 5A . 20 5 .5 . A. 23A 5 . 21 . . 60B LEGEND : SITE -WAYSIDE GROCERY CHURCH GOLF COURSE Date : 2 - 10 - 03 FIGURE 4 ADJACENT PROPERTY OWNERS MAP Scale : 1 " — 400 ' ic ^ FUSS & O ' NEILL INC . Consulting Engineers WAYSIDE GROCERY 610 LYNNDALE COURT - SUITE E, GREENVILLE, NC 27859 2113 US HIGHWAY 70A EAST 0 200 400 (252) 355 - 1370 RMLSBOROUGH , ORANGE COUNTY, NC Graphic Scale Project No : 02002781 . A10