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APPROVED 6/6/02
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
March 6, 2002
The Orange County Board of Commissioners met in regular session on Wednesday, March 6,
2002 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W.
Brown, Moses Carey, Jr. (arrived at 9:16), Alice M. Gordon, and Stephen Halkiotis
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser, and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately
below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. ADDITIONS OR CHANGES TO THE AGENDA
The Board agreed to add two items to the agenda:
Item 5-c, "A Resolution Endorsing a Traffic Light at Orange Grove Road and New Grady
Brown School Road" and item 10-c, Report from the Triangle Transit Authority.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. CITIZEN 8~ AUDIENCE COMMENTS
a. Matters not on the Printed Agenda
b. Matters on the Printed Agenda (These matters were considered as the Board addressed
the items on the agenda below.)
3. BOARD COMMENTS
Commissioner Halkiotis said that this weekend he and Commissioner Carey attended the
Legislative Conference in Washington. He said he attended one session called "How Safe Is Our
Drinking Water and Wastewater Infrastructure From Potential Terrorist Attacks?" which was presented
by the Executive Director of the Association of Metropolitan Water Agencies out of Washington. He
noted during her presentation that the federal government is commissioning a vulnerability assessment
of water supplies involving population clusters of 100,000 or more because there are 55,000 public
water supplies in this country. He asked if there was a priority order given to the vulnerability
assessments based on public water supplies that may be in close proximity to nuclear power plants.
The answer was yes and that they have identified 30 public water supplies in close proximity to nuclear
power plants. He said that he also asked if this list of 30 identified water supplies in close proximity to
nuclear power plants is public knowledge and the presenter said that it was not. He thinks this is highly
significant.
Chair Jacobs said that based on this information and any additional information, maybe we could
send a letter to Triangle J COG about turning down OWASA which asked for some assistance. He said
that it is not just Orange County making something up or OWASA trying to bring politics into water
issues and that it is a very serious issue and that it is not just Orange County being concerned.
Commissioner Halkiotis agreed with this suggestion. He will put together a short memo to the County
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Commissioners. He said that it is not an unreasonable concern because they have already identified
30 areas.
Commissioner Halkiotis said that he met with Chief John Blackfeather this morning on the banks
of the Eno River with the Executive Director of the Piedmont Conservation Council. The Occaneechi
tribe is interested in cleaning up the river of fallen trees behind where the Indian village is located. The
Piedmont Conservation Council is willing to help with the resources to clean up the fallen trees. He
asked Mr. Evans to send a letter to the Board of County Commissioners so that the County
Commissioners can discuss this project. It means that if we are willing to assist in the cleanup, once
the trees are taken out of the riverbed, there could be free firewood to citizens or arrangements could
be made with the landfill for mulch. This is an opportunity to open up communication with Orange
County, the Piedmont Conservation Council, the Occaneechi tribe, and the Town of Hillsborough and
benefit everyone in the long run. There will be no burning of the trees.
Commissioner Gordon said that she went to an open house on February 24th put on by the
Hillsborough Road Cooperative. She distributed some literature that explains the different kinds of
affordable housing. She also made reference to the Greater Triangle Regional Council that met and
talked about air quality. She distributed a copy of the summary of this meeting from the News and
Observer. When studying ways to reduce pollution and clean up the air, the researcher found that in
transportation corridors one of the major culprits was diesel-powered vehicles and that in off-road areas
the problem was diesel construction equipment. They recommended against using ethanol and
suggested using compressed natural gas instead.
Commissioner Gordon said that the Schools and Land Use Council meets on March 13th. They
will talk about the Adequate Public Facilities Ordinance.
Chair Jacobs expressed regrets, on behalf of the County Commissioners, of the untimely death of
Matthew Burke who directed the Peoples Channel. Mr. Burke was at a young age and very well
respected and did a lot to help make the Peoples Channel what it is.
A Member of the Peoples Channel Board and a friend of Matthew Burke, Vimala Rajendran,
spoke. She said that he died suddenly last Tuesday at age 32. She said that he joined the channel
board of directors six years ago. He was instrumental in building the station and setting up the
technical end of the Peoples Channel station. He came on staff and became the station manager. He
trained hundreds of volunteers. He even built the mobile unit that is used here in this facility. His
contribution to the community is priceless. His family has asked that contributions be made to the
Matthew Burke Memorial Fund, c/o the Peoples Channel, 300A S. Elliott Road. Such funds will be
utilized to further advance Mr. Burke's dream to create a free forum for free speech and expression
through the medium of television.
Commissioner Halkiotis said that it would be appropriate to put together a letter that the Board of
County Commissioners will sign and send it on to Mr. Burke's parents just to let them know what an
impact he had on a group of elected officials and an entire county. He was a great guy and will be
missed.
Commissioner Brown said that she has been working with the UNC Department of Psychiatry.
They put together a group to talk about therapeutic housing and the Department of Psychiatry is putting
in a grant proposal to the University foundation to work on a study of the housing needs for those who
are going to be put out of housing by the State's mental health reform.
Chair Jacobs made reference to an awards luncheon that he and Commissioner Gordon attended
today for the Disability Awareness Council. This was a nice event and people there were talking about
employment for people with disabilities.
Chair Jacobs made reference to a letter he received requesting that we consider a sliding fee
scale for Orange County EMS services for uninsured low-income residents. He spoke with this person
on the telephone and she asked for some assistance. He thinks this is a reasonable thing to look into.
Chair Jacobs made reference to air quality and said that the County's Solid Waste Ordinance is a
great step forward. As a Board we are taking a leadership role in doing what we can within our purview
for air quality.
4. COUNTY MANAGER'S REPORT
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John Link made reference to cultural diversity training and said that to date 550 County
employees have been trained in phase I. To lead this effort we have had a diversity resource group.
Economic Development Director Dianne Reid said that the training was in response to the County
Commissioners' goals to respond to increasing diversity in our community. All current County
employees will have completed phase I by the end of April. This phase is about building awareness.
She reported that the trainer, Pat Colair has come back to the resource group and noted that people in
other parts of the state are amazed at what Orange County is doing. She thanked the Board for its
support.
Annette Atwater from Social Services talked about her personal experiences as part of the
resource group. She said that as they progressed through the training, employees became more open
in sharing their feelings and more aware about the changes and how they need to make changes in
their departments to better serve the citizens. She was also part of the pilot program for phase II, and
in this training it was more specific in learning about diverse populations. She is looking forward to
phase III, which is a work in progress. She encouraged the County Commissioners to also participate
in the training.
John Link made reference to a memo regarding an upcoming board meeting held by the Chapel
Hill-Carrboro City Schools. He also made reference to material, which represents a letter he sent to
Superintendent Neil Pedersen today regarding the apparent aggressive plan to proceed with a smaller
high school. He felt that it was important that the staff and school board be aware of certain
expectations that the County Commissioners have. Another issue is that the County Commissioners
will not have received an official presentation on the Capital Improvement Plan for the schools and the
County until March 18. It may be the end of May or the first of June before the CIP is actually adopted.
He encourages some planning and said that he feels the Board of County Commissioners needs to be
put into the mix.
Commissioner Brown said that everything she has heard about the high school has been in the
newspaper. John Link said that a letter was received on January 28th from Dr. Pedersen in which
Chapel Hill-Carrboro City Schools describe the idea and rationale of a smaller high school.
This issue will be discussed at the joint meeting with the school boards on March 25tH
Commissioner Gordon would like for the Chapel Hill-Carrboro City Schools to explain the reason
they are pursuing a smaller high school. Is it because of the money or because it is a better model?
5. RESOLUTIONS/PROCLAMATIONS
a. Severe Weather Awareness Week Proclamation
The Board considered proclaiming the week of March 10-16 as Severe Weather Awareness
Week. Dinah Jefferies from Orange County EMS said that spring is approaching and with it comes the
threat of severe weather. She read the proclamation.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the proclamation as stated below:
PROCLAMATION
SEVERE WEATHER AWARENESS WEEK
March 10-16, 2002
WHEREAS, Governor Michael F. Easley has proclaimed the week of March 10-16, 2002 as
Severe Weather Awareness Week; and
WHEREAS, Orange County is vulnerable to severe weather, including the devastation of tornadoes;
and
WHEREAS, Tornadoes occur in North Carolina each year; and
WHEREAS, The need for citizens to learn more about tornadoes and how to protect themselves
should be emphasized;
NOW THEREFORE, The Board of County Commissioners hereby proclaim the week of March 10
through 16, 2002, as Severe Weather Awareness Week, and encourage all citizens to
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learn more about tornadoes and be aware of the dangers of severe weather, especially
during the spring season.
This, the 6th day of March 2002.
VOTE: UNANIMOUS
Commissioner Halkiotis asked if we could find out if Orange County's phone service
providers have any kind of emergency paging system in place to target specific areas in the County.
Chair Jacobs asked about a guide for emergency preparedness for citizens and
Dinah Jefferies said that some of that information is on the website and a pamphlet is being prepared.
b. Women's History Month Proclamation
The Board considered proclaiming March 2002 as Women's History Month. Kathy Young, a
member of the Commission for Women, and Bonnie Gates, Vice-Chair of the Commission for Women,
made comments. Kathy Young told about an event that will be happening on March 17th at the New
Hope Elementary School auditorium from 2:00-4:00.
Commissioner Gordon read the proclamation.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to
approve and authorize the Chair to sign the proclamation as stated below:
PROCLAMATION
WOMEN'S HISTORY MONTH
WHEREAS, American women of every culture, class, and ethnic background have made
historic contributions to the growth and strength of our Nation in countless recorded and unrecorded
ways; and
WHEREAS, American women have played and continue to play a critical economic, cultural,
and social role in every sphere of the life of the Nation by constituting a significant portion of the labor
force working inside and outside of the home; and
WHEREAS, American women have played a unique role throughout the history of the Nation
by providing the majority of the volunteer labor force of the Nation; and
WHEREAS, American women were particularly important in the establishment of early
charitable, philanthropic, and cultural institutions in our Nation; and
WHEREAS, American women of every culture, class, and ethnic background served as early
leaders in the forefront of every major progressive social change movement; and
WHEREAS, American women have been leaders, not only in securing their own rights of
suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the
industrial labor movement, the civil rights movement, and other movements, especially the peace
movement, which create a more fair and just society for all; and
WHEREAS, despite these contributions, the role of American women in history has been
consistently overlooked and undervalued, in the literature, teaching and study of American history; and
WHEREAS, the Orange County Board of County Commissioners on March 25, 1976,
established the Orange County Commission for Women to promote the growth and development of all
Orange County women and the Commission has been doing that for more than 25 years;
NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North
Carolina hereby proclaim March 2002 as "Women's History Month" and commend this observance to
Orange County citizens.
This, the 6'h day of March 2002
VOTE: UNANIMOUS
c. Endorsing a Traffic Light at Orange Grove Road and New Grady Brown School Road
Commissioner Halkiotis said that this has been an ongoing project of the Orange County
School Board and a lot of parents. He read the proclamation.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve and authorize the Chair to sign the resolution as stated below:
A RESOLUTION
ENDORSING A TRAFFIC LIGHT
AT
ORANGE GROVE ROAD AND NEW GRADY BROWN SCHOOL ROAD
WHEREAS, Cedar Ridge High School is scheduled to open in Fall 2002 with a student capacity of
approximately 900 and an ultimate capacity of 1,500; and
WHEREAS, Cedar Ridge High School will be located on the north side of New Grady Brown School
Road across from Grady Brown Elementary School, which has a student capacity of 575; and
WHEREAS, several new residential sites are currently being developed on Orange Grove Road north of
this intersection, and some of the traffic from the 381 apartments and 30 townhouses in those
developments can be expected to impact this vicinity; and
WHEREAS, North Carolina Department of Transportation statistics indicate, from 1997 to 1999,
average daily traffic increased on Orange Grove Road north of this location (north of I-40) and average
daily traffic in that vicinity can be expected to increase at a greater rate with the new developments; and
WHEREAS, Orange County has requested for several years that the North Carolina Department of
Transportation install a traffic light at the intersection of New Grady Brown School Road with Orange
Grove Road and investigate lowering speed limits in the vicinity of Cedar Ridge High School; and
WHEREAS, North Carolina Department of Transportation staff assured the Orange County
Commissioners in July 2001 that additional development on Orange Grove Road had changed
conditions to meet department warrants for a traffic signal, and subsequently designated a traffic tight
at Cedar Ridge High School as the top spot safety project in Orange County; and
WHEREAS, many parents and other concerned citizens, including the members of the Orange County
School Board and state Senator Ellie Kinnaird, have lobbied for the installation of this necessary safety
improvement; and
WHEREAS, Orange County believes a traffic light at that location is warranted for the safety of school
children, pedestrians, cyclists and motorists traveling in that vicinity;
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NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners endorses
the installation of a traffic light at the intersection of New Grady Brown School Road with Orange Grove
Road in time for the opening of Cedar Ridge High School in August 2002.
This, the 6`h day of March 2002
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS -NONE
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve
those items on the consent agenda as stated below:
a. Property Tax Refunds
The Board approved four requests for property tax refunds in accordance with the resolution
incorporated herein by reference.
b. Motor Vehicle Property Tax Refunds
The Board approved four requests for motor vehicle property tax refunds in accordance with
the resolution incorporated herein by reference.
c. Budget Amendment #4
This item was removed and placed at the end of the consent agenda for separate
consideration.
d. Maple View Soccer Field Lease
This item was removed and placed at the end of the consent agenda for separate
consideration.
e. Reappointment to Carrboro Northern Transition Area (NTA) Advisory Committee
The Board re-appointed Jean Andrews Earnhardt to the Carrboro NTA Advisory Board for a
second term to expire January 31, 2005.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
c. Budget Amendment #4
The Board considered budget ordinance and grant project amendments for fiscal year 2001-
2002.
Commissioner Brown pointed out the items included in budget amendment #4 noted that all
these items pertain to serving citizens.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
adopt the budget ordinance amendments and the grant project ordinance amendment as
recommended.
VOTE: UNANIMOUS
d. Maple View Soccer Field Lease
The Board considered approving a lease in the amount of $1 per year for the area of Maple
View Farms upon which a soccer field is to be developed.
Commissioner Brown said that she has had some issues brought to her attention from
people who live in this area. They are afraid of the noise that will be created by such a recreational
activity. She would like to see some limitations on the field, which will assure the neighbors that they
will not lose the tranquility they enjoy. She noted that this has never gone to a public hearing.
John Link said that the next phase, which is the programming, would include how the field
will be used and would address all the concerns expressed by the neighbors in that area. The
concerns include hours of operation, noise, no lights, etc. This item was to secure the lease and to
assure the Nutter's that we are going to go ahead with the plan to use their property.
In answer to a question from Commissioner Brown, County Attorney Geoffrey Gledhill said
that there is no requirement for a public hearing in this situation, but there is nothing that prevents the
County from having one.
Commissioner Gordon suggested a third action to the recommendation as follows: "Direct
the staff to prepare proposed operational and programming procedures and bring back to the Board of
County Commissioners for approval with an implementation schedule that allows for appropriate input
from the neighbors and the public in general."
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
• Approve a lease with the Nutter Family Limited Partnership III for 5.897 acres at the Maple
View Farm upon which to develop a soccer field. Terms and conditions of the lease shall be
substantially those presented in the attached lease, however, subject to Attorney and Staff
review;
• Authorize the Chair to sign on behalf of the Board; and
• Direct the staff to prepare proposed operational and programming procedures and bring
back to the Board of County Commissioners for approval with an implementation schedule
that allows for appropriate input from the neighbors and the public in general.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Moratorium on Telecommunications Towers
The Board considered closing the public hearing and making a decision on a proposed six-
month moratorium on telecommunications towers for applications, which are in process and for new
applications.
Planning Director Craig Benedict said that there was a 7-1 vote by the Planning Board in
favor of the moratorium with one change to allow the co-location of telecommunication facilities on
existing towers during the six-month period. There was a public hearing on February 25'h on the
proposed moratorium. The reason for the moratorium is that there have been a lot of changes in
technology and the height and placement of the poles. The telecommunication industry expressed their
desire to work with the Planning staff on the revisions to the regulations for telecommunication towers.
They are putting together a committee of County departments and the telecommunications industry to
discuss the new regulations.
Based on the deliberations of the Planning Board and the recommendations of the staff, the
recommendation is to adopt the moratorium ordinance with the deletion of the statement in the
resolution of not permitting co-location on existing towers.
Commissioner Brown made reference to attachment two and asked for clarification and
Craig Benedict said that any application previously received, which has not been acted on by any
authority, would be included in the moratorium.
Commissioner Gordon asked how many applications came in between the public hearing
and today and Craig Benedict said that one was received. That application would be invalid because it
did not have afive-day pre-conference hearing. There was one in process at the time of the public
hearing but it was denied by the Board of Adjustment.
Commissioner Gordon said that if applications had been received that were valid, she would
support accepting those applications and letting them go through. She said that applications should be
accepted until action is taken (an official vote).
Public Comment
Robert Ekstrand, Attorney for Verizon and Cingular, said that, based on the discussions with
the Board of Adjustment and the Planning Board, his sense was that the change in the resolution could
be broadened to include existing structures. The second issue he raised last week was that he would
like to be a part of the upcoming discussion and he thanked the County Commissioners for this
opportunity. The last issue is that Verizon has been working with Crown Castle Atlantic for 12-14
months developing a site at the intersection of NC54 and Gold Mine Road. His hope is that the County
Commissioners will adopt a moratorium that will not apply to any applications received before the time
of the enactment of the moratorium. He has language that will accomplish this, and he distributed this
information. There were two provisions. The first proposed amendment is that the moratorium will not
apply to any application for a special use permit to construct a telecommunications facility that was filed
with the Planning Department on or before the effective date of this moratorium. Regarding the pre-
application meeting, he said that the application was forced into an expedited pattern and there was no
time to have the meeting before tonight. He asked the County Commissioners to consider letting the
application go forward because they have been working on it for so long.
Commissioner Gordon asked Mr. Ekstrand if he feels they have met the requirements of the
ordinance and he said that they did meet the requirement. They still need to have apre-application
meeting with Tom King. He does not agree that not having the pre-application meeting invalidates their
application.
Joey Green with Crown Castle Atlantic noted that since word of the moratorium in early
February, there has still only been one application. He asked that the County Commissioners consider
letting their application,' which was filed yesterday, be exempt from the moratorium.
Bill Howard from American Tower encouraged the County Commissioners to allow co-
locations during the moratorium. He feels that this can continue without violating any requirement. He
distributed some information. He also spoke about emergency management and said that there are
facilities called "Cellular on Wheels", which are temporary transportable towers. The facilities are
mobile and provide prompt response so that when electricity is out and other weather emergencies
happen, the facilities can go up in a short amount of time and provide additional capacity to keep the
wireless telecommunications going. He said that this possibility might have a distinct effect on the
language of any new ordinance.
Chair Jacobs asked about the discussion by the Planning Board on applications received
between the public hearing and today. Craig Benedict said that the Planning Board felt that a
moratorium should be placed on all applications submitted but not voted on. Chair Jacobs asked how
long it takes for an application to be approved and Craig Benedict said that a Class B would take six
weeks and a Class A would take four to five months.
Chair Jacobs made reference to the recommendation not to allow co-location on power
poles and other structures and asked how this would be different from co-location on
telecommunications towers. Craig Benedict said that the only difference is that co-location on a power
pole requires a zoning compliance permit and co-location on an existing telecommunications tower is
not regulated.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to close
the public hearing.
VOTE: UNANIMOUS
Geoffrey Gledhill made reference to the proposal of the language change (handwritten) and
recommended for #2 after "equipment on", the following: "an existing structure, including but not limited
to co-location on existing towers...." He agreed with #1. This would exclude from the moratorium those
activities and would accomplish the recommendation of the Planning Board.
Commissioner Gordon disagreed with broadening the language to include co-location on
existing structures.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt
and authorize the Chair to sign the ordinance establishing asix-month moratorium on
telecommunication towers, and to include the additional language as proposed by Mr. Howard (not with
Geoffrey Gledhill's addition) to be clear that we are not increasing the height of the structures.
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An Ordinance Establishing A Six (6) Month Moratorium On Consideration Of Applications For
Telecommunications Towers That Have Not Received A Zoning Compliance Permit Or A Special
Use Permit On The Effective Date Of This Resolution And On The Receipt And Processing Of Any
Telecommunications Tower Application For A Zoning Compliance Permit Or A Special Use Permit
On Or After The Effective Date Of This Resolution
WHEREAS, there are currently 49 telecommunications towers located in Orange County's
planning and zoning jurisdiction; and
WHEREAS, it is appropriate for Orange County to consider the scope of regulation for additional
telecommunications towers in Orange County's planning and zoning jurisdiction; and
WHEREAS, the Orange County Board of Commissioners on January 28, 2002 discussed
potential amendments to telecommunications regulations in the Orange County Zoning Ordinance; and
WHEREAS, potential ordinance amendments may, among other things, address the location,
spacing, height, appearance, processing and total number of towers in Orange County; opportunities
for co-location of facilities on individual towers; notification of `balloon testing' to affected parties;
promotion of tower facilities in existing electric transmission corridors; and limited use of public land;
and
WHEREAS, the Orange County Board of Commissioners proposed a moratorium on
consideration of applications for telecommunications towers that have not received a zoning
compliance permit or a special use permit on the effective date of this resolution and on the receipt and
processing of any telecommunications tower application for a zoning compliance permit or a special use
permit on or after the effective of this resolution; and
WHEREAS, asix-month moratorium to complete work on ordinance amendments specific to
telecommunications towers is in the best interest of the citizens of Orange County and necessary to
protect the health, safety and welfare of the citizens of Orange County.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS:
Section 6.18 of the Orange County Zoning Ordinance is amended by adding new Subsection 6.18.1 to
read as follows:
6.18.1 Moratorium on Communications Towers
Beginning on the effective date of this ordinance there shall be in force a six month moratorium
on consideration of applications for telecommunications towers that have not, as of the effective
date of this ordinance amendment, received a zoning compliance permit or a special use permit,
and no special use permit application for the placement of a telecommunications tower will be
received or processed for six months after the effective date of this ordinance amendment. This
moratorium shall not apply to applications for, and approvals of, co-location of antennas and
equipment on existing towers that do not increase the height of the structure. The ordinance
amendment is effective on March 6, 2002 and shall expire on September 6, 2002.
Section 8.8.17a of the Orange County Zoning Ordinance is amended by adding new Subsection
8.8.17a.3 to read as follows:
8.8.17a.3 Moratorium on Communications Towers
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Beginning on the effective date of this ordinance there shall be in force a six month moratorium
on consideration of applications for telecommunications towers that have not, as of the effective
date of this ordinance amendment, received a zoning compliance permit or a special use permit,
and no special use permit application for the placement of a telecommunications tower will be
received or processed for six months after the effective date of this ordinance amendment. This
moratorium shall not apply to applications for, and approvals of, co-location of antennas and
equipment on existing towers that do not increase the height of the structure. The ordinance
amendment is effective on March 6, 2002 and shall expire on September 6, 2002.
VOTE: UNANIMOUS
b. Proposed Guidelines for Commissioner Requests for Information from Countv Staff
The Board considered proposed Guidelines for Commissioner Requests for Information from
County Staff. John Link summarized the information in the agenda abstract. He made reference to
page three, item three, which makes reference to when the information requested requires more than
two hours of staff work. In this case, the Manager will have a discussion with the Chair to decide how
to respond.
Commissioner Gordon asked about the word "significant" and how much time this involves -
two hours or several days. John Link said that staff would try to respond right away. However, we may
not know how long it will take until sometime after the meeting. If the item takes longer than planned,
then John Link would talk with the Chair and discuss where it would fit into the priorities.
Chair Jacobs suggested changing the language in item B-1 on page three to "(more than
several hours)" to be consistent with item three, "Additional Information Requesting Significant Staff
Work (More than Two Hours)."
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
approve the Guidelines for Commissioner Requests for Information from County Staff with the change
as suggested above by Chair Jacobs.
Commissioner Gordon said that there are other things that the County Commissioners do
that take staff time, such as meetings. John Link said that at this stage the number of project
committees or work groups is reasonable and is not encroaching on staff time.
VOTE: UNANIMOUS
c. Appointment to the Chapel Hill Planning Board
The Board considered appointing a joint planning area (JPA) representative to the Chapel
Hill Planning Board.
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint
Ms. Suzanne Haff to the Chapel Hill Planning Board as a representative of the joint planning area for a
term ending June 30,2005.
VOTE: UNANIMOUS
d. Appointment to Planning and_Funding Schools Capital Projects Committee -For
Orange Countv Schools' New Middle School
The Board considered appointing one County Commissioner to the Site Selection
Committee for the new Orange County middle school.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to appoint
Moses Carey to the Site Selection Committee for the new middle school to come on line for the 2006-
07 school year for the Orange County schools.
VOTE: UNANIMOUS
10. REPORTS
a. TTA Report on Regional Transit Initiatives
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The Board heard a report from TTA on regional transit initiatives.
Interim General Manager Don Carnell and Senior Transportation Planner Juanita Shearer-
Swink made this PowerPoint presentation. There were several handouts from TTA on the back table.
Juanita Shearer-Swink spoke about the likelihood of a population growth of 102% in the
triangle region by 2025. This has brought much traffic congestion and vehicle hours traveled is
projected to increase 2.7 times by 2025. She then explained the makeup of the Triangle Transit
Authority. The $5 vehicle registration tax and the 5% rental car tax are dedicated to TTA. The rental
car tax is dedicated to phase I of the Regional Rail Project. TTA has a ridesharing program and a
regional bus service. She outlined the changes in the bus routes. She spoke about prior TTA studies
and actions. Phase I of the Triangle Regional Transit Plan is 35 miles and 16 stations. It is envisioned
to operate with regional rail vehicles and be supported by regional bus and municipal bus systems.
They are in the process of completing the environmental impact statement that will lead to mitigation
plans with the local governments, finalizing the vehicles that will be used, and looking at a lot of issues
associated with operating in the North Carolina Railroad and the CSX Railroad corridors. TTA will be
building its own double tracks. The first 12 stations are anticipated to be online by 2008. The
remaining stations will be opened by 2011. The regional rail vehicles will be self-propelled and diesel-
powered. The total project cost is approximately $755 million. Approximately $51 million in federal
funds have been established for this project. The studies regarding phase II include an airport rail link
study, I-40 congestion management study, US 15-501 high capacity transit service, NC 54/I-40 transit
corridor study, center of the region enterprise study, and CAMPO NC 54 corridor study. Each project
will require inclusion in the appropriate MPO Long Range Transportation Plan. There will be local,
state, and federal funding. The projects anticipated to be in the rail corridors will require agreements
with the railroads.
Commissioner Brown asked how locked in TTA is to the type of train that would be
purchased for the regional rail. Don Carnell said that they are looking at a lot of different trains. One is
American made and the others are foreign made. Commissioner Brown encouraged the TTA to buy
American Trains.
Commissioner Brown made reference to the route between Durham and Chapel Hill and
asked about the retail establishments on 15-501. Juanita Shearer-Swink said that, based on the results
of the 15-501 major investment study, she does not anticipate tearing apart any of the retail along the
15-501 corridor.
Commissioner Brown made reference to the systems in Portland where they use the existing
streets and nothing is torn down. This is a very user-friendly system.
Commissioner Halkiotis agreed with Commissioner Brown about the system in Portland. He
made reference to the $188 million dollars from the State of North Carolina and asked where this would
come from. Don Cornell said that it is from NCDOT, specifically the Highway Trust Fund.
Commissioner Halkiotis finds it very troubling that the state is trying to tap into the County's money
when there is an untapped pot of money.
Chair Jacobs said that he would like to see some information on the diesel engine and what
kind of pollution will be produced per passenger compared to diesel cars.
Chair Jacobs said that since phase I only indirectly involves Orange County, that he hopes
that by the time they get to phase II that Orange County will be involved to a greater degree.
Commissioner Gordon asked that TTA speak to the funding for phase II and since there is
no funding for phase II, where do they think that money will come from. Don Carnell said that there
could be additional taxes or levies, increasing the percentages or dollar amounts that are allocated to
TTA, etc. Commissioner Gordon said that one of the things she wanted the Board to be aware of is
that they went to the legislature to get additional funding and the legislature denied the request. Some
of the money was supposed to solve the four-year cash flow program to support phase I and to expand
the bus system. She said that there is a significant expansion of bus service on March 18th. This will
be the last expansion until the rail system is open in 2008. She asked how you would explain to
someone from Orange County that what is being provided is adequate and their fair share considering
the amount of money that Orange County citizens are paying.
is
Don Carnell suggested that we look at some of the more unconventional funding
mechanisms to help accelerate projects of regional importance. If TTA is successful in phase I, they
can amend the full funding grant agreement and add some additional track or system components they
will be studying over the next few years.
b. Planning Process for Joint County/Town Open Space Projects - IP Work Group
The Board received an update on the progress of the Intergovernmental Parks (IP) Work
Group regarding a recommendation on a policy for joint planning of parks and open space projects.
Environment and Resource Conservation Director David Stancil made this presentation. He
said that a draft policy statement that was developed in September 2001 was sent to the towns for
comment and then to the Intergovernmental Parks Work Group. The work group has been trying to
develop some thoughts and ideas. He pointed out the summary of the IP Work Group discussion on
February 27th, which is on page three of the agenda abstract. The work group appointed a
subcommittee of Margaret Brown, Mark Dorosin, and Flicka Bateman to meet and discuss the above
issues and submit a recommendation to the work group.
Chair Jacobs asked about the level of public participation. David Stancil said that the project
plan group might be the vehicle to decide on the level of contact planning and public involvement.
Chair Jacobs said that there should be citizen participation early in the process and as
thoroughly in the process as possible.
Chair Jacobs asked if there is a process so that there will be pre-concept plans and so that
all of the properties we envision or that are in the bond package will be on an equal footing.
David Stancil said that he has been working with Budget Director Donna Dean to develop
timetables to lay out the different project phases.
John Link said that there is funding at each project's initial stages as they are ready. He
said that there was no ironclad way to assure that all projects are on equal footing. He said that we
could assure those groups that as soon as they are ready to move forward on a particular project that
the funding will be available to keep the projects moving.
Commissioner Gordon said that one of the County Commissioners' policies was to stagger
the bond funding so that all of the monies are not spent in one year. With regards to County projects, it
would be prudent to ask our advisory boards for their input on these projects.
Commissioner Gordon asked how much money would be saved by building several soccer
fields at once. Commissioner Halkiotis said that the savings could be significant if the equipment is
brought on one big site to develop a lot of fields.
c. Heritage Hills Hazard Mitigation Grant Program Completion Options
The Board was to receive a preliminary report, and consider providing feedback to staff
regarding options for the disposition of two lots and houses acquired by Orange County under the
federal- and state-funded Hazard Mitigation Program. However, this item was delayed.
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to go into
Closed Session
a. "To consult with an attorney retained by the Board in order to preserve the attorney-client
privilege between the attorney and the Board; Orange County vs. the NRC, NCGS § 143-
318.11(a)(3).
b. To consider the qualifications, competence, performance, character, fitness, conditions of
appointment for conditions of initial employment of an individual public officer or employee or
prospective public officer or employee," NCGS 143-318.11(a)(6).
VOTE: UNANIMOUS
13
14. ADJOURNMENT
With no further items for the Board to consider, a motion was made by Commissioner Halkiotis,
seconded by Commissioner Brown to adjourn the meeting at 11:20.
VOTE: UNANIMOUS
The next meeting on the schedule will be held on Monday, March 18, 2002 at 7:30 p.m. at the
Government Services Center in Hillsborough, North Carolina.
Barry Jacobs, Chair
Beverly A. Blythe, CMC