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HomeMy WebLinkAboutMinutes - 20050503 r 1 APPROVED 06/23/2005 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 3, 2005 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 3, 2005 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey and Commissioners Valerie P. Foushee, Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. The meeting began at 7:40 p.m. 1. Additions or Changes to the Agenda None PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Norman Walker spoke about his road, which is going to be paved by the State after 75 years of being a dirt road. He is happy about the road being paved, but he is not happy that DOT wants to take down rows of trees in the right-of-way. He showed pictures of the road and trees. He asked the County Commissioners to use their influence to get the road paved just as it is without losing the trees. He said that the residents keep the road and banks in good shape. Commissioner Halkiotis asked how many trees there were and Norman Walker said 170, and some are as much as 100 years old. Commissioner Jacobs said that he has had some experience with this problem of trying to work with DOT on an unpaved road. He said that it looks like there are many more trees on one side of the road than the other. Norman Walker said that in one spot there are more trees. Commissioner Jacobs said that DOT told him that they want to have their swells and their width. He asked if it was a voluntary process or if they would do it whether they were given right-of- way or not. Norman Walker said that they gave DOT right-of-way in 1976 for minimum maintenance. The right-of-way includes the shoulders. 2 Commissioner Jacobs suggested that this be referred to the Planning Director and County Engineer. He said that his experience is that DOT either wants the right-of-way so that they can have their swells and maintain it the way they want, or they do not want to pave it. Norman Walker agreed with this, as long as their road is not taken off of minimum maintenance. Commissioner Gordon said that DOT might be willing to compromise and keep the trees on one side of the road. This matter will be referred to the Planning Director. Commissioner Halkiotis asked about the length of the road and Norman Walker said %2 mile with two houses. He thinks this can be resolved very easily because this is not a major road-paving event. He thinks it is crazy to cut down 170 trees for this. He suggested calling DOT Division Engineer Mike Mills to resolve this. Chair Carey said that this would be referred to the staff as well as to the official DOT delegation to add to the agenda of the next meeting with DOT. Susan Monahan read a letter as follows: Dear Orange County Commissioners, As an NC Certified Environmental Educator and 10-year Orange County resident, I would like to lend my whole-hearted support to the establishment of an Environmental Education Center in our County. I have worked for many years in various Environmental/Nature Centers and schools, in the states where we have lived, teaching folks of all ages to appreciate, be curious, and care for the natural world around them. I live in Hillsborough now, and have volunteered in the schools bringing the "outside in" and leading hikes. I wish there were a place close by where children and adults of Orange and other counties could come discover and learn, hike, or just rest, and enjoy our natural and wild areas and all the "critters"that depend upon them. I work at Blue Jay Point County Park in Wake County and never tire of seeing the excitement in the kids' eyes (and their parents and teachers) as they get off the bus for an hour pond study or an overnight stay in the lodge. It is my hope that we can provide our populous with such a nearby place. I invite you to come and see Blue Jay Point first hand as an example of what we could have here someday. It is a vibrant place with folks of all ages coming to classes or hiking or picnicking or playing on the ball fields or just relaxing in the garden by the pond. I have put together a packet of information about Blue Jay's facilities and many wonderful programs and events, which I hope you will look over with an eye to seeing the possibilities for our County. I also have a letter from a preschool teacher in town expressing her support, and I assure you there are many others interested in such a center. Thank you for your time, Sincerely, Sue Monahan 2924 Ericka Dr. Hillsborough, NC 27278 b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3 3. Board Comments Commissioner Gordon—no comments. Commissioner Jacobs said that it occurred to him that the white house at Southern Human Services Center is sitting next to a pond and it is accessible. He suggested referring this to staff to see if this is a fit for an environmental center. There is some room in this house that the County Commissioners have talked about upgrading or making available. The only discussions have been making a meeting space out of it. Commissioner Jacobs recognized Environment and Resource Conservation Director Dave Stancil. Dave Stancil said that they received notification from the USDA that Orange County has been awarded another grant for the Lands Legacy program for farmland conservation easements totaling $845,646. This is the largest grant to date. This will help to purchase conservation easements on four farms throughout Orange County and water supply watersheds. This brings the grant totals to date to $3.7 million. He acknowledged Rich Shaw, who did a lot of the grant writing, as well as the Soil and Water office. Commissioner Jacobs announced that the Job Link Center at the Skills Development Center would have a reception on May 51h from 10:00 a.m. —2:00 p.m. on Franklin Street. Also, the Burwell School Spring party will be on May 6th from 6:00 p.m. —8:00 p.m. There is also an RSVP luncheon on May 19th celebrating 32 years of community service to Orange County. This is at the Friday Center from 11:30 a.m. — 1:30 p.m. Commissioner Jacobs said that the aquamarine sheet is regarding a bill introduced that would negate any efforts by the County to regulate forestry. He suggested that the Board go on record and send a letter to the legislators and to the NCACC that it opposes this bill and that it would further like to discuss having wider authority, especially in an area where air quality and the interface between suburban life and agricultural life is becoming increasingly uncertain. He suggested having Planning Director Craig Benedict and ERCD Director Dave Stancil work on this letter. Chair Carey asked staff to draft the letter. Commissioner Foushee— no comments. Commissioner Halkiotis said that he received a call from a citizen who saw a story in the New York Times about the Triangle Sportsplex and a child at A. L. Stanback whose life revolves around ice-skating. The article is in the packet. It is interesting to see how this facility has impacted the lives of a family. Commissioner Halkiotis thanked Economic Development Director Dianne Reid, Mike Lanier from Agricultural Extension, and Marty Mandell, a concerned citizen from Carrboro. He said that he traveled with them to a Renewable Energy for Economic Development Workshop. They talked about local industries that are looking at renewable energy as an economic development tool. One of the speakers was the new President of Wilson Technical Community College. He invited Commissioner Halkiotis to come to the campus because they are building a prototype sustainable educational building that is designed to use very little energy and to use internal retrofits. Also, the head of the engineering program at Cape Fear Community College spoke. They are now building an independent house that will not be hooked up to a power source. He would like to have a follow up meeting to see the applicability of some of this to Orange County. He will be going down to Wilson in the summer to visit this prototype building. Chair Carey said that he received a letter from Carol Woods retirement community that they would be contributing $175,000 to the County in December of this year. Carol Woods is tax exempt in Orange County and has been making contributions. Chair Carey said that the historic Airport Road in Chapel Hill would be dedicated as Martin Luther King, Jr. Boulevard on May 8th at 2:30 p.m. 4 4. County Manager's Report NONE 5. Items for Decision--Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from March 24 and 31, 2005 as submitted by the Clerk to the Board. b. Appointments (1) Affordable Housing Advisory Board — Reappointments The Board reappointed Wadleigh Harrison and Jabrina Robinson to first full terms ending June 30, 2008 and Martha Hoylman to a second term ending June 30, 2008 to the Affordable Housing Advisory Board. (2) Alcoholic Beverage Control (ABC) Board —Two Reappointments The Board reappointed Jill Ridkey-Blackburn and Leo Allison to second full terms ending June 30, 2008 to the Alcoholic Beverage Control Board. (3) Arts Commission —Reappointments The Board reappointed Robert Kintz to a first full term ending March 31, 2008 and Gordon Jameson to a second term ending March 31, 2008 to the Arts Commission. (4) Commission for Women — Reappointments The Board reappointed Cutler Andrews, Roberta Lee, Maria de Bruyn, and Vivian Herndon- Latta to first full terms ending June 30, 2008 and Arthrell Sanders to a second full term ending June 30, 2008 to the Commission for Women. (5) Carrboro Planning Board—One Reappointment The Board reappointed Susan Poulton to a term ending February 28, 2008 to the Carrboro Planning Board. (6) Human Relations Commission— Four Reappointments The Board reappointed Lisa Stifler to a first full term ending June 30, 2008 and Maria Fernandez, Phyliss Horton, and Melvin Smith to second full terms ending June 30, 2008 to the Human Relations Commission. (7) Orange County Board of Adjustment—One Reappointment The Board reappointed Joyce Moore Hall to a second full term ending June 30, 2008 to the Orange County Board of Adjustment. c. Boundary Survey of Real Property and Exemption from Selection Process— Duke University This item was removed and placed at the end of the consent agenda for separate consideration. d. Orange County HOME Consortium Agreement The Board adopted a resolution authorizing the execution of a HOME Consortium Agreement for the period July 1, 2005 through June 30, 2008, and future agreements for future periods not materially different from the July 1, 2005 to June 30, 2008 agreement by the County Manager upon approval by the County Attorney. RESOLUTION AUTHORIZING THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM CONSORTIUM AGREEMENT 5 WHEREAS, on June 29, 1992, the Orange County Board of Commissioners approved participation of the County in the Orange County HOME Consortium; and WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County are currently members of the Orange County HOME Consortium established on or about August 3, 1992; and WHEREAS, the current Orange County HOME Consortium Agreement expires on June 30, 2005; and WHEREAS, the Orange County HOME Consortium desires to continue to be considered for eligibility under the federal HOME Program operated by the U. S. Department of Housing and Urban Development as authorized under the National Affordable Housing Act, as amended; NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners authorizes the County Manager to execute the approved HOME Consortium Agreement for the period July 1, 2005 to June 30, 2008, and future agreements for future periods not materially different from the July 1, 2005 to June 30, 2008 agreement, subject to approval as to form by the County Attorney. This, the 3`d day of May 2005. e. Orange County Consolidated Housing Plan This item was removed and placed at the end of the consent agenda for separate consideration. f. Budget Amendment#11 The Board approved budget ordinance and grant project ordinance amendments for fiscal year 2004-05 for Department of Social Services, Health Department, Library Services, and Emergency Management. % NC State Firemen's and Rescue Sguad Pension Fund Certification Roster The Board approved the certification requirements for the Fire Marshal to participate in the North Carolina State Firemen's and Rescue Squad Workers' Pension Fund and authorized the Chair to sign. h. Contract Award: Aerial Survey of the Landfill The Board authorized the award of the RFP to Suttles Surveying, P.A. to provide an annual topographic map of the municipal solid waste landfill, construction and demolition landfill, and adjacent Neville property for three years through June 30, 2008 and authorized the Chair to sign, subject to final review by staff and the County Attorney. i. Bid Award: 300 HP Tandem Axle Dump Truck for Public Works The Board awarded a contract for the purchase of a 300 HP Tandem Axle Dump Truck from Tar Heel Sterling Truck Center from Charlotte, North Carolina at a cost of$92,964 and authorized the Purchasing Director to execute the necessary paperwork. L Acceptance of Report by Action Audits. LLC and Adoption of 2005 Rate Order Resolution for Cable Services in Unincorporated Orange County The Board accepted the report by Action Audits, LLC and adopted the proposed 2005 Rate Order approving the basic cable service rate, the proposed equipment and installation rates, and denying the 'add-on' charge in unincorporated Orange County. VOTE ON CONSENT AGENDA: UNANIMOUS 6 ITEMS TO BE REMOVED FROM CONSENT AGENDA: c. Boundary Survey of Real Property and Exemption from Selection Process— Duke University The Board considered authorizing the hiring of a surveyor for completing a boundary survey of an 8-acre property being considered for purchase by the County and to exempt the County from the provisions of G.S. 143, Article 3D in order to expedite survey work needed for the proposed acquisition. Chair Carey asked staff if they were going to seek quotes from the surveyors on this project. Rich Shaw from ERCD said that they asked the surveyor that did the survey on the adjacent Duke property to submit a quote, and he gave an estimate of$2,500, which is a good price for this work. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to authorize the hiring of a surveyor for completing a boundary survey of an 8-acre property being considered for purchase by the County and to exempt the County from the provisions of G.S. 143, Article 3D in order to expedite survey work needed for the proposed acquisition. Geof Gledhill said that the law with respect to bidding on surveying services prohibits the County from considering costs. VOTE: UNANIMOUS e. Orange County Consolidated Housing Plan The Board considered adopting a resolution approving the 2005—2010 Consolidated Housing Plan for Orange County, North Carolina. Commissioner Jacobs said that he thought the language had been changed on page 9 under Barriers to Affordable Housing. Tara Fikes said that the language was changed, but it was not changed in the version of the agenda abstract. Tara Fikes read the two sentences that were changed, as follows: "As with other types of development, Orange County's supply of affordable housing is dictated by a variety of factors, the most significant being project profitability, availability of land, and infrastructure, and government regulation. To address the Educational Impact Fee, the Orange County Board of Commissioners adopted an impact fee reimbursement policy, which provides funds to nonprofit housing developers constructing rental and owner-occupied housing to enable them to pay the fee without passing the cost to the prospective renters or homebuyers. With this reimbursement, the Board works to alleviate barriers to affordable housing." Commissioner Jacobs pointed out that there could be a profitable affordable housing project. He said that it is not just that the project is affordable; it is that in Orange County, more expensive houses are being built. This was the change he had proposed last time. He does not think it is reflected in "project profitability." He asked Tara Fikes to try and work this out before the end of the meeting, since it has to be done today. Later in the meeting, Commissioner Jacobs came back with the proposed language, as follows: "As with other types of development, Orange County's supply of affordable housing is dictated by a variety of factors, the most significant being project affordability, availability of land and infrastructure, developer preference for building high-end housing, and government regulations." A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to adopt a resolution approving the 2005—2010 Consolidated Housing Plan for Orange County, North Carolina, with suggested sentence changes above. RESOLUTION AUTHORIZING THE SUBMISSION OF THE FY 2005-2010 CONSOLIDATED HOUSING PLAN FOR ORANGE COUNTY, NORTH CAROLINA BE IT RESOLVED, by the Orange County Board of Commissioners, that the Commissioners authorizes the County Manager to submit the Orange County Consolidated Plan for Housing and Community Development Programs Annual Update to the U. S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein. BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of the County to act in connection with the submission of the Consolidated Plan and the Annual Update and to provide such additional information as may be required by the U. S. Department of Housing and Urban Development. This, the 3rd day of May 2005. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Drinking Water Week & OWASA Taste of Hope Program The Board considered proclaiming May 1 through 7, 2005 as Drinking Water Week in Orange County and encouraging participation in the Orange Water and Sewer Authority's (OWASA's) "Taste of Hope" Customer Assistance Program and authorizing the Chair to sign g 9 9 the p roclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee to proclaim May 1 through 7, 2005 as Drinking Water Week in Orange County and encourage participation in the Orange Water and Sewer Authority's (OWASA's) "Taste of Hope" Customer Assistance Program and authorized the Chair to sign the proclamation. PROCLAMATION DRINKING WATER WEEK IN ORANGE COUNTY WHEREAS, water is a fundamental need of all people; and WHEREAS, an adequate supply of safe water is a crucial part of the public health and quality of life in the Orange County community; and WHEREAS, the Orange Water and Sewer Authority (OWASA), Town of Hillsborough, Orange-Alamance Water System, Graham-Mebane Water System and Orange County work to serve Orange County residents with a safe, dependable quality and quantity of water now and for the future; and WHEREAS, the dedicated people serving the public at water and sewer utilities have made significant contributions in developing, operating and maintaining these systems; and WHEREAS, through the Taste of Hope Customer Assistance Program, OWASA customers can have their monthly bills automatically rounded up to the nearest dollar as a donation to help families in need; and 8 WHEREAS, the Inter-Faith Council for Social Service uses Taste of Hope donations to temporarily help OWASA customers when they are unable to pay their water/sewer bills; NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim the first through the seventh of May, two thousand and five as DRINKING WATER WEEK in Orange County and urges all residents to recognize the contributions and service of water and sewer utilities to our community. AND FURTHER, the Board of Commissioners encourages OWASA customers to participate as donors for pennies per month in the Taste of Hope program, and to contact OWASA for information and to become Taste of Hope donors. This the third day of May, 2005. i VOTE: UNANIMOUS b. See America Week/National Tourism Week The Board considered proclaiming the week of May 7 through 15, 2005 as See America Week/National Tourism Week in Orange County and authorizing the Chair to sign the proclamation. Patti Griffin, Communications Manager for the Visitor's Bureau, thanked the County Commissioners. She said that the Visitor's Bureau is partnering with the Chapel Hill News to develop a two-page tourism spread, which will appear on May 8th in the paper. They are also doing a tourism trivia contest with the classifieds, with the prize being provided by the Sheraton Chapel Hill Hotel. She distributed tourism post cards to the County Commissioners. She read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim the week of May 7 through 15, 2005 as See America Week/National Tourism Week in Orange County and authorize the Chair to sign the proclamation. SEE AMERICA WEEK/NATIONAL TOURISM WEEK PROCLAMATION May 7-15, 2005 WHEREAS, the travel and tourism industry supports the vital interests of Orange County contributing to our employment, economic prosperity, understanding, and goodwill; and WHEREAS, total domestic tourism in Orange County generated an economic impact of $115.27 million, —an increase of 0.2 percent over the previous year's figures— ranking the county 22nd in travel impact among North Carolina's 100 counties in 2003; and WHEREAS, state and local tax revenues from travel to Orange County amounted to $9.28 million in 2003, representing a $75 tax saving to each county resident; and 9 WHEREAS, more than 1,710 jobs in Orange County were directly attributable to travel and tourism; and WHEREAS, travel generated a $26.32 million payroll in 2003; and WHEREAS, our area attractions, welcome centers and tours hosted more than 1.26 million visitors in 2004; and WHEREAS, as people throughout the town, state, country and world become more aware of the outstanding cultural, historical, and recreational resources available in Orange County, and travel and tourism will become an increasingly important aspect in the lives of our residents; and WHEREAS, given these laudable contributions to the economic, social, and cultural well being of the residents of Orange County, it is fitting that we recognize the efforts of the Chapel Hill/Orange County Visitors Bureau and the importance of travel and tourism; NOW THEREFORE, WE, the Orange County Board of Commissioners do hereby proclaim May 7— 15, 2005 as SEE AMERICA WEEK/NATIONAL TOURISM WEEK in Orange County, and we recognize that Tourism Works in Orange County. This the 3rd day of May 2005. VOTE: UNANIMOUS c. Older Americans Month and Senior Center Week The Board considered joining federal and state governments in designating the month of May as Older Americans Month, a time to honor older residents for their contributions to society; and also to designate the week of May 8 through May 14 as Senior Center Week in Orange County to recognize local senior centers as focal points for providing opportunities and services to older citizens and authorizing the Chair to sign the proclamations. Department on Aging Director Jerry Passmore recognized some representatives from the Senior Centers— Roy Brock, President of the Chapel Hill Senior Center; Thelma Perkins, Vice-President of the Chapel Hill Senior Center Friends; Helen Miller, President of the Friends for Central Orange Senior Center; and Carroll Hawkins, a board member from the Central Orange,Senior Center. He said that these volunteers make the senior centers community centers instead of government centers. Roy Brock thanked the County Commissioners for what they do for senior centers and they appreciate the centers and look forward to moving into the new center. Helen Miller invited the County Commissioners to their annual meeting on May 16th at 10:00 a.m. at the Central Orange Senior Center at Meadowlands. Thelma Perkins invited the County Commissioners to the Chapel Hill Senior Center annual meeting on Monday, May 9th at 2:30 p.m. There is also a jazz concert on May 15tH Commissioner Halkiotis read the Older Americans Month proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to join federal and state governments in designating the month of May as Older Americans Month, a time to honor older residents for their contributions to society; and authorize the Chair to sign the proclamation. PROCLAMATION 10 OLDER AMERICANS MONTH WHEREAS, According to the latest population figures, there are more than 17,000 persons over 60 years of age in Orange County; and, WHEREAS, The President of the United States and the Governor of North Carolina have declared May as Older Americans Month; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they contributed to their County, State and Nation; and, WHEREAS, All Orange County residents enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place in which to live; and, WHEREAS, The theme for Older Americans Month is "Celebrate Long- Term Living" to recognize older Americans who are living longer, healthier, and more productive lives; and, WHEREAS, Orange County also wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 2005 as OLDER AMERICANS MONTH AND, further, do encourage all residents to join us in honoring our older Americans. VOTE: UNANIMOUS Commissioner Foushee read the Senior Center Week proclamation. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to designate the week of May 8 through May 14, 2005 as Senior Center Week in Orange County to recognize local senior centers as focal points for providing opportunities and services to older citizens and authorize the Chair to sign the proclamation. PROCLAMATION SENIOR CENTER WEEK WHEREAS, Local communities support over 15,000 Senior Centers across the United States, serving close to 10 million older adults annually, and, WHEREAS, Orange County has recognized the importance of Senior 11 Centers and has provided leadership in the development and operations of such facilities in the County through its Department on Aging, and, WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community, and, WHEREAS, Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported and socially involved, and, WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them, and WHEREAS, This year's Senior Center Week theme is "Senior Centers on the Move: Meet Us There'; NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the week of May 8 through May 14, 2005 as SENIOR CENTER WEEK AND, further, do call upon the people of Orange County to honor older Americans and the Senior Centers that bring together activities and services to their benefit. VOTE: UNANIMOUS Jerry Passmore said that the RSVP Vita program, the tax program, had a record year with 70+ volunteers and they served over 1,861 people in Orange County with tax assistance. They saved tax preparation fees of over$200,000 to citizens in Orange County. The net refunds were almost$1.5 million. Commissioner Gordon said that the Board of County Commissioners is proceeding forward with both senior centers and that the County Commissioners are committed to the centers being opened on time. 7. Special Presentations a. Distinguished Budget Presentation Award The Board recognized the staff of the Orange County Budget Office for earning the Government Finance Officers' Association (GFOA) Distinguished Budget Presentation Award for the 2004-2005 fiscal year budget document and presented the GFOA plaque. 12 John Link recognized the budget staff. The Budget Department has achieved this recognition 13 out of the last 14 years. Budget Director Donna Dean and Paul Laughton were in attendance, as well as Rebecca Crawford, the UNC MPA intern. The County Commissioners commended the Budget staff. b. Presentation of Proposed Northern Park Master Plan The Board received a presentation on the proposed master plan for Northern Park and the Northern Human Services Center, developed by citizens and staff between October 2004 and March 2005. Dave Stancil said that this is the culmination of four months of design work by a group of citizens in Cedar Grove Township and surrounding areas to create a master plan for the Northern Park at the Northern Human Services Center. The vision for this park dates back to the mid-1980's. In 1998, 40 acres of land adjacent to the center was acquired for this purpose, using money from the 1997 voter-approved parks bonds. The 2001 bonds allocated $1.2 million for facilities at the park. The Northern Human Services Center is located on NC 86 N about six miles north of Hillsborough. The building includes a branch library, recreation programs, and other human service offices. There is also a baseball/softball field. He gave the history of the development of the master plan. He said that they tried to design a facility that the community wanted. Through the process, they found identification of a new stream that they were not aware of. Some of the activities proposed include: • Basketball courts • Play area • New playing fields • Skate park area • Parking area • Picnic shelter with restrooms • Multi-purpose field (T-ball, soccer, etc.) Dave Stancil said that one facility that was talked about but not sited was an outdoor pool. It was quickly realized that an outdoor pool would take up the whole park budget. They wanted to reflect a possible site if it was feasible in the future. The priorities for the facilities include: • Infrastructure—entry road • Two parking lots • Picnic shelter with restrooms • Horseshoes and volleyball courts • New baseball/softball field in the northern part of the park • Skate park • Multi-purpose field • Basketball courts • Nature trails/measured walking track There were a total of 37 citizens at the different meetings, but there was a core group of 10-15 citizens that were there each time. The recommendation is that the Board receive the report and that the staff come back for a subsequent meeting to get into the details of the design. 13 PUBLIC COMMENT: Betty Compton said that she was speaking on behalf of herself and Dwight Compton. They are the owners of Creekside Farm, Cedar Grove, NC. They participated in the community meetings. Betty Compton read a letter as follows: We are writing to express our support for the proposed Northern Park that adjoins the Northern Human Services Center in Cedar Grove with one exception. We cannot support the inclusion of the option for"boating and fishing," (or as the proposal states, "recreational amenity" and the use of the pond as a part of this project.) The primary reason for our position is that the body of water is not the property of the County except for a very small section as outlined on the map. We share ownership of this body of water with Ms. Hattie Vanhook heirs and Mr. Terry Fuqua. We own the majority of the water. A second and equally compelling reason for our position is that the proposed future option of boating and fishing places the owners of the body of water at risk and makes us liable for any and all incidents or mishaps that occur when someone is either on the water in a boat, or on and around the water's edge for scenic walks and fishing. A third reason for our position is that the amount of trash and debris will be considerable, and, yes, will be the responsibility of the owners, not the County. The body of water is neither a pond nor a lake. It is a sediment structure that was built for the primary purpose of"catching" the mud and silt that would otherwise flow into Orange Lake. It was placed on this site, predominantly on Compton property, as a part of the building of Orange Lake in the mid-1970's. There were very specific guidelines and contractual agreements between the Comptons, other owners and the Federal Government, North Carolina, and Orange County concerning the use of this water. The agreement allows the use of the water for conservation purposes, for irrigation and for fishing from our side where we are responsible for any situations that arise. Several years ago, while Dwight was serving on the Board of Directors for Parks and Recreation, we made a concerted effort to make it possible for the County to build "walking paths" and to allow scenic walks and even fishing as a part of the proposed Greenway Project for Northern Orange. As the project was moving forward we "opened our gates" and allowed some fishing. It was a disaster from the start as we watched debris accumulate, grounds succumb to the tires of trucks and trailers, and, on a few occasions, we even dealt with a mishap on the water. We consulted out attorney and learned that we were vulnerable and that any one who was on the water from any location made us liable for any and all mishaps that occurred. Thus we express our concern for mishaps on the water from any and all locations from either side of the body of water. We are advocates for our County. We are firm believers in growth, but not when it places such a profound burden on us and our neighbor landowners of the Compton Pond that is described in the proposal for the new Northern Park that is here for your consideration. We are asking you to instruct the Recreation and Parks staff to remove any and all reference to the pond as a part of this proposal. We made our request known at the very first meeting with the community and the Recreation and Parks staff. After that meeting (where no one from the community listed the pond as a top priority for use of the park), the pond was not discussed. However, it appears again in the proposal before you tonight under the heading of Proposed Future Use of the Park. We ask that you remove it from the packet proposal here for your consideration tonight. Thank you, Dwight and Betty Compton 14 Commissioner Halkiotis said that he brought this issue up at the first meeting of the study group, and he supports the Compton's proposal. He said that he visited this site 18 years ago and it was built to catch the mud and the silt after heavy rains before it entered Lake Orange. He said that this is a structural best management practice designed for an engineering purpose and not a recreational purpose. He asked if anyone has done a survey to see the silt accumulation. Betty Compton did not know. Commissioner Halkiotis said that there is a pool in Hillsborough at the Triangle Sportsplex and the citizens need to support this pool where you can swim year round. Betty Compton made reference to page 15 of the abstract and the picture that is a visual of the dam overlooking the lake. She said that none of that is part of the County's property. Commissioner Jacobs made reference to the skate facility and said that it should be defined as to what kind of skating this does not include. He asked that there be a definition of the type of skating for the next presentation. He asked what is on the other side of the northern border. Dave Stancil said that it is a mix of 25-acre property that goes back to the water and fronts out on old NC 86. It is undeveloped. Commissioner Jacobs asked the staff to include a page with projected costs on each piece. He also asked about the Vincent House and Dave Stancil said that it is halfway deconstructed. Commissioner Jacobs asked about the far western border of property and what it might adjoin. He asked the County Attorney to look into what the County actually owns and what is the liability. Chair Carey agreed with Commissioner Jacobs and said that they owe it to future boards not to leave this hanging. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to receive the presentation, thanking the citizens for their efforts in creating the master plan, and ask staff to report back at a subsequent meeting with additional cost information (including projected operating and maintenance costs) and a site plan submittal, park timetable, and a legal report. VOTE: UNANIMOUS c. Presentation of Proposed Water Resources Initiative The Board received a presentation on a proposed initiative from the Commission for the Environment (CFE) entitled the "Water Resources Initiative". Dave Stancil said that in 1993, the County began to look at the County's groundwater resources. The group overseeing the initiative, the Water Resources Committee, issued its final report in 2001 before phasing into the Commission for the Environment. The Commission for the Environment was then asked to review the reports and discuss possible implementation recommendations that addressed groundwater. The proposal has three critical areas: - Droughts and Floods - Groundwater Contamination - Resource Evaluation, Public Service, and Education Within each of the focus areas, the Commission for the Environment has identified three possible implementation measures. These are listed in the agenda abstract. In each of the areas, the Commission for the Environment recognizes that there are different entities and different departments with an important role in water resources, such as Environmental Health, ERCD, Planning, County Engineer, and others. The Commission for the Environment met with the Board of Health in late February to discuss this. They plan to do the same with the 15 Planning Board and other groups. Dave Stancil introduced Dr. Charles Daniels, a member of the Commission for the Environment. Dr. Charles Daniels made reference to the issues of water resources that need attention at the County level. He said that these are issues that should not wait for federal or state governments to hire consultants to address some of these needs. The Commission for the Environment feels that something needs to be done in the interim to address floods and droughts proactively. The proposal is for an observation well network, which would assess the climatic affects addressing drought conditions in various topographical settings. They would propose approximately six sites scattered throughout the County. This would develop a forecasting capability and press releases could be put out so that citizens could conserve water. Base flow studies would also be helpful in management of surface water based supplies. Regarding groundwater contamination, radon is a concern because there are elevated levels of radon in the County. Commissioner Jacobs made reference to the observation wells and said that the County has already dug a well at the Nutter's farm. Regarding stream flows, even though we are not in a crisis situation with reservoir management in northern Orange, he would like to see a recommendation about how to address the Capacity Use Agreement between Hillsborough and Orange County and the State. This has been discussed since the drought in 2002 and nothing has changed. Commissioner Gordon asked about the most critical areas of the ones mentioned. Charles Daniels said that if he were to address two or three of the most important issues, one would be droughts affecting groundwater supplies; second would be floods and finding out about any new flood areas; and third, the radon issue. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to accept the report and adopt the proposed Water Resources Initiative in principle. Approving in principle means that the Board approves the Initiative but is not committing additional funding at this time. Chair Carey suggested approving the Manager's recommendation because it has no costs associated with it. He would like more information before he approves it in principle. Commissioner Halkiotis said that the Manager is not proposing any new staff this year, and if the Board approves this in principle with the understanding that there will be no financial commitment this year, he has no problem with it. Commissioner Jacobs said that he would be interested in seeing who else to recruit to work with the County on this. Possibly graduate students at Duke might want to do some research, and OWASA has done some research on radon contamination and so has the Board of Health. He encouraged staff to look into opportunities for grants. VOTE: UNANIMOUS 8. Public Hearinas-NONE 9. Items for Decision--Regular Agenda a. Approval of Twin Creeks District Park and Educational Campus Master Plan The Board considered approving a master plan for the Twin Creeks District Park and Educational Campus, reviewing additional information requested on April 14th, and authorizing staff to prepare a Conditional Use Permit Application to the Town of Carrboro for Phase 1 of the park. Dave Stancil said that on April 14th the Board received the report of the Twin Creeks Master Plan and Review Work Group, which included Commissioner Carey and Commissioner Gordon. The report proposed that the basic design stay as it was reflected in the fall of 2004, 16 and that the possibility of locating a BMX bike course to address the action sports interest within the Piedmont Electric Membership Corporation (PEMC) easement be reviewed. The Board also asked that the master plan be brought back tonight for adoption, along with some follow up questions from April 14th. All of the items are addressed in the attached staff memo. The staff has made contact with PEMC to talk about the possibility of a bike course within the easement. As a general rule, non-structural facilities are sometimes accommodated within these easements, but more elaboration from Piedmont is needed as to whether this fits into something acceptable. The Board can adopt the plan with the language about a "possible future site"without making a commitment, pending further discussion with PEMC. The concept of using the soccer superfund monies was also mentioned. These funds could be used to help with phase I of the park, which will include two full-sized soccer fields. There has also been an existing commitment at the West Ten Soccer Complex for soccer superfund monies. One concept is the idea of putting $650,000 earmarked to help build the two fields at Twin Creeks and the remaining $375,000 could be earmarked for West Ten Soccer Complex. Regarding phasing of the park, phase I is designed to get "the most bang for the buck" in terms of building facilities closest to the park entry to minimize infrastructure costs. He explained the trails that would be included in phase I. Regarding the CUP application to the Town of Carrboro, staff estimates that once a master plan has been adopted and authorization to prepare the application received, the application can be completed in 7-9 months. In terms of water and sewer costs, the vast majority will be from the schools, when they are built. The first phase will include a well to defer connection to OWASA service to a future phase. The initial need for expansion of OWASA water and sewer on the site would occur with the construction of Elementary School #10. The list of suggestions from Jay Bryan are attached to the memo, along with responses from the staff, as requested by the Board. The staff also identified a few minor modifications to address site utility and safety considerations. The first is to place the tennis courts together. The southernmost parking lot was aligned to the same side of the road as the playing fields so that people using the fields would not have to cross the entry road. Finally, pending further discussions about the possible farmstead buildings, there is a possible parks operations base. The recommendation is in five parts as stated in the abstract. Commissioner Halkiotis asked about the estimate of$1.8 million for phase I. He asked if the County Commissioners had seen these estimates and Dave Stancil said that they were mentioned in the staff report in January. Commissioner Halkiotis would like to see specifics because it seems that there is not much for$1.8 million. He asked if it included paving the roadway and parking lots, irrigating the fields, a pumping station, etc. Chair Carey asked about the length of the road and Dave Stancil said approximately'/4 mile. Commissioner Jacobs asked about the issue of Duke as a neighbor and if there should be discussions with them about timber operations. Dave Stancil said that there are several possibilities and one is the connector road that would extend north of Eubanks Road. The alignment brings it along the common boundary of Duke Forest up to Eubanks Road. The Duke Forest representative felt like they would be amenable to doing this, but there have been no formal discussions with Duke. Commissioner Jacobs asked Dave Stancil if he envisioned revisiting the BMX issue. Dave Stancil said that this may not be the only opportunity to address this, but it can be addressed in future phases. 17 Commissioner Jacobs thanked the work group that reviewed this. He made reference to the comments from Jay Bryan about the road access issues with the surrounding subdivisions. He suggested that the Planning Board Chair and the Chair of the Northern Transition Area be notified at their meetings about the road issues. Commissioner Jacobs said that if the County were going to allocate the soccer superfund money, he would rather allocate all of it. He said that he is disappointed because he does not think this project is really serious about walkability. Commissioner Gordon said that she supports the Manager's recommendations. She also thinks it would be a good idea to instruct staff to approach Duke University about the road and the buffers that abut their land. She suggested that this be point number six of the recommendations. Regarding the soccer superfund, she said that they only need to address point number four. She would like to see the pros and cons of what should happen to the rest of the superfund. A motion was made by Commissioner Gordon, seconded by Chair Carey to: 1. Adopt the proposed Master Plan (including the staff-recommended utility and safety modifications) dated May 3, 2005; 2. Authorize staff to begin the process of preparing the Conditional Use Permit application to the Town of Carrboro, utilizing the proposed Phase I as shown in the Master Plan (pending further discussion at the time of CUP application completion later this year); 3. Authorize the Chair to send a letter to the Town of Carrboro asking that the CUP application review process for Phase I of Twin Creeks Park be expedited; 4. Agree to earmark$650,000 from the Soccer Superfund to help construct Phase I of the park, and authorize staff to submit an application to the Parks and Recreation Trust in January 2006 (in an amount up to $500,000 to be determined later); 5. Take under advisement the citizen comments received and staff's review of those comments, for action at the appropriate time when park construction and future phases are discussed and approved. 6. Instruct staff to approach Duke University about the road and the buffers. Commissioner Foushee made reference to Commissioner Jacobs' comments about walkability and said that she agrees in principle. She asked how it could be moved forward with something different in terms of creating a better model. Commissioner Jacobs said that there is already an educational facility footprint at the bend in the river. This is closer to the subdivisions to the south. He thought this would be a good compromise. Chair Carey said that, as one of the members that served on the last workgroup, he thinks the workgroup took seriously the issue of walkability and the group included representatives from the schools. At the same time, the County Commissioners are telling the schools to think co-location and economies of scale and saving money in the long run. He thinks the schools and the other workgroup members decided to make some trade-offs. There was some degree of skepticism about a school in the bend and if there would be a high number of students walking to school. Commissioner Halkiotis asked Commissioner Jacobs to elaborate on his comment of allocating all of the soccer superfund monies. Commissioner Jacobs said that the staff did have a recommendation on page five. It seems to him that if the County and the OCS were in the process of addressing that land for soccer fields, it would be the logical next step. Commissioner Halkiotis said that the initial site preparation is already complete at West Ten. He wants to make sure that the County treats both sites equitably. He asked about the plan for irrigation at these fields. 18 Recreation and Parks Director Lori Taft said that$375,000 could probably finish the construction of two of the proposed six fields at West Ten, probably without the lighting. This would include the irrigation, with Bermuda grass, with fencing at the perimeter, but no bathrooms. For Twin Creeks, the $650,000 would build the two fields fully with lights. The additional $375,000, if applied to Twin Creeks, would not build two more fields fully. Commissioner Foushee said that Craig Benedict and Dianne Reid took her to visit West Ten today to look at the pre-graded fields. She asked, if they were not to use the $375,000 for that project, and if they delayed building the fields, how much would the costs increase. Lori Taft said that there would be an inflation factor. The overall project for the rest of West Ten is estimated at another$2 million. Commissioner Foushee said that she supports Commissioner Gordon's request to get more information. Commissioner Halkiotis said that when you are in the hither lands, you tend to be forgotten. He said that Efland has always been forgotten except that it is on a map, and at election time it becomes a popular place. He thinks that the County Commissioners need to send a clear message that the people of Efland are important and the fields need to be built because the people in Efland have just as much of a right to participate in soccer amenities as people in the southern end of the County. The land is already graded and the two fields should be built. It is already not going to be equal because West Ten fields will not have lights and the Twin Creeks fields will have lights. VOTE: Ayes,3; Nays, 2 (Commissioner Jacobs and Commissioner Halkiotis) A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appropriate $375,000 from the Soccer Superfund to build two fields at the West Ten Soccer Complex. VOTE: Ayes, 4; No, 1 (Commissioner Gordon) b. Legal Advertisement for May 23, 2005 Quarterly Public Hearing The Board considered authorizing submittal of the Quarterly Public Hearing Legal Advertisement for publication for the May 23, 2005 Quarterly Public Hearing, with the Planning Department proposing the addition of an approximate %2 page advertisement, which includes a color map to complement the text advertisement of the proposed Residential Density Zoning Text Amendments. Planning Director Craig Benedict made this presentation. There are two formal items and one informational item. The two formal items include an amendment to the Orange County Flood Damage Prevention Ordinance. The County has recently been reviewed by the State Emergency Management Agency in conjunction with the Federal Emergency Management Agency and they are suggesting some revisions to the ordinance. These amendments would approve the County's rating with the state and federal governments with regard to flood . insurance. The second item has to do with the Comprehensive Plan Land Use Element Update. This would be an initial meeting for this item and the more formal meeting would be in November when notice will be sent out to citizens. This item addresses changes in demographics that have occurred over the years. The legal advertisement would be put in two local newspapers—Chapel Hill Herald and the News of Orange—and put a color version of one of the options, which would have to do with the land use density in the rural areas of the County. He described the areas on a map. There will be no decisions made at this meeting. There would be another public hearing in 19 November and then it would be referred back to the Planning Board and the Board of County Commissioners in the early part of 2006 for formal review. The last item on the agenda is concerning rural enterprises and being able to promote activity in the rural and agricultural areas of the County. PUBLIC COMMENT: Allan Rosen said that he has been a resident of Orange County for 13 years. Since 2001, he has been on the Affordable Housing Advisory Board and he is developing a conservation neighborhood in Chapel Hill Township. He is speaking on behalf of a local nonprofit called The Village Project. Eight of the nine board members are residents of Orange County and they are a group of environmentally minded professionals with design, planning, and construction expertise. They are very concerned about growth, development, and environmental protection. He spoke about the process of having the first public hearing of the land use element in May. He thinks this is premature. He commended the staff for the outreach meetings. His board prepared two letters, and he distributed them to the County Commissioners. He said that they prepared this letter to strongly urge the County Commissioners not to hold the public hearings on the revision of the land use element until a complete revision is available for public review and comment prior to or coincident with the - publication of the legal advertisement. He summarized the letter, which follows: Re: Public Hearings on the Revision of the Land Use Element Dear Orange County Commissioners Carey, Foushee, Gordon, Halkiotis, and Jacobs: This letter is to strongly urge you not to hold Public Hearings on the revision of the Land Use Element until a complete revision is available for public review and comment prior to, or coincident with, the publication of the Legal Advertisement. According to tonight's agenda, you will be voting on whether or not to include Orange County LUE Update Text Amendments as part of the May 23, 2005 Quarterly Public Hearing. The Action Agenda Item Abstract reads in part, "Amendments, in the form of a complete re-write and reformatting to the Land Use Element are proposed. The purpose is to provide a complete update to the Land Use Element of the County's Comprehensive Plan to address changes that have occurred in the County since the Land Use Element was originally adopted in 1981 (emphasis added)." However, rather than presenting a complete re-write or update of the LUE, only two zoning text amendments are scheduled for public comment. While these amendments describe two of the five recommendations the planning staff presented in its recent outreach sessions, we do not feel that consideration of these amendments is warranted absent the context of the complete re-write or update. To do otherwise would undermine the degree of time and effort that county citizens and the planning department have put into this multi-year effort to comprehensively re-assess the existing LUE. For the past several years the Board of Directors of The Village Project has been following the initiative to update the Land Use Element of the County's Comprehensive Plan. Members of our Board attended the May 14, 2003 Joint Boards and Commissions Meeting and several of the Township meetings in March and April 2004. Additionally, we followed the County planning department's outreach to several county advisory boards early in 2005 and the series of community information sessions conducted in March 2005. Throughout this process the importance and contribution of citizen participation has been stressed, dating back to the Shaping Orange County Task Force and the Comprehensive 20 Plan Land Use Committee. Therefore, we urge you to postpone the LUE public hearing until such time as the complete re-write or update of the LUE, including "revised socio-economic and demographic data and goals, objectives, and policies" are made available— in full —for public review prior to, or coincident with, the publication of the required Legal Advertisement. Sincerely, The Board of Directors of The Village Project, Inc. James Carnahan, Chair of the Board of Directors of The Village Project, read a portion of his letter, which follows: Commissioners: In addition to the procedural reasons Allan Rosen gave for postponing discussion of the Land Use Element, there are substantive reasons to delay your consideration until we have a more comprehensive proposal. While we agree there are benefits to increasing lot size minimums in rural parts of the county, we disagree that there is cause to do this now. At the staff presentations much was made of projections that show that, at current permitted densities, rural Orange County would eventually build out to over 100,000 homes. However, at recent rates of permit issuance this would not happen for about 200 years. Even if the rate doubled, it would take a century to reach a suburban build-out that most of us would like to avoid. The urgency to downzone seems unwarranted in the face of other growth-related issues in the County that are both immediate and disturbing. In March the Economic Development Commission reported a significant drop over the preceding year in sales of homes priced under $160,000, highlighting what we already know to be a serious lack of work force housing in the County. The executive director of the Interfaith Council reported this spring that more than 5,500 Orange County households pay over 50% of monthly earnings for housing. We have been out of compliance with federal air quality regulations for a year. We have known for some time that, daily, 40% of Orange County residents commute out of the County to work while 40% of Orange County jobs are performed by non-residents commuting in. The Commission for the Environment Annual Report indicates that Vehicle Miles Traveled in the County has increased over 50% since 1990. These are a few indicators of patterns of land use that are not sustainable, economically, environmentally, or socially. The citizens who worked for several years on the Shaping Orange County's Future Task Force (SOCF) expressed a vision for a sustainable future for the County, and it has been our understanding that this comprehensive vision was expected to be the basis for the Update of the Land Use Element. The down zoning being proposed, by itself, will not implement this vision, and in the absence of other land-use and transportation strategies it will in fact undermine it, exacerbating both the emissions and affordability problems we are experiencing. In the absence of density transfer 21 and a Transfer of Development Rights capability, this down zoning is a recipe for more sprawling higher-cost housing. The Shaping Orange vision calls for focusing growth at suitable nodes— in the existing municipalities, transition areas, and at historic rural crossroads, but the current staff proposals hardly speak to this at all. In addition to the growth-receiving areas noted in SOCF, we would suggest that the Economic Development Districts that are planned to receive water and sewer also be targeted to receive residential growth in a truly walkable, mixed-use pattern. While some may be presently skeptical of the ability to provide water and sewer for compact development at the rural nodes, the Shaping Orange vision calls for a proactive approach at a time when suitable technologies appear to be well on the way. Mixed-use development at these nodes will bring significant transportation and air quality benefits for rural residents, and can have a mandated affordable housing component. The obstacles to accommodating future growth in the existing towns seem daunting to those of us who are actively involved in promoting more transit supportive densities in Chapel Hill and Carrboro. But to my knowledge, both as audience to the Land Use Element presentations, and as Chairman of Carrboro's Planning Board, there has been no formal involvement at all by the towns in the County's LUE process. In order to reverse the trend toward sprawl and un-affordability a comprehensive land use program is called for that downzones on/ywhen off-setting upzoning strategies are simultaneously implemented, and we urge you to table this matter until such a program has been fully developed by staff. James Carnahan Chairman for the Board of Directors of The Village Project, Inc. May 3, 2005 Commissioner Gordon said that it is interesting that these two citizens came forward because she was having similar thoughts about the process. She said that she was surprised that the zoning was on the quarterly public hearing. At this point, she thought that only the comprehensive plan might be ready to go to public hearing. She also agrees that the full plan should be available for the public to review. She does not think that the Orange County Zoning Text Amendments should be put out at this time. Geof Gledhill said that this is not going to be the legal public hearing for any of this. The legal one is for November. He understands that there is concern about having zoning amendments being proposed before the comprehensive plan land use element is available. Commissioner Gordon said that on the Orange County land use element updates, there should be some description of what it is. Also, the update of the rural enterprises project needs more description. Commissioner Jacobs asked about the map that would be put in the newspaper and Craig Benedict said that it was one of the six options that were part of the outreach process. Commissioner Jacobs said that he is torn about this because if he were not knowledgeable about this issue, he would think it was an advertisement for a rezoning of a whole part of Orange County to one unit per five acres. He thinks there were some valid points made about the process. 22 Commissioner Halkiotis agreed with Commissioner Jacobs that this is misleading. He said that the issues brought up by James Carnahan and Allan Rosen are interesting because the Board has been talking about walkability, sustainability, and maximizing the resources. Somehow, there is no connection between the issues. He disagrees a little about what Shaping Orange County's Future actually did, but he thinks the County should be very careful about this and look at all of the pieces to see how they fit before people see one map and go ballistic. John Link said that, as an alternative to the public hearing, they could talk about each of these options that have been discussed in the smaller area groups or speak to the prospects of each of the options of the comprehensive plan. He said that the community meetings have their place, but to get people's attention there needs to be an advertisement with the options. Chair Carey asked if the Board would like to table this. Craig Benedict said that this was a semi-formal notification and it was not the legal formality that is suggested in November. As an alternative, the advertisement could indicate that the County is strongly considering sustainable matters in the County (i:e., air quality, water quality, rural activity nodes) and have a meeting - not a formal meeting - but a discussion item, to pull together the people that have participated in outreach. Commissioner Gordon suggested that Craig Benedict come back on May 5th with a more complete notice on the Orange County Land Use Element Update and Text Amendments, and leave out#3, the Orange County Zoning Text Amendments, and then a more complete description of the update of the Rural Enterprise Pro�ect. The staff will bring back an update on May 5' to the Board of County Commissioners. c. Orange County FY 2005 HOME Program Action Plan The Board considered adopting a resolution approving the proposed HOME Program Activities for 2005-2006 and to authorize the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. Tara Fikes made reference to the draft for the 2005-2006 HOME Program and said that they have a total of$978,896 available in HOME funding. The applications amounted to a little over$1.2 million. The proposed plan programs just the $978,896 that is available. The recommendation reduces a total of three applications for funding for The Chrysalis Foundation for$100,000; Habitat for Humanity for$100,000; and the Inter-Faith Council for Social Services for$75,000 as an initial investment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the proposed HOME Program Activities for 2005-2006 and to authorize the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. VOTE: UNANIMOUS d. Implementation of 60-40 Capital Funding Policy The Board will determine which method will be used for implementing the Board's policy related to school and County capital funding. Commissioner Halkiotis asked for a quick summary of the letter from Lisa Stuckey from the CHCCS Board. Lisa Stuckey said that she wrote her letter on her own behalf. The school board has not had the opportunity to take up the question. She asked the County Commissioners to support option #2, which would eliminate the Cedar Ridge debt for OCS. She thinks that the 75/25 split for recurring capital matches up with the amount of square footage within both school districts and the County owned buildings. 23 Chair Carey asked if the staff has information on the square footage of each of the jurisdictions. Rod Visser said that it is included in the attachments. The County has about 408,000 square feet of space in 46 buildings. Orange County Schools has 1.2 million square feet in 16 buildings and Chapel Hill-Carrboro City Schools has 1.7 million square feet (exact number of buildings not available). Commissioner Jacobs said that there is also a letter from OCS. He said that he couldn't imagine analyzing these options tonight and voting on this within the next five minutes. He said that OCS is talking about supporting a permutation of 5-C, which is different from option #2. He would like to have time to read the materials and make an informed decision. He would like to see some recommendations from the staff on the list of questions. He would like to see the staff's take on the options. John Link said that he could give an opinion tonight. Commissioner Jacobs said that he could not square that with the letters that he has not read yet. Commissioner Halkiotis agreed. Commissioner Gordon said that one of the things to be decided is the use of restricted versus unrestricted revenues. The public school building fund and the impact fees are restricted revenues which are only to be used for the schools. She said that the new options mix them in with the general capital funds so that the restricted and unrestricted revenues are together. She has a stronger objection to doing this with the impact fees. She would like to see the restricted revenues used like they are in the current policy, and then see what the resulting revenue differences would be in the new 60/40 capital funding policy. John Link said that the rationale for including those funds that are designated to pay for new construction of schools is that they put the impact fees and the state school funds on the top in terms of pursuing simplicity. The simplest way to address this is to use the monies for debt for new construction. This is a policy change-for impact fee revenue. Options 2 and 4 address removing the burden of paying the debt for Cedar Ridge from the OCS. He recommends that the Board narrow it down to option 2 or 4. After that, the second option still retains the three cents for school systems and the one-cent for the County recurring capital. Option 4 changes this to the 60/40 split. Option 4 most clearly reflects the 60/40 policy. He made reference to page 5 of 9, and said that Orange County government receives $9 million more over the ten years than it would under option 2. He recommended that the Board narrow the options down to 2 or 4. Rod Visser said that another piece of the rationale for putting the public school building fund up front for debt service is the past experience with the Governor sequestering the money for public school building funds. The second piece of information relates to impact fees and that they need to be used to pay for construction of new school space. He pointed out that after middle school #3, OCS will not need any new construction for the next ten years. Any impact fees that accrue to the OCS over the next ten years, if they are not spent in debt service, will sit there unspent because they cannot be spent on anything else. The rationale was to use the impact fees for debt service on new school space for OCS. Then they did the same for CHCCS. Commissioner-Gordon said that this is not any simpler. What happens is that more money goes to the County and less money goes to the school systems because now the County is using restricted revenue (impact fees)to pay debt service. She does not think it is fair to the school systems to use restricted revenue this way. Commissioner Halkiotis said that he needs more time to study this. He suggested moving this to the front of the work session on May 5th, even if it starts an hour earlier. Commissioner Jacobs pointed out that most of the County buildings are older buildings, so he would like to see dates on buildings. The Board agreed to consider options 2, 4, and the option described in Superintendent Carraway's letter on May 5 th, as well as the funding for High School #3. 24 John Link said that staff would come back with responses to the question sheet and the assumptions. Commissioner Jacobs agreed with Commissioner Gordon that the capital funding policy should be written out , or at least written with blanks to fill in. e. Chapel Hill-Carrboro Board of Education Request for Additional Fundina for High School #3 Construction The Board was to consider a request from the Chapel Hill —Carrboro Board of Education to provide additional funding to increase the project budget for the construction of the third CHCCS high school by$7,534, 200. DEFERRED to May 5th f. Draft 2006—2012 State Transportation Improvement Program (STIP) The Board was to receive information regarding the Draft 2006-2012 Transportation Improvement Program (TIP)for Orange County and direct staff regarding comments. DEFERRED g. Appointments (1) Hillsborough Planning Board—One New Appointment The Board was to consider making one new appointment to the Hillsborough Planning Board. DEFERRED (2) Agricultural Preservation Board —One New Appointment The Board was to consider making one new appointment to the Agricultural Preservation Board. DEFERRED (3) Affordable Housing Advisory Board (AHAB)—One New Appointment The Board was to consider making one new appointment to the Affordable Housing Advisory Board. DEFERRED (4) Commission for Women— New Appointments The Board was to consider making appointments to the Commission for Women. DEFERRED (5) Human Services Advisory Commission (HSAC) —Three New Appointments The Board was to consider making appointments to the Human Services Advisory Commission. DEFERRED (6) Human Relations Commission—One New Appointment The Board was to consider making one new appointment to the Human Relations Commission. DEFERRED 10. Reports-NONE 11. Closed Session-NONE 12. Adjournment 25 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting until Thursday, May 5, 2005 at 6:30 p.m. at the Southern Human Services Center in Chapel Hill. VOTE: UNANIMOUS Chair Moses Carey, Jr., Donna S. Baker Clerk to the Board