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HomeMy WebLinkAboutMinutes - 19950321 1 APPROVED 3 f 21 / 9 5 MINUTES MARCH 21, 1995 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING The Orange County Board of Commissioners met in regular session on Tuesday, March 21, 1995 at 7:30 p.m. in the meeting room of the OWASA Operations Center, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser and Clerk to the Board Beverly A. Blythe (Other staff members will be identified appropriately below) I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey announced that 108 is the maximum number of people permitted in the meeting room. He asked that all others please move to the adjacent room. He added an appointment to the Human Services Advisory Council as distributed and removed from the appointments those listed for the Orange County Board of Adjustment. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILES IN THE CLERK'S OFFICE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that citizens who have indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey read the public charge. III. BOARD COMMENTS - NONE IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR ORANGE COUNTY SENIOR GAMES A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim April 20 to May 4 Orange County Senior Games Events Days as stated below: PROCLAMATION FOR THE ORANGE COUNTY SENIOR GAMES WHEREAS, According to recent population figures, there are more than 15,000 persons over 55 years of age in Orange County; and, 2 WHEREAS, Orange County is concerned about the health, fitness and social well-being of its mature adult population; and, WHEREAS, Orange County Senior Games provides a special opportunity for mature adults to grow positively in the areas of health, fitness and social well-being; and, WHEREAS, Orange County would like to encourage local businesses and citizen support and participation from County residents age 55 and older; NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April 20 - May 4, 1995 as "Orange County Senior Games Events Days" and encourages citizens age 55 and over to participate. VOTE: UNANIMOUS B. COUNTY GOVERNMENT WEEK A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim April 2 to April 8 as Orange County Government Week as stated below: PROCLAMATION FOR ORANGE COUNTY GOVERNMENT WEEK WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have encouraged citizens across the state and the nation to learn more about county government's role in our lives; and WHEREAS, Orange County government has served the citizens of the County since 1752 and places its emphasis on addressing citizens concerns and needs; and WHEREAS, The elected and appointed officials of Orange County take pride in serving the citizens in the County; and WHEREAS, Orange County is on the forefront of many issues critical to both our state and nation, including health care, child and elder care, environmental protection, social services, job training, emergency management services, drug and alcohol abuse treatment, law enforcement, water and sewer services, and library services; and WHEREAS, In a recent Gallup poll of U.S. citizens' attitudes toward federal, state and local government, individuals said that local governments gave the most for the money and spent tax dollars most wisely; and WHEREAS, The theme for National County Government Week is "Children's issues" and Orange County recognizes that our children. are the county's most valuable resource; and WHEREAS, Like our children, America's counties are America's future. NOW THEREFORE, We the ORANGE COUNTY BOARD OF COMMISSIONERS, do hereby proclaim the week of April 2 - 8, 1995 as Orange County Government Week and , further encourage all citizens to become familiar with the services provided by Orange County government. VOTE: UNANIMOUS VII. PUBLIC HEARINGS A. PUBLIC HEARING - PUBLIC SCHOOL IMPACT FEE This item was presented so that citizen comments could be received. 3 A summary of the proposed amendments is listed below: 1. Amend Section 3, School Impact Fees Imposed on New Residential Dwelling Units, by increasing the amount of the public school impact fee from $750 to $1,000 per residential dwelling unit. 2. Amend section 4, Public School Impact Fee Exceptions, subsection 4, to include exception provisions for replacement units. 3. Amend Section 4, Public School Impact Fee Exceptions, subsection 6 to include text format changes. 4. Amend Section 5, Collection of Fees, subsection C, Limitation on Expenditure of Funds to reflect changes to the enabling legislation which permit impact fees to be used for debt service payments and payments under leases; and extend the time frame within which impact fees must be expended from five (5) years to 10 years from date of collection. 5. Amend Section 5, Collection of Fees, subsection E, Reimbursement of Fees, to add a provision to permit reimbursement of fees collected in error or where an exception has been granted. Commissioner Willhoit noted that a majority of the Commissioners are in favor of using a sliding scale instead of a flat fee for impact fees. However, because of other priorities and the time involved in updating the technical study, the Board decided to hold a public hearing on a flat fee increase. He has talked with the Planning Director and would like to suggest that the County hire interns to gather all the data necessary to implement a sliding scale for the impact fee. The County Commissioners agreed with this suggestion. NOTE: STATEMENTS SUBMITTED IN WRITING WERE RECEIVED FROM THE FOLLOWING: William C. Harrison, Harvey A. Goldstein, PTA Council of Chapel Hill-Carrboro, Betsy Spaulding, Susan Cheng, Utah-Money Magazine, Alan Belch, Charles Zimmeril, Ken Broun, Patrick Mulkey, Robert P. Foley, Peter Morcombe, Sherry T. Jones, and John Reinhard. These are on file in the Clerk's Office. Also, 31 people signed a list indicating that they attempted to attend the meeting at the OWASA Building concerning school funding. However, they were not permitted into the conference due to overcrowding. That list is in the permanent agenda file in the Clerk's Office. PUBLIC COMMENTS KEN TOUW, representing the seven-member Chapel Hill-Carrboro School Board, said that the School Board supports the impact fee as one revenue source to help meet the need for additional classrooms. The Board supports an increase in the fee to offset some of the impact of student growth on long- term residents. He said that the rate of growth and overcrowding has affected the ability of their school system to deliver quality education which has put the children on a sliding scale because of the rapid growth. He feels that a fee based on a sliding scale is justified by the technical report and a fund to offset affordable housing would be supported by the School Board. He feels they cannot afford not to increase the impact fee. 4 BOB FOLEY, 13-year resident of Chapel Hill, said that with the influx of some 360 students per year from year 1990 to 1995 and the inadequate rate of new school construction, the present facilities are being utilized over the design capacity. At the start of the school year at Ephesus School, where he and his wife tutor, there were 634 students. As of this week, there were 686 students. They have five trailers and classes are being held in the library and the lunchroom. He said that with this growth, the system needs a new school every two years to avoid overcrowding. He feels that an objective and careful examination of the true impact of new home construction on student population needs to be done. He urged the County Commissioners to meet with the governing boards of Chapel Hill and Carrboro and the School Board and officials to measure the level of overcrowding, agree upon a forecast of student population growth to the year 2002 and establish a realistic building program. He asked that the County Commissioners hold a public hearing to hear public comments to arrive at a new impact fee that accurately reflect the costs of school construction. RAY TROUTNER said that the High School is 25% over capacity. He feels his son is being shortchanged on his education. His life and health are at risk and his well-being is held in jeopardy. He feels that overcrowding changes behavioral patterns. It is an established fact that no school system in this country has ever been able to attain its proper goal which is the education of the children unless growth is balanced within the community. In this county, all of the growth is residential. This area must be open to commerce, business and clean industry which is the major portion of the tax base. He noted that residential tax base will not support a school system in the short term. He urged the County Commissioners to address the real problem and establish a tax base which will support the schools. SHERRY T. JONES, 25-year resident with a husband who commutes 90 miles a day and a daughter who is a fifth grader, made reference to the Money Magazine article about the area being one of the top five best places to live in the country. She asked that all the governing bodies and the builders pull together and work on this problem. They are behind and must catch up. She supports the increase in the impact fee. She feels the sliding scale is important as well as the affordable housing issue. They have a $3,000 fee for water and sewer hookup and a $750.00 for schools. She supports an increase in the impact fee. DENNIS ALWON agrees with what the other speakers have said. He is an electrical contractor and while he benefits from the houses being built, he feels that the impact fee must be increased. The increase to $1,000 will not touch what the schools need. If the fee is a burden on builders who build 40 houses at a time, maybe they can pay the impact fee when they sell the house rather than at the permit time. LIVY LUDINGTON asked that the Board be especially careful with what is happening with the schools. They are beginning to realize that this is a crisis situation and crisis management is not the way to go. All the schools in the Chapel Hill-Carrboro system are overcrowded to the point that they are losing the quality they had. The Stop Overcrowding Schools (S.O.S.) organization urges all citizens to work together on this problem. They feel 5 these impact fees need to be substantial -- $1,000 is not close to what they need. There are many concerned parents and teachers who want this impact fee to be increased and the County Commissioners have their support if they want to make this fee higher. They are willing to pay for the growth. A bond referendum will probably be needed very soon. A number of things will need to be done because of the numbers coming into the school system. LISA STUCKEY, President of the PTA at Seawell Elementary School, made reference to a letter she wrote expressing their concerns about overcrowding in the Chapel Hill-Carrboro schools. They support increasing the impact fee to $1,000 as a first step in addressing the problem of overcrowding. At Seawell they have 701 children in a building designed for 500 and expanded to hold 600. They anticipate a similar increase next year. She feels that the community must begin to address the problem now and since funding for the schools is primarily a County responsibility, they look to the County Commissioners for leadership. They ask that the Board explore other options including ways taxpayers living in the district can generate funds for the schools. MARY BATSMAN, resident of Chapel Hill for 8-1/2 years with three children, said that she support an increase in the impact fee. DAVID ADAMS, parent of two children with a wife who is a substitute teacher, presented data that demonstrates the magnitude of the development problem and the capacity problem. He presented slides which are in the permanent agenda file. He pointed out that the nature of development has changed dramatically in this area. He showed the number of units which have already been approved with some under construction. There are 44 projects in Chapel Hill and 13 in Carrboro with 16 developments in his school district. He noted that many of the children are out of school continuously with health problems which is not a function or caused by the overcrowding but it doesn't help. He showed the capacity projections out to 2004 for each school system. The elementary schools will be overcapacity for the foreseeable future. He feels this is a major problem. He said he supports the impact fee and asked that the Board make it a substantial increase. MATTHEW BARYON, parent of one child in school, made reference to the technical report used in 1993 developed for the basis of the original impact fee. S.O.S. has analyzed the report and he presented information on overhead slides. He presented a spreadsheet they developed to duplicate the calculations done in the technical report. He focused on what has changed since the report was written. He presented bargraphs showing the state average building cost per square foot for building a new school in 1993 was $68.00. In 1995, the state Department of Public Instruction projects this figure to reach $88.00 per square foot or 25o increase in 2 years. The second graph showed the number of students brought into town per 100 new units of residential housing. In the technical report, the 1990 census data was used which included all residents and showed 30 students per 100 units. The Town of Carrboro just did a survey and developed a figure of 68 students per 100 dwelling units. S.O.S. has done a survey of four more developments which indicate 100 students per 100 dwelling units. The third graph showed the number of schools needed but not funded at the time the technical report was 6 done. He developed an estimate of the identified need for school capital construction of $9374 per residential dwelling unit which is built. The S.O.S. position on impact fees is that they would like the County Planning office to research the current figures and issue an annual update to the technical report. They ask for a sliding scale, and believe that the impact fees for the Chapel Hill-Carrboro district should be calculated separately from the Orange County district because Orange County Schools are not experiencing rapid growth. He feels the fee should be set at a reasonable and substantial level and ask that all sources of revenue be considered for additional schools. PEGGY BROOK yielded her time to Harvey Goldstein. HARVEY GOLDSTEIN, President, PTA Council for Chapel Hill-Carrboro Schools, presented a position statement on the impact fee that was recently unanimously approved by the members of the Chapel Hill-Carrboro PTA Council. In summary, the PTA Council supports raising the fee to an average of at least $1500 per dwelling unit, but allowing for effective exemption of units built for low-income residents so as to not inhibit the availability of affordable housing. They also feel that tying the fee to the size of the unit would be consistent with the requirement that the magnitude of the fee be related to the impact since there is a significant relationship between size of unit and number of school age children. KAREN CASEY, parent of five school age children and resident of Heritiage Hills, said that the district has grown with amazing speed. She talked about the overcrowding conditions at Frank Porter Graham. She has noticed a lot of new development and would like to have the peace of mind of knowing that the schools will not remain overcrowded. She asked that the Board do something for all the schools in Orange County and the students who attend them. FRANCINE BLOUIN asked that the County move on to solve the problems by increasing the impact fee to a reasonable level for the school building fund. She noted that the cost of the impact on schools is $9,000, yet the fee is set at $750. She asked that the Board start planning for new schools to accommodate the children who are already here and for many more that will come. DAVID C. HURLBERT spoke against the impact fee -- not against money for schools. He feels that the community, as a whole, should pay for new schools. The impact fee shifts the burden to new homeowners including. those who are lifelong residents and want to move from renting to owning. He feels that a bond referendum is a fairer way of paying for schools. JIM MCQUAID, father of two elementary school children, stated that there is a wide range of people in the school system as well as a wide range of students with individual needs. There is also overcrowding which can make a great teacher exhausted and a good teacher ineffective. He feels children do not receive the attention they need or deserve. He feels the schools can be run more efficiently but children need to be put first. He feels everyone is responsible for all the children in the community. He asked that the Board find an equitable way for growth to serve the community and the children. VICKI BOYER, President of the McDougle Middle School PTA, feels that it is time for everyone to prepare for the growth that is here and is coming. She feels that whatever needs to be done should be done. She feels that new buildings are needed. Lincoln Center cannot be used because it has asbestos that would need to be removed. Other schools are running out of land on which to put trailers. The PTA at McDougle would prefer to see the establishment of a governmental mechanism that ties approval of new development to the availability in the schools. They support the increase in the impact fee. SAMUEL HOLTON, former member of the Chapel Hill-Carrboro School Board, said that 1000 homes will provide $1,000,000 in impact fees with the fee set at $1,000 per dwelling. Anew elementary school to serve the 500-600 children these 1,000 homes would produce will cost $12,000,000. Therefore, he feels the sliding scale is the best way to administer the impact fee. He feels that the capacity for new elementary schools should be 400-550 -- not 600. He noted that when the new elementary school opens, the system will still be two elementary schools short. He feels that overcrowding means less space for other activities, including tutoring. WAYNE PARRISH, representative of the Homebuilders Assoc. of Durham and Orange Counties, said that they are concerned about good schools as well as affordable housing. The Association feels that the fee is unreasonable and is actually a tax. He asked that the County Commissioners look at other alternatives. He mentioned HB502 which will pass the burden of growth to the entire community. JACK IMPERIALE, builder with two children in the school system said he is in support of a better school system but not in support of increasing the impact fee. What is needed is a larger commercial tax base. Of the last five homes he sold, only one had children, although all had to pay the impact fee. He asked that the Board look at HB502 which would put the burden on the entire community. WOODY CLARIS spoke as a representative of the Homebuilders Association. He feels the tax discriminates because this fee is passed on to the homebuyers. He feels the cost should be paid by all citizens through property tax or sales tax. He agrees that commercial development needs to be brought into this community. JOHN REINHARD, parent of three children in the Chapel Hill-Carrboro district, asked that the elected officials plan wisely, spend money wisely and be honest in how monies are generated. The problems are difficult and the answers are not easy but the County cannot afford the same old solutions but must go beyond the more money answers. He asked that Chapel Hill-Carrboro schools use zero-based budgeting, turn the day-to-day operations over to the school governance councils, and turn the former Lincoln High back to a school, if only for a short while. He feels that the reason they are out of money is not that they are taxed too little but that the local school board spends too much. GLORIA FALEY, member of SOS with two children in the schools, emphasized that the district has a reputation for good schools and is drawing 8 a crowd of new homebuyers. She asked that all people who support increased fees assessed on a sliding scale to stand up and also those who support planning that deals with the impact on the schools to stand up to show the overwhelming support by the audience. She asked that the Board stand with them and set substantial realistic impact fees, require developers to take responsibility for the schools that they impact, form an assembly of governments to plan for the future of schools, and provide for a school system that grew by 17~. JUDY MARGOLIS said that the overcrowding in the schools is seriously compromising their children's education. The average homeowner pays $3,094 in water and sewer hookup. She asked that the Board help with creative solutions. BARBARA DONDIADIO, parent of a child at Seawell Elementary School, said her concern is with the overcrowding and its effects on the quality of education. She stressed the need for quick planning for more school expansion and the Board's visionary leadership. DEBBIE WAHLEN, mother of two young children and active in the PTA and a member of the SOS Steering Committee, stated that children are the very future of this community. SOS strongly believes in the value of quality public school education and will work hard to ensure that the community continues to support its schools. She asked that the Board increase the impact fee and begin planning for the three major construction projects -- a new elementary school, a new middle school and a major addition to the high school. She feels that impact fees alone cannot pay for the schools. SOS feels that growth will occur and they urge all government officials to work together to insure that growth is well managed and that mechanisms are in place to insure that the infrastructure keeps pace with growth. They believe that schools are the most important part of this infrastructure. The reputation of good schools is one of the key factors driving new residential development. JIM ROSE, parent of two children and a tutor, stated that most children he tutors are doing rather well. What they need is individual attention and they are not getting it because the classes are too large. It seems to him that a reasonable approach when trying to raise extra money to put more teachers in more classrooms is to raise the impact fee. NANCY SALMON pointed out that one quick fix is that the impact fee does not need to be the same in both school districts. The impact fee needs to reflect the need which is greater in Chapel Hill than it is in Orange County. She said that the impact fee could be left at $750.00 for Orange County Schools and increased for Chapel Hill-Carrboro to $3,000. This is an emergency and must be addressed with the mechanisms available. ALLEN BELCH, member of Putting Children First, said that there is a crowding problem in the schools. The overcrowding situation was addressed last year with a redesign option that PCF put forth to both the School Board and the County Commissioners. This option would have delayed the building of a new high school and redistributed those funds to expand the existing school 9 and to build a simplified designed elementary school,. The expanded space at Chapel Hill High could have been turned into a middle school in the future and the land purchased for the high school could be used later when a new high school is needed or be used for a desperately needed elementary school. This plan was not considered and bids far exceeded the available money causing significant cuts in the design leaving a school that many will find inadequate when complete. He feels that increases in the impact fee will not provide enough money to build additional schools. PCF recommends the following: (1) Hold the impact fee at $750.00 (2) Use all political and legal influence to have the Chapel Hill- Carrboro school system fully implement the recommendations of the Panessi Report, thereby saving anywhere from one to three million in overhead and administrative costs each year. (3) Immediately appoint a committee to study school standards (4) Demand zero-based budgeting in program accountability in the Chapel Hill-Carrboro City Schools. After the school system has demonstrated fiscal responsibility, submit a bond issue to the voters and accelerate the proposed building program to prevent the projected overcrowding. (5) Fund new schools through bond issues and not certificates of participation. PETER MORCOMBE expressed a concern about the overcrowding in the schools. In Putting Children First, they care about education. He feels the proposed impact fee is not sufficient to meet the financial needs. Raising property taxes by an amount to solve the problem will face massive opposition from certain sectors of the community. The only viable option is to reduce cost. Last year the Chapel Hill-Carrboro school system threatened to cut certain programs unless taxes were raised. The Orange County Commissioners refused their request. He asked that the Board demand more creativity. There are ways tv save large sums of money without affecting instruction or successful programs. He listed some of the salary cuts that were made in Durham County for their administrative staff. By cutting administrative positions that are not needed, the system will save salary, fringe benefits, office space, etc. He feels it is time for Neil Pedersen to work on a similar list. LOUISE COLE, mother of six children, said that it is impossible to get enough money from the impact fees and the certificates of participation have been used for the next ten years. She complimented Commissioner Halkiotis for showing how two or three elementary schools could be built for what they paid for one elaborate school. She feels that a message of mismanagement and mistrust has been sent out to the community. She praised Commissioner Gordon for her suggestion that the schools develop more cost-effective building plans by appointing a committee with representatives from the two school systems. She supports the forming of this committee. She feels there is no accountability for the 40 million dollar Chapel Hill-Carrboro budget. She made reference to the Panessi report which stated that one to three million could be saved from overhead costs. She is asking that the school board cut their budget by five percent to pay for the schools that are needed and show the taxpayers that they are willing to invest in the future of all children. The most important part of the Panessi report is the zero-based budgeting that begs the accountability necessary to show where the money is going. She asked 10 that the County Commissioners recommend to the Chapel Hill-Carrboro schools that they fully implement the recommendations of the Panessi report and help eliminate overcrowding. She stressed creative solutions and noted that charter schools would completely eliminate the overcrowding in the Chapel Hill-Carrboro City school system. NOTE: AT THIS POINT IN THE AGENDA, THERE WAS A FIVE MINUTE BREAK BEFORE REPORTS A & B WERE HEARD. PUBLIC COMMENTS CONTINUE BELOW. JOE CAPOWSKI, speaking as a private citizen, asked that the County increase the impact fee from $750 to $1, 000 and borrow money to build the necessary schools and pay for them from the district tax. This way, the ones who benefit will be the ones who pay. DAN COLEMAN spoke on behalf of the Orange County Greens. They support increasing the impact fee and feel it should increase relative to the cost. They support a sliding scale and a property tax credit for affordable housing. ALEX ZAFFRON supports a sliding scale on the basis of square footage. He asked that the Board be sure that the emphasis is there to be sure that any kind of levy placed on new development does not exclude a group of people from living in this community because of their socioeconomic status. He feels that public education is a system designed to meet the needs of all people regardless of income. He suggested that the Board try to put together another structure or system to offset the impact fee on low and moderate homebuyers in the form of a homestead opportunity credit which would be applied to the property tax for the first or first and second year of homeownership for people who purchase homes who fit into the category of affordability. He distributed a statement from the Affordable Housing Coalition of Orange County which supports the positions stated above. MARK MARCOPLOS talked about his own personal situation. He lives in a mobile home and hopes to build a house in the future. They home school which saves the. school system $9,000 - $15,000 by teaching their children at home. He feels there is a flaw in the system. He talked about the new McDougle School and feels there is waste in the structure of the school which is not energy efficient. He would feel better about paying an impact fee if the schools were built more efficiently. He would like to see a commitment to the taxpayers of this County to cut some of the costs which are obvious and take advantage of the gold mine that energy efficiency can provide. KEITH COOK spoke as a private citizen saying that he does support the increase of up to $1,000 for the fee because they in northern Orange need to increase the capital they have for schools. People come to this community for the quality of life and quality of education. He is not in favor of a fee higher than $1,000. If it goes higher, he favors separating the northern part of the County from the southern part. He wants to be sure that those individuals that fall under the 60% of medium income are exempt from the fee. He suggested that the School Boardsand the Planning Department communicate so they know where development will occur. KEITH ALDRIDGE, Chair of the Orange Community Housing Corporation, does 11 not favor impact fees because of the impact they have on housing in general. However, since there is already an impact fee and it may be increased, he suggested how it should be administered. He feels there should be a clear policy on who should get relief from the impact fee. Also, he feels there should be a waiver, not a reimbursement, for low income housing and that the waiver be extended to individuals as well as organizations. BOB REDA, President of the Chapel Hill Alliance of Neighborhoods, stated he moved to Chapel Hill because of the quality of schools. He asked that the County Commissioners look at the community as a resource and provide the leadership necessary to make the decisions that will solve the overcrowding problem in the schools. There is support in the community for an increase as shown by the citizens who have spoken this evening. ALLEN SPALT talked about zero period classes at the high school as a way to alleviate the overcrowding. He feels the quality of the education has substantially suffered because of the overcrowded conditions. He talked about another community that experienced similar growth who implemented a $3400 impact fee to build new schools. He feels that what the County needs is a balanced way of financing the schools. While the impact fee is not the only answer, it is clear that new development is causing the largest portion of student growth. He supports an impact fee with a sliding scale and other features to help avoid the burden on low income families. He asked that the Board come up with a formula to include impact fees, bonds, property taxes, whatever it takes to provide the needed facilities. ANTHONY LOFTUS emphasized that criminals are being let go because of overcrowding jails. The judges feel it is cruel and unusual punishment to make them go into an overcrowded situation. However, children are being kept in overcrowded schools with less concern .for them. He talked about overcrowded conditions in New York. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Chair Carey said that this item will be placed on the next agenda for consideration by the County Commissioners. Commissioner Halkiotis asked that the County Attorney look into the possibility of the County doing a moratorium on development. He feels that developers are not paying their fair share. B. 1995-2000 CAPITAL IMPROVEMENTS PLAN No presentation was made. The public hearing was open for citizen comments. Keith Cook, Finance Chairman of the Orange Community Housing Corporation, made reference to a letter sent to the County Commissioners on March 8 asking that money be allocated to help purchase property for affordable housing opportunities. They have requested that $50,000 be set aside for purchasing 10 lots in Efland for affordable housing that they will build. They want to offer some good faith money for the property to hold it until the HOME grant or the CDBG grant becomes available. This item will be placed on a future agenda. 12 VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to approve those items on the Consent Agenda as listed below: A. SMART START AWARD - DENTAL PROJECT The Board accepted as a grant project ordinance a $32, 890 grant award from the Orange County Partnership for Young Children (Smart Start). B. BUDGET ORDINANCE AMENDMENT #9 The Board approved the proposed budget ordinance amendments and ca ital roj t di p p ec or nance as listed below: GENERAL FUND Source - Intergovernmental $ 30,577 Appropriation - Human Services 30,577 (To budget for State reallocation of day care funds) Source - Intergovernmental 8,778 Appropriation - Human services 8,778 (To budget for ED/MTAP funds) Source - Miscellaneous Revenue 2,500 Appropriation - Human Services 2,500 (To budget for Library donations) FIRE DISTRICT FUND Source - Appropriated Fund Balance 6,865 Appropriation - Orange Rural Fire District 6,865 (To appropriate fund balance for engine repairs) EQUIPMENT AND VEHICLES PROJECT CAPITAL PROJECT ORDINANCE Source - Transfer from County Capital Reserve Fund (1992-93) 295,300 - Transfer from General fund (1993-94) 391,615 - Transfer from General Fund (1994-95) 465,229 - Intergovernmental (1992-93) 32,935 - Intergovernmental (1993-94) 4,688 - Intergovernmental (1994-95) 131,129 - County Capital Fund Balance 10,000 Appropriation - Equipment and Vehicles 1,330,896 (For purchase of County-owned vehicles and major equipment) C. PROPERTY TAX REFUNDS The Board approved the following tax refunds: NAME ACCOUNT NO. AMOUNT Parker, William E. Etal 151474 $ 517.82 Durham Gerry Watson 13645 192.88 Sylvester Ross 183926 202.23 Centura Bank Leasing A75402 136.18 Annie C. Wilson 171500 319.55 Edith Lyons 25657 1,053.40 Urban Associates of NC 194437 1,275.38 Hill, Frances 188450 139.13 Lindsey R. Poteat 183525 496.48 GECAL A44271 230.72 13 Jarman, Kimberly J. A72270 81.72 Cox Geoffrey Hunt A56664 124.91 D. PERSONNEL ORDINANCE REVISION - TRAINEE APPOINTMENTS The Board approved as presented and amended the revisions to the Orange County Personnel Ordinance sections covering "Trainee Appointment" and "Salary of Trainee" which support the appointment of an Environmental Health Specialist Trainee in the Orange County Health Department. E. APPOINTMENTS The Board approved the following appointments: HUMAN RELATIONS COMMISSION Rev. Robert Seymour for a term ending December 30, 1996 RECREATION AND PARRS ADVISORY COUNCIL Patrick H. Mulkey for a term ending March 30, 1998 Andrew Joseph for a term ending March 30, 1996 HISTORIC PRESERVATION COMMISSION Todd Dickinson for a term ending March 30, 1998 Carl Lloyd for a term ending March 30, 1998 CARRBORO PLANNING BOARD Tom High for a term ending February 1, 1998 Henry Richardson for a term ending February 1, 1998 ORANGE COUNTY BOARD OF ADJUSTMENT These appointments were removed from the agenda and will be considered on a future agenda. HUMAN SERVICES ADVISORY COMMISSION Chris Gurley for a term ending March 30, 1997 F. MINUTES The Board approved the minutes for December 10, 1994. G. COUNTY AUCTION 1995 The Board approved the resolution as stated below to include the revised surplus list as distributed: WHEREAS, Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County NOW, THEREFORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list on April 8, 1995. The auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, hiahest bidder basis. the .auction will be conducted by Crawford's Auction Service. FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do 14 hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioners to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in inventory. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. CONTRACT WITH U.S. GEOLOGICAL SURVEY - WATER RESOURCES STUDY A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to approve and authorize the Chair to sign a contract with the U.S. Geological Survey for a water resources study as budgeted in the 1994-95 Water Resources project budget. VOTE: UNANIMOUS B. BOARD OF EOUALIZATION AND REVIEW SCHEDULE A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to approve the appointment of Commissioners Halkiotis and Crowther to the Board of E & R and to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW WHEREAS, pursuant to North Carolina General Statute 105-322, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County; and WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322; and WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a special Board of Equalization and Review and by this resolution provide for the membership, qualifications, terms of office and the manner of filling of vacancies on the special Board of Equalization and Review; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The special Board of Equalization and Review of Orange County is hereby created. 2. The Orange County special Board of Equalization and Review shall consist of 3 regular members, each to serve for a term beginning on the date of appointment and continuing until this resolution is rescinded or revised. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization 15 and Review shall be a resident of Orange County and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In addition the Board of Commissioners of Orange County, in selecting members of the special Board of Equalization and Review, may consider: a. The length of time a candidate has resided in Orange County, b. Whether and to what extent a candidate owns real property located within Orange County c. Whether and to what extent a candidate is familiar with the value of real property located within Orange County, d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical composition of the special Board of Equalization and Review within Orange County, f. Any other matters that the Board deems appropriate After the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chair of the special board. VOTE: UNANIMOUS X. REPORTS A. PRELIMINARY RECOMMENDATIONS FOR A REGIONAL TRANSIT PLAN The Board received a report from Jim Ritchie, Executive Director of the Triangle Transit Authority and Shirley Marshall, representing Orange County on the TTA. The preliminary recommendations call for the expansion of the Regional Bus Service and development of a Regional Rail System using self- propelled diesel cars. In summary, the long-range plan for a fixed guideway will be done in phases. Because they have chosen rail, they will be able to serve Orange County, Hillsborough and Carrboro as they grow. Most of the rail is usable and rail service can be put in fairly inexpensively. She asked that the Board take an active part in implementing phase II and phase III. Until Chapel Hill and Durham work out how they are going to handle 15-501, there is not any way to finalize how the remainder of the County can be served. By September or October, the TTA hopes to begin limited employment van service between Hillsborough and Chapel Hill. She asked that the Board read their plan and approve with changes they would like to make. It is important that Commissioner Gordon ask that this plan be included in the long-range plan of the Transportation Advisory Committee. It is hoped that the Board will support the implementation plan when it is returned to the Board for their consideration. Jim Ritchie showed some slides demonstrating present traffic patterns and the TTA's preliminary recommendations for a regional transit plan. They plan to spend over three billion dollars over the next 25 years on highways in this three County (Orange, Durham and Wake) area to try to help to deal with traffic congestion. In answer to a comment made by Commissioner Gordon, Mr. Ritchie said that they recommend that the units of government responsible for the land use planning around the stations develop a station area plan for about one mile from each of the stations. The plan will not require radical changes in the County's land use plan. In answer to a comment made by Commissioner Willhoit, Ms. Marshall 16 said that because of the wide area they are serving, it will not be dependent upon building dense development in any one place. They can serve where development occurs. B. TRIANGLE J COUNCIL OF GOVERNMENTS Mr. Charles Krautler, Executive Director of Triangle J presented a brief report on the COG's current work plan and plans for the future. He noted some of the benefits that the County will receive from their membership for 1995-96. He distributed a report showing past accomplishments and future plans. This included a free-hours policy which will provide every local government that is a member of Triangle J a certain number of hours that will be available to the County. The report showed the sources of revenue, the projects that are currently on their way and a compilation of how their dues are allocated. The major activity they are involved with is aging service. He noted that they actually return $8.00 in services for every $1.00 paid in dues. He continued listing some of the projects they are currently working on. He also noted that dues were being decreased from $.49 to .39 per capita for 101,599 persons. XI. APPOINTMENTS PLANNING BOARD APPOINTMENTS This item will be added to the April 3, 1995 agenda. XII. MINUTES - NONE XIII. CLOSED SESSION - NONE XIV. ADJOURNMENT With no further business to come before the County Commissioners, Chair Carey adjourned the meeting. The next regular meeting will be held on Monday, April 3, 1995 at 5:30 p.m. at the Pleasant Green Community Center in Eno Township, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk