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HomeMy WebLinkAboutMinutes - 19900515 44 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 15, 1990 The Orange County Board of Commissioners met in regular session on Tuesday, May 15, 1990 at 7:30 in the courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners John Hartwell and Shirley E. Marshall. BOARD MEMBERS ABSENT: Commissioners Stephen Halkiotis and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , and Assistant County Managers Albert Kittrell and Ellen Liston, Economic Development Director Ted Abernathy, Deputy. Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Tax Assessor Kermit Lloyd, Department on Aging Director Jerry Passmore, Health Director Dan Reimer, Planner Mary Scearbo, and County Engineer Paul Thames. I. BOARD COMMENTS Chairman Carey announced the upcoming meetings of the Board. II. COUNTY MANAGER'S REPORT John Link introduced the new Economic Development Director Mr. Ted Abernathy. III. ADDITIONS OR CHANGES TO THE AGENDA None IV. AUDIENCE COMMENTS None PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the items on the Consent Agenda as stated below: A. 1989-90 AUDIT CONTRACT__ To approve a contract with the firm of Deloitte & Touche to develop the audit for the fiscal year ending June 30, 1990 for a cost of $41,500 and to authorize the Chair to sign. 45 B. AIRPORT CAPITAL PROJECT ORDINANCE To approve the proposed capital project ordinance to appropriate North Carolina Department of Transportation grant funds for the Airport Capital Project as stated below: AIRPORT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13 .2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized will provide a feasibility study for the siting of a new general aviation airport in Orange County and will be financed by an appropriation from the County Capital Reserve Fund and by state grant funds. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 53 ,788 i Intergovernmental 45,787 Total Revenues $ 99,575 Section 4. The following amount is appropriated for this project: Airport Project , 99,575 Total Appropriations $ 99,575 Section 5. This ordinance supersedes all previous Airport Capital Project Ordinances. Section 6. ° This ordinance shall be in effect from date of adoption through June 30, 1990. Adopted this 15th day of May, 1990. C. RENCHER STREET CDBG PUBLIC FACILITIES CONTRACT CHANGE ORDER 21; To approve and authorize the Chair to sign Change Order #1 to the Rencher Street Public Facilities Improvements Contract with Billings and Garrett, Inc. for $14, 125.67. This amount will cover the design changes necessary because of unforeseen regulatory requirements and site conditions revealed after the award 46 of the contract. D. RENCHER STREET CDBG FINANCIAL STATUS UPDATE - To receive as information a status report on the Rencher Street Project. The public facilities improvement work is in progress. Rehabilitation work on two houses has been completed and other rehabilitation work on additional houses is continuing. E. APPROVAL TO SUBMIT APPLICATION FOR STATE PLANNING FUNDS TO DEVELOP MODEL COUNTY AGING PLAN To approve the submission of a demonstration planning grant in aging at the local level. The competitive applications are for $20,000 and will be awarded for fiscal year 1990-91. F. RSVP APPLICATION FOR AUGMENTATION FUNDS AND NEW LITERACY INITIATIVE To approve and authorize the Chair to sign the RSVP application to ACTION in the amount of $10,081 in Federal Funds to augment the present ACTION grant and initiate a new literacy program. G. SIMPLIFIED ACCESS TO HUMAN SERVICES GRANT To authorize the Chair to sign a letter of support for the Simplified Access to Human Services Pilot Project Planning Grant. The County is requesting $20, 000 to help in this effort. H. TAX REFUNDS REQUEST .w To approve the following refunds of tax bills: NAME ACCOUNT it AMOUNT James I. Malhoney, Jr. 8041 $ 104 .99 Gene H. Ramsey 29015 263.32 Ellen C. Taylor 129129 101.66 Juanita Grace Rigsbee 102894 34.99 Albert L. Pendergrass 28332 21.28 Robert Herron Harvey 89563 587.54 Mark A. Stone 105350 143.32 Delores Stewart 106818 565.13 Virginia C. Bartow 5884 $ 149.68 George W. Vaughn Estate 9551 119.97 Michael D. Vaughn 115111 39.32 Michael D. Vaughn 115111 11.53 Michael D. Vaughn 115110 128.85 Michael D. Vaughn 114110 120.02 I. GRANT PROJECT ORDINANCE = CULBRETH PARK AFFORDABLE HOUSING PROJECT To adopt a grant project ordinance for the Culbreth Park Affordable Housing Project as stated below which will authorize the undertaking of the Culbreth Park Affordable Housing Project, will budget grant revenues to finance the project, and will make appropriations of $2,250,000 to complete the project. 47 GRANT PROJECT ORDINANCE • CULBRETH PARR AFFORDABLE HOUSING PROJECT Be it ordained by the Board of Commissioners of Orange County, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project . ordinance is hereby adopted: Section 1. The project authorized is the Culbreth Park Affordable Housing Project and is funded by a Community Development Block Grant award through the North Carolina Department of Economic and Community Development. Section 2. The officers of this unit are hereby directed to proceed with the grant within the terms of the grant document(s) , the rules and regulations of the North Carolina Department of Economic and Community Development, and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental $2,250,000 Section 4. The following amounts are appropriated for the project: Culbreth Park Affordable Housing $2,250, 000 Section 5. The finance officer is hereby directed to maintain within the Community Development Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agency and federal and state regulations. Section 6. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 7. This ordinance is effective from date of adoption until November 30, 1991. Adopted this 15th day of May, 1990. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. REPORTS A. RESPONSE TO HUMAN RELATIONS COMMISSION REPORT County Manager John Link listed his recommendations in response to the requests listed in the Human Relations Commission annual report. His recommendations are listed below. The report 48 was accepted by the Board of Commissioners. 1. Sexual preference as a category of anti-discriminatory protection will be considered as a part of a general review and recommended revision of the Orange County personnel Ordinance during 1990-91. 2. An Aids Policy Committee has already been developed and staffed by Albert Kittrell, Assistant County Manager. A draft of the Aids Policy is expected within two months. 3. The creation of a Human Rights Office is a concept worthy of additional study. Discussion at the Public-Private Partnership meeting in Boulder, Colorado suggested that a comprehension approach to human rights inclusive of all jurisdictions and the University community would be productive. The Manager recommends that the Human Relations Commission travel to other counties during the year and discuss the potential function of such an office with the University and Municipal officials and that establishment of this office be reconsidered in the 91-92 budget. 4. The Manager's recommended FY 90-91 budget will include funding for legal assistance in drafting a Human Rights Ordinance. 5. The Manager's recommended FY 90-91 budget will include funding for County-wide "Human Rights Day" event. 6. The Manager's recommended FY 90-91 budget will include funds sufficient for two Human Relations Commission members to travel to other counties to learn from other Human Rights Commissions' experiences. 7. The Fall timetable for developing the Human Rights Ordinance including strategy for submission of enabling legislation to the General Assembly is appropriate and should be adhered to if legislation is to be presented in a timely way in Spring of 1991. A citizen, Mr. David Baird asked several questions about the Human Relations Commission and in particular questioned allocating any county money for this project and the possible creation of a Human Rights office. He was directed to contact the Clerk's office for a copy of the report. X. ITEMS FOR DECISION = REGULAR AGENDA X. $100 PENALTY FOR FALSE CERTIFICATION Tax Assessor Kermit Lloyd explained the General Statutes as they relate to the $100 penalty for falsely certifying that a motor vehicle was listed for property taxes. The statute does allow 49 the County to release or refund all of this penalty for calendar year 1988 and 1989 if the Board determines that the taxpayer's false certification was not made intentionally to avoid payment of the - tax. Mr. Lloyd indicated there are twelve people in this category and he recommends these twelve be released or refunded the $100. 00 imposed on them as a result of this action. The twelve people are Walter Bololenbacher, Valerie Moore, Don MacLeod, Cameron Nims, Medora Ebersole, Luis Manuel Cubeddu, David Lamson, Keith Layden, Angie Owens, Edward Eagle, Jr. , Shannon L. Talton and Louise James. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve releasing the twelve named individuals from this $100 penalty as appropriate for each of them. VOTE: UNANIMOUS. B. DURHAM ESTATES - PRELIMINARY PLAN AMENDMENT Planner Mary Scearbo made this presentation. The Preliminary Plan for the Durham Estates was approved by the County Commissioners on February 5, 1990. The approval provided for lots 7, 8, and 9 to receive access from Lumley Drive in Laurel Springs Subdivision. Lot 6 was to receive access from Dairyland Road, since it did not have frontage on Lumley Drive. The applicant has requested that the Preliminary Plat be revised to provide a 30 foot access easement between lots 7 and 8 for access to Lot 6. The Planning Board on April 16 recommended an amendment to the Resolution of Approval to include this 30-foot easement. They also added a condition that Lot 6 use the proposed easement for access and not be allowed to access Dairyland Road. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve these changes in the preliminary plan for Durham Estates as stated in the amended Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS C. PROPOSED ZONING ORDINANCE AMENDMENT ARTICLE 7. 14.4 DENSITY BONUS FOR AFFORDABLE HOUSING Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the Zoning Ordinance Amendment Article 7.14.4 Density Bonus for Affordable Housing as stated below. NOTE: Section 7. 14.4.2 Applicability was the only change made by the County Commissioners from the proposed amendment. PROPOSED AMENDMENT 7. 14.4 Affordable Sousing 7. 14.4.1 Density Increase Permitted An increase in density may be permitted for Planned Developments which provide on-site or off-site housing opportunities for low- or moderate- income households. A contract shall be approved by the County Attorney and the Orange County Department of Housing and Community 50 Development (HCD) as a condition of permit approval guaranteeing that the reserved units will be purchased by or rented to qualifying households, and shall be binding for a period of not less than 15 years from the date on which the unit is first occupied. The reserved lots or rental units shall be indicated on the site plan or Preliminary Plan. 7.14.4.2 Applicability a) A density bonus may not be approved for a Planned Development project located within any watersupply watershed designated in the Land Use Element of the Comprehension Plan. b) A 25% density bonus for duplex or multi-family units may be approved if: i. A minimum of 40% of the units are to be rented to families earning less than 60% of Orange County median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development (HUD) . (Hereinafter, "median income") . OR ii. A minimum of 20% of the units are to be rented to families earning less than 50% of median income; or c) A 25% density bonus for single-family residential development may be approved if the greater of two (2) units or all the bonus units are to be sold to families earning less than 80% of median income; or d) A 25% density bonus for single-family residential development may be approved if land with suitable soils or access to public water and sewer is donated to Orange County for the purpose of the development of affordable housing. The donated land shall contain at a minimum the land area needed to develop the greater of two (2) units or the total number of the bonus units, in accordance with the zoning requirements of the district in which the donated land is located, or with minimum lot size of 40, 000 square feet in unzoned areas; or e) A 50% density bonus may be approved if at least 20% of the units are to be occupied by families earning less than 50% of median income and the remaining 80% of units are occupied by families earning less than 80% of median income. This bonus shall not apply to lands which have been donated to Orange County in exchange for a density bonus pursuant to d) above. 51 7.14.4.3 Contract for Sale of Single-family Residences Approval of the Special Use Permit shall not occur until there is a contract between the property owner and Orange County, which shall also be binding on future owners of . . the reserved lots. The contract shall be administered by (HCD) , and shall include the following provisions: a) All sales and resales shall be approved by HCD to assure ownership by qualifying buyers in accordance with the following eligibility criteria. i) Family income, as defined in Article 22 of this Ordinance, at the time of purchase shall not exceed the limits set forth in Article 7. 14.4.2 . Qualifying buyers may also own up to $10, 000 in net assets, as defined in Article 22 of this Ordinance, at the time of purchase. ii) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. b. The contract shall apply to each of the reserved lots, and shall continue to affect a particular lot for a minimum period of 15 years after the initial sale of that lot. c. There shall be no occupancy of the unit prior to its sale to a qualifying buyer. d. The contract shall include a timeline by which construction and sale of the reserved units will be accomplished. e. The resale price of any reserved housing unit shall not, at any time during the life of the contract, exceed the maximum amount affordable to the purchasing household. f. The maximum sale or resale price shall be determined by HCD, calculated by using HUD modeling for housing affordability. HUD modeling take into consideration assumptions such as interest rates, percentage of annual income allowed for housing, and amount of down payment. g. In the event that the financial status of the buyer significantly improves prior to the expiration of the contract period, the buyer may lease the unit, provided that the lessee and the lease are approved by HCD. HCD shall use the standards set forth in Article 7.14.4.4 to determine whether or not to 52 approve the lease. In addition, the term of the lease shall be for a minimum period of two years. h. Violation of any of the terms of the contract required by this ordinance may constitute grounds for revocation of the Special Use Permit and rezoning of • the land, as provided in Article 7.9 of this Ordinance. 7.14.4.4 Contract for Rental of Duplex or Multi-family Units Approval of the Special Use Permit shall not occur until there is a contract between the property owner or developer and Orange County, which shall also be binding on future owners of the development. The contract shall be administered by HCD, and shall include the following provisions: a) All rentals shall be approved by (HCD) to assure occupancy by qualifying households in accordance with the following eligibility criteria. i) Family income, as defined in Article 22 of this Ordinance, at the time of purchase shall not exceed the limits set forth in Article 7. 14.4.2. Qualifying renters may also own up to $5, 000 in net assets, as defined in Article 22 of this Ordinance, at the time of initial rental. ii) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. iii) Families whose income increases above the eligibility requirements may continue to occupy the rental unit, unless otherwise required through terms of the rental agreement between the lessor and lessee. b. Every change in occupancy during the 15-year term of the contract shall be approved by HCD to assure continued compliance with eligibility criteria. c. The maximum rent allowed shall be computed by multiplying the applicable percentage of median income by the value of median income at the time of the transaction, then multiplying the resulting value by the maximum percentage of income spent for housing, as recommended by the mortgage banking industry. The value for median income used in calculating maximum allowable rent shall be adjusted to reflect the maximum family size appropriate for the number of 53 bedrooms, as determined by HCD. 7.14.4.5 Disclosure of Contract Terms to Potential Home-Buyers a) Staff from the Planning Department and the Department . of Housing and Community Development shall meet with the prospective buyer prior to the purchase to assure that all terms of the contract are fully understood. Explanation of the terms of the contract shall include the following implication: i. Building permits for the improvements to the structure may be obtained if the owner wishes to remodel or construct an addition, or construct accessory structures. However, there is no assurance that the investment will be regained if the unit is sold prior to the expiration of the contract due to the requirement that it be purchased by a moderate income household. b) Home-ownership counseling shall be made available to first-time buyers to provide information on such topics as insurance and maintenance. The counseling shall be provided by the Department of Housing and Community Development. 7.14.4.6 Conveyance of Property to Orange County Land donated to Orange County pursuant to Article 7.4.14.2.d to enable a developer to obtain a density bonus shall be donated in trust for the purpose of the development of affordable housing. An agreement between the developer and Orange County and the instruments of conveyance shall insure this trust as determined by the County Attorney. ARTICLE 22 DEFINITIONS Family Income (new) - The gross annual sum of all income received by all adult members of the household, including - earned income from wages for all family members over the age of 18: - income from assets: - child support, alimony, Welfare payments, Social Security payments, including SSI, Worker's Compensation and Unemployment benefits; - Regular contributions and gifts; - Income from a business; -- earned income tax credits; - lump sum payments such as inheritance, insurance settlements, and proceeds from sale of property; and 54 - income from absent military personnel who are r ,l considered family members of the household. Net Assets (new) - The equity value of real Property such as land, buildings, Certificates of Deposit, Checking and Savings accounts, money market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or precious metals, and business equipment. Family or personal assets such as furniture, automobiles, wheelchairs or other special equipment, household goods, boats and recreational vehicles are not included. VOTE: UNANIMOUS D. LEASE PURCHASE PROPOSAL = FIRST WACHOVIA LEASING Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve a lease purchase proposal submitted by First Wachovia Leasing for the purchase of a hazardous materials vehicle and for telecommunications hardware and software, adopt the required resolution as stated below and to authorize the Chair to sign the final lease documents, pending completion and review by the County Attorney, the County Finance Director and the County's Bond Counsel. NORTH CAROLINA RESOLUTION OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORANGE COUNTY The Board of Commissioners of Orange County, North Carolina (Lessee) represents that it reasonably expects that it and all subordinate entities of it will not issue in the aggregate more than $10, 000,000.00 of tax-exempt obligations (not counting private- activity bonds except for qualified 501(c) (3) bonds as defined in the Internal Revenue Code of 1986, as amended) during calendar year 1990. In addition, Lessee hereby designates the obligation referred to as Master Lease Agreement between First Wachovia Leasing Corporation and Lessee as a "qualified tax-exempt obligation" within the meaning of Section 265(b) (3) (B) of the Internal Revenue Code of 1986, as amended. VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were duly approved by the Board: LIBRARY BOARD OF TRUSTEES - Viola Crowder to a second term OWASA BOARD OF DIRECTORS - Lois Herring to a second term BOARD OF HEALTH - Ruth Royster to a third term and Carole Stemkowsi to a first term 55 DOMICILIARY HOME ADVISORY COMMITTEE - Randy Brantley, Chester Cavalito and Ruth Ferguson to a second term and Patricia Sipp to a probationary training period HUMAN SERVICES ADVISORY COMMITTEE - Betty Landsberger and Peggy Pollitzer to a second term and Paula Brittian and Hazel Quick to a first term NURSING HOME ADVISORY COMMITTEE - Lucia Anderson and Faye Cleaton to their first full term TRIANGLE J EMS COUNCIL - Dr. Fred Hansen and Jeanette Smith to an additional two year term XII. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the minutes for the April 2, 1990 Regular Meeting as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes for the April 17, 1990 Regular Meeting as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes for the May 1, 1990 Regular Meeting as circulated. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for consideration, Chairman Carey adjourned the meeting. The next regular meeting will be held on June 4, 1990 at 7:30 P.M. in the courtroom of the Old Courthouse in Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk