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HomeMy WebLinkAboutMinutes - 19960626APPROVED 11/19196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 26, 1996 The Orange County Board of Commissioners met in regular session on June 26, 1996 at 7:30 p.m. in the community meeting room at the OWASA Operations Center, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon and Don Willhoit COUNTY COMMISSIONER ABSENT: Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) 1_ ADDITIONS OR CHANGES TO THE AGENDA Chair Carey deleted Consent Item "D" Approval to Purchase Property - OPC Mental Health. He added to the Consent Agenda item "A" Appointments, an appointment to the Personnel Advisory Board and an appointment to the Board of Social Services. Additional information for public hearing item "D" which is the public hearing on 6011503 West Franklin Financing was received as new information. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to approve the additions to the agenda as stated above. VOTE: UNANIMOUS II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey stated that citizens who have indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge III. BOARD COMMENTS Commissioner Gordon stated her displeasure with the legislature's failure to pass a budget before adjourning. She feels that the impacts will hurt the State, the County and the school children. She asked that a letter be sent to the Governor urging him to bring the legislature back into session. Chair Carey agreed with Commissioner Gordon and said that he will send a letter to the Governor urging him to recall the legislature. Commissioner Willhoit announced that this Thursday at 7:30 p.m. Vedco Energy Corp. will do a presentation in Superior Courtroom on Refuse Derived Fuel. Chair Carey announced that Orange County received a grant in the amount of $145,600 for a CDBG project for Efland Estates. IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION DEPLORING THE BURNING OF BLACK CHURCHES AND CALLING FOR COMMUNITY SOLIDARITY IN OPPOSING SUCH UNLAWFUL ACTS Quinton Barker, Chair of the Human Relations Commission presented the resolution. He introduced Mr. Oliver as the new Civil Rights Officer for the County. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the resolution "Deploring the Attacks on Black Churches and Calling for Community Solidarity in Opposing Such Unlawful Acts" as stated below: RESOLUTION DEPLORING THE ATTACKS ON BLACK CHURCHES AND CALLING FOR COMMUNITY SOLIDARITY IN OPPOSING SUCH UNLAWFUL ACTS WHEREAS, there have been a growing number of attacks on black churches in the South since 1990, including the burning of Mount Moriah Baptist Church in Orange County in 1995, and WHEREAS, there have been more than 20 churches that have been attacked or vandalized in this year alone, with threats on churches in neighboring Durham County and the burning of Matthew's Murkland Presbyterian Church in Charlotte, and WHEREAS, these attacks on the most revered and stable institutions of the African American community revive painful memories of church bombings during the Civil Rights Movement and earlier, have a chilling effect on the African American members of our community, and attempt to polarize residents of Orange County, and WHEREAS, the Orange County Board of Commissioners deplores such unlawful attacks and the atmosphere that gives rise to racially motivated violence, and is committed to ensuring that all its residents are free to live and worship without the threat of hate crimes, and WHEREAS, the Orange County Board of Commissioners desires to continue promoting a climate in our community that finds such actions intolerable and that encourages mutual understanding and acceptance among all its residents. THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners deplores the threats, vandalism and burning of black churches, opposes all forms of racially-motivated violence; and calls for community solidarity in opposing such unlawful acts and for a renewed commitment to mutual understanding and acceptance among all residents of Orange County. VOTE: UNANIMOUS B. CERTIFICATE OF RECOGNITION FOR EVERETT BILLINGSLEY A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the "Certificate of Recognition for Everett Billingsley" as stated below: CERTIFICATE OF RECOGNITION FOR W. EVERETT BILLINGSLEY WHEREAS, the Orange County Board of Commissioners wishes to acknowledge and express its appreciation to W Everett Billingsley for his nineteen years of dedicated service to the citizens of Chapel Hill and Carrboro as Executive Director of the Orange Water and Sewer Authority, and WHEREAS, as Executive Director of the Orange Water and Sewer Authority, W. Everett Billingsley was responsible for the management and operation of water and sewer services for southern Orange County including the Town of Carrboro and the Town of Chapel Hill, the campus of the University of North Carolina at Chapel Hill and UNC Hospitals, and WHEREAS, W. Everett Billingsley has devoted his time, energy and talents to this community and provided to the Orange Water and Sewer Authority since it began operation in 1977 his experience and sound judgment on its behalf with integrity, dignity and thoughtful reflection; and WHEREAS, W Everett Billingsley created a vision which encouraged alliances that promoted regionalization of water resources and under his leadership, our community has been afforded the best quality water in North Carolina. NOW, THEREFORE, I, Moses Carey, Jr., speaking on behalf of the entire Board of County Commissioners and all our citizens, do hereby express our deep gratitude and sincere appreciation to W, Everett Billingsley for his leadership and dedicated and distinguished service to our community as Executive Director of the Orange Water and Sewer Authority and extend to him our best wishes for a long and well-deserved retirement. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS A. DISTINGUISHED BUDGET PRESENTATION AWARD Chair Carey presented the Distinguished Budget Presentation Award of the Government Finance Officers' Association to Budget Director Sally Kost and Budget Management Analyst Donna Dean. He commended them for their dedication and for receiving the highest form of recognition in governmental budgeting for the sixth consecutive year. VII. PUBLIC HEARINGS A. ZONING ORDINANCE TEXT AMENDMENT - ARTICLE 6.16.6 HOME OCCUPATIONS Planner Mary Willis presented for citizen comment a proposed amendment to the Zoning Ordinance provisions relating to home occupations as presented in the agenda. The existing home occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4. In answer to a question from Commissioner Gordon about setbacks, Mary Willis said that what they tried to do was to keep the same set of standards without breaking things up according to just the lot size. They had encountered previous problems with the provision that accessory buildings must be 30 feet further from the road than the residence on larger lots. The setbacks, in most districts, would be 20 feet from the side and rear property lines and 40 feet from the front. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT Max Kennedy, General Contractor with a home occupation permit, made reference to the agenda materials and commented about several of the proposed changes. He said that at present the most floor space usable in an assessory building is 2,000 feet and the greatest number of feet available in a storage facility is 1,000 feet. This is on property with more than 200,000 square feet. He made reference to the list of home occupations which are presently legal in Orange County and said that there are a number of these which do not use any outside buildings because they are completely contained within a home and a number which occupy a considerable amount of space. The smallest being 114 acre and the largest being 232 acres. He disagrees that one size fits all. He does not feel the impact would be the same in every case. The proposal is that there be one requirement regardless of lot size and he does not feel that is realistic. It also requires that any building approved in the future have a residential appearance. This does not take into consideration a number of farm buildings that will be available as farmers cease to farm and have barns they could utilize for a very productive home occupation. He disagrees with this proposed change. Max Kennedy noted he disagrees with the reference to the size of the vehicle that can make deliveries. In his particular case, he has enough room for larger trucks to make deliveries and egress safety. He asked the County Commissioners to leave the Home Occupations portion of the Zoning Ordinance as it is. Mary Willis said that with regard to the use of existing barns or farm-type buildings in the future, that would be permitted under C-4. She said that what they are trying to do with this amendment is to assure that if someone is going to build a new building, an accessory building, for the Purpose of conducting a home occupation, that it be 1,000 square feet and that it take on a residential appearance to try to blend in with that area. There are provisions for existing buildings that may be converted to home occupations in the future regardless of the appearance of the building. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer this amendment to the Orange County Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than August 5, 1996. VOTE: UNANIMOUS B. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - ARTICLE 8.8.24 HISTORIC STRUCTURES Planner Mary Willis made this presentation. All background information is in the agenda. This proposed amendment to the Zoning Ordinance would be to Article 8.8.24 to include historic property as well as structures in the consideration of Special Use Permits for the non-residential use of historic structures. Commissioner Gordon asked how this amendment would apply in the context of a modern house with historic outbuildings. THERE WERE NO PUBLIC COMMENTS A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer this item to the Orange County Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than August 5, 1996. VOTE: UNANIMOUS C. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT - ACTION SUBSEQUENT TO SUBDIVISION APPROVAL Planner Mary Willis made this presentation. This technical amendment would delete the requirement in the Subdivision Ordinance that a Planning Staff member be present each time a final plat is recorded in the Register of Deeds Office. The purpose of this provision is to insure that all required auxiliary documents, such as Road Maintenance Agreements and Declaration of Restrictions are recorded with the plat. Register of Deeds, Betty June Hayes indicated she does not endorse this amendment and that she will submit her comments in writing which will be included in the agenda when it is returned to the County Commissioners for consideration of approval. THERE WERE NO CITIZEN COMMENTS A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer this item to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than August 5, 1996. VOTE: UNANIMOUS D. PUBLIC HEARING AND RESOLUTION ON 5011503 WEST FRANKLIN FINANCING John Link summarized the information in the agenda. Purchasing Director Pam Jones made reference to the supplemental information. She summarized the steps taken to purchase the building. She gave an overview of the environmental assessment, the physical inspection of the property, the programs that will be offered and the upfit that will be necessary with related costs. Commissioner Gordon expressed a concern that the Environmental Assessment be done by professionals and that there be enough money for the upfit. John Link indicated that the programming schedule for the facility will be presented to the County Commissioners for their consideration in August. Finance Director Ken Chavious reviewed the bids which had been received as a result of his request for financing proposals. On May 14, 1996, the County Commissioners authorized him to seek funding for the purchase of 5011503 West Franklin Street through private placement and to submit an application to the LGC. NationsBank option #3 at $283,131.04 is the lowest responsible bidder. Other bids received are listed below: First Union $ 299,142.00 NationsBank Option #1 $ 312,996.00 NationsBank Option #2 $ 423,108.00 BB&T $ 311,700.10 Wachovia $ 286,632.33 THERE WERE NO CITIZEN COMMENTS A motion was made by Commissioner Willhoit, seconded by Chair Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to approve the private placement funding agreement, and authorize the Chair, Manager, Finance Director, and/or Attorney to execute all documents related to this transaction, subject to final review by the County Attorney and the Bond Counsel; and to authorize the employment of professionals necessary to complete the closing of the property (such as surveyor, environmental assessment firm, structural engineer). VOTE: UNANIMOUS Chair Carey introduced the resolution entitled "Resolution Approving One or More Proposed Agreements Concerning the Acquisition and Improvement of Property for a Skill Development Center, Approving Certain Other Documents and Actions Relating Thereto and Authorizing Certain Actions in Connection Therewith", seconded by Commissioner Crowther. A copy of this resolution is in the Permanent Agenda File in the Clerk's office. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Chair Carey to approve the items on the Consent Agenda as stated below: A. APPOINTMENTS The County Commissioners approved the appointments as listed below: ABC Board - Clarence D. Walters was appointed for a term ending June 30, 1999. Board of Health - Ronald J. Cammarata, Barbara Chavious and Beverly Foster were reappointed for a three year term ending June 30, 1999. Personnel Advisory Board - Ken Morgan and Caleb Moore were reappointed for a three year term ending June 30, 1999 Nursing Home Community Advisory Committee - Rebecca H. Bradley and Brian Schulten were appointed for a one year term ending June 30, 1997 Visitor's Bureau - Cindy Mihok was appointed to serve an unexpired term ending December 31, 1996 Research Triangle Regional Partnership Board of Directors - Karen Raleigh was appointed for a term ending June 30, 1998 and Richard T. Williams was appointed to serve an unexpired term ending June 30, 1997. Economic Development Commission - Linda Oldham was appointed for a term ending June 30, 1999. Stuart A. Wallace was appointed to serve an unexpired term ending June 30, 1999. Richard Williams, Pat Evans, William Strom and Bob Hall were reappointed to terms ending June 30, 1999. Hillsborough Board of Adjustment - James King was appointed to fill an unexpired term ending March 30, 1998. OWASA Board of Directors - Barry Jacobs was reappointed to serve a term ending June 30, 1999. EMS Advisory Council - Charles Mandelin was appointed as a County employee serving on this Council for a term ending June 30, 1999 and Mark McCullough was appointed for a term ending June 28, 1998. Commission for Women - Ricka Samulski was appointed for a term ending June 30, 1999. Advisory Board on Aging - Robert G. Schmidt, Linda R. Rahija, Annie V. Tinnin and Alner J. Greene were reappointed for terms ending June 30, 1999. Orange County Board of Adiustment - Karren Barrows was appointed as a representative from the Orange County Planning Board. Steve Medlin was moved to full membership for a term ending June 30, 1999. Tony Whitaker was moved to full membership for a term ending June 30, 1997 and Dianne Shaw was reappointed for a term ending June 30, 1999. Social Services Board - Rosetta Moore was appointed for a three year term ending June 30, 1999. B. CONTRACT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The Board approved and authorized the Chair to sign an interim agreement between Orange County and the U.S. Department of Housing and Urban Development. This Agreement, which will be in effect for at least two years, provides a mutually agreed upon process for handling housing discrimination complaints that are currently within the jurisdiction of both Orange County and HUD. C. 1995-96 AUDIT CONTRACT The Board approved and authorized the chair to sign the contract with Deloitte and Touche for the annual audit for the fiscal year ending June 30, 1996 in the amount of $58,250. D. APPROVAL TO PURCHASE PROPERTY - OPC MENTAL HEALTH This item was deleted from the agenda. E. RENEWAL OF TRIANGLE J COUNCIL OF GOVERNMENTS HOUSEHOLD HAZARDOUS WASTE AGREEMENT The Board approved and authorized the Chair to sign the renewal of an existing agreement among Orange County, Triangle J Council of Governments and other regional local governments concerning the collection and disposal of household hazardous waste. F. BUDGET ORDINANCE AMENDMENT #9 The Board approved budget amendment #9 as stated below: GENERALFUND Source - Intergovernmental $ 4,288 Appropriation - Community Maintenance 4,288 (to budget for Carrboro recall election) Source - Intergovernmental $ 10,965 Appropriation - Community Planning 10,965 (to budget for State Transportation Grant awarded to Planning) Source - Miscellaneous (Appropriations) $ (42,588) Appropriation - Transfers to Other Funds 42,588 (to establish grant project ordinance for Shaping Orange County's Future project) Source - Intergovernmental $ 124,340 Appropriation - Human Services 124,340 (to budget for additional State daycare funds awarded to DSS) Source -Intergovernmental $ 14,394 Appropriation - Human Services 14,394 (to budget for new Maternal Care Coordination program at UNC Hospitals and additional School Health Funds) Source - Human Services $ (19,514) Appropriation - Contributions to Outside Agencies 19,514 (technical amendment to correct Budget Ordinance amendment #4 (Arts Commission) Source - Charges for Services $ 20,000 Appropriation - Human Services 20,000 (additional class and rental funds related to increased participation in Senior programs) Source - Intergovernmental $ 20,111 - Charges for Services 27,875 Appropriation - Human Services 47,986 (additional OPT monies associated with DSS medical contracts and new rider co-payments) Source - Charges for Services $ 4,500 Appropriation - Public Safety 4,500 (to budget for reimbursement to Sheriff's Dept. from UNC for special events coverage) Source - Intergovernmental $ 200 - Charges for Services 5,500 Appropriation - Public Safety 5,400 (to budget for EMS contract with Orange County Speedway and Fire Marshal State hazardous materials grant) Source - Intergovernmental $ 12,500 Appropriation - Contributions to Outside Agencies 12,500 (to budget for additional CBA funds associated with Volunteer Families for Children) Miscellaneous (Appropriations) $ (310,965) Appropriation - Community Maintenance 8,552 - General Administration 25,655 - Taxation & Records 45,090 - Community Planning 13,993 - Human Services 121,276 - Public Safety 62,193 - Public Works 34,206 (to allocate career growth and performance awards to County departments) SUBDIVISION PAYMENT-IN-LIEU FUND Source - Appropriated Fund Balance $ 25,000 Appropriation - Transfers to Other Funds 25,000 IMPACT FEE FUND Source - Appropriated Fund Balance $ 422,250 Appropriation - Transfers to Other Funds 422,250 EFLAND SEWER OPERATING FUND Source - Charges for Services $ 6,000 Appropriation - Public Works 6,000 (to budget for additional tap fees received in the Efland Sewer Operating Fund) SHAPING ORANGE COUNTY'S FUTURE GRANT PROJECT ORDINANCE Source - Intergovernmental - Town of Chapel Hill $ 56,065 - Intergovernmental - Town of Carrboro 17,999 Orange County - Transfer from the General Fund (95-96) 42,588 - Transfer from the General Fund (96-97) 7,369 - Transfer from the General Fund (97-98) 34,393 - Transfer from the General Fund (98-99) 13,829 TOTAL Transfer from Orange County 98,179 (This project is a joint initiative of the towns of Chapel Hill and Carrboro and the County to conduct a visionary or goal setting process for the entire county) MIDDLE SCHOOL ENRICHMENT CAMP GRANT PROJECT ORDINANCE Source - North Carolina State University $ 60,000 - Orange County Schools 5,000 - Participant Fees 47,000 Appropriation - Human Services - Middle School 112,000 Enrichment Camp (This project is to provide supervised safe, affordable, and enriching environments for youths ages 10-14) EQUIPMENT AND VEHICLES PROJECT CAPITAL PROJECT ORDINANCE Source - Transfer from County Capital Reserve Fund (92-93) 295,300 Source - Transfer from General Fund (93-94) 391,615 Source - Transfer from General Fund (94-95) 465,229 Source - Transfer from General Fund (95-96) 299,415 Source - Transfer from EMS Base 2 Project (95-96) 10,000 Source - Intergovernmental (92-93) 32,935 Source - Intergovernmental (93-94) 4,688 Source - Intergovernmental (94-95) 131,129 Source - Intergovernmental (94-95) 123,750 Source - County Capital Fund Balance (94-95) 10,000 TOTAL REVENUE 1,764,061 Appropriation - Equipment and Vehicles 1,764,061 (This project will provide for purchase of County-owned vehicles and major equipment) The officers of the County are hereby authorized to close the following from this project as of June 30, 1996: Source - Transfer from County Capital Reserve (92-93) $ 239,583 Source - Transfer from General Fund (93-94) 348,384 Source - Transfer from General Fund (94-95) 351,954 Source - Intergovernmental (92-93) 32,935 Source - Intergovernmental (93-94) 4,688 Source - Intergovernmental (94-95) 91,530 Appropriation - Equipment and Vehicles $ (1,069,074) FACILITIES IMPROVEMENTS PROJECT - CAPITAL PROJECT ORDINANCE Source - Transfer from County Capital Reserve (91-92) $ 30,000 Source -Transfer from County Capital Reserve Fund (92-93) 169,800 Source - Transfer from General Fund (93-94) 55,000 Source - Transfer from Court Facilities Project (93-94) 30,000 Source - Transfer from General Fund (94-95) 55,704 Appropriation - Facilities Improvements Project $ 340,504 (This project will provide for an updated assessment of Orange County facilities and set aside funds for needed improvements to the se buildings) The following amendments are anticipated to complete this transfer Transfer to New Courthouse Renovation Project (94-95) $ 110,000 Transfer to Historic Courthouse Restoration Project (95-96) 74,600 transfer to Northern Human Services Center Project (95-96) 11,000 The officers of the County are hereby authorized to close the following from this project as of June 30, 1996: Source - Transfer from County Capital Reserve (91-92) $ 22,653 Source - Transfer from County Capital Reserve (92-93) 26,653 Appropriation - Facilities Improvements Project (48,717) GEOGRAPHIC INFORMATION SYSTEM (GIS) CAPITAL PROJECT ORDINANCE Source - Transfer from County Capital Reserve Fund (89-90) 150,000 Source - Transfer from County Capital Reserve Fund (90-91) 219,381 Source - Transfer from County Capital Reserve Fund (91-92) 54,821 Source - Transfer from County Capital Reserve Fund (92-93) 77,500 Source - Transfer from General Fund (93-94) 71,500 Source - Transfer from General Fund (94-95) 87,000 Source - Transfer from General Fund (95-96) 20,500 Source - Intergovernmental (90-91) 19,000 Source - Intergovernmental (91-92) 5,000 Source - Intergovernmental (92-93) 5,000 Source - Intergovernmental (93-94) 5,000 Source - Charges for Services (90-91) 18,000 Source - Charges for Services (91-92) 15,000 Source - Charges for Services (92-93) 15,000 Source - Charges for Services (93-94) 63,000 Appropriation - Information Networking Project $ 825,702 (this project enhances the means by which the County captures, processes, and stores data) The following amendment is anticipated to complete this transfer Transfer to Law Enforcement Records System Project (95-96) 54,750 Geographic Information System (GIS) (54,750) The officers of the County are hereby authorized to close the following from this project as of June 30, 1996: Source - Transfer from County Capital Reserve (89-90) $ (51,600) Source - Transfer from County Capital Reserve (90-91) (111,443) Source - Transfer from County Capital Reserve (91-92) (54,999) Source - Transfer from County Capital Reserve (93-94) (54,000) Appropriation - Geographic Information System (326,042) G. CLASSIFICATION PLAN AMENDMENT - REGISTER OF DEEDS CLASSES The Board approved amending the Orange County Classification and Pay Plan to revise the salary grades for Register of Deeds classes as follows: Deputy Register of Deeds Deputy Register of Deeds Deputy Register of Deeds I from grade 60 to 61 II from grade 62 to 63, and III from grade 63 to 64 H. JOINT FUNDING AGREEMENT FOR "SHAPING ORANGE COUNTY'S FUTURE" The Board referred the draft agreement to the County Attorney for further review, to be presented to the Board for adoption on August 5, 1996. 1. EMPLOYEE ASSISTANCE PROGRAM CONTRACT RENEWAL The Board approved and authorized the Chair to sign a contract with Human Affairs International for the period July 1, 1996 through June 30, 1997 for continuation of the Employee Assistance Program. J. PLANNING BOARD RULES OF PROCEDURE - PROPOSED MEETING DATE CHANGE The Board approved amending the Planning Board's Rules of Procedures to change the regular monthly meeting date to the first Wednesday of the month. K. AGREEMENT BETWEEN ORANGE COUNTY AND NORTHEN, BLUE, ROOKS, THIBAUT, ANDERSON AND WOODS, L.L.P. FOR LEGAL SERVICES The Board approved and authorized the Chair to sign an agreement between Orange County and Northen, Blue, Rooks, Thibaut, Anderson and Woods, L.L.P. for DSS Legal services for fiscal year 1996- 97. L. AGREEMENT BETWEEN ORANGE COUNTY AND UNC HOSPITALS FOR MEDICAID CASEWORKERS The Board approved and authorized the Chair to sign an agreement between Orange County and UNC Hospitals for two hospital based DSS Medicaid Intake Caseworkers. UNC Hospitals reimburses Orange County 100% of the County's share of the salaries and benefits involved in maintaining these workers at the hospital, plus 10% of the salary and benefits of a full-time supervisor. M. AGREEMENT BETWEEN ORANGE COUNTY AND UNIVERSITY OF NORTH CAROLINA HOSPITALS FOR SOCIAL WORKER The Board approved and authorized the Chair to sign an agreement between Orange County and the University of North Carolina Hospitals for a Social Worker I to provide referral and counseling services eight (8) hours per week at the Obstetrics and Gynecology Clinic. Orange County is reimbursed 100% of the expenses involved in maintaining the worker at the clinic, 2% of the cost of a full time social worker supervisor, and a $2.00 processing fee for each "out of county" case. N. JAIL MEDICAL SERVICES CONTRACT RENEWAL The Board approved and authorized the Chair to sign a contract with the Orange Family Medical Group for Jail Medical services through June 30, 1997 for a sum of $18,500 per year. 0. PYROTECHNICS PERMIT - ORANGE SPEEDWAY The Board approved the pyrotechnics permit for Orange Speedway for their fireworks display to occur July 3, 1996 and authorized the staff to sign off on the permit form as indicated. P. HOUSING REHABILITATION CONTRACT AWARD The Board awarded the following rehabilitation contracts for the CDBG Housing Rehabilitation Program: DWELLING UNIT BID AMOUNT CONTRACTOR #6 $ 35,050 MDH Construction Company #4 19,550 Taylor Home Improvements Q. HOME PROGRAM - ABBOTTS COLONYICREEL STREET The Board authorized County staff and the County Attorney to explore possible options with the Orange Community Housing Corporation regarding the disposition of the Abbotts Colony and Creel Street properties. R. HOUSING REHABILITATION PROGRAM - RELEASE DEED The Board approved and authorized the Chair to sign a Release Deed in conjunction with the County's Housing Rehabilitation Program. This will allow the property to be subdivided into two lots so that one lot can be given to a grandson. S. ADDITIONAL APPOINTMENTS TO THE SHAPING ORANGE COUNTY'S FUTURE TASK FORCE This item was deleted to be considered immediately after the Consent Agenda. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA S. ADDITIONAL APPOINTMENTS TO THE SHAPING ORANGE COUNTY'S FUTURE TASK FORCE Commissioner Willhoit mentioned that he is disappointed with the composition of the committee. A lot of the people are from Chapel Hill Township. At least two of the additional people are human service providers of nondepartmental agencies that the County funds. He said that one of the challenges is to get people who didn't apply to apply to serve on this task force. Commissioner Crowther, a member of the Shaping Orange County's Future Task Force, said that he feels the committee did the best they could. They tried to recommend representatives from all areas of the County. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to appoint Rhonda Pope, Carole Crumley, Susan Prothro Wortley and Linda Foxworth as recommended by the SOCF Steering Committee. VOTE: UNANIMOUS IX. ITEMS FOR DECISION -REGULAR AGENDA A. 1996-97 BUDGET ORDINANCE John Link made reference to a memo he distributed which outlined the preliminary assessment by the two school systems concerning the impacts that the General Assembly's failure to adopt an expansion budget for 1996-97 may have on the funding picture for each system. He spoke with Superintendent Bill Harrison of the Orange County School District who indicated that the savings from not funding the local teacher match of the anticipated 5% salary increase will more than offset the other funding needs that the State budget for 1996-97 does not include at this time. With regards to the Chapel HiIVCarrboro School system, Superintendent Neil Pedersen reported that the savings in their budget will adequately provide for needed new classroom teachers and assistants. Areas that apparently would not be fully addressed include some support positions and supply/materials accounts that are determined by ADM on a formula basis and amounts to about $120,000. Commissioner Gordon distributed a proposal that would add 0.4 cents to the district tax rate which would yield $130,364. The revised district tax rate would be 19.4 cents. Commissioner Willhoit stated that it seems to him that covering this shortfall from the fund balance would be appropriate. He feels that the legislature will be called back in session, either this summer or in November or January. Commissioner Gordon asked about the possibility of releasing a certain portion of impact fee revenue expected in the current year to address some of the technology or high school needs. John Link stated that he has written to Neil Pedersen and indicated that if they need to move quickly with the use of the $220,000 that they pursue an amendment to their CIP on how that revenue needs to be changed. The CIP can be amended at any time. Commissioner Gordon suggested putting $120,000 in a contingency account to cover this shortfall to be used in case the legislature does not reconvene. Chair Carey stated he feels also that the Governor will reconvene the legislature. He said that he feels that the budget recommendation that the Board asked the Manager to develop, assuming the use of some fund balance if the legislature does not reconvene, will address the needs that they tried to address with the budget. A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to approve the following action: {A copy of this budget ordinance is attached to these minutes on pages to adopt the County Capital and School Capital Project Ordinances to adopt the 1996-97 Grant Project Ordinances to adopt the 1996-97 Salary Schedule to be effective July 1, 1996 to adopt the revisions to the Personnel Ordinance to adopt the County Fee Schedule VOTE: UNANIMOUS B. REQUEST FOR IMPACT FEE REIMBURSE MENTIEXEMPTION Housing and Community Development Director Tara Fikes presented for the Board's consideration a request from First Centrum Corporation requesting exemption or reimbursement of $186,000 in school impact fees. First Centrum Corporation is planning to build a 123 unit apartment complex for the elderly in Carrboro to be known as Carolina Spring. The company has applied to the N.C. Housing Finance Agency for the Low Income Housing Tax Credits to finance this project. First Centrum contends that the County's impact fees as well as OWASA's fee requirements cause their tax credit application to be less competitive with others in the state. Further, they questioned the "appropriateness" of requiring new elderly housing developments to pay the impact fee considering the fact that the residents will not impact school growth. They are asking that the County either exempt or reimburse the impact fee requirement for this project. A project summary was included in the agenda materials. Chair Carey entered into the record two letters from the Town of Carrboro in support of this request. Alex Zaffron, member of the Carrboro Board of Aldermen, spoke in favor of this development project which he feels is a unique opportunity to provide affordable housing for the elderly. The Aldermen have worked with the developer to waive some of the building requirements and streamline the process. Mr. Jerry A. Lohla, Executive Vice President of First Centrum Corporation, said that the total amount of the project is eight million dollars. If they cannot get a refund or reimbursement of the impact fees, they will have to turn down the grant even if it was awarded to them. They expect to make only $322,000 from this project. Commissioner Willhoit said that, under the Commissioners' present reimbursement policy, they cannot waive the fee and that any kind of reimbursement would have to come from the general fund. Chair Carey stated that this request puts two of the County's goals against each other - to provide for affordable housing and to fund school construction. Jerry Lohla said that the apartments will cost about $55,000 each. He has given a copy of their budget, which is public knowledge, to John Link. He stressed the fact that besides being affordable, they have to be rented to households that make a minimum of $11,000 but no more than $27,000. This is a rental project and the property can never be sold. Mr. Lohla said that an independent rental management company will be hired to manage the property. Board of Aldermen members Diane McDuffey and Hank Anderson spoke in support of this project. Former Mayor of Carrboro Eleanor Kinnaird spoke in support of this project. She feels this is a window of opportunity to make this project feasible. Commissioner Willhoit suggested reducing the amount of school capital funds from the first 1/2 cent sales tax and replacing it with the impact fee they would receive creating a school capital neutral. This would involve taking $372,000 from the 1/2 cent sales tax and putting it in the impact fee account for the Chapel Hill/Carrboro School District. The County Commissioners all agreed they would like to help provide affordable housing and continued talking about the possibilities for making this happen. John Link noted that the funding of this impact fee can be considered in next years' budget since this project will not be finished until 1997. Geoffrey Gledhill noted that Carrboro collects the impact fee at the time the building permit is issued, so this would not work if the building permit is issued in 1996-97 fiscal year. The Impact Fee Ordinance does not require payment until the certificate of occupancy is issued. Carrboro would need to make an adjustment in their policy. Commissioner Gordon said that she would like to do something for affordable housing. However, the only solution should not be taking resources from the schools. This is a lot of money. A major problem with this impact fee, in contrast with an impact tax, is that we have very little flexibility and she does not feel we can do it. Commissioner Willhoit suggested that in principle that the Board works out some mechanism by which reimbursement of the impact fee could be done for this project from the first half cent sales tax allocation to the Chapel Hill-Carrboro City Schools in the same amount of the impact fees that would accrue to the Chapel Hill-Carrboro City School District from the impact fees on this project. This would not impact the school system at all. Commissioner Crowther suggested that the County and the Town of Carrboro share the cost of reimbursement of the educational Facilities Impact Fees since both the County and the Town will receive advalorem taxes from this development. The Board agreed with asking Carrboro to participate in this effort to provide for affordable housing. Mr. Lohla said that time is of the essence because they will hear about their application in July and must, at that time, either accept or reject the grant based on the feasibility of the project. If they took tax credits and did not follow through on the project, they would not be allowed to ever do a project in North Carolina. Commissioner Gordon reiterated her position. This is a lot of money and the County does not have a mechanism in place to do what is being requested. She feels it unfair to ask the County to do this in such a short turnaround time, especially since every single suggestion has to do with taking money from the schools. Commissioner Willhoit clarified that what he is proposing did not take money from the schools. It took the same amount from both sides of the equation which ends up revenue neutral for the schools. Mary Bushnell, member of the Chapel Hill/Carrboro School Board, said that it really is not revenue neutral and asked if there was some way that the schools would not have to absorb the entire amount. Mark Royster, Chair of the Chapel Hill/Carrboro School Board, said that even if there was an offsetting entry, the schools would lose because the impact will be from the houses that the people leave to go to live in these apartments. A motion was made by Commissioner Crowther, seconded by Chair Carey to provide for reimbursement of Educational Facilities Impact Fees of $212,648 for First Centrum Corporation's development called Carolina Spring, with the condition that the Town of Carrboro will pay the remaining fees. VOTE: AYES, 3; NOS, 1 (Commissioner Gordon) C. INTEGRATED SOLID WASTE STUDY IMPLEMENTATION John Link summarized the material in the agenda. The Landfill Owners Group (LOG) requested that the County Commissioners review a number of issues related to the integrated solid waste management plan implementation and provide feedback regarding the proposed system. John Link made reference to a handout that was distributed and indicated that on page 4 under Waste Prevention, the LOG favored (1) differential landfill fees, (2) non-economic incentives, and (3) public education. Under unit-based pricing, it was their feeling that each citizen should pay for the solid waste system. Discussion ensued which resulted in the following recommendations to the LOG: 1. The LOG should adopt the five waste prevention options as suggested, including: a. Collection bans b. Differential landfill fees c. NonEconomic incentives d. Public education regarding solid waste issues including disposal, recycling and waste reduction e. Unit-based pricing (pay as your throw plans) or Universal collection of waste and recyclables except no rural yard waste collections (the decision on these alternatives will be made later) 2. The Board of Commissioners strongly supported unit-based pricing as a waste reduction tool. They suggested that a pay-as-you-throw plan for solid waste disposal only (not to include recycling related services) would constitute a strong economic incentive for citizens to reduce solid waste generation and increase recycling participation. 3. The Board of County Commissioners stated that the focus of the solid waste collection program should be on the form and content of materials to be delivered to disposal/landfill facilities and processing/Materials Recovery Facilities (MRFs). Focus on form and content of materials places emphasis on separation of recyclables and solid waste prior to delivery to the appropriate facility and that the mode/method of collection and delivery is not a priority at this time. 4. The Board of County Commissioners recommended that the County's waste reduction and recycling program concentrate on reducing and recycling materials that will provide the greatest impact on waste reduction at the landfill. These would include the following: a. Commercial waste sector - commercially-generated mixed paper, old corrugated cardboard (OCC) and old newspaper (ONP) b. Single-family and multi-family residential sectors - mixed paper 5. Consider interim arrangements to extend current landfill capacity Commissioner Willhoit said that when talking about universal collection, the emphasis is on collection and not the form and content of the waste that is delivered and not how it is picked up. Commissioner Crowther mentioned that there could be a charge for waste but not for recyclables. Commissioner Gordon feels it is important to have some cost felt by everyone for all solid waste garbage and not for recyclables which would provide the incentive to recycle. John Link said that these principal elements will be conveyed to the other municipalities and he will ask that County staff come up with some alternatives on how to use universal collection or convenience centers or combination of both. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to forward to the LOG the recommendations as listed above. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to authorize the staff to develop options on the pay-as-you-throw option and the universal collection option. VOTE: UNANIMOUS D. DISCUSSION OF LANDFILL REORGANIZATION WORK GROUP RECOMMENDATIONS This item was delayed to August 5, 1996. E. DRAFT ORANGE COUNTY OPEN SPACE DESIGN GUIDEBOOK This item was delayed to August 5, 1996. F. EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE - EFFECTIVE DATE A motion was made by Commissioner Willhoit, seconded by Chair Carey to reconsider the decision on the amendment to the Educational Facilities Impact Fee Ordinance that was taken on June 3, 1996. VOTE: AYES, 3; NOS, 1 (Commissioner Gordon) A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to re- enact the Orange County Educational Facilities Impact Fee Ordinance specifying an effective date of July 1, 1996 for the June 3, 1996 amendments. VOTE: AYES, 3; NOS, 1 (Commissioner Crowther) Colleen Carlucci Adams, President of the Homebuilders Association and local Realtor and builder, told the County Commissioners that the Town of Carrboro has set June 17 as the date that all requests for building permits must be received by their planning department in order to be processed before the July 1, 1996 effective date. John Link said that according to Manager Bob Morgan, they have a backlog of applications and cannot guarantee that applications submitted after June 17 will be processed in June. Bob Morgan has indicated they will do as many as possible. It was decided that a letter will be sent to Carrboro encouraging them to process all applications received in June before July 1. G. VOTING DELEGATE DESIGNATION FOR NACo AND NCACC There was a consensus of the Board that Chair Carey will be the voting delegate for the NACo annual conference and Commissioner Crowther will be the voting delegate for the NCACC meeting in August, 1996. X. REPORTS - NONE XI. APPOINTMENTS A. COUNTY SEAT ON THE CHAPEL HILL PARKS AND RECREATION COMMISSION AND THE LIBRARY BOARD OF TRUSTEES This was delayed until the August 5, 1996 meeting. B. OTHER APPOINTMENTS A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to appoint Margi Shoff ner Rice to the ABC Board of Directors for a term ending June 30, 1999. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to reappoint Randy Brantley, Polly Johnson and Lori Ann Shapiro to the Adult Care Home Community Advisory Committee for two year terms ending June 30, 1998. VOTE: UNANIMOUS XII. MINUTES -NONE XIII. CLOSED SESSION -NONE XIV. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting at 11:05 p.m. The next regular meeting will be held on Monday, August 5, 1996 at 7:30 p.m. at the Orange Grove Community Center in Caldwell. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk