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HomeMy WebLinkAboutMinutes - 19991207MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS December 7, 1999 The Orange County Board of Commissioners met in regular session on Tuesday, December 7, 1999 at 7:30 p.m. in the F. Gordon Battle Courtroom, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W Brown, Moses Carey, Jr., Stephen H. Halkiotis, and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert KittrelI, and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) NOTE: Chair Gordon said that she felt very honored about serving as Chair for the past year. She is very proud of the work that got accomplished this year. She is particularly happy about the Facilitated Small Area Plan for Carrboro's Northern Study Area, the Interlocal Agreement for Solid Waste Management, and the budget process. She is also very grateful for the support of the Commissioners. BOARD ORGANIZATION a. Election of Chair and Vice Chair Commissioner Carey was elected as Chair and Commissioner Halkiotis as Vice Chair. Commissioner Halkiotis said that he feels that the selection of Chair and Vice Chair should be on a rotation schedule so that every member gets an opportunity to serve. He urged the Board to think about this for discussion at their retreat in January. b. Designation of Voting Delegate for all NCACC and NACo Meetings for Calendar Year December 1, 1999-2000 A motion was made by Commissioner Brown, seconded by Chair Gordon to nominate Commissioner Carey as voting delegate for all NCACC and NACo Meetings for Calendar Year December 1, 1999-2000. VOTE: UNANIMOUS APPOINTMENTS a. Manager A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint John Link as County Manager. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to reappoint Beverly Blythe as Clerk to the Board. VOTE: UNANIMOUS C. County Attorney A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to reappoint Geoffrey Gledhill as County Attorney. VOTE: UNANIMOUS d. Board Member Appointments (See list under separate cover) Chair Carey mentioned that he is no longer the Chair of the Justice and Public Safety Steering Committee at NACo, he is the Vice Chair. Commissioner Brown said that she has been going to the Adult Care Home Community Advisory Committee meetings. She also switched with Commissioner Jacobs on the EDC; she is the alternate and Commissioner Jacobs is the representative. Chair Carey said that the short-term task forces should not be on this list. Commissioner Jacobs said that he would like to talk at the retreat about how the Board could communicate with one another better with what they are doing on the advisory boards. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the Board member appointments as amended. VOTE: UNANIMOUS 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Halkiotis said that the size of tonight's agenda is daunting. He would like to set up a task force to find a better way to do agenda packets. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to add Resolution B, Appointment of the Orange County Tax Collector to the agenda and to accept the additional information for item 8m. VOTE: UNANIMOUS 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Carey said that these matters would be considered as the Board addresses the items on the agenda. b. Matters not on the Printed Agenda Sam Brooks, a local realtor, said that she is an advocate for affordable housing. She has been on the Orange County Planning Board and is currently on the EmPOWERment Board. She said that affordable housing needs are not going to be met with a one-time grant or an expensive bond issue. She spoke in support of a housing trust fund. She asked that one cent of the property tax rate be permanently dedicated to provide affordable housing for families that work in Orange County. Chair Carey said that the issue of a trust fund would be subject to a public hearing. Sharon Reid spoke in support of the housing trust fund. She said that she also stands in support of any monies that could be allocated to ensure housing for people with mental disabilities. Ruby Sinreich, a member of the ABODE Advisory Board and an organizer of the Martin Luther King Coalition, spoke in support of the housing trust fund. She said that Orange County has a very special and local affordable housing problem. She said that she likes this proposal because people with the least ability to pay have the least burden. She distributed some brochures about the housing trust fund. Beth Floyd said that she was able to purchase a completely refurbished home in Carrboro for $85,000. She was able to do this with the help of EmPOWERment, Inc. and a federally funded mortgage assistance program. She wants other people in the community to have the same opportunity that she had. Commissioner Brown asked if by consensus the Board would ask staff to look at what has been presented about the housing trust fund and to come back in January with information on how the Board could address the affordable housing issues. She suggested that those groups involved with affordable housing be invited to a summit and talk about what type of housing should be targeted and what the groups are trying to accomplish. She would like the staff to comeback with this information in January or February. Commissioner Halkiotis agreed with Commissioner Brown. He said that he feels it is important to formulate a plan to look at options for affordable housing. He feels that this groundwork needs to be done before the budget cycle. Chair Carey said that this issue would be discussed at the Board's goal setting retreat. John Link asked if the staff could bring this issue back the second week in February. Commissioner Brown asked for information on the creation of the five-year housing plan. She noted that this is the last year of that plan. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis extended his annual holiday greetings. Commissioner Halkiotis said that he and Commissioner Jacobs met with Congressman David Price last week. This is the beginning of participating more in the lobbying effort with both the officials in Washington and Raleigh. Commissioner Jacobs said that he and Commissioner Halkiotis talked to Congressman Price about cooperative ventures with Durham in acquiring open space as well as support for local agricultural activities and funds for urgent repair. He said that Congressman Price was receptive to all three issues. Commissioner Halkiotis said that he and Commissioner Jacobs would like to set up a meeting with two of Durham County's Commissioners and talk about open space and recreational opportunities. He proposes after the first meeting that two other Orange County Commissioners attend. After this is done with Durham County a meeting needs to be set with Alamance County. Commissioner Halkiotis said that he understands the meeting with Mebane is set up. He is against a meeting with Mebane in a private residence. Commissioner Halkiotis said that in last Sunday's News & Observer there was an article about air quality and he asked the Clerk to make copies and distribute to the Board. He asked that the County Engineer bring back a report and that the Board join the Governor of North Carolina in his effort to improve air quality. Commissioner Gordon said that she hopes that at some point the Orange County Board of County Commissioners will meet with the Durham County and City elected officials and the Board agreed that this should happen. Commissioner Gordon made reference to the floor plans and the material from the groundbreaking of the R. D. and Euzelle P. Smith Middle School and requested that the Board receive a copy. Commissioner Gordon said that she attended a Greater Triangle Regional Council meeting, and they have, along with the Triangle J Council of Governments drawn up a memorandum of understanding. The representation of elected officials has been changed to include eight instead of ten. Three of the representatives are going to be Triangle J COG officers, and the other five will be appointed by Triangle J COG. She said that the representation was changed because the representatives were not attending meetings and the members wanted a closer association between Triangle J and the Triangle Regional Council. Commissioner Brown asked John Link about complaints from hunters this year. She has had several phone calls from people who felt like hunters were either very close to their property or shooting into their property. John Link will follow up with a report to the County Commissioners. Commissioner Brown made reference to a meeting of the Adult Care Home Community Advisory Committee and said that she was very disturbed about the information the Committee collected on Adult Care homes in Orange County. She said that this information was now available on the Internet. She said that the Committee would be giving a report at the County Commissioners' goal setting retreat. Commissioner Jacobs thanked Commissioner Gordon for being a fair and hard working Chair. He wanted to bring to the Board's attention three items in a memo from the Health Director. The Animal Protection Society is suspending their request to the Board regarding inhumane leg traps. He would like Geof Gledhill to research laws to see if the County Commissioners can legally outlaw trapping in Orange County. Also, the Board received a letter of complaint about customer relations at the shelter. He suggested making the issue of improving customer relations at the shelter an agenda item. Commissioner Halkiotis asked if there was a law that when an animal is adopted that the person adopting the animal must sign a statement that the animal will be kept inside the house. John Link said that the Health Director is working through the issues which have been identified and will come back in January with a report. Geoffrey Gledhill said that the agreement that the County has with APS has always stipulated that APS may set their own rules and regulations. What is being suggested tonight is that the County Commissioners may want to have input into the policy from which the rules and regulations are generated. He will provide a copy of the APS agreement and policies to the County Commissioners. Commissioner Jacobs said that the Health Department is doing well testing related to perceived threats from the landfill. He wants to be sure that the Health Department's costs are addressed in a proper manner. He feels that this would help in determining the total cost of landfill management. Commissioner Jacobs made reference to the Livestock Ordinance and the Health Board's idea of how it wants to proceed in setting up a group to discuss the ordinance. He suggested that this be put on the agenda for January 18th for discussion. Commissioner Jacobs mentioned that he is on the State's Smart Growth Task Force. He would welcome any input on issues. He thanked Ben Evans for covering the County as a reporter. Chair Carey said that he attended a reception honoring the retirement of Hilliard Caldwell. Commissioner Gordon said that a letter was sent on behalf of the County Commissioners commending Alderman Caldwell. Chair Carey said that an outstanding public servant, Gloria Williams, passed away suddenly over the weekend. He asked for a moment of silence in recognition of the hard work that she put in over the years in representing the interests of the poor, the elderly and disenfranchised people of Orange County. 4. COUNTY MANAGER'S REPORT John Link made reference to the Health Choice Coalition and said that the Orange County DSS and Health Department received an honorable mention for their collaboration with all of the community agencies and their unique approach in having 14 sites for service around the County. He recognized Health Director Rosemary Summers and Social Services Director Marti Pryor-Cook and their staffs. John Link mentioned the Y2K update that was in the Manager's memo. He said that he tried to respond to questions and concerns expressed by the County Commissioners last month. He said that everyone is going to be on alert and standby on December 31St as if preparing for a natural disaster. There are backup and contingency plans for serving the frail, elderly, and disabled who might be in crisis situations. He believes that the service provision questions that were raised have been addressed. 5. RESOLUTIONSIPROCLAMATIONS a. Introduction of Bond Order for Issuance of Two-thirds Net Debt Reduction Bonds The Board considered authorizing the bond order for the issuance of two-thirds net debt reduction general obligation bonds, setting a public hearing date, and authorizing the finance director to file a sworn statement of debt. John Link said that at the November 16th meeting, the Board adopted a resolution authorizing the staff to pursue the issuance of two-thirds net debt reduction general obligation bonds totaling 2.8 million dollars. The proceeds will be used to finance the major renovations for the Whitted Human Services Center and the Northern Human Services Center. The staff is asking that the Board officially introduce the bond order. Once the title is read for the record, the Board needs to set a date for the public hearing, and the recommended date is January 18, 2000. Chair Carey read the title as follows: "Bond order authorizing the issuance of general obligation public building bonds of Orange County, North Carolina, in the maximum amount of $2,846,000." Chair Carey stated that the final action on this bond order would be taken at a future meeting after the public hearing date of January 18, 2000. Commissioner Jacobs asked if the public hearing would be an appropriate time to make some kind of presentation as to what the two renovation projects are going to be, and he was told yes. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the introduction of the bond order. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to set the date of the public hearing as January 18, 2000 and to authorize Ken Chavious to file a sworn statement of debt. VOTE: UNANIMOUS b. A Resolution Appointing the Orange County Tax Collector John Link introduced Jo Ann Roberson as the new Tax Collector for the period January 4, 2000 through June 30, 2001. This period would allow her to complete Ginger Rolfe's two-year appointment that expires June 30, 2001. The Board has been consistent in pursuing two-year appointments in the past. He summarized her extensive qualifications and experience in Guilford and Rockingham Counties. He stated that her annual salary would be Grade 76 Step 2D, which is $47,520. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Jo Ann Roberson as Orange County Tax Collector for the period January 4, 2000 through June 30, 2001 as stated in the resolution below: A RESOLUTION APPOINTING JO ANN ROBERSON AS ORANGE COUNTY TAX COLLECTOR FOR THE PERIOD JANUARY 4, 2000 THROUGH JUNE 30, 2001 Whereas, Ms, Ginger Rolfe has tendered her resignation as Orange County Tax Collector after more than four years of service to Orange County and its citizens; and Whereas, the Orange County Manager has recommended that Ms. Jo Ann Roberson be appointed to complete Ms. Rolfe's current two-year term as Orange County Tax Collector, effective January 4, 2000, based on Ms. Roberson's extensive qualifications for that office in terms of training and experience; and Whereas, Ms. Roberson has indicated her strong desire to be appointed to that office as indicated; Now, Therefore, be it resolved that the Orange County Board of Commissioners, as provided for under Chapter 105-349 of the North Carolina General Statutes, does hereby appoint Jo Ann Roberson as Orange County Tax Collector, effective for the period January 4, 2000 through June 30, 2001; and Be it further resolved that Ms. Roberson shall be compensated by an annual salary associated with Grade 76, Step 2D of the Orange County Salary Schedule, which is currently $47,520; further, that Ms. Roberson shall be entitled to all other pay and benefits as are made available to other permanent County employees under the provisions of the Orange County Personnel Ordinance. VOTE: UNANIMOUS S. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS a. Public Hearing and Resolution to apply for and enter into an Agreement with the N.C. Department of Transportation for Community Transportation Program (CTP) Funds The Board received citizen comments on an application for Community Transportation Program funding with the N.C Department of Transportation, authorized the annual resolution to apply, and approved submission of the application. Department on Aging Director Jerry Passmore said that the annual application involves continuous support for the administrative operations for the transportation program and capital assistance to replace the vehicles that are part of the program. The total amount requested is $477,053. The capital funds will cover $323,543, and there is a local 10% match for those state and federal funds. The administrative funds are $153,510, and there is a 15% match requirement. He said that the Community Transportation Program provides assistance to coordinate existing human service transportation programs in Orange County that involve a minimum of 14 different organizations that the County is involved with on a regular basis and to provide general public transportation funds. The money provided for capital assistance is to replace six vehicles as follows: one 23-passenger lift equipped minibus, one 14-passenger lift equipped van, one 14-passenger standard van, and three 32-passenger school buses. The money will also be used to replace nine two-way radios, a mobile base unit, and paving the Northern Orange Park n' Ride lot. Commissioner Brown made reference to an item on the consent agenda that includes the Orange County Transportation Priority List and said that it has an item for a Park n' Ride lot in the Economic Development District at Buckhorn. She asked about the difference between these two lots. Jerry Passmore said that the two projects were different, but he was not sure about the project at Buckhorn. Commissioner Jacobs made reference to page seven and asked about Angels on Wheels and Jerry Passmore said that this is a local, private, for-profit agency that operates a van to serve the community. Commissioner Jacobs said that he continues to have some concerns with the parking at the Whitted Center and would like to see a plan for that building. John Link said that a letter would be forthcoming on the parking at the Whiffed Center. Commissioner Brown said that Chapel Hill is looking into solar buses and has received a grant. Jerry Passmore said that he could pursue a separate funding application for solar buses. Commissioner Jacobs suggested asking the Innovation and Efficiency Committee to look at how the County does business from an environmental perspective, and said that this would certainly include recommendations about the motor pool. No comments were received from the public. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to close the public hearing and approve the submission of the FY 2000-2001 application for NCDOT Community Transportation Program funds and authorize the Chair to sign the Annual Resolution statement and Special Section 5333(b) Warranty as stated below: RESOLUTION ORANGE COUNTY SEEKING PERMISSION FOR CTP FUNDING, ENTER INTO AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND TO PROVIDE THE NECESSARY ASSURANCES Whereas, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and Whereas, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and Whereas, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community, and agency involvement, services design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and full allocated costs analysis); and Whereas, Orange County hereby assures and certifies that it will comply with the federal and state Statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. Now, Therefore, be it resolved that Orange County is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications, and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. VOTE: UNANIMOUS 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the consent items as listed on the agenda below: a. Appointments The Board approved the following appointments: Cable TV Advisory Board - Rodney Recor for a term ending 12/31/2002. Human Relations Commission - Geno Pichette and Evie Bankov for terms ending 6/30/2000; Christina Moon for a term ending 6/30/2001 and Stanley Lee Foushee, Jena Matzen and Teresa Hanson for terms ending 6/30/2002. 12115/2002. Nursing Home Community Advisory Committee - Anne H. Skelly for a term ending OPC Mental Health Board - Sandra G. Herring for a term ending 12/31/2000 and Bruce Capehart, John T. Stewart, and Virginia Purbrick for terms ending 12/31/2002. b. Minutes This item was removed from the Consent Agenda for separate consideration. c. Budget Amendment #5 This item was removed from the Consent Agenda for separate consideration. d. Change in BOCC Meeting Schedule The Board approved changes to their public hearing February 21, 2000, and a regular rr e. meeting schedule adding a joint planning area March 14, 2000, to its regular meeting schedule. i nis item was removea Trom me uonsenT Hgenaa Tor separate consiaerauon. f. Extended Contract with Orange EMS and Rescue to Provide Transportation Services for 90 Days. The Board extended for 90 days the existing contract with Orange EMS and Rescue Squad for ambulance transport services. .qL Personnel Ordinance Revision - Shared Leave The Board approved updating the County's shared leave policy by extending the present policy to cover the instance of an employee who needs time off from work to care for a member of the employee" immediate family (spouse, parent, or child) who has a serious health condition. h. Petition for Addition - Still Brooke Place, Winter Sweet Place, Meadow Wind Lane in Eno and Hillsborough Townships The Board approved a petition from NCDOT for approval of the addition of Still Brooke Place, Winter Sweet Place and Meadow Wind Lane in Eno Township to the state-maintained secondary road system. i. Petition for Addition - Greystone Lane and Bluestone Court in Chapel Hill Township The Board approved a petition from NCDOT adding Greystone Lane and Bluestone Court in Chapel Hill Township to the state-maintained secondary road system. L Petition for Addition - Jomali Drive - Eno Township The Board approved a petition from NCDOT adding Jomali Drive in Eno Township to the state-maintained secondary road system. k. Petition for Addition -Acorn Ridge Trail (extension of SR 1631), Deerhaven Court, Eno Township The Board approved a petition from NCDOT adding Acorn Ridge Trail and Deerhaven Court in Eno Township to the state-maintained secondary road system. 1. Petition for Addition - Mill Pointe Lane, Cedar Grove Township The Board approved a petition from NCDOT adding Millpointe Lane in Cedar Grove Township to the state-maintained secondary road system. m. Late Applications for Homestead Property Tax Exemption This item was removed from the Consent Agenda for separate consideration. n. Application for Property Tax Exemption The Board approved a property tax exemption request in accordance with the resolution that is incorporated herein by reference. o. Property Value Changes The Board approved property value changes in accordance with the resolution that is incorporated herein by reference. p. Property Tax Refunds The Board approved four requests for property tax refunds in accordance with the resolution that is incorporated herein by reference. q. Criteria for Parkland Acquisitions The Board approved criteria for evaluating parkland acquisitions as developed by the Joint Recreation and Parks Work Group and revised at the November 22, 1999 Board of County Commissioners meeting, r. School/Park Reserve Report The Board approved the Board's School/Park Reserve Committee findings as updated and revised November 22"d s. Approval of Option to Purchase Land - Cheeks Township The Board approved exercising an option to purchase 62.7 acres in Cheeks Township from Duke University under a grant in the amount of $143,000 from the Clean Water Management Trust Fund. t. Orange County Priority List for the 2002-2008 Transportation Improvement Program DCHC MTIPI This item was removed from the Consent Agenda for separate consideration. u. Disposal of Surplus Computers The Board authorized staff to dispose of 20 surplus computers. v. Dissolution of Orange County Solid Waste Committee The Board approved formally dissolving the Orange County Solid Waste Committee. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Minutes A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes as corrected for April 21, 1999 budget work session, April 26, 1999 budget work session, May 4, 1999 regular meeting, June 3, 1999 budget presentation and public hearing, June 30, 1999 special meeting, August 31, 1999 work session, September 8, 1999 special meeting, September 14 work session, September 29, 1999 meeting continued from September 21, and September 30 work session. VOTE: UNANIMOUS c. Budget Amendment #5 The Board considered budget amendments, grant project ordinances, and capital project ordinances that are incorporated herein by reference. Commissioner Brown asked about item two under "Amendments for Items Included in the 1999-09 Capital Investment Plan". She said that there was a reference that this is for the Glenwood Elementary School renovations and asked for clarification. John Link said that the renovations included in the amendment would be the first stage that would cover the planning, architect, and engineering costs. Commissioner Brown asked what the potential total costs would be and was told that it would be approximately $1.5 million. She said that she was looking at the Chapel Hill-Carrboro School Board agenda and part of the long-range capital plan was to eliminate Glenwood and Estes Elementary Schools. John Link said that this item could be deferred to the meeting with the school boards next week. Commissioner Halkiotis agreed with Commissioner Brown about spending money on a facility that is going to be abandoned. Commissioner Jacobs made reference to item 9e, Cost-efficient Facilities Initiatives (CEFI) for Buildings Constructed Using County Funds, and said that he wants to be sure that item would be applied to this project. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve all except item #2 of the budget amendments. (Item #2 will be addressed at the upcoming meeting with the school boards.) VOTE: UNANIMOUS e. Contract Award -Piggyback of Bid for 38-cubic-yard Front Loader Refuse Truck The Board considered a contract award to Lodal-South of Rockingham in the amount of $137,151 to purchase a front-loading refuse truck on a bid piggybacked with a similar bid by the Town of Carrboro. Commissioner Halkiotis praised the staff for taking this opportunity. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to award a contract to Lodal-Smith of Rockingham in the amount of $137,151 to purchase a front-loading refuse truck on a bid piggybacked with a similar bid by the Town of Carrboro. VOTE: UNANIMOUS m. Late Applications for Homestead Property Tax Exemption The Board considered four applications for Homestead tax exemptions for the 1999 tax year. Commissioner Brown said that this item has been on the legislative agenda for the last three years and she feels very strongly about the benefit of this legislation. She asked the Tax Assessor John Smith to describe the Homestead Property Tax Exemption program. John Smith said that the Homestead Property Tax Exemption is for anyone who has an annual income of $15,000 or below, and the exemption is for the first $20,000. This only applies to the dwelling that is lived in. The individuals also have to be 65 years of age or older or totally disabled. Commissioner Brown said that she thought that the legislature was going to be asked to increase the annual income requirement. Geoffrey Gledhill said that there is a legislative study committee that is meeting and there will be a recommendation to the general assembly to increase the property amount to $25,000. He feels that something will come out of the next general assembly session. Commissioner Brown said that she feels that the Homestead Property Tax Exemption is one of the ways that the elderly citizens can be protected from having to dispose of their property prematurely. Chair Carey said that there is going to be a presentation of the consensus recommendations from the groups at the County Commissioners' Association regarding this issue next Monday at the Albert Coates Building. He said that a part of the consensus recommendation includes a rollback at the point of disposal of the property. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve the late applications for the Homestead Property Tax Exemption in accordance with the resolution that is incorporated herein by reference. VOTE: UNANIMOUS t. Orange County Priority List for the 2002-2008 Transportation Improvement Program The Board considered the Orange County Priority List for the 2002-2008 Transportation Improvement Program that includes the Board's priorities for transportation needs. Bill Crowther spoke about project U3808, the Elizabeth Brady Road extension, which would connect 70 Business with U.S. 70 Bypass, which continues to be on the list and is supported by NCDOT. He said that this connection would require a multi-lane bridge crossing over the Eno River over the largest portion of the flood plain and would be the largest bridge crossing to date. This is on Hillsborough's TIP list but has never received a unanimous vote from the Town of Hillsborough. He asked the County Commissioners to look into why this continues to be on the TIP for Hillsborough. Commissioner Jacobs said that he would like for the County to look at both of the bypasses that Hillsborough has recommended, both east and west. These bypasses have an impact on County citizens and the County's land use plan. Commissioner Jacobs suggested a discussion of the bypasses by the County Commissioners before discussing them with the Town of Hillsborough. He made reference to page three of the agenda abstract where it says, "Orange County is opposed to any widening of 1-40 through Orange County unless there is a commitment by NCDOT to provide HOV and/or dedicated bus lanes." He asked if this was the appropriate place to put the concerns that the Board asked the staff to take to the information workshop. Planner Karen Lincoln said that those concerns could be added to the priority list. She said that the primary purpose of this document was to request the projects that the Board wanted to be a priority. Commissioner Gordon suggested attaching to the priority list the letter to the Transportation Advisory Committee, which is on page 10 of the agenda abstract. This letter indicates that the County's number one priority project continues to be improvements to Homestead Road to address school safety issues. Included with this letter will be a list of the other priorities that lie outside the Durham-Chapel Hill- Carrboro Metropolitan Area including highway, transit and bicycle improvements. The Board decided by consensus to attach the letter mentioned above to the Transportation Advisory Committee to the Orange County Transportation Priority List for 2002-2008. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the Transportation Priorities list as amended. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Appointments The Board considered appointments to the Board of Health, Mebane Planning Board, Orange County Planning Board, Orange Water and Sewer Authority, Soccer Symposium Task Force, Solid Waste Advisory Board, C&D Recycling Task Force, Community College Task Force and Innovation and Efficiency Committee. Board of Health Commissioner Gordon reported that Jonathan Kein was the new Chair of the Board of Health. She said that he contacted her about the Board of Health appointments. Jonathan Kline has requested that consideration of the appointment of the pharmacist position be deferred until the Board of Health has a chance to make a recommendation. She suggested deferring the Board of Health appointments to the County Commissioners' meeting on February 1, 2000. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to defer the Board of Health appointments to the County Commissioners' meeting on February 1, 2000. VOTE: UNANIMOUS 10 Mebane Planning Board A motion was made by Commissioner Brown, seconded by Commissioner Gordon to accept the recommendation of the City of Mebane to appoint John F. Albright to the Mebane Planning Board for a term ending 7/30/2003. VOTE: UNANIMOUS Orange County Planning Board A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to nominate Crauford Goodwin to the Orange County Planning Board. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint Crauford Goodwin to the Orange County Planning Board for a term ending 3/31/2002. VOTE: UNANIMOUS Orange Water and Sewer Authority Commissioner Jacobs recommended deferring consideration of appointments to the Orange Water and Sewer Authority. He would like to speak with some of the candidates. Commissioner Brown has some concern about deferring the appointments because she was under the impression that there was some urgency in appointing someone as soon as possible. Commissioner Halkiotis said that if the Commissioners are going to be interviewing candidates, it should be stated up front. He thinks that there are many boards that are just as important as the Orange Water and Sewer Authority. He said that if the rules are going to be changed about appointments, a framework should be set up. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to nominate Mark Marcoplos for the Orange Water and Sewer Authority. A motion was made by Commissioner Jacobs, seconded by Chair Carey to nominate George Snowden for the Orange Water and Sewer Authority. VOTE FOR MARK MARCOPLOS: Ayes, 3; Nos, 2 (Commissioner Jacobs and Chair Carey) NOTE: Mark Marcoplos was appointed for a term ending 6/30/2000. Soccer Symposium Task Force Commissioner Brown said that some of the applications needed to be more complete. The staff will work on getting more detailed information for the January 18, 2000 County Commissioners' meeting. Commissioner Jacobs will serve on this task force. A letter will be sent to the appointees indicating that a meeting will be scheduled in late January. The Clerk will wait to hear from Commissioner Jacobs before sending the letter to the appointees. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Patrick M. Sullivan, Thomas W. Gentry, Dan Costa, Diana McDuffee, Mark T. Sheridan, George Horton, George Alley, and Anson Dorrance to the Soccer Symposium Task Force. Patrick M. Sullivan and Thomas W. Gentry will be the co-representatives for the Orange County Recreation and Parks Advisory Council. VOTE: UNANIMOUS Solid Waste Advisory Board Michael L. Babuin and Roger Barr were added to the list for the Solid Waste Advisory Board since they are on the C&D Recycling Task Force also. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to appoint Roger Barr to the Solid Waste Advisory Board for a term ending 12/31/2001. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to appoint Michael Babuin to the Solid Waste Advisory Board for a term ending 12/31/2001. VOTE: UNANIMOUS C&D Recycling Task Force Jessica Treat from Habitat for Humanity was added to the list of appointments for the C&D Recycling Task Force. Also, two members from the Solid Waste Advisory Board will be appointed to the task force at the January 18'" meeting. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to appoint James Arndt, Judy Kincaid (non-resident consultant), B. J. Tipton, and Mark Marcoplos to the C&D Recycling Task Force. Also, County Manager John Link, Assistant County Manager Rod Visser, Commissioner Jacobs and Commissioner Brown will be on the task force. VOTE: UNANIMOUS 11 Community College Task Force A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Mary Kruger, Mary Ann Rosenman, Barbara Baker, Rollie Tillman, and Jim Ritchey (non-resident consultant) to the Community College Task Force. Also, Chair Carey and Commissioner Halkiotis will serve on this task force. VOTE: UNANIMOUS Innovation and Efficiency Committee The Board decided to solicit more applications for the Innovation and Efficiency Committee through advertising. Commissioners Halkiotis and Jacobs will serve on this committee as well as Frances Douglass and Jim Goldstein. b. Correspondence to Chapel Hill Town Council Regarding Greene Tract The Board considered the contents of proposed correspondence with the Chapel Hill Town Council concerning rezoning a portion of the Greene tract. John Link said that this letter would formally communicate to the Chapel Hill Town Council the County Commissioners' proposals and concerns regarding the rezoning process. John Link suggested adding a sentence to indicate that the County Commissioners have a joint planning public hearing scheduled for February 21, 2000 where the entire 169 acres will be considered. Commissioner Jacobs shared some editing changes in the letter. He said that there should be a declarative statement at the beginning stating that the Board of County Commissioners prefers not to use the Greene Tract. John Link will incorporate this into the letter. The letter will be revised and distributed to the County Commissioners before it is forwarded to Chapel Hill. c. Long-term Housing Affordability The Board received a report on long-term housing affordability strategies. Housing and Community Development Director Tara Fikes summarized this item. She said that a formal system needed to be established for determining what happens to projects over the long term. She said that the report in the agenda abstract goes back to 1992. Since 1992, 47 families have been assisted under the HOME Investment Partnership Program. Of those 47 families, four families have sold their homes and have had to repay the homebuyer subsidy that was provided. The subsidy had to be repaid because a family who was not considered low-income purchased the house. Commissioner Brown asked for specific information on the houses that were sold to non-low income families. Tara Fikes will provide this information. Tara Fikes said that any subsidy that was paid back to the County would be used to help another first time homebuyer. However, it does not ensure that the particular unit that was originally purchased remains affordable. In the Community Development Block Grant Program, 17 families have been assisted. One of the families has sold the home and repaid the subsidy. Another two families sold their properties, but they sold them to other low-income families and the subsidy was transferred. Commissioner Gordon asked about the homes that were sold at market rates. Tara Fikes said that there were no controls to prevent the homes from being sold at market rate. In the Impact Fee Reimbursement Program, the County requires that, for owner-occupied housing, the property will remain affordable for a minimum of 20 years. However, there is no documentation to make sure the property remains affordable for 20 years. Tara Fikes said that most of the people who have received the impact fee reimbursement have also received some type of federal money from the HOME Program or the CDBG Program and those controls were in place. For rentals, a rental housing certification is required by the organization requesting impact fee reimbursement. Tara Fikes pointed out the evaluation criteria which was approved by the Board of County Commissioners in December 1998. Out of a 100-paint system, ten points were set aside for affordability issues. Commissioner Brown pointed out that Project Feasibility and Community Sponsorship/Support get equal or more points than long-term affordability. She feels that this is not consistent with the Commissioners' goals of long-term affordability. Tara Fikes said that this might be a result of the point system being set up a year ago. She said that there needs to be some discussion between the County and the non-profit organizations about how best to guarantee long-term affordability. 12 A spreadsheet from the Community Land Trust in Orange County was included in the report that shows what happens in the resale formula. Commissioner Brown asked Tara Fikes to explain her recommendations more clearly. She clarified that a methodology needed to be developed, and a document to project the repayment of an impact fee needed to be developed as well. Tara Fikes said that a tracking system for projects needed to be developed as well. Commissioner Brown said that the report did not address how the County would recoup its investment if something happened to the non-profit that the County was working with on a project. Tara Fikes said that this has been addressed for the land trust but not for the other programs. Tara Fikes summarized the strategies to ensure long-term affordability of owner-occupied housing such as full repayment of the homebuyer subsidy, right of first refusal, and fair return/shared equity. She said that the recommendation of the staff is for the Commissioners to look at one of these strategies or a hybrid of these strategies. She said that any kind of affordability strategy definitely limits the benefits the homeownership, particularly wealth building. Also, any strategies that are designed would have to be explained to the homebuyers. John Link pointed out that the Old Meredith Place Preliminary Plan is on the agenda as a decision item because the Board's practice is not to put a subdivision on the consent agenda if there is not a unanimous vote on the part of the Planning Board. If the Board does not act on the preliminary plan tonight, this is the last occasion to approve the subdivision with conditions. John Link said that item 9e, Cost-efficient Facilities Initiatives is something that Commissioners Halkiotis and Jacobs worked on with the staff and the only request is whether or not the Board would like to endorse putting it on the agenda for discussion next week with the school boards. Commissioner Brown would like to address the Meredith Place subdivision before the Housing Bond Program Awards. The Board decided to proceed with the Old Meredith Place subdivision, then Cost-efficient Facilities Initiatives, and then Housing Bond Program Awards. d. Housing Bond Program Awards Commissioner Jacobs said that he has a lot of problems with funding some of these projects right now. He supports what is being done, but he thinks the Board is approving this without a context. In looking at the criteria, he questioned whether these projects would work. He said that none of the projects scored above 70% on a scale that could reach 110 points. He has a lot of questions. He suggested approving the two projects that have a funding deadline and work some on the criteria and put it in a context. Commissioner Gordon asked for an explanation of the Pine Hill Drive project. Tara Fikes said that there are some existing buildings on the site that would have to be demolished to complete the project. Geoff Gledhill said that long-term affordability could be addressed in the development agreement. Commissioner Brown said that she was confused about the application for Pine Hill Drive. EmPOWERment, Inc. Director Myles Presler said that the application was for $90,000 to buy the land and demolish the existing mobile homes. Commissioner Brown said that there should be an environmental component to this project and that trees should be preserved as much as possible. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the two time-sensitive projects, Habitat for Humanity-Efland/Cheeks and EmPOWERment, Inc. - Pine Hill Drive, and defer the remainder of the projects until a later time. Commissioner Gordon thinks that the Board should try hard for even better long-term affordability than is given in these projects. She hopes that the motion to approve would be with the understanding that the staff will endeavor to get long-term affordability for these projects. Myles Presler requested that the Board of County Commissioners approve the Pine Hill Drive project with the provision that there will be a 40-year deed restriction, that if the property sells within 40 years the entire subsidy is repaid, and that EmPOWERment, Inc. would have the ability to form an agreement with the staff that a check would be in hand before February 2000. John Link suggested that the staff work with Mr. Presler between now and the meeting next Monday night with the school boards and try to come up with a proposal that will accomplish the needs of both parties. 13 Chair Carey clarified that the motion is to approve the Habitat for Humanity - Efland/Cheeks project and the EmPOWERment, Inc. - Pine Hill Drive project and that the funds cannot be transferred until the details of the development agreement are worked out to address long-term affordability. VOTE: UNANIMOUS Project Title Funding Recommendation Number of Units Land Acquisition i. Habitat for Humanity - Efland/Cheeks $460,000 44 single family dwellings ii. EmPOWERment, Inc. - Pine Hill Drive $90,000 4 condominiums e. Cost-efficient Facilities Initiatives (CEFI) for Buildinas Constructed Usina Countv Funds The Board approved a concept for maximizing the cost effectiveness of County building projects. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to endorse the Cost Efficient Facilities Initiatives and request that the Manager include the item for discussion at the School/Commissioner work session on December 13, 1999. VOTE: UNANIMOUS f. Old Meredith Place Preliminary Plan Planning Director Craig Benedict said that this item has been reviewed for approximately 11 months by the Planning staff before he arrived in the County. He distributed a chronology of where the subdivision has been between the staff and Planning Board. The staff believes that this subdivision has gone through a thorough review. Robert Davis summarized the composition of the project. He said that the concept plan was approved by a 5-3 vote and was not unanimous as noted on the agenda abstract. He made a correction on the resolution on page six, condition #10, and said that it should say, "Build to NCDOT standards a center turn lane to the south bound lane of NC 157 at the entrance of Lick Creek Road." He said that the Planning Board and staff are in agreement with the merits of the case. In answer to a question from Commissioner Jacobs, Craig Benedict clarified that the 75-foot buffer would remain on the western edge of the property. Commissioner Jacobs asked how the points of stub out were picked. He asked why there were not any more easements reserved for the possibility of some of the stub outs being the points of connection. Craig Benedict said that since the public roads are being suggested, access points could be provided along the southern section of the eastern portion of the property. He said that there are at least three access points to the parcels. Commissioner Brown said that she noticed that this subdivision was in the Flat River protected watershed and she assumed that it would be two-acre zoning. Craig Benedict said that the County had proposed a two-acre minimum in Flat River, but Person County lobbied the state to pull it out of the watershed restriction two and put it in a watershed restriction three to make it more liberal because Person County wanted a higher development potential in their area. He said that this issue could be addressed again. Commissioner Brown pointed out that a high-density development is not something that should be in the outskirts of the County. She asked about the location of the septic systems. Craig Benedict said that he received a memo from the Health Department on November 23, 1999 that put the type of septic systems that would be on the lots in a matrix system. He said that the Planning Department would work closely with Environmental Health in platting the septic systems. Commissioner Brown would like to add a reference that when Environmental Health reviews the project that ample and adequate repair area is ensured. Commissioner Gordon asked about page 17 and the objections raised by the Planning Board member who was opposed to the project. 14 Craig Benedict said that Mr. Katz thought that the .92-acre size of the lot would put a strain on the septic system, and if there was ever a problem with septic system failure, it would be a burden on the County to go 15 miles out of the urban service area to try to capture a failed system. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the Old Meredith Place subdivision in accordance with the resolution that is incorporated herein by reference. This motion includes the addition from Commissioner Brown that this project be tracked by Environmental Health. Commissioner Jacobs agrees with Commissioner Brown in that this subdivision is an unfortunate density for this part of the County. VOTE: UNANIMOUS g Northern Human Services Center Plan Task Force - Charge. Composition and Timeline The Board was to consider a charge, composition and timeline for the Northern Human Services Center Task Force, but it was postponed to a future meeting. h. Procedures for Boards and Commissions - Ethics Guidelines The Board considered ethics guidelines for advisory boards similar to that used by the Town of Chapel Hill. Commissioner Gordon asked if the Board could formally adopt the language on the Procedures for Boards and Commissions resolution, points 1-11, and defer discussion of the ethics guidelines until another meeting. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adopt the language on the Procedures for Boards and Commissions resolution, points 1-11, and defer discussion of the ethics guidelines until another meeting. VOTE: UNANIMOUS Commissioner Jacobs forgot to mention something in the Board comments. He said that an Agricultural Summit was planned for January 20, 2000 and he realized that to bring the proposal to the January 18, 2000 meeting was too late. He said that some advertising needed to be done. He will bring the outline to the next meeting. 10. REPORTS - NONE 11. APPOINTMENTS - NONE 12. MINUTES- NONE 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to go into closed session to discuss "Pursuant to G.S. § 143-318.11(a)(3) to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board," AND "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). VOTE: UNANIMOUS 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to adjourn the meeting. The next meeting will be held on Monday, December 13, 1999 at 7:30 p.m. in the Boardroom at the Southern Human Services Center, Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk