HomeMy WebLinkAboutMinutes - 04-04-2000APPROVED NOVEMBER 1.2000
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 4, 2000
The Orange County Board of Commissioners met in regular session on Tuesday, April 4, 2000 at 7:30
p. m. in the F. Gordan Battle Courtroom, Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W.
Brown, Alice M. Gordon (arrived at 7:42) and Barry Jacobs
COUNTY COMMISSIONER ABSENT: Stephen Halkiotis
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser, and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately
below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING UVILL BE
KEPT FOR 5 YEARS.
Chair Carey said that both Commissioner Halkiotis and Commissioner Gordon indicated that they
would be late to the meeting.
NOTE: Commissioner Halkiotis did not make it in time for the meeting.
1. ADDITIONS OR CHANGES TO THE AGENDA
The Board Comments were deferred until either Commissioner Gordon andlor Commissioner
Halkiotis arrived.
2. CITIZEN 8~ AUDIENCE COMMENTS
a. Matters on the Printed Aaenda (These matters were considered as the Board addressed the
items on the agenda below.)
b. Matters not on the Printed Agenda
Rosetta Moore, co-chair of the Orange County Complete Count Committee, gave an update on
the initial response of the returns of the United States Census forms. Orange County's response rate at this
time is 53%, which is ninth in the state. The target initial response rate is 71 % and it is not too late to send in
this census form. Rosetta Moore urged everyone that had not turned in their census form to do so by the
middle of April. She gave the number to call for those who did not receive a census form.
Commissioner Brawn asked if there was any break out for the municipalities and the response
rates. Rosetta Moore deferred this question to Craig Benedict.
Planning Director Craig Benedict said that the majority of information is coming in from the
towns. He said that it was hard to get forms to people living in some of the new construction areas and out
tc some of the rural areas. He said that enumerators would be making personal deliveries for the next two
months.
Commissioner Jacobs asked what happened to the other 29°lo if the goal is 71 %.
Craig Benedict said that the numbers are extrapolated from the sample that is received. He said
that the 66% that was received in the 1990 census was still very low. He said that for those people who have
received forms and are on the address list and have not turned in their forms, the enumerators would contact
them.
Commissioner Brawn asked far Ms. Moore to explain to the public why it was so important to
respond to the census.
Rosetta Moore said that it is possible for North Carolina to get another representative to the
United States House and also to receive more funds for education and other areas. She said that there are
plans to put up banners in each of the towns to urge citizens to return their forms. They will also give out T-
shirts in the schools in Spanish, Chinese, and Vietnamese.
Commissioner Gordon arrived at this point of the agenda.
the form.
Commissioner Jacobs clarified that if there was a blank left on the form that it did not invalidate
David Herman said that he feels that taxpayer money should not be used to buy private
property, specifically the Guess Road property that is going to be turned into a park. He said that this was
not an important need facing Orange County. He said that tax reductions were a much more pressing need.
He said that Eno River State Park was right down the road and sees moderate use. He said that the
purchase of this property requires more taxpayer resources, both far the acquisition and management of the
property. He said that he feels that none of this would change until there are district elections. He
commended Chair Carey for actively supporting district elections. He said that with district elections the rest
of Orange County would be represented and at least two of the Commissioners would lose their seats.
PUBLIC CHARGE
Chair Carey read the public charge.
3. BOARD COMMENTS
Commissioner Gordon asked the Manager to prepare for the Board a brief summary of statutory
functions of counties and the recognized optional functions of counties.
Commissioner Brown asked John Link about the one-cent on the tax rate for affordable housing.
John Link said that he needs direction from the Board on this item and that he would ask for this
direction on April 24t"
Chair Carey asked that John Link come forward on April 11~" with a preliminary recommendation on
the one cent increase for affordable housing.
Commissioner Jacobs reported that Commissioner Halkiotis and he met with the mayor and mayor
pro-tem of Durham City in late March. There was a cordial discussion. A number of issues were brought up
such as courtesy review of major projects, recreation, solid waste cooperative efforts, and the extension of
water and sewer into the EDD along US 7a and I-85. They were assured, particularly on the issue of solid
waste and the extension of utilities, that the Durham staff would be directed to work with the Orange County
staff on cooperative efforts. He said that Durham definitely supported Orange County's land use plan.
Commissioner Jacobs said that the Soccer Symposium is scheduled for April 26t" at 7:a0 p. m. at A.L.
Stanback. This will allow the public to get some information about the history of some of the soccer
programming in the County and to express concerns or interests.
Commissioner Jacobs said that we should be very proud that Orange County got the Clean Water
Management Trust Fund monies for the Little River Park that is being done in association with Durham
County, Triangle Land Conservancy and Eno River Association. He said that this was one of the most
unique and cooperative ventures that has occurred in North Carolina to date as far as open space
acquisition and planning. He said that there would be minimal maintenance and low-impact recreation.
Commissioner Jacobs brought a brochure from New Hanover County on their bond issue that is taking
place next month. New Hanover County is proposing a 45 million-dollar bond issue for open space, 75°l0 of
which is for low-impact recreation, and the other 25% of which is for active recreation.
Commissioner Jacobs reported that the State Board of Transportation would shortly be forwarding for
public comment revised subdivision road standards which are supposed to be a lot more flexible and
amenable to recognizing and respecting the individual interests of local jurisdictions in trying to protect the
character of their communities.
Chair Carey informed the members of the Board and the Manager that he spoke with representatives
from the I-85 Buckhorn area, and they identified some concerns related to water quality, etc. They also have
a need to ensure that the land use plan is protected so that they do not have to suffer some of the off-site
effects that development is presenting. He has asked the representatives to attend the Board of County
Commissioners meeting on May 4t" and make a report on their concerns.
Chair Carey congratulated the County Attorney, Geoff Gledhill, because his daughter Johanna has
received a leadership scholarship for Montreat College.
Commissioner Jacobs thanked Chair Carey for meeting with the citizens in the Buckhorn area. He
thinks this sends a message to Mebane that the Commissioners are willing to address issues in a prompt
fashion.
Commissioner Brown said that Congressman David Price met with a group at the Skills Development
Center on Franklin Street last Friday. There were representatives from about seven or eight agencies that
co-exist in the facility and it was a very pleasant meeting with Congressman Price. Many concerns were
shared with Congressman Price about various job-related issues and the difficulties in the federal programs.
She said that the Durham Tech classes were in full swing, so Congressman Price was able to see how
active the facility is in serving the needs of the citizens.
4. COUNTY MANAGER'S REPORT
John Link called on Finance Director Ken Chavious to give a report on the bond sale that took place
today.
Ken Chavious said that there was a very successful sale of the County's bonds today totaling
$40,175,000. He said that there were four aggressive bidders -First Union, Wachovia, Bank of America,
and Smith & Barney. Wachovia was the winning bidder at a rate of 5.288%. At the time of the sale, the
band buyer's index, the benchmark for band sales, was at 5.74°fo. This indicates that the County's credit is
very good. He gave Beverly Blythe some information on purchasing County bonds in case citizens called for
this information.
John Link gave the number to call at Wachovia for any citizens who were interested in the bonds.
Commissioner Brawn asked about the band rating the County received.
Ken Chavious said that this year the County used three major rating agencies. He said that the Fitch
rating agency gave the County atriple-A rating the first time around. Moody's and Standard and Poor's
maintained the double-A plus and double-A one ratings.
Commissioner Jacobs asked for the difference between the bond-buyers index rate and the rate that
the County received and how much difference that would be over the life of the bonds.
Ken Chavious said that the difference was very significant and he would get the specific information.
5. RESOLUTIONSIPROCLAMATIONS
a. Orange County Senior Games
The Board considered proclaiming April 25 -May 3, 2000 as Orange County Senior Games
Events Days.
Terry Colville gave a summary of the proclamation. She said that the reason this proclamation
is being requested is because the organizers of the Senior Games would like to have the support and
recognition of the Orange County Commissioners for this program because it promotes health and wellness
for the older adults in Orange County.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and
authorize the Chair to sign the proclamation as stated below:
PROCLAMATION
ORANGE COUNTY SENIOR GAMES
Whereas, According to recent population figures, there are more than 18,734
persons aver 55 years of age in Orange County; and,
Whereas, Orange County is concerned about the health, fitness, and social
Well-being of its mature adult population; and,
Whereas, Orange County Senior Games provides a special opportunity for mature
Adults to grow positively in the areas of health, fitness and social well-being;
And,
Whereas, Orange County would like to encourage local businesses and resident support and participation
from county residents age 55 and older;
NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April
25 -May 3, 2000 as
ORANGE COUNTY SENIOR GAMES EVENTS DAYS
AND ENCOURAGES CITIZENS AGE 55 AND OVER TO PARTICIPATE.
VOTE: UNANIMOUS
b. County Government Week
The Board considered proclaiming April 9-15, 2000 as Orange County Government Week.
Sharron Hinton said each year the National Association of Counties and the North Carolina
Association of County Commissioners encourage all counties to proclaim a week as County Government
Week where an awareness can be promoted among the community about local government operations. For
the past 10 years, there has been a program in the schools called, "An Official for the Day." Students are
matched with department heads and staff and are mentored for the day to get an overview of County
government. In the afternoon there is a mock Commissioners' meeting, where the students serve as
Commissioners and they address various issues that the County Commissioners are addressing.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the proclamation as stated below:
Orange County Government Week
April 9 -15, 2000
PROCLAMATION
WHEREAS, Orange County Government is committed to improving the communities in which
residents live, work, play and raise families; and
WHEREAS, Orange County Government is flexible and adaptive in providing services, and is
able to provide county-wide and regional solutions to the most pressing of
challenges; and
WHEREAS, The quality of life for residents is dependent upon choices that accommodate all
citizens while preserving the community; and
WHEREAS, By providing citizens with a safe and healthy community, Orange County officials
demonstrate their commitment to addressing citizen concerns and needs; and
WHEREAS, As we enter the 21 sr century, Orange County Government will continue to serve the
citizens with an emphasis on maintaining a high quality of life for all.
Now, therefore, we, the Orange County Board of Commissioners
hereby proclaim the week of April 9 -15, 20D0 as
VOTE: UNANIMOUS
Orange County Government Week.
c. Read-a-Week Proclamation
Lucy Lewis, Director of Orange County Literacy Council and member of the Orange County
Reads Project, said that last year the County Commissioners were initiators for this project along with the
County school systems. A number of community partners have joined in an effort to develop a more
comprehensive, holistic literacy strategy in Orange County. The goals are to eliminate adult illiteracy in
Orange County and to help encourage and prepare parents to help their children succeed in school. They
distributed 25,000 informational brochures to all of Orange County's school children, developed banners for
the public libraries, and distributed bumper stickers. The long-term goal is to create a more positive climate
in Orange County about literacy. Read-A-Week is part of the awareness effort and the Orange County
Literacy Council is encouraging every business, every faith community, and every workplace to take some
time to read.
Commissioner Brown commented that at the Skills Development Center on Franklin Street,
citizens could go and use the Literacy Council for help.
Lucy Lewis said that the Literacy Council was also available to help people in reading their
census forms.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve
and authorize the Chair to sign the proclamation as stated below:
READ-A-WEEK PROCLAMATION
WHEREAS, The Orange County Board of Commissioners, the Orange County School Board, the Chapel
Hill-Carrboro School Board and numerous community agencies have launched a countywide literacy
initiative, ORANGE COUNTY READS, to bring public notice to the importance of reading and to maximize
community and school resources to strengthen parental literacy skills to further maximize the opportunities
far school-age children to succeed; and
WHEREAS, ORANGE COUNTY READS is sponsoring the county's first Read-A-Week; and
WHEREAS, This event will take place April 10-17, 2000 with its sponsors hoping to reach every citizen and
resident in Orange County; so
NOW, THEREFORE, Be it resolved that the Orange County Board of Commissioners do hereby proclaim
April 10-17, 2000 as Read-A-Week in Orange County and urge all citizens to support this most worthwhile
effort to make literacy a traditional part of our countywide activities.
VOTE: UNANIMOUS
d. Public Health Month Proclamation
Chair Carey commended the Health Department for their outstanding work in the midst of the
Rubella outbreak in Orange County.
Health Director Rosemary Summers said that Public Health Month has been a national
recognition month for about 10 years. She said that this month was an opportunity to educate the citizens
about public health. She said that the Health Department did not have enough press out there and the
public did not know enough about what the Health Department does every day. There are a variety of
activities planned and a handout was in the agenda packet. She distributed buttons for the Commissioners
to wear to create awareness about Public Health Month.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the proclamation as stated below
PUBLIC HEALTH MONTH
Zoaa
BY THE COMMISSIONERS OF ORANGE COUNTY
A PROCLAMATION
WHEREAS, we hereby recognize and acknowledge 120 years of public health service to the
residents of Orange County, and the immeasurable contribution of these services to the quality
of life in our County; and
WHEREAS, the benefits of the public health approach exist everywhere, everyday, for everybody,
regardless of religious, ethnic or socioeconomic background; and
WHEREAS, public health has the unique responsibility and expertise necessary to ensure that Orange
County's community is a healthy place in which to live; and
WHEREAS, public health measures to control and eliminate infectious diseases, improve environmental
sanitation, and promote healthy lifestyle practices have been the greatest cause of improved health status
and increased life expectancy for Orange County's residents in this century; and
WHEREAS, the role of autonomous, local boards of health remains critical to the development and
Implementation of sound public health policy and protection of the public health interests of our
communities; and
WHEREAS, the public health legacy of health promotion and disease prevention must be fully and
adequately maintained throughout the 21 st century in order to realize the human and financial benefits
possible with the public health approach;
NOW, THEREFORE, the County Board of Commissions of Orange County does hereby proclaim
April 2DD0, as "PUBLIC HEALTH MONTH" in Orange County, and urge our residents
to recognize that public health is working everywhere every day and for everybody, and to participate in
events celebrating this important occasion.
VOTE: UNANIMOUS
e. Proclamation for Public Safety Telecommunicator Week
The Board considered proclaiming the week of April 9-15, 2000 as Public Safety
Telecommunicators Week.
Gwen Snowden, Deputy Director of the Communication Center, said that the Governor has
proclaimed the week of April 9-15 as Public Safety Telecommunicators' Week in recognition of the hard work
that is done throughout the state. She requested that the week of April 9-15 be proclaimed as Public Safety
Telecommunicators' Week in Orange County in recognition of the hard work that is done far the citizens in
Orange County.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the proclamation as stated below:
PUBLIC SAFETY TELECOMMUNICATORS' WEEK
APRIL 9-15, 2000
A PROCLAMATION
WHEREAS, Thousands of dedicated Telecommunicators daily serve the citizens of the United States
and Canada by answering their telephone calls for law enforcement, fire, and emergency medical services
by dispatching the appropriate assistance as quickly as possible; and
WHEREAS, The critical functions performed by professional Telecommunicators also include those
related to forestry and conservation operations, highway safety and maintenance activities, and many other
operations performed by federal, state and local government agencies; and
WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of
these communication systems through their leadership and participation in training programs and other
activities provided by the Association of Public Safety Communications Officials and the National Emergency
Number Association; and
WHEREAS, These associations are organizations of more than 10,000 people engaged in the design,
installation and operation of emergency response communications, has set aside the week beginning April
9, 2000, to recognize Telecommunicators and their crucial role in the protection of life and property; and
WHEREAS, James B. Hunt, Governor of North Carolina, has proclaimed the week of April 9-15, 2000, as
Public Safety Telecommunicator Week in North Carolina;
NOW, THEREFORE, we the Orange County Board of Commissioners hereby proclaim the week of April 9-
15, 2000, as "National Public Safety Telecommunicators Week" in Orange County, North Carolina, in honor
and recognition of our County's Telecommunicators and the vital contributions they make to the safety and
well being of our citizens.
VOTE: UNANIMOUS
f. Resolution of Appreciation for Volunteers Serving on County Boards and Commissions
The Board considered a resolution of appreciation for volunteers serving on County boards and
commissions.
Chair Carey read the resolution.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the resolution as stated below:
RESOLUTION
VOLUNTEER RECOGNITION
IN
ORANGE COUNTY
Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other
organizations to provide needed services to county residents; and,
Whereas, volunteers contribute greatly to the enrichment of our communities and help make Orange County
a better place to live; and,
Whereas, volunteers are an invaluable asset to Orange County departments and agencies, and their service
contributes to the cost effectiveness and efficiency of government operations; and,
Whereas, volunteers strengthen and reinforce the democratic process by giving of their time to help solve
community challenges; and,
Whereas, during April the Board of County Commissioners will show its appreciation to its dedicated
volunteers by presenting each with a lapel pin with the inscription "I make a Difference."
Therefore, the Board of County Commissioners thanks our volunteers for their community spirit, expertise,
dedication and commitment to the citizens of Orange County.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS -NONE
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve those
items on the Consent Agenda as stated below:
a. Motor Vehicle Property Tax Refunds
The Board approved a refund in accordance with the resolution that is incorporated herein by
reference relating to one request for a motor vehicle tax refund.
b. Classification Plan Amendment -Social Work Supervisor I and Social Work Program
Manager The Board amended the Orange County classification and pay plan to establish a new
class of Social Work Supervisor I at salary grade 70, to change the title of the existing Social Work
Supervisor at salary grade 71 to Social Work Supervisor I I, and to establish a new class of Social Work
Program Manager at salary grade 73.
c. Bricewood Acres Subdivision -Preliminary Plan
This item was removed and considered at the end of the Consent Agenda.
d. Authorization of the RSVP Three-year Renewal Application and Agreement
The Board approved an application for athree-year renewal of federal grant funding for the
Retired and Senior Volunteer Program and entered into an agreement with the Corporation for National
Service for $124,158 in federal grant funds for the period July 1, 2000 through June 30, 2003 and authorized
the Chair to sign.
e. Authorize Submission of New RSVP Project on School-based Literacy Assistance
The Board approved the submission of an application for $10,778 in federal grant funds to the
Corporation for National Service to provide school-based literacy assistance.
f. RFP Award -Printing of the Chapel Hill/Orange County Visitors Guide
This item was removed and considered at the end of the Consent Agenda.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
c. Bricewood Acres Subdivision -Preliminary Plan
The Board considered a preliminary plan for the proposed Bricewood Acres subdivision, located
on a 27.04-acre tract near the intersection of Governor Scott and Mill Creek roads in Cedar Grove Township.
Commissioner Jacobs questioned the nature of the stream buffer and how it connected to open
space and adjoining properties. He asked about one of the circles in the drawing and if it was a pond. He
also had some questions about having a pond on several properties and how it would be maintained. He
asked about the note indicating that dwellings are prohibited on a portion of lot #15.
Planning Director Craig Benedict said that each subdivision plan that is submitted to the County
is submitted both as a conventional plan (no open space requirement) and a flexible plan (at least 33% open
space is required). In this case both a conventional plan and a flexible plan were submitted and the staff and
Planning Board approved both of the plans. The developer chose the conventional plan with no open space.
He said that any environmental areas, such as the stream buffer, could be incorporated in the lot. He
showed on a map the lots and said that the lot sizes were down to .9 acres. Since this project is subdivided
by a water quality critical area to the east, the only development that could occur is on the western side of
the line on lot 15. The developer has used the amount of density that could be created within the critical
area, so lot 15 lies within the protected watershed. He said that the pond would be filled in and would not be
part of this development plan. A future road will go through the pond area. In regards to the stream branch,
the staff still has the opportunity, as development continues deeper into the Upper Eno critical area, to
suggest open space planning for flexible development to preserve the stream buffer. Also, incorporated in
this conventional plan, there is a stub out of a public road to future undeveloped properties to the south.
Chair Carey asked about the difference in the number of lots and Craig Benedict said that there
would be 15 lots in the flexible plan and 15 lots in the conventional plan.
Commissioner Brown made reference to the fiscal impact analysis and asked about the net loss
between expenditures far County public services and the revenues that would come from this subdivision.
Craig Benedict said that the fiscal impact analysis needed to be updated. It has not been
updated to include the current rates.
Commissioner Jacobs said that he has a problem with accepting the payment in lieu instead of
the stream buffer.
Craig Benedict said that at this location it did not seem that the staff was ready to suggest
dedication of one acre versus payment in lieu in this case. He said that the staff is continuing to look at the
best way to handle preservation of these areas.
Commissioner Gordon agrees with Commissioner Jacobs' concerns.
A motion was made by Chair Carey to approve a preliminary plan for the proposed Bricewood
Acres subdivision, located on a 27.04-acre tract near the intersection of Governor Scott and Mill Creek roads
in Cedar Grave Township.
THE MOTION DIED FOR LACK OF A SECOND.
Commissioner Jacobs would like some more detailed information about how this fits into
adjoining waterways and properties. He would like the staff to talk to Mr. Phelps and Mr. Yuhasz about
whether there might be another approach to protecting the stream buffer.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to send the
preliminary plan for Bricewood Acres back for additional information.
VOTE: AYES, 3; NO, 1 (Chair Carey}
f. RFP Award - Printing of the Chapel HilllOrange County Visitors Guide
The Board considered awarding a bid to Hickory Printing of Raleigh in the amount of $28,386 for
the printing of 40,000 Orange County visitor guides.
Commissioner Jacobs asked if the brochures went to the welcome centers on the interstates.
He suggested that these brochures go to the welcome centers outside of the County.
A copy of this brochure will be distributed to the members of the Board.
Commissioner Gordon clarified that the County pays for all of the expenses of the brochure.
A copy of this brochure will be brought back to the meeting on April 11 rn
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Long-term Housing Affordability Policy
The Board considered approving along-term housing affordability policy.
Housing and Community Development Director Tara Fikes said that this policy has been
developed to present to the Board strategies that would promote the Commissioners' interest in retaining
properties that have been assisted with public funds in the County's affordable housing inventory. She
started on page two with the impact fee reimbursement program. She gave examples of the strategies for
ensuring long-term affordability, including the impact fee reimbursement program, the land trust model, and
the new and existing first-time homebuyer program. She made reference to equity sharing and said that if
during the period of affordability a buyer chooses to sell their property, the County will ask them to sell the
property to another qualified homebuyer. If the seller chooses a qualified buyer, they are able to retain 100%
of the equity of the sale. If the seller does not sell the property to a qualified buyer, therefore losing the
property from the affordable housing inventory, the equity obtained from selling the property must be shared
with the County 5a-5a. She made reference to a letter from EmP~WERment stating that the equity sharing
should be based on a proportionate share model. On page eight, there is a comparison of doing 5o-5a
equity sharing versus a proportionate share model.
Chair Carey clarified that the only real distinction between EmP~WERment's proposal and the
County's proposal is in who purchases the property. In EmP~WERment's proposal, it does not make a
difference who purchases the property, the equity will be proportionate based on the relative contributions of
the owner and the County.
Commissioner Gordon said that the County would get no interest money for the $3a,aa0
contributed to the loan. She said that $30,aoa was a lot of money to not have any interest money. Also, she
said that it was very likely that if a home was sold to anon-qualified buyer, the price would be higher which
would make the equity higher. She has a problem with letting a home go non-affordable and sharing the
equity proportionately. She said that this was a tremendous taxpayer investment.
Myles Presler from EmP~WERment said that he supports Chair Carey's proposal. He said that
EmPOWERment's concern about the recommendation was based on the understanding that if the home
was sold at all, that 5a% of the appreciation had to be split with the County. He said that EmPUWERment
would encourage the County to modify the proposal such that regardless of whether the home is sold to an
income-eligible family, that each family has to repay the public investment plus a proportionate share of the
appreciation that is built on the property during the tenure of ownership. He apologized for the statement
because it was based on a misunderstanding.
Commissioner Brown made reference to the Land Trust model and asked what would happen if
the land trust went out of business or no longer functioned.
County Attorney Geoffrey Gledhill said that when the community land trust that exists now was
created, the articles of incorporation called for the property in the event of dissolution of the corporation to go
to another non-profit corporation. He has reviewed the documentation and recommended that the articles of
incorporation be amended to provide that, upon dissolution, all of the assets would go to a similar purpose
non-profit corporation.
Commissioner Brown would like to talk about the land trust soon.
Jahn Link said that the staff still strongly recommends their proposal on equity sharing because
the main intent is to keep the unit affordable.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve
the Long Term Housing Affordability Policy.
Commissioner Jacobs asked if Mr. Dowling, from the Grange Community Housing Corporation,
had anything to add to this discussion.
Mr. Dowling said that he feels that the County's proposal is fair. He said that the proposal would
entice the seller to sell the unit to an income-qualified buyer.
Commissioner Jacobs asked if there was any mechanism for helping someone who is selling the
property to identify a buyer who is qualified.
Tara Fikes said that through the right of first refusal, that would give the information that the
property is available for the market and anon-profit or the County could purchase it. She said that mast of
the non-profit organizations that are involved in first-time homeownership programs have a list of
organizations that are involved in affordable housing.
Commissioner Gordon clarified that the period of affordability was 99 years for the land trust
model and for the new and existing first-time homebuyer programs. She thinks the Board should revisit the
impact fee reimbursement issue because in the owner-occupied housing, it is only affordable for 2a years.
Tara Fikes said that the section on impact fee reimbursement could be amended to say that the
period of affordability would be 99 years.
Commissioner Gordon asked about the return on investment when the property changed hands
if the equity was unusually high.
John Link said that if the property is sold to a qualified buyer then the unit is retained as
affordable and the equity is still going to be fairly low.
Geoff Gledhill said that the objective was to keep the housing affordable, and if the marketplace
will do it, then the County does not have to.
Commissioner Brown would like to include in the motion that the 2a-year period of affordability in
the impact fee reimbursement would be changed to 99 years. She feels that the County should come up
with a revolving fund to go along with this program. She would like the staff to came back with
recommendations for a revolving fund at the housing work session.
Commissioner Gordon suggested including in the motion that this program would be evaluated
within two years with a report of all of the transactions that take place.
The motion is to approve the Long Term Housing Affordability Policy, to adopt the 99-year policy
far the impact fee reimbursement, and include an evaluation of the program by the end of two years.
VOTE: UNANIMOUS
Jahn Link explained the sequence of issues regarding affordable housing that the Board would
be discussing in the coming month.
Commissioner Brown mentioned that she needed to meet with Commissioner Jacobs to discuss
the results of the housing summit and try to come up with an organization of the comments that were made.
b. Community Revitalization Program
The Board considered approving revised operational guidelines for the community revitalization
loan program.
Tara Fikes said that the guidelines for this program were brought to the Board in February,
suggesting some revisions to the Community Revitalization Loan Program. This program provides funding
for acquisition and rehabilitation of existing properties. This funding rolls over into a direct second mortgage
for the qualified homebuyers. This program has been funded in the past using HOME money. She said that
in February the Board asked for some additional information and she explained the four points that are in the
agenda abstract. She said that the County has spent approximately $240,000 to date on this program.
Commissioner Gordon asked about the affordability period. There were places on pages three,
four, and five that had the affordability period as 20 years and 40 years.
Tara Fikes said that the original affordability period was 20 years in the guidelines. She went
back into the document and changed it to 40 years and overlooked some corrections that needed to be
made.
Commissioner Gordon said that the period of affordability should be 99 years if it is consistent
with the policy that was just approved.
Tara Fikes verified that she would change the document to say that the period of affordability
would be 99 years with a 40-year deferred loan with a deed of trust and promissory note.
Commissioner Gordon made reference to page six under "Property Value" and read the
sentence, "The value of the identified property to be acquired by a homebuyer must have a value that does
not exceed 95% of the area median purchase price for that type of housing." She said that this value could
be very expensive.
Tara Fikes said that the rates were set by HUD.
Commissioner Brown said that she was interested in the environmental issues. Her concern is
that these issues will be ignored.
Commissioner Brown asked about the list of properties that were renovated.
Tara Fikes said that the level of rehabilitation varied with each property.
Commissioner Brown clarified that EmPOWERment and Orange Community Housing
Corporation were the only two organizations that applied for this program.
Commissioner Jacobs made reference to page six and suggested a sentence to add to the
deconstruction portion as follows: "In the case of rehabilitation projects, deconstruction methods will be
considered to capture the greatest possible amount of materials for reuse in that or other projects."
There was a consensus that the revisions will be incorporated and brought back to the County
Commissioners for further review as soon as possible.
Myles Presley thanked the County Commissioners for allowing EmPOWERment to use these
funds. He asked that the County Commissioners act quickly to approve this plan so that HOME funds could
be released. He encouraged the Commissioners to consider raising the income limit to 80% of median
income.
c. A Lands Legacy Program for Orange County
The Board considered adopting a policy to provide a program for natural and cultural resource
land acquisitions.
Environmental and Resource Conservation Director David Stancil gave an overview of the
Lands Legacy Program. He noted that this is a voluntary program where staff will be looking for willing
sellers. He explained why this program is important. The County has lost as much as 25°to of prime forest
land since 1980. Farming land and natural areas have been lost in the County to development. He listed
the larger landowners in Orange County including Duke University, OWASA, UNC, Eno River State Park,
Hillsborough and Orange County. He explained the general criteria used to identify potential land
acquisitions. In terms of funding options, the preliminary CIP does address the Lands Legacy Program and
has 4.6 million dollars allocated over ten years. The County has already been working with the Triangle
Land Conservancy and the Eno River Association. He listed four guiding principles for implementation. He
said that he has taken the Board's response from October and February and developed some
recommendations. He said that the staff would propose to develop an annual action plan. He would like to
bring an interim action plan to one of the next meetings for the Board's review. The recommendation is that
the Board discuss any of the changes that need to be made and adopt a resolution that would make the
Lands Legacy Program the County's policy for land acquisition.
Commissioner Jacobs said that he believes that one of the most important things that the
government can do for its citizens is protect these kinds of lands and leave a legacy for others. He thinks
that some of the efforts that were recently initiated are very much in keeping with these goals of preserving
some of the areas of Orange County.
Commissioner Jacobs asked about the properties that Orange County awns and if there are any
signs such as, "No Hunting" or "County Property."
David Stancil said that there are not any signs at this point, but there is a plan to have them.
Commissioner Jacobs made reference to page 28 and evaluative criteria and said that there
was nothing in that section of the document that speaks to the imminence of the threat. He suggested that
this be included in this section. He made reference to page 32 about the staffs working together to develop
a parallel program far acquisition through the development process and David Stancil clarified that this
included the payment in lieu programs and transfer of development rights.
Commissioner Jacobs said that he hopes that the Board's concerns as spoken tonight about the
Bricewood Acres subdivision would be referred back to the Planning Board and the Parks and Recreation
Board. He would like to move the discussion in a little bit different direction from just accepting payment in
lieu as often as in the past.
Commissioner Jacobs made reference to page 35 and the dedicated surcharge and asked if this
was for any fund. David Stancil said that it would be to any fund in addition to the taxing authority.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve
adopting the resolution as stated below which provides a program for natural and cultural resource land
acquisitions.
A RESOLUTION ESTABLISHING A PRIORITIZED RESOURCE LANDS ACQUISITION
PROGRAM ENTITLED, "A LANDS LEGACY PROGRAM FOR ORANGE COUNTY"
WHEREAS, in June of 1998, the Orange County Board of Commissioners did agree to the intent of creating
a "Comprehensive Resource Acquisition Program" to prioritize and acquire natural and cultural resource
lands of strategic significance in Orange County; and
WHEREAS, the Board of Commissioners held a public hearing on a new Environment and Resource
Conservation Department, including this land acquisition program concept, on November 22, 1998; and
WHEREAS, the Board of County Commissioners has recognized the need for a prioritized and voluntary
program for the County to acquire, by various methods, important natural and cultural resource lands; and
WHEREAS, the Board is cognizant of the many other similar efforts undertaken in 1998-99 by local
governments around the nation, and of proposals by other local governments within North Carolina and the
Research Triangle region to establish open space preservation programs:
NOW, THEREFORE, BE IT RESOLVED:
That the Orange County Board of Commissioners do adapt a land acquisition program entitled, "A Lands
Legacy Program for Orange County" (hereinafter the "Lands Legacy program"), as developed by County
Environment and Resource Conservation Department staff and County preservation-related advisory boards
in 1999, and refined by direction of the Board of County Commissioners in October, 1999 and April, 2000.
BE IT FURTHER RESOLVED that the Lands Legacy program will be the County's mechanism of preserving
important natural resource lands, cultural resources, farmland, parklands and watershed riparian buffers,
and is hereby incorporated into Orange County's policies as the County program for land acquisitions, as
designated in the program presented April 4, 2000, as amended by the Board.
VOTE: UNANIMOUS
d. 1999-2000 Capital Protects Update and Approval of Ordinances
The Board received an update on the funding status of approved capital projects for the County
and the school systems, and considered approval of capital project ordinances for the Chapel Hill-Carrboro
schools and Orange County.
Assistant County Manager Rod Visser said that the staff is asking the Board to take two specific
sets of actions. The first action relates to funding for Chapel Hill-Carrboro City School projects, specifically
providing an appropriation so that the Glenwood Elementary renovation project can get into full swing. The
Chapel Hill-Carrboro Board of Education has approved construction contracts for this project, and there was
already $950,000 worth of 1997 bonds that were programmed with the understanding that the Chapel Hill-
Carrboro Board of Education would have to look at some of its other projects and come up with some
savings to fund the full construction casts. The Chapel Hill-Carrboro Board of Education has identified same
savings and is proposing to transfer $277,000+ in savings from the Scroggs Elementary project to cover the
renovation. The action for the Board is to adopt the project ordinance to appropriate the funds for the
Glenwood Elementary renovations and adopt the project ordinance that would reallocate funds and reduce
the project allocation for the Scroggs Elementary project.
The second set of actions is to implement the County capital projects that were approved in the
CIP last summer.
Commissioner Brawn questioned the costs on Scroggs Elementary and Pathways Elementary.
She said that it was important to keep track of the new schools and the full cost. She also asked for a final
figure on East Chapel Hill High School. Rod Visser will provide this information.
Commissioner Gordon wants the 1,000 student figure to be included in the materials giving the
final costs for East Chapel Hill High School.
Commissioner Jacobs asked for final figures on some of the schools built in both systems. He
made reference to page three and asked if the County owned the animal shelter. Rod Visser said that the
County awns the building and the land is leased.
Commissioner Jacobs asked about the Equipment and Record Storage item.
Budget Director Donna Dean said that the first allocation of $69,975 would be for the outside
storage facility for Public Works. The funds left over would be used for record storage far departments that
have not been specified.
Commissioner Jacobs asked if the space study group would look at record storage and John
Link said that they would.
Commissioner Jacobs made reference to page 4 and the protective ground covers at existing
parks and suggested that the County coordinate with the Solid Waste Department to do this in-house.
Commissioner Brawn asked far figures on school technology and haw much has been spent by
each school system.
Commissioner Gordon made reference to page three and corrected "Environmental Resources
Conservation" to "Environment and Resource Conservation." In regards to the Equipment and Vehicles she
suggested that it be underscored that they be energy efficient and/or alternative fueled vehicles. She said
that she would like some basic information about the schools (i.e., the sizes, how many students, the
capacities, comparisons of new schools and old schools, etc.). She will submit her requests for this
information in writing.
Jahn Link said that he would send the material that has been developed to the Board of County
Commissioners.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to adopt the
capital project ordinances for Chapel Hill-Carrboro City Schools and Orange County.
VOTE: UNANIMOUS
e. Proposed Contract for Student Generation Rate and Impact Fee Studies
The Board was to consider awarding a contract to Tischler and Associates Inc. in an amount not
to exceed $53,400 for student generation rate and impact fee studies. However, this item was postponed.
f. N.C. Health Choice Coordinator Position -Conversion from Time-limited to Permanent
Status
The Board was to consider converting the existing Health Choice coordinator position to a
regular permanent position. However, this item was postponed.
10. REPORTS
a. Report on Travel and Tourism/Economic Development Promotional Event
The Board received a report on possible support of a North Carolina travel and
tourism/economic development promotional event on July 4, 2000 in Ottawa, Ontario, Canada.
Mr. Sam Hobgood spoke as a representative of the North Carolina Department of Commerce
and the North Carolina Department of Cultural Resources/Division of Tourism, Sports, and Films. He said
that in February, the Department of Cultural Resources approached the North Carolina Restaurant
Association to work with them in putting together an event at the U. S. Embassy in Ottawa, Canada on July
4th. This is the ninth year for this event. He said that Ambassador Gordon Griffin is a Duke University
graduate, and his wife is a North Carolina native and also a Duke University graduate. They have asked for
North Carolina to host this event this year. Mr. Hobgood has been asked to coordinate the food services for
this event. Last year there were 6,500 in attendance, and this year it is expected that 1,000 will be in
attendance. He is approaching the Orange County Board of Commissioners in an effort to find funding for a
hospitality tent representing Orange County. He would like Orange County to provide the barbecue tent,
with barbecue, slaw, Brunswick stew and hush puppies. He is estimating that this tent would cost between
$15,000 and $19,000. During the event, Governor Hunt and the Department of Commerce will be holding a
weeklong trade mission in Ottawa. He thinks that this is a great opportunity to showcase Chapel Hill,
Carrboro, and Hillsborough, as well as Orange County.
He is doing this as a volunteer and is paying his own way.
Commissioner Jacobs asked where Mr. Hobgood was envisioning getting the rest of the funds
far the Orange County tent.
Sam Hobgood said that he was envisioning getting some grants from the County since it would
be a tourism and economic development opportunity to promote the County. He will be approaching the
Historical Hillsborough group, the tourism board, and the Chambers of Commerce.
John Link will pursue this request with the Visitor's Bureau Director and also the Economic
Development Director.
Commissioner Jacobs asked that any County funds be matched by private entities.
b. School Fundina Options Task Force Report
The Board was to discuss the draft report of the School Funding Options Task Force. However,
this item was postponed.
c. triana sewer tuna - uemana-reiaiea rcevisions to tee scneauie
The Board was to receive a report on the relationship between home size, water consumption
and sewer demand in the Efland area and consider revising the fee schedule for sewer connections.
However, this item was postponed.
11. APPOINTMENTS -NONE
12. MINUTES
The Board was to consider approval and/or correction of minutes from the following meetings: Dec. 7,
1999 regular meeting; Jan. 20, 2000 regular meeting/retreat; Jan. 24, 2000 meeting with the town of
Mebane; Jan. 31, 2000 meeting with the town of Hillsborough; Feb. 1, 2000 special and regular meetings;
Feb. 8, 2000 work session; Feb. 14, 2000 regular meeting; Feb. 21, 2000 joint planning area public hearing;
Feb. 28, 2000 quarterly public hearing; Feb. 29, 2000 regular meeting; and, March 14, 2000 regular meeting.
However, this item was postponed.
13. CLOSED SESSION
The Board was "To consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual public officer or employee or
prospective public officer or employee;" NCGS ~ 143-318.11(a)(6). However, this item was postponed.
14. ADJOURNMENT
The Board decided to adjourn the meeting since there was not an agreement on which item to
address, item 9e or 9f. The meeting was adjourned at 10:40 p. m. The next meeting as listed on the regular
meeting schedule will be held on April 11, 2000 at 7:30 p. m. in the meeting room of the Government Service
Center in Hillsborough, North Carolina.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk