HomeMy WebLinkAboutMinutes - 02-07-2001APPROVED 5115101
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
February 7, 2001
The Orange County Board of Commissioners met in regular session on Wednesday, February 7,
2001 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiatis and Commissioners
Margaret W. Brawn, Moses Carey, Jr., Alice M. Gordon, and Barry Jacobs
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)
1. ADDITIONS OR CHANGES TO THE AGENDA
The Board agreed to add item 8b to consider four changes in the County Commissioners'
regular meeting calendar for the year 2001.
The Board also agreed to add to this agenda a Closed Session Pursuant to GS § 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" in the case of Orange County versus CP&L.
PUBLIC CHARGE
Chair Halkiotis read the public charge.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters not an the Printed Agenda
Doug Zabor, representing the Lake Forest Association in Chapel Hill, presented a petition
to the Board to ask for the Commissioners to waive an Orange County Erosion Control fee. He said
that the Lake Forest Association owns Eastwood Lake in north Chapel Hill. This fee will be placed on
the Lake Forest Association's effort to restore their 48-acre lake. This fee would represent around
$21,000. The Lake Forest Association is a geographically defined, non-profit, homeowner's
association of 328 homes - 48 homes an the lakefront and the rest scattered around. He said that the
lake was sick and dying. Since the last dredging in 1985, the association estimates that Eastwood
Lake has accumulated from 50-80,000 cubic yards of siltation from upstream developments, all
supposedly under the watchful eye of the erosion management group to protect downstream
neighbors. He said that this portion of land is now designated as wetlands, due to the buildup of
siltation. The association's plan this summer is to remove about 50,000 cubic yards, which will cast
the neighborhood 1.2 million dollars. Payment from the residents is voluntary. He said that they were
going to remove siltation that was caused by non-Lake Forest sources and should not have to pay the
fee. There will be no revenue created out of this. He thinks it is quite ironic to have to pay into an
erosion program, the failure of which has caused their problem in the first place. The association has
a restoration engineer, has gained approval from the Corp of Engineers and from all of the state
agencies, and has obtained a special use permit from the Town of Chapel Hill. He also included the
Statement of Justification and Town Council Resolution from the Town of Chapel Hill. This request
was referred to the County Manager for a report and a recommendation.
b. Matters on the Printed Agenda (These matters were considered as the Board addressed
the items on the agenda below.)
3. BOARD COMMENTS
Commissioner Brown asked about writing a thank you letter to the University for their agreement
with OWASA.
Commissioner Jacobs reported that the Library task force would meet again next week. They
hope to have a preliminary recommendation to the County Commissioners for the bond cycle.
Cammissianer Jacobs said that he and Commissioner Brown have been co-chairing the
Affordable Housing Task Force. The recommendations will be coming to the Commissioners at their
March 13t" work session.
Commissioner Jacobs said that the EDD work group would be moving to transportation matters.
He said that the group would meet on February 15t". The appointments far the EDD work group need
to be on the agenda for February 13tH
Cammissianer Jacobs made reference to a legislative breakfast for the Triangle J legislative
agenda on February 26t" at 8:00 a.m. at the Research Triangle Park. He will have some information
to share from this meeting.
Commissioner Jacobs thanked everyone involved with the Agriculture Summit. He encouraged
the County Commissioners to meet with the Farm Bureau who has requested a meeting with the
County Commissioners.
Commissioner Carey asked about the status of the water and sewer service boundary
agreement. Geoffrey Gledhill said that he does have the changes, which will come back to the
County Commissioners before being sent out to the other entities.
Commissioner Gordan asked for a detailed rail map showing the proposed high-speed rail
routes through Orange County. Also, she would like the background information on the County's
position regarding OWASA and Jordan Lake allocation decisions.
Commissioner Gordon said that the Triangle Transit Authority would be attending the February
20tH County Commissioners meeting to give a report.
Commissioner Gordon asked for a report from a meeting held yesterday with DOT.
Chair Halkiotis made reference to the meeting that he and Commissioner Jacobs had with
District Engineer Mike Mills and said that they discussed the EDD transportation component and
areas going south an Churton Street and on US 70A and new NC 86II-85. He said that DOT has
finally decided to repave the stretch of road an Churton Street, right up to the bridge. The County is
trying to develop a working relationship with the District Engineer. Mike Mills is willing to have one of
his staff people work with the EDD transportation committee. He also said that he and Commissioner
Jacobs would be having monthly lunch meetings with the District Engineer to develop more of a
working relationship. Also, the new engineer for Orange County is willing to meet with Craig Benedict
because the County has been getting misinformation from some developers about what DOT has
supposedly been saying. These meetings will remove the barriers so that there will be no
misinformation.
Commissioner Jacobs mentioned that he and Chair Halkiotis also took the District Engineer to
the McGowan Creek Preserve and pointed out that there was no opportunity currently for a western
access. They also talked about traffic lights and if the County could require them of developers. The
District Engineer said that NCDOT could not limit access onto roads, but if the County had an access
policy NCDOT would enforce it.
Chair Halkiotis will contact Howard McAdams and see what the Farm Bureau wants to talk about
with the Commissioners.
Chair Halkiotis made reference to trash that was sent to him that was collected by a citizen
along the roadway. The trash was from Durham. He asked that identification be checked at the solid
waste convenience centers to be sure that those using our facilities are Orange County citizens.
4. COUNTY MANAGER'S REPORT
NONE
5. RESOLUTIONSIPROCLAMATIONS
a. Construction and Demolition Waste Reduction, Recycling and Disposal
The Board considered a resolution on the future approach to managing the construction
and demolition waste stream.
Jahn Link said that the County would need a small C&D landfill, but the idea is to reduce
the amount as much as possible before having to dispose of any C&D material.
Assistant County Manager Rod Visser gave background information an managing the
construction and demolition waste stream. In summary he said that the capacity at the existing C&D
landfill is expected to be exhausted sometime in the spring or early summer of 2002. He said that in
1999 the Solid Waste staff was directed to submit applications to the state for two potential C&D sites
- one in the Little River area and the other in the Eubanks Road area. There was a public hearing an
the two possible sites in September 1999, after which the County Commissioners decided not to
pursue a landfill site in the Little River area. Before deciding about the Eubanks Road area, the
Commissioners decided to look at what types of things could be done to aggressively reduce C&D
materials. This led to the creation of a C&D Waste Recycling Task Force in December 1999. A
report was generated in August 2000. The cornerstone recommendation was the suggestion that the
Board of County Commissioners consider a more aggressive regulation of recyclable materials,
particularly C&D waste, and that an ordinance be put in place that would promote more aggressive
reduction and recycling of C&D materials. At the January 29, 2001 work session, the Board looked at
three possible alternative resolutions. This resolution reflects the changes and suggestions that the
Commissioners made at the work session, focusing an reducing the C&D waste and using a small
C&D landfill adjacent to the current solid waste operations to deal with the residual materials.
Commissioner Gordon made reference to page three, the third bullet under "Be it Further
Resolved", which reads, "Authorize the Manager to proceed with acquisition and committing of this
site." She asked far an explanation. Rod Visser said that all of the bullets relate to the state
permitting process. The third bullet addresses giving the staff the direction to go ahead and pursue
additional agreements for the property.
Public Comment
Laurie Flowers, Director of Government Relations of the Chapel Hill-Carrboro Chamber of
Commerce, said that in October they considered this issue -the Commissioners' stand on the C&D
waste site as well as the solid waste ordinance that is being crafted. She said that the Chamber
passed a resolution that was passed on to the Board that they support the County's efforts in
recycling and a C&D landfill in Orange County. They are concerned about illegal burning and
dumping and the money that would be spent transporting the waste out of the County. They have
been meeting with Gayle Wilson and his staff and working on an ordinance that is as user friendly as
possible and will still meet the State requirements. She said that the business community and the
users in general are working together to make the C&D landfill work from the government side and the
private sector.
Commissioner Brown asked that an overall design plan be included in the resolution.
Chair Halkiotis asked about the revenues from C&D and stressed that these revenues
which total approximately $800,000 a year are used to pay for the recycling efforts in Orange County.
Commissioner Jacobs reiterated that the siting of any C&D landfill must be accompanied
by an aggressive regulatory and recovery program. He also stressed that there should be a
partnership with the neighbors on Eubanks Road and the County.
Commissioner Carey suggested that verbiage be added to incorporate Commissioner
Brown's concern about the aesthetic development of the plan. He suggested the following language:
"Direct the Manager to incorporate an aesthetic development plan and to coordinate with the landfill
neighbors." Commissioner Brawn agreed with this addition.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
approve and authorize the Chair to sign the resolution as amended and stated below:
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION OF INTENT TO DEVELOP A NEW, SMALL CONSTRUCTION AND DEMOLITION
LANDFILL AND RELATED RECYCLING AND PROCESSING FACILITIES AND ACTIVITIES AS
PART OF A MASTER SOLID WASTE SITE PLAN AT EUBANKS ROAD
WHEREAS, the existing construction and demolition landfill located on Eubanks Road is expected to
reach capacity in the spring-summer of 2002; and
WHEREAS, the Board of Commissioners is committed to a 61 percent waste reduction goal in
Orange County by the year 2006; and
WHEREAS, abroad-based Construction and Demolition Waste Recycling Task Force that
included members of the construction industry recommended that the Board of Commissioners
support increased regulation and related infrastructure for recycling and recovery of construction and
demolition waste; and
WHEREAS, the Board of Commissioners has indicated intentions to reduce and recycle increased
amounts of construction and demolition materials in the future; and
WHEREAS, the Board of Commissioners has recognized the need for a new local and
environmentally sound construction and demolition waste disposal option; and
WHEREAS, the Board of Commissioners has concluded that the siting of any construction and
demolition landfill must be accompanied by an aggressive regulatory and recovery program;
WHEREAS, the Board of Commissioners has examined several potential sites far a new landfill, with
only one candidate site remaining under consideration; and
WHEREAS, the Board of Commissioners has given careful consideration to the issue of construction
and demolition disposal:
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners endorse
development of a new construction and demolition landfill in Orange County which, as part of a
master plan that emphasizes reduction and recycling activities, will assure an environmentally sound
and convenient option for managing the residual materials from local generators of construction and
demolition waste.
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners designate the
Eubanks Road site (Tax Map References: 7.18..27, 7.18.. 27E, and 7.18..27F) adjacent to existing
solid waste facilities as the location for the new construction and demolition landfill.
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners:
• authorize local government approval of the site in conformance with .0504(1}{e){I),
• authorize the Director of Planning to provide a zoning letter in conformance with .0504{1)(e)(ii),
• authorize the Manager to proceed with acquisition and permitting of the site,
• direct the Manager to develop a solid waste facilities master plan that would integrate aesthetics
as a design priority, consistent with the high standards of the Eubanks Road community, and
• direct the Manager to coordinate with the landfill neighbors regarding the development of the site,
keeping them informed and involved throughout the development process.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS
a. Orange County Consolidated Housing Plan Update
The Board received public comments on the housing and non-housing needs to be
included in the 2001-2002 annual update of the Consolidated Housing Plan for housing and
community development programs and proposed uses of 2001-2002 HOME funds.
Housing and Community Development Director Tara Fikes summarized the information in
the agenda. She said that this item is being presented to receive comments about the annual update
to the Consolidated Housing Plan. The last plan was submitted in May 2000, which outlined the
housing needs of very low-income and law-income families in Orange County. The plan identified the
following strategies:
•:• the provision of rehabilitation assistance to low and very low-income homeowners and
renters
:• facilitate the construction of new housing units for owner occupancy as well as the
construction of rental housing for very low and low-income families
•:• the creation of transitional housing units, and
•:• assistance to local non-profit human service agencies who are providing a continuum of
housing options for special populations (i.e., elderly, disabled, mentally ill, and persons with
AIDS}
The second part of the public hearing is to receive comment on the proposed use of
HOME funds. There will be approximately $484,000 available to the County far the HOME program.
Eligible activities include property acquisition, new construction, housing rehabilitation, and rental
assistance. The HOME Program Review Committee has designed an application farm far those who
are interested in utilizing HOME funds in the coming year. The applications will be due by February
23`d. Copies of the application were available at the meeting.
Commissioner Jacobs said that the County should take credit for having Mebane in
Orange County. He said that on page three there should be prices of housing in incorporated and
unincorporated parts of the County. Also, on page five, the barriers to affordable housing, he
suggested adding, "lack of incentive for or interest on the part of private developers to provide
affordable housing."
Public Comment
Chris Moran, Executive Director of Inter-Faith Council for Social Service, said that a
number of quality things were happening with regards to affordable housing in Orange County. He
said that the Affordable Housing Task Force has done a great job and there will be some positive
results from it because of all of the different partners involved. He distributed a document that lists
some ideas, experiences, and recommendations that he thinks should be part of the consolidated
housing plan. He gave a short report on the Continuum of Care. He gave some examples of the
need for affordable housing. Some of his recommendations are as follows: a serious intention to
improving housing conditions and opportunities for mobile home residents including ample, adequate,
and sanitary mobile home parks; consultation and resources for families who are interested in
providing in-home care, including affordable housing for older adults; and insisting that a better mix of
affordable housing is planned and provided by developers for future projects, particularly rental units
that are in short supply. He read the draft vision statement for the Continuum of Care: "Over the
longer term, the Continuum of Care Committee seeks to eliminate homelessness and to promote
creation of an adequate supply of permanent affordable housing. As we work collaboratively to attain
this vision, we will help individuals and families to achieve their goals and live as members of the
community. We will establish an integrated approach to service, with strong interconnections and
communications among all of the institutions whose work affects the homeless. We will develop a
balanced system of services, focusing on the particular needs of the homeless, including strong
advocacy and access to an array of needed support services, such as long-term employment, living
wages, training, benefits, counseling, quality health, and mental health care."
Mark Chilton, Director of Empowerment, Inc., proposed that $100,000 of the HOME funds
be used for neighborhood revitalization activities. These funds would go to support second
mortgages to make housing rehabilitation projects in economically distressed neighborhoods mare
affordable to first-time low to moderate-income homebuyers. He also proposed that $50,000 be used
for the acquisition of affordable rental housing. He supports what the other entities are asking and
feels that there is an opportunity, with the HOME funds, the bond funds, and the $250,000 set aside
by the Commissioners, to have all of the organizations funded for all of their projects.
Susan Levy, Executive Director of Habitat for Humanity, asked for $12,500 of the HOME
funds to help with a house that they are now building in Efland. This would fully fund the request from
last year. She also asked for $20,000 in the form of a grant as a joint request with the Land Trust of
Orange County for a home they will be building on a lot in Carrboro. The lot needs a lengthy sewer
extension. The final request is to create a fund of $150,000 to be used for land for affordable housing
to be used by any non-profit provider.
Robert Dowling, Executive Director of the Orange Community Housing Corporation,
requested $80,000 of HOME funds during the 2001-2002 fiscal year to subsidize the development of
thirty-two condominiums at Meadowmont. He thinks that Meadowmont is a wonderful opportunity for
affordable housing. His second request is far two joint ventures. He asked for $40,000 to purchase
land for two homes on Dillard Street in Carrboro, $20,000 for site costs on a lot in Carrboro where
Habitat for Humanity will be constructing a home, and $150,000 of HOME funds to create the land
acquisition fund.
Commissioner Brown made reference to Meadowmont and asked if Eastwest Partners had
contributed anything to help with the building of the units. Robert Dowling said that Eastwest Partners
had contributed some of their building expertise and helped in putting together the budgets. In
addition, Eastwest Partners has worked as a liaison with the developer of The Village Center
(adjacent retail center} to encourage them to work with Meadowmont in ways that will enhance the
development. One example is that The Village Center has agreed to allow Meadowmont's dumpsters
on their site.
Commissioner Brown said that Meadowmont and Eastwest Partners are going to make a
considerable amount of money from this development and it would be very nice of them to support the
community's effort for affordable housing. She would like to see more aid from Eastwest Partners.
Robert Dowling said that he thinks Eastwest Partners will continue to be very helpful.
Ted Parrish, from the Pines Community Center, said that there will be 18-20 lots on Merritt
Mill Road that they will be able to develop. He requested $117,000 for this project.
Maria Hatig, from OPC Mental Health, requested some HOME funds to continue to acquire
and rehabilitate properties within Carrboro and Chapel Hill for the chronic mental ill population. The
request is for $100,000.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close
the public hearing.
VOTE: UNANIMOUS
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve
those items on the consent agenda as stated below:
a. Appointments
The Board approved the following appointments to the Carrboro Northern Transition Area
Advisory Committee, Chapel Hill-Orange County Visitors Bureau and Information Technology
Committee.
Carrboro Northern Transition Area Advisory Committee
Reappoint Kathy Kaufman for the term ending January 31, 2004.
Chapel-Hill Orange County Visitors Bureau
Appoint Pat Evans and Lawrence Walters for the term ending December 31, 2003.
Reappoint Nancy Davis and Creston Woods for the term ending December 31, 2003.
Information Technology Advisory Committee
Appoint Jane Sparks for the term ending December 31, 2001 and Ian Worthington for the
term ending December 31, 2003.
b. Change in Board of County Commissioners Regular Meeting Schedule
The Board changed its regular meeting schedule to add a meeting with the Orange County
legislative delegation, the Adult Care Home Community Advisory Committee and Nursing Home
Community Advisory Committee an Feb. 20, 2001, 5:30 p.m. at the Southern Human Services Center;
add a meeting with the Hillsborough Board of Commissioners on March 20, 2001, 5:30 p.m. at the
Government Services Center; and, add a meeting with the Orange County Board of Health on April
16, 2001 at 5:30 p.m. at the Government Services Center.
c. Motor Vehicle Property Tax Refunds
The Board adopted a refund resolution, which is incorporated herein by reference, related
to four requests for property tax refunds totaling $136.75.
d. Advertisement of Tax Liens on Real Property
The Board approved the advertising of liens on real property far unpaid taxes on March 14,
2001 under N.C. General Statute 105-369.
e. Property Tax Refunds
The Board adopted a refund resolution, which is incorporated herein by reference, related
to five requests for property tax refunds totaling $60,922.22.
f. Property Value Changes
The Board approved changes made in property values after the 2000 Board of
Equalization and Review had adjourned.
g_ Classification Plan Amendment -Central Services Clerk
The Board amended the classification and pay plan by changing the class title of the
existing class of central services clerk at salary grade 58 to central services clerk I, salary grade 58,
with a hiring range of $20,798-23,491; and, established a new class of central services clerk I I at
salary grade 59, with a hiring range of $20,798-$24,664.
h. Jail Inspection Report
The Board received the jail inspection report for Jan. 4, 2001 from the N.C. Department of
Health and Human Services.
i. FY 2001 Community Development Block Grant (CDBG) Program
The Board approved a resolution authorizing the Manager to execute documents
necessary to implement the FY 2001 Community Development Block Grant award for Richmond Hills
subdivision.
RESOLUTION
Whereas, Orange County has received a FY 2001 Community Development Block Grant
(CDBG) Award in the amount of $250,000 from the N.C. Department of Commerce an December 7,
2000; and
Whereas, these CDBG funds will be used for the installation of infrastructure (water, sewer,
streets} by Habitat for Humanity of Orange County, NC, Inc. at the Richmond Hills subdivision in the
Efland community of Orange County; and
Whereas, the Orange County Board of Commissioners approved the execution of the Grant
Agreement, Funding Approval; Signatory Form and Certification; and Development Agreement by the
Chair of the Board an January 18, 2001; and
Whereas, throughout grant implementation, the N.C. Department of Commerce will require the
execution of additional documents as required by the Grant Agreement and Funding Approval
approved by the BOCC on January 18, 2001; and
NOW, THEREFORE, be it resolved, that the Orange County Board of County Commissioners
hereby authorize the County Manager to execute all documents required by the N.C. Department of
Commerce -Division of Community Assistance for the implementation of the FY 2001 Community
Development Block Grant Award.
This, the 7t" day of February, 2001.
L Memorandum of Agreement with UNC School of Dentistry for Dental Screening
Project The Board approved and authorized the Chair to sign an agreement with UNC
School of Dentistry for services to the Health Department's preschool dental screening project.
k. N.C. Department of Transportation Request for Right-of-way at McDougle
The Board approved and authorized the Chair to sign a request from NCDOT for
easements on the McDougle Elementary School property to construct roadway improvements on
Hillsborough and Old Fayetteville roads.
L Contract with OWASA to Extend Main Water Lines to Historic Rogers Road
Neiahborhood
The Board approved and authorized the Chair to sign a contract with Orange Water and
Sewer Authority to construct extensions to existing water lines to serve designated properties in the
Rogers Road neighborhood.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
NONE!
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Appointments
The Board considered appointments to the Capital Needs Task Force, Recreation and
Parks Advisory Council and Elementary School #9 of CHCCS Project.
Gloria Foley will be added as an alternate far the Elementary School #9 of CHCCS Project.
Commissioner Gordon pointed out the inconsistencies between the number of men and
women recommended for appointments. She would like for competent women to be recognized.
Capital Needs Task Force
Commissioner Brown nominated Leo Allison, Jay Bryan, Hazel Lunsford, Judy Margolis,
Lisa Stuckey, Mariah McPherson, Nancy Milia, Doris Murell, and Hattie VanHook.
Commissioner Jacobs nominated Leo Allison, Audrey Booth, Whit Morrow, Lisa Stuckey,
Bill Waddell, Nancy Milio, Mariah McPherson, Hattie VanHook, and Mary Willingham.
Chair Halkiotis nominated Lisa Stuckey, Judy Margolis, Leo Allison, Hazel Lunsford,
Mariah McPherson, and Doris Murrell.
Commissioner Carey nominated Leo Allison, Hazel Lunsford, Whit Marrow, Lisa Stuckey,
Bill Waddell, Nancy Milio, Mariah McPherson, and Hattie VanHook.
Commissioner Gordon nominated Michael Drowns, Jay Bryan, Audrey Booth, Judy
Margolis, Lisa Stuckey, Leo Allison, Hazel Lunsford, Mariah McPherson, Doris Murrell, and Hattie
VanHaok.
The following individuals had at least three votes and were appointed to the Capital Needs
Task Farce: Lisa Stuckey, Judy Margolis, Leo Allison, Hazel Lunsford, Mariah McPherson, Doris
Murrell, Nancy Milio, and Hattie VanHook.
The alternates will be Jay Bryan, Audrey Booth, Whit Morrow, and Bill Waddell.
Letters will be sent to all of the applicants.
Commissioner Jacobs and Chair Halkiotis will serve with Commissioner Brown as an
alternate.
Recreation and Parks Advisory Council
A motion was made by Commissioner Jacobs, seconded by Commissioner Brawn to
appoint Mark Ginsberg from Ena Township and David Britt for the at-large position.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordan, seconded by Commissioner Brown to
appoint Sandra Johnson Quinn for the other at-large position.
VOTE: UNANIMOUS
Elementary School #9 of the Chapel Hill-Carrboro School System Project
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to
appoint Chair Halkiotis.
VOTE: UNANIMOUS
b. Legal Advertisement for Feb. 26, 2001 Quarterly Public Hearing
The Board considered authorizing a legal advertisement for items to be included in the
Feb. 26, 2001 quarterly public hearing.
Planning Director Craig Benedict summarized the items to be included in the February 26,
2001 quarterly public hearing legal advertisement. The majority of the amendments have to do with
economic development activities, land uses, and zoning with Hillsborough. Other items relate to the
schools impact fee study and fee schedule revisions. He recommends that the fee schedule revisions
be addressed at an early budget work session rather than at this public hearing.
Commissioner Gordon questioned if items D and E should go on another agenda. She
feels that this agenda is full. She asked if the impact fee ordinance could be addressed at a
Commissioners' meeting as a public hearing sometime in March. This report will be presented
tomorrow night at the Schools and Land Use Council meeting.
Chair Halkiotis asked that each Commissioner receive a copy of the impact fee study
report.
Commissioner Carey would like to see a copy of the fee schedule revisions as soon as
passible. Regarding the model home text amendments, he verified that the issue was whether or not
a model could be used as a sales office on a site that is going to be sold as a home once the
development is finished.
Commissioner Carey feels that the impact fee ordinance should be left on this quarterly
public hearing agenda.
Commissioner Jacobs asked for the pros and cons of the model home issue.
Commissioner Jacobs agrees with Commissioner Carey in keeping the impact fee
ordinance on this agenda. If it is not addressed at this public hearing, he would like to see it as soon
as possible.
Commissioner Brown asked Commissioner Gordon if the Schools and Land Use Council
would need more than one meeting to discuss the impact fee report. Commissioner Gordon said that
there might be some feedback that would enhance the report, which may or may not affect what the
County Cammissioners da with it. She said that we could go ahead and advertise the impact fee
ordinance in the legal advertisement, and if, on February 13th, the County Cammissioners decide not
to include it, the notice could be changed for its second publication.
Commissioner Brown asked for clarification on the fee schedule revisions issue and John
Link said that, considering the length of the agenda, there would be mare time to reflect an the fee
schedule if it was considered at a Board of County Commissioners' budget work session. The first
budget work session is April 16th
Chair Halkiotis said that the language model home text amendments almost implies that
something could be pulled in by a truck. He asked if it was open ended in that a home and/or a
mobile unit could be put an the lot. He said that it should be clearly stated in the amendments that
there would be additional requirements put an the model home.
Chair Halkiotis feels we should keep to the schedule on the impact fee ordinance and
make the analysis public. He agrees with delaying the discussion on the fee schedule revisions to a
work session in April.
Geoffrey Gledhill suggested a substantive change to not include the sentence, "In the past,
the percentage of the maximum calculation was considered." He said that this would limit the options.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey that
Geoffrey Gledhill will work with the Planning Director to make the legal advertisement far the February
26, 2001 quarterly public hearing clear and concise and to make substantive changes. Geoffrey
Gledhill will fax it to the Commissioners before it is sent to the newspapers.
VOTE: UNANIMOUS
c. Contract with Robert S. Segal, CPA, PA, for Expense Reduction and Revenue
Enhancement
The Board considered authorizing an agreement with Robert S. Segal, CPA, PA, to
conduct a review of County practices and operations to enhance the cost-effectiveness of its service
delivery.
Chair Halkiotis pointed out that the Innovation and Efficiency Committee endorsed this item.
Jahn Link introduced this item. He said that Mr. Segal has an impressive track record in
working with other municipalities and counties in North Carolina.
Rad Visser said that if Mr. Segal does not find any cast savings for the County that the
County Commissioners are willing to accept, then the County owes nothing to Mr. Segal. If savings
are identified, the County will be responsible for paying Mr. Segal 50°~ of the savings during the first
two years of operations. With regards to revenue enhancement and sales tax, Mr. Segal would
receive 25% of the first $200,000 of additional refunds obtained, 30% for the next $200,000, and 35°~
for all additional refunds obtained.
Commissioner Brown asked several clarifying questions, which were answered by County
staff. She would like to see some reports of studies done in other governmental entities by Mr. Segal.
Commissioner Gordon made reference to agreement #2 and the language, "A sliding scale
based on the 1 % sales tax as follows," and said that it does not say how long. She said that it should
be specified in the agreement how long Mr. Segal would be compensated. She said that she realizes
these are revenues we would not ordinarily get but wonders if there should be a cap for the length of
time Mr. Segal would be compensated. She would like to specify in agreement #2 that the
compensation would last no more than two years.
Rod Visser said that there would probably not be a tremendous amount of money that
would come out of the sales tax.
A motion was made by Cammissianer Brown, seconded by Cammissianer Carey to
approve the agreements with Robert S. Segal, CPA, PA with the amendments as noted above,
authorize the County Manager to sign the agreements pending final review and approval by staff and
the County Attorney, and authorize the County Manager to approve any accessory agreements, which
may be necessary during this expense/revenueloperations review process.
VOTE: UNANIMOUS
d. Proposed new Child Protective Services Positions Funded from State Block Grants
The Board considered establishing eight new permanent full-time child protective services
positions to be funded by federal TANF funds.
John Link said that his recommendation is that the Board approve four positions at this
time, specifically that two positions would be child protective service social workers that would work
evening shifts and on-call duties. The other two positions would address the caseload issue. He is
recommending only four positions because of the 700 million-dollar shortfall in the state at this time.
Dee Gamble, Chair of the Social Service Board, introduced Martin Whit, the Interim
Director of the Social Services Department; Denise Schaffer, Social Work Program Director; and
Joyce Lee, the budget expert. She stressed the importance of adding these new positions. She said
that if there must be less than eight positions, the Social Service Board would propose two positions
for night workers, two positions far the treatment team, and an additional position for a supervisor.
John Link said that he was not stating that, in the long term, all eight positions would not
be funded. He said that his concern was that the state could redirect federal funds to another element
of the social service program.
Commissioner Carey painted out that the Commissioners were not approving these
positions just because the County can get federal money, but because of the need.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
approve four new permanent full-time child protective services positions to be funded by federal TANF
funds. The other four positions may be in the Manager's budget.
VOTE: UNANIMOUS
e. Contract for Orange County Video Production
The Board considered a contract with Horizon Video Productions, Inc. to produce an
informational video about Orange County.
Personnel Director Elaine Holmes said that the video would be a 12 to 14-minute
informational video about County departments and services. There would be an additional five-
minute module that could be added for presentation as needed, which would address some of the
challenges the County faces and haw the County is addressing those challenges {i.e., land
preservation and affordable housing}. The video would be used to orient new employees and new
members of County boards and commissions. It would also be used for community, civic, and
educational groups. The video could be accessed through the County's website. The staff and the
Commissioners can provide feedback during any of the production phases of the video. There will
also be plug-in modules that could be easily updated.
Commissioner Gordon would like to make sure that the final product will be on a standard
VHS tape. She also expressed concern about the conditions under which the County would be
paying the employees time and one-half for aver 10 hours of work. Elaine Holmes said that there
would be a "not to exceed" cost in the contract and that any overtime would be approved.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
approve a contract with Horizon Video Productions, Inc. in an amount not to exceed $31,000 and
authorize the Manager to execute the contract upon satisfactory review by the staff and County
Attorney.
VOTE: UNANIMOUS
10. REPORTS
a. Public School Impact Fees Report
The Board was to receive a report on the calculation of maximum permissible public
school impact fees based on housing type. This report was discussed in item 9b, Legal
Advertisement far February 26, 2001 Quarterly Public Hearing.
b. Report on Proposed Display of Wild and Exotic Animal Ordinance and Proposed
new Ordinance Prahibitina the Keepina of Wild Animals Danaeraus to Persons and Property
The Board received information on proposed ordinances dealing with wild, exotic, or
dangerous animals.
Health Director Rosemary Summers summarized the report. She noted that the Board of
Health's Animal Control and Environmental Health Committee has considered this matter for the last
seven months. There are two ordinances and both of them speak to protecting the health and safety
of the citizens of Orange County. The first ordinance prohibits the display of wild and exotic animals
specifically for the purposes of entertainment or amusement. It does not prohibit the exhibition of
animals for educational purposes by non-profit groups. There is an exemption for the University of
North Carolina for their research activities. The second ordinance is a revision of the ordinance that
was originally passed in 1983 by the Board, which prohibits the keeping of wild animals dangerous to
person and property within Orange County.
Commissioner Halkiotis pointed out that this was not a public hearing, but only a report for
informational purposes. There will be a public hearing on this at a later time.
It was the consensus of the Board to continue the meeting for 15 minutes to deal with this
item and item "c" below.
Commissioner Jacobs asked about snakes and reptiles and said that it was a broad
definition. He also made reference to the exemption far the University of North Carolina. He feels
that this is an issue for other schools in the County that might have these types of animals.
Commissioner Brown wants to be sure about the definition of exotic and dangerous.
Public Comment
Henry Hampton said that he has been in the exotic animals business for 35 years. He
supplies animals for zoos and circuses. He emphasized the safety record of some of the exotic
animals. He also made reference to the number of people that have been killed by domestic animals.
Darry Conner spoke on behalf of iguanas. She presented a booklet with pictures. She
would like to make sure that iguanas are not banned as pets. She was representing Triangle Iguana
Rescue. She asked that the Commissioners reconsider the proposition to ban iguanas. She also
spoke about how exotic animals were given away as prizes and she is against this.
Patti Catron, from Triangle Iguana Rescue, said that she was concerned about the iguanas
that were won at fairs. These iguanas can grow to six feet in length. There are no care instructions
with the prizes and this concerns her.
Charles Koehler spoke an behalf of the circus department and the Outdaar Amusement
Business Association. He asked where the evidence of abuse was in this area in North Carolina. He
also asked where the evidence was that the public of Orange County was endangered by wild
animals. He said that the County Commissioners were duplicating what the State Department of
Agriculture already regulates. He said that the proponents of this ordinance want to send these
elephants back to their original habitat, but there are poachers and hunters in these areas now.
Melissa Lozott said that the USDA does do periodic checks, and Ringling Brothers has
been cited many times and continues to abuse the animals.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
receive the information and proposed ordinances. The ordinances will be scheduled for public
hearing at a future meeting and considered for adoption.
VOTE: UNANIMOUS
c. Smith Middle School Use and Lease Agreement
The Board discussed issues related to proposed interlocal agreements governing the
ownership, use and funding at the new Smith Elementary School.
John Link pointed out that for some period of time now the staff of the Chapel Hill-Carrboro
City School System, Orange County, and Carrboro have been working on an agreement for the use of
athletic fields at the new R. D. and Euzelle Smith Middle School. One of the focal points would be the
designation of field 3B as a field that could be used far recreational needs by the County and the
Town of Carrboro, specifically for soccer. The soccer programming in Orange County at this time is
arranged by private, not-for-profit soccer associations. Carrboro will coordinate the programming
through the non-profits for this field. There are some costs that the Town of Carrboro has shared and
will continue to share with the County. There is no action required from the Board at this time.
Assistant County Manager Rod Visser said that the intent was to bring this item back and
the other Smith Middle School agreement that involves the State on February 20t" for consideration of
adoption.
Commissioner Jacobs made reference to pages four and six where it says, "The parties
agree that field 3B shall be available for Town use, commencing at 4:00 p.m." and "Fields may be
reserved for a Town summer camp or Town programs." He asked why it only says "Town" and not
"Town or County". Rod Visser said that the discussions with the staff indicated that the field would be
shared with the Town and the County. The field is physically in Carrboro and it is easier for the Town
to manage it. The point about sharing of the field between the Town and the County will be clarified.
John Link made reference to page seven, number three, "Joint Use of Recreational
Fields," and the last sentence, "The parties understand and agree that the Town and the County will
work together to coordinate programming for the use of the fields when school is not in session and
that the Town will be the lead entity for programming such use and communicating with the Board of
Education regarding the same." He said that this paragraph could be moved to the beginning of the
document to make it clear.
Commissioner Gordon made reference to number five, "Joint Use of Parking and
Playground", and said that the Board of Education may want to specify the time periods when the
parking lots would be available. She said that it is important that this is a cooperative effort.
Commissioner Brown asked if there was anything in the agreement where one club or
organization could make a contract that would monopolize the field. Rod Visser said that Carrboro
would be working with the organizations. However, this issue has not been addressed specifically.
In answer to a question from Commissioner Brown, Rod Visser said that the schools had
to spend about $90,000 to bring in some dirt for Seawell School Road. This was related to the timing
of not being able to get the University's agreement finalized. The intention was to take some of the
dirt off of University property. Because of the timing, there was not permission to go on University
property to get the dirt and it ended up costing $90,000 to build up Sewell School Road. It was
clarified that it is within the Board of County Commissioners' control to prevent the expenditure of the
additional $100,000. There will be a full report on this at a later date.
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 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) and Pursuant to GS ~ 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" in the case of Orange County versus CP&L.
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items to come before the Board, a motion was made Commissioner Gordon,
seconded by Barry Jacobs to adjourn the meeting. The next meeting on the regular meeting
calendar will be held on February 13, 2001 at 5:00 p.m.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, Clerk