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HomeMy WebLinkAboutMinutes - 05-01-2001APPROVED 12/3/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING May 1, 2001 The Orange County Board of Commissioners met on May 1, 2001 in regular session at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis 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) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA -NONE PUBLIC CHARGE Chair Halkiotis read the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda -NONE b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Gordon said that the Triangle Transit Authority has reached a milestone toward getting a regional rail system, particularly phase I from Durham to Raleigh. The Federal Transit Authority has finally signed off on the draft environmental impact statement. There will be opportunities for public comment. She also reported that the County has met with some DOT officials about joint planning with the Department of Aging on some rural transit projects. Commissioner Gordon also made reference to the report, which is on the agenda, about the investigation of groundwater availability and quality in Orange County. Commissioner Jacobs said that on June 14th the Economic Development Commission is going to tour some sites in northern Orange County including the Barber and Ross facility, the two EDDs, the community-supported agriculture enterprise on NC 86 and Midlantic Steele. Commissioner Jacobs distributed some brochures about the Trust for Public Lands that would like to work with Orange County in some aspects of potential open space and a parks bond. Commissioner Jacobs also made reference to last night's meeting and the issue of membership versus enrollment in schools. He looks forward to getting the report on the construction standards so that further discussions can take place. Commissioner Brown said that the search for the DSS Director is taking place. Chair Halkiotis said that he, Commissioner Jacobs, and John Link met with officials from Alamance County last week. They talked about reestablishing some contacts between the Manager and respective GIS and Land Records staff. They also spoke about working together in a number of different areas. The officials from Alamance County are concerned about disappearing farmlands and that there is not a mechanism in place to preserve land. They talked about solid waste and Alamance County indicated that its citizens have Hated the wonderful rural recycling program in Orange County, which is completely free. Also, there may be a possibility of working together on buying land for a park near the borders of Orange County and Alamance County. The two managers will be meeting and making some decisions an how the two counties can work together on future endeavors. There is a similar meeting scheduled with Chatham County in the next couple of weeks. Chair Halkiotis made reference to an article in AAA Magazine about contacting local legislators to request the State to not consider taking money out of the State Highway Trust Fund. 4. COUNTY MANAGER'S REPORT John Link made reference to the serious problem in Europe with hoof and mouth disease and mad cow disease. He said that the Health Department was taking actions to make sure that the West Nile Virus is not a threat to the community. Health Director Rosie Summers talked about the methods of prevention put in place for the West Nile Virus. This is a virus of birds and not humans. There have already been two meetings to distribute information to high-risk groups. The state also has a response plan, but it is only going to provide resources to counties and will put forth no funding. Orange County is also distributing information to the medical community (physicians and veterinarians}. 5. RESOLUTIONSIPROCLAMATIONS a. Older Americans Month and Senior Center Week Proclamations The Board considered proclaiming May as Older Americans Month and May 13-20 as Senior Center Week. Department on Aging Director Jerry Passmare made reference to the proclamation and the fact that it states that there are 14,000 older adults 60+ in Orange County and that in the year 2020, there is a projection of over 30,000 older adults. Jerry Passmore introduced Peachee Wicker, the Chapel Hill Friends of the Senior Center President and Pete Langdon, the upcoming President for The Friends of the Senior Center for Central Orange. Peachee Wicker and Pete Langdon spoke briefly about the senior centers and the activities of Senior Center Week. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the proclamations as stated below: PROCLAMATION WHEREAS, According to the latest population figures, there are mare than 14,363 persons aver 60 years of age in Orange County; and, WHEREAS, The President of the United States has declared May as Older Americans Month; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they contribute to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County also wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 2001 as OLDER AMERICANS MONTH AND further do encourage all citizens to join us in honoring our older Americans. This, the 1St day of May 2001. PROCLAMATION WHEREAS, Local communities support aver 12,000 Senior Centers in the United States; and, WHEREAS, Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County; and, WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community; and, WHEREAS, Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported and socially involved; and, WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them; NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the week of May 13 through May 20, 2001 as SENIOR CENTER WEEK AND, further, do call upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. This, the 1St day of May 2001 VOTE: UNANIMOUS b. Consolidated Housing Plan Annual UpdatelHome Program The Board considered resolutions to approve the 2001 Consolidated Housing Plan annual update, proposed HOME program activities far 2001-2002, and proposed amendments to the HOME program activities for fiscal years 1999 and 2000. Housing and Community Development Director Tara Fikes made this presentation. She summarized the information in the agenda. One resolution authorizes the 2001-2002 HOME program design in which they propose that approximately $200,000 be spent for new construction activities. The activities will be carried out by Orange Community Housing Corporation in the Meadowmont development, by Habitat for Humanity in Carrboro, and by Residential Services, Inc. for a continuing care facility somewhere in Orange County. In addition, it is recommended that the County allocate approximately $273,625 for property acquisition to be used by the Orange/Person/Chatham Mental Health Agency, the Orange Community Housing Corporation, and the Land Trust to acquire property in Carrboro, and by EmPOWERment, Inc. to purchase rental units, and by the Tawn of Carrboro to purchase rental units in the County. The third resolution is to spend approximately $69,750 for homebuyer assistance. This will provide deferred second mortgages for first-time homebuyers for those working with EmPOWERment, Inc. The Chapel Hill and Hillsborough governing boards have approved these resolutions. Carrboro will be considering approval this evening. Commissioner Jacobs asked for clarification on the request of $10Q,000 from the Tawn of Chapel Hill and asked if this was for a house and Tara Fikes said yes. The Town of Chapel Hill does provide a match for the HOME program. Commissioner Jacobs asked Mark Chilton from EmPOWERment about housing around Dillard Street. Mark Chilton said that he would give a mare detailed report in writing to the Commissioners. He said that some of the properties on Dillard Street have been sold for market value without any federal or local subsidy. Some of the properties are being rehabilitated and rented as affordable housing. Cammissianer Jacobs made reference to page 26 at the top and suggested a statement, "in only rare instances is the private development community voluntarily providing affordable housing." He said that he sees this as a barrier. Commissioner Gordon made reference to page 22 and Project HomeStart. She asked about the use of the third building. Tara Fikes said that the third building is being used for families the same as the first two. Commissioner Gordon questioned if there are plans for the third facility to be used for women who are victims of domestic violence, since that was the original purpose far the third building. Tara Fikes will explore this with the InterFaith Council. Cammissianer Brown made reference to the battered women's shelter, which is nonexistent in Orange County at this time. The issue of battered women having to use the shelter in Durham County presents a lot of problems far women and children. Commissioner Gordon asked that a strategy be developed for providing a battered women's shelter in Orange County. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve and authorize the Chair to sign the three resolutions, which are incorporated herein by reference, including the added statement by Commissioner Jacobs stated above. VOTE: UNANIMOUS c. Disability Awareness Week The Board considered proclaiming May 1-7 as Disability Awareness Week. Tim Miles, President of the Disability Awareness Council, read the proclamation. A motion was made by Commissioner Gordon, seconded by Cammissianer Jacobs to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION ORANGE COUNTY DISABILITY AWARENESS WEEK May 1-7, 2001 WHEREAS, persons with disabilities have abilities, talents and dreams, and with respect and acceptance, individuals with disabilities -mental or physical -can participate in our society and the work force to their fullest capacity; and WHEREAS, although Orange County offers many opportunities for people with disabilities, some of our citizens remain unaware of the capabilities and aspirations of people with disabilities; and WHEREAS, Orange County recognizes that persons with disabilities are a resource we cannot afford to overlook or not use to their highest potential; and WHEREAS, Orange County is committed to taking all steps necessary for the full integration of people with disabilities into our community; and WHEREAS, The Orange County Disability Awareness Council works to promote opportunities for disabled citizens to work and live in an environment free of barriers imposed by architecture, attitude, and/or lack of opportunity; and WHEREAS, Through the use of assistive technology, people with disabilities can gain equal access to employment; and WHEREAS, Orange County is proud to be a participant in the American Disability Act (ADA) which will celebrate its eleventh anniversary this year. NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF COMMISSIONERS do hereby proclaim May 1-7, 2001 as NATIONAL DISABILITY AWARENESS WEEK in Orange County and urge our citizens to become more aware of the needs, capabilities and hopes of people with disabilities. VOTE: UNANIMOUS Commissioner Carey asked a member of the Council to come forward and speak about how the services available to persons with disabilities have changed in the County since the group has moved to the Orange County Skills Development Center on Franklin Street. Tim Miles said that this was the 1 Ot" year that the Council has held the American Disabilities Act and awards ceremony. Each year Orange County has had local winners to go to the state awards Governor's ceremony. Jeffrey Starkweather, a member of the Disability Awareness Council (DAC), said that since the Council has moved to the Skills Development Center, there has been an increased demand for services. He made reference to the letter that was distributed and the budget request. He said that up to this point, the DAC has been strictly a volunteer organization. The DAC is going to try to develop four programs this year and is asking for funds to hire apart-time person who will look for grant funding to support these programs. He summarized the four programs and told why there is a need for these programs in Orange County. Frank Aber, a member of the Council, spoke about the employment career counseling and placement one-stop service. This is one of the programs that will be implemented this year. The goal of this program is to have aone-stop facility where anyone with a disability could come and feel more comfortable working with someone who also has a disability. Jenny Wilson, a member of the Council, said that the DAC had just received 12 computers from IBM. They have also worked very hard to get accessible software for the Skills Development Center. She spoke about the importance of persons with disabilities working with other persons with disabilities. She requested that the County Commissioners consider funding their request. Commissioner Jacobs asked about their experience in trying to place persons with disabilities as employees with the County. Tim Miles said that he has applied for several positions with the County but has never received a response. An advantage of their program is that interested applicants can put information online. Commissioner Jacobs encouraged Tim Miles to work with the County's Personnel Director Elaine Holmes. The County Commissioners have had numerous conversations about trying to improve the County's hiring practices for those individuals who have disabilities. Jeffrey Starkweather said that the DAC was only asking for $3,500 from the County, which is an increase of $2,000. They are asking far $5,500 from the Tawn of Chapel Hill, $2,200 from the Town of Hillsborough, and $3,200 from the Town of Carrboro. Chair Halkiotis recommended that the Board forward the letter of request for funding to the County Manager to bring back in the budget considerations. The Board agreed. d. Affirmation of Process for Resolving the Disposition of the Greene Tract The Board considered adopting a resolution affirming the general process by which Orange County and the Towns of Carrboro and Chapel Hill will resolve the disposition of the remaining 109 acres of the Greene Tract. John Link said that this item was discussed at the April 25t" work session and that there were specific recommendations that have been addressed in this latest draft. The recommendations include that the work group should be limited to two elected officials from each of the three governing boards and that there would be a more definitive decision by the Board as to what would be included as the general uses. Commissioner Gordon made reference to the magnitude of the process and said that it would probably be October-December before the completion of the work group. Commissioner Brown would like to add to the "Now, Therefore" statement as follows: "The consideration of the uses are to be based on environmental and historical assessment reports." She made reference to page 12 and said that these were the last agreements that we had with all the jurisdictions with regard to environmental and historical issues. Commissioner Brown would also not like to be pinned dawn to just affordable housing, school sites, and non-solid waste public purposes. She would like to consider these uses, but not be limited to them. Commissioner Jacobs agreed that the resolution should be as non-binding as possible in regards to the consideration of uses within the Greene Tract. Commissioner Carey feels we should leave affordable housing as one of the possible uses in the resolution. He does not feel that everyone considers affordable housing as a public purpose. Also, open space is an appropriate use for this property. He agrees with keeping the tight schedule so that this issue gets resolved in a timely manner. Commissioner Gordon agreed with the issue of the environmental and historical assessment reports. She feels that the uses as identified should remain in the resolution. She does not have a problem with the target dates as long as there is some flexibility. She feels we should include in our transmittal the letter on page 11 along with the three maps and to also include the text of "The Agreement to Amend the Agreement" and the reimbursement amount. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the resolution as stated below, including the statement, "Now, therefore, the Orange County Board of Commissioners does hereby affirm the consideration of the Greene Tract for open space, affordable housing, school sites, and non-solid waste public purposes. Also, the top bullet should say, "Consideration of the uses to be based on the environmental and historical assessment reports." Also, the transmittal will include the letter on page 11, the maps, The Agreement to Amend the Agreement (pp. 5-8), and the reimbursement amount on page 10. A RESOLUTION AFFIRMING A PROCESS FOR RESOLVING THE DISPOSITION OF THE REMAINING 109 ACRES OF THE GREENE TRACT WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired the 169-acre property known as the Greene Tract in 1984 as an asset of the joint solid waste management system; and WHEREAS, title to 60 acres of this property was deeded exclusively to Orange County in 2000 under provisions of the 1999 interlocal "Agreement for Solid Waste Management;" and WHEREAS, under the same interlocal agreement the County and Towns agreed to bargain in good faith during the two-year period following the effective date of the agreement to determine the ultimate use or disposition of the remaining 109 acres of the Greene Tract; and WHEREAS, the end date of the "bargaining period" as defined in the agreement is April 17, 2002, the second anniversary of the date upon which the County assumed overall responsibility for solid waste management in Orange County; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby affirm the consideration of the Greene Tract for open space, affordable housing, school sites, and non-solid waste public purposes; and BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners does hereby affirm the following points as the process to be pursued jointly with the Towns of Carrbora and Chapel Hill to resolve the disposition of the remaining 109 acres of the Greene Tract: • All three governing boards adopt a formal resolution affirming the general proposed uses of the property they would be willing to consider • Consideration of uses should be based on the cultural and biological resources assessment reports that were produced regarding this property • Jointly appoint a working group comprised of two elected officials from each of the three entities • Each Manager assigns specific staff to support the work group in planning different options, consistent with the general direction from the three governing boards • Hold a public forum on the general uses affirmed by the three governing boards during the early part of the process • Consider the use of consultants to assist in developing a realistic site analysis and preliminary land use plan • Refer the options developed to each of the three jurisdictions' Planning Boards for comment • Try to develop options that provide as much specificity as possible (e.g. roadbeds, utility lines, drainage, building footprints, buffers, etc} • Target completion of the work group recommendations during September -October 2001 • Target reaching agreement among all three governing boards on the disposition of the remaining 109 acres between October -December 2001 This, the 1St day of May 2001. VOTE: UNANIMOUS Commissioner Carey and Commissioner Brown volunteered to serve on this work group. e. Drinking Water Week The Board considered proclaiming May 6-12 as Drinking Water Week. Chair Halkiotis said that there would be a historic meeting on May 15t" where the County Manager, the Chair, the Vice-Chair, the County Engineer, and the County Attorney will travel to the Orange-Alamance Water headquarters. This was finalized yesterday. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: Commissioner Brown said that the Commissioners all appreciate OWASA's efforts over the years to protect the drinking water supply in Orange County. PROCLAMATION DRINKING WATER WEEK IN ORANGE COUNTY WHEREAS, water is one of the few basic and essential needs of human-kind; and, WHEREAS, our health, comfort and standard of living depend upon an abundant supply of safe water; and, WHEREAS, the Orange Water and Sewer Authority, Town of Hillsborough, Orange-Alamance Water System, Graham-Mebane Water System and Orange County have ensured that facilities and systems provide Orange County citizens with a safe, dependable quality and quantity of water both now and in the future; and, WHEREAS, the dedicated people serving the public at water and sewer utilities have made significant contributions in developing, operating and maintaining these systems. NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim the sixth through the twelfth of May, two thousand and one as DRINKING WATER WEEK in Orange County and urges all citizens to recognize the contributions and service of water and sewer utilities to our community. This, the first day of May 2001. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Annual Public Housina Aaencv 1PHA] Plan -Section 8 Housina Proaram The Board held a public hearing and considered approval of the annual public housing agency plan for the Orange County Housing Authority. Housing and Community Development Director Tara Fikes said that this plan was very similar to the consolidated plan in that it was something that was required by HUD every year. There are no changes proposed from the five-year plan that the Board approved in January. This public hearing was advertised in the Chapel Hill Herald. The comment period is April 9t"-May 25`n Commissioner Jacobs expressed his appreciation for Commissioner Brown's work on this process. There was no one signed up to speak to this item. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve submission of the Five-Year Public Housing Agency Plan and Annual Plan for the Orange County Housing Authority and to authorize the Chair to sign the Certification of Compliance/Board Resolution on behalf of the Board after all comments are received. VOTE: UNANIMOUS $. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Appointments This item was removed and placed at the end of the consent agenda for separate consideration. b. Minutes The Board approved minutes from the following meetings: Sept. 12, 2000 work session; Sept. 19, 2000 regular meeting; Sept. 25, 2000 joint meeting with the school boards; Oct. 2, 2000 work session; Oct. 3, 2000 regular meeting; Oct. 17, 2000 regular meeting; Oct. 30, 2000 assembly of governments; Nov. 1, 2000 regular meeting; and, Nov. 21, 2000 regular meeting. c. Property Tax Refunds The Board approved six requests for property tax refunds, in accordance with the resolution that is incorporated herein by reference. d. Property Value Chances The Board approved property value changes made in property values after the 2000 Board of Equalization and Review had adjourned, in accordance with the resolution that is incorporated herein by reference. e. Budget Amendment #10 The Board approved budget ordinance amendments for fiscal year 2000-2001. f. Classification Plan Amendment-Legal Specialist This item was removed and placed at the end of the consent agenda for separate consideration. g_ Lease Extension for Senior Center Space at ArtsCenter The Board extended a lease far the Department on Aging senior center space at the ArtsCenter through Dec. 31, 2001. h. Bid Award -Renovations at Planning and Agriculture The Board awarded a bid to Patriot Builders of Hillsborough in the amount of $57,900 for renovation work at the Planning and Agricultural Center. i. Contract Award -Piaav-back of Bid for Skid Steer Loader The Board awarded a bid to Briggs Equipment Company of Greensboro in the amount of $24,052 for a skid steer loader to be used at the landfill. L Contract Award -Piaav-back of Bid for Dental Eauipment for Hillsborough and Carrboro Clinics The Board awarded a bid to Thompson Dental Company of Raleigh in the amount of $64,008, for dental equipment for the Carrboro and Hillsborough clinics. k. HOME Program -Property Acquisition This item was removed and placed at the end of the consent agenda for separate consideration. I. Contract for Update of the Inventory of Natural Areas and Wildlife Habitat The Board awarded a contract to Longleaf Ecological in the amount of $9,600 to update the inventory of natural areas and wildlife habitat. m. General Plan for Legislation Support Process for North Carolina General Assembly Sessions This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Appointments The Board considered an appointment to the Personnel Advisory Board. Commissioner Jacobs asked about the activities of this board. Personnel Director Elaine Holmes said that this board is formed by the County Commissioners to hear an appeal by an employee of any disciplinary suspensions or demotions. The Commissioners would hear in a formal hearing process and make a recommendation to the County Manager. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to appoint Kay Hovious for the term ending June 30, 2003. VOTE: UNANIMOUS f. Classification Plan Amendment-Legal Specialist The Board considered amending the classification and pay plan to change the salary grade of the existing class of legal specialist from salary grade 69, hiring range $33,052-$40,173, to salary grade 70, hiring range $34,703-$42,180. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to amend the classification and pay plan to change the salary grade of the existing class of legal specialist from salary grade 69, hiring range $33,052-$40,173, to salary grade 70, hiring range $34,703-$42,180. VOTE: UNANIMOUS k. HOME Program -Property Acquisition The Board considered a development agreement with EmPOWERment Inc. in the amount of $100,000, for the acquisition of rental property in Chapel Hill. Commissioner Gordon asked why this is separated out from how it relates to other work of EmPOWERment, Inc. Tara Fikes said that the project had been approved in the 1999 program design. This is just following the way it has been done in the past. A motion was made by Commissioner Gordon, seconded by Commissioner Brawn to approve a development agreement with EmPOWERment, Inc. in the amount of $100,000 for the acquisition of rental property in Chapel Hill. VOTE: UNANIMOUS m. General Plan for Legislation Sunaort Process for North Carolina General Assembl Sessions The Board considered a proposed general plan for an ongoing legislation support process. Commissioner Jacobs recommends that this be postponed so that clarification can be made in several areas of the process. Commissioner Gordon asked that everything that is changed from tonight be highlighted and stricken through so that it is obvious A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to table this item and bring it back at a future meeting. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Contract to Purchase CHCCS Potential School Sites (Malcolm and Matrena Hunter) The Board considered a contract in the amount of $1,065,000 to purchase a 44-acre site on Eubanks Road for potential Chapel Hill-Carrboro school sites. This item and the next item were considered jointly. b. Contracts to Purchase Bolin Creek Park Site (John and Roderick Cate The Board considered a contract in the amount of $3,550,000 to purchase three tracts of land totaling 149 acres for a Chapel Hill district park. Jahn Link recognized David Stancil and Rich Shaw with the Environment and Resource Conservation Department, who have worked diligently in pursuing the purchase of these tracts of land. Environment and Resource Conservation Director David Stancil presented a brief slide show. The total amount of the four tracts of land is 193 acres. The Hunter property totals 44 acres and fronts on Eubanks Road. It could accommodate a variety of uses. It is contiguous to the Cate family property and to Duke Forest. The Cate property was formerly a dairy for many years. It contains an existing barn and there is a pond on the property. The land is very suitable for a mix of active and low-impact recreation. This property fronts on Old NC 86. The total purchase price for all of the property is approximately $4.6 million dollars. This includes closing costs and use value deferral. This equates to $23,600 per acre. The property is within the Carrboro transition area and the OWASA service area. An interesting point is that one of the owners has had a contract offer at a higher price than has been negotiated with the County but preferred to sell to the County because the land was to be used for open space and recreation. He said that it was important to note that both the County's and the Town of Carrboro's master plan for recreation and parks show a park in this area. Proposed funding sources include the SchooUPark Reserve Fund, the 1997 Parks Bond, and a portion from the payment-in-lieu funds for the Chapel Hill District Park. The staff recommendation is that the Board consider approval of the purchase of all four tracts, authorize the Chair to sign the contracts, authorize the Attorney and the staff to close on the property on or before May 31St, and to exempt the project from provisions of NC General Statute related to surveys. There has been a phase I environmental assessment on the property and phase II is warranted on a portion of the Cate property. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve the purchase all four of the tracts, authorize the Chair to sign the contracts, authorize the Attorney and the staff to close on the property on or before May 31St, and to exempt the project from provisions of NC General Statute related to surveys. Chair Halkiotis said that he appreciates the work that David Stancil and Rich Shaw have done to locate property. Commissioner Jacobs said that Carrboro was aware of what was happening in its transition area. He thanked the voters in Orange County who in 1997 approved an open space fund, which allowed us to have the resources to serve the citizens of Orange County. Commissioner Gordon said that in addition to this area being identified as a park site, the Chapel Hill-Carrboro Schools have also identified this area for a school site. Also, she said that the County will collaborate with both the Town of Carrboro and the Chapel Hill-Carrboro City School Board on this project. She thanked David Stancil and Rich Shaw for their work in acquiring this land. VOTE: UNANIMOUS c. Richmond Hills Preliminary Plan Revision The Board considered amending the Richmond Hills preliminary plan. Planning Director Craig Benedict made this presentation. He said that in the resolution of approval for the preliminary plan there was a phasing plan. Based on information that has come forward after the preliminary approval, Habitat for Humanity would like to change the phasing plan from three phases to two phases (24 lots in phase I and 19 lots in phase II}. Also, the open space and the dedication to Orange County will be included in phase I to fulfill the requirements of the original resolution. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve the amendments to the Richmond Hills preliminary plan. VOTE: UNANIMOUS Sue Harvin spoke about the delay in getting started with the project. She said that this is the largest project that Habitat for Humanity has ever attempted. She represents the volunteers. She said that the morale of the staff is getting very low because they have not been able to get started. They have an obligation to CDBG to build 25 homes by December. They need help working with the County so they can get started with the building. She asked the Commissioners to help with the process. Susan Levy said that in order to get a building permit, Habitat must record a final plat. One of the issues raised was that of the bonding that is required when the infrastructure is not yet complete. She asked if Habitat could be released from the requirement of providing a letter of credit or being bonded. She said it would be very difficult to put up a bond because Habitat does not have enough assets. John Link said that the money that is going to be spent on the infrastructure is coming from three or four sources. He recommended that the Beard, by budget amendment, set aside in a reserve fund an appropriation equal to the expected cost of the infrastructure, with the intent that the Board would never be called upon to spend it. This would fulfill the requirement far the funding. The Board can endorse the concept in principle and it can come back an the consent agenda at the May 15t" meeting. Commissioner Gordon asked why background information was not provided prior to this meeting. John Link said that there are four or five issues that need to be addressed before the final plat is recorded. This particular issue would need the Board's approval and the other issues are part of the normal process of recording a final plat. He was not aware that this was something that would have to be addressed tonight. Craig Benedict said that this has been a special project that the staff has been working on since last August. It is a very complex project for Habitat for Humanity. There are approximately seven issues that are administrative in nature. In this case, HUD was not able to support the bonding far this project. It was not realized until very recently that there could be a budget amendment for a reserve fund to bond the project. Geoffrey Gledhill said that there were two ways to move ahead with the project -build the improvements and then record the final plat, or secure the improvements by putting up the cost of the improvements in a fund that is available only in the event that the construction contracts fail or the developer otherwise fails to complete the project. Commissioner Gordon is concerned that this is setting a precedent far all developers. Jahn Link said that the only reason he is recommending the reserve fund is because this is an affordable housing project. Commissioner Jacobs noted that he supports Habitat for Humanity. He asked that when the budget amendment is placed on the May 15t" agenda that information be provided on the second phase and what will be required. He also asked staff for some criteria in the future for haw the Board might offer a similar kind of support to another affordable housing entity. Commissioner Gordon asked where the money would come from and Jahn Link said that it would come from the general fund -fund balance. This is simply to fulfill the requirement of what the Beard has in their subdivision regulations. He said that the funding would revert back to the general fund as soon as the 24t" house has been completed. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs that the County Manager, the County Attorney, and the Planning Director expedite a budget amendment that would cover the bond requirement far phase I improvements for the Richmond Hills project. This also approves in principle the appropriation of $500,000 and authorizes the County Manager to provide a policy for future projects. The money will be transferred back to the general fund after the completion of the 24t" house. Also, the staff will expedite every step necessary to get the final plat in place as soon as possible. VOTE: UNANIMOUS Commissioner Jacobs said that it was important to note that, despite the importance of this project and the difficulty of working this through, we are still requiring that the government live up to the same standards that we require of everyone else. d. Clarified Amendment to Orange County Private Road Standards The Board considered an unresolved amendment to the Orange County private road standards. Craig Benedict said that on October 10, 2000, amendments were made to the private road standards to reduce the amount of lots from 24 lots to 12 lots on a private road. There were six amendments to the motion that night. After reviewing the documents, it was found that there were four amendments that were adopted outright - 1}there is no right to a private road in any subdivision larger than three lots; 2) three-lot subdivisions will net require engineer certification; (#3 was skipped) 4) amendments will be reviewed in two years or less; and 5} no more than 12 lots are permitted on a private road. Item three was that three-lot subdivisions could ask for aone-year time extension for minor subdivision approval after aone-year expiration. This motion was not discussed during the public hearing process. This item has to go to public hearing an May 29t". Item six was the most complex part of the motion. He said that, in private road subdivisions, we are requesting that they be twice the required lot size. Most of the discussion about item six was to reduce the provision of requiring twice the lot size when there is 50°~ or more open space in the subdivision. The staff is recommending that the lot size be lowered from 80,000 square feet {almost two acres) to 60,000 square feet (1.38 acres), if at least 50°~ open space is provided. In a typical 12-lot subdivision the amount of open space is 33°~ or 11 acres. If the lots are 60,000 square feet, there would be 50°~ open space, or 16.5 acres. He said that he believes that there was enough discussion during the public hearing process that the County Commissioners could adopt the provision of having a 60,000- square foot lot in a private road subdivision with at least 50°!° open space. It would not have to go to public hearing. Commissioner Gordon made some changes to the charts, which were so noted by Craig Benedict. By consensus the County Commissioners agreed to take the chart on page 11 and separate the templates for three ar fewer lots and 4-12 lots. Commissioner Gordon made reference to page four and the statement, "A private road shall be deemed justified far a minor subdivision resulting in no more than three lots. In such subdivisions a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road." She questioned whether or not the rest of the paragraph could be removed regarding the intent of the provision. She said that she listened to the tape of the meeting and when the motion was listed out, it did not specifically request that this be deleted. She asked if it was the intent of the Board to leave this in. She thinks it should be sent to hearing for deletion. Geoffrey Gledhill said that the only way to get clarity on this issue was to send it back to public hearing and look at it again. By consensus the County Commissioners agreed that this ("the intent of this provision..." on page four) would be placed on the quarterly public hearing agenda on May 29tH Commissioner Brown verified that there would be no increase in density as a result of the sliding scale down to a 60,000 square foot lot. Commissioner Gordon said that it would be cleaner to take the sliding scale to public hearing because page five includes what was adopted and page 15 is in conflict with that. Commissioner Jacobs said that he would feel comfortable in not going back to public hearing if the County Attorney so recommends. He feels that this is a good way to achieve more open space with the same amount of density and encourage some developers to provide more open space. Geoffrey Gledhill said that his feeling was that at the public hearing on October 10t", the Board did not adopt the sliding scale ar anything like it. However, the public hearing that was held was broad enough to include it. Therefore, it is available to be adopted if the public hearing has already been accomplished. He said that it would also be okay to take it back to public hearing. Technically, the County Commissioners could adopt this tonight. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to take the sliding scale issue back to public hearing on May 29tH VOTE: UNANIMOUS At this time, the Board agreed to extend the meeting to 11:00 p.m. and then adjourn into closed session. e. Legal Advertisement for May 29, 2001 Quarterly Public Hearincl The Board considered authorizing a legal advertisement for the scheduled May 29, 2001 quarterly public hearing. Craig Benedict summarized the agenda items for the quarterly public hearing as stated in the agenda abstract. Commissioner Gordon asked Craig Benedict to give the County Commissioners the background information on the text amendments at the same time the public hearing notice is presented. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the legal advertisement for May 29, 2001 Quarterly Public Hearing with the addition of the statement about the intent of the provision in the private road standards as mentioned by Commissioner Gordon in item 'd' above. VOTE: UNANIMOUS f. Health Board Appointments The Board considered clarifying its position on a request to extend terms for three members of the Board of Health. A motion was made by Commissioner Jacobs to direct staff to determine which selected permanent boards and commissions would require aone-year training period to be followed by two three-year terms in accordance with the Board's policy and bring a report back to the Board. Also, the Board will defer any consideration of additional terms for current Health Board members. Commissioner Gordon prefers the option given by Commissioner Carey, which is to extend the terms as requested by the Board of Health Chair Jonathan Klein. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve extending the terms as requested by the Board of Health Chair Jonathan Klein and as endorsed by Commissioner Carey, and to direct the staff to consider establishing for selected permanent boards and commissions aone-year training period to be followed by two three-year terms in accordance with the Board's policy. VOTE: AYES, 2; NOS, 3 (Commissioners Halkiotis, Jacobs, and Brown) Chair Halkiotis suggested bringing this back at a future meeting. 10. REPORTS a. USGS Ground Water Resource Investiaation/Report of the Water Resources Committee The Board heard a report on the U.S. Geological Survey cooperative groundwater resource investigation and considered a report from the Water Resources Committee. David Stancil said that one of the recommendations was to receive the report and consider it at a future Board work session. He recognized Margaret Holton, Sam Holton, Dr. Charles Daniel, John Rogers and Don Cox. He made reference to page 27, which includes the recommendations of the Water Resources Committee. He summarized the recommendations. Commissioner Gordon asked Dr. Daniel if the information in the report could be used to determine the suitability of specific areas for development. Dr. Daniel spoke about well yields and said that there were two areas in the County with unusually high well yields. He answered questions from the Commissioners. This item will be placed on a work session agenda. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Carey "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). UOTE: UNANIMOUS 14. ADJOURNMENT With no further items to discuss, a motion was made by Commissioner Gordon, seconded by Barry Jacobs to adjourn the meeting. The next meeting on the regular meeting calendar is May 14, 2001 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC