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HomeMy WebLinkAboutMinutes - 20020618 APPROVED 10/1/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting June 18, 2002 The Orange County Board of Commissioners met on June 18, 2002 at 6:00 p.m. in the Southern Human Services Center Board Room in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian 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 The Board by consensus added items 5-a1 "Resolution for Beverly Blythe Week in Orange County" and 9-a1 "TIP Project U-2909, SR 1780 (Estes Drive) from SR 1722 (Greensboro Road). Commissioner Brown suggested hearing the special presentations after the Consent Agenda, which will allow some staff to leave the meeting early. The Board agreed to this. PUBLIC CHARGE Chair Jacobs dispensed with the reading of 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 made reference to the last Manager's memo. Regarding the Citizen's Informational Work Sheet, there is a letter about the Estes Drive improvements, which has been added as item 9-a1. She said that she went to a public hearing held by the City of Durham and Durham County on Eno Drive. Karen Lincoln and she spoke. They presented documents from 1991 concerning Orange County's position on Eno Drive and entered these into the record. Orange County has been on record for having environmental concerns about the alignment of this road, and they articulated these concerns at the meeting. Commissioner Gordon also announced that the draft 2004-2010 Transportation Program (TIP) has been released and noted various Orange County projects that have been included. This TIP has not been adopted but has been released for information and public comment. Commissioner Brown asked the Board to consider for our agenda in August the material that was distributed by both school systems at the meeting held last evening. There was not time to read the material or discuss the contents. Commissioner Brown made reference to a resolution passed by the State DSS Boards. Eleven million dollars has been cut from the budget for non-specific items. These funds allow the Social Services Departments to fund non-specific items. The resolution asks that the County Commissioners consider sending a letter to our legislators about our concerns and asking them to reconsider removing the $11 million from the State budget because of its specific importance. Chair Jacobs suggested inserting this letter in our legislative package and Commissioner Brown agreed. Chair Jacobs made comments about the survey they received from the Chapel Hill-Carrboro City Schools and Orange County Schools last evening. He said that in both school systems students were asked if they would be receptive to taking specialized courses in another school system. The majority of students were open to the possibility. He found this an encouraging sign. Chair Jacobs said that he, the Vice-Chair, and the Manager met with Person County officials and discussed OPC Mental Health reform, the Orange-Person-Caswell Library System, General Assembly Redistricting, and Solid Waste collaboration. They had a very positive and amicable discussion. Person County has a similar concern about mental health reform. They talked about working with Caswell County on legislative items and solid waste issues to ascertain if there could be collaboration. He believes there can be collaboration. Chair Jacobs said that he also attended a meeting of the Durham-Chapel Hill-Orange County Work Group. He said that after the 1-40 HOV Congestion Management Study was completed the Secretary of Transportation decided to send it back to the consultant looking at a third option of putting decks on the outsides of 1-40. If that happens, the study will come back in the fall. Also, Durham and Chapel Hill are working on a courtesy review agreement. This would allow each jurisdiction to make comments about development around each border. The two County Commissioners from Durham brought to our attention the meeting on Eno Drive and he brought that to the attention of the Board. Chair Jacobs said that on June 20`h there will be two public hearings. The first one is on whether to enact a % cent sales tax effective July 1, 2003. The second public hearing will be on legislative items that the County Commissioners are considering sending to our local delegation. Commissioner Carey made reference to an annual meeting of the Criminal Justice Partnership Board that will be held next Wednesday afternoon. He said that if current budget cuts go into effect it will have an impact on programs related to substance abuse and the justice program. 4. COUNTY MANAGER'S REPORT John Link agreed with Commissioner Brown's comments on the State cutting money from the budgets of Social Services Departments. He noted that the County administers Social Services programs on behalf of the State. This seems to indicate that this agreement between the State and the counties is at risk. 5. RESOLUTIONS/PROCLAMATIONS Al. Resolution for Beverly Blythe Week in Orange County The Board considered a resolution expressing the Orange County Board of Commissioners' appreciation to Clerk to the Board Beverly Blythe for her service to Orange County and to declare June 24 through June 30, 2002 as "Beverly Blythe Week" in Orange County. Chair Jacobs read the resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION RECOGNIZING CLERK TO THE BOARD BEVERLY BLYTHE AND DECLARING JUNE 24 THROUGH JUNE 30, 2002 AS "BEVERLY BLYTHE WEEK" IN ORANGE COUNTY WHEREAS, Beverly Blythe has served as Clerk to the Orange County Board of Commissioners for over 18 years and has recently announced her retirement as of July 1, 2002; and WHEREAS, In the years that Ms. Blythe has served as Clerk to the Board, she has proven to be a valuable resource not only to members of the Board of Commissioners, but to the entire Orange County community; and WHEREAS, Beverly Blythe has been an exemplary public servant for Orange County and, at the same time, has volunteered her time in service to the community through her church, her membership in community groups, and in various other capacities; and WHEREAS, her leadership of the Hillsborough Farmers' Market is a prime example of her on-going efforts to serve and improve the lives of the people of Orange County; and WHEREAS, Beverly Blythe, as a "Certified Municipal Clerk", has also set an example within her profession by providing leadership and vision to the North Carolina Association of County Clerks to the Boards of County Commissioners, serving at one point as president of that organization; and WHEREAS, Beverly Blythe has been a persistent, articulate and intelligent voice for citizens navigating the sometimes-confusing channels of government; and WHEREAS, Beverly Blythe has made many contributions to the government of Orange County, her profession, and the people of Orange County; NOW THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby express our deep and sincere appreciation to Beverly Blythe for her over 18 years of service as Clerk to the Board for the Orange County Board of Commissioners and also express our appreciation for her on-going service to the residents of Orange County; BE IT FURTHER RESOLVED that we approve this resolution declaring June 24 through June 30, 2002 as "BEVERLY BLYTHE WEEK" IN ORANGE COUNTY This, the 18`h day of June, 2002. VOTE: UNANIMOUS Commissioner Halkiotis said that Beverly Blythe was like a second mom to him. He said that the County Commissioners could never keep up with everything that needed to be done without having someone to take care of them. He said that Beverly has been a caretaker for him. He said that she has been one of the greatest servants that the citizens of this County have had the good fortune of working with over the last 18 years. He asked the Board to consider putting a picture of the Clerk to the Board and the Manager with the pictures of all past County Commissioners. Commissioner Gordon thanked Beverly for all she had done for the citizens and for her. Commissioner Carey said that all the County Commissioners share Commissioner Halkiotis' sentiment with respect to Beverly and her service to the County Commissioners and the County. Commissioner Brown said that people know that Beverly Blythe will help them or find out how to help them. She said that Beverly has always been a role model for everyone who lives in Orange County. Chair Jacobs said that Beverly has really set the tone of a family atmosphere. He appreciates her spirit, support, creativity, and dedication. a. Resolution Regarding Smart Start The Board considered a resolution in support of Smart Start. Commissioner Halkiotis read this resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the chair to sign the resolution as stated below: Orange County Resolution of Support North Carolina Partnership for Young Children - Smart Start WHEREAS, Over the past decade, Smart Start, the state's early child care system for children under six, has been hailed as one of the most innovative and ambitious children's programs in the nation; and WHEREAS, Smart Start is being imitated in 10 other states, has won numerous awards and is now being used as a blueprint for a bill to launch a national Smart Start initiative; and WHEREAS, The audit issues raised in the May 19, 2002 News and Observer article occurred over two years ago and are not representative of the situation in Orange County; and WHEREAS, Annual financial audits, performance audits and on-going evaluations by the nation's leading early childhood evaluator have determined that children are entering school better prepared because of Smart Start services and state and local partnerships have improved their administrative functions; and WHEREAS, Over the last two years, the NC Partnership for Children has: • Instituted a formal financial monitoring and technical assistance section; • Developed a formal evaluation system that requires local partnerships to meet statewide minimum standards in financial and program areas; and • Implemented penalties when requirements and policies are not met; and WHEREAS, The News and Observer article further confirms that children enrolled in child care centers heavily involved in Smart Start programs did better in kindergarten than other children; and WHEREAS, The Orange County Board of Commissioners recognizes and appreciates the positive impact that Smart Start activities have had on preparing our local pre- school age children. NOW, THEREFORE, BE IT RESOLVED, that the ORANGE COUNTY BOARD OF COMMISSIONERS does hereby endorse and fully support the initiatives of Smart Start and continued funding for the NC Partnership for Children. This, the 18th day of June 2002. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Proposed Winmore Project in Carrboro Transition Area The Board received an update on questions raised by the Board and citizens at the June 4, 2002 meeting. Planning Director Craig Benedict said that at the June 4`h Board of County Commissioners' meeting, questions were asked about the rules of review and procedure that would be followed during the processing of this project. One of the important questions that was brought up by the community was if a project is in the joint planning area and the Carrboro Transition Area and is annexed by Carrboro prior to going through a rezoning process for a village mixed use project, does Orange County have formal input on the rezoning process? Geoffrey Gledhill made reference to his letter to the County Commissioners dated June 7`h which includes his analysis of the Joint Planning Agreement and the issue for this development. The issue of the County's role in the event of annexation is the same whether it is before a project is presented for review or after. In short, once the property is annexed by Carrboro or Chapel Hill, then the Joint Planning Agreement does not provide for joint review of zoning change decisions or joint review of special or conditional use permit decisions that involve zoning map changes. He spoke about the history of the Joint Planning Agreement. When the town annexes property, it is no longer Orange County planning jurisdiction property; it becomes the town's property. The joint planning principles cease from this point. Craig Benedict said that in talking with the Carrboro staff about the UNC-Chapel Hill property that is located north of this area, research is that UNC-Chapel Hill has been going through various committees to discuss this site, which is part of the Horace Williams tract. He has talked with officials at UNC and asked that Orange County government be part of the process when talking about this tract of land to ensure that we are involved in case the eventual use of this property is residential in nature. Geoffrey Gledhill made reference to the copy of the minutes of the Board of Trustees of the University, which gave a favorable recommendation about the sale of 62 acres of the Henry Horace Williams property to Winmore Land Management, LLC. In order for the University to sell land, it must have a vote of the Council of State which includes the Commissioner of Agriculture, the Commissioner of Insurance, the Auditor, and the Governor. This group must also consult with the Joint Legislative Commission on governmental operations before making the final decision on the disposition of the property. Commissioner Halkiotis made reference to a meeting he attended with Duke University officials where Duke was interested in selling parcels of land. At that meeting, Orange County asked Duke to give the County the first option to purchase any land that may be for sale in Orange County. He finds it extraordinary that the average citizen can walk into a University administrative office at UNC- Chapel Hill and start a process. He doubts that he could go to UNC-Chapel Hill and be approved by the Council of State to buy property. He is concerned about the process. This is a pubic university. For a public university not to follow an open process, he finds this odorous. Commissioner Brown asked about the connection between the Winmore development and this piece of property that was sold by UNC-Chapel Hill. Geoffrey Gledhill said that on page 13 of the letter, it is clear that if the University sells the property to the Winmore Development Company, Winmore will expand the development and merge the two tracts. If the Winmore developers acquire additional property, they will amend their development application or somehow incorporate the property into the project. Craig Benedict said that the application submitted to Carrboro is for rezoning of the 62 acres. The plan does not include the land purchased from UNC-Chapel Hill. The developers can get 213 units on the 62 acres without this additional acreage. Chair Jacobs made reference to the property purchased from Duke University and said that we were able to use Clean Water bonds to purchase this property because of the protection of this natural area and the watershed. He said that it is unfortunate that the Governor and the State of North Carolina would not take a position on protection of property and being sure that environmental impacts are minimal when selling property. Commissioner Carey said that Duke University, UNC-Chapel Hill, and OWASA own much of the land here in Orange County. All of this land is tax exempt, which means that the citizens of this County have been paying for the difference. He suggested that the Chair and Vice-Chair approach the Chancellor of UNC-Chapel Hill to make the same request made to Duke University for the right of first refusal. Commissioner Gordon asked what position the County is in at this time. Geoffrey Gledhill said that a letter from Chair Jacobs to Mayor Michael Nelson speaks to this position. There is time for both governmental entities to review the application from Winmore and make comments. Craig Benedict said that if the application is found sufficient by Carrboro staff, it will be forwarded to the County. If the application is found to be sufficient by mid July, it could go to joint public hearing on October 9, 2002. Prior to that, the Northern Transition Area committee would have time to review the proposal as well as the Orange County Planning Board. Commissioner Gordon asked if Carrboro was amenable to this schedule. Craig Benedict said that Carrboro has indicated that the application is complex so it may not be far enough along in the process for an October Joint public hearing. It would then go forward to April 2003 for a joint public hearing. The letter that was written by the Chair will prompt discussion about the possible annexation. Chair Jacobs said that the letter indicates our commitment to the joint planning process and that we know that Carrboro is also committed, and that we appreciate their collaborative spirit. He read two sentences from the letter as follows: "We trust that a thorough evaluation, open to community input and subject to a joint public hearing, will be carried out on the rezoning proposal prior to any annexation decision the Town may make. We consider our participation in such a process our responsibility and duty as elected representatives of those currently residing in the Northern Transition Area." The letter also makes the point that any future communications will be in writing as well as email. Commissioner Brown made reference to the verbatim account of a meeting of the UNC- Chapel Hill Board of Trustees which states, "Mr. Purdue moves approval of the sale of approximately 62 acres of the Horace Williams satellite tract to Winmore Land Management, the purchase price being $1.25 million in the form of a promissory note secured by a purchase money deed of trust of 30% of the gross sales revenue in excess of$15 million from lot sales for the entire 129-acre development." She asked what this means. Geoffrey Gledhill said that the purchase price for this property is $1.25 million plus 30% of all gross sales revenues in excess of$15 million for the entire development. The University will get this money. The specific terms of the note are not described here, but his impression is that it is not going to be a cash deal, but by a secured deed of trust on the property to ensure that the developers pay the money when they get it. Commissioner Brown made reference to page two where it describes how the sale of State property takes place which says, "If after investigation, the Department of Administration determines that it is in the best interest of the State that the land be sold, the Department proceeds with its sale." She asked what criteria the Department of Administration is using to determine if it is in the best interest of the State. Geoffrey Gledhill said that he did not have any information about that. He thinks that it is a business judgment decision. He said that the decision by the State is based on getting the most money they can get for the property. Commissioner Brown agrees that the Chair and Vice-Chair should meet with the Chancellor of UNC-Chapel Hill. She is amazed that the University is participating in a for-profit housing venture, especially in the face of not having any respect or regard for what the land use ordinances are for the local governments. She said that the Board of Trustees of the University is not elected and the County Commissioners are, but the Board of Trustees seems to have more authority. Commissioner Brown said that she noted that the purchase agreement states, 'The agreement to set aside 50-60 single-family homes priced under $170,000 for purchase by employees of the University, UNC Healthcare Systems, and the Town of Carrboro." She said that presumably they think this is affordable housing. She asked that when they meet with the University that they ask for a definition of"affordable housing"for people in Orange County. She said that this does not address affordable housing issues for anyone working for the Town of Carrboro. Public Comments Bryan Voyce made reference to the last page of the letter from Geoffrey Gledhill and pointed out on the map all of the Horace Williams property that is owned by UNC-Chapel Hill. It is not just going to be a little village, it is going to be Winmore I, II, III, IV, and V. However, it will not be looked at as a whole. He made reference to the Joint Planning Agreement and said that the County gave up power that it had but the towns did not give up any powers. Everyone felt that annexation would occur after Joint Planning and not before. He said that when he reads the agreement, it defines the transition area and that area has been jointly agreed to and requires a joint amendment to change it. It says that we have a map, which shows that this property is in the joint planning area. He asked the County Commissioners to read the agreement for what it says —an agreement for the Joint Planning area of the Northern transition area. He asked that the plain language of the agreement hold true. He asked that, instead of accepting the opinion that has been given, that the County simply ask the towns of Chapel Hill and Carrboro if they want joint planning in this Northern Transition Area. If they do, then we should talk about what would happen if annexation occurs first. If all parties agree, the land annexed could stay in the Northern Transition Area until the map is amended. The towns will want joint planning and by asking, it can be determined if this is true. He said that the opinion talks about the rights of the residents who are annexed. He said that the people here do not live in Winmore, they are surrounding Winmore (there were 35 people in the audience in support of Mr. Voyce). When the property is annexed, they will be hanging in the wind. He urged Chair Jacobs to write another letter to Carrboro or to call them and ask them if joint planning is really what they want. Kim Fouse lives in the Northern Transition area. She is surprised that something like this could undo the six-year long process of joint planning. She asked that the County Commissioners have a public hearing on the text amendments that were passed by Carrboro for the village mixed use. Chair Jacobs noted that there is an item on the agenda tonight for Appointments to the Carrboro Planning Board, and there is a Transition Area seat that is vacant. He invited anyone in the audience who is from the Transition Area and is interested in this volunteer opportunity to apply for this position. Commissioner Brown asked for an answer to her question about the text amendment process. Craig Benedict said that any changes to the text that would affect the land use plan would be under the County's purview. Changes that can affect land use issues must be reviewed by both parties and these can go to public hearing. He will do a more thorough analysis of those text amendments which are included under the purview of the Joint Planning Agreement. It would not be appropriate to put these on the August quarterly public hearing but rather to put these on the agenda for the Joint Planning Area public hearing which is scheduled for October. Commissioner Brown asked why Carrboro would want to annex this area after the development is finished. Craig Benedict said that if Carrboro feels that this development will add revenue, they would be interested in annexation. However, studies have shown that this is not the case. Carrboro needs to prove to itself that this development will be income producing if they annex the area and should do a cost benefit analysis before they decide to annex the property. Commissioner Halkiotis said that some people see counties as areas from which the cities can annex areas. He feels that there should be an example of how counties cannot be bought by cities who want to grow. He said that government is not for sale. Chair Jacobs said that he is not alarmed, but he is concerned. He thinks we should have a conversation with Carrboro before we know what the elected officials of Carrboro are thinking. b. Elements of Consideration in Response to Planning Board Letter of May 6, 2002 Regarding Growth Controls The Board discussed elements associated with the need to research and implement growth controls for large residential projects. Craig Benedict said that this item deals with a letter from the Planning Board to the County Commissioners, dated May 6, 2002. The recommendation is for the Planning Director, County Manager, and County Attorney to investigate various options that were brought forward by the joint meeting of the Planning Board and Board of County Commissioners on June 6, 2002. The Planning Board is interested in looking at all the impacts of an interim growth control measure. Also, the Planning Board wants to take a look at other jurisdictions which have had similar issues raised during a process of considering new regulations and plans. The staff put together an action plan to investigate the various issues. This information will be brought back to the County Commissioners after the summer break. Commissioner Carey said that the recommendations are logical and thorough steps, which should be considered before taking any action on these matters. He urged the County Commissioners to support the County Manager's recommendation and to ask the staff to bring options back to the County Commissioners after the break. Commissioner Halkiotis said that he is not sure what the "pipeline" is or where it is. Many of the projects in the pipeline he finds out about from the newspaper or another governmental entity. He hopes that in the actions proposed here that the pipeline be explored and that communications be enhanced so he is informed on what is on the horizon. Chair Jacobs would like for the Planning Board to be part of this process of thinking this through. He would also like to see the County Commissioners have staff and the Planning Board examine the feasibility of applying a special use permit process to all large developments and to examine other like strategies. Commissioner Brown asked about the concerns of the Planning Board for water resources, transportation issues, and high density development in rural areas. She would like the Planning staff to elaborate on these concerns. A motion was made by Commissioner Carey, seconded by Commissioner Brown to ask the staff to research the specifics of interim growth control measures and report back to the County Commissioners in August/September 2002. VOTE: UNANIMOUS 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved minutes of the following meetings: Feb. 18, 2002 work session; April 2, 2002 regular meeting; April 16, 2002 regular meeting; April 17, 2002 JPA public hearing; April 29, 2002 Assembly of Governments; May 2 public forum on nuclear terrorism; and, May 8, 2002 regular meeting. b. Reappointments to the Advisory Board on Aging The Board reappointed Ricki Hudson and Ted Moore to a second term to expire June 30, 2005; and Jack Chestnut for a first regular term to expire June 30, 2005. C. Minute Preparer Agreement The Board approved and authorized the Chair to sign an agreement with Becky Butler to prepare minutes of Board of Commissioners and Planning Board meetings in the amount of$70 per hour of recorded tape. d. Home and Community Care Block Grant The Board approved the 2002-2003 Home and Community Care Block Grant funding plan and authorized the Chair to sign grant documents. e. Establish Chief Information Officer Position The Board established the position of Chief Information Officer effective January 1, 2003 and amended the Classification and Pay Plan to add the new class of Chief Information Officer at Salary Grade 80, which has a salary range of$57,938 to $92,123. f. Salary Adjustment for Register of Deeds The Board adjusted the salary grade of the Register of Deeds from grade 78, step 3B, $56,560, to grade 78, step 4B, $59,388, effective June 24, 2002. g, Contract for Pharmacy Services for Health Department The Board approved and authorized the Chair to sign a contract with Robert E. Dupuis, registered pharmacist, for pharmacy services for the Health Department, pending the approval of the FY 2002-2003 budget and County Attorney review. h. Agreement Renewal with UNC School of Dentistry for Pediatric Dental Resident Services for Health Department The Board approved and authorized the Chair to sign a contract with UNC School of Dentistry for pediatric dental resident services for the Health Department subject to the approval of the 2002-2003 budget. i. Agreement with UNC Family Practice for After-Hours Medical Coverage at Orange County Jail The Board approved and authorized the Chair to sign an agreement with UNC Family Practice for after-hours medical coverage at the Orange County Jail subject to the approval of the 2002- 2003 budget. L Hyconeechee Regional Library Contract Agreement Renewal The Board approved and authorized the Chair to sign an agreement between the Hyconeechee Regional Library and Caswell, Orange and Person counties. k. Contract with Center for Employment Training The Board reauthorized a contract with the Center for Employment Training and authorized the Chair to sign. I. Contract with UNC Hospitals for Income Maintenance Caseworkers The Board approved and authorized the Chair to sign the continuation of a contract for income maintenance caseworker staffing at UNC Hospitals. m. Contract with Orange Enterprises The Board approved and authorized the Chair to sign a contract with Orange Enterprises for $10,000 for Work First clients. n. Application for State Public School Building Capital Funds The Board approved and authorized the Chair to sign applications to the state Budget Office to release funds from Orange County's public school building capital fund account for the following projects: Chapel Hill-Carrboro City Schools share of the 2000-01 debt service payment related to 1992 voter approved bonds; Orange County Schools share of the 2000-01 debt service payment related to 1992 voter approved bonds. o. Budget Amendment#8 The Board approved budget ordinance amendments and grant and capital project ordinances for the Health Department for$5,000 and for the Department of Social Services for $11,000 for fiscal year 2001-2002. p. Bid Award: Whitted Parking Lot Paving Project This item was removed and placed at the end of the consent agenda for separate consideration. _q. Authorization for County Manager to Negotiate Lease of Dwellings on County Property/Interim Relocation of Personnel to Blackwood House 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 p. Bid Award: Whitted Parking Lot Paving Project The Board considered awarding a bid for paving two parking lots at the Whiffed Building. Chair Jacobs verified that this would be paid for with pay-as-you-go funds. He asked why this was different from the other pay-as-you-go funded capital projects that have not yet been put in place. John Link said that this item could be deferred until the County Commissioners' meeting next week. A motion was made by Chair Jacobs, seconded by Commissioner Carey to table this item for one week. VOTE: UNANIMOUS _q. Authorization for County Manager to Negotiate Lease of Dwellings on County Property/Interim Relocation of Personnel to Blackwood House The Board considered authorizing the County Manager to lease habitable dwellings on County property for temporary residential use, and to place staff members at the Blackwood house on an interim basis to address space issues at the Planning and Agricultural Center. Commissioner Gordon asked about the placement of the existing ERCD staff at the Blackwood house on an interim basis and how long that would last. Environment and Resource Conservation Director David Stancil said that they do not know at the present time. He feels that they would occupy the house for a number of months. The modular unit is still a possibility but there are some cost issues that will need to be resolved. Commissioner Gordon asked about current County employees as caretakers. She asked if it would be necessary for this person to be an independent contractor. David Stancil said that the process leaves the door open to a County employee being a contractor. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to: 1. Authorize the County Manager to lease the habitable dwellings on County-owned properties, for terms of 12 months or less based on existing and reasonable market rates, and 2. Provide for caretaker agreements in conjunction with these properties (as may be allowed under applicable law and policy), for terms of up to 12 months, and 3. Allow the placement of the above identified existing ERCD staff at the Blackwood house on an interim basis, pending review by the Board of alternatives to the Space Needs Study, which would address the situation at the Planning and Agricultural Center. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Planning Groups for Durham Technical Community College Satellite Campus in Orange County The Board considered approving membership of the Site Selection Advisory Committee and provided comments regarding a needs assessment advisory committee to be appointed jointly by Durham Technical Community College and Orange County Commissioners. Director of Central Stores and Purchasing Pam Jones said that the County Commissioners' comments have been taken into consideration for this planning group. Also, the Needs Assessment Planning Committee is being presented for the County Commissioners' consideration. The Clerk to the Board would advertise for two groups over the summer—the at-large citizen representative and two employer representatives. By this time next year, they hope that a recommendation for a site will be brought back to the County Commissioners. Dr. Phail Wynn, President of Durham Technical Community College (DTCC), said that Pam Jones, Barbara Baker, and he have discussed this in detail. He feels it important to do the needs assessment in concert with this committee. The composition as recommended would accomplish the task and accomplish it well. He said that he sees the Needs Assessment Committee being a joint committee with most of the participants being Orange County residents. Commissioner Brown clarified that the Site Selection Committee has two County Commissioners serving on it. Pam Jones said that criteria have been set for this committee and she will provide that list to the County Commissioners. The Site Selection Committee will use the criteria and set weight to each one because certain things are more important than others. Commissioner Brown said that she would like to review these criteria before approving the committee. Pam Jones will bring back the criteria to the County Commissioners before appointments are made in August. Commissioner Brown asked why representatives from the Chambers of Commerce were on the Site Selection Committee. Dr. Phail Wynn said that they have worked with the Chambers of Hillsborough and Chapel Hill and they bring a perspective of what employers want and the training they need. They base the courses offered on what is needed in a particular area. They see themselves serving three groups of people including the school systems, the employers and the citizens in planning for adult educational services. Commissioner Carey said that he views the involvement of the Chambers the same as Dr. Wynn. He feels that the Chambers are major stakeholders and connectivity between the citizens and employers in the County. This committee is an advisory committee with the County Commissioners making the final decision. Commissioner Brown would like to add to the composition a person who could evaluate sites environmentally. Commissioner Halkiotis said that this process has been going on for several years. He has a problem with not stating up front the criteria. He wants to be clear and specific to the citizens up front. He does not want any misunderstandings in this process. The ad should state a purpose with respect to the parameters. He would like to move forward. The Board agreed to review the criteria at their next meeting scheduled for June 27`h Commissioner Gordon agreed that there should be a representative from a recognized environmental group and that ERCD should be available at least in a consulting role. John Link said that the Site Selection Committee will establish the weight of each item listed as part of the criteria for a site for a community college. Pam Jones said that this group will look at several sites and rank the sites and bring that ranking back to the County Commissioners for a decision. It would be no different from anything the County Commissioners get from any other advisory committee. Commissioner Gordon said that it does mean that all the sites will be public knowledge and that could affect the cost. John Link said that at a certain point in the process, the County Commissioners need to look over those sites that meet the criteria and go through a process of deliberation. Dr. Wynn made reference to a discussion after the Community College task force had submitted a report with the list of criteria. The rating system would allow for viable sites to essentially be evaluated so that a lot of the initial information gathering would be available to come back to the County Commissioners to help them in their decision. He said that he saw the committee as a way to get citizen input, build consensus for the right site, and to provide a package of information to help make it easier for the County Commissioners to make a decision. Chair Jacobs reiterated that the County Commissioners are ready to approve the composition. They will review the criteria next week and approve the Site Selection Committee appointments on August 20, 2002. He suggested that an alternate be appointed in addition to the two County Commissioners and that all meeting notices and minutes be provided to each County Commissioner. It was decided that this entire item will be brought back for decision at the June 27, 2002 meeting. John Link said that he will be recommending that the Site Selection Committee be involved in the process up to a certain point including looking at sites and providing a rational criteria. At that point their job is finished unless this Board asks the Site Selection Committee to proceed further. He thinks that we need to be prepared because some citizens may not be in favor of this facility. Dr. Wynn said that this Site Selection Committee would take the criteria, look at sites and apply the criteria, and have each packaged up so that when it comes to the County Commissioners, the best thinking on these sites is provided to the County Commissioners in making a final decision. Commissioner Brown would like for the Mayors to be taken off of the advisory group and placed on the Site Selection Committee. Dr. Wynn said that he does not feel that the Mayors would have a role in site selection but they would in the needs assessment because they are trying to get all the information they can about the needs for adult training in the County. This is where they need the Mayors' involvement. Commissioner Carey suggested letting the Mayors serve on the committee if they want. Chair Jacobs suggested that the Mayors be asked on which group they would like to participate —the Site Selection Committee or the Needs Assessment Committee. Commissioner Gordon asked that the Site Selection Committee have someone on it with experience in transportation. She asked that the rating system come back to the County Commissioners for approval. Commissioner Gordon suggested that at the end of the process that the Site Selection Committee be just the County Commissioners and the DTI Board of Trustees when the recommendation is brought forward. ADDED ITEM 9a1. TIP Project U-2909, SR 1780 Estes Del from SR 1722 (Greensboro Commissioner Gordon said that the County Commissioners asked about the Estes Drive project, which has been in the planning process for some time. There is a report in the Manager's memo about this project. Karen Lincoln also drafted a letter that she hoped would capture the concerns of the Board. Commissioner Brown made reference to the fourth paragraph where it says, "Designing the Bolin Creek crossing so that a future trail can be constructed.." and said that it is a future greenway. Also, in the second paragraph, the word "trail" should be dropped. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the letter as presented and as amended by Commissioner Brown. VOTE: UNANIMOUS b. Bid Award: Whitted Building HVAC Renovation The Board considered awarding a bid for HVAC system replacement at the Whiffed Building. Pam Jones noted that this project is being paid for from the 2/3 net debt monies that was borrowed two years ago. As soon as this bid is awarded, they will begin in the recreation department and move to the Health Department clinic, then to DSS offices and down to the library and the first floor. The entire project is estimated to take around 15 months. They will have a fairly active public information plan to inform citizens where services and functions are relocated. Chair Jacobs asked what 2/3 net debt reduction bond means in terms of the advantages of using this kind of funding. Assistant County Manager Rod Visser said that these are general obligation bonds which may not exceed 2/3 of the net debt reduction for the previous year. The interest rate was probably in the low 5% range. Chair Jacobs asked how the health and safety issues in this project would be rated. Pam Jones said that there are fairly significant air quality issues in this building. Chair Jacobs said that he thought this initiative was tied to funding improvements needed at the Northern Human Services Center. He asked if this might have an adverse affect on the possibility of our being able to fund improvements at the Northern Human Services Center. John Link said that the priority has always been to address the air quality issues at the Whiffed Center and to use the money left from the 2/3 net reduction fund to address some of the needs of the Northern Community Center. Commissioner Halkiotis asked how much would be left over from the net 2/3 debt reduction monies. The Whiffed Center is an old structure and we have employees, senior citizens, sick people, and library visitors in this building. He said that we need to remind people that we did not go out and buy a new three-story building. This is a very small investment to make for a capital facility that has been waiting for somebody to do something significant. Commissioner Brown asked about the general painting and floor replacement and asked how this was going to be chosen. Pam Jones said that they will look at alternatives to carpet. If not alternatives to carpet, at least carpet which will not give off fumes and will be environmentally safe. A building committee will chose the colors for the walls. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to: - award a bid to Environmental Air Systems, Greensboro, NC in the amount of$2,328,874; and - authorize the Chair to sign the resulting contract, contingent upon Attorney and staff review; and - authorize the Manager to approve change orders within available funding for the project; and - include Commissioner Halkiotis in the process of looking at some of the environmental issues. The bid includes $2,064,344 for HVAC/ceiling/lighting funded by 2/3 net debt reduction bonds approved in the Spring of 2000; $49,301 for data wiring funded by Information Technology Capital Project; and $215,229 for renovation of the Health Clinic funded by Medicaid Maximization Capital Project. VOTE: AYES, 4; NO, 1 (Chair Jacobs- He thinks this is a bad message to be sending at this particular time to the citizens of Orange County. He thinks 2/3 debt reduction is going to go right past people and they are going to see that we are asking for a tax increase and we are spending more than two cents on the tax rate to renovate a building that he is not convinced is a crisis. He thinks that what is going on with our finances is a crisis. He thinks that our actions ought to be consistent with our words. He thinks that a $2.1 million expenditure of County monies is not a cautious move.) C. Status Report for Rogers Road Waterline Connections The Board provided comments on a status report regarding the grant program to fund connections to waterlines in the Rogers Road neighborhood. In answer to a question from Commissioner Brown about the 36 applications that have been received, Housing and Community Development Director Tara Fikes said that they started taking applications shortly after February 5`h. They had a community meeting on Monday, April 8th, and as a result, went out to the neighborhood to make it more convenient for the applicants to apply for the program. From a preliminary assessment, 26 are eligible, 8 are ineligible, and 2 are incomplete. Commissioner Brown made reference to the rental rates for the rental property. Tara Fikes said that this question will be asked when they enter into a rental agreement. They will assess if the rents are fair. The water bills will be paid by the renters. They anticipated that 80% of the people who apply will be eligible for the program. Commissioner Carey asked if there is a timeline for applications for assistance and for the 26 who are eligible. He asked how the percentage of cost that the resident would have to pay would be determined for connection. Tara Fikes said that the assistance program will be in affect until December 31, 2004. We want to get the existing residents to come forward now. The County will pay the cost of the laterals from the street to the house. Chair Jacobs would like to know, of those who did not qualify, how many are at 100% of median income or below. He said that something that still needs to be worked out is how some citizens will pay to upgrade their plumbing so that water can be provided to their homes. d. Appointments to the Adult Care Home Community Advisory Committee (ACHCAC) The Board considered appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Brown, seconded by Chair Jacobs to appoint Cherie Rosemond and Florence G. Soltys to one-year training terms to expire June 30, 2003. VOTE: UNANIMOUS e. Reappointment and Two New Appointments to the Agricultural Preservation Board The Board considered one reappointment and two new appointments to the Agricultural Preservation Board. A motion was made by Chair Jacobs, seconded by Commissioner Gordon to reappoint Marty Mandell to a first full term to expire on June 30, 2005 and to appoint Kimberlee Ferrell Roberts for a term ending June 30, 2004 and Gordon Warren for a term ending June 30, 2005. VOTE: UNANIMOUS f. Appointment to the Carrboro Board of Adjustment The Board considered one appointment to the extraterritorial jurisdiction seat on the Carrboro Board of Adjustment. After a brief discussion, the Board decided to postpone this appointment in order to get some clarification on the list of members. g. Appointment to the Carrboro Planning Board The Board considered one appointment to the extraterritorial jurisdiction seat on the Carrboro Planning Board. Chair Jacobs noted that the Board appoints all of these representatives to boards and then we never hear back from them. He said that it would be nice to get a report, even once a year, on issues of interest to the County. The Board decided to advertise further for this position to try to get some additional applicants. h. Appointments to the Commission for Women The Board considered appointments to fill four vacancies on the Commission for Women. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint the following people: - Cynthia Person, At-large position, unexpired term ending June 30, 2003 - Jaclyn Lipchak, Chapel Hill Township position, unexpired term ending June 30, 2003 - Carole C. Price, At-large position, first term, ending June 30, 2004 - Frances Shabazz, Chapel Hill Township position, first term ending June 30, 2005 VOTE: UNANIMOUS i. Appointments to the Fairview Area -Master Plan Committee The Board considered appointing two of its members to the Fairview Area Master Plan Committee. Commissioner Halkiotis and Chair Jacobs volunteered to serve on this committee. Commissioners Brown and Carey volunteered to be the alternates. The Board agreed to this by consensus. L Appointments to the Joint Orange Grove Road Transportation Group (JOGRTG) The Board considered appointing two of its members to the Joint Orange Grove Road Transportation Group. Chair Jacobs and Commissioner Halkiotis volunteered to serve on this group. Commissioner Carey volunteered to be the alternate. The Board agreed to these appointments by consensus. k. Appointment to the Personnel Hearing Board The Board considered one appointment to the Personnel Hearing Board. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to appoint Ed Caldwell for a term ending June 30, 2002. VOTE: UNANIMOUS I. Appointments to the OPC Area Program Board The Board considered one appointment to the OPC Area Program Board of Directors. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint Mary Bowe for a term ending December 31, 2006. VOTE: UNANIMOUS m. Charge and Parameters of the Comprehensive Plan Land Use Committee (CPLUC) The Board considered changing the parameters of the Comprehensive Land Use Committee. Tom Tempia, Comprehensive Plan Supervisor, summarized the information which is included in the agenda. Commissioner Halkiotis suggested that before we start setting meeting dates that we identify the person whom will be providing minutes of this committee. He feels that this group is very significant. He questioned if the infrastructure is in place to provide minutes from all the committees they have approved. He feels we need to have a process that our attorney says is legal where any commissioner can attend and sit in on these meetings. He wants to know what is happening with this committee in a timely manner (within one week). Geoffrey Gledhill said that the group is a public body and the meetings will be noticed and minutes will be kept because it is a public body. If there are less than 3 County Commissioners on it, it is not a County Commissioners' meeting. As long as the two people who are appointed participate and deliberate, it is a separate public body. If other County Commissioners are present who are just observing, then it is not a County Commissioners' meeting. Commissioner Brown said that she did not volunteer for this committee because she felt it would be time consuming. As she can tell, this committee will meet four times during the summer. Tom Tempia explained that there would be one meeting in each of the months of June, July, August, and September. The committee will present to the County Commissioners a list of the growth issues to allow the County Commissioners latitude in assessing what needs to be done. Craig Benedict said that through the various presentations made the last couple of years, they have made different projections (students, traffic, and population) and they want this committee to help identify the ceiling for these projections. Every idea will be brought forward to the committee. These will eventually be brought forward for a public hearing and then from public input, new regulations will be developed. Commissioner Brown said that there is very little mention of sustainability or environmental or green infrastructure in the information in the agenda. Tom Tempia said that this committee will be discussing sustainability during the second or third meeting. Commissioner Halkiotis agrees that sustainability/natural limits to growth should be part of the discussion because it is important and should be part of the charge/purpose. He is not comfortable with having it evolve out of the discussions. Commissioner Brown clarified the term "sustainability" saying that there is a point and if you move above that point you sustain the quality of life. If you move below that point, erosion of sustainability takes place. Commissioner Gordon made reference to the comprehensive plan land use element tentative process and schedule. She said that the County Commissioners have not agreed on this and she thinks it would be better if it were not presented at this time. Craig Benedict said that before he proceeds with any small area study, a report will be presented to the County Commissioners. At that time, changes may be made to the process from that point forward. Commissioner Gordon asked how it was determined from the three County Commissioners who wanted to serve on the CPLUC, the two who would be members and who would be the alternate. Chair Jacobs said that they decided it among the three who wanted to serve. Commissioner Carey and Chair Jacobs will serve and Commissioner Gordon will be the alternate. Commissioner Gordon wanted to serve, but there was a vote between the three Commissioners for Commissioner Carey and Chair Jacobs. Commissioners Carey and Jacobs participated in the vote and Commissioner Gordon did not participate in the vote. Commissioner Brown asked that, in the future, if there is a controversy among the County Commissioners on who should serve on what, that it be brought back to the County Commissioners for Board discussion. Commissioner Brown said that the County Commissioners clearly expect that the reason for these meetings is to understand that the conditions in the County are going in a certain direction rapidly and that we do not want the County to deteriorate. The first meeting of this group is scheduled for June 24`h at 5:30 p.m. at the Southern Human Services Center. n. Davis Farm Subdivision — Preliminary Plan The Board considered a preliminary plan for the proposed Davis Farm subdivision. Robert Davis, Current Planning Supervisor, said that this is a six-lot subdivision located on Davis Road to the west of Old NC86. It is a 21.31-acre tract and the average lot size is 3.4 acres. The plan calls for 20,370 square feet of open space, which shall be reserved for private recreation use, and approximately 6.57 additional acres, which will be protected through private covenants and a potential conservation easement. The property is subject to the Neuse River regulations. There is a 100-foot Duke Power easement with a transmission line crossing the site from east to west. There would have to be a buffer along the easement for landscaping purposes. The developer has offered a 100-foot buffer along Davis Road, which would be restricted to no buildings. Approximately 70 feet would be open and available for septic systems. He said that there does not appear to be any recreational resources that the County would be interested in on the site and payment-in-lieu would be a reasonable alternative. The payment-in-lieu of $2,730, would be $455 per platted lot. All of the lots will be on well and septic. The Planning Board had a positive recommendation and the administration is recommending approval in accordance with the attached resolution. Chair Jacobs asked why this is a conventional instead of a conservation cluster option. Robert Davis said that a conservation cluster would cause the entrance road to be moved where the site visibility would be reduced. Chair Jacobs asked about a requirement for a homeowners association. Robert Davis said that this subdivision is six lots and no homeowners association has been proposed. There could be deed restrictions for the open space where each owner would have an interest in the open space. Chair Jacobs feels that this is a case where no one would be responsible for the open space and there would be no mechanism for maintaining it. Robert Davis said that with a conventional subdivision, there is no open space requirement. This is a question that the Planning Board discussed where you have open space but no one designated as responsible for the maintenance of that area. Chair Jacobs does not feel that this is a very clear way to do business. Geoffrey Gledhill said that the only common open space would be the easement. Commissioner Brown asked clarifying questions which were satisfactorily answered by Robert Davis. Commissioner Carey asked if the developer considered extending the roadway through one entrance instead of creating a second entrance. Robert Davis said that he would have preferred having one entrance but it did not work out. Also, the owners did not want to have just one entrance. In answer to a question from Chair Jacobs about the parcel to the east, Robert Davis said that the owner's brother owns that land. Steve Yuhasz, the developer, made reference to the concerns about the conservation easement and said that the intent is that this conservation easement will be enforceable by someone and stay in the state it is in at the present time. Regarding the minor subdivision that occurred prior to this subdivision application, the road was an existing private driveway and Mr. Davis' daughter's house is on the back of this lot, which is on the private road. The road is not one that is suitable for more traffic than those two houses would generate. The private recreational space was voluntary and will probably be unused. He said that the homeowners association with just six members is going to be inactive. Regarding the likelihood of further subdivision, he said that the area in the back of the lots is generally wet and not suitable for septic tanks. In answer to a question for clarification about the possibility of a conservation easement— public or semi-public - David Stancil said that this is a conservation easement but it is not clear who will maintain it or how it will be maintained. Commissioner Brown asked for clarification on the road. Steve Yuhasz said that DOT came out and identified the best location for the road. The road is in the right place to give the maximum sight distance in both directions along Davis Road. Homer Davis said that this land has been in his family since 1913. This land was terraced and has been kept that way. There is no erosion there. The lot layout is according to the terracing of the land. There are three elevations. His daughter has two lots on this property with one entrance. He said that the two factors important to him are maintaining the road and safety. This is where they want the road to go. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the Preliminary Plan for Davis Farm subdivision in accordance with the resolution of approval. Chair Jacobs asked if we should nail down who holds the easement. Geoffrey Gledhill suggested that this be addressed in paragraph two under "Parkland" on page seven of the agenda abstract. He suggested the following language: "The conservation areas will be subject to the conservation easement in favor of all six lots in the subdivision which easement shall be assigned to Orange County or a land conservancy at the request of the County or the land conservancy." This language was agreed upon by the Board. VOTE: UNANIMOUS Chair Jacobs asked to see in writing from DOT the analysis they do for roads and transportation. He also asked where we are in the payment-in-lieu study. Craig Benedict said that the payment-in-lieu study is back in the hands of the Planning Staff to provide additional information so that the consultant can finish the work. o. Tuscany Ridge Subdivision — Preliminary Plan The Board was to consider a preliminary plan for the proposed Tuscany Ridge subdivision. However this was delayed until the next meeting. 10. REPORTS - NONE 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Carey 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) VOTE: UNANIMOUS 14. ADJOURNMENT With no further items to consider, a motion was made by Commissioner Gordon, seconded by Commissioner Carey to adjourn the meeting at 11:25 p.m. The next meeting will be held on Thursday, June 20, 2002 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CIVIC