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HomeMy WebLinkAboutMinutes - 20020909 APPROVED 11/19/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION SEPTEMBER 9, 2002 The Orange County Board of Commissioners met for a Work Session on Monday, September 9, 2002 at 7:30p.m. at the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice B. Gordon (came in at 8:30pm), and Stephen Halkiotis COUNTY ATTORNEYS PRESENT: Geof Gledhill and Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Assistant County Manager Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff will be identified below). NOTE: ALL DOUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR FIVE (5) YEARS. OPENING COMMENTS Chair Jacobs pointed out the Triangle J COG memo, which announces a new Triangle J Council of Governments (TJCOG) and UNC Institute of Government (IOG) project that is designed to provide research and guidance for local governments considering "Inclusionary Zoning." This will also be in the Manager's memo, but he wanted the Board to think about who we might want to represent us in the inclusionary zoning group. Chair Jacobs also pointed out the yellow sheet in the red folder, which has to do with the inability of the gates at Lake Orange to be opened at the moment. County Engineer Paul Thames reported on this problem. He said that this morning the gate that releases water from Lake Orange is broken and no water is escaping from the Lake. A contractor will be out tomorrow to look at the problem. Commissioner Halkiotis asked how many gates there were there and Paul Thames said five. The one on the east side of the structure is the one that they have been using. One gate closes off discharge. He said that the inside of the intake structure may be wet but it is not submerged. Commissioner Brown asked about water released from the dam and Paul Thames said that there had not been water released over the dam because there was sufficient in-stream flow. The only water out has been from leakage. Chair Jacobs asked if and when this is fixed, would we work on the bottom gate that has been frozen for many years. Paul Thames said that it would be risky to operate this gate because it is completely silted in on the outside. If this gate malfunctioned in a top position, it would drain Lake Orange completely and this is too risky. He is reluctant to make that happen. He will keep the Board of County Commissioners informed about this issue. Commissioner Brown reported on her trip to Washington, DC for the court hearing regarding the storage of spent fuel rods at the Shearon Harris Nuclear Power Plant on September 5, 2002. The case went before three judges —the DC Court of Appeals —and hopefully they will decide about the case in the next 3-5 months. Dianne Curran presented a fine case for the County. The case was based on the fact that the county is asking for an evidentiary hearing and the county wants the NRC to do an environmental impact study. The NRC has said that their generic studies are adequate. The NRC, CP& L, and an organization that represents the nuclear power industry had 23 attorneys and they said that it was not important to look into it. Commissioner Carey asked if the judges asked any questions and Commissioner Brown said that one asked why did we think we belonged there. County Attorney Geof Gledhill asked what Dianne Curran's answer was to that question. Commissioner Brown said that she was not sure, but it was to say that we were here representing the citizens of the County and the State. Chair Jacobs pointed out that, since there is a water shortage, the Board has abandoned plastic washable cups and have gone to biodegradable cups that do not need to be washed for this interim time. Commissioner Brown referred to a memo about Orange County Middle School design where it says that they were recommending using the middle school built in Chapel Hill- Carrboro for the Orange County Middle School design, but they were going to eliminate the solar water heating system, the rainwater collection system, the heat recovery system, and the PVC membrane roof. She asked why they would want to do that. Commissioner Halkiotis said that they are trying to knock off$1.5 million from the cost of the school. They will put these items on as an add-on depending on the bid. Commissioner Brown asked about the 3% inflation factor and said that this seems high to her. Commissioner Halkiotis said that this is for contingency. It all depends on the favorable bidding market. Commissioner Brown asked about a letter to be written to the UNC Chancellor about the property sold to a private developer. John Link said that the letter would be written. Chair Jacobs said that he and Commissioner Halkiotis had lunch with the Chancellor today and opened discussion about purchasing property. 1. Housing Bond Policy Revision Housing and Community Development Director Tara Fikes said that after voters approved the bond in November, the Affordable Housing Advisory Board started to review their housing bond policy in preparation for identifying projects for the upcoming round of bond funding. She introduced Allan Rosen, Vice-Chair of the Affordable Housing Advisory Board, and Chair of the ad hoc committee of the Advisory board. Allan Rosen spoke about a fully developed document that was put together in 1998 and was revised as part of the task force work in 2001. He made reference to page three of the handout under"Separate Funding Pools Strategy" and said that a significant change that they are recommending is for the first round of funding, the $1.3 million. They recommend that there be three separate funding pools: 20% ($260,000) be set aside for homeownership, 20% be set aside for special needs projects, and 40% be set aside for non-special needs or general population rental housing. They recommend that the final 20% be reserved for land banking. There is also a slight change in the Project Review and Selection Committee. They recommend that there be up to three members from the Affordable Housing Advisory Board. They also recommend that there be four members from County staff, and one representative each from the Towns of Chapel Hill, Carrboro, and Hillsborough. Regarding the reporting requirements, the advisory board will be responsible for reviewing and reporting to the County Commissioners on the status of the bond program and projects on a semi-annual basis. Allan Rosen made reference to page six of the handout, which has the criteria that total 100 points. Income targeting can generate a total of 25 points. The second criterion is leveraging, and this is unchanged. He explained each of the criteria. In the Building Design criteria, a fourth was added that additional points may be awarded for meeting aspects associated with functionality and maintenance. In the Community Design criteria, a second was added that additional points may be awarded for criteria associated with building appearance, quality of construction, compatibility with surrounding housing, ability to foster a sense of a secure community, and contributes to neighborhood revitalization. The final criterion is Developer Experience and there are three sub-criteria. The first is unchanged and the other two are intended to allow agencies that have never yet done a construction project to score points based on their experience in related fields. Allan Rosen said that the advisory board would like to receive any comments from the Board of County Commissioners and respond to any questions. They have received comment from five different agencies, and this was included in the agenda packet. The next meeting of the advisory board is tomorrow night and they will prepare a set of final revisions for the County Commissioners' consideration at the October Vt meeting. Commissioner Carey asked about the process and if projects that include housing units in all three categories must submit three separate proposals. Allan said that in the past they have dealt with this separately. He said that hopefully they would clarify this at their next meeting. Chair Jacobs made reference to page 22 and suggested leaving a "weasel" phrase so that during the pre-application meeting, a strategy can be developed for dealing with a multiple thrust application. Commissioner Carey said that there seemed to be an encouragement for rental housing in this round. He asked if this was intended or if it was a function of what the greatest need is now. Allan said that they believed that rental housing was the greatest need at this time. Commissioner Halkiotis said that Board of County Commissioners has raised concerns about having funds available when opportunities present themselves as land comes on the market. He said that the whole concept of land banking might not have an opportunity to be considered because land disappears quickly. Commissioner Brown wants to thank all for the report and suggested keeping a database of everything that is done with bond money. She is interested in land banking and said that we need criteria and asked if the advisory board could finish these revisions by the end of the year. Allan said yes. Commissioner Brown asked about a "variety" of housing types in one single application and Allan said that this could be addressed in the pre-application process. Commissioner Brown asked about the "buying back" program and said that she thought that the County would have an opportunity to purchase back the properties in case they went public so that they could be made affordable. Tara Fikes said that the conversation originally occurred related to the local Affordable Housing Trust Fund. She said that this fund might be the most appropriate fund to use for a "revolving purchase". Chair Jacobs said that it was a legal issue with a revolving fund. Geof Gledhill said that there is always an issue about using bond money for a revolving fund. He said that it was better to set up a reserve fund and use bond money for projects. Commissioner Carey said that in the interest of encouraging homeowners to maintain their property, he hopes that we make it simple and easy to do such a thing. Geof Gledhill talked about this issue. He said that the equity sharing formula only comes into play if the house is going to be lost to the affordable housing community. Commissioner Carey said that this was brought up before and that he wants to protect the County's interest and it was perceived at a public hearing that equity sharing was unfair and he does not want to provide a disincentive for people to keep their houses up. He would like to understand this better. Commissioner Gordon came in at this time at 8:30p.m. Chair Jacobs said that this discussion could take awhile and asked if Robert Dowling could go into detail with the Housing Board and come back to the Board of County Commissioners. Chair Jacobs made reference to land banking and said that he thinks that there are two different kinds. One kind is that the land is presented immediately and you have to make a decision now and the other is that the property is coming on the market and they are willing to give us some time to make a decision. He said that we might want to have a different kind of a process for an expedited situation. Regarding mixed housing types, he said that we would want to avoid ghettoizing the types of housing. He explained ghettoizing as just one type of housing such as rental. He encourages a variety of housing types. Commissioner Brown asked if mixed housing types were included in this project and Tara Fikes said no. Chair Jacobs made reference to page 7 and said that the argument was made that if the public was to be reimbursed to such a great extent, then surely it is worth awarding two or three points. He thought that this was a good point. Chair Jacobs made reference to page 12 where it says, "The Affordable Housing Advisory Board will review the bond program semi-annually to monitor the housing bond program, raise policy issue with staff, and receive information." He assumes that part of that is to raise issues with staff and the Board of County Commissioners. The answer was yes. Commissioner Brown said that the Chapel Hill Town Council had an Affordable Housing meeting and asked if the Town Council could come and give a report. It was answered that that was the intent. Commissioner Brown asked about the Regional Center for Affordable Living at Triangle COG. Tara Fikes answered. Commissioner Brown asked about the Affordable Housing Task Force Report and said that the end of it had a lot of good suggestions. She asked for the advisory board to go back and review those suggestions. Commissioner Gordon made reference to the long-term housing affordability policy and said that she is glad to see it since we were supposed to update it within two years and that we are on schedule. 2. Courthouse Clock — Proposed Plaque John Link said that the County, the Town of Hillsborough, and the private sector are all working together to prepare and restore the courthouse clock. Craufurd Goodwin has been a leader in getting this project moving forward. He asked Craufurd Goodwin to report on the success on raising money from private donors. The idea of the plaque is to recognize the Town of Hillsborough, the County of Orange, and the private donors that have donated $1,000 or more. Craufurd Goodwin said that a group of citizens in Hillsborough were charged by the Town Board to look into repairing the clock. The total costs of restoration is estimated to be $90,000. The County committed $25,000 and Hillsborough gave $30,000 and they had to raise the rest. They have $18,000 cash in the bank. He learned quickly that you have to recognize the donors and he thinks it appropriate that they should be recognized. Chair Jacobs said that they decided to put this on a work session instead of a regular meeting in case there were objections to this project. There is not a problem with this project, but if someone objected, the thought was that it could be addressed in a low-key setting. Commissioner Carey asked how the donors would be recognized. Craufurd Goodwin said that there would be different sized type on the plaque for greater contributions. Nine families have contributed $1,000. Commissioner Brown asked how many people contributed less than $1,000 and Craufurd Goodwin said a few. Craufurd Goodwin pointed out that they have raised these funds expense free. Commissioner Brown asked if school groups raised money, even if it was less than $1,000, could they be put on the plaque. Craufurd Goodwin said yes, but it takes a lot of organization. Commissioner Halkiotis asked about the clock repairer and Craufurd Goodwin said they are from New York. He said that it has been over 200 years since the clock has been serviced. Commissioner Halkiotis asked about the progress on the structural repairs of clock. It was answered that this cannot be done until the clock is out. John Link said that Craufurd Goodwin would come back with a mock up of the_plaque. Chair Jacobs asked where the plaque would be put and Craufurd Goodwin said that it has not been decided. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to follow the Manager's recommendation to review the attached letter, discuss the possible erection of a plaque recognizing contributors to the Courthouse Clock restoration/repair, and provide any direction to staff. VOTE: UNANIMOUS 3. Park Construction and Process Issues Environment and Resource Conservation Director David Stancil introduced Kimberly Surran, the Open Space Design Specialist. She is new with ERCD and she said that she is glad to be in Orange County. David Stancil said that there were four items. a. Southern Park The Town of Chapel Hill has approved the conceptual plan for this park and there have been representatives from the Board of County Commissioners and the Chapel Hill Town Council working on the process for approval of the construction of Southern Park. David Stancil pointed out a cover letter from Mayor Foy and Council members Bateman and Strom, followed by a proposed process of the park. The Town will require a special use permit, which will take about a year. David Stancil made reference to page 10, which was a summary of notes. Under this proposal, the Board's review would be limited to review and comment opportunities in subsequent steps. There is some limited approval of the budget in the Town's proposal. The Town's proposal would propose creating a Project Planning Committee that will make recommendations to the Town Manager and the Town Council, look at project designers, look at construction bids, and provide updates on the construction process itself. The third bullet notes that if this group does not reach consensus, the provisions would allow the Town to make the decision in order to avoid delays in the project. Finally, there is a proposal for an inter-local agreement to be signed prior to the special use permit by the County and the Town that would commit the County to making bond funds available on a given schedule. John Link said that he thought this was illegal and that he would never recommend that the Board, through some inter-local agreement, do this. He had not seen this before. Chair Jacobs said that he had some issues with the notion that they would be involved in the initial process but would be trumped at every turn should there be any kind of disagreement, but that we would be committed to providing the funding anyway. He said that he remembers seeing that the group would have three Town Council members and two County Commissioners, so the County would always be outvoted. Commissioner Gordon said that a Memorandum of Agreement (MOU) concerning the capital funding and operation of parks was essential to define the roles of the county and the towns. She said that all of the money is coming through the County, so we want a say so, and yet we do not know in the end what the County's role is going to be. Commissioner Brown said that she did not see it this way. She said that the Intergovernmental Parks Work Group started out with the MOU being a goal and they worked on it a great deal. They discovered that we had these parks at different stages and each one of them needed to be looked at separately. She does not think that a blanket MOU will be functional or necessary. John Link said that if we commit to funding this project and we disagree then we continue to fund it, it is not right. He said that# 1 should be taken away. Chair Jacobs said that what he meant to say was that he had no problem with a basic template for this, but this project and the aquatic center are already far enough advanced and we realized that there was no template. He said that these are not ideal projects for having some kind of basic process. Out of this, we can glean what works and what does not work. Commissioner Carey said that he thinks we need an MOU, if the MOU means that everybody agrees on the process. He said that if you want money then you have to agree with an MOU in the future but not with these particular projects, since they are already so far in the pipeline. Commissioner Gordon said that she thinks that we need this MOU for the long term. On the short term, there is a template — it is a town park and they will run it and all we have to work out is the details. But for the future, it would be helpful to have an MOU. Dave Stancil said that the proposal from the Intergovernmental Parks Work Group was kind of a hybrid. He said that the Town's proposal could be done under the Intergovernmental Parks draft because that proposal actually suggested that there be a template that could turn into an MOU. Commissioner Gordon asked John Link if he was suggesting that we use the school's model. John Link said that after you agree on the project, this is the point where you execute whatever final budgetary document that conveys the money. He said that it appears in #1 is that the County agrees that it will commit to making the proceeds of the bond available for this project on a given schedule, irregardless of whether the County agrees with the final outcome. This is what he disagrees with. This may not be the intent, but if it is, he is saying do not do it. Commissioner Carey asked if the County approval of the final design of the project was before or after the special use permit. Dave Stancil said that the special use permit should result in something that would turn into construction drawings. So, the Town would like the County to commit before the constructing drawings. Commissioner Brown would like to ask the staff to write up what they think the financial calendar piece should be. John Link said that bonds are sold and are available by a certain time and then the Board decides when it is comfortable to give out the funds. Commissioner Brown said that on this project there is not even a budget as such. There is a concept plan, which had a general budget that used up all the money. She thinks that we need to go back and look at the project in terms of what it might really cost if given a budget. John Link said that Gwen Harvey, Rod Visser, Dave Stancil, and Donna Dean would work together to come up with the language and run it by the Chair and Commissioner Brown. Chair Jacobs said there is some perception that the County slows everything down and having two boards makes everything go slower. He understands that there is some of that sense of frustration that is reflected. He said that we do have a policy separate from this that in any of these new projects, if it is within a town, they have to match funds with us. Commissioner Gordon said that this captures the concerns. Chair Jacobs said we did informally tell them that we would give a response by Christmas Break. Commissioner Brown said that we should clarify the project committee, which should have two Commissioners, the Parks Director, David Stancil, and maybe Pam Jones, and two town board members instead of three. b. Park Facility Planning Process David Stancil said that this deals with just County parks. He said that they have tried to prepare some basic operating principles, which are on page 11. He explained what was on the summary sheets for each project. Regarding Cedar Grove Park, there is a pre-concept plan that the Board looked at but did not adopt as part of the Northern Human Services Center. The Board would need to turn the pre-concept plan into a concept plan to design the park. The possible opening would be Fall 2004. Commissioner Halkiotis said that this group has not met in a long time. He asked who would coordinate the meeting of this next group because there are a lot of issues regarding septic field areas, water, parking, etc. John Link said that the problem is the septic field and he asked when this would have to be addressed. David Stancil said that it would have to be addressed in the concept plan process. Commissioner Brown said that the key could be the beginning of some kind of design of the land. She said that if there was a preliminary concept plan they could put some soccer fields in. Chair Jacobs said that there needs to be a way to figure out how the soccer component will fit in. He also thinks that more than two or three people from the community need to be on the committee. Commissioner Brown suggested having a nature trail at this site with some good signage. Chair Jacobs suggested using phases for the project. Commissioner Gordon said that we should mention somewhere about the septic problems in a report and make this known to the public so they can see why it takes so long to get this done. Commissioner Halkiotis said that the schools are the only things that get built the fastest. He said that the septic problem is why this is a long process, but the public probably does not understand why it is taking so long. Commissioner Brown asked David Stancil to set up another meeting for the Cedar Grove Park. David Stancil said that the next item is Phase I of Chapel Hill Township Park. This process is underway and the committee is going to start meeting. The concept plan will come back to the Board in June 2003. Construction may be able to start in February 2004. This is another project that could be phased. Commissioner Brown said that we need to make sure that the recreational needs of the school are combined as much as possible with the recreation piece of the park. David Stancil said that he has set up a trip to look at a similar park/school design in Richmond. David Stancil said that Efland —Cheeks Phase I has been completed. The key question from citizens is what we do with the $250,000 for Phase 11. He asked if the Board would like to revisit the concept plan since it is a few years old. He recommends that the concept plan be reviewed to see what could be done. Commissioner Gordon asked what David Stancil recommends be done with the concept plan. David Stancil said that a group could be appointed to look at the concept plan and make some recommendations. Parks and Recreation Director Bob Jones said that Richmond Hills subdivision has been built since the concept plan, so this needs to be taken into consideration. Commissioner Brown asked if Commissioner Halkiotis could be on this park group and he said that would be fine. Commissioner Halkiotis said that the Board talked with Habitat for Humanity to develop a small bridge causeway for the kids to come to school from Richmond Hills into the back of Efland-Cheeks Elementary. Regarding Fairview Park, Chair Jacobs said that he and Commissioner Halkiotis volunteered for this park group. David Stancil said that he understands that there is an interest in master planning the site. He has not heard from the town about their 25 acres and John Link said that this is on the table for discussion. Commissioner Gordon asked about the Fairview Community Policing Center versus a Community Center and who is in there now. Gwen Harvey said that there is no County presence in the building now, but the Human Services Planning Team is working on this. There is dedicated office space for a possible well child clinic, space for senior activities, etc. Commissioner Gordon asked why it was called the Policing Center and Commissioner Halkiotis said it was a political name. Commissioner Carey said that the original function was to have police presence there. Commissioner Halkiotis said that the longer the space that the County helped construct stays empty, we are begging for some other non-County function to slip into it. He suggested that there be an urgency in this process. Commissioner Gordon asked for the staff to come back with an update in a month. Commissioner Halkiotis asked for a master index of all of the inter-local agreements and memorandums of understanding. David Stancil asked about Fairview Park and if it was a park plan or a master plan of other facilities in addition to the park. Chair Jacobs said that we need to ask Hillsborough about incorporating the 25 acres. John Link said that it is to the County's advantage to have a master plan incorporating the use of Hillsborough's property if they are willing. Commissioner Carey will join Commissioner Halkiotis on this Fairview Park group. David Stancil referred to page 21, which is a list of joint County and Town properties. Chair Jacobs asked about the Blackwood Farm property and David Stancil said that he did not include this because there was no funding available. Chair Jacobs said that we should not lose track of the fact that they are out there because we were talking about having an event out there next September to conclude the 250`h celebration. Commissioner Brown asked about a site plan for the Maple View Soccer field. David Stancil said that this would be brought to the Board on October 1'. The staff has almost finished the site plan. Chair Jacobs suggested having it as a public hearing at a regular meeting. Commissioner Brown asked if we should develop a ceremony for the Blackwood property, to acknowledge that it is a public site and to adopt it in the park planning. Commissioner Gordon said that we had promised the Blackwood's a plaque and it would not hurt to do it soon. c. Little River Park and Natural Area Update David Stancil said that there was a meeting held at the end of August with representatives from Durham County and Orange County to talk about the timeline, which is on page 23. This is followed by a draft inter-local agreement between the two counties. The next step is to present the concept plan to the Little River Park Advisory Council. David Stancil went over the summary of the meeting on August 28`h, which was on page 34. David Stancil said that the concept plan is only for the few acres around the meadow and the entrance. Chair Jacobs said that our staff is working on the trail aspect. Commissioner Brown asked who would handle the programming and David Stancil said Orange County. d. Smith Middle School Playing Fields David Stancil said that he and Bob Jones met with the Acting Recreation and Parks Director of Carrboro and staff. There are four issues, which are listed on page 35. One was about use of the joint use field, which is available for Town and County use after 4:00 p.m. on days when school is in session. There were some concerns about damage to the field by the high school football team. He took a picture of the field, and he did not see any damage. Item #2 is that the Town and the County were supposed to work together on programming and scheduling of the field when the school is not in session. The County learned that the Town had already taken the step to advertise and schedule the facility. The field's availability has been tied up by soccer. Carrboro did advertise this as a public service announcement in the paper and sent letters to all soccer organizations and other recreational organizations making them aware of the field. John Link said that Carrboro is charging the fees for the field's use and the Chapel Hill- Carrboro City School system is maintaining the field. He said that these are items that need further discussion by all parties. Rod Visser said that the Board would see a similar item on the September 17`h about the reimbursement to the Chapel Hill-Carrboro City School system of the money we owe them for constructing the field and making some drainage way improvements. Commissioner Gordon asked about how much it takes to maintain the fields. Assistant Superintendent of CHCCS Steve Scroggs said that it costs in excess of$4,000. Commissioner Brown asked about the lighting and David Stancil said that Carrboro's approved conditional use permit for the fields included a proviso that called for a modification to that permit at which time lighting was to be considered. A lighting plan has been developed. John Link made reference to page 36, item #4 and said that the school will not be an applicant for the lights. He said that it should be the responsibility of Carrboro. Commissioner Brown asked how the MOU would be reviewed. John Link said that it should be reviewed at the beginning of each season as to who is going to be using the facility. Commissioner Brown said that we spend a lot for fields but for someone to monopolize a field is not a public purpose. John Link said that it was a timing issue for the soccer groups. Chair Jacobs said that we did not discuss these fees and that we probably need to discuss scholarships and outreach on fields that the County has funded. Commissioner Brown said that we should have an opening ceremony for the field. Commissioner Gordon asked about the name and if it is changeable. Chair Jacobs suggested having a contest to name this field. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn the meeting at 10:20 p.m. VOTE: UNANIMOUS The next Board of County Commissioners Regular Meeting is scheduled for Tuesday, September 17, 2002 at the Southern Human Services Center in Chapel Hill, North Carolina. Barry Jacobs, Chair Donna S. Baker Clerk to the Board