HomeMy WebLinkAboutMinutes - 20030930APPROVED 12!1103 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ASSEMBLY OF GOVERNMENTS
September 30, 2003
The Orange County Board of Commissioners met in regular session for an
Assembly of Governments meeting on Tuesday, September 30, 2003 at 7:30 p.m. at the
Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and
Commissioners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: Assistant County Managers Rod Visser and Gwen
Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified
appropriately below)
COUNTY STAFF ABSENT: John Link
CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and
members Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Jim Ward, Edith
Wiggins, and Bill Strom
CHAPEL HILL TOWN COUNCIL MEMBERS ABSENT: Dorothy Verkerk
CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Mayor Mike
Nelson and members Jacquelyn Gist, Diana McDuffee, Alex Zaffron, Joal Hall Broun,
and John Herrera
CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Mark Dorosin
HILLSBOROUGH TOWN COMMISSIONERS PRESENT: Frances Dancy
HILLSBOROUGH TOWN COMMISSIONERS ABSENT: Mayor Joe Phelps and
members Mark Sheridan, Michael Gering, Kenneth Chavious, and Evelyn Lloyd
Vice Chair Gloria Foley, member Lisa Stuckey, and Superintendent Neil Pedersen
ORANGE COUNTY BOARD OF EDUCATION MEMBERS PRESENT: Chair
Keith Cook, Vice Chair Brenda Stephens, and Superintendent Shirley Carraway
NOTE: All other participants are listed in the text as appropriate.
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
Chair Brawn called the meeting to order and said that Mayor Phelps sent a note and
said that he could not be here tonight and sent his regrets.
Chapel Hill Mayor Kevin Foy asked if it was acceptable if Thatcher Fruend made aten-
minute presentation. The boards agreed.
Thatcher Fruend said that according to a recent report by the UNC Center for Urban and
Regional Studies, the Triangle is eating up farmland at a rate of 3,000 acres a year.
This is just the farmland. We are also losing woods, wildlife habitat, and watersheds at
an alarming rate. He commended the County's Lands Legacy Program and Chapel Hill
for putting the $2 million open space bond on the ballot. He said that there is a quirk in
the North Carolina state law that allows towns to buy parkland outside their territorial
boundaries, but does not allow them to buy open space there. This stems from a time
when open space had little value because there was so much of it. This cripples the
ability to undertake inter-governmental cooperative efforts for open space strategies.
Chapel Hill land is selling for $52,000 an acre. If Chapel Hill could buy land in Orange
County that is going for 10% as much, we could protect much more open space. With
the appropriate new legislation in place, the state might double what is assembled
locally. He would like the AOG to discuss the desirability of removing these legal
barriers.
Mayor Mike Nelson introduced Carrbora's new Town Manager, Steve Stuart. He is from
Greenville County, South Carolina.
1. Potential Impacts Resulting from a Possible Merger of the Orange County
Schools and Chapel Hill-Carrboro City Schools
Rod Visser gave a synopsis of the PowerPoint presentation. He did not go
through the entire presentation. The report is on the County's website.
There are two public hearing dates to receive public comment.
Commissioner Carey raised this issue at the County Commissioners' planning
retreat in January 2003. The County Commissioners adopted a goal in March that
asked the staff to prepare an analysis and contemplate a decision on whether to move
forward with merger. The staff prepared a report and presented it a couple of weeks
ago. There are two public hearings in October and two work sessions in November.
The intent of the study is to focus on factual information rather than opinion. The
analysis is not as extensive as other merger studies done by other jurisdictions' outside
consultants. They also acknowledge that there are many questions that the report does
not answer.
In 1986, the County Commissioners received a report from a school merger
study commission that reached four conclusions that are listed in the report. There has
been some successful collaboration since the 1986 report {i.e., SAPFO, use of impact
fees, construction and funding standards, etc.).
Funding equity remains a challenge and the County Commissioners are aware of
this issue. And there has been some progress on this.
North Carolina statutes provide four ways to initiate merger. The County has
focused on the last one, the County Commissioner initiated merger. If the County
Commissioners initiate a merger process, then the per pupil funding for the resulting
school system has to be at a level no less than the amount that the highest funded
school system received any time during the previous five years. Also, under this model,
there is no formal statutory role for the boards of education. Finally, the plan shall not be
contingent upon approval of voters. There are several ways of electing a board of
education.
Regarding the financial considerations, most school funding that is provided
locally is provided on a per pupil basis {current expense and recurring and long range
capital}. The analysis that was performed focused on the difference created by the
existence of the 20-cent Chapel Hill-Carrboro special district tax, which is about $12.6
million a year. He emphasized that the report was trying to focus on the scope and
scale of the financial impacts and not to pin down the exact tax impact.
Given the assumptions used {student population projections), the countywide tax
increase would be about 17 cents per hundred dollar-assessed valuation if a merger
were pursued to take effect July 1, 2005.
The report also talks about some of the capital and SAPFO implications. There
would need to be some revisions to the SAPFO and the impact fee technical report to
change the student generation rates that affect the maximum impact fees that can be
charged.
If merger did occur, the combined student projections for both school systems
could cause a potential delay in opening some of the planned new schools in the next
ten years.
Rad Uisser said that there are other approaches to equalize funding including a
countywide supplemental tax and a phase out of the Chapel Hill-Carrboro district tax,
increasing the County's general fund tax rate, and creating and implementing a special
district tax in the Orange County school system only. The district tax would require a
majority vote.
Commissioner Gordon said that one of the things in the last slide was the
hypothetical OCS district tax. In year one, it requires mare in the County system, but in
year ten, it is less. She said that 62°~ of students in the County are in the Chapel Hill-
Carrbora schools and 3$% are in Orange County schools. Regarding tax revenue, 64°~
tames out of the Chapel Hill-Carrboro district and 36% from the Orange County district.
She asked if the staff were projecting that 64°~ of the revenue was coming from the
Chapel Hill-Carrboro district as it is now and 36% from the County. Rod Uisser said yes.
Commissioner Gordon asked why the OCS district tax would have to be 22 cents
versus the CHCCS district tax of 20 cents. Rad Uisser said that the figure of 22.4 cents
assumed that there would be a revaluation.
Commissioner Gordon said that they received supplemental information from the
CHCCS board last night, 20~" day membership figures for both school systems, and she
would like for all to get a copy of that.
Flicka Bateman asked if you have a merged school system and new facilities
come in line, where would they be located. She asked about the implications for the
rural buffer. Chair Brown said that in their capital-planning pipeline, there is the third
high school in Chapel Hill, another middle school for Orange County, and the elementary
school for Chapel Hill. These schools will be built as planned, but they do not know
about the other schools.
Commissioner Carey said that he knows there is speculation that the rural buffer
would be invaded. A merged system does not affect current land use plans and the
Board of County Commissioners does not have any future plans to change the permitted
uses in the rural buffer. He thinks that regardless of whether there is merger or not,
there is going to be continued growth in this County. If elected officials stick by their
decisions about what's possible in the rural buffer, then we do not have to worry about
schools invading the rural buffer.
Jim VIlard asked about the impact of school merger on property values. He
thinks there are two wonderful school systems. The general perception is that the
CHCCS is one of the top ten in the nation and is a magnet far people moving into the
community. If merger goes poorly or is perceived to go poorly, it may have impacts on
property value. If merger goes well, there may be tremendous growth throughout the
County.
Chair Brown said that it mayor may not have an impact. She said that our land
use planning is firmly in place as well as the joint agreements for the rural buffer.
Commissioner Carey said that his opinion is that in a community that is 95% built
out, it is unlikely that property values are going to be adversely affected, regardless of
whether we merge or not. People are still going to want to live here because it's a great
place to live.
Commissioner Jacobs told Jim Ward that the Board has asked Planning Director
Craig Benedict to report back as to how merger will affect land use plans and to report
on this on November 20t". This should address the concerns about land use.
Jacquelyn Gist asked about how the decision would be made and if there is no
option but for the five County Commissioners to make the decision, and that there is no
referendum, and is that what the law says. Rod Visser said that in a County
Commissioner initiated merger that is correct.
Jacquelyn Gist said that to have just five people making that huge of a decision is
unnerving. She asked if there was no other model to use. She trusts that there would
be a public process as much as possible. Chair Brown said that the legal statutes are in
the report and online.
Chair Brown said that the Board of Commissioners has only asked for a report
for now and that some County Commissioners might have different opinions and
positions. There has been no vote on merger.
Commissioner Gordon made reference to the additional information requested in
the spring that has not been provided yet. She would specifically like to know which
schools would be affected by redistricting and busing. She anticipates this information
on November 20t". She pointed out that one of the major components of merger is
financing, and whether you merge or not, you can have equity of funding.
Edith Wiggins asked when the Commissioners might make a final decision on
merger. She would like to have periodic updates for the Assembly of Governments.
Chair Brown said that thus far there are only two public hearings and two work
sessions in November.
Diane McDuffee commended the Board of County Commissioners for
undertaking this study and she said that it is the right time to do it and she looks forward
to the conclusions.
Edith Wiggins said that she supports the idea of merger and the biggest hurdle is
going to be one of public relations. She thinks that when the people in Chapel Hill
understand that no student will suffer from a merger and that it can only enhance, and
then it will probably be accepted. She wished the County Commissioners well.
John Herrara asked if either of the school boards have discussed this yet.
Gloria Foley said that their board has not taken any position at this time but are
gathering information and discussing it in depth. They are trying to get the issues out as
much as possible so that a good decision can be determined.
Keith Cook said that the Orange County School Board has not made a decision
about merger yet. He is not in favor of merger from what he knows right now. He would
like to look at other options instead of merger.
Jackie Gist suggested putting links on the Town websites about this issue.
2. "Smart Growth" Principles Related to School Design and Construction
Chair Brawn said that they have looked at smart growth principles in working on
CHCCS high school #3.
Commissioner Jacobs said that the Board of County Commissioners
appropriated $27.8 million toward the construction of the third high school, with up to
$2.2 million in additional funds if the project met certain smart growth principles. They
are trying to articulate what these principles are and how they might apply. They have
been focusing on transportation. They view this as an educational opportunity regarding
public transportation. They are working with the school board, the school staff, DOT,
Orange County Planning staff and Carrboro's Planning staff to come up with reasonable
alternatives, with the hope of bringing it to the Board of County Commissioners by
October 21St
Alex Zaffron said that the Town of Carrboro has worked for a while to arrive at a
design for a transportation corridor that emphasizes cycling, pedestrian use, and public
transit. Along this corridor is the J route, which is the most heavily used route. This is
an ideal place for the school system and the County to put into place a facility that takes
advantage of this. They are working with NCDOT to get agreement an this corridor.
Mayor Nelson agreed with Alex Zaffron. This high school site is in Carrboro's
jurisdiction. He said that the County Commissioners and the school board could expect
them to adhere to the transportation values (pedestrian, walk-ability, and biking issues)
as they go through the approval process of the school. He said that this is an ideal
location to transport kids to and from the high school in a different way.
Mayor Foy said that Chapel Hill is watching everyone in this process and their
major involvement will be through the transit system. However, the transit system costs
money and they would welcome any support to enhance the bus system. He said,
regarding Chapel Hill High School and East Chapel Hill High School, they have had
difficulty in providing sufficient service. Frequency is the key. He is assuming that same
people will be using the park and ride lat. He wants to make sure all factors are
considered. He has asked representatives of the school board, the County
Commissioners, the Chapel Hill Town Manager, representatives from Carrboro, and the
Chapel Hill Transit Director to meet at a transit meeting to discuss this in more detail.
He said that it would be easier to design this facility for transit than it would be to retrofit
it.
Commissioner Gordon said that there are some negotiations with Chapel Hill and
Carrboro with DOT on the corridor. She asked Carrboro what they are going to ask the
school system to provide in regards to transportation and then get DOT to buy into it so
that DOT pays for the improvements and gets them done in a timely manner. She said
that East Chapel Hill High School had to pay for a lot of improvements.
Gloria Foley said that part of the reason that the school board took so much time
looking at this site and part of the reason why they picked this site is because it is on the
J route. She said that they did look at student traffic and there were around 278
students on average in each high school moving about during the day. Also, during big
events at both high schools, there are a lot of illegally parked cars. The school board is
appreciative that the Chapel Hill and Carrboro town boards are allowing them to have
representation. She said that they were trying to encourage use of public transportation
within the schools.
Commissioner Jacobs asked if it would help to expedite things if the County
Commissioners endorsed what Carrboro is proposing to DOT. Alex Zaffron said yes.
Commissioner Jacobs said that Division Engineer Chuck Edwards has said that
they are behind schedule, but that they could incorporate the improvements into the
school timeline. He said that the County Commissioners would be glad to make a
statement of support.
Commissioner Gordon said that she, Alex Zaffron, and Mayor Foy would be
happy to speak up at the Transportation Advisory Committee on this matter.
Alex Zaffron said that it would be helpful to quickly arrive at a consolidated
position an this. Doug Galyon (DOT} is interested in helping them move forward with
this, but he is waiting for a common voice.
3 Air Quality Update
Environment and Resource Conservation Director Dave Stancil gave a
PowerPoint presentation entitled Orange County Partners -Greenhouse Gas Emissions
Project.
Actions since April 2003:
^ State has recommended Triangle as non-attainment area for ground-level ozone
^ Official designation by EPA -April 2004
^ Implications include:
- withholding of federal transportation money
- transportation plans consistency
- mare restrictive requirements for large industrial sources
The International Council for Local Environmental Initiatives (ICLEI):
^ ICLEI is an international association of local governments implementing
sustainable development
^ ICLEI's Cities for Climate Protection Campaign (CCP), begun in 1993, is a global
campaign to reduce the emissions that cause global warming and air pollution.
^ The Town of Chapel Hill joined in August 1999, followed by the Town of Carrboro
in June 2001, and Orange County in November 2001.
Local Commitment: Cities for Climate Protection Milestones
^ A baseline emissions analysis of the sources and quantity of greenhouse gas,
along with a forecast of emissions growth over 10 to 20 years
^ An emissions reduction target chosen and adopted locally
^ A local action plan outlining the activities that will be pursued to achieve the
emissions reduction target aver a period of years
^ Implementation of emissions reduction policies
^ Monitoring progress of measures to reduce greenhouse gases
Update on Local Action:
^ Joint effort to reach GHG reduction milestones discussed at April 2003 AOG
meeting
^ In June 2003, the Durham-Chapel Hill-Carrboro Metropolitan Planning
Organization approved funding in support of a Greenhouse Gas emissions
inventory and reduction plan (at 20 percent match with local partners).
^ Request for qualifications and Scope of Work developed in Summer 2003
Project Components:
^ Select consultant
^ Consultant and staff develop objectives, in conjunction with the adapted Durham-
Chapel Hill-Carrboro 2025 Long Range Transportation Plan, and timeline
^ Form air quality citizen advisory group
^ Conduct inventory of GHG emissions for base year and forecast emissions to
target year
^ Facilitate selection of a reduction target
^ Identify actions to reduce GHG emissions and develop reduction plan
Funding:
^ Amount of MPO funding is more limited than initially proposed, due to clarification
of the transportation-related components.
^ Approximately $22,000 has been set aside as the Federal share of the project.
^ Local match totals approximately $5,500.
^ Additional funds will be needed from all parties to fund non-transportation related
elements of the GHG inventory and reduction planning process.
Status:
^ County Environment and Resource Conservation Department serving as lead
partner.
^ A request for qualifications (RFQ} was released in August, with the expectation
that the project could begin in early 2004.
^ One consultant has responded to the RFQ.
^ Staff proposes to release the RFQ again to gauge additional interest. A revised
schedule will be prepared.
^ A memorandum of agreement (MOA} that addresses the roles and
responsibilities of the County and the Towns is in preparation.
^ Staff is planning to present the MOA for Board review later in the fall, in
conjunction with review of proposals and recommendation for award of the
contract.
Discussion:
Wake County created an "Air Quality Task Force" in 2002 to coordinate efforts to
increase public awareness of air quality issues and promote community action
toward improving air quality
The Greater Triangle Regional Council (GTRC} is an independent membership
organization that brings together regional leaders to examine issues that impact
the Triangle's future; highlights and advances strategies to achieve success; and
partners with others to implement change.
The GTRC has farmed a task force to coordinate efforts to improve regional air
quality.
Next Steps:
Memorandum and proposal forthcoming to boards -late 2003
If approved, propose to start project in early 2004
Joal Hall Broun asked what would happen to the funding when they are
designated as non-attainable.
Alex Zaffron said that the way that the MPO process works, that when anon-
attainment designation is done then it kicks in a process whereby the MPO must develop
a series of plans to meet the air quality standards within a period of time. As long as a
conforming plan or series of plans is submitted, the Federal dollars continue. The plans
have been submitted by the DCHC-MPO and he just received confirmation today from
FHWA that their unified planning work program and their long-range transportation plan
are conforming.
Commissioner Jacobs asked if Hillsborough is involved at all. Dave Stancil said
that he has talked with the Town Planning Director. Hillsborough is not involved in
ICLEI, but has a great interest in the ozone issues.
Frances Dancy said that she is a member of the GTRC.
Alex Zaffron said that in order to keep the Federal dollars flowing, the MPO must
execute the plans as submitted.
Commissioner Jacobs said that the County Commissioners had asked the
legislators to help in getting a monitoring device in this County but to no avail. He
suggested getting the Chair to write a letter and have the Mayors sign on and again
request a monitor so that we have a better gauge of what is going on in the County.
A motion was made by Commissioner Jacobs, seconded by Carrboro Alderman
Diana McDuffee to write a letter to the Legislators and have all Chairs and Mayors to
sign, asking far a device to monitor air quality in Orange County.
VOTE: UNANIMOUS
Jacqueline Gist suggested seeing if UNC had any type of device that would
measure air quality. Jim Ward said that he would ask the University about using such a
device.
Chair Brawn asked to change the agenda and bring up item 6 now.
6. Substandard Rental Housina Task Force
Jacqueline Gist said that John Herrera brought up concern with substandard
rental housing and its implications and how people are helpless in dealing with it
because they are outside the system. She would like to develop a countywide task force
with representatives from all three municipalities to find a way of examining the issue, to
see how bad it really is, and to come up with same regulations and mechanisms that all
municipalities would use to take care of these people.
Jahn Herrara said that this started concerning Carrboro, but it is something that
he has seen countywide. He said that there are a lot of working class people in rental
housing in Carrboro. Right now the current housing codes and the landlord code are
very pro-landlord. He said that it is easier to get evicted than it is to get repairs done.
People are taken advantage of and some do not have contracts. He sees human rights
abuses. If you start complaining, the system is too overwhelming for the working class
folks. The housing code needs to be updated. He would like to see housing as a
human rights issue. He would like to crack down on the landlords -the people who are
charging per head and stealing from poor people. He thinks that this is a crisis issue.
He knows that tenants and landlords have responsibilities, but the tenants also have
rights. He would also like to find a way to reward the good landlords.
Jacqueline Gist said that a lot of these people that they are concerned about are
not living in the big blocked apartments, but are living in single dwellings (small houses
and trailers). They are asking staff to help put together a fairly high level task force to
examine this problem as a distinct issue from affordable housing.
Mayor Foy said that last year the Town of Chapel Hill instituted arental-licensing
program that requires all landlords to register with the Town and pay a fee so that the
Town can track them and sa that they can supply information to the tenants through the
landlord so that the tenants know what the rules are. They also address non-responsive
landlords. He is offering this as information that might be useful in tracking these kinds
of issues.
Chair Brown said that this caught her attention and she asked the County
departments that deal with affordable housing to bring forward haw the County deals
with complaints. She thinks that the problem is that most people do not understand their
rights or how to get assistance. She said that the County would be involved in any way
that is needed.
Bill Strom said that he and Edith Wiggins co-chaired the Tawn committee that led
a task force towards creating the guidelines far the rental-licensing program that the
Council passed. Chapel Hill has a requirement that the landlords certify that the rental
units meet the State minimum housing code. This shifts the burden from the renter to
the landlord as far as maintaining the unit. He is interested in pursuing this further.
Jacquelyn Gist asked that each board appoint a representative to begin having
initial discussions.
A motion was made by Jacquelyn Gist, seconded by Commissioner Halkiatis for
each board to appoint a board member or a representative to serve on an initial steering
committee to address the issue of substandard rental properties, and ask staff to
coordinate the meeting.
John Herrara asked to put a target date on this task force and Jacquelyn Gist
said that the steering committee should meet by the end of November and put target
dates in at that time.
VOTE: UNANIMOUS
4. Humane Society of the United States (HSUS] Report on Orange County
Animal Shelter
Chair Brown said that this report is online on the Orange County website and the
Board of County Commissioners has a work session an this to came to a decision on
how to proceed with the operation of the shelter.
Kevin Foy asked about the decision about the Town's land at Eubanks Road.
Chair Brown said that the staff is coming back at the work session on this topic with the
pros and cons of several pieces of property, including the one that Chapel Hill offered.
5. Capital Area Metropolitan Planning Organization (CAMPO) Organizational
Review
Commissioner Jacobs said that he has been in meetings where this is discussed
and that he wants to know where everyone stands on this. He said that we all have the
opportunity to add additional areas now that there is a new census. He said that
approximately 40°~ of Orange County participates in an RPO (Rural Planning
Organization) with Chatham, Lee, and Moore Counties and he suggests that the towns
let the Board of County Commissioners discuss whether it is the mast beneficial route to
include the entire County in the MPO.
Alex Zaffran said that he is the Chair of the Durham-Chapel Hill-Carrboro MPO.
There are a lot of issues and it is extremely complex. He suggests that this group review
the materials. The MPO will take this issue on next week. It is obviously a newly
expressed interest an the part of CAMPO to merge or to find a better, more cooperative
governance structure. Regarding the RPO issue, his understanding of the legislation is
that it must be a mutual agreement.
7. Informational Items
a. Timelines for TownlCounty Partner Capital Projects
b. Solid Waste Issues
Chair Brown pointed out that the County has reached the 40°~ waste reduction
goal. She thanked the staff.
Chair Brown said that the other item is a list of the timelines for the Town and
County capital partnerships, which was the band issue two years ago and the
development of the swimming pool and the Southern Park.
Rod Visser made reference to the "Easter egg sheet", which shows the timing of
the bonds that have already been sold and the alternative financing that has already
been issued. They will be going back to Board of County Commissioners at the end of
October with some updates. They have coordinated this with the Town staff and these
timelines will provide funds in plenty of time for the Town projects.
Diana McDuffee asked about the soccer superfund proposals and if there were
any plans to sell bonds for those. She also asked if the parks that are in the planning
stage would include fields that would be paid for by the soccer superfund. Chair Brawn
said that one of the proposals will come to the Carrboro board for the site on Eubanks
Road.
David Stancil said that there are four full-size soccer fields and a couple of
additional other playing fields.
With no further items to discuss, the meeting was adjourned at 9:25 p.m.
Margaret Brown, Chair
Donna S. Baker
Clerk to the Board