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HomeMy WebLinkAboutMinutes - 199503081 APPROVED 5/195 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 8, 1995 The Orange County Board of Commissioners met in regular session on Wednesday, March 8, 1995 at 7:30 p.m. at the Efland-Cheeks Community Center in Efland. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser and Clerk to the Board Beverly A. Blythe (other staff members are identified appropriately below) NOTE: All documents referred to in these minutes are in the permanent agenda file in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA, Chair Carey added as Consent Item VIII-G appointments to the Arts Commission. Item IX-A was deleted and will be considered on April 3. The purpose of the Closed Session was amended to include a discussion on Rogers vs. Orange County, et.al. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who have indicated a desire to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA 1. COMMUNITY CONCERNS Ronnie McAdams of Efland asked that the County contact the railroad and advise them that they do not want the crossing in Efland to be closed. Closing this crossing would greatly increase the response time for fire and rescue staff. He asked if community service workers are being used in the County and if not, he encourages the County to use these workers. He thanked the County Commissioners for their support of the Hillsborough Youth Association. Reverend James Lee spoke of his concern of drugs in the neighborhoods off of Mill Creek Road. He asked for suggestions in ridding their neighborhoods of drug trafficking. Chair-Carey told about the efforts in Perry Hills and how a community working together has decreased the use of drugs and drug trafficking. Sheriff Lindy Pendergrass said that during the last two months, they have searched one primary distribution point many times and made arrests and confiscated much. They are continuing to work on it. They must have substantial probable cause before they can search or make an arrest. They are being aggressive in the Mill Creek area. They know there are five or six people distributing controlled substances and will continue 2 to work to solve the problem. PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. BOARD COMMENTS Commissioner Halkiotis ...made reference to the March National. Geographic .magazine and noted that it states that the North Carolina Piedmont area is on a fast track. There are still 125,000 people who live without indoor plumbing and one-sixth of North Carolina citizens live below the poverty line. He asked that a copy of this article be included with the next grant application. Commissioner Willhoit made reference to the NACo Legislative Conference he just attended. The counties were challenged by Senator Bob Dole to prepare a list of the ten worst regulations. More specifically, he would like the County Departments to identify the ten regulations that appear to be ridiculous and impede the cost effective delivery of services. IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONSLPROCLAMATIONS A. PURCHASE OF NEVILLE TRACT A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the resolution as stated below authorizing the purchase of 14.4 acres of property by the Town of Chapel Hill on behalf of the landfill Owner's Group. A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO USE FUNDS FROM THE LAND RESERVE ACCOUNT IN THE LANDFILL FUND TO PURCHASE THE NEVILLE TRACT ON BEHALF OF THE LANDFILL OWNER'S GROUP MEMBER GOVERNMENTS WHEREAS, there is a need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the purchase of the Neville tract will provide for the needed soil and remove the access easement across the Greene tract; and WHEREAS, it is not the intention of the Landfill Owner's Group to use the Neville tract as a landfill; and WHEREAS, it is the intention of the Landfill Owner's Group to restore the Neville tract to a natural state, as near as practicable, upon the completion of soil excavation operations on the property, should those operations be necessary; and WHEREAS, it is the intention of the Landfill Owners' Group to use whatever buffering techniques are practicable to minimize impact on surrounding properties, taking into account the concerns of neighborhood residents in addition to those buffering techniques required by law; and WHEREAS, ownership of the Neville tract will be in proportion equal to that of the current landfill (Carrboro - 14%, Chapel Hill - 43%, Orange County - 43%; and 3 WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total price to be determined by survey prior to closing; and WHEREAS, the Landfill Owner's Group adopted a resolution at their meeting on February 23, 1995 requesting the governing boards of the three member governments to approve the purchase of the Neville Tract by the Town of Chapel Hill using funds accumulated in the Land Reserve account of the Landfill Fund; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby authorize-the Town of Chapel Hill to.purchase-the Neville tract on behalf of the member governments of the Landfill Owner's Group for the purposes and under the.. conditions herein indicated... VOTE: UNANIMOUS, B. PROCLAMATION OE WOMEN'S HISTORY MONTH] A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to proclaim March, 1995 as women's History Month as stated below: PROCLAMATION FOR WOMEN'S HISTORY MONTH WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation; WHEREAS, American women have played and continue to play a critical economic, cultural and social role in every sphere of the life of the Nation; WHEREAS, American women served as early leaders in the forefront of every major progressive social change movement; WHEREAS, these. contributions have been historically overlooked and undervalued in the literature, teaching and study of American history; and WHEREAS, women in Orange County have made and continue to make significant historical contributions to our community, state, and nation, NOW, THEREFORE, do we, the Commissioners of Orange County proclaim the month of March, 1995 as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. PUBLIC HEARING ON 1995 LEGISLATIVE GOALS The Board conducted a public hearing on legislative matters of interest to Orange County that will be considered for submission to the North Carolina General Assembly. By resolution they will ask members of the Orange County legislative delegation to introduce in the General Assembly the County's legislative package. PUBLIC COMMENTS 4 Jerry Salak asked that the Board support local legislation for the addition of sexual orientation as a protected class in the County's Human Rights Ordinance. He told about acts of discrimination against him in employment practices and the physical harm he endured. He noted that the University of North Carolina at Chapel Hill does not have a formal policy to protect Gays in the workplace. Lightening Brown spoke in support of requesting the needed legislation to add sexual orientation as a protected class to the County's Human Rights Ordinance. He asked that the letters from the governing boards of Carrboro and Chapel Hill-supporting this addition be entered in the record of this. meeting. He told about acts of discrimination against him because he is gay. Mariah G. McPherson, Chair of the Orange County Democratic Party, said that this has been an issue for 15 years. She feels everyone should be treated as equals. She asked that sexual orientation be added. Verla Insko, former County Commissioner, spoke in support of asking for local legislation authorizing the County to add sexual orientation as a protected class in the County's Human Rights Ordinance. She feels there is support in the community and that other counties will ask for this same protection in the years ahead. She asked that the Board just do it because it is the right thing to do and that this is a human rights provision -- not a gay rights provision. Chair Carey questioned the timing of this request considering the changes in the legislature. Commissioner Willhoit noted that although he feels this is not the time, he has no reservations about sending it forward. It is the legislative delegation who must fight for it and it is their prerogative on how to present this. request. Commissioner Halkiotis feels the Board should support this request because it is the right thing to do and sends a message. Commissioner Gordon agreed with sending it forward. Howard McAdams asked that the Board support Senate bill 202, House bills 127 and 214. He asked that they not support Senate bills 149, 150 and 174. Chair Garey noted that the County Commissioners as a Board do not take a position on proposed legislation such as this but as individuals can support or not support particular proposed legislation. Howard McAdams asked that the Board support a deposit on drink bottles. Commissioner Willhoit made reference to Transferable Development Rights. He feels that even though the Board had decided not to seek local legislation that one of the potential applications is in the area of flexible development options. He asked if local legislation can be obtained to allow the County to develop land use options. After an extended discussion, the Board decided not to seek local legislation until a clearly defined plan is developed. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the local legislation as presented adding the necessary legislation for sexual orientation. Chair Carey asked for a vote and the aye votes were heard. However, before he called for the "no" votes, Commissioner Crowther asked that Human 5 Rights and Relations Director Lucy Lewis speak about the efforts being made by other Human Relations' Councils on this particular issue -- the inclusion of sexual orientation. He asked for the definition of sexual orientation. There was further discussion on a working definition of sexual orientation. Commissioner Crowther said he would feel more comfortable if he knew what it meant before including it. Chair Carey asked for a vote and the aye votes were heard. When he asked for "no" votes, Commissioner Crowther. asked him to repeat the motion which he did as stated above with the understanding that the staff will come back to the Board with a definition of sexual orientation. VOTE: UNANIMOUS 8. ORANGE COUNTY CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS Housing and Community Development Director Tara Fikes presented for citizen comments the development of a Consolidated Plan for Housing and Community Development Programs in Orange County. This plan replaces the Comprehensive Housing Affordability Strategy (CHAS). It details the housing needs of very low income, low income and moderate income families and special population groups in addition to outlining the strategies and plans for addressing those needs. PUBLIC COMMENTS .Keith Aldridge, Chair of the Orange Community Housing Board, said that there are people who cannot find a place to rent which indicates a need for low cost rental housing and low cost housing to purchase. Nancy Rosemont, member of the Hillsborough Affordable Housing Corp., which owns Whitted Forest, said that Whitted Forest is only affordable to those who. make 500 of the median income. They are not reaching those who need housing the most. Ted Parrish with the Pine Knolls community said that they do not have an administrative fund but are involved with self-help where they borrow money for housing. They have built eight (8) houses in the Pine Knolls community and have made every effort to retain the culture of that community. He noted that college students are driving out the families because they can afford to pay the higher rent which he feels is unjust to the families who need low-cost housing. They hope to put 40-50 homes on the 9-acre site keeping the cost of homes around $50,000. They are asking that the County cover the infrastructure costs which will enable fire and rescue to enter the area. There were no other comments and the public hearing was closed. VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. MINUTES 6 The minutes for December 10, 1995 will be considered at the next regular meeting. B. HOUSING REHABILITATION CONTRACT AWARDS The Board awarded five housing rehabilitation contracts for the HOME Housing Rehabilitation Program as listed below: DWELLING UNIT BID AMOUNT CONTRACTOR #4-CH $ 32,220 CFW ,#3-CH 21,150 Edwards Construction Co. #5-CH 6,050 Orange-Chatham Home Repair #12 28,925 Taylor Home Improvements #13 34,545 JOCCA C. BUDGET ORDINANCE AMENDMENT #8 project The Board approved the budget ordinance amendments, capital ordinances and grant project ordinance stated below: VISITORS BUREAU FUND Source - Occupancy Tax Source - Fund Balance Appropriated Source - Intergovernmental Appropriation - Human Services (Technical amendment to adjust the and fund balance appropriation for $ 2,823 (2,823) 30,000 -0- occupancy tax the current year) AFFORDABLE HOUSING COMMUNITY DEVELOPMENT PROJECT ORDINANCE Source - Miscellaneous Revenue Sale. of Real Property $ 14,080 Source - Fund Balance Appropriated 13,966 Appropriation.- Habitat for Humanity 13,000 Appropriation - Impact-Fee Reimbursement 15,046 ($13, 000 is for Habitat for Humanity to construct a gravel road in Perry Hills subd . and $ 3 , 0 0 0 wi 11 match the amounts paid for school impact fees on four new houses in 1994 and will be taken from the appropriation for the impact fee reimbursement) MAGNOLIA PLACE Source - Intergovernmental - Magnolia Place Block Grant $250,000 Source - Misc. Revenue-O/C Housing 18,833 Appropriation - Magnolia Place Grant Project 268,833 (funds to cover a change order) NEW HIGH SCHOOL PROJECT - CHAPEL HILL,LCARRBORO CITY SCHOOLS Source - 1992 Bond Proceeds (1992-93) $3,642,000 Source - 1992 Bond Proceeds (1993-94) 738,000 Source - 1992 Bond Proceeds (1994-95) 17,620,000 Appropriation - New High School 22,000,000 ORANGE COUNTY SCHOOLS NEW MIDDLE SCHOOL PROJECT Source - 1992 Bond Funds (1992-93) $ 2,400,000 Source - 1992 Bond Funds (1993-94) 2,350,000 Source - 1992 Bond Funds (1994-95) 9,250,000 Appropriation - New Middle School 14,000,000 TECHNOLOGY PLAN FOR ORANGE COUNTY SCHOOLS 7 Source - 1992 Bond Funds (1992-93) $ 100,000 Source - 1992 Bond Funds (1993-94) 650,000 Source - 1992 Bond Funds (1994-95) 1,250,000 Source - Transfer from General Fund (1993-94) 600,000 Source - Transfer from General Fund (1994-95) 600,000 Appropriation - Technology Project 3,200,000 RECURRING CAPITAL -CHAPEL HILL-CARRBORO CITY SCHOOLS...,... Source - Transfer from General Fund (1993-94) $ 49,541 Source.- Transfer from General Fund .(1.994-95) 109,743 Appropriation - Recurring Capital 159,284 D. PETITION FOR ABANDONMENT OF RIGHT-OF-WAY-DUKE_FOREST R__OAD The Board approved the resolution as stated below declaring the intent of the Board of Commissioners to abandon the right-of-way for Duke Forest Road and scheduling a public hearing for consideration of the issue on April 18, 1995. NOTICE OF THE ADOPTION BY THE ORANGE COUNTY BOARD OF COMMISSIONERS OF A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY TO CLOSE A RIGHT-OF-WAY LOCATED BETWEEN UNIVERSITY STATION RD. (SR1712) AND MURPHEY SCHOOL RD (SR1714) IN DUKE FOREST RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A RIGHT-OF-WAY IN DUKE FOREST WHEREAS, petitioners Alfred S. Kirkland, Jane C. Kirkland and Judson Edeburn (for Duke Forest and Duke University) have filed a petition before the Board of County Commissioners to close a right-of-way identified on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned right-of-way"); and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said right-of-way without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned right-of- way. That prior to a decision on the closing of the abandoned right-of-way, a public hearing shall be held in the Orange Water and Sewer Authority (OWASA) Building in Carrboro, on the 18th day of April, 1995 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned right-of-way and shall prominently post a copy of 8 this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. 153A-241. E. PHASE B WATKINS FARM PRELIMINARY PLAN The Board approved the Preliminary Plan for Phase B Watkins Farm Subdivision with a Class B private road subject to the conditions contained in the attached Resolution of Approval. The property is located on the west side of New Sharon Church Road. Six (6) new residential lots are proposed out of 17.61 acres. F. IMPACT FEES - MARCH 21, 1995 PUBLIC HEARING ADVERTISEMENT...... The Board approved the legal notice and items for discussion at for the public hearing scheduled for March 21, 1995 as presented in the agenda. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. TAX REFUND REQUEST - CH HOTEL ASSOCIATES, LTD. This item was deleted and will be placed on the April 3, 1995 agenda. X. REPORTS A. REPORT FROM COMMUNITY BASED PUBLIC HEALTH INITIATIVE The Community-Based Public Health Initiative was funded by the Kellogg Foundation. The Health Department is the fiscal agent for a coalition representing UNC-CH School of Public Health, the Health Department, the Joint Orange Chatham Community Action Agency (JOCCA), Piedmont Health Services, the Cooperative Extension Service and three grassroots, community-based organizations, the Efland Development Association, the Cheeks Homeowners Association and the Low Income Policy Advisory Council of JOCCA. The aim of the project is to improve the health of African-American members of-'.the Efland-Cheeks and Cedar Grove Communities by strengthening the capacity of .community-based groups to assess and address their own unique health related problems. Comments were made by Leo Allison, Efland United Voices, Ernest Corbett, Cheeks Homeowners Association and Hattie Vanhook, Low Income Policy Advisory Council of JOCCA. The report was received as information. B. 1995-2000 MANAGER'S RECOMMENDED CIP This report will be given at the March 21, 1995 meeting. XI. APPOINTMENTS After a brief discussion, a motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to appoint Commissioners Willhoit and Halkiotis to the Work Group on Landfill Organization Options. VOTE: UNANIMOUS XII. MINUTES - NONE XTII. CLOSED SESSION A. TO DISCUSS LOCATION OR EXPANSION OF INDUSTRY A motion was made by Commissioner Willhoit, seconded by Commissioner 9 Halkiotis to adjourn to Closed Session to discuss (1) location or expansion of industry and to consult with the County Attorney on the case of Rogers vs. Orange County, et.al. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Chair Carey to adjourn the Closed Session and to reconvene into Regular Session. XIV. ADJOURNMENT.. With no further items to discuss, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, March 21, 1995 at 7:30 p.m. at the OWASA Community meeting room on Jones Ferry Road in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk