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HomeMy WebLinkAboutMinutes - 19910820 • 1 APPROVED 9/3/91 MINUTES - ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 20, 1991 The Orange County Board of Commissioners met on Tuesday, August 20, 1991 at 7:30 p.m. at the Franklin Street Post Office District Courtroom in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen H. Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Commission for Women Director Hope Bethea, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planners Emily Cameron and Jim Hinkley, Register of Deeds Betty June Hayes, Personnel Director Elaine Holmes, Human Resources Analyst II Darlene Jacobs, Purchasing Director Pam Jones, Fire Marshall Mike Tapp and EMS Director Nick Waters. NOTE: BACKGROUND INFORMATION ON ALL AGENDA ITEMS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA A discussion on appointments was added to the agenda. II. AUDIENCE COMMENTS Chair Moses Carey, Jr. announced that those who have indicated a desire to speak to a specific item will be recognized at the appropriate time. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. CAROLINA AIR CARE GROUND UNIT CONTRACT The Board approved a contract with UNC Hospitals to provide ground ambulance services for support to the air transportation program, authorized the Chair to sign the contract and approved one new full- time permanent position in the UNC Hospitals/EMS Contracts Fund. B. FOREST SERVICE CONTRACT The Board approved the annual agreement between Orange County and the North Carolina Department of Environment, Health and Natural Resources for the provision of support to the NC Forest Service in Orange County. VOTE: UNANIMOUS 2 IV. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION OF WOMEN'S EOUALITY DAY Motion was made by Commissioner Insko, seconded by Commissioner Gordon to proclaim August 26, 1991 as Women's Equality Day in Orange County in accordance with the proclamation as stated below: PROCLAMATION WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, that amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex" ; and WHEREAS, the power of the vote is the gateway to continued improvements in the status of women; and WHEREAS, the Orange County Commission for Women advises the citizens and the Board of Commissioners of Orange County of the status of women in Orange County; and WHEREAS, that status remains unequal, especially economically and politically; and WHEREAS, yet women make significant contributions economically, politically and in myriad ways to Orange County, NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim Monday, August 26, 1991 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality and do hereby urge all citizens to work to guarantee full equality for all women. VOTE: UNANIMOUS B. RESOLUTION OF APPRECIATION TO LOCAL LEGISLATORS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the resolution as stated below with the addition of Senator Ralph Hunt. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to reconsider the previous motion. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to honor the four legislators who represent Orange County. That resolution is stated below: LEGISLATIVE RESOLUTION OF APPRECIATION TO THE LEGISLATIVE DELEGATION FROM ORANGE COUNTY WHEREAS, The Orange County Board of Commissioners developed and approved a legislative package that was submitted to the Orange County delegation for consideration by the 1991 Session of the North Carolina General Assembly, and 3 WHEREAS, The Orange County delegation to the General Assembly includes Senator Howard Lee, Senator Russell Walker, Representative Anne Barnes and Representative Joe Hackney, and WHEREAS, Members of this delegation demonstrated their support for the proposed legislation by sponsoring and promoting the Commissioners' legislative package for 1991, and WHEREAS, This delegation observed Orange County's best interests in maintaining the high quality of life in the County through its legislative actions during the 1991 Session. NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners recognize and express their appreciation for the continued support given to orange County by the members of this Delegation to the General Assembly. VOTE: UNANIMOUS C. PROCLAMATION FOR LITERACY WEEK IN ORANGE COUNTY Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim September 8 - 14 as Celebrate Literacy Week in Orange County in accordance with the proclamation as stated below: P R O C L A M A T I O N LITERACY WEEK IN ORANGE COUNTY WHEREAS, the ability to read is of fundamental importance to all people, and WHEREAS, this nation was founded by, and depends upon, a literate and informed citizenry, and WHEREAS, literacy is a gateway to the full participation in the affairs of this nation, and WHEREAS, adult new readers should be recognized for their efforts toward personal and civic growth, and WHEREAS, volunteers in adult literacy programs should be commended for their willingness to give the time that is necessary to help others improve their skills, and WHEREAS, September 8 is designated as International Literacy Day, NOW, THEREFORE, the Orange County Board of Commissioners do hereby declare September 8th through the 14th as Celebrate Literacy Week in honor of those adults for whom the achievement of literacy, for themselves and others, has become a primary goal. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE 4 VI. PUBLIC HEARINGS - NONE VII. REPORTS A. LOCAL LEGISLATION UPDATE County Manager John Link and County Attorney Geoffrey Gledhill presented a report on the results of Orange County's 1991 North Carolina General Assembly legislative items. Legislation approved includes the following: (1) Orange County is now listed as a County which prohibits spotlighting deer during the period from one half hour after sunset to one half hour before sunrise. This action became effective August 1, 1991. (2) An Act to clarify the enabling legislation for subdivision ordinance provisions relating to recreation areas in Orange County is contained in Section 1 of the omnibus bill. The County adopted as part of its compre- hensive plan a recreational element and that element created districts and regions within the county where recreation sites will be located. The County's ordinances implement that plan by requiring dedication of property or contribution of money from the developer. This bill further allows the County to use the money it generates for the development of facilities as well as for the acquisition of land. (3) An Act to amend the enabling legislation for Zoning Ordinance regulations to authorize Orange County to grant density bonuses and other incentives for developers of housing for persons of low or moderate income is now contained in the zoning regulations as a special use. This act will allow the County to provide for density bonuses as a matter of right in all the residential districts of the County. This item will go to public hearing August 26, 1991. (4) An Act to authorize Orange county to levy an occupancy tax with the express authority for the use of some of its proceeds for a county visitors' bureau was implemented by the County Commissioners at their meeting held August 5, 1991. Legislation which will require further action by the Board includes: (1) An Act to authorize Orange County to acquire real property in order to preserve open space and open areas for the preservation, protection and conservation of farmland, watershed areas and drinking water supplies, and to acquire the fee or any lesser interest. This will require a plan and funding before implementation. 5 This amends an existing statute to permit the County to acquire property for either one of these two purposes and makes clear that it does not necessarily have to be part of an urban open space program but can be anywhere in the County where there is a need for farmland or watershed protection. (2) An act to authorize Orange County to require financial security for the repair and operation of community systems of sewage collection, treatment and disposal will require an ordinance amendment which will allow the County to permit alternative systems. The county will be able to require financial security for their construction, design and operation so that if there is a failure there will be some remedy to fix it or have it fixed. (3) An act to amend section 17. 1 and 18. 1 of Chapter 460 of the 1987 session laws to make an impact fee ordinance adopted by Orange County, insofar as it relates to capital improvements for public schools, applicable to all development that occurs within the County including development that occurs within the corporate limits and the extraterritorial planning jurisdiction of any city, town or other municipal corporation located within Orange County -- this enabling legislation will allow the County to levy these fees. A preliminary report will give the procedures that need to be followed in order to implement these fees. (4) An act adding Orange County to those counties authorized by Chapter 651 of the 1989 Session laws of the General Assembly of North Carolina to regulate trespassing to hunt or fish on private lands by local ordinance will require a local ordinance. (5) A local bill enabling Orange County to adopt a human/civil rights ordinance for Orange County will require a local ordinance. The Impact Tax Bill was not pursued. Chair Carey asked the County Manager to consult with the County Attorney and Human Rights Commission to bring back to the Board on September 17, a timetable- for adopting an ordinance for regulating hunting and an ordinance for human/civil rights. He also asked the Manager to consult with the County Commissioners for recommendations on timing and process. 6 B. VACATION AND SICK LEAVE REVISIONS TO THE PERSONNEL ORDINANCE Human Resources Director Elaine Holmes reported on the proposed revisions to the Vacation Leave and Sick Leave sections of the Orange County Personnel Ordinance. The vacation leave earning proposal would provide for all permanent employees vacation leave earning based on total county service without the five year waiting period. This involves three employees. On the maximum accumulation for vacation leave this change would provide that vacation leave may accumulate without a maximum until January 31 at which time any excess would be canceled. Upon termination, the maximum amount paid would be 240 hours. With regard to the sick leave policy, this change would allow an employee to transfer sick leave and eliminates the current fifteen (15) day limit. The County Commissioners asked that further information be provided on the following items: 1. The number of people who would be affected by the change in the sick leave policy. 2. Financial analysis of what the changes to Section 5.3 . 1, 5.4 and 6.5 will cost. 3 . The number of employees who have 240 days accumulated. C. IMPACT FEES FOR PUBLIC SCHOOL FACILITIES John Link and Planning Director Marvin Collins reported on the issues involved in developing an impact fee structure for school capital needs in Orange County. It is hoped that a system of fees can be thoroughly discussed and ready for implementation next July 1. One concern is that whatever fees may be established that they be established in such a way that the cost that new development generates is borne by new development and at the same time not passed on to existing development. In answer to a question from Commissioner Gordon, Marvin Collins explained that in terms of the offsets, as part of the process of establishing fees a decision would need to be made as to the type of facilities the Board wants to finance with these fees. He explained that benefits could be approached in three ways: (1) County as a whole, (2) school districts, or (3) more specific to the types of schools. There could be two geographical zones where in one zone impact fees would not be charged and in the other zone they would be charged. Commissioner Wilihoit stated that it may be that the policies of the two school districts in allowing for the transfer of students may affect the County's ability to do it on a countywide basis. He noted that the cost of providing classroom space for one child in the school system is from $8,000 to $12, 000. He questioned why the County could not assess a fee of $1,000 per residence and proceed on that basis making it countywide. Geoffrey Gledhill stated that they may need to separate the two districts because the development in the Chapel Hill-Carrboro school district does not impact the capital needs of the Orange County school district. Chair Carey stated that the need is different in each school 7 district and if the standards are different there may be a problem in determining a flat fee. Commissioner Halkiotis asked for additional information on the actual number of residential units and the number of these which are mobile homes. John Link indicated that the staff plans to present to the Board in November a format for implementing an impact fee. They will consult within the next few months with school system staff, homebuilders representatives, the municipalities, etc. He would suggest a public hearing in February, and after adjusting the format make it effective on July 1, 1992 . Commissioner Willhoit feels the real issue is how much will the market take -- how much can be assessed and the equity issue of whether or not there will be the same amount assessed on a mobile home as on a 5-bedroom home. D. OWASA OUARTERLY REPORT Lois Herring, Chair of the OWASA Board of Directors, was available to answer questions. She noted that discussions on the sale of water to Hillsborough ended late last year. OWASA currently can supply Hillsborough with 400, 000 gallons of water per day on a 7-day a week basis. The price is reasonable considering the quality of the water. Selling the pipeline to Hillsborough has never been discussed. Mayor Johnson is on the OWASA agenda for August 29. Lois Herring made additional comments about the recreational facilities for Cane Creek. They hope to start construction on phase one in the near future. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. PURCHASE OF PHASE II OPTICAL IMAGING SYSTEM Betty June Hayes, Register of Deeds, asked that the Board consider the purchase of equipment for Phase II of the Optical Imaging System for the Register of Deeds Office and to appropriate funds in the capital projects fund for this purchase. She explained that the purchase of this work station would be the second phase in the County's conversion to optical imaging. The system will be comprised of one (1) stand alone work station consisting of a CPU, monitor, scanner, optical disk drive, laser printer and all necessary software. Motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve the purchase of one stand alone work station at a cost of $44, 103 from Southeastern Microfilm, Inc. , and the capital project ordinance and budget amendment as stated below: COUNTY CAPITAL RESERVE FUND Source - Fund •Balance $ 44, 103 Appropriation - Transfers to County Capital Projects 44, 103 INFORMATION NETWORKING PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 8 13 . 2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the improvements in Orange County's methods of information processing. The project will be financed by appropriations from the County Capital Reserve Fund, grant funds from the State of North Carolina and user fees. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 544, 190 Transfer from General Fund 13, 000 Grant Funds 24,000 Charges for Services 33,000 Total Revenue $ 614, 190 Section 4. The following amount is appropriated for this project: Information Networking Project $ 614, 190 Section 5. This ordinance supersedes all previous Information Networking Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1994. VOTE: UNANIMOUS B. ZONING ENFORCEMENT CASES - RECOMMENDATIONS ON CIVIL PENALTIES FOR ZONING CASES Jim Hinkley, Planner II, gave background information on the case of Thomas W. Underwood and the case of Carl Swanson. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to give Thomas W. Underwood until October 20 to completely clean up his property. If the property is not cleaned up by October 20, the County Attorney is authorized to proceed with civil penalties. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to rescind demand for civil penalties for Carl Swanson. VOTE: UNANIMOUS C. SUBDIVISION REGULATIONS TEXT AMENDMENT - REAPPROVAL OF EXPIRED PRELIMINARY PLAT Under current procedures, the Board of Commissioners may approve a revised phasing plan for an expired Preliminary Plan. If a revision is not approved, the expired portion of the Preliminary Plan must be resubmitted as if it were a new project. In many cases, the resubmitted Preliminary Plan is identical to the original plat and 9 generally approved with little or no change. The proposed amendment would allow staff to reapprove expired Preliminary Plats which meet certain criteria. We have to be able to show that only minor changes have occurred. One change to the original proposal is in III-D-2-f(c) . This has been changed to read "any substantial change in the location of or decrease in the amount of open space, buffers, or area reserved for recreation use. " Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the proposed amendment to Section III- D-2-f of the Subdivision Regulations as revised by the County Attorney. VOTE: UNANIMOUS D. NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN The Administration recommends that the following steps be taken toward implementation of the New Hope Corridor Open Space Master Plan. Both items 1 and 2 can be included as part of the Joint Planning Area Public Hearing with the Towns of Chapel Hill and Carrboro on October 10, 1991. 1. Incorporate the Plan as an element of the Comprehensive Plan for Orange County; 2. Direct the Planning Staff to coordinate with the Chapel Hill Planning Staff and propose appropriate amendments to the Joint Planning Area Land Use Plan, including recommendations from the New Hope Corridor Master Plan; and 3 . Direct the Planning Staff to provide information to the Rural Character Study Committee, the Planning Board/EDC Work Group, the Planning Board, and the Commissioners and Town Council members working on the Hillsborough Cooperative Planning Zone about the land in private ownership, utility easements, railroad right-of-way, and Duke Forest in the vicinity of University Station Road, Old NC 10, Mt. Hermon Church Road, Pleasant Green Road, and Eno River State Park. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the Administration' s recommendation. VOTE: UNANIMOUS E. HILLSBOROUGH COOPERATIVE PLANNING AREA BOUNDARIES Marvin Collins stated that there are still two areas of the Cooperative Planning Area boundaries that the two governing boards have not agreed on. The first area is bounded generally by I-40, Old Chapel Hill-Hillsborough Road, NC. Highway 86, and the current Transition Area boundary; and the second area is bounded generally by U.S. 70 Bypass, U.S. 70 Business, and - Lawrence Road. The Administration's recommendation is that the Board of Commissioners withhold inclusion of both of these areas as part of the Hillsborough transition area. They also recommend a revision in the timetable, extending the process to give the Board some specifics instead of receiving the Planning Board recommendation on the agreement itself. During that time, a meeting may be held with the governing board of the Town of Hillsborough to review the agreement and discuss specific concerns. The agreement could then 10 be signed the second meeting in September or the first meeting in October. Commissioner Gordon asked about the necessity of holding a public hearing on the Agreement with Hillsborough. She feels that the process would be more open and that comments on the document is important to the process. Geoffrey Gledhill explained that a public hearing is not necessary until the two governing boards develop jointly a cooperative area land use plan and a cooperative area land use map. The Board is not obligated when this agreement is signed until there is a jointly approved plan and map which creates the district. This agreement is the framework from which the plan and map will be developed. If there is not a consensus on the plan and map the agreement cannot be implemented. It was decided that the agreement will include a provision that if the two governing boards cannot agree on a land use plan and map, that either party can get out of the agreement without having a public hearing. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Manager's recommendation. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Chair Carey to rescind the previous motion. VOTE: UNANIMOUS Town Commissioner Bob Rose stated that he feels the two transition areas are minor points. However, in the draft copy it states specifically that these two areas will be jointly agreed upon before the plan and map are developed. He expressed a concern about the water and sewer area in that it has been superimposed with rural character. As he recalls, the County Commissioners has not adopted any of the options of the rural character suggestions that are included in this draft agreement. It is unclear to Hillsborough as to density and various other things in the water and sewer area. It is economically advantage or disadvantage as to which way they go with this. If they limit the amount of dwellings per acre and prevent cluster developments, there will be 2-acre parcels with well and septic tank. Other options may be feasible with cluster development using municipal water and sewer on smaller lots and there would be more open space and no wells or septic tanks. He recommends delay until the next meeting so the two boards can meet. Chair Carey clarified that the Board has always referred to that area as rural character although they have never adopted any recommendations from the Rural Character Study Committee that would be applicable to that area. Adoption of this Study will not change the proposed boundaries of this area, but the use of the area will be more specific. This will not be a change in boundaries between the Rural Character Area and the transition area. Bob Rose feels that the options that are presented, if they were adopted, would not make those areas economically feasible for municipal water and sewer unless there were some other options available. John Link stated that this does need to be addressed. Marvin Collins noted that the concern that Commissioner Rose. has identified is related to the draft strategies that the Rural • 11 Character Study Committee is taking around to the various township meetings now. The strategies that are included in the agreement are those that were prepared for the Rural Buffer. They have not been adopted and were provided only as an illustration of the different development options. The concern is that the Rural Character Study Committee is suggesting that in areas around Hillsborough by in large have a density of one dwelling unit per acre. The Rural Character strategies that are in draft form would in essence change that so that there is a base density of one dwelling unit per two acres. If this was changed to 40, 000 sq. ft. lots, at least a third of the total tract would have to be retained in open space. Rose's concern is that these strategies are in essence decreasing the permitted density below what it is now around Hillsborough. The Board agreed to have a work session with the Town of Hillsborough. They asked the Manager to bring back at the next meeting a revised time schedule. At the work session they can discuss the outcome of the rural character township meetings. F. STANDARDIZED FIRE DISTRICT CONTRACT Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the general form and content of the proposed standardized fire service contract as presented and authorize the Chair to sign individual contracts with each volunteer fire department as they are completed. VOTE: UNANIMOUS IX. BOARD COMMENTS - None X. COUNTY MANAGER'S REPORT - None XI. APPOINTMENTS Commissioner Willhoit asked that the Board consider the appointment of another citizen to serve on the Southern Human Services Planning Committee. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to appoint Hugh and Dot Burford to this Committee. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the minutes for August 5, 1991 as amended. VOTE: UNANIMOUS XIV. ADJOURNMENT with no further items to be considered, Chair Carey adjourned the meeting at 10:58 p.m. The next regular meeting will be held on Tuesday, September 3, 1991 at 7: 30 p.m. in the courtroom of the Old Courthouse in Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk