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HomeMy WebLinkAboutMinutes - 1990080611,r : .» 117 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 6, 1990 The Orange County Board of Commissioners met in regular session on Monday, August 6, 1990 at 7:30 p.m. in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Commissioners John Hartwell, Shirley Marshall and Don Willhoit. BOARD MEMBER ABSENT: Commissioner Stephen Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Economic Development Director Ted Abernathy, Deputy Clerk to the Board Kathy Baker, Commission for Women Coordinator Hope Bethea, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Planner Emily Crudup, Economic Development Intern Oli Devaud, Director of Revenue Johnny Horner, Animal Control Director Elma Rae Johnson, Purchasing Director Pam Jones, Planner Eddie Kirk, MPA Intern Lucy Lewis, Tax Assessor Kermit Lloyd, Director of Public Works Wilbert McAdoo, Animal Control Officer Harvey Melton, County Engineer Paul Thames, Health Director Dan Reimer, and Planner Mary Scearbo. NOTE: Copies of all documents referred to in these minutes are in the permanent agenda file in the Clerk's Office. I. BOARD COMMENTS Chairman Carey indicated he received a request for proposals from the Z. Smith Reynolds Foundation allowing counties to indicate an interest in submitting grant proposals for Opportunities For Families Fund. This is a fund which has been established to increase the ability of counties to provide and coordinate Human Services. A letter indicating that Orange County is interested in receiving some of these funds has been forwarded to the Foundation. II. COUNTY MANAGER'S REPORT John Link introduced Lucy Lewis, the new MPA Intern. She will be working to establish linkages with the youth services organizations, and help with the 24 hour courthouse project and the Report to the People. III. ADDITIONS OR CHANGES TO THE AGENDA Item X-C and X-K were deleted from the Agenda. The May 16 and May 29, 1990 minutes were placed immediately after the Public Charge for approval. Items V-H, V-R, and V-S were removed from the Consent Agenda for discussion. 118 IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those in the audience who would like to speak to an item on the printed agenda will be recognized at the time the item is being discussed. B. MATTERS NOT ON THE PRINTED AGENDA None. PUBLIC CHARGE Chairman Carey read the public charge. MINUTES A motion was made by Commissioner Hartwell, seconded by Chairman Carey, to approve the May 16, 1990 minutes as amended. VOTE: UNANIMOUS A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell, to approve the May 29, 1990 minutes as submitted. VOTE: UNANIMOUS V. ITEMS FOR DECISION - CONSENT AGENDA Items "H", "R" and "S" were removed from the Consent Agenda for further discussion. A motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the items on the Consent Agenda as stated below: A. REVISION OF THE PERSONNEL ORDINANCE - SECOND READING To approve the revisions to Article I, section 4. 16 and Article II, section 3 . 0 of the Personnel Ordinance. To delete sections 8. 11 through 8. 14 of Article III of the Personnel Ordinance and insert new Sexual Harassment Policy as section 2. 0 of Article II, thereby renumbering all following sections of Article II. The relevant sections of the Personnel Ordinance follow: ARTICLE 1 2. 0 Sexual Harassment Policy PURPOSE The purpose of this policy is to provide guidelines, and to establish that Orange County prohibits all forms of sexual harassment of applicants, employees, and citizens conducting business with county government employees. POLICY 119 The policy of Orange County is that no employee may engage in conduct that falls under the definition of sexual harassment. The definition of sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions; or 3) such conduct has the effect of unreasonably interfering with the individuals ability to perform work, and/or creates an intimidating, hostile or offensive work environment. Sexual harassment does not include conduct welcomed by the recipient, or social interactions and relationships entered into freely by county applicants, employees or citizens. COMPLAINT PROCEDURE Every employee is entitled to work in an environment free of sexual harassment. Any employee, applicant or client who feels he/she has been sexually harassed may file a complaint using the following procedure. 1) Report the alleged misconduct to your immediate supervisor, if he/she is not involved in the complaint, or 2) Report the alleged misconduct to the Department Head, if he/she is not involved in the complaint, or 3) Report the alleged misconduct directly to the EEO Officer (Yelena Chandra) in the Personnel Department of Orange County. Prompt and impartial investigation will be made of all cases alleging sexual harassment based on facts presented surrounding the misconduct. All information received regarding the alleged incidents of sexual harassment will be treated with privacy and confidentiality. Any interference, coercion, restraint or reprisals towards any person complaining of sexual harassment is prohibited. POLICY IMPLEMENTATION The Sexual Harassment Policy and Complaint Procedure will be posted on bulletin boards where it is accessible to all employees and citizens. 3 .0 LIMITATIONS OF EMPLOYMENT OF RELATIVES The employment of Orange County of members of the same immediate family within the same department at the same time is prohibited. This prohibition applies to members of the same household regardless of familial relationship of the household members. A violation of this prohibition shall be deemed unacceptable personal conduct. Employees are encouraged to advise their 120 supervisors and Personnel when such a situation occurs. Once the employees' involved decide which will seek a transfer, the Personnel Department will provide assistance in accomplishing this. A transfer provides a solution to the personal conduct problem. This policy applies to promotion, demotion, transfers, reinstatement and new appointments; permanent or temporary. B. PROPOSED PARK ORDINANCE - SECOND READING To approve an ordinance regulating activity at county- owned/operated recreation and park facilities. This Ordinance is made a part of these minutes by reference and included on pages of these minutes and is in the Ordinance Book in the Clerk's Office. C. MEMORANDUM OF UNDERSTANDING - ORANGE SOIL AND WATER CONSERVATION SERVICE To approve and authorize the Chair to sign the Memorandum of Understanding between Orange County and the local Soil and Water Conservation Service D. CULBRETH JUNIOR HIGH AND CHAPEL HILL HIGH SCHOOL CAPITAL PROJECT ORDINANCES To adopt the following capital project Ordinances: CULBRETH JUNIOR HIGH SCHOOL CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 12.2 of Chapter 149 of the General Statutes of NOrth Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for construction of classrooms at Culbreth Junior High School. The project will be financed by bond proceeds. 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. Bond Proceeds $492 , 951 Section 4. The following amount is appropriated for this project: Culbreth Junior High School $492,951 Section 5. This ordinance supersedes all previous Culbreth Junior High School Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. 121 Adopted this 6 day of August, 1990. CHAPEL HILL HIGH SCHOOL PHASE I CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 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 initial phase of construction of classrooms and support areas at Chapel Hill High School. The project will be financed by bond proceeds. 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. Bond Proceeds $5, 172,962 Section 4. The following amount is appropriated for this project: Chapel Hill High School $5, 172,962 Project - Phase I Section 5. This ordinance supersedes all previous Chapel Hill High School Phase I Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1992. Adopted this 6 day of August, 1990. E. FOREST SERVICE CONTRACT To approve and authorize the Chair to sign the renewal of the annual agreement between Orange County and the Department of Environment, Health and Natural Resources. F. APPROVAL OF THE TITLE III-B AND D CONTRACT To approve and authorize the Chair to sign the Title III-B & D Older Americans Act (Social Services/Senior Center Operations) contract with the Triangle J Council of Governments effective July 1, 1990 through June 30, 1991 for federal/state funds in the amount of $140,775. County matching funds would not increase over previous years. G. BOARD OF E & R MINUTES To approve the Board of Equalization and Review minutes for _ 4 June 26, 1990 meeting. All minutes for the 1990 session of the Board of E & R are in the minute book marked accordingly in the Clerk's ' 122 Office. H. TAX REFUND REQUESTS After discussion a motion was made by Commissioner Hartwell, seconded my Commissioner Marshall, to approve the request for refund of tax bills as listed below: NAME ACCOUNT NUMBER REFUND AMOUNT Margaret Elizabeth Tyndall 89001130 $ 100.00 Arnold Bryce Gibson 89-00510 200. 00 Debra Singer 89001018 100. 00 Nancy Jeanne Smith 89001033 100.00 Melissa Ann Marcotte 89007293 100.00 Dana V. Darien 89000357 100. 00 David C. Ferrell 89000459 100.00 Ana T. Ramirez 89000382 100. 00 AT & T Credit Corp. 140384 34. 36 Alan E. Rimer and Mary Lynn Taylor-Rimer 56244 113 . 38 Josephine Richardson 29264 90. 22 Ken Bedford 98764 64 . 69 Ken Bedford 98763 64 . 69 William L. Hunt 23546 1, 056.71 William L. Hunt 23561 153 . 29 Charlie Junior Thompson 89001098 112 . 69 Agustin C. Balderas 89000079 100.00 Alan Ames 89000042 100. 00 Faye E. Burgner 89000230 100. 00 Frank W. Bumpus 17570 146. 07 VOTE: UNANIMOUS I. 1989-90 ANNUAL TAX SETTLEMENT To approve the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the amount collected for 1989 and prior. This report is made a part of these minutes by reference and is on pages of these minutes. J. CAROLINA CABLE TV EXPANSION IN NORTHEASTERN ORANGE COUNTY To approve Carolina Cable's status report. Carolina Cable did obtain approval from Durham County for a cable TV corridor through Durham County for the purpose of accessing several subdivisions in Northeastern Orange County. K. ANIMAL SHELTER PROMISSORY NOTE To approve and authorize the Chair to sign a contract and promissory note between the Animal Protection Society (APS) of Orange County, INC. and Orange County which affirms the commitment of the $61, 031 contribution from APS for the expansion of the Animal Shelter 123 L. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT - STREETS AND CERTIFICATES OF DEDICATION AND MAINTENANCE To approve amendments to Sections IV-B-3-d-2 and V-D-6-b-2, and to add Section V-D-6-b-3 to the Subdivision Regulations. The amendments would clarify access requirements and provide for a Certificate of Dedication when land is publicly dedicated. M. SUBDIVISION REGULATIONS TEXT AMENDMENT - CONCEPT PLAN APPROVAL To approve an amendment to the Subdivision Regulations to make Concept Plan submittal for Minor Subdivisions optional instead of mandatory. N. SUBDIVISION REGULATIONS TEXT AMENDMENT - APPEAL PROCEDURES - MINORS, MAJOR CONCEPT PLANS, MAJOR FINAL PLATS To approve amendments to Section III of the Subdivision Regulations - Application and Approval Procedures. The proposed amendments include a time limit on appeals of minor subdivisions, as well as major subdivision concept plans and final plats. O. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT - DEFINITION OF MINOR SUBDIVISION To approve an amendment to the definition of minor subdivision in Section II of the Subdivision Regulations. P. SUBDIVISION REGULATIONS TEXT AMENDMENT - FLAG LOTS To approve an amendment to expand the criteria used in permitting the creation of flag lots. Q. SUBDIVISION REGULATIONS TEXT AMENDMENT - DEFINITIONS (SUBDIVISION) To approve an amendment to the Subdivision Regulations to allow the combination or recombination of non-conforming lots. R. ENCROACHMENT AGREEMENT FOR CARDEN'S MOBILE HOME PARK After discussion, a motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the agreement between the County and the owners of Carden's Mobile Home Park, outlining the financial responsibility of the owners for maintaining, replacing, etc. , the force main between the waste treatment and pumping facility at the mobile home park and the discharge point at Stoney Creek; to approve and authorize the Chair to sign the encroachment agreement among NCDOT, the County, and the owners of Carden's Mobile Home Park. VOTE: UNANIMOUS S. MEETING SCHEDULE FOR CALENDAR YEAR 1991 The consensus of the Board was that this item could be approved now and reviewed for any necessary changes later in the year. A motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the regular meeting schedule of the Board of Commissioners for the calendar year 1991. 124 VOTE: UNANIMOUS VOTE ON THE CONSENT AGENDA: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION OF WOMEN'S EQUALITY DAY This item was presented by Diane Waters, a member of the Commission for Women. The purpose of this presentation was to proclaim August 26, 1990 as Women's Equality Day; to recognize the importance of this day by inviting community participation; and to show the Orange County Commissioners' support of women in Orange County. Chairman Carey read the following Proclamation: 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 Sunday, August 26, 1990 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. This the 6th day of August, 1990. VII. SPECIAL PRESENTATIONS None. • 125 VIII. PUBLIC HEARINGS A. INDUSTRIAL REVENUE BOND APPROVAL FOR MEBANE PACKAGING This item was presented by Chairman Carey. The purpose of this item was to review information and bring to public hearing the proposed issuance by the Orange County Industrial Facilities and Pollution Control Financing Authority of $5.5 million in industrial revenue bonds to pay for all or a portion of a facilities and equipment expansion of Mebane Packaging Corporation located on Oakwood Street Extension in Orange County within the extraterritorial jurisdiction of the Town of Mebane. Approximately 60, 000 square feet will be added to the existing building as well as a new $3 . 6 million printing press. The expansion will employ 46 new employees and will be owned and operated by Mebane Packaging Corporation. The Orange County Industrial Facilities and Pollution Control Financing Authority entered into a Memorandum of Agreement with Mebane Packaging Corporation on July 10, 1990. Chairman Carey stated that pursuant to Chapter 159C of the General Statutes of North Carolina and the regulations thereunder he had been advised that The Orange County Industrial Facilities and Pollution Control Financing Authority (the "Authority") intended to file an application with the Secretary of the Department of the Economic and Community Development for approval of an industrial and manufacturing project in Orange County, North Carolina, consisting of the construction of an approximately 60, 000 square foot manufacturing building addition to be located on property owned by Mebane Packaging Corporation, a North Carolina corporation (the "Company) , on Oakwood Street Extension, Mebane Industrial Park, Mebane, Orange County, North Carolina and the installation of a printing press and other equipment in addition to be used to manufacture packaging for products for retail sale (the "Project") by the Company and to be financed for the Company by the issuance of approximately $5, 500, 000 aggregate principal amount of bonds of the Authority. Such application for approval cannot, under regulations of the Department of Economic and Community Development, be officially received until, among other things, the Board has, by resolution after having held a public hearing, approved the issue of bonds for the proposed Project and approved the Project in principle. Chairman Carey presented to the Board copies of the Authority's resolution approving the Project and the inducement agreement between the Authority and the Company. The Chairman then stated that a notice had been published by the Clerk to the Board on July 20, 1990 stating that the Board would hold a public hearing on August 6, 1990 on the proposed revenue bond issue and the Project (the "Notice") . A motion was made by Commissioner Hartwell, seconded by Commissioner Marshall, to ratify the publication of the notice and designate this meeting as a public hearing on the Revenue Bond issue and the Project. VOTE: UNANIMOUS 126 Joseph Heldreth, Treasurer of the Mebane Packaging Corporation, indicated that the Industrial Revenue Bond Project is an additional 60, 000 sq. ft. of manufacturing space and also the purchase of a printing press which costs approximately 3 and 1/2 million dollars. The benefits to Orange County are that this project will result in an additional 46 jobs in the county and will generate approximately $20, 000 in property taxes for the county. Mebane Packaging currently pays $50, 000 in property taxes to Orange County. This is a clean, sophisticated industry which pays above average wages. A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell, to close the Public Hearing. VOTE: UNANIMOUS Chairman Carey read the Resolution as follows: RESOLUTION APPROVING THE ISSUANCE BY THE ORANGE COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS $5,500, 000 INDUSTRIAL REVENUE BONDS (MEBANE PACKAGING CORPORATION PROJECT) TO FINANCE AN INDUSTRIAL AND MANUFACTURING PROJECT IN ORANGE COUNTY, NORTH CAROLINA FOR MEBANE PACKAGING CORPORATION AND APPROVING SUCH PROJECT IN PRINCIPLE. _! WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The Orange County Industrial Facilities and Pollution Control Financing Authority" (the Authority") ; and WHEREAS, The Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina (the "ACT") , to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial or pollution control project for industry; to acquire, construct, improve and equip any such project; and to make and execute financing agreements security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of the construction and installation of an addition to an industrial facility located on Oakwood Street Extension, Mebane Industrial Park, in Mebane, in Orange County for the manufacture of packaging for products for retail sale (the "Project") , to be operated by Mebane Packaging Corporation, a North Carolina corporation (the "Company") , the interest on said bonds to be exempt from federal income taxation by virtue of the provisions of Section 103 of the Internal Revenue Code of 1986, as amended or any successor therefor; and WHEREAS, the Authority intends to file an application for 127 approval of the Project with the Secretary of the Department of Economic and Community Development (the "DECD") , as required by the Act, and WHEREAS, the DECD has, by regulation, provided that no application for approval of a project will be officially received until the governing body of the County from which the application is made has, by resolution after having held a public hearing, approved the issue of revenue bonds and approved in principle the proposed project and a certified copy of such resolution has been provided to the DECD; and WHEREAS, the Board of County Commissioners, pursuant to public notice duly given, has held a public hearing on the proposed revenue bond issue and Project and has considered the comments of persons who requested to be heard; and WHEREAS, the Board of County Commissioners desires to approve the issuance of revenue bonds and approve the Project in principle; NOW, THEREFORE BE IT RESOLVED by the board of County Commissioners of the County of Orange as follows: (1) The issuance of revenue bonds by the Authority in an aggregate principal amount of up to $5, 500, 00 to finance the Project is hereby approved. (2) The project is hereby approved in principle (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the DECD. (4) The Board of County Commissioners hereby requests that the State of North Carolina, pursuant to Chapter 588 of the 1987 North Carolina General Session Laws, or any other executive order or legislation relating to volume limitations on tax-exempt financing, allocate to the above-described revenue bonds and Project $5,500, 000 of "unified volume limitation" (as described in said Session Laws or in any such other executive order or legislation) , and acknowledges that any such allocation shall be only for purposes of said Project and that any portion of such allocation not utilized in connection with such bonds and Project or which terminates or expires as provided in said Session Laws will, without further action, revert to the State of North Carolina, and there is hereby approved the application by the Authority for such an allocation. (5) This resolution shall take effect immediately upon its passage. Commissioner Willhoit moved the passage of the foregoing resolution and Commissioner Marshall seconded the motion, and the 128 resolution was passed by the following vote: AYES: ALL IX. REPORTS A. SOLID WASTE COLLECTION SYSTEM ALTERNATIVES This item was presented by Wilbert McAdoo. The purpose of this item was to present to the Orange County Board of Commissioners the Solid Waste Collection System Alternatives Report. McAdoo outlined the three alternatives along with estimated costs. These are described in detail in the report on file in the Clerk' s Office. McAdoo answered various questions from the County Commissioners. He stated that he had not considered the possibility of the price of gas increasing in his estimated costs for each alternative. The 40-yard compactor system would allow the County to handle the most waste. McAdoo stated he hopes to have money this year to start a pilot program in the last quarter of the fiscal year. The Commissioners agreed to proceed with the recommendations. However, they would like to have various public hearings in the County to hear from the citizens on the three different alternatives. Commissioner Wilihoit asked for additional information on a system of using private haulers either exclusively or partially to pick up from the 12, 000 households. The equity issue of paying for solid waste collection was discussed. A motion was made by Commissioner Wilihoit to pursue one site using the compaction system with the understanding that it may be modified as public input is received. Commissioner Marshall amended the motion to include instructing the County Manager to begin discussions with private haulers and proceed with arranging public hearings with each TAC. Commissioner Hartwell seconded the motion. VOTE: UNANIMOUS B. POVERTY FORUM REPORT County Manager John Link informed the Board that this report is in the form of an action plan. He asked that the Board consider referring this report to the Human Services Advisory Council and the Human Services Management Team and the Economic Development Commission. In answer to a question about how to involve the schools in the action plan, Albert Kittrell explained that they will be involved as well as the HSAC, HSMT and EDC. Commissioner Marshall made several changes which will be incorporated into the final report. The Board agreed to refer the recommendations to HSAC, HSMT and EDC. C. OPTIONS FOR TELEPHONE EXTENDED AREA SERVICE This item was presented by Dick Helwig and Vic Knight. The purpose of this item was to consider Orange County's options for telephone extended area service. Helwig reviewed the original proposal that was turned down by the Utilities Commission. The Commission did not like crossing County lines. He feels that the best option for the 129 County is to seek equity in Orange County and ask for the same kind of calling scope as other counties have. This would involve putting together the six toll districts including the Chapel Hill Exchange, and the Orange County portion of the Durham Exchange. Vic Knight noted that as Chair of the EAS Yes Committee they are willing to address whatever it takes to educate all the citizens in the County on what a base rate would mean to the County as well as seven-digit dialing. Commissioner Willhoit indicated his priority would be to get extended area service between Chapel Hill, Carrboro and Hillsborough and then add the other areas such as that portion of Durham County which is part of Chapel Hill, etc. Chairman Carey indicated he would like to initially include all areas of Orange County and the Board agreed. They instructed the County Manager to work with the EAS YES Committee, to meet with the telephone companies and to come up with a strategy that they feel will succeed. The Committee will give the Board an update in a month. Mark Collins of Southern Bell assured the Board that they want to work with their customers to bring an end to what they perceive as an imbalance. He stated that they are not earning any excess revenue and that they are not allowed by law to lobby the Utilities Commission. They plan to look at the seven-digit system that Washington has and also combining the three county area in the white pages of the telephone book. X. ITEMS FOR DECISION - REGULAR AGENDA A. CONTRACT WITH ANIMAL PROTECTION SOCIETY FOR ANIMAL SHELTER OPERATION John Link explained that the contract has been shared with the APS Chair who has requested additional time for the APS Board to review it. He asked that the final decision be delayed until August 21 to allow this additional time. The contract reaffirms the operations and procedures that have been followed for the last ten years. These include the purpose of the animal shelter, the need to have the APS remit to the County all fees collected in turn for a fair appropriation from the County budget to the APS for operation of the shelter and access to the shelter by County personnel. B. SENIOR CENTER LEASE WITH ARTS CENTER The purpose of this item was to approve an adjustment to the County's lease arrangement with the ArtsCenter for Senior Center space in Carrboro. The County has been sub-leasing space from the ArtsCenter in Carrboro for the Senior Center since 1987. The lease is now in the 4th year of its 5 year term. The Manager recommends that the County agree to a short term lease adjustment of $3 , 000 per year. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve amending the existing lease with the ArtsCenter, authorizing the Chair to sign and directing the County staff to begin long-term lease negotiations for Senior Center space. VOTE: UNANIMOUS 130 C. HUMAN RELATIONS COMMISSION BY-LAWS AMENDMENT This item was deleted from the agenda. D. MULTI-HAZARD PLAN The purpose of this item was to approve the Multi-Hazard Plan which outlines the County's operation in times of disaster. The plan includes County Ordinances, authorities, and responsibilities of the Chair of the Board of Commissioners, the Manager's office, and certain department heads. The plan will include functional annexes addressing those actions that are common to any disaster or large emergency operation. The plan is also an instructional tool for county training programs. The plan will need to be reviewed and revised periodically to insure conformity to the county structure and to maintain its value as a working document. Commissioner Marshall asked about the responsibility for transportation in case of a disaster. The plan indicates that the superintendent of schools is the person responsible. Nick Waters indicated that will be corrected. Commissioner Willhoit mentioned that there are other private airstrips that should be listed in the document. Also, it was decided that the list of potential hazards will be listed alphabetical. The responsibilities listed under Public Information Officer will be changed to County Manager or designee. The signature page will be corrected to reflect the correct titles. The definition of "Attack" will be deleted. The document will be corrected and returned to the Board for consideration at a future meeting. E. PD-2-90 "THE WOODS" MOBILE HOME PARK This item was presented by Eddie Kirk. The purpose of this item was to consider a proposed Planned Development Mobile Home Park. The applicant is requesting a Planned Development Mobile Home Park designation for 48.8 acres of land located west of Woods Edge Mobile Home Park off NC 86 and east of the Interstate 40 corridor. The proposed park would contain 53 mobile home spaces and receive access through existing paved streets in Woodsedge Mobile Home Park. It is known as part of lot 13 , Block B of Tax Map 49 in Hillsborough Township, and part of lots 29G and 16 of Tax Map 2 in Chapel Hill Township. The present zoning of the property is R-1 (Rural Residential) . The proposed zoning is PD-MHP-R1 (Planned Development Mobile Hope Park) . The applicant is proposing to extend Hillsborough water and sewer from Woods Edge Mobile Home Park to serve the proposed park. The property is located in a Rural Residential area as designated in the Land Use Element of the Comprehensive Plan. That designation permits single family residential housing. For development of the mobile home park to proceed certain development standards must be met and a Special Use Permit obtained. A motion was made by Commissioner Hartwell, seconded by Commissioner Marshall that the Board finds a preponderance of evidence to indicate compliance with the General Standards, specific rules governing the specific use and that the use complies with all required regulations and standards with the exception of those standards for 131 which the Planning Board found a lack of compliance and as to those standards the Board finds that a preponderance of evidence is not present to indicate compliance. Provided, however, among the 19 conditions recommended by the Planning Board are conditions which if met will satisfy the standards not satisfied by the evidence. The Board further finds that the use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted and the use will maintain or enhance the value of contiguous property and the use is in compliance with the general plan for the physical development of the county as embodied in these regulations or in the comprehensive plan, or portion thereof, adopted by the Board of County Commissioners, and therefore the Board approves the rezoning of the property to a planned development mobile home park district specifically a planned development mobile home park RI District and a Class A Special Use Permit including the 19 conditions as recommended by the Planning Board and Administration. VOTE: UNANIMOUS F. Z-3-90 BINGHAM TOWNSHIP - ZONING ATLAS AMENDMENT This item was presented by Emily Crudup. The purpose of this item was to consider a proposed zoning Atlas amendment in Bingham Township. The purpose of this rezoning is to make the Zoning Atlas consistent with the Land Use Element of the Comprehensive Plan. When the Land Use Plan for Bingham Township was updated in September, 1988, portions of the Agricultural Residential areas were changed to Rural Residential. To make the Zoning Atlas consistent with the Comprehensive Plan, the Rural Residential areas must be rezoned to Residential-1. Most of the property proposed for rezoning is located on the south side of NC Highway 54 near the White Cross Rural community Activity Node. A smaller portion is located on the north side of Dairyland Road (SR 1177) west of Dodsons Crossroads (SR 1102) . The current zoning is agricultural Residential. Residential-1 zoning is recommended to provide the consistency referenced above. The Board discussed the questioned of allowing greenhouses in the proposed zoning of R-1. Greenhouses (with on-premise sales) are not permitted in R-1 but are allowed in AR. Marvin Collins noted that in the Zoning Ordinance retail sales are not permitted in residential districts. However such establishments such as home occupations are permitted. Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to approve the proposed Zoning Atlas amendment from Agricultural Residential to Residential-1. VOTE: AYES, 3 ; NOS, 1 (Commissioner Hartwell) Commissioner Marshall asked that a recommendation on permitted uses by right be brought back to the Board for consideration. G. ZONING ORDINANCE TEXT AMENDMENT DEFINITIONS - EFFICIENCY APARTMENT This item was presented by Mary Scearbo. The purpose of this presentation was to consider a proposed amendment to the definition of 132 "efficiency apartment" which would allow flexibility as to the location of such units. Single-family dwelling units may contain an efficiency apartment. Current standards require that the efficiency apartment be located within or attached to the principal residence. The Planning Staff has encountered difficulty in determining if an efficiency apartment is "attached" in a manner which complies with the intent of the ordinance. The maximum size would be 800 square feet. The proposed amendment would allow one detached or attached efficiency apartment per lot if the proposed efficiency meets the established specifications. A motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the proposed amendment, modified to allow an efficiency apartment to contain a maximum of 800 square feet regardless of the size of the principal dwelling. VOTE: UNANIMOUS H. PROPERTY OF HAROLD P. SMITH - PRELIMINARY PLAN This item was presented by Emily Crudup. The property is located in the northern part of Bingham Township on the east side of Buckhorn Road (SR 1114) and on the south side of Simmons Lane, an existing gravel road. The tract totals 13 .74 acres. Two lots are proposed. Lot 1-A contains 2 acres. Lot 1-B contains 1.74 acres. An existing residence is located on Lot 1-B. Both lots will have individual wells and septic tanks. The existing lot is part of the Research Support Service, Inc. subdivision, recorded on March 8, 1989. The proposed lot is the sixth lot to be created from this tract during the past two years. In the Land Use Element of the Comprehensive Plan, the property is designated as Agricultural Residential and Water Supply Watershed. The zoning is Agricultural Residential and Protected Watershed II (Cane Creek. A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the preliminary Plat for the property of Harold P. Smith with a Class A private road and the conditions contained in the Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS I. ADVERTISEMENT OF AUGUST 30 PUBLIC HEARING This item was presented by Marvin Collins. The purpose of this presentation was to consider the legal notice and items for discussion proposed for public hearing on August 30, 1990. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve combining the special Joint Planning and regular Orange County Quarterly public hearings and to approve the Notice of Public Hearing for August 30, 1990. VOTE: UNANIMOUS J. CABLE TV ORDINANCE AMENDMENT- FIRST READING This item was presented by Geoff Gledhill. The purpose of this presentation was to request the Board to consider amending the Cable TV Ordinance. This amendment dispenses with extensive procedural requirements necessary for the County to award a franchise. The existing procedural requirements are appropriate for initial franchising 133 of the entire County and perhaps renewals of all County franchises, but are not meaningful for an area franchise awarded because the current County cable franchises cannot reasonably serve these areas. A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the Cable TV Ordinance Amendment on first reading as presented in the agenda abstract. VOTE: UNANIMOUS K. CABLE TV FRANCHISE - CABLEVISION OF DURHAM This item was deleted. XI. APPOINTMENTS The following appointments were approved by the Board. COMMISSION FOR WOMEN - Reappointment of Ann Johnson and Marion O'Malley and the appointment of Janet Hurley DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Appointment of Jane Rody ECONOMIC DEVELOPMENT COMMISSION - Reappointment of Guido DeMaere, Pat Davis and James Gibson and appointment of Lawrence Vanhook ORANGE COUNTY BOARD OF ADJUSTMENT - Appointment of Frances Douglas and Joan Jobsis as Alternate Members of this Board. XII. MINUTES The January 18, April 10, and May 15 minutes were delayed until August 21, 1990. The minutes of the May 16, 1990 meeting were approved following the Public Charge. The minutes of the May 29, 1990 meeting were approved following the Public Charge. A motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to approve the May 31, 1990 minutes as submitted. VOTE: UNANIMOUS A motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the June, 1990 Budget Work Session minutes as submitted. VOTE: UNANIMOUS A motion was made by Commissioner Marshall, seconded by Commissioner Willhoit, to approve the June 4, 1990 minutes as submitted. VOTE: UNANIMOUS A motion was made by Commission Marshall, seconded by Commissioner Hartwell, to approve the June 26, 1990 minutes as submitted. . 134 VOTE: UNANIMOUS XIII. EXECUTIVE SESSION A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go into Executive Session to discuss land acquisition and litigation. VOTE: UNANIMOUS A motion was made by Commissioner Marshall, seconded by Commissioner Wilihoit to return to regular session of the Board. XIV. ADJOURNMENT With no other items for consideration, Chairman Carey adjourned the meeting. The next regular meeting will be held at 7: 30 p.m. in the old Post Office, Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk I I 135 ORANGE COUNTY 1 BOARD OF COMMISSIONERS Action Agenda 4111 Item No . V-z ACTION AGENDA ITEM ABSTRACT Meeting Date: August 6 , 1990 SUBJECT: 1989-90 Annual Tax Settlement . DEPARTMENT: PUBLIC HEARING YES X NO venue John T. Horner ATTACHMENT (55) : INFORMATION CONTACT: TELEPHONE NUMBER: Hillsborough - 732-8181 ext . 2727 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE : To receive the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the 410 amount collected for 1989 and prior , 3ACKGROUND: Mandated by General Statutes 105-373 . 3 (3) Settlement for Current Taxes- After July 1 and before he is charged with taxes for the current fiscal year , the Tax Collector shall make full settlement with the governing body of the taxing unit for all taxes in his hands for collection for the prededing fiscal year. In the settlement the Tax Collector shall be charged with: (a) The total amount of all taxes in his hands for collection for the full year, including amounts originally charged to him and all amounts subsequently charged on account of discoveries ; (b) All penalties , interest, and cost collected by him in connection with taxes for the current year. RECOMMENDATION (S) : Accept the report and enter the settlement into the minutes . Page 2 of 5 REPORT OF TAXES COLLECTED 3 FOR YEAR ENDING JUNE 30 , 1990 4111 ORANGE COUNTY Levy for 1989 $ 30 , 139 , 520 .02 1988 and prior $ 620 , 139 .52 Total interest charged $ 131 , 172 .06 Total $ 30 , 890 , 831 .60 Levy collected for 1989 $ 29 ,493 ,966 .94 1988 and prior $ 443 , 285 .66 Accounts receivable for 1989 $ 645 ,553 .08 1988 and prior $ 176 , 853 .86 Total interest collected $ 131 , 172 .06 Total $ 30 , 890 , 831 .60 • *************** TOWN OF CHAPEL HILL Levy for 1989 $ 9 , 077 , 361 .87 1988 and prior $ 172 , 526 .42 Total interest charged $ 38 , 242 .32 Total $ 9 , 288 , 130 .61 Levy collected for 1989 $ 8 , 906 , 156 .00 1988 and prior $ 127 , 292 .54 Accounts receivable for 1989 $ 171 , 205 .87 1988 and prior $ 45 , 233 .88 Total interest collected $ 38 , 242 .32 Total $ 9 , 288 , 130 .61 • 137 Page 4 of 5 OTHER REVENUE 5 4110 CHAPEL HILL VEHICLES Levy for 1989 $ 90 , 710 .01 1988 and prior $ 4 , 873 .95 Total $ 95 ,583 .96 Levy collected for 1989 $ 87 , 102 . 03 1988 and prior $ 1 , 319 . 80 Accounts receivable for 1989 $ 3 ,607 . 98 1988 and prior $ 3 , 554 . 15 Total $ 95 ,583 . 96 CARRBORO VEHICLES Levy for 1989 $ 28 , 665 .00 ID1988 and prior $ 2 , 016 .86 Total $ 30 681 .86 Levy collected for 1989 $ 27 ,030 .89 1988 and prior $ 574 .30 Accounts receivable for 1989 $ 1 , 634 .11 1988 and prior $ 1 ,442 .56 Total $ 30 ,681 .86 MOTOR VEHICLE PENALTY Levy for 1989 $ 102 , 708 .90 Levy Collected for 1989 $ 47 , 009 . 14 Accounts receivable for 1989 $ 55 ,699 . 76 Total $ 102 , 708. 90 4110 3 RESOLUTION OF THE 1111 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date July 5 , 1990 Name of Subdivision Property of Harold P. Smith Owner/Applicant Harold P. Smith The Board of County Commissioners hereby approves the Preliminary Plat for the Property of Harold P. Smith, dated November 8 , 1989 and containing 2 lots , subject to the fulfillment of requirements specified herein. The 60-foot right-of-way for Simmons Lane shall be irrevocably dedicated to the general public . Simmons Lane has been upgraded and approved as a Class A private road. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of the right-of-way for Simmons Lane . This acceptance by Orange County of the dedication to the general public of Simmons Lane shall be without maintenance responsibility. This road shall be maintained by the owner/applicant until such time as it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of any phase of the subdivision of the Harold P. Smith property can be recorded: A. Sewage Disposal 1 . Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health . 2 . Disclosure that the septic system location may restrict the size and location of improvements shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1 . A Private Road Maintenance Agreement for Simmons Lane shall be approved by the County Attorney. The Road Maintenance Agreement for Simmons Lane shall require that the owners of lots 1-A and 1-B shall contribute to the upgrading of Simmons Lane when it is constructed to the standards of the North 139 4 Carolina Department of Transportation. • 2 . A provision that there be no further subdivision of any lot created by this subdivision shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3 . Lot 1-A shall have access restricted to Simmons Lane . This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4. Simmons Lane shall be labeled "public" on the final plat . C. Land Use Buffers and Landscaping 1 . Landscaping shall be preserved and additional trees and shrubs planted as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. 2 . Provisions for protection of existing and proposed trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3 . On the landscape plan, remove proposed plantings shown in the right-of-way of Simmons Lane. Locate a minimum of five (5 ) existing trees ( large) or show equivalent proposed plantings in the front setback of lot I-A. D. Parkland 1 . Cash in the amount of $312 . 00 ( $5462 . 62/acre x 2/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. F. Miscellaneous 1 . The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and v-D-3 of the Orange County Subdivision Regulations . 2 . A setback of 40 feet shall be maintained as measured from the edge of right-of-way of all roads . Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat . 5 3 . On the Final Plat, show the accurate location of the travelway for Simmons Lane within the right-of-way. F Certifications 1 . A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2 . A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. • 3 . The Department of Environmental Health shall certify that • each lot contains a suitable area for septic disposal and adequate repair area. 4 . A Certificate of Approval signed by the Orange County Planning and Inspections Department . 4110 Signature of Applicant Clerk to the Board I, , accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat .