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HomeMy WebLinkAboutMinutes - 19901218 Approved January 7, 1991 295 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING DECEMBER 18, 1990 The Orange County Board of Commissioners met in Special Session at 6: 00 p.m. in the Franklin Street. Post Office District Courtroom, Chapel Hill, North Carolina for the purpose of going into Executive Session. COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Clerk to the Board Beverly A. Blythe, Deputy Clerk to the Board Kathy Baker, and Purchasing Director Pam Jones. OTHERS PRESENT: Former County Commissioner Shirley E. Marshall and Attorney Michael Brough. Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to go into Executive Session to discuss litigation and property acquisition. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to go back into Special Session for adjournment. VOTE: UNANIMOUS ADJOURNMENT With no further items to discuss, Chairman Carey adjourned the meeting. The next regular meeting of the Board is scheduled for 7: 30 p.m. December 18 in the Courtroom of the old Post Office in Chapel Hill. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk Approved January 7, 1991 296 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 18, 1990 The Orange County Board of Commissioners met in regular session at 7:30 p.m. in the Franklin Street Post Office District Courtroom, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly Blythe, Data Processing Director Keith Brooks, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Personnel Analyst I. Yelena Chandra, Land Records Manager Roscoe Reeve, Health Director Dan Reimer, County Engineer Paul Thames, EMS Director Nick Waters, and Planners Mary Scearbo, Emily Cameron and Eddie Kirk. I. BOARD COMMENTS Commissioner Willhoit noted that at the NCACC meeting held last week in Pinehurst the banquet speaker, Representative Anne Barnes, placed high emphasis on the Counties defining their relationship with the State. The Counties continually ask for money but also want to maintain their independence. Commissioner Willhoit highlighted the legislative goals as proposed by the organization. Chair Carey asked that the Manager report back on the involvement of the Sheriff in the new or reactivated Drug-Crime Task Force. II. COUNTY MANAGER'S REPORT The County Manager reported that the families whose water was contaminated by an underground gasoline storage tank in Northern Orange County have been provided with water. The State has indicated they will reimburse the County for any expenses they incur. Commissioner Halkiotis and John Link both commended those County employees who helped provide a short-term solution to this problem. III. ADDITIONS OR CHANGES TO THE AGENDA It was the consensus of the Board to add an Executive Session to discuss a potential litigation matter. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA - None • 297 B. MATTERS NOT ON THE PRINTED AGENDA - None V. 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. DATA PROCESSING SERVICE AGREEMENTS Agreements between the Towns of Chapel Hill and Carrboro and Orange County for data processing services were approved with authorization for the Chair to sign such agreements. These new agreements require an annual payment based on the number of terminals, printers, and communication devices connected to the system by each Town, as well as monthly payments based on each Town's actual usage of the computer system. B. PETITION FOR ADDITION - WISTERIA DRIVE AND SWEETBRIAR LANE IN BIRCHWOOD LAKE ESTATES SUBDIVISION The petition from NCDOT for the addition of Wisteria Drive and Sweetbriar Lane in Birchwood Lake Estates to the State-maintained Secondary Road System was approved. VOTE: UNANIMOUS I VI. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION OF APPRECIATION - WILLIAM H. BUNCH Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to adopt the resolution of appreciation as stated below for William H. Bunch for his tenure on the Board of Adjustment. RESOLUTION OF APPRECIATION FOR WILLIAM H. BUNCH WHEREAS, William Bunch 'has actively served on the Orange County Board of Adjustment since December 3 , 1984 ; and WHEREAS, William Bunch has faithfully served his fellow citizens of Bingham Township as their representative on this volunteer board charged with aiding the elected Board of Commissioners; and WHEREAS, he has given of his technical skill and talent to benefit all the citizens of Orange County in upholding the Orange County Zoning Ordinance; THEREFORE, the members of the Orange County Board of Commissioners do hereby thank William Bunch, upon his retirement from the Orange County Board of Adjustment for the services he performed on their behalf. VOTE: UNANIMOUS 298 VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS - NONE IX. REPORTS A. CABLE TV EXPANSION IN NORTHEASTERN ORANGE COUNTY John Link stated that in early summer, Carolina Cable was instructed to submit within six months a plan for providing cable TV to several subdivisions in Northeastern Orange County. These are all listed and shown on a map that is in the permanent agenda file. Randy Houser stated he expects all connections to be completed by mid January. B. ECONOMIC DEVELOPMENT - OCCUPANCY TAX Economic Development Director Ted Abernathy provided information regarding the effort to address challenge 9 of the Orange County Economic Development Strategic Plan - "Program to Attract and Serve Visitors" . A task force was formed by the Public Private Partnership on which a representative from Economic Development served. The two resolutions in the agenda packet from the two Chambers differ slightly in content but agree in the following: (1) that a County-wide entity be created to operate a countywide program, (2) that the entity be governed by members representii appropriate organizations, (3) that the County Commissioners seek legislative authority to levy a countywide occupancy tax dedicated to this purpose, (4) that Chapel Hill commit 20% of its current occupancy tax to this entity, and (5) that other sources of funding continue to be explored. The Economic Development Commission agreed to these five items in principle. Ted Abernathy clarified that at the present time Chapel Hill is using only 7% of its current occupancy tax for visitor services. The typical norm is 50% or more. Commissioner Willhoit expressed his objection to #4 above stating he feels that a countywide effort should be done with a countywide tax. Chairman Carey emphasized that if a countywide entity is formed, it should be the responsibility of that entity to pursue sources of funds to cover its operating expenses. After further discussion, it was the consensus of the Board to accept the resolutions and to endorse in principle moving forward with all recommendations except #4 listed above. Chairman Carey agreed to work with the mayors on the details that need to be addressed including the exact structure of an authority and the implementation of the program. C. COUNTY COMMISSIONERS' RETREAT FOLLOW-UP ON RURAL CHARACTL PROPOSALS 299 Chairman Carey asked for Board input on the process that should be followed in moving the Rural Character Report recommendations to their next step of approval. Carrboro has approved the recommendations and Chapel Hill is currently considering them. Commissioner Gordon made the following statement which is hereby made a part of these minutes: "As we discuss proposals for the Rural Buffer, I would suggest that we follow three principles: A. Support the Joint Planning Agreement and continue to promote intergovernmental cooperation with Carrboro and Chapel Hill. As I tried to emphasize at the Commissioners' planning retreat on December 8, it is important to approach any discussions in the spirit of cooperation not confrontation. As co-chair of the advisory group which helped to shape the Joint Planning Agreement, I believe it is extremely important to support such joint planning. During the coming decade joint planning and regional cooperation are going to be increasingly significant. B. Follow procedures that will resolve the remaining issues as quickly as is prudent and possible. We owe that to the residents in the current rural Buffer area and we also owe it to the members of the Rural Character Study Committee who have worked so long and so fruitfully. C. Adopt proposals which are environmentally sound. As we deliberate we need to know the carrying capacity of the land for development. I believe there is a considerable amount of information already available on the amount of groundwater in the buffer and the capability of the land to support septic tanks, as well as other information on soils and slopes. We should have that information presented to us in the course of our deliberations and we should consider it carefully. " Commissioner Willhoit feels that the only way to resolve the issues is to have a forum in which all views can be heard and discussed. He sees the remaining issues as (1) Rural Buffer and (2) Alternative Sewage Disposal Systems. The real issues to be decided have to do with option D -- planned residential development and option E -- rural villages. The real issue is the desirability of D & E as a. means of addressing the concerns about rural character. Commissioner Willhoit listed the issues he feels need to be discussed in considering options D & E. 1. LOCATION - are the locations of planned residential developments and rural villages to be directed, identified on the Land Use Plan, or are they to just happen? This decision will impact on the planning for utilities and other services. 300 2 . TRANSPORTATION - it has been suggested that transportatio,. should be the chief location criterion. He questions this because the density of D and E would not be that much higher than the other proposals so there is nothing to be gained. If transportation is important for A-C, it would be just as important for D and E. 3 . SEWAGE DISPOSAL - a sewer line is the most sound sewage disposal system from an environmental standpoint. The real question is do sewer lines promote growth in ways that cannot be controlled through a Land use Plan and zoning. 4 . URBAN SERVICES - he questioned what constitutes "an area where urban services are not planned to be provided"? urban services, e.g. , fire protection, police protection, solid waste collection, water and sewer utilities, and recreation facilities are needed by all residents regardless of where they live. The question is how to provide these services. There has been some question about clustering and if that would make an area suitable for annexation. Commissioner Wilihoit stated the emphasis should not be on preventing annexation, but on agreeing what the plan should be and whether the municipalities are going to serve the area. He stated that on the alternative service question, he feels tY County should proceed on addressing the management problem without regard to the Rural Buffer. Addressing the question of management of alternative systems should be done with a countywide perspective. Another issue to be addressed deals with remediation in the case of failing alternative systems. One of the largest concerns has to do with the ability to effect repairs in the event of a system failure. A bond, to be put up by the developer/owner, has been suggested as one mechanism. Concern has been expressed about the ability to collect funds in a timely manner using this mechanism. Another possibility would be to establish a "super fund" to be used for emergency remediation. The fund could be established by an upfront fee charged at the time new systems- are approved. The system owner would be responsible for replenishing the fund which could be done through an assessment-lien procedure. The State has established a similar fund to address leaking underground storage tanks in cases where the tank owner denies ability to fund the cleanup. Annual tank registration fees are used. He asked that legislation be sought to provide for the creation of a fund that could be used to address the alternative sewage disposal systems problem. Chairman Carey agreed that the land use decisions need to be discussed and decided upon before implementation is discussed. Commissioner Insko feels that D & E may be acceptable if a satisfactory system can be found to provide alternative treatment packages in that area. She agrees that the two issues -- land ur decisions and alternative sewage disposal systems need to be separate. out. She supports going ahead with A, B, and C and putting D & E on 301 hold until the other issues have been resolved. Geoffrey Gledhill clarified that the State regulates discharge systems and permits discharge systems. The County permits septic systems no matter how big they are. The State gets an opportunity to review and make recommendations if the size of the system is greater than 3 , 000gpd. Commissioner Willhoit suggested going ahead with obtaining legislation that would give the County the ability to regulate those things the County doesn't have the authority to regulate with regard to discharge systems and to set up a fund as a means of handling failing systems. This would give the County the framework it needs to move forward with making land use decisions. In answer to a question from Commissioner Gordon on the statutory authority for alternative systems, John Link stated that there is no additional legislation needed for the Health Department to address what is already its responsibility for individual septic systems. The program as proposed by the Health Board has the legislation to implement. The question has to do with what process the County is going to use for the design, construction, monitoring and remediation of these larger alternative systems. Geoffrey Gledhill will provide the Board with written information on what legislation may be pursued. A presentation on alternative systems will be made at the next regular meeting of the Board as well as additional information on groundwater and suitability of soils. R. ITEMS FOR DECISION - REGULAR AGENDA A. SEARLE FARMS - AMENDED PHASING PLAN Planner Emily Cameron presented for consideration of approval a revised phasing plan for Searle Farms, a cluster subdivision. The Preliminary Plan for Searle Farms was approved by the Board of Commissioners on December 4, 1989. The applicant is requesting additional time for construction beyond the December 4, 1990 expiration date. The property is located on the south side of New Hope Church Road west of the intersection with I-40 in Chapel Hill Township. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the extension of time based on the evidence presented with respect to the findings required in Section III- D-2-e of the Subdivision Regulations. Final Plat approval must be obtained before December 4, 1991. VOTE: UNANIMOUS B. ZONING ENFORCEMENT CASES (CIVIL PENALTIES) On November 5, 1990, the Board considered making written demand for payment of civil penalties for zoning violations on six properties. Four property owners -- McDuffie, McMillan, Scurlock, and Turner were represented at this meeting and were given an extended deadline to Thursday, November 29, 1990. The Board decided to make written demand for payment of civil penalties to the other two property owners -- Garrett and Williams. Enforcement Officer Jim Hinkley requested that the Board consider making written demand for payment of civil penalties from Mr. 302 Paul G. Scurlock in the amount of $14, 200. Mr. Scurlock has made r effort to come into compliance. With regard to Lori B. and Natha,. McDuffie, substantial progress has been made on cleaning up their property. He asked that they be given another extension to finish their cleamp work. Re asked that the demand for civil penalties against Gayle and Chris McMillan be postponed again because of substantial progress that has been made on the cleanup. He asked that the civil penalties against Mr. Ralph Turner be rescinded because they have come into compliance well before the deadline. Mrs. McMillan assured the Board that if they grant her an extension she will have the work completed after the holidays. Mr. Gamble spoke on behalf of Mr. Scurlock. He stated that Mr. Scurlock has no funds to clean up his property. He has been building a house for the past five years. Commissioner Gordon asked on what basis an extension of time was granted. Gledhill stated that the imposition of civil penalties is one of the remedies available to the County as a means to enforce its Zoning Ordinance. Whether the County pursues it or not is purely discretionary. The enforcement of the Ordinance is not considered to be discriminatory. Whats at issue is how much time to give people before deciding to make a demand for civil penalties or pursue civil penalties in court. In his opinion, substantial progress toward getting the property in compliance is a valid basis for doing so. A decision based solely on economics would be a problem. Economics may be a basis for giving somebody more time but whether to enforce the Ordinanc- through the use of civil penalties based purely on the ability of tt person to pay the civil penalty may be a problem. Mr. Scurlock stated that he would probably finish his house by the end of the summer. He is trying to get a loan at this time. The car has been in the streambed for thirty years. He indicated he would not be able to move the car until he puts in a road and has the finances to hire a tow truck. Commissioner Halkiotis expressed his disappointment that Mr. Scurlock has not made an effort to clean up his property. He suggested that he be given an extension of thirty days and if no substantial effort is made to clean up his property that the County make written demand for the full amount of money due. Motion was made by Commissioner Halkiotis, seconded by Chairman Carey to give an extension of time to January 17, 1991 to Lori B. and Nathan McDuffie and Gayle and Chris McMillan and to rescind making demand for civil penalties against Ralph Turner. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to delay action on the demand for civil penalties against Paul G. Scurlock and to evaluate the situation on January 7, 1991 to determine if an effort has been made by Mr. Scurlock to come into compliance. VOTE: UNANIMOUS For Mr. Scurlock to come into compliance, he will need to remove everything from the streambed and on the floodplain. C. CLASSIFICATION STUDY 303 Personnel Director Elaine Holmes presented for consideration of approval the Phase I Classification Study changes to the Orange County Classification and Pay Plan as stated on pages attached to these minutes. It will cost approximately $30, 000 to implement these changes. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the adoption of the Phase I Classification Study changes to the Orange County Classification and Pay Plan with all classification changes, salary grade changes, and salary increases to be effective January 7, 1991. VOTE: UNANIMOUS D. E911/GIS CONSULTING AGREEMENT Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the E911/GIS consulting agreement with Richard J. Taylor in the amount of $13, 600 and authorize the Chair to sign. VOTE: UNANIMOUS E. FEASIBILITY STUDY - NC 54 WIDENING The proposed widening of NC 54 would be from I-85/40 in Burlington to the NC 54 Bypass in Chapel Hill. The widening project as it extends through Orange County would include widening NC 54 to four lanes -- two twelve foot lanes going both east and west. The right-of- way would be increased from 120 feet to 200 feet in width. The project is included in the 1990-96 Transportation improvement for feasibility study but is not currently funded. The Planning Department staff listed in the agenda abstract some potential problems that need to be further studied by NCDOT. The Planning Board also made comments which are included in the agenda abstract. The purpose for widening NC54 is not clearly defined by the Department of Transportation. After a brief discussion, it was decided that a public hearing on the proposal to do a feasibility study would be held with the other Governing Boards and OWASA on January 22. Transportation officials will be requested to explain what they intend to do in this project. F. MATERNAL CARE COORDINATION Health Director Dan Reimer reported that the legislature has allocated $500, 000 for FY 90-91 to create additional Maternal Care Coordination positions. These funds will be allocated to those health departments which apply on the basis of a demonstrated, unmet need. Motion was made by Commissioner Gordon, seconded by Chairman Carey to endorse the Orange County Health Department's application for the Maternal Care Coordinator funds, approve the addition of a Maternal Care Coordination position with continuation of the position contingent upon Medicaid revenue sufficient to cover the cost of the position; and authorize the signature of the Agency Director and the. Agency Finance Officer on the statement of assurance which must accompany the application of funds. VOTE: UNANIMOUS Chairman Carey asked that a report showing the Medicaid billings for those served by this new position be prepared and provided 304 to the Board. Dan Reimer will also provide a report on the funds beir generated by the Childcare Coordination Program. XI. APPOINTMENTS The following appointments were unanimously approved by the Board of Commissioners: DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Ann Jenkins-Agar EMS ADVISORY COUNCIL - Shirley E. Marshall HUMAN RELATIONS COMMISSION - Peter Fore NATIONAL ORGANIZATION ON DISABILITY - Mrs. Martha Barbee NOTE: The appointments to the Cable TV Citizens Advisory Committee were postponed to allow additional time to receive applications. XII. MINUTES Motion was made by Commissioner Halkiotis, seconded by Chairman Carey to approve the minutes for December 3, 1990 as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Insko, seconded by Commissioner. Halkiotis to go into Executive Session to discuss possible litigation. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to go into Regular Session to adjourn the meeting. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to discuss, Chair Carey adjourned the meeting. The next regular meeting will be held on Monday, January 7, 1991 in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk