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HomeMy WebLinkAboutMinutes - 19911202 .. T APPROVED 12/17/91 ORANGE COUNTY BOARD OF COMMISSIONERS DECEMBER 2 , 1991 REGULAR MEETING MINUTES The Orange County Board of Commissioners met in regular session Monday, December 2 1991 at 7 : g n on 30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD OF COMMISSIONERS PRESENT: Chairman Moses Care Jr. Commissioners Stephen Halkiotis, Verla I • y! Hers Insko, Don Willhoit and Alice Gordon. ATTORNEY PRESENT: Geoff Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Mann Deputy y ers Rod Visser and Albert Kittrell, g ► p y Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Personnel Director Elaine Holmes, Budget Director Sally Kost, and Major Don Truelove. A. BOARD ORGANIZATION 1. ELECTION OF CHAIR AND VICE-CHAIR The Board elected Moses Carey, Jr. as Chair until the first meeting in December, 1992 . The vote was unanimous. The Board elected Stephen H. Halkiotis as Vice-Chair until the first meeting in December, 1992 . The vote was unanimous . 2 . DESIGNATION OF VOTING DELEGATE FOR ALL NCACC AND NACo MEETINGS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to designate Commissioner Willhoit as the voting delegate for the next NCACC or NACo meeting and that the designation of the voting delegate be considered for each meeting where one is required. VOTE: UNANIMOUS. B. APPOINTMENTS 1. COUNTY MANAGER Motion was made by Commissioner Gordon, seconded b y Commissioner Willhoit to appoint John M. Link, Jr. , as County Manager. VOTE: UNANIMOUS 2 . CLERK TO THE BOARD Motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint Beverly A. Blythe as Clerk to the Board. VOTE: UNANIMOUS 3 . COUNTY ATTORNEY Motion was made by Commissioner Willhoit seconded by Commissioner Gordon to continue the County' s association with the firm of Coleman, Gledhill and Hargrove for services as the County Attorney. VOTE: UNANIMOUS 4 . BOARD MEMBER APPOINTMENTS The list as presented was corrected. There were no changes in Commissioner appointees to County Boards and Commissions. it ADDITIONS OR CHANGES TO THE AGENDA - NONE s i 11. AUDIENCE COMMENTS - NONE PUBLIC CHARGE Chair Moses Carey, Jr. read the ubl ' p zc charge. III• ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the y, stoner Consent Agenda as listed below: A. INDIRECT COST PLAN CONTRACT The Board approved a contract with David M. Griffith & Associates for the preparation of the County' s Indirect cost of $8 , 500 . Y t Cost Plan at a B. SCRAP TIRE DISPOSAL FEE The Board approved a change in the scrap tire disposal fee from $1 . 00 $100 per tire or per ton to no charge, 1992 . g , effective January 1, C. EXAMINATION OF BONDS The Board approved the bonds for those officers named in G. S. 109-5 as listed below: Sheriff $ 25, 000 ' Register of Deeds $ 25 , 000 Finance Director $ 30, 000 Tax Collector $250 , 000 All County Employees $250, 000 (for faithful performance) D. CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND THE UNC-CH SCHOOL OF MEDICINE, DEPARTMENT OF PEDIATRICS The Board approved an extension of the contract with the UNC-CH School of Medicine, Department of Pediatrics from January 1, 1992 through June 30 , 1992 to provide medical coverage for the Child Health Clinics. VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to adopt a resolution as stated below authorizing the submission of a consolidated Comprehensive Housing Affordability Strategy for Orange County to the U. S. Department of Housing and Urban Development. RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY BE IT RESOLVED, by the Orange County Board of Commissioners, that the Commissioners authorize the County Manager to submit the Consolidated Comprehensive Housing Affordability Strategy to the U. S . Department of Housing and Urban Development, including all understandings, assurances ■ and certifications required therein. BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of the County to act in connection with the submission of the Comprehensive Housing Affordability Strategy and to s • provide such additional information as may be required y g red by the U. S. Department of Housing and Urban Development. VOTE: UNANIMOUS VI. PUBLIC HEARINGS A. RENCHER STREET CDBG PROGRAM Housing and Community Development Director Tara Fikes explained that prior to official closeout of P the Rencher Street Community Development Block Grant a public hearing must be held to receive citizen comments with regard to the performance of the County in administering the grant program. All project activities y g p g p sect activities in the Rencher Street Community Development Program have been completed. The Public Hearing was open for citizen comments . Allan Slone spoke in appreciation of what was done in the Rencher Street area. Ervin Thompson spoke in appreciation of the staff working with Development. They enjoy the community on the Rencher Street g y what has happened and thanked everyone who had anything to do with the work that was done. The Public Hearing was closed. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to authorize execution by the Chair of the Certificate of Completion and Public Hearing Certification, which will contain minutes of the public hearing held tonight. VOTE: UNANIMOUS VII. REPORTS A. FINAL REPORT OF THE HIGH SCHOOL STUDY COMMITTEE Last June the Board appointed a committee to study the high school issue. The committee examined the options available to expand high school space in the County. They determined that a new facility is needed in the Southern end of the County because of an expected 800 additional students in the Chapel Hill/Carrboro community before 1998 . The Chapel Hill/Carrboro system is in the process of selecting a new site for a high school . Commissioner Insko stated that the committee did not consider any optional government structures . The committee agreed that high school space would be needed in the Southern end of the County. They did not talk about a shared space arrangement. They did discuss that there may be a need to share the facility in the future and the Chapel Hill/Carrboro staff indicated that the high school would be located where, if necessary, the facility could be shared. Commissioner Halkiotis noted that the statistics may change at any time. He referred to the population chart and noted that everyone agreed that there is not a need for a high school in the northern end of the county. He is sorry that they did not address #4 of the charge. Commissioners Halkiotis and Insko agreed that these discussions should continue. Commissioner Willhoit stressed that the discussion be in the context of overall school planning. He feels the location of the new high school is critical . It should be strategically located to conveniently serve all high school students and optimize transportation. Commissioner Halkiotis made reference to a study which showed that the student population would stabilize. It was decided that the optional government structure should be further studied. B. SCHOOL CAPITAL NEEDS ADVISORY COMMITTEE John Link stated that this committee was appointed by the Board of County Commissioners last summer y r to study the requests made by the two school systems for capital improvements. This committee met eight times. They listed the projects they felt were critical for both school systems. The committee is asking that the Board approve a bond e o f 5 0-7 pp nd order in the range 50-70 million. If the higher amount is approved, the committee recommends that a new high school be included for Chapel Hill/Carrboro. If a lower bond order p is approved, the Committee recommends that some money be available for additions to Chapel Hill High School. g Commissioner Gordon noted that the committee did not resolve the cost for new schools. The average cost is stated in the report. The decision on what the Board wants to carry to public hearing needs to be decided tonight. Commissioner Gordon g don noted that the ratio of money going to each school system is 2 : 1 in favor of the Chapel Hill- Carrboro system. Chair Carey stated that the committee members focused on quality education and this bond package will not take care of all the future needs of the two school systems . Commissioner Gordon stated that the group did agree that the individual items would depend upon the amount of the bond package. In many cases there was a consensus that the cost must be reduced. Commissioner Halkiotis asked about some of the costs as listed in the report. He commented about New Hope School and stated that the County cannot afford many of these structures. He feels these figures are not realistic and that the County cannot afford such costs . Commissioner Halkiotis suggested using the same construction p lans for like schools . He expressed concern about what the County can reasonably afford and what the people will support. Commissioner Willhoit inquired about the state's recommendation for square footage per pupil and what the ' state projects as the square foot cost and that these be compared to average costs. Commissioner Halkiotis noted that DPI came out with square footage that was unrealistic. He asked for information about the new high school that is proposed for 25 million. John Link will provide the Board with the information they have requested including school cost in Durham County. Chair Carey asked that the Board consider the high side of the range for the public hearing. Commissioner Willhoit stated his doubts about putting together a bond referendum for a May vote. In looking at enrollment projections, he asked if the growth in Chapel Hill is increasing because of infill or new growth. An increase in enrollment of 2700 produces an impact of 3 . 5 million on current expense which would take a tax increase of 10 cents . He feels the merger issue must be addressed whether we plan for a forced merger or a voluntary merger. The ratio issue must also be considered in the overall budget planning process along with equalization of funding. There are a lot of questions that need to be answered in the next few months. Commissioner Willhoit noted that impact fees need to be in place as soon as possible. Chair Carey feels the County needs to be prepared to deal with increased enrollment and that there is a better chance of getting a bond issue passed in November instead of May. After extended discussion on what to take to public hearing, motion was made by Commissioner Gordon, seconded by Commissioner Insko that the Board take to public hearing on December 11 a list of priority projects to include a new middle school for the Orange County District and a new elementary, middle and high school for the Chapel Hill/Carrboro District • • t i ! (package one of the 70 million dollar package less the .technolo ies g ) VOTE: UNANIMOUS On the subject of taking a sample poll, John Link stated that the number of people polled would be 100 . He will report back at the next meeting about the process and timing of doing a poll . The Board discussed when to do the survey and could not agree on whether to do it before the educational process or after. The Board decided to deal with #3 and #4 after the public hearing. C. BOND REFERENDUM TIMETABLE John Link noted that if a bond referendum is approved in May, the impact on the tax rate would occur in 1993 . If it were approved in November it would have an impact on the tax rate for 1993--94 . Commissioner Halkiotis asked about the attorney' s cost for the referendum process and was told it would cost approximately $10, 000 . He asked that the County look into getting a bond attorney from North Carolina instead of New York. D. AFFORDABLE HOUSING FINANCING OPTIONS Housing and Community Development Director Tara Fikes presented a report which identified possible housing financing options/methods to further the creation of affordable housing in the County. This list of options was presented as information to the Board for future reference and consideration. VIII . ITEMS FOR DECISION -• REGULAR AGENDA A. ORDINANCE REGULATING HUNTING AND FISHING This item was presented by John Link. He recapped that in the 1991 Session of the North Carolina General Assembly, Orange County gained enabling g legislation which permits the County to adopt an ordinance regulating certain aspects of hunting and fishing. In the last few months, County staff has worked with a task force of citizens to review a recommended ordinance and to discuss how best to implement the ordinance in Orange County. They not only worked on an ordinance but also worked on an education campaign so that citizens will understand the context. The ordinance spells out the responsibility of the hunter and the landowner. Geoff Gledhill outlined the main points in the ordinance. This ordinance applies to land which is posted by the owner. The posting requirements are the same as those used by the state in the state' s land posting regulations . It is a violation of this ordinance for an individual to hunt or fish without written permiss ion in their possession. on. It is a violation of this ordinance to mutilate a sign which has been posted. Hunting clubs must have written permission if the members are on posted land. Commissioner Halkiotis spoke in support of this ordinance. He thanked Mr. Bill Lester and the Wildlife Commission for their help. The Sheriff' s Department will have the responsibility of enforcing this ordinance. He noted that the Recreation & Parks Department has done a wonderful job in providing a hunting safety course. John Link explained that the educational effort will include distributing flyers to get the word out about the new ordinance. Also, the County is going to offer camera ready signs for the printers who produce the signs. The Sheriff i has already informed his staff about this ordinance. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to adopt the ordinance regulating hunting and fishing as stated below to become effective immediately upon adoption. ORDINANCE REGULATING HUNTING AND FISHING ON PRIVATE LANDS OR WATERS WITHOUT WRITTEN PERMISSION OF OWNER WHEREAS, the County of Orange is authorized to adopt an ordinance regulating the hunting and fishing on private lands pursuant to Chapter 246 of the 1991 Session Laws of North Carolina; and WHEREAS, a problem has developed within the County of Orange of individuals hunting and fishing on lands of others without the p ermission of and against the wishes of the owners or lessees of the property. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE ORDAINS: 1 . It shall be and is hereby made unlawful to enter upon posted private lands or waters of another to hunt or fish or with the intent to hunt or fish without the written permission of the owner or lessee of said land or water. For purposes of this Ordinance, the right of way of all North Carolina secondary roads and all private roads shall be considered the private property of the property owners adjoining the secondary road or the private road. Unless it otherwise appears by clear markings on the roadway, the center of the roadway shall be considered the property line of property owners adjoining the secondary road or private road. 2 . For purposes of this Ordinance, lands or waters which are posted are those which are posted in accordance with G. S . 14-159 . 7 . Notices, signs, or posters shall measure not less than 120 square inches and shall be conspicuously posted on private land not more than 200 yards apart, close to and along the boundaries . At least one such notice, sign, or poster shall be posted on each side of such land and one at each corner thereof provided that said corner can be reasonably ascertained. Posting of private land located within the right of way of secondary roads and private roads shall be deemed adequate if the signs posted are located along the right of way of a property owner whose property adjoins a secondary road or private road. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake or pond, it shall only be necessary that the signs, notices or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart. 3 . No person shall mutilate, destroy or take down any "posted, " "no hunting, " "no fishing" or similar notice, sign or poster on the lands or waters. No person shall post such sign or poster on the lands or waters of another without the consent of the owner. 4 . The document granting written permission required by paragraph "1" of this Ordinance shall state the date the permission is granted, the person granted permission and the owner or lessee of the land. It shall be signed by the property owner or lessee granting permission. The permission shall be valid for the period of time stated in the document or if no time period is stated, for a period of one year from the date permission is granted. 5 . The document granting written permission is required to be carried on the permitted person at all times when the person is on the property of another to hunt or fish or with the intent to hunt or fish. ■ f f 6 . If permission is granted to a hunt club to hunt, each member of the hunt club, upon entering the property for which permission has been granted to the hunt club to p • hunt or with the intent to hunt, shall have in his or her possession a certification from the hunt club identifying identifying him or her to be a current member of the hunt club. The hunt club shall maintain, at its principal business office or in the home of its r p esident or secretary, the written permission of the property owner ermittin members of that club to hunt on the p n property. That written permission shall be available for inspection by the Sheriff of Orange County Y or any one of his deputies and by law enforcement officers of the North Carolina wildlife Resources Commission. 7 . Violation of this Ordinance is a misdemeanor and shall be punishable by a fine of fifty dollars or imprisonment not to exceed thirty days. This Ordinance shall be in full force and effect on and after its adoption. VOTE: UNANIMOUS Colonel William Breeze commended the Sheriff' s Dept. for their part in developing an enforcement plan for this ordinance. Commissioner Insko noted that this was an issue in which people were voluble but that by working through a process to a solution involving the citizens, the outcome is a fine ordinance. Commissioner Halkiotis noted that the County is fortunate to have people who can look at an issue and consider it objectively. B. FEE FOR CONVERTIBLE TODDLER/INFANT SAFETY SEATS The Board was requested to approve the fee for selling the convertible toddler/infant safety seats offered through the "Buckle Up Baby" program. A survey revealed that 62% of the clients felt that a resonable cost for a toddler seat was between $30 - $39 . The staff recommended, and the Board of Health approved, a fee of $35 . 00 for the convertible toddler/infant safety seat. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to set the fee at $39 . 25 to be lowered if local service agencies provide funds to enable lowering the price. VOTE: UNANIMOUS IX. BOARD COMMENTS - NONE X. COUNTY MANAGER'S REPORT - NONE XI . AVPOINTMENTS Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the appointment of Kathryn Keith to the Arts Commission for a term ending February, 1994 and Harold Murdock of the Advisory Board on Aging as their representative on the Human Services Advisory Commission. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the regular meeting held on November M Y t s i 19 , 1991. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE ADJOURNMENT With no further business to come before the Board, the meeting regular meeting was adjourned. The next re g g of the Board will be held on Tuesday, December 17 at 7 : 30 p.m. in the Community oom of the OWASA Operation Center, barn, North Carolina. y . Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk