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HomeMy WebLinkAboutMinutes - 19930308 APPROVED 513193 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 8, 1993 The Orange County Board of Commissioners met in Regular Session on March 8, 1993 at 7:30 p.m. at the Old White Cross School, Bingham Township, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Vice-Chair Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY COMMISSIONER ABSENT: Chair Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Deputy Clerk to the Board Kathy Baker, Public Works Assistant Director Mary Barbour, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Budget and Management Analyst Donna Dean, Budget Director Sally Kost, Public Works Director Wilbert McAdoo, Recreation and Parks Director MaryAnne Moore, Sheriff Lindy Pendergrass, Health Director Dan Reimer, Planner David Stancil, EMS Director of Administration Jeanette Smith, EMS Director Nick Waters, and Solid Waste Coordinator Beth Wickham NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA - NONE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Vice-Chair Stephen Halkiotis indicated that those citizens who have indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Patrick Mulkey welcomed the Board and everyone to Bingham Township. He commended the Board for taking the initiative to take their meetings to the different townships. He recognized the other members of the Township Advisory Council (TAC) who were in attendance. PUBLIC CHARGE Vice-Chair Halkiotis dispensed with the reading of the public charge. III. ITEMS FOR DECISION--CONSENT AGENDA Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve those items on the Consent Agenda as stated below: A. ESTABLISH PUBLIC HEARING DATE FOR 1993-98 CIP The Board set the public hearing on the CIP for March 23, 1993 at 7: 30 p.m. at the OWASA Meeting Room in Carrboro, North Carolina. B. AUTHORIZATION OF THE RSVP RENEWAL APPLICATION AND AGREEMENT The Board approved the RSVP final application and agreement and authorized the Chair to sign the application and Notice of Grant Award in accordance with the resolution as stated below: A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissioners of Orange County that the Commissioners authorize the County Manager to submit an application to ACTION for a $37,515 grant for continuation of the Retired Senior Volunteer program for twelve months and to certify to the federal government the willingness of the County to assure a minimum of 30% in cash, goods, and services as the non-federal share in support of the program. C. ESTABLISHMENT OF A MULTI-JURISDICTIONAL NEW HOPE ADVISORY GROUP This item was considered at the end of the Consent Agenda. D. BUDGET ORDINANCE AMENDMENT #8 The Board approved the budget ordinance amendments as stated below: GENERAL FUND Source - Intergovernmental $ 95, 000 Appropriation - Human Services 95,000 (To appropriate AFDC Employed Parent Day Care funds) Source - Miscellaneous $ (2,500) Appropriation - Community Planning 2,500 (To budget for Midway Development Commission contract) Source - Miscellaneous $ 1,483 Appropriation - Community Planning 1,483 (To budget for receipt of private donations for Economic Development) E. HANCOR SEWER EXPANSION THREE-PARTY ENCROACHMENT AGREEMENT The Board approved and authorized the Chair to sign and execute the three-party encroachment agreement among NCDOT, Hancor and Orange County as required to allow Hancor to have constructed, within the US Highway 70 right- of-way, the sanitary sewer force main between its plant and the Efland sewer system. F. INJURY PREVENTION GRANT APPLICATION The Board gave authorization for the Health Department to collaborate with the Dispute Settlement Center on the submission of a grant proposal for injury prevention funds to continue and expand upon a conflict resolution-pear mediation program at Phillips Middle School. G. PETITION FOR ADDITION - GWENN ROAD IN HILLSBOROUGH TOWNSHIP The Board approved the addition of Gwenn Road in Hillsborough Township to the State-maintained Secondary Road System. H. PETITION FOR ADDITION - NORTH HAWICK COURT, SOUTH HAWICK COURT AND CLAYMORE ROAD IN CHAPEL HILL TOWNSHIP The Board approved the addition of North Hawick Court, South Hawick Court and Claymore Road in Chapel Hill Township to the State-maintained Secondary Road System. I. PLEASANT GREEN WOODS - PRELIMINARY PLAN The Board approved the proposed Preliminary Plan for Pleasant Green Woods with conditions as contained in the Resolution of Approval attached to these minutes on pages J. VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - PETER H. AND MARTHA S. KLOPFER The Board approved the designation of the Peter H. and Martha S. Klopfer property as a voluntary agricultural district and authorized the Chair to sign the Agricultural Conservation Agreement. K. VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - JOHN FRANK AND DOROTHY S. MORRIS The Board approved the designation of the John Frank and Dorothy S. Morris property as a voluntary agricultural district and authorized the Chair to sign the Agricultural Conservation Agreement. L. VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - CLAUDE L. HUGHES, JR. The Board approved the designation of the Claude L. Hughes, Jr. property as a voluntary agricultural district and authorized the Chair to sign the Agricultural Conservation Agreement. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA C. ESTABLISHMENT OF A MULTI-JURISDICTIONAL NEW HOPE ADVISORY GROUP Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the establishment of the New Hope Advisory Group and guidelines for its establishment as presented in the agenda abstract. VOTE: UNANIMOUS IV. RESOLUTIONSfPROCLAMATIONS A. APPRECIATION RESOLUTION FOR DR. THOMAS R. GRIGGS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the Resolution of Appreciation for Dr. Thomas R. Griggs as stated below: RESOLUTION OF APPRECIATION FOR THOMAS R. GRIGGS, M.D. WHEREAS, Thomas R. Griggs has served as the Medical Director for the Basic and Advanced Life Support Program of Orange County since 1971; and WHEREAS, Thomas R. Griggs has provided the guidance and expertise for the development and provision of advanced life support through the Emergency Medical Services; and WHEREAS, he has voluntarily given of his skills and knowledge for the benefit of all the citizens of Orange County by assuring the availability of mandatory medical direction; and WHEREAS, he has made many personal sacrifices including nights and weekends to assist with emergencies; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners do hereby thank Thomas Griggs, upon his retirement as Medical Director, for the service he has performed on behalf of the citizens of Orange County. VOTE: UNANIMOUS B. APPRECIATION RESOLUTION FOR LUCY T. FORT Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the Resolution of Appreciation for Lucy T. Fort as stated below: RESOLUTION OF APPRECIATION FOR LUCY TAYLOR FORT, R.N. WHEREAS, Lucy Fort has served as the Nurse Preceptor/Coordinator for the Advanced Life Support Program of Orange County since 1974; and WHEREAS, Lucy Fort has provided learning opportunities for the Paramedics through her leadership as the training coordinator for the Emergency Medical Services; and WHEREAS, she has given of her skills and knowledge to benefit all the citizens of Orange County by assuring the availability of highly trained technicians for assistance in emergencies; and WHEREAS, she has made many personal sacrifices including nights and weekends to assist with emergencies; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners do hereby thank Lucy Fort, upon her retirement, for the service she has performed on behalf of the citizens of Orange County. VOTE: UNANIMOUS C. PROCLAMATION OF WOMEN'S HISTORY MONTH Linda Carver, Chair of the Commission for Women talked about the displays they have at the libraries highlighting Women's History Month. Motion was made by Commissioner Gordon, seconded by Commissioner Insko to roclaim Women's History Month as stated below: P Y WOMEN'S HISTORY MONTH WHEREAS, American women of every race, class and ethnic background have made historic contributions to the growth and strength of our Nation; WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation; WHEREAS, American women served as early leaders in the forefront of every major progressive social change movement; WHEREAS, these contributions have been historically overlooked and undervalued in the literature, teaching and study of American history; and WHEREAS, women in Orange County have made and continue to make significant historical contributions to our community, state, and nation. NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim the month of March, 1993, as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. VOTE: UNANIMOUS D. A RESOLUTION TO LIMIT YOUTH ACCESS TO TOBACCO IN NORTH CAROLINA Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the Resolution to Limit Youth Access to Tobacco in North Carolina as stated below: RESOLUTION YOUTH ACCESS TO TOBACCO IN NORTH CAROLINA WHEREAS, tobacco use is the number one preventable cause of death; and WHEREAS, over one million teenagers start smoking each year, and minors buy about one billion packs of cigarettes each year; and WHEREAS, most smokers start at about age 13-14 and 90% start smoking before the age of 20; and WHEREAS, the earlier a young person starts to use tobacco, the less likely it is that he/she will be able to quit later (JAMA) and subsequently will die of a tobacco induced disease; and WHEREAS, in locations where tobacco sales to underage persons have been curtailed, the prevalence of smoking by teenagers has decreased, particularly among the youngest age groups; and WHEREAS, the Alcohol, Drug Abuse and Mental Health Administration (ADAMHA) Reorganization Act Synar Amendment mandates adoption and enforcement of laws prohibiting sale or distribution of tobacco products to those younger than 18 years of age by October 1, 1993; and WHEREAS, North Carolina may lose significant federal funding for mental health drug and alcohol abuse if it does not show that they are enforcing their minimum age law "in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18"; and WHEREAS, a District Court judge found a store clerk innocent of selling cigarettes to a 14 year old on April 24, 1992 in Wilmington, North Carolina. THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners requests the North Carolina General Assembly to change North Carolina Law to effectively prohibit the sale of tobacco products to persons under 18. BE IT ALSO RESOLVED, that the word "knowingly" be removed from the present state law concerning selling cigarettes to minors. BE IT ALSO RESOLVED, that language be included in the law which states: "No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser's age as 18 years or greater unless the seller has some other conclusive basis for determining the buyer's age. " VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS - NONE VII. REPORTS A. REPORTS TO THE COMMUNITY Planning Director Marvin Collins gave specific information on the Comprehensive Plan Element for Bingham Township. He noted that the Bingham TAC is the most active in the County. There are 5200 residents in Bingham Township. It is the fifth largest township and second largest in growth rate. He noted that there are a lot of residents who live in the vicinity of the two proposed Economic Development Districts. The planning staff will be recommending that they focus on the two existing commercial nodes and allow expansion at those two nodes. There will be a series of township meetings on watershed protection standards. As soon as the draft Rural Character strategies are ready, the TAC will be given an opportunity for comments. Budget Director Sally Kost gave a brief overview of the County revenues and expenditures and shared some of the challenges for the future. Public Works Director Wilbert McAdoo presented information on the landfill search process, solid waste programs and the proposed collection centers and what services they will provide. Sheriff Lindy Pendergrass stated that his department has responded to 1925 calls and complaints including 54 domestic calls. Most of the complaints were service calls for assistance. There were no rapes, one arson, one murder and no armed robberies. Bingham Township is 99 square miles and he has two patrol cars working in Bingham at all times. The Sheriff's annual budget is three million and revenues for this year will be $632, 000. B. COMMUNITY CONCERNS Patrick Mulkey commended Planner David Stancil for his leadership in organizing the TAC. Tom Whisnant thanked the Board of County Commissioners for holding their meeting in Bingham Township. He expressed a concern about the people who have died on NC 54 stating that drivers need to slow down. He asked if they could have the presence of the highway patrol more often. Other concerns were expressed about the intersection of Dodsons Crossroads and Dairyland Road. The Board decided that they will send a letter to NCDOT with these concerns requesting that corrective action be taken. C. 1993-98 MANAGER'S RECOMMENDED CIP John Link gave an update on the existing capital plan. He cited the major accomplishments during the past year and highlighted the major changes in the plan compared to previous years. He also presented an alternate plan if the pool is not approved. In the CIP, they are proposing a reserve fund to begin plans to pay for the needs expressed by both school systems for elementary schools. He has been working with the school superintendents on a plan that would provide that there be a freeze on pay-as-you-go funds at the current level during the next two years to build a reserve that can be used to mitigate the tax impact should the Board choose to build new elementary schools. There are some outstanding issues that will need to be addressed before any final decision is made on how to address these needs. There are four areas that need to be resolved: (1) determining the comparable school capacity for both school systems, (2) pursuing capacity standards for the two systems, (3) establishing school construction and square footage standards, and (4) examining year-round schools. He asked that the Commissioners consider developing a fund that would address water and sewer extensions going to commercial areas with an initial expenditure of $225,000 to fund improvements to the system on the Orange/Alamance line. He also asked the Board to consider establishing a revolving fund that will help continue this effort for years to come. Commissioners Halkiotis and Willhoit feel that the County needs to talk with the Town of Hillsborough about the recreation, parks and library services the County provides. With regard to the hockey/swimming pool proposal, MaryAnne Moore stated that the facility will occupy 12-16 acres of the Meadowlands. Commissioner Insko made reference to the 30% of sales tax that is used for County projects and asked if that amount could be reduced for non-school funds and increased for school funds. John Link indicated that this is the Board's decision taking into account the impact on county projects. Commissioner Willhoit noted that the County is already an over-achiever on the percentage committed to the schools from the sales tax. The County allocates 80% of the Article 40 monies, which is no longer required, and 60% of the Article 42 funds which is required. A bill has been introduced to extend Article 40 at 30% for the schools. Commissioner Willhoit expressed a concern about providing court and jail facilities for the next ten years and asked that caution be exercised before the amount of sales tax is changed to be sure that total County needs are included. Commissioner Gordon asked for ten year CIP projections for court and jail facilities, and schools. John Link stated that the third floor of the new courthouse is being renovated into a courtroom and they are pursuing the expansion of the jail now. These two efforts should meet the needs for the next five to six years. Commissioner Gordon stated she has concerns about putting four million into a swimming pool that the County would not own. She asked the status of the Rural Education Center. John Link indicated that the committee had a real productive meeting and are hopeful that the project will go forward. The report was received for information only. D. COMMISSIONERS' 1993 LEGISLATIVE GOALS County Attorney Geoffrey Gledhill stated that there will be amendments to the local act for the Civil Rights Ordinance which will be geared to provide remedy sections and other things that are necessary in order to accommodate the desire of the County to obtain substantial equivalency in the areas of housing and employment. The County Commissioners discussed the impact fee which the County has the authority to levy although there is not a system in place for implementation. Commissioner Willhoit asked that this be discussed again. He emphasized that he is not willing to talk about another bond for the schools until year-round schools are explored as well as other ways for better utilization of school buildings. Commissioner Gordon asked for a chart showing what the new schools would cost and what it would cost to pay for them using zero impact fee and specific impact fee amounts and then comparing these amounts with the property tax increase that would be required in each case. Commissioner Halkiotis asked what would be saved if both schools used the same design. Commissioner Insko asked for a per square footage comparison with neighboring counties. She stressed that the affordable housing issue needs to be considered separate from other issues. VIII. ITEMS FOR DECISION--REGULAR AGENDA - NONE IB. BOARD COMMENTS - NONE X. COUNTY MANAGER'S REPORT - NONE 8I. APPOINTMENTS - NONE %II. MINUTES The minutes for December 12, 1992 were postponed to the next meeting. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the minutes for the February 16, 1993 meeting as presented. VOTE: UNANIMOUS BIII.EXECUTIVE SESSION - NONE BIV. ADJOURNMENT With no further items to consider, Vice-Chair Stephen Halkiotis adjourned the meeting. The next regular meeting will be held on March 23, 1993 at 7:30 p.m. in the OWASA Meeting Room in Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk