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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 20, 1993
The Orange County Board of Commissioners met in regular session on
Tuesday, April 20, 1993 at 7:30 p.m. in the OWASA Community Room, Carrboro,
North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , Vice-Chair
Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and Don
Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant
County Managers Albert Kittrell and Rod Visser, Assistant Public Works
Director Mary Barbour, Clerk to the Board Beverly A. Blythe, Planner Emily
Cameron, Human Resource Analyst II Yelena Chandra, Finance Director Ken
Chavious, Planning Director Marvin Collins, Budget and Management Analyst
Donna Dean, Housing and Community Development Director Tara Fikes, Human
Resources Director Elaine Holmes, Budget Director Sally Kost, Public Works
Director Wilbert McAdoo, Health Director Dan Reimer, Management Analyst
Sharron Siler, Director of Library Services Brenda Stephens, EMS Director Nick
Waters and Solid Waste Coordinator Beth Wickham.
NOTE: All items referred to in these minutes are included in the Permanent
Agenda File in the Clerk's Office.
I. ADDITIONS OR CHANGES TO THE AGENDA
One appointment was added for the EMS Advisory Council. The OWASA
report was deleted and item 8-A will be considered after item 6-A.
COUNTY GOVERNMENT WEEK
Chair Carey noted that it was County Government Week and told about
some of the activities planned for this week. Sharron Siler showed a 30-
second public service announcement that will be used by radio, TV and cable
this week.
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey announced that those citizens who have indicated a
desire to speak on a particular agenda item will be recognized at the
appropriate time.
B. MATTERS NOT ON THE PRINTED AGENDA
Several members of the "Friends of the Carrboro Library" spoke in
support of a branch library in Carrboro. Barbara Dewey, president of the
Friends group, feels that all people need access to public libraries and that
public libraries are a key element in providing opportunities for cultural
activities. It would cost $70, 000 to put a branch in Carrboro. The proposal
and various user and financial statistics was included in a packet of
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information the County Commissioners recently received.
In answer to a question from Chair Carey, Ms. Dewey stated that
they will talk to Carrboro on May 4 about Carrboro's contribution to this
library.
Commissioner Insko stated that a task force has been formed to
study this proposal and a recommendation will be made to the Regional Library
Board.
Commissioner Willhoit stated that this branch would need to have a
unified Board of Trustees with the goal of making library services available
to all citizens.
John Link stated that he plans to address how Orange County can
incorporate this into the budget. This would be a county branch and they
would need to look at how the resources can be allocated.
PUBLIC CHARGE
Chair Carey 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. 1993-94 CONTRACT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE
N.C. DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES
The Board approved and authorized the Chair to sign the 1993-94
Contract which stipulates the State grant support in the amount of $432, 777.
This will be used by the Health Department to deliver specified, mandated
services.
B. WHITE CROSS VFD FUND BALANCE REQUEST
The Board approved an appropriation of $11, 170 of fund balance to
be used for the purchase of turnout gear, battery chargers and an air
compressor.
C. HYCONEECHEE REGIONAL LIBRARY CONTRACT
The Board approved and authorized the Chair to sign a contractual
agreement with the Hyconeechee Regional Library for administration of library
services by the three participating counties.
D. ST. THOMAS WOODS PRELIMINARY PLAN REVISION
The Board approved the Preliminary Plan revision for St. Thomas
Woods to allow a secondary drive to be used for a limited purpose on Lot 3 in
accordance with the Resolution of Approval.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
IV. RESOLUTIONS/PROCLAMATIONS
A. INTRODUCTION OF BOND ORDERS - 1988 REFUNDING BONDS
Chair Carey introduced the Order authorizing $20,800, 000 refunding
bonds and the bond order authorizing $8,200,000 refunding bonds.
Motion was made by Commissioner Gordon, seconded by Commissioner
Willhoit to instruct the Clerk to publish the Bond Order and public hearing
notice by April 22, 1993.
VOTE: UNANIMOUS
NOTE: After the vote, Ken Chavious walked over to the Clerk and signed the
sworn statement of debt.
B. DRINKING WATER WEEK
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to proclaim May 3 through May 9 as Drinking Water Week and to
authorize the Chair to sign the proclamation as stated below:
P R O C L A M A T I O N
WHEREAS, water is one of the few basic and essential needs of humankind; and
WHEREAS, our health, comfort and standard of living depend upon an abundant
supply of safe water; and
WHEREAS, the Orange Water and Sewer Authority serving Orange County, North
carolina' has insured that facilities and systems provide our
citizens with a safe, dependable quality and quantity of water both
now and in the future; and
WHEREAS, dedicated men and women have made significant contributions in
developing, operating and maintaining these systems;
NOW, THEREFORE, I, Moses Carey, Jr. , Esquire, by virtue of the authority
vested in me as Chair of the Orange County Board of Commissioners,
do hereby proclaim the third through ninth of May, nineteen hundred
and ninety-three as
DRINKING WATER WEEK
in Orange County and urge all citizens to recognize the
contributions and service of Orange Water and Sewer Authority Board
Members and staff to our community.
VOTE: UNANIMOUS
V. SPECIAL PRESENTATIONS - NONE
VI. PIIBLIC HEARINGS
A. ORDER CLOSING RIGHT-OF-WAY AT THE END OF WISTERIA DRIVE
Planner Emily Cameron explained that the closing of Wisteria Drive
is related to the Preliminary Plan application for the Whitfield's Glen
Subdivision. Once the right-of-way is closed, the property will be used to
provide access to one of the proposed lots in Whitfield's Glen.
Commissioner Gordon noted that there seems to be a lot of cul-de-
sacs created and questioned if there could be a pedestrian walkway from one
development to another. The Board discussed this idea at length. It was
decided that the staff will look at the feasibility of pedestrian trails
between subdivisions that also could be used for emergency vehicles and bring
back a report to the Board which may or may not be added as a goal.
NO PUBLIC COMMENTS WERE RECEIVED.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to close the public hearing.
VOTE: UNANIMOUS
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit to adopt and authorize the Chair to sign the order closing the right-
of-way at the end of Wisteria Drive.
VOTE: UNANIMOUS
B. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Tara Fikes stated that the North Carolina Department of Commerce
announced the availability of Community Development Block Grant funds for
community revitalization projects.
No public comments were received. Ms. Fikes will develop an
application and bring it back for Board approval on May 18, 1993.
C. UPDATED EMERGENCY SERVICE FRANCHISE ORDINANCE
This item was presented to receive public comments on an updated
ordinance regulating emergency medical, first responder, and rescue service
and granting of franchises in Orange County. In accordance with NCGS 153A-
250(a) , the Board may adopt the ordinance after the public hearing if it finds
it necessary to do so to assure the provision of adequate and continuing
ambulance service, first responder service, and rescue service which
preserves, protects, and promotes the public health, safety, and welfare.
Commissioner Gordon questioned putting a dollar amount in the
ordinance for liability insurance since this may increase from year to year.
Geoffrey Gledhill recommended adding on page 12 of the ordinance a new section
(c) which states "Insurance coverage minimum limits required in subsection (a)
and (b) shall be evaluated annually by the Orange County office of Emergency
Management in consultation with the Orange County Director of Central Services
and revised as deemed appropriate and as directed by the Orange County office
of Emergency Management. In directing a change in insurance coverage, the
Orange County office of Emergency Management shall consider the risk needs
protected by this insurance coverage and the availability in the market place
of the coverage amounts to be required" .
Commissioner Halkiotis questioned if the EMS Advisory Council was
still discussing fees for services. Commissioner Insko indicated that there
is a Resource subcommittee which will help identify the resources to support
this system. Rod Visser noted that this concept will be discussed next
Wednesday at their EMS Advisory meeting and it will also be discussed as part
of the budget process.
NO PUBLIC COMMENTS WERE RECEIVED.
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Insko to close the public hearing.
VOTE: UNANIMOUS
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit to adopt and authorize the Chair to sign the "Ordinance Regulating
Emergency Medical, First Responder, and Rescue Service and Granting of
Franchises and Contracts to the Operators in the County of Orange" as amended
above using language that is gender free.
VOTE: UNANIMOUS
NOTE: Item VIII-E "Task Force on the Process for Electing Orange County
Commissioners was heard at this time.
VII. REPORTS
A. OWASA REPORT
DELETED
B. REPORT ON UTILITY SERVICE AREA BOUNDARIES
John Link stated that this report is on the status of a Utility
Service Area Boundary Agreement for Orange County that was first considered
in 1989 at an Assembly of Governments meeting.
Motion was made by Commissioner Insko, seconded by Commissioner
Gordon to approve the resolution as amended and as stated below:
A RESOLUTION REGARDING A PROCESS FOR CONSIDERATION OF
DEVELOPING A LONG-TERM WATER AND SEWER SERVICE AREA BOUNDARY
AGREEMENT FOR ORANGE COUNTY
WHEREAS, Orange County initiated discussion with other jurisdictions in 1989
to define long-term water-sewer service areas; and
WHEREAS, those discussions were deferred due to other issues; and
WHEREAS, the present agreements regarding Joint Planning for Chapel Hill,
Carrboro and Orange County; the Cooperative Planning Agreement between Orange
County and Hillsborough; the Durham-Hillsborough pipeline agreement; the
Chapel Hill-Durham annexation area agreement and the OWASA-Durham service area
agreement have already established a foundation for seeking a more
comprehensive Countywide agreement;
NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that
the Board desires to participate in the following process with the objective
of reaching agreement among the local governments and other water and service
providers on long-term, Countywide utility service area boundaries.
First, Orange County, Hillsborough, Carrboro, Chapel Hill and OWASA would seek
to reach consensus on defining long-term service area boundaries. To begin
this phase, the managers of the local governments and OWASA would jointly
develop a proposal for submittal to each of the boards. In this phase and
succeeding stages, there would be an emphasis on sharing each party's
interests and objectives, developing a base of factual information and other
principles for achieving agreement. An interim report will be provided to
each governing Board after completion of this first phase.
Second, the City of Durham, Town of Mebane and the non-profit Orange-Alamance
Water System would be invited to join in discussion to seek a Countywide
agreement in principle.
Third, if the first two phases are successful, a formal agreement would be
drafted for discussion by each entity; consideration of any revisions proposed
by the parties; and final action.
VOTE: UNANIMOUS
C. FISCAL IMPACT ANALYSES FOR RESIDENTIAL DEVELOPMENT
Marvin Collins presented a report on the assumptions and
methodology used in generating fiscal impact analyses for residential
development. Three analyses were provided for comparison. The earliest
version of the template (1989) uses the "per capita multiplier" approach. The
most recent version of the template uses the "service standard" approach. The
reason they switched was simply to expand the capabilities of the template to
include not only the cost of services but how many new employees would be
needed to provide those services.
Mr. Collins explained that when comparing school age children per
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household in 1980 with those in 1990, in each township there is a drop from
total children down to school age children. The only exception to that is
Chapel Hill Township where there is actually a rise. Assumptions for capital
items are not included in these analyses but will be included in the next
phase. Once standards are established for the schools, he will be able to
project the number of classrooms that will be needed.
Mr. Collins noted that they need to decide how this data will be
used and if it will need to be provided on a regular basis.
D. REPLACEMENT OF COUNTY SOLID WASTE GREENBO% SYSTEM
Wilbert McAdoo outlined an option for replacing the County greenbox
system. County staff, with input from the Orange County Solid Waste
Committee, have been pursing the conversion of the existing system of 22
unstaffed greenbox sites in unincorporated Orange County, to a system of
staffed solid waste convenience centers. An interim approach would be to
convert some of the 22 greenbox sites to staffed, controlled access greenbox
sites. Mr. McAdoo suggested reducing the number of sites from 22 to 8. He
can staff 7 of these sites with no increase in funds. Each additional site
will cost $26,000 for staff and $8, 500 to improve each site.
Commissioner Willhoit emphasized that this is an attempt to get a
handle on illegal dumping and will give those communities that have no
convenience center an incentive to locate a site. He hopes that the July 1,
1994 date can be moved up, especially the border sites.
Commissioner Halkiotis agreed with educating the public and
suggested going to civic clubs and other places.
John Link feels that this conversion can be accomplished within
four months.
NOTE: Commissioner Insko left the meeting at 10:30 p.m.
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit to direct the County Manager to include this conversion in his
budget.
VOTE: UNANIMOUS
E. SOLID WASTE ORDINANCE
Wilbert McAdoo presented for discussion the first draft of a Solid
Waste Management Ordinance for Orange County that would replace a 1976
ordinance of limited scope.
Commissioner Willhoit asked that there be penalties for roadside
littering if proof can be found of who owns the trash. Geof Gledhill will look
at how this can be incorporated. Also, Commissioner Willhoit would like for
this ordinance to be publicized.
Wilbert McAdoo explained that this draft ordinance will be
presented to the Solid Waste Committee next week for their comments and
brought back to the County Commissioners for approval at a later date.
VIII. ITEMS FOR DECISION - REGULAR AGENDA
A. WHITFIELD'S GLEN - PRELIMINARY PLAN
Planner Emily Cameron presented for Board approval the Preliminary
Plan for Whitfield's Glen Subdivision. The property is located on the
southeast corner of Whitfield Road and Sunrise Road in Chapel Hill Township.
It is zoned Rural Buffer and designated as Rural Buffer on the Joint Planning
Area Land Use Plan. The total acreage of the tract is 37.27 acres. Seven (7)
lots are proposed which average 5. 32 acres in size. New lots will be served
by individual wells and septic tanks.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the Preliminary Plan for Whitfield's Glen Subdivision
with conditions contained in the Resolution of Approval attached to these
minutes on pages
VOTE: UNANIMOUS
B. 1993-98 CAPITAL IMPROVEMENT PLAN
John Link presented for Board confirmation the 1993-98 CIP and for
discussion the possible use of proceeds from impact fees for school capital
needs. The Board asked that staff present scenarios by which they could
demonstrate what the total expenditures would be for both school systems for
pay-as-you-go as well as the costs of elementary schools and to demonstrate
how the revenue side of the picture could be met including the addition of
some capital facility fee.
Sally Kost reviewed the financial information for capital
improvements funding for both school systems. This information is in the
Permanent Agenda File.
Motion was made by Commissioner Gordon, seconded by Commissioner
Willhoit to confirm the staff's understanding of the Board's decisions about
the 1993-98 CIP as presented in the agenda abstract and to approve the School
Capital Facilities Fee Implementation Plan as presented by Chair Carey.
VOTE: UNANIMOUS
C. CONTRACTING FOR TOWN OF HILLSBOROUGH FIRE INSPECTIONS
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Gordon to table this item until additional information can be provided.
VOTE: UNANIMOUS
D. ORANGE COUNTY AFFIRMATIVE ACTION PLAN
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to accept the Orange County Affirmative Action Plan and authorize
the Chair to sign the memorandum to recipients of the Plan.
VOTE: UNANIMOUS
E. TASK FORCE ON THE PROCESS FOR ELECTING ORANGE COUNTY COMMISSIONERS
Chair Carey explained that the issue of fair representation was
brought up during the last election of County Commissioners. In an attempt
to address this issue outside of the election process, he recommends that a
task force be formed on the process for electing Orange County Commissioners.
He outlined the charge and composition of this group which is included in the
agenda abstract.
Steven Levine stated his opposition to the composition of the
group. He also feels the proposed time frame is inadequate to do the job that
is required. He asked the Board to follow its normal method of forming a task
force where people can submit their names and the Board could then appoint
citizens from those who have expressed an interest.
Mark Marcoplos spoke on behalf of "The Coalition for Fair
Representation". He does not agree with the composition of the task force.
He feels that the major source of inequality in the current system is the lack
of institutionalized representation for the minority rural population. He
asked that the Board invite the broad range of community leaders involved in
this issue to a meeting in order to agree on the composition of the task
force.
Dan Coleman, Orange County Greens, feels the proposal does not go
far enough. He does not agree with limiting the task force to representatives
from specific groups. He asked that there not be a limit on the At Large
positions until the Board sees who applies. He feels the time frame is too
short because the issue is complex and will require outreach into the
citizenry.
Helen Urquardt expressed concern with the composition of the task
force and asked that the Coalition for Fair Representation have a
representative on this committee as well as someone from agriculture and a
senior citizen.
Patrick Mulkey expressed concern about the composition. He feels
a representative should be selected from each Township Advisory Council, three
At Large, two from the County School System and one from the Chapel Hill-
Carrboro School System.
Lee Mortimer suggested keeping the composition as presented but
adding more members. He noted that Davidson County recently embarked on a
similar endeavor.
Betty Ibrahim noted that none of the groups included in the
composition seemed to be disenfranchised. She feels that landowners should
be represented. The viewpoints need to be broader to include geographic
diversity and the different perceptions of the population.
The Board discussed at length the composition of the task force.
It was decided that the composition would be expanded by two At Large members.
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Insko to approve the charge as presented and the composition as presented
adding two additional At Large members.
VOTE: UNANIMOUS
IX. BOARD COMMENTS - NONE
X. COUNTY MANAGER'S REPORT - NONE
XI. APPOINTMENTS
Motion was made by Commissioner Willhoit, seconded by Chair Carey to
approve the following appointments:
ARTS COMMISSION
Donald Bergstrom - reappointment to expire 3/30/96
Kathleen Buck - new appointment to expire 3/30/96
Marie Vargo Flynn - new appointment to expire 3/30/96
HUMAN SERVICES ADVISORY COMMISSION
Philip Cooke - reappointment to expire 3/30/96
Bev Foster - reappointment to expire 3/30/96
Jan Riordan - reappointment to expire 3/30/96
HISTORIC PRESERVATION COMMISSION
Patricia Dickinson - reappointment to expire 3/30/96
Jean Anderson - reappointment to expire 3/30/96
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HILLSBOROUGH PLANNING BOARD
Rudolph Deetjen, III - reappointment to expire 3/30/96
NURSING HOME ADVISORY COMMITTEE
Phyllis Hester - new appointment to expire 3/30/94
Dr. Cecil Sheps - new appointment to expire 3/30/94
RECREATION AND PARKS ADVISORY COUNCIL
Charles Fields - new appointment to expire 3/30/96
Hattie VanHook - new appointment to expire 3/30/96
VOTE: UNANIMOUS
ORANGE COUNTY PLANNING BOARD
Five people were nominated for the four vacancies. A vote was
taken as indicated below:
Jean Hamilton - 4 votes
Larry Reid - 4 votes
William Waddell - 4 votes
Letitia Kelly - 2 votes (Commissioners Carey and Halkiotis)
Margaret Brown - 2 votes (Commissioners Gordon and Willhoit)
Based on the above votes, the following appointments were made:
Jean Hamilton - reappointment to expire 3/30/96
Larry Reid - reappointment to expire 3/30/96
William Waddell - reappointment to expire 3/30/96
(Representation changed from At Large to Bingham Township) .
The Board made the following appointments:
EMERGENCY RESPONSE PLANNING
Douglas Moats - New appointment with no expiration date
YOUTH SERVICES NEEDS TASK FORCE
James King - new appointment to expire 3/30/96
NATIONAL ORGANIZATION ON DISABILITY
Martha Barbee - reappointment with no expiration date
HUMAN RELATIONS COMMISSION
Spencer Everett, Jr. - unexpired term to expire 12/30/94
Renee Ann Price - unexpired term to expire 12/30/94
Sharon Brinson - unexpired term to expire 12/30/95
Eileen Kugler - unexpired term to expire 12/30/93
Michael S. Mezei - unexpired term to expire 12/30/94
SOUTH ORANGE FIRE PROTECTION DISTRICT
Jack Vogt - new appointment to expire 12/30/95
Tom Mason - new appointment to expire 12/30/95
Barb Steckler - new appointment to expire 12/30/95
SOUTHERN TRIANGLE FIRE PROTECTION DISTRICT COMMISSION
Dr. Cecil Sheps - new appointment to expire 3/30/95
EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL
Jeffrey Johnston - new appointment to expire 3/30/95
Yvonne Anderson - new appointment to expire 3/30/95
Robert Lockwood - new appointment to expire 3/30/96
XII. MINUTES
The Minutes were postponed to the next meeting.
XIII. EXECUTIVE SESSION
No Executive Session was held.
%IV. ADJOURNMENT
With no further items to be considered, Chair Carey adjourned the
meeting at 11:30 p.m. The next regular meeting will be held on May 3, 1993
at 7: 30 p.m. at the Rouitan Building, Cedar Grove, North Carolina.
Moses Carey, Jr. , Chair
Beverly A. Blythe, Clerk