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HomeMy WebLinkAboutMinutes - 19930420 J14 ' APPROVED 513193 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 V 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 Y 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 Y , 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