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HomeMy WebLinkAboutMinutes - 19930907 1 APPROVED lOf 19f93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 7, 1993 The Orange County Board of Commissioners met in Regular Session on Tuesday, September 7, 1993 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COIINTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Transportation Planner Carol Carter, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Animal Control Director Elma Greene, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Animal Control Officer Harvey Milton, Department on Aging Director Jerry Passmore, Land Records Manager Roscoe Reeve, Health Director Dan Reimer, Management Analyst Sharron Siler, Director of Library Services Brenda Stephens and Planner Mary Willis I. ADDITIONS OR CHANGES TO THE AGENDA The "Interlocal Agreement between the University of North Carolina at Chapel Hill and Orange County for Joint and Cooperative Arrangements for Security and the Provision of Law Enforcement Personnel at Certain Major University Events" was added as item VIII-D. Item IIIH "HOME Consortium Agreement", the minutes for August 4, 1993 and the "Water Conservation Resolution" were deleted from the agenda. BOARD COMMENTS: Chair Carey made reference to a letter he sent to Mayor Johnson about the two extensions of water to two homes in the Rural Buffer. He will keep the Board informed on this situation. Commissioner Halkiotis asked that the Manager follow up with the Department of Transportation on two requests for improvements to High Rock Road and Camp Chestnut Ridge Road. II. AIIDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey stated that citizens who have indicated a desire to speak on a specific item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Lee Rafalow stated his concern about growth in general. He is specifically concerned about Hillsborough's annexation of Orange County property and action that has been taken by this Board and things that have appeared before this Board in the past with respect to annexation. He asked the County Commissioners to take an active and personal interest in making 2 sure that the resources of Orange County are applied to protect the jurisdictions of Orange County and to make sure that cooperative planning does in fact occur. PIIBLIC CHARGE Chair Moses Carey, Jr. dispensed with the reading of the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. HYCONEECHEE REGIONAL LIBRARY CONTRACT AGREEMENT RENEWAL The Board approved and authorized the Chair to sign the Hyconeechee Regional Library contract agreement between the counties of Caswell, Orange and Person for fiscal year July 1, 1993 to June 30, 1994. B. BIIDGET ORDINANCE AMENDMENT #1 The Board approved budget ordinance amendment #1 and grant project ordinance as listed below: GENERAL FIIND Source - Miscellaneous $ (500.00) Appropriation - Community Planning 500.00 (To allocate funds from Contingency to the Planning Department for the Growth Management Conference ) Source - Intergovernmental $ 3,452.00 Appropriation - Human Services 3,452.00 (To budget additional allocation in the Dept. of Social Services for the Independent Living Program) Source - Intergovernmental $ 32,500.00 Appropriation - Human Services 32,500.00 (To budget additional funds from the State Division of Social Services for On-the-Job Training services program) OPPORTUNITIES FOR YOUNG FATHERS PROGRAM - Z. SMITH REYNOLDS FOUNDATION GRANT PROJECT ORDINANCE Be it ordained by the Orange County Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the Opportunities for Young Fathers program as awarded to the Orange County Department of Social Services by the Z. Smith Reynolds Foundation. The purpose of this grant is to provide assistance to young low income fathers in Orange County. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations 3 of the Z. Smith Reynolds Foundation. Section 3. The following revenue is anticipated to be available to complete this project: Intergovernmental - Z. Smith Reynolds $30,000 Section 4. The following amount is appropriated for this project: Human Services - Young Fathers Program $30,000 Section 5. The finance officer is hereby directed to maintain within the Grant project sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. There are no permanent positions authorized through this grant project ordinance. Section 9. This project period begins July 1, 1993 and goes through June 30, 1994. Section l0.This ordinance is effective September 7, 1993. C. PHASE B NEW SHARON HOODS - PRELIMINARY PLAN This property is located in Eno Township on the east side of New Sharon Church Road. Six lots are proposed out of 6.83 acres. The property is zoned Agricultural Residential (A-R). It is also designated Agricultural Residential in the Comprehensive Plan. A public road is proposed to serve the subdivision. The Board approved the Preliminary Plan for Phase B New Sharon Woods subject to the conditions contained in the resolution attached to these minutes on pages D. APPLICATION FOR CERTIFICATION AND DESIGNATION AS VOLONTARY AGRICOLTURAL DISTRICT - JAMES AND PATRICIA WYNN The Board approved the application of James and Patricia Wynn for certification of their property on Mountain Creek Road in Chapel Hill Township as qualifying farmland and designation as a voluntary agricultural district and authorized the Chair to sign the Agricultural Conservation Agreement. E. PERSONNEL ORDINANCE REVISION - LONGEVITY PAY The board approved a revision to the Longevity Pay section of the Personnel Ordinance effective July 1, 1993 as stated below: 19.0 LONGEVITY PAY 19.1 General The County provides Longevity Pay to recognize long- term service of Permanent employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek) who have completed at least 10 years of total Orange County service as a permanent employee. 4 19.2 Calculating Longevity Pay Longevity Pay is calculated by multiplying the employee's base annual salary by the appropriate percentage as follows: Years of Total Orancte Longevity County Service Pay Rate 10 but less than 15 1.50$ 15 but less than 20 2.25$ 20 but less than 25 3.25$ 25 or more years 4.50 19.3 Payment 19.3.1 To receive Longevity Pay, the employee must be in active employment status on the effective date. (Payment is not made on a pro-rated basis for a terminating employee or an employee on an extended leave without pay.) 19.3.2 The Longevity payment is made in a lump sum on the payday for the pay period in which effective. 19.3.3 Applicable deductions are made for Social Security, retirement, state and federal taxes. 19.4 Effective Date 19.4.1 Longevity Pay is effective on the pay period beginning date following the employee's most recent employment anniversary date. If the employee's anniversary date falls on the pay period beginning date, Longevity Pay is effective on that pay period beginning date. Note: If the employee has prior service as a permanent employee with Orange County, this service is used in determining the employee's eligibility for Longevity Pay and the amount for which eligible but does not change the effective date. F. RESOLUTION GIVING NOTICE OF ADJUSTMENT IN SALARY FOR THE SHERIFF AND REGISTER OF DEEDS POSITIONS The Board adopted the resolution as stated below: RESOLUTION GIVING NOTICE TO ALL CANDIDATES FOR THE REGISTER OF DEEDS AND SHERIFF POSITIONS 5 IN ORANGE COUNTY The Orange County Board of Commissioners, as authorized by North Carolina General Statutes 153A-92, has set the starting salaries for the Sheriff and Register of Deeds positions as provided below. This will affect the individuals elected to these offices when they take office . All other compensation elements including expense allowances are as set forth in the Orange County Personnel Ordinance. - The starting salary for the Sheriff's position will be Step 1 of Salary Grade 80 in the Orange county Classification and Pay Plan. The Step 1 salary is $47,829. - The starting salary for the Register of deeds position will be Step 1 of Salary Grade 78 in the Orange County Classification and Pay Plan. The Step 1 salary is $43,383. This Resolution will not be altered or amended until after the persons elected Sheriff and Register of Deeds in the 1994 election for those positions take office. Thereafter, the Board of Commissioners may adjust the starting salary of the candidate elected considering the years of service and performance in related experience of the person elected. G. SENIOR TIMES - PUBLICATION AND DISTRIBUTION AGREEMENT The Board approved and authorized the Chair to sign an agreement with the Chapel Hill Herald Newspaper to print and assist in distributing the Orange County Senior Times to older adults from October 1, 1993 to December 31, 1994. H. HOME CONSORTIUM AGREEMENT The Board will consider this agreement at the next meeting. I. HOME INVESTMENT PARTNERSHIPS PROGRAM The Board approved and authorized the Chair to sign an amendment to the funding approval for the Orange County HOME Investment Partnerships Programs that reprograms $300,000 set-aside for the Orange Community Housing Corporation to the Erwin Village project. J. CONTRACT APPROVAL - SURVEY WORK AT SOUTHERN HUMAN SERVICES SITE The Board approved and authorized the Chair to sign the contract with Ballentine & Riley Surveyors in an amount not to exceed $11,200 for work at the Southern Human Services site. R. FEES FOR NON-PROFIT AGENCY PARTICIPATION IN ORANGE COUNTY EMPLOYEE TRAINING PROGRAMS The Board approved the fees as presented for participation in Orange County employee training programs by employees of non-profit agencies receiving county funds. VOTE ON THE CONSENT AGENDA: UNANIMOUS 6 IV. RESOLUTIONS/PROCLAMATIONS A. RESOLIITION TO IMPLEMENT WATER CONSERVATION MEASURES FOR THE ENO RIVER This item was deleted from the agenda V. SPECIAL PRESENTATIONS A. NACo 1993 ACHIEVEMENT AWARDS The Manager's Office received an award for the implementation of the "In Touch with Orange County" project. Sharron Siler received the award for the Manager's Office. The EMS Department received an award for its "Intra-Departmental Employee Exchange" program. Dinah Jeffries received the award for the EMS Department. B. NCACC OUTSTANDING COUNTY PROGRAM AWARD The North Carolina Association of County Commissioners recently presented a 1992-93 Outstanding County Program Award to Orange County for the implementation of the Integrated E911/CAD/GIS System in Emergency Services. Roscoe Reeve received the award for his department and the EMS Department. VI. PUBLIC HEARINGS A. HOUSING DEVELOPMENT GRANT APPLICATION The North Carolina Department of Commerce has announced the availability of funds under the Housing Development Grant Program. In order to apply for funding, applicants are required to conduct a public hearing to receive citizen comments regarding the needs which could be addressed through this program. Orange County is eligible to apply for a maximum of $250,000. Applications are due October 15, 1993. Steve Jellicorse, Development Resource Corporation, stated that they have formed a joint venture with Orange Community Housing Corporation to develop a subdivision called Magnolia Place located off of Oakdale Drive in Hillsborough. This project will be 42 lots with single family homes aimed at individuals whose income falls below 80~ of the median family income for that size household. They have already received from the North Carolina Housing Agency Homes Fund a $200,000 grant for downpayment assistance and they are seeking this grant for $250,000 so they can lower the cost of housing to these individuals. The Plans for the subdivision will include housing that is primarily three bedrooms and two baths, low maintenance but very attractive housing. The water and sewer improvements will cost $330,000. The development will pay $92,000 of this cost. The comments were received by the Board and the staff was directed to proceed with the development of an application for consideration at the October 4, 1993 County Commissioners meeting. B. COMPREHENSIVE HOIISING AFFORDABILITY STRATEGY In 1991, a Comprehensive Housing Affordability Strategy (CHAS) for Orange County was developed and later approved by the U.S. Department of Housing and Urban Development. The CHAS is a five-year comprehensive planning document which outlines plans to address the overall affordable housing needs 7 of the County. This year, due to the availability of 1990 census data, all localities with an approved CHAS must submit an updated five year plan by December 31, 1993. However, prior to development of this document, a public hearing is required to receive citizen comments on housing needs, objectives, and potential strategies which should be included in the CHAS document. After the draft CHAS is prepared and before the final document is submitted, a second public hearing will be held during the October 14, 1993 Joint Planning Area Public Hearing. The Board received the comments for information. Commissioner Willhoit asked that information on the number of outhouses in the County be included in this report. VII. REPORTS A. TRANSPORTATION IMPROVEMENT PROGRAM (TIP) Transportation Planner Carol Carter presented information on the N.C. Department of Transportation annual Transportation Improvement Program (TIP). The N.C. Board of Transportation adopts annually a multi-year TIP outlining needed transportation improvements and the method and schedule for funding such projects. The Planning Board received a report on the TIP process on August 16 and identified several items for consideration in the County's upcoming TIP request. These items included safety improvements at railroad crossings, the wildlife corridor at the I-85/US 70 interchange identified by UNC planning students, and intersection sight distance improvements at Efland-Cedar Grove Road and Carr Store Road. The Planning Board identified two areas of concern inside the Durham-Chapel Hill-Carrboro (DCHC) urban area and requested that they be coordinated through the proper channels. These items were widening and safety improvements to Homestead Road and intersection improvements to Erwin Road and Dobbins Drive. In addition, the planning staff as well as the chair of the Transportation Advisory Subcommittee feels that highway improvements within the proposed economic development districts are worthy of consideration. Carol Carter will follow up on requests from the Commissioners to check on bridge maintenance and to check on getting a traffic light at New Hope Church Road. Commissioner Gordon stated that chances are the County will only get their top priority. She will advocate for Homestead Road to be paved to NC86. She will continue to endorse the other requests as listed in the agenda abstract and other items as identified by the County Commissioners. She feels that it is premature to endorse the road improvements for the economic development districts until such time that they are identified and officially approved. Carol Carter asked that any suggestions for inclusion in the TIP be forwarded to her. She will prepare a final list for board approval in October or November. VIII. ITEMS FOR DECISION - REGIILAR AGENDA A. MR. ODELL COLEY: COUNTY ORDINANCE REGARDING THE REEFING OF WILD ANIMALS Health Director Dan Reimer stated that the ordinance regulating the keeping of wild animals dangerous to persons and property within Orange County requires the Orange County Health Department to report to the Board of County 8 Commissioners of Orange County whenever the department has cause to believe that any person is violating or threatening to violate this ordinance. They received an anonymous complaint that there was a wild bear being kept on Yarborough Road in Mebane. When Animal Control investigated the complaint they found Mr. Odell Coley in possession of a female "Himalayan" bear. Since he was in violation of this ordinance, he was given a "Notice of Violation" and asked to remove the bear from his premisses by September 4, 1993. This was extended to September 8, 1993 to allow Mr. Coley time to present his case before the County Commissioners and request an exemption to the ordinance. Mr. Reimer stated that his recommendation is that an exemption to the ordinance not be granted to Mr. Coley and that Mr. Coley be directed to remove the animal from Orange County by September 14, 1993. Pat Sanford, Animal Protection Society Director, stated that there is no question that Odell Coley loves all animals. The issue is whether or not the Wild Animal Ordinance is a valid vehicle to protect the people in Orange County. The APS strongly supports Animal Control's decision to have this animal removed from the County. When breeders of Himalayan bears, wolves, and tigers sell exotic animals indiscriminately they often don't know who the buyers are, whether they have proper facilities or if the buyer has the knowledge for the animal's special needs. Some breeders could care less if they are well paid. This practice is outrageous and is happening throughout the United States. By enforcing this ordinance, Orange County is sending a message to breeders that everyone should be concerned with public safety and welfare and humane treatment of exotic and endangered animals. Mr. Odell Coley stated that he does have a Himalayan bear. He was asked by a friend if he would take care of it. The bear was born at the Buffalo Ranch south of Charlotte. He has done a lot of research on bears. He is aware of the ordinance and also aware that others in the County are not abiding by the stipulations in the ordinance. He stated that the bear is not wild and is not dangerous. Commissioner Halkiotis spoke on Mr. Coleys behalf. He has known Mr. Coley for several years and finds him to be a caring person. He is an animal lover who cares about the welfare of animals. Dietrich V. Haugwitz, Educational Director of the N.C. Network for Animals and a resident of Orange County, noted his comments are based on the facts as he understands them. He feels that Mr. Coleys comments indicate that the ordinance is all wrong. The fees are too high, the size of the cage is far too large and should be changed. He noted that ten years ago there were reasons for developing this ordinance. Research was done in great depth with all kinds of experts giving testimony. The findings were that (1) there were confirmed danger to the owners and keepers and to the surrounding citizens who may come into contact with an escaped animal and (2) a danger exists for the animal when they are not allowed to live according to their natural habitat, inclinations and diet and may lead to unattended or intended animal use. He gave a long list of organizations and agencies that agree that these animals do not make pets and the whole idea to keep these animals as pets is wrong. By looking at the facts in this case, they indicate that Mr. Coley has been cited in the past for violations of two Animal Control Ordinances, one of which was cruelty to his dog. The bear was found without food and water. The bear cage is less than one fifth of the minimum size described by the County's ordinance. Section 5 of the Ordinance states that 9 the animal cannot be removed from the premisses. Mr. Coley is taking his bear to school and church. Section 3 of the ordinance prohibits breeding or selling this animal. A Himalayan bear is no pet. It belongs in a bear sanctuary where true experts can take proper care of the animal. He located a sanctuary called "Wildlife Images Rehabilitation and Education Center in Oregon which is a magnificent place where animals of this kind are taken. He urged the Board not to grant a license to Mr. Coley and he hopes the animal can be transferred to such a sanctuary for the best interest of all concerned. Dr. Mike Blyman stated that for over fifty years he has been working in animal rescue and rehabilitation. He worked with Orange County when they enacted the Wild Animal Control Ordinance. The law came about because of the escape of sixteen large and dangerous animals in Orange and Chatham Counties. He told of the regulations for the cage and the reasons for such regulations. He had an Himalayan bear for 4-3/4 years. He loved this bear which did not attack him until it was 4 years old. The Buffalo Ranch will buy and sell anything they can get away with. He loves bears but when they are full grown they can break the back of a wild buffalo of 2400 pounds and up. They are responsible for more deaths of human beings than any other bear. He emphasized that this bear is his favorite species of bear. They are clever about escaping because of their incredible strength. This species will disappear. He noted that he cannot take responsibility for working with this species except in cases of rescue because he cannot provide the protection that is necessary. He has a cage that meets the standards for Chatham and Orange County. He offered to take the bear. He has nothing against it going to the sanctuary in Oregon. Commissioner Halkiotis thanked Dr. Blyman for educating him on the growth process that takes place and what the bear is capable of doing as it gets older. He asked Dr. Blyman to talk with Mr. Coley to let him know what may happen as the bears gets older. He knows that Mr. Coley does not want anything to happen to anyone because of his bear. Mr. Coley is not sure if he has the right to give the bear away or put it in a sanctuary since he is just keeping the bear for a friend. He agreed that he should not keep the bear. However, he feels that it will probably have to go back to Charlotte unless he pays for the bear. Commissioner Halkiotis emphasized to Mr. Coley that it would be in the best interest for the bear not to go back into the breeding cycle. Chair Carey noted that the Board's authority does not include what will happen to the bear. In order to enforce the Ordinance, the County needs help from the citizens in reporting violations. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to not grant an exemption to the Ordinance for Mr. Coley and that Mr. Coley remove the animal from Orange County by October 7, 1993. VOTE: UNANIMOUS Commissioner Insko noted that something needs to be done statewide about the breeding of dangerous animals. B. DRAFT INTERLOCAL COLLECTION AGREEMENT FOR ORANGE COtTNTY EDIICATIONAL FACILITIES IMPACT FEES On June 7, 1993, the County Commissioners adopted the Orange County 10 Educational Facilities Impact Fee Ordinance. The ordinance became effective on July 1, 1993 and applies, with certain exceptions, only to residential dwelling units for which building permits are issued on or after that date. Section 5.B., Responsibility for Fee Collection, provides for the collection of fees through an interlocal agreement between Orange County and a municipality located therein. Where such an interlocal agreement is in effect, the municipality must remit the fees to Orange County as provided in the agreement, including a report of the amount of funds collected and the benefit area from which the fees were collected. Upon receipt, the County shall deposit the fees in the appropriate trust fund. A motion was made by Commissioner Insko, seconded by Chair Carey to approve in principle the draft impact fee collection agreement and authorize the Administration to forward the draft agreement to the municipalities for consideration. VOTE: UNANIMOUS C. PROPOSED ZONING ORDINANCE TE]CT AMENDMENT - IMPERVIOIIS SIIRFACE REGIILATED This Zoning Ordinance text amendment would permit property owners to satisfy impervious surface ratios in protected watersheds through provision of a perpetual conservation easement on adjoining property. At its August 16, 1993 meeting, the Planning Board approved the proposal as presented at the public hearing in May. Commissioner Willhoit asked if it would be possible for OWASA to grant a conservation easement for land to be used for a fire station. Mr. Collins indicated that it would have to be adjacent to the property but does not have to be in the same ownership. One rationale for wanting it to be adjacent was the issue of runoff. The other rationale for the adjacency was administrative in nature. He suggested changing the wording to indicate that the property would have to be in the same watershed. After a lengthy discussion on this item, the Board decided to approve the Administration's recommendation. A motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the proposed amendment per the Planning Board recommendation. VOTE: UNANIMOUS ADDED ITEM D. INTERLOCAL AGREEMENT BETWEEN THE IINIVERSITY OF NORTH CAROLINA AT CHAPEL HILL AND ORANGE COrtTNTY FOR JOINT AND COOPERATIVE ARRANGEMENTS FOR SECIIRITY AND THE PROVISION OF LAW ENFORCEMENT PERSONNEL AT CERTAIN MAJOR IINIVERSITY EVENTS John Link clarified that this will not cost the County anything. All expenses will be reimbursed to the County. Commissioner Halkiotis stated that the Sheriff Deputies have equipment in their vehicles that they will need. He questioned why Chapel Hill is no longer providing this service. He feels the University should contribute to a vehicle replacement fund. This contract will provide the deputies a way to make extra money. He has no problem with this contract if the University will contribute to a vehicle replacement fund. John Link noted that the recommendation is that the agreement be effective September 1, 1993 provided satisfactory arrangements are made for either: (1) the reimbursement to the County for the use of any County 11 facilities or equipment (including Sheriff's vehicles used to transport deputies to the University) used during the event coverage or (2) assurance that County equipment and facilities will not be used during the event coverage. A motion was made by Commissioner Insko, seconded by Chair Carey to approve this Interlocal Agreement provided that the County is compensated for the use of the vehicles and equipment. VOTE: UNANIMOUS NOTE: For the record, Commissioner Willhoit did not have prior knowledge or participate in the discussion of this item. IX. BOARD COMMENTS - moved to page 1 X. COIINTY MANAGER'S REPORT - NONE XI. APPOINTMENTS A motion was made by Chair Carey, seconded by Commissioner Halkiotis to appoint County Engineer Paul Thames to the Chapel Hill Energy Task Force. VOTE: UNANIMOUS XII. MINOTES A motion was made by Commissioner Gordon, seconded by Chair Carey to approve the minutes of June 21, June 23, August 17, and August 23 as presented. VOTE: UNANIMOUS XIII. E%ECIITIVE SESSION - NONE XIV. ADJOIIRNMENT With no further items to come before the Board, Chair Carey adjourned the meeting at 10:40 p.m. The next regular meeting will be held on Tuesday, September 21, 1993 at 7:30 p.m. in the OWASA Community Room in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk