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HomeMy WebLinkAboutMinutes - 199311011 APPROVED 12/21/93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 1, 1993 The Orange County Board of Commissioners met in regular session on Monday, November 1, 1993 at 7:30 p.m. in the courtroom of the Old County Courthouse, Hillsborough, North Carolina. COIINTY COMMISSIONERS PRESENT: Chair Moses Carey Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Economic Development Assistant Oliver Devaud, Housing and Community Development Director Tara Fikes, Purchasing Director Pam Jones, Commission for Women Director Lucy Lewis, Department on Aging Director Jerry Passmore, Planner David Stancil, County Engineer Paul Thames, EMS Director Nick Waters, and Planner Mary Willis NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERR'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey added to the agenda two proclamations which are listed under proclamations as "B" and "C". Revisions to VIII-E will be considered when the item is presented. Board Comments were moved up on the agenda. BOARD COMMENTB Commissioner Gordon asked about recycling in the rural areas and John Link stated that it appears that the County will be able to significantly upgrade rural curbside recycling under an agreement that is being pursued by the LOG staff with SunShares of Durham. Hopefully within a couple of months, curbside recycling will be provided to approximately 4500 households in unincorporated Orange County. Commissioner Halkiotis referred to a memo from Bedminster Bioconversion Corporation which stated that after one year of operation, Sevier County, Tennessee has diverted over 70$ of the county's waste from their landfill. The landfill is now using 1/2 acre of space versus the 5 acres needed prior to operation. Commissioner Halkiotis described the march against crime held in Chapel Hill and the fact that many people were afraid to march even though there was adequate police protection for the group. He emphasized that a generation of kids has been lost and that the next generation is looking for direction. He noted that he feels the responsibility of the Board is to help with this next generation in providing jobs and education. Commissioner Willhoit suggested that the Board dedicate two hours of their retreat to at least plan a process on what they can do on this issue. He feels this is the biggest challenge they have as a community. There are different groups working on different issues related to crime prevention and 2 a vision needs to be developed on how to get where everyone wants to be. Chair Carey feels that all these groups need to be brought together. Commissioner Gordon suggested either having this discussion on the day of the retreat or at another time. Commissioner Insko noted she also has some information from a violence prevention workshop she attended she would like to share with the Board. Commissioner Willhoit informed the Board that the LOG will be interviewing and making a selection of an engineering firm to do the Solid Waste Management Study. II. AIIDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey stated that everyone who has indicated a desire to speak on an item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PIIBLIC CHARGE Chair Carey 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. SBTDC CONTRACT The Board approved and authorized the Chair to sign a contract with the Small Business and Technology Development Center to provide assistance to small businesses at a cost of $10,000 to be paid in two installments of $5,000 each. B. WINDING BRANCH PRELIMINARY PLAN The Board approved the Preliminary Plan for Winding Branch subdivision subject to the conditions contained in the Resolution of Approval which is on pages of these minutes. This property is located in Bingham Township on the south side of Dairyland Road. The tract is 23.45 acres with thirteen (13) lots proposed. The property is zoned Rural Residential and Protected Watershed. A public road is proposed. C. IINC HOSPITALS CONTRACT EBTENSIONS The Board approved and authorized the Chair to sign an agreement with the UNC Hospitals for a four month extension to two existing contracts with Orange County Emergency Management. Terms of the contract remain identical to those in effect since July 1992, with the exception that reimbursement from the Hospitals to the County under the ground transportation contract would increase from $12,000 to $12,500 monthly. 3 D. CONTRACT APPROVAL FOR ARCHITECTURAL SERVICES FOR THE NEW COURTHOUSE The Board accepted a cost proposal from Grier-Fripp to provide design services for an amount equal to 12$ of the construction budget of approximately $250,000. They approved and authorized the Chair to sign a contract for design services contingent upon final negotiation and attorney and staff review. The scope of work will include the development of a courtroom and associated support offices for the District Court Judges, as well as the construction of an alternate means of emergency egress. E. OFFER TO PURCHASE COUNTY PROPERTY The Board accepted an offer from Mr. Clayton to purchase a one-half acre lot located on 10th street in Mebane for $14,080 and authorized the Manager and the Attorney to complete the sale of the property as outlined by State law and approved that the proceeds of the sale be set aside in a reserve account for affordable housing uses. F. BID AWARD FOR NETWORK COMMUNICATIONS EOUIPMENT FOR THE MASTER CLIENT INDE% The Board rejected all the bids received on October 8, 1993 and awarded the bid to Atlanta DataComm, Inc. at a delivered cost of $23,103.00. Funds were allotted in the 1993-94 budget for the purchase of this Network Communications Equipment that will be used to connect Local Area Networks in Social Services and Child Support Enforcement to the Master Client Index on the IBM Risc-6000 in Data Processing and to the State Computer System. Other bids received were from Datanet at $32,834 and from IBM at $43,586.15. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION FOR OIITDOOR PRIVIES IN ORANGE COUNTY A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to adopt and authorize the Chair to sign the "Resolution for Outdoor Privies in Orange County" as stated below: R E S O L U T I O N OUTDOOR PRIVIES IN ORANGE COUNTY WHEREAS, the Board of County Commissioners received a staff report on October 4, 1993 regarding the incidence of outdoor privies in Orange County; and WHEREAS, the Board recognizes the existence of outdoor privies in Orange County and the associated health and safety concerns related to this form of sewage disposal; and WHEREAS, the Board is committed to minimizing displacement of families who rely on outdoor privies; and WHEREAS, the Board is committed to improving the water/sewer conditions of all County residents by utilizing available federal, state and local resources; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners, that the Housing/Community Development and Environmental Health staff begin 4 an ongoing process of identification of existing outdoor privies by requesting the assistance of local school officials and human service providers. FIIRTHER, the Orange County Board of Commissioners will continue to seek funding from federal and state funds to assist in eradication of this problem. FARTHER, all future County Community Development Programs will give priority to communities and dwellings utilizing outdoor privies. VOTE: UNANIMOUS B. PROCLAMATION FOR NATIONAL DIABETES MONTH A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to proclaim the month of November as National Diabetes Month as stated below and authorize the Chair to sign: PROCLAMATION To designate the month of November as National Diabetes Month in Orange County. Whereas, diabetes is a problem of grave concern and consequence in American society with serious complications and effects which can be lessened through tight blood glucose monitoring and education as recently proven through the Diabetes Control and Complications Trials (DCCT); and Whereas, more than 13 million people in America, including many people not yet diagnosed, are affected by diabetes with 500,000 new cases diagnosed yearly; and Whereas, diabetes is a leading cause of death and a major cause of disability in Orange County; and Whereas, more than 50,000 lower extremity amputations were performed on people with diabetes annually, a rate 15 times higher than that of the non- diabetic population; and Whereas, death from kidney disease is 500 times more common among young adults with insulin-dependent diabetes than in the general population. Diabetes is the leading cause of new blindness in adults; and Whereas, half of all people with diabetes have a history of hypertension compared to 20 percent of the general population. People with diabetes are twice as likely as members of the general population to have heart disease and are more likely to die from it; and Whereas, detectable loss of nerve function occurs in approximately 40 percent of persons with diabetes, and after 25 years of the disease, more than 90 percent are affected. Pregnant women with diabetes require intensive prenatal care and their babies are five times more likely to require intensive care during and immediately following birth than other babies; and Whereas, people with diabetes are more than twice as likely to require hospitalization during the year; and 5 Whereas, diabetes awareness and education can lessen or prevent the complications associated with diabetes and through diabetes awareness and education, the person with diabetes can gain better health, peace of mind, and an active lifestyle. Also, diabetes awareness and education can help persons with diabetes live more independent and fulfilling lives; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the month of November, 1993 be designated as National Diabetes Month and that the people of Orange County be requested to observe the month with appropriate ceremonies and activities. VOTE: UNANIMOUS C. PROCLAMATION FOR NATIONAL HOME CARE WEER A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to proclaim the week of November 28, 1993 through December 4, 1993 as "National Home Care Week" as stated below and authorize the Chair to sign. P R O C L A M A T I O N National Some Care Week WHEREAS, the citizens of Orange County have benefited from the advantages of home care for decades. As an alternative to institutional care, home care fosters a sense of independence and self-respect by affording patients the right to receive services in the comfort of their homes, with the reassurance and companionship of family and friends, and WHEREAS, through the dedication and caring of Orange County home care providers and caregivers, a wide variety of home care services are available to our citizens. Home care allows quality care to be brought to all those in need: the young and old, indigent and wealthy, urban and rural. By caring for the individual at home, home care not only strengthens the family bond, but serves as a cost-effective method of care by avoiding unnecessary institutional care, and WHEREAS, home care providers are recognized for their meaningful work with our ill and disabled citizens. Through the special relationships formed between patient and caregiver, a better quality of life and sense of dignity are achieved by many Orange County residents each year, NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, do hereby proclaim November 28 through December 4, 1993 as "National Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. IN WITNESS WHEREOF, I hereunto set my hands and affixed the seal of Orange County, this First Day of November, Nineteen Hundred and Ninety-Three. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. POBLIC HEARINGS - NONE 6 VII. REPORTS A. TRIANGLE TRANSIT AIITHORITY The County Commissioners received a status report from the Triangle Transit Authority. Shirley Marshall is the Board's representative on this Board. She specifically asked that the Board look at what the authority is and determine what the relationship needs to be between the TTA and the Board of County Commissioners. Juanita Shearer-Swink, Fixed Guideway Transportation Consultant, gave an update on the Fixed Guideway study. Phase I included the study design and was completed in May, 1993. The second phase which is to develop tools and forecasts is scheduled for completion in December, 1993. Phase III which is to develop alternative scenarios will be completed in July, 1994 and the last phase which is to develop a final plan will be completed in December, 1994. The last phase will only be done if the community decides that a regional transit system is appropriate for the area. Jim Ritchie, General Manager of the Triangle Transit Authority, provided information on the four areas listed below: (1) General update of the TTA's activities over the past year, (2) Current status of the Triangle Fixed Guideway Study, (3) TTA Regional bus service, current and future phases, and (4) Financial status report 8. STATOS REPORT ON SENIOR CENTER FACILITIES MANAGEMENT John Link stated that as the result of a 1980 Senior Center grant the County opened its first Senior Center in Hillsborough. That number has increased to four. They are as follows: (1) Hillsborough at the Whitted Human Services Center in 1980 (2) Southern Orange at the Multipurpose Center in 1984 (3) Carrboro at the ArtsCenter in 1987, and (4) Chapel Hill at the Galleria in 1991. Jerry Passmore made three observations: (1) the more visible, the more participation they see and the more community support, (2) the more space, the more variety of activities and (3) the newest center at the Galleria has had the largest growth. Janice Tyler, Senior Centers Administrator presented information on the variety of activities at the centers. In answer to a question about the newest facility at the Galleria becoming a private non-profit center, Jerry Passmore indicated that there was discussion about the center becoming a private-public partnership operation. The budget for the Friends of the Center is $90,000. Jerry Passmore will provide information to the Board on how this money is spent. John Link noted that he has suggested to Jerry and members of the Friends Board that they might want to pursue a strategic planning process where they take a look at how the County is now providing senior services at each location and rely on the seniors themselves in articulating just what they want to pursue at each location. The seniors have done a great job pulling together their own programs. The locations need to be evaluated in terms of equity and best location. The Board decided to put this item on the agenda for the Board retreat in December for further discussion. C. REPORT REGARDING PROPOSED CIVIL RIGHTS ORDINANCE The agenda abstract included revisions to six sections of the 7 ordinance. The Director of the Commission for Women, Lucy Lewis, summarized these changes. It was the consensus of the Board to delete only the "fighting words" sections of the section on "other prohibited acts". A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to (1) direct the staff to complete a revised draft of the ordinance, (2) at a future meeting, receive the revised ordinance and indicate the Board's intention to adopt the revised ordinance and (3) at that point convey the Board's intention to the other jurisdictions and ask for their positive response. In answer to several questions from Commissioner Gordon, Lucy Lewis stated that familial status is different from martial status as it pertains to discrimination against families with children. The panel will be used for a formal review process with a different panel used for each case. She sees no problem in specifying the representation on this panel. Chair Carey asked that the County Commissioners let Lucy Lewis know of any changes they want to make in the ordinance. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGDLAR AGENDA A. WATERSHED PROTECTION STANDARDS ZONING OF LITTLE RIVER AND CEDAR GROVE TOWNSHIPS Mary Willis presented for Board consideration of approval proposed amendments to the Orange County Zoning Atlas, Zoning Ordinance, Subdivision Regulations and Land Use Element of the Comprehensive Plan for the purpose of extending zoning to Little River and Cedar Grove Townships and implementing State mandated watershed protection standards. Mary Willis focused her comments on the changes that have been made to the document since the August, 1993 public hearing. Eight changes are presented for consideration of the Board. (1) Adopt a new sliding scale for impervious surface ratios to apply to all existing and new lots in WS-II and WS-III watershed (except for new lots in UNIV-PW and UNIV-CA). The proposed scale would require a 12$ impervious surface limit for one-acre lots, and 10.5 for two acre lots, and 6.0$ for lots five acres or more. (2) Where the minimum lot size is 40,000 square feet excluding right-of-way), require also that the minimum lot area inclusive of right-of-way be a full acre (43,560). (3) Reduce the proposed minimum lot size in the Flat River Watershed to one acre. Maintain the 2-acre minimum lot size proposed in the Little River Watershed. (4) Increase the proposed minimum lot size in the portion of the Cane Creek Watershed outside of the Critical Area from 40,000 square feet to 2 acres. (5) Eliminate the existing requirement that septic systems and structures be setback 300 feet and 150 feet, respectively, from steams in Critical Areas. Septic systems would be required to be located outside of any stream buffers, or 100 from the steam, whichever is farther. Structures must be locate outside of the stream buffer. 8 (6) Change the upper limit for non-residential impervious surface in WS-IV watersheds from 50$ to 70~ to correctly reflect the amount allowed by the State mandate. (7) Correct the definition of Critical Area in Article 22 to reflect a distance of 1/2 mile from the normal pool of the reservoir or the ridgeline of the watershed, whichever is less. (8) Other clarifications of and references to standards which are already in place. Mary Willis noted that the only issue where the Planning Board differed from the staff recommendation involved the sliding scale for impervious surface. The Planning Board proposed alternative sliding scales to address the decrease in square footage on lots from 4.5 to 6.0 acres. In answer to a question from Commissioner Gordon, Mary Willis clarified that the same impervious surface scale is proposed for critical areas and the areas in the balance of the watershed as well. This would include all of University Lake watershed for new lots. In answer to a question from Commissioner Gordon, Mary Willis stated that the 300 feet setback for septic systems has been in place since 1984 and was the result of a study done at that time. Julie Andresen, Member of the Chapel Hill Town Council and Chair of the OWASA Board, stated that she has not had adequate time to review the proposed changes and asked that she be allowed additional time to make comments. She feels that the watershed standards should be more restrictive. Mary Willis stated that she does not know if any of the four landfill sites are in the watershed area. With regard to the convenience centers, in most areas this situation is improved by less restrictive regulations in the proposed standards with exception of the Upper Eno Watershed and the Back Creek Watershed. Commissioner Gordon made reference to a map of University Watershed with travel times. She noticed that not all the watersheds are the same. One difference has to do with the total size of the watershed. The larger travel times for stormwater runoff to get to the reservoir are north/south at around six hours. It is less for east/west. Without a study the travel times for Cane Creek are not known but they are probably about the same. In contrast, the Little River Watershed has a twelve hour travel time to the reservoir in Durham County. She feels the County should think of these watersheds not only in terms of classification but in terms of their size and travel times for stormwater runoff. This could result in a higher standard for Cane Creek and consideration of a lower impervious surface ratio outside of the twelve hour travel time. She would like to see more differentiation in the watersheds of a similar category. Commissioner Willhoit questioned the validity of the travel time. He would like to discuss, at another time, the County's ability to regulate travel times. He has a problem with protecting Durham's water supply when the County has no signals that Durham will do the same for Orange County. Commissioner Gordon agreed that the impervious surface issue needs to be looked at in terms of the total amount and the sliding scale. The Planning Board expressed a concern that this impervious surface ratio would discourage larger lots. She feels that the County should look at the commitment to protect the reservoir and also the intent for the use of that land. She would like to see a more differentiated approach based on the specific watershed. She does not support a sliding scale which gives smaller 9 square footage on a larger lot. Commissioner Insko suggested continuing this item to the next agenda. Commissioner Gordon opposed revising Section 10.8 of the goals to allow a commercial node with 5$ of the area for non-residential. A motion was made by Commissioner Gordon, seconded by Commissioner Insko to postpone a decision on this item until the next meeting. VOTE: UNANIMOUS B. CONTRACT FOR TOWN OF HILLSBOROUGH FIRE INSPECTIONS In response to a concern expressed by Commissioner Gordon, number five was changed to indicate that the County will not bill the Town of Hillsborough for the inspection of all public school facilities within Orange County. The Board was assured by Rod Visser that all costs would be recovered by the County for performing State-mandated fire inspections within the Town's jurisdiction. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the agreement with the Town of Hillsborough as amended above. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) C. SEWER E%TENSION REIMBURSEMENT John Link asked the Board to consider utilizing the County's current Water and Sewer Policy to reimburse a portion of the sewer extension cost paid by Hancor, Inc. to serve their $4,000,000 plant expansion completed in June, 1993. Hancor, Inc. paid for all the engineering and construction of the 2" forced main that serves their plant. Domestic waste is pumped into the Efland Sewer System. Controls on the volume of waste discharged have been implemented by the County Engineer. The pump station is privately owned and operated; the sewer lines were built to County standards and were given to the County upon inspection and testing. Because the line is a forced main, no residences along the line can tap on. Commissioner Gordon stated that she feels the Utility Extension Fund was set up to provide an incentive for businesses to locate in this area and she is opposed to spending the taxpayers money in this way after the fact. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to allocate a portion of the Utility Extension Fund during the next two fiscal years to reimburse Hancor Inc. for half of the actual construction cost of the sewer line. Half would be $38,427.50. The total design and construction cost was $76,855.00. Reimbursement during fiscal years 1993-94 and 1994-95 would be $19,213.75 each year. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) D. CP-3-93. BOBBY RIRR. SR. AND JR. Action on this item was contingent upon Board action on item VIII-A which was postponed. This item will be placed on the next agenda for consideration. E. ADVERTISEMENT FOR THE NOVEMBER 22 PUBLIC HEARING Planner Mary Willis presented for Board consideration the legal notice for the quarterly public hearing scheduled for November 22, 1993. Commissioner Gordon made reference to a request from Norma White 10 for Schley Road to go from A-R to RR. She feels that this should be included in the advertisement to receive public comments. Also, she feels that since the impervious surface ratio in Cane Creek went to public hearing at 12$ and what is being proposed is something more restrictive, this should be advertised and go to public hearing. In response to Commissioner Cordon's request from Norma White, Planner Mary Willis clarified that Ms. White's concern was with an existing business which will be treated the same as other businesses in the area. Commissioner Insko suggested that everything, including the sliding scale, be in the advertisement if it needs to be there. Geoffrey Gledhill indicated it would be safe to include both the sliding scales. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the notice as presented with an amendment to include a rezoning application submitted by Paliouras Enterprises, Inc. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) IX. BOARD COMMENTS - moved up on the agenda X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS The Appointments were postponed to the next meeting. XII. MINUTES The Minutes for October 5, 1993 and October 14, 1993 were postponed to the next meeting. XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT Since no other items were presented for consideration, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, November 16, 1993 at the OWASA Community Room in Carrboro, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr. Chair