Loading...
HomeMy WebLinkAboutMinutes - 19940315 1 APPROVED 4/4/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 15, 1994 The Orange County Board of Commissioners met in Regular Session on Tuesday, March 15, 1994 at 7:30 p.m. in the OWASA Community Meeting room on Jones Ferry Road in Carrboro, North Carolina. COUNTY 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 Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Personnel Director Elaine Holmes, Budget Director Sally Kost, Budget and Management Analyst Donna Dean, and Purchasing and Central Services Director Pam Jones I. ADDITIONS OR CHANGES TO THE AGENDA Additional information on item VIII-F was faxed to the County Commissioners today and additional information on items VIII-H and IX-A was distributed for consideration when acting on these items. II. AUDIENCE COMMENTS A. MATTERS ON TH8 PRINTED AGENDA - NONE B. MATTERS NOT ON THE PRINTED AGENDA Chair Carey said that the citizens who have indicated a desire to speak will be recognized at the appropriate time. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Gordon reported on the Triangle Transit Authority's fixed guideway plan. She explained the three alternatives as presented at a meeting she attended. Commissioner Insko stated that one important question for the citizens and the County Commissioners is which area is going to receive the density necessary for a fixed guideway plan to work. Commissioner Willhoit suggested getting a copy of the report and asking the Planning Board to review the findings and make comments. John Link suggested asking Jim Ritchie, TTA General Director, to give a report at an upcoming meeting. In answer to a question from Commissioner Gordon on expanding recycling, John Link stated that the literature is suppose to go out in March with recycling to begin for an addition 4200 households in April. Commissioner Halkiotis reported that a traffic signal is in operation at Miller Road. A traffic signal is still needed for Highway 70 and Mt. Hermon Church Road and at New Hope Church Road. He asked for traffic information at the railroad crossing where a person was killed this past weekend. 2 IV. COUNTY I~IANAGER'8 REPORT John Link reported on the biennial review for the Child Protective Services division of Social Services. They received an overall score of 95.73$ which places the agency in the exemplary program range. He commended the Social Services Director and staff for this achievement. V. RESOLUTIONS/PROCLAMATIONS - NONE VI. SPECIAL PRESENTATIONS A. JTPA-TRIANGLE FIRE CHALLENGE ACADEMY Gloria Williams, Director of JOCCA, told about the Triangle Fire Challenge Academy which is a training program funded by the Orange County Job Training Partnership Act Program. The first class of 17 graduated in January, 1994. She introduced the graduates who were present. Chair Carey commended Ms. Williams for her leadership in this endeavor. VZI. PUBLIC HEARINGS A. 1994-99 CAPITAL IMPROVEMENTS PLAN John Link summarized the major changes in the 1994-1999 Capital Improvements Plan (CIP). 1. Funding plan for an elementary school for each school district 2. $235,000 to provide additional courtroom space with two alternatives 3. Funds for the Sheriff's Department Building to be renovated to be more functional as a law enforcement center 4. Funding for athletic field lights at the new Orange County middle school 5. Startup funds for a skills development center 6. Additional funds for the Southern Human Services Center that would allow it to be 33,000 square feet 7. Ten year projection of funding needs for the County and the two school systems Commissioner Willhoit asked about population projections and if the assumptions which indicate a need for additional schools have been checked. John Link stated that the information provided by the Chapel Hill-Carrboro School system indicated they expect at least an additional 300 students per year for the next five or six years. This has not been analyzed by the County staff . In answer to a question from Commissioner Halkiotis about the State funding only one superintendent per county, John Link stated that a bill has been submitted during the last two general assembly sessions calling for funding one administrative unit per county. Those bills have not prohibited other administrative units. It was clarified that a second elementary school will be needed in Chapel Hill-Carrboro by the year 2,000 or 2,001. Commissioners Willhoit and Halkiotis asked for information about student population figures. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS Meg McKean stated she lives next to the new middle school on N.C. 86. She spoke against the stadium lights at this school. She said that although 3 her house is located in the rural buffer there is nothing separating the school property from the adjacent residential property. Chair Carey clarified that the school property is not in the Rural Buffer. Michael DeBartolo spoke against the stadium lights at the new middle school. He recommends using the lights in other areas to expand recreational activities or, at least, not to have activities past 9:00 p.m. John Link explained that the lights would be used for a playing field at the new middle school and used for activities scheduled by the County. The cost is estimated to be $250,000. Commissioner Willhoit asked for a report on the buffer requirements for the new middle school. Commissioner Insko asked that Meg McKean and Michael DeBartolo be informed on what happens with this item. Clint Burklin distributed a prepared statement. He has some concerns about the proposed lights for the new middle school. He noted that when he and some of his neighbors met with the Orange County School Board last summer, there were no plans for exterior lighting. He feels that exterior lighting will not be compatible with the adjacent neighborhood. The edge of the playing field is 35 feet from the back line of the school property. There is no buffer between the field and the residential lots. He pointed out that the adjoining New Hope School does have larger buffers and may be a better site for a lighted field. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Commissioner Halkiotis volunteered to work with Recreation Director Bob Jones and the neighbors in the area of the new middle school to work out an agreement about the exterior lighting. VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. FIRST RESPONDER FRANCHISE APPLICATIONS The Board approved the refranchising requests of Caldwell, Cedar Grove, Eno, Mebane, New Hope, North Chatham, Orange Grove and White Cross fire departments in accordance with the provisions of the EMS Franchise Regulating Ordinance for franchises to provide First Responder services. B. PROPERTY TA% REFONDS The Board approve the following requests for property tax refunds: NAME ACCOUNT # AMOIINT Thompson, Wayne M. 141290 $ 151.12 Matherly, Gerald S. 9328744 233.25 Carmichael, Daniel Jr. 9313722 14.82 Carmichael, Daniel Jr. 9313720 37.03 Carmichael, Daniel Jr. 9313721 29.61 Hicks, Elizabeth Ann Tilley 9323696 2,765.31 Hawley, Arthur J. 9323213 61.91 Smith, Violet G. 9338089 28.89 Lasley, Larry & Linda 177302 559.01 Englert, Betty A. 147027 77.21 4 C. MAGNOLIA PLACE HOIISING DEVELOPMENT PROGRAM DEVELOPMENT AGREEMENT In February, 1994, the County received a preliminary award of $250,000 in Community Development funds to assist the Orange Community Housing Corporation with the construction of a 42 unit single family subdivision known as Magnolia Place. The Board approved the Development Agreement with the Orange Community Horsing Corporation for the Magnolia Place Housing Project and authorized the Chair to sign this document and other documents required for this project upon approval by the County Attorney. D. BIIDGET ORDINANCE AMENDMENT ~9 The Board approved the following budget ordinanc e amendment and capital project ordinance: GENERAL FIIND Source - Miscellaneous Expenditures $ ($15,000) Appropriation - Contrib. to Outside Agencies 15,000 (To appropriate funds to the Orange County Community Housing Corporation) Source - Miscellaneous Revenue $ 4,476 Appropriation - Human Services 4,476 (To accept unanticipated donations for the Orange County Library) CHAPEL HILL HIGH SCHOOL (PHASE II) TRANSPORTATION CENTER PROJECT Source - Transfer from School Capital Reserve Fund 425,146 - Transfer from Middle School project 40,000. - Transfer from General Fund 243,8104 - Public School Building Funds 381,190 Appropriation - Chapel Hill HS (Phase II) $ 1,090,146 E. IISE OF SPACE BY STATE HIGHWAY PATROL The Board approved allowing the State Highway Patrol to use space in the oldest portion of the Jail for an office for the eleven officers assigned to Orange County pursuant to the terms listed in the agenda abstract and directed the Director of Purchasing and Central Services to articulate the terms of the approval in a letter to the Highway Patrol. F. ADVERTISEMENT - APRIL 14. 1994 JPA PIIBLIC HEARING The Board approved the legal notice for the JPA public hearing scheduled for April 14, 1994 as presented. G. INCREASE FAMILY NIIRSE PRACTITIONER POSITION BY .125 FTE The Board approved to extend the hours of the existing permanent part-time FNP position by 5 hours per week. H. ESTABLISH PIIBLIC HEARING DATE FOR OCCAC BONDS This item was removed from the Consent Agenda and considered below. I. 1994 LOCAL LEGISLATION This item was removed from the Consent Agenda and considered below. J. CABLE TELEVISION SIIRVEY 5 The Board approved the Cable Television Survey and appropriated $2,200 from the Commissioners' Contingency fund to cover the costs associated with the survey. R. N.C. DEPARTMENT OF TRANSPORTATION STATE FIINDS TO SIIPPORT RIIRAL GENERAL PIIBLIC TRANSPORTATION The Board approved and authorized the Chair to sign the Certified Statement of Participation in the Rural General Public Program for $9,198 in special state funds to promote rural public transportation. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMB REMOVED FROM THE CONSENT AGENDA ESTABLISH PIIBLIC HEARING DATE FOR OCCAC BONDS A motion was made by Commissioner Gordon, seconded by Commissioner Insko to establish April 4, 1994 as the date for the public hearing for the proposed issuance of Orange County Community Activity Corporation revenue bonds with an amendment to the notice at the end of the first paragraph indicating that the amount previously approved for this project was 8.5 million dollars. VOTE: UNANIMOUS 1994 LOCAL LEGISLATION A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to confirm those legislative issues that the Board of Commissioners intends to submit to the Orange County legislative delegation for consideration in the 1994 Short Session of the General assembly; and to authorize the County Attorney to complete the drafting of 1994 local legislation and to transmit it to the Orange County legislative delegation and set a public hearing for April 4, 1994 at 5:30 p.m. at the Pleasant Green Community Center in Eno Township. VOTE: UNANIMOUS IB. ITEMS FOR DECISION - REGIILAR AGENDA A. ORANGE GROVE FIRE DEPARTMENT BIIILDING E%PANSION Rod Visser presented this report. He noted that the Orange Grove Fire Department wants to expand their facilities. They want to pursue a significant portion of the financing through a low interest, tax-exempt loan from CCB in Orange County. The procedure to allow them to obtain this loan is to hold a public hearing which was held last evening and the second requirement is that the Board of Commissioners approve the financing arrangement with CCB. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPROVING A TAX EXEMPT FINANCING ARRANGEMENT FOR EXPANSION OF THE ORANGE GROVE VOLUNTEER FIRE DEPARTMENT WHEREAS, the Orange Grove Volunteer Fire Department has represented to the Board of Commissioners that it needs to expand its existing facility; and WHEREAS, the Orange Grove Volunteer Fire Department is unable to pay 6 anticipated project costs entirely with funds on hand; and WHEREAS, the Orange Grove Volunteer Fire Department is able to borrow funds to complete the financing of this building expansion at a favorable interest rate if the loan is approved by the unit of local government with which the fire department contracts to provide fire protection; and WHEREAS, the Board of County Commissioners desires to approve a tax-exempt financing arrangement between the Orange Grove Volunteer Fire Department and Central Carolina Bank, or another qualified lender; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County that said financing arrangement is approved. VOTE: UNANIMOUS B. PROCESS FOR ADDRESSING THE PROPOSED AMENDMENTS TO THE TWO ECONOMIC DEVELOPMENT DISTRICTS Commissioner Gordon said that with regard to the two economic development districts, there are two major policy questions. One deals with the location of commercial, industrial, economic development and similar non- residential activity nodes and the other deals with County Commissioners review of economic development proposals. These are both explained in detail in the agenda abstract. With regard to the first policy question, Commissioner Gordon said that the previous locational criteria in the Land Use Plan required that major commercial activity nodes be located in areas in or near population centers with centralized facilities such as water and sewer (urban nodes with urban services). The particular locational criteria on page 10a that are relevant are public services and utilities, population density, soil conditions and existing land use which would imply urban uses. She said that when the EDDs were approved with the particular land use changes, more intensive land uses in many other parts of the County that are essentially rural were also allowed. Although there were not a lot of changes for the EDDs, Commissioner Gordon feels that there are implications that need to be considered for the future. The second policy question has to do with Board review of economic development proposals. She feels that although the land is prezoned, it does not necessarily mean the County Commissioners must be removed from the review process. She feels that because the standards are fuzzy and require a lot of review, that the Commissioners should have some review function for large developments. This could be a fairly simply Special Use process where the only specific condition would be to meet the Design Standards. She made reference to the information in the agenda abstract and summarized some of the key points. She asked the Board to consider these two policy questions. Commissioner Willhoit noted that with regard to the County Commissioners getting involved in the process of interpreting whether or not the project meets the criteria in the Design Manual, that this is a good example of a need to distinguish between policy issues that the Board is suppose to be involved with and the staff applying the policy to a proposal. He feels the Design Manual is a good document which provides a much more detailed guidance that what they have had in the past. The issue of some arbitrary level over which the Board would make the decision as opposed to smaller developments is exactly the opposite of what he would suggest. The total impact of developing 200 acres is the same if it is developed as one or twenty ten acre developments. He would not reserve approval of the big developments for the Board. He feels the policies and ordinances in place address the total development regardless of its size. In fact, he feels that businesses may go the minor economic development route to avoid bringing it before the Board which would have the opposite affect of what they want to achieve. He feels the Board needs to be involved with the policy issue and then let the staff apply it as stipulated. Commissioner Gordon said that the ordinance is structured so that a major subdivision is defined to prevent putting together a lot of minor subdivisions. She feels that if something has a large affect, the Board should have a chance to review it. With regard to the policy questions, everything about the EDDs is in the Design Manual. She is not proposing that the County Commissioners worry about the small details. She is concerned about the traffic patterns, water and sewer service - major things that would impact the County -- not minor details. They would be working at a policy level. Chair Carey does not want to get involved with policy decisions that have been given to the staff to implement. The staff has more time to apply the policy decisions than the Board. He is not convinced that the Board needs to be involved once they have decided a policy issue. He suggested referring these two recommendations to the Planning Board for their review. Commissioner Insko asked if Commissioner Cordon's concern is that the Design Manual is not specific enough or that the staff will not interpret the Design Manual the way the Board wants it to be interrupted. Commissioner Gordon noted that the manual is not straight forward. If the Board is interested in pursuing these two policy questions, a detailed analysis needs to be done by the staff. If the Design Manual was very specific, the staff could do it. She feels that there will be unanticipated issues that the Board cannot perceive where there will be a lot of judgment involved and that the Board should take responsibility for large projects with the main focus of approving them in a timely manner. Commissioner Insko agreed that when there is a new concept put into place, it is hard to think through all the outcomes. Commissioner Gordon clarified that the Board would only be looking at large developments and addressing major policy questions like traffic flow and water and sewer. Commissioner Willhoit said that in order for the Board to turn down a project because of an unanticipated impact or outcome, the Board would need to be very specific. PIIBLIC COMMENTS Ann Joyner said she served on the original target committee to decide what kinds of industry was wanted. She feels that the concerns about traffic patterns and water and sewer are taken care of in the selection of the EDDs themselves. There have been many studies about water and sewer in these particular areas as well as traffic patterns and these concerns have been addressed. She asked why she, as an employer, would come to Orange County and wait 3-6 months when she can go to Durham, Person, Chatham, Caswell or Alamance County and know today whether she can move in tomorrow. Employers will not come to this County because they don't know what they can or cannot do. In answer to a question from Commissioner Insko, Ann Joyner noted that there have been studies which show that alternative systems can be even better than public sewer. Wells are also sufficient as long as the groundwater is 8 not endangered. She feels that if there are specific concerns about the Design Manual, they need to be addressed. She gave examples of businesses which did not need water and sewer. Commissioner Willhoit made reference to the Buckhorn Road area and the question of water and sewer and said that he would like to see a sanitary district established which will generate revenues to pay for the extension of water and sewer from the Efland line. This would not prohibit a small development like a bank which could operate on a septic system until sewer service is available. Creating a sanitary district will provide the mechanism for financing water and sewer. A motion was made by Commissioner Gordon, seconded by Commissioner Insko to refer the amendments as outlined in this agenda abstract to the Planning Board for their review and request that they look at alternatives for the review process besides bringing it back to the County Commissioners. The Planning Board's recommendation to the Commissioners will be made in time for the amendments to be heard at the May public hearing. VOTE: UNANIMOUS C. FUTURE PROCESS - I-40/OLD 86 ECONOMIC DEVELOPMENT DISTRICT The Board decided that a work group would be formed with two Town of Hillsborough Commissioners, two County Commissioners, two from the Orange County Planning Board, two from the Hillsborough Planning Board and two from the Economic Development Commission. Chair Moses Carey, Jr. and John Link will bring back to the next meeting a charge, process and timeline for this work group. They will also recommend a procedure for receiving input from the neighbors in this area. The County Commissioners will appoint the Chair of this work group. D. BENEFITS FOR COUNTY COMMISSIONERS This item was postponed to the next meeting. 8. PINES KNOLLS COMMUNITY DEVELOPMENT ADOLESCENT AFTER SCHOOL PROGRAM The Pine Knolls Community Center and the YMCA of Chapel Hill have jointly obtained a grant from the Greater Triangle Communities Foundation to operate an after-school program for adolescents at the Pine Knolls Community Center during the school year. They would like to continue this program during the summer and next school year. They are requesting $5,000 from the Board of County Commissioners to fund maintenance for the operation of the after school program for the next two years. A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve an allocation of $600 to the Pine Knolls Community Center to be used for maintenance for the next three months. VOTE: UNANIMOUS Albert Kittrell will help Debbie Horton of the Community Center complete the paperwork necessary to request additional funds as may be needed for the next year for this project. F. PROCEDURE FOR APPOINTMENTS TO BOARDS AND COMMISSIONS A motion was made by Commissioner Gordon, seconded by Commissioner Insko to amend the resolution which outlines the process for citizen appointees by the County Commissioners to the various County Boards and 9 Commissions by adding the following paragraph as a subsection to number 4: "When the appointments are presented to the County Commissioners for their consideration, a list of all those who have applied and are eligible for appointment will be included in the agenda. If someone is recommended for appointment, the abstract will give the source of the recommendation." VOTE: UNANIMOUS S. REPORTS A. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE'S ANNIIAL REPORT Randy Brantley, Chair of the Domiciliary Home Community Advisory Committee introduced the regional ombudsmen who work and train members of the Domiciliary Home Advisory Committee. He summarized the report as included in the agenda abstract. He asked for help in gaining access to documents located in the Department of Social Services. Also, the Committee encourages the Department of Social Services to accept the Elder Abuse Funds allocated for the Triangle J Region early in the fiscal year. The Board received this annual-report and commended the Committee for their dedication and hard work. B. COUNTY COMMISSIONERS' UPDATE - ORANGE COUNTY VISITORS BUREAU Shelly Green, Director of the Visitors Bureau gave this report to update the Board of Commissioners on the progress of the Chapel Hill/Orange County Visitors Bureau. This Bureau has been operational for approximately 20 months. The 1993-94 marketing plan outlines the current program of work for the Visitors Bureau. It includes an assessment of the current situation, trends in the travel industry, specific goals and programs to be implemented in 1993-94 and a competition analysis of other communities. Promotional materials produced in the first year of operation includes a comprehensive Visitors Guide to Orange County, a Guide to Accommodations, and a Calendar of Events produced six times annually. C. POLICY BTATEMENT: SUSTAINABLE DEVELOPMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adopt a policy statement listed below for inclusion in the County's Land Use Plan and Economic Development Design Manual: POLICY STATEMENT TOWARD A SUSTAINABLE COMMUNITY Orange County is committed to the concept of a sustainable community. A sustainable community uses and protects its human and natural resources to meet current needs while ensuring that enhanced community assets are available for future generations. It seeks improved public health, an informed citizenry, and a better quality of life for all of its residents by promoting efficiency, conservation, pollution prevention, and developing local resources to strengthen the local economy. sustainable Community Principles Interdependence: Integrate long-term economic environmental, and social considerations into all decisions to reflect their inherent interdependence. .~ 10 Partnership: Invite cooperation and unify efforts between governments, business, nonprofit organizations, environmentalists,citizens and others to address interdependence. Stewardship: Balance resource use and conservation between present and future generations so that future generations are not compromised. Diversity: Maintain diverse biological, economic, and social systems. Prevention: Anticipate and prevent social, economic and environmental problems rather than attempt to solve them after the fact. Equity: Ensure all community members equal opportunities to contribute to the economy, enjoy the environment and participate in decisions that affect them. Responsibility: Ask all community members to take responsibility for sustaining their community, and environment. VOTE: UNANIMOUS D. OVERVIEW OF ARTSCENTER'S CAPITAL CAMPAIGN Fred Good said that the ArtsCenter will embark on a major fundraising campaign in an effort to purchase the building in which they are located. They have asked a major foundation to up-front $300,000 for the purchase of the building. They will then ask the Towns of Chapel Hill and Carrboro and Orange County to enter into a service contract with the ArtsCenter. The funds received for the services provided will be used to repay the initial investment by the foundation. They are asking $20,000 from Orange County. He asked for the County Commissioners' support for their plan to purchase the facility. John Link stated that he supports their effort. Commissioner Willhoit said he liked the plan and hopes the County can participate. XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. E%ECUTIVB SESSION - CONSULTATION WITH ATTORNEY A motion was made by Commissioner Insko, seconded by Commissioner Gordon to go into executive session for the purpose of consulting with the attorney. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Chair Carey to reconvene into regular session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for the Board's consideration, Chair Carey adjourned the meeting. The next regular meeting will be held on April 4, 1994 at 5:30 p.m. at the Pleasant Green .Community Building in Eno Township. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk