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HomeMy WebLinkAboutMinutes - 19990309APPROVED 11/17/99 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting March 3, 1999 The Orange County Board of Commissioners met in regular session on Wednesday, March 3, 1999 at 7:30 p.m. in the F. Gordon Battle Courtroom located at 106 E. Margaret Lane, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board discussed and decided to move item 10a upon the agenda for consideration before item 9c. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon asked that citizens who wish to speak to items on the printed agenda to please sign the clipboard at the back of the room so they will not be overlooked. b. Matters not on the Printed Agenda Craig Lloyd, Director of the Hillsborough Chamber of Commerce, mentioned that they are hosting a team for the Special Olympics which will take place in Orange County June 21-25, 1999. He asked that the County Commissioners consider making a contribution or an in-kind contribution like transportation. He will submit his request in writing. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis gave an update on the Campos situation. He mentioned that he received a letter from the U.S. Department of Justice, Immigration and Naturalization Service indicating that they cannot share information because of the privacy act. He will follow up with a letter. Commissioner Halkiotis asked about the FEMA money that came to the County to be used for cleaning the river after Hurricane Fran. He noted and showed some pictures of trees across a creek. He asked for an update on how much money was received, how it was spent and what was accomplished. Commissioner Halkiotis made reference to a newspaper article in the N&O about Shearon Harris and CP&L's negative comments about Orange County. Commissioner Jacobs made reference to the agricultural summit. Three County Commissioners attended. There were about 100 people. Comments were very positive and progress was made in sharing ideas. He looks forward to working with the County Commissioners and the Extension Service to do another summit in the fall to address some of the concerns expressed by the farmers. They circulated a survey which he hopes will help the County Commissioners set goals for the agricultural areas of the County. Commissioner Carey made reference to the agricultural summit and their need for capital to finance alternatives to tobacco farming. He will share some information he got from the Legislative Conference about some program ideas which he feels can benefit Orange County. Commissioner Brown made reference to the ABC Board and the retirement issue and said that she attended an Alcoholic Beverage Control (ABC) meeting with Personnel Director Elaine Holmes and John Link. They are waiting for a response from the ABC Board on what they plan to do about this issue. It was the consensus of the Board that Commissioner Halkiotis, liaison to the ABC Board, will monitor this situation and try to speed the process along to a positive conclusion. Commissioner Brown made reference to our intervention in the CP&L application and asked if Chair Gordon could develop some strategies for a meeting with the consultant to look at our options. She suggested having a public meeting in the Chapel Hill Council chambers where the consultant could give his report to the public. She feels it is important to get information out to the public. The meeting could be televised to reach a larger audience. Chair Gordon said that CP&L's response is disappointing. All Orange County has tried to do is get a public hearing because there are really important issues to be dealt with here. She expressed concern about this situation. Chair Gordon said that she attended a meeting with officials from Durham, Chapel Hill and Carrboro that was hosted by Secretary Tolson. The reception was favorable. They asked for additional monies for bicycle paths. Commissioner Halkiotis made reference to the public hearing last week and the comments about the traffic on Highway 70. He said that there was a tractor trailer blocking the highway and traffic was backed up for miles. Chair Gordon made comments about the Legislative Briefing she attended in Washington and the session on Y2K. She said that the Agricultural Summit was very impressive. 4. COUNTY MANAGER'S REPORT John Link asked that the County Commissioners join him in recognizing Health Director Rosie Summers and the health staff who addressed the hepatitis alert and worked very hard. Thirty five County employees, most from the Health Department, worked over a weekend and a holiday to serve and immunize 1300 citizens. Rosie Summers came forward and identified her staff and others from the different agencies who volunteered to help with this situation. 5. RESOLUTIONS/PROCLAMATIONS a. Proclamation for Women's History Month The Board considered proclaiming March 1999 as Women's History Month in Orange County. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the proclamation for Women's History Month as stated below: THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our nation; and WHEREAS, American women have played and continue to play critical economic, cultural, and social roles in every sphere of the life of the Nation; and WHEREAS, American women served as early leaders in the forefront of every major progressive social change movements; and WHEREAS, these contributions have been historically overlooked and undervalued in the literature, teaching, and study of American history; and WHEREAS, women in Orange County have made and continue to make significant historical contributions to our community, state, and nation; NOW THEREFORE, do we, the Commissioners of Orange County, proclaim the month of March, 1999, as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Public Hearing on 1999 Legislative Goals The Board conducted a public hearing on a proposed resolution outlining the Board of Commissioners' recommendations to the Orange County legislative delegation on initiatives for the 1999 long session of the North Carolina General Assembly. County Attorney Geoffrey Gledhill summarized the two resolutions which contain the acts explaining what is being requested from the legislation. Gloria Faley spoke in support of the Impact tax because she feels it would be fair to families and support the growth in the schools. Also, she supports adding Lesbian and Gay to the protected classes especially in light of the hate crimes which have increased. She made reference to the domestic partners insurance and her request for the County to provide this insurance for County employees. It was referred to the Human Relations Commission several months ago. She asked that this be moved up on their agenda. With reference to the entertainment tax, Commissioner Jacobs suggested that this be a statewide tax. Geoffrey Gledhill suggested moving it into the other resolution. Since three County Commissioners decided not to support this for local legislation, it was dropped from consideration. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis, to approve the resolution without the entertainment tax. A copy of this resolution is incorporated herein by reference. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the second resolution with a notation that there will be additional information added to both parts of this resolution. VOTE: UNANIMOUS b. Orange County Consolidated Housing Plan Update The Board held a public hearing on proposed housing and non-housing needs to be included in the 1999- 2000 annual update of the Consolidated Housing Plan for Housing and Community Development programs and proposed uses of 1999-2000 HOME funds. Housing and Community Development Director Tara Fikes said that Orange County does not do urgent repairs because HUD requires that the house be "up to standard" at the completion of the work. Urgent repairs would not take care of everything that needs to be repaired to cause the property to be up to standard. Commissioner Carey asked that this be included in the comprehensive plan because he feels we need to address this need. Tara Fikes said that they could address this need through local funding instead of federal funds. One possibility is the housing bond monies or another local funding mechanism. John Link said that we could ask the General Assembly for specific money for this purpose. Commissioner Carey would like to add to the list of local legislation a request for specific funds to be used for urgent repairs. Commissioner Jacobs agreed saying that he would like to see us address the backlog. Chair Gordon asked that staff develop local legislation for urgent repairs and single family rehabilitation and bring back to their March 16th regular meeting. Public Comments were heard Pat Connelly from OPC Mental Health requested $150,000 to assist the neediest people who suffer from mental illness. She is looking for money to help with rent assistance or whatever the County Commissioners can help her with. Robert Dowling, Executive Director of Orange Community Housing Corporation, said that they resolved their problems from last year. This year they are embarking on two development projects: the Scarlett Drive Townhomes and the Meadowmont Townhomes. Scarlett Drive will consist of 14 homes and will be the first landtrust development in Orange County. Meadowmont will consist of 32 homes. They anticipate breaking ground on both developments later this year. They need substantial subsidy for these two projects. He requested $230,000 of HOME funds for fiscal year 1999-2000. He said that though this represents a large percentage of the available funds, it is only a small part of the funding needed to make these homes affordable. Commissioner Brown asked about Meadowmont and clarified that the land is being donated. She said that the town houses sell for $122,000 which includes the $3,000 impact fee. Lane Sarver, private consultant, asked for inclusion of the First Baptist Church HUD Section 202 application in the 1999 Consolidated Plan annual update. By consensus the Board received the comments. The plan will be updated and brought back to the Board for decision in May. 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as listed below: a. Appointments This item was removed and placed at the end of the Consent Agenda. b. Minutes The Board approved the minutes of its December 1, 1998 regular meeting. c. Village of the Oaks, Section Five Preliminary Plan The Board approved a preliminary plan for section five of Village of the Oaks, a proposed 19.43-acre subdivision in Bingham Township near the intersection of Mebane Oaks Drive and Bradshaw Quarry Road with the conditions in the Resolution of Approval. d. Carl and Teresa Chambers Subdivision Preliminary Plan The Board approved a preliminary plan for a proposed 19-acre subdivision in Cedar Grove Township on the north side of Carr Store Road between N.C. 86 and Eno Cemetery Road with the conditions in the Resolution of Approval. e. Property Tax Value Changes The Board approved the list of requests for property tax releases as attached to these minutes. f. Property Tax Refunds The Board approved 11 requests for property tax refunds as listed below: NAME ACCOUNT# AMOUNT Coachwood Associates I 54992 $ 56.54 Samuel Zell, Trustee 211670 $ 1,755.39 Marybeth Dennett 198975 $ 1,425.84 Randy W. Beck 172729 $ 63.50 Tara L. Bradshaw 222189 $ 268.06 Coachwood Associates Phase I 93828 $ 2,210.21 Tar Heel Manor Assoc. 43583 $18,291.81 John M. Roberts 203724 $ 241.92 Wachovia Auto Leasing Company E101760 $ 125.06 Albert Brandt Schraner F5347 $ 24.48 Dennis Wayne Cross E55826 $ 27.40 g, Modification to Contract with Equal Employment Opportunity Commission (EEOC) The Board approved and authorized the Chair to sign a contract modification with the Equal Employment Opportunity Commission for services performed by the County in fiscal year 1999 under awork-sharing agreement. h. Request for Proposals -Publication of Orange County Architectural History The Board approved issuing a request for proposals for publication of the Orange County Architectural History. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA a. Appointments A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the appointments as stated below: Adult Care Home Community Advisory Committee Charron Andrews was appointed for a term ending March 3, 2000. Board of Health This appointment was postponed. The County Attorney will look at the General Statutes regarding the terms of office. Commission for Women Kathie W. Young was appointed for an unexpired term ending June 30, 2000. Nursing Home Community Advisory Committee Patricia Earnhardt was appointed for a term ending March 3, 2000. Personnel Advisory Board G. Kenneth Morgan was reappointed for a term ending June 30, 2000. Patrick Marshall was appointed for an unexpired term ending June 30, 2000. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. New Land Resources Conservation Manaaer Position for the Environment and Resource Conservation Department per Dec. 1, 1998 BOCC Action The Board considered approving a new permanent full time land resources conservation manager position in the Environment and Resource Conservation Department at salary grade 73 ($38,330-$60,947). Personnel Director Elaine Holmes presented background information on this request. Commissioner Halkiotis questioned the salary grade level and asked why this position was placed in this grade level. He feels that this salary is too high for this position. John Link said that he feels that grade level 73 is realistic considering the educational background required for this position. Chair Gordon said that she feels that this is a high level job which would warrant a grade 73. Commissioner Brown suggested a time limited position for up to four years. The Board decided to bring this back for further consideration. b. Woodgreen Subdivision Preliminary Plan The Board considered a preliminary plan for the Woodgreen subdivision located on a 30.7-acre tract in Cheeks Township near the intersection of Dimmocks Mill and Moorefields roads. Planning Director Craig Benedict introduced this item. Planner Karen Lincoln said that the applicant proposes to subdivide the 30.7 acres into 25 new residential lots with an average lot size of 1.03 acres. The proposal includes 11.04 acres or 36% open space. Commissioner Brown asked questions about the septic systems and Karen Lincoln showed on a map the types of systems recommended by Environmental Health. Commissioner Halkiotis asked that the County develop a process to monitor conservation areas to be sure that they are preserved. Karen Lincoln said that the maintenance of the open space area is usually the responsibility of the homeowners association. Commissioner Jacobs asked about the 40-foot buffer and who would be responsible for maintaining that buffer. Craig Benedict said that he will work with the County Attorney to draft language for the resolution to require maintenance of that buffer area until such time that the homeowners association takes over that responsibility. Mark Barr, Land Surveyor, said that he feels that the questions about landscaping are covered in the County's Subdivision Ordinance. Griffin Graves, attorney representing the developer, said that he is willing to work with the County Attorney to include whatever conditions are necessary in the restrictive covenants. Commissioner Jacobs feels that our flexible development ordinance is a disaster and this subdivision is an example of how the flexible development guidelines are not working to the benefit of rural neighborhoods. He feels that the County Commissioners need to start addressing the concerns associated with our flexible development guidelines. The County Commissioners decided to bring this back for further discussion at their next meeting. c. County Resaonse to OWASA Reauest for Comments Relative to its Utility Extension and Assessment Position Paper The Board considered a draft letter to OWASA replying to the utility's request for a County response on its proposed utility extension and assessment policy. Commissioner Jacobs suggested adding to the end of the second paragraph verbiage to provide social equity and help people who cannot afford to hook onto water and sewer. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to authorize that the letter be revised and circulated to the Board members for their comments before sending it out. VOTE: UNANIMOUS d. Proposed OWASA Reimbursements to Orange Grove Volunteer Fire Department The Board considered a request for input from OWASA regarding proposed payments by OWASA to the Orange Grove Volunteer Fire Department. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve OWASA's request to make an annual payment to Orange Grove Volunteer Fire Department. VOTE: UNANIMOUS 10. REPORTS a. Resort on Chatham County's Reauest to Access its Jordan Lake Water Allocation throuah OWASA's Jordan Lake Property and Approved Intake Location The Board heard a report on Chatham County's request to access its Jordan lake water supply through OWASA's Jordan Lake property and responses to the plan from the towns of Chapel Hill and Carrboro and consider approval of a draft letter to OWASA outlining the County's response. County Engineer Paul Thames gave background information on this item. Chatham County is asking assistance from OWASA which will allow them to withdraw their full allocation of 6 mgd from Jordan Lake. THE MEETING WAS CONTINUED FOR TEN MINUTES Commissioner Jacobs presented a revised draft letter for the Board's consideration. Commissioner Carey said that he feels the changes made by Commissioner Jacobs are reasonable and supports the revised draft. Commissioner Brown made reference to a meeting she had with two Cary elected officials. They told her that they have not had communications with Chatham about providing them with additional water. She suggested that before the County responds that other options be explored. She has great reservations about using OWASA money to provide water to Chatham. She feels we need to encourage Chatham County to negotiate with the town of Cary and also to explore other options. Commissioner Halkiotis feels that instead of building intakes, other options need to be explored. He has some unanswered questions. Chair Gordon feels the County Commissioners should spend some time discussing the possibility of the state taking over the western intake and how they would do it. Commissioner Carey made reference to the proposed letter and said that he does not feel that at this point it would serve us to be specific. He does feel that we can still talk to Chatham County about all the options on the table but that we owe Chatham County a response and should not be presumptuous to tell Chatham with whom they should talk. He supports the letter as revised by Commissioner Jacobs. Commissioner Brown agrees with not being specific in this letter. She feels the letter should encourage continued meetings with Chatham in an effort to get an understanding of the issues. She would like to talk about the University Lake watershed. Chair Gordon suggested taking the comments received tonight, get additional information on the intake and come up with a letter for the next agenda. It was decided that this would be placed on the next agenda for further discussion and consideration. b. High School Construction Standards Task Force Recommendations The Board was to hear recommendations from the High School Construction Standards Task Force on standards to be observed in design and construction of new high school space. However, this item was postponed and will be placed on a future agenda. 11. APPOINTMENTS The appointments were postponed to the next meeting. 12. MINUTES -NONE 13. CLOSED SESSION -NONE 14. ADJOURNMENT With no further items for the Board to consider, Chair Gordon adjourned the meeting. The next meeting on the approved calendar of meetings is scheduled for Tuesday, March 9 at 7:30 p.m. at the Government Services Center in Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A Blythe, Clerk