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HomeMy WebLinkAboutMinutes - 19890418cam; ~ I~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING '~ TUESDAY, APRIL 1$, 1989 The Orange County Board of Commissioners met in regular session on April 18, 1989 at 7:30 p.m. in the courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners. Stephen Halkiotis, Jahn Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Planner Gene Bell, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Purchasing Director Pam Jones, Finance Director Ellen Liston, MPA Tntern Beth McIver, County Engineer Paul Thames, and EMS Director Phillip "Nick" Waters. A. BOARD AND MANAGERS COMMENTS Chairman Carey made the following changes to the agenda: (1) Corrected Resolution #2 adding to the third WHEREAS "the Orange County Master Recreation and Parks Plan and the Rural Gharacter Study" and moved this item to report #2. (2) Added to the Agenda as item #G6 "Budget Work Sessions" June, 1989. (3) Added to Appointments the Advisory Board on Aging and the Orange County Planning Board. •,, County Manager. John Link introduced to the Soard members Nick Waters, the new EMS Director. -` B. PUBLIC GOMMENTS 1. Matters on the Printed A_e~ nda Chairman Carey announced that those in the audience who would like to speak to an item that is on the printed agenda will be recognized at the appropriate time. 2. Matters not on the Printed A enda None C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the minutes for February 27, 1989-Quarterly Joint Public Hearing as corrected. VOTE: UNANIMOUS. PUBLIG CHARGE Chairman Moses Carey read the public charge D. RESOLUTTONS OR PROCLAMATIONS 1. Commitment to Affordable Housing Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the resolution stated below: RESOLUTION OF GOMMITMENT TO AFFORDABLE HOUSING WHEREAS, Orange County has requested that legislation be introduced to the 1989 General •. Assembly which would authorize the County to levy a tax on the impact of land development within the County, except within the Town of Hillsborough; and WHEREAS, this legislation has been introduced by Representatives Ann Barnes and Joe Hackney; and WHEREAS, revenue generated from this tax would be used to finance the costs of capital facilities required by growth; and WHEREAS, the legislation wauld repeal local acts authorizing local governments in Orange County to levy impact fees; and WHEREAS, the Orange County local elected officials recognize the potential effect the enaction of a land development impact tax could have upon the development and/or availability of affordable housing in the County; and WHEREAS, these officials recognize their inability to control the total cost of housing development and that housing for low and some moderate income families usually require some form o£ public subsidy to bring the cost within their reach. THEREFORE, BE TT RESOLVED, the Orange County Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen pledge to the citizens of Orange County that: 1. The availability of affordable housing will continuously be a priority goal. 2. The development of affordable housing will be encouraged by the provision of planning initiatives and incentives and technical assistance to potential affordable housing developers. 3. Participation in available state and federal housing and community development programs will be optimized by the leveraging of local funds when possible. VOTE: UNANIMOUS 2. RESOLUTION TO PRESERVE NEW HOPE GREEK OPEN SPACE CORRIDOR THIS ITEM WAS MOVED TO ITEM 2 UNDER REPORTS. E. REPORTS 1. RENAMING OF HUMAN SERVICES BUILDING County Manager John Link presented a report on the renaming o£ the Central Human Services Building in Hillsborough. A request had been received to name the building after Richard Whitted, a former County Commissioner. The Board directed the County Manager to schedule a public hearing for June 5, 1989. 2s RESOLUTION TO PRESERVE NEW HOPE CREEK OPEN SPACE CORRIDOR (A copy of this resolution is in the Permanent Agenda Files in the Clerk's Office.) Chairman Carey presented for Board consideration this resolution as a report. The Board acted on this item in principal almost a year ago which gave sufficient time to allow County staff to work with the planning staffs and individuals from Chapel Hill and Durham City and Durham County to help develop this proposal. Elected representatives of Orange County, Durham County, City of Durham, Chapel Hill and Carrboro have met and set a ,~.. ~_. ..~J goal of establishing a New Hope Creek open space corridor. Each County and municipality will support and fund the project in a proportionate manner. The administration of each -~~- jurisdiction is to prepare detailed plans for this project, which will identify the exact route, the amount and location of land and easements to be acquired, responsibility for ~!. acquiring, possible funding sources, and preparation of a timetable for completion. The Board members. spoke in support of this project. Because of the cost implications, it was the consensus of the Board to refer this to the County Manager for a recommendation on timing and funding. F. ITEMS FOR DECISIONS--CONSENT AGENDA Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve those items on the Consent Agenda as stated below: (Copies of all documents are in the Permanent Agenda Files in the Clerk's Office.) 1. GRANT AGREEMENT--NCDOT AVIATION Approve the grant agreement with NC-DOT-Aviation for $45,787, contingent upon approval by the County Attorney. 2. FIREWORKS PERMIT-TOWN OF CARRBORO Approve a fireworks permit for the Town of Garrboro's Annual 4th Celebration, contingent upon submission of proof of general liability insurance coverage. 3. ANNUAL CONTRIBUTIONS CONTRACT SECTION 8 HOUSING VOUCHER PROGRAM To adopt the resolution stated below authorizing execution of the Section 8 Housing Voucher Program's Annual Contributions Contract. RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT WHEREAS, the Orange County Housing & Community Development Dept. (herein called the "PHA":::;...±„ proposes to enter into an Annual Contributions Contract (herein called the "Contract") `-~ with United States of America, Department of Housing and Urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A2903-V, is hereby approved and accepted both as to form and substance and the Chair of Board of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the Board of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. 4. BUDGET ORDINANCE AMENDMENT #8 To approve amendments to the 1989-90 Budget Ordinance by the changes stated below: GENERAL FUND to budget for special bond election Source - Charges for Services $ 10,500 Appropriation - Community Maintenance $ 10,500 GENERAL FUND to budget for additional State grants for the Health Department Source - Intergovernmental Revenue $ 50,362 Appropriation - Human Services $ 50,362 GENERAL FUND to make technical correction to Budget Amendment #6 Source - Intergovernmental Revenue $ 200 Appropriation - Contributions to Outside Agencies $ 200 5. CHILD SUPPORT ENFORCEMENT .ATTORNEY CONTRACT Approve a contract with Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave, Attorneys at Law for providing legal representation for Child Support Enforcement for July 1, 1989 to June 30, 1990. 6. TRANSFER OF CONGREGATE NUTRITION MEAL ALLOCATIONS Endorse the transfer of 5,980 Congregate Nutrition Meal allocations to Chatham County from Orange County. 7. PETITION FOR ADDITION--ROAD IN WILLOW RIDGE SU$DIVISION Approve the addition of Horseshoe Circle in Willow Ridge Subdivision to. the State- maintained Secondary Road System. VOTE: UNANIMOUS. G. ITEMS FOR DECISION--REGULAR AGENDA ~ SELECTION OF RESERVOIR SITE Planning Board Chair Barry Jacobs presented two motions made by the Planning Board at their meeting held April 17, 1989. He read the two motions. They are as follows: 1. The Planning Board wishes to express its dismay at the process by which the Board of County Commissioners has apparently arrived at choosing a reservoir site in Central Orange County. We believe, as apparently does Commissioner Marshall, that the Planning Board is a key component in the land use planning process and as such should have been formally included in ascertaining the facts of the situation apart from political considerations. Moreover, we question whether the County has adequately developed a conceptual framework for water resource management, including assured protection of the Eno River and short term plans for utilizing existing excess water capacity in neighboring areas. We do applaud efforts to include joint land use planning with Hillsborough as a prerequisite to developing a reservoir. We appeal to the members of the Board of County Commissioners to consider deferring final designation of a reservoir site pending a recommendation by the Planning Board and development of a detailed comprehensive water strategy. The motion was seconded by Sharlene Pilkey. The vote was 6 in favor to 1 against. The opposing vote, Steve Yuhasz, stated he is not in favor of making joint planning with Hillsborough a prerequisite for selection of a reservoir site. 2. If the Commissioners decide to make a decision on a reservoir site on Tuesday night, April 18, 1989, the Planning Board recommends, on the basis of the engineering reports and the recommendation of the Reservoir Site Selection Committee, the McGowan Creek alternative to be the site of choice. The motion was seconded by Chris Best. The vote was 4 in favor to 3 against. r..>.~ ~ The opposing votes, Virginia Boland, Mike Lewis and Steve Yuhasz, stated that they did not feel they had adequate information to make a recommendation on a reservoir site. They noted that this opposing vote did not indicate that they would select Seven Mile Creek as the preferred site. Chairman Carey emphasized that while the Board did not ask the Planning Board to make a recommendation, it does not mean that this Board does not believe that this decision does not have land use implications and land use planning decisions directly and closely related to future reservoir water resources. Commissioner Hartwell made a statement in support of the Seven Mile Creek Site for a new reservoir. A complete copy of this statement is in the permanent agenda file in the Clerk's Office. Chairman Carey referred to the chart in the agenda entitled "summary comparison of alternative reservoirs" and stated that this will help determine which site to proceed on first. He believes in the long run that the County will need bath sites and he stated that both sites need to be preserved for this purpose. He does not advocate that the historic structures be damaged. He stated his decision is to proceed with the Seven Mile Greek site first. Commissioner Marshall agreed that both sites may be needed in the future but feels that a smaller reservoir may be possible without flooding the historic sites. She questions the capacity of the wastewater treatment plant and stated that before a second reservoir is built additional capacity will have to be available for wastewater treatment.:.:.: She endorsed the Seven Mile Creek site for the reservoir stating it is more land efficient-' to use the drainage basin.' Commissioner Halkiotis stated that he feels both sites will be necessary in the future. He feels that a smaller impoundment is possible without threatening the historic structures. Commissioner Willhoit summarized the events leading up to this decision and in particular what has happened to protect the watershed. The Seven Mile Creek site has continually been the preferred site in the studies that have been done. He feels that the carrying capacity of the upper Eno River basin and the level of life it can support is questionable. The limits of this carrying capacity would determine if another reservoir may be needed or if the pipeline to the Jozdan will be necessary in future years. He endorsed the Seven Mile Creek site. The County Engineer responded to a list of questions from Planning $oard Member Chris Best. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall that Seven Mile Creek be selected as the site for the future reservoir for the Eno Basin. VOTE: UNANIMOUS. John Link will present to the Board an overall plan for the reservoir within the next two weeks. 2. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM Planner Gene Bell presented for endorsement the proposed transportation system improvement requests by the Towns o£ Chapel Hill, Carrboro, and the Orange County Department on Aging. These will be presented to the N.C. Board of Transportation at their annual meeting scheduled for May 1. Commissioner Willhoit stated that one item brought about with the joint discussions with Chatham had to do with the widening of 15-501 from Chapel Hill out to the Chatham County Line. The DOT Thoroughfare Plan calls for a connector going from 15-501 over to the vicinity of the I-40 interchange in Durham County. There is some controversy in Chatham County over the location of that connector. He suggested that they coordinate the widening of 15-501 with the connector. He urged that the $oard support better coordination between the priorities set by the different DOT districts and the Gounty. He would like to suggest that when they widen 15-501 that it be a package project contingent upon a connector being included from 15-501 over to the I-40 Interchange area. He further suggested that a joint process be developed whereby local governments can make those decisions which cross DOT regional boundaries. ' Commissioner Marshall suggested stating that the widening of 15-501 be accompanied by a connector being included in the request. Chairman Carey attended the DOT meeting in Chatham County last evening and indicated there was a new report. with figures that convinced the Chatham County officials that a connector was needed. This needs to be studied further with updated figures before making this widening contingent upon the connector. Planner Gene Sell made reference to the coordination of DOT across district lines and stated that on May 1st, a revised DCHC Thoroughfare Plan would be presented and it will be presented to Chatham County the middle of the month. Motion was made by Commissioner Marshall, seconded by Chairman Carey_to authorize Commission Chair or designee to attend the Transportation Improvements Program hearing and speak in support of improvement needs identified by municipalities as. well as those identified by the County to include the above suggestions. VOTE: UNANIMOUS. - 3. CONSTRUCTION ANA EQUIPMENT REQUIRED FOR IMPLEMENTATION OF ENO RIVER CAPACITY USE MONITORING AGREEMENT John Link presented information on the construction and equipment needed to monitor the withdrawal of water from the Eno under low flow conditions. This is in conjunction with the Capacity Use Agreement with the Tawn of Hillsborough, Orange/Alamance Water Systems and Piedmont Minerals. The County will pay for the Lake Orange and Hillsborough monitoring station and construction equipment in total and advance the funds for construction and equipment at Corporation Lake and Lake Ben Johnston. The advanced funds are to be paid back to the County by Hillsborough, Orange/Alamance and Piedmont Minerals over three years, in three equal payments without interest charges, based on the proportion of the flow that each entity uses. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiatis to approve the County Manager's recommendation as stated above. VOTE: UNANIMOUS. 4. REVISED IMPACT TAX LEGISLATION County Attorney Geoffrey Gledhill suggested two technical amendments: (1) Section I (1a) change it to. read dwelling units and assessory structures, and (2) Section I (lc) where it refers to governmental owned buildings, change it to read buildings owned by the United States, the State of North Carolina, any county or any municipal corporation. He suggested the deletion of the development definition as stated on page three which states that land development shall not include construction or publicly owned or publicly assisted dwelling units intended for occupancy by low or moderate income persons. He suggested that the district be called in the bill "a body politic incorporate" with some minimal corporate powers such as the right to contract, the right to sue and be sued, etc. so that it would have powers of a governmental entity. He indicated that the notion is to allow municipalities that are not presently included to opt in by resolution of the governing boards of those municipalities. __.,, ~... .-_,1 Chairman Carey stated that this option would help deal with the concerns that the legislative delegation has expressed and would serve as an overlay for non-school capital..,-:, construction purposes. The municipalities would be allowed to opt in by resolution. This would create a two-teen.system -- one that would be applied countywide for school capital construction purposes and another that would have one ar more holes based on whether or not one or more of the municipalities decides not to opt in. Commissioner Willhoit expressed a concern that for school construction this tax would not be countywide. School funding is a countywide issue and something the Commissioners are charged with. He feels the two district approach is the best solution with one district countywide for school capital and the other one with the option to opt in by resolution. Chairman Carey feels the two district approach is a viable option . Gledhill stated that if a countywide impact tax for schools had the support of all the local governments and the town it would not have to be a district at all. The only reason for the creation of the district is that there is not support for the Impact Tax everywhere in the County. He stated that the 25~ figure that would be retained by the County was determined by taking schools into consideration. That number would have to be discussed. The twenty-five percent includes in addition to schools, county facilities that are used by all people in the county that some of that twenty-five percent could be used for. In answer to a question from Chairman Carey, Gledhill indicated that the bill that is in Raleigh naw would need to be amended to create the district and to have an impact tax countywide for schools. Mayor Cates spoke on behalf of the Town of Hillsborough opposing the Impact Tax. Commissioner Hartwell stated he does not favor the proposal being. presented. His objection centers around the fairness to schools. The only way he could support this is if it is for schools and countywide. He does not think this tax would raise a large - amount of money and the complexity and symbolic aspects of it don't please him. With reference to Slue Cross - Blue Shield, there are plans to expand that facility and they don't feel that this expansion will bring on the need far mare schools in Orange County. They feel they would employ local people, add to the tax base and the economic vitality of the Town and the County and therefore alleviate and not aggravate the problems of the County. With reference to residences, it does not help provide affordable housing. He would support a plan that was countywide, funded only schools and had no special governmental districts. Commissioner Maxshall stated that one of the problems about the statements made about affordable housing is that the cost of affordable housing is viewed up front instead of the year-by-year maintenance of affordable housing. There is enabling legislation for impact fees but instead of having everyone go theix separate ways on impact fees, it was decided to go together. Without the impact tax, the County will need to move toward the impact fees or continue to put the burden on the ad valorem tax which is hurting people who have been here a long time and also those who bought a house yesterday. While the County understands schools and the impact of the schools, the municipalities don't always understand that relationship. Commissioner Halkiotis noted. that there was an agreement at the public hearing on the proposed Impact Tax legislation that samething needs to be done and someone needs to take the first step in saying what that should be. He discussed affordable housing stating that there is no affordable housing in this County. Discussion ensued on changes to the proposal to allow Hillsborough to opt in if they desire to da so at a later date and to amend the bill to include an impact tax for schools countywide and include a tax district for other services eliminating the schools. The County Attorney will revise the bill to include these suggestions. It was the consensus of the Soard to continue this item to Monday, April 24 at 6:30 in Superior Courtroom, Hillsborough, North Carolina. 5. LOCAL LEGISLATION Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to authorize the preparation of an amendment to House Bill 9I5 to permit Orange County to provide in its land use ordinances for stop work orders to remedy violations of those .ordinances and to authorize the Chair to request the amendment from the Orange County Legislative Delegation. - VOTE: UNANIMOUS. 6 BUDGET WORK SESSIONS (The calendar of dates is in the permanent agenda file in the Clerk's Office) It was the consensus of the Board to approve these dates. A definite schedule will be presented at a later date. H. APPOINTMENTS HUMAN RELATIONS COMMISSION - Jerry Salak - Chapel Hill Representative ADVISORY BOARD ON AGING - Alice McAdoo ORANGE COUNTY PLANNING BOARD - Jean Hamilton was moved from an AT LARGE representative to the Ena representative, Mike Lewis was reappointed as an AT LARGE representative, Virginia Boland was reappointed as the Cedar Grove representative, and Pegge Abrams was appointed as an AT LARGE representative. I. ADJOURNMENT With no further items for consideration the meeting was continued to April 24, l9$9 for the purpose of considering a decision on the proposed Impact Tax Legislation. The next regular meeting of the Board will be held on May 1, 1989 at 7:30 p.m, in the ~~ Courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chairman Beverly A. Blythe, Clerk