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HomeMy WebLinkAboutMinutes - 19900417 31 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 17, 1990 The Orange County Board of Commissioners met in regular session on April 17, 1990 at 7:30 p.m. in the courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice-Chairman Stephen Halkiotis, Commissioners John Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY PRESENT: Marilyn E. Tomei STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Planner Gene Bell, Clerk to the Board Beverly Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Planner Jim Hinkley, Purchasing and Central Services Director Pam Jones, Tax Assessor Kermit Lloyd, Planning Technician Beth McIver, Department on Aging Director Jerry Passmore, Planner Mary Scearbo and County Engineer Paul Thames. NOTE: COPIES OF ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. BOARD COMMENTS Commissioner Hartwell informed the Board of a bill that has passed the legislative study committee on surface water quality that will be introduced in the short session. This bill may have a direct bearing on the ability to transfer water from OWASA to Hillsborough. The bill calls for a one year moratorium on interbasin transfers statewide from any named river or its tributary to any other named river. He stated that the bill is shortsighted and would have ramifications on many counties. Commissioner Marshall suggested encouraging the state to work out the interbasin transfer dilemma. Commissioner Hartwell indicated his testimony encouraged a long range look at the state's water policy. It was decided that a letter would be written to all the legislators requesting that they take a comprehensive look at the State's water law. Commissioner Halkiotis referred to an article in the newspaper about equity and what the people in northern Orange want from education. He asked if this option had ever been considered for a vote from the people. John Link indicated that topic had not been considered in the last eighteen months. Commissioner Halkiotis asked that this be done. Chairman Carey referred to a request from the Hazardous Waste Commission that the County appoint an advisory committee to advise the Board of Commissioners on the possible selection of Orange County as a site to locate a hazardous waste site. The Board designated the Environmental Affairs Board to serve in this capacity if Orange County is chosen as a site. The charge for this Board will be reviewed and the Board reactivated. Paul Thames will serve as staff support. He will prepare a response to the State indicating why the sites in Orange County are not suitable for hazardous waste. II. COUNTY MANAGER'S REPORT County Manager John Link referred to the objectives for 1990 which include the computerization of Human Services and the creation of a master index file that can be used and made accessible to all the human service agencies without having to duplicate data. Funding sources are available for this project and the County will seek this funding which could amount of $20,000. 32 III. ADDITIONS OR CHANGES TO THE AGENDA ADDED UNDER X - CHARGE FOR EAS YES COMMITTEE - 10-I ADDED UNDER APPOINTMENTS ONE ADDITIONAL PERSON TO BE CONSIDERED FOR THE EAS YES COMMITTEE AND ONE PERSON TO BE CONSIDERED FOR THE ECONOMIC DEVELOPMENT COMMISSION IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that those who desire to speak to a specific item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA None PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. V. ITEMS FOR DECISION = CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. ARTS COMMISSION GRASSROOTS AWARDS To approve the Arts Commission recommendation for distribution of Grassroots Arts Awards totalling $16,954. The list is included in the permanent agenda file. B. AUTHORIZING SUBMISSION OF COG APPLICATION FOR AGING SERVICES To authorize the submission of an application for Aging service funds to Triangle J Council of Governments, effective July 1, 1990 through June 30, 1991. Federal and state funds requested will be $141,614 and will be from Title III-B/D Older Americans Act and state fund sources. County match funds will be $23,204. C. 1990-91 CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND THE NC DIVISION OF HEALTH SERVICES To approve the 1990-91 contract between the Orange County Health Department and the NC Divisions of Health Services in the amount of $332,825 for ten different health programs and authorize the Chair to sign the contracts, assurances, and budget pages. This approval is subject to the endorsement of the County Attorney and County Purchasing Director. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR SOCIAL SERVICES EMPLOYEES APPRECIATION WEEK = JOHN HARTWELL Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to proclaim April 23 - 27 as Social Services Employees Appreciation Week in Orange County and to authorize the Chair to sign. 33 .Y� P R O C L A M A T I O N SOCIAL SERVICES EMPLOYEES APPRECIATION WEEK WHEREAS, Social Services employees administer a wide range of service programs designed to provide Orange County citizens basic resources and social work services -to' maximize their well-being and self determination; and, WHEREAS, Social Services Employees act on behalf of all citizens to prevent abuse, neglect, and exploitation of children and disabled adults, and when necessary, intervene to protect them; and, WHEREAS, Social Services Employees are caring professionals who are committed to serving Orange County citizens in a compassionate, confidential manner; and, WHEREAS, Orange County wishes to set aside a special week to recognize the vital contributions of Social Services Employees in Orange County; and, NOW THEREFORE, We, the Orange County Board of Commissioners proclaim April 23, 1990 through April 27, 1990 as "Social Services Employees Appreciation Week" in Orange County, and urge all citizens to join us in honoring our Social Services Employees. VOTE: UNANIMOUS IX. REPORTS A. ORANGE COUNTY HUMAN RELATIONS COMMISSION REPORT - JEAN BOLDUC Jean Bolduc, Chair of the Human Relation Commission, gave this report. She briefly described each of the five subject areas on which public hearings were held. She emphasized some of the key areas in which the Commission feels there is discrimination. She outlined the goals of the commission and recommended a phased-in approach toward achieving those goals. A copy of Ms. Bolduc's complete presentation is in the permanent agenda file in the Clerk's Office. It was the consensus of the Board to refer the recommendations in the Human Relations Commission report to the Manager requesting him to bring back to the Board a list of recommendations that may pursued this year. County Manager John Link stated that there is a committee working on an AIDS policy for Orange County employees. B. LONG TERM CARE FORUMS EVALUATION AND RECOMMENDATIONS _ ROSA MACK, CHAIR OF THIS COMMITTEE This report was given by Rosa Mack, Chair of the Long Term Care Committee. Two Long Term Care Forums were held on October 21 and 28, 1989. The Orange County Long Term Care Advisory Committee, Health, Aging and Social Services and their Boards sponsored the forum. The theme carried forth in the forum was Long Term Care Choices for the 1990's -not just a nursing home. The report in its entirety is in the permanent agenda file in the Clerk's Office. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to accept the report and refer to the Manager for a recommendation. VOTE: UNANIMOUS C. RURAL CHARACTER STUDY UPDATE 34 Planner David Stancil gave an update of their activities. Responding to a directive from the Board of Commissioners about the feasibility of a public hearing some or all of the rural character strategies, the Committee determined that two pub::;' hearings will be necessary because the Rural Buffer strategies will require a Joint Public Hearing with the Towns. He suggested that this public hearing be held for the specific purpose of considering amendments to the Joint Planning Agreement and Joint. • Planning Area Land Use Plan that would be mandated by the RCSC's Conceptual Guidelines for the Rural Boundary. There could also be a separate Orange County Public Hearing on strategies for other areas. The study committee recommends that the RB strategies and accompanying Land Use amendment to the Land Use Plan be taken to public hearing in mid June and that the remainder of the County strategies be addressed in the fall. Clint Burklin, Chair of the Rural Character Committee, asked that the Commissioners restate their support for addressing the entire county and providing the additional time required to meet with citizen groups to gain their support. Commissioner Marshall stated her support for considering the Rural Buffer strategies first and considering the remainder of the strategies for the entire County at a later time. The Commissioners spoke in support of the process followed in recent months by this Committee and expressed the importance of proceeding with this process. Mr. Chockley spoke as a representative of the Cedar Grove area. He asked that an extension of time be given the Rural Character committee to resolve identified problems in the rural areas of the County. Mr. Victor Tripp expressed concern about the availability of affordable housing. He asked that no further restrictions be placed on the land so the rising cost in housing will come to a slowdown. D. PUBLIC RELATIONS/PUBLIC INFORMATION - PLANNING AND INSPECTIONS DEPT. Planning Director Marvin Collins presented an update, on initiatives taken the Planning & Inspections Department to enhance public relations and improve the qua_..._ . ' of service provided to citizens. They have worked hard at improving communications and the physical working environment. A copy of this report is in the permanent agenda file in the Clerk's office. Collins commended his staff for these new initiatives and stressed his commitment to continue to improve public relations on all levels. E. LOCAL GOVERNMENT VIDEO TAPE - TABLED X. ITEMS FOR DECISION - REGULAR AGENDA A. WORK PLAN FOR ESTABLISHING THE NEED FOR ADDITIONAL SENIOR CENTER SPACE IN CHAPEL HILL Betty Landsberger, Chair of the Advisory Board on Aging, briefly described the work plan for establishing the need for an additional Senior Center in Chapel Hill. At the County Commissioners' 1990-91 Goals/Objectives Retreat in January, they adopted the goal to determine the need for additional space in Chapel Hill for a senior citizens center. In response to this goal, the Department on Aging and the Aging Board worked together to formulate a work plan. She noted that it has been recognized that growth in the number of older citizens in Chapel Hill and throughout the entire County increases on a daily basis. Another point she made was that the older population is becoming more diverse all the time. There are a lot of people who are high energy and capable people who are working through the RSVP Program. The work plan proposes a joint Town of Chapel Hill and County Task Force and a plan of action with both a short term and long term objective. Commissioner Marshall suggested that since the goal is to meet the needs o. the urban population, the Carrboro Town Board and the Carrboro Parks and Recreation 35 Department be involved. Ms. Landsberger indicated that since Carrboro does have a senior center in the ArtsCenter, the current goal is to locate a center in Chapel Hill. It was decided that the task force should include Carrboro and Hillsborough in the long range planning for senior centers. Commissioner Marshall pointed out that the County Commissioners have the responsibility to meet the priority needs for senior citizens throughout the County. There are many people in the rural areas of the County that -need these basic services more than a lot of the people in the urban areas. . The reason municipalities are set up and the reason municipal taxes are paid over and above the County taxes is that people who live in close densities in municipal areas need a higher level of service and are willing to pay for it. If we are talking about serving a group of urban citizens within a specific municipality at a higher level of service than the County can serve everybody, then that higher level of service should be paid for by the people in the municipality. Commissioner Marshall emphasized that it is unfair to choose a certain segment of citizens and serve them at a higher level than others. It was decided that Commissioners Willhoit and Carey will serve on this task force. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the work plan for establishing the need for additional senior citizens facility space in Chapel Hill. VOTE: UNANIMOUS B. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM - GENE BELL Planner Gene Bell explained that annually the N.C. Board of Transportation adopts a multi-year Transportation Improvement Program outlining needed transportation improvements and the method and schedule for funding such projects. A public hearing will be held May 8 for officials and citizens in this district to present their requests for highway improvements. Chairman Carey will attend this meeting and present and speak in support of each municipality's request as well as other needs which the Commissioners have identified. Commissioner Willhoit referred to the Chapel Hill recommendation to widen and improve US 15-501 from the US 15-501 Bypass to the Chatham County Line stating that this is inconsistent with the County's Land Use Plan. He suggested adding a proviso to this section stating that this widening should not occur prior to establishing a link from 15- 501 Chatham County over to I-40. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to authorize the Chair to attend the public hearing and speak in support of improvement needs as identified by municipalities and the County as amended by Commissioner Willhoit and to submit the resolution dated March 5, 1990 in support of best management practices to control runoff from Interstate 85 into Seven Mile Creek. VOTE: UNANIMOUS NOTE: Planner Gene Bell distributed information on the Bicycle Improvement Program and gave an update on the program. C. BID AWARD - OPTICAL IMAGING SYSTEM Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to award the low proposal for an Optical Imaging System to Genesys for a first year cost of $88,881. VOTE: UNANIMOUS D. DISPOSAL OF CERTAIN SURPLUS ITEMS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis 36 to declare specific items as surplus, authorize the Purchasing and Central Services Director to solicit sealed bids for the telephone system equipment, to negotiate priv---- sale under GS 160A-267 for the model 2500 telephones and the typewriter, and to trans the 1974 Chevrolet truck to the Sheriff's Department. VOTE: UNANIMOUS E. PROPOSED TEXT AMENDMENTS _ SUBDIVISION REGULATIONS = LAND USE BUFFER REQUIREMENTS Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the proposed amendments to Section IV-B-8 of the Subdivision Regulations as stated below: IV-B-8-g WAIVER OF LANDSCAPING AND BUFFER REQUIREMENTS In some cases, the strict adherence to this section of the ordinance would serve no useful purpose, such as when: (1) the topography of a site and/or the size of a proposed lot is sufficient to serve the purpose of a buffer; (2) existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; or (3) an existing residence or structure with established lawn areas and/or plant beds is contained within a proposed subdivision lot. When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional landscaping provided that the request is submitted in writing stating the reason for such request, and the spirit and intent of this ordinance is adhered to. Y='• Although the buffer planting requirements may be waived in certain cases, the dimensional aspect of the Land Use Buffer remains in effect. The width and location of a required Land Use Buffer shall be indicated on the approved final plat and cannot be reduced or altered without approval from the Planning Director in the case of minor subdivisions, or the Board of County Commissioners in the case of major subdivisions. In all such cases the applicant for waiver must submit a written application to the Planning Director setting forth the facts relied upon to support the application. The Planning Director, or his designee, shall file in his office and deliver to the applicant a written decision on the application which decision shall contain a statement of the facts relied upon by the Planning Director to either deny or approve the application for waiver. VOTE: UNANIMOUS F. SUBDIVISION REGULATIONS TEXT AMENDMENT _ PLANNING DEPT. REVIEW PROCEDURES This proposal would provide adequate time for staff review of•major subdivision Concept Plans. The Planning Staff proposes that the amendment be modified to require that the Planning Department complete its review of the Concept Plan within 21 days after it is accepted. The recommendation to the Planning Board would be presented at the first regularly-scheduled Planning Board meeting after the 21 days. After extended discussion about the time it takes to go through the process, it was decided table this item for further staff review to be brought back to the Board. 37 G. HOYLE KING ZONING CASE - JIM HINKLEY Planner Jim Hinkley explained that Mr. Hoyle King, Route 5, Mebane has violated the provisions of the zoning ordinance Section 4.3 pertaining to the operation of automobile, truck, farm implement, boat, domestic and commercial, junk yards, and repair and storage facilities in Rural Residential Districts. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve that action be taken by Orange County in accordance with Article 23 of the Zoning Ordinance and that civil penalties be assessed beginning on Tuesday, March 27, 1990 in the amount of $100 for each day the violation continues. If these penalties are not paid within thirty (30) days the County Attorney is authorized to sue Mr. King. VOTE: UNANIMOUS H. BOARD OF EQUALIZATION AND REVIEW Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis that the Board of Commissioners would serve as the Board of E & R with Moses Carey, Jr. serving as Chair. VOTE: UNANIMOUS The oath of office was administered to the members of the Board of E & R by Clerk Beverly Blythe. The first meeting was set for May 29 at 4:00 in the Board of Commissioners' Library/Conference Room, Hillsborough, North Carolina. ADDED ITEM I. CHARGE FOR THE EAS YES COMMITTEE - MOSES CAREY Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the mission of the Orange County EAS YES Committee as stated below: 1. Develop and carry out an extensive public awareness program for the citizens of Orange County on the value, benefits, necessity and desirability of this EAS proposal. 2. Achieve a large majority of active and vocal public support and coordinate getting that support to hearings which may be set by the Utilities Commission. Develop ways to get a large positive vote should the Utilities Commissioner poll subscribers directly. 3. Work with and encourage other groups and committees in this and other counties. 4. 'Report progress monthly to the County Commissioners. Recommend persons for appointment to the committee by the Commissioners. VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were approved by the Board: DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Donna Maria Tate EXTENDED AREA SERVICE TASK FORCE WATTS HILLS, JR. , VIC KNIGHT, CHARLES NOTTINGHAM, DAVID NAOUIN, THOMAS TIEMANN, NORMAN VOGEL, PATRICIA WATTS,, GLORIA WILLIAMS AND ERIC KURTZ 38 ECONOMIC DEVELOPMENT COMMISSION = STEVE YUHASZ XII. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes of February 26, 1990 as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the minutes for the regular meeting of March 5, 1990 as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the minutes for the regular meeting of March 21, 1990 as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes for the Joint Meeting with the Town of Hillsborough on March 26, 1990, as amended. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to consider, Chairman Carey adjourned the meeting. The next meeting will be held on May 1, 1990 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. Beverly A. Blythe, Clerk