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HomeMy WebLinkAboutMinutes - 19920421795 APPROVED 5-19-92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 21, 1992 The Orange County Board of Commissioners met in Regular Session on Tuesday, April 21, 1992 at 7:30 p.m. in the Community Meeting Room of the OWASA facility on Jones Ferry Road in Carrboro, North Carolina. COMY 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 Manager Albert Kittrell, Economic Development Director Ted Abernathy, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, tHousing and Community Development Director Tara Fikes-, Purchasing Director Pam Jones, Budget Director Sally Kost, Recreation and Parks Director MaryAnne Moore, Health Director Dan Reimer, Planner David Stancil and County Engineer Paul Thames. I. ADDITIONS OR CHANGES TO THE AGENDA One additional appointment for the Water Resources Study Cam ittee was added to the Appointment section of the agenda. Report "F" on the Eno River Watershed Classifications will be considered first under Reports. BOARD COMMENTS Chair Carey indicated he will include on the next agenda an appointment to the Leadership Committee which will consider those recommendations formulated by the Violent Crime and Drug Abuse Committee. Also, he will put on the next agenda an appointment for the Durham-Chapel Hill work group which addresses issues that are of mutual interest to Chapel Hill, Durham City and Durham County. He asked that a member of the Orange County Disability Awareness Committee be considered as a member of the group which reviews the plans for County facilities. John Link indicated he would bring back to the Board a recommendation for how this can be accomplished. Commissioner Gordon asked if the process would be in place in May to begin-doing fiscal impacts on development. Marvin Collins indicated it would be in place. Commissioner Halkiotis asked whose responsibility it was to repair the curbing around the Old Courthouse. John Link ind-icated he will investigate and report back to the Board. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey stated that those citizens who have indicated a desire to speak to an item on the printed agenda will be recognized' at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA 796 Motion was made by Commissioner Gordon, seconded by. Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. ARTS COMMISSION GRASSROOTS AWARDS -The Board approved the recommendations as included in the agenda for distribution of funds from the Grassroots Program to orange County Art Organizations totaling $15,636. B. BOARD OF EQUALIZATION AND REVIEW The Board approved to convene the Board of Equalization and Review on May 4, 1992 at 6:00 p.m. in the courtroom of the old County Courthouse in Hillsborough. 9. 1992-93 CONTRACT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE N.C. DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES - The Board approved the contracts as included in the agenda abstract subject to the endorsement of the County Attorney and County Purchasing Director and authorized the Chair to sign the contracts, assurances, and budget pages. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. COMMUNITY DEVELOPMENT WEEK Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to proclaim April 20 - 26 as Community Development Week and to authorize the Chair to sign the proclamation as stated below: PROCLAMATION NATIONAL COMMUNITY DEVELOPMENT WEEK APRIL 20 - 26, 1992 WHEREAS, the Community Development Block Grant Program has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and WHEREAS, Community Development Block Grant funds are provided through the U.S. Department of Housing and Urban Development; and WHEREAS, since 1980, Orange County has received approximately 4.5 million dollars through the Community Development Block Grant Program which has provided housing' rehabilitation, water/sewer service and paved streets to low and moderate income neighborhoods; and WHEREAS, these Community Development Block Grant funds have brought immeasurable benefit to the citizens and communities of the State of North Carolina in neighborhood revitalization and improved community facilities and services, especially for the benefit of low and moderate income families and to alleviate slums and blight; and WHEREAS, Orange County and its citizens recognize the critical role tr Community Development Block Grant Program plays in our community and th, importance of its continuation. 79 NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners proclaim April 20 - 26, 1992 COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARING AND A DECISION A. CAPITAL IMPROVEMENT PLAN Moses Carey announced that letters in support of the pool have been received from Mary Ford, Candace Bond, Hunt McKinnon, Dr. Karen P. McKinnon, Robert J. Perry, Robert H. Holland, Suzette Nichols, Myra Crawford, Diana Wilcox, Sandy Allen, Betty Mathews, Vickie Marsh, Gina Royall, Peter H. Wood, Lil Fenn, and Mary Whitted. A letter from Robert Foley asked that the County Commissioners first determine in which part of the County the pool will be located, understand the usage pattern projected for the pool, compare the financial merits of lease versus purchase with approved bonds and then determine which other projects must be delayed or dropped to accommodate the pool before voting to include it in the CIP. John Link stated that the Capital Improvements Plan (CIP) for the 5 year period totals $61.4 million for school and county projects. It includes 70% for education, 2% for water and land, 2% for recreation and parks, 4% for public works, 3% for public safety and 18% for buildings and equipment. The CIP does not include funds from the November bond or impact fees. The newcomers to the CIP include $950,000 for the community swimming pool, $181,010 for the master client index, $50,000 for the Fairview Clay Cap, $90,000 for the Sheriff's office renovations, $65,000 for handicapped accessibility and $66,000 for the Alexander Dickson House. In answer to a question from Commissioner Gordon, John Link stated that part of the strategic plan for EMS will be to identify two additional locations for EMS ambulances and personnel. These are included in the CIP for funding beginning in 1995-96. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. Dan Kidd, President of the Triangle Youth Hockey Association, stated that they have identified available funds including some which are interest free that can be extended to the County. The Daniel Boone ice rink has been opened on a temporary basis. They have done a lot of investigation on the pool. They will get free architectural help- and other builders and architects to,help make the facility energy efficient. He asked for the County Commissioners support. He feels the pool facility will certainly expand the opportunities for the youth in the community as well as expand the activities offered by the County's Recreation and Parks Department. The requests for use of this facility are increasing. People want to know what facilities will be available. He feels a swimming pool will be beneficial to the community. Susan Waldrop, Chair of the Recreation and Parks Advisory Council, expressed her strong support for the lease purchase of this pool emphasizing that this offers a unique opportunity for central Orange County. She noted that this facility will be near I-40 or I-85 and will serve all of Orange County. She emphasized that the need is desperate. This facility will be 795 used by people of all ages. Orange High can have a swim team. The teens in this County will have a safe place to go. It will help with the overcrowdec1---,, facilities in the Chapel Hill area. The pool would be beneficial to loca:. businesses and future economic development. This kind of financial`- arrangement offers a way to get a pool that is desperately needed. Jonathan Atwater, student at orange High School, stated that this year Orange High had a swim team for the first time. Some people could not participate because they could not get -transportation to Chapel Hill. He feels Orange High could have a good team if they had access to a pool. They cannot always depend on the facilities that are available in Chapel Hill. Cheryl Atwater spoke in support of a swimming pool. She has concerns about the select population that will be served by this pool. Certain things are assumed when in fact many citizens could not participate in many sports which this pool would offer. This pool would help people with disabilities and those receiving rehabilitation. It would provide therapy for those who are disabled and also provide a place for the youth. She strongly supports whatever it will take to get this facility. Jim Gray spoke in support of the pool. He emphasized that there are children in this community who need a facility which is not available to them. The county is growing. It is getting larger and larger. This is an opportunity where private enterprise has come forward and asked government to pool their assets. This is an opportunity for the County to work together with the private sector for all the citizens and especially for the children. Documentation has been presented on the cost and the payback. The proposeca--, pool would be better and safer than swimming in a quarry. Cranfurd Goodwin stated his support for the purchase of the Alexander House. He appreciates this being included in the CIP. Mark Shultz noted that there are a lot of people in the northern end of the County who support this pool. He would pay whatever it cost to swim in this pool. A pool will allow for more swimming lessons and less chance for drowning. Lori Ventura stated she is really excited about the swimming pool. She is a homeowner in orange County. She described what it was like growing up with a swimming pool and park in the neighborhood. She supports the pool. She feels that a swimming facility will prevent people from hanging out in the parking lots. Linda Haac thanked the Board of County Commissioners for their support for education as indicated by the CIP and support for the bond. She asked them to think about maintenance and renovation and a new elementary school and to continue to make education a priority in hard economic times. Robin Zill stated her strong support for the swimming pool. She is glad that the Board is taking the leadership in providing for some of the gaps in services. She believes education and health and well-being are all important and represents a total approach to staying healthy. This woul help keep people physically fit. Even though this is a large _expenditure,_ it is something that the community will support and. something that will 799 continue to be a benefit and bridge the County. She asked that the Board make the same opportunities available to all the citizens. The Board discussed the swimming pool as presented in the CIP. They asked for the following information which will be provided prior to the next regular meeting: 1. What are the projected user fees which would be used to offset the operating costs? 2. What are the operating costs including personnel costs? 3. How many people will the pool serve? 4. How overcrowded are the pools in Chapel Hill? 5. Would the project go forward without the pool? 6. Would the Chapel Hill High School swim team use this facility? 7. Are there any middle school swim teams? 8. What would be the maintenance and operating costs if the county took over the entire facility? 9. What would happen if the County only wanted to take over the swimming pool facility? Jim Cutter, resident of Orange County for 25 years, raised four children in the County schools. The swim team he is affiliated with has 70 members. They use the YMCA and the Community Center pool. They had to turn children away because of lack of facilities. He emphasized that this is not a Chapel Hill-Hillsborough situation. It is an Orange County problem. He asked that everyone work together because the kids need this pool. There are other considerations besides the schools. He asked that they seriously consider this for the CIP. Chair Carey stated that the Board believes this to be an Orange County issue. They have the responsibility of considering this with all the other projects that need to be addressed in the next few years. Additional information will help them to make an informed decision on whether or not to include this in the CIP. The. Public Hearing was continued to May 4 to receive additional citizen comments.and for further discussion by the County Commissioners. VII. REPORTS A. PLANNING BOARD EDC WORK GROUP Ted Abernathy presented a report on initiatives by the Economic Development Commission and Planning Board which will achieve an economic development goal established by the Board of Commissioners. The Board asked that specific parcels be identified for prezoning in a manner consistent with the Orange County Land Use Plan. During the past year, the activities of the Work Group have focused on three distinct areas. These include implementation of a cooperative planning process, target area analysis, and performance standards identification. Accomplishments in each of these areas are listed in the report. All of the work completed by the Work Group has led to the formation of a more definitive goal to develop an "economic development district" proposal with clear, acceptable performance standards and streamlined approval procedures. The zoning district designation currently exists in the Zoning Ordinance, and the purpose of the district is "to provide locations for a wide range of low intensity industrial, 800 institutional, office and research use with no adverse impacts beyond the space occupied by the use." The Work Group will focus its remaining work or--- the "Plan of Action". B. REPORT ON ENO DRIVE - DIIRK M NORTHWEST AND NORTHEAST LOOP CORRIDOR . STIIDY Planner Gene Bell stated that at the March 24th County commissioners meeting, the planning staff gave a report on the status of the Durham Northwest and Northeast Loop Corridor study (Eno Drive). The Board asked that NCDOT be invited to an upcoming meeting to answer various questions. Cindy Sharer, P.E., DOT Project Coordinator and Roy Bruce, representatives of H. W. Lochner, Inc. were present to give a presentation and to respond to questions and comments. Roy Bruce briefly described where they are in this study. They are currently working on the second phase of a six phase project. This loop has been in the planning stage for over 25 years. The corridor begins in Orange County approximately 1000 feet west of the orange/Durham County line. A citizens informational workshop will be held on March 31. DOT will take into consideration all verbal and written comments received. The entire process will take them through 1993. The Board agreed that they are opposed to the western corridor because of environmental issues and because of the Eno River State Park. Mr. Bruce indicated that an Environmental Impact Statement would not be done as part of the process. When they get to the final corridors they will then do a detailed study on the final corridors only. Commissioners Halkiotis and Gordon stated their opposition to thr',' west corridor. He would prefer to keep it just to the edge of the line. C. WIDENING NC 86 AIRPORT ROAD FROM HOMESTEAD ROAD TO I-40 Gene Bell asked for Board comments on the widening of NC 86 (Airport Road) from Homestead Road to I-40. NCDOT is requesting information which will help identify potential environmental impacts. Erosion Control supervisor Warren Faircloth asked that DoT recognize the potential for sediment damage during construction to both the stream and Lake Ellen and design the erosion control plan before the right-of-way and construction easements are obtained. The Board agreed that something needs to-be done on this stretch of NC 84. They support the four-foot bike path as part of the project. D. MUNICIPAL RECREATION AND LIBRARY SUPPORT John Link presented a report on the County's financial support for municipal recreation and library programs. Each year the County has appropriated certain funds for the recreation programs of Chapel Hill, Carrboro and Mebane and to the Chapel Hill and Mebane libraries. The Manager said he was recommending the same level of funding this year as was provided last year for these municipal programs. The Board agreed that it is an equity issue that needs to be addressed in this next fiscal year. The Board recognized that the municipalities may want to develop a different fee structure for county residents who use their services. E. SCHOOL IMPACT FEE IMPLEMENTATION Marvin Collins presented a report on the implementation of schoo._. impact fees that will become effective July 1, 1992. He summarized the .i t 801 report which provides a synopsis of points of concern about impact fees that have been raised by various groups that have reviewed the draft technical report. A number of updates to the original report are also included for discussion. A citizen contacted commissioner Insko and expressed a concern that this tax is more regressive than. the property tax and that a better approach would be to impose a set fee at the time of closing. Commissioner Insko asked for additional information on that idea. John Link noted that they plan to collect this fee at the time the certificate of occupancy is granted. He will include in his recommended budget a per unit proposal for impact fees which will probably be $700 to $1,000 per unit. Geoffrey Gledhill noted that this is a fee and not a tax. The fee is based on the cost of providing the services. F. REPORT -- ENO RIVER WATERSHED CLASSIFICATIONS Planner David Stancil stated that in Oct, 1991, the County Commis- sioners adopted a resolution supporting certain watershed classifications and standards as part of a statewide public hearing process. However, on February 13, 1992, the Environmental Management Commission (EMC) adopted minimum rules and standards that were substantially different than those evaluated in October. In general, the rules doubled the minimum acceptable density in all watersheds, allowed for greater impervious surface coverage, and reduced the amount of non-residential development permitted without petition to the EMC. In effect, what were WS-III rules on October 22, 1991 are now WS-II rules under the February 13, 1992 version. The EMC is no longer receiving comments on either the rules or classifications for watersheds. DEM will make public its recommended classifications in early May. The EMC is scheduled to consider these classifications on May 14, with action to occur no later than July 1. In early April, DEM staff contacted County staff to ascertain if a mutually-acceptable classification could be reached between Hillsborough and Orange County for the Eno River watersheds located upstream of Hillsborough. County staff has evaluated all of the upstream Eno against the new rules and determined that both upper and middle Eno combined could qualify as a WS-II watershed. In addition, such a change to a higher classification for the middle Eno area would not hamper economic development potential. Motion was made by commissioner Willhoit, seconded by commissioner Gordon to authorize the Manager to sign the joint letter that will be sent to.DEM requesting to upgrade these two watersheds-to WS-II. Commissioner. Willhoit amended his motion to include asking the TAC's support for Best Management Practices (BMP's) in these two areas. VOTE: UNANIMOUS G. LAND OWNERS GROUP UPDATE John Link stated that at the April 15, 1992 LOG meeting, each representative reported the comments made by members of their respective boards about the matter of lowering the tipping fee for UNC ash at the landfill from $20 to $13 per ton in 1992-93. The LOG by consensus approved the $13/ton tipping fee for UNC ash and in keeping with past procedures and asked each of the three governing boards to take action to formally consider approval of the tipping fee. The LOG also agreed to raise the tipping fee 802 for general waste by $1 to $22 per ton. Revenues from the tipping fee increase are intended to fund enhancements to the countywide recyclinc- program in 1992-93. Chair Carey stated he has reconsidered his decision to vote against this matter because of the immediate economic impact. He still feels that in the long term it will not be beneficial to dispose of the ash at the landfill. Commissioner Willhoit emphasized that the ash will not be accepted for burial if there is another use for this material. Also this commitment is only for the life of the borrowed areas and ash will not be accepted for the borrowed pits in the new landfill. This is clearly a short-term situation and gives a stronger message that the County does not want the ash as a long--term mainstream. Commissioner Gordon feels that other items can be put in the borrowed areas and that this area is valuable. She feels that decreasing the tipping fee will-`set a precedent. She supports the present fee that is in place. Mr. Cecil Griffin, citizen, stated his opposition to using the borrowed areas for ash disposal. He feels these areas can be used to lengthen the life of the landfill. He questioned lowering the fee to $13.00 instead of $17.00 since $17.00 is the amount UNC would be charged at the Fayetteville site. Mark Marcoplos, citizen, feels the landfill issue is not understood by the Board stating that the administration at the Chapel Hill public works Department is leading the process. Motion was made by Chair Carey, seconded by Commissioner Insko tr reconsider the action taken on this issue at the meeting held April 6, 1992.. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Halkiotis) Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve accepting UNC ash at the landfill for $13.00 per ton in 1992-93 and raise the tipping fee for general waste by $1.00 to $22.00 per ton with the understanding that this ash will only be accepted for the life of the borrowed areas in the present landfill and that there has never been a plan to accept ash for the borrowed pits at the new landfill. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Halkiotis) III. ITEMS FOR DECISION - REGULAR AGENDA A. COMMUNITY HEALTH ADVOCACY PROGRAM CHAP KELLOGG GRANT APPLICATION The Health Department and the Cooperative Extension Service jointly proposed CHAP to the Board of Commissioners for the annual goal- setting retreat. The Commissioners authorized the Manager to consider the CHAP program during the budgeting process for FY 92-93. The program is designed to recruit, train, and support community health advocates who serve as volunteers and to help communities identify and solve their own health problems. Motion was made by Commissioner Gordon,-seconded by Commissioner Willhoit to authorize the Health Director to seek funding for the CHAP Program contingent on the following: 1. That the Health Department will evaluate the effectiveness c this program by the end of the grant period. 2. Determine the need for continuation of the CHAP program. 8.0 3 3. If CHAP is continued after the grant period, find other non- tax sources of revenue. ,VOTE: UNANIMOUS B. WAIVER OF CAPITAL FACILITIES FEES EFLAND CDBG APPLICATION One of the major activities to be proposed in the Efland CDBG Application is the provision of public sewer service to area residents. Hillsborough presently charges a capital facilities fee (tap fee) of $600 per sewer connection. CDBG funds cannot be used to pay tap fees for water/sewer connections. Motion was made by Commissioner Halkiotis, seconded by commissioner Gordon to authorize the Chair to make a formal written request to the Hillsborough Town Board asking that all capital facility fees be waived for the Efland CDBG Project. VOTE: UNANIMOUS C. EFLAND CDBG APPLICATION - FINANCIAL.CONTRIBUTIO The 'N.. C. Department of Economic and Community Development requires all applicants for CDBG funding under the Community Revitalization category to contribute local funds to the proposed project. This contribution must be in the form of cash and must come from the County general fund. No in-kind contributions are recognized under this requirement. Motion was made by commissioner Gordon, seconded by Commissioner Halkiotis to authorize a financial commitment of an amount not to exceed $130,000 to the Efland CDBG Project, with staff to develop recommendations during the next year on financing the County share from either operating or capital funds and authorize the Chair to sign a letter of commitment to the N. C. Department of Economic and Community development on behalf of the Board. VOTE: UNANIMOUS D. AWARD OF VOICE DATA NETWORK PROPOSAL Part of the work associated with the new Government Services Building and the renovation of the existing Tax and Records Building involves installing the necessary cable which will enable computers and telephones in the facilities to function. On April 9, 1992, proposals were received from. three firms with costs ranging from $32,200 to $53,950. The proposal from QTRON, Inc. appears to best fit County needs, both current and long-term for the most reasonable cost. Motion was made by Commissioner Insko to award the proposal to QTRON, Inc. Purchasing Director to execute appropriate VOTE: UNANIMOUS I%. BOARD COMMENTS - NONE X. COUNTY MANAGER'S REPORT - NONE %I. APPOINTMENTS COMMISSION FOR WOMEN Motion was made by Gordon to appoint Marie Peache Willhoit, seconded by Commissioner for $40,759 and to authorize the supporting paperwork. Commissioner Insko, seconded by.Commissioner e Wicker for an unexpired.term ending June 30, 844 1994, Reba C. Long for a term ending June 30, 1995 and Faith Ashton for an unexpired term ending June 30, 1994. VOTE: UNANIMOUS HUMAN SERVICES TRANSPORTATION BOARD Motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint George Snowden, Janet Whitesides and Hubert C. Walton to terms ending June 30, 1995. VOTE: UNANIMOUS RECREATION & PARKS ADVISORY COUNCIL Motion was.made by Chair Carey, seconded by Commissioner Willhoit to reappoint Keith D. Cook for a term ending June 30, 1995. VOTE: UNANIMOUS SCHOOL BOND EDUCATION STEERING COMMITTEE Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to appoint Leigh Peek, Morgan Jones, Kathy Hoffman, Toni Shannon and Carol Weiner to this committee: VOTE: UNANIMOUS WATER RESOURCES COMMITTEE Motion was made by Commissioner Gordon, seconded by Commissioner Insko to appoint Lisa Carmichael, Donald Cox, Charles Daniel, III, Stephen J. Dear, Margaret U. Holton, Nancy S. Mueller, Sharlene G. Pilkey, Philip N. Post, A. R. Rubin, Margaret Scully, Morris L. Shambley, and Pat Davis to this committee. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to appoint Larry Rogers and E. M. Scarlett to this committee. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) Motion was made by Chair Carey, seconded by Commissioner Halkiotis to appoint Commissioner Gordon as ex-officio, on this committee. VOTE: UNANIMOUS The Board agreed to ask Milton Heath, Kimberly Brewer and Ed_ Holland to serve as ex-officio members of this committee. XII. MINUTES Motioh was made by Commissioner Gordon; seconded by Chair Carey to approve the minutes for the Regular Meeting of-March 9, 1992. VOTE: UNANIMOUS XXII. EXECUTIVE SESSION -NONE XIV. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting at 12:00 midnight. The next regular meeting will be held on May 4, 1992 at 7:30 p.m. in the Courtroom of the Old County Courthouse Hillsborough, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chairman