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HomeMy WebLinkAboutMinutes - 19930216 220 APPROVED 3 8 93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 16, 1993 The Orange County Board of Commissioners met in Regular Session on Tuesday, February 16, 1993 at 7:30 p.m. at the OWASA Meeting Room in Carrboro, North Carolina. CO [Ty COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, havious Planning Director Marvin Collins, Tax Collector Finance Director Ken C g John T. Horner, Budget Director Sally - Kost, Tax Assessor Kermit Lloyd, Recreation and Parks Director MaryAnne Moore, Health Director Dan Reimer, and EMS Director Nick Waters. I. ADDITIONS OR CHANGES TO THE AGENDA Item III-J was added to the Consent Agenda for a NACo entry. The meeting date in item III--C was changed from March 15 to March 16th. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey stated that those citizens who want to speak to a specific item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Moses Carey, Jr. dispensed with the reading of the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below except Item E which was considered immediately following the Consent Agenda. A. UNPAID REAL PROPERTY AND TAX LIEN ADVERTISEMENT The Board accepted the information on the unpaid taxes as stated below and set the tax lien advertisement date for May 12, 1993 : County $ 1,741,822 .92 Chapel Hill $ 406,914 .46 Carrboro $ 153 , 202 .98 Hillsborough $ 51, 3.12 . 17 � TOTAL $ 2,353 ,252 .53 B. BUDGET ORDINANCE AMENDMENT f7 221 The Board approved the budget ordinance amendments, the grant project ordinances and the permanent positions as listed below: BUDGET ORDINANCE AMENDMENTS GENERAL FUND Source - Intergovernmental $ 18,636 Appropriation - Contr. to Outside Agencies 18, 636 (To appropriate State Arts grants) Source - Contributions to Outside Agencies $ (85, 000) Appropriation - Human Services 85, 000 (To budget for Orange County Library to become department of orange County Local Government) GRANT PROJECT ORDINANCES - COMMUNITY HEALTH ADVOCACY CHAP PROGRAM Source - grant funds from CHAP $ 52,820 Appropriation - Human Services 52,820 (To budget for the first year of this program) COMPREHENSIVE BREAST AND CERVICAL CANCER CONTROL PROGRAM Source - Intergovernmental - Breast and Cervical Cancer $ 24,714 Appropriation - Human Services 24,714 (To budget for completing this project) PERMANENT POSITIONS FOR THE ORANGE COUNTY LIBRARY POSITION FULL-TIME EQUIVALENT Library Director 1.00 Assistant to the Library .Director 1.00 Library Assistant I 1.80 Library Assistant II 0.65 Library Assistant III 0.50 Bookmobile Operator 1.00 Children's Librarian 1.00 Library Reference Assistant. 1.00 Library Technical Processing Clerk 1.60 Library Technical Support Assistant 0.50 TOTAL, Full-time Equivalent Positions 10.05 C. SPECIAL MEETING WITH THE TOWN OF HILLSBOROUGH The Board approve setting a Special Meeting with the Town of Hillsborough for March 16, 1993 at 5:00 at the Western Sizzlin in Hillsborough, North Carolina for the purpose of discussing the Cooperative Planning Zone. D. JAMES R. BOLDIN SUBDIVISION - PRELIMINARY PLAN The Board approved the Preliminary Plan for the James R. Boldin Subdivision with a Class B private road and subject to the conditions include ' in the Resolution of Approval attached to these minutes on page The property is located in Bingham Township on the south side of Ola Greensboro Highway between Wildcat Creek Road and White Cross Road. Four lots 223 SEVERE WEATHER AWARENESS WEEK FEBRUARY 21 THROUGH FEBRUARY 271 1993 WHEREAS, Governor James Hunt has proclaimed the week of February 21 through February 17, 1993 as Severe Weather Awareness Week, and WHEREAS, orange County is vulnerable to severe weather, including the devastation of tornados, and WHEREAS, Citizens of Orange County suffered the effects of an actual tornado on November 23, 1992, and WHEREAS, There is a need to continue public education campaigns to make citizens more aware of the dangers of tornados and safety actions to protect lives, and WHEREAS, A statewide tornado drill will be conducted on Wednesday, February 24, 1993 , that all citizens should participate in, NOW, THEREFORE, The Orange County Board of Commissioners hereby designate the week of February 21, through February 27, 1993 as .SEVERE WEATHER AWARENESS WEEK in Orange County, and encourage all citizens to participate in the drill and make a special effort to become more aware of severe weather, as such awareness may help protect them from injury or death. VOTE: UNANIMOUS B. BOARD OF EQUALIZATION AND REVIEW Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to adopt the resolution as stated below appointing a special Board of Equalization -and Review for the purpose of hearing 1993 revaluation appeals and authorized the payment of $75. 00 per meeting for the members and $100. 00 per meeting for the Chair of the Board of E & R. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A . SPECIAL BOARD OF EQUALIZATION AND REVIEW WHEREAS, pursuant to North. Carolina General Statute 105-322, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County; and WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322; and WHEREAS, the Board of Commissioners of Orange County deem it advisab]. to appoint a special Board of Equalization and Review and by this resolutio provide for the membership, qualifications, terms of office and the manner of filling of vacancies on the special Board of Equalization and Review; 222 are proposed out of the 13 . 02 acres. E. MINCEY FARM - PRELIMINARY PLAN This item was deleted from the Consent Agenda and considered immediately following the Consent Agenda. F. CP-1-92 UNIVERSITY STATION The Board denied an amendment to the Land Use Element of the Comprehensive Plan which means that the remaining 54 acres remain as is and not changed to either Transition or Open Space Development Area. G. CP-2-92 PROPOSED LAND USE ELEMENT CATEGORY --OPEN SPACE DEVELOPMENT AREA The Board approved to table this item and consider it within the context of the Hillsborough cooperative Planning Area Land Use Plan. H. JOINT PLANNING AREA PUBLIC HEARING DATES The Board approved the dates of. April 15, 1993 and October 14, 1993 for the Joint Planning public hearings. The hearings will be held at 7:30 p.m. at a location to be determined. I. JAIL INSPECTION REPORT The Board received the report. J. NACO ACHIEVEMENT AWARD COMPETITION The Board approve submitting one application for the program "In Touch with Orange County" to NACo in the achievement award competition. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA E. MINCEY FARM - PRELIMINARY PLAN Commissioner Gordon noted that this item has a fiscal impact analysis which is very clear. She asked various questions about the school budget contained in the analysis which were answered by Marvin Collins. Motion was made by Commissioner Gordon, seconded by Chair Carey to approve the Preliminary Plan for Mincey Farm Subdivision with public roads built to State standards and the conditions contained in the Resolution of Approval attached to these minutes on pages The property is located in Cedar Grove and Little River Townships on the west side of NC Highway 57 between Mincey Road and Latta Road. Fifteen lots are proposed out of 17. 63 acres. VOTE: UNANIMOUS IV. RESOLUTIONS PROCLAMATION A. SEVERE WEATHER AWARENESS WEEK PROCLAMATION Motion was made by Commissioner Halkiotis,seconded by Commissioner Insko to adopt and authorize the Chair to sign the resolution as stated below designating February 21 through 27, 1993 as Severe Weather Awareness Week in Orange County and to support the public education efforts. A PROCLAMATION 224 IT IS THEREFORE RESOLVED: 1. The special Board of Equalization and Review of Orange County is hereby created. 2. The Orange County special Board of Equalization and Review shall consist of 3 regular members and 2 alternate members, each to serve for a term beginning on the date of appointment and ending after all appeals filed on or prior to June 30, 1993 have been heard and decisions rendered. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In addition the Board of Commissioners of Orange County, in selecting members of the special Board of Equalization and Review, may consider: a. The length of time a candidate has resided in Orange County, b. Whether and to what extent a candidate owns real property located within Orange County, C. Whether and to what extent a candidate is familiar with the value of real property located within Orange County, d. Whether and to what extent a candidate has had formal education in real- estate appraising, e. The geographical composition of the , special Board of Equalization and Review within Orange County, and f. Any other matters that the Board deems appropriate. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same manner as it uses. for other appointments. After the members of the special Board of Equalization ,and Review of Orange county have been appointed, the Orange County Board of Commissioners shall designate a chairman of the special board. VOTE: UNANIMOUS C. A RESOLUTION ON CRITICAL DOMICILIARY CARE ISSUES Randy Brantley, Chair of the Domiciliary Board, introduced Sharon Wilder from the TJCOG and Robin Lee, a new Board member. Randy Brantley stated that there has been a shift in the population of Domiciliary homes which caused some changes in state laws regulating these homes. He summarized some of the main points in the resolution. Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to adopt and authorize the Chair to sign the revised Orange County Resolution as stated below and submit it to Triangle J Council of Governments and appropriate state agencies. A RESOLUTION 225 REQUESTING ACTION ON CRITICAL DOMICILIARY CARE ISSUES WHEREAS, North Carolina has the second highest domiciliary bed to older , adult population ratio in the nation; and North Carolina has the fourth highest domiciliary reimbursement rate in the nation; and has never conducted an independent fiscal audit with which to establish an actual reimbursement rate; and WHEREAS, it is estimated that 66% of domiciliary residents have physical disabilities; over 50% have mental disabilities; and less than 7% of the resident population have no physical or mental disability; and WHEREAS, N.C. domiciliary care regulations require only an annual review with no ongoing medical status review, resulting in only an occasional and incidental medical care review for each resident; and WHEREAS, there currently are no specific formal training requirements for domiciliary home personal care staff in North Carolina's regulations and standards; and WHEREAS, most domiciliary residents have multiple prescription/medical needs and they do not manage their own medications or self medicate; and WHEREAS, there are no requirements for ,formal training in drug management practice for domiciliary staff, and medications are given to residents by untrained staff; and WHEREAS, domiciliary homes remain exempt from registration under the N.C. Controlled Substances Act; and WHEREAS, N.C. domiciliary homes vary in size from small family care home with under seven residents to large institutional facilities wit, 200 residents or more; NOW, THEREFORE BE IT RESOLVED THAT: 1. A formal resident assessment procedure, including an ongoing level of care review, be established for all N.C. domiciliary residents. 2. Regulations governing the procedures for procuring, storage, handling, and administration of prescription and over-the- counter medicines (drugs) be reviewed and strengthened as needed. 3. Regulations be developed to identify the level of specialized training requirements for the staff responsible for handling and administering all medicines. 4. Domiciliary homes should be included under the North Carolina Controlled Substances Act. 5. Laws and regulations establishing a consistent state certified training program for all personal care staff in North Carolina's domiciliary homes be enacted and enforced. 6. North Carolina conduct in independent fiscal audit to establish a basis for setting sound domiciliary reimbursement rates. 7. The adequacy and use of personal allowance funds received by residents on state/county assistance program needs be reviewed and revised. 8. Future fiscal increases from public funds for the State/Count", Special Assistance Program be directly allocated for certifie staff training and specifically identified personal care services to be provided. 227 Planning Board in January. The Planning Board approved the package but recommended that the minimum lot size be 40, 000 sq.ft. This created distortion in terms of the sliding scale that the RCSC had developed in tho_ situations where there are better soils and the maximum density can be achieved. As an example, page 5 of the abstract under conventional development, if someone could achieve essentially one unit per acre, the scale drops down to .8 units and it is not until someone sets aside 50% open space that they start to achieve any kind of density bonus. In adjusting the scale to make it work, the units per acre increase to a very large density. Collins noted that in the agenda there are several options which take some of Arendt's basic ideas and apply them so that the full range of possibilities can be seen. One is a restrictive type of approach where no density bonuses are involved and the minimum lot size is increased to basically two acres so that the number of units from a conventional plan is what the developer must stay with. The only option would be to cluster and set aside open space. The advantage of this particular approach is that it does provide a lot more opportunities for people to cluster without using alternative systems. The last two options would award density bonuses on the basis of the quality of the open space rather than the quantity of open space. The issue of quality will be addressed in the next phase of the Rural Character study which involves developing the implementing ordinances and the design guidelines. The Planning Board has only discussed these options briefly. He suggested that the strategies adopted by the County Commissioners be turned over to staff. They will draft the ordinances and guidelines which will go through another series of meetings with advisory boards and interest groups for feedback which will be taken into consideration in drafting the final version....... He noted that for many of these strategies to have open space, it will h necessary to have alternative systems. The only way to avoid alternative systems is to create very low densities which will allow people to cluster and provide lot sizes of one acre. Clint Burklin, Chair of the RCSC stated that he feels they are close to a workable package. He noted that it has been a delegant balance between multiple interest groups. He asked that this be referred back to the Planning Board. He also invited the County Commissioners to attend this work session so the committee could receive their feedback. At the conclusion of this .prncess he suggests that the plan be taken to the Township-- -Advisory Councils for their input. Livy Ludington, member of the RCSC, submitted a written document for the record. She stated that her main concern is the overall increase with population with any plan developed. She feels that a decision needs to be made on how much ,the County wants the population to increase. If increased population happens, the trade off is less quality open space which would make for an even exchange. She made reference to a bar graft which showed population increase versus new Open Space. She asked the Board to look at the overall population growth and the impact on schools, roads, taxes and the quality of life. Dolly Hunter, Vice-Chair of the RCSC, made reference to the agenda abstract and page 53, 54 and 55 which states her position. She stated that rural Orange County is not the Rural Buffer. Much of the Rural Character options will raise housing costs and make a large part of rural orange undevelopable. She feels that abolishing the current one acre lot siz, without Open Space and raising the minimum lot size to two acres wil encourage elite suburban sprawl. The rural residents were assured in the township meetings that the one acre minimum would be retained. She feels it 1 2 M 9. Action be taken by all appropriate state/county officials to ensure and enforce the protection of the health, safety, and welfare of North Carolina's older adults dependent upon the present domiciliary care system. 10. New strategies and regulations for improved quality should maintain the diversity of domiciliary home sizes for consumer choice. FURTHER BE IT RESOLVED that a copy of this Resolution, prepared by the Domiciliary Home Community Advisory Committees in the Triangle J Region with underlined modifications, be forwarded to members of the General Assembly, the State Social Services Commission, Secretary of the Department of Human Resources, Director of Facility Services, and Director of the Division of Aging. VOTE: UNANIMOUS D. BOND SALE RESOLUTION Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adopt and authorize the Chair to sign the resolution as amended (adding in Section 1 (a) the words "an amount" after the word authorizing) fixing the details to sell $22 million in bonds on March 9, 1993 . VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC BEARINGS - NONE VXI. REPORTS A. RURAL CHARACTER STUDY RECOMMENDATIONS Marvin Collins presented a report on conceptual strategies to protect rural character in Orange County, as recommended by the Rural Character Study Committee and the Planning Board. He presented a slide program which gave information on various ways of looking at Rural Character protection and how the strategies will fit into- the larger picture. The original request for proposals was to come up with a plan for the County which identified all the open space areas including natural areas, Duke Forest lands and agricultural land. All other areas would be utilized for development taking into consideration the constraints of the land. Mr. Collins reiterated that in November there was a public hearing on a series of strategies and open space options which represented a first attempt . by the Rural Character Study Committee (RCSC) to deal with rural Orange County. In January, the study committee concluded a series of meetings and made some revisions to the original set of strategies. Three Open Space options were presented in November: (1) 1 acre Open Space option with a minimum of 20% Open Space, (2) 1/2 acre option and (3) planned community option with Open Space requirements from 20 to 60%. The RCSC recommended that options 3, 4 and 6 be folded into one option which presented .a broader range of density bonuses and Open Space Requirements. The minimum lot size would ' be increased to two acres. They also recommended that certain types of recreational facilities be limited when counting the Open Space Requirement and set at 50%. The committee approved the package and sent it to the 228 important that an economic analysis be. done on whatever options are used. -. .High density placed appropriately is a major growth management tool. She stressed that developers cannot support open Space options unless density is sufficient to support it. Bob Hall stated that he thinks there are a lot of policy issues that the County Commissioners need to address. The population goal has not been addressed. He asked that the Board identify incentives for developers while at the same time directing the development where the County wants it. Margaret Brown made reference to the Small Area Plan for Chapel Hill and noted that in doing that plan, the committee felt that even though the whole southern area could be served with water and sewer they decided, because they were thinking of the future and the quality of life, that they wanted to keep the density as it is now instead of increasing it. They used a lot of development strategies to maintain the rural character of that area. To address the affordable housing issue, they decided to provide affordable housing in other ways. She supports ,what the County Commissioners are doing to maintain rural character. Commissioner Gordon noted that the guidelines for all the options allow commercial development in all developments which is a major shift in concept in Orange County. She feels there should be designated areas for non- residential development and it should not be allowed just any place. She recommends two categories -- one for really rural development and a more dense development which will allow commercial development. She.referred to the plan and stated that she didn't feel that their goal was ever to increase density. It needs to be determined how much density they are willing to give in exchange for quality open space. Also, the Board needs to discuss how they deal with alternative systems versus utility provided water and sewer. She ;would like to see the development tailored to what the land will support. Commissioner Insko stated she feels that the issue of whether or not they will ever have light rail needs to be discussed. That will definitely have an impact on the buildout of the rural areas. She would like to have some discussion with the other governmental units in Orange County about the planning that has been done by Triangle J and by the Triangle Transit Authority.. John Link suggested taking this plan back to the townships for their input and the Board agreed. Motion was made by Commissioner Halkiotis, seconded by Commission Willhoit to approve the administration's recommendation as presented with the addition of taking the plan again to the townships for additional input before recommendations are brought back to the Board of County Commissioners. VOTE: UNANIMOUS e B. FINANCING ALTERNATIVE .FOR SWIMMING POOL CONSTRUCTION John Link 'stated that during the CIP discussions last year, the County Commissioners indicated an interest in financing the construction of a pool along the initial proposals made by the Triangle Hockey Association. At that time, the Board asked that staff come back with a firm business plan. He emphasized that he is not asking that the Board approve a pool. He does suggest that the County Commissioners adopt the resolution attached to the agenda item or one similar. It will take a resolution like this for the banks to see this as a viable process. Sales tax revenues will be used to finance this pool. MaryAnne Moore stated that the business plan outlines that the County could finance $4 million over a ten-year period and that those payments 229 of $400,000 per year for ten years would be wholly earmarked for the Center's debt service. The activity center would be operated by the non-profit entit " and the County would not .be involved with the operation. At- the end of t1 ten year period, the County would not have any further financial obligation' but would continue to enjoy scheduling priority for school programs and recreation and parks programs. Economic Development Director Ted Abernathy outlined the specifics of the plan. The facility will be 90, 000 sq.ft. and parking will be provided for 375 vehicles. The Triangle Youth Hockey Association (TYHA) will borrow 6.7 million over a 10 year period at about 9% interest. The County will contribute $400,000 a year for 10 years. The generated income from the facility over the 10 years will range from 1. 1 to 1.2 million a year. The expenses will run 1.47 million a year with 70% being the repayment of the loan. The center should break even for ten years. Still to be negotiated is what happens at the end of the first ten years. He suggests that the first years revenues be placed in an account that would be used as an escrow for operating in case something went wrong and in year twelve, the Hockey Association and the County would split the profits until the County received their investment of 4 million. If TYHA could not meet their obligations, the County would need to look at it when it happens to decide what to do. MaryAnne Moore showed slides which illustrated what this pool would look like and the types of programs that. it would accommodate. It will be located in the Meadowlands development. Ms. Moore noted that those people who will not be using this pool will be investing in a family facility that will provide constructive and wholesome activities for young people in this community. Within. 12 miles of the Meadowlands 94.9% of Orange County citizens.. live. Within 15 miles of the proposed site 99.9% of the population 9 located. This facility will provide lifesaving water skills for children. There will be some increased sales tax revenues from this because of the tournaments the Hockey Association will be hosting. It will provide several jobs for young people in the area and in year eleven or twelve the County will begin to get its money back. This pool will be open for ,activity sixteen hours a day and it will be low cost for the family. The schools will benefit by being allotted 32 hours during the week and also the schools' summer camps can take advantage of the pool. Every Saturday and Sunday for four hours there will be free -swim-. There will be swimming lesson and program fee- waivers set up and program scholarships and sponsorships by local businesses. The pool will be open from 6:00 a.m. to 10:00 p.m. Monday through Friday with 10 hours each Saturday and Sunday. In answer to a question from Commissioner Gordon about how many children will be using the pool, Ms. Moore stated that the Chapel Hill Community Center pool has 500 people swimming a day and Hargrove which is opened only during the summer has 700 people swimming a day. She feels this pool will support 600 people a day. In answer to a question from Commissioner Willhoit, Dan Kidd stated that Hockey starts at age 3 and goes up to age 18. They will also support the college teams in the area. At the present time they have 450 families involved in hockey and figure skating. Commissioner Halkiotis made reference to a fight involving 300 to 400 young people in the parking lot and inside the building at Daniel Boone which spread to McDonalds and Hardees and the troops were called out. Ther is nothing to do in the northern end of the County except fight, beat peop! up and do drugs. He noted that it cost $400,000 to send 16 people off to central prison or eight people to Butner. He expressed his support for this 230' effort because it will provide for many .people some wholesome activities in the northern end of the County. This pool can be used by the new high school, _hapel Hill High and orange High. He emphasized that this is .a service which will promote wholesome living and give citizens a better quality of life. Commissioner Insko asked about the wording of the resolution. Her concern is how this project will compete with other CIP projects for the County. John Link stated that the CIP will be presented as a report on March 8 with the public hearing held on March 23 . The Board will be able to see at that time where this project is in the CIP., For 1993-94, they will need an additional $100, 000 for a total of $200, 000. Commissioner Gordon stated that she would like to see how this competes with the other county projects in the CIP. Also, she would not support this if it was located north of Hillsborough. She would like to have input from the two school systems. Commissioner Insko agreed that it must be accessible to all the children. Commissioner Halkiotis emphasized that the schools can comment on this but the decision is with the County Commissioners. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. MIDWAY DEVELOPMENT COMMISSION In November, the Midway Development Commission submitted a request to each of the local governments for funding of an economic revitalization project for an area between Chapel Hill and Carrboro known as the Midway area. The proposal asked for $5, 000 from Orange County as part of a $29, 000 budget. The proposed project represents a multi-faceted, long-term Economic Revitalization and Development Plan for the Midway Area. This historical area is located on the corporate boundaries of Chapel Hill and Carrboro and thrived until the 1970s as the hub of social, cultural and economic activities for the African-American residents. This project is to revitalize and develop the area's minority economic growth and to empower the community to reclaim and to proclaim a significant part of its lost heritage. The Midway Development Commission (MDC) consists of ten (10) community leaders and businessmen. The MDC-and the Orange Chatham Community 'Development Corporation will provide the technical assistance for this project. The funds from Orange County will help employ a full-time Project Director who will be. responsible for strategic planning activities, assessing needs, establishing public private partnerships and planning project initiatives. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve that the Economic Development Commission negotiate a performance contract for $2,500 to assist with the initial implementation of this project, with funding to come from Contingency and that the Small Business and Technology Development Commission assist to complete the project. VOTE: UNANIMOUS B. ORANGE COUNTY FACILITIES USE POLICY AND PROPOSED FEES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Facility Use Policy and Schedule as presented with the fee schedule for Efland-Cheeks and Homestead Community Centers effective immediately and the fees established for all other facilities effective July 1, 1993 and the Manager is requested to study the recommendation from the 231 Recreation and Parks Commission to install pay telephones at all recreation facilities. VOTE: UNANIMOUS C. STIPEND FOR ABC BOARD MEMBERS A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to table this item. This item will be placed on the March 23, 1993 agenda. IX. BOARD COMMENTS - NONE X. COUNTY MANAGERfS REPORT �. John Link made reference to a memorandum regarding proposals for funding two new elementary schools. He stated that this reflects a number of discussions between himself, his staff and the school superintendents and their staff. This will be included in the CIP for their consideration. They are proposing the use of sales tax revenue with a small tax increase to fund two elementary schools. The amount of 10 million per school is a working figure only and may be changed. Commissioner Willhoit suggested scheduling some work sessions outside of the regular budget schedule with the two school boards with the number one item being what they are doing about year-round schools. . Commissioner Gordon emphasized that while she recognizes there is a need, she questions if the County can afford two new schools. She asked if anything had been accomplished with equity of standards for the schools. She thought they agreed that standards would be set -- how they figure capacit}- sq.ft. per pupil, etc. These standards and alternatives need to be discussed She asked if the County Commissioners would have some input to the location of the new middle schools to be sure they are located for a unified system. Chair Carey indicated that both school systems have been notified of the procedure for location of new schools. XI. APPOINTMENTS -- NONE XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the minutes for the January 19, 1993 regular meeting as corrected. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the February 1, 1993 regular meeting as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting. The next Regular Meeting will be held on Monday, March 8, 1993 at 7:30 p.m. at the former White Cross School on Highway 54, Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 233 LEVY DUE AS OF JANUARY 31 , 1993 AND JANUARY 31 , 1992 1992 1991 DIFFERENCE COUNTY $ 1 , 741 , 822 . 92 $ 2 , 209 , 921 . 75 $468 , 098 . 83 - CHAPEL HILL $ 406 , 914 . 46 $ 596 , 387 . 20 $189, 472 . 74 - CARRBORO $ 153 , 202 . 98 $ 209, 20? . 59 S 55 , 999 . 61 -- HILLSBOROUGH S 51 , 312 .17 $ 58 , 040 . 98 S 6 , 728 . 81 - TOTAL $ 2 , 353 , 252 . 53 $ 3 , 073 , 55"J ..52 S720 , 299 . 99 - e 232 DATE: February 1 , 1993 TO: Orange Count} Board Of Commissioners FROM: John T. Horner, Direc for of Revenue SUBJECT: Unpaid Real Properety Taxes and Tax Lien Advertisement The Orange County Department Of Revenue reports the following unpaid taxes that constitute a lien on all Real Property for the year 1992 . COUNTY S 1 , 741 , S22 . 92 CHAPEL HILL S 406 , 914 . 46 CARRBORO S 153 , ?02 . 9° HILLSBOROUGH S 51 , 312 . 17 TOTAL S ? , 353 -2-521 . 531 Recommends the .Tax Lien Sale- be set for May 12 , 1993. 234 LEVY ON JANUARY 31 , 1993 ADD JANUARY 31 , 1992 1992 1991 DIFFERENCE - COUNTY $33 , 952, 897 . 73 531 , 997,160 . 17 S 1 , 955 , 737- 56 + CHAPEL HILL S 9, 881 , 559 . 07 S 9, 623 , 829.61 $ 257, 729. 46 + CARRBORO S 2, 361 , 171 .14 $ 2 ,195 , 478 .32 $ 165 , 692 . 82 + HILLSBOROUGH S 632, 955 . 50 $ 585 , 001 .66 g 47, 953 . 84 + TOTAL 546, 828 , 583 ,.44 $44, 401 , 469. 76 $ 2,427, 113 . 68 + 235 1 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date February 16 1993 r� Name of Subdivision James R. Boldin Subdivision Owner/Applicant _ James R. Boldin The Board of County Commissioners hereby approves the James R. Boldin subdivision preliminary plat, dated November 13, 1992, revised December 9, 1992 and containing 4 lots, subject to the fulfillment of requirements specified herein. Before the Final Plat of any phase of the James R. Boldin Subdivision can be recorded: A. Sewage Disposal I. Lots 2 and 4 shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. 3. Lots 1 and 3 are of restricted development potential because no site has been identified to accommodate a septic tank. The restricted lots shall be identified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. B. Roads and Access L The extension of Willie Boldin Road shall be constructed to Class B private road standards within a 60-foot right-of-way. Willie Boldin Road shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the travelway within the platted private road right-of-way shall also be certified. 237 3 E. Parkland 1. Cash in the amount of$100.00 ($3,519/acre x 1/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The following casement shall be shown on the plat: a. 30-foot drainage easement on lot 1. 3. On lots 1, 2, and 3, a setback of 50 feet shall be maintained as measured from the edge of right-df-way of Willie Boldin Road. Side yards shall be a minimum of 30 feet. On lot 4 the front setback is 40 feet, side setbacks 20 feet. A setback of 50 feet shall be maintained from the exterior boundaries of the subdivision. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared-by Planning Staff and recorded concurrently with the Final Plat. r G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3. The Department of Environmental Health shall certify that lots 2 and 4 contain suitable areas for septic disposal. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Cl to the Board the above p e listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. 2382 OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Willie Boldin Road to Class B private road standards. An estimate of the construction and certification costs must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. The Private Road Maintenance Agreement for Willie Boldin Road shall be approved by the County Attorney. 3. A provision that there be no further subdivision of any lot created by this subdivision shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4. Lots 1, 2, and 3 shall access onto Willie Boldin Road. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. An approved street name sign shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping I. Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. D. Drainage 1. Indicate a 30-foot drainage easement along the eastern boundary of Lot 1. 1 RESOLUTION _ 238 OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date February 16,_1993 Name of Subdivision Mince Farm _ Section Two Owners/Applicants Ro er D. to hens and Bonnie M, Gates The Board of County Commissioners hereby approves Mincey Farm - Section Two subdivision preliminary plat, dated December 21, 1992 and containing 15 lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be const of the North Carolina Department of Transportation. The approval of this rreseo�lutiOndards authorizes and directs the Orange County Manaa behalf of the public generally, the offer of dedication of Planters Olgandounty and on Road. This acceptance by Orange County of the dedication to the general public of Woods Trail and Lindsey Woods Road shall be without maintenance responsibility. These road Planters shall be maintained by the Owner/applicant until such time as they are accepted for s maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of Mincey Farm - Section Two can be recorded: A. Sewage Disposal 1• Each residential lot shall contain an adequate area for septic disposal repair area,.approved by the Orange County Division of Environmental d Health. 2. Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B• Roads and Access 1• Planters Trail and Lindsey Woods Road shall be constructed to standards the North Carolina Department of Trans °f rights-of--way, and the construction shall Transportation, within SO foot NCDOT. petted and approved by 2:3 9 OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Planters Trail and Lindsey Woods Road to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2. Lots Al and E10 shall access onto Planters Trail. All lots shall access onto the new subdivision roads. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department. 4. Minor grading and clearing at the subdivision entrance shall be accomplished to improve sight distance subject to approval by the N.C. Department of Transportation. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant-shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. - 241 4 4. The North Carolina Department of Transportation shall certify that Planters Trail and Lindsey Woods Road have been constructed to State standards or that construction plans have been approved. S. A Certificate of Approval signed by the Orange County Planning and Inspections Department. c Signature of Applic t Clerk Z thF Board �: , accept the ab ve listed conditions of subdivision approval, and acknowledge that eac must be met prior to recordation of the final plat. 249 3. A Type E Land Use Buffer shall be provided along N.C. Highway 57. The buffer shall be 75 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e of the Subdivision Regulations. Said buffer shall be so noted on the plat, and described in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. Indicate a 30-foot drainage easement along the swale crossing lots A5 and E3 through E6. E. Parkland 1. Cash in the amount of $1,292.00 ($3,480/acre x 13/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The Declaration of Restrictions shall include a statement whereby the owners of the five lots created in Mincey Farm - Section One shall consent to the further subdivision of said lots. The Declaration shall be signed by the owners of the Section One lots. 3. The following easement shall be shown on the plat: a. 30-foot drainage easement on lots A5, E3 through E6. G. Certifications 1. A' Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded- concurrently with the Final Plat. 3. The Department of Environmental Health shall certify that each lot contains a .,� suitable area for septic disposal. r D� er RESOLUTION 243 -ane 10, 1991 Senate Bill 623 was ratified by the General Assembly as Chapter 246 of the 1991 Session Laws , Senate Bill 623 enabled Orange County to adopt- a Civil Rights Ordinance and to create an agency or commission to aid in the implementation Of a Civil Rights Ordinance:; and WHEREAS since June , 19911 the Board of Commissioners has considered several draft Civil Rights ordinances and has received valuable input on the creation of a Civil Rights Ordinance from the Orange County Human Relations Commission and from the North Carolina Human Relations Commission; and 4 WHEREAS it is necessary for the legislation enabling Orange County to adopt a Civil Rights Ordinance to be modified in some respects and made more specific, in order to implement a local Civil Rights Ordinance and to provide for local administration of federal and State laws prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, familial status, and veteran status . IT IS, THEREFORE, RESOLVED . by the Board of Commissioners of Orange County that the Orange County delegation to the North Carolina General Assembly is respectfully requested to introduce before the North Carolina General Assembly, as a Local Bill, the Orange County Civil Rights Ordinance Enabling Legislation Amendments, - Attachment A to this Resolution, in order to enable r - 242 SUMMARY NOTICE OF SALE $22, 000, 000 GENERAL OBLIGATION COUNTY OF ORANGE, NORTH CAROLINA SCHOOL BONDS, SERIES 1993 Sealed bids will be received by the Local Government Commission of North Carolina at its office in the Albemarle Building, 325 North Salisbury Street, Raleigh, North Carolina, 27603-1388 until 11 o'clock A.M. , North Carolina Time, March 9, 1993 such bids to be opened in public at .said time and place on said day, for the purchase of $22 , 000, 000 School Bonds, Series. 1993 , of the County of Orange, North Carolina, dated March 1, 1993 and maturing (subject to the right of prior redemption) annually, March 1, $1, 100, 000 1994 to 2013 , inclusive. Copies of the Official Statement and the Notice of Sale and i Bid Form relating to the bonds may be obtained from the Local Government Commission (919--733-3064) . Each bid must be submitted on a bid form in the Notice of Sale and Bid Form. The Bonds will be delivered on or about March 30, 1993 . LOCAL GOVERNMENT COMMISSION Raleigh, North Carolina A By Robert M. High Secretary of the Commission Orange County to implement a local Civil Rights Ordinance and to 2il 4 provide for local administration of federal and State laws prohibiting discrimination. . Upon motion of Commissioner Insko seconded by Commissioner Carey , the foregoing Resolution was adopted this the 23rd day of March 19 93 . Ayes Chair Moses Carey, Jr. and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit Noes NONE 1, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 23, 1993 as relates in any way to the. adoption of the foregoing and that said proceedings are recorded in .Minute Book No . 27 of the minutes of said Board, beginning at page and ending at page WITNESS my- hand and the seal of said County, this 24th day of March 19 93 a Clerk to e Board of mmissioners