Loading...
HomeMy WebLinkAboutMinutes - 19930817 449 APPROVED 917193 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 17, 1993 The- Orange County Board of Commissioners met in Regular Session on Tuesday, August 17, 1993 at 7:30 p.m. in the OWASA Community Meeting Room on Jones Ferry Road in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Stephen 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, Finance Director Ken Chavious, Planning Director Marvin Collins, Accountant Howard Fitts, Register of Deeds Betty June Hayes, Personnel Director Elaine Holmes, Assistant Register of Deeds Billie Horner, Tax Collector John T. Horner, Purchasing Director Pam Jones, Recreation and Parks Director Bob Jones, __ Tax Assessor Kermit Lloyd, Director of Commission for Women Lucy Lewis, Department on Aging Director Jerry Passmore, Social Work Supervisor Gwenn Price, Social Services Director Marti Pryor-Cook and Planner Mary Willis NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILE IN THE CLERKS OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey added to the agenda under reports the Midway Development Commission report. COUNTY MANAGER'S COMMENTS John Link introduced the new Director of Recreation and Parks Bob Jones. He noted that Bob has served 11 years as the Athletic Supervisor in that department and on several occasions served as interim director. COUNTY COMMISSIONERS COMMENTS Commissioner Halkiotis noted for the record that it takes 31 minutes to travel from northern Orange to the meeting place. He recently moved from Chapel Hill township to Hillsborough township. Moses Carey was inducted into the North Carolina Association of County Commissioners as President of the Association for 1993-94 . He was praised for his leadership by the members of the Board. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey indicated that those citizens who have expressed a desire to speak on 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. 450 III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Gordon, seconded by Commissions Halkiotis to approve those items on the Consent Agenda as stated below: A. CP-2-93 LOUIS AND JOE BERINI This item was removed and considered before the decision items. B. PROPERTY TAX REFUNDS The Board approved the fallowing property tax refunds: NAME ACCOUNT AMOUNT Jack K. Wier 33119 $ 1,595.67 Michael Strayhorn 9171 37.37 Sally L. Efird 20342 839.41 Donald J. Thompson 84903 19.47 Gilbert M. Coridan 110706 1,223.28 Edward and Elizabeth Underwood 42122 582 . 67 General Electric Capital 922119 131.70 Dennis R. Young 121975 1,069.24 Calderon, David Pasqual 159321 42.27 C. MEMORANDUM RENEWAL WITH NORTH STATE LEGAL SERVICES The Board approved and authorized the Chair to sign the Memorandum of Agreement with North State Legal Services for the provision of legal counseling and assistance for orange County residents sixty years and older who exceed North State's income eligibility guidelines but who cannot afford seek legal services from the private sector. The county contribution is $1' with $1, 539 funded from the Older American Act. D. PTA SECTION 18 PROGRAM STANDING AGREEMENT The Board approved and authorized the Chair to sign the grant agreement and resolution. This document is the major component for establishing Orange county as a Section 18 sub--recipient, and thereby establishing the channels through which the related federal and state funds and responsibilities would flow. E. UNC HOSPITALS EMERGENCY MANAGEMENT SERVICES CONTRACT RENEWALS The Board approved and authorized the Chair to sign this agreement which will provide for extending the duration of existing contracts with the UNC Hospitals for four months until October 31, 1993 . F. MEETING STIPEND FOR THE CLERK TO THE BOARD The Board approved and authorized the Chair to sign the Memorandum of Agreement with the Clerk to the Board. This will provide a meeting stipend of $75. 00 per regular meeting with the total amount paid not to exceed $1, 650. G. PROPOSED ZONING ORDINANCE TEXT AMENDMENT PERMITTED USE TABLE NURSING HOMES SPECIAL USES OFF-STREET PARKING REQUIREMENTS, DEFINITIONS This item was removed and considered before the Items for Decision. H. JAIL INSPECTION REPORT The Board received the jail inspection report for July, 1993 from the North Carolina Department of Human Resources in accordance with the General 451 Statutes.. I. FALCONRIDGE PRELIMINARY PLAN The Board approved the Preliminary Plan for Falconridge subject to the conditions contained in the Resolution of Approval as attached to these minutes on pages J. RESOLUTION TO DISPOSE OF COUNTY-OWNED REAL PROPERTY The Board approved and authorized the Chair to sign the resolution to transfer fee simple ownership of the portion of the property as described in the resolution stated below to the North Carolina. Department of Transportation at the offered price of $13 , 350. R E S O L U T I O N WHEREAS, on December 7, 1992, the Board of Commissioners of Orange County adopted a resolution authorizing the sale by Orange County of a portion of its property to the North Carolina Department of Transportation for $6, 645; and WHEREAS, since that resolution it has been determined that the property to be obtained by the North Carolina Department of Transportation is more valuable than originally thought; and WHEREAS, the value of the property in question has been agreed upon by the North Carolina Department of Transportation and Orange County; and WHEREAS, Article 40A of the North Carolina General Statutes authorizes the North Carolina Department of Transportation to acquire this property by imminent domain in the event Orange County does not authorize its acquisition `,.)y the North Carolina Department of Transportation. IT IS THEREFORE RESOLVED by the Board of Commissioners of Orange County, pursuant to North Carolina General Statutes 160A-2741 that Orange County convey by non--warranty deed the property specifically described on the fee simple deed, a copy of which is attached to this resolution as Exhibit II, upon the payment by the North Carolina Department of Transportation to orange County of the sum of $13, 350. IT IS FURTHER RESOLVED by the Board of County Commissioners of Orange County that the Chair of the Board and the Clerk to the Board are authorized to execute documents as are -necessary to effectuate this ,transfer of Orange. County property to the North Carolina Department of Transportation. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS PROCLAMATIONS A. PROCLAMATION OF WOMEN'S EQUALITY DAY Joyce Roland presented a proclamation for women's equality day and outlined the list of activities sponsored by the Commission for Women during the month of August. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim August 19, 1993 as Women's Equality Day as stated below: PROCLAMATION WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, the amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. "; and 452 WHEREAS, the power of the vote is the gateway to continued improvements in the status of women and all peoples; and WHEREAS, the Orange County Commission for Women advises the citizens and tl., Board of Commissioners of Orange County of the status of women in Oranges County; and WHEREAS, that status continues to be unequal, especially economically and politically; and WHEREAS, women make significant contributions economically, politically and in innumerable ways to Orange County. NOW, THEREFORE, the Orange County Board of Commissioners hereby proclaims Wednesday, August 26, 1992 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality, and hereby urges all citizens to exercise their right to vote and continue to work to guarantee full equality for all women. VOTE: UNANIMOUS B. PROCLAMATION FOR HOMELESS ANIMALSS' DAY Amanda Graham, Associate Director of the Animal Protection Society of Orange County, spoke on behalf of the homeless animals in Orange County. Last year more than 200, 000 animals were impounded in North Carolina. In Orange County nearly 6200 animals were brought into the shelter. Of that number 3 ,716-were euthanized because they were unwanted. The solution to this problem is through the commitment of every citizen in the County to neuter or sprayed their animals responsibly. She asked everyone to take a stand to alleviate this problem. Motion was made by Commissioner Halkiotis, seconded by Commissione Insko to proclaim August 21, 1993 as "Homeless Animals' Day" in Orange Count, as stated below: P R O C L A M A T I O N TO DESIGNATE AUGUST 21, 1993 AS HOMELESS ANIMALS' DAY IN ORANGE COUNTY WHEREAS, the irresponsibility of some dog - and -cat owners in allowing uncontrolled breeding of their pets has created a pet overpopulation problem in Orange County; and WHEREAS, the pet overpopulation problem in Orange County alone resulted in the needless destruction of 3,716 healthy dogs and cats in 1992; and WHEREAS, the cruelties inflicted on pets result not only in lost animal lives, but also in lost resources spent in our community to shelter neglected and displaced pets; and WHEREAS, the pet overpopulation problem can be solved only by the active promotion of a pet owner responsibility program that includes spaying and neutering of pets, proper care and sheltering of pets, and compliance with animal control regulations; and WHEREAS, the people of Orange County should commit themselves to preventing the needless destruction of pets by practicing responsible pet ownership and by spaying and neutering pets as a means of combating the problem of overpopulation; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners tk August 21, 1993 , be designated as Orange County's "HOMELESS ANIMALS DAY" as a statement of affirmation to prevent the needless suffering 453 and destruction of our county's pets. .,OTE: UNANIMOUS C. RESOLUTION OF APPRECIATION FOR BILLIE HORNER Register of Deeds Betty June Hayes stated that Billie Horner -has served the County for 35 years. She has been a helpmate, teammate and a coworker and will sincerely be missed. She wished her well in her retirement. Motion was made by Commissioner Insko, seconded by Commissioner Hal.kiotis to approve the resolution of appreciation for Ms. Horner's service as stated below: RESOLUTION OF APPRECIATION FOR BILLIE B. HORNER ASSISTANT REGISTER OF DEEDS WHEREAS, Billie B. Horner has been a loyal and dedicated employee of Orange County for the past 35 years, and has served as the Assistant Register of deeds since- 1964, and - WHEREAS, She has done an outstanding job for the Register of Deeds office and the citizens of orange County, and. WHEREAS, Ms. Horner is known for her unquestioned integrity in protecting public records, and her willingness to share this sense of values and knowledge with others through teaching, training, and supporting, and 9HEREAS, She leaves behind a legacy founded on the highest ideals of a life devoted to public service, and WHEREAS, The Board wishes her well in her retirement. NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners recognize and appreciate Ms. Horner's years of service to Orange County, and we furthermore express gratitude for the positive influence she has had on the lives she has touched. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS A. PRESENTATION CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING John Link noted that this award is the highest award given for financial management in the county. This is the eleventh straight year the department has received this award. Ken Chavious, Howard Fitts and Deborah Austin were in attendance to receive this award. Ken Chavious also recognized Deborah Smith and Joyce F Reiners who were not in attendance. He commended his staff for the outstanding job they do. VI. PUBLIC HEARINGS _ NONE F VII. REPORTS A. HUMAN SERVICE COORDINATING COUNCIL STATUS REPORT Jan Schopler, Chair of the Coordinating Council presented a status 454 report. This report is included in the agenda abstract. They have had to adjust to staff changes this past year and a lot of the work has been done br the committee members. She asked for some feedback on the snapshot report. Commissioner Willhoit noted that the thrust of the group has done a good job of providing coordination at the staff level. He asked if during - the budget process the Board hurt anything that they recommended. Jan Schopler indicated they have not really looked at the budget in that light. Chair Carey feels that the area of unmet needs is important. Existing agencies seem to have a tendency of putting resources into new things instead of existing programs. He would like to have the outside agencies comment on their request for funds how these funds relates to the needs assessment that was done for the snapshot report which may help to focus on existing needs. Commissioner Insko noted she will review this report again and provide feedback. She would like to be able to provide a smoother way for human service agencies to be innovative and that may mean letting go of some of the older programs. Commissioner Gordon mentioned that as they talk about emerging needs they need to talk about those that are less important. Chair Carey noted a need to maintain the - programs that are addressing ongoing problems such as infant mortality. B. MIDWAY DEVELOPMENT COMMISSION FINAL REPORT Harvey R. Reid, President of the Midway Development Commission, briefed the Board on their development efforts which include economic development and community development. . The report identified the boundary c the midway area. They have involved the people in that community in the entir: process. He briefly outlined their plans for the parking lot located at Rosemary Street and Sunset Drive, their efforts in revitalization of the Graham Street Area, and also their plans for a Community Resource Center. Commissioner Insko asked that Mr. Reid provide her a copy of their budget. The Board will consider at an upcoming meeting the request made in the report for an allocation of $25, 000 to be used as a planning grant to set forth implementation of those projects mentioned in the report. ITEMS REMOVED FROM THE CONSENT AGENDA A. CP-2-93 LOUIS AND JOE BERINI Commissioner Gordon stated that whether or not the Board approves this item, she would like for the staff to prepare a report on the suggestions in the agenda abstract made by the County Engineer and the Planning Board. Commissioner Willhoit noted that because this area is being provided with sewer service does not mean that it is more of a candidate for transition. It is good that sewer can be provided because it eliminates the ground disposal systems but it is not intended for high density or a transition area designation. David Stancil noted that of the eleven criteria for transition area designation, this area met ten of those criteria. They took into consideration the density of the development around that area and the fact that it is in tb- Durham annexation area and will probably be annexed by the City of Durh;- within the next twenty years. Commissioner Halkiotis made reference to a meeting he and Chair 455 1'arey had with the City of Durham in which they were assured that this area is of in their annexation plans. Commissioner Willhoit noted that all of this area is either park or rural residential. By making this transition it would be a candidate for higher density zoning. Going to transition would be an opportunity to make it conforming instead of a high density area. If it stays non-conforming, over time it would assume a rural residential character consistent with the rest of the land around the park. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to deny the proposed plan amendment leaving it rural residential or park north of Interstate 85. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to ask the Planning Board to (1) address Paul Thames' suggestion on page 8 for additional requirements on water and sewer utility construction within areas under the County's jurisdiction and (2) look at other ways of enforcing the County's water and sewer policy and (3) pursue an interlocal agreement with Durham County on extensions of water and sewer and to bring back .a recommendation. VOTE: UNANIMOUS G. PROPOSED ZONING ORDINANCE TEXT AMENDMENT PERMITTED USE TABLE INURSING HOMESg SPECIAL USES OFF-STREET PARKING REQUIREMENTS AND DEFINITIONS Commissioner Gordon made reference to her memo dated August 17, 1993 in izhich she outlined her concerns about this amendment. It appears that from the dimensional requirements that these nursing homes may be very large and may have impacts on the surrounding neighborhoods. There are no requirements for buffers or screening and no concern about vehicular access as far as the neighborhood is concerned. She feels that if this amendment is approved, there should be adequate safeguards for the neighborhood. She questioned if this should be a public road with water and sewer. She feels a planned development would be better since it seems that these facilities may be very large. Planner Mary Willis stated that this amendment is in response to an inquiry from Meadowbrook Manor on Curly Road for expansion, remodeling and upgrading of the current facility which is not located in a commercial district. In looking at solutions, they reviewed different options to address this request. If this amendment is not approved, they will not be allowed to expand their facility. John Link stated that he has a concern that the terms intermediate care facility or skilled nurse care facility were not used in the amendment because these are the terms usually used in defining nursing home facilities. He asked that they look into using these specific terms in this amendment. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to refer this to the staff to develop some requirements in the context of a planned development approach. VOTE: UNANIMOUS NOTE: This will go to -the Planning Board for a recommendation before it is brought back to the County Commissioners. VIII. ITEMS FOR DECISION _ REGULAR AGENDA 456 A. SMOKING ORDINANCE John Link stated that the agenda abstract summarizes the change..c -. made. They are recommending that smoking be prohibited from County vehicle used to transport the public. Smoking is allowed in other County vehicles LL all occupants agree. Also, for the County Jail he is recommending that the Sheriff define designated smoking areas for inmates in the jail. Such designated areas may not include common areas. The ordinance authorizes the County Manager to define designated smoking areas within County buildings. Such designated areas shall not include offices, hallways, foyers, public entrances, stairwells, restrooms, meeting rooms, lobbies and common areas. He emphasized that this ordinance does not guarantee that a place in each building be designated for smoking. He will try to locate an area for smoking if it meets the criteria. However, if it is a building that has no space, he does not propose taking office space away from present use to create a smoking area. He noted that by September 15, he will identify those areas. The only building with a designated smoking area is the new Government Services Center. The Board discussed the smoking areas as listed in the agenda abstract. Geoffrey Gledhill, noted that the law indicates that no local law, rule or ordinance enacted and placed in operation prior to October 15, 1993 shall be amended to impose more stringent standards. It is not contemplated that this ordinance would be amended after October 15. It is his opinion that this ordinance is enforceable. John Link made reference to the ventilation requirements and noted that if the County is going to continue to allow smoking in certain parts of the buildings, they are saying that those parts of the building must be separated from the rest of the ventilation, heating and cooling system that. , serves the remainder of the building and he is not sure what that cost may be. John Link reiterated that this ordinance as it is written does na,. guarantee, whatsoever, that there be a designated space in each building beginning September 15, or guarantee that any building would be smoke free until 1995. He will in good faith work with staff in each building to look at what possibilities there may be but there may be some buildings that would not accommodate smoking inside. Commissioner Gordon asked about the implications of this ordinance dollarwise. John Link indicated that this ordinance does not guarantee designated smoking areas In any building. There is no .legal responsibility to provide designated -smoking areas. Geoffrey Gledhill distributed two revisions to the ordinance. He added a sentence which makes it clear that the County is under no obligation to spend money to provide a smoke-free environment. Don Stanford, Attorney in Chapel Hill and Professor at UNC, noted that any ordinance that seeks to accommodate a smoker's rights is mistaken in its basic approach. Instead of saying there are unappropriated areas or appropriate areas, simply don't allow people to smoke in a public building. It is a simple ban that will be nationwide in the near future. He feels the dangers of smoking are extraordinary. He feels the proper approach for the Board to consider is to ban smoking outright. He asked that the Board consider banning smoking in all public places in the County. He feels the first obligation of any governing body is to protect the welfare of the citizens by protecting them from the exposure of smoke. Commissioner Willhoit stated he supports providing a clea- environment for those who do not care to inhale primary or secondary smoke. Commissioner Gordon suggested waiting until the Board of Health adopts a policy and to consider this again on September 7, 1993. 457 Commissioner Willhoit noted he would be in favor of a smoke free nvironment now instead of waiting and phasing it in. y to Commissioner Halkiotis stated h is ea do need help to kick the retrofit the County buildings. However, these people habit. Chair Carey stated he is in favor of moving toward a smo e .ree workplace and would like to act on this ordinance tonight. Motion was made by Commissioner Insko, seconded by Chair Carey to adopt the local smoking ordinance as presented and amended with an effective date of September 15, 1993 . This Ordinance is attached to these minutes on pages and is in the official Ordinance Book in the Clerk's Office. VOTE: UNANIMOUS B. RECONSIDERATION FOR THE ASSIGNMENT OF SURPLUS VEHICLES TO VOLUNTEER FIRE DEPARTMENTS Commissioner Halkiotis expressed his desire to help the fire departments by providing them with the opportunity to purchase vehicles that the Sheriff's office turns in when they are replaced. One of the volunteer fireman indicated that they need these vehicles rts, attending training for their volunteers to use when going after pa sessions, etc. It will cost $2400 to retrofit the vehicle. Commissioner Insko sr nn limiting t opportunity to only the volunteer fir departments and not offering t t other volunteer agencies. Commissioner Willhoit noted that if the cars are transferred for less than book value, it is actually an appropriation. By using the auction F value it is still less and they have first chance to buy the vehicles. A motion was made by Commissioner Halkiotis, seconded by Chair Carey to reconsider this item. VOTE: AYES, 2 ; NOS, 3 (Commissioners Gordon, Insko and Willhoit) i i C. . ..DISPOSAL OF COUNTY OWNED PROPERTY In 1974, Orange County acquired by foreclosure a parcel of . land, roughly one-half acre in size, on 10th Street in Mebane. The grandson expressed an interest in acquiring the parcel. The current market value of the property is estimated at $14 , 080. seconded b Commissioner Motion was made by Commissioner Insko, Y Halkiotis to pursue the sale of this property under provisions of NCGS 160A-269 at a price of no less than the appraised value of $14, 080 and if no qualifying bid is received and the Board choose not to retain the property that it be conveyed to Habitat for Humanity, OCGC or some other affordable housing organization, assuming that organization demonstrates interest and can produce a plan for the timely and effective use of the property. VOTE:. UNANIMOUS D. 1993-94 BUDGET FOLLOWUP Commissioner Gordon suggested that #9 "Funding Equity for the Towr Library and Recreation" be reviewed in a cooperative process for countywide library and recreation planning to meet countywide needs in a cooperative way, It was decided to reword this goal to indicate that the discussion will be centered on consideration of a process for delivery of countywide delivery o: ' 458 library and recreation services and to consider this during the Commissioners, goal setting retreat in December. John Link indicated that he will have the libraries and tt 1 Recreation and Parks departments cite the cooperation and coordination that ib presently going on and to state the restrictions to increase this cooperation and coordination and also to address the funding issue. He will provide this . report to the Board by December. A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve the budget follow-up list as presented and as amended above. VOTE: UNANIMOUS E. 1993-94 COMMISSIONERS GOALS Commissioner Insko asked that three goals be added: (1) a feasibility study on the recommendations made by the Homeless Women and Children Task Force. (2) appointment of a task force to review and make recommendations for a shelter for homeless women and children, and (3) appointment of a task force to study the long range capital needs of the criminal justice system A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to add number one listed above to the 1993-94 Commissioners, goals. VOTE: UNANIMOUS It was decided that Commissioner Insko will prepare agenda abstracts with a charge and composition for numbers 2 and 3 . A motion was made by Commissioner Insko, seconded by Commissioner. .,. Willhoit to approve the 1993-94 Commissioners goals as amended. VOTE: UNANIMOUS F. ON-THE-JOB TRAINING CONTRACT The Board considered a contract with the Economic Development Commission to provide for the overall development of the On-the-Job Training program which includes recruiting employers, conducting job assessments, facilitating job placements, and monitoring placements, subcontracts and participant progress at the work site. This program will be funded by a $32 , 500. grant from the State Division of Social Services. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the On-the-Job Contract with the Economic Development Commission and to authorize the Economic Development Commission staff to contract, on behalf of Orange County, with subcontractors to accomplish the objectives of the JOBS Program. VOTE: UNANIMOUS G. SEPTEMBER 30 ASSEMBLY OF GOVERNMENTS MEETING FUNDING FOR GROWTH MANAGEMENT CONFERENCE A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to allocate $500 for a County/Town/UNC growth management conference which will be conducted as part of the Assembly of Governments meeting on September 30, 1993. VOTE: UNANIMOUS H. FALLS LAKE WATERSHED MANAGEMENT PROGRAM A motion was made by Commissioner Willhoit, seconded by Commissioner 459 Insko to approve and authorize the Chair to sign a letter as amended below supporting the concept of the development of a Falls Lake Management Program and formation of a Falls Lake Management Association which would address water quality in Falls Lake. AMENDMENT: ADD that the Board supports the concept of distributed regional economic development activities to minimize density in critical watershed areas and the concept of equity -- that the beneficial users of the water should assist in putting in the watershed protection measures. VOTE: UNANIMOUS I. PROPOSED MEMORANDUM OF UNDERSTANDING FOR THE DURHAM-CHAPEL HILL- CARRBORO METROPOLITAN PLANNING ORGANIZATION A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve a resolution expanding the Transportation Advisory Committee to include voting representatives from the Town of Hillsborough and the County of Chatham as stated below: R E S O L U T I O N THAT WHEREAS, it is recognized that the proper movement of travel within and through the Durham-Chapel Hill-Carrboro Planning Area is a highly desirable element of 'a comprehensive plan for the orderly growth and development of the area; and WHEREAS, there are a number of governmental jurisdictions within the Durham- Chapel Hill-Carrboro Planning area which have been authorized implementation . .and regulatory responsibilities for transportation by North Carolina General 'Statutes; and WHEREAS, it is desirable that a coordinated, cooperative and comprehensive transportation planning process be maintained in the Durham--Chapel Hill- Carrboro Planning Area to ensure that the transportation system is maintained on an efficient and economical basis commensurate with the public health, safety, and welfare; and WHEREAS, a revised Memorandum of Understanding between the Governor of the State of North Carolina, the Town of Carrboro, the Town of Chapel Hill, the County of Chatham, the City of Durham, the County of Durham, the Town of Hillsborough, the County - of Orange, and the -North__Carolina Department _of Transportation has been prepared that sets forth the responsibilities and working agreements for maintaining a continuing, cooperative and comprehensive transportation planning process. NOW, THEREFORE, BE IT RESOLVED BY THE Orange County Board of Commissioner of Orange County, ,North Carolina that the Memorandum of Understanding between the Governor of the State of North Carolina, the Town of Carrboro, the Town of Chapel Hill, the County 'of Chatham, the City of Durham, the County of Durham, the Town of Hillsborough, the County of Orange, and the North Carolina Department of Transportation be approved and that the Chairman and the Clerk are hereby directed to execute the Memorandum of Understanding for the Durham Chapel Hill-Carrboro Metropolitan Planning Organization. VOTE: UNANIMOUS IX. BOARD COMMENTS - NONE X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS A motion was made by Commissioner Insko, seconded by Commissioner 460 Halkiotis to appoint Tom Waldrop and Harnell Cornell to the Arts Commission for three year terms ending June 30, 1996 . VOTE: UNANIMOUS A motion was made by Commissioner Insko, seconded by Chair Carey to reappoint L. Beauchamp-Brown to the Nursing Home Advisory Committee for a three year term ending June 30, 1996. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Chair Carey to appoint Pat Evans and Bill Strom to the Economic Development Commission for three year terms ending June 30, 1996. VOTE: UNANIMOUS A motion was made by Commissioner Insko, seconded by Chair Carey to appoint Janice Ann Kosko and Doren Tuell to the Youth Services Needs Task Force for terms ending September 30, 1996. VOTE: UNANIMOUS A motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint Winnie Morgan to the Commission for Women for an unexpired term ending June 30, 1995. VOTE: UNANIMOUS A motion was made by Commissioner Insko, seconded by- Chair Carey to appoint to the Human Relations Commission Karen Mosley-Lyon and Ann M. Johnson to two year terms ending December 30, 1995 and M. Victoria Basolo and Quinton Baker to one year terms ending December 30, 1994 . VOTE: UNANIMOUS XII. MINUTES A motion was made by Commissioner Gordon, seconded by Commission, Halkiotis to approve the minutes as presented and listed below: June 29 , 1993 - Regular Meeting June 2, 1993 - Budget Public Hearing June 8 , 1993 - Budget Public Hearing June 14, 1993 -- Budget Work Session June 15, 1993 - Budget Work Session VOTE: UNANIMOUS XIII. -EXECUTIVE SESSION - LITIGATION A motion was made by Commissioner Insko, seconded by Chair Carey to . . .. adjourn to Executive Session to discuss litigation. VOTE: UNANIMOUS A motion was made by Commissioner Insko, seconded by Chair Carey to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS ADJOURNMENT_TO AUGUST 2 3___19 9 3 A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to adjourn the meeting to August 23 , 1993 at 6:45 p.m. in Superior Courtroom in Hillsborough, North Carolina for the purpose of going into Executive Session to discuss litigation. VOTE: UNANIMOUS Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 462 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY CONMSSIONERS Date August 17 1993 Name of Subdivision Falconridge Major Subdivision Owner/Applicant KLR Pro erties The Board of County Commissioners hereby approves the 9-lot Falconridge Major Subdivision Preliminary Plat, dated April 12, 1993, subject to the fulfillment of requirements specified herein. The only road in the proposed subdivision is Talon Lane. The developers request that this street be approved as a Class B private road. The Planning Staff found on January 14, 1993, -hat the number and size of lots, length of road, location and rural character of the surrounding area justify a private road. A Private Road Justification Statement and Declaration of Restrictions and Provisions for Private Road Maintenance were received from the owner/applicant on January 20, 1993 . Talon Road will have access to Miller Road (SR 1554) between Walker Road (SR 1553 ) and Baldwin Road (SR 1554 ) . Access to Miller Road will meet the requirements stipulated below. All access to properties will be via. Talon Lane. Bef.ore. the .Final Major Subdivision Plat of Falconridge may be recorded with the Orange County Register of Deeds, the following requirements must be completed:. A. Sewage Disposal 1. Each lot shall contain adequate areas for septic disposal and repair approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements shall be included in the Development Restrictions and Requirements Document to be recorded with the Register of Deeds 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 Division of Environmental Health. B. Roads and Access 1. Talon Lane shall be: a. Constructed to Class B private road standards as provided for in the Orange County Subdivision Regulations; b.. Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure construction to Class B standards. The guarantee must reflect 110 percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The Development Restrictions and Requirements Document .to be recorded with the Final Plat shall state that the financial guarantee will not be released until road construction has been certified. Bonds or letters of credit cannot be released until Talon Lane completion is certified; C . Inspected and approved to conform to the Orange County Erosion Control Ordinance. An erosion control plan will be required and a grading permit must be obtained; and d. Inspected by a North Carolina Professional Engineer or North Carolina Registered Land Surveyor and certified in writing to the Orange County Planning Department. 2. An erosion control plan for construction of the streets must be submitted. 3. All lots shall have access to the interior street, namely: Talon Lane. No lots shall have frontage on Miller. Road. (SR-..1554 ) . This restriction shall be stated on the Final Plat and in the Development Restrictions and Requirements Document. 4 . A 50-foot joint driveway centered on the property line between lots 5 and 6 will be constructed with the subdivision improvements on the property to cross the drainage on the front sides of these lots. 5 . At the intersection of -falcon Lane and Miller Road, 50 ' X 100 ' taper-triangles and 10 ' X 70" sight- triangles shall be indicated in accordance with NCDOT design standards . 6. Approved street name signs shall be erected at the intersection of Talon Lane and Miller Road as required in Section IV--B-3-c-12 of the Orange County Subdivision Regulations . Evidence shall be submitted by the applicant that signs are in place or a copy- of the receipt for purchase of the signs shall .be submitted to the Planning Department. 4643 C. Land Use Suffers and Landscaping 1� Landscaping in Falconridge Subdivision shall be: a. Installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department; or b. Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110 percent 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 the Development Restrictions and Requirements Document to be recorded with the Final Plat. D. Drainage 1 . Any stormwater detention/retention sites/undisturbed areas for infiltration shown on the approved Erosion Control Plan shall be labeled on the Final Plat. Use restrictions or other conditions shall be. specified p d in the Development Restrictions and Requirements Document. 2. The 100-year flood boundary scaled from Federal Flood Insurance Rate Maps (FIRM) shall be shown on the final plat on lots 4 and 5 . Development and use of land within the 100-year flood boundary shall be limited to . that specified- in the Orange County Flood Damage Prevention -Ordinance. 3. Lots 4 and 5 must be clearly labeled: "Use of land within a floodway or floodway fringe is substantially restricted by the Orange County Flood Damage Prevention Ordinance. " E. Parkland 1. Cash in the amount of $932 .00 ($3,624 .96/acre x 9 lots/35) shall be remitted to Orange County as payment in lieu of parkland dedication. F. Miscellaneous I. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Subdivision Regulations. 2. The following natural site feature shall be shown on the plat: 100-year flood boundary on lots 4 and 5 . 465 3 . Front setbacks of 50 feet shall be maintained as measured from the edge of rights-Cf-way of Talon Lane. Side yards shall be a minimum--of 50 feet, and reaz . yards a minimum of 50 feet. These setback requirements shall be stated on the plat, and in the Development Restrictions and Requirements Document to` be recorded with the Final Plat. G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor carve or shal y 1 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 Subdivision Regulations,zigned by the landowner and developer shall be on the face of the plat and included in the Development Restrictions and Requirements Document. 3. -The Division of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4 . Construction of Talon Lane must be certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer or North Carolina Registered Land Surveyor. 1 6. A Certificate of Approval shall be signed by the Orange - County Planning and Inspections Department. i ure f/Applicant Clerdr to the Sol . -- . .. off. County Commissioners �' i 9fV_ 64t e Date For KLR Properties, I, Larry W. Carroll, Jr. , accept the above lasted conditions of subdivision approval and acknowledge that each must be met prior to recordation of the final plat. 466 SUPERSEDED 10/14/93 by HEALTH BOARD RULi An Ordinance Regulating Smoking in Buildings Owned by or Leased to Orange County and Motor Vehicles Owned by or Leased to Orange County WHEREAS, North Carolina General Statutes 153A-121 authorizes the Board of County Commissioners of Orange County (hereafter "the Board" ) to enact an ordinance to protect the public health and safety and to promote the general. welfare of the citizens of Orange County (hereafter "the County" ) ; and WHEREAS, North Carolina General Statutes 153A-169 requires the Board to supervise the maintenance, repair and use of all County property and authorizes the Board to adopt, by ordinance, regulations concerning the use of County property; and WHEREAS, Representative groups of County employees have indicated that they desire a smoke-free work place and that they do not wish to be exposed to environmental tobacco smoke which in some instances irritates, aggravates or causes respiratory ailments by inhaling the second-hand smoke of employees who do smoke; and WHEREAS, There is a growing body of evidence to indicate that smoking is a major cause of certain preventable diseases and deaths in this country and the U.S . Environmental Protection. Agency has concluded that the widespread exposure to environmental tobacco smoke in the United States . . presents a serious and substantial public health impact; and - WHEREAS, The Board is committed to protecting and promoting the health and safety of citizens and employees by reducing exposure to environmental tobacco smoke . in County buildings and motor vehicles; and WHEREAS, County buildings and vehicles are at less risk of damage and abuse and more efficiently utilized and maintained at less expense and effort by the regulation therein of smoking. NOW, THEREFORE BE IT ORDAINED by the Orange County Board of Commissioners : I. Authorization This Ordinance is enacted pursuant to N.C. General 467 -2_ Statutes 153A-169 as .an exercise of the authority of the Board to regulate the use of County property, and N.C. General Statutes 153A-121, as an exercise of the police power to protect, promote and preserve the public health, welfare and safety of: -Citizens who use services provided in County owned or leased buildings or ride in County owned or leased vehicles. --County employees who work in County owned or leased buildings and use County owned or leased vehicles. 2. Definitions a. Smoking Smoking means possession of a lighted tobacco product, including but not limited to a lighted cigarette, cigar or pipe. b. County Building County building means any building owned by or leased to the County. It includes offices, restrooms, indoor walkways, stairwells, entrances, doorways, passageways, break areas, lobbies and work areas. C. County Vehicle County vehicle means any motor vehicle owned by or leased to the County including but not limited to cars, trucks, buses and vans.. 3 . Smoking Prohibited a. County Buildings Smoking in County buildings is prohibited except as may be designated in smoking areas as established in this section. (1) Designated smoking areas within County buildings, except for smoking areas for inmates (including pre-trial detainees) located in portions of the County Jail where inmates are housed, will be determined by written rule of the orange County Manager. Any such rule shall be distributed to County employees and shall be posted prominently in County buildings . Such designated areas shall not include hallways, foyers, public entrances, stairwells, restrooms, offices, lobbies, and -�- 468 common areas. Effective July 1, 1995 any designated smoking area must be: - Outside of the building, or - If within a County building, serviced by an adequate beating, ventilation and air conditioning system which provides a smoke-free environment for non-smoking employees and members of the public in the enclosed building. (2) Designated smoking areas for inmates (including pre-trial detainees) located in the portion of the County Jail where inmates are housed will be determined by written rule of the Orange County Sheriff. Any such-,rule shall be posted prominently in the County Jail. Such designated areas may not include common areas. Inmates (including pre-trial detainees) shall be provided the option of being housed in a section of the jail or in jail cells segregated as to smokers and non-smokers. Effective July 1, 1996 any designated smoking area for inmates (including pre-trial detainees) located in the portion of the jail where inmates are housed must be serviced by an adequate heating, ventilation and air conditioning system which provides a smoke-free environment for non-smoking inmates (including pre-trial detainees) . b. - County Vehicles Smoking is prohibited in County vehicles used to transport members of the public. Smoking is allowed in other County vehicles if all occupants agree. If occupants smoke, they are expected to empty ashtrays and ventilate the vehicle for subsequent occupants. C. Outdoors on County Property Smoking is permitted on land owned by or leased to the County outside of County buildings except as restricted by written rule of the Orange County Manager. Any such rule shall be distributed to County employees and shall be- posted prominently in County buildings . -4- 469 4 . Signs .w In public areas of County owned or leased buildings, there shall be conspicuously displayed appropriate signage prohibiting smoking except in designated areas. 5 . Construction This Ordinance shall not be interpreted or construed to permit smoking, where it is otherwise restricted or prohibited by other applicable laws, rules or regulations . The provisions of this Ordinance are severable. Any provision of this -Ordinance deemed by a court of competent jurisdiction to be invalid shall be severed and such severance shall not affect the validity of any other provision of this Ordinance. This Ordinance shall not be construed to require orange County to modif or construct any new or existing County-building to provide -therein a smoke-free environment for non-smoking employees- and members of the Rublic. 6 . Penalty Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500_. 00 or i imprisonment of not more than 30 days, in the discretion of the Court, in accordance with N.C. General Statutes 14-4 (a) . Read and approved upon first reading by a vote of 5 for and 0 against. This Ordinance shall become effective upon the 1 th day of September_, 1993. I, 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 August 17 1993 as relates in .any way to the adoption of the foregoing Ordinance Regulating Smoking in Buildings Owned or Leased by Orange County and Motor Vehicles Owned or Leased by Orange County and that said proceedings are recorded in Minute Book No. 27 of the minutes of said Board, beginning at page and ending at page