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HomeMy WebLinkAboutMinutes - 19940419781 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS APRIL 19, 1994 REGULAR MEETING The Orange County Board of Commissioners met in regular session on Tuesday, April 19, 1994 at 7:30 P.M. in the OWASA community meeting room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey deleted Report "A" on Community Child Protection and Commissioner Gordon asked that Consent item "A" be postponed to the next meeting. Commissioner Willhoit asked why the item on County Commissioners' compensation was not on this agenda. Chair Carey indicated that if the Board wishes, this could be on the next agenda. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who have indicated a desire to speak ,will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Troy B. Sluder spoke on behalf of several of the landowners on site 17. He distributed information to the Board and expressed a concern, about the process being pursued by Joyce Engineering. Commissioner Willhoit indicated he will take these concerns to the next Landfill Owners Group meeting scheduled for next Thursday. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Insko gave a couple of examples of how giving county Commissioners benefits did not help in particular situations. It was the consensus of the Board that this issue is no longer active and should not be put back on the agenda. Commissioner Halkiotis expressed a concern about the large recycling bin at WalMart which is now gone. He feels the County needs to provide something that is readily accessible to downtown Hillsborough. Commissioner Willhoit indicated that he and Mayor Johnson sent a letter to WalMart in an effort to find a suitable location. He also talked to Mayor Johnson about making it a requirement that shopping centers have facilities for recycling. John Link said that he was upset that it was removed and that County staff will support any alternative that is viable. Commissioner Willhoit will keep the Board informed about this situation. 782 Commissioner Gordon noted that Triangle J will select a new executive director tomorrow evening. IV. COUNTY MANAGER'S REPORT John Link recognized and congratulated Elaine Holmes and Paul Thames for their graduation from the County Administration Course. The Board commended them for their accomplishment. John Link noted that tomorrow they will hold their "County Official for a Day" program. Students will work with department heads and learn about County government. V. RESOLUTIONS/PROCLAMATIONS A. CHILD CARE NETWORKS This item was presented by Sue Mattern. A motion was made by commissioner Halkiotis, seconded by Commissioner Willhoit to approve the proclamation to celebrate ten years of continuing valuable service to the community on July 1, 1994 as stated below: PROCLAMATION CHILD CARE NETWORKS WHEREAS, Child Care Networks was established in response to human services needs identified by an Orange County Human Services Needs Assessment conducted in 1982, and WHEREAS, the founding of Child Care Networks was a collaborative effort of Orange County, the University of North Carolina at Chapel Hill, UNC Hospitals and a group of dedicated community volunteers from all parts of Orange County, and WHEREAS, Child Care Networks continues to be supported by funds from Orange County, the University, the Hospitals and by many dedicated community volunteers, and WHEREAS, Child Care Networks serves more than twelve hundred families each year who live or work in Orange County, and WHEREAS, Child Care Networks serves more than two hundred orange County child 'care providers with development services, and WHEREAS, Child Care Networks will celebrate ten years of continuous valuable service to the community on July 1, 1994, and WHEREAS, this is the National Week of the Young Child, NOW THEREFORE, the Orange County Board of Commissioners. does recognize, congratulate and declare its gratitude to the Board of Directors, staff members and volunteers of Child Care Networks for the agency's ten years of service to children, families and child cart providers in Orange County. VOTE: UNANIMOUS 783 VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Tara Fikes presented this item to receive public comments. There were no public comments. The Board authorized the staff to proceed with developing an application based on needs which have previously been identified. VIII. ITEMS FOR DECISION - CONSENT AGENDA John Hartwell, member of the Habitat for Humanity, told about their efforts in providing affordable housing. He thanked the Board for the land exchange as described in item I and said that this will enable them to build a single family dwelling. He briefed the Board on what is happening with Habitat and their growth in the last few years. By Christmas they will have a total of 37 houses built. Commissioner Halkiotis commended John Hartwell for the leadership role he has taken with this organization. A motion was made by commissioner Gordon, seconded by Commissioner Insko to approve those items on the Consent Agenda as stated below: A. MINUTES This item was removed from the Consent Agenda. B. BID AWARD FOR CLEARING AND GRADING OF PROPERTY SOUTH OF NEW COURTHOUSE The Board awarded the bid to Roy Wilkerson Construction Company for a sum of $16,837.50. One other bid was received from Jerry McCullock Grading Company for $18,400. C. SMART START GRANT AWARDS FOR THE PERSONAL HEALTH DIVISION The Board accepted three grant awards from the orange county Partnership for Young Children, through the State's "Smart Start" program. The grant awards areas follows: (1)- Planning grant for a home visiting program in the amount of $9,526; (2) Equipment and program improvements grant for developmental toys, etc. in the amount of $1,326; (3),Equipment and program improvement grant for a lap--top computer in the amount of $3,350 D. PROFESSIONAL SERVICES CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND THE UNC SCHOOL OF MEDICINE, DEPARTMENT OF FAMILY MEDICINE The Board approved and authorized the Chair to sign the renewal of a Professional Services Contract between the Orange County Health Department and the UNC-CH School of Medicine, Department of Family Medicine which provides faculty members who serve as part-time medical director and clinician. E. AGREEMENT BETWEEN THE UNIVERSITY OF NORTH CAROLINA HOSPITALS AND ORANGE COUNTY FOR ITS HEALTH DEPARTMENT "7 8 4 1 The Board approved and authorized the Chair to sign the renewal of an Agreement between UNC Hospitals and Orange County for the Health Department-,, through which the Hospital agrees to provide shared office space for maternity Care Coordinator from the Health Department. F. 1994-95 CONTRACT BETWEEN THE NC DEPARTMENT. OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES AND THE ORANGE COUNTY HEALTH DEPARTMENT The Board approved and authorized the Chair to sign the annual consolidated contract between the NC Department of Environment, Health and Natural Resources and the Orange County Health Department subject to approval from the county attorney and county purchasing director. G. STATE FUNDING FOR ENVIRONMENTAL HEALTH, FOOD AND LODGING The Board approved and authorized the Chair to sign the budget forms and the contract amendment for state funding in support of the Environmental Health, Food and Lodging Programs through the consolidated contract with the Department of Environment, Health and Natural Resources. H. INCREASE IN STATE FUNDING FOR FAMILY PLANNING,. MATERNAL AND CHILD XTr'Ar.Ir It The Board .approved and authorized the Chair to sign the budget forms and the contract amendment accepting an increase in funding from the consolidated state contract to enhance the Family Planning, Maternal and Child Health budgets. 1. RESOLUTION TO EXCHANGE PROPERTY - ORANGE COUNTY AND HABITAT FOR HUMANITY The Board adopted the resolution as stated below which authorizeL..._ the land exchange between Habitat for Humanity and the County: NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS, Orange County owns a tract or parcel of land located in Cheeks Township, Orange'County, North Carolina, off of Richmond Road (SR 1312), and it is part of the lot described in the orange County tax map as 3.31.A.37„ PIN # 9844-39--4709, hereafter referred to sometimes as Tract B and sometimes as the County owned lot, and WHEREAS, the heirs of John L. Efland, Sr. own a tract or parcel of land adjoining the orange County property in Cheeks Township, orange County, North Carolina, on Richmond Road (SR 1312), and it is part of the lot described in the Orange County tax map as 3.31.A.20C, PIN # 9844-39-2803, hereafter referred to sometimes as Tract A and sometimes as the Efland lot, and WHEREAS, Tract A and Tract B are also designated as such on the plat of survey entitled "Property Surveyed for Orange County" by Callemyn Land surveyors, dated 3/9/94 and on file in the Orange County Manager's office, and will be filed with the orange County Register of Deeds when the deeds are exchanged, to which plat reference is hereby made for more detailed information, and WHEREAS, Tract A is being donated by the John L. Efland heirs to Habitat For Humanity, and 785 WHEREAS, A, and Orange County wishes to exchange part of Tract B for part of Tract WHEREAS, in the exchange the County would receive a triangle shaped portion of the Efland lot, valued at $1,202, which would be joined with an adjacent 1.5 acre County owned lot, providing road to be joined with a the remainder of the Efland lot. This would make the Efland lot suitable for building a home for the Habitat for Humanity project access to the existing County owned lot, and WHEREAS, in exchange the county would provide a rectangular portion of its 1.5 acre lot, valued at $1,082, to be joined with the remainder of the Efland lot, making the Efland lot suitable for building a home for the Habitat for Humanity project, and WHEREAS, Orange County is receiving full and fair consideration for the land it owns, and WHEREAS, Orange County has held a public hearing on this land exchange after giving 10 days' public notice which described the properties to be exchanged, stated the value of the properties, and announced the Board of Commissioners intent to authorize the exchange, and WHEREAS, North Carolina General Statutes S160A-271, authorizes Orange county to exchange any real property belonging to the County for other real property. IT IS THEREFORE RESOLVED THAT 1. Orange County, pursuant to North Carolina General Statutes S160A- 271, offers to exchange with the heirs of John Efland, Jr. the property described above as Tract B for the Orange County property described above as Tract A. 2. The Chair of the Board of County Commissioners is authorized to execute a deed for Tract B, on behalf of Orange County (and the Clerk to the Board of Commissioners is authorized to attest this deed), in a form approved by the orange County Attorney, naming as.grantee Habitat for Humanity. 3. The Orange County Attorney is authorized to accept on behalf of Orange County, the deed for Tract A, in a form approved J. SUPPLEMENTAL QUESTIONNAIRE FOR CITIZENS INTERESTED IN SERVING ON THE PLANNING BOARD The,Board agreed to suspend using the application supplement for citizens interested in serving on the Orange County Planning Board. K. REVISED CHARGE AND MEMBERSHIP OF THE EMS ADVISORY COUNCIL The Board endorsed the updated EMS Advisory Council operating guidelines as presented and recommended by the EMS Advisory Council. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. WASTEWATER TREATMENT OVERSIGHT IN ORANGE COUNTY John Link made introductory remarks which are included in the agenda abstract. Paul Thames reported that the abstract includes answers to 786 several questions from commissioners Gordon and Insko. These questions mainly had to do with the tier of service or the level of monitoring type four_,._ systems. There are a number of things on which the Board needs to give sta. ;. direction. He made reference to the chart in the abstract which outlines ai-.. the types of systems and the state regulatory agency responsible for the system, the number of systems, required inspection frequency from OCHD and the required inspection frequency management entity. Commissioner Halkiotis expressed a concern with the $100 fee per inspection. Paul Thames explained the process that will be followed in performing the inspection stating that he feels the $100 is an accurate representation of the cost of conducting the inspection. Commissioner Gordon said that she and Commissioner Insko were also concerned about the cost and the fact that all inspections will cost the same. However, the staff did not come up with any alternatives. They did not feel that all the taxpayers should pay for these inspections through their taxes when it only involves a few systems. Commissioner Willhoit asked if it is generally recommended that somebody have DEH type three systems inspected every five years and Paul Thames stated that this is a requirement of the State. Commissioner Insko made reference to the fees and asked that a report be brought back to the Board after there is a track record so they can determine if the fee is covering the cost or if it is too high. Commissioner Insko made reference to the DEH four tiers and said that one of their guiding principles was.that the Health Department should not do something that the private sector can do successfully. The experience has been that the private sector is not performing to a standard that will protect the County so the recommendation is that the Health Department do a backu'-' inspection. She would recommend tier 2 which is annual for the first two c, three years until it can be determined if the private sector can improve their- performance level. At that time, the Health Department could do the inspections at the tier 1 level. Commissioner Gordon said that at the Piney Mountain development, there were no required inspections. If the county gets into this and the landowners are not charged, then the taxpayers must pay. If the Board wants to avoid situations like Piney Mountain, an inspection program needs to be in place.. She feels that the Board should. not expect__the general taxpayers to pay for specific owners of the systems. If it is too much to charge to cover the cost, then they have to protect the public health less and go back to what is required by the State. Commissioner Halkiotis feels that a charge of $50.00 would be more reasonable.. He knows that if the Health Department does the inspections it will be done right. He feels that people need to be educated to the fact that these inspections are being mandated to the County. John Link noted that the Board can vote on the cost recovery percentage. Commissioner Willhoit expressed a concern with duplication of lab results for a test required by DEM. Paul Thames stated that a certified lab result for a test required by DEM could be submitted whether the sample was taken by the Health Department or the operator. Commissioner Willhoit feels that a public hearing should be held and notices sent to all people who have those systems so maybe they can get more direct feedback about some of the problems out there. Chair Carey agreed that fees should be related to costs. As soot. as Orange County has an agreement with DEM, the County can obtain copies of 78 reports on specific systems sent to the Health Department and will not need to do the inspections themselves. Commissioner Gordon feels that the Board needs to agree on what should go to public hearing. one question to consider is do they want the fees to be based on cost'. She suggested listing concerns for the staff to address before it goes to public hearing. In response to a question from Commissioner Insko about the DEM Discharging sand Filter and DEM Package Waste Treatment Plants, Paul Thames said that the reason they recommend a quarterly frequency is that there is a lot of room for an operator to manipulate the recording system whereby the system can operate a large percentage of the time in noncompliance with its permit. The Board agreed with the percent of cost recovery and will take total cost recovery to public hearing to receive citizen comments. They further agreed to take the proposal as presented to public hearing. They will discuss the pros and cons of the proposal in an effort to inform the public about the program. Commissioner Willhoit stated he is not opposed to the proposal. His concern is that the first level of monitoring is to look at the monitoring that is presently being done. The inspection frequency and monitoring that is being proposed may be overkill when the management of the problem may be very simple. Paul Thames clarified that the only reports submitted to DEM are those that require a laboratory analysis. If there is groundwater monitoring required from a low pressure system or spray irrigation system where samples are taken from sampling wells for lab analysis, the reports go to DEM. The reports for the discharging systems that require sampling of the effluent and of upstream and downstream of the discharge stream go to DEM. Owners of discharging sand filters or spray irrigation systems generally do not have to submit reports to DEM unless they have monitoring wells. Commissioner Insko made reference to the financial guarantees on page five of the abstract and said she does not want to include this for public hearing. A motion was made by Commissioner Insko, seconded by commissioner Willhoit to take to public hearing the proposed systems as listed on the chart using tier 2 under DEH. Type 4. with the recommendation that' the , lien is combined with the letter of credit for financial guarantee, and full cost recovery for inspections. VOTE: UNANIMOUS John Link said that the staff will prepare for the Board a notice that provides the pros and cons and puts in statement form what is being proposed. It was decided that the Memo of Understanding and the rules and regulations will be discussed at a later time. B. Z-10-93 PALIOURAS ENTERPRISES XNC. FOR A ZONING ATLAS AMENDMENT Mary Willis made the presentation. The proposed zoning lot is situated on the southeast quadrant of the I-85/NC 86 interchange. The proposed area contains 37.97 acres and is owned by Paliouras Enterprises, Inc. The current zoning is CC-3(MTC) Community Commercial (Major Transportation Corridor) and R-1 (MTC) Rural Residential (Major Transportation Corridor). Proposed zoning for the property is GC-4 (MTC) General Commercial (Major 7S S Transportation Corridor). The property surrounding this parcel is in the zoning jurisdictions of both the Town of Hillsborough and Orange County. This request was initiated by the owner to correct an alleged error in the Zonir.- '. ordinance in terms of the original zoning for this property. The proposal wa... presented at public hearing on November 22. The Planning Board recommends approval. The administration recommends that the County Commissioners deny . the request for the rezoning on the basis that there was no error in the original zoning of the property and that the Land Use Plan can better be implemented through the creation of an Economic Development District in that area cooperatively with the Town of Hillsborough. The Administration further recommends that the county Commissioners pursue aggressively with the Town of Hillsborough a cooperative venture to designate the NC 86/1-85 interchange area as an Economic Development District. In answer to a question from Commissioner Halkiotis on why the owners thought there was an alleged error, Ms. Willis said that the use they proposed for the property was permitted in the higher zoning designations but not permitted in the lower designations of the CC-3 zoning. Commissioner Insko stated that in essence the County is delaying the change because if an Economic Development District is created, it would include all this property. A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Administration recommendation as stated above and to contact the Town of Hillsborough as soon as possible to move ahead on the possibility of designating the NC 86/I-85 interchange area as an Economic Development District. John Paliouras stated he has been trying to rent this propert--,"',, since October for a car lot. He has one in Alamance County. His problem i,,. that there is a massage parlor which makes the entrance to Hillsborough look`, terrible. He wants to make a living and give back to the community. He asked that this rezoning be approved. Chair Carey said that he appreciates the situation and that the County plans to work with the Town of Hillsborough so that the area can be developed in a coordinated way with the surrounding area. There will be an opportunity for public input during the deliberations. VOTE: UNANIMOUS Attorney Geof Gledhill said that one of the advantages of an Economic Development District is that the zoning of all that property including the massage parlor can be reviewed. C. CHARGE. TO PROPOSED WORK GROUP FOR THE I-40/OLD 86 ECONOMIC DEVELOPMENT DISTRICT John Link outlined the changes made to this charge as shown in boldface type in the agenda. After a brief discussion, the Board reworded "i" to read as follows: i. District Boundaries -- How would the EDD boundaries be changed from the current proposal. What is the relationship between the area along east and west sides of old NC 86 and the EDD. The Board agreed that at the end of each meeting, there will be a: opportunity for the citizens to discuss the actions of the group. A motion was made by Commissioner Insko, seconded by Commissioner 789 Halkiotis to approve the guidelines as amended above and to develop a specific proposal for the I-40/Old 86 Economic Development District that will be responsive to the majority of interests listed above; and to present this proposal to the Orange County Board of Commissioners and the Town of Hillsborough no later than October 1, 1994. VOTE: UNANIMOUS Commissioners Halkiotis and Willhoit volunteered to be part of this Work Group. D. REQUEST FOR SUBSIDY FROM THE NEW HOPE SCHOOL PARENTS' COMMITTEE Commissioner Willhoit asked that the Board consider subsidizing the Parents' School Grounds Maintenance Committee of New Hope Elementary School in their procurement of mulch from the LOG Landfill. It was decided that Commissioner Halkiotis would work with this group to get the necessary mulch for the grounds at New Hope Elementary. X. REPORTS A. COMMUNITY CHILD PROTECTION REPORT This report will be given at the next meeting. B. ARCHITECT PRESENTATION OF OPTIONS RE: DEVELOPMENT OF COURT SPACE AND SHERIFF'S OFFICE RENOVATION Pam Jones presented information on the options for development of .new court space. With reference to the Sheriff's office, the space vacated by the Board of Elections will be renovated to allow for a more secure facility. There will be additional office space as well as a conference/training room and a larger waiting area. The upstairs will be renovated to add an interview room and toilet facilities. The cost of the project is estimated at $220,000. With reference to additional court space, they feel it will be more feasible to do a free standing addition on Churton Street that renovating the upstairs. This addition will have a courtroom for 125 people, a jury deliberation room, restrooms, and office space for the judge and secretary and- . a lobby area. The cost including the site work is estimated to be $280,000.-- The other alternative of placing the addition on Margaret Lane would have an estimated cost of $406,000. Commissioner Willhoit asked that the architect consider an addition on. Margaret Lane which would be connected to the ground floor of the new courthouse, finished off with a flat roof with a patio or courtyard area. The Board asked that the court personnel review these drawings and that the County Manager bring back a recommendation. Commissioner Gordon stressed the need for a long-range plan for the courts and sheriff's department. C. REPORT FROM THE SHAPING ORANGE COUNTY'S FUTURE COMMITTEE: "THE DEVELOPMENT OF A COMPREHENSIVE QUALITY GROWTH STRATEGY AND COMMUNITY BUILDING PLAN FOR ORANGE COUNTY" David Stancil made the presentation. The Town of Hillsborough has decided not to participate. The Town of Carrboro adopted the resolution and the Town of Chapel Hill approved the resolution and referred the budget 790 matters to the four managers. The Board agreed to endorse the plan and to participate in the,:_ process. Commissioner Willhoit asked for information on the populatic_:.,: growth expected within the municipalities. Chair Carey questioned the resources necessary for developing this. plan and the additional workload on County staff. Commissioner Willhoit emphasized that this is a countywide process and is not focused only on rural areas outside the municipalities. . Commissioner Insko feels that there are many issues to discuss and that the nature of these issues needs to be communicated to the public. The Board agreed that Hillsborough needs to participate and will encourage the Hillsborough Commissioners to do so. A motion was made by Commissioner Insko, seconded by commissioner Gordon to adopt the resolution as stated below and to refer the budget issues and the division of the workload back to the four managers and to respond positively to having an Assembly of Governments.meeting on this issue. A RESOLUTION AUTHORIZING A COOPERATIVE COMPREHENSIVE QUALITY GROWTH STRATEGY AND COMMUNITY BUILDING PLAN FOR ORANGE COUNTY WHEREAS, Orange County is at a crucial period in its history; while it is recognized nationally as a desirable place to live, it is facing development pressures which could erode the quality of life; and WHEREAS, the 4 governing bodies of orange County have charged a Steering Committee comprised of representatives from the Towns of Carrboro, Chape.- '? Hill, Hillsborough, and Orange County with developing cooperatively a propose...;. process for undertaking a comprehensive quality growth strategy and community'- building plan for Orange County; and WHEREAS, the 4 governing bodies of Orange County desire to work together with citizens to develop a model growth strategy and a community building plan; NOW, THEREFORE, BE IT RESOLVED by the governing bodies of Orange County that the_ bodies receive the report of. the Steering Committee titled "The Development of a Comprehensive Quality Growth Strategy and Community Building Plan for Orange County," and hereby resolves that the governing bodies accept the proposed process outlined in the report, and pledge their best efforts to help carry out the process. BE IT FURTHER RESOLVED that this governing body thanks the Steering Committee for its work to date on developing the proposed comprehensive quality growth strategy. VOTE: UNANIMOUS D. SOUTH ORANGE RESCUE SQUAD - RESCUE SERVICE DISTRICT PROPOSAL Ray deFriess distributed additional information and briefly summarized the proposal. He asked that their request to create a South Orange Rescue Service District be considered by the County Commissioners. Commissioner Willhoit said that he supports the South Orange Rescu Squad and their efforts to provide emergency medical service. He feels tha4. the County should provide the funds necessary and fold them into the EMS 791 system. Commissioner Insko noted that the committees developing the orange County Emergency Medical Services Strategic Plan needs to meet and bring back a proposal. The Board asked that the County Staff bring back a recommendation. XI. APPOINTMENTS - NONE XII. MINUTES - NONE 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, May 2, 1994 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk