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HomeMy WebLinkAboutMinutes - 19951219APPROVED 2112196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, DECEMBER 19, 1995 The Orange County Board of Commissioners met in regular session on Tuesday, December 19, 1995 at 7:30 p.m. in the OWASA community meeting room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen Halkiotis and Don Willhoit COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell and Deputy Clerk to the Board Kathy Baker (All other staff members are identified appropriately below.) NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE 1. ADDITIONS OR CHANGES TO THE AGENDA Item VI II(H)- Certification Plan Amendment - Data Processing Manager was removed from the Consent Agenda for discussion. John Link added to the agenda a Closed Session to discuss litigation. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who want to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. BOARD COMMENTS Commissioner Halkiotis reported that the State Indian Commission chose not to recognize the Occaneechi-Saponi Nation. He asked that the Resolution supporting the recognition of the Occaneechi-Saponi Nation as adopted by the Board of Commissioners be signed by each of the Commissioners and copies be distributed to each Commissioner. He intends to go with John Blackfeather Jeffries to Raleigh to discuss this matter with the State Indian Commission. IV. COUNTY MANAGER'S REPORT John Link reported on the updated Orange County Transportation Development Plan. Jerry Passmore displayed the new signs for the transportation system. He introduced and recognized the work of the past Chair of the Transportation Board, George Snowden, and the current Chair, Ed Siebert. V. RESOLUTIONSIPROCLAMATIONS A. PROCLAMATION FOR MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY Michael Mezei, Human Relations Commission member, read the Proclamation for Martin Luther King, Jr., day in Orange County. A motion was made by Commissioner Stephen Halkiotis, seconded by Commissioner Alice Gordon, to approve the proclamation as stated below and authorize the Chair to sign. PROCLAMATION IN RECOGNITION OF MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY WHEREAS, Martin Luther King, Jr. was instrumental in the struggle for human rights worldwide, and WHEREAS, Martin Luther King, Jr. was the inspiration for civil and human rights nationwide, and WHEREAS, Martin Luther King, Jr. believed in civil rights for all people, and WHEREAS, many jurisdictions nationwide recognize the great legacy to humankind inherent in the work and teachings of Martin Luther King, Jr. by observing a day in his honor, NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners proclaims January 15, 1996 as MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY BE IT FURTHER RESOLVED that the Orange County Board of Commissioners asks the community to join in honoring Martin Luther King by participating in local community observances of this day and incorporating his goal and dream of human rights for all into their lives. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS -NONE VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve those items on the Consent Agenda as stated below. Item VIII(H) was removed for discussion. A. APPOINTMENTS The Board of Commissioners made the following appointments: OPC Mental Health - Tony Dalton was reappointed to his 2nd term which will expire on December 31, 1999. Nursing Home Community Advisory Committee - Ramish Patil was appointed to his first term which will expire on December 31, 1996. Human Relations Commission - Ramish Patil was appointed to his first term which will expire on December 31, 1998. Orange Community Housing Corp. - James R. Summers was appointed to his first term which will expire on December 31, 1997. Chapel Hill/Orange County Visitors Bureau - Raymond Strunk, Jr., was appointed to his first full term which will expire on December 31, 1998. John P. Kennedy, Jr., was appointed to his first full term which will expire on December 31, 1998. Triangle J EMS Council - Derek C. Chrisco was appointed to his first full term which will expire December 31, 1997. B. MINUTES The Board of Commissioners approved the minutes for October 12, November 8, and November 14, 1995 C. TRANSFER OF COUNTY OWNED PROPERTY TO TOWN OF CHAPEL HILL FOR AFFORDABLE HOUSING PURPOSES The Board of Commissioners approved the resolution as presented approving the transfer of a small parcel of County owned real property to the Town of Chapel Hill for affordable housing uses. The property is on Scarlette Drive in Chapel Hill and is identified as 7.27A.B.7 (Tax Reference Number). D. RESOLUTION TO CHANGE THE TRIANGLE J COUNCIL OF GOVERNMENTS CHARTER The Board approved the Resolution as stated below to change the Triangle J Council of Governments Charter: RESOLUTION TO CHANGE THE TRIANGLE J COUNCIL OF GOVERNMENTS CHARTER WHEREAS, The Triangle J Council of Governments' work and fiscal operations are controlled by an organizational Charter and By-laws, WHEREAS, member dues structure is set forth in the Charter, WHEREAS, the TJCOG member governments would like to pursue alternative funding methods, WHEREAS, transferring the assessment and structure of dues from the Charter to the By-laws allows the Board of Delegates more flexibility in establishing and modifying the dues structure, WHEREAS, any change to the TJCOG Charter requires the approval of 213 of member governments, WHEREAS, The Triangle J Board of Delegates requests the approval of this resolution and the approval of the change to the organization's Charter NOW, THEREFORE BE IT RESOLVED that the County of Orange approves the proposed Charter amendment as proposed by the Board of Delegates. E. HOME PROGRAM - DEVELOPMENT AGREEMENT The Board approved the Development Agreement with the Orange Community Housing Corporation for the Carr Court Project and authorized the Chair to sign the document on behalf of the Board upon approval by the County Attorney. F. CDBG PROGRAM - ENVIRONMENTAL REVIEW RECORD The Board authorized the publication of a Notice of Intent in the Durham Morning Herald on or about December 21, 1995 Requesting a Release of Funds and authorized the Chair to sign the Request for Release of funds on behalf of the Board. G. SUBSTITUTE CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND THE UNC SCHOOL OF MEDICINE FOR ITS DEPARTMENT OF COMMUNITY PEDIATRICS The Board recommended approval of the substitute contract with the Department of Community Pediatrics allocating $3,082 for emergency phone consultation as needed during non- business hours and authorized the Chair to sign the contract. H. CLASSIFICATION PLAN AMENDMENT - DATA PROCESSING MANAGER This item was removed from the Consent Agenda and considered below. 1. APPROVAL OF COUNTY TRANSPORTATION DEVELOPMENT PLAN UPDATE The Board approved and adopted the Orange County Transportation Development Plan Update 1995-1996 and approved its submission to the N.C. Department of Transportation. J. APPROVAL OF CONTRACT FOR ORANGE COUNTY ARCHITECTURAL MANUSCRIPT PREPARATION/SURVEY COMPLETION The Board approved the contract between Orange County and Mattson, Alexander and Associates for preparation of a publication manuscript of the Orange County historic resources inventory and completion of the architectural survey. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA H. CLASSIFICATION PLAN AMENDMENT - DATA PROCESSING MANAGER Commissioner Gordon asked if the job description for this position was being revised for the recruitment process? John Link indicated that a person with a variety of skills was being recruited. An Assessment Panel composed of Department Heads and staff from the Association of County Commissioners will handle the interview process. The staff at UNC's Data Process program will also be asked for input in the process. He felt that the changes in the description of the job should be reviewed after the person who is hired has been on the job for six months or so. Don Willhoit mentioned that Keith Brooks had done an excellent job for the County. He requested that there be a formal opportunity to express appreciation to him for a job well done. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to amend the Classification and Pay Plan by changing the class title of Data Processing Manager to Information Systems Director. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. PINEY MOUNTAIN WASTE TREATMENT SYSTEM CONSTRUCTION PROJECT CLOSEOUT This item was presented by County Engineer Paul Thames. He said that in order to close out the County's role in the Piney Mountain subdivision waste treatment system project they need to a) convey system ownership to OWASA; b) close out the County's Piney Mountain project account and return all remaining funds to the Piney Mountain Homeowners Association; and c) join in a declaration and release of restrictions on the Piney Mountain Homeowners Association-owned portion of the abandoned wastewater treatment system so that the Association can dedicate all acreage contained therein to Recreation/Open Space. He mentioned that OWASA has agreed to accept this system. This report, dated December 14, 1995 is the in permanent agenda file in the Clerk's office. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to adopt the resolution to convey system ownership to OWASA, return all funds remaining in the County's Piney Mountain project account to the Homeowners Association and, together with the Homeowners Association, declare the Homeowner Association-owned portions of the abandoned wastewater treatment system property restricted as Recreation/Open Space for the use and enjoyment of the residents of the Piney Mountain subdivision. (Copies of the Declaration of Release and the Resolution Concluding Orange County's Role and Interest in the Development, Ownership and Operation of the Piney Mountain Subdivision Waste Treatment System is in the permanent agenda file in the Clerk's Office. VOTE: UNANIMOUS B. UNIVERSITY MANOR - PRELIMINARY PLAN This item was presented by Planner Mary Willis for the purpose of considering the Preliminary Plan for University Manor Phase I Subdivision (formerly Stoney Creek Farm). Between September 1994 and February 1995 Concept Plans for four subdivisions in the vicinity of NC 10, New Hope Church Road and University Station Road were approved by the Planning Board. The combined Concept Plans propose a total of 493 lots. University Manor Phase I is the first Preliminary Plan to be submitted. The property is located on the south side of NC 10 east of New Hope Church Road, and is known as lots 5.27..20 and 20A of Tax Map 26, Eno Township. The zoning district is R-1 Rural Residential. The Land Use Plan designation is Rural Residential. An area of about 2.8 acres in the northeast corner of the subdivision is located in the Upper Eno Protected Watershed. Forty-seven residential lots are proposed on the 95-acre portion of the property located on the west side of Stoney Creek. A decision on this item must be made by January 19, 1996. In response to a question from Commissioner Gordon, Geof Gledhill indicated that the restrictive covenant would include information about whether or not each lot was large enough for a private well system. The disclosure could also include a disclaimer about fire protection capabilities. He indicated that it would be appropriate to require notification if the water system would not provide adequate fire protection. Commissioner Willhoit asked if the Orange County Schools had been officially contacted about whether or not they see a need for a future school site in this area? He indicated that he felt inclined to deny this request based on it not meeting the overall goal of the Land Use Plan. Commissioner Crowther asked if the Water Resources Committee's final report would be available in the near future and whether it would provide information about ground water at this site. Paul Thames stated that it would not be available for several years. Septic tank information about individual lots is also site specific. Trends in water quality and yield do exist, however, it is not possible to say with certainty what the yield or quality would be on a specific site without first obtaining more information than the committee is currently scheduled to gather. Commissioner Gordon commented that fractured rock is common in Orange County which means that a new well could cause an existing well to run dry. David Rooks, attorney for the applicant, commented that the actual number of units will be considerably lower than what was presented on the concept plan. His client, Mr. Bailey, felt that community wells have worked extremely well in his previous developments. They are required to undergo rigorous testing and ultimately provide a better sources of water than individual wells. He stated that in theory it is possible to get more lots using a system of community wells, however, in practice that is not what usually happens. Commissioner Willhoit moved that the Resolution for the University Manor Phase I Preliminary Plan be denied. Commission Carey stated that he would vote in opposition to this motion if it is seconded. The applicant has complied with the County's ordinance and if the community well is properly certified the County's obligation will have been met. Commission Halkiotis agreed with Commissioner Carey's comments. In answer to a question by Commissioner Gordon, Geof Gledhill indicated that he did not see a basis for denial. The applicant seems to have complied with all the requirements of the Comprehensive Plan. Commissioner Willhoit asked how park and recreation land would be guaranteed if developments were approved in a piecemeal fashion. The payment-in-lieu option does not meet the communities need for recreation space. Mary Willis mentioned that this is a unique situation. Individual owners of contiguous land are being represented by one developer. The developer has expressed interest in trying to work toward developing this community in a way that provides for parks and recreation areas. David Rooks commented that the Planning staff has made it clear that they will not allow the Concept Plan to be used to circumvent requirements. For example, a traffic study will be required when a certain number of units have been approved regardless of where in the development plans that occurs. John Link indicated that staff has informally contacted the superintendent and has been advised that the County School System is not interested in a school site in this area. A motion was made by Commissioner Willhoit, seconded by Commissioner Carey, to request an official response from the Orange County School Board in regards to a school site in this area. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey, to approve the Resolution for the University Manor Phase I Preliminary Plan with the disclaimer that if the community water system fails certain lots may find that individual wells would not be possible because of inadequate space or water unavailability. VOTE: AYES: 3; NOS, 2 (Commissioners Crowther and Willhoit) C. PROPOSED CHANGE TO THE BYLAWS FOR THE COMMISSION FOR WOMEN Commission for Women Director Lucy Lewis asked that the Board consider a proposed change in the Commission for Women by-laws. She mentioned that this Commission is committed to geographic representation, however, the wording of the by-laws makes the township representation too restrictive. This has allowed some Board positions to remain vacant for a long time, while preventing some well-qualified applicants from being considered for membership. Commissioner Willhoit indicated that he did not feel that the by-laws need to be changed. He believes that the townships can be represented with increased recruitment efforts. Commissioner Gordon said that she supports the revisions. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to approve the proposed change in the Commissioner for Women by-laws. VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Crowther and Willhoit) D. CLASSIFICATION PLAN AMENDMENT - LIBRARY Personnel Analyst Lana Chandra asked the Board to consider amending the Orange County Classification and Pay Plan to: • change the class title of Retired Senior Volunteer Program (RSVP) Literacy Coordinator to English as a Second Language (ESL) Coordinator. • Change the class title of Librarian to Librarian II, and • add the class of Librarian at Salary Grade 65 A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis, to amend the Classification and Pay Plan as recommended. VOTE: UNANIMOUS Commissioner Gordon commented that the Orange County Library is an excellent library. She commended Brenda Stephens and her staff on the good work that they have accomplished. Commissioner Halkiotis asked that a report be compiled that distinguishes the percentage of library users who live in the Town of Hillsborough. He requested similar information regarding use of the Recreational and Animal Control services. X. REPORTS A. STATUS REPORT ON THE IMPLEMENTATION OF THE REGIONAL BICYCLE PLAN Transportation Planner Slade McCalip presented a status report on the implementation of the Regional Bicycle Plan and asked the County Commissioners to consider adopting a resolution that the Regional Bicycle Plan be used as a guideline in the development of a Bicycle Component to the Transportation Element of the Orange County Comprehensive Plan. Commissioner Gordon asked what the cost of this project is expected to include. Slade replied that the only cost would be in his time commitment. John Link asked what the long range use of this plan would be. Slade McCalip said that an example of its use was the situation when DOT was notified that the bridge over the New Hope Creek is a designated bike route. They then agreed to design the bridge for bike lanes with appropriate railings. Hopefully, the bike route designation will be used in similar ways in the future. Commissioner Gordon mentioned that the Transportation Advisory Committee (TAC) is encouraging alternative transportation methods. She felt that the TAC could use an adopted Bicycle Plan as leverage when making requests of D.O.T. for sidewalks and bikeways. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon, to: A) adopt the following resolution, B) receive as information the results of the Draft Orange County Bicycle Suitability Study, and C) receive as information the Basics of Bicycling Project Mini-Contract Applicant Information form and response from NCDOT Office of Bicycle & Pedestrian Transportation. A RESOLUTION DIRECTING THAT THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA REGIONAL BICYCLE PLAN BE USED AS A GUIDELINE IN THE DEVELOPMENT OF A BICYCLE COMPONENT TO THE TRANSPIRATION ELEMENT OF THE ORANGE COUNTY COMPREHENSIVE PLAN WHEREAS, The Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee has adopted the Regional Bicycle Plan; and WHEREAS, the Transportation Advisory Committee has referred the Regional Bicycle Plan to the local governments for implementation; and WHEREAS, the Orange County Department of Planning has reviewed the Regional Bicycle Plan and recommends the incorporation of the rural portions of the Plan into the Orange County Comprehensive Plan as a Bicycle Component to the Transportation Element, and WHEREAS, The Orange County Department of Planning will use the Bicycle Component to the Transportation Element of the Orange County Comprehensive Plan to implement the recommendations of the DCHC Regional Bicycle Plan, NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Durham-Chapel Hill-Carrboro Urban Area Regional Bicycle Plan, as adopted by the Transportation Advisory Committee, be used as a guideline in the development of a Bicycle Component to the Transportation Element of the Orange County Comprehensive Plan. This the 19th day of December, 1995. VOTE: UNANIMOUS XI. APPOINTMENTS - None. X1 1. MINUTES - None. XIII. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon, to go into closed session for the purpose of litigation; John Gray vs. Orange County Health Department. G.S. Section 143-318.11(a)(3). VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn the closed session and reconvene into regular session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to come before the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, January 16, 1996 at 7:30 p.m. at the OWASA Community Meeting Room, Carrboro, North Carolina. Moses Carey, Jr, Chair Beverly A. Blythe, Clerk m