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HomeMy WebLinkAboutMinutes - 19960401APPROVED JUNE 3, 1996 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 1, 1996 The Orange County Board of Commissioners met in regular session on April 1, 1996 at 5:30 p.m. at the Pleasant Green Community Center in Eno Township, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be 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 Chair Carey added as item IX-F Jail/Courthouse Project: Rejection of Bids and also added to the Consent Agenda item Appointments - appointments to the Commission for Women as distributed and appointments to the National Organization on Disabilities. IL AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who have indicated a desire to speak to an item on the printed agenda will be recognized accordingly. B. MATTERS NOT ON THE PRINTED AGENDA -NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Willhoit asked that the Manager find out when the potholes will be fixed from Eno to Efland. Chair Carey requested that he also ask about the repair of all potholes. Commissioner Halkiotis asked that staff write letters to those interested groups about the rejection of the bids for the jail/courthouse addition explaining the situation. Chair Carey made reference to a letter asking the County to participate in funding for Hargraves Center. He has asked Chapel Hill Mayor Waldorf to provide a resolution which includes a broader and more coordinated approach to a project of this magnitude. Commissioner Gordon asked that all residents of Eno Township be recognized but there were none except for County Manager John Link. IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR ORANGE COUNTY SENIOR GAMES Robin Fuqua of the County's Recreation and Parks Department gave the history of senior games and read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the proclamation as stated below: PROCLAMATION FOR THE ORANGE COUNTY SENIOR GAMES WHEREAS, According to recent population figures, there are more than 15,000 persons over 55 years of age in Orange County; and WHEREAS, Orange County is concerned about the health, fitness, and social well-being of its mature adult population; and, WHEREAS, Orange County Senior Games provides a special opportunity for mature adults to grow positively in the areas of health, fitness and social well-being; and, WHEREAS, Orange County would like to encourage local businesses and resident support and participation from county resident support and participation from county residents age 55 and older; NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April 18 - May 1, 1996 as Orange County Senior Games Events Days and encourages citizens age 55 and over to participate. VOTE: UNANIMOUS B. COUNTY GOVERNMENT WEEK Sharron Siler, Management Analyst, told about the activities planned for County Government Week and read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the proclamation as presented and stated below: ORANGE COUNTY GOVERNMENT WEEK April 21 - 27, 1996 WHEREAS, April 21-27, 1996 is National County Government Week and North Carolina's 100 county governments are proud of their key role in the governmental partnership as the local provider and facilitator of important services for the community; and WHEREAS, With devolution - the shift of responsibilities from the federal level to state and local governments - Orange County faces the challenge of using limited resources efficiently and effectively to meet the needs of the public through such programs as health care, child and elder care, environmental protection, deed registration, social services, job training, public education funding, emergency medical services, drug and alcohol abuse treatment, law enforcement, water and sewer services, and library services; and WHEREAS, Orange County has initiated numerous model projects, including the on-going design and automation of human services functions, and other productivity programs which save current and future tax dollars; and WHEREAS, Orange County seeks a stronger partnership with its citizens in defining community problems and solutions through such efforts as strategic planning and local focus groups, and WHEREAS, Leadership in county government today requires a commitment to long hours and continued learning in a variety of topic areas, and a strong sense of purpose to assure that necessary services are provided without undue burden on the taxpayers. NOW, THEREFORE, We the Orange County Board of Commissioners do hereby proclaim the week of April 21-27, 1996, as Orange County Government Week, and further encourage all citizens to become familiar with the services provided by Orange County government. VOTE: UNANIMOUS C. PROCLAMATION DESIGNATING APRIL 21-27 AS ORANGE COUNTY INFANT IMMUNIZATION WEEK Alice Pettitt from Cooperative Extension Service gave background information on the program and asked that the proclamation be approved. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the proclamation as presented and stated below: PROCLAMATION ORANGE COUNTY INFANT IMMUNIZATION WEEK APRIL 21-27.1996 WHEREAS, April 21-27 has been proclaimed as National Infant Immunization Week; and WHEREAS, during National Infant Immunization Week all immunization providers are encouraged to work with their communities to vaccinate children by expanding clinic hours, increasing screening, and distributing educational materials; and WHEREAS, more than one-third of North Carolina two year olds are not age-appropriately immunized; and WHEREAS, North Carolina's goal is to achieve complete immunization of at least 90% of all North Carolina children by their second birthday; and WHEREAS, in an effort to increase the immunization rate in Orange County, the Cooperative Extension Service has organized the Orange County Coalition for Immunization, a group comprised of representatives of public and private agencies, civic, community and church groups, and volunteers; and WHEREAS, the mission of the Orange County Coalition for Immunization is to coordinate and promote free immunization clinics through Piedmont Health Services, Chapel Hill Home Health, and Orange County Health Department, by providing financial assistance, outreach, transportation, and educational efforts during National Infant Immunization Week April 21-27; and WHEREAS, the continuing goal of the Orange County Coalition for Immunization is to develop strategies for the year-round promotion of age-appropriate immunizations; and WHEREAS, it is essential to raise public awareness of the importance of age-appropriate immunizations and provide accessibility to immunizations through a collaborative community-based effort. NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby proclaim April 21-27 as Orange County Infant immunization Week, this the 1st day of April, 1996. VOTE: UNANIMOUS D. PROCLAMATION OF FAIR HOUSING MONTH IN ORANGE COUNTY Emily Condon, member of the Human Rights Commission, presented this proclamation for the Board's consideration of approval. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to adopt the proclamation as presented and stated below: FAIR HOUSING MONTH WHEREAS, April, 1996 marks the twenty-eighth anniversary of Title VIII of the Civil Rights Act of 1968, the Federal Fair Housing Act, which provided for equal opportunity for all Americans in the sale, rental and financing of housing and prohibited housing discrimination on the basis of race, color, religion, sex, age or national origin; and WHEREAS, the Fair Housing Amendments Act of 1988 added familial status and handicap to those classes protected by Title VII and added strong new rights, remedies, monetary penalties and judicial and administrative enforcement procedures; and WHEREAS, numerous studies have shown that housing discrimination is as pervasive, if not more so, than in 1968, and far more insidious than ever before; and WHEREAS, illegal barriers to equal opportunity in housing that diminish the rights of some of our citizens, diminish the rights of all; NOW, THEREFORE, do we the Commissioners of Orange County, proclaim the month of April, 1996 as FAIR HOUSING MONTH and commend this observance to all Orange County citizens. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER LEASING THE GEORGIA PACIFIC BUILDING Ted Abernathy, Director of Economic Development, made the presentation. He said that this public hearing is for the purpose of receiving public comment concerning a proposed lease of the Georgia-Pacific facility on Valley Forge Road in Hillsborough. NOTE: No comments were made. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the staff recommendation approving the lease with George Pacific contingent upon affirmative findings that the proposal meets all required findings in the State Statutes 158-7.1 and Orange County receiving a letter of confirmation from Georgia Pacific indicating their desire to not renew their option. The final lease will be presented to the Board of County Commissioners for their consideration of approval on May 14. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. APPOINTMENTS The Board approved the following appointments: Nursing Home Community Advisory Committee - Ms. Constance Suprano and Mr. Victor Recondo for their one year initial terms ending March 31, 1997. Commission for Women - Theresa M. Sull for a term ending June 30, 1998 and Andrea R. Lyn for a term ending June 30, 1997. National Organization on Disabilities - Marty Ravellette and Timothy Miles B. CONTRACT - ORANGE COUNTY SPEEDWAY This item was removed and considered immediately after the Consent Agenda. C. CONTRACT - DURHAM TECHNICAL COMMUNITY COLLEGE - FIRE TRAINING The Board approved and authorized the Chair to sign the renewal of a contract between Durham Technical Community College and Orange County, Department of Emergency Management, to provide administrative support for fire training in Orange County. D. CP-1-96 HISTORIC PRESERVATION ELEMENT The Board approved the Historic Preservation Element as part of the Comprehensive Plan as presented in the agenda. E. PROPOSED ZONING ORDINANCE TEXT AMENDMENT _ ARTICLE 23, VIOLATIONS, PENALTIES AND REMEDIES The Board approved a Zoning Text Amendment which increases the maximum fine resulting from criminal action in the courts from $50 to $500 as authorized by North Carolina General Statute 14-4. F. HOUSING REHABILITATION CONTRACT AWARDS The Board approved the following two housing rehabilitation contracts for the HOME Housing Rehabilitation Program: DWELLING UNIT BID AMOUNT CONTRACTOR #1 $ 29,735 Taylor Home Improvements #3 $ 29,999 Taylor Home Improvements G. FY1995 CDBG HOUSING REHABILITATION STATUS REPORT As a requirement of the County's plan for CDBG Program Administration for the FY1995 Housing Rehabilitation Program, the Board received the quarterly status report on expenditures and accomplishments as information. H. CHANGE IN BOARD OF COUNTY COMMISSIONERS MEETING CALENDAR The Board approved canceling the April 18, 1996 Joint Planning Area meeting because no items were received for this meeting. A special meeting has been scheduled for April 18, 1996 at 7:30 p.m. for an Assembly of Governments public forum on solid waste issues. This meeting will be at Carrboro Elementary School (later changed to Chapel Hill Town Hall). A special meeting was also approved for May 30, 1996 at 7:00 p.m. for an Assembly of Governments Informational Forum. This meeting will be held at the A. L. Stanback School for the purpose of receiving information on and discussion of the Youth Forum and to receive an historical review of the basis, inherent policy and procedures related to the Joint Planning Agreement between Chapel Hill, Carrboro and Orange County. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA B. CONTRACT - ORANGE COUNTY SPEEDWAY In answer to a question from Commissioner Gordon, EMS Administrative Director Janette Smith indicated that the $12,500 contract amount covers all expenses. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve a contract between Orange County Speedway and Orange County Department of Emergency Management to provide medical coverage for events and races held at the Speedway and authorize the Chair to sign on behalf of the Board, subject to review by the County Attorney. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. PROPOSED ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 6.23.11 WATERSHED PROTECTION OVERLAY DISTRICTS Planner Jim Hinkley summarized this item. This proposed amendment would authorize the Board of Adjustment to grant variances to allow the use of septic easements in watersupply watersheds for lots created before January 1, 1994. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve this amendment for lots created before January 1, 1994. VOTE: UNANIMOUS B. Z-1-96 SCHLEY COMMUNITY STORE AND FLEA MARKET -ZONING ATLAS AMENDMENT Planner Jim Hinkley presented information about the community store which has been in operation for 30 years. This request is for a rezoning from AR Agricultural Residential to EC-5 Existing Commercial. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the rezoning for a .82 acre lot from AR to EC-5 in Cedar Grove Township. VOTE: UNANIMOUS C. SUBDIVISION REGULATIONS TEXT AMENDMENT - DEDICATION - PAYMENT-IN- LIEU Planning Director Marvin Collins presented for the Board's consideration proposed amendments to the dedication/payment-in-lieu provisions of the Orange County Subdivision Regulations. The specific proposal is to amend Section IV-B-7-b, Recreation Sites, of the Subdivision Regulations to substitute a payment-in-lieu based on the cost of land and facilities associated with implementing a system of community and district parks. Currently, the payment-in-lieu includes only the value of land, and is based on the assessed value listed in the Orange County Tax Office. The average payment-in- lieu per household is presently $76. Under the proposed system, the payment-in-lieu would not exceed $455 per household. In addition to the payment-in-lieu, a change in the amount of land which must be dedicated for recreation sites is also proposed as outlined in the agenda. The Recreation & Parks Advisory Council recommends the service area approach. They also recommend that the land dedication requirement be set no lower than 1/57th of an acre per lot. The Planning Board voted 8-2 to table this item. They felt that if the payment-in-lieu proposal was to be an "interim" payment until the Master Recreation Plan was updated, it would be better to wait until the update was accomplished. The Administration recommends that the payment-in-lieu be set no higher than $455 per dwelling lot and that the land dedication required be set no lower than 1/57th of an acre. Marvin Collins explained the rationale for reducing the acreage from 1/35 of an acre to 1/57 of an acre. He said that when the payment-in-lieu was considered in the late 80's the County did not have a master recreation and parks plan. They used standards put out by the National Recreation and Parks Association which set the acreage at 1/35 of an acre. When the Recreation and Parks Plan was done and adopted by the Board, two kinds of parks were included - community parks and district parks. When these standards are combined, it comes out to 1/57 of an acre. In answer to a question from Commissioner Gordon about updating the fees, Marvin Collins indicated that these can be reviewed as part of the budget process. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the Recreation and Parks recommendation and the Administration recommendation which is to approve that the payment-in-lieu be set at $422 per lot for subdivisions within a community park service area and $455 per lot for subdivisions located within a district park service area and that the land dedication required be set at 1157th of an acre. VOTE: UNANIMOUS D. SUBDIVISION REGULATIONS -- TEXT AMENDMENT FLEXIBLE DEVELOPMENT PROPOSAL Planning Director Marvin Collins said that this discussion is a continuation of the March 21 work session. The design manual will be ready for consideration of approval at the Board's May 14 Board meeting. If there are additional comments, they will be considered in the final version. In answer to a question from Commissioner Willhoit, Marvin Collins indicated that Open Space percentages were not related to the goals for flexible optional development. With regard to groundwater concerns expressed by Commissioner Gordon, Marvin Collins indicated that these concerns could be addressed partially by the groundwater report being prepared by the USGS and also with the first plan because it provides the test case and the current "health-safety-welfare" clause provides the basis for how the County deals with those issues. Commissioner Gordon suggested a phased in approach which would avoid these concerns. Commissioner Willhoit asked that staff evaluate whether the County has the ability to turn down a proposal based on the availability of groundwater. Commissioner Crowther made reference to the notice for the public information meetings and asked that some wording changes be made so that it becomes a "neighbor" information meeting. Marvin Collins indicated that the definition for Affordable Housing is "at or below 80% of the median family income". He said that the results of a small area planning process can add to or take away from the Flexible Development approach through a zoning overlay approach if the area residents wish to do so. Commissioner Gordon said that she feels that allowing more than 25 lots to be served by a private road is excessive, particularly when no justification is required as is now for conventional subdivisions. Also she feels that the right-of-way should not be counted as part of the lot size and should be consistent for all types of developments. With regard to a question about expedited review, Collins said that there seems to be a reluctance on the part of the Planning Board and Commissioners to give staff this option. Staff approval is what the developers want, not expedited review that still requires Planning Board and Commissioners approval. Commissioner Crowther asked if there was ever any intent to establish a threshold based on acreage rather than major-minor subdivision split and if a 15-acre threshold could be established. Collins said that using 15 acres as a threshold creates a dilemma because 15 acres (or lots) is about the average size subdivision in the County. The dilemma is that a large number of lots would be excluded from even considering open space plans through such a threshold. Because properties change so dramatically from one to the next, there is an uncertainty as to the results. That uncertainty is why the one year evaluation period and the evaluation of each project is so important - to determine whether the approach will be used and what needs to be changed. Collins confirmed that the number of perc sites as determined by the use of individual systems and wells; e.g., the yield plan, determines the number of lots, and the use of alternative systems is limited by that number. The Board decided that instead of making a decision on each issue, that staff would provide a list with recommendations for the County Commissioners to consider at their May 1, 1996 meeting. E. PROCESS FOR DEVELOPING 1996-2006 GENERAL ASSEMBLY LEGISLATIVE AGENDA John Link summarized the material in the abstract. All bills must be submitted to the Bill Drafting Section by May 22 and must be introduced in either the House or Senate by May 29. Commissioner Gordon asked about the county line with Alamance. Geof Gledhill encouraged the Board to proceed with establishing the line with Person and Caswell Counties even if Alamance does not want to be included. He will call Caswell to see if they have any objection to moving forward on this local legislation. Chair Carey asked about the reforestation and what is happening in surrounding states. He was told that Fletcher Barber, Cooperative Extension Director and the Department of Soil Conservation are working on this. F. JAILICOURTHOUSE PROJECT - REJECTION OF BIDS Purchasing Director Pam Jones summarized the information distributed for this item. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the administration recommendation to reject all bids received on August 28, 1995 for the construction of the Jail/Courthouse Project including the bids for renovations/painting of the Old Courthouse. VOTE: UNANIMOUS X. REPORTS A. PRESENTATION OF THE 1996-2006 CAPITAL IMPROVEMENTS PLAN John Link made reference to the material that was distributed. He summarized the highlights of major changes including (1) private placement funding for two new elementary schools (one each system) and an addition to the new East Chapel Hill High School, (2) major addition to Orange High School, (3) lease or purchase payments for the Skills Development Center and (4) continued emphasis on automation. He proposed that a public hearing be held on April 16 and further discussion by the Board take place on May 1. The Board asked for a copy of the Ray Taylor report on school population projections which will be provided prior to the public hearing. They agreed to proceed with the schedule as outlined above by the County Manager. John Link will ask each School Board to bring the student projection figures they are using to the April 16 meeting. B. EMS SERVICE DELIVERY AND FINANCING PROPOSAL Rod Visser made this presentation. The Board received a report on proposed changes to the delivery and financing of Emergency Medical Service in Orange County. This proposal was in the agenda materials. In summary, the report outlines the specifics of the EMS Resource Subcommittee's recommendations, as modified by the full EMS Advisory Council at their meeting on March 27, 1996. Key components include: provision of all initial responses to 911 EMS calls by County paramedics in initial response vehicles; provision of all emergency ambulance service by South Orange and Orange County Rescue Squads; and financing through a special district tax, broad fee for service, or some combination of both. Chair Carey commended the members of these committees for reaching a consensus and voiced his support for the service delivery model. He feels the volunteers are important as well as the spirit of their effort to help their community and that whatever is done should enhance and improve the skills of the volunteers who will always be needed. Commissioner Crowther also endorsed the service delivery model. Chair Carey asked for additional information on collection when it is appropriate. In answer to a question from Commissioner Willhoit, Rod Visser said that the estimated total cost of the service delivery model is $1.8 million which is the worst case scenario. Commissioner Willhoit asked what happens with the surplus funds or if expenses would increase and why fund it entirely from the general fund. He would like to separate the financing part from the service delivery part and during budget deliberations discuss the transition phase of this process. After a brief discussion, it was decided that the Board would discuss further the issue of whether or not to charge insurance companies and set up a mechanism for collection. A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to receive the report, endorse the service delivery model and reject financing option #1 which was based on a combination of elective memberships and fee for service. VOTE: UNANIMOUS C. BUILDING ADDITION FOR COMMUNITY SCHOOL FOR PEOPLE UNDER SIX A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the addition for Community School for People Under Six at the Northside Facility in Chapel Hill. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for the Board to discuss, Chair Carey adjourned the meeting. The next regular meeting will be held on April 16, 1996 at 7:30 in the Chapel Hill Town Chambers, Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk