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HomeMy WebLinkAboutMinutes - 19960805APPROVED 9117196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 5, 1996 The Orange County Board of Commissioners met in regular session on Monday, August 5, 1996 at 7:30 p.m. at the Orange Grove Community Center in Bingham 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) CLOSED SESSION- To consult with the Count Attorney pursuant to N.C. Gen. Stat. Section 143- 318.11(a)(3) in the matter of McCormick v. Orange County and the Orange County Board of Adiustment A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to go into Closed Session to consult with the County Attorney pursuant to N.C. Gen. Stat. Section 143-318.11(a)(3) in the matter of McCormick v. Orange County and the Orange County Board of Adjustment. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reconvene the meeting into Regular Session. VOTE: UNANIMOUS 1. ADDITIONS OR CHANGES TO THE AGENDA By consensus, the County Commissioners added 2 appointments to the Consent Agenda as distributed and switched Decision Item E and B. II AUDIENCE COMMENTS A. Matters on the Printed Agenda Chair Carey asked that citizens who want to clipboard so they will not be overlooked. B. Matters not on the Printed Agenda 1. Community Concerns - NONE speak to an item on the agenda sign up on the PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. BOARD COMMENTS Chair Carey welcomed citizens of Bingham township and found that there were three citizens from the township present. Commissioner Halkiotis asked that the Clerk and County Manager formulate a promotion plan to spread the word about the heroism policy that the Board approved some time ago. Commissioner Halkiotis made reference to the town of Hillsborough and the services that the County provides for them. He asked that the Town reciprocate the County by helping on specific requests. As Vice-Chair of the Board of Directors for the Triangle SportsPlex, he sent a letter to the Town asking that they consider reducing the costs for water to that facility. The Town did not react favorably to this request. He suggested that the County place a moratorium for providing any additional services for the Town of Hillsborough until they have a meeting of the minds. Chair Carey made reference to a letter from Charles Milch, Chief Executive Officer of the Home Health Agency of Chapel Hill, Inc. informing the Board that the Home Health Agency of Chapel Hill has been acquired by Columbia/Raleigh Community Hospital and the Columbia Healthcare System. As a result of this acquisition, the Agency's tax status will change from not-far-profit to a for-profit entity. He suggested that the Board rescind their decision to fund this agency. An agenda item will be placed on the next agenda to rescind the $30,000 approved in the 1996-97 budget. It was the consensus of the County Commissioners to cancel their work session scheduled for August 15, 1996. It will be rescheduled. IV. COUNTY MANAGER'S REPORT County Manager John Link distributed a news release announcing the location of a new high- tech communications manufacturer, International Fiberoptic Technologies, Inc., in the Mebane area. The firm will move into the 10,000 square foot building formerly occupied by Duke Power Company. They will manufacture passive fiber optic couplers and hire an initial 20 employees with an additional 30-50 by the end of the company's first year. It was the consensus of the Board to have a groundbreaking for the addition to the jail and courthouse and the Southern Human Services Building. V. RESOLUTIONS/PROCLAMATIONS A. Resolution of Appreciation for Kermit M. Lloyd A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the Resolution of Appreciation for Kermit M. Lloyd as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION OF APPRECIATION FOR KERMIT LLOYD ON THE OCCASION OF HIS RETIREMENT AS ORANGE COUNTY ASSESSOR WHEREAS, Kermit Lloyd has served the citizens of Orange County faithfully for almost 20 years; and WHEREAS, he has served with honor, integrity, and distinction as Orange County's assessor since 1982; and WHEREAS, he has administered a program of property appraisal, billing, and listing that has consistently emphasized accuracy and fairness to all citizens; and WHEREAS, under his stewardship, Orange County has implemented a highly successful program of quadrennial in-house ad valorem property revaluations; and WHEREAS, Kermit Lloyd retired from his duties as Orange County Assessor on July 31, 1996; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby recognize Kermit Lloyd for his leadership as Orange County Assessor and for his faithful service to Orange County for almost 20 years; and FURTHER, BE IT RESOLVED that the Orange County Board of Commissioners expresses its appreciation to Kermit Lloyd for his integrity and fairness in discharging his duties on behalf of Orange County citizens, and further offers its heartfelt congratulations and best wishes upon the occasion of his retirement. This, the 5th day of August, 1996. VOTE: UNANIMOUS B. Appointment of Orange County Assessor A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the resolution appointing John Smith to complete the unexpired term of the Orange County Assessor as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPOINTING JOHN SMITH TO COMPLETE THE UNEXPIRED TERM OF THE ORANGE COUNTY ASSESSOR WHEREAS, Mr. Kermit Lloyd retired on July 31, 1996, following nearly 20 years of faithful service to Orange County and its citizens; and WHEREAS, Mr. Lloyd had been appointed by the Orange County Board of Commissioners to serve a two year term as Orange County Assessor covering the period from July 1, 1995 through June 30, 1997; and WHEREAS, state law specifies that in the case of a vacancy occurring in the office of assessor, that the Board of County Commissioners shall appoint a qualified person to serve as county assessor for the period of the unexpired term; and WHEREAS, the Orange County Manager has recommended that Mr. John Smith be appointed to complete the unexpired term of the Orange County Assessor based on his extensive qualifications and his excellent service to Orange County since 1985 as Chief Appraiser and Revaluation Supervisor; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners, as provided for under Chapter 105-294 of the North Carolina General Statutes, does hereby appoint John Smith as Orange County Assessor for the balance of the two year term that ends on June 30, 1997; and BE IT FURTHER RESOLVED THAT Mr. Smith shall be compensated by an annual salary of $59,423; and further, that based on his length of service to date, Mr. Smith shall continue to be entitled to all other pay and benefits as are made available to other permanent County employees under the provisions of the Orange County Personnel Ordinance. VOTE: UNANIMOUS C. Resolution in Recognition of the "Orange Count Smart Start Dental Program" Chosen by the NCACC as the Recipient of the 1996 Outstanding County Program Award in Human Services Health Director Dan Reimer made comments about this program. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the resolution in Recognition of the "Orange County Smart Start Dental Program" award as stated below: ORANGE COUNTY SMART START DENTAL PROGRAM 1996 NCACC OUTSTANDING COUNTY PROGRAM AWARD WHEREAS, Orange County has been awarded a 1996 Outstanding County Program Award from the North Carolina Association of County Commissioners (NCACC) for the health department's Smart Start Dental Program; and WHEREAS, Through this competitive award process, the NCACC recognizes county governments for their unique achievements in (4) program areas including: Human Services, General Government, Environment, and Public Awareness; and WHEREAS, The Smart Start Dental Program was one of four programs selected as a recipient from 19 entries in the Human Services category; and WHEREAS, The Orange County Health Department established this program through grant funding from the Orange County Partnership for Young Children (OCPYC) (Smart Start) to promote preventive dental health education and identify needs and barriers concerning access to dental care for children ages 0-5 years; and WHEREAS, Through collaborative efforts with the UNC School of Dentistry, dental students, dental hygiene students and a pediatric dentist preceptor are provided for this program; and WHEREAS, This program provides; (a) dental screenings to children in day care centers, family day care homes, Family Resource Centers and the health department; (b) dental health education to teachers, parents and children; (c) referrals for dental treatment; and (d) follow-up services for children in need of dental treatment; and WHEREAS, During 1995, dental screenings for 1605 children were performed by five teams of examiners; and WHEREAS, The Health Department will continue to implement the Smart Start Dental Program with the goals of preventing tooth decay in children at a young age; thereby, preventing pain, infection and costly dental treatment; and helping parents overcome the barriers to receiving dental care. NOW, THEREFORE We, the members of the Orange County Board of Commissioners, do hereby acknowledge the Orange County Smart Start Dental Program for their efforts and offer congratulations on the receipt of the 1996 NCACC Outstanding County Program Award for Human Services. VOTE: UNANIMOUS D. Endorsement of a State-Wide Pharmaceutical Assistance Program for Low Income Senior Adults Jerry Passmore, Director of the Department on Aging, presented for the Board's consideration a resolution endorsing the need for a statewide pharmaceutical assistance program for senior adults, age 60+, who fall within a defined income/expense range and who do not qualify for Medicaid. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENDORSING A STATEWIDE PHARMACEUTICAL ASSISTANCE PROGRAM FOR LOW INCOME ELDERLY WHEREAS, low income older adults comprise approximately one-fourth of the North Carolina elderly population; and WHEREAS, there are nearly 300,000 North Carolinians, many elderly, designated as "poor", and receiving no assistance with the purchase of prescription medications; and WHEREAS, nationally, North Carolina has the ninth highest poverty rate for people age 65 and older, and WHEREAS, Medicare, available to all citizens over 65, provides no assistance for purchase of retail medications; and WHEREAS, older adults represent 12% of U.S. population, but consume 34% of all prescription drugs, and by the year 2000 older adults are estimated to consume close to 50% of all prescribed drugs; and WHEREAS, a high percentage of elderly hospital admissions are due to medication misuse; and WHEREAS, in recent years, prescription drug prices have risen at a rate three to five times that of inflation making it difficult for low-income elderly to follow the doctor's orders; and WHEREAS, low income older adults who do not qualify for Medicaid can not get assistance with the purchase of prescription drugs in North Carolina like ten other states; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby endorse the need for a statewide pharmaceutical assistance program for senior adults, age 60+, who fall within a defined income/expense range and who do not qualify for Medicaid; and FURTHER, BE IT RESOLVED that the Orange County Board of Commissioners advise the Governor and state legislators of the need to establish a statewide pharmaceutical assistance program. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS A. Presentation--Certificate of Achievement for Excellence in Financial Reporting The Board acknowledged receipt of the Government Finance Officers' Association Certificate of Achievement and recognized the individuals responsible for this achievement. These individuals include Finance Director Ken Chavious and his staff. VII. PUBLIC HEARINGS (8:40-8:45) A. Community Development Block Grant Program Director of Housing and Community Development, Tara Fikes made this presentation. No comments were received. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to authorize the staff to proceed with an application based on needs expressed by citizens. 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: Orange County Board of Adjustment - Janice Owen for a term ending June 30, 1998 Commission for Women - Martha Stodt Oxenfeldt for a term ending June 30, 1998 Human Services Transportation Board - Ed Siebert for an undefined term Youth Services Advisory Commission - Mary Fanning Morrison and Elden Dwayne White for terms ending June 30, 1999. B. RFP Award - Computer Training Classes for Orange County Employees The County Commissioners authorized the Manager to award the RFP to New Horizon Computer Learning Center of Durham at a cost of $745.00 per class and authorized the Manager to sign a contract pending staff and attorney approval. Two other bids were received: Solid Computer Decision, Inc. for $1,089 per class and Corporate Software Training, Inc. for $1,200 per class. C. Budget Amendment #1 - East Chapel Hill High School/New Elementary School Planning Capital Project Ordinances The Board approved a request from the Chapel Hill/Carrboro School system to amend the Capital Improvement Plan by appropriating $288,000 in impact fees anticipated to be received during 1996- 97. The following revenue is anticipated to complete this project 1992 Bond Proceeds (1992-93) $ 3,642,000 1992 Bond Proceeds (1993-94) $ 738,000 1992 Bond Proceeds (1994-95) $17,620,000 Transfer from General Fund (1995-96) $ 438,604 Transfer from General Fund (1996-97) $ 23,139 Transfer from Impact Fee Fund (1996-97) $ 250,000 Public School Building Fund $ 315,465 The following amount is appropriated for this project: New High School $23,027,208 D. Tax Collector's 1995-96 Annual Settlement The County Commissioners accepted the Tax Collector's settlement as reported in the agenda and as accepted by the Clerk as stated below: RESOLUTION APPROVING THE TAX COLLECTOR'S ANNUAL SETTLEMENT FOR THE CURRENT YEAR 1995 AND PRIOR YEARS BE IT RESOLVED by the Board of Commissioners of Orange County that the following documents attached hereto are received and approved, consisting of the following: (1) Tax Collector's Report of 1995 Unpaid Taxes on Real Property (2) Tax Collector's Report of 1995 Unpaid Taxes on Personal Property (Insolvent List) (3) Tax Collector's Report of 1995 Unpaid Taxes on Motor Vehicle Taxes (4) Settlement of 1995 Tax Accounts (5) Settlement of Prior Years (1985-1994) Tax Accounts (6) Report of Tax Bills Less Than $5.00 NOTE: The Tax Collector provided the Clerk with a diskette with all the information thereon. This will become a part of the Permanent Agenda File in the Clerk's Office. E. RFP Award - In-Home Aide Services The County Commissioners authorized the Manager to award the RFP to Monarch Healthcare Systems of Durham at an amount not to exceed $20,412.00 and authorized the Manager to sign a contract with Monarch pending staff and attorney approval. Other bids were received from Community Care, Inc. for $21,192.30 and Healthforce for $21,354.00. F. Jail Inspection Report The County Commissioners accepted the jail inspection report for July 11, 1996 from the North Carolina Department of Human Resources. G. Hyconeechee Regional Library Contract Agreement Renewal The Board approved and authorized the Chair to sign a renewal contract between the counties of Caswell, Orange and Person. The contract reflects no change in the content of the contract. H Renewal Application for Elderly and Disabled Transportation Assistance Program The Board approved and authorized the Chair to sign the Certified Statement of participation in the North Carolina Elderly and Disabled Transportation Assistance Program. This application is for $32,626 in state funds to provide medical transportation for senior citizens and disabled persons. 1. Memorandum Renewal with North State Legal Services The Board approved and authorized the Chair to sign a Memorandum of Agreement with North State Legal Services, Inc. for the provision of legal services for county residents sixty years and older. J. 1996-97 Small Business and Technology Development Center (SBTDC) The Board approved and authorized the Chair to sign a contract with The Small Business and Technology Development Center to provide significant services to local businesses. The commitment is for $10,000 to be paid in two installments of $5,000 each. K. Animal Protection Society Contract Renewal The Board approved and authorized the Chair to sign the updated contract with APS for the 1996-97 Fiscal Year. L. Classification Plan Amendment - HVAC Mechanic The Board amended the Orange County Classification and Pay Plan by adding the new class of HVAC (Heating, Ventilating and Air Conditioning) Mechanic at Salary Grade 65. M. Grand Oak Estates, Phase IV - Preliminary Plan The Board approved the Preliminary Plan for Grand Oak Estates Phase IV per the resolution of approval. The property is located just east of Grand Oak Estates Phases I and II, on the east side of St. Mary's Road between Lipscomb Grove Church road and Terry Road. Fifteen lots are proposed out of 24.98 acres. N. Z-2-96--Neal and Betty Tapp - Zoning Atlas Amendment The County Commissioners approved a request for a Zoning Atlas amendment from Neighborhood Commercial-2 to Rural Buffer per the Planning Board findings and recommendation. The property is approximately 4.8 acres of a 28.46 acre tract. It is bounded by 1-40 to the west and Mill House Road to the east and is located at the north intersection of these two roads. 0. CDBGIHOME Program Contract Awards The Board awarded a Demolition Contract to Martin Landscape Service in the amount of $2,500, and a construction contract to Carolina Model Home Corporation for $46,300 for the cost of providing replacement housing at 321 West Corbin Street in Hillsborough. Four other bids were received D. H. Griffin Wrecking Company at $6,000, Hinesley Thompson at $5,200,W & W Developers, Inc. at $2,900 and Eno Mountain Homes at $5,000. P. Citizen Participation Plan The Board approved the Citizen Participation Plan for use in the implementation of federal and state housing programs. The plan sets forth a process to allow citizen input at all stages of housing program implementation as well as during the evaluation and monitoring phases. Q. Community Development Block Grant Award The Board approved and authorized the Chair to sign the Grant Agreement; funding approval form and signatory form and certification cards for the 1996 Community Development Block Grant award upon the review and approval of the County Attorney. R. HOME Program/Development Agreement Amendment The Board approved and authorized the Chair to sign an Amendment to the Development Agreement under the HOME Program with the Orange Community Housing Corporation for the Magnolia Place subdivision upon review and approval of the County Attorney. S. CDBG Program/Development Agreement Amendment The Board approved and authorized the Chair to sign an Amendment to the Development Agreement under the CDBG Program with the Orange Community Housing Corporation for the Magnolia Place subdivision after the review and approval of the County Attorney. T. Minutes The Board approved the minutes as presented for April 16, May 28, 30, June 10, 12, 1996. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. ITEMS FOR DECISION--REGULAR AGENDA A. Merritt Mill Square John Link presented for the Board's consideration a request from Empowerment, Inc., a non- profit community development corporation, for $30,000 to assist in the acquisition of Merritt Mill Square in Chapel Hill. Empowerment, Inc. is pursuing the acquisition of Merritt Mill Square in order to preserve the ten rental units presently offered in the community. For the past several years, Merritt Mill Square has offered affordable efficiency units for lower income individuals. He said that staff would be supportive to fund this from contingency or the general fund balance. Myles Presler, Director of Empowerment, Inc.. said that there are four to six banks working with BB&T to purchase these ten units and renovate them. The units are affordable at $325.00 including utilities. He asked that Orange County contribute $30,000 to this effort. He said that the tenants will have an organization and a board which will encourage the tenants to secure better employment, improve their education and move on. Chair Carey said that he talked with Donna Dyer who said that Orange Community Housing supports reappropriation of $50,000 in HOME funds to this project. Chapel Hill recently committed $20,000 toward the project conditional upon the financial support of Orange County and Carrboro. A motion was made by Commissioner Gordon, seconded by Chair Carey to consider taking $30,000 from the $35,000 allocated to the Home Health Agency mentioned above contingent upon a review by staff concerning the soundness of the proposal and a staff recommendation at the next meeting concerning whether the proposal should be approved. VOTE: UNANIMOUS B. Stoney Creek Small Area Plan The County Commissioners considered the Planning Board's recommendation on the draft version of the Stoney Creek Basin Small Area Plan. Acting Planning Director Gene Bell made the presentation reviewing the charge and goals set forth by the County Commissioners for the Stoney Creek Planning Group. A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve the Stoney Creek Small Area Plan and recommendation for implementation consistent with the Planning Board recommendation. It is further recommended that the Planning Group reconvene to address the issues village option and expedited review) highlighted in the July 5 memo along with implementation measures. If it is determined that ordinance amendments are necessary for implementation, the work of the Planning Group is to be coordinated with the Ordinance Review Committee with a report to the County Commissioners no later than October 1, 1996. VOTE: AYES, 4; NOES, 1 (Commissioner Crowther) C. Revision to Policy on Impact Fee Reimbursement for Affordable Housing Tara Fikes explained in detail the two proposed amendments. Chair Carey made reference to a letter he received from Donna Dyer in which she has raised some questions about these proposed amendments. Commissioner Gordon said she had many of the same concerns as Ms. Dyer. After a brief discussion, a motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to defer action on this item and to request that staff take into consideration the concerns expressed by Donna Dyer and bring back a recommendation for the Board's consideration. VOTE: UNANIMOUS D. Discussion of Landfill Reorganization Work Group Recommendations John Link explained this proposal. Chair Carey distributed a resolution for the Board's consideration. The resolution would authorize Orange County to be responsible for the development and operation of the next landfill in Orange County and would establish an advisory committee composed of representatives from the towns to provide advice on its operation and be the liaison with their appointing boards. He suggested that the resolution be sent to all the governing boards for their comments. Commissioner Willhoit emphasized that the present landfill organization is not workable with having to go to all four governing boards with recommendations. The organization needs to be a decision making group. Three citizens expressed concerns with the proposal. Roger Barr expressed a concern about who would assume responsibility for the debt of funding a new landfill. He asked that landfill fees be projected for the next fifteen years. Linda Carver feels that a landfill committee would have too much power, especially decision making powers. She asked that the County Commissioners have the final say. Patrick Mulkey feels it would be dangerous to have a committee who could commit the citizens to bonds and have the power to pass controversial decisions. He also has concerns about the County operating the new landfill. After further discussion, a motion was made by Commissioner Crowther, seconded by Commissioner Gordon to place this item on the next agenda for further discussion. Each County Commissioner will have the opportunity to review the resolution and forward comments to Chair Carey. VOTE:E®UNANIMOUSE E. Advertisement for August 26 Public Hearing Planner Emily Cameron made this presentation. Commissioner Gordon asked that the sectior of the notice describing "Temporary Events" be revised to add the words "in residential zoning districts" to the end of the first sentence in that notice. The sentence would then say, in part, that there would be a "a new Special Use category called "Temporary Events", which would allow temporary commercial uses such as the commercial sponsoring of social events, crafts fairs, festivals, and concerts in residential zoning districts." Commissioner Gordon noted that allowing temporary commercial events in residential districts is a significant change from our current ordinance. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to approve the advertisement for the public hearing , as amended, scheduled for August 26, 1996. VOTE: UNANIMOUS THE BOARD ADJOURNED THE MEETING AT THIS POINT IN THE AGENDA AT 10:40. Election of Orange County Commissioners in District Elections This item was moved to the next agenda. X. REPORTS A. Horace Williams Planning Group Recommendations and How they Affect Orange County Zoning This item was moved to the next agenda XI. APPOINTMENTS A. Chapel Hill/Carrboro School District's Strategic Task Force B. "County Seat" on the Chapel Hill Parks and Recreation Commission and the Library Board of Trustees C. Chapel Hill Planning Board These appointments were moved to the next agenda XII. MINUTES (See Consent Agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, August 20, 1996 at 7:30 p.m. at the OWASA Community Meeting room in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk