HomeMy WebLinkAboutMinutes - 19960903APPROVED 11!4196
ORANGE COUNTY BOARD OF COMMISSIONERS
MINUTES
REGULAR MEETING
SEPTEMBER 3, 1996
The Orange County Board of Commissioners met in regular session on Tuesday, September 3,
1996 at 7:30 p.m. at the Caldwell Community Center on Highway 157 in Rougemont, 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 Managers 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. CASSETTE TAPES ARE
KEPT FOR FIVE YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
Commissioner Crowther added to the Items for Decision as item E - Staff Assistance for Citizen
Initiated Ordinance Amendments. Report B was postponed and will be considered at the 9117 meeting.
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who wish to speak to an item on the printed agenda will be
recognized at the appropriate time on the agenda. He asked about the number of citizens in the audience
who live in Little River Township and found there was one person.
B. MATTERS NOT ON THE PRINTED AGENDA
Ralph Cane spoke about the bridge in the curve on 157 going toward Durham. The
bridge has been constructed, however, they have not finished the short road leading to the bridge. John
Link will investigate and report back to the Board.
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
III. BOARD COMMENTS - NONE
IV. COUNTY MANAGER'S REPORT
John Link announced that the statewide bond issue for road improvements would give Orange
County approximately $1.6 million which would pave an additional 12 roads on the secondary road
improvement plan.
Commissioner Halkiotis asked that a committee be set up to promote the statewide school bond
issue. John Link will report back on this request.
V. RESOLUTIONS/PROCLAMATIONS
A. PROCLAMATION IN SUPPORT OF THE THIRD LA FIESTA DEL PUEBLO IN CHAPEL
HILL ON SEPTEMBER 7 AND 8
Director of Human Rights and Relations Lucy Lewis presented and read the proclamation.
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to
approve the proclamation as stated below:
A RESOLUTION IN SUPPORT OF THE THIRD LA FIESTA DEL PUEBLO IN
CHAPEL HILL ON SEPTEMBER 8 AND 9, 1996
WHEREAS, About 150,000 Americans of Hispanic heritage live in North Carolina; and
WHEREAS, Hispanic Americans participate in all aspects of the economic, cultural and social life of the
Orange County community; and
WHEREAS, the Latin American community richly contributes to the cultural and social diversity that
helps make the Orange County community an excellent place to live; and
WHEREAS, the Fiesta del Pueblo will include the North Carolina Hispanic soccer league finals, Latin
American dances, music, foods, arts, crafts, sports, and children's games to be enjoyed by
everyone who attends;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby expresses
its enthusiastic support of the third "La Fiesta del Pueblo" celebration at Chapel Hill High
School on the weekend of September 7 and 8, and encourage all residents to attend and
participate in the festivities.
VOTE: UNANIMOUS
B. NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH
Tim Miller, Vice President of the Orange County Disability Awareness Council read the
proclamation.
Marty Ravelette, President of the Orange County Disability Awareness Council, read the
award that he and Warren Jones received which reads as follows:
THE GOVERNOR'S ADVOCACY COUNCIL
FOR
PERSONS WITH DISABILITIES
HONORS
ORANGE COUNTY DISABILITY
AWARENESS COUNCIL
MARTY RAVELETTE AND WARREN JONES
CO-CHAIRS
AS NORTH CAROLINA'S
OUTSTANDING MAYOR'S COMMITTEE
FOR
OUTSTANDING COMMUNITY SERVICE
ON BEHALF OF INDIVIDUALS WITH DISABILITIES
1995
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to
approve the proclamation as stated below:
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH
SEPTEMBER 26 - OCTOBER 1996
WHEREAS, Congress, by Joint Resolution, has designated October of each year as "National Disability
Employment Awareness Month; and
WHEREAS, This time has been designated to celebrate and recognize people with disabilities; and
WHEREAS, Disability is a natural part of the human experience and in no way diminishes the right of
individuals with disabilities to live independently, enjoy self-determination, make
choices, contribute to society, and experience full inclusion in the economic, political,
social, cultural and educational mainstream of society; and
WHEREAS, Family members, friends and members of the community can play a central role in enhancing
the lives of people with disabilities especially when the family and community are provided
with necessary support services; and public and private employers are aware of the
capabilities of people with disabilities to be engaged in competitive work in inclusive settings;
and
WHEREAS, The goals of Orange County include providing individuals with disabilities the opportunities
and support to make informed choices and decisions, live in homes and communities where
such individuals can exercise their full rights and responsibilities as citizens, pursue
meaningful and productive lives, contribute to their family and community and achieve full
inclusion in society; and
WHEREAS, This month provides the opportunity for all Americans to recognize the tremendous value and
potential of people with disabilities, and to recommit and dedicate ourselves to the
empowerment, integration, employment and full inclusion of every one of our citizens with
disabilities.
NOW, THEREFORE BE IT RESOLVED, that September 26, 1996 through October 1996 is National
Disability Employment Awareness Month in Orange County.
VOTE: UNANIMOUS
C. EXPANDING PERMISSIBLE USES OF DISTRICT TAX
Pursuant to discussions between the two boards during 1996, the Chapel Hill-Carrboro City
Board of Education has requested, by means of a resolution, that the Orange County Board of
Commissioners call for an election on November 5 that could lead to expanding the permissible uses of the
existing Chapel Hill-Carrboro district tax. According to North Carolina law, special school district taxes in
general may be used to supplement "any item of expenditure in the school budget". However, because of
restrictive ballot language when the Chapel Hill-Carrboro district tax was authorized by voters many years
ago, the district tax is currently limited to providing funds to supplement the Chapel Hill-Carrboro City
Schools current expense budget that is primarily funded by the Countywide ad valorem property tax. Section
115C-508 of the North Carolina General Statutes provides that if the voters approve expanding the use of the
district tax to include capital outlay, "the tax so authorized shall be levied and collected beginning with the
fiscal year commencing July 1 next following such election." If approved by the voters on November 5, 1996,
the Chapel Hill/Carrboro School District special tax could be used for capital outlay, as well as current
expense, for the fiscal year beginning July 1, 1997.
Geof Gledhill summarized the information in the resolution and explained the language on the
ballot.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve the resolution as attached on pages of these minutes with the ballot to read as
follows:
INSTRUCTIONS TO VOTERS:
a. TO VOTE FOR expanding the use of the tax, complete the arrow pointing to the word "FOR.
b. TO VOTE AGAINST expanding the use of the tax, complete the arrow pointing to the word
"AGAI NST."
C. If you tear or deface or wrongly mark this ballot, return it and get another.
Expanding the use of the present Chapel Hill-Carrboro School District special tax levied and collected on all
of the taxable property within the Chapel Hill-Carrboro School District at a rate not to exceed the current
thirty-five cents ($.35) per one hundred dollars ($100) of property valuation used to supplement the local
current expense fund of the Chapel Hill-Carrboro School Administrative Unit, to permit the use of the special
tax to supplement the local current expense fund and the capital outlay fund of the Chapel Hill-Carrboro
School Administrative Unit and thereby operate schools of a higher standard.
AGAINST
VOTE: AYES, 4; NOS, 1 (Commissioner Willhoit)
Commissioner Willhoit said he voted against this item because of the equity issue. He feels
that the County Commissioners have the responsibility to provide school facilities and that such facilities
should be funded from the County's general fund. He asked that the CIP be updated to include the
assumption that the statewide bond issue will pass in November. John Link indicated that this will be done
and presented at a future meeting. A resolution will be developed using option 5 for financing school capital
needs.
VI. SPECIAL PRESENTATIONS - NONE
VII. PUBLIC HEARINGS - NONE
VIII. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve
those items on the Consent Agenda as stated below:
A. APPOINTMENTS
Youth Services Advisory Commission
Sabrina Garcia was appointed to an unexpired term ending 9/30/97
Louise Anderson was appointed to a term ending 9/30/99
Chapel Hill Library Board of Trustees
Bonnie Davis was appointed to a term ending 8/30/98
Chapel Hill Recreation and Parks Commission
James Dingfelder was appointed to a term ending 3/30/97
Stella Maunsell was appointed as an alternate to a term ending 3/30/99
Hillsborough Planning Board
Joel Brinkley was appointed to a term ending 3/30/99
Hillsborough Board of Adiustment
Rod High was appointed for a term ending 3/30/99
Triangle J EMS Council
Neil Batson was appointed for a term ending 6/30/98
EMS Advisory Council
Gwyn Snowden was appointed to a term ending 6/30/98
NOTE: The appointments for the Industrial Development Review Board Authority were moved to the end of
the Consent Agenda.
B. MINUTES
The minutes for August 5, 1996 were approved as presented.
C. AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE
JOINT ORANGE CHATHAM COMMUNITY ACTION AGENCY
The Board approved and authorized the Chair to sign this agreement authorizing JOCCA to
provide services specified in the contract to improve the health of minority populations in Orange County
communities under the coordination of the Orange County Coalition. This Coalition involves the Health
Department, the Cooperative Extension Service, the UNC-CH School of Public Health, Piedmont Health
Services, JOCCA, and several community-based organizations.
D. THE UNC-CH SCHOOL OF MEDICINE FOR ITS DEPARTMENTS OF FAMILY
MEDICINE, OBSTETRICS AND GYNECOLOGY AND PEDIATRICS
The Board approved and authorized the Chair to sign the renewal agreement between the
Health Department and the UNC-CH School of Medicine for its Departments of Family Medicine, Obstetrics &
Gynecology, and Pediatrics.
E. ZONING ORDINANCE TEXT AMENDMENT - HOME OCCUPATIONS
This item was placed at the end of the Consent Agenda for separate consideration.
F. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT -SECTION III-C-4 AND
III-D-3
The Board approved this proposed amendment to delete the requirement for a Planning Staff
member to be present each time a final plat is recorded in the Register of Deeds Office per the Planning
Board recommendation.
G. ZONING ORDINANCE TEXT AMENDMENT -TELECOMMUNICATION TOWERS
This item was placed at the end of the Consent Agenda for separate consideration.
H. PROPOSED ZONING ORDINANCE TEXT AMENDMENT -HISTORIC STRUCTURES
The Board approved this proposed amendment to include historic property as well as
structures in the consideration of Special Use Permits for the non-residential use of historic structures per the
Planning Board recommendation.
1. BUDGET AMENDMENT #3
The Board approved the following budget ordinance amendments and grant and capital
project ordinances:
GENERALFUND
Source - Intergovernmental $ 2,000.00
Appropriation -Community Maintenance 2,000.00
(To budget for additional State funds for Soil and Water)
Source - Intergovernmental $ 1,500.00
Appropriation - Human Services 1,500.00
(To budget for unanticipated State reimbursement for Environmental Health)
Source - Intergovernmental $ 1,600.00
Appropriation - Human Services 1,600.00
(To budget for tourism grant received by the Orange County Library)
Source - Miscellaneous (Appropriations) $ (18,442.00)
Appropriation - Transfers to Other Funds 18,442.00
(Appropriation from Jail Contingency Account for COPSFAST matching funds)
Source - Intergovernmental $ 12,000.00
Appropriation - Public Safety 12,000.00
(To budget for drug tax payments from the State for the Sheriff's Dept.)
Source - Intergovernmental $ 38,459.00
Appropriation - Contributions to Outside Agencies 38,459.00
(To budget VOCA pass thru grant for Rape Crisis)
Source - Miscellaneous (Appropriations) $ (9,704.00)
Appropriation - Transfers to Other Funds 9,704.00
(Appropriation from Commissioners' Contingency for impact fee
reimbursement for Habitat for Humanity)
Also see attached Affordable Housing Grant Project Ordinance
Source - Miscellaneous (Revenue) $ 87,000.00
- Transfers from Other Funds 119,240.00
Appropriation - General Administration 20,000.00
- Debt Service 186,240.00
(Also see the Skills Development Center Capital Project Ordinance)
COMMUNITY NUTRITION PROMOTION PROGRAM GRANT PROJECT ORDINANCE
Source - Community Nutrition (1996-97) $ 24,800.00
Appropriation - Community Nutrition 24,800.00
(The project authorized is the Community Nutrition Promotion Program
as awarded to the Orange County Health Department by the State of
North Carolina. The purpose of this grant is to educate school
children and adults regarding nutrition and cancer prevention.)
AFFORDABLE HOUSING COMMUNITY DEVELOPMENT PROJECT ORDINANCE
Source - Miscellaneous Revenue - Sale of Real Property
- Fund Balance Appropriated
- Transfer from the General Fund (1996-97)
TOTAL
Appropriation - Habitat for Humanity
- Impact Fee Reimbursement
TOTAL
(The project authorized is the Affordable Housing Project authorized
to provide reimbursement of impact fees for affordable housing projects
and to provide other assistance to Affordable Housing projects on a
request basis.)
SKILL DEVELOPMENT CENTER PROJECT CAPITAL PROJECT ORDINANCE
Source - Transfer from General Fund (1994-95)
- Transfer from General Fund (1996-97)
-Appropriated Fund Balance (1996-97)
- Proceeds from Private Placement Funding (1996-97)
TOTAL REVENUE
Transfer to General Fund (1996-97)
Appropriation - Skills Development Center Project
(The project authorized will provide funds to purchase a facility and
establish a Skills Development Center. This facility is located at
5011503 Franklin Street in Chapel Hill. This project will be financed
with proceeds from the County's portion of the one-half cent sales
taxes, an appropriation from the County Capital Fund Balance and
private placement.)
$ 14,080.00
13, 966.00
9,704.00
$ 37, 750.00
$ 13,000.00
24,750.00
$ 37,750.00
$ 25,000.00
99,240.00
45,000.00
1,200,000.00
$1,369,240.00
$ 119,240.00
$1,250.000.00
J. PUBLIC SCHOOL BUILDING FUND APPLICATION - BUDGET AMENDMENT #4
The Board approved and authorized the Chair to sign the application for $100,000 in Public
School Building Capital Funds for planning funds for elementary school #8 and approve the revised Capital
Project Ordinance as listed below:
PLANNING FOR ELEMENTARY SCHOOL #8 CHAPEL HILL-CARRBORO CITY SCHOOLS
CAPITAL PROJECT ORDINANCE
Source - Transfer from Impact Fee Fund (1996-97) $ 38,000.00
- Public School Building Fund (1996-97) 100,000.00
Appropriation - Planning for Elementary School #8 $ 138,000.00
(This project provides funds for planning the design and
construction of a new elementary school to be located at the new
Southern Village development. This project will be financed with
proceeds from the impact fees and the State Public School
Building Fund.)
K. HOME PROGRAM CONSORTIUM AGREEMENT AMENDMENT
The Board authorized the execution of an amendment to the HOME Consortium Agreement
for the period July 1, 1997 through June 30, 2000 and authorized the Manager to sign the amendment upon
the review and approval of the County Attorney. These amendments were suggested by HUD to the
Consortium Agreement between the Towns of Carrboro, Chapel Hill, Hillsborough and Orange County.
L. ENO RIVERICOUNTY CAMPUS PARK CONSTRUCTION ACTIVITIES
The Board approved proceeding with construction activities related to placing earth and rock
fill in the existing "borrow pit" area within the planned Eno Riverfront Park in the County's Hillsborough
campus area.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
E. ZONING ORDINANCE TEXT AMENDMENT - HOME OCCUPATIONS
A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to add
to the end of Section 6.16.6.2(c)(4) language which would indicate that the residential accessory structure
must have been in existence for at least thirty-six months before September 3, 1996.
VOTE: AYES, 2; NOES, 3 (Chair Carey, Commissioner Halkiotis, Commissioner Willhoit)
A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to
approve the proposed amendment per the Planning Board recommendation, except for the proposed
revision to Article 6.16.6.2b(3). With respect to ;6.16.6.2b(3), the Administration recommends the following:
There shall be no use of a vehicle with a load capacity in excess of one ton in connection with
the home occupation, including vehicles used for delivery or pick-up. Vehicles with the permitted load
capacity generally include large pick-up trucks, and delivery trucks and vans such as those used by UPS, but
would not include vehicles such as tractor trailers or dump trucks.
VOTE: UNANIMOUS
G. ZONING ORDINANCE TEXT AMENDMENT - TELECOMMUNICATION TOWERS
The Board discussed the height of towers requiring administration approval. A motion was
made by Commissioner Crowther, seconded by Commissioner Gordon to lower the height of towers which
may be approved by the administration to 120 feet.
VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Halkiotis and Willhoit)
After ensued discussion, a motion was made by Commissioner Halkiotis, seconded by Chair
Carey to table this item for further consideration at a future meeting.
VOTE: UNANIMOUS
Commissioner Gordon asked about staggered terms to run concurrently with the Economic
Development Commission appointments.
Economic Development Director Ted Abernathy explained that the terms will end at the same time
the persons term ends on the EDC.
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to appoint
the following individuals with the terms as indicated below:
Ed Siebert for a term ending 6/30/97
Bill Bracey for a term ending 6/30/98
R. Keith Coleman for a term ending 6/30/98
Lilyn Hester for a term ending 6/30/97
Bev Webb for a term ending 6/30/98
Cathy Carroll for a term ending 6/30/98
Stuart Wallace for a term ending 6/30/97
VOTE: UNANIMOUS
IX. ITEMS FOR DECISION - REGULAR AGENDA
A. SIBLING PINE ESTATE PRELIMINARY PLAN
Planner Eddie Kirk made this presentation. The property is located in Eno Township on the
east side of Pleasant Green Road. It is zoned Agricultural Residential and Lower Eno Protected Watershed.
The property is wooded with large residential lots to the north and south. The tract is 30.64 acres in size with
seven (7) new residential lots proposed that average 4.38 acres in size. Each lot will have an individual well
and septic system.
A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to
approve the Planning Staff recommendation which states that the Preliminary Plan for Sibling Pine Estate
must be redesigned to eliminate the strips which connect remote septic disposal areas to lots 6 and 7.
VOTE: AYES, 4; NOS, 1 (Commissioner Crowther)
B. 1997 EMPLOYEE HEALTH INSURANCE
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to (1)
adopt Option A which is to renew the current health insurance plans, (2) authorize staff to negotiate an
updated agreement with the NCACC Health Insurance Trust in keeping with the Board's decision for the kind
of health plans for 1997 and authorize the Board Chair to sign the final agreement on behalf of the Board, (3)
continue the dependent subsidy and health insurance waiver as set in 1996, and (4) change the effective
date of health insurance coverage to the first day of the month following the date of employment for new
employees effective January 1, 1997 and thereafter.
VOTE: UNANIMOUS
C. SEWER FORCE MAIN SERVICE TAP POLICY
County Engineer Paul Thames summarized the information in the agenda. The Board was
provided with historical background information about the process by which the Efland sewer system was
created and defined. He updated the Board on current County efforts/strategies/initiatives to finance the
expansion of the system and make specific comments about a request from Ben Lloyd to tap onto the system
force main.
Ben Lloyd, owner of Lloyd's Car Wash in Efland, spoke in support of his request to tap onto
the pressurized line saying that this type of connection is a common occurrence in situations like this. He said
that when sewer service does become available he will hook onto that service.
Commissioner Willhoit feels that there are some inconsistencies on what is supposed to be in
phase I and what is in phase II of the project.
Commissioner Willhoit made a motion that the staff write a more specific proposal to let Ben
Lloyd proceed with the tap on with conditions as necessary for compliance. Commissioner Halkiotis
seconded this motion.
Commissioner Gordon expressed a concern that there are probably other people who want to
tap onto this force main or other force mains in the County. She feels that there is a larger policy issue which
needs to be addressed.
Commissioner Halkiotis feels there is a health issue in this area and would like to do whatever
is necessary to complete the project.
Commissioner Willhoit feels that eliminating a health hazard for existing growth is not going to
open this particular area up for growth.
Chair Carey is concerned about the precedent setting of this proposal. He asked that If a
similar request is received next week if there are legal grounds to deny it.
Geoffrey Gledhill said that the surest way of insulating the county sewer utilities from the
request for tapons is to allow none. If this one is approved, the conditions of approval need to include factors
about this system so that it would be difficult for anyone to match it.
Commissioner Gordon suggested having the attorney craft the specific language for this
resolution.
Chair Carey said that he is generally opposed to these types of exceptions but will consider a
more tightly composed document.
VOTE: AYES, 4; NOS, 1 (Commissioner Gordon)
D. PROPOSED POLICY FOR FUNDING REQUESTS OUTSIDE OF THE BUDGET
PROCESS
This item was postponed to the next meeting.
X. REPORTS
A. HUMAN SERVICES REFORM TASK FORCE
In February, the Board of Commissioners authorized a Human Services Task Force and
charged it to present recommendations on: measurable county-wide outcomes in human services, human
service priorities and the acceptable minimum service levels (safety net) for children and families, and current
resources and the gaps in resources.
Dr. Richard Edwards, Dean, UNC-School of Social Work and Chair of this Task Force
presented this final report. A special work session will be scheduled at one of the County Commissioners'
work sessions to discuss the Task Force recommendations, implications for human service priorities and
funding, and an implementation plan.
The Board received this report as information.
B. ANNUAL TRANSPORTATION IMPROVEMENT PROGRAMS - STIP & MTIP
This item was postponed and will be considered at the next meeting.
XI. APPOINTMENTS
These appointments were postponed and will be considered at the next meeting.
XII. MINUTES -NONE
XIII. CLOSED SESSION -NONE
XIV. ADJOURNMENT
With no further items to consider, Chair Carey adjourned the meeting. The next regular meeting of
the County Commissioners will take place on September 17, 1996 at 7:30 p.m. in the Chapel Hill Town
Council Chambers in Chapel Hill, North Carolina.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk