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HomeMy WebLinkAboutMinutes - 19960917APPROVED 11!4196 ORANGE COUNTY BOARD OF COMMISSIONERS MINUTES REGULAR MEETING TUESDAY, SEPT. 17, 1996 The Orange County Board of Commissioners met in regular session on Tuesday, September 17, 1996 at 7:30 p.m. in the Chapel Hill Town Council Chambers in Chapel Hill, 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 DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDING TAPES OF THE MEETING WILL BE KEPT FOR FIVE (6) YEARS. NOTE: THE PROCLAMATIONS STATED BELOW WERE ENACTED AS A_ RESULT OF HURRICANE FRAN THAT CAME THROUGH ORANGE COUNTY THE MORNING OF SEPTEMBER 6 ,1996 AND ARE BEING MADE A PART OF THESE MINUTES FOR THE RECORD ATTACHMENT 1 TO APPENDIX 5 PROCLAMATION OF A COUNTY STATE OF EMERGENCY Section 1. Pursuant to County Ordinance entitled "County State of Emergency" and Chapter 166A of the General Statutes and Article 36A Chapter 14 of the General Statutes, I have determined that a state of Emergency as defined in County Ordinance "County State of Emergency" exist in the County of Orange. Section 2. I, therefore, proclaim the existence of a State of Emergency in the County of Orange. Section 3. 1 hereby order all county law enforcement officers and employees and all other emergency management personnel subject to my control to cooperate in the enforcement and implementation of the provisions of the County emergency ordinances which are set forth below. Section 4. Flood Waters. I have determined that in the interest of public safety and protection it is necessary to prohibit people from entering the flood waters found in any streams, rivers, drainage's, or streets within Orange County. Section 5. Travel. Unnecessary travel should be avoided because of the dangers caused by this hurricane and that exist on the public streets and highways of the county. Emergency and essential travel should be done with a high degree of caution. Caution must be exercised now and in the future, as long as dangers exist, signal lights do not work, debris is in or near roadways, and clean up crews are working in the public road systems. Section 6. Open Burning. I have determined that in the best interest of public safety and in consideration of all citizens with respiratory problems, and because of the dangers of uncontrolled wild-fires, it is necessary to prohibit all outdoor burning in Orange County, with a specific exception for the Orange County Landfill. The Orange County Landfill may burn storm related debris consisting of leaves, limbs, trunks, shrubbery's or other such materials, at the site chosen on the property of the Landfill, located on Eubanks Road, in Chapel Hill. Section 7. Execution of Emergency Plan. All civilians and emergency management personnel are ordered to comply with the emergency reaction plan. PROCLAIMED THIS THE 6TH DAY OF SEPTEMBER, 1996 AT 5:00 A.M SIGNED BY BILL CROWTHER. ORANGE COUNTY BOARD OF COMMISSIONERS (On behalf of and in the Absence of the Chair and Vice Chair) Reviewed and approved unamended by Moses Carey, Jr., Chair to the Orange County Board of Commissioners PROCLAMATION TERMINATING A COUNTY STATE OF EMERGENCY Section 1. On Friday, September 6, 1996, at 5:00 a.m., I determined and proclaimed a local State of Emergency for the County of Orange. Section 2. On Friday, September 6, 1996 at 5:00 a.m., I ordered the enforcement and implementation of the county emergency ordinance; I ordered people be prohibited from entering flood waters within Orange County; I ordered that unnecessary travel be avoided due to damages caused by the hurricane; and I ordered the banning of all open burning in Orange County, with a specific exception for the Orange County Landfill. Section 3. 1 have determined that a State of Emergency no longer exists in the County of Orange. Section 4. 1 thereby terminate the proclamation of a local State of Emergency and all of the restrictions and orders therein. Section 5. This proclamation is effective immediately. PROCLAIMED THIS THE 13TH DAY OF SEPTEMBER, 1996 AT 3:00 P.M. SIGNED BY Moses Carey, Jr., Chair, Orange County Board of Commissioners 1. ADDITIONS OR CHANGES TO THE AGENDA The Board received and accepted additional information and an amendment to Consent item "b". They added as item 9c "Amendments Requested by Citizens". Resolution 5b was postponed to the next meeting. 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Carey said that citizens who have indicated a desire to speak will be recognized when that item is discussed. b. Matters not on the Printed Agenda Dawn Minton of 7511 Old North Carolina 86 made comments related to the waste treatment system which serves her home. She expressed a concern about having to pay $55.00 for Environmental Health to inspect her septic system saying she feels it is uncalled for and unreasonable. She objects to having to hire a waste management engineer to do what she has been doing for the last three years. John Link will provide a report to the County Commissioners on this matter. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 3. BOARD COMMENTS Chair Carey acknowledged the publication of the Open Space Design Guidebook. He commended the staff and citizens who worked on this project. He commended the County staff and Towns staff in trying to help everyone recover from Hurricane Fran. The HSAC Forum will be held tomorrow at the Friday Center with registration beginning at 8:30. Commissioner Halkiotis noted that he attended the memorial service for Flight Officer Bruce Collins who gave his life for his country. He asked that the Board consider a resolution at their next meeting to honor this young man. Commissioner Halkiotis made reference to the shelter at Orange High School and the loss of power at that shelter. He feels that this highlights the need for generators at the high schools. Bob Lockwood of the local Red Cross office has offered to the county a lot of supplies including generators and he asked that the County find some warehouse space for these supplies from the Red Cross. He apologized to Spense Dickinson about the burning of debris at the landfill. He asked that the downed trees be viewed as a resource and an opportunity to capitalize on this resource. He asked that the County facilitate the mulching operation. Chair Carey agreed that the County needs to view the wood as a resource which means the County must plan ahead on how to handle an abundance of this resource. Commissioner Willhoit reminded everyone of the waste summit on September 30 beginning at 6:00 at the Homestead Community Center with food available at 5:30 and adjournment at 10:30. Also he attended the Carrboro Northern Transition meeting and is concerned that there is not a regular member of this Board attending these meetings. It seems to him that they are starting at ground zero without addressing the issues that led to this facilitated planning process. He asked that the Board of County Commissioners get involved so that they are not presented with a dilemma. Chair Carey indicated he volunteered and has not been able to attend because of conflicts. Commissioner Crowther commended all the citizens in the County -- neighbors helping neighbors during the Hurricane Fran cleanup. He reported that for the five day period that emergency food stamps were available, 1,344 applications were made. He commended the DSS staff for the tremendous job they did during this period. Chair Carey made reference to price gouging and said that all reported cases are being investigated and will be reported to the Attorney General's office for followup. 4. COUNTY MANAGER'S REPORT John Link commended the County staff for working hard to serve the citizens during and after hurricane Fran. He said that the County will critique their response to what happened to see what improvements can be made. They will continue to have Bob Lockwood at the Homestead Center. FEMA is located there now but may move later this week. The Department of Social Services will continue to respond to other needs. He made reference to a memo from Town of Chapel Hill Manager Cal Horton about Hurricane Wood Debris Disposal and said that there is an enormous amount of debris. In recent years, the landfill has annually received 4-5000 tons of yard waste. They anticipate they could receive from this Hurricane 40,000 tons or more of wood waste. They are burning the brush that is being picked up by city crews, DOT and FEMA. They simply do not have enough space to store this enormous amount of debris. They are looking at alternatives and will divert as much wood waste to a chipping operation in Hillsborough as possible. Details are to be worked out. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution of Intent on Long-Term School Capital Financing Plan John Link asked that the Board consider adopting a resolution indicating the intent of the Orange County Board of Commissioners to (1) implement a plan for financing long term capital needs for the Chapel Hill-Carrboro City School District and the Orange County Schools, and (2) support passage of the $1.8 billion Statewide school bond in November, 1996. At the September 3, 1996 meeting, the Board of Commissioners requested County staff to refine the school capital options financing plan that was presented to the Board of Commissioners at the August 20 meeting. Budget Director Sally Kost presented in detail a refinement of option 5 and labeled it option 5A. This option would not require an increase in the County's ad valorem tax rate. The revenues have been updated based on more current information and will be updated again as part of the development of the 1997-2007 Capital Improvements Plan. Commissioner Willhoit expressed a concern that there be money available if a strategic parcel of property became available so that it could be purchased. Commissioner Gordon expressed a concern that the new plan does not include money for renovations to the older schools to bring them up to standard. Superintendent of the Chapel Hill-Carrboro City School District Neil Pedersen said that his concern is that renovations to the existing schools would not be able to be made for several years. School Board members Mary Bushnell and Nick Didow expressed the same concern. Commissioner Willhoit said that the plan does address the issue of equity and puts the money where the need are. However, if more money is needed, then it will have to be provided. Commissioner Crowther emphasized that he hopes that a certain amount can be earmarked for parks instead of lumping it in with everything else and noted that the Innovation and Efficiency report recommended a budget advisory committee. Chair Carey noted that they hope to have a similar process to what they had in 1988 to help guide the way for a successful bond issue. Commissioner Willhoit made reference to the referendum for expanding the use of the district tax and noted that if the County shows that everything can be funded by the County, where does that leave the district tax. He feels it is very important to educate the public on the Statewide Bond Issue and the referendum on the district tax. John Link said that his staff will work with the school systems to address the shortfall during the early years while maintaining the one cent for park and school land. A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to (1) authorize the staff to proceed with the appointment of a citizens committee to support the statewide bond issue and (2) bring back some options on the park/school reserve and the shortfall for existing facilities in the first few years of the plan. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to endorse the general approach expressed in 5a without endorsing the details. VOTE: UNANIMOUS b. Efland Sewer Force Main Service Tap This item was postponed to the next meeting. 6. SPECIAL PRESENTATIONS a. Horace Williams Planning Group Recommendations and How they Affect Orange County Zoning Vice Chancellor in charge of facilities and planning at UNC introduced the consultant Richard Rigterink who made the presentation. In 1994, the University began to plan for eventual use of its two large undeveloped tracts of land: the Horace Williams property and ;the Mason Farm property. The report is included in the agenda materials. Commissioner Gordon said that the two aspects she feels the County need to focus on are the transportation plan and the land use plan in the northern portion of the planning area. She feels it would help Orange County if the citizens were given an opportunity to make comments on the plan. Mr. Runberg said that he would be glad to set up such a meeting for public input. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to request that a meeting be set for receipt of public comments with the County Commissioners invited to attend. VOTE: UNANIMOUS 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: a. Establish Public Hearing Date on 1997 Schedule of Values The Board scheduled a public hearing on the "Schedule of Values" for 7:30 p.m. on October 1, 1996 at the Old Courthouse in Hillsborough. b. EMS Transportation Agreement The Board approved and authorized the Chair to sign an agreement between Orange County and South Orange EMS and Rescue Squad, Inc. in regard to transportation by South Orange EMS and Rescue Squad, Inc. C. Resolution of Intent to Participate in the Upper Cape Fear River Basin Association The Board approved the resolution as stated below which indicates the Board's intent to participate in the Upper Cape Fear River Basin Association: RESOLUTION OF INTENT TO PARTICIPATE IN THE UPPER CAPE FEAR RIVER BASIN ASSOCIATION WHEREAS, Orange County recognizes the importance of the water resources in the Upper Cape Fear River Basin and is committed to the wise use, management, and protection of those water resources; and WHEREAS, Orange County recognizes the increasingly complex nature of water resources management issues in the Upper Cape Fear River Basin and acknowledges the need to coordinate with other affected jurisdictions and stakeholders on water resources planning and management issues; and WHEREAS Orange County agrees that the formation of the Upper Cape Fear River Basin Association is important for the successful long-term management and protection of the water resources in the Upper Cape Fear River Basin; and WHEREAS, the primary objective of the Upper Cape Fear River Basin Association is to promote improved communication and coordination of the various water resources and water quality management programs which currently exist in the Upper Cape Fear River Basin and to explore new techniques and strategies for improving these water quality management programs; and WHEREAS, the proposed initial focus of the Association will be to develop a coordinated, cooperative streamlined water quality monitoring program in cooperation with the North Carolina Division of Environmental Management, and that such a program may result in more cost-effective monitoring for Association members; and WHEREAS, it is understood that the Association may, in the future, determine it necessary and desirable to establish membership dues to fund operations or programs undertaken by the Association, including the implementation of streamlined water quality monitoring programs, and WHEREAS, it is understood and agreed that benefits and responsibilities assumed as a result of membership in said Association shall be shared equitably by all members. NOW, THEREFORE, BE IT RESOLVED THAT Orange County agrees to participate fully and actively as a member of the Upper Cape Fear River Basin Association and that said participation shall have certain obligations on the part of each member to share in providing staff support and management of the Association; provided, however, that any future financial obligation resulting from membership in said Association shall be subject to prior approval by the Board of Commissioners of Orange County. BE IT FURTHER RESOLVED THAT Paul Thames is authorized to represent Orange County as a member of the Board of Directors of the Upper Cape Fear River Basin Association. BE IT FURTHER RESOLVED THAT Paul Thames is authorized to represent Orange County on the Association's Technical Advisory Committee established to develop the proposed cooperative water quality monitoring program, a proposed work plan, and associated recommendations to the Association. d. Petition for Addition - Daniels Farm Road in Cheeks Township The Board considered and approved a petition from NCDOT for approval of the addition of Daniels Farm Road in Cheeks Township to the State-maintained Secondary Road System. e. Petition for Addition - Quailview Road in Chapel Hill Township The Board considered and approved a petition from NCDOT for approval of the addition of Quailview Road in Chapel Hill Township to the State-maintained Secondary Road System. f. Housing Rehabilitation Program - Deferred Loan Policy This item will be considered separately at the end of the Consent Agenda. g. FY1995 CDBG Housing Rehabilitation Status Report This item will be considered separately at the end of the Consent Agenda. h. Reappointment of County Animal Cruelty Investigator and Appointment of a Second Animal Cruelty Investigator The Board approved the reappointment and a new appointment of County Animal Cruelty Investigators under N.C.G.S. 19A with the understanding that as, appointees of the County, the investigators will continue to follow the cruelty investigation protocol as agreed to by the County and APS, and will be subject to County review as is customary for any County appointed representatives. i. Proclamation - Hunting and Fishing Day in Orange County The Board approved and authorized the Chair to sign a proclamation proclaiming September 28, 1996 as "Hunting and Fishing Day" in Orange County as stated below: PROCLAMATION HUNTING AND FISHING DAY SEPTEMBER 28, 1996 WHEREAS, Hunting and Fishing have always been an important part of the American tradition and while these activities may no longer be necessary for survival -- as they were in the early days of the nation -- they are still relevant today, and WHEREAS, sportsmen and sportswomen recognize the critical role of habitat -- quantity and quality of air, land, water, adequate cover or shelter, appropriate space, and sufficient arrangement -- for the existence of all living things. For over 100 years, they have been in the forefront of the conservation movement. Not content with merely vocalizing their support, hunters and anglers requested special fees and taxes on their equipment to pay for scientific research, habitat acquisition and improvement, education and enforcement. Over the years, funds raised total over $19 billion for conservation, and WHEREAS, programs financed by the hunters and anglers have led to the dramatic comeback of many wildlife species. These include game species such as the wild turkey, tundra swan, snow geese, ducks, and white-tailed deer. However, these efforts also helped the comeback of certain non-game species as well, including the bald eagle, other raptors, songbirds, shore birds, alligators, fur bearers, and others, and WHEREAS, as individuals and through their organizations, hunters and anglers volunteer countless hours of their own time for local conservation projects and raise even more funds for conservation. and WHEREAS, the Orange County Board of Commissioners would like to take this opportunity to commend responsible hunters and anglers for their efforts on behalf of wildlife and for their contributions to conservation, NOW, THEREFORE BE IT PROCLAIMED that the Orange County Board of Commissioners do hereby proclaim Saturday, September 28, 1996 as Hunting and Fishing Day in Orange County and call upon all Orange County citizens to join with hunters, anglers and other responsible conservationists to ensure the wise use and proper management of our natural resources to benefit future generations. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA f. Housing Rehabilitation Program - Deferred Loan Policy Director of Housing and Community Development Tara Fikes explained how it would be to the County's advantage to follow a Deferred Loan Program. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to adopt the resolution stated below which establishes a policy regarding the County's Housing Rehabilitation Deferred Loan Program. RESOLUTION HOUSING REHABILITATION PROGRAM DEFERRED LOAN PROGRAM WHEREAS, the County provides funding in the form of deferred loans to homeowners to repair substandard housing in the County; and WHEREAS, the County secures its monetary investment by the property owner executing a Promissory Note and Deed of Trust with the later being duly recorded in the Orange County Register of Deeds Office; and WHEREAS, from time to time before the expiration of the Deed of Trust and Promissory Note it may become necessary to re-negotiate the terms of the Promissory Note and deed of Trust; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Orange County, that the County Manager or his/her Assistant Managers as authorized by the County Manager has the authority to: 1. Subordinate the County Deed of Trust to security interest in the property for purchase or refinance to an amount, with the combination of the new loan and the County's lien, not to exceed 90% of the Fair Market Value of property. 2. Authorize the County Manager to sign a Release Deed or cancel a Deed of Trust and Promissory Note upon satisfaction. VOTE: UNANIMOUS g. FY1995 CDBG Housing Rehabilitation Status Report Tara Fikes explained that the reason for little activity in this program is the direct result of a shortage of contractors to do the work. Contractors are not interested in rehabilitation of homes as much as building new ones. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to receive the report on the FY1995 Scattered Site Housing Rehabilitation Programs information: VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. ABC Board Request A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer this request back to staff for additional information on (1) the stipend that OWASA members receive, and (2) if ABC Board members have to attend their meetings to receive the stipend. VOTE: AYES, 4; NOS, 1 (Chair Carey) b. Proposed Policy for Funding Requests Outside of the Budget Process John Link presented for consideration a proposed policy for community organizations who request funding outside of the budget process. A motion was made by Commissioner Gordon to adopt the proposed policy to fund requests outside of the budget process for emergency situations only. NO SECOND WAS RECEIVED FOR THIS MOTION The Board decided not to take action on this item. C. Amendments Requested by Citizens This issue was raised at the last Quarterly Public Hearing. The issue is to what extent should the County Staff prepare a text amendment for a citizen who wants that change. It was decided that staff would come back with a specific policy proposal on how to address this issue for the County Commissioners to consider. 10. REPORTS a. Status of Women in Orange County Report As one of its duties, the Commission for Women is charged with identifying the status of women in Orange County and disseminating information on this status. The report was given by Commission for Women Chair Winnie Morgan. It provided a snapshot profile of the economic and social status of Orange County women. The Commission for Women is providing copies of this Report to human services agencies in the County to increase awareness of women's needs and to assist in their program planning. The Board received this report as information. Commissioner Gordon suggested that the Commission for Women make recommendations to the Commissioners concerning ways the status of women in Orange County could be improved. Winnie Morgan said the group would be interested in doing that, and the Commissioners agreed. b. Annual Transportation Improvement Programs STIP & MTIP) Planner Gene Bell gave this report. It was decided by the Board to indicate their opposition to the Elizabeth-Brady Road extension. The Board received this report as information. Commissioner Gordon will attend the annual meeting of the State Board of Transportation for District 7, which is scheduled for October 24 in Chapel Hill, to present Orange County's TIP request. The Board received this report as information. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on October 1, 1996 at 7:30 p.m. in the Courtroom of the Old County Courthouse in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk