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HomeMy WebLinkAboutMinutes - 19970305APPROVED APRIL 16, 1997 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 5, 1997 The Orange County Board of Commissioners met in regular session on Wednesday, March 5, 1997 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis. 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 u YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Crowther added a Planning Board reappointment to item 11. Report 1 O-A was moved and will be heard with 7-B. Report 10-D was moved up on the agenda before Items for Decision. 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Crowther stated that citizens who have indicated a desire to speak will be recognized at the appropriate time. b. Matters not on the Printed Agenda - NONE PUBLIC CHARGE Chair Crowther dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Gordon distributed some information she received from the NACo Legislative Conference she recently attended. She made particular note of the Scottsdale, Arizona and NASA collaboration to present three dimensional renderings of local maps to facilitate local land use decision- making. In answer to a question about the status of reopening a License Bureau in Orange County, Rod Visser stated that several people have indicated an interest in operating such a bureau. He will keep the Board informed on this issue. Commissioner Halkiotis made reference to the continuing problems with potholes. It was decided that John Watkins, District Engineer for DOT will be requested to report on this topic on May 5. Commissioner Halkiotis mentioned that he visited Southern Village and found that it was not what he thinks of as a New England village atmosphere. He expressed a concern about school buses entering the area because the curves are not wide enough for buses to maneuver. Commissioner Halkiotis expressed a concern about Horace Williams Airport and the fact that jets are again permitted to fly to and from this airport. Commissioner Halkiotis expressed a concern about the Hillsborough Reservoir and the property owners in that area being treated fairly. It was decided that Chair Crowther will call Mayor Horace Johnson and express this concern. Commissioner Brown asked if any of the discretionary money that DOT has can be used to help repair potholes in Orange County. She feels that there are several topics the County needs to pursue with UNC Chapel Hill. The Board will schedule either at a regular meeting or a work-session a discussion on the benefits and impact of the University. 4. COUNTY MANAGER'S REPORT John Link said that the plan to pour concrete for the jail was postponed from last Saturday to this Friday, beginning at 4:00 a.m. 5. RESOLUTIONSIPROCLAMATIONS - NONE 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS A. ORANGE COUNTY CONSOLIDATED HOUSING PLAN ANNUAL UPDATE This item was presented for the purpose of receiving public comments regarding the housing and non-housing needs to be included in the 1997-98 Annual Update of the Consolidated Housing Plan for Housing and Community Development Programs in Orange County and proposed uses of 1997-98 HOME funds. Susan Levy, Executive Director of Habitat for Humanity, asked for $60,000 in HOME funds. They will use this money to build six (6) new homes. She said they will be raising the walls on their 50th home soon and the Board would be invited to attend this momentous occasion. They plan to build 10 homes a year for the next 5 years. They built eight (8) in 1996 and have seven (7) under construction at the present time. She said that later this year she will comeback to the County Commissioners with a proposal to help with emergency housing repair for the elderly. In response to a question from Commissioner Halkiotis, Susan Levy will write a letter to him requesting a shed at the landfill where builders could deposit good building supplies for them to use. Myles Presler, EmPOWERment, Inc. asked for $120,000 in HOME funds. These funds would be used for down payments on homes that would then be sold back to low income families. It seems that a barrier for some people owning a home is the upfront costs. This proposal came from a working group. He also expressed his support for a Living Wage Ordinance. Keith Cook, Chair of the Orange Community Housing Corporation Board, noted that affordable housing is a critical need in this County. He listed the biggest needs for this year's HOME funds as stated below: 1. Neighborhood revitalization activities to preserve and increase homeownership in older, predominantly African-American neighborhoods in the three municipalities; 2. Second mortgage loans to make new homeownership opportunities more feasible for groups like OCHC and Habitat for Humanity; 3. Funds to support the housing activities of OPC Mental Health for their clients; and 4. Emergency repairs for low-income homeowners who need quick repairs such as a roof or plumbing who cannot wait for the comprehensive rehabilitation program offered by the County Housing and CD Department. Alice McAdoo, representing the Advisory Council on Aging, spoke on behalf of the poor and the elderly who need help with home repairs. She said that they are unable to get out and work and do not have enough money to keep up with necessary repairs. There are several agencies who help this group of citizens, but there are many more out there who do not get the help they need. Ms. McAdoo is part of a subcommittee which makes this request. She asked the County Commissioners to help build the confidence of the elderly in Orange County by providing funds for home repairs. B. LEGISLATIVE ISSUES This item was presented for the purpose of receiving public comments and discussing issues that the County Commissioners may want to include in their 1997 General Assembly legislative agenda. This item will receive further consideration at the Board's March 18, 1997 meeting. John Link read the 8 items being considered for local legislation and/or local support. They are listed below for reference purposes: 1. Authorization to impose an impact tax, rather than the current impact fee, for educational facilities. 2. Authorization to levy a real estate transfer tax (Statewide goal of North Carolina County Commissioners Association) 3. Inclusion of sexual preference as a protected class in the County's human rights ordinance enabling legislation. 4. Support of Smart Start continuation and discussion of an initiative that may be pursued by the 1997 General Assembly regarding Smart Start. 5. Possibility of a local county-wide entertainment tax (originally pursued by Town of Chapel Hill in 1993) 6. Support of a statewide change in the assessment of state excise tax on beer, wine, and liquor as requested by the ABC Board 7. Legislation on verification of age, residency and citizenship for voter registration. 8. Repeal or modification of state statutes which preempt local jurisdictions from adopting ordinances regulating pesticides. Howard Pearson, ABC Board General Manager, made reference to item #6 and stated his support for this legislation which is an initiative by the Wayne County ABC Board. He asked that the Board support this proposed legislation. John Thompson , Elder of the Church of Reconciliation, spoke in favor of #3. He said that the Presbyterian Church supports providing full civil rights to lesbians and gays and that although there are Christians who see all forms of homosexuals as sinners, they do not want to discriminate against sinners. W. E. Bugg, one of the owners of the Orange County Speedway, made reference to #5 and asked if this entertainment tax is aimed at the Orange County Speedway. He noted that when they purchased the speedway they made a considerable investment to upgrade the facility and have continued to make additional investments which have not been recouped yet. They would not want to raise the admission price because he feels this would hurt the attendance. He asked that the Board take this into consideration when deciding whether or not to go forward on this item. Commissioner Carey stated that this tax was not specifically aimed at the speedway. However, if the County Commissioners decide to go forward, it will include the speedway because they cannot include some and exclude others. Quinton Baker, representing the Human Relations Commission, made reference to item #3 and said that he is delighted that the County Commissioners are going to try to include the classification of sexual preference as a protected class in the County's human rights ordinance . He reminded the Board that six or seven years ago, through a series of public hearings, they heard many cases of discrimination from gays and lesbians. He encouraged the commissioners to support this issue and he pledged the support of the Human Rights Commission. Diane Broughton spoke in support of item #3 and the Human Relations Commission. Beth Bordeaux, a student at the UNC School of Social Work, spoke in support of item #3 including lesbians and bisexuals as a protected class. She feels that this is asking for human rights for everybody. Jan Allen, Chair of the Democratic Party, spoke on behalf of the Orange County Democratic Party. She said that they support inclusion of sexual orientation in the Orange County Human Rights Ordinance prohibiting discrimination. In Section I Human Rights and Justice of the Orange County Democratic Party Platform, it states that inclusion of sexual orientation prohibiting discrimination is essential. She said that it is a matter of fairness and basic civil rights for lesbians and gays. Senator Eleanor Kinnaird asked the County Commissioners to not wait too long to forward to them what the county wants considered in this year's session of the General Assembly. Mary (no last name given) said that she speaks for herself and Monroe in supporting #3. They feel that discrimination is wrong and they commend the board for their effort to include sexual preference as a protected class. They would like to see protection for all citizens regardless of who they love. Myles Presler, Director of EmPOWERment, Inc. spoke in support of waivers for impact fees for nonprofit projects. Bobbie Strickland, Board of Elections Director, said that there is a lot of confusion over the national vote registration regulations. The primary purpose of the Motor Voter law was to remove any obstacles to registering to vote. She distributed additional information on voter registration in North Carolina: Values in Conflict: Public Perception and the Law. The problem is that no verification of age or identification is required in order to register to vote. Commissioner Carey said that he feels that for the most part, the voter registration honor system is working. He feels this should not be pursued as part of the legislative agenda. Commissioner Gordon feels that it is important to encourage all citizens to register and vote and make it very convenient but disagrees that the verification should be waived. She feels it is not too much to ask people to identify themselves when they register to vote and that otherwise the process could be open to fraud. Two letters as stated below were received and are entered into the record by reference. Jennifer Miller wrote in support of item #1 to impose an impact tax, rather than the current impact fee. for educational facilities. Rev. Richard L. Markley, Lawrence Road Baptist Church, wrote in opposition of #3 because he feels a person should have the right to not do something they feel is morally wrong. Also, he would not want to see the County pitted against some church which refuses to hire a homosexual due to the church's beliefs. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to accept written comments until 7:30 p.m. on March 18, 1997. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to delete #1 and to pursue #2. VOTE: UNANIMOUS After further discussion, the County Commissioners reached consensus on the following items: 1. Items #1 and #7 were deleted from the legislative agenda for this year 2. Item #2 - a letter of support for and/or local legislation 3. Items #4 and #6 - letters of support will be sent 4. Items #3, 5 and 8 - local legislation will be prepared for the next meeting Commissioner Gordon and Commissioner Brown will work on an approach to dealing with the issues raised in #7. Chair Crowther questioned if the wording for item #3 should be changed from sexual orientation to sexual status. This will be further discussed at the March 18, 1997 meeting. 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve items A and B as stated below: A. APPOINTMENTS The Board made the following appointments: Carrboro Planning Board - appointed Katherine Kaufman to an unexpired term ending February 1, 1998 representing the transition area. Orange County Arts Commission - appointed Jeffrey Cohen for a term ending March 31. 2000. B. PROPERTY TAX RELEASES The Board approved the property tax releases as presented in the agenda. C. ORANGE COUNTY TRAVEL POLICY This item was removed and discussed below: VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA C. ORANGE COUNTY TRAVEL POLICY Commissioner Gordon asked that the staff review and recommend a cutoff amount for room cost and Commissioner Halkiotis agreed. No action was taken on this item. It will be brought back for Board consideration on April 1. 9. ITEMS FOR DECISION -REGULAR AGENDA A. UPDATE OF MASTER RECREATION AND PARKS PLAN - CHARGE TO WORK GROUP The Board considered a charge to the Master Recreation and Parks Plan Work Group and the composition of this group which is included as an attachment to these minutes on page The composition was changed by adding Duke University to the list, deleting the County Manager from the list and specifying for the elected boards that their representative be "a person authorized to represent that Board or jurisdiction". Item #3 under the charge was changed to read as follows: Development of standards to be used to determine recreation facility and acreage needs and standards for park design. Standards should be developed for use by Orange County, as well as Carrboro, Chapel Hill and Hillsborough. The Board decided that this work group could replace rather than update the Master Recreation and Parks Plan. The Commissioners asked Mary Willis to add language to make it clear that standards for payment-in-lieu and amount of land dedicated for parks would be included. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the charge and composition to the work group as stated above. VOTE: UNANIMOUS B. POWER EASEMENT - SOUTHERN HUMAN SERVICES CENTER A motion was made by Commissioner Carey, second by Commissioner Halkiotis to approve an easement as requested by Duke Power Company for underground power lines at the Southern Human Services Center site and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS 10. REPORTS A. SOUTHERN VILLAGE ELEMENTARY SCHOOL GYMNASIUM PROPOSAL This proposal that a full-size gymnasium be included during construction of the Southern Village Elementary School was presented for discussion by John Link. He noted that the Chapel Hill- Carrboro City Schools (CHCCS) superintendent had replied to our four questions about this proposal. (Included as an attachment on pages of these minutes) The Town of Chapel Hill has allowed for flexibility to build a gymnasium as part of the Special Use Permit. Superintendent Neil Pedersen summarized where they are with their plans for this school. He emphasized that their first priority is to build the school with the required programming, on time and within budget. The issue of a full sized gym was raised by the Chapel Hill Parks and Recreation Board as part of a School Board public hearing. The school system has not received a lot of direction from anyone about what is meant by a community gymnasium or what size this gymnasium should be. He wrote to the Town Manager in December indicating that if the Town of Chapel Hill wanted to pursue a full sized gymnasium that would meet the needs of Parks and Recreation, the school system would need some direction by the end of January 1997 to stay on schedule; they would be happy to try to accommodate this expansion but had no funds for it. In response to previous requests by the commissioners they have reoriented the soccer field and provided a stub out which will allow a road connection through the Southern Community Park at a later time. The park and ride lot will be connected by a pedestrian walkway to the school building and soccer field. With regard to the gymnasium, Neil Pedersen said that they do not see the larger facility as being advantageous to them as a school system. The smaller facility meets their needs. They do see that there is some advantage perhaps to the larger community and they are happy to be partners in that as long as it does not work against their children and staff. The multipurpose room does serve them better and a change would disrupt the design and require considerable redesign. Ken Redfoot, the architect, explained the building and site design. Commissioner Halkiotis said he visited the site and has a concern about the narrow streets and the buses that will need to travel those streets. Neil Pedersen said that their hope is that they will not need any transportation by buses for this school for children living in Southern Village. The total buildout for Southern Village is 1100 units. Commissioner Carey said that while the Commissioners feel it is important to maximize our facilities to include community use, there is currently no process to accomplish that yet, especially with respect to funding. He asked about the deadline for a decision, and the superintendent said the time could be extended to the end of March, but a decision would have to be made in the next 25 days. Chair Crowther asked about the Town's master plan for the park and stated that it is incumbent upon the Town of Chapel Hill, if they are interested in revising their master plan, to do so to see whether a gymnasium is appropriate or not. Commissioner Gordon expressed a concern that the site does not meet the recommended state guidelines for the number of acres for a school site which in this case would be 16 acres. There is no flexibility in the Special Use Permit for adding more land for a school site. She asked about the arrangements for receiving the land from the Town. Neil Pedersen said the school system had to buy the land since it was purchased with bond money but then they would receive payment from the Town for the park and recreation facilities that the school system constructs on the property. He believes the cost of the property and the cost of the athletic facilities will be roughly equivalent ( a "wash"). The price they are paying to the Town for the land is $25,000 per acre. If the cost of the facilities is sufficient that they could purchase more property, that might be possible, but the school system does not want to buy four acres for $100,000 just to get up to the 16 acres standard . Neil Pedersen said that they do not need additional acreage because they have fit everything on the 12-112 acres and because park land is adjacent. Though the site is tight, it meets their needs and fits in with the theme of the Southern Village which emphasizes very compact housing and commercial development. They wanted to match their facility with the nature of the community. Mark Royster, Chair of the School Board, spoke to the question of the smaller amount of land for the school. He stated that the whole point of the collaboration between the school and the town was that the school would not have to purchase the full 16 acres. To go back and ask the Town for an additional 3-1/2 acres would defeat the initial purpose. Ken Redfoot stated that they had worked closely with the Town's Park and Recreation Board and staff, and that it was the desire of that board and staff to allow the school to use the necessary land to build the soccer field but minimize the amount of space encumbered on their property because they have not had the chance to develop a master plan for the site. Commissioner Brown feels that as the school grows they will still have a serious traffic problem and hopes that the future access road to the school from the south will help alleviate the situation. She asked about using the school building as it now stands for rest rooms that could be accessed from the outside without entering the building, to facilitate community use. Ken Redfoot showed the floor plan indicating that the facility has not been designed so the rest rooms can be entered from the outside. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis, to encourage the school system to proceed with their current plan for building the school and also to encourage the school system to look at future projects for combined school/community use in a way that was mutually advantageous for the schools and community. VOTE: UNANIMOUS Commissioner Halkiotis asked that the question of combined school/community use be put on the agenda for the next meeting with the two school systems and the commissioners agreed to do that. They agreed that this issue needs to be settled once and for all because even though the intent was to have a school/park combination at the Southern Village School, that intention was not fully realized. B. PROPOSED LEASE OF 112 NORTH CHURTON STREET Director of Purchasing and Central Services Pam Jones presented information on leasing a building at 112 N. Churton Street to be used as expansion space for offices of the Courts. Clerk of Court Joan Terry and Judge Joe Buckner spoke in favor of the proposed lease. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to authorize staff to negotiate a lease with the Hillsborough Savings Bank for a building located at 112 N. Churton Street to be used as office space for the Clerk of Court offices. VOTE: UNANIMOUS C. A LIVING WAGE FOR ORANGE COUNTY This item was presented so that the County Commissioners could consider the appropriate nature, scope and wording of a possible living wage ordinance for Orange County which would include the pros and cons of various living wage definitions. Dan Coleman summarized this proposal as included in the agenda. He noted that if someone is working full-time, they should not be still at the poverty level. This ordinance is meant to address this issue. The ordinance would require the county to pay those that they are doing business with at least the amount determined to be the living wage. Carrboro Board of Aldermen Alex Zaffron spoke about how this proposal is relevant to Orange County. He said that the southern part of this county is the most expensive place to live. Many of the people at the lower end of the scale have found this to be a very hostile community economically. This ordinance presents an opportunity to recognize the value and worth of those who live in this community. This is a very good first step in articulating what our corporate citizens need to be doing to make this a good place to live. He encourages the Board to find a way to operationalize these definitions. Marti Pryor-Cook, Director of the Social Services Department, voiced her support for the Greens request to direct staff to study this issue and to develop the pros and cons of a living wage ordinance. Studying the benefits of a living wage ordinance is an appropriate next step. There are many who already work but who do not make a wage to take care of themselves and their family. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to receive the report and instruct the Manager and EDC Director to proceed with an analysis to consider the appropriate nature, scope and wording of a possible living wage ordinance for Orange County; to include the pros and cons of various living wage definitions. VOTE: UNANIMOUS D. VOTER REGISTRATION GUIDELINES The Board received information presented by Bobbie Strickland, Director, Board of Elections, on voter registration policies and procedures and the State Board of Elections summary of North Carolina Mail-In Voter Registration. EXTENSION OF MEETING TIME A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to extend the meeting for 15 minutes. VOTE: UNANIMOUS 11. APPOINTMENTS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint Karen Barrows to the Orange County Planning Board for a second term. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Brown to appoint to the Orange County Planning Board Howard McAdams as a representative of Cheeks Township, Libby Searles as an At Large representative and James Selkirk as a representative of Chapel Hill Township. VOTE: UNANIMOUS 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items for the Board to consider, Chair Crowther adjourned the meeting. The next meeting on the regular meeting schedule will be held on March 13, 1997 at 7:30 p.m. in the Government Services Center in Hillsborough, North Carolina. William L. Crowther, Chair Beverly A. Blythe, Clerk