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HomeMy WebLinkAboutMinutes - 19970916APPROVED 12/16/97 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SEPTEMBER 16.1997 The Orange County Board of Commissioners met in regular session at 7:30 p.m. on Tuesday, September 16, 1997 in the Community meeting room at the OWASA Operations Center in Carrboro, 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 COMMISSIONER ABSENT: Commissioner Moses Carey, Jr. 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 (5) YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA Item 5-a resolution for the "Rid our Roads of Rudeness Campaign" and item 9-a "Assessment of Civil Penalties" were deleted from the agenda. 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Crowther stated that citizens who have indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda Gloria Faley thanked the County Commissioners for providing civil rights for all citizens in Orange County. She noted that Chapel Hill and Carrboro have approved two rights for their employees and asked that the County Commissioners consider extending domestic partner benefits to Orange County gay and lesbian employees and offer domestic partner registration for Orange County citizens. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to ask the Human Relations Commission to consider this request and report back to the County Commissioners. VOTE: UNANIMOUS PUBLIC CHARGE Chair Crowther dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis made reference to a letter the Board received from Doug Gaylon, Department of Transportation Board member. Commissioner Halkiotis asked that they meet with Mr. Gaylon to discuss DOT's process for changing the TIP without knowledge or input from local officials. Chair Crowther said that the County Commissioners have been invited to meet with Wake County officials on September 30 at noon. He will provide the Board with additional information. Commissioner Gordon questioned if other County initiated boards and commissions have the right to hold public hearings. John Link suggested developing an orientation session between County Commissioners and the Board/Commission chairs using the County Commissioners "Resolution for Boards and Commissions" as a guideline. NOTE FOR THE RECORD: Chair Crowther signed the proclamation as stated below declaring to all persons that a stage if/ water shortage WARNING is now in effect. PUBLIC PROCLAMATION REGARDING USE OF WATER OBTAINED FROM THE PUBLIC WATER SYSTEM SUPPLIED BY THE ORANGE-ALAMANCE WATER SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH AND FROM ANY RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY THE ORANGE-ALAMANCE WATER SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAM FLOW FROM RESERVOIRS, I, William Crowther, Chairman of the Board of County Commissioners, having been provided with information that the water level of Lake Orange is more than 37 inches below full do hereby issue this PUBLIC PROCLAMATION declaring to all persons that a stage III water shortage WARNING is now in effect applicable to users of water from the public water system supplied by the Orange-Alamance Water System, Inc. and the Town of Hillsborough. The following mandatory water conservation restrictions are now applicable: It shall be unlawful to use water from the public water system supplied by the Orange-Alamance Water System, Inc. and the Town of Hillsborough and from any raw water supply within Orange County used by the Orange-Alamance Water System, Inc. and the Town of Hillsborough for the following purposes: 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the hours of 6:00 p.m. and 9:00 p.m. on Saturdays and Sundays. 2. To fill newly constructed swimming and/or wading pools or refill swimming and/or wading pools which have been drained. A minimal amount of water may be added to maintain continued operation of pools which are in operation at the time the provisions of a stage III WARNING are place into effect. 3. To operate water-cooler air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing. 5. To wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. To use water for dust control or compacting. 10. To intentionally waste water. The owner or occupant of any land or building which receives water from the Orange-Alamance Water System, Inc. or the Town of Hillsborough and that also utilizes water from a well or supply other than that of Orange-Alamance Water System, Inc. or the Town of Hillsborough shall post and maintain in a prominent place thereon a sign furnished by Orange County giving public notice to the use of the well or other source of supply. This proclamation, and the mandatory conservation restrictions imposed pursuant to it, shall be in effect until the Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS" is amended or repealed or until the Chair by Public Proclamation, declares that the Stage III Water shortage WARNING is over. By order of William Crowther, Chair of the Orange County Board of Commissioners, this the 8th day of September, 1997. 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONS/PROCLAMATIONS a. Rid our Roads of Rudeness Campaign This was deleted from the agenda. 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve those items as stated below: a. Appointments This item was moved to the end of the Consent Agenda for separate consideration. b. Minutes The Board approved the minutes for May 5 and June 2, 1997. c. Agreement Renewal - Automated Information and Referral System This item was moved to the end of the Consent Agenda for separate consideration. d. Appointment of County Review Officers This item was moved to the end of the Consent Agenda for separate consideration. e. Reappointment of County Animal Cruelty Investigator and appointment of a second Animal Cruelty Investigator The Board reappointed the County's Animal Cruelty Investigator and appointed a second one. f. Animal Protection Society Contract Renewal The Board renewed the annual contract between Orange County and the Animal Protection Society for operation of the Orange County Animal Shelter. ,q_ Budget Amendment # 2 The Board approved a budget ordinance accepting a $7,000 DARE grant to offset personnel costs for the Sheriffs Department to provide DARE programs in schools and a Capital project ordinance appropriating $83,248 from the County's Capital Project Fund to pay for a change order providing a left-turn lane at Southern Human Services Center. h. Property Tax Refunds The Board approved a property tax resolution stating that the governing body of the taxing unit shall respond within 90 days to a written statement of defense and request for release or refund. This resolution is stated below: REFUND RESOLUTION WHEREAS, North Carolina General Statutes 105-381 allows for the refund of taxes when the Board of County Commissioners determines that a taxpayer applying for the refund has a valid defense to the tax imposed; and WHEREAS, the properties listed in each of the attached "Request for Property Tax Refunds" has been taxed and the tax has been collected: and WHEREAS, as to each of the properties listed in the Request for Property Tax Refunds, the taxpayer has timely applied in writing for a refund of the tax imposed and has presented a valid defense to the tax imposed as indicated on the Request for Property Tax Refunds. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF Orange COUNTY THAT the recommended property tax refund{s} are approved. NAME ACCOUNT # AMOUNT Centura Bank 201091 $ 46.36 Wachovia Auto Leasing Co. E14823 151.72 GE Capital Auto Lease Inc. E3855 333.53 Quinn, Brian H. D107856 225.03 Larry Wayne Freeland E10612 5.21 GEC Auto Lease Inc. E3861 245.25 Shaker, Laura Cristin A47487 41.85 Gelco Corporation D77566 405.76 Douglas Ray Stowd E14412 107.00 Chase Man Automotive Finance D76396 494.40 William Charles Ives E11423 310.35 L Classification Plan Amendment - Telecommunications Positions This item was moved to the end of the Consent Agenda for separate consideration. L HP-1-97 Cedar Grove Rural Crossroads Historic District National Register Nomination The Board approved a request from the Historic Preservation Commission to forward the draft nomination of the Cedar Grove Rural Crossroads Historic District to the State Historic Preservation office for review and approval. k. Petition for Addition - Rhododendron Drive in Chapel Hill Township This item was moved to the end of the Consent Agenda for separate consideration. 1. Housing Rehabilitation Contract Awards This item was moved to the end of the Consent Agenda for separate consideration. m. Housing Rehabilitation Program - Policy Revision This item was moved to the end of the Consent Agenda for separate consideration. n. Bicycle Plan Component Advisory Committee This item was moved to the end of the Consent Agenda for separate consideration. o. Historic Landmark Designation Program The Board approved a recommendation from the Historic Preservation Commission to adopt a proposed Historic Landmark Designation Program. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA c. Agreement Renewal - Automated Information and Referral System The Board considered renewing a contract with Triangle United Way at a cost of $31,000 for Automated Information Referral Services and received a status report on the project. After extended discussion, it was decided that additional information is needed before a decision can be made. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to request the County Manager to bring back additional information to include a cost estimate for the County doing this project, a list of agencies being served by this system and a survey of how the system is being used. VOTE: UNANIMOUS d. Appointment of County Review Officers The Board considered the appointment of county review officers for the approval of all surveys and plats recorded in Orange County. A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to approve the resolution as attached to these minutes on pages which 1) appoints certified property mappers from the Land Records/GIS Office to be Review Officers for Orange County; and 2) states the form of the certification by the Review Officer. VOTE: UNANIMOUS L Classification Plan Amendment - Telecommunications Positions The Board considered amending the Orange County Classification and Pay Plan to implement the results of a position classification study of Emergency Management 9-1-1 Communications Center positions. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve implementing the results of a position classification study of Emergency Management 9-1-1 Communications Center positions as presented in the agenda as Attachment 1. VOTE: UNANIMOUS k. Petition for Addition - Rhododendron Drive in Chapel Hill Township The Board considered a petition from NC DOT for approval of the addition of Rhododendron Drive in Chapel Hill Township to the state-maintained secondary road system. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the addition of Rhododendron Drive in Chapel Hill township to the State-Maintained Secondary Road System. VOTE: UNANIMOUS 1. Housing Rehabilitation Contract Awards The Board considered awarding housing rehabilitation contracts of $15,245 and $24,600 for the HOME Program to Thames Construction Company. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve awarding the following housing rehabilitation contracts: Dwelling Unit Bid Amount Contractor Walker $15,245 Thames Construction Company Vincent $24,600 Thames Construction Company VOTE: UNANIMOUS m. Housing Rehabilitation Program - Policy Revision The Board considered revising the Housing Rehabilitation Deferred Loan Program Subordination Policy to safeguard the County's financial investment. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt the resolution as stated below which revises the subordination 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, on September 17, 1996, the Orange County Board of County Commissioners approved a Subordination Policy which allows the subordination of the County's 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; and WHEREAS, approval of this policy has proven to be very burdensome to County staff as well as caused concern regarding the actual benefit to homeowners who are often subjected to high interest rates when refinancing; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Orange County, that the Subordination Policy approved September 17, 1997 be and is hereby rescinded; Be it further resolved by the Board of County Commissioners of Orange County that Orange County will not subordinate its mortgage security under the Orange County Deferred Loan Program. VOTE: UNANIMOUS n. Bicycle Plan Component Advisory Committee The Board considered the structure of a proposed Bicycle Advisory Committee and a charge and schedule to guide the committee's work. The Board discussed and made several changes to the structure of this committee. These were so noted by Transportation Planner Slade McCalip and will be incorporated and brought back to the County Commissioners before appointments are made. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the structure of a proposed Bicycle Advisory Committee, the charge and schedule to guide the work of the committee incorporating all the suggested changes reference above. VOTE: UNANIMOUS APPOINTMENTS REMOVED FROM THE CONSENT AGENDA a. Appointments A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to change the resolution for the Economic Development Commission to add a County Commissioner as an exofficio member. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint Commissioner Brown as an exofficio member of the Economic Development Commission until the first meeting in December at which time the County Commissioners will consider all County Commissioner appointments to the various boards and commissions on which they serve. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve the appointments as listed below: Youth Services Advisory Commission Mary Morrison, Donna Buzzard and Sabrina Garcia were reappointed for terms ending September 30, 2000. Susan Grambling, Sharkita Torain, Elizabeth Ansley and Les Strayhorn were appointed for unexpired terms ending September 30, 1999. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Charles F. and Annie C. Capers - Assessment of Civil Penalties This item was deleted. b. Personnel Ordinance Revision - Retiree Health Insurance (Second Reading) The Board considered extending the eligibility for retiree health insurance on a prorated basis to employees with at least five years Orange County service who are retiring at age 65 or older or retiring on a disability retirement. A motion was made by Commissioner Halkiotis, seconded by Chair Crowther to adopt the amendment to the Orange County Personnel Ordinance effective September 1, 1997 as included in the agenda as Attachment 1. VOTE: AYES, 3; NOS, 1 (Commissioner Gordon for reasons stated at the September 2 meeting.) C. Orange County Affirmative Action Plan Personnel Director Elaine Holmes summarized the plan. She noted that this report is required because the County is a Federal contractor. The County's affirmative action program reaffirms the County's commitment to equal opportunity in employment. Commissioner Gordon asked if a separate pay equity study could be done for women department heads and suggested that this study be reviewed by the Commission for Women. She will work with Ms. Holmes on this study. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to accept the Orange County Affirmative Action Plan and authorize the Chair to sign the memorandum to recipients of the Plan. VOTE: UNANIMOUS d. Writing and Presentation Training - Update and Next Steps Jahn Link summarized the training that took place last month for a selected group of County department heads. The Board discussed whether or not they wanted to pursue further discussion on the communications aspects of Board meetings and the agenda process. Several options were listed in the abstract. It was decided that a questionnaire would be sent to each County Commissioner so that he/she could express their interest in what issues they wanted to discuss as a Board and what type of training they would like to have and when. e. Specific Bond Information John Link summarized the information in the agenda. They added information on the total costs and the resources available. After a brief discussion of the information for each bond issue, the Board took action on several items. A motion was made by Commissioner Brawn, seconded by Commissioner Gordon to add to the bond brochure information for schools showing the total cost of each of the projects listed and also the source of funds for each project. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Brown to focus the information for the Parks & Recreation Facilities to include (1) purchase park land, and (2) develop park facilities, and to show the amounts as follows: Purchase Park Land $3.0 million Develop Park Facilities $3.0 million Chapel Hill Southern Community School Park $1.0 million Northern Chapel Hill Park $1.0 million Efland-Cheeks community School Park $0.5 million Other Park Facilities $0.5 million VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to leave the language as written in the brochure for the Public Buildings. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to leave the language as written in the brochure for Affordable Housing except to change the word rental to say housing development. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the language in the brochure for the Sewer Systems with an explanation of the past effort put forth to do this project and maybe a map of the area that will be served. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Brown to emphasize that the County Commissioners' intent with all the projects approved by the voters will be to implement after a cooperative planning process has taken place. The County Commissioners will be involved in the plans and outcomes of each of these bond issues and related projects. VOTE: UNANIMOUS 10. REPORTS a. Status Report on High School Construction Standards and Coordinated Site and Facility Planning The County Commissioners received a status report on high school construction standards and a Memorandum of Agreement for providing coordinated site and facility planning between County, Towns and School Systems. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to establish a committee with a composition of 2 County Commissioners, 2 from each school board and staff to develop construction standards for elementary and middle schools to include construction management, cost control, efficiency in lighting and location and design for future expansion. VOTE: UNANIMOUS It was decided that the two school boards would be requested to submit names for this committee at the County Commissioners meeting with the school boards scheduled for September 30. A motion was made by Commissioner Gordon, seconded by Chair Crowther to refer the "Memorandum of Agreement for Providing Coordinated Site and Facility Planning Between County, Towns and School Systems" to the School and Land Use Council. VOTE: UNANIMOUS The Board approved the agenda for their meeting with the school boards adding to the list of items a report on the lawsuit by Meadowmont neighbors and how this will impact their time schedule to build the school in Meadowmont. b. Flexible Development Annual Report The Board received the first report on flexible development in major subdivisions. Planner Emily Cameron made this presentation. She summarized the information in the agenda and showed slides of the data in the report. The Flexible Development regulations went into effect on July 1, 1996. Seven (7) Concept Plans were reviewed during FY 96-97 under the new procedures. Three of the seven applicants proposed Flexible Development plans using a hybrid of the conservation and cluster options for protecting open space. Commissioner Brown said she would like further discussion to determine if what is happening meets with the intent of the goals of Flexible Development. It was decided that a work session would be held in early 1998 for further discussion. 11. APPOINTMENTS The Board considered appointments to the Chapel Hill Planning Board and Chapel Hill Board of Adjustment. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint David Cook to the Chapel Hill Board of Adjustment to represent the extraterritorial jurisdiction for a term ending June 30, 2000. VOTE: UNANIMOUS A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint H. Coleman Day to the Chapel Hill Planning Board to represent the extraterritorial jurisdiction for a term ending June 30, 2000 and to appoint Charlie Lancaster to represent the Joint Planning Transition Area for a term ending June 30, 2000. VOTE: UNANIMOUS 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items to consider, a motion was made by Commissioner Gordon, seconded by Chair Crowther to adjourn this meeting. The next regular meeting will be held on September 30, 1997 with the two school boards at 7:30 p.m. at Homestead Community Center in Chapel Hill , North Carolina. VOTE: UNANIMOUS William L. Crowther, Chair Beverly A. Blythe, Clerk