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HomeMy WebLinkAboutMinutes - 19971021APPROVED FEBRUARY 3, 1998 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 21, 1997 The Orange County Board of Commissioners met in regular session on Tuesday, October 21, 1997 at 7:30 p.m. at the OWASA Community Meeting Room, 400 Jones Ferry Road 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 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 A motion was made by Commissioner Gordon, seconded by Commissioner Brown to add a resolution of appreciation for Dean E. Smith to the agenda as Resolution A. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Brown to switch report "A" and "C" and to consider Appointments before Items for Decision - Regular Agenda. VOTE: UNANIMOUS 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 Margaret Misch informed the Board that the Orange County Peace Coalition has joined many others who are concerned about NASA's planned launch of the Cassini space probe on or after October 15, 1997, from Cape Canaveral, Florida, on its mission to explore Saturn. They are opposed to the 72.3 pounds of plutonium 238 which will be used to supply power to the instruments on board. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to send a letter to President Clinton and the North Carolina's congressional delegation expressing concerns about using plutonium as a source of power and asking that future space missions be postponed until an alternative, safer technology is developed. VOTE: UNANIMOUS PUBLIC CHARGE Chair Crowther dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Brown asked that staff provide a status report on United Way funding of non-profits and how that funding has changed with the changeover to a regional United Way. She expressed a concern about Southern Village, which is in the Chapel Hill planning jurisdiction, doing a lot of clearcutting and burning. She wonders how we can let people know of the alternatives to burning. John Link will advise the other jurisdictions of the Board's concern. Commissioner Halkiotis asked if there is any way, maybe through the County's Subdivision Ordinance to control how land is cleared and the extent of burning allowed. Commissioner Brown said that on Culbreth Road, they are using stump grinders. Commissioner Gordon said that the Schools and Land Use Council had their first meeting. The staff is going to produce some information and they have another meeting scheduled for December 10. Commissioner Carey asked about the easement that Duke University granted to NASA and asked if a meeting has been set so we can find out additional information. Geoffrey Gledhill said that there has been contact with the U.S. Attorney to set up meetings. Commissioner Brown thanked the staff for all the work they did on the bond referendum. Commissioners Brown and Halkiotis were commended for serving as co-chairs of the Bond Education Steering Committee. 4. COUNTY MANAGER'S REPORT John Link announced and extended a welcome to Donna Dean as the new Budget Director. A letter has been received from Triangle Hospice thanking the County for their support of their "Fun Run" earlier this month. 5. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION OF APPRECIATION FOR DEAN E. SMITH A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS HILLSBOROUGH, NORTH CAROLINA Resolution of Appreciation Dean E. Smith Head Basketball Coach University of North Carolina Chapel Hill WHEREAS, Dean Smith has served without peer as Head Basketball Coach at the University of North Carolina at Chapel Hill from August 7, 1961 to October 9, 1997; and WHEREAS, during his tenure, Dean Smith has exemplified the best in leadership, citizenship and integrity; and WHEREAS, Dean Smith has instilled the attributes of teamwork, consistency and fair play in all of his student-athletes for thirty-six years as Head Coach, and emphasized the value of a university education; and WHEREAS, Dean Smith as a faculty member and citizen has demonstrated sustained human compassion and moral integrity; and WHEREAS, his contributions to his profession and his community have earned the admiration and high regard of all the people with whom he has come into contact; NOW THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners, acting on behalf of the citizens of Orange County, do hereby express sincere gratitude and deep appreciation to Dean E. Smith for his many contributions to the lives of students and athletes of the University of North Carolina and to the citizens of Orange County; and BE IT FURTHER RESOLVED, that the members of the Orange County Board of Commissioners wish Dean E. Smith and his family the very best in future endeavors; and BE IT FURTHER RESOLVED, that this resolution be presented to Coach Smith, sent to the University and the press, and be made part of the official minutes of this meeting, this twenty-first day of October, 1997. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS- NONE 8. CLOSED SESSION - Attorney-Client Privilege. Authority: G.S. Section 143-318.11(a)(3); Attorney- Client Privilege: Litigation, BB&T v. Orange County et al. Authority: G.S. Section 143-318.11(a)(3). A motion was made by Chair Crowther, seconded by Commissioner Carey to go into Closed Session to discuss Attorney-Client Privilege by Authority of G.S. Section 143-318.11(a)(3); Attorney-Client Privilege: Litigation, BB&T v. Orange County et al. Authority: G.S. Section 143-318.11(a)(3). VOTE: UNANIMOUS A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to reconvene into Regular Session. VOTE: UNANIMOUS There was a consensus of the Board to delay report "A" on Cane Creek. 9. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the items on Consent Agenda as stated below: A. APPOINTMENTS The Board approved the following appointments: EMS Advisory Council Lucy Fort, Greg Mears, Barbara Overby, Tom Griggs, Jane Waddell and Neil Batson were reappointed for terms ending June 30, 1999. High School Standards Task Force Margaret Brown and Moses Carey were appointed to this short-term task force. Nursing Home Community Advisory Committee Carl Belcher was reappointed for a term ending September 30, 2000 Youth Services Advisory Commission Sharkita Torain was appointed to a term ending September 30, 2000. B. 1997-98 FOREST SERVICE CONTRACT The County Commissioners approved and authorized the Chair to sign the annual agreement between Orange County and the Department of Natural Resources and Community Development. C. RESOLUTION GIVING NOTICE OF ADJUSTMENT IN SALARY FOR THE SHERIFF AND REGISTER OF DEEDS POSITIONS The Board approved the resolution stated below: RESOLUTION GIVING NOTICE TO ALL CANDIDATES FOR THE REGISTER OF DEEDS AND SHERIFF POSITIONS IN ORANGE COUNTY The Orange County Board of Commissioners, as authorized by North Carolina General Statutes 153A- 92, has set the starting salaries for the Sheriff and Register of Deeds positions as provided below. This will affect the individuals elected to these offices when they take office. All other compensation elements including expense allowances are as set forth in the Orange County Personnel Ordinance. The starting salary for the Sheriff's position will be Step 1 of Salary Grade 80 in the Orange County Classification and Pay Plan. the Step 1 salary is $52,616. The starting salary for the Register of Deeds position will be Step 1 of Salary Grade 78 in the Orange County Classification and Pay Plan. The Step 1 salary is $47,726. This Resolution will not be altered or amended until after the persons elected Sheriff and Register of Deeds in the 1998 election for those positions take office. Thereafter, the Board of Commissioners may adjust the starting salary of the candidate elected considering the years of service and performance in related experience of the person elected. D. RENEWALS - DRIVER LICENSE OFFICE AT CARRBORO PLAZA The Board approved and authorized the Chair to sign the Memorandum of Understanding for space used as a Driver's License office at Carrboro Plaza with the State of North Carolina Department of Motor Vehicles. E. 1997-98 SCHOOL AND COUNTY CAPITAL PROJECT ORDINANCES The Board approved School Capital Project Ordinances as attached on pages and as detailed in the agenda abstract. F. COOPERATIVE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The Board approved and authorized the Chair to sign a Cooperative Agreement as a Fair Housing Assistance Program between Orange County and the U.S. Department of Housing and Urban Development. G. BOCC MEETING SCHEDULE FOR 1998 The Board approved their regular meeting calendar for 1998 as presented. H. LEASE RENEWAL - SAWYER BUILDING This item was moved to the end of the Consent Agenda for separate consideration. 1. BUDGET ORDINANCE AMENDMENT #4 The Board approved a Budget Ordinance amendment and grant project ordinances as attached to these minutes on pages J. HOME PROGRAM - ABBOTTS COLONY This item was moved to the end of the Consent Agenda for separate consideration. K. ZONING ORDINANCE TEXT AMENDMENTS - GOLF COURSE STANDARDS The County Commissioners approved amendments to the Zoning Ordinance to (1) provide consistency in the ordinance regarding expansion and modification of existing golf courses and (2) to establish appropriate criteria for evaluating changes to Special use Permits issued for new golf courses. These will be incorporated into the County's Zoning Ordinance. L. ZONING ORDINANCE TEXT AMENDMENT -AGRICULTURAL SERVICE DISTRICTS The County Commissioners approved amendments to the Zoning Ordinance pertaining to uses allowed in the Agricultural Service zoning district. These will be incorporated into the County's Zoning Ordinance. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA H. LEASE RENEWAL - SAWYER BUILDING It was clarified that the Child Support Department uses this entire space. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the lease for the Sawyer Building located at 110 N. Churton in Hillsborough. VOTE: UNANIMOUS J. HOME PROGRAM - ABBOTTS COLONY Commissioner Brown asked that negotiations take place with Habitat for Humanity to see if they will accept these two lots for habitat housing. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to postpone action on this item until negotiations take place with Habitat for Humanity. VOTE: UNANIMOUS NOTE: Appointments were considered at this time for the Economic Development Commission and Commission for the Environment. Nominations for the Economic Development Commission were Mark Marcoplos, Esther Tate, Jim Gibson, Richard Matthews and Johnny Morrison. The County Commissioners voted and Mark Marcoplos received three votes, Jim Gibson received four votes and Esther Tate received four votes. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to appoint to the Commission for the Environment for three year terms, June Dunnick, William Glaze, Daniel Okun, and Jane Sharp-Mac Rae; for two year terms Annette Jurgelski, Loraine Kohorn, Richard Pratt, Kris Price and Lee Rafalow; and for one year terms, Andrew Burke, Roy Fortmann, Rosalinda Lidh, Scot Martin and Stephen Whalen. Commissioner Gordon will serve as the Commissioners' representative on this Commission. VOTE: UNANIMOUS 10. ITEMS FOR DECISION -REGULAR AGENDA A. HOME PROGRAM - HABITAT FOR HUMANITY The Orange County HOME Consortium designated $16,000 of 1996-97 HOME Program and $60,000 of 1997-98 HOME funding to Habitat for Humanity to assist with new housing construction related activities in the County. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to authorize the execution of two (2) Development Agreements with Habitat for Humanity on behalf of the Orange County HOME Consortium upon the County Attorney's review and approval. VOTE: UNANIMOUS B. UPDATE OF MASTER RECREATION AND PARKS MASTER PLAN CHARGE TO WORK GROUP The Board considered the expanded charge and appointments to the Master Recreation and Parks Plan Work Group. Commissioner Brown suggested that a steering committee made up of elected officials meet before this group begins their work. She asked that staff find out why Chapel Hill did not appoint an elected official to serve on this work group. A motion was made by Commissioner Gordon to approve the charge, the appointments of those printed, to ask UNC to participate, to ask Chapel Hill to appoint an elected official and approve a steering committee made up of elected officials which will meet before the regular meeting. Commissioner Brown offered a substitute motion to table this item and bring back at the next meeting. Commissioner Halkiotis seconded this substitute motion which became the main motion because no second was received for the aforementioned motion by Commissioner Gordon. Two friendly amendments to this motion were also approved. One was to send a letter to UNC asking them to participate and the second was to appoint a steering committee. VOTE: UNANIMOUS C. WELFARE REFORM DESIGNATION The Welfare Reform Legislation recently approved by the N.C. General Assembly establishes The Work First Program as a program of public assistance, replacing the Aid to Families with Dependent Children (AFDC) Program. This legislation stipulates that the Board of County Commissioners decide by three-fifth (315) majority vote whether the county will request designation as an Electing Program County or a Standard Program County. DSS Board Chair Dr. Jan Schopler presented their recommendation to the Board of County Commissioners that Orange County request a standard county designation. The DSS Board agreed to recommend that the Board of County Commissioners utilize the Human Services Task Force to assist in developing the local Welfare Reform Plan. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to request a standard county designation and to utilize the Human Services Task Force to assist in developing the local Welfare Reform Plan. Dr. Jan Schopler, Associate Dean, UNC-School of Social Work and DSS Board Chair, and Commissioner Moses Carey, Jr. will serve as co-chairs. VOTE: UNANIMOUS D. PROPOSED DESIGN OF HOMESTEAD ROAD The County Commissioners received information on the proposed design of Homestead Road which may change the design and construction schedule of planned improvements to Homestead Road. Ann Maddry spoke against this road widening project. She said that she will lose the house where she lives which is 130 years old. She is opposed to five lanes on Homestead Road. William Wood has lived on Homestead Road for over 30 years. He asked if an impact analysis had been done for Homestead Road. This widening project will be devastating to him and his property. He feels that Eubanks Road could be used as a bypass to NC54 and US15-501, Commissioner Gordon said that Orange County has agreed with Chapel Hill that three lanes is sufficient. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to agree with the Town of Chapel Hill supporting the widening of Homestead Road to a 3 lane curb and gutter facility with five-foot bike lanes and sidewalks. VOTE: UNANIMOUS Linda Roberts asked if it would be possible for Chapel Hill to get together with Carrboro to be sure this road is the same in both jurisdictions. Carrboro has suggested two lanes with a grassy medium. Commissioner Gordon will follow up on this request. 11. REPORTS A. REPORT ON CANE CREEK WATERSHED STUDY This item was postponed. B. WILDLIFE HABITAT STUDY -TRIANGLE LAND CONSERVANCY The Board heard a presentation and received a report from the Triangle Land Conservancy on wildlife habitats in Orange County. Livy Ludington of the Triangle Land conservancy emphasized that the report reveals a great deal of urgency in protecting our forest and saving some of the habitat. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proceed with objectives as outlined in the report. VOTE: UNANIMOUS C. SOLID WASTE MANAGEMENT INTERLOCAL AGREEMENT John Link said that the focus of the Assembly of Governments meeting tomorrow night will be consideration of the 14 points of community benefits. He recommends that the County Commissioners discuss the interlocal agreement and community benefits. B.B. Olive made reference to Article 6 for setting up an advisory commission. He requested that the County Commissioners not wait until all the items in the interlocal agreement are agreed upon but to go ahead and form a solid waste advisory commission with a charge to search out all methods of waste management for Orange County. The County Commissioners discussed at length the draft interlocal agreement. They decided there were still many questions that need to be answered and issues to be solved before reaching an agreement. Commissioner Gordon mentioned that the County Commissioners had indicated the LOG and all the jurisdictions would site a landfill before approving an interlocal agreement. That is on hold because of the NASA easement on the proposed landfill site 17. The Board agreed that a landfill cannot be sited by the December 1, 1997 deadline. An Assembly of Governments meeting will be held tomorrow evening at which time the jurisdictions will discuss, among other solid waste issues, community benefits. D. NAMING OF THE SOUTHERN HUMAN SERVICES CENTER The Southern Human Services Building will be completed in February. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to refer the naming of the Southern Human Services Center and the Skills Development Center to the County Manager for a recommendation to be returned in December. VOTE: UNANIMOUS ADDED ITEM The moratorium that Carrboro requested will be placed on the next agenda. 12. APPOINTMENTS These appointments were considered before the Regular Decision items on page 13. MINUTES - NONE 14. CLOSED SESSION A. PERSONNEL MATTER -AUTHORITY: G.S. SECTION 143-318.11(A)(6) This item was postponed. 15. ADJOURNMENT With no further items to come before the Board, a motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adjourn the meeting. The next regular meeting will be held on November 3, 1997 in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. William L. Crowther, Chair Beverly A. Blythe, Clerk