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HomeMy WebLinkAboutMinutes - 19990119APPROVED 416199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting January 19, 1999 The Orange County Board of Commissioners met in regular session on January 19, 1999 at 7:30 p.m. in the Board Room at the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs 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 RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to add to the agenda as item 9-B1 "Funding for Process to Obtain Standing with the Nuclear Regulatory Commission in the Permitting Process for Expanded Storage of Waste Nuclear Fuel Rods at Shearon Harris Nuclear Power Plant" and to add the appointments from item 11 b for the OWASA Board of Directors and the Orange County Board of Adjustment for consideration before the regular agenda items. VOTE: UNANIMOUS 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon stated that citizens who wish to speak to an item on the printed agenda should sign up on the clipboard at the back of the room. b. Matters not on the Printed Agenda Mr. Carl Sindermann spoke on his concerns about discharging firearms in close proximity to his home. They live a few miles outside of the city limits of Hillsborough. During the two years he has lived here, his next door neighbors on one side have taken to the habit of frequently firing guns in a make-shift shooting range. The area is clearly visible from their home as well as the playground in their front yard where their five-year-old and one-year old sons play daily. At first these neighbors fired only .22 caliber rifles. More recently they have begun firing larger caliber hand-guns as well. His greatest fear is that an accident will happen. He advocates for an ordinance which limits firing within the proximity of a dwelling. Commissioner Halkiotis suggested authorizing the Manager to reconstitute the hunting committee to look at this issue. He volunteered to work on this committee. The Board agreed by consensus to look at the composition of this committee and move forward with calling the committee together. Mr. Sindermann will be informed of these meetings. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis noted that another accident happened at the east end of Forrest Avenue in Efland. He asked that additional signage be placed on that road before the curve. He made reference to the court issue at the Chapel Hill post office and asked for a report. He distributed two newspaper articles about a developer who wants approximately 350 acres of land adjacent to Hillsborough annexed into the town so he can develop the property for mixed commercial and residential use. The Board decided to ask the Town Commissioners when they meet with them on Thursday evening about this development. He commended the Health Department for their handling of the Hepatitis situation last weekend. Commissioner Jacobs asked for an agenda item at the next meeting on several OWASA issues that are outstanding including the assessment policy, Jordan Lake allocation and OWASA's request for our comments about the Orange Grove Volunteer Fire Department tax district payments. In response to Commissioner Jacobs' remarks, Chair Gordon said that she talked with Mr. VanderMeer and he indicated that the OWASA Board will discuss this item on Thursday evening. She told him that the County Commissioners would try to move these items along. 4. COUNTY MANAGER'S REPORT John Link recognized Alice Pettitt, a member of the Cooperative Extension staff and Family and Consumer Educator, for receiving the 1998 Cooperative Extension Leadership award. This is a statewide award and she was the only recipient for 1998; she created a food safety program, not only for our County but for fifteen other counties. This program trains restaurant owners in the proper care of food. She also has been the leader in the coalition that addressed immunizations for children where barriers exist. John Link announced the appointment of two new department heads. Ann Kapland has been appointed as the Director of the Orange County Arts Commission and Annette Moore has accepted the position as the new Human Rights Director in Orange County. He elaborated on the background of both of these individuals. 5. RESOLUTIONS/PROCLAMATIONS a. Habitat for Humanity -- "Celebration 2000" Millennium Event The Board considered a resolution in support of County officials and employees volunteering to help construct a home for "Celebration 2000," sponsored by Habitat for Humanity of Orange County, Inc. Ann DiGiano, President of Habitat for Humanity gave an update on "Celebration 2000". She said that they plan to build 11 homes off of Rogers Road. One component of their "Celebration 2000" is building community spirit. They have nine different groups who have committed to building these homes. They have a $1.6 million budget and have raised 60% of these funds. Another component is an education component. They plan to educate citizens about the need for affordable housing in Orange County and issues surrounding affordable housing. They plan to provide the citizens of Orange County with a meaningful way to help celebrate the 2000 millennium event by asking the elected officials and the employees from the Towns of Carrboro, Hillsborough and Chapel Hill and Orange County to help with a project. Commissioner Carey volunteered to work on a Habitat house and challenged all elected officials in Orange County to work along side him on a Habitat project. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the resolution of support as stated below: RESOLUTION HABITAT FOR HUMANITY OF ORANGE COUNTY. NC "CELEBRATE 2000" MILLENNIUM EVENT WHEREAS, Habitat for Humanity of Orange County, Inc. proposes a community-wide Millennium Celebration focusing on the construction of eleven (11) affordable homes in its Rogers Road Millennium Subdivision; and WHEREAS, Habitat for Humanity intends to create eleven (11) homeownership opportunities for low-income households; and WHEREAS, Habitat intends to spearhead a celebration that includes the participating of the broadest possible cross- section of the Orange County community; and WHEREAS, the construction of new or substantially rehabilitated housing units that are affordable to families earning below 60% of the area median income is a stated priority in the 1995-2000 Orange County Consolidated Plan for Housing and Community Development Programs; and WHEREAS, on April t, 1998, the Orange County Board of County Commissioners endorsed Habitat for Humanity's construction of eleven (11) affordable homes through a community-wide Millennium Celebration; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board pledges the volunteer support of County elected officials and county employees with the construction of one (1) affordable home during the community-wide Millennium Celebration. VOTE: UNANIMOUS G. SPECIAL PRESENTATIONS a. Presentation of Orange County Arts Commission Grants and North Carolina Arts Council Grassroots Grants Chair Gordon presented award checks to recipients of Orange County Arts Commission grants and 1998- 99 North Carolina Arts Council Grassroots grants. The local recipients were congratulated by all the County Commissioners. 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 on the Consent Agenda as stated below: a. Appointments The Board approved the following appointments: Cable TV Advisory Board Mr. E. L. Clark - reappointed for a term ending December 31, 2001 Commission for the Environment Roy Fortmann's position changed from "At-large" to "Air Quality" for a term ending December 31, 2001 Human Services Transportation Board Albert Hardy and Edward Seibert reappointed for terms ending March 31, 2001 Nursing Home Community Advisory Committee. Margaret F. Hudson appointed to an unexpired term ending June 30, 1999 Aurora Hoobler appointed to a term ending June 30, 2001 b. New Administrative Assistant Position for the Environment and Resource Conservation Department Per December 1. 1998 BOCC Action The Board established and approved a new permanent full-time administrative assistant II position in the Environment and Resource Conservation Department at salary grade 62 ($22,413-$35,637). c. Property Tax Refunds The Board approved a refund resolution for nine requests for property tax refunds as stated below: NAME ACCOUNT # AMOUNT Noh, Choong Hee F44541 $ 56.96 Shin, Euichul F45808 $ 22.94 Scott, Stephen Griffith F45678 $ 63.87 Sechirst, Oland Dennis F36933 $ 25.81 Bradley, Carl Anthony E38724 $ 17.00 Bradley, Carl Anthony E96260 $ 24.79 Bradley, Carl Anthony E38723 $ 161.53 Jackson, Cathy Dawn F34274 $ 53.21 Montgomery, Diana Lynn E51014 $ 43.72 d. e. was The Board approved and authorized the Chair to sign a contract in the amount of $28,175 to Service Design Associates, Inc. for electronic benefits transfer training for food stamp recipients. f. Interlocal Agreement with Town of Carrboro for GIS Services and Products The Board approved and authorized the Chair to sign an interlocal agreement between Orange County and the Town of Carrboro for the mutual purchase of GIP products from the County's vendor, Atlantic Technologies. g_ HOME Program--Creel Street This item was moved to the end of the Consent Agenda for separate consideration. h. Housing Rehabilitation Contract Award The Board approved awarding a housing rehabilitation contract to Thames Construction in the amount of $26,925 for the Community Development Block Grant Housing Rehabilitation Program. i. Lease Agreement Renewal--Coldwell Banker. 501 West Franklin Street The Board approved and authorized the Chair to sign a request by Coldwell Banker to exercise an option to renew its lease at 501 W. Franklin St., Chapel Hill, for a three-year term at a cost of $160,215. L OWASA Dedication of Water Lines/Granting of Easement for Skills Development Center This item was moved to the end of the Consent Agenda for separate consideration. k. 1999 Historic Preservation Fund Grant Application The Board approved applying for 1999 Historic Preservation funds from the State Historic Preservation Office. 1. Minutes The Board approved the minutes from its Dec. 15, 1998 regular meeting. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA d. Computer Support Outsourcing Agreement with Tri-Met The Board considered a computer support services agreement with Tri-Met for the remainder of the 1998-99 fiscal year. Commissioner Jacobs asked if there was a policy or criteria for evaluating outsourcing and was told that in this particular case, outsourcing of this service was approved in the budget last year. By consensus the Board asked that criteria be developed for outsourcing. Commissioner Brown asked to hold this item until it is discussed by the IT committee next week. John Link noted that they did poll the members of the task force and their comments are included in the agenda. It was the consensus of the Board to hold this item until the next agenda. g HOME Program--Creel Street The Board considered approving an amendment to a development agreement with EmPOWERment, Inc. for development of affordable housing on a Creel Street lot in the Pine Knolls community on behalf of the Orange County HOME Consortium. Commissioner Carey asked if six months would allow enough time for construction. Housing and Community Development Director Tara Fikes said that they are presently receiving bids for modular homes and that six months is enough time. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve an amendment to a development agreement with EmPOWERment, Inc. for development of affordable housing on a Creel Street lot in the Pine Knolls community. VOTE UNANIMOUS L OWASA Dedication of Water Lines/Granting of Easement for Skills Development Center The Board considered granting a 30-foot easement to OWASA for water lines constructed for the Skills Development Center renovation project. Chair Gordon asked about the drawing and Purchasing Director Pam Jones said that this line goes straight out the back of the building and across the parking lot. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve granting a 30-foot easement to OWASA for water lines constructed for the Skills Development Center renovation project. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA ADDED ITEM Orange County Board of Adjustment A nomination was made by Commissioner Brown, seconded by Commissioner Jacobs to appoint Dan Ferguson to the regular position on the Orange County Board of Adjustment. VOTE: UNANIMOUS OWASA Board of Directors A nomination was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Bernadette Pelissier to the County position on the OWASA Board of Directors. VOTE: UNANIMOUS a. Section 202 Elderly Housing Application The Board considered a request from First Baptist Church for financial assistance in the amount of $10,000 for preparation of 1999 HUD Section 202 Elderly housing applications. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Manager's recommendation as stated below: 1. Funds should be appropriated from the Commissioners Contingency Fund, contingent upon approval of funds from the Town of Chapel Hill. 2. County staff should provide the project sponsor, First Baptist Church, a copy of the Impact Fee Reimbursement Policy and provide technical assistance with the preparation of an impact fee reimbursement request in accordance with the referenced policy and the County's annual budget preparation process, and 3. Funds granted by the Orange County Board of Commissioners should only be used for the feasibility study related to the above referenced HUD Section 202 Elderly Housing Application. VOTE: UNANIMOUS b. Facilitated Small Area Plan for Carrboro's Northern Study Area and Joint Planning Agreement The Board considered adopting amendments to the Joint Planning Area Land Use Plan and Map and Joint Planning Agreement to incorporate the Facilitated Small Area Plan for Carrboro's northern study area. Interim Planning Director Gene Bell reviewed a map showing the Land Use Element of the joint planning area for Chapel Hill and Carrboro. He pointed out the transition areas for the Town of Carrboro. He noted that in the 1987 Joint Planning Agreement there were two transition areas. In 1996, a plan for the small area plan was brought to public hearing. This plan was sent back and led to a facilitated group and ultimately to the plan which is shown on page seven of the agenda packet. Roy Williford, Planning Director for the Town of Carrboro, said that in essence the plan proposes that they go to a village type floating-zone concept. Also, as part of that he would recommend that there be a floating mixed use center which is being called the office-mixed use center. Affordable housing provisions are included in the draft ordinance and the plan provides for a linked system of open space corridors. One of the major features of this plan is that it basically maintains the existing zoning that they have. However, it changes the way they currently calculate density - from a gross density approach to one which has an adjusted acreage approach or net density, meaning that all the primary and secondary conservation areas need to be looked at, which they have done. The open space provisions have been modified. They still have the 40% open space requirement. However, if a particular piece of property has primary constraints, those would need to be set aside as open space, even if it exceeds 40%. Commissioner Brown asked how many villages could be placed in the transition small area plan area and Roy Williford said that the first thing he looked for was a contiguous flat area of 25 acres for the core area of the village. Next, he wanted to be sure that they had 50 acres because that is what is being proposed in the ordinance. The area could not exceed 200 acres. There are three sites which he pointed out on a map. Commissioner Brown asked if Randal Arendt's comments of October 5th were taken into consideration. Board of Aldermen member Alex Zaffron said that the ordinance drafting committee went through the proposed ordinance amendments and made changes in the ordinance and language of the ordinance incorporating the changes Randall Arendt sent forward. Geoffrey Gledhill explained the three parts of the resolution in the agenda on page 33. The first part amends the Joint Planning Area Land Use Plan and the second part amends the Joint Planning Agreement. Both of these have been to public hearing and are being reviewed tonight. The third part lists the recommendations from the Northern Transition Area Advisory Committee. Chair Gordon reviewed the three parts of the resolution listed in the agenda beginning on page 34 and ending on page 38. She noted that the first two resolutions tract what the Orange County Planning Board recommended and the first part of the third resolution also tracts what the Planning Board recommended. The second part of the third resolution is a compromised proposal based on what Commissioner Jacobs suggested. This is an attempt to create a way to allow only Carrboro to approve applications. The Orange County Planning Board recommended that these conditional floating zones be approved by both Carrboro and the County Commissioners. Commissioner Brown asked Geoffrey Gledhill why we would want to do away with T1 and T2. He said that the reason the administration recommends doing away with T1 and T2 is because the facilitated small area plan does away with them and that is the recommendation of our Planning Board. The objective, as he understands the big picture objective of eliminating T1 and T2, is that having that designation has the potential to encourage suburban sprawl. The administration has recommended adoption of the facilitated small area plan which does away with T1 and T2. It eliminates the distinction between T1 and T2 zoning densities. Until T1 is fully developed, the density in T2 stays at 1 dwelling unit per acre. Commissioner Jacobs said that he has a concern about maintaining the two transition areas. However, he understands that in order to implement the plan without going to public hearing first, we would adopt what Carrboro has proposed. As part of the resolution we asked them to come back to us with a way to put T1 and T2 back and to address some of the other concerns -- size and location of office assembly and villages. He feels that if we express this in our resolution that Carrboro will come back and answer their concerns. Chair Gordon asked if we did not eliminate T1 and T2, could we still adopt the facilitated small area plan. Geoffrey Gledhill said that T1 and T2 is not mentioned in the small area plan and it did not go to public hearing that way. The only thing on the table for T1 and T2 is retaining it as a mechanism for deciding who approves conditional use permits. The proposal to amend the Joint Area Land Use Plan eliminates them. Commissioner Brown said that in the Joint Planning Area we presently have two transition areas, so she is not clear why we would have to go back to public hearing. She asked if we could just make it clear that these are not excluded by this plan. Geoffrey Gledhill said that it has not been proposed and he is not sure if it would be consistent with this plan. Alderman Alex Zaffron said that in order to implement the recommendations of the facilitated plan, it was determined that the standard used to determine the ultimate density, the five or one acre provision, rendered it virtually impossible that that density could be reached because of the large number of properties, which by that standard, were considered to be undeveloped but, are in fact occupied and therefore should be considered developed, and not count in density calculation. Also, the T1 and T2 lines do not seem to have any practical applications to the property lines in that part of the transition area. Commissioner Brown noted that Randal Arendt had recommended that the line be redrawn and he goes into detail where the two lines should be. Alex Zaffron said that they took these comments and compared them with the recommendation from the Committee. The Committee never discussed the T1 and T2 lines. JEF said that at the facilitated meetings they never discussed eliminating T1 and T2 area designation. He has always thought ought that T1 and T2 would be part of the final plan. These designations are the only mechanism for controlling orderly growth. He feels that the County can adopt Carrboro's plan and then not approve the second amendment which eliminates the language for T1 and T2 because there is no reference to the elimination of T1 and T2 in the facilitated plan. After further discussion, a motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the three part resolution as included in the agenda with two changes (1) page 36, #1 B - 3 of the 5 members be appointed by the Orange County Board of Commissioners from among citizens residing in the Carrboro Transition area and (2) page 37, item #A reimplementing T1 and T2 distinction coupled with a workable definition of a way to determine T1 and T2 distinction including T2 density maximum is eliminated; and perfecting the boundary dividing T1 and T2. In answer to a question from Commissioner Halkiotis, Geof Gledhill said that he believes the Board can adopt this motion without there being a problem. zones Chair Gordon noted that she did not realize that adoption of Carrboro's plan would eliminate these transition Commissioner Brown noted that she would have no problem in adopting this plan with the transition areas Geof Gledhill did not know what is involved with including the transition areas. He said that it may change the entire plan and need to go back to public hearing. She suggested waiting to approve this plan to be sure it is right. VOTE: AYES, 2, NOS, 3 (Chair Gordon and Commissioners Brown and Halkiotis) It was decided that the County staff will work with Carrboro's staff and the attorneys will work together to clarify some of the issues and to answer outstanding questions as noted by the Planning Directors for Orange County and Carrboro and put this item on the next agenda for decision. ADDED ITEM b-1. Funding for Process to Obtain Standing with the Nuclear Regulatory Commission in the Permitting Process for Expanded Storage of Waste Nuclear Fuel Rods at Shearon Harris Nuclear Power Plant A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve acquiring legal and technical assistance to evaluate CP&L's proposal and permit application and to file the documents necessary to make credible contentions and establish standing with the NRC, by the February 12 deadline with funding provided from the Commissioners' Contingency account. VOTE: UNANIMOUS c. Proposed Plan for an Orange County Agricultural Summit The Board considered a proposed date, location and agenda for the Orange County Agricultural Summit which was distributed and explained by Cooperative Extension Director Fletcher Barber. The cost of this summit is estimated at $1,600. They are trying to raise funds from the private sector but would like to have the County Commissioners' support for any shortfall they may incur. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve holding this summit on February 25 from 10:00 a.m. to 2:00 p.m. at the Schley Grange Hall on Hwy 57 North of Hillsborough and to approve covering any shortfall in funds. VOTE: UNANIMOUS d. Approval of Agreement for Pocket Park Design by Dick Wilkerson and Approval of Funding Sources The Board considered approving an agreement in the amount of $1,800 with Dick Wilkerson to develop construction documents for a proposed pocket park at the Skills Development Center, and, approving the use of $50,000 in the Skills Development Center renovation funds and $25,000 in Parks bond funds to complete the project. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the agreement with Dick Wilkerson and authorize the Purchasing Director to execute the necessary paperwork and to authorize the use of remaining funds in the Skills Development Center Project Fund with additional monies necessary to build the park to be funded from the Parks Bond Funds; and stipulating a maximum of $25,000 to be used from the Parks Bond Funds. VOTE: UNANIMOUS e. tngineering Associate rosition--uuties, status ana ciassitication Tian Amenament The Board considered proposed duties and status of an engineering associate position, and amending the classification and pay plan to establish the position at salary grade 68 ($30,034-$47,753). After a brief question and answer period, the Board decided to approve this as a two-year time limited position and if applications are not received to bring back to the County Commissioners for them to reconsider at that time changing the position to a regular permanent position. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the recommended duties for the Engineering Associate position as outlined as Attachment 1 in the agenda and amend the Classification and Pay Plan to establish the new class of Engineering Associate at Salary Grade 68. VOTE: UNANIMOUS 10. REPORTS a. Triangle Transit Authority Annual Financial Report This item was delayed to a future agenda. b. Forest Service Update The Board received a report from Brad Bowling, Orange County's Forest Ranger, concerning enforcement actions against a logger who failed to observe water quality regulations while clearing property in Eno Township. Brad Bowling said that he has taken all the steps he can take. Nothing has been done by the loggers but they have been notified. He was informed today that Orange County has the authority to impose fines. He was told that there are a few counties which have the authority for enforcement and Orange County is one of those counties. Commissioner Jacobs asked for a report from Geof Gledhill on what is in our purview and what is not. Geoffrey Gledhill said that Warren Faircloth can enforce the Erosion Control Ordinance. There was a consensus of the Board to ask the County Attorney for this report. Commissioner Brown asked Brad Bowling to put his report in writing so they can study the information and procedure for enforcement. C. University Campus Voting Precinct Proposal The Board received a report from the Director of the Board of Elections on the feasibility of a proposal to create a voting precinct on the UNC campus. Carolyn Thomas explained that North Carolina law, as written, would preclude an "on-campus precinct" for satellite voting. The Board decided to include this issue in their legislative goals. Commissioner Jacobs recommended contacting the student body to see if they may want to pass a resolution asking the County Commissioners to pursue this in the legislature. d. Juvenile Crime Prevention Council Update This item was delayed to the next meeting. e. 1999 Legislative Goals This item was delayed to the next meeting. APPOINTMENTS These appointments were postponed to the next meeting 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The next meeting as listed on the regular meeting calendar will be held on Thursday, January 21, 1999 at 7:39 p.m. in the meeting room of the Government Services Center, Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk