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HomeMy WebLinkAboutMinutes - 19990216APPROVED 6121199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting February 16, 1999 The Orange County Board of Commissioners met in regular session on Tuesday, February 16, 1999 at 7:30 p.m. in the Board room at the Southern Human Services Center in 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 STAFF PRESENT: County Manager John Link, Assistant County Managers Albert Kittrell and Rod Visser and Clerk to the Board, Beverly A. Blythe. All other staff will be identified as appropriate. Prior to the County Commissioners meeting, The Disability Awareness Council held a reception at 7:00 to celebrate their receiving a $2,500 award from the National Organization on Disability and United Parcel Service. The Orange County Disability A wareness Council won the award for increasing the participation of people with disabilities in community life. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board agreed to add to the agenda a Closed Session for the purpose "to establish the County's position and to instruct the County Manager and the County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS 143-318.11(a)(5). 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda - NONE b. Matters not on the Printed Agenda Chair Gordon asked that citizens who would like to speak to an item on the printed agenda to please sign the clipboard so they are not overlooked. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis mentioned the accident that happened last week at the railway crossing located at the Burnsville intersection. He urged the Board of County Commissioners to write another letter to ask for signaling at this railroad crossing. Commissioner Halkiotis said that he was surprised when he received a call about the 150,000 gallon hog spill in Orange County. He wants the staff to know he appreciated the update from Extension Director Fletcher Barber. He understands that the Soil and Water Conservation Department and the County Extension Director have tried to help this person. However, this person has such an attitude that the Sheriff's deputies must accompany state officials when they go to his home. He asked if there are any other situations like this in Orange County and John Link said that he is not aware of any. The individual today has begun to work with the County to initiate best management practices. Commissioner Brown made reference to a newspaper article which said that Orange County is second in the state in abandoned lagoons. She is concerned because of the drinking water watersheds. She asked for a report on these abandoned lagoons and Commissioner Jacobs agreed saying that he was told by the Soil and Water Conservation Department that the article in the News and Observer was grossly inaccurate. Commissioner Jacobs made reference to the CP&L intervention and asked for a report on what the County's consultant filed with the Nuclear Regulatory Commission on behalf of the County. Also, he asked for an accounting of what others have donated to this cause, how much money has been committed, and the short-term and long-term costs. John Link said that they did get a response from Diane Curran on the cost of each step in the process which he will provide to the County Commissioners. Chair Gordon said that responses have been received from Dr. Thompson and Diane Curran on what they filed last Friday. She mentioned that we are trying to schedule a meeting with our legislative delegation. 4. COUNTY MANAGER'S REPORT John Link made reference to the Burnsville intersection and said that County Engineer Paul Thames met with concerned citizens about this railway crossing. Part of the problem is that the road crossing the tracks is private. He will draft a letter for the Chair's response. 5. RESOLUTIONSIPROCLAMATIONS a. Community Award to DisabilitV Awareness Council The Board recognized the Orange County Disability Awareness Council for its second place award in the 1999 National Organization on Disability/United Parcel Service Community Awards competition. Chair Gordon read a letter from Governor Hunt congratulating the Council on their award. She read the resolution and presented it to Patricia Copeland, Chair of the Orange County Disability Awareness Council. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve the resolution of appreciation as listed below RESOLUTION OF APPRECIATION WHEREAS, The Orange County Disability Awareness Council has placed second in the 1999 National Organization on Disability/United Parcel Service Community Awards competition, and WHEREAS, The Orange County Disability Awareness Council has received recognition for increasing the participation of individuals with disabilities throughout the community, and WHEREAS, The Orange County Disability Awareness Council is commended far: ? the creation of a review board of public and private builders, contractors and architects to ensure accessibility in new construction, ? producing cable TV programs highlighting disability issues in the community, and ? implementing an awards ceremony during Disability Awareness Month to honor employers of people with disabilities, as well as disabled persons who are employed in the community. Now, Therefore, Be It Resolved that the Orange County Board of Commissioners acknowledges the Orange County Disability Awareness Council for their commitment and dedicated efforts toward serving the citizens of Orange County. VOTE: UNANIMOUS b. Proclamation for Gaitha Lassiter Memorial Day The Board considered proclaiming February 19, 1999, as Gaither Lassiter Memorial Day. Commissioner Carey said that Gaitha Lassiter was one of the hardest working people to advocate for the elderly in this county. He read the resolution. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the resolution as stated below: PROCLAMATION FOR GAITHER LASSITER MEMORIAL DAY Whereas, the Orange County Board of Commissioners wishes to recognize Gaither Lassiter as a pioneer and an industrious worker who enriched the quality of life for senior citizens in Orange County, and Whereas, her persistent and courageous efforts produced major accomplishments for the elderly and poor in this County, and Whereas, Gaither Lassiter, along with others, participated in the development of the Chapel Hill multi-purpose center by working with former Mayor Howard Lee, and Whereas, Gaither Lassiter, site manager for JOCCA, provided warmth friendship, and a nutritional meal for all the elderly who came to the Center, and Whereas, Gaither Lassiter played a vital role in organizing the first "meals on wheels" program, and Whereas, Gaither Lassiter received many honors, including one from Governor Jim Hunt of North Carolina and from the Town of Chapel Hill, and Whereas, Gaither Lassiter, "known as a community Activist Extraordinaire," was a strong farce in the Civil Rights movement, and Whereas, Gaither Lassiter traveled throughout North Carolina and other states as a missionary and a civic leader, not only just a listener but a "doer with a purpose", and Whereas, Gaither Lassiter organized the Golden Age Happy Circle in 1967 and was instrumental in getting many senior clubs started in Orange County. NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners declare February 19, 1999 as Gaither Lassiter Memorial Recognition Day. VOTE: UNANIMOUS C. Cable TV Rate Adlustment - Time Warner The Board considered a resolution adjusting basic cable rates for Time Warner Cable. Albert Kittrell said that under FCC regulations cable companies are permitted to request rate adjustments based on inflation. Triangle J Council of Governments Cable TV Consultant, Bob Sepe, has reviewed Time Warner documents on behalf of the County and determined the rate should be adjusted as requested by Time Warner. Michael Patrick, Chair of the County Cable TV Committee, said that if the County denied this request, they would have to base the denial on a finding of fact. This is a reflection of the limited authority the County has in reviewing cable TV rates. He recommends approval. Commissioner Halkiotis asked about what is happening in Cary on this issue. Bob Sepe said that he understands that the Town of Cary is upset about the price increase in the upper tier and apparently is going to lobby the FCC. The upper tier rate regulations expire the end of March. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the resolution as included in the agenda and incorporated herein by reference which will adjust basic Cable TV rates for Time Warner Cable. VOTE: AYES, 4; NOS, 1 (Commissioner Brown) Commissioner Halkiotis suggested that some of the cable TV revenues that Orange County receives be used to start videotaping Board of County Commissioners' meetings. John Link said that a report will come back in April on televising Board of County Commissioners' meetings. 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes from its Nov. 23, 1998 quarterly public hearing. b. Housing Rehabilitation Contract Award The Board awarded a housing rehabilitation contract in the amount of $23,380 to Taylor Home Improvements under the Community Development Block Grant Housing Rehabilitation Program. C. Skills Development Center - Lease Agreement with Partners This item was removed and placed at the end of the Consent Agenda. d. Jail Inspection Report The Board received a report on an inspection of the Orange County jail conducted January 22 by the North Carolina Department of Human Resources. e. Request for Proposals - Archeological Survey of St. Mary's Road Corridor This item was removed and placed at the end of the Consent Agenda. f. Budget Amendment #6 The Board approved nine budget ordinance amendments for fiscal year 1998-99 which are included herein by reference. g: Preliminary Plan - High Point Woods Phase III This item was removed and placed at the end of the Consent Agenda. h. Reestablish Grant-funded Deputy Sheriff I Position The Board approved reestablishing a permanent full-time deputy sheriff I position to be funded by a grant from the U.S. Department of Justice. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA: C. Skills Development Center - Lease Agreement with Partners The Board considered entering into lease agreements with the Orange County Literacy Council, the Joint Orange-Chatham Community Action Agency, the Employment Security Commission and Durham Technical Community College for space at the Skills Development Center. Commissioner Brown asked why we don't have a lease with Good Works. Purchasing Director Pam Jones said that they will have a similar lease agreement with them, however they are not considered a partner. These leases are for office space because most of the other common areas are open to everyone. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the leases with Orange County Literacy Council, the Joint Orange-Chatham Community Action (JOCCA), the Employment Security Commission and Durham Technical Community College for space to be used at the Skills Development Center, 503 West Franklin Street, Chapel Hill, North Carolina. VOTE: UNANIMOUS e. Request for Proposals - Archeological Survey of St. Mary's Road Corridor The Board considered approving a request for proposals for an archeological survey of the St. Mary's Road corridor. Commissioner Brown asked Preservation Planner Don Belk if this is a matching grant and Don Belk said that the $4,000 grant will be matched by $6,000 in County funds and $2,000 in-kind services. He explained that the consultant will do an historic architectural survey and an archeological survey of the Corridor. The survey will be part of an eventual preservation plan for the St. Mary's Road Corridor. The $6,000 cash match is in the FY 1998-99 Planning Department budget. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the Request for Proposals with the recommendation to come back to the County Commissioners for approval. VOTE: UNANIMOUS e Preliminary Plan - High Point Woods Phase III The Board considered a preliminary plan for High Point Woods Phase III in Chapel Hill Township. The proposed four-lot High Point Woods, Phase III major subdivision is located in the northwest corner of Chapel Hill Township. It will be accessed from the south side of Ode Turner Road via Sparrow Hawk Crest Road by a Class B private road. Commissioner Jacobs asked about the access to the private road. Planner Jim Hinkley explained that since the proposal is for no more than nine lots, it is eligible for a Class B Road classification. At ten lots, it would have to be constructed as a Class A Road. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Preliminary Plan for High Point Woods, Phase 111, with the conditions listed in the Resolution of Approval which is incorporated herein by reference. VOTE: UNANIMOUS 9, ITEMS FOR DECISION - REGULAR AGENDA a. Appointment of Special Board of Equalization and Review The Board considered a resolution to establish a special board of equalization and review to ensure that 1999 tax lists and records comply with provisions of the North Carolina Tax Machinery Act. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to establish the Board of E&R as stated in the resolution below and to direct staff to recruit applicants stating the time commitment with appointments to be made at a future Commissioners' meeting. VOTE: UNANIMOUS ORANGE COUNTY BOARD OF CONEVUSSIONERS A RESOLUTION PRO11DING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND RE17IE«% «IIEREAS, pursuant to North Carolina General Statute 105-322, the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of Orange County, and WHEREAS, the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by North Carolina General Statute 105-322; and WHEREAS, the Board of Commissioners of Orange County deem it advisable to appoint a special Board of Equalization and Review and by this resolution provide for the membership, qualifications, terms of office and the manner of filling of vacancies on the special Board of Equalization and Review; NONAT, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF CONWHSSIONERS TILAT: 1. The special Board of Equalization and Review of Orange County is hereby created. 2. The Orange County special Board of Equalization and Review shall consist of 3 regular members and several alternate members, each to serve for a tern beginning on the date of appointment and ending after all appeals filed on or prior to June 30, 1999 have been heard and decisions rendered. 3. Vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In addition, the Board of Commissioners of Orange County, in selecting members of the special Board of Equalization and Review, may consider: a. The length of time a candidate has resided in Orange County, b. Whether and to what extent a candidate owns real property located within Orange County, c. Whether and to what extent a candidate is familiar with the value of real property located within Orange County, d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical and demographical composition of the special Board of Equalization and Review within Orange County. f Any other matters that the Board deems appropriate. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same manner as it uses for other appointments. !after the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chairman of the special Board. VOTE: UNANIMOUS b. Disposal of Surplus Property- Clark Hills Subdivision, Chapel Hill The Board considered declaring one lot in the Clark Hills subdivision as surplus property and authorizing staff to enter into negotiations with prospective buyers. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to postpone action on this item to allow time to receive a written response from the Chapel Hill Town Council on the adjoining two lots which they own. VOTE: UNANIMOUS It was agreed that the Chair would write a letter to the Mayor of Chapel Hill to request this information. c. Proposed Sheriff's Department Substation at Efland-Cheeks Community School Park The Board considered options to provide space for a Sheriff's Department substation at Efland-Cheeks Community School Park. Director of Purchasing and Central Services Pam Jones summarized the information in the agenda which outlines the options for providing a substation and the associated costs. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve reallocating two offices in the existing Community Center for use by the Sheriff's Department. VOTE: UNANIMOUS d. Zoning Atlas Amendment: Z-4-98 - James and Patricia LaTorre The Board considered amending the Orange County Zoning Atlas by rezoning a 19.96-acre lot in the I- 85/Buckhorn Road Economic Development Activity Node from Primary Economic Development to Secondary Economic Development. Planner Karen Lincoln summarized this request. The property is located on the north side of West Ten Road approximately 0.5 mile west of Bushy Cook Road and approximately 1.25 miles east of Buckhorn Road. The applicants have tried to market the subject property for commercial development and cannot find any interested clients because of the lack of public infrastructure which is needed to attract large industrial or commercial enterprises. The applicants are requesting Secondary Development Area designation for the subject property. James and Patricia LaTorre read a prepared statement. They have requested this rezoning because they need to sell this property. Commissioner Halkiotis asked John Link about the intentions of Mebane for this area. John Link said that, to his knowledge, there is no specific project or proposal. He noted that providing water and sewer to this area would probably be a combination of Orange County extending the Efland sewer project and Mebane extending water and sewer from their end. John Link suggested that the County Commissioners may want to review the purposes for this area. Commissioner Jacobs said that he would like to see the County either develop strategies for providing water and sewer to this area or not keep this as an Economic Development District. Commissioner Halkiotis agreed saying that we should decide on whether or not we are going to promote this area and if we decide not to promote it, we need to abandon this as an EDD. Commissioner Carey said that this EDD was placed where it is so that the use would be compatible with the surrounding area. This was a long range plan. If we change to allow this particular piece to be rezoned as secondary, then it will decrease the probability that much of the remainder of the site will be used as intended. He feels the County needs to give some serious thought as to whether or not we want this entire area to remain a primary EDD or not. He feels that it should remain an area for primary economic development because there are not many places in this County that allows that kind of development. The intent was for the users to pay the cost of water and sewer extension regardless of the provider. Chair Gordon said that the Planning Board recommendation was a unanimous vote against rezoning because they assumed that the County Commissioners wanted to keep this for a primary EDD. She will not go against the Planning Board recommendation. However, she would be willing to reconsider the long term plan for this area. She noted that Mebane does require that if they extend water and sewer that the property be annexed. Commissioner Halkiotis asked Chair Gordon and John Link to write out for him what is happening with Mebane on annexation issues. He agrees with Commissioner Carey that the County Commissioners need to revisit the EDD issue. Commissioner Jacobs said that he believes the County Commissioners need to take a proactive look at the EDDs and make a decision as to whether or not we are committed to them and what that means. The LaTores will not get an answer tonight but they will know that we are going to review this issue and make a commitment for or against this area being in or out of the EDD. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to table action on this item and to instruct the County Manager, County Attorney, new planning director and EDC director to reevaluate this issue in the context of what is a reasonable expectation of the property owner as it relates to a long term plan. They will come back with pros and cons of leaving this area the same and pros and cons for mixed uses for this area. VOTE: UNANIMOUS e. Response to Triangle Transit Authority's Proposed Expansion in Orange County The Board considered issuing a formal response to the Triangle Transit Authority request for input on expansion plans for the next 18 months, and identifying a parkiride lot west of Hillsborough. Director of the Department on Aging Jerry Passmore distributed a map showing three locations for park and ride lots for which they are requesting TTA's support. He said that as the County's Transportation Board develops their transportation plan for the next four years, they will work closely with the TTA to better serve citizens of Orange County. Several questions were asked by the County Commissioners which Jim Richey, Executive Director of the TTA, answered. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the letter which will be revised and distributed to the County Commissioners before sending it to the TTA. VOTES UNANIMOUS 10. REPORTS a. Triangle Transit Authority Annual Financial Report The Board received a comprehensive annual financial report from the Triangle Transit Authority for the fiscal year ending June 30, 1998. Jim Richey talked about phase two saying that there are a lot of questions they will need to answer before the plan can be finalized. He summarized his annual report which is in the permanent agenda file in the Clerk's office. The Board received this report as information. b. Juvenile Crime Prevention Council Update The Board received a report on the status of the Juvenile Crime Prevention Council from Management Analyst Sharron Siler. This report was accepted for information. C. 1999 Legislative Goals The Board continued their discussion on legislative goals for the 1999 long session of the General Assembly. They decided they need further delineation of the issues in order to identify which ones they may want to support and the local issues they may want to further develop before making a final decision. They set a tentative public hearing date on proposed local legislation for March 3, 1999. The meeting was adjourned at 10:30 p.m. d. Report on Chatham County's Reauest to Access its Jordan Lake Water Allocation throuah OWASA's Jordan Lake Property and Approved Intake Location The Board was to hear a report on Chatham County's request to access its Jordan Lake water supply through OWASA's Jordan Lake property and consider approval of a draft letter to OWASA outlining the County's response. This item was postponed to the next meeting. e. Phan scnooi construction titanaaras I asK Force The Board was to hear recommendations from the I standards to be observed in design and construction of new high meeting. 11. APPOINTMENTS - NONE 12. MINUTES - NONE pool Construction Standards Task Force on space. This item was postponed to the next 13. CLOSED SESSION The Board was to hold a closed session "to establish the County's position and to instruct the County Manager and the County Attorney on the negotiating position regarding the terms of a contract to purchase real property in accordance with NCGS 143-318.11(a)(5). This item was postponed to the next meeting. 14. ADJOURNMENT With no further items for the Board to consider, Chair Gordon adjourned the meeting. The next meeting as listed on the meeting schedule will be held on February 18, 1999 at 7:30 p.m. in the Board Room of the Southern Human Services Center, Chapel Hill , North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk