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HomeMy WebLinkAboutMinutes - 19990420APPROVED 917199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 20, 1999 The Orange County Board of Commissioners met on Tuesday, April 20, 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 The County Commissioners deleted item 9-c "Blue Cross/Blue Shield Property Tax Refund". This request for a property tax refund was withdrawn by Blue Cross/Blue Shield officials. 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Gordon asked that citizens who want to speak to items on the printed agenda to please complete the sign-up sheet. b. Matters not on the Printed Agenda David Caldwell distributed a copy of the fourteen point package for the citizens who live in the present landfill area on Eubanks Road. He said that not all the tests that have been done on the test wells in the present landfill facility on Eubanks Road have been located. He does have information which indicates that fifteen wells exceed the safe level for contaminants. Caldwell also mentioned that several people in the landfill area do not drive and that bus service to the area is needed. Other homes do not have plumbing, which is adequate for utility hookup. He is hoping they can work with OWASA on financing the extension of lines for utility hookup. Commissioner Carey made reference to the comments about not receiving the results from testing the wells. The County Manager asked that Caldwell see the County's Health Director Rosie Summers about the water samples. Commissioner Brown said that all last year a subcommittee worked on the issues as listed by the citizens who live in the landfill area. She asked that Caldwell let her know which items have not been resolved. Chair Gordon suggested that the County Manager and Commissioner Brown meet with Mr. Caldwell and try to resolve these issues. Commissioner Halkiotis said that at the last meeting of this subcommittee evaluating community benefits, he thought they were going to identify the lines and resolve all the other issues. Commissioner Jacobs said that there is one more meeting and he wants to find out what they can do and how they can reach agreement. He suggested that after the County takes over solid waste management and establishes a solid waste advisory board that this advisory board do more of an outreach program so that citizens can understand what has been done and what will be done. PUBLIC CHARGE Chair Gordon dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Brown asked for Board support to develop a resolution on civil discourse. This resolution would be sent to all elected officials in Orange County. Commissioner Carey said that he supports such a resolution and requested that it also be sent to all chairpersons of our County boards and commissions. It was decided that Commissioner Brown would draft a resolution and bring it back to the Board for their review and approval. Commissioner Halkiotis made reference to a recent communication from the County Manager about the lease at the Dixon House. The Hillsborough Chamber of Commerce has been leasing the Dixon House for several years. However, they have not expressed an interest in renewing the lease which expires the end of June, 1999. He said that this space could be used for County employees or County Commissioners. There was a consensus of the Board to pursue offering the lease to the Chamber of Commerce at the market price per square foot of space. Commissioner Halkiotis said that as the exofficio member to the ABC Board, he attended their last meeting. The ABC Board voted to reinstate health insurance retiree coverage for the seven employees who were hired before January 1, 1998. They discussed the impact of expanding the retiree health insurance policy to cover all future employees. Mr. Pearson, ABC Director, pointed out that they could in 5 years be doing 10 million dollars in business with 30 employees and paying health insurance for those 30 plus 15 retirees. His concern is that the generated revenue could not support that cost. Commissioner Halkiotis asked that the County try to piggyback these employees onto our policy where this would be a win-win situation for everyone. He feels that with Personnel Director Elaine Holmes' assistance and with John Link's help, that we can assist the ABC Board to work through this issue to a positive conclusion. Commissioner Halkiotis noted that there is proposed legislation prohibiting billboards on 1-40 from the Orange/Alamance line to Wilmington. Commissioner Jacobs asked if the County monitors billboards here in the County. Planning Director Craig Benedict said that enforcement is only done on a complaint basis. Usually it is a sign that is dilapidated and the people who own the sign are contacted and asked to remove it. Commissioner Jacobs mentioned two events he attended last week -- the livestock show sponsored by Cooperative Extension and the volunteer fair sponsored by the Commission for Women. He noted that the Piedmont Farm Tour will take place this weekend. He made reference to a status report on firearm safety and asked John Link to provide him with a timeline for addressing this issue. He also asked that citizens who have expressed a concern for firearm safety to be notified of these meetings. He asked about the status of the meeting with Chatham County, OWASA and other jurisdictions. John Link will report back on this. Commissioner Carey asked that we communicate to OWASA and Chatham County that it may be beneficial for them to meet and talk about their specific needs and concerns prior to a meeting with the other jurisdictions. Commissioner Carey made reference to the 2000 census and said that he feels it is important for us to make sure there is a complete count in Orange County. He asked for a report on what the County plans to do to ensure that there is a complete count in Orange County. He specifically wants to know how the people in the Spanish and Latino communities will be contacted. Chair Gordon said that sometime ago the County Commissioners talked about doing a schedule of the major issues for upcoming meetings. John Link indicated that this schedule will be ready by mid-May. Chair Gordon said that on April 25 from 3:00 - 6:00 p.m., the Skills Development Center will host a dedication ceremony. She invited everyone to attend. 4. COUNTY MANAGER'S REPORT John Link confirmed that there was a consensus of the Board to renegotiate with the Hillsborough Chamber of Commerce the lease for the Dixon House using the market rate. 5. RESOLUTIONS/PROCLAMATIONS a. National Drinking Water Week The Board considered proclaiming the week of May 2-8 as National Drinking Water Week. Mr. Robert Campbell who lives near the present landfill said that he feels that providing safe drinking water should begin with the residents in the landfill area. He said that funds can be found to save the species in the water or to provide trails for walking but no funds can be found to provide safe drinking water for those people who have water which is contaminated from leakage from the landfill. He asked everyone to help the neighbors in the landfill area with this issue. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the proclamation as stated below: PROCLAMATION DRINKING WATER WEEK IN ORANGE COUNTY WHEREAS, water is one of the few basic and essential needs of human- kind; and WHEREAS, our health, comfort and standard of living depend upon an abundant supply of safe water; and WHEREAS, the Orange Water and Sewer Authority, Town of Hillsborough, Orange- Alamance Water System, Graham-Mebane Water System and Orange County have insured that facilities and systems provide Orange County citizens with a safe, dependable quality and quantity of water both now and in the future; and WHEREAS, dedicated men and women have made significant contributions developing, operating and maintaining these systems; NOW, THEREFORE, the Orange County Board of Commissioners do hereby proclaim the second through the eighth of May, nineteen hundred and ninety- nine as DRINKING WATER WEEK in Orange County and urge all citizens to recognize the contributions and service of Orange Water and Sewer Authority Board members and staff to our community. VOTE: UNANIMOUS b. Resolution of Support - Senate Bill 708 The Board considered adopting a resolution of support for North Carolina Senate Bill 708 on affordable housing. John Link said that Myles Presler from EmPowerment asked the Board of County Commissioners at their last meeting to support North Carolina Senate Bill 708. County Staff has reviewed this bill and recommend that the County Commissioners not support the bill at this time. Housing and Community Development Director Tara Fikes explained the flexibility granted to the Orange County Housing Authority by the General Statutes already in place. Chair Gordon mentioned that the Orange County Zoning Ordinance is a tool for promoting housing affordability. A density bonus enacted in 1990 allows up to a 50% increase in density for developments that are affordable to low and moderate income households. In addition, manufactured housing and modular housing, which is an ongoing source of affordable housing, is allowable in all residentially zoned areas in the County. She said that what troubles her about using property tax revenue is that it has an impact on those citizens who are on a fixed income. Commissioner Carey said that if the County supports this and is given the flexibility, it would give us another vehicle to use, regardless whether or not we use it. Myles Presler said that he understands this is a tough issue. Right now the County Commissioners do not have the authority to use property tax revenue for affordable housing. He feels there is no compelling reason to not support this resolution. He feels that SB 708 does have the support of the County's legislative delegation. Commissioner Halkiotis said that when the County Commissioners met with their legislative delegation, they were told that there would be no extra funds this year. He made reference to the list provided in the agenda abstract of affordable housing initiatives in Orange County during the last 10 years and said that we all want to do more but his concern is that there are a lot of issues that will need funding over the next thirty years. He agrees with Commissioner Carey in that we should move ahead with getting the authority to allocate property tax revenue. Commissioner Carey said that the only thing this does is put affordable housing on an equal footing with all the other requests they receive. Commissioner Jacobs noted that the County Commissioners did ask their legislative delegation for $60,000 for urgent repair money. He agrees that there are many projects where the federal and state governments do not allow counties the flexibility to fund as counties may deem necessary. Commissioner Brown said that she supports this initiative. It seems to her that all the funds that used to be available from the federal and state governments have vanished. She feels the County cannot pay for affordable housing from the property tax because of the many other priorities like schools. She encouraged Myles Presler to lobby state and federal legislators to get the funding returned for affordable housing. Chair Gordon said that she feels that Orange County is committed to affordable housing. She does not feel that the County property tax can support this initiative which would allow the use of property tax funds for providing affordable housing and therefore will vote against this resolution. She agrees that these funds should be available through state and federal programs. A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve the resolution as stated below: RESOLUTION OF SUPPORT FOR SENATE BILL 708 Whereas, the Orange County Board of Commissioners has long recognized the need for affordable housing for its citizens; and Whereas, the Orange County Board of Commissioners promotes a collaborative, county-wide approach to addressing the affordable housing problem in the County; and Whereas, Senator Fountain Odom has introduced Senate Bill 708 during this 1999 General Assembly Session; and Whereas, this bill would allow counties having a population in excess of 500,000 to provide affordable housing for persons of low and moderate income; and Whereas, designating that population size would exclude Orange County from benefiting from the authority granted by this Bill; and Whereas, the Orange County Board of Commissioners is interested in Orange County receiving the same legislative authority as counties with populations greater than 500,000; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that Board asks the Orange County legislative delegation to request the inclusion of Orange County in Senate Bill 708 - Affordable Housing. VOTE: ayes, 4-1 (Chair Gordon) 6. SPECIAL PRESENTATIONS a. Cooperative Extension 4-H Volunteer Leaders' Presentations The Board recognized Orange County Cooperative Extension Service 4-H volunteer leaders in recognition of National Volunteer Week, April 18-24. County Extension Director Fletcher Barber said that Orange County is fortunate to have such a loyal and dedicated group of volunteers serving the County's 4- H youth population. These volunteers have helped the 4-H youth to acquire self-esteem, leadership and responsibility and to become accountable for citizenship and community service activities. He read the name of each volunteer who came forward and received a plaque, a resolution and a restaurant gift certificate. The County Commissioners congratulated each volunteer and thanked them for their service to Orange County Orange County's youth. 7. PUBLIC HEARINGS a. 1999-2009 Capital Investment Plan The Board conducted a public hearing to hear citizen comments on the County Manager's 1999-2009 Capital Investment Plan. John Link made the presentation. He summarized each section of the plan as listed below: ? Ten year Projects Total - $148.5 Million ? 1997 Bond Update - sale of first installment anticipated for winter 1999-2000 ? Major Chapel Hill-Carrboro City Schools Projects ? Major Orange County Schools Projects ? New County Projects ? Future Needs ? CIP Review and public hearing schedule Carrboro Board of Alderman Allen Spalt and Chapel Hill-Carrboro City Schools Board member Nick Didow made reference to the UNC property located in Carrboro where the Smith Middle School will be built. Didow used a map to show the western most area of this property which will be the portion of this property that the school will lease from the University of North Carolina. They plan to site in this area a softball field, a practice field and a set of tennis courts which will be used by Smith Middle School. However, the Town of Carrboro and the Chapel Hill-Carrboro Board of Education have talked about expanding this project and making the facilities available to the community. They would add a baseball field, two soccer fields and easy access for riding trails. They could do this without adding a single foot of driveway or paved area because the parking area for the school would be available for park use. They would irrigate these fields and light them for evening use. They noted that for $450,000 they could have a community park. Didow mentioned that while they have a request for land in the northern Community Park which they will eventually need, this is something they want to move ahead with at this time. This would be the largest sports complex in the community. Spalt mentioned that Carrboro has some payment-in-lieu funds they will contribute to the project. If they can get the other funds from the parks and recreation bond, they could do the grading at the same time the school is built which will save a substantial amount of money. Didow and Spalt indicated that this collaboration is a result of the support they have received from the Schools and Land Use Council. They will let the contracts for the school in early September. He asked that the County Commissioners consider this project because of its multiple uses and incredible value to the citizens of Orange County. Commissioner Halkiotis told about a meeting he attended on value engineering and he asked if they think they can achieve some savings by doing all the site work at the same time. Commissioner Jacobs said that he supports cooperative efforts. He asked and Allen Spalt responded that they have considered funding this from their millennium bond they plan to put before the voters. Commissioner Brown expressed interest in this project and asked about their next steps. Spalt said that the University has given favorable approval for this plan. Didow also mentioned that they have discussed this project with Chapel Hill officials. Sheila White and Keith Edwards, representing JOCCA, spoke about the nutrition center at Northside. White thanked the County Commissioners for the renovations that were recently completed. She listed additional renovations that need to be done. She described how this facility felt during the 1950's and said that the facility has not improved since that time. The bathrooms were built for elementary children and have not been retrofitted to accommodate adults. The heating system/air conditioning unit needs to be replaced and the outside lighting needs to be improved. She feels that all of these issues need to be addressed for the safety of the seniors who use this facility. Reverend Seymour mentioned that twenty-five children were killed or hurt today in Denver by two gunmen. He feels we need more security in our schools. He thanked the Board of County Commissioners for renewing the lease at the Galleria for their senior center and said that he is pleased to see that the County Manager is beginning to set aside money for a new southern senior center. The seniors are very much pressed for space and have had to eliminate lunch on Monday because they do not have the space to continue that program. They anticipate that the use of this facility will increase. He hopes that by 2004 there is a plan on the table for a senior center. He feels that they need to plan for the future and thanked the County Commissioners for what they have done stating that we need to do a lot more. By consensus, the Board of County Commissioners closed this public hearing . 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as listed below. a. CDBG Program - Loan Subordination The Board approved a loan subordination agreement under the Community Development Block Grant program and authorized the Manager and the County Attorney to execute the Loan subordination Agreement. b. Housing Rehabilitation Contract Award The Board awarded a housing rehabilitation contract to CFW Construction Co., Inc., in the amount of $39,480, for work at 107 Eugene Street, Carrboro. c. Budget Amendment #7 The Board approved budget ordinance amendments, a grant project ordinance and a capital project ordinance amendment which are incorporated herein by reference. d. Amendment to Workforce Development Board Agreement The Board approved and authorized the Chair to sign an amendment to the regional Workforce Development Board Consortium agreement to reflect the name change of the Job Training Partnership Act (JTPA) to the Workforce Investment Act (WIA). e. Lease Renewal - Moody Building, 103 Laurel Avenue, Carrboro The Board approved and authorized the Chair to sign the renewal of a lease for property at 103 Laurel Ave., Carrboro in the amount of $17,922 per year. f. Minutes The Board approved the minutes of its January 16 retreat and February 15 work session on goals. rg. Appointments The Board approved the following reappointments to the Orange County Arts Commission: William Neville for a term ending March 31, 2002 Jodi Riley for a term ending March 31, 2002 Sharon Mujica for a term ending March 31, 2002 9. ITEMS FOR DECISION - REGULAR AGENDA a. Appointments The Board considered appointments to the Carrboro Planning Board and the Chapel Hill Planning Board. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to reappoint James Bateman to the Carrboro Planning Board as a representative from the Transition Area for a term ending February 1, 2002 and to appoint Robert Chapin to the Chapel Hill Planning Board representing the ETJ for an unexpired term ending June 30, 2001. VOTE: UNANIMOUS b. High School Construction Task Force Recommendations The Board received a report from the High School Construction Standards Task Force on the design and construction of future high school space, and considered adopting the high school construction standards. Rod Visser summarized this report. He said that the task force used the Department of Public Instruction guidelines. Commissioner Halkiotis said that when they first started this project that the Department of Public Instruction was recommending 750 square feet for a typical non- science classroom. During the year this committee met, DPI increased this to 850 square feet plus 25 square feet for every computer station. These standards include a minimum of four computer stations for each classroom. He feels that this report is reasonable. Also, with appropriate value engineering, certain things can be gained by giving up certain architectural designs that win awards. Commissioner Carey said that he enjoyed serving on this committee and thanked the other officials and staff members who served on this committee. He feels we need to proceed and adopt these standards. Commissioner Jacobs asked if they discussed exterior features like sidewalks, bikelanes, etc. Commissioner Halkiotis said that things like sidewalks are design preferences which need to be worked out with the architect. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to receive the report and adopt the high school construction standards. VOTE: UNANIMOUS C. Blue Cross/Blue Shield Property Tax Refund The Board was to consider a property tax refund resolution. However, the taxpayer withdrew his request. d. Proposed Amendments to the Carrboro Land Use Ordinance Related to Implementation of the Facilitated Small Area Plan The Board considered proposed amendments to the Carrboro Land Use Ordinance related to the proposed facilitated small area plan. John Link said that the joint planning staffs met on April 13 to discuss the three primary and three secondary issues on the list of major issues as outlined in the agenda. The Carrboro planning staff will address the primary issues. The Orange County planning staff will address the secondary issues which have been resolved by exchange of information about existing and proposed ordinances. Carrboro's Land Use Planner Patricia McGuire summarized the process they followed in developing these amendments. Her comments made reference to the table illustrating development options on a 100-acre site using existing, proposed, and village development options. She noted that with the agenda she included a chart comparing the master plan and conditional use permit information requirements. Commissioner Brown made reference to the Office/Assembly (O/A) District and clarified that this district has no open space. She asked if this was in an area that was a greenway or a conservation area and how this would be handled. McGuire said that the Carrboro Planning Department would work with the developer to design the project so it would be acceptable. Commissioner Brown asked if there was any discussion on the Carrboro board about annexing these areas and Patricia McGuire said no. In answer to a question from Commissioner Brown, it was clarified that for the O/A Conditional Use District, the minimum is five acres and the maximum is 25 acres for total opportunities in this district. Chair Gordon said that she does not understand what the O/A Conditional Use Districts are and asked for the most recent material on these changes. Commissioner Brown asked about the difference between the present O/A zone like the one on Smith Level Road and the proposed O/A Conditional Use District. Patricia McGuire said that the major difference is that their ordinance does not limit the total number of acres that can be rezoned to O/A. There are also different architectural requirements, including one for compatibility with residential structures. Patricia McGuire clarified that 25 acres is the maximum acreage that can be classified if these ordinance amendments are adopted. Carrboro would have a maximum in the O/A Conditional Use district. Commissioner Jacobs said that it is clear that the County Commissioners still have questions about the O/A Conditional Use District part of this ordinance. He suggested that we get some clarification and answers to some of these questions in writing so that the County Commissioners can thoroughly understand the proposed amendments. Patricia McGuire made reference to the Village Mixed Use (VMU) Districts, density and location as stated on page 10 of the draft ordinance The base density is based on an existing residential zone that Carrboro has which is R-10 and requires 10,000 square feet per dwelling unit. She distributed and explained an example of a 100-acre village - gross and adjusted unit potential. Chair Gordon suggested hearing from the two speakers and referring this item to County staff to do an analysis of the information received tonight. JEF talked about the master plan rezoning and conditional use rezoning. He asked that the County Commissioners not accept these ordinances the way they are written. He feels that they need major revisions before the County Commissioners consider approving them. Regarding the Floating O/A area, he said that if the size of this area is not limited and it is permitted anywhere, that this constitutes "spot zoning" which is against the law in North Carolina. He supports a minimum size for the O/A areas. Geoffrey Gledhill clarified that all rezoning decisions in the Joint Planning Area will be made by the County Commissioners and the Town of Carrboro. Linda Roberts spoke about the ordinances that Carrboro has proposed for enforcement of their Land Use Plan for the area outside of their municipal boundaries which the County Commissioners have already approved. She spoke about the future density of the transition area. The proposed ordinances will allow up to three villages in that area with a total of 350 acres. She said if the Transition I and Transition II areas were built out at the present zoning, it would yield 2,605 homes. With only two villages built out, the total number of homes would be 5,189. She asked that the County Commissioners build into the ordinances some safeguards that the growth will be orderly with one village being allowed to be built at any one time. Chair Gordon asked that these amendments to the Carrboro Land Use Ordinance be referred to staff to be analyzed in cooperation with the Carrboro staff. She suggested creating a chart to show how these ordinance amendments compare with the actual Carrboro ordinances. Commissioner Brown said that she does understand the plan and wants to take action at the next meeting. There was a consensus of the Board that Commissioners Brown and Jacobs would work with County staff to write an analysis of those items which need further clarification. Commissioner Brown left the meeting at this point (10:30). 10. REPORTS a. Telecommunications Tower/Site Management Consultant The Board heard a report on a proposal to hire a consultant to assist the County with tower siting issues. Planning Director Craig Benedict presented this information. He said that there are consultants to assist the County with looking at our tower ordinance to (1) provide public information, (2) review ordinances, (3) create a grid system identifying potential tower coverage sites, (4) coordinate tower siting with the telecommunications industry, and (5) develop revenue sources for leasing public properties. He noted that MetroSite Management is such a firm and has been recommended by the North Carolina League of Municipalities and the North Carolina Association of County Commissioners. Commissioner Jacobs asked for additional information which will be provided by Susan Rabold Bouton, a representative of MetroSite Management. He said that he read about this company in the NCACC newsletter but feels that this may not be the appropriate time to review our ordinances. Susan Rabold Bouton said that the consultant would look at the ordinances and identify which areas are appropriate for towers and which areas are inappropriate. Commissioner Jacobs suggested that if we go with a consultant that we put a moratorium on any applications during the time we are studying this issue. Ms. Bouton said that her process starts with an education of the entire process. They first try to understand what they are working with before proceeding with a study and report. The Board received this report for information only at this time. b. Los Ninos Task Force The Board heard a report from the task force created by the Orange County partnership for Young Children to assess the needs of Latino children age 0-5. Tamara Norris, Program Manager, Orange County Partnership for Young Children made this presentation. She noted that the purpose of the Los Ninos Initiative is to ensure that children arrive at school healthy and ready to succeed, assess community capacity to meet needs of Latino families and children and to inform Smart Start. She did an overview of the needs assessment they conducted. She summarized the recommendations in three areas: * Early Childhood Care and Education * Child Health/Mental Health Care * Family Support Commissioner Jacobs thanked the Task Force for their work. He asked for additional information on a Latino resource center. They will provide this information. Commissioner Halkiotis said that he asked this Task Force to come and make this presentation to the County Commissioners because the Latino families and children population in Orange County is increasing which will have an impact on our schools and our community. Commissioner Carey commended the Task Force on their work. He said that the increase in this segment of our population is dramatic. The County Commissioners received the Los Ninos Task Force Report as information. 11. APPOINTMENTS- NONE 12. MINUTES - NONE 13. CLOSED SESSION "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property", NCGS § 143-318.11(a)(5). (10:05) Delayed to April 21. 14. ADJOURNMENT With no further items to consider, Chair Gordon adjourned the meeting. The next meeting listed on the regular meeting calendar is scheduled for April 21, 1999 at 7:30 p.m. in the Southern Human Services Center, Chapel Hill , North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk