HomeMy WebLinkAboutMinutes - 19990601 1
1 DRAFT for March 21, 2000
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 June 1, 1999
7
8 The Orange County Board of Commissioners met in regular session on June 1, 1999 at 7:30 p.m. in
9 the F. Gordon Battle Courtroom, 106 E. Margaret Lane, Hillsborough, N.C.
10 COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W.
11 Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs
12 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
13 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod
14 Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (all other staff members will be identified
15 appropriately below)
16
17 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA
18 FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR
19 5 YEARS.
20
21
22
23 1, ADDITIONS OR CHANGES TO THE AGENDA— NONE
24
25 2. CITIZEN AND AUDIENCE
26
27 a. Matters on the Printed Agenda (These matters will be considered as the Board addresses the
28 items on the agenda below.)
29 Chair Gordon indicated that these citizens will be recognized at the appropriate time.
30
31 b. Matters not on the Printed Agenda - NONE
32 — ---
33 PUBLIC CHARGE
34 Chair Gordon dispensed with the reading of the public charge.
35
36 BOARD COMMENTS
37 Commissioner Brown said that she received two calls from citizens about open burning by Piedmont
38 Electric on electric line easements along New Hope Church Road. She asked that staff call Piedmont
39 Electric to see if they are open to other suggestions besides burning. Commissioner Jacobs agreed.
40 Commissioner Carey agrees with asking them why they are burning it instead of doing something else.
41 Commissioner Jacobs said that we should urge them to pursue alternatives. John Link suggested writing a
42 letter asking Piedmont Electric to pursue other alternatives and if that does not work to write a letter to the
43 Utility Commission.
44
45 Commissioner Brown said that she received a letter from the residents of Mebane asking the County
46 Commissioners to include roosters in our Animal Control Ordinance under nuisance. She asked that a
47 recommendation be brought back. Commissioner Carey suggested that the County Manager and the
48 County Attorney bring back a recommendation.
49
2
1 Chair Gordon noted the schedule for budget meetings for the Board's information. She said that she
2 read that 10 areas have requested incorporation and that all will be approved. Geoffrey Gledhill will check
3 on this and report back to the County Commissioners.
4
5 Chair Gordon made comments about the Metropolitan Planning Organizations (MPO) and said that
6 any population-based scheme would put Orange County in a distinct minority. Everything is developing
7 very fast and it is highly unfortunate that we were not involved sooner. Right now, DOT and Senator
8 Clodfelter stand ready to hear our concerns but not to drop their initiative. The bill is in the senate now
9 and will go back to the house.
10
11
12 4. COUNTY MANAGER'S REPORT
13 John Link said that staff is preparing a packet of information in response to requests from individual
14 County Commissioners. These packets will be distributed on Thursday evening.
15
16
17 5. RESOLUTIONS/PROCLAMATIONS
18 a. Resolution Honoring Carol Woods Retirement Center
19 The Board considered a resolution recognizing Carol Woods Retirement Center for outstanding
20 corporate citizenship for voluntarily adopting a livable wage policy for its employees.
21 A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve
22 the resolution as stated below:
23
24 Resolution Honoring Carol Woods Retirement Center
25 For Good Corporate Citizenship
26
27 WHEREAS, the Orange County Board of County Commissioners in 1994 adopted a policy entitled
28 "Towards a Sustainable Community,' which established the County's commitment to sustainability; and
29
30 WHEREAS, an important component of sustainability is the ability of workers to provide a decent standard
31 of living for themselves and their families; and
32
33 WHEREAS, the Orange County Board of County Commissioners in 1998 codified this principal through the
34 adoption of a living wage provision in its Personnel Ordinance; and
35
36 WHEREAS, the Orange County Economic Development Commission, as part of its 1996 Strategic Plan for
37 Economic Development, adopted a Statement of Corporate Citizenship which encourages businesses to
38 be good corporate citizens through their employment practices; and
39
40 WHEREAS, the Carol Woods Retirement Center has taken the lead among local private employers by
41 adopting a livable wage policy which provides a minimum of$8.00 an hour to its full-time and part-time
42 employees; and
43
44 WHEREAS, the Orange County Economic Development Commission and the Orange County Board of
45 County Commissioners wish to honor and commend leadership in corporate citizenship.
46
47 NOW THEREFORE, BE IT RESOLVED, that we congratulate the Board of Directors and management of
48 Carol Woods Retirement Center for providing livable wages to all its 280 full- and part-time employees and
49 recognize the Center as an outstanding corporate citizen.
50
3
1 VOTE: UNANIMOUS
2
3 b. Resolution on Purchasing Low-emission Vehicles
4 The Board considered a resolution that the County will investigate the feasibility of purchasing
5 low emission and fuel-efficient vehicles.
6 A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve
7 the resolution as stated below:
8
9 ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
10 RESOLUTION
11
12 WHEREAS, Orange County should attempt to reduce emissions and improve the fuel economy of its
13 vehicle fleet, and
14
15 WHEREAS, there are vehicles currently on the market in North Carolina that have substantially
16 lower emissions than the average new vehicle, and there are also often significant differences in the
17 emissions and fuel economy of otherwise-comparable vehicles,
18
19 NOW, THEREFORE, LET IT BE RESOLVED that the Commission for the Environment recommends that
20 the Orange County Board of Commissioners request that the County Manager instruct all County offices
21 engaged in procurement of County vehicles to investigate and choose low emission and fuel efficient
22 vehicles in the procurement process.
23 VOTE: UNANIMOUS
24
25 c. Resolution of Support_- Senate Bill 1098 _- "Amendment to the Sedimentation Pollution
26 Control Act of 197311
27 The Board considered a resolution in support of Senate Bill 1098.
28 A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve the
29 resolution as stated below:
30
31 A RESOLUTIN SUPPORTING HOUSE BILL 1098
32 REGARDING AN AMENDMENT TO THE
33 SEDIMENTATIN POLLUTION CONTROL ACT OF 1973
34 WHEREAS, Representative Joe Hackney, introduced House Bill 1098 into the General Assembly of
35 North
36 Carolina, Session 1999 to amend the Sedimentation Act of 1973, and
37 WHEREAS, House Bill 1098 sets forth a process whereby draft erosion control plans must be approved,
38 denied or approved with conditions, by local government consistent with state and federal
39 laws, and
40 WHEREAS, House Bill 1098 adds two new subdivisions to the Sedimentation Act of 1973 to further
41 refine thelevel of land disturbing activity requiring an erosion control plan, and
42 WHEREAS, it is the best interest of the citizens of Orange County for the Board of County
43 Commissioners to support said bill.
44
45 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County to
46 approve:
47 4- Section 1 - That the Board of County Commissioners of Orange County, North Carolina
48 firmly supports House Bill 1098 to amend the Sedimentation Act of 1973.
49 4- Section 2 - That this Resolution will become effective upon passage.
50 VOTE: UNANIMOUS
4
1
2 d. Resolution of Support - Senator Lee's Senate Bill 1123 - "Blue Ribbon Commission to
3 Address Growth, Infrastructure and Development Issues"
4 The Board considered a resolution in support of Senate Bill 1123. A motion was made by
5 Commissioner Jacobs, seconded by Commissioner Carey to approve the resolution of support as stated
6 below:
7
8 RESOLUTION SUPPORTING SENATE BILL 1123
9 REGARDING THE CREATION OF
10 A BLUE RIBBON COMMISSION TO ADDRESS GROWTH,
11 INFRASTRUCTURE AND DEVELOPMENT ISSUES
12
13 WHEREAS, Senator Howard Lee introduced a bill into the General Assembly of North Carolina, Session
14 1999 known in short title as: Blue Ribbon Growth Study Commission, and
15 WHEREAS, the Commission shall study growth, infrastructure, and development issues and
16 recommend initiatives to promote comprehensive and coordinated local, regional, and State
17 planning, facility financing, and growth management to:
18
19 (1) Promote efficient infrastructure provision;
20 (2) Preserve natural and cultural resources:
21 (3) Foster economic development;
22 (4) Ensure compatible land-use patterns;
23 (5) Develop walkable communities; and
24 (6) Enhance the quality of life for the citizens of North Carolina, and
25
26 WHEREAS, it is in the best interest of the citizens of Orange County for the Board of County
27 Commissioners
28 to support Senate Bill 1123.
29
30 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County to
31 approve:
32
33 • Section 1 - That the Board of County Commissioners of Orange County North Carolina firmly
34 supports Senate Bill 1123 entitled the Blue Ribbon Growth Study Commission
35
36 • Section 2 - That this Resolution will become effective upon passage.
37 VOTE: UNANIMOUS
38
39 e. Resolution of Support_ Rep. Hackney's House Bill 3414_ "Growth Management Act of
40 1999"
41 The Board considered a resolution of support for House Bill DRH 3414.
42 A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
43 approve the resolution of support as stated below:
44 A RESOLUTION SUPPORTING HOUSE DRH 3414
45 REGARDING THE GROWTH MANAGEMENT ACT OF 1999
46
47 WHEREAS, Representative Joe Hackney, introduced a bill to be entitled the Growth Management Act of
48 1999 (99GMA) into the General Assembly of North Carolina, Session 1999, and
49
50 WHEREAS, the 99 GMA provides for
5
1 Effective growth management
2 Authorization of impact taxes
3 Acquisition of conservation lands
4 Present-use value taxation of conservation land, and
5
6 WHEREAS, the Board of Commissioners of Orange County strongly support the adoption of the bill to
7 strengthen the ability of county governments to coordinate and develop growth plans to
8 manage growth in a region in a comprehensive manner, and
9 WHEREAS, it is in the best interest of the citizens of Orange County for the Board of County
10 Commissioners to support said bill.
11
12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County to
13 approve:
14
15 Section, 1 - That the Board of County Commissioners of Orange County North Carolina
16 firmly supports House DRH 3414 entitled the Growth Management Act of 1999 (99GMA).
17
18 Section 2 - That this Resolution will become effective upon passage. VOTE: UNANIMOUS
19
20 6. SPECIAL PRESENTATIONS —NONE
21
22 7. PUBLIC HEARINGS
23
24 a. CDBG Program - Housing Rehabilitation Program
25 The Board held a public hearing to receive citizen comment on the official closeout of the
26 County's 1995 Community Development Block Grant Program and to consider authorizing execution of a
27 certificate of completion by the chair of the Board of Commissioners.
28 There were no public comments. A motion was made by Commissioner Carey, seconded by
29 Commissioner Jacobs to close the public hearing and to authorize the Chair to sign the Certificate of
30 Completion. VOTE: UNANIMOUS
31
32 8. ITEMS FOR DECISION - CONSENT AGENDA
33 A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve the
34 items on the Consent Agenda as stated below:
35
36 Appointments
37 The Board made the following appointments:
38 Advisory Board on Aging - Margaret Hudson and Edward Moore were reappointed for a term
39 ending 6/30/2002.
40
41 Board of Social Services - Rosetta Moore was reappointed for a term ending 6/30/2002.
42
43 Commission for Women -Annie Caulkins, Lorraine Hoyt, Melissa McGill, Jacqueline Philips
44 and Martha Oxenfeldt were reappointed for terms ending 6/30/2002.
45
46 Human Services Advisory Commission - Natalie Ammarell and Mel Hurston were appointed
47 for terms ending 3/31/2002.
48
49 Human Services Transportation Advisory Board - Robert Greenberg was appointed for a
50 term ending 3/3112001.
6
1
2 Information Technology Committee - Richard Rail was reappointed for a term ending
3 12/31/2001.
4
5 Nursing Home Community Advisory Committee - Jack Vogt was reappointed for a term
6 ending 6/0/2001.
7
8 NOTE: Commissioner Halkiotis arrived at this point of the agenda at 8:02 p.m.
9 Human Relations Commission - This item was removed and placed at the end of the Consent
10 Agenda.
11
12 b. Classification Plan Amendment_- Environment and Resource Conservation Director
13 The Board amended the County's classification and pay plan to add a new class of
14 Environment and Resource Conservation Director, salary grade 74 ($44,372-$53,932).
15 C. Classification Plan Amendment_ Buyer and Purchasing Agent
16 The Board amended the County's classification and pay plan by changing the existing
17 classification of purchasing technician, salary grade 63 ($23,532-$30,034), to the classification of buyer,
18 salary grade 65 ($25,945$31,536); and, changing the salary grade of the existing classification of
19 purchasing agent from salary grade 67 ($28,603-$34,768) to salary grade 69 ($31,536-$38,330).
20 d. Personnel Ordinance Addition _ Personal Leave Days
21 This item was removed for consideration at the end of the Consent Agenda.
22 e. Reappointment of Tax Assessor
23 The Board appointed John Smith Jr. as Orange County Tax Assessor for a two-year term
24 effective July 1, 1999.
25 f. Reappointment of Tax Collector
26 The Board appointed Ginger Rolfe as Orange County Tax Collector for a two-year term
27 effective July 1, 1999.
28 g_ Property Tax Refunds
29 The Board approved seven (7) tax refunds in accordance with the resolution which is
30 incorporated herein by reference.
31 h. Application for Property Tax Exemption _ UCC Living Centers 1112c.
32 The Board approved an application from UCC Living Centers Inc. for exempt status from ad
33 valorem taxes for the 1998 tax year in accordance with the resolution which is incorporated herein by
34 reference.
35 i. Franchise Renewal -Johnston Ambulance Services Inc.
36 The Board approved to renew the franchise agreement with Johnston Ambulance Service Inc.
37 for convalescent and basic life support services at a per-trip increase of$25 for the basic transport rate, 50
38 cents for mileage, $10 for oxygen and $5 for wait time.
39 j. Ambulance Transport Contract Extension with Orange EMS and Rescue Squad Inc.
40 The Board agreed to extend an existing contract with the Orange Rescue Squad to provide
41 transportation for EMS through Sept. 30, 1999.
42 k. Lease Renewal - Queue Inc., 501 W. Franklin St.
43 This item was removed for consideration at the end of the Consent Agenda.
44 1. Lease Renewal _Jim Lilley Properties Inc.
45 The Board approved and authorized the Chair to sign a one year lease with Jim Lilley
46 Properties, 501 W. Franklin St., Suite 106, Chapel Hill, for the period June 1, 1999 through May 31, 2000
47 at an annual rate of$8,820.
48 m. Audit Contract for Fiscal Year Ending June 30, 1999
49 The Board approved and authorized the Chair to sign a contract in the amount of$60,300 with
50 Deloitte and Touche LLP to provide audit services for the fiscal year ending June 30, 1999.
7
1 n. Contract Renewal -Jail Medical Services
2 The Board approved and authorized the Chair to sign a contract with Orange Family Medical
3 Center to provide jail medical services through June 30, 2000. The amount of the contract is $16,500, with
4 the County being invoiced separately for testing and x-ray service at a cost of$2,000-$3,0 * 00.
5 0. Contract Renewal - Property Management Services501 W. Franklin St.
6 This item was removed and placed at the end of the Consent Agenda.
7 p. Memorandum of Agreement for Providing Coordinated Site and Facility Planning
8 This item was removed and placed at the end of the Consent Agenda.
9 Agreement between Orange County and UNC Hospitals for Three Medicaid Caseworkers
10 The Board approved and authorized the Chair to sign an agreement with UNC Hospitals for
11 three hospital-based Medicaid intake caseworkers with 100 percent of the cost to be reimbursed by the
12 facility.
13 r. Agreement between Orange County and Piedmont Health Services Inc.
14 This item was removed and placed at the end of the Consent Agenda.
15 S. Work First Job Development and Placement Contract with Employment Security
16 Commission
17 The Board approved and authorized the Chair to sign a contract for job development and
18 placement services with the Employment Security Commission for fiscal year 1999-2000, at a cost of
19 $38,962, to be reimbursed by a federal Work First block grant.
20 t. Home and Community Care Block Grant
21 The Board approved a funding plan in the amount of$386,366 for the N.C. Department of
22 Human Resources Home and Community Care Block Grant.
23 U. New Hope Rise Subdivision _ Preliminary Plan
24 This item was removed and placed at the end of the Consent Agenda.
25 v.. Petition for Addition - Trail Drive in Cheeks Township
26 This item was removed and placed at the end of the Consent Agenda.
27 w.. Petition for Addition _ Poplar Drive in Cheeks Township
28 The Board approved a petition from the N.C. Department of Transportation for the addition of
29 Poplar Drive in Cheeks Township to the state-maintained secondary road system.
30 X. Revisions to Orange County Voluntary Farmland Preservation Program Ordinance
31 This item was removed and placed at the end of the Consent Agenda.
32 y. Chapel Hill/Orange County Visitors Bureau Revised Bylaws
33 This item was removed and placed at the end of the Consent Agenda.
34
35 ITEMS REMOVED FROM THE CONSENT AGENDA
36 a. Appointments
37 Human Relations Commission
38 A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to reappoint Leo
39 Allison, Patricia Casper and Sue Russell to terms ending 6/30/2002. The Board did not reappoint Emilie
40 Condon because she had missed 15 meetings.
41 VOTE: UNANIMOUS
42
43 d. Personnel Ordinance Addition _ Personal Leave Days
44 The Board considered an addition to the County's personnel ordinance to add two employee
45 personal leave days effective July 1, 1999.
46 Commissioner Jacobs made reference to page two and asked about the implementation. He
47 clarified that two personal leave days will be given each calendar year. He feels it would make more sense
48 to give one personal leave day for July 1 through December 31 and offer two days beginning calendar
49 year 2,000.
8
1 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to allow
2 one personal leave day for County employees for July 1, 1999 through December 31, 1999. VOTE: AYES,
3 4; NOS, 1 (Commissioner Brown)
4
5 A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve
6 the remainder of the Personnel Ordinance addition as amended by the action taken above.
7 VOTE: AYES, 4; NO, 1 (Commissioner Brown)
8
9 Because changes to the Ordinance must be approved by a unanimous vote, this item will be
10 placed on the next agenda for second reading.
11
12 k. Lease Renewal - Queue Inc., 501 W. Franklin St.
13 The Board considered renewing a lease with Queue Corp., 501 W. Franklin St., Suite 201,
14 Chapel Hill, at a rate of$5,616 for a six-month period.
15 Commissioner Jacobs asked why we are leasing this space when the County is paying more
16 than this amount for other space. Purchasing Director Pam Jones said that the 861 square feet is
17 essentially one large room. Also, when we purchased this facility we decided to keep cash paying tenants
18 to offset the debt payment. These are tiny spaces and the County would not have any County department
19 to put in that space.
20 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
21 approve the six-month lease renewal for Queue Corporation at 501 West Franklin Street Suite 201,
22 Chapel Hill and authorize the chair to sign on behalf of the Board; and approve the second six-month
23 option to renew and authorize the Manager to sign on behalf of the Board should Queue choose to
24 exercise said option.
25 VOTE: UNANIMOUS
26
27 0. Contract Renewal - Property Management Services, 501 W. Franklin St.
28 A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
29 and authorize the Chair to sign a contract in the amount of 6 percent of gross rent with ESM Associates for
30 property management services at 501 W. Franklin St., Chapel Hill through June 30, 2000.
31 VOTE: UNANIMOUS
32
33 p. Memorandum of Agreement for Providing Coordinated Site and Facility Planning
34 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt a
35 memorandum of agreement for providing coordinated site facility and planning related to co-location of
36 schools and other public facilities.
37 VOTE: UNANIMOUS
38
39 r. Agreement between Orange County and Piedmont Health Services Inc.
40 The Board considered renewing an agreement with Piedmont Health Services Inc. for a
41 full-time onsite Medicaid intake caseworker with 100 percent of the cost to be reimbursed by the facility.
42 A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve
43 and authorize the Chair to sign the Agreement with Piedmont Health Services, Inc.
44 VOTE: AYES, 4; ABSTENSION, 1 (Commissioner Carey because he is employed by Piedmont Health
45 Services, Inc.)
46
47 U. New Hope Rise Subdivision _ Preliminary Plan
48 The Board considered a preliminary plan for New Hope Rise subdivision. The property is
49 located along the south side of New Hope Church Road between 1-40 and Old NC86 in northern Chapel
50 Hill Township. The applicant is requesting Preliminary Plat approval for eight (8) residential lots on a
9
1 16.7-acre tract. The current zoning is Rural Buffer. Flexible Development is not applicable in the Rural
2 Buffer.
3 A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
4 the Preliminary Plan for New Hope Rise Subdivision per the Planning Board recommendation with the
5 conditions listed in the Resolution of Approval.
6 VOTE: UNANIMOUS
7
8 V. Petition for Addition - Trail Drive in Cheeks Township
9 The Board considered a petition from the N.C. Department of Transportation for the addition of
10 Trail Drive in Cheeks Township to the state-maintained secondary road system.
11 Commissioner Jacobs asked that for these items that the maps be larger.
12 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
13 approved the petition from the N.C. Department of Transportation for the addition of Trail Drive in Cheeks
14 Township to the state maintained road system.
15 VOTE: UNANIMOUS
16
17 X. Revisions to Orange County Voluntary Farmland Preservation Program Ordinance
18 The Board considered a proposed revision to the Orange County Voluntary Farmland
19 Preservation Program Ordinance.
20 Commissioner Brown made reference to membership and asked for a definition of active
21 farming.
22 Don Belk said that he is not sure about the definition of active farming. Traditionally, over the
23 last four years the staff has tried to make sure that these members are fulltime farmers.
24 Commissioner Brown made reference to the three nonfarming members and the words
25 "municipal members." Don Belk said that these are for people who live near the town limits.
26 Commissioner Brown suggested holding these revisions until some of the terms are defined
27 and also look at the representation to see if it needs to be changed. She asked for a definition of
28 development community.
29 A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to refer this
30 back to the Agricultural Districts Advisory Board for review and clarification.
31 VOTE: UNANIMOUS
32
33 y. Chapel Hill/Orange County/Visitors Bureau Revised Bylaws
34 The Board considered adoption of revised bylaws for the Chapel Hill/Orange County Visitors
35 Bureau.
36 Commissioner Brown made reference to page 9 and the conflict of interest statement and
37 asked why it did not say what conflict of interest usually includes which is financial. Geoffrey Gledhill will
38 make that change.
39 Chair Gordon said that the County Commissioners may want to nominate a citizen AT LARGE.
40 Commissioner Halkiotis said that this Board is one of the best functioning in the County. He sees no need
41 to add another citizen AT LARGE. It was decided that they would not add a slot for an AT LARGE
42 representative.
43 Chair Gordon made reference to page 10 section 2 - other personnel - and said that
44 traditionally advisory boards do not approve new positions. The County Commissioners would be the entity
45 to approve new positions.
46 Commissioner Carey said that he feels it is appropriate for the Visitors Bureau to approve
47 positions. After further discussion it was decided to leave this language as presented.
48
49 By consensus the Board of County Commissioners referred this item to the County Attorney for
50 further clarification. This item will be placed on the Consent Agenda for June 21.
10
1
2 9. ITEMS FOR DECISION - REGULAR AGENDA
3 a. 1999-2000 Landfill Fund Budget Approval
4 The Board considered adopting a proposed budget for the Landfill Enterprise Fund for fiscal
5 year 1999-2000.
6 John Link said that the ongoing operations can be supported by the tipping fee. He made
7 reference to the recommendations as listed on pages one and two of the abstract. John Link summarized
8 these recommendations.
9 Commissioner Carey said that he supports items one and two as stated in the agenda abstract
10 and some combination of option 3 to fund community benefits.
11 Commissioner Jacobs suggested a meeting to discuss not only the interlocal agreement but
12 also discuss the concerns of the citizens in the vicinity of the proposed new C&D site.
13 Commissioner Carey said that he does not have a problem with expanding that meeting to
14 answer questions and concerns of citizens. The bottom line is that the County needs a C&D site.
15 Commissioner Halkiotis said that as a member of the LOG they discussed at length the need
16 for a C&D site. He is opposed to keeping it on Eubanks Road. He feels it is important to educate citizens.
17 Commissioner Brown feels that information about the importance of a C&D site is very
18 important.* She feels that the Board of County Commissioners needs to be aware that confusion is out
19 there. She suggested that the County Commissioners be proactive and distribute literature which explains
20 what a C&D facility is. She would like to see the County have a program to show what is going to happen
21 on this site.
22 Commissioner Brown made reference to the community benefits and asked for a statement or
23 summary as to Paul Thames' door to door questionnaire. Paul Thames will provide this report to the
24 County Commissioners. Solid Waste Manager Gayle Wilson said that he has been working on a strategy
25 for going into communities and having meetings to educate citizens. He has a draft brochure and he is
26 already developing educational materials.
27 Commissioner Jacobs said that he feels it is important that the County Commissioners also reach
28 out to the citizens to inform them of the process. Chair Gordon asked that staff work up a strategy before
29 anyone goes out into the community.
30 Commissioner Halkiotis feels that a strategy should not be developed until the proposed site has
31 proved to
32 be suitable. t
33 John Link suggested that staff bring back to the County Commissioners a strategy on June 21 s.
34 Commissioner Carey feels the $1.00 tipping fee should be used for community benefits.
35
36 A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the
37 resolution as included in the agenda plus adding $1.00 to the tipping fee to be used for community
38 benefits. VOTE: UNANIMOUS
39
40 b. CP-1-99 Apex Northwest Partnership
41 The Board considered a request by Apex Northwest Partnership for an amendment to the Land
42 Use Element of the Comprehensive Plan for a 313-acre site north of the intersection of N.C. 86 and N.C.
43 57.
44 Planner Don Belk made this presentation. He summarized the information in the agenda. The
45 request from Apex Northwest Partnership is for an amendment to the Land Use Element of the Orange
46 County Comprehensive Plan to expand the Ten-Year Transition plan category to land currently designated
47 Agricultural Residential and Rural Industrial Activity Node.
48 Alois Callemyn, representing the applicant, said that after the public hearing, they tried to
49 address all the questions and concerns that were raised. He summarized the answers to these questions
50 and concerns. These are listed in the agenda.
11
1 A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to deny
2 approval of the proposed amendment to the Land Use Element of the Comprehensive Plan submitted by
3 Apex Northwest Partnership. Denial is based upon the following reasons pursuant to the non-adherence
4 criteria noted in Article 2.2.14 of the Zoning Ordinance:
5
6 Not consistent with all locational criteria for Ten-Year Transition
7 Constrained transportation access
8 Surrounding areas are not in transition from rural or low-density uses to urban or higher density
9 uses
10 Low population density relative to overall township population density, and
11 -:-Located next to a National Register-eligible, working farmstead and the cemetery near the
12 property has
13 -:-potential historic significance
14 VOTE: AYES, 4; NOS, 1 (Commissioner Carey)
15
16 C. Lawrence Park Zoning Atlas Amendment and Special Use Permit for a Planned
17 Development, Application PD-2-98
18 The Board considered a request by East West Partners for a zoning atlas amendment and a
19 Class A Special Use Permit for the proposed 83-acre Lawrence Park subdivision.
20 Planner Karen Lincoln made this presentation. She summarized the information in the agenda.
21 The applicant Mr. Roger Perry said that he feels that this property does comply with the three
22 criteria as set forth in the requirements for a Special Use Permit.
23 A motion was made by Commissioner Carey to move the resolutions on pages 13 and 15 of
24 the agenda which approves a Zoning Atlas amendment and a Class A special use permit for a planned
25 development for an 83.216 acre parcel. MOTION DIED FOR LACK OF A SECOND
26
27 A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to move the
28 resolutions on pages 9 and 11 which are stated below:
29
30 Resolution on page 9
31 The Board of County Commissioners hereby denies approval of an application submitted by
32 Meadowmont Farms, LLC, to amend the Orange County Zoning Atlas by rezoning an 83.216 acre parcel,
33 identified in the Orange County Land Records Office by Parcel Identification Number 9883-19-4355, from
34 a Rural Residential (R-1) district to a Planned Development Housing, Low and Medium Intensity,
35 (PD-H-R3) district. The PD-H-R3 district does not facilitate protection of the character of surrounding
36 neighborhoods as required by Article 7, section 7.1, of the Orange County Zoning Ordinance. The
37 PD-H-R3 district would result in a use that would not be compatible with neighboring land uses because of
38 the higher density of the proposed planned development compared to most of the surrounding area.
39
40 Resolution on page 11
41 The Board of County Commissioners hereby denies approval of an application for Lawrence Park
42 Planned Development Class A Special Use Permit and preliminary plat dated September 28, 1998, and
43 last revised November 13, 1998, containing 237 residential lots. The Board of County Commissioners has
44 denied the associated application for a Zoning Atlas amendment to rezone 83.216 acres in Eno Township
45 from the Rural Residential (R-1) to the Planned Development Housing PD-H-R3 district. The class A
46 Special Use Permit cannot be considered for R3 intensity in the existing Rural Residential (R-1) district.
47
48 VOTE: AYES, 4; NOS, 1 (Commissioner Carey)
49
50 d. Lawrence Park Z-3-98 Rezoning
12
1 The Board considered an application by East West Partners to rezone 3.275 acres in the
2 proposed Lawrence Park subdivision from Rural Residential (R-1) to Residential-2 (R-2).
3 Planner Karen Lincoln made this presentation. This application was submitted in conjunction
4 with item "c" above for a planned development for 237 residential lots on 83 acres adjacent to the subject
5 property.
6 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to deny
7 the Zoning Atlas Amendment to rezone 3.275 acres from R-1 to R-2 in accordance with the following
8 resolution to deny:
9
10 Resolution to Deny on page 3 of the Agenda Abstract
11 The Board of County Commissioners hereby denies approval of an application submitted by
12 Meadowmont Farms, LLC, to amend the Orange County Zoning Atlas by rezoning an 3.275 acre parcel,
13 identified in the Orange County Land Records Office as Parcel Identification Number 9884-10-5195 and
14 part of Parcel Identification Number 9883-19-4355, from the Rural Residential (R-1) district to the Low
15 Intensity Residential (R-2) district. There is no indication that the Town of Hillsborough expects to annex
16 the subject property. Public sewer lines do not currently exist at the site and the 20,000 square foot lot
17 sizes allowed in the R-2 district are not of sufficient size to accommodate septic systems with repair areas
18 needed for residential uses in the R-2 district. VOTE: UNANIMOUS
19
20 e. Lawrence Park Subdivision Preliminary Plan
21 The Board considered a preliminary plan for the proposed Lawrence Park subdivision. Planner
22 Karen Lincoln made this presentation. The request is for a subdivision containing seven (7) single family
23 residential lots from 3.275 acres - approximate lot size of 20,000 square feet. The property is located in
24 Eno Township on the south side of US Highway 70A.
25 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve
26 the resolution as stated below which denies the Preliminary Plan for Lawrence Park Subdivision:
27
28 Resolution to Deny on page 3 of the Agenda Abstract
29 The Board of County Commissioners hereby denies approval of Lawrence Park subdivision for seven
30 (7) residential lots as shown on the preliminary plat, dated September 28, 1998, and last revised
31 November 13, 1998. The property which is to be subdivided is zoned Rural Residential (R-1). The 20,000
32 square foot lots in Lawrence Park subdivision do not meet minimum lot size requirements (40,000 square
33 feet) of the Rural Residential district.
34 VOTE: UNANIMOUS
35
36 f. County Commissioners Compensation Policy
37 The Board considered a policy providing for the compensation of County Commissioners to be
38 adjusted each year by the same percentage authorized for permanent employees.
39 A motion was made by Commissioner Carey, seconded by Commissioner Brown to approve a
40 policy providing for the compensation of County Commissioners to be adjusted as of December 1 each
41 year by the percentage amount equivalent to the In-Range Increase amount the Board authorizes for
42 permanent employees in that fiscal year.
43 VOTE: AYES, 4; NOS, 1 (Commissioner Jacobs)
44
45 g_ Request for Increased Fees _ Dick Wilkerson
46 The Board considered a request by Dick Wilkerson for an increase of$4,100 for the design of a
47 pocket
48 park at the Skills Development Center, 503 W. Franklin St., Chapel Hill.
49 Commissioner Halkiotis said that he has some questions and does not feel comfortable voting
50 on this at this time.
13
1 Commissioner Jacobs said that he has some questions on spending $77,000 on this pocket
2 park and would like to look at it again before spending any further funds on this project. While he is
3 supportive of the project, he would like to hold this item for additional information.
4 There was a consensus of the Board to bring this item back with additional information which
5 will include a breakdown of specific costs.
6
7 h. Request for Increase in Fees - Dixon/Weinstein Architects
8 The Board considered a request by Dixon/Weinstein Architects for an increase of$10,455 for
9 design fees associated with the Skill ' s Development Center project.
10 A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to amend the
11 original design contract with Dixon-Weinstein Architects by approving increased fees in the amount of
12 $10,455 and to authorize the Purchasing Director to create the appropriate paperwork to ensure payment.
13 VOTE: AYES, 2; NOS, 3 (Commissioners Brown, Gordon and Halkiotis)
14
15 10. REPORTS - NONE
16
17 11. APPOINTMENTS
18 The Board was to consider appointments to the Alcoholic Beverage Control Board; Chapel Hill
19 Planning
20 Board; Economic Development Commission; Hillsborough Board of Adjustment; Orange County
21 Hillsborough Eno Park Workgroup; orange County Planning Board; and, Orange Water and Sewer
22 Authority, however, this item was postponed.
23
24 12. MINUTES - NONE
25
26 13. CLOSED SESSION
27 "Pursuant to G.S. 143-318.11 (a)(1) in order to prevent the disclosure of information that is made
28 privileged or confidential by G.S. 143-318.10(e).
29 "Pursuant to G.S. §143-318.11 (a)(6) to consider the qualifications, competence, performance,
30 character, fitness, conditions of appointment or conditions of initial employment of an individual public
31 officer or employee or prospective public officer or employee."
32 "Pursuant to G.S. §143-318.11 (a)(5) to establish the position to be taken by the public body in
33 negotiating (ii) the amount of compensation and other material terms of an employment contract or
34 proposed employment contract."
35 "Pursuant to G.S. §143-318.11 (a)(4) to discuss matters related to the location or expansion of
36 industries or other businesses in the area served by the public body, including agreement on a tentative
37 list of economic development incentives that may be offered by the public body in negotiations." (10: 15)
38
39 A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to go into closed
40 session "Pursuant to G.S. 143-318.11 (a)(1) in order to prevent the disclosure of information that is made
41 privileged or confidential by G.S. 143-318.10(e), "Pursuant to G.S. §143-318.11 (a)(6) to consider the
42 qualifications, competence, performance, character, fitness, conditions of appointment or conditions of
43 initial employment of an individual public officer or employee or prospective public officer or employee",
44 "Pursuant to G.S. §143-318.11 (a)(5) to establish the position to be taken by the public body in negotiating
45 (ii) the amount of compensation and other material terms of an employment contract or proposed
46 employment contract" and "Pursuant to G.S. §143-318.11 (a)(4) to discuss matters related to the location
47 or expansion of industries or other businesses in the area served by the public body, including agreement
48 on a tentative list of economic development incentives that may be offered by the public body in
49 negotiations." (10:15)
50
14
1 VOTE: UNANIMOUS
2
3 13. ADJOURNMENT
4 With no further items for the County Commissioners to consider, a motion was made by
5 Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The next regular
6 meeting is scheduled for June 3, 1999 at 7:30 p.m. in the boardroom at the Southern Human Services
7 Center in Chapel Hill, North Carolina.
8 Alice M. Gordon, Chair
9
10 Beverly A. Blythe, Clerk