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HomeMy WebLinkAboutMinutes - 19970218 1 APPROVED MARCH 18, 1997 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 18, 1997 The Orange County Board of Commissioners met in regular session on Tuesday, February 18, 1997 at 7:30 p.m. in the OWASA Meeting Room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDING TAPES OF THE MEETING WILL BE KEPT FOR FIVE U YE_ ARS. 1. ADDITIONS OR CHANGES TO THE AGENDA - NONE 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Commissioner Crowther announced that citizens who have indicated a desire to speak will be recognized at the appropriate time. b. Matters no on hie Printed A end Jef begged the County Commissioners to take the Calavander area back into their planning jurisdiction. He has been working with the committee who will be deciding the fate of the Calvander community. He was surprised when in December, the Town of Carrboro requested that the Department of Transportation begin altering the roads in the Joint Land Use Area. They did this without notifying any of the affected landowners in this area. The citizens learned about this request when the surveyors began surveying in Calavander to widen the road. It has also come to light, that a member of the Carrboro planning staff has been discussing with one developer as to how to advantageously plan a development beyond the Joint Land Use Planning area and annex that area into the Town of Carrboro. They have gone so far as to work with a developer on strategies on how to do that. He thought that one of the purposes of the Joint Land Use Plan was to foster sensible and orderly growth in Orange County. He cannot understand why nothing has been said about any of this at the meetings he has been attending. Since the County Commissioners are his elected representatives, he is asking that they take the Calavander area back into the County. PUBLIC CHARGE Chair Crowther dispensed with the reading of the Public Charge. 3. BOARD COMMENTS Commissioner Halkiotis expressed a concern with the paving material that the Department of Transportation is using to pave and repair the roads. The roads are falling apart and he questions the effectiveness of the paving process. DOT is fixing potholes, but there seem to be more and more potholes, making it difficult for DOT to keep up with what needs to be done. John Link will provide a response to this concern. 2 Commissioner Halkiotis made reference to a flyer from the Human Relations Commission. The flyer indicates that the program is "Civil Rights for Gays and Lesbians" and is scheduled for Thursday, February 27 at the Chapel Hill Public Library Meeting Room. The topic is "A Heart to Heart: the Unseen Racism in our City and County Public Schools". He noted that he would certainly hope that if there is unseen racism that this has been communicated to the two School Boards. John Link will look into this issue and report back to the Board. 4. COUNTY MANAGER'S REPORT John Link reported that at the next meeting the Board will receive for their consideration the legislative issues for submission to the General Assembly for local legislation. After a brief discussion, it was decided that these issues would be forwarded to the Board for their feedback before the agenda is sent out and that a public hearing will be held at their next regular meeting, March 5, 1997. John Link will get copies of the local legislation being sought by the three municipalities and distribute to the Board. These legislative initiatives will also be discussed at the Assembly of Governments meeting scheduled for March or April. 5. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR THE NUTTER FAMILY OF MAPLEVIEW FARM Commissioner Carey presented this proclamation to Robert P. and Aubrey C. Nutter for the work they continue to do with preserving farmland. He commended them for being an exemplary farm family and an excellent role model for preserving farmland. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the proclamation as stated below: PROCLAMATION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO THE FAMILY OF ROBERT P. AND AUBREY C. NUTTER AND MAPLEVIEW FARM FOR LEADERSHIP IN FARMLAND PRESERVATION The Board of Commissioners hereby commends Robert P. and Aubrey C. Nutter and Family of Mapleview Farm for your leadership in farmland preservation in Orange County. You have exhibited foresight and generosity in the establishment of a conservation plan for Mapleview Farm and its designation as a Voluntary Agricultural District. By recognizing the unique agricultural and scenic attributes of your beloved Mapleview Farm, your family took the action necessary to ensure its preservation, both as a working farm and a beautiful scenic vista that is treasured by all residents of Orange County. You were keen to recognize that significant and tangible opportunities exist to help farmers keep their land in family hands and ensure that future generations may reap the rewards of the farming life and its attendant benefits to the community. Thanks to your magnanimous deeds, Mapleview Farm will serve as an example for other owners of land possessing valuable environmental and cultural resources. In your wisdom and prudence in protecting 3 Mapleview Farm, you have established a model of land stewardship in which Orange County citizens can be justifiably proud. VOTE: UNANIMOUS B. RESOLUTION -SOUTHERN VILLAGE ELEMENTARY SCHOOL SITE Commissioner Gordon expressed a concern with the fact that the total number of acres for this school site is not up to State standards. Commissioner Carey clarified that the State standard is not a requirement. However, they may need to request an exemption from the State standard which is sixteen (16) acres for a 600 student school. Commissioner Gordon asked that the County obtain information on the whole area surrounding the school so they can see the big picture. She asked about the process for getting additional acreage for the school and the next steps and suggested talking with the Chapel Hill-Carrboro school administration and School Board. John Link will write a letter expressing the concerns stated above and request that the School Administration come to the first meeting in March to discuss these concerns. He will also ask for a clarification on the expansion of the gym and if they are requesting additional funds. Commissioner Carey questioned if the school has the authority to restrict the use of the facility if it is built for community use. This is an issue that needs to be resolved. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below: VOTE: UNANIMOUS A motion was made by Commissioner Gordon, Seconded by Commissioner Halkiotis to send to the Chapel Hill/Carrboro Schools a letter outlining the concerns expressed here tonight. VOTE: UNANIMOUS ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION IN SUPPORT OF ENHANCEMENTS TO ROAD ACCESS TO THE SOUTHERN VILLAGE DEVELOPMENT PROJECT WHEREAS, during the February 3 meeting of the County Commissioners, the Board reviewed one site plan and proposed traffic pattern for the Southern Village Elementary School, based on information provided by Chapel Hill-Carrboro Schools officials and project architects; and WHEREAS, as a result of this discussion, the Board of County Commissioners indicated a desire to express its concerns about road access by means of a resolution to be introduced for the record at the February 17 public hearing held by the Chapel Hill Town Council on the Southern Village Project. NOW, THEREFORE BE IT RESOLVED THAT the County Commissioners hereby indicate their concerns about having adequate access to the Southern Village Elementary School site, and their support for the following three concepts: 1. Connections between the school site and the Town's Southern Community Park site, and between the school site and the Town's Park& Ride lot, at least by pedestrian access. 2. A connection between the school site and the southern park site that would allow for a second road access to the school from the south. 3. A connection between the Park & Ride lot and the southern park site. C. BOARD-OF EQUALIZATION AND REVIEW Tax Assessor John Smith made this presentation. This resolution gives the County Commissioners the option of serving as the Board of E & R or appointing a special board of E & R. 4 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the resolution as stated below to appoint a special board of equalization and review for the purpose of hearing 1997 revaluation appeals, and to approve the level of compensation for members of the E & R board. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW WHEREAS, 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 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; IT IS THEREFORE RESOLVED: 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 5 alternate members, each to serve for a term beginning on the date of appointment and ending after all appeals filed on or prior to June 30, 1997 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, 5 d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical 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 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS - NONE 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 stated below: A. APPOINTMENTS This item was removed and considered at the end of the Consent Agenda. B MINUTES The County Commissioners approved the minutes as presented for January 7, 16, 21, 1997. C BUDGET AMENDMENT##6 This item was removed and considered at the end of the Consent Agenda. D. PROPERTY TAX REFUNDS The Board approved nine (9) property tax refunds as listed in the agenda abstract. E. EL IE K. WADE PRELIMINARY PLAN This item was removed and considered at the end of the Consent Agenda. F. COST ALLOCATION PLAN The Board approved and authorized the Chair to sign a contract with David M. Griffith & Associates for the preparation of the County's Indirect Cost Allocation Plan at a cost of$8,500. G. AUTHORIZATION TO EXTEND PROPERTY TAX LISTING PERIOD This item was removed and considered at the end of the Consent Agenda. H. TEMPORARY PROJECT COORDINATOR-ORANGE COUNTY HEALTHY CAROLINIANS TASK FORCE_ The Board approved a half-time temporary program coordinator position in the Health Department provided the Kellogg grant is used to fund the Health Department's share and UNC Hospitals and the School of Public Health agree to fund $3,000 each toward the project cost. I. RESOLUTION OF SUPPORT- INSTITUTE OF GOVERNMENT 6 The Board approved a resolution in support of the IOG that encourages the 1997 North Carolina General Assembly to appropriate $16.1 million to fund urgently needed capital renovation and expansion as stated below: INSERT J. AMENDED RESOLUTION ENDORSING A_STATEWIDE PHARMACEUTICAL ASSISTANCE PROGRAM FOR LOW INCOME ELDERLY AND PERSONS WITH DISABILITIES The County Commissioners approved an amended resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS AMENDED RESOLUTION ENDORSING A STATEWIDE PHARMACEUTICAL ASSISTANCE PROGRAM FOR LOW INCOME ELDERLY AND PERSONS WITH DISABILITIES WHEREAS, low income older adults comprise approximately one-fourth of the North Carolina elderly population; and WHEREAS, there is nearly 300,000 North Carolinians, many elderly, as well as persons with disabilities, designated as"poor" and receive no assistance with the purchase of prescription medications; WHEREAS, nationally,North Carolina has the ninth highest poverty rate for people age 65 and older; and WHEREAS, Medicare, available to all citizens over 65 and persons with disabilities,provides no assistance for the purchase of retail medications; and WHEREAS, older adults represent 12%of the U.S. population,but consume 34% of all prescription drugs; and by the year 2000, older adults are estimated to consume close to 50% of all prescribed drugs; and WHEREAS, a high percentage of elderly hospital admissions are due to medication misuse; and WHEREAS, in recent years,prescription drug prices have risen at a rate three to five times that of inflation, making it difficult for low-income elderly to follow the doctor's orders; and WHEREAS, low income older adults and persons with disabilities who do not qualify for Medicaid can not get assistance with the purchase of prescription drugs in North Carolina like ten other states. NOW, THEREFORE,BE IT RESOLVED that the Orange County Board of Commissioners does hereby endorse the need for a statewide pharmaceutical assistance program for senior adults age 60+,and persons with disabilities,who fall within a defined income/expense range and who do not qualify for Medicaid; and FURTHER, BE IT RESOLVED that the Orange County Board of Commissioners advise the Governor and state legislators of the need to establish a Statewide Pharmaceutical Assistance Program. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA A. APPOINTMENTS A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to approve the appointments as listed below: Workplace Development Board - Rose Bolick for an unexpired term ending 6/30/98 CH/OC Visitor's Bureau - Remus Smith representing the Town of Hillsborough for a term ending 12/31/98 Shaping O/C Future James Foust as a County appointee Cable TV Advisory Committee - E. L. Clark for an unexpired term ending 12/31/98 C. BUDGET AMENDMENT#6 One correction was made to the budget amendment for the Southern Village Elementary School changing the language in Section 4 from Elementary School #8 to Southern Village Elementary School. 7 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the budget ordinance amendments and capital project ordinances as listed in the agenda abstract with the one correction. VOTE: UNANIMOUS Commissioner Brown asked for a total of how much money has been spent on facilitators over the last two years, This will be provided by the County Manager. E. ELSIE K. WADE PRELIMINARY PLAN A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the Preliminary Plan for Elsie K. Wade as recommended by the Planning Board, per the resolution presented in the agenda. VOTE: UNANIMOUS G. AUTHORIZATION TO EXTEND PROPERTY TAX LISTING PERIOD A motion was made by Commissioner Gordon, seconded by Commissioner Brown to delegate the authority to grant property tax listing extensions to the Tax Assessor for calendar year 1997. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA A. IMPACT FEE REIMBURSEMENT POLICY John Link presented for the Board's consideration of approval a revised Impact Fee Reimbursement Policy for Housing Development Agencies. On November 1, 1995, the BOCC approved a policy for impact fee reimbursement to local non-profit organizations meeting the established criteria. In order to address rental housing developments within the reimbursement policy, language is proposed which would enable the BOCC to consider reimbursement request from non-profit organizations developing rental property on a case by case basis. In answer to a question from Commissioner Brown, the Director of Housing and Community Development Tara Fikes said that most home ownership programs are for 20 years. They would have to remain affordable for that length of time. Commissioner Gordon indicated she would like to see these units remain affordable for at least 30 years and asked that this be considered as a requirement for impact fee reimbursements. She understands that since Habitat for Humanity receives no federal funds, this requirement would not apply to them. Tara Fikes suggested that if the units do not remain affordable, the County could ask for some repayment to be required. Commissioner Carey said that Habitat maintains a portion of the profit when the unit is sold and he would support a similar requirement for the impact fee reimbursement. However, he does not want something that would cost a lot to monitor or administer. John Link said that he will have this policy reworked to provide assurance to the Commissioners about the length of time these units will remain affordable. Commissioner Brown asked for the written guidelines from HUD which states what HUD money can be used for. She understands that HUD money cannot be used to pay impact fees. Commissioner Gordon asked for the amount that is expected to be budgeted for impact fee reimbursements for the coming year. No action was taken on this item. It will be brought back for further consideration. B. HISTORICAL COURTHOUSE BELL REPLACEMENT Dr. Robert Ireland asked that the Board consider endorsing plans by the Hillsborough Historical Society to replace the bell in the tower of the Historic Courthouse in Hillsborough. He said the old bell will either be used in the museum or on the grounds of the Old Courthouse or inside the building. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to endorse the Society's plans to replace the bell, subject to appropriate review by County staff. 8 VOTE: UNANIMOUS C. JOINT PLANNING - FACILITATED MEETING AGREEMENT John Link presented for the Board's consideration a proposal by the Town of Carrboro to share the cost of facilitated meetings for developing a land use plan for Carrboro's transition area. Such a land use plan would ultimately require approval of Carrboro, Chapel Hill and Orange County. Commissioner Brown noted that it may be advantageous for the County to hire a full-time facilitator because of the amount of money the County has spent on facilitators over the last two years. She feels that this may be a service that needs to be part of the bid process. Commissioner Halkiotis agrees that it may be more cost effective to hire a County facilitator. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the County share of the cost, $8,600, to come from the Commissioners' contingency fund. VOTE: UNANIMOUS D. ERNIE MCBROOM'S REQUEST The Board received information of a recent request by the owner of the Boone mobile home park to obtain sewer service from the Efland sewer system by means of tapping onto one of the system's force mains (the Hancor force main). Paul Thames summarized the information in the agenda. Mr. Ernie McBroom said that he has 9 vacant spaces because of failing septic systems. The 11 remaining families also have failing systems. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to receive this report as information, direct staff to fully evaluate Mr. McBroom's requests including the impacts to Hancor, and to bring an updated report back to the Board as an item for decision at its March 5, 1997 meeting. VOTE: UNANIMOUS 10. REPORTS A. STRATEGIC AUTOMATION PLAN DEVELOPMENT Information Systems Director Dick Taylor made this preliminary report on the Strategic Automation Plan 2001 (SAP2001). He said that an assessment of where the County is has been completed. He said that the most critical area that needs to be addressed is reliability. In answer to a question from Commissioner Gordon about E-mail, Dick Taylor said that there is a need to have some outside expertise to evaluate the system and make recommendations. The Board received this report as information. B. TS ATUS REPORT-ASSEMBLY OF GOVERNMENTS - RECREATION AND PARK ISSUES IN ORANGE COUNTY John Link presented a status report on the Assembly of Governments Report entitles! "Recreation and Parks Issues in Orange County, North Carolina dated January, 1996. At the February 29, 1996 meeting of the Assembly of Governments, the report was submitted by the Work Group. Staff was requested to bring back a draft plan of action to address the recommendations in the report. He believes that they can pursue some capital planning for park and recreation facilities which are shared by the schools and the community. The final report will be out sometime in May, 1997. The report was received as information. C. ORANGE COUNTY'S NON-TRANSPORTATION IMPROVEMENT PROGRAM TU1 The Board received a report on the status of Orange County's Non-TIP requests and was asked to consider additions to the list. 9 D. EROSION CONTROL ORDINANCE AND THE COUNTY'S ENFORCEMENT Warren Faircloth, Erosion Control Officer, made a presentation on enforcement of the County's and Chapel Hill 's Erosion Control Ordinances. A brief slide presentation was made on sediment and erosion control and the County's program. Discussion ensued on Southern Village and the problems they continue to have. H. Coleman Day asked that the County Commissioners provide enforcement with some teeth behind the ordinance. The Board received this report as information. E. REPORT ON AFFORDABLE HOUSING Tara Fikes, Director of Housing and Community Development, gave an update on affordable housing data, initiatives, accomplishments and future plans in the County. Commissioner Brown said she would like additional information on certain areas of the report. The report will be revised and presented at an upcoming meeting. 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION - Personnel Matter. Authority G.S. Section 143-318.11(a)(6) This item was postponed to February 24, 1997 at a meeting which begins at 7:30 p.m. in Superior Courtroom in the new County Courthouse in Hillsborough, North Carolina. 14. ADJOURNMENT With no further items to consider, Chair Crowther adjourned the meeting. The next regular meeting on the schedule is set for Monday, February 24, 1997 at 7:30 p.m. in Superior Courtroom in Hillsborough, North Carolina. William L. Crowther, Chair Beverly A. Blythe, Clerk