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HomeMy WebLinkAboutMinutes - 19850820 MINUTES 000188 ORANGE COUNTY BOARD OF CCMMISSIONERS REGULAR MEETING AUGUST 20, 1985 The Orange County Board of Commissioners met in regular session on August 20, 1985, 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. CCNMISSI UW PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth Thompson, Assistant County Managers Albert Kittrell and William Laws, Clerk to the Board Beverly A. Blythe, Secretary Sylvia Clements, Planning Director Marvin Collins, Sheriff Lindy Pendergrass, Director of Economic Development Sylvia Price, Planner Susan Smith and Major Don Truelove. A. BOARD CCHMENTS 1. VOLUNTEER AWARDS Chair Willhoit announced that Governor Martin plans to continue the Volunteer Awards recognition program. It was the consensus of tle Board to nominate Morris Becker for the individual volunteer award and The Chapel Hill Civitan Club for the organizational award and forward that information to Governor Martin. 2. DOT SPRING CLEAN UP Chair Willhoit informed the Board that DOT has requested that the County participate in their annual Spring Clean up. It was decided to refer this item to the staff for recommendations. The Solid Waste Task Force indicated an interest in promoting recycling by providing a separate bag for recycling. B. AUDIENCE CO MEZUS 1. MATTERS ON THE PRINTED AGENDA Mattie O'Neal and Joyce Hewett requested to speak on the Pineview Road/Pineview Drive PPP Assessment Roll. 2. MATTERS NOT CST THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for May 28, 1985 as corrected. VOTE: UNANIMOUS. D. APPOINTMENTS INDUSTRIAL DEVELOPMENT WMt7F: BOOM TTY Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint John McKee, Maury Klein and Elaine Parker to the Authority. VOTE: UNANIMOUS. NURSING HOME CCMMITY ADVISORY C QMT TTEE Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Sally Jeanne Marshall and Zelda Moore to the Committee. VOTE: UNANIMOUS. ARTS COMMISSION Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Linda Smith Fields and Rita Berman to the Comnnission. VOTE: UNANIMOUS. 000: 89 EC[ML MERGER MyY CCNIl issim Motion was made by Chair Willhoit, seconded by Commissioner Marshall to appoint Wayne T. Kuncl to the Commission. VOTE: UNANIMOUS. CHAPEL HILL BOARD OF ADJUSMMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Donald Bergstrom to the Board of Adjustment. VOTE: UNANIMOUS. ORANGE COCA PLArtnrnvr_ BOAM Commissioner Lloyd nominated Richard Roberts Commissioner Marshall nominated Barry Jacobs Commissioner Carey nominated Ida Lou Fuller. It was decided that one of the two vacancies would be filled at this meeting. Commissioner Carey withdrew his nomination. VOM: Richard Roberts - Commissioners Lloyd and Walker. Barry Jacobs - Chair Willhoit and Commissioners Carey and Marshall. RSGION J EMS COUNCIL Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Victor H. Germino to the Council. VO►M: UNANIMOUS. NATIONAL ORGANIZATION ON DISABILITY Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Paul Leung to the organization. VME: UNANIMOUS. E. PUBLIC HEARING--ORDINANCE FOR THE QCWROL OF MASSAGE W MASSAGE ESTABLISHMENTS Ken Thompson noted that the present Ordinance, as presented, contains those provisions deemed necessary by the Sheriff and which are acceptable to Rick Rosen on behalf of the massage practitioner community. PUBLIC (OMMENr Rick Rosen. Massage Therapist and President of the North Carolina Chapter of the American Massage Therapy Association, stated that the Ordinance is a good and reasonable compromise that should give Sheriff Pendergrass the tools he needs to close down elicit activity that is going on under the guise of massage. He feels the language has been softened at every possible level and he supports the effort of the County in their endeavor to control. massage and massage establishments. Jeff Hamilton, consumer of massage, spoke in opposition of the Ordinance. He views the Ordinance as a threat to the market in Chapel Hill. He objected to the Ordinance treating practitioners like criminals by requiring fingerprints and mug shots which are an imposition and a real discomfort. He feels the Ordinance will force the part-time therapist out of business. Cameron Mintz, licensed Therapist, noted he spent a lot of time and money getting the right training. He understands the concerns of the County, but feels a distinction needs to be made between what happens in m&ssage parlors and what people do who spend many years getting professional tra ring to help other people. He suggested that educational standards be set for the massage practitioner that would separate them from the illegal activity that takes place in massage parlors. Chair Willhoit suggested Mr. Mintz encourage the state to impose professional standards for State licensing. 03,91.90 Stewart Walker, Chairperson of the North Carolina Association of Body Works and cofounder of the Community Wholistic Health Center, commended the County for their attempt to work out the problem. He feels the legislation should be changed at the State level. The primary goal is to separate the therapeutic massage from other massage being used in prostitution. He expressed appreciation for the compromises and thanked the Board for working with the massage community. Russell Ault spoke in opposition of the fingerprints and mug shots and asked that they be deleted from the Ordinance. Ellen Mitchell, Secretary to the Board of the North Caroline. Association of Body Works and a practitioner in Orange County, thanked everyone for working on the compromised Ordinance. While she does not agree with everything in the Ordinance, she feels the changes that have been made are changes she can live with. She feels the Ordinance is a very important first step in the right direction and hopes it can be rewritten within a year in a more positive vein. Robin Zill, business women, spoke in support of the ordinance but questioned how the requirement of fingerprinting and mug shots would reduce prostitution. Sheriff Pendergrass indicated that fingerprints and mug :shots clearly identify a person. They will be used to run a background check, If necessary, on the person. Marshall Hock, part-time practitioner of massage therapy and counseling in Carrboro, spoke in support of the County efforts in making a distinction between sexual services which calls itself massage and legiti.mste massage. She questioned why the County does not make that distinction comgAetely. Why have the criminal type procedures for those who are practicing massage therapy when it is understood they are practicing a profession rather than selling sexual services. She asked the Board to be complete about the distinction being made. Allen Stutts, Vice-President of the North Carolina Chapter of the American Massage Therapy Association and an employee of the Body and Soul Clinic in Chapel Hill, thanked the County for the compromised document. He found the Ordinance as a whole acceptable. He hopes that the Ordinance is changed in the future as the situation changes. Misarch Bayles, movement educator and a licensed member of -the American Messsage and Therapy Association, expressed opposition to the fingerprints and mug shots. She asked Sheriff Pendergrass who would file the complaint and if the Sherriff could require fingerprints and mug shots only from those employees who work in places from which the Sheriff had received complaints. Sheriff Pendergrass indicated that complaints could come from many sources, i.e., an officer, or a dissatisfied customer. A numoer of things could precipitate a complaint. Geoffrey Gledhill indicated the problem with setting requirements for a select group is that all people must be treated in the same way until a criminal activity has occurred. He noted that fingerprints give the Sheriff access to the FBI finger- printing system. Part of the Ordinance requires that the person not operate or be part of an illegal activity in the past. The only way the Sheriff can run a check is through fingerprinting. Commissioner Walker noted that the Ordinance states that no one can be licensed who has a previous record and expressed concern for the person who may have a record and who wants to become legitimate. 0 191 Teresa Leonarz questioned the number of massage parlors in Wake and Durham County. Sheriff Pendergrass indicated they do not have any massage parlors because of the Ordinances that each county have. Leonarz questioned if legally a distinction could be made between massage parlors and therapeutic clinics. She understands that until someone does something wrong that legally a distinction cannot be drawn betivAeen the two. She suggested that the Sheriff arrest those people who are doing something wrong and if the Sheriff does not have the proof, then leave well enough alone. She feels the Massage Ordinance is not necessary and there are other ways to control the massage parlors. She expressed a concern for the requirement in the Ordinance of no previous police record which actually prohibits a person from trying to go straight. She feels the Ordinance is harmful and will not solve problems that can be dealt with in other ways. She feels the fingerprints and mug shots are not acceptable to the massage community. Sharon Davis, Codirector of the Body and Soul Wholistic Therapeutic Clinic, expressed appreciation for the compromises made in the Ordinance and feels progress has been made in informing the people of massage as a legitimate profession in the State. She endoresed the change in the language from Massage Therapist to practitioner. R. H. Seltzer, taxpayer, expressed concern for the money the County will spend to regulate massage. He feels a lot of innocent people will be harassed while the prostitutes will find a less regulated area. Commissioner Carey questioned if the license to operate a massage business was transferable under the Ordinance and if the Ordinance contained a provision for the owner to notify the County when there is a change in ownership after they obtain the license. Geoffrey Gledhill indicated that the new owner would be required to obtain a new license. Commissioner Marshall commended the staff and Sheriff for their effort in working with the community on the Ordinance. Commissioner Marshall noted that when the state initiates educational standards, the County can then amend the Ordinance to include those standards. Chair Willhoit questioned the inclusion of registered nurses in Section B on page 3. Geoffrey Gledhill indicated the language for Section B was borrowed from the North Carolina Association of Body Works and Massage Therapy. Chair Willhoit noted the purpose of the Ordinance is to regulate those businesses that have multiple therapists that advertise by way of neon lights or other large signs and not the sole practitioner. He recommended that the Ordinance be referred to the attorney and asked that it be modified to include only those businesses that involve two or more people. Commissioner Walker stated that a Massage Ordinance is not needed for the Sheriff to get rid of people who are engaged in illegal activity. Commissioner Carey noted that the Ordinance does draw the distinction between those who are desired in the community and those who are not desired. After further discussion by the Board and various input from the public, a motion was made by Commissioner Marshall, seconded by Commissioner Carey to refer the proposed Ordinance to the staff and request them to consider the comments and suggestions in their recommendation. Specific items for the staff to consider include the following: 033,192 (1) a specific time frame for the portion dealing with previous convictions, (2) the requirement for the fingerprints and mug shots, (3) prohibiting transferability to new ownership, and (4) requirement of a license only for those businesses with two or more persons. It was decided that the specific items listed above would be reviewed jointly by the Sheriff and the County Manager. A recommendation will be forthcoming from the Manager. VOTE: UNANIMOUS. F. ITEMS FOR DBUSION 2. PINEVIEW FDAD/PINEVIEW DRIVE PPP ASSESSMENT ROLL Planner Susan Smith explained the procedure for all ]?PP projects. She stated that the spokesperson for the project was contacted and that the community was unwilling to help pay the assessment for Mrs. O'Neal because of other similar situations in the area. Joyce Hewett, daughter of Mattie O'Neal, indicated her mother signed the petition for only the paving of Sesame Road and not Pineview Road. She stressed the fact that her mother does not drive and that paying of the assessment is a hardship. When her mother was approached about paving the road, there was no mention of it costing any money. Susan Smith indicated the location of the driveway would make no difference in the assessment. After further discussion it was determined the assessment would be about the same amount if done on a per lot basis. Chair Willhoit requested the Manager look into the pa3sibility of developing a payback policy for those individuals eligible for tae Homestead Exemption to pay the assessment either over a longer period of time or when the property changes ownership. Geoffrey Gledhill pointed out that a new policy would necessitate that the entire PPP process be repeated. After further discussion about alternative ways for Mrs. O'Neal to pay the assessment, and/or to receive assistance, Chair WillhAt stated it would be unfair to do the entire procedure over because there would be an additional cost for administrative fees that would increase the cost of the project for each property owner. Commissioner Marshall asked to have the approval delayed in order to make a determination if the assessment can be paid over a ten year period because such a system would help many older people in the same situation. No action was taken. Alternative solutions for paying the assessment will be outlined and presented at the next meeting. G. FIRST YEAR REPORT FROM CHIID CARE NETWORKS (See permanent agenda file for a complete copy of the report) . Peggy Pollitzer, President of Child Care Networks, introduced Carol Huyck who gave the annual report. Child Care Networks worked with 801 families during their first year. Most were looking for child care for children under the age of one. Some were new to the area and some were low income. The number of child care homes available has increased. Child Care Networks work with those individuals who would like to start a child care home and try to serve the entire County. She reiterated the concerns raised at the beginning of the project and how those concerns have been addressed. The organization has a good relationship with DSS, meeting on a regular basis to 000193 talk about mutual interests and concerns. They are working very effectively with the day care centers and making referrals to these centers. Petite Howard, Treasurer of Child Care Networks, outlined the funding sources. A family day care coordinator is still needed. There is also an individual funding campaign. F. ITEMS FOR DECISION (CONTINUED) 1. WASTEWATER COT LEETION AMID PURCME CONTRACT(See complete contract in the permanent agenda file in the Clerk's office.) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the contract as presented by the County Manager find authorize the Chair to sign. VOTE: UNANIMOUS. (Commissioner Walker was not present for the vote) 3 WILKINS DRIVE PPP ASSESSMENT RODE-MR & MRS W 6'TON U$RE Planner Susan Smith presented a request from Mr. and Mrs. Weston LaBarre to correct the assessment for Lots 5 and 5A, Block A, Map 15A in Chapel Hill Township. She indicated that the tax map was wrong. However, Mr. LaBarre did not file a notice of appeal within the allowed ten days after the assessment roll was confirmed. Commissioner Marshall asked if the language in the notice sent out to the property owners is specific in indicating that the property owner has ten days in which to appeal the assessment amount. Smith indicated the notice does not specifically indi4 to the ten day limit for appealing the assessment. Geoffrey Gledhill indicated that the assessment role lists the property owners names, identification of property and assessed value. There is no information on how the assessment was derived. The property owner is told that the assessment role and map is available in the Clerk's office for them to review. If the Board finds an error has been made they may, by authority of G.S. 153A-198, set aside the assessment and start -the procedure required of the project over which would change the cost to each property owner. Susan Smith indicated it was not until after Mr. LaBarre had received his tax notice that he realized there had been an error regarding the number of feet for which he was being charged. This was after the ten day grace period. In reply to a suggestion that the amount be absorbed by the County, Gledhill indicated that a reassessment would be necessary for that to happen. After further discussion on the process, including the provision which gives the property owner two opportunities to check his assessment and appeal if incorrect, it was decided that the process was followed and that no action is in order. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to take no action on the request from Mr. and Mrs. Weston LaBarre. Commissioner Marshall requested that the letters to the property owners be more explicit and give additional information about the process to help them become alert to the contents. VOTE: AYES, 4; NOES, 1 (Commissioner Lloyd) . 4 REQUEST FOR AUTHORIZATION TO INITIATE L GAL PROCEIDIDIGS Susan Smith presented for consideration a request to authorize the County Attorney to initiate legal proceedings for zoning violations on property owned by Paolo and Janice Flezzani and Paliourus Enterprise, Inc. Paolo and Janice Flezzani constructed a garage without building or zoning permits. Paliourus Enterprise, Inc. constructed a utility building without 000194 building, zoning or electrical permits. All administrative procedures to address the two zoning violations have been exhausted. Staff :Ls requesting that legal proceedings be initiated to bring the uses into compliiince with the Orange County Zoning Ordinance. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the County Attorney to pursue legal action In accordance with Article 23 of the Orange County Zoning Ordinance. VOTE: UNANIMOUS. 5 SPECIAL PUBLIC HEARING ON THE EROSION C MROL ORDINANCE AME 4EM Motion was made by Commissioner Marshall, seconded by Commissioner Carey to set November 4, 1985 for a special public hearing on revisions to the Erosion Control Ordinance. The proposed amendments would be presented initially to the Board of Commissioners on September 30, 1985 for approval of the advertisement notice. VOTE: UNANIMOUS. 6 COR_RWIONS TO MINUTES RE ATED TO AMENDING THE ZONING OJ4DINANCE After some discussion, it was decided to postpone this item until the next Board meeting. 7. LEASE AMENDMENT-01D POLICE BUILDING(A copy of the lease amendment is in the permanent agenda file in the Clerk's office.) Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the proposed lease amendment and authorize the 01mir to sign. VOTE: UNANIMOUS. 8* SOIL AND WATER CONSERVATION OFFICE LEASE Motion was made by Coatmissioner Lloyd, seconded by Commissioner Carey to approve the lease agreement with Central Telephone Company for office space for one year at a cost of $2,400. VOTE: UNANIMOUS. 9. SPACE PLANNING AND ARCHITECTURAL SERVICE FOR CARR BUIIDING RENOVATION Commissioner Marshall questioned the hourly rate as provided by Gary Giles of Chapel Hill and Dail Dixon Associates of Carrboro. Bill Laws indicated that most of the renovation will take a lower level of expertise which will not necessitate paying the higher hourly rate listed. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to award Carr Building Architectural Services contract to CHR Associates at an amount not to exceed $15,460. VOTE: UNANIMOUS. R. ADJOUR14iENT Chair Willhoit adjourned the meeting at 11:10 p.m. The next meeting will be held on August 26, 1985 at 7:30 in Superior Courtroom, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk