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HomeMy WebLinkAboutMinutes - 19780321,. ~ . as ~ - ' MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS MARCH 21, 1978 The Orange County Board of Commissioners met in regular session on Tuesday, March 21, 1978, at 7:30 p.m., in the Commissioners' Room of the Courthouse in Hillsborough. Members present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Donald Willhoit. Others present were S. M. Gattis, County Manager, Neal Evans, Finance Director, Geoffrey Gledhill, County Attorney, Joe Bradshaw, Administrative Assistant, and Agatha Johnson, Clerk. - The Chairman referred to Item 1 on the Agenda: Does any member of the Board desire to add additional items to the agenda. Chairman Whitted informed the Board that Robert Riley would like to be heard concerning a road matter. The County Manager zequested the Board consider a report from Joe Bradshaw regarding a possible Transportation Grant and the filing of a Community Development Application. Item 2: Minutes of the March 6, 1978 Board meeting are submitted for consideration. Certain corrections were pointed out to the March 6, 197$ minutes and upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the March 6, 1978 minutes. Item 3: The Board will consider the secondary ro~.ds plans for the 1978-1979 fiscal year submitted by the Department of Transportation on March 6, 1978. The Chairman asked that Mr. Stewart Barbour, who had requested to be placed on this agenda, address the Board with his concern. Mr. Barbour stated that he had asked Department of Transportation officials for a survey drawing which would show land which T'[r. Barbour would be asked to dedicate as a right of way for the paving of Lawrence Road. Mr. Barbour contended that the survey and other documents per- taining to the right of way area did contain an error. He stated he would not sign a right of way until a corrected survey was conducted. He asked Mr. John Watkins, Division Engineer with the Department of Trans- portation, if Lawrence Road would be paved this year. Mr. Watkins stated Lawrence Road had not been taken down and the road would be paved if right of way problems are resolved. He stated it was not a practice of the DOT to furnish property owner's agreements to another property owner, which is the document to which Mr. Barbour had referred. Mr. Watkins stated the document becomes public record after it is recorded. Mr. Barbour asked the respresentatives if the Department of Trans- portation would provide him with a map showint the number of feet he would be requested to dedicate as a right of way, if he paid the survey's expense for surveying the line in question. Messrs. Watkins and Jones stated they would agree to this arrange- ment. Mr. Barbour, members of the Board, and the representatives from the Department of Transportation reviewed a drawing of the Lawrence Road, St, I"T-arY's Raod intersection which is the area in question. Chairman Whitted referred to a priority list of roads which needed improvement and which had been referred to the Board by the Transporta- tion Supervisory for the County School System. Mr. Watkins reviewed the list, stating that most of the xoads listed had already been corrected by grading and adding gravel. Road number 1336 is on the proposed spot improvement priority list for the 1978-79 program. Road r_umber 1137 is on the alternate list for paving and is priorit ~ ~' number 10. Road numbers 1520 and 1340 have been added to the spot y improvement list. Larger pipes will be installed an these two-roads to correct areas of the roads which coes under water periodically, Mr. Watkins filed with the Board a revised 1978-79 Secondary Road Improvement Program. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the ].978-79 Secondary Road Improvement Program for Orange County. ' - Chairman Whitted recognized Mr, Robert Riley of SR #1320. Mr, Riley presented a map of this road and requested the Board of Commissioners ask the Department of Transportation to consider paving a portion of this read which is located on an easement dedicated to Southern Railroad, but owned by the State, Mr, Watkins stated this would be a legal matter which would have to be researched to find opt whether or not the State is responsible for pav- ing property which is leased to railroads. He referred to House Bi11 575 and asked the County Attorney to make a determination as to whether the property is subject to assessment and whether the property can be counted as part of the 75 percent owner participation necessary. Mr, Watkins stated he would be in touch with the County regarding State Road 1320. The County Attorney was requested to research House Bill 575 and other Statutes and then inform Mr. Riley and the Board of his findings. Ttem 4: A Resolution of Appreciation for the service of Cashe 5. Boggs. The Board reviewed the resolution prepared by the Clerk and upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, the resolution of appreciation was adopted. For copy of Resolution of Appreciation, see page 541 of this book. Item 5: Mr. Louis Freeland, Jr., President of the Orange County Fix'e- men's Association, will present a proposal for county financing of three ` fire hydrants. The Chairman recognized Mr, Freeland who stated the Fireman's Addoci- ation was requesting County financial support to defray the cost of install- , ing three fire hydrants along the Hillsborough-Chapel Hi11 emergency water line on Old Highway 86. The locations of the fire hydrant are: 1) Near the power line crossing oh the north side of the divide; 2) New Hope Road intersection, and 3) at the Eubanks Road intersection. He stated the installation of the hydrants will improve the fire fighting capabilities of the Hillsborough, Orange Grove, Carrboro and the New Hope Fire Departments, as well as serve other departments when needed. Mr. Freeland added that the Association recommends that bids be issued to sat- isfy the governmental process and also to conserve funds. He stated the monthly maintenance fee would be divided among the fire departments in ehich the hydrants are located. Discussion ensued between Mr. Freeland and members of the Board of methods by which to finance the installation of the fire hydrants. The Finance Director informed the Board that in most of the fire districts affected by the proposed hydrants, excess funds are available to be appropriated, The consensus of the Board was that the Finance Director and Mr, Freeland meet and decide what funds are available for financing of the __. hydrants. A written request to the Finance Director or County Commis- sioners will be necessary in order to distribute these funds. While the financial arrangements are being worked out, the County Manager was authorized to negotiate with OWASA for specifications to go out for bids on the fire hydrants. Item 7: Appointments " A, Two vacancies exist on the Commission for Women as Ms. Helen Urguhard and Ms. Julie Knight have resigned. This is for information only and will appear on the April 3rd agenda with recommendations. `T r_ `~B.~ One vacancy exists on the Chapel Hill Board of Adjustment. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustaveson, it was moved and adopted to appoint James Bullard to this vacancy on the Chapel Hill Board of Adjustment. C. Commissioner Gustaveson recommends Bill Lessig be named as an at large appointee to the Orange County EM5 Council. Commissioner Gustaveson informed the Board that Lacy Tinnen's appointment has expired as a County appointee. Commissioner Willhoit moved that Bill Lessig be appointed to the vacancy on the Orange County EMS Council. Commissioner Gustaveson seconded the motion. Commissioner Walker asked that this appointment not be made until the April 3rd meeting, since this was the first time it had appeared on the agenda. Commissioner Gustaveson withdrew his second to the motion, and the Chairman declared the motion died for lack of a second. This item will appear on the April 3rd agenda. Chairman Whitted informed the Board that Dr. Earl Sommers has re- signed from the Area Mental Health Board. This appointment is one of the County Commissioners and the vacancy must be filled by a licensed physician. This is for information only and will appear on the April 3 agenda. Item 8: The Manager submits a report of bids received for small trucks. For copy of bids results see page 542 of this book. The recommendation from the County Manager is the low bid of $8,712.94 by Alexander Ford be accempted. $10,000 is available in the budget for these trucks. Mr. Gattis stated further that after talking with mechanics in the Motor Pool, he was convinced that the Toyota was a more substantial vehicle and did have a better record of performance. Commissioner Pinney asked the Manager to investigate the Toyota to see if it has an overhead cam shaft. He stated there are some pro- blems with the overhead cam shaft on some Toyotas. The County Manager was requested to develop additional information regarding the performance of these vehicles. This item will appear on the April 3rd .agenda. Item 9: The Manager recommends the Board accept the low bid as shown in Ttem 8 for two small trucks. This was deferred until April 3. Item 10: The Manager recommends the Board approve fouz budget amendments. The agenda attachment stated the amendment will cover four items: 1) The State Agricultural Extension Service has granted $2,500 to the County Department for office equipment. 2) The Department of Social Services is requesting $2,500 for postage to meet additional current requirements and to purchase postage that will not be required until next year. The purpose of purchasing in advance is to take advant- age of 1977-78 Title XX allocations. No new County funds are required. 3) Rents in departmental budgets are transferred to the Central Account since they do not relate directly to the space these departments are using. 4) A previously approved item, the industry related sewer pro- ject has been let by the Town of Hillsborough for a total of $7,581. This amendment transfers from the Contingency Account. Upon motion of Commissioner Pinney, seconded by Commissioner' Gustaveson, it was moved and adopted to approve the budget amendment as submitted by the Finance Director. For copy of budget amendment see page 543 of this book. Item 11: Commissioner Willhoit would like for the Board of Commis-- , sinners to name ex officio members, representing the Towns of Orange County to the County Planning Board. Mr. Willhoit will review his pro- posal with the. Board. ~ ~. - Commissioner Willhoit stated the Ordinance establishing the Planni.r-g Board did provide for appointment to that Beard from municipalities as ex officio members. He stated presently there is no representation on the Planning Board from areas within municipal limits or from within extra- territorial planning jurisdictions. Mr. Willhoit stated he felt there was a need to faster better communications between the County Planning sward and the Planning Boards of the municipalities. Mr. Willhoit also suggested that ex officio members from within the municipal limits and within extraterritorial planning jurisdictions be appointed to the Township Advisory Councils, as vacancies become available. He asked the Board to consider this proposal. The County•Manager informed theBoard the Planning Board is discussing __ this same issue and are thinking positively about these appointments. He suggested the Commissioners get input from the County Planning Board before taking any action. Ttem 12: The Manager recommends the Board of County Commissioners execute an agreement with the Retirement System (and offer to members of the Law Enforcement Officers Benefit and Retirement System) allowing: a) Credit for military service, b) Repayment of withdrawn accounts, c) Credit for out of State service. Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, it was moved and adopted that the County Commissioners execute an agree- ment with the Retirement System (and offer to members of the Law Enforce- ment Officers Benefit and Retirement System allowing for the three above cited benefits. Fc~r copy of Resolution initiating this action see page 544 of 'this book. Item 13: A review of the informational brochure prepared by the Clerk. A period of review of the draft brochure followed with several suggestions made by members of the Board, and the Chairman read suggestions which had been submitted by Hilda Winecoff, President of the Hillsborough Historical 5aciety. The Board felt the brochure should be expanded upon to include all agencies and boards which are of public interest and that the brochure be an annual report which would include some budget information. Reference to the brochures available through the Historical Societies should be added in the appropriate area of the Ceunty brochure. It was requested this be completed sometime after budget information is confirmed. Item 14: Transit Development Grant information provided by Joe Bradshaw. Mr. Bradshaw informed the Board of the passibility of the County re- ceiving some State funds for a Transportation Coordinator, such as what has bee discussed in the Human Services Subcommittee. The grant would re- quire a 10 percent match, which is $1,500 from the County. The grant will be developed and presented to the Board at their April 3rd meeting for their consideration. Mr. Bradshaw also spoke of a meeting he, the County Manager and the Acting Planning Director had attended relative to the County submitting a Community Development application for 1978. He stated the application was a detailed process and a tight time schedule was involved as applica-- tions must be filed by May 15, 1978. The County Manager stated the Board needed to decide how big a project they are applying for. He added Triangle J has offered some assistance in filing the application. The Board of Commissioners need to make a decision regarding filing a grant application by their April 3, meeting. The Chairman brougth to the Board's attention a public hearing re- garding the State's financing of public education and the impact of that financing on the availability of equal education opportunities for all • students. A public hearing will be held on April 3rd at 7:30 p.m., in the Superior Courtroom of the Stanly County Courthouse. The Chairman stated he felt it was important that the Orange County Board of Commissioners have same input at this hearing. The C]_erk was requested to find out when Other public hearings.:will be held•in the Slate. Another matter presented by the Chairman was a Resolution from the Granville County Board of Commissioners in regard to the closing of the Oxford Tobacco Research Laboratory, Oxford, North Carolina, The Clerk was requested to send copies of the resolution and the attached material to members of the Board. This matter will appear on the April 3rd agenda. Item 6: The Sediment Control Officer will. review two violations of the Erosion Control Ordinance. As this discussion is basis for possible civil litigation, the County Attorney recommends this be held in executive session. - Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to go into executive session to dis- cuss potential civil litigation. Executive session ensued. Upon reconvening from the executive session, the Chairman explained that the Board had reviewed two violations of the County's Ordinance to Provide for the Control of Soil Erosion and Sedimentation. These viola- t~.oris were committed by Eastowne Associates and Brendle's Inc., in failing to follow their approved erosion control plans. The Chairman asked, "what is the pleasure of the Board?" Upon motion of Commissioner Nillhoit, seconded by Commissioner Gustaveson, it was moved and adopted to direct the County Attorney to draft a lettex to Eastowne Associates informing them the County will assess a civil penalty of $100 per day beginning with March 15, 1978 and continuing until such time as Eastowne is in compliance with the County Ordinance. The County Attorney was further authorised to seek injunctive relief through th.e Courts against Eastowne Associates. The Chaarman asked the Board to consider the violation of the Ordinance by Brendle's Inc. Commissioner Willhoit moved to direct the County Attorney to draft a letter to Brendle's Inc., informing them the County will assess a civil penalty of $100 per day beginning with r4arch 15, 1978, and continuing un- til such time as Brendle's Inc. is in compliance with the County Ordinance, and to seek injunctive relief through the Courts against Brendle's Inc. Commissioner Gustaveson seconded this motion and it was unanimously adopted by the Board. The meeting was then adjourned. G{ j hard E. Whitted Chairman R1G , Agatha Johnson, Clerk S ~;,..i RESOLUTION OF APPRECIATION FOR THE SERVICE OF CASHE S. BOGGS IvHEREAS, On Mauch I9, 1956, Ca~she S. 8ogga became Avuma,.P, Con~ir.o.e Obs.Lceh boh. Orange Couitity; and WHEREAS, S.cnce h{cucch, 1956, Cache Bogga hats d¢mon,aed h.ilr unbe.~gned abbec~an box anima,Qa by h~.a genu~.ne eoncelLn ban thew we.Cba~e; and [UHERI<AS, Caishe 8ogga' .Lnvo.Qvement .Ln apec i.a.2 c.P.Lnt.e.d he.Q,d ~oughawt Onarcge County, had, heCped prevent awima.e di.aeaaea and had eneouhag2d nea- pona.ib2e an,Lma,~ cane; and WHEREAS, Cache S. Bogga, wdthout nega~cd bon h.id pe~cbona.2 aabety, has con- ae.i_enti.oud.~y ewriri.ed out h<,a du~i.ea a3 A~wna.C Con~ico.~ Obs.i,eelc .in an ami.a62e manner; and WHEREAS, On November 1, 1977, Cache S. 8ogga ne~i~ced bnom the pod.c~i.an as An~.ma.2 Contno.~ Obb.Lcen ban Orange County. NOW, THEREFORE, 81= IT RESOLUl;1J that the Orange Couv~y Bocvcd ob Camm.i.aa.Lonvlua .tafzea action ~vcough .cta membahe on beha,Cb ob ~-he r~c~c"zen,6 pb Orange County to expneaa to Cache S. 8ogga .tad 6.ineeRe appreeet.a- ~i.an and gkad.i~ude boy h.i.a twenty-one yean% ob aeh.vi.ce and 1tii,~s contit.i6u~iona to Orange County as An.ima,2 Con~'it.o.~ Obs~.celc, .and bwcthen w.csh to him and hi,a w.ibe, Ma6.Ce, happtineaa .in the yean~ to come. 8E TT FURTHER RESOLVEII ~1~cat th.ia Reda.Luti.an be pnedented to Cadhe S. 8ogga and a copy ab chid neao.Eution be .inc.~uded .cn the m~.nutea ob t<ii~ mee~i.ng ob th.e Orange County Board ob Corrmei.aa.ionen.a, thi.a ~h.e 21at day ab March, 197ff. R7Cf ~ 'gin ^- ~~ .~~ ~ NoRa1AN rusrAVt~soN ~~~/ ~/I~ _f ~J NOP,MAN WALKER AN PINNEy .~ ' ,, , 170PdA117 WILLHOIT °,: = CO1lPACT TRUCK BIOS .. 10 AM 3/7/78 - `. Summary and Recommendation. At 10:00 A.P4. on March 7, 1978, bids were opened for 2 Compact Pick-up Trucks. . The bids ~•rere as i follows: • EPA Mileage Bidder Each Total Combined City H~`% Alexander Fard (Courier) 4,356.47 *8,712.94 33 29 38 Coggin Pontiac (P9azda) 4,409.81 8,819.62 33 29 38 Cox Toyota (Toyota) 4,500.00 9,000.00 25 •23' 31 Harris Conners (Luv) 4,780.00 9,560.00 27 24 34 *It is recommended that the low bid of x$,712.94 by Alexander Ford be accepted. $5,000. each is available in the budget for these trucks. ORANGE COUNTY PROPOSED 1977-78 BUDGET ORbINANCE AMEND:•JENT The 1977-78 Budget Ordinance of Orange County as adopted on June 22, 1977, and subsequently amended, is hereby amended as folloavs: Change the appropriation for the following line items in the funds indicated: INCREASE FUND - ITEh1 (DECREASE) TO TOTAL General Fund: Corranunity Maintenance Council on Women-Rents (1,500) 0 Administration - Data Processing-Rents (2,400) 0 Human Services Agricultural Ext~Equipment 2,500 4,000 Social Services-Admn-Postage 2,500 7,000 Social Services-Title XX Trans. (2,500) 3,500 Public Works Buildings & Rents -Rents 3,900 21,700 Miscellaneous - Water Project 7,581 7,581 Contingency (7,581) 63,637 Change the revenues and fund balances estimated to 6e available to meet the foregoing appropriations in the funds indicated: INCREASE FUND - RESOURCE (DEGREASE) TO TOTAL State Grants-Agriculture Extension 2,500 2,500 Adopted this the 21st day of uarch. 1978 r Q, ~...~ - ,. _ , NDR~'H Cp.RI]LINA LOCAL GOYERNbt)3NTAL £bipLOYEES' REETIREdIENT S;ISTEbf 1LAI,>rIGH, NORTH CAIZQLX1s1A 27611 RESOLUTION TO ENTER At;REEi11ENT W)Tll NORTH CAROLINA LOCAL GO}I;;Rri'YIENTAL Eb1P1.0YE1S' 1;tE'T'tRE3fENT SYSTI±hI '?i'O • pRO~pE CERTAIN BENEFITS AS SET FORTfI IN CFiAI''T1;R 1310 _ OF THE SESSION LAWS OF 1973 (2NA S1dSSIDN, 1974) }yYIEREAS, the 1973 General Assembly amended the North Carolina Local Governmental Employees' Retire- mint System laws so as to permit agreements far providing certain benefits far employee members pursuant to Chapter 1310; and WI~EREAS, the govaznirtg body of this Unie realizes the desirability of providutg its employees with the security and protection provided by said benefits; and ' V+iis .Er",s, Article 3 of Chapter 128 of the General 5tatntes of North Carolusr pzovides that atly employer governmental unit des'uing to provide said benefits for its employee members must execute an agreement therefor v,1th the Duector of the North Carolina Local Governmental Employees' Retirement System: NOW, TfLEREFORE, 13E IT RESOLVED BY T1i1; _ Orancie County~Commissioners in - '(goveming boazd af.local governmental unit) regular session, ~ - 1, That the range County . Commiss_9.o_ners hereby elects to sed§aidbeneFtts for its - (nam~ of local governmental unit) - employees in the North Carolina Local Governmental Employees' retirement System. 2. That the _ C)ra n Qe hereby agrees to comply with all provisions i(name of local governmental unit) of the North Cazolina Local Governmental Employees' Retirement System as defined in Article 3, _ Chaplet 128' of the General Statutes of North Carolina, as amended, and to make such increased employer's contributions as the Local Governmental Employees' Retirement System may deterntine to be necessary in order to provide said benefits, 3. That the issioners is hereby ordered and d'uected to exegete (name of local governmental unit) an 2greement with the Director of the North. Carolina Local Governmental Employees' Retirement System to im- plem:n! said benefits of Chapter 1310 of the Session Laws of 1973 (2nd Session, I974). Upon motion of ~omm~-ssi ~r -Donald 1Villhoit~_ end seconded by r~~~y~nor~,s~P xn~___ __~, the above resolution was introduced for passage. The Five (5) following number voted in the affirmative: ~~______~ __.___ ...- The following number voted in the negative: ~_zera (0)