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APPROVED _5 1 95
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, FEBRUARY 21, 1995
The Orange County Board of Commissioners met in regular session on
Tuesday, February 21, 1995 at 7:30 p.m. in the community room of the OWASA
Operations Center on Jones Ferry Road in Carrboro, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners
William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant
County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly
A. Blythe (other staff members are identified appropriately below)
NOTE: All documents referred to in these minutes are in the permanent
agenda file in the Clerk's office. All ordinance amendments are in the
Ordinance Book in the Commissioner's Library.
AGENDA
I. ADDITIONS OR CHANGES TO THE AGENDA
Appointments to the Chapel Hill Board of Adjustment were added as item
VIII-I and a correction to the minutes for January 12, 1995 was accepted.
The minutes were removed from the Consent Agenda for discussion.
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who want to make comments on items
on the printed agenda will be recognize at the appropriate time.
B. MATTERS NOT ON THE PRINTED AGENDA - NONE
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
III. BOARD COMMENTS
Commissioner Halkiotis thanked the Board for their support and
persistence in getting a light at NC 86 and New Hope Church Road. The
Department of Transportation will be installing a light at that intersection
this summer. He is still concerned about the intersection of Mt. Herman
Church Road and Highway 70.
Chair Carey asked that Planning Director Marvin Collins comment on the
status of the University Station plan. Collins stated that they have
received a plan which is similar to the concept plan that was submitted by
the developers as part of the University Station planning group initiative.
They have not received any fees, application form or any of the supporting
documentation that must go with the plan and it is too late for them to
summit this material for the March Quarterly Public Hearing. The deadline
for the May public hearing is April 4. He said that if they submit an
application, whether it is for a land use plan amendment or a planned
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development under the existing ordinances, it raises a concern because of all
the other initiatives that are underway or have just gotten underway. His
recommendation would be that if a project does come in, to hold it up until
those broader issues are addressed. He asked that the Board let him and the
Planning Board know if they share these concerns and how they would like them
to deal with a plan if one is submitted.
After a brief discussion, it was the consensus of the Board to deal with
the broader issues before dealing with University Station in a positive
manner.
Commissioners Halkiotis and Willhoit both expressed a concern that the
Stoney Creek Basin work group not become a forum for University Station.
Commissioner Gordon asked about the development impact statement for
schools. It was decided that because of the possibility of redistricting,
this statement will show the impact on the school district instead of the
district for each school.
Commissioner Gordon made reference to the meeting held by the
Department of Transportation in which they discussed Eno Drive and the Eno
State Park. She noted that it is her understanding that DOT must receive
permission from the General Assembly before they can put a road over state
property.
Chair Carey noted that he understands that one of the alternative
recommendations for the Landfill Owners Group is to own and run the landfill.
This fails to recognize that the County is the only entity responsible for
protecting the public health of Orange County citizens. He asked that he
receive a copy of that recommendation.
IV. COUNTY MANAGER'S REPORT
John Link announced that he has received the resignation of Tax
Collector John Horner effective June 30, 1995. He commended John for his 30
years of service and wished him great success in his future endeavors.
V. RESOLIITIONS/PROCLAMATIONS - NONE
VI. SPECIAL PRESENTATIONS
A. ACKNOWLEDGMENT OF PARTICIPANTS IN THE JOB TRAINING PARTNERSHIP ACT
JTPA AND OPPORTUNITIES FOR YOUNG FATHERS OYF
Faye Hall presented the annual report to the County Commissioners.
She then recognized some of the participants in the JTPA and the OYF program.
Glenda Worrell is a single parent of two children. She will complete her
program in Criminal Justice in May. She has consistently been on the school
honor roll and is presently working as a volunteer with the Guardian AdLitem
Program.
Yvonne Johnson is a single parent of a 16 year old son. She has
completed the LPN program and is working as a nurse part-time while
continuing her studies to become a Registered Nurse. Her son Daryl worked in
the Summer Youth Employment Program from June-August and contributed to the
household expenses with monies earned from that job. He also made comments.
Pam Freeman is a single parent of two children. She is enrolled
in the Nursing Program at Durham Tech and has been on the honor roll several
times. She volunteers at a homeless shelter and works part-time at UNC
hospital.
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The Lewis family consists of Ricky, Pam and their five children.
Pam and Ricky both enrolled in a work experience program. Pam is now working
at Eurosport and is now in company training to become a line supervisor.
Ricky was hired in Maintenance for the Orange County School system. After
several months of steady employment, the Lewis family is now self-supporting
and independent of the welfare system. Ricky wants to eventually have a
catering business. He praised the Opportunities for Young Fathers program and
called it a real blessing.
Commissioner Halkiotis commended JOCCA for their leadership in helping
others improve their lives.
VII. PUBLIC HEARINGS - NONE
VIII. ITEMS FOR DECISION = CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by
Crowther to approve those items on the Consent Agenda as stated
A. UNPAID REAL PROPERTY AND TAX LIEN ADVERTISEMENT
The Board accepted the following report and approved
Advertisement date of May 10, 1995:
UNPAID REAL PROPERTY TAXES
County $ 1,760,591.35
Chapel Hill 322,857.09
Carrboro 112,393.66
Hillsborough 67,709.08
T O T A L $ 2,263,551.18
Commissioner
below:
the Tax Lien
B. HABITAT FOR HUMANITY FUNDING REQUEST
The Board approved $16,000 in funding for Habitat to be included
in an Affordable Housing Project Ordinance. Of this amount, $13,000 will be
used to gravel a road that will serve a five house Habitat development in the
Perry Hills subdivision and $3,000 will match the amounts paid for school
impact fees on four new houses in 1994.
C. CHANGE ORDER FOR THE MAGNOLIA PLACE HOUSING DEVELOPMENT PROGRAM
The Board approved the execution of a Change Order for the public
facilities contract with Ralph Hodge Construction Company for $51,000 for the
Magnolia Place Housing Development Program by the Chair on behalf of the
Board.
D. ORANGE COUNTY HOME CONSORTIUM
The Board authorized the Chair to submit a Letter of Intent to
participate in the federal HOME Program and other related documents to the
U.S. Department of Housing and Urban Development on behalf of the Orange
County HOME Consortium and established March 8, 1995 as the public hearing
date to receive public comments regarding the Orange County Consolidated
Plan.
E. BUDGET ORDINANCE AMENDMENT ~7
The Board approved the following budget ordinance amendment and
capital project ordinance:
VISITORS BUREAU FUND
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Source - Fund Balance Appropriated $
Source - Intergovernmental
Appropriation -Human Services
(To budget for contribution from the Town of Chapel
occupancy tax revenue received over budget during
RESCUE SERVICES EQUIPMENT CAPITAL PROJECT ORDINANCE
Source - County Capital Project Fund Balance $
(1994-95)
Appropriation - Rescue Services Equipment
(To provide funds for the purchase of rescue
equipment to be used Countywide)
14,804
30,000
44,804
Hill and
1993-94)
30,000
30,000
F. ESTABLISH PUBLIC HEARING DATE FOR 1995-2000 CAPITAL IMPROVEMENT
PLAN
The Board scheduled a public hearing on the 1995-2000 CIP for
Tuesday, March 21, 1995 at a meeting beginning at 7:30 in the OWASA community
meeting room on Jones Ferry Road in Carrboro.
G. D.O.T. LETTER FOR ENO DRIVE
The Board considered additional information on the status of Eno
Drive and authorized the Chair to sign the letter to Mr. Vick stating Orange
County's position on this project for the record as presented in the agenda.
The letter expressed concern about the potential adverse impacts on the Eno
River State Park and recommended that the terminus of the proposed Northwest
Loop be located in Durham County where it would be better aligned with U.S.
15-501 and the East/West Expressway.
H. MINUTES
This item was removed from the Consent Agenda for consideration at
the end of the Consent Agenda.
ADD I. APPOINTMENT
The Board approved the following appointments:
CHAPEL HILL BOARD OF ADJUSTMENT
JoAnn Woods for a term ending June 30, 1997
ORANGE COUNTY SENIOR CENTER DEVELOPMENT PLAN COMMITTEE
Betty Landsberger
Jean Smith
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
A motion was made by Commissioner Gordon, seconded by Commissioner
Crowther to approve the minutes for January 12, 1995 as corrected.
VOTE: UNANIMOUS
The minutes for December 10, 1994 will be considered at the next
meeting.
IX. ITEMS FOR DECISION - REGULAR AGENDA
A. BLACK WALNUT AR =PRELIMINARY PLAN
A letter was received from Stewart Barbour asking that this
subdivision ,not be approved until standing boundary disputes with the
developers are resolved to the satisfaction of the neighbors involved.
A motion was made by Commissioner Crowther, seconded by Commissioner
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Halkiotis to approve the Preliminary Plan for Black Walnut Farm per the
Resolution of Approval in the agenda and to encourage and assist NCDOT and
road frontage property owners with the realignment of Baldwin Road and
Lawrence Road.
VOTE: UNANIMOUS
B. 1995 LEGISLATIVE GOALS AGENDA
After a brief discussion, the Board decided to take to public
hearing the following local legislation:
1. Orange/Alamance boundary determination
2. No collection of tax bills for property valued under $300
3. Advertising for zoning
4. Penalties for violation of County ordinances
A motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to schedule the public hearing on the above list of issues for
March 8, 1995 at a meeting which begins at 7:30 p.m. at the Efland Cheeks
Community Center in Efland.
VOTE: UNANIMOUS
C. BID AWARD FOR THE PUBLIC WORKS MAINTENANCE FACILITY
A motion was made by Chair Carey, seconded by Commissioner
Halkiotis to award bids and approve construction contracts, contingent upon
Attorney and Staff review, for the Public Works Maintenance Facility as
follows:
General: Quality Construction, Danville, VA $713,629
Electrical: O'Dell Electric, Durham, NC 98,958
Plumbing Sparrow and Sons, Carrboro, NC 76,759
Mechanical: Comfort Engineers, Durham, NC 75,441
and to authorize the Manager to execute change orders which may be required,
to the extent said change orders do not exceed the project budget and to
authorize the Chair to sign on behalf of the Board.
VOTE: UNANIMOUS
Other bids received for General Construction are listed below:
Central Builders, Inc. $ 944,910
Patriot Building Co. 844,500
Brooks General Contractors 837,790
H. M. Kern Corporation 914,110
Bordeaux Construction Co. 857,570
Robert G. Snyder 944,000
Riggs - Harrod 889,160
Electrical Construction Contract
Pendergraph Electric $ 112,876
Classic Electric Service 119,537
Watson Electrical 115,700
M. C. Electric, Inc. 111,480
Plumbing Construction Contract
Brown Brothers 121,731
Acme Plumbing & Heating 103,870
HVAC Construction
Carolina Air Conditioning $ 94,200
Commissioner Halkiotis asked for a report on those items previously
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discussed as possibilities for joint ventures with the Town of Hillsborough.
D. BID AWARD/CONTRACT APPROVAL FOR THE CHILLER UNIT AT THE NEW
COURTHOUSE
A motion was made by Commissioner Crowther, seconded by
Commissioner Gordon to award a bid to Comfort Engineers for replacement of
the chiller system at the New Courthouse for a sum of $104,490 and approve a
contract in this amount, contingent upon staff and Attorney review; and
authorize the chair to sign on behalf of the Board.
VOTE: UNANIMOUS
R. REPORTS
A. BOARDS AND COMMISSIONS RESEARCH
Commissioner Crowther noted that, through this research, he became
aware of many boards and commissions that he knew nothing about. He would
like this topic to be the subject of a retreat so that the Manager can
follow-up with policies for the County to follow in terms of how this Board
creates, sustains and sunset any future boards/commissions that are created.
He feels the number is extensive and although citizen involvement is a
positive thing for this County, he feels. the County is stretching their
citizen volunteers.
Commissioner Willhoit said that with regard to taking time away
from families, that one of their policies tries to limit participation of
citizens to no more than one board. He feels that the boards/commissions
that have commissioner representation should be examined to determine if that
representation is needed. One thing he suggested adding to the goals back in
September was a volunteer satisfaction survey. The real issue is whether or
not these boards/commissions are providing information that is being used, if
their time is being well spent or whether their recommendations are being
given adequate consideration by the County Commissioners. He feels the
survey needs to be done before considering elimination of any of the
boards/commissions.
Commissioner Crowther asked if there is a personnel policy on how
much staff time personnel can spend on committees. Commissioner Willhoit
said that if a committee is appointed and the Clerk's office is asked to
staff that particular committee, that they will put in as much time as
necessary to staff that committee. Commissioner Crowther asked about
committees of other entities which County personnel are requested to serve.
It was decided that an interim report on the survey would be given
in two or three months and this topic would be discussed further at that
time.
A motion was made by Commissioner Halkiotis, seconded by
Commissioner Gordon to accept the report.
VOTE: UNANIMOUS
B. REPORT ON THE CHAPEL HILL NORTHWEST SMALL AREA PLAN AND POTENTIAL
USE OF THE "GREENS TRACT"
Planner Mary Willis gave a brief report. The "Greene Tract" was
purchased in 1984 by Orange Regional Landfill Owners Group and was designated
on the Joint Planning Area Land Use Plan as "Future Potential Landfill Site".
The recommendation from the Town of Chapel Hill's Northwest Small Area Plan
Work Group is for the Greene tract to become the focus of a village pattern
of development in the Northwest Area. Chapel Hill will have a public hearing
on March 1 to receive comments on this plan. The Board made two changes to
the letter that will be sent to the Chapel Hill Town Council. They asked
that any disposition of the Greene Tract be at fair market value and that the
three jurisdictions owning the tract discuss the potential public purposes
that would be suitable for the Greene Tract.
A motion was made by Commissioner Gordon, seconded by Chair Carey
to approve the letter as attached to these minutes on page and authorized the
Chair to sign on behalf of the Board.
VOTE: UNANIMOUS
C. NORTH CAROLINA SCENIC BYWAYS PROGRAM
The Board received a report on the North Carolina Scenic Byways
Program given by Mr. R. N. Kopetsky, Scenic Byways Coordinator, North
Carolina Department of Transportation. He explained that this program was
actually started back in 1964 and that with many delays along the way was
fully funded in 1993. The program incorporates more than 1,500 miles of
roads and contains 31 stretches of predominately rural roads in length from
two to 192 miles. Two route of North Carolina Byways come through Orange
County. The Colonial Heritage Byway enters the County from the north on NC
Highway 86, passes through the town of Hillsborough, and continues through
Duke Forest and ends at US 15-501 in Durham. The Football Scenic Byway
begins in southern Orange County at NC Highway 54 and Old Greensboro Road and
follows SR 1005 into Alamance and Guilford Counties.
The Board received the report.
XI. APPOINTMENTS
A motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the list of citizens as presented to serve on the Orange
County Skills Development Program Committee. A County Commissioner was not
appointed at this time.
VOTE: UNANIMOUS
XII. MINIITES - NONE
XIII. CLOSED SESSION
A motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit, to adjourn into closed session to discuss "A" and "B" listed below.
VOTE: UNANIMOUS
A. LITIGATION: ORANGE COUNTY VS. CONNER; CONNER V3. BOARD OF
ADJUSTMENT
B. PERSONNEL MATTER
A motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit, to reconvene into regular session.
VOTE: UNANIMOUS
ACTION TAREN ~N OPEN SESSION: After reviewing and evaluating the work plan
of the County Manager as highly effective, a motion was made by Chair Carey,
seconded by Commissioner Halkiotis, to set the Manager's salary at Step 7a of
Grade 88.
XIV. ADJOURNMENT
With no further items to be considered, Chair Carey adjourned the
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meeting. The next regular meeting will be held on March 8, 1995 at 7:30 p.m.
at the Efland Cheeks Community Center.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk