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HomeMy WebLinkAboutMinutes - 19810217_. ,, MINUTE5 ORANGE COUNTY BOARD OF. COMMI5S10NER5 FEBRUARY 17, 1981 The Orange County Board of Commissioners met in regul~.ar session on February 17, 1981, at 7:30 P.M. in the Superior'Gourtrnom, Orange County Courthouse, Hillsborough, North Carolina. Commissioners present: Commissioner Anne Barnes, Chair, and Com- missioners Norman Gustaveson, Norman Walker, Richard Whitted and Don Willhoit. Commissioner Barnes .called the meeting to order. Agenda Item 1: Does an Board member 'desire to than e ' t is.agenda? Commissioner Barnes suggested .the.execut'ive session follow the two public hearings scheduled as agenda iter~rs 5 and 19 and the two puU1ic hearings' be consecutive.' _ Agenda Item 2: Does any member of the audie_n_ce__desire to comment about A. Matters an this agenda? Mr. Marcus Hudson, representing Alert Cable T.V., said he wished to speak to the Board on Agenda Item 7. Ms. Virginia Gregory said she wished to speak to the Board an Agenda Item 10. B. Matters not on this agenda? Ms. Ann Hadley of Efland Estates said she would like to know what the Gommissioners were doing about Efland Estates' waste pra6lem. Com- missioner Barnes told her the Board had employed an Qngineer to do a pre- liminary study of the site and to recommend a number of options to the Board. The engineer had done so and had been authorized to pursue HUD Imminent Threat Grant funds far Efland for a local solution to the pro- blem. The Community Development Director told the Board that the Efland Subdivision had organized a Homeowners' Association and .elected officers An unidentified citizen said she wished to speak to the budget but it was not an the agenda as she had thought it was. The Assistant County Manager, Mr. Bradshaw, said a memo circulated this week had indicated there would be budget hearings tonight but it was in error. The citizen did not _ _ • ti .. i~~ choose to speak at this time. Agenda Item 3: Proclamation Declaring March~22~28_ Future Farmers of America Week. Commissioner Gustaveson moved to adopt a Proclamation declaring February 22-28, 1981, FFA Week; Commissioner Walker seconded the motion. Vote: ayes, 5; noes, 0. - Agenda Item 4: Clerk submits Minutes of Meetings held . January 2~and 26, 1981, for_Baard__ Commissioner Whitted moved to adopt the Minutes of January 20th as submitted; Commissioner Willhoit seconded the motion. Vote: ayes, 5; noes, 0. Carnnissioner Whitted moved to adopt the Minutes of January 26th as .. corrected; seconded by Commissioner Barnes. Vote: ayes, 5; noes, 0. Agenda Item 5: A Public Hearin to Consider A Count ood P gin Ordinance. Mr. Luce of .the planning staff presented the report. He said the Federal Flood Insurance program had been established 'in 1968 and Orange County had applied and been accepted in 1976 into a limited Federal Flood Insurance Program. He identified the purpose of the Ordinance as to reduce damage from flooding and to save lives. If the Ordinance is not adopted by Orange County Federal Fiaod Insurance could no longer be purchased nor would it be renewable; the County would na longer be eligible for . disaster relief for losses incurred in those areas identified as flood prone in the event of a flood. Ms. Josephine Barbour--said she was unable to find a copy of the Flood Damage Prevention Ordinance in the library as advertised and asked the following questions: The amount of money spent on flood control projects, how many times had the County had to rescue people and how frequently had businesses been. interrupted. by flooding and the number of tributaries affect- ed by this Ordinance. .Mr. Luce replied that the Ordinance had been placed in the library by himself. He said the Planning Board had recommended t"e more stringent ordinance feeling that fill areas would impede and store up flood water causing it to back upstream. Caroline .Diamond--wished to know if the passage of the Ordinance re- quired any money outlay from the County. The Board said no; it was simply to enable those persons already living in such areas to apply for Federal Flood Insurance. ` ', .~. ~ ?=; Mr. Henry Whitfield--thinks the Ordinance is much too restrictive and feels that building in fringe areas and uther areas identified in the Ord- inance are decisions best left to engineers. Mr. Bobby Nichols-asked how much soil in Orange County was alluvial. Mr. Luce said approximately 12,p00 acres. This concluded the comments from the public on the Flood Damage Prevention Ordinance. ~ Agenda Item 6: Additional Board Actipns relatin to the Propose Flood P ain Ordinance: A. March.2--Consideration of the Proposed Ordinance. B. March 16--final date for adoption of Ordinance if subsidized Flood Insurance is to remain in effect. Commissioner Barnes made the announcements above regarding the Pro- posed Flood Plain Ordinance and announced this Ordinance would be back before the Board on March 2nd. Agenda Item 19: A Public Hearin To Receive Comments rom t e Pub is Re ardin Possib e Uses of Genera Revenue S~ha_ri~n Funds Duren the 1981-82 Fiscal 'Year by The o-.. u~• There were no comments from the public regarding this matter. Commissioner Barnes declared the public hearings adjourned and the Board of Commissioners adjourned upstairs to reconvene in the+Gommissioners' Room for Agenda Item 1$, executive session, and the remainder of the meeting. The Board convened in pub9tic session following the executive session. Commissioner Whetted presided in the temporary absence of Commissioner ~, Barnes. Commissioner Whetted recognized Mr. Griffin the CD Director, why I _ ~, presented the Board and some County Staff with plaques in appreciation of the Board's encouragement and efforts for the CD Project in Northern Fair- view. Commissioner Barnes returned and said she would like to make two announcements at the end of the meeting: A. Manager's recommendation regarding a CETA Grant. B. Appointment of a Finance Director for Orange County. Agenda Item 7: Consideration Of An Ordinance Gra~ntin~ A Pre-existing Permitted Use_ ranF chise- to Alert Cable T.V. of N.C., Inc., to 0 erate an intain a Ca a Te evision System ithin the nincor rated Areas Orange Count, .C. First Rea ing._ - 4 Mr. Marcus Hudson, Attorney for Alert Cab1e.T.V., requested this action be delayed for two reasons: 1). it appeared to 6e a virtual. shut- down of Alert because the Franchise forbids the serving of those homes which already have Alert connections if th.e property is sold; and 2) it appeared to forbid Alert from maintaining existing lines. The Board said it had already awarded the Franchise to Village Cable and in order to be fair to Village the Board would need to process this remaining business; the Board continued with discussion of this agenda item. The Board questioned Section V of the Ordinance regulating connection and disconnection of the Alert system. The Board directed the County Attorney to change the Franchise Ordinance to indicate that if existing Alert service connections were in place to a residence a new homeowner could choose which Cable system, either Village or Alert, he/she wished. The Board also expressed its desire not to prevent Alert from maintaining= up- grading or expanding channel selections. Commissioner Willhoit moved, seconded by Commissioner Whitted, to adopt the Ordinance granting a Pre-existing Permitted Use Franchise to Alert Cable T.V. of N.C., Inc., to operate and maintain a Cable Television. system within the unincorporated areas of Orange County, N.C. Vote: Ayes, 5; noes, 0. The County Attorney told the Board it would need to change the wording in :the Cable Television Franchise to make it consistent with the directions the Board issued. tonight. Commissioner Whitted moved to incorporate the changes as required by the Board's action; Commissioner Willhoit seconded the motion. Vote: Ayes, 5; noes, 0. The Board directed thi's item be returned to the Agenda for February 23, 1981. Agenda Item 8: Board Consid ration of A Pro osed Affirm- ative Action Plan Presented to the Boar on February 2, 1981, by the Personnel Director. F The Personnel pirector told the Board the Affirmative Action Plan specified guidelines for implementatirn of the Resolution passed by the Board on February 2, 198L.and adds affirmative action to the equal employ- ment opportunities endorsed by Oranae County. She said the goals were based on census data as demanded by law and would be updated to the 19$0 census as soon as these figures were available. S.. _._ :.~. ~.: - _ ,,~ . Commissioner Whitted moved to adopt the Affirmative Action Plan offered by the Personnel pirector; Commissioner Willhoit seconded the motion. Commissioner Walker expressed his opinion that this plan discriminated against those not defined as "protected classes!' and said he wished to wait until the 1980 census figures were available before voting on this plan. The Acting Finance Director, Kathy Battern, told the Board that some grants, - , for example CETA and Community Development, had strings. in the form of dead-• lines attached to them pending adoption of an Affirmative Action plan by Orange County.. Vote: .ayes, 4 (Commissioners. Barnes, Gustaveson, Whitted and Willhoit); noes, 1 (Commissioner Walker). Agenda Item 9: The:Manager Recommends Adoption 'af the Attached 5cheduie of Fees for Certain .P anning, Su division and Erosion Control 'Services. ~- Mr. Palatty, Planning Director, made the presentation to the Board. After some discussion, action was deferred 6y the Board upon motion made by Commissioner Willhoit to table this item until the next agenda, seconded by Commissioner Whitted. Vote: Ayes, 4 (Commissioners Barnes, Walker, Whitted and LJil~lhoit); noes, 1 (Commissioner Gustaveson). Agenda Item 10: A Review of the Bud et procedure Pro- posed for the Coming Fiscal Year. The Acting Finance pirector reviewed with the Board the budget pro- cedures proposed for this coming Fiscal year. The Chair said there was a consensus that these documents were adequate to begin the budget process.. Agenda Item 11: The Mana er Recommends Acce tance of P Contract• 1-3 88-38 for , 356 to Fund Certain ctivities a,t the .C. Botanica Gardens. Commissioner Willhoit moved to accept the Manager°'s recommendation to accept the YCCIP.Contract for $47,356 to fund activities at the N.C.. Botanical Gardens; Commissioner Wlaker seconded the motion. Vote Ayes, 5; noes,0. Agenda Item 12: The Mana er Recommends Ado~tian of the ttached Budget Amendments. Acting Finance Director, Kathy Battern, said CETA had not in- cluded the contract for the Administrative Costs Pool and so she recom- mended amending the Budget by 'deleting those items relating to that part- { -. ~: -; ,-o ~'- - J V titular cost,pending the arrival of the contract. Commissioner Richard Whitted moved to adopt the Budget Amendments with the Acting Finance Director's amendment recommendation. Commissioner Walker seconded the motion. Vote:gyes, 5; noes, 0. . Agenda Item 13: The Assistant Manager Will Propose A - Preliminary Paving Assessment Reso~utian. The Assistant County Manager presented the Board with the preliminary paving~Assessment Resolutions for both State Road # 1878, also known as New Hope Drive and State Road # 1593, also known as Little River Drive. The Board set March 17,. 1981, as the time for the Public Hearing on these Preliminary Paving Assessment Resolutions,. (Commissioner Walker left during this discussion). Commissioner Willhoit moved. to adopt the Preliminary Paving Assess- ment Resolution for 5R 187$ (New Hope Drive) on a cost assessment based on a per linear foot of street frontage; Commissioner Whitted seconded the motion. Vote: !{yes, 4; noes,0. .. Commissioner Willhoi.t moved to adapt the Preliminary Paving Assess- ment Resolution for SR 1583 .(Little River Drive) on an equal share basis ~~ distributed among property owners; Commissioner Richard Whitted seconded the motion. Vote: Ayes, 4; noes, 0. . Agenda Item 14: Appointments. A. One vacancy exists on the Board of Equalization and Review. Commissioner Barnes reminded the Board that according to the Re- solution passed establishing the Board of Equalization and Review that the Board of Commissioners would have to designate a Chair to that Board. Commissioner Wil1hoit moved to appoint George Mayer, Jr. to the Board of Equalization and Review; Commissioner Barnes seconded the motion. Vote: Ayes, 4; noes, 0. Commissioner !~!illhoit moved, seconded by Commissioner Barnes, that James Wilde be named Chair to that Board of Equalization and Review. Vote: Ayes, 4; noes ,0. B. Cheeks Township seat on the Recreation Advisory Colncil. 'Che Clerk teld the Board she had misplaced those applying for this vacancy; accordingly the Board deferred action on this appointment until a later agenda. -.:: -- -- . ,_ •~ C. The Board should confirm effiective July 1, I980, the appointment of Commissioner Barnes to the Bard of Social Services. Commissioner Gustavesan so moved the retroactive appointment of Commissioner Barnes to the Board of Social Services, as.of-Ju1y 1, 1980; Commissioner Willhoit seconded the motion. Vote: byes, ~; noes, p. Agenda Items 15, 16, 17: The Board deferred aCtion•on Agenda Items 15, 16 and 17 .(The Human. Service Conference Cormtitments, Review of Budget Goal•Statements, and The Manager's Report, respectively) instructing that they be returned• to the next agenda. The Clerk was instructed to notify the Chair of the Chapel Hill Planning Board of a Rublic Hearing scheduled for the next agenda which directly con- cerned Chapel Hill Township (i.e., tt'ie rezoning request of Johnie D. Lucas). Announcements: • A. Finance Director Appointment - Cnmmissioner Richard Whitted moved to appoint Jeffrey Whone to the position of Finance Director for Orange County at Grade 78, Step 1, effective March 1, 1981; Commissioner Willhoit seconded the motion. Vote: F~yes, 4; noes, D. B. CFTA Grant The Manager told the Board that the County had been notified February 16th that there was. an additional $92,000 available if the proper papers were filed by Friday. Commissioner Whitted moved to have the staff prepare the proper documents applying for these monies; Commissioner Gustaveson seconded the motion. Vote: Ayes, 4; noes, 0. Noting the lateness of :the hour,'Commissioner Barnes declared the meeting adjourned. ~~~. Anne Barnes, Chair Paulette Pridgen-Pond, Clerk