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HomeMy WebLinkAboutMinutes - 19900220 PAGE 1 APPROVED 3/21/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, FEBRUARY 20, 1990 The Orange County Board of Commissioners met in regular session on February 20, 1990 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr: , Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Planners Gene Bell, Jim Hinkley, Mary Scearbo and Emily Crudup, Purchasing Director Pam Jones, Department on Aging Director Jerry Passmore, County Engineer Paul Thames, and Budget Administrator Rod Visser. NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. BOARD COMMENTS A brief discussion ensued on the Public Private Partnership Conference that will be held in Boulder, Colorado in April. Chairman Carey informed the Board that the PPP Board of Directors voted to add nine additional persons. Chairman Carey recommended that Hillsborough Town Commissioner Bob Rose be appointed. Chairman Carey and Commissioner Willhoit plan to attend the meeting in Boulder. Commissioner Hartwell made reference to an article on the Public Information Network and stated that the basic idea is that citizens at home equipped with computers and modems from the County can access information about the County. He explained how the system would work. Hartwell would like for the County to move forward on this proposal by the Computer Club. The County Manager will review the proposal and report back to the Board. Corr.nissioner Halkiotis commended the Emergency Squad for their efforts to save the life of a retired senior citizen, Mr. Robert Huff, Sr. He worked as a security guard at Orange high School and suffered a heart attack at Orange High which took his life. Commissioner Halkiotis stated that he has been informed by the Public Works Department that a recycling center for used motor oil would be in operation beginning April 19 at the Eubanks Road site. II. COUNTY MANAGER'S REPORT John Link announced that Recreation and Parks Director Mary Anne Black has successfully completed a two year Parks and Maintenance Management School. She finished first in a class of 103. He asked Wilbert McAdoo to give a progress report to the Board on the selection of a Landfill Site Committee. REPORT ON THE SELECTION OF A LANDFILL SITE COMMITTEE Public Works Director Wilbert McAdoo reported that 42 applications were received- as follows: 1-Little River, 0-Eno, 2-Cedar Grove, 3-Cheeks, 2-Bingham, 5-Hillsborough, PAGE 2 and 29-Chapel Hill Township. The application deadline has been extended to March 2. The goal is to receive three (3) applications from each township. III. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey added to the Executive Session a session for consultation with the County Attorney. IV COMMENTS A. MATTERS ON THE PRINTED AGENDA Those in the audience who have indicated a desire to speak will be recognized at the appropriate time. B MATTERS NOT ON THE PRINTED AGENDA Jay Zaragoza stated he attended the last EDC meeting. There was a report from TJCOG and they compared the costs for a regional telephone toll-free dialing area. He asked that the Board support this effort. Commissioner Marshall informed Mr. Zaragoza of the Board's support and on-going efforts for the last two years for the extended area service. Letters have been written to all governmental bodies in the area covered by this extended calling area as well as to other organizations soliciting support. The Utility Commission will hold a public hearing so that citizens will have an opportunity to comment on the proposal. PUBLIC CHARGE Moses Carey, Jr. read the Public Charge. V. ITEMS FOR DECISION = CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the Consent Agenda as stated below: A. LEASE FOR THE CENTEL BUILDING Approve and authorize the Chair to sign a five-year lease with Centel for space to relocate the Departments of Purchasing and Central Services for an amount of $17,500 per year contingent upon Attorney and staff review. B. BUDGET ORDINANCE AMENDMENT #7 Approve amendments to the 1989-90 Budget Ordinance as stated below: GENERAL FUND Source - Intergovernmental $ 1,123 Appropriation - Human Services 1,123 (to budget for additional WIN funds for the Dept. of Social Services) Source - Intergovernmental $ 5,730 Appropriation - Human Services 5,730 (to budget for Emergency Food & Shelter funds awarded to the Dept. of Social Services) C. GRANT PROJECT ORDINANCE AMENDMENT FOR FRIENDS OF BLACK CHILDREN Approve the grant project ordinance amendment for the Friends of Black Children Program which will increase the budget of this program by $14,264. The project ordinance is stated below: PAGE 3 GRANT PROJECT ORDINANCE FRIENDS OF BLACK CHILDREN PROGRAM Be it ordained by the Board of Commissioners of Orange County, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the ordinance adopting the "Friends of Black Children Program" is hereby amended as follows: Section 1. Section 3 of the above mentioned ordinance is amended to read as follows: Intergovernmental - Friends of Black Children $ 32,594 Section 2. Section 4 of the above mentioned ordinance is amended to read as follows: Human Services - Friends of Black Children $ 32,594 D JAIL IMPROVEMENTS CAPITAL PROJECT ORDINANCE Approve the capital project ordinance as stated below to appropriate Federal grant funds for the Jail Improvements Capital Project. JAIL IMPROVEMENTS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized will provide improvements to and expanded capacity at the Orange County Jail. The project will be financed by an appropriation from the County Capital Reserve Fund and federal grant funds. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. the following revenue is anticipated to complete this project: Transfer from County Capital $382,000 Reserve Fund 221,825 Intergovernmental Total Revenue $603,825 Section 4. The following amount is appropriated for this project: Jail Improvements $603,825 Section 5. This ordinance supersedes all previous Jail Improvements Capital Project ordinances. E. RESOLUTION TO APPLY FOR UMTA SECTION 18 TRANSPORTATION FUNDS To approve and authorize the Chair to sign a resolution to apply for UMTA Section 18 funding with the North Carolina Department of Transportation for replacement of one van in the Orange County C.A.T. Program. The resolution is stated below: PAGE 4 APPENDIX A RESOLUTION FIRST TIME APPLICANT Seeking Permission To Apply For Section 18 Funding Enter Into Agreement With The North Carolina Department of Transportation And To Provide The Necessary Assurances A motion was made by Commissioner Marshall and seconded by Commissioner Halkiotis for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, County of Orange, hereby assures and certifies that it will comply with the Federal Statutes, regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the chair of Orange County Commissioners is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. F AUTHORIZATION OF THE RSVP RENEWAL APPLICATION AND AGREEMENT To approve the RSVP resolution as stated below, the application and agreement and authorize the Chair to sign the application and Notice of Grant Award when they are received. A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissioners of Orange County that the Commissioners authorize the County Manager to submit an application to ACTION for a $26,010 grant for continuation of the Retired Senior Volunteer Program for twelve months and to certify to the federal government the willingness of the County to assure a minimum of 30% in cash, goods, and services as the non-federal share in support of the program. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS - N O N E PAGE 5 VII. SPECIAL PRESENTATIONS - N O N E VIII. PUBLIC HEARINGS A MINORITY PARTICIPATION GOALS Purchasing Director Pam Jones presented for citizen comments a resolution for minority participation goals. She explained that last year the General Assembly made some modifications in the statutes that govern how local governments contract for construction projects. Previously, the County had to do multiple prime contracts which means that if the job was over $100,000 and any component of the contract was over $10,000, a separate contract had to be let. The County now has the latitude to also bid a single prime contract. In addition to the single prime, there was a clause added that is intended to encourage participation of minority businesses in local government construction contracts. Each local government is expected to set a percentage participation goal. A verifiable goal of 10% is recommended. It is equal to the goal set by Alamance County, Durham County, the Town of Chapel Hill and Orange County Schools. This goal is meant only to assure minority business participation in the bidding process. Jones summarized the plan developed for Orange County to achieve a goal of 10%. This plan is in the permanent agenda file in the Clerk's Office. The plan is specifically addressed toward construction (building) contractors, not engineers or architects. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. Alice Gordon asked how the County would be sure that the prime contractor has made an effort to contact minority businesses. Pam Jones stated that the contractor will be required to list the contractors that they contacted and she will check to be sure they have been contacted. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to close the public hearing. VOTE: UNANIMOUS 1 ADOPTION OF RESOLUTION FOR MINORITY PARTICIPATION GOALS Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to adopt the resolution as stated below which establishes a verifiable goal of 10% for participation by minority businesses for construction projects greater than $100,000.00 and authorize the Chair to sign on behalf of the Board. RESOLUTION TO ESTABLISH A VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY BUSINESS IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143-128 WHEREAS, the North Carolina General Assembly enacted Chapter 480 and Section 74.17 of Chapter 770 of the 1989 Session Laws, thereby rewriting North Carolina General Statute 143-128; and WHEREAS, N. C. G. S. 143-128 (c) requires each city, county or other public body to adopt, after notice and a public hearing, an appropriate verifiable percentage goal for participation by minority businesses (as defined in that statute) in the total value of work for building contracts and costs of which exceed one hundred thousand dollars ($100,000) and which are awarded pursuant to N. C. G. S. 143-128; and PAGE 6 WHEREAS, N. C. G. S. 143-128 (c) (3) requires an authority awarding a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system to adopt written guidelines specifying actions that will be taken by the awarding authority to ensure a good faith effort in the recruitment and selection of minority businesses for building contracts awarded under the separate prime or separate prime or separate specification contract system; and WHEREAS, N. C. G. S. 143-128 (c) (4) requires an authority awarding a building contact the cost of which exceeds one hundred thousand dollars ($100,000) under a single-prime contract system to adopt written guidelines specifying the action that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for building requires that action take by the prime contractor must be documented in writing by the contractor to the appropriate awarding authority; and WHEREAS, N. C. G. S. 143-128 (b) requires that a public body choosing to use a single-prime contract system must also seek bids for a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system and must award such building contract to the lowest responsive bidder or bidders for the total project; and WHEREAS, N. C. G. S. 143-128 (d) requires the state and its political subdivisions to award public building contracts the costs of which exceeds one hundred thousand dollars ($100,000) without regard to race, religion, color, creed, national origin, sex, age or handicapping condition; and WHEREAS, notice of the public hearing was duly published in The Chapel Hill Newspaper and The News of Orange and the public hearing required by N. C. G. S. 143-128 (c) was held February 20. 1990: and NOW THEREFORE, BE IT RESOLVED by the Orange County Board of County Commissioners. 1. That the Orange County Board of County Commissioners shall have a verifiable goal of ten percent for participation by minority businesses in building construction n contracts awarded pursuant to N. C. G. S. 143-128. 2. That the official, employee or agent responsible for advertising such contracts shall compile a list of minority businesses within the bidding area, using information obtained from the North Carolina Department of Economic and Community Development, Minority Business Development Agency or from other institutions or agencies providing such information. This list shall be updated on an annual basis and shall be open for inspection and shall be available so that minority businesses will have the opportunity to add their names to the list. Copies of this resolution shall be transmitted to the businesses on the list as soon as practicable along with the name of the official, employee or agent who shall serve as the contact person for minority businesses and be responsible for answering project related questions posed by minority businesses. 3. That for each such building contract put out for bids under the separate specification or the single prime contract systems, notice of the contract shall be transmitted to minority businesses on the above list. PAGE 7 4. That for each such building contract putout for bids under the separate specifically or single prime contract systems, documents related to the contract shall be available for inspection at a convenient and accessible location of which minority businesses shall receive notice. 5. That for each such building contract put out for bids under the separate specification or single prime contract systems, the contact person designated pursuant to paragraph 2 above shall hold a pre-bid conference to orient contractors and subcontractors to the policy expressed in this resolution as well as bid procedures and regulations. Minority businesses on the list obtained and maintained as provided herein shall be notified of and invited to these pre-bid conferences. 6. That for each such building contract put out for bids under the separate specification or single prime contract system, published notice of the contract shall include a summary of this resolution. 7. That for any such building contract put out for bids under the separate specification contract system, the contact person designated herein shall maintain records with respect to: (a) those contractors or subcontractors notified of the project and the number of these contractors and subcontractors that are minority businesses as defined in G.S. 143-128 appearing on the list of minority businesses maintained pursuant to paragraph 2 herein, (b) those contractors or subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses, (c) those contractors or subcontractors awarded contracts as part of the project and the number and identity of those that are on the list of minority businesses, and (d) the percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this resolution. 8. That for any such building contract put out for bids under the single prime contract system, the single prime contractor shall: (a) notify those minority businesses appearing on the list minority businesses maintained pursuant to paragraph 2 of the portion of the project which will be subcontracted by the single contractor and solicit bids from those minority businesses. (b) submit with his bids records with respect to: (1) those contractors notified of the project and of those elements of the project for which subcontractors will be let and the number of these subcontractors that are minority businesses as defined in G.S. 143-128 appearing on the list of minority businesses maintained pursuant to paragraph 2 herein, (2) those subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses, and PAGE 8 (3) those subcontractors awarded contracts as part of the project and the number and identity of those that are on the maintained list of minority businesses, and (4) the percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this resolution. 9. That these policies shall be a part of the request for proposals for any such contract, and noncompliance by any single prime bidder shall be grounds for declaring the bid non-responsive. 10. That this resolution shall become effective upon its adoption. VOTE: UNANIMOUS IX. REPORTS A. REPORT ON PROPOSED NATURAL GAS TRANSMISSION LINE Planner Mary Scearbo reported that in response to a citizen's inquiry about a survey for a natural gas pipeline in northern Orange County, she has investigated and found that there is a natural gas pipeline being proposed by the Public Service Company of North Carolina. The general route extends from the existing regulating station on highway 70 near Buckhorn Road and is proposed to extend to Leasville, North Carolina. She showed on a map the location of this pipeline. There is some preliminary survey work being done at this time. The process of that survey is expected to take one to two years. The pipeline would be contained within a 50-foot easement. The pipeline itself would be twelve to eighteen inches and the pressure within that line would be 500-700 pounds per square inch. According to the Zoning Ordinance this would require approval of a Class B Special Use Permit from the Board of Adjustment. The public service company has been informed of this requirement. The work which was observed in Eno Township is not being pursued at this time. Mr. J. W. Brown, Project Engineer from the Public Service Company of North Carolina, showed on a map the high pressure lines already in existence. He proceeded to show how the proposed pipeline would provide a crossfeed to increase the availability of natural gas to the growth areas. They are surveying this area in an effort to find a preliminary route through this area that they can in fact locate a 50-foot right-of-way. The size of the pipe has not been determined. The pipeline does not follow the road right-of-way because of State regulations and because of safety reasons. The life expectancy of the lines is more than 40 years. While the company has the right to elect the route of the pipeline, they try to work with the property owners. Once a route is selected, they hire a contractor that has right-of-way agents who do property studies to come up with a land value. After that they contact the property owners in an attempt to purchase the right-of-way. Attorney Victor Bryant stated that they do have the right of eminent domain. This statute does prohibit condemnation of dwellings, yards, gardens, cemeteries, etc. They are restricted by law as to where they can go. He assured the Board that they always try to choose the open areas so that it will not limit a property owner to the use of his property. Under this condemnation law they are given the right to survey. He noted that a letter went out to the property owners of whose land they thought may be involved with this survey. He read the letter that was sent out. Once the line is established, each individual property owner will be contacted in an effort to secure a voluntary right-of-way agreement through the payment of damages. If they can't reach an agreement they then resort to the Eminent Domain statute and he explained the process that is followed. The property owner does have the right to use the right of way for anything that would not interfere with the pipeline. PAGE 9 Commissioner Halkiotis emphasized to the Public Service Company the importance of keeping the County informed of their actions. They assured the Commissioners they would keep them informed through contacts with Mary Scearbo of the Planning Staff. Mr. Zaragoza commented that the County Commissioners may want to establish a policy requiring pipe lines to follow other easements or existing right-of-ways. Commissioner Willhoit cautioned the Board on such a policy stating there may be a hazard in locating high voltage transmission lines and a pipe line in the same location. This will be researched. B. COMPLETE COUNT COMMITTEE Chair of the Complete Count Committee Norman Gustaveson informed the Board of the progress of this Committee. He stated that the Committee met with the area Census Bureau personnel. The main concerns have been identified and subcommittees appointed to handle these concerns. What is crucial to this program will be the followup to make sure people return their census forms. The long forms are complicated and it will be important to have volunteers to assist in completing these forms. Confidentiality must be stressed. The importance of returning this form is vital to the community. Census week will begin on March 23. C. SEWAGE TREATMENT SYSTEM _ CARDEN'S MOBILE HOME PARK County Engineer Paul Thames referred to the background information on the situation as contained in the report in the agenda along with two maps of the area. The sewage treatment facility is basically a septic tank which drains into a sand filter and then discharges into a roadside ditch which runs under the road, through a field and pools behind Mr. Stevens' home until it soaks into the soil or evaporates. The owner of the park is being required by DEM to replace this system with a packaged waste treatment plant which should drastically improve the quality of the discharged sewage water. They are not requiring that he change his point of discharge. A public hearing on the special Order by Consent (agreement listing conditions agreed upon by DEM and the owner of Carden' s on operation of the facility) will be held March 29 in Superior Courtroom. Thames recommends that the point of discharged be changed. The affluent from the package plant could flow by gravity into a pump station and be pumped to the east along and in the right-of-way of Highway 70 and discharged into Stoney Creek which lies approximately 1800 feet east of Carden's. It is not known at this time if DEM will approve this change in point source discharge. Joel Williams, the present owner of Carden's has indicated he will do whatever is necessary to make this system acceptable to the community. Carden's is under an order whereby they cannot add any trailers to the park or replace one that vacates. Commissioner Halkiotis asked if the trailer park could be closed down until this is resolved. County Attorney Geoffrey Gledhill stated that the County Health Director would have this authority if it was determined there is a public health hazard. Chairman Carey expressed concern about the pooling of the waste and the rights of this private land owner. He emphasized that the County should do all it can to remedy the situation. It was decided that the Health Director will survey the situation to ascertain if it constitutes a public health nuisance. If it is not determined a public nuisance, the Board could pass a resolution asking DEM to look at their standards for handling such situations. This resolution would be read at the public hearing on Carden's. Paul Thames explained that DEM has indicated they understand the problem, but there has been no commitment that they would force Carden's to change the discharge. What DEM did say was that if he does not meet the affluent limitations as set by them that they will revoke his discharge permit. At that time, some method of onsite disposal must be found or the trailer park would have to close. PAGE 10 X. ITEMS FOR DECISION = REGULAR AGENDA A CABLEVISION OF DURHAM FRANCHISE PROPOSAL Albert Kittrell reported that Cablevision of Durham submitted a Cable TV Franchise proposal requesting a five year delineated Franchise Agreement. Cablevision of Durham desires to provide cablevision service to approximately 253 homes in specific areas of northeastern Orange County. An investigation as to whether cable companies currently in the county could serve the northeastern areas was done. Alert Cable's service areas are not located in this part of the county. Carolina Cable service lines are as close as 1.5 miles from one area in the proposal and as far as 3 miles from other areas and it is anticipated they will extend service to the northeastern areas. Cablevision is requesting to serve a portion of the county for a very limited time period. Terrell Mayton, Vice-President of Marketing and Customer Service, stated they are requesting a delineated franchise to serve those areas adjacent to the Durham County line from Orange County. They receive numerous calls from citizens requesting this service. Commissioner Hartwell questioned the capability of Durham Cablevision having the mechanism to be able to telecast a program which may originate from Orange High School under the auspices of another cable company to homes of students who attend Orange High. Mayton emphasized their commitment to community programming and gave several examples. Their motivation is that there is a group of citizens who are within sight of their service and they have the capability of servicing them with minimum delay. The other cable companies are quite a distance from this area and it is not clear when they plan to extend service to those areas. Durham Cablevision's engineer stated that they have done much of the preengineering for the area under consideration. The mapping and system design is complete. They can provide service within 120 days. Randy Houser of Carolina Cable disputed this information stating that they are in the make-ready process which means that whoever applies first can build first. Until Carolina Cable is finished with their construction, Cablevision cannot perform any work there. He feels it cannot be done in 120 days. He pointed out to the Board that Cablevision of Raleigh/Durham has been operating in Orange County for at least a year without a franchise which is in direct violation of the County Ordinance as amended last year. A review of those portions is necessary at this time. He showed on the map where cablevision has infringed on their area. The County was notified of this last March. This means that Cablevision is not paying a gross receipt tax which Orange County is entitled to under the Ordinance. He pointed out that in the area of Cornwallis Road, Cablevision has applied for a makeready essentially to prohibit Carolina Cable from doing construction in violation of the ordinance which states that county construction on county right-of-ways is prohibited without a franchise. He asked what procedures the County intends to take to enforce the ordinance that is already approved to ensure that a granting of a franchise to Cablevision is applied equitable. Carolina Cable does not plan in the immediate future to serve the Maple Ridge, San Reba area. The area north of St. Mary's Road is an area where they can't reach directly because there is no Orange County right-of-way. They would have to go into Durham to get back to Orange County. They are currently constructing line in the St. Mary's/Pleasant Green area. Chair Carey stated, in answer to a question from John Link, that if the people in the area being discussed want cable and it can be provided by the present provider in Orange County, that that should be the process. However, if Carolina Cable cannot provide the service and it can be provided by another company, that it should be done. Commissioner Halkiotis asked that the cable issue be simplified so that everyone can understand it. He asked about the allegations of Cablevision of Raleigh/Durham being in violation of the present ordinance. PAGE 11 Geoffrey Gledhill stated that during the staff work they became aware that Durham Cable was in the Saddle Drive Big Fork area and also in the Kerly Road area. They were assured by the Durham Cable people that they did not know they were in Orange County. The staff has determined that it is not going to be practical for Carolina Cable or any other Cable TV company to serve those areas. Their thinking was that if the County Commissioners considered a franchise with Durham Cablevision that it would be done on two basis: (1) franchise the places that they have encroached upon in the County on somewhat of a delineated area but on a longer term basis because no one else is going to serve those people and (2) grant a franchise for a short period of time for those places that Carolina Cable plans to serve in the future. If Carolina Cable is ready to move into the St. Mary's Road/ San Reba Woods area and the Maple Ridge Mobile Home Park area, it could change the recommendation that will come back for Board consideration. Commissioner Halkiotis asked to be informed of these kinds of situations where one cable company encroaches on an area without proper authorization. This was referred to the Manager for a recommendation to be presented to the Board for their consideration. B. CK PROPERTIES CONCEPT PLAN APPEAL The concept plan for CK Properties was considered by the Planning Board on March 6, 1989. The property is located on the south side of Dairyland Road approximately 800 feet west of the intersection with Dodsons Crossroads. The property is zoned Residential-1; the Land Use Plan designation is Rural Residential. The total acreage is 4.063 acres. Four lots are proposed. The '`applicants are requesting an appeal from the County Commissioners. The applicants have proposed a private road and the Planning Staff determined that a private road would not be justified in this case. Extended discussion ensued with the developer Steven Kelly stating his reasons for building a private road instead of a public road. Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve the concept plan for CK Properties with a public road built to State standards. VOTE: AYES, 4; NOES, 1 (Commissioner Hartwell) C. APPROVAL OF WORK PLAN FOR UPDATING THE ORANGE COUNTY TRANSPORTATION DEVELOPMENT PLAN AND STEERING COMMITTEE MEMBERSHIP In order for the County to qualify for state and federal transportation funding, it must have an approved and enacted Transportation Development Plan. The present plan will expire at the end of 1990. The County would be required to provide a 10% local match for a state hired consultant to prepare the TDP. The Department on Aging would provide the match out of the existing C.A.T. transportation budget. The proposed TDP update will study the need for a rural public transportation system and expand agency participation in the Coordinated Agency Transportation (CAT) Program. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the work plan and the steering committee membership with the condition that the plan be reviewed by the Regional Mass Transit Authority. VOTE: UNANIMOUS. D. ANNUAL ACHIEVEMENT AWARD COMPETITION (NACo) Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve the four entries as listed below for submission to NACo. Land Records Computer Access System Orange County Coordinated Agency Transportation Program Friends of Black Children Orange County's Signage Program PAGE 12 VOTE: UNANIMOUS E. 1990 BOARD OF COUNTY COMMISSIONERS GOALS John Link presented for approval the goals to be pursued for 1990 as recommended by the management staff and department heads. He distributed the goals for Economic Development that were inadvertently left out. The following changes were made to the document: (1) add the date of May 1 under objective 3 - education (2) add a meeting between elected officials between C & D of objective 3 on Water Resources (3) add under education "report on the roofs" (4) rework the timeframe to accelerate establishing an East Chapel Hill senior center and plan for longterm solutions to provide such a facility (5) add some specificity to the section on septic tanks and alternative systems (6) develop a goal for controlling the dog population in conjunction with the Health Board, Animal Control Office and APS Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to adopt the goals and related plans of action as amended. VOTE: UNANIMOUS F PYROTECHNICS PERMIT FOR THE UHC SMITH CENTER Purchasing Director Pam Jones presented for the Board's consideration two fireworks permits of the Smith Center's concerts on March 1 and March 3, 1990. Jeff Elliott, Smith Center Director, explained that the firework displays were very limited and do not damage the stadium. He asked that the procedure be simplified to allow them to secure a blanket approval for concerts using fireworks. The County Manager was requested to check with other Counties to see how they handle firework permits and report back to the Board. Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve a fireworks permit for the University of North Carolina-Chapel Hill, for March 1 (New Kids on the Block concert) and for March 3 (Janet Jackson concert) ; contingent upon approved site inspection by the Town fire Officials and authorize the Chair to sign on behalf of the Board. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) G. REQUEST FROM THE UNIVERSITY LAKE WATERSHED WORK GROUP Marvin Collins presented for the Board's consideration a request by the University Lake Watershed Work Group to include additional options for consideration at the February 28, 1990 public hearing. On February 15, 1990, the University Lake Watershed Work Group met to review the specific proposals developed by Orange County. The Work Group agreed with the need to present a range of options for protection of the watershed. The Work Group requested that additional wording be included to address the following: 1. Impervious surface limits as included in the proposed 13-point agreement developed by the Work Group, and 2. Number of two-acre lots which may be created from existing lots of record. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall that the proposals of the University Lake Watershed Work Group be included among the items for consideration at the February 28, 1990 public hearing. VOTE: AYES, 4; NOES, 1 (Commissioner Hartwell) PAGE 13 XIs APPOINTMENTS The Following appointments were approved by the Board: EMERGENCY RESPONSE PLANNING COMMITTEE-Fletcher Barber HUMAN SERVICES ADVISORY COMMITTEE - EDWARD BROOKS AND EDITH HUBBARD HILLSBOROUGH PLANNING BOARD - RUDOLPH DEETJEN III HILLSBOROUGH BOARD OF ADJUSTMENT - MARIANNE WOLF ORANGE COUNTY PLANNING BOARD - LARRY REID XII. MINUTES Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve the minutes for the January 23, 1989 regular meeting as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to go into Executive Session to discuss a personnel matter and to consult with the County Attorney. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to come out of Executive Session. VOTE: UNANIMOUS. XIV. ADJOURNMENT Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to continue the meeting to 6:00 p.m. on February 26 to continue the Executive Session. VOTE: UNANIMOUS. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk