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HomeMy WebLinkAboutMinutes - 19901016 APPROVED 12/3/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 16, 1990 The Orange County Board of Commissioners met in regular session at 7:30 p.m. in the courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners John Hartwell, Stephen Halkiotis, 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, Extension Director Fletcher Barber, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Housing Services Director Tara Fikes, Accountant Howard Fitts, Administrative Officer I Richard Poole, and Social Services Director Marti Pryor-Cook I. BOARD COMMENTS Commissioner Halkiotis referred to the Hillsborough Thoroughfare Plan and asked the Clerk to obtain additional information on the officially adopted map and the new map that is proposed by Hillsborough. II. COUNTY MANAGER'S REPORT John Link introduced the new Personnel Director Elaine Holmes. He announced that Orange County employees raised $13,700 for United Way. Also, last evening at the Orange County Board of Education meeting, the modified plan for the Efland Cheeks Community Center and Park was well received. It is expected to be approved at their next meeting. John Link announced that Tara Fikes has been appointed to the Board of Directors of the North Carolina Low Income Housing Coalition. Tomorrow the Transportation Advisory Committee will meet at 9:00 a.m. to address the Thoroughfare Plan. To again reaffirm the Board's position, a motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to restate the Board's position of opposing the Durham-Chapel Hill-Carrboro Thoroughfare Plan and in particular the Outer Loop. VOTE: UNANIMOUS Discussion ensued on the watershed standards approved by Durham County. III. ADDITIONS OR CHANGES TO THE AGENDA A resolution for Economic Development Funding by the General Assembly was added to the agenda as 6-A. IV. AUDIENCE COMMENTS 2 A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that anyone in the audience who would like to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: A. BUDGET ORDINANCE AMENDMENT #4 To approve the amendments listed below to the 1990-91 Budget Ordinance and the 4-H Program Grant Project Ordinance as stated below: GENERAL FUND Source - Intergovernmental $ 8,814 Appropriation - Human Services $ 8,814 4-8 SCIENCE PROJECT PROGRAM GRANT 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 grant project is hereby adopted. Section 1. The project authorized is the 4-H Science Project program as awarded to the Agriculture Extension Service of Orange County by the North Carolina Department of Human Resources. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - 4-H Science Project $ 10, 000 Section 4. The following amounts are appropriated for this project: Human Services - 4-H Science Project $ 10,000 Section 5. The finance officer is hereby directed to maintain within the • 3 Grant Project Fund sufficient specific detailed accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. B. PURCHASE OF NEW FIRE TRUCKS FOR NEW HOPE VOLUNTEER FIRE DEPT. To approve the resolution stated below which approves the lease and option agreement between New Hope Volunteer Fire Department and Emergency One, Inc. EXTRACT FROM MINUTES OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE, NORTH CAROLINA The Board of Commissioners of the County of Orange, North Carolina (the "Board") , met in regular session in the Courtroom of the Chapel Hill Post Office, East Franklin Street, Chapel Hill, North Carolina, the regular place of meeting at 7: 30 p.m. on October 16, 1990 with Moses Carey, Jr. Chairman presiding. The following Commissioners were: PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, John Hartwell, Shirley Marshall, and Don Willhoit. ABSENT: None. Action agenda item abstract number V-B and its attachments were presented to the Board for its consideration. The following resolution was then presented for consideration by the Board: RESOLUTION APPROVING THE LEASE AND OPTION AGREEMENT BETWEEN NEW HOPE VOLUNTEER FIRE DEPARTMENT, INC. AND EMERGENCY ONE, INC. WHEREAS, the New Hope Volunteer Fire Department has represented to the Board of Commissioners of Orange County that it needs two new pumper tanker fire trucks more specifically described in action agenda item abstract number V-B; and WHEREAS, New Hope Volunteer Fire Department is not able to pay for these fire trucks entirely with funds on hand; and WHEREAS, New Hope Volunteer Fire Department is able to borrow funds to complete the purchase of these trucks at a favorable interest rate if the loan is approved by the unit of local government with which the fire department contracts to provide fire protection; and WHEREAS, the Board of County Commissioners desires to approve a lease and option agreement between New Hope Volunteer Fire Department and Emergency One, Inc. ; NOW, THEREFORE, BE IT RESOLVED by the Board of County 4 Commissioners of the County of Orange that the lease and option agreement between New Hope Volunteer Fire Department and Emergency One, Inc. is approved. Commissioner Hartwell moved the passage of the foregoing resolution and Commissioner Halkio is, seconded the motion, and the resolution was passed by a unanimous vote. C. COUNTY BENEFIT PLAN INCLU:ION To approve the addition of one staff member of Orange Community Housing Corporation to the County's benefit plan for at least one year beginning November 1, 1991 by contract as approved by the County Attorney. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS ADDED ITEM A. RESOLUTION - ECONOMIC D-'ELOPMENT FUNDING BY THE GENERAL ASSEMBLY Motion was made by Con "issioner Marshall, seconded by Commissioner Hartwell to approve a esolution as stated below for the release of funds that were appropri-ted to councils of governments to be used to pursue economic and commu ity development opportunities. RESOL IION BY ORANGE •OUNTY WHEREAS, in North Carolina t e Lead Regional organizations, as voluntary organizations serving muni, ipal and county governments, have established productive working re ationships with the cities and counties across the state: and WHEREAS, many counties and cities continue to need assistance, in pursuing economic and communit development opportunities, but federal assistance in the form of i tergovernmental revenues has been severely curtailed in recent years; .;nd WHEREAS, the 1990 General Ass,mbly recognized this need through the appropriation of $960,300 to he p the Lead Regional Organizations assist local governments with grant a•plications, economic development, community development, and to supp•rt local industrial development activities and other activities as seemed appropriate by their local governments; and WHEREAS, these funds are not ntended to be used for payment of members' dues or assessments to L-ad Regional organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of government for release of these finds to our Regional Council, the 5 available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $53, 350 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park. NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners request the release of its $7, 130.29 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 1066, Senate Bill 1426, Section 42 of the 1990 Session Laws. VOTE: UNANIMOUS VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS A. HOUSING DEVELOPMENT GRANT APPLICATION A proposed 1990 Housing Development Grant Application was presented to receive comments from the public. The application is a request for funds to assist Habitat for Humanity with their road paving efforts in Chestnut Oaks. John Eckblad and Dave Nichols spoke in support of this proposal. There were no further comments. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the submission of the Housing Development Grant Application and authorize the Chair to sign. VOTE: UNANIMOUS IX. REPORTS A. 1989-90 COMPREHENSIVE ANNUAL FINANCIAL REPORT Ken Chavious made comments and gave an overview of the financial report. As of June 30, the undesignated fund balance was 4.1 million of general fund expenditures. There was a 29% increase in investment earnings during FY 1989-90. Rex Price from Deloitte and Touche commended the County for their accounting practices. B. REPORT - SENATE BILL 766 Marvin Collins explained that the county would need to amend its ordinances to reflect this new legislation. This would include defining in a specific way what is meant by site specific development plan and a phased development plan. Actually, the bill has no great impacts upon the County as a whole. The major difference between this bill and the current practice is the time frame involved. The present 6 Ordinance sets the time limit for a preliminary plat at one year. The bill allows a person to have a two year vested right period. The Ordinance Review Committee will bring forth in May, 1991 proposed amendments to conform to this Bill. The effective date is October 1, 1991. B. ITEMS FOR DECISION - REGULAR AGENDA A. STREET NAME CHANGE - OLD N.C. HIGHWAY 86 Following a discussion on the naming of the section of Old 86 which extends from Interstate 85 to New Hope Church Road/Arthur Minnis Road, motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to change the name of Old N.C. Highway 86 to Old Chapel Hill-Hillsborough Road. VOTE: UNANIMOUS B. ASSIGNMENT OF HOUSE AND BUILDING NUMBERS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the proposed house and building numbers for all residents of Hillsborough routes 7 and 3, followed by notification of the Hillsborough Postmaster, and the N.C. Department of Transportation, as required by G.S. 153A-240. Commissioner Hartwell noted that this action would confirm other road names in the area and asked Don Powell of the Planning Department if the name of the road near Grady Brown School had been settled. Mr. Powell replied that the neighborhood had reached agreement and that it was named "New Grady Brown School Road" on both sides of its intersection with Orange Grove Road. VOTE: UNANIMOUS C. REPATRIATION PROGRAM GRANT PROJECT Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt the grant project ordinance as stated below: DEPARTMENT OF SOCIAL SERVICES REPATRIATION PROGRAM GRANT 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 grant project is hereby adopted. Section 1. The project authorized is the Repatriation Program to be implemented by the Orange County Department of Social Services under the provisions of Section 1113 of the Social Security Act. Section 2. The officers of the County are hereby directed to proceed with the grant project in accordance with the grant documents, the rules and regulations of the US Department of 7 Health and Human Services and the North Carolina Department of Human Resources, and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Repatriation Program Reimbursements $ 25, 000 Section 4. The following amounts are appropriated for this project: Human Services - Repatriation Program $ 25,000 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. This ordinance shall be in effect from October 16, 1990 through June 30, 1991. VOTE: UNANIMOUS D. 1991-92 BUDGET PUBLIC FORUM Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to approve setting a public hearing for November 20, 1990 at a meeting scheduled for 7:30 p.m. in the Superior Courtroom in Chapel Hill. VOTE: UNANIMOUS E. SOLID WASTE LITTER DURING TRANSPORTATION VEHICLE SAFETY OILING OF PUBLIC ROADS With regard to the solid waste litter during transportation and vehicle safety, the Board gave their endorsement and support of the Sheriff and his deputies in their enforcement activities. A letter will be sent to the Orange County Division of the North Carolina Highway Patrol and the North Carolina Division of Motor Vehicles for encouragement of their continued assistance and help in ensuring that only safe vehicles travel the roads of Orange County. With regard to the oiling of public roads, motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt 8 the following policy (policy 1450 in the Commissioners' Policy Manual) : POLICY: RESPONSE OF ORANGE COUNTY GOVERNMENT TO OILING OF ROADS LOCATED WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY All inquiries of and complaints made to county government regarding road oiling shall be referred to the county engineer, including inquiries from the general public, the press or other employees and agencies of Orange County government. The Sheriff and his deputies, if road oiling is observed or if they observe that roads have been oiled, will also notify the county engineer. The county engineer, in consultation with the environmental Health Division of the Orange County Health Department will gather as much data on the road oiling incident as is available and immediately thereafter notify the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, of the incident. The North Carolina Department of Transportation will also be notified in all instances where the road oiling has occurred or is occurring on state-maintained roads. It is the intention of this policy for Orange County to provide the appropriate State agencies with the basis for conducting investigations and enforcement actions concerning road oiling in the unincorporated areas of Orange County if appropriate and notifying federal authorities if appropriate. The information reported by the county engineer is intended to aid that investigation and enforcement process. VOTE: UNANIMOUS. F. PROPOSED AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS AND PRIVATE ROAD STANDARDS Proposed amendments to Sections IV and V of the Orange County Subdivision Regulations and to the Orange County Private Road Standards are intended to clarify situations where private roads are appropriate and to emphasize that County involvement with a private road ends once it is constructed and certified to meet County standards. All amendments will be incorporated into the Subdivision Ordinance. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the proposed amendments per the Planning Board recommendation, with the addition of clarifying language to Section IV-B-3-d-l.l.a as recommended and to make the effective date of the proposed amendments December 3, 1990. VOTE: UNANIMOUS G. CLARIFICATION OF CHARGE AND COMPOSITION OF THE CABLE TV 9 CITIZEN ADVISORY COMMITTEE Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to direct staff to reactivate the Cable TV Citizen Advisory Committee and to develop with the committee a comprehensive charge/mission statement to bring back to the Board for approval. VOTE: UNANIMOUS XI. APPOINTMENTS The following appointment was approved by the Board: CARRBORO PLANNING BOARD - Judith Williams XII. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for the January 18, 1990 Rural Character Work Session as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the minutes for the April 10 Work Session on Senate Bill 2. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes for September 18, 1990 as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for October 1, 1990 as circulated. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to go into Executive Session to discuss litigation. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go back into regular session for adjournment. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for discussion, Chair Moses Carey, Jr. adjourned the meeting. The next regular meeting of the Board will be held on November 5, 1990 at 7:30 p.m. in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. 1 Moses Carey, Jr. , Chair 2 Beverly A. Blythe, Clerk