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HomeMy WebLinkAboutMinutes - 19901105Ir t APPROVED 11/20/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 5, 1990 The Orange County Board of Commissioners met in regular session on November 5, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen Halkiotis, Commissioners John Hartwell (arrived at 7:45) , Shirley E. Marshall and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Economic Development Director Ted Abernathy, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Housing Services Director Tara Fikes, Personnel Director Elaine Holmes, Planners Jim Hinkley, Don Powell and Mary Scearbo, Secretary V Teresa Pope, Public Works Director Wilbert McAdoo, County Engineer Paul Thames, and Budget Administrator Rod Visser. NOTE: All items referenced in these minutes are in the permanent agenda file in the Clerk's Office. I. BOARD COMMENTS - None II. COUNTY MANAGER'S REPORT - None III. ADDITIONS OR CHANGES TO THE AGENDA Item XII - Minutes were deleted from the agenda. A change order for the Old Courthouse landscaping was added as item X-G. One appointment was added for a representative to the Aids Service Agency of Orange County. The case of Hoyle King was deleted from item X-D IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those citizens in the audience who wish 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 Marshall, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: 2 A. ANNUAL CONTRIBUTIONS CONTRACT - SECTION 8 CERTIFICATE/VOUCHER PROGRAM To adopt a resolution as stated below authorizing the Chair to sign an Annual Contributions Contract for the Section 8 Existing Certificate and Voucher Program on behalf of the Board. This amendment to the Annual Contributions Contract provides an additional $128,414 to be used in the Section 8 Existing Voucher Program. This will enable the Housing and Community Development Department to provide rental assistance to 37 additional families in the County. RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government") . NOW, THEREFORE BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A-2903-E, is hereby approved and accepted both as to form and substance and the Chairman is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Chairman is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The Chairman is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This resolution shall take effect immediately. B. BUDGET ORDINANCE AMENDMENT #5 To approve amendments to the 1990-91 Budget Ordinance, a grant project ordinance and two capital project ordinances. LITTLE RIVER FIRE DISTRICT FUND Source - Appropriated Fund Balance $ 10, 000 Appropriation - Remittance to Little River Fire District $ 10, 000 (To appropriate unappropriated fund balance for the Little River Fire District) . GENERAL FUND Source - Intergovernmental $ 480 3 Appropriation - Human Services 480 (To budget for additional funds awarded to the Health Department) SECTION 8 PROGRAM BLOCK GRANT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13 .2 of Chapter 159 of General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the Housing Authority project as described in the work statement contained in the grant agreements NC-19-K104001-001, NC-19-V104001-002 and NC-19- E104001-008 between this unit and the U.S. Department of Housing and Urban Development. This project is more familiarly known as the 1990-91 Section 8 Project. 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 U.S. Department of Housing and Urban Development and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental: Existing $1,700,519 Moderate Rehab 450,750 Voucher 490,958 Total Revenue $2,642,227 Section 4 The following amounts are appropriated for this project: Rental Assistance: Existing $1,537,482 Moderate Rehab 410,412 Voucher 454, 642 Administration: Existing 163,037 Moderate Rehab 40, 338 Voucher 36,316 Total Appropriations $2,642,227 Section 5. This ordinance supersedes all previous Section 8 Program Grant Project Ordinances. Section 6. The finance officer is hereby directed to maintain within the Section 8 Fund sufficient specific detailed accounting records to provide the accounting records to provide the 4 accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 7. 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 8. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. ASBESTOS REMOVAL PROJECT CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County 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 provides for removal of asbestos from various facilities within the Chapel Hill-Carrboro City School System. The project will be financed by an appropriation from the School Capital Reserve Fund. 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 School Capital $ 340, 000 Reserve Fund Section 4. The following amount is appropriated for this project: Asbestos Removal Project $ 340,000 Section 5. This ordinance supersedes all previous Chapel Hill-Carrboro City Schools Asbestos Removal Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. FIREFLOW REQUIREMENTS PROJECT CHAPEL HILL-CARRBORO CITY SCHOOLS 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 5 following capital project is hereby adopted. Section 1. The project authorized provides for construction of water lines at Seawell Elementary and Chapel Hill High Schools in order for them to meet Town of Chapel Hill code requirements. The project will be financed by an appropriation from the School Capital Reserve Fund. 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 School Capital $ 290, 000 Reserve Fund Section 4. The following amount is appropriated for this project: Fireflow Requirements Project $ 290, 000 Section 5. This ordinance supersedes all previous Fireflow Requirements Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. C. HOUSING REHABILITATION CONTRACT AWARDS To approve five housing rehabilitation contracts as listed below: Dwelling Unit Bid Amount Contractor #16 $ 7,475.00 Taylor Home Improvements #18 $ 21, 653 . 00 Morrow Construction Co. #19 $ 21,501.00 J. W. Thames Construction #22 $ 21,253.00 Morrow Construction Co. #23 $ 20, 154.00 Property Services D. RENCHER STREET CDBG FINANCIAL STATUS UPDATE This report was presented for information only. Expenditures to date total $498, 045. The public facilities improvements are near completion. Five houses have been completely rehabilitated. E. HUMAN RELATIONS COMMISSION - APPROVAL OF BY-LAWS To approve the Human Relation Commission bylaws as presented. F. CABLE TV SYSTEM ORDINANCE AMENDMENT - FIRST READING To approve amending Section XVI (a) (vi) of the Cable TV System Ordinance. This was approved on first reading. G. CABLE TV FRANCHISE - CABLEVISION OF DURHAM - FIRST READING To approve the first reading of the Cable TV Franchise 6 Ordinance between Cablevision of Durham and the County. (This Franchise will be incorporated into the minutes by reference after approval of the second reading) . H. PROFESSIONAL SERVICES CONTRACTS - AGREEMENTS BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNC DEPARTMENTS OF FAMILY MEDICINE, OBSTETRICS AND GYNECOLOGY, PEDIATRICS AND THE SCHOOL OF DENTISTRY To approve and authorize the Chair to sign medical and dental professional services contracts for the Health Department clinics. I. PROFESSIONAL SERVICES CONTRACT - AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND WAKE COUNTY OPPORTUNITIES, INC. To approve and authorize the Chair to sign the agreement between Wake County Opportunities, Inc. and the Orange County Health Department to provide dental services to the children attending the Cedar Grove Headstart Center operated by Wake County Opportunities, Inc. The County will be reimbursed $5,600 for providing these services. J. PROFESSIONAL SERVICES CONTRACT - AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND ORANGE FAMILY MEDICAL GROUP To approve and authorize the Chair to sign an agreement between Orange County Health Department and the Orange Family Medical Group to provide family medical professional services to improve the care of patients in the Department's Child Health clinic. The total cost of the contract is $7, 140. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION DECLARING HUMAN RIGHTS DAY IN ORANGE COUNTY Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to proclaim November 14th as Human Rights Day in Orange County and authorize the Chair to sign said proclamation. P R O C L A M A T I O N WHEREAS, it is necessary for the community of Orange County of North Carolina to recognize the need for understanding, tolerance, and celebration for human diversity and, WHEREAS, it is within the scope of leadership of the County Commissioners to declare a day of recognition of these values. BE IT RESOLVED THEN that the Orange County Board of Commissioners proclaims Wednesday, the 14th day of November as "Orange County Human Rights Day". VOTE: UNANIMOUS B. DRAFT LEGISLATION ON WATER TRANSFERS Lois Herring, Chair of the OWASA Board, read a prepared statement. In essence OWASA is against the legislation under review by 7 the Surface Water Study Committee. OWASA is very concerned about the possible effects of such a bill on water management in Orange County. In order to increase the current levels of water transferred from OWASA to Hillsborough, Hillsborough would have to go through a 13-point permitting process. She asked the Board's assistance in opposing this proposed legislation. JOHN HARTWELL arrived at 7:45. Commissioner Hartwell emphasized that the bill is vague, subjective and sometimes inconsistent which makes it difficult to determine its probably impact upon the environment, the economy or the operations of local government in our region. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt the resolution as stated below and authorize the Chair to sign. RESOLUTION REGARDING DRAFT LEGISLATION ON WATER TRANSFERS WHEREAS, the North Carolina General Assembly's Surface Water Study Committee will consider on November 8, 1990 legislation to restrict water transfers, and WHEREAS, the Orange County Board of Commissioners has a long standing commitment to improving the quality of life for County citizens through the wise and environmentally sensitive management of water resources, and WHEREAS, the Board has reviewed the draft bill and found it potentially detrimental to both the ecology and the economy of Orange County, Now, THEREFORE, be it resolved: 1. That the Board of Commissioners requests that members of the Surface Water Study Committee and legislators representing Orange County oppose adoption of the draft legislation, and 2 . That the Board requests that the legislature review state water law comprehensively and revise it as needed so as to bring consistency to its parts, to ensure that the capacities of streams and lakes are respected, and to encourage the efficient use of water supply resources for the benefit of all North Carolina citizens. VOTE: UNANIMOUS VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS A. RENCHER STREET CDBG PROGRAM AMENDMENT 8 Tara Fikes presented for citizen comments a Community Development Block Grant Program Amendment for the Rencher Street Community. Because of the extensive repairs required for one dwelling unit in the Rencher Street area, it is necessary to temporarily relocate the occupant during housing rehabilitation. The original Rencher Street budget does not include a line item for relocation and therefore there is a need to create a budget for this purpose. Since there were no citizen comments, motion was made by Commissioner Hartwell, seconded by Chairman Carey to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to authorize submission of the CDBG Program Amendment for the Rencher Street Community to the N.C. Department of Economic and Community Development Department and authorize the Chair to sign the amendment documents on behalf of the Board. VOTE: UNANIMOUS IX. REPORTS A. CLASSIFICATION STUDY - PHASE I REPORT John Link stated that the purpose of this study was to review and evaluate all positions to determine the proper position classification and salary grade and to prepare job specifications for each class of positions based on current job duties and requirements. Also, they looked at the salary ranges to be sure they were competitive within the present labor market. Personnel Director Elaine Holmes explained that the study is being carried out in three phases. Phase one includes all County positions except those in the departments of Health and Social Services. Phase two includes those positions in the departments of Health and Social Services and phase three is the pay equity study. Phase one has been completed. The position classification plan has been developed and the salary survey of the area labor market as well as the internal salary relationship has been looked at and the results have been analyzed. The salary ranges were found to be generally competitive and the position classification plan was relatively current and as a result of that the cost to implement the study is estimated to be $35,000 for the remainder of this fiscal year. No employee's salary will be reduced by the study. Of the 290 employees there are about 41 employees or 14% of the salaries that will increase as a result of the study. Commissioner Halkiotis stated he has had some questions from employees who fall in the range of 62 to 66. He understands there will be a review of what has been proposed. He is concerned about those that increased in grade from 62 to 68 and also those positions in the Sheriff's office including the position of Major. He questioned the classification of the two employees in the County Manager's office going from Administrative Secretaries to Administration Assistants. He will reserve any further comments until the due process procedure is followed. 9 John Link stated that these concerns will be addressed during the second phase of the study along with Social Services and Health. There are also some positions which have had a change of scope which will be addressed. John Link stressed that he wants to be sensitive to every employee's concern about this study. He would like to bring this item back at the next meeting with the effective date of January 1. Commissioner Willhoit questioned the fact that the existing pay range does not seem to be a common fact between the low range and the high range. The high range is approximately 50% above the low side but does not appear to be uniform. Mr. Maxwell explained that the County has a larger spread from minimum to maximum than the survey average would show. The average is 55-60% and the survey average is 45%. The other reason is that some of the organizations have a smaller spread and the average would be shorter. He referred to the agenda abstract and the fact that 124 employees were recommended for an increase in grade level but of those employees only 31 will actually receive a salary increase. John Link stated that there were 124 recommended for a salary grade increase. However, they will not receive a salary increase. Twenty-two salaries will increase because their job has been reclassified and the other 9 employees' current salary is below the first step of the new salary range. In answer to a question from Commissioner Willhoit about the difference between a reclassification and a grade change, John Maxwell explained that some would have a title change and some would just have the same title but the data would show that their salary grade should be moved up. Those employees are making salaries already that are in the range even though the range changes, their salary is not going to increase because their existing salary is already within their new range. However, there are some employees whose existing salaries are below the minimum of the new grade. All other questions may be directed to the County Manager. B. TELEPHONE - EXTENDED AREA SERVICE John Link and Rod Visser, with the use of transparencies, illustrated the proposals from Southern Bell and Centel for toll-free Couyntywide Extended Area Telephone service. One proposal is a measured service approach at reduced toll charges and the other option is a countywide extended area service proposal by the phone companies that would cover their toll revenue over a period of time. Historically, the Utilities Commission has addressed petitions for extended area service in this state without consideration for recovery of tolls for the phone companies. They have pursued fixed rates that would cover the cost of equipment and processing of extended area service process. The question is should the County accept the proposal that has been made by the phone companies or proceed with a petition to the Utilities Commission seeking a traditional EAS approach with reduced tolls based on not recovering all toll charges for the phone companies. Rod Visser reviewed the proposals by the phone companies and compared their rates with the rates as suggested by Orange County. Mr. Henry Whitfield emphatically spoke in support of the County's proposal. 10 Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to petition the North Carolina Utilities Commission to add an Orange County EAS to existing service with no toll lost recovery in exchanges that serve inside Orange County, plus the portion of Chapel Hill in Durham County, RTP and RDU, and to allow the phone users to vote on the Orange County proposal. VOTE: UNANIMOUS X. ITEMS FOR DECISION - REGULAR AGENDA A. PROPERTY OF DANIEL AND EDITH BERRY - PARTIAL WIDTH RIGHT-OF- WAY Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve a partial width right-of-way as requested for the private road. VOTE: UNANIMOUS B. MASTER CLIENT INDEX FILE PROPOSAL AND AGREEMENT Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve and authorize the Chair to sign the proposal and work agreement with Human Services Research and Design Laboratory at a cost of $15,510. VOTE: UNANIMOUS C. SUBDIVISION REGULATIONS TEXT AMENDMENT - SECTION IV-B-1 LOT STANDARDS This amendment to the Subdivision regulations establishes minimum lot sizes needed to accommodate various types of wastewater disposal and water supply. It also establishes a minimum lot size for lots served by public water or sewer, but not both. It is also recommended that 40,000 square feet remain the minimum lot size where a well and septic tank are used, 30,000 square feet where there is a septic tank but no well, and 15, 000 square feet where there is both public water and sewer. A septic easement would require an additional 20,000 square feet. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the following amendments: IV-B-1 LOT STANDARDS (1) Lots served by individual sewage disposal systems and private or community wells shall contain at least 40, 000 square feet. (2) Lots served by public water and public sewer shall contain at least 15,000 square feet. (3) Lots located within zoned townships shall contain the minimum lot area required by the Orange County Zoning Ordinance. (4) Any lot which provides an easement for individual septic disposal for use by a different lot shall contain the minimum area required for that lot plus an additional 20,000 square feet to accommodate the septic easement. VOTE: UNANIMOUS 11 D. ZONING ENFORCEMENT CASES (CIVIL PENALTIES) Jim Hinkley, Zoning Enforcement Officer, presented for consideration of approval a request that the Board of County Commissioners make written demand for payment of Civil Penalties to six persons for violations of the Orange County Zoning Ordinance. Nathan McDuffie, Paul G. Scurlock, Chris McMillan and Mr. and Mrs. Ralph Turner all spoke in defense of the violations and the civil penalties assessed against them. Orin Pilkey spoke in support of the civil penalties levied against Paul G. Scurlock. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to give the four persons listed above until November 28 to bring their property into compliance to the satisfaction of the Planning Department; to make written demand for payment of Civil Penalties to Clara Bunn Garrett and Howard and Rebecca D. Williams and to bring back to the Board on December 3 a report on the status of the four cases that were given additional time. VOTE: UNANIMOUS NOTE: COMMISSIONER HALKIOTIS WAS EXCUSED FROM THE MEETING E. ADVERTISEMENT - DECEMBER 11, 1990 PUBLIC HEARING Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the advertisement for the December 11 Quarterly Public Hearing with two deletions: (1) amendments referring to Large Day Care Homes, and (2) fee waiver proposal for public agencies and non-profit Housing Organizations. VOTE: UNANIMOUS F. ACOUISITION OF VIRGINIA BARTOW PROPERTY LOCATED ON THE ENO RIVER IN HILLSBOROUGH Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the purchase of 2. 16 acres which is located in Hillsborough approximately 150 feet east of Churton Street just north of the Eno River and about 300 feet south of Margaret Lane for $59,690. VOTE: UNANIMOUS ADDED ITEM G. OLD COURTHOUSE LANDSCAPING CAPITAL PROJECT Wilbert McAdoo explained that Phase II would consist of repairing the walk on Churton Street and tree plantings for a total of $31,750. An additional $18,852 will be required to do the project. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the necessary change order to the Old Courthouse Landscaping construction contract and adopt the capital project ordinance as stated below to authorize completion of both Phases I and II of the project. OLD COURTHOUSE LANDSCAPING PROJECT CAPITAL PROJECT ORDINANCE 12 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 is for the upgrading of the grounds surrounding the Old Courthouse. The project will be financed by appropriations from the County Capital Reserve Fund. 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 $ 77,852 Reserve Fund Section 4. The following amount is appropriated for this project: Old Courthouse Landscaping $ 77, 852 Project Section 5. This ordinance supersedes all previous Old Courthouse Landscaping Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1994. VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were approved: COMMISSION FOR WOMEN - Joyce Roland DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Richard Hildebrandt as Liaison with the Advisory Board on Aging and Bonnie Gates to an AT LARGE vacancy. AIDS SERVICE AGENCY OF ORANGE COUNTY - Jean Bolduc XII. MINUTES DELETE XIII. EXECUTIVE SESSION Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go into Executive Session to discuss property acquisition and county claims. VOTE: UNANIMOUS 13 Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to go back into regular session to adjourn. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to come before the Board, Chairman Moses Carey, Jr. , adjourned the meeting. The next regular meeting will be held on Tuesday, November 20, 1990 at 7:30 p.m. in the courtroom of the old Post Office in Chapel Hill. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk