HomeMy WebLinkAboutMinutes - 19910122 Approved February 4, 1991
1
1 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 REGULAR MEETING
4 JANUARY 22, 1991
5
6
7 The Orange County Board of Commissioners met in regular session
8 on Tuesday, January 22 at 7:30 p.m. at the Franklin Street Post Office
9 District Courtroom in Chapel Hill, North Carolina.
10
11 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and
12 Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit.
13 BOARD MEMBER ABSENT: Vice-Chair Stephen Halkiotis
14 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
15 STAFF PRESENT: County Manager John M. Link, Jr. , Assistant
16 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker,
17 Clerk to the Board Beverly Blythe, Finance Director Ken Chavious,
18 Planning Director Marvin Collins, Planner Gene Bell and Program
19 Supervisor Wilma Tinney.
20
21 NOTE: ALL DOCUMENTS REFERENCE IN THESE MINUTES ARE IN THE PERMANENT
22 AGENDA FILE IN THE CLERK'S OFFICE.
23
24 I. BOARD COMMENTS
25 Chairman Carey announced that a public hearing on proposed local
26 legislation will be held on Thursday, January 31 at 7 :30 p.m. in
27 Superior Courtroom in Hillsborough. He noted that Commissioner
28 Halkiotis is the County's representative on the Sentencing Policy
29 Commission which is meeting in Ashville.
30 The Board decided that the Public Hearing scheduled for January
31 31 would be open for comments about any item the public may want to
32 present for local legislation in addition to those listed in the
33 advertisement.
34 Commissioner Gordon, by request of Brad Barker of TJCOG, invited
35 the County Commissioners to attend a conference entitled "Creating a
36 Regional Vision" which will be held on January 31 beginning at 8: 30 a.m.
37 She also invited the Board to attend a groundwater conference sponsored
38 by North Carolina State and NCACC on February 19 and 20. She asked that
39 the appropriate staff member attend this conference.
40 Commissioner Insko announced that a Joint Public Forum on Women' s
41 Safety Issues would be held on January 23 at 7: 30 p.m. at Carrboro
42 Elementary School.
43
44
45 II. COUNTY MANAGER'S REPORT - NONE
46
47
48 III. ADDITIONS OR CHANGES TO THE AGENDA
49 Chairman Carey asked that the Board consider under Appointments
50 an appointment to the Task Force on Reducing Violent Crime and Illegal
51 Drug Use. He added an Executive Session for a discussion on litigation.
52
2
1 IV. AUDIENCE COMMENTS
2 A. MATTERS ON THE PRINTED AGENDA
3 Chairman Carey announced that those who have indicated a
4 desire to speak will be recognized at the appropriate time.
5
6 B. MATTERS NOT ON THE PRINTED AGENDA - None
7
8 PUBLIC CHARGE
9 Chairman Moses Carey, Jr. read the Public Charge.
10
11 V. ITEMS FOR DECISION - CONSENT AGENDA
12 Motion was made by Commissioner Insko, seconded by Commissioner
13 Gordon to approve those items on the Consent Agenda as listed below:
14
15 A. PROFESSIONAL SERVICES CONTRACT UNC SCHOOL OF DENTISTRY
16 The . Board approved and authorized the Chair to sign a
17 contract with the UNC School of Dentistry for the services of a dental
18 resident to provide dental services in the Health Department. The
19 contract begins on July 1, 1990 and terminates June 30, 1991.
20
21 B. TAX REFUNDS REOUEST
22 The Board approved the following release or refund of tax
23 bills in accordance with General Statute 105-381 (b) :
24
25 NAME ACCOUNT # AMOUNT
26 Frame Warehouse 108800 $ 140.21
27 Matthew Worth Fearrington 41115 216.56
28 Suphronia M. Cheek 18389 15. 31
29 Bryant B. Roberts 152360 178.33
30 Ginger L. Doby 122891 124. 02
31 James R. Combs, Sr. 105858 14 . 11
32 R. Scott French 120926 111.41
33 Mary Burnette 17683 471. 36
34 Larry E. Kerr 74794 266.82
35 General Electric 65136 157.76
36 Saab-Scania None 190. 65
37 James H. Collins, Heirs _ 6467 358. 62
38 Ethel F. Neville 84668 38 .42
39 National Realty, Inc. 105632 737 . 35
40 (A tax refund request for Cathy L. Terry was deferred until a later
41 meeting. )
42
43 C. NEOTRADITIONAL COMMUNITY PLANNING WORK SESSION
44 No action was necessary on this item. It was presented as
45 information.
46
47 D. VIDEO/AUDIO CONTRACT FOR THE 24-HOUR COURTHOUSE
48 To approve and authorize the Chair to sign a
49 contract/proposal with Southern Media Design and Production, Inc. , of
50 Chapel Hill for an amount not to exceed. $17,720. This approval is
51 contingent upon County Attorney review and approval.
52 VOTE: UNANIMOUS
•
•
3
1 VI. RESOLUTIONS/PROCLAMATIONS
2 A. RESOLUTION OF APPRECIATION FOR J. LOGAN IRVIN
3 Commissioner Gordon presented this resolution for approval. She
4 served on the Planning Board with Dr. Irvin and commended his wisdom
5 and outstanding leadership on the Planning Board and the Board of
6 Adjustment. She will present this Resolution of Appreciation to Mrs.
7 Irvin.
8 Motion was made by Commissioner Gordon, seconded by Chairman
9 Carey to adopt the resolution of appreciation as stated below:
10
11 RESOLUTION OF APPRECIATION
12 for
13 J. LOGAN IRVIN, JR.
14
15 WHEREAS, Dr. Irvin served on the Orange County Board of Adjustment
16 from October, 1970 through June, 1978, serving as Chair for
17 seven of those years, and
18 WHEREAS, Dr. Irvin served on the Orange County Planning Board from
19 August 1978 until his death on March 31, 1984 serving as
20 Chair for one year, and
21 WHEREAS, Dr. Irvin displayed great wisdom and outstanding leadership
22 which improved the quality of decisions made during his
23 tenure on these Boards, and
24 WHEREAS, Dr. Irvin, through his hard work and dedication, earned the
25 respect and appreciation of government officials, peers,
26 coworkers and citizens of Orange County, and
27 WHEREAS, Dr. Irvin, through his influence on the Board of Adjustment
28 and the Planning Board, displayed his support, cooperation
29 and promotion of the welfare and safety of each County
30 citizen,
31 NOW, THEREFORE BE IT RESOLVED that the Orange County Board of
32 Commissioners on behalf of the citizens of Orange County
33 expresses to his wife, Elinor Irvin its sincere appreciation
34 and gratitude for Dr. Irvin's many years of service and
35 contributions to Orange County.
36 BE IT FURTHER RESOLVED that this Resolution be presented to Elinor Irvin
37 with the expressed sympathy of the members of this Board and that a copy
38 of the resolution be spread upon the minutes of this meeting.
39
40 VOTE: UNANIMOUS
41
42
43 VII. SPECIAL PRESENTATIONS
44 A. ORANGE COUNTY ARTS COMMISSION PRESENTATION OF GRANT AWARDS
45 AND REPORT
46 Joan Cohen, Chair of the Orange County Arts Commission thanked
47 the Orange County Commissioners for their support and contributions to
48 the Arts Commission. She stated that Orange County has more artists per
49 capita than any other County in North Carolina.
50 Chairman Carey presented grants to sixteen groups. These are
51 listed in the agenda abstract.
52
•
4
1 VIII. PUBLIC HEARINGS
2 A. FEASIBILITY STUDY - NC 54 WIDENING
3 Planning Director Marvin Collins presented this item to
4 receive citizen comment on a feasibility study for the proposed widening
5 of N.C. Highway 54 in Orange County. The proposed widening would be
6 from I-85/40 in Burlington to the N.C. Highway 54 Bypass in
7 Carrboro/Chapel Hill. Mr. Collins listed the possible negative
8 environmental impacts as well as staff comments to the feasibility
9 study.
10 Mr. Collins entered into the record a letter from Blair
11 Pollock. Mr. Pollock opposes the widening of NC 54 for three reasons:
12 (1) displaces existing buildings, people and agricultural land, (2)
13 disrupts important areas of the local drinking water supply watersheds
14 especially University Lake, and (3) implies that the only way to handle
15 transportation needs is with more roads with no examination of
16 alternatives. He supports the development of passenger rail service
17 between the Burlington area and Chapel Hill/Carrboro, and also
18 encourages carpooling or convenient, regular, cheap, good bus service.
19 Mr. Richard Davis from North Carolina Department of Transpor-
20 tation (NCDOT) stated that they would explore all feasible alternatives
21 to the widening of NC 54 . It has not been definitely decided that this
22 widening will be planned.
23 In answer to a question from Commissioner Willhoit about how
24 an item is proposed for a feasibility study, Mr. Davis indicated it
25 could be by a request from a member of the Board of Transportation or
26 a member of the DOT staff.
27 In answer to a question from Chair Carey about the need and
28 where this fits into the proposal, Mr. Davis indicated that it is a need
29 perceived by someone -- a Board member or citizen. He stated that what
30 the feasibility study was saying was that to choose another location
31 would be too expensive.
32 In answer to Commissioner Willhoit' s concern about increased
33 truck traffic, Mr. Davis stated that this would be a longer route
34 because of the many stops for signals and intersections.
35 Mr. Davis stated that the next step is that the project could
36 be added as an active project.
37 In answer to a question from Commissioner Gordon on the
38 impact that action by the Board of County Commissioners would have on
39 this widening, Mr. Davis stated that it would depend on the level of
40 support. It would either move it along or slow it down.
41
42 THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENTS
43
44 RAY SPARROW spoke against the widening of NC 54 . He agreed
45 with the letter received from Blair Pollock. He feels that some
46 alternate form of transportation could be looked at to ease the traffic
47 on NC 54. He stated that this road is a shortcut for truckers. They
48 dodge the scales on Highway 85 and use this route because it is still
49 the most direct route to many points. He indicated that if the project
50 must be done that it be done with minimal impact on the road.
51
52 LOIS HERRING, Chair of the OWASA Board, read a letter into
5
1 the record. In essence she voiced OWASA's concern about possible
2 effects of the proposed project on the quality of Cane Creek and
3 University Lake water supply reservoirs. OWASA is concerned about the
4 direct effects of the construction work itself, and about the longer
5 term effects of increased traffic and subsequent activities that may
6 follow the project. A copy of the complete letter is in the permanent
7 agenda file in the Clerk's Office.
8
9 JANE KELLY, purchased and restored an old home on NC 54. She
10 spoke in opposition of the proposed widening of NC 54 stating it would
11 destroy her property. She questioned why North Carolina is first in
12 highway construction and last in education.
13
14 MIRIAM MURDOCK spoke in opposition of widening NC 54. She
15 agreed with all the environmental concerns stating that not only would
16 this destroy homes but it is most inappropriate at this time. The State
17 cannot afford it and it is no time for more highways and more cars.
18 Funds should be diverted to more needed social and educational things.
19 She suggested a rail line between Chapel Hill and Burlington as an
20 alternative means of travel. She asked that the Board not encourage
21 more automobiles. She feels the widening of NC 54 is not inevitable and
22 stated that now is the time to stop this proposal.
23
24 HENRY WILSON, owner of Wilson and Staples Auto Service,
25 stated that this widening would take his business. He expressed a
26 concern about the people who may be hurt by this widening. He approves
27 of money being spent on public transportation.
28
29 JAMES ASBAUGH stated that when 54 was redone in the 70 's,
30 money was allocated in 1956. If DOT had thought it through then, they
31 would have changed some things at that time instead of doing it now.
32 He questioned the traffic count of 6, 000 vehicles per day and asked when
33 that count was conducted -- before Highway 40 was opened or after. He
34 feels this is a shortcut for trucks and widening would increase traffic
35 on NC 54 and create a need for a weigh station. He noted that Southern
36 Bell has a fiber-optic line along NC 54 which would need to be moved for
37 the widening. Also, one of the main feeders to University Lake would
38 have to be crossed. The widening of NC 54 will cause more runoff and
39 erosion of the land. He feels the intersection of Fayetteville Road and
40 NC 54 is dangerous and needs to be studied for a solution.
41
42 PETER TODD, member of the Sierra Club and Orange County
43 Greens, made reference to a transportation study done by TJCOG. This
44 study points our the need for all governments to work together to
45 coordinate their transportation needs. He advocates that no action be
46 taken before 1992 . This would give all the governing bodies time to
47 respond to the land use issues. He referred to an EDC target advisory
48 group which advocated development of Highway 54 . He feels this would
49 encourage sprawl and further promote congestion and increase air, water
50 and soil pollution. Another primary concern is that Highway 54 goes
51 through several feeders of the University Lake Watershed. He does not
52 feel this project is financially prudent. The highway fund is projected
6
1 to be twenty million short this year. He encouraged all local
2 governments to work with Triangle Transit Authority and TJCOG to
3 encourage ridesharing/carpooling in West Orange County.
4
5 EDDIE WILLIAMS, business owner in Alamance County, stated
6 that this widening would take the buffer he has in front of his
7 business. He feels this will be necessary at some time in the future
8 but not at this time. He feels it is important to plan ahead but asked
9 that the widening be kept at a minimum. He feels the 200 feet right-
10 of-way is excessive.
11
12 MARGARET BROWN expressed concern about the effects of this
13 widening on University Lake Watershed. She asked that the Board of
14 Commissioners not look favorably on this proposal.
15
16 JEF asked who originally suggested that the road be widened
17 and why. No one could answer this question.
18
19 LADY FROM ALAMANCE COUNTY stated that there is less traffic
20 now since I-40 has opened. She lives on 54 and does not support the
21 proposal. She questioned if this has been considered by Alamance
22 County.
23
24 MARTIE MANDELL stated that there seems to be a great deal of
25 confusion about why the proposal was made. She questioned if this is
26 an 8-10 year plan or a 30-year plan. She supports other means of
27 transportation if there is indeed a problem. She asked that the
28 Department of Transportation give the citizens some choices to the
29 problem. If this is a 30-year plan, she asked that a light rail system
30 between Chapel Hill and Burlington be considered. If this is an 8-10
31 year plan, other solutions or studies need to be considered.
32
33 Commissioner Willhoit questioned the increase in the amount
34 of impervious surface this widening would create. Marvin Collins stated
35 that in the description of the existing facility there was reference
36 made to four-foot paved shoulders on each side which were counted in
37 terms of calculating the impervious surface. When the new project was
38 described, there was no reference to the paved shoulders.
39 There were several questions about the traffic count and Mr.
40 Davis will find out exactly when and where the traffic count was done.
41 Motion was made by Commissioner Willhoit, seconded by
42 Commissioner Gordon to hold the public hearing open until a written
43 response is received from the towns of Chapel Hill and Carrboro and for
44 additional written comments.
45 VOTE: UNANIMOUS
46
47 IX. REPORTS - NONE
48
49 X. ITEMS FOR DECISION —REGULAR AGENDA
50 A. ARTSCENTER APPROPRIATION
51 The Board was asked to consider releasing $5, 000 that has
52 been held in escrow for the ArtsCenter. The County has received all tle
7
1 required information from the ArtsCenter as stipulated when these funds
2 were approved in the 1990-91 budget. These include (1) an audit report,
3 (2) an annual budget, and (3) a business plan. The County
4 administration does not recommend that these funds be used for a
5 specific purpose.
6 Various questions asked by the Board about the financial
7 obligations of the ArtsCenter were answered by General Manager of the
8 ArtsCenter Eileen M. Helton.
9 Motion was made by Commissioner Willhoit, seconded by
10 Commissioner Insko to release the funds, presently held in escrow, over
11 a five month period beginning in February, 1991 with monthly payments
12 of $1, 000 to be made to the Center based on its continued demonstration
13 of improving their financial condition and debt situation as evidenced
14 by monthly updates provided to the County Finance Director and County
15 Commissioners. The Board agreed that this money should be used for
16 current expenses and programming instead of deficit reduction. VOTE:
17 UNANIMOUS
18
19 B. HISTORIC INVENTORY GRANT APPLICATION
20 Marvin Collins explained that the grant funds would be used
21 to conduct an inventory of historic sites and structures in the
22 unincorporated portions of Chapel Hill Township.
23 Motion was made by Commissioner Gordon, seconded by Chairman
24 Carey to authorize the County Manager to apply for up to $5, 000 from the
25 Survey and Planning Grant Program. The amount would be matched by
26 $5, 000 from Orange County and would be used to conduct an inventory of
27 historic sites and structures in the unincorporated portions of Chapel
28 Hill Township.
29 VOTE: UNANIMOUS
30
31 C. COMMISSIONERS' SALARY AND FUTURE POLICY
32 Chairman Moses Carey, Jr. asked that the Board consider a
33 policy on salary adjustment for the County Commissioners.
34 Motion was made by Commissioner Gordon, seconded by
35 Commissioner Insko to approve the following recommendation:
36 1. That the staff be instructed to compute the salary levels
37 which would have resulted had the County Commissioners
38 received the same annual cost of living adjustments
39 received by other county staff since the Commissioners '
40 salary was last adjusted in 1984 for Board Members and
41 in 1983 for the Chairman.
42 2 . That the resulting salary levels be adopted for the
43 current Board Members and Chair effective July 1, 1991.
44 3 . that the Board adopt a 5% higher differential for the
45 Vice-Chairman, and
46 4 . That the Board of County Commissioners adopt a policy of
47 applying the same future cost of living adjustments to
48 Commissioner salaries as applied to all other County
49 personnel salaries annually unless instructed otherwise
50 by the Commissioners.
51 VOTE: UNANIMOUS
52
8
1 D. APPROVAL OF ORANGE COUNTY TRANSPORTATION DEVELOPMENT PLAN
2 Department on Aging Director Jerry Passmore presented for
3 consideration of Board approval the final Orange County Transportation
4 Development Plan covering the period 1991-94 . The report recommends
5 continuing with the County Department on Aging administering the C.A.T.
6 program, emphasizing and expanding human service agency transportation
7 and to begin limited public service with a new C.A.T. Express Shuttle
8 route having pickup points between Prospect Hill, Cedar Grove,
9 Hillsborough, Chapel Hill and Carrboro.
10 Motion was made by Commissioner Insko, seconded by
11 Commissioner Gordon to approve and authorize the Chair to sign any
12 required certification documents following the county attorney' s review.
13
14 VOTE: UNANIMOUS
15
16 XI. APPOINTMENTS
17 Motion was made by Commissioner Insko, seconded by Commissioner
18 Gordon to approve the following appointments:
19
20 ARTS COMMISSION - Appointment of Betty Cloutier and Chris Firpo
21 to their first term and reappointment of Gerald Eidenier and Thomas Link
22 to their second full terms.
23 BOARD OF HEALTH - Appointment of Fred Battle as "Public"
24 representative for his first term.
25 TASK FORCE ON REDUCING VIOLENT CRIME AND ILLEGAL DRUG USE
26 Appointment of Elsie Pickett as the County representative
27
28 XII. MINUTES
29 Motion was made by Commissioner Insko, seconded by Commissioner
30 Gordon to approve the January 7, 1991 - regular meeting minutes as
31 corrected.
32 VOTE: UNANIMOUS
33
34 XIII. EXECUTIVE SESSION
35 Motion was made by Commissioner Gordon, seconded by Commissioner
36 Insko to go into Executive Session to discuss litigation.
37 VOTE: UNANIMOUS
38 Motion was made by Commissioner Gordon, seconded by Commissioner
39 Insko to adjourn the Executive Session and to reconvene into Regular
40 Session.
41 VOTE: UNANIMOUS
42
43 XIV. ADJOURNMENT
44 Motion was made by Commissioner Gordon, seconded by Commissioner
45 Insko to adjourn the meeting. The next regular meeting will be held on
46 February 4 at 7 :30 p.m. in the Courtroom of the Old Courthouse,
47 Hillsborough, North Carolina.
48
49 Moses Carey, Jr.
50 Beverly A. Blythe, Clerk
51
52