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HomeMy WebLinkAboutMinutes - 19910416I Approved May 21, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 16, 1991 The Orange County Board of Commissioners met in regular session on April 16, 1991 at 7:30 p.m. in the Franklin Street Post Office District Courtroom in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr. , Vice-Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko 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, Register of Deeds Betty June Hayes, Personnel Director Elaine Holmes, Budget Administrator Sally Kost, Tax Assessor Kermit Lloyd, Department on Aging Director Jerry Passmore, County Engineer Paul Thames and Planners David Stancil and Mary Scearbo. I. BOARD COMMENTS Commissioner Gordon noted that as the delegate for Triangle J she received an application to place petroleum contaminated soil in Orange County. She later discovered that this application was sent to Triangle J from the Orange County Planning Department. She asked that on a future agenda a policy be considered whereby the Commissioners are notified whenever these assessments are sent out. Commissioner Halkiotis indicated he has received some letters about the equalization of funding for the two school systems. He asked the Manager about any further communication with the Orange County System with respect to their desire to pursue a district tax similar to the tax that Chapel Hill-Carrboro schools have. John Link stated that he indicated to Dr. Overstreet two weeks ago that the County would like for the Board of Education to review the options and respond. Commissioner Halkiotis requested that an informational statement be made to clarify the situation. Chairman Carey announced that the May 2nd Joint Planning Public Hearing will not be held. There were no applications submitted. II. COUNTY MANAGER'S REPORT John Link announced that Rod Visser is back in the states. He noted that the County has received the Distinguished Budget Presentation award from the Governor's Finance Officers Association. He commended the Budget Department and the County Staff and Department Heads that work on this document. The bond rating for the County was increased to AA1 by Moody's. This will have a beneficial impact on the interest rate the County will pay. III. ADDITIONS OR CHANGES TO THE AGENDA - NONE IV. AUDIENCE COMMENTS 2 IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that those citizens in the audience who would like to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE V. ITEMS FOR DECISION - CONSENT AGENDA (Any item may be removed for separate consideration) Motion was made by Commissioner Insko, seconded by Chairman Carey to approve items A, B, C, and E as stated below. Items F and D were removed from the Consent Agenda and considered separately. A. 1991-92 CONTRACT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL HEALTH AND NATURAL RESOURCES The Board approved and authorized the Chair to sign the Contract, assurances, and budget pages with the North Carolina Department of Environmental Health and Natural Resources for $365,406. These state contracts are for various programs as outlined in the contract. B. ARTS COMMISSION GRASSROOTS AWARDS The Board approved the list of recipients for the 1990-91 Grassroots Arts grants. The projected total is $17,966. C. JAIL INSPECTION REPORT The Board received the jail inspection report for March, 1991. No corrective action is required. E. REQUEST FOR CHANGE IN RECORDS SCHEDULE The Board approved the following resolution authorizing disposal of certain original Register of Deeds records: WHEREAS, G.S. 121-5 provides that the Board of County Commissioners may authorize the destruction or disposal of any official county records when (1) the custodian of such records certifies to the North Carolina Department of Cultural Resources ("Department") that they have no further value for official business and (2) the Department certifies that such records appear to have no further use or value for research or reference; and WHEREAS, the Register of Deeds of Orange County, as a custodian of large numbers of such records, has a need to seek their destruction or disposal on a frequent basis after the records have been microfilmed and converted to the optical disk imaging system; and WHEREAS, the Orange County Board of Commissioners wishes to allow the destruction and/or disposal of such records in the most efficient manner consistent with applicable laws. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that records of the Orange County 3 Register of Deeds office identified in Exhibit A to this Resolution, which exhibit is entitled "REQUEST FOR CHANGE IN RECORDS SCHEDULE, " may be destroyed or otherwise disposed of on a continuing basis upon the certification from the Register of Deeds and "Department" provided above. VOTE ON THE CONSENT AGENDA: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve items D and F as stated below: D. BUDGET AMENDMENT #9 Commissioner Insko informed the Board that because of the increase in the number of general assistance applications, the funds in the Department of Social Services have been exhausted. They will be moving money into this fund internally but may need to request additional money from the Contingency Fund. The Board adopted the following budget ordinance amendments, approved the establishment of a permanent full-time Social Worker I position, and authorized the Chair to sign the Maternal Care Coordination contract. GENERAL FUND Source - Miscellaneous $ 5,000 Appropriation - Contributions to outside $ 5,000 agencies (to budget for additional allocation to Planned Parenthood) Source - Intergovernmental $ 8,750 Charges for Services $ 1,380 Appropriation - Human Services $ 10, 130 (to budget Maternal Care Coordination program for the Health Department) Source - Intergovernmental $ 8,838 Appropriation - Human Services $ 8,838 To transfer additional state funds for the DSS Child Day Care program) Source - Intergovernmental $ 23,906 Appropriation - Human Services $ 23,906 (to budget for ACES project) Source - Intergovernmental ($ 15,000) Appropriation - Human Services ($ 15,000) (to budget reduction of State AFDC Emergency Assistance funds) F. RULES OF PROCEDURE - ORDER OF BUSINESS The Board approved a change in their Rules of Procedure. The Order of Business shall be as listed below with the understanding that the Chair may change the order at his discretion. 4 I. Additions or Changes to the Agenda II. Audience Comments III. Items for Decision - Consent Agenda IV. Resolutions/Proclamations V. Special Presentations VI. Public Hearings VII. Reports VIII. Items for Decision - Regular Agenda IX. Board Comments X. County Manager's Report XI. Appointments XII. Minutes XIII. Executive Session XIV. Adjournment VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION REOUESTING CONSTITUTIONAL AMENDMENTS TO PROHIBIT FEDERALLY MANDATED LOCAL PROGRAMS This item was considered at the end of the agenda. Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to refer this resolution to Commissioners Gordon and Insko to rework and fax to the other Commissioners for their approval. This resolution and the invoice will be sent to those listed on the resolution including the Governor. VOTE: UNANIMOUS NOTE: This resolution was reworked and for the record is stated below: ORANGE COUNTY RESOLUTION REQUESTING ADEQUATE FUNDING FOR MANDATED PROGRAMS WHEREAS, the Orange County Board of Commissioners recognizes and supports the responsibility of the federal and state governments to provide leadership to identify issues affecting the larger society and to establish these issues as national priorities, and WHEREAS, the US Congress and the North Carolina General Assembly have exercised their leadership role by mandating certain programs and services, but have, at the same time, failed to provide adequate funding, and WHEREAS, the US Congress and the North Carolina General Assembly, through these actions, have effected an increase in property taxes, while avoiding the political responsibility for such increases, and 5 WHEREAS, these actions by the US Congress and the North Carolina General Assembly raise the issue of fairness based on the regressive nature of property taxes, the primary tax available to counties, as compared to the progressive income taxes available to Congress and the North Carolina General Assembly, and WHEREAS, the federal and state governments have further compounded the problem by requiring excessive and burdensome paperwork requirements, and WHEREAS, mandated programs now account for approximately one- third of all local government expenditures, which in Orange County accounts for 41 cents of the 76.5 cent property tax rate, and WHEREAS, these issues are of such pressing urgency that they cannot adequately be addressed through the current method of federal and state mandates and local funding. NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners calls for the Congress of the United States and the North Carolina General Assembly - as they identify and establish national priorities - to: 1) increase the financial support for the mandated programs through direct funding or incentive grants in amounts adequate to create and implement successful solution, and 2) recognize and reduce the irrelevant paperwork and other unnecessary administrative burden, associated with mandated programs, and BE IT FURTHER RESOLVED that the County forward to the Governor an invoice for mandated services provided by the County for the period July 1, 1989 through June 30, 1990, and BE IT FURTHER RESOLVED that this resolution be forwarded to 1) each of the 99 other County Boards of Commissioners in North Carolina, 2) the local North Carolina legislative delegation, 3) the National Association of Counties and the North Carolina Association of County Commissioners, and 4) US Senator Terry Sanford, US Senator Jesse Helms, and Congressman David Price. This the 21st day of April, 1991. B. RESOLUTIONS OF APPRECIATION FOR SERVING ON THE PLANNING BOARD Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the Resolutions of Appreciation for former Planning Board members Barry Jacobs and Chris Best. For the record, these resolutions are entered below: RESOLUTION OF APPRECIATION FOR 6 BARRY JACOBS WHEREAS, Barry Jacobs actively served on the Orange County Planning Board from August 20, 1985 to February 1, 1991, and WHEREAS, Barry improved the quality of decisions through his leadership as Chair from January 17, 1986 to January 15, 1990, and Vice-Chair from January 16, 1990 to February 1, 1991, and WHEREAS, Barry gave of his skill and talent to benefit all the citizens of Orange County in judging the merits of potential land development, and WHEREAS, Barry, through his hard work and dedication, earned the respect and appreciation of government officials, his peers, and the citizens of Orange County; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners expresses its sincere appreciation and gratitude for Barry's many years of service and contributions to Orange County. RESOLUTION OF APPRECIATION FOR CHRIS BEST WHEREAS, Chris Best actively served on the Orange County Planning Board from March 6, 1985 to February 1, 1991, and WHEREAS, Chris improved the quality of decisions through his leadership as Chair of the Transportation Advisory Subcommittee and as a member of the Ordinance Review Committee, and WHEREAS, Chris gave of his skill and talent to benefit the citizens of Little River Township as their representative in judging the merits of potential land development and transportation facilities, and WHEREAS, Chris, through his hard work and dedication, earned the respect and appreciation of government officials, his peers, and the citizens of Orange County; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners expresses its sincere appreciation and gratitude for Chris's many years of service and contributions to Orange County. VOTE: UNANIMOUS C. PROCLAMATION FOR TRANSPORTATION ALTERNATIVES WEEK Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to proclaim April 21, 1991 through April 27, 1991 as Transportation Alternatives Week. The proclamation is entered below: 7 PROCLAMATION TRANSPORTATION ALTERNATIVES WEEK WHEREAS, transportation by single occupied vehicle creates traffic congestion and negative environmental impacts, and WHEREAS, considerable public funds are required to support the infrastructure of the single occupied vehicle, and WHEREAS, public transportation systems reduce congestion on our roads and lessen the negative impacts on our environments, and WHEREAS, a comprehensive public transportation system allows access to jobs and independent living for citizens without automobiles or for those unable to drive, and WHEREAS, government has a responsibility to educate its citizens about the benefits of public transportation systems, and WHEREAS, because April 21, 1991 is Earth Day, the Orange County Board of Commissioners proclaims April 21, 1991 through April 27, 1991 as TRANSPORTATION ALTERNATIVES WEEK BE IT RESOLVED THAT the Board encourages an understanding of the benefits which public transportation offers its citizens and the cost associated with the dependence on the single occupied vehicle, and BE IT FURTHER RESOLVED that the Board of Commissioners encourage and support the use of public transportation services and alternative transportation modes such as carpools, bicycles, vanpools and pedestrian travel. VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS- NONE IX. REPORTS A. REPORT ON BUDGET DOCUMENT AND BUDGET SCHEDULE John Link reported that he plans to present the same basic information in the operating budget which has been included in past documents. The document does meet program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. He plans to improve the document by 8 strengthening the relationship between the Capital Improvement Program and the operating budget and to condense the information when feasible by using graphics. Chair Carey asked that the Board be provided a list of those positions which have been added during the year and which will require additional revenue to continue. John Link indicated he would cite those positions for the Commissioners as they review the budget document. He will include information on whether the funding for positions funded by the State will be continued. Commissioner Insko stated that those positions are not actually continuation budget items but expansion. John Link indicated that the second page of each of the budget highlights will list those items which are expansion and the justification. Commissioner Halkiotis asked if the Manager foresees a cutback in personnel. John Link indicated that in order to maintain the present level of service and account for inflationary impacts, there will need to be a small tax increase. He will have a contingency plan but the budget direction at this point is not to cut services. Commissioner Halkiotis asked for information on other tax rates in North Carolina. Commissioner Willhoit asked that the State cuts in County revenues be verified. A tax increase of 3.3 cents would be needed to replace the reimbursements usually received by the County. Chairman Carey stated that the Board needs to review some of their present policies and some of the other budget information they have not received for the last two years including information on salaries. He likes the present format and does not want to change it. Commissioner Halkiotis asked that those needs identified as replacement items and which are significant be videotaped and presented to the Commissioners instead of visiting the site. Commissioner Gordon asked for information on the fire districts and the justification for their tax rate. The Board decided that budget sessions will be held on June 10, 12, 13, 17 and 20 and that the budget presentation by the County Manager will be held on May 30 with a public hearing on June 11. B. CHAPEL HILL SATELLITE SENIOR CENTER John Link reported on the progress made in establishing a satellite Senior Center in Chapel Hill. The task force has identified that the most appropriate space available is at the Galleria located on South Elliott Road in Chapel Hill. The space currently consists of 9,040 square feet on the main floor and 2,200 square fee on a mezzanine area. The Task Force Report indicates that a minimum of 6, 000 square feet of programming space is needed. The landlord has presented two options. The first option would cost $53,271 for 7,587 square feet. The second option would cost $48,816 for 6, 102 square feet. The remaining $23,504 would be paid by the task force. The Town of Chapel Hill has been asked to 9 provide programming, staff and operating funds. The task force will renovate the space and provide furniture. John Link recommends that the Board commit to 6,102 square feet and require that there be a commitment from the task force to provide the additional funds necessary or execute a lease for the full 9,040 square feet with the intent to include future potential subleases. Commissioner Willhoit proposed that the intent of the County Commissioners be to lease the entire space with the Town of Chapel Hill providing the programming and accept the offer of the senior citizens group to provide the additional amount for the lease and the upkeep. Commissioner Gordon asked about the long-term plan for the Senior Center after the five year lease. In answer to this question, Commissioner Willhoit indicated that the five years would provide time to show that the Senior Citizens Center is needed and that the Town of Chapel Hill will be requested to put this into their capital improvement plan to build an addition to their recreation facility on Estes Drive. Discussion ensued with Dr. Seymour answering various questions. The senior citizens will be responsible for retrofiting the rented space. Commissioner Gordon stated that this is a new initiative in a tight budget year. This would be a commitment for a five year period of time. There is no commitment from Chapel Hill at this point in time. Commissioner Willhoit indicated that this project was one of the goals set by the County Commissioners in December, 1989. The committee has identified that there is a need and they have found space that will be appropriate for a center. Commissioner Halkiotis supports moving forward with this project stressing that a commitment needs to be received from the Chapel Hill Town Council. He has no problem making a commitment to approve the Manager's recommendation. He feels that if the county has a shortfall then either positions or programs will need to be cut. He feels this is a worthwhile initiative. The County Manager recommended that the Board indicate their intent to lease the base amount of this property (7,587 square feet) and approve a lease on May 6 contingent upon receiving confirmation from the Town of Chapel Hill that they will be pursuing support for the programming and that the seniors themselves will provide monies for the lease beyond the 6, 102 square feet and for the retrofiting and the cost of operations. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the Manager's recommendation as stated above. VOTE: UNANIMOUS X. ITEMS FOR DECISION - REGULAR AGENDA A. BOARD OF EQUALIZATION AND REVIEW Motion was made by Commissioner Willhoit, seconded by 10 Commissioner Halkiotis to convene the first meeting of the Board of E & R on May 6, 1991 at 7:25 p.m. for the purpose of taking the oaths of office and to establish a schedule to hear appeals. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to schedule the Board of E & R meeting for May 21st at 5:30 p.m. at the Franklin Street Post Office District Courtroom in Chapel Hill. VOTE: UNANIMOUS B. REQUEST BY CHAPEL HILL-CARRBORO SCHOOLS TO REALLOCATE BOND PROCEEDS AND ALLOCATE $95,585 IN DISCRETIONARY FUNDS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the capital project ordinances as presented in the amounts stated below and allocate $95,585 in Discretionary Funds for these projects. Sewell Elementary School $ 2, 313, 670 Carrboro Elementary School $ 1, 609,258 Phillips Junior High School $ 2, 137,586 Chapel Hill High School Phase I $ 6,446, 535 Frank Porter Graham Elementary School $ 1,920,681 Culbreth $ 492,951 VOTE: UNANIMOUS C. GOVERNMENT SERVICES BUILDING - CONSIDERATION OF HISTORIC DISTRICT COMMISSION RESERVATIONS The Board considered modifications to the Government Services Building which will address reservations expressed by the Hillsborough Historic District Commission members. The modifications would add $56,785 to the cost of the facility. The Manager recommends the following: 1. that modifications to the fire stair and the exterior screen walls around the mechanical equipment be included as part of the base bid package; 2. that the design be modified to include the extended wall projections, and 3 . that the change from Running Bond to Flemish Bond be included as a alternate to the base bid package. This modification will be considered by the Board when the bids are awarded and a decision made at that time. John Link clarified that their intent in to go with the Flemish Bond. The only requirement is that the quality of work be acceptable. The Board agreed with this intent. Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the modifications as suggested by the architects and outlined in the Manager's recommendation, to fund the changes from contingency set up within the project budget, 11 and to refer the project to the Historic District Commission for their consideration of approval. VOTE: UNANIMOUS D. EFLAND AREA STUDY AND CP-2-91 The Efland Area Study was commissioned by the Planning Board in 1988 to address community character concerns/land use issues in Efland. The process has been community-oriented, utilizing a community survey and a series of seven community meetings to formulate community goals, objectives and issues. A steering committee was appointed to jointly assist the staff in producing the community land use plan recommendations, and to recommend a course of action for village incorporation. In brief, the Efland Area Study recommends a series of actions and strategies designed to enhance the community character of the village from the standpoint of housing, community services, transportation, open space, and land use planning. The Planning Board recommended approval of the Efland Area Study on March 18, 1991. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to receive the Efland Area Study and adopt the CP-2-91 per the Planning Board recommendation. VOTE: UNANIMOUS E. EXTENDED AREA SERVICE FILING On April 1, 1991, Southern Bell filed a request with the North Carolina Utilities Commission for a 50% rate reduction plan for the Triangle area with seven digit dialing. This plan would include Orange County. John Link asked the Board's approval to file a request asking that the North Carolina Utilities Commission approve an intra-county plan for flat rate service for Orange County. This request includes all exchanges in Orange County with the exception of Prospect Hill, Timberlake and the area on the Durham County line which is currently served by GTE. The public staff to the Utilities Commission has indicated that they would support our request. Motion was made by Chairman Carey, seconded by Commissioner Gordon to approve the filing, as amended by Chairman Carey and included in the permanent agenda file, for extended area telephone service for Orange County and to authorize the Chair to sign on behalf of the Board of Commissioners and to authorize the County Manager to file this request with the North Carolina Utilities Commission on behalf of the Board of Commissioners. VOTE: UNANIMOUS F. STANDARDS FOR CIVIL PENALTIES DECISION MAKING Planner Jim Hinkley reviewed the four stages of zoning enforcement as stated in the agenda abstract. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the guidelines for making civil penalties decisions as presented with the deletion of item 2 - Hardship as stated in the standards. VOTE: UNANIMOUS 12 CORNWALLIS HILLS REVISED PHASING PLAN The Board was requested to consider a request for an extension of time to submit a final plat for the final phase of Cornwallis Hills Subdivision. Phase IV, containing 28 lots, has not yet been developed. The applicant asked to extend the deadline for Final Plat approval from the existing deadline of April 4, 1991 to December 31, 1991, provided that any letter of credit or other security used to guarantee completion of improvements would expire no later than April 4, 1992. On March 18, 1991, the Planning Board recommended approval of the proposed phasing plan. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the revised phasing plan for Cornwallis Hills as recommended by the Planning Board. VOTE: UNANIMOUS XI. APPOINTMENTS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the appointment of Jerry Eidenier to the Library Board of Trustees. This term will expire on June 30, 1997. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint Cleon Currie and James E. Gibson to the Private Industry Council. Their terms will expire on September 30, 1992. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the March 20, 1991 Regular Meeting as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to go into Executive Session to discuss litigation and a personnel matter. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to consider, Chairman Carey adjourned the meeting. The next regular meeting will be held on May 6, 1991 in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk