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HomeMy WebLinkAboutMinutes - 19910903 APPROVED 9-17-91 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 3, 1991 The Orange County Board of Commissioners met in regular session on Tuesday, September 3, 1991 at 7: 30 p.m. in the Courtroom of the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Vice-Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. BOARD MEMBER ABSENT: Chair Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Rod Visser, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Accountant Howard Fitts, Human Resources Director Elaine Holmes, Accounting Technician Deborah Jefferies, Purchasing and Central Services Director Pam Jones, Public Works Director Wilbur McAdoo, Social Services Director Marti Pryor-Cook, Senior Accounting Technician Debbie Smith, Soil Scientist Jerry Stimpson, County Engineer Paul Thames, EMS Director Nick Waters, Planners Emily Cameron, Eddie Kirk, Mary Scearbo and David Stancil. NOTE: BACKGROUND INFORMATION ON ALL AGENDA ITEMS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA Vice-Chair Halkiotis added to the agenda an Executive Session for the discussion of a personnel matter. Commissioner Willhoit added to the agenda an appointment to the Southern Human Services Planning Committee. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA - NONE B. MATTERS NOT ON THE PRINTED AGENDA Gordon Brown, Attorney representing a group of citizens in the Efland community, presented to the Board a petition. In summary the petition made reference to the Efland sewer line and the contracts signed for the construction and provision of sewer service to 191 parcels in the Efland area. He stated that for approximately half of the 191 potential users who originally signed contracts with the County, sewer service is not yet available. The conditions which created the emergency in 1984 still exist today. He stated that many have inadequate or failing septic systems. Many have made significant out- of-pocket expenditures to repair or replace their systems with little prospect that they will function properly or adequately in the long term. In several areas, raw sewage flows to the surface or runs in the ditches. The 161 citizens who signed the petition asked that the Board of County Commissioners: 2 1. complete Phase I as defined in this Board's November 20, 1984 resolution in an expeditious manner, to fulfill the County's obligations under the Sewer Easement and Agreements entered into in late 1984 and early 1985, to ensure a low cost structure to all users, the long-term economic self- sufficiency of the system, and the repayment of all loans made by the County; and to remediate the existing threat to the public health, safety and welfare caused by inadequate and failing septic systems which are prevalent in the Efland community, 2 . provide one or more programs for users needing financial assistance in order to connect to the sewer system, whether by grant, subsidy or low-interest loan, 3. consult with the Steering Committee and its counsel to accomplish the foregoing, and 4. authorize the County Attorney to enter into an agreement to maintain the status quo of all interested parties pending efforts to accomplish the foregoing. Vice-Chair Halkiotis asked that County Manager John Link give the Board an update on the status of the Efland sewer line at the next Hillsborough meeting scheduled for October 7, 1991. PUBLIC CHARGE Vice-Chair Halkiotis read the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve those items on the Consent Agenda as listed below: A. PETITION FOR ROAD ADDITIONS - THE HIGHLAND SUBDIVISION The Board approved a petition from NCDOT for the addition of Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place in Chapel Hill Township to the State-maintained Secondary Road System. B. PETITION FOR ROAD ADDITION - OAR HOLLOW ROAD The Board approved a petition from NCDOT for approval of the addition of Oak Hollow Road in Bingham Township to the State-maintained Secondary Road System VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS - NONE NOTE: Vice-Chair Halkiotis was excused from the meeting. Commissioner Willhoit chaired the meeting from this point through the reports at which time Vice-Chair Halkiotis returned. V. SPECIAL PRESENTATIONS A. PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING 3 John Link stated that the Certificate of Achievement for Excellence in Financial Reporting is generally acknowledged as the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment represents a significant accomplishment by an entity and its management. Orange County has been awarded the Certificate of Achievement each year since 1982. Each year the eligibility standards for the award become more stringent. He commended Finance Director Ken Chavious and his staff for their ability to consistently meet the high standards reflected by this award. On behalf of the Board, Commissioner Willhoit presented the Certificate of Achievement to Ken Chavious and the plaque to the Finance Department thanking them for their dedication and hard work. VI. PUBLIC HEARINGS - NONE VII. REPORTS A. REPORT AND MAPPING OF AOUIFER YIELDS AND SOIL SUITABILITY IN ORANGE COUNTY Planner David Stancil and Soil Scientist Jerry Stimpson presented this report to be received as information by the Board. In summary this report outlined a process for achieving the Commissioners' goal for overall protection of the County's water resources. Planner David Stancil stated that the data collected for this report includes identifying the availability of drinking-water quality ground waters which is contained in the Counties aquifers and the capacity of the soils present in the County to absorb, in an environmentally safe manner, land-applied sanitary waste water from on-site waste treatment systems. David Stancil answered various questions from the members of the Board. He noted that after meeting with some experts in the field, they should be able to determine if the data they have -- both general and specific -- is adequate to be able to produce a hydrogeologic map of the county that can be used to target areas that have available groundwater resources. This information will identify those areas where there is a potential for high yields as well as those areas where there is a potential for community wells. Commissioner Gordon noted that this information could give the County a basis for directing development. Jerry Stimpson used a county map and showed the various soil types in Orange County and the suitability or assimilative capacity of those soils for on-site sanitary waste treatment. He emphasized that the soil mapping, in its present form, is far too general to make predictions of the suitability of soils on a specific site or in a specific area for any particular type of waste treatment technology. John Link clarified that this information on aquifer and soil types is accurate in that it shows areas where there are sufficient groundwater and sufficient soil types for ground absorption. Although this information would be helpful to anyone who might want to develop property in any area of the County, there is still not precise data whereby land use guidelines should be guided by this. Commissioner Willhoit stated he feels that these reports can be used as general guidelines for the Land Use Plan. 4 B. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Tara Fikes, Housing and Community Development Director, gave an overview of a plan to develop a Comprehensive Housing Affordability Strategy for Orange County along with the Towns of Chapel Hill, Carrboro and Hillsborough. She explained that the new National Affordable Housing Act of 1990 replaces many of the old HUD housing assistance programs and provides new opportunities for local governments to provide housing assistance to their low/moderate income residents. In order to participate, a Comprehensive Housing Affordability Strategy which assesses housing needs in a jurisdiction and outlines future plans/strategies to address these identified needs must be developed. Housing staff from Orange County, Chapel Hill, Carrboro and Hillsborough has begun developing a Consolidated Comprehensive Housing Affordability Strategy which would address the entire County. They expect to have a draft plan available for public comment by September 15, 1991. Various questions from the members of the Board were answered by Tara Fikes. The report was received by the Board as information. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. TRIANGLE TRANSIT AUTHORITY VEHICLE TAX Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adopt the resolution as stated below approving the levying of a $5 vehicle registration tax. A CONCURRENT RESOLUTION WHEREBY, DURHAM, ORANGE AND WAKE COUNTIES APPROVE THE LEVY OF A VEHICLE REGISTRATION TAX BY THE RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY WHEREAS, on December 1, 1989, the Research Triangle Regional Public Transportation Authority was chartered pursuant to General Statute 160A- 602 after concurrent resolution by Durham, Orange, and Wake Counties; and, WHEREAS, on July 13, 1991, the General Assembly of North Carolina ratified and enacted House Bill 80 as Chapter 666, which shall be known and may be cited as "an Act to Authorize a Regional Public Transportation Authority to Levy a Vehicle Registration Tax, " and referred to herein as the "Tax Act"; and, WHEREAS, Durham, Orange, and Wake Counties, respective major municipalities, the general public, and other interested parties, both public and private, have actively and consequentially participated in the regional issue and consensus development process fundamental to the establishment of the Research Triangle Regional Public Transportation Authority and the ratification of the Tax Act; and, WHEREAS, the purpose of the Research Triangle Regional Public Transportation Authority is to finance, provide, operate, and maintain a safe, clean, reliable, and economically and environmentally sound public transportation system for Durham, Orange, and Wake Counties in order to enhance mobility in the Research Triangle region and to encourage sound growth patterns; and, 5 WHEREAS, after proper public notice, the Research Triangle Regional Public Transportation Authority Board of Trustees conducted a public hearing on August 15, 1991, as required by the Tax Act; and, WHEREAS, the Research Triangle Regional Public Transportation Authority Special Tax Board approved a tax rate of $5 per motor vehicle on August 28, 1991; and, WHEREAS, General Statute 160A-623 (j) requires that the Board of County Commissioners of each county organizing the Authority pass a resolution approving the levy of the tax; and WHEREAS, it is understood that this concurrent resolution shall not be considered fully adopted until such time, if any, as its three counterparts are adopted by the Boards of Commissioners of durham, Orange and Wake Counties. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the vehicle registration tax of $ 5 per motor vehicle is approved. VOTE: UNANIMOUS B. BID AWARD - COMMUNICATIONS CONTROL CENTER Pam Jones stated that Motorola Communications and Electronics, Inc. submitted the lowest responsible bid. Their cost for the system delivered and installed is $141,776. The system will be functional and ready for training to begin on November 3, 1991. For the record, three other bids were received. They are as stated below: Console Systems, Inc. $ 257, 122 .00 Communications Specialists of Raleigh $ 209,440.00 Radio Communications of Cary $ 159,773 . 00 Pam Jones explained that Reid Whitten of RF Projects, a radio consulting firm, was contracted by the County to evaluate the communications system and together with the EMS staff prepared the specifications. Pam Jones noted that Motorola has indicated they will comply with the specifications and she feels confident that they will deliver that which they have promised. She has no knowledge that the County will have to pay any additional beyond which is on paper at this time. Commissioner Insko questioned if the bid from Motorola was based on meeting all of the specifications. She understands there were some items that did not meet these specifications and that in the process of negotiating with them, they have reviewed every one of these items and said they will meet the specifications for the same amount of money. Pam Jones explained that from a technical point of view, that anytime a specification is all such a technical nature, a specification cannot be written that indicates one vendor and one vendor only will be able to meet it. The specifications outline the performance, what is expected from the consoles, and evaluation is based on that. Reid Whitten stated that the specification was prepared so that it would permit bids from various console manufacturers with the idea 6 that each may do a certain task a slightly different way and the specifications had to permit all of them to bid. He gave several examples. He explained that the low bid complied with the requirement of the specifications and that they indicated on a paragraph by paragraph basis whether or not they comply. He gave an example with the load that a console can hold. In his opinion this is not a significant deviation from the specifications to require the County to spend additional money for providing. No one can meet all the exact features of a good specification. Commissioner Insko clarified that when a bidder makes a bid on a specification where they are making their bid on something that does not meet the specifications, then they are required to identify those by paragraph and describe how they don't meet the specification. Reid Whitten indicated that the specification requires that they give the County in their bid response a paragraph by paragraph statement. If they say they comply, then when the time comes to inspect the equipment they have installed they must comply because they stated in their bid that they complied. Everyone who bids understands that they can modify the specification as long as they explain and identify the modification. Pam Jones explained that the bid is evaluated on the price, the intent of the specifications, and if it is in the best interest of the County. From a functional perspective it is evaluated in terms of doing the job but still meeting the intent of the evaluation. Motorola did not change their response but clarified items paragraph by paragraph that they met the specifications. Reid Whitten gave another example of how Motorola met the specifications regarding program buttons. Motorola could expand to 127 instead of 128. That is considered to be acceptable. No one can be expected to meet all aspects of the specifications. He further explained that the patch channels were part of the specifications but that the EMS matrix was not part of the specifications. Pam Jones explained the process that was followed prior to preparing the final specifications. She emphasized the specification was not changed, but there is a tolerance to any specification. It was the consensus of the Board to delay approval of this contract for additional information on those items that did not meet the specifications. This will be placed on an upcoming agenda. C. VACATION AND SICK LEAVE REVISIONS TO THE PERSONNEL ORDINANCE Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approved those revisions to Article IV, Section 5. 0 for vacation leave and Article IV, Section 6 for sick leave as presented by the Personnel Director and as recommended by the County Manager, effective October 1, 1991. VOTE: UNANIMOUS D. SPIRIT HILL SUBDIVISION This property is located on the northwest side of Palmer's Grove Church Road. The tract is zoned Agricultural Residential and designated Agricultural Residential in the Comprehensive Plan. Ten new lots are proposed out of 11.85 acres. Each lot will have an individual well and septic tank. 7 Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Preliminary Plan for Spirit Hill Subdivision subject to the Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS E. PROPOSED ORDINANCE AMENDMENTS - WATER/SEWER POLICY, ZONING ORDINANCE AND SUBDIVISION REGULATIONS In early April, a landowner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The landowners would now like to use the taps and develop their property. These proposed amendments would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance and the Subdivision Regulations as recommended by the Administration. VOTE: UNANIMOUS F. ADVERTISEMENT - OCTOBER 10, 1991 JPA PUBLIC HEARING Mary Scearbo explained that there are two items to be considered at this public hearing. The first involves American Stone Company and the second involves New Hope Corridor Open Space Master Plan. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the legal notice and items for discussion at the Joint Planning Public Hearing scheduled for October 10, 1991, 7:30 p.m. in the auditorium of Carrboro Elementary School. VOTE: UNANIMOUS G. HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve a revised time schedule for adoption of a proposed Cooperative Planning Agreement between Orange County and the Town of Hillsborough as presented by the Administration. VOTE: UNANIMOUS H. APPROVAL OF CONTRACT - DESIGN SERVICES FOR NORTHERN HUMAN SERVICES BUILDING ROOF Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with RTD Associates, PA, for $7,440 to provide engineering services associated with roof replacement at Northern Human Services Center in Cedar Grove. The County received one other proposal from 8 Michael Hining Architects at a cost of $12,000. VOTE: UNANIMOUS I. CONTRACT APPROVAL - ENVIRONMENTAL ASSESSMENT OF PROPOSED SOUTHERN HUMAN SERVICES SITE Pam Jones explained that two bids were received. Following evaluation of each proposal, it is recommended that a contract be executed with Alliance Technology, Inc. for the following reasons: 1. The scope of work appears to be broader. For example four items do not appear to be addressed or are specifically excluded in the Sirrine proposal, but are included in the Alliance proposal. 2. Alliance provides general liability insurance with limits of $1,000,000. Sirrine does not provide such coverage in their proposal. 3 . From a budgetary point of view, a local consultant would present advantages on reimbursable items such as long distance phone calls and travel to the site. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with Alliance Technologies, Inc. to conduct a Phase I Environmental Assessment of the proposed Southern Human Services site at a cost of $2,987. The County received one other proposal from Sirrine Environmental Consultants at a cost of $2900. VOTE: UNANIMOUS J. APPOINTMENTS - COMMUNITY CHILD PROTECTION TEAM Social Services Director Martha Pryor-Cook explained that the Community Child Protection Team is being established in accordance with Executive Order #142. The team is composed of community and human service representatives who will meet at least quarterly to promote the development of a community-wide approach to the problem of child abuse and neglect. In addition to specified agency representatives, the Executive Order provides the option for the Board to designate up to five representatives of agencies in the community to be invited by the DSS Director to serve on the team. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the appointments as listed below: 1. John Turner, Dean, School of Social Work, UNC-Chapel Hill 2 . Don Hargroves, Chief Juvenile Court Counselor 3 . Hillsborough Exchange Club Member (National and State focus is on child abuse and neglect) 4. Chris Nutter, Dairy Farmer 5. Bonnie Davis, Retired Agricultural Extension Agent VOTE: UNANIMOUS IX. BOARD COMMENTS Vice-Chair Halkiotis announced that Chair Carey is in Chicago on business. Commissioner Gordon asked about the status of the bicycle study and John Link indicated that report would be forthcoming. 9 X. COUNTY MANAGER'S REPORT John Link announced that Eurosport, Inc. , a sports equipment distributor will be locating in Hillsborough in a building on Business 70 formerly occupied by White Furniture Company. XI. APPOINTMENTS SOUTHERN HUMAN SERVICES PLANNING COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to appoint Anne Maddry to this committee. VOTE: UNANIMOUS YOUTH SERVICES NEEDS TASK FORCE Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to appoint Pamela Rigg to this Task Force. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the August 20, 1991 meeting as amended. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Insko, seconded by Commissioner Gordon to go into Executive Session to discuss 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 for consideration, Vice-Chair Halkiotis adjourned the meeting. The next regular meeting will be held on Tuesday, September 17 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 570 RESOLUTION OF THE 1111 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: September 2, 1991 Name of Subdivision: Spirit Hill Owner/Applicant: R. Terry Woods The Board of County Commissioners hereby approves Spirit Hill subdivision preliminary plat, :dated:June 3 , 1991 and containing 10 lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Spirit Hill Drive. This acceptance by Orange County of the dedication to the general public of Spirit Hill Drive shall be without maintenance responsibility. This road shall be maintained by the owner/applicant until such time as it is accepted for maintenance by the North Carolina • Department of Transportation or some other governmental body. Before the Final Plat of Spirit Hill can be recorded: A. Sewage Disposal 1. Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2 . Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1. Spirit Hill Drive shall be constructed to standards of the North Carolina Department of Transportation, within a 50 foot right-of-way, and the construction shall be inspected and approved by NCDOT. 4111 OR 2 A letter of credit, escrow agreement, or: bond shall be submitted to secure construction of Spirit Hill Drive to the • standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2 . A 10 ' by 70 ' sight triangle shall be shown at the entrance of the subdivision. 3 . Lots 1 and 10 shall access onto Spirit Hill Drive. All lots shall access onto the new subdivision road. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4 . Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be • submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. 5. Submit an erosion control plan for construction of the road. The plan shall be submitted and approved prior to the start of any timbering, clearing or construction. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation • and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2 . Provisions for protection of existing trees as shown on the 4110 approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 572 D. Parkland 1. Cash in the amount of $942 . 00 shall be paid to Orange 1111 County as payment in lieu of parkland dedication (1/35 x 3 , 300/acre = $94 . 28/lot x 10 lots = $942 . 00) . E. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. F. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2 . A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3 . The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4. The North Carolina Department of Transportation shall certify that Spirit Hill Drive has been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. A6::" 6;22 /4"--(Le---- Sig atur/of Applican Cle, to the B•.rd accept the above listed conditions of subdi.vi ion prowl, and acknowledge that each must be met prior to recordatio of the final plat. 1111