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HomeMy WebLinkAboutMinutes - 19911104 Approved November 19, 1991 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 4, 1991 The Orange County Board of Commissioners met in regular session on Monday, November 4, 1991 at 7: 30 p.m. in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen Halkiotis and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Purchasing Agent David Cannell, Finance Director Ken Chavious, Planning Director Marvin Collins, Accountant Howard Fitts, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Public Works Director Wilbert McAdoo, Recreation and Parks Director MaryAnne Moore, Department artment on Aging Director Je rry Passmore, Accountant for Social Services Rick Poole, Land Records Manager Roscoe Reeve, Health Director Dan Reimer, Planners Jane Garrett, Eddie Kirk and Mary Scearbo, County Engineer Paul Thames, EMS Director Nick Waters, and Management Analyst Sharon Siler. NOTE: All documents referred to in these minutes are located in the permanent agenda file in the Clerk's Office. BOARD COMMENTS Chairman Moses Carey announced that he is aware of the concern the citizens in Perry Hills Subdivision have raised with regard to the proposed Frazier Road solid waste collection center. He has asked that work be suspended on this site until further notice. County Manager John Link stated that the staff is proceeding to carry out a plan for the County which will provide for 12-15 solid waste management locations throughout the County. At each location there would be the ability to handle that areas solid waste disposal and recyclables. The location of sites is driven by available land. The staff is evaluating the Frazier Road site as to soil suitability and work at this site has been suspended. This same challenge will be found as other sites are located throughout the County. Commissioner Halkiotis stated that this facility is located at the entrance of a well maintained community. He agrees with relocating this site. Also, something needs to be done about the used car lot with all the trash at the end of the road. Commissioner Insko informed the Board that the subcommittee looking at whether there is a need for one or two high schools did meet. She will send out a written report with further information. a a 2 COUNTY MANAGER'S REPORT 1. REPORT ON EAS John Link stated that the County Attorney has prepared for the Board's consideration a "Petition for Intervention by Orange County" . Within the next two weeks, County staff will prepare the actual request for reconsideration as indicated at the last Board meeting. Geoff Gledhill stated that the Utilities Commission entered an order granting an extension of time to file notice of appeal in response to the public staff's request that that be done. The public staff has until November 26, 1991 to appeal the Commission's decision entered on September 27. That appeal would go to the North Carolina Court of Appeals. The public staff has also filed a motion for reconsideration and in response to that, the Utilities Commission has established a schedule for all parties to respond to the public staff's motion for reconsideration. In addition, the Attorney General has filed a motion joining the public staff's motion for reconsideration. The response to the public staff's motion for reconsideration must be filed on or before November 27 and replies from everybody would need to be filed no later than Friday, December 13, 1991. It will probably be after the first of the year before some response will come from the Utilities Commission. The first step that Orange County must take to become a party to this action is to be permitted to intervene. That petition has been prepared and distributed to the Board this evening for their consideration. Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the filing of the application to intervene in the Orange County EAS case before the North Carolina Utilities Commission. VOTE: UNANIMOUS 2. RECOGNITION OF SHARON SILER AND JERRY PASSMORE John Link introduced Sharon Siler, Management Analyst, and stated that she will be assisting all departments with public education and public information needs of the County as well as working on special projects which will include coordination of services. Ms. Siler has worked eight years for the State in health education. John Link recognized Jerry Passmore, Director of the Department on Aging, for receiving the Nathan H. Yelton award for his contributions to the field of aging in the State. He was commended by the members of the Board for this achievement. I. ADDITIONS OR CHANGES TO THE AGENDA -- NONE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA -- NONE B. MATTERS NOT ON THE PRINTED AGENDA Reverend Fred Jones, 607 Lancaster Road, asked why the location for the solid waste collection site was picked and was an EPA agent contacted. If the waste containers are put at this location and the value of their homes depreciate, this collection site will be the cause of depreciation. The County should be responsible for paying the difference in the value of their homes. i t 3 Ms. Mary Fuller stated that the citizens of Efland and Cheeks Township ask that the Board of Commissioners suspend further development on the Frazier Road solid waste collection center in the Perry Hills Subdivision. She stated that this site will be a health hazard and will pose additional health problems. The citizens are angry with the method used by the Board of County Commissioners and the Planning Department in choosing the site. The location of the site is what upset these citizens. She feels this site is not environmentally safe and defeats the purpose of Senate Bill 111. She asked the County to work with their community to locate a more suitable site ---- one that will benefit the community and the county --- and keep their homes and families safe. She suggested that the county share with them the other proposed sites and maybe a more suitable site could be found. Her group is willing to assist in contacting property owners in that area. She asked that the Board share with them the EPA report on this Frazier Road site before any land removal takes place. She indicated that two sites have been located if the property owners are willing to sell. The first site in off the Efland exit and I-85. The second site is the dirt portion of Frazier Road crossing over Lebanon Road. They definitely do not want this solid waste collection site as proposed but are willing to work with the County in locating another site. Mr. Don Dickerson indicated that these citizens understand the mandate from the State. Their concern is that perhaps this site is not suitable. They feel it is environmentally unsafe. Chair Carey thanked the citizens for expressing their concerns and stressed that the County does have a responsibility for providing a way for citizens to dispose of solid waste. He asked the citizens to help the County in this effort. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. ITEMS o F R DECISION - CONSENT AGENDA Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the one item on the Consent Agenda as listed below: A. BUDGET ORDINANCE AMENDMENT #5 The Board approved the budget, amendment as listed below: GENERAL SOURCE Source - Intergovernmental $ 213, 301 Appropriation - Human Services $ 213, 301 (to budget for Daycare reallocation) Source - Intergovernmental $ 49,265 Appropriation - Human Services $ 49,265 (to budget for AFDC Transitional Daycare funds) Source - Miscellaneous $ 6, 000 Appropriation -- Outside Agencies $ 6, 000 (to budget for grant funding to the Triangle Transit Authority) Source - Miscellaneous $ 6, 025 Appropriations - Community Planning $ 6,025 (to budget for Regional Bicycle Plan) i f 4 NCMH/EMS CONTRACTS FUND Source -- Charges for Services $ 18, 000 Appropriation - Public Safety $ 18, 000 (to budget for updated Carolina Air Care Ground Unit contract renewal) VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION OF DECEMBER 1-7, 1991 AS HOME CARE WEEK IN ORANGE COUNTY Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to proclaim the week of December 1 -7, 1991 as Home Care Week in Orange County in accordance with the proclamation as stated below: PROCLAMATION The citizens of Orange County have benefited from the advantages of home care for decades. As an alternative to institutional care, home care fosters a sense of independence and self-respect by affording patients the right to receive services in the comfort of their homes, with the reassurance and companionship of family and friends. Through the dedication and caring of Orange County home care providers and caregivers, a wide variety of home care services are available to our citizens. Home care allows quality care to be brought to all those in need: the young and old, indigent and wealthy, urban and rural. By caring for the individual at home, home care not only strengthens the family bond, but serves as a cost-effective method of care by avoiding unnecessary institutional care. Home care providers are recognized for their meaningful work with our ill and disabled citizens. Through the special relationships formed between patient and caregiver, a better quality of life and sense of dignity are achieved by many Orange County resident each year. NOW, THEREFORE, the Orange County Board of Commissioners, do hereby proclaim December 1 through December 7, 1991 as "National Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. IN WITNESS, WHEREOF, I hereunto set my hands and affix the seal of Orange County, this Fourth Day of November, Nineteen Hundred and Ninety-One. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS - 1. SUP-1-91 GREEN HILL BED AND BREAKFAST This item was presented for Board consideration of a request for a Class A Special Use Permit for the non-residential use of the historic "Green Hill" residence. The applicants, William Thomas Proctor, III and Evelyn D. Proctor, have requested a Class A Special Use Permit for a Non-Residential Reuse/Mixed Use of an historic structure located at the southwestern corner of the intersection of US 70 and 1 5 Lawrence Road. On October 7, a public hearing was held. On October 21, the Planning Board approved the application with the attachment of three conditions. Motion was made by Commissioner Willhoit seconded b ■ by Commissioner Halkiotis to close the public hearing and to approve the issuance of a Class A Special Use Permit as recommended by the Administration which complies with the standards and required regulations with the attachment of the following conditions: 1. Roads, parking areas, walkways, utilities, and landscaping shall be maintained as shown on the approved plans. All such facilities shall further be maintained and operated in a safe manner. 2 . The final site plan and narrative of the project are to be incorporated here in and made a part of this Special Use Permit. Copies of the final site plan and narrative are to remain on file with the Orange County Planning and Inspections Department. 3 . The Bed and Breakfast shall be operated according to the site plan and written narrative supplied by the developer i and in compliance with the above conditions. VOTE: UNANIMOUS VII. REPORTS A. 1990-91 COMPREHENSIVE ANNUAL FINANCIAL REPORT The Board received this report for information only. The Comprehensive Annual Financial Report covers all financial activity of the County for the fiscal year 1990-91. Finance Director Ken Chavious highlighted several areas of the report. B. MAINFRAME COMPUTER STATUS The Board received a status report of the County mainframe computer use and capabilities and future needs. Various questions from the Board Members were answered by Keith Brooks. A report listing the options for meeting future needs and the associated cost will be forthcoming for Board consideration. C. PROPOSED PUBLIC SWIMMING POOL The Board received in their agenda packet a report on the Recreation and Parks Advisory Council's recommendation which requests the Board to include in this years CIP the construction of a public swimming pool. Susan Waldrop, Chair of the Recreation and Parks Advisory Council gave an account of the history and process which led up to this recommendation. She explained how the proposed public- private venture would work. John Link estimates that the lease payments will cost $150,000 a year for twenty years at which time the County would own the pool. The operating costs are questionable but may be as high as $150,000. The Board requested additional information which will be provided by MaryAnne Moore, Recreation and Parks Director. i S Y D. HYCONEECHEE REGIONAL LIBRARY Chairman Moses Carey reported on a proposed P lan to address the recommendations included in the September 16, 1991 State Auditor's review and recommendation from the State Librarian. This plan includes forming a special task force to implement these recommendations. Motion was made by Chair Carey, seconded by Commissioner Halkiotis to appoint Commissioner Verla Insko and Library Board of Trustee member Jerry Eidenier to this Special Task Force. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGULAR AGENDA A. BID AWARD - 911 CONSOLE EQUIPMENT Motion was made by Chairman Carey, seconded by Commissioner Willhoit to award the bid for 911 Console Equipment to Motorola, Inc. for a sum of $155, 007. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) Other bids were received from the following vendors: Communications Specialists $ 164,995 Radio Communications of Cary $ 154 , 142 (The equipment, as bid, was not in compliance with specifications. ) B. CABARRUS COUNTY TAX CASE Motion was made by Commissioner Insko to allocate $750 to Cabarrus County. This motion failed for lack of a second. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve an allocation, to be funded from contingency, of $1,408 to Cabarrus County to help with its legal costs in the case concerning Tax Management Associates and Philip Morris. VOTE: UNANIMOUS C. ADVERTISEMENT .. NOVEMBER 25■ 1991 PUBLIC HEARING Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the advertisement for November 25 as presented with the deletion of 3 (b) for Home Occupation Permits. VOTE: UNANIMOUS D. KAYE CHAMBERS -- PARTIAL WIDTH RIGHT-OF-WAY Othar Thompson wishes to subdivide his 5.5 acre tract into three lots and convey one of the lots to his granddaughter, Kaye Chambers, to construct a house. Because of existing structures, access for all proposed lots cannot be provided within the tract. The existing driveway on lots 11 and 12 will be extended approximately 130 feet ending in a cul-de-sac. The entire length will be upgraded to Class B private road standards. Two of the three lots will be served by this private road while the third lot has direct access onto NC 86. A partial width right-of-way o f 25 feet is needed for the private road since the location of existing structures preclude the provision of the full right-of-way. t + I' 7 Motion was made by Commissioner Willhoit, seconded by approve Halkiotis to rove a request pp q t by Kaye Chambers for a a reduction in right-of-way width from 50 feet to 25 feet. VOTE: UNANIMOUS E. HEALTH DEPARTMENT FEES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt changes in Health Department p fees effective this date as stated below: (1) Increase the charge of a rabies inoculation given at Animal Control sponsored Rabies Clinics to $5 . 00 per inoculation g iven. (2) Adopt the Medicaid approved reimbursement rate of $475 . 00 for insertion of the contraceptive, Norplant. (3) Set the fee for the rabies vaccination to Orange County veterinarians and their staff at $30 . 00 per dose. VOTE: UNANIMOUS XI . APPOINTMENTS Motion was made by Commissioner Gordon, seconded by Chairman Carey to approve the following appointments: (1) EMS Advisory Council - Carol Lorenz as the Hillsborough representative for a three year term. (2) Planning Board -- James Gray as the Bingham representative who will complete an unexpired term ending February 1, 1992 . VOTE: UNANIMOUS XII . MINUTES Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the minutes for the regular October 22 , 1991 meeting as amended. VOTE: UNANIMOUS XIII . EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items for consideration, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, November 19 , 1991 in the OWASA meeting room in Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk