HomeMy WebLinkAboutMinutes - 19920121APPROVED 2-3-92
MINIITES
ORANGE COIINTY BOARD OF COMMISSIONERB
REGOLAR MEETING
JANIIARY 21, 1992
The Orange County Board of Commissioners met in Regular Session on
Tuesday, January 21, 1992 at 7:30 p.m. in the OWASA Community Meeting Room,
Jones Ferry Road, Carrboro, North Carolina.
BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners
Stephen H. Halkiotis, 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, Economic Development Director Ted
Abernathy, Clerk to the Board Beverly A. Blythe, Finance Director Ken
Chavious, Administrative Assistant to Assistant County Managers Loretta
Coble, Planning Director Marvin Collins, Housing and Community Development
Director Tara Fikes, Personnel Director Elaine Holmes, Purchasing Director
Pam Jones, Budget Director Sally Kost, Acting Commission for Women Director
Lucy Lewis, Public Works Director Wilbert McAdoo, Recreation and Parks
Director MaryAnne Moore, Department on Aging Director Jerry Passmore, Health
Director Dan Reimer, Planners Mary Scearbo and Don Powell, Systems Analyst
Jane Sparks, and County Engineer Paul Thames.
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA
FILE IN THE CLERK'S OFFICE.
I. ADDITIONS OR CHANGES TO THE AGENDA
A resolution endorsing extended area telephone service customer polling
was added as item IV-A.
11. AIIDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey announced that those who want to speak to an item on the
Printed Agenda will be recognized at the appropriate time.
B. MATTERS NOT ON THE PRINTED AGENDA - NONE
PUBLIC CHARGE
Chairman Carey dispensed with the reading of the Public Charge.
III. ITEMS FOR DECISION - CONSENT AGENDA
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to approved those items on the Consent Agenda as listed below:
A. DISCIPLINARY ACTION REVISION TO THE PERSONNEL ORDINANCE
The Board approved revisions and additions to Section 4.0, Article
IX and to Sections 8 and 10, Article III of the Personnel Ordinance. These
amendments are incorporated into these minutes by reference and may be found
on pages attached to these minutes.
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B. BID AWARD - CENTRAL RECREATION CENTER ROOF REPLACEMENT
The Board approved a contract for Cyclone Roofing Company in the
amount of $27,300 and authorized the Chair to sign contingent upon staff and
attorney review. The other bids received are listed below:
Interstate Roofing, Charlotte $ 34,381
Cannon Roofing, Spartenburg $ 28,086
Mecklenburg Roofing, Charlotte $ 29,914
Lanway Roofing, Raleigh $ 28,920
C. RESOLUTION TO APPLY AND ENTER INTO AGREEMENT WITH N.C. DEPARTMENT
OF TRANSPORTATION FOR UMTA SECTION 18 CAPITAL FUNDS
The Board approved and authorized the Chair to sign a resolution to
apply for UMTA Section 18 Capital Funding and enter into an agreement with
the North Carolina Department of Transportation contingent on the review of
the County Attorney. The resolution is stated below:
WHEREAS, the North Carolina Department of Transportation has received a grant
from the US Department of Transportation authorized by Section 18
of Urban Mass Transportation Act of 1964, as amended, to provide
assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies
to local agencies for the provision of rural public transportation
services; and
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and
the Governor of North Carolina have designated the North Carolina
Department of Transportation (NCDOT) as the agency responsible for
administering funds received through Section 18 of the Urban Mass
Transportation Act of 1964; and
WHEREAS, The County of Orange, hereby assures and certifies that it will
comply with the Federal Statutes, regulations, executive orders, the
Special Section 13 (c) Warranty, and all administrative requirements
which relate to the applications made to and grants received from
the Urban Mass Transportation Administration, as well as the
provisions of Section 1001 of Title 18, U.S.C.
NOW, THEREFORE, be it resolved that the Chair of the Orange County
Commissioners is hereby authorized to submit a grant application for
funding under Section 18 of the Urban Mass Transportation Act of
1964, make the necessary assurances and certifications and be
empowered to enter into an agreement with the NCDOT to provide rural
public transportation services.
D. BUDGET ORDINANCE AMENDMENT #9
The Board approved the following amendments to the 1991-92 Budget
Ordinance:
GENERAL FUND
Source - Transfers in
Appropriation - Miscellaneous
SCHOOL CAPITAL RESERVE FUND
Source - Appropriated Fund Balance
Appropriation - Transfer to Other
(To budget for survey of Orange
proposed school bond referendum.)
$ 9,850
$ 9,850
$ 9,850
Funds $ 9,850
County voters concerning the
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E. HISTORIC INVENTORY GRANT APPLICATION - PHASE II
In January, 1991, Orange County applied for and received a $5,000
grant to conduct an inventory of historic sites and structures in the
unincorporated portions of Chapel Hill Township. This represented Phase I
of a larger project. Phase II will involve an inventory of historic sites
and structures in the remaining unincorporated portions of the County.
The Board authorized the County Manager to apply for up to $15,000
from the Survey and Planning Grant Program. The amount would be matched by
$15,000 from Orange County.
F. RESOLUTION FOR COOPERATIVE PURCHASING AGREEMENT
The Board approved and authorized the Purchasing Director to sign
a resolution (as stated below) authorizing a cooperative purchasing agreement
between the County of Orange and the City of Raleigh for the purchase of
fifteen (15) Law Enforcement four-door sedans.
A RESOLUTION AUTHORIZING COOPERATIVE PURCHASING BETWEEN
ORANGE COUNTY AND OTHER COUNTY AND MUNICIPAL GOVERNMENTS
WHEREAS, the Commissioners of the County of Orange, North Carolina, see the
need to maintain efficient local services by purchasing needed
supplies and materials at the lowest possible purchasing price; and
WHEREAS, the Commissioners of the County of Orange, North Carolina, realize
the value of cooperative purchasing in saving money and exchanging
important information among County and municipal governments in the
immediate geographical area; and
WHEREAS, the Commissioners of the County of Orange, North Carolina, realize
the importance of selecting the bid proposal that is most
advantageous to the needs of the people of the County of Orange; and
WHEREAS, authority for cooperative purchasing by and between several units
of local government is found in Article 20 of Chapter 160A of the
General Statutes of North Carolina,
WHEREAS, the City of Raleigh solicited proposals for law enforcement vehicles
for itself and other governments composing the Triangle J Regional
Council of Governments on December 11, 1991, and that bid was
awarded to Capital Ford of Raleigh,
NOW, therefore, be it resolved by the Commissioners of the County of
Orange, North Carolina, pursuant to Board action on January 6, 1992
authorizing the purchase of fifteen law enforcement vehicles, that
the Director of Purchasing and Central Services of the County of
Orange is authorized to contract with the City of Raleigh for
fifteen (15) Crown Victoria vehicles from Capital Ford at a total
cost of $175,710.00 through the City of Raleigh's bid of December
11, 1991.
VOTE: UNANIMOUS
IV. RESOLUTIONS/PROCLAMATIONS
A. RESOLUTION ENDORSING EBTENDED AREA TELEPHONE SERVICE CUSTOMER
POLLING
Motion was made by Commissioner Gordon, seconded by Chair Carey to
approve and authorize the Chair to sign the resolution as stated below:
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RESOLUTION ENDORSING EXTENDED AREA TELEPHONE
SERVICE CUSTOMER POLLING
WHEREAS, citizens of Orange County during the last twenty years have
repeatedly sought the right to be polled about their preferences on
the matter of flat-rate Extended Area Telephone Service (EAS) in
Orange County, and
WHEREAS, such efforts have repeatedly been turned down, most recently in the
September 27, 1991 order of the North Carolina Utilities Commission
denying Orange County EAS, and
WHEREAS, the Utilities Commission based its order largely on objections to
proposals for flat-rate EAS raised by Mebane Home Telephone Company,
and
WHEREAS, Mebane Home Telephone Company has since worked diligently and in
good faith with representatives of Orange County government and
citizen groups to overcome barriers to polling customers about their
EAS preferences, and has submitted proposals to the Utilities
Commission that, if approved, would lead to such polling,
NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS
ENDORSES the proposals set forth by Mebane Home Telephone company:
namely, that a poll of all customers in the Mebane Exchange be
conducted with additional monthly charges for flat-rate EAS to
Centel's Hillsborough and Southern Bell's Chapel Hill exchanges at
$3.19 for residential customers and $8.08 for each business access
line; and should EAS not pass in such a vote, that a second poll
involving only Orange County customers of Mebane Home Telephone be
conducted at $4.39 and $11.12 for residential and business access
customers respectively; REQUESTS that the North Carolina Utilities
Commission reconsider its decision of September 27, 1991 and as soon
as possible order polling of telephone customers in accordance with
the Mebane Home Telephone proposal; further, that the votes of the
Mebane Home and Centel exchanges should be combined in determining
whether Orange County EAS passes or fails; and DIRECTS the County
Attorney to file with the North Carolina Utilities commission a
response, to the Mebane Home Telephone comments, that incorporates
the points made in this resolution.
VOTE: UNANIMOUS
O. SPECIAL PRESENTATIONS
A. ORANGE COIINTY ARTS COMMISSION PRESENTATION OF GRANT AWARDS AND
REPORT
Bill Hannah, Vice-Chair of the Arts Commission made a few
comments about the Arts Commission. Checks were distributed to the following
organizations:
Ackland Art Museum $ 970.00
Carrboro PTA 350.00
CHCCS PTA Cultural Enrichment Comm. 1,000.00
Community Youth Theatre 400.00
Efland-Cheeks School 300.00
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Estes Hills PTA 150.00
Grady Brown School 325.00
Hillsborough Arts Council 1,000.00
Horace Williams House 150.00
Horace Williams House 400.00
Musica 700.00
Orange County Public Library 500.00
Perihelion Theatre 1,000.00
Sam Irving Productions-CH High 365.00
St. Mary's School- 1,000.00
Stanback Middle School 1,000.00
Touch Mime theatre 1,000.00
VI. PUBLIC SEARING - NONE
VII. REPORTS
A. 24-HOUR COURTHOUSE UPDATE
John Link explained that since January, 1991, the 24-Hour Courthouse
Project Team has worked closely with Southern Media to write and edit
descriptions of County department activities; select video shots; write and
edit voice narratives for video shots, finalize the design for the kiosk and
shoot video footage. The project is scheduled to be completed by April 30.
Jane Sparks, Data Processing, and Peggy Rabb, Southern Media programmed and
produced excerpts of the 24-Hour Courthouse project and demonstrated by using
several menus how the program would be used by the citizens. Jane Sparks
will be updating the narrative for the program weekly. The video will be
updated every two or three years. The project will be named "In Touch with
Orange County". A section on the commonly asked questions will be pursued
at a later time.
B. TANGLEWOOD ACRES SIIBDIVISION
John Link stated that in response to a concern expressed by Khye
Weng Ng and Guat Cheng Ng about Tanglewood Acres Subdivision, a resolution
has been reached. Mr. Ng has agreed to post a letter of credit which will
delay the construction of the road for one year and allow for the recordation
of the plat and the sale of lots prior to road construction.
C. SCHOOL BOND REFERENDUM
Chair Carey stated that Commissioner Insko will serve with him on
the nonbinding committee. Commissioner Gordon shared with the Board some
calculations on projected enrollment versus capacity.
D. IMPACT FEES FOR PIIBLIC SCHOOL FACILITIES
Marvin Collins presented a technical report on methods used for
calculating proportionate share impact fees for financing public school
facilities. He summarized the steps that will be used in the process of
deriving impact fees. This report will be shared with the school systems and
citizens for their comments.
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The Board agreed to add to their list of items for continuing
discussion with the schools the use of school facilities by recreation
departments, state and local standards (construction costs) and the
replacement of schools.
E. APPOINTMENT OF BOND COIINSEL
John Link reported to the Board on hiring a bond firm located in
North Carolina. He stated that if the County decides on a bond referendum
for May, he recommends that the County retain its current bond counsel of
Brown & Wood. If the bond referendum is later than May, he will do an
assessment process in an effort to locate a firm in North Carolina.
F. COMMONITY INTEREST IN A PLAYGROUND FOR THE PERRY HILLS SIIBDIVISION
MaryAnne Moore reported on the interest expressed by the citizens
of Perry Hills Subdivision for a playground to serve the residents of that
community. This neighborhood is located between the proposed Efland Park and
Lake Michel. The Recreation and Parks Advisory Council recognizes the
uniqueness of this subdivision but county policy direction to date has been
one of focusing efforts on developing six identified larger community, not
neighborhood, parks.
Commissioner Willhoit suggested that the County try to sell this
land for $12,000 and put the money back into the solid waste fund. The Board
agreed that the land would be placed on the market at a fair market value.
The County would be receptive to working with the community if they would
like to purchase this property for a park. Commissioner Willhoit noted that
the property will be more valuable when sewer lines are available.
G. SE~PER BOTTLENECK
Ted Abernathy reported that progress is being made to correct the
sewer bottleneck which exists at 86/70A and Elizabeth Brady Road. In 1988
the County set aside $66, 000 as its contribution to correct this problem.
Complications delayed the project which caused an increase in the cost of the
project. In February a formal request will be made for the County to
contribute an additional $12,000.
VIII. ITEMS FOR DECISION - REGIILAR AGENDA
A. MATERNAL AND INFANT OIITREACH PROJECT
Dan Reimer reported on a proposal to accept a grant through the state
from the Kate B. Reynolds Trust to establish two (2) Maternal Outreach Worker
positions as an adjunct to the Baby Love, Maternity Care Coordination
Program.
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to accept a grant through the State from the Kate B. Reynolds Trust
and to establish two, time-limited, Maternal Outreach Worker positions which
would be tied to available funding through the grant, and account for the
program funds through a grant project ordinance.
VOTE: AYES, 4; ABSTENTION, 1 (Chairman Carey because the organization he
works for will be sharing this position).
B. RESPONSE TO PENDING NPDES APPLICATION
Marvin Collins asked the Board to consider a response to applications
for NPDES permits from the N.C. Division of Environmental Management (NCDEM).
Orange County was notified recently by the NCDEM that it had received
applications for National Pollutant Discharge Elimination System (NPDES)
permits from Martin-Marietta Aggregates and M. M. Fowler, Inc. The Martin-
Marietta application is for the purpose of discharging wastewater from the
quarry on N.C. Highway 54 to Phils Creek. The M.M. Fowler, Inc. application
is for the purpose of discharging wastewater from a treatment facility at
Hurley's I-85 Gulf (BP) Station on N.C. Highway 86. Comments on these two
applications must be submitted to NCDEM no later than January 23, 1992. This
did not provide adequate time for staff review. Martin-Marietta is located
in the University Lake Watershed and the Joint Planning Area. NCDEM is
authorized to conduct public hearings on such applications, and a public
hearing may be the best format for the presentation of comments by concerned
parties.
Mr. Danzinger noted that at the public hearing held in Carrboro on
October 10, 1991, seven people spoke against development of the quarry and
no citizen spoke in favor of this development. He asked that the Board
direct Moses Carey to not allow American Stone to expand their existing
quarry because (1) consistency of past actions to protect the watershed, (2)
it is not fair to the citizens in the neighborhood who have had other
restrictions placed on their land, (3) if American Stone is told that it is
okay to do this they will then come back to the Board of County Commissioners
with a request to enlarge the asphalt plant and expand the quarry and it will
be hard to say no, (4) it will cost more money to clean what is now being
incurred and when the asphalt and quarry plant are there it will cost even
more, and (5) the citizens have waited 25 years for the quarry to shut down.
If the quarry does not expand, then other uses for this land need to be
explored. He supports a negative response to DEM.
After a lengthy discussion, a motion was made by Commissioner
Halkiotis, seconded by Commissioner Willhoit to write a letter requesting
that a public hearing be held for M. M. Fowler, Inc. and American Stone with
the statement that if a public hearing is not considered for American Stone
that the County recommends that the permit be denied.
VOTE: UNANIMOUS
C. GOVERNMENT SERVICES CENTER NAME
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to officially name the new facility currently being constructed at
the corner of Margaret Lane and Cameron Street "Orange County Government
Services Center".
VOTE: UNANIMOUS
D. ESTABLISH AN ORANGE COUNTY SOLID iQASTE COMMITTEE
Motion was made by Commissioner Insko, seconded by Commissioner
Willhoit to adopt the resolution as stated below establishing an Orange
County Solid Waste Committee including the charge and agenda as outlined in
the agenda abstract.
VOTE: UNANIMOUS
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A RESOLUTION ESTABLISHING
THE ORANGE COUNTY SOLID WASTE COMMITTEE
WHEREAS, Orange County is investigating various alternatives for integrated
solid waste management; and
WHEREAS, a good solid waste management plan incorporates goals of the state
and county as well as the provision of a satisfactory level of service to the
citizens of Orange County; and
WHEREAS, citizen satisfaction with and commitment to a plan is enhanced by
their understanding of and involvement in the creation of the plan;
NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners
that the Commissioners hereby establish an Orange County Solid Waste
Committee to consist of members appointed by the governing body.
BE IT FURTHER RESOLVED that the charge of the Committee shall be:
(1) To identify a means for compliance with state mandates regarding
solid waste management in unincorporated Orange County.
(2) To identify solid waste collection service to be. provided as
determined by citizen needs.
(3) To identify equitable financing for the chosen level of service.
(4) To identify means for garnering citizen support for and
commitment to a solid waste management plan.
VOTE: UNANIMOUS
E. ORIENTATION TRAINING FOR BOARDS AND COMMISSIONS
This item was delayed and will be placed on the February 18th agenda
for consideration.
IB. BOARD COMMENTS
Commissioner Gordon informed the Board that TJCOG will meet at New Hope
School to discuss main issues in Orange County. She feels the main issues
are water, land use, school bond and landfill.
Commissioner Halkiotis reported on a conference he just attended on
sentencing. He would like to place on an upcoming agenda a discussion on the
housing of all misdemeanants. The State is proposing that all misdemeanants
be housed in local jails instead of State prisons. There is general agreement
with the plan if funding is made available.
X. COIINTY MANAGER'S REPORT - NONE
BI. APPOINTMENTS
LOCAL EMERGENCY RESPONSE PLANNING COMMITTEE
Motion was made by Commissioner Willhoit, seconded by Chairman
Carey to appoint William Robbins to a three year term.
VOTE: UNANIMOUS
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TRIANGLE J EMERGENCY MEDICAL SERVICES COIINCIL
Motion was made by Commissioner Willhoit, seconded by
Commissioner Insko to appoint Victor Germino to a three year term.
VOTE: UNANIMOUS
COMMISSION FOR WOMEN
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to appoint Emma Beckham and Valor Mack to finish unexpired terms
ending June 30, 1992. '
VOTE: UNANIMOUS
ORANGE COIINTY PLANNING BOARD
Motion was made by Commissioner Gordon, seconded by Chairman
Carey to reappoint H. Paul Hoecke, Wm. Waddell, D. Kent Scott, C 1 i n t o n
Burklin, and Virginia Boland for three year terms.
VOTE: UNANIMOUS
XII. MINIITES
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to approve the minutes for October 10, 1991 - JPA Public Hearing
as corrected.
VOTE: UNANIMOUS
Motion was made by Commissioner Gordon, seconded by Commissioner
Insko to approve the minutes for January 6, 1992 - Regular Meeting as
circulated.
VOTE: UNANIMOUS
XIII. EXECIITIVE SESSION -NONE
XIV. ADJOIIRNMENT
With no further items
the meeting at 10:40 p.m. The
February 3, 1992 at 7:30 p.m.
Hillsborough, North Carolina.
Beverly A. Blythe, Clerk
for discussion, Chairman Moses Carey adjourned
next regular meeting will be held on Monday,
in the Courtroom of the Old Courthouse in
Moses Carey, Jr., Chair