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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. 2 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 3 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: 4 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 5 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. 6 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 8 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 9 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