HomeMy WebLinkAboutMinutes - 199212071
APPROVED 2/1/93
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
DECEMBER 7, 1992
The Orange County Board of Commissioners met in Regular Session on
December 7, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse,
Hillsborough, North Carolina.
COIINTY COMMISSIONERS PREBENT: Chair Moses Carey, Jr., and Commis-
sioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don
Willhoit.
COIINTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., and Assistant
County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly
A. Blythe, Personnel Analyst Lana Chandra, Supervisor of Erosion Control
Warren Faircloth, Director of Housing and Community Development Tara Fikes,
Personnel Director Elaine Holmes, Purchasing Director Pam Jones, EMS
Director of Administration Jeanette Smith, Social Services Director Marti
Pryor-Cook, Health Director Dan Reimer, EMS Fire Marshall Mike Tapp, EMS
Director Nick Waters, and Planner Mary Willis.
A. OATHS OF OFFICE FOR BOARD MEMBERS
The Oath of Office was given to Moses Carey, Jr. and Don Willhoit by
Clerk to the Board Beverly Blythe. These signed oaths are on file in the
Clerk's Office and in the Clerk of Courts Office. For the record, Moses
Carey, Jr. was reelected for his third term as County Commissioner and Don
Willhoit was reelected for his fifth term as County Commissioner.
B. BOARD ORGANIZATION
1. ELECTION OF CHAIR AND VICE-CHAIR
The Board elected Moses Carey, Jr. as Chair until the first
meeting in December, 1993. The vote was unanimous.
The Board elected Stephen H. Halkiotis as Vice-Chair until the
first meeting in December, 1993. The vote was unanimous.
2~ VOTING DELEGATE FOR NACO MEETINGS
Motion was made by Commissioner Insko, seconded by Commissioner
Gordon to nominate Commissioner Willhoit as the voting delegate for the
NCACC meeting to be held in Greensboro on December 10 and 11.
VOTE: UNANIMOUS
C. APPOINTMENTS
1. MANAGER
Motion was made by Commissioner Willhoit, seconded by
Commissioner Halkiotis to appoint John M. Link, Jr. as County Manager.
VOTE: UNANIMOUS
2. CLERK TO THE BOARD
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Motion was made by Commissioner Halkiotis, seconded by
Commissioner Gordon to appoint Beverly A. Blythe as Clerk to the Board.
VOTE: UNANIMOUS
3. COUNTY ATTORNEY
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to continue the County's association with the firm of Coleman,
Gledhill and Hargrove for services as the County Attorney.
VOTE: UNANIMOUS
4. BOARD MEMBER APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS
No changes were made to the Board appointments to the various
County Boards and Commissions.
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
Item 8-B was deleted from the agenda.
II. AUDIENCE COMMENTS
I. MATTERS ON THE PRINTED AGENDA
Chair Carey indicated that those who want to speak to an item on
the printed agenda will be recognized at the appropriate time.
II. MATTERS NOT ON THE PRINTED AGENDA
Callie Warner distributed a video by Randall Arendt and other
written/printed material about the University Station project and asked the
County Commissioners to consider this information when considering the Rural
Character Study, the Open Space concept and University Station.
John Link gave an update on the tornado relief efforts taking
place.
PUBLIC CHARGE
Chair Moses Carey, Jr. read the Public Charge.
III. ITEMS FOR DECISION - CONSENT AGENDA
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Insko to approve those items on the Consent Agenda as listed below:
A. CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND UNC-CH
SCHOOL OF MEDICINE. DEPARTMENT OF FAMILY MEDICINE
The Board approved and authorized the Chair to sign the renewal
of a Professional Service Contract with UNC-CH School of Medicine,
Department of Family Medicine. This contract is expanded to provide
professional and clinical consulting as Laboratory Director to the Health
Department staff. The funds necessary for this contract are included the
approved budget for FY92-93. This approval is contingent upon final review
and approval of contract language by the County Attorney.
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B. FIRE INSPECTION SCHEDIILE
The Board approved a schedule of periodic fire safety inspections
within Orange County's jurisdiction as required by the State of North
Carolina and included in the agenda abstract.
C. ECONOMIC DEVELOPMENT FUNDING BY THE GENERAL ASSEMBLY
The Board approved the resolution as stated below and authorized
the Chair to sign:
RESOLUTION 92/93
BY
ORANGE COUNTY
WHEREAS, in North Carolina the Lead Regional Organizations, as
voluntary organizations serving municipal and county governments, have
established productive working relationships with the cities and counties
across the state; and
WHEREAS, many counties and cities continue to need assistance in
pursuing economic and community development opportunities, but federal
assistance in the form of intergovernmental revenues has been severely
curtailed in recent years; and
WHEREAS, the 1992 General Assembly recognized this need through the
appropriation of $864,270 to help the Lead Regional Organizations assist
local governments with grant applications, economic development, community
development, and to support local industrial development activities and
other activities as deemed appropriate by their local governments; and
WHEREAS, these funds are not intended to be used for payment of
members' dues or assessments to Lead Regional Organization or to supplant
funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by a unit of
government for release of these funds to our Regional Council, the available
funds will revert to the State's General Funds; and
WHEREAS, in Region J funds in the amount of $48,015 will be used to
carry out the economic development plan approved by the COG Board of
Delegates and especially to improve the economy of the counties and towns
of the Region by strengthening ties to and consequently benefits of the
Research Triangle Park.
NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of
Commissioners requests the release of its $6,338.65 share of these funds to
the Triangle J Council of Governments at the earliest possible time in
accordance with the provisions of Chapter 900, House Bill 1340, section 180
of the 1992 Session Laws.
D. ANNUAL CONTRIBUTIONS CONTRACT SECTION 8 CERTIFICATE/VOUCHER
PROGRAMS
The Board approved and authorized the Chair to sign the
Resolution as stated below:
RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT
WHEREAS, the Orange County Housing Authority (herein called the
"PHA") proposes to enter into an Annual Contributions contract (herein
called the "Contract") with the United States of America, Department of
Housing and Urban Development (herein call the "Government").
NOW, THEREFORE, BE IT RESOLVED BY THE PHA AS FOLLOWS:
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Section 1. The Contracts, numbered Contract No. 2903-E and 2903-V, are
hereby approved and accepted both as to form and substance and the Chair of
the Orange County Board of Commissioners is hereby authorized and directed
to execute said Contract in triplicate on behalf of the PHA, and the Clerk
to the Board of Commissioners is hereby authorized and directed to impress
and attest the official seal of the PHA on each such counterpart and to
forward said executed counterparts to the Government together with such
other documents evidencing the approval and authorizing the execution
thereof as may be required by the Government.
Section 2. The County Manager is hereby authorized to file with the
Government from time to time, as monies are required, requisitions together
with the necessary supporting document, for payment under the Contracts.
Section 3. This Resolution shall take effect immediately.
E. HOME INVESTMENT PARTNERSHIPS PROGRAM
The Board approved execution of the Funding Approval and Funding
Agreement for the Orange County HOME Investment Partnerships Program and
authorized the Chair to sign on behalf of the Board upon approval by the
County Attorney.
F. BIICR RUN PHASE II - PRELIMINARY PLAN
The Board approved the Preliminary Plan for Buck Run Phase II
subject to the conditions contained in the Resolution of Approval on pages
of these minutes.
G. 1POOD8_LOOP CHARTER. PHASE II PRELIMINARY PLAN
The Board approved the Preliminary Plan with a Class B private
road based on the findings contained in Section IV-B-3-d-1 of the
Subdivision Regulations and subject to the conditions contained in the
Resolution of Approval on pages of these minutes.
$. THOMPSON'S CROSS PRELIMINARY PLAN
The Board approved the Preliminary Plan for Thompson's Cross
subject to the conditions contained in the Resolution of Approval on pages
of these minutes.
I. RESOLIITION TO CANCEL DECEMBER 21, 1992 BOARD OF COMMISSIONERS
MEETING
The Board approved the following Resolution:
WHEREAS, General Statute 153A-40(a) requires the Board of County
Commissioners to fix the time and place of its regular meetings; and
WHEREAS, this Board desires to cancel the regular meeting scheduled
for December 21, 1992 at 7:30 p.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
that the December 21, 1992 regular meeting shall be canceled.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
NOTE: Commissioner Halkiotis left the meeting at this point and returned
after the vote was taken on item VIII-C.
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IV. RESOLUTIONS/PROCLAMATIONS
A. CPR RALLY DAY
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to adopt the proclamation as stated below declaring December 12,
1992 as CPR Rally Day in Orange County; and that the Chair sign a letter of
appreciation to Ms. Alexander for her lifesaving effort:
PROCLAMATION
ORANGE COUNTY BOARD OF COMMISSIONERS
CPR RALLY DAY
DECEMBER 12, 1992
WHEREAS, National Medical Standards have identified early initiation
of CPR as a vital step which reduces the number of out-of-hospital sudden
cardiac deaths, and
WHEREAS, The Orange County Emergency Medical Services Strategic
Planning Process has identified the need for citizen CPR education and
training to support his standard, and
WHEREAS, The Orange County Emergency Medical Services Advisory
Council in conjunction with the American Heart Association, the American Red
Cross, and other affiliated Emergency Services has accepted the
responsibility of assuring the availability of this citizen CPR education
and training, and
WHEREAS, The Orange County Board of Commissioners publicly
acknowledges their support of this effort; now
THEREFORE, The Orange County Board of Commissioners hereby proclaims
Saturday, December 12, 1992, as CPR RALLY DAY and encourages all citizens
of Orange County to participate in this effort.
VOTE: UNANIMOUS
B. RESOLUTION OF APPRECIATION FOR WAL-MART RECYCLING SUPPORT
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to approve and authorize the Chair to sign the Resolution of
Appreciation for Wal-Mart as stated below. Mr. Mike Wilson accepted this
resolution on behalf of Wal-Mart.
RESOLUTION
ORANGE COUNTY BOARD OF COMMISSIONERS
IN APPRECIATION OF CONTRIBUTIONS
BY
WAL-MART STORES, INC.
TO SOLID WASTE MANAGEMENT IN ORANGE COUNTY
WHEREAS, Orange County is promoting recycling as a major component
of integrated solid waste management; and
WHEREAS, Wal-Mart Stores, Inc. has promoted recycling by providing
containers for public recycling of aluminum, newspaper, and plastic bottles;
and
WHEREAS, Wal-Mart in Hillsborough and Alan Blakeborough, Manager, and
Mike Wilson, Green Coordinator, have provided space to Orange Community
Recycling to place additional recycling containers for magazines, corrugated
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cardboard, metals and glass containers at their recycling site; and
WHEREAS, Wal-Mart in Hillsborough has allowed Orange Community
Recycling to hold the first waste oil collection and numerous mixed paper
collections at their site;
NOW, THEREFORE BE IT RESOLVED that the Orange County Board of
Commissioners expresses its appreciation to Wal-Mart Stores, Inc., and
specifically to Wal-Mart in Hillsborough for their significant contribution
to solid waste management in Orange County.
VOTE: UNANIMOUS
C. RESOLUTION OF APPRECIATION FOR TORNADO ASSISTANCE
Motion was made by Commissioner Willhoit, seconded by
Commissioner Halkiotis to approve the resolution as stated below which
expresses appreciation to jurisdictions, agencies, and volunteers who
participated in tornado relief and cleanup efforts.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN APPRECIATION OF DISASTER RELIEF ASSISTANCE
WHEREAS, the county seat of Orange County, Hillsborough, North
Carolina, was struck by a tornado on November 23, 1992; and
WHEREAS, the incident resulted in two fatalities and injuries to
several residents; and
WHEREAS, residents suffered extreme damage to numerous homes
estimated approximately at $1.9 million; and
WHEREAS, Orange County and the Town of Hillsborough received much
needed assistance from neighboring jurisdictions, community agencies and
volunteers in emergency response, the clearing and removal of debris, area
security, and human service assessment and delivery; and
WHEREAS, the Orange County Board of Commissioners does hereby
acknowledge the receipt of such assistance and expresses deep gratitude and
appreciation for all efforts during this disaster; and
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners does hereby adopt the aforesaid proclamation of appreciation
to the various jurisdictions, agencies and volunteers, to be exercised in
a spirit of mutual cooperation and reciprocity.
VOTE: UNANIMOUS
D. RESOLUTION TO ACCEPT DICRSON HOUSE PROPERTY
Commissioner Willhoit expressed a concern with the County paying
the utilities for the Dickson House since the County will not be occupying
the building. It was decided that the rent would be adjusted to allow for
the cost of utilities. This change will be made in the operating agreement
and lease that will be presented to the County Commissioners in January,
1993 for consideration of approval.
Motion was made by Commissioner Willhoit, seconded by Chair Carey
to approve and authorize the Chair to sign the resolution as stated below
which gives authorization to proceed with the purchase of the Dickson
House:
RESOLUTION
ACCEPTING THE DICKSON HOUSE PROPERTY
WHEREAS, the Preservation Fund of Hillsborough, Inc. has agreed to
sell to Orange County for an amount not to exceed $75,000 the tract of land
located in the Town of Hillsborough upon which several buildings are
located, one of which buildings is the "Dickson House;" and
WHEREAS, the deed from the Preservation Fund of Hillsborough, Inc.
to Orange County contains a number of covenants and restrictions applicable
to the land and one or more of its buildings, which restrictions are
enforceable by the Preservation Fund of Hillsborough, Inc. or its
successors; and
WHEREAS, the Board of County Commissioners of Orange County deems it
to be in the best interest of the citizens of Orange County to purchase the
Dickson House property subject to the conditions that are part of the deed
conveying the property from the Preservation Fund of Hillsborough, Inc. to
Orange County.
IT IS THEREFORE RESOLVED by the Board of Commissioners of Orange
County, pursuant to North Carolina General Statutes 153A-158, that Orange
County accept a deed from the Preservation Fund of Hillsborough, Inc. to
Orange County, North Carolina and conditions that are incorporated into that
deed substantially in the form of Exhibit I of this resolution.
IT IS FURTHER RESOLVED that the Chair of the Board of Commissioners
and the Clerk to the Board are authorized to do any and all acts necessary
to effectuate the purchase of this property by Orange County.
VOTE: UNANIMOUS
E. RESOLUTION TO DISPOSE OF COIINTY-OWNED REAL PROPERTY
Motion was made by Commissioner Willhoit, seconded by
Commissioner Insko to approve and authorize the Chair to sign the resolution
as stated below which states that the Board agrees to transfer fee simple
ownership of a portion of a County-owned parcel of surplus real property for
use as required by roadway and right-of-way realignment.
R E S O L U T I O N
WHEREAS, the North Carolina Department of Transportation (hereinafter
N.C.D.O.T.) has offered to purchase certain real property owned by Orange
County, North Carolina, which property is located at or near the
intersection of Interstate 85 and Buckhorn Road (S.R. 1114); and
WHEREAS, N.C.D.O.T. intends to use the property acquired from Orange
County as part of its Interstate 85 widening project; and
WHEREAS, N.C.D.O.T. through its right-of-way agent, has offered to
pay Orange County $6,645 for the approximately one-fourth acre that
N.C.D.O.T. intends to acquire for its I-85 widening project; and
WHEREAS, the value of the property in question has been certified,
as required by law; and
WHEREAS, Article 40A of the North Carolina General Statutes
authorizes N.C.D.O.T. to acquire this property by eminent domain in the
event Orange County does not authorize its acquisition by N.C.D.O.T.
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IT IS THEREFORE RESOLVED by the Board of Commissioners of Orange
County, pursuant to North Carolina General Statutes 160A-274, that Orange
County convey by non-warranty deed or easement as deemed appropriate by
N.C.D.O.T. the property specifically described on the SUNIlKARY
STATEMENT/OFFER TO PURCHASE REAL PROPERTY DUE TO THE ACQUISITION OF RIGHT
OF WAY AND DAMAGES, a copy of which is attached to this resolution as
Exhibit I, upon the payment by the North Carolina Department of
Transportation to Orange County of the sum of $6,645.
IT IS FURTHER RESOLVED by the Board of County Commissioners of Orange
County that the Chair of the Board and the Clerk to the Board are authorized
to execute documents as are necessary to effectuate this transfer of Orange
County property to N.C.D.O.T.
VOTE: UNANIMOUS
VI. PIIBLIC HEARINGS
A. COMPREHENSIVE HOIISING AFFORDABILITY STRATEGY IIPDATE
Tara Fikes presented for citizen comments the Comprehensive
Housing Affordability Strategy FY 1993 Annual Update and the FY 92 Annual
Performance Report for Orange County. Each year, localities with an
approved CHAS must submit to the U.S. Department of Housing and Urban
Development an Annual Plan for the upcoming year and the Annual Performance
Report for the past year. Comments received from the public will be
incorporated into the final documents submitted to HUD on or about December
31, 1992.
NO CITIZEN COMMENTS WERE RECEIVED.
B. PROPOSED EROSION CONTROL ORDINANCE TEXT AMENDMENTS
Warren Faircloth presented for citizen comments and Board
approval proposed amendments to the Erosion Control Ordinance. These
amendments are minor ones and consist of adding or modifying definitions,
deleting a few words and adding a few sentences. Most of the amendments
address enforcement problems that the state program has encountered.
NO CITIZEN COMMENTS WERE RECEIVED.
Motion was made by Commissioner Gordon, seconded by Chair Carey
to close the public hearing.
VOTE: UNANIMOUS
Motion was made by Commissioner Willhoit, seconded by Chair Carey
to approve the proposed amendments as presented in the agenda abstract and
to notify the North Carolina Sedimentation Control Commission of this
action.
VOTE: UNANIMOUS
VII. REPORTS
A. PAY EQIIITY STIIDY
Elaine Holmes presented for information a report on the Pay
Equity Study. The study was conducted by Hubbard and Revo-Cohen. This is
the third phase of developing and maintaining an equitable pay plan for
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County employees. The study found that 121 classes fell within the
recommended salary grade range; 29 classes fell below the recommended salary
grade range and 38 classes fell above the recommended salary grade range.
This phase includes all positions. The next steps will include such
considerations as the labor market, recruitment and retention needs and
other organizational policy issues.
The Board asked for the number of employees within each class and
Ms. Holmes will provide that information. Commissioner Insko stated that
many of these positions are filled with valued employees and asked that the
value of the work these employees are doing be taken into consideration.
Motion was made by Commissioner Willhoit, seconded by Chair Carey
to accept the report.
VOTE: UNANIMOUS
VIII. ITEMS FOR DECISION - REGULAR AGENDA
A. JOINT ORANGE COUNTY~TOWN OF HILLSBOROIIGH MAINTENANCE FACILITY
Motion was made by Commissioner Willhoit, seconded by
Commissioner Insko to accept the recommendation of the planning committee
to proceed with construction of separate maintenance facilities, but share
a fuel facility, access road, waste oil disposal facility and a sewer line,
VOTE: UNANIMOUS
B. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - PERMITTED USE TABLE;
ACCESSORY STRUCTURES IN RESIDENTIAL DISTRICTS;
MOBILEJMANUFACTURED STRUCTURE; DEFINITIONS
ITEM WAS DELETED
C. FEATHERWOOD PHASE II - PRELIMINARY PLAN
The property is located at the southeast corner of Piney Grove
Church Road and US 70 Business in Eno Township. There are eight (8) lots
proposed out of 10.24 acres. At the August 3, 1992 meeting the Board of
Commissioners approved the Preliminary Plan for Featherwood Phase II with
a public road. At the November 17, 1992 meeting the County Commissioners
indicated that they would like to review the covenants before taking any
action to allow construction of a private road. The revised covenants were
received by the planning staff on November 23. It is their opinion that the
extent of additional protection is not sufficient to comply with the
existing private road standards.
Discussion ensued on the private road standards and the Board
agreed they want to review these standards to allow for greater flexibility
in specific cases.
Motion was made by Commissioner Insko, seconded by Chair Carey
to reapprove the subdivision with a private road and that the restrictive
covenants substantially in the form of those received November 30, 1992 and
included in the agenda abstract and as approved by the County Attorney be
recorded with the Final Plat.
VOTE: AYES, 2; NOES, 2 (Commissioners Gordon and Willhoit)
NOTE: Commissioner Halkiotis was not present for this vote.
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I%. BOARD COMMENTS - NONE
%. COIINTY MANAGER'S REPORT - NONE
%I. APPOINTMENTB
Motion was made by Commissioner Gordon, seconded by Chair Carey to
approved all the appointments as presented and listed below:
George Horton to the Orange County Housing Authority for a term
ending December 31, 1995
Rosemary Summers to the Human Services Advisory Commission for a term
ending March 30, 1994,
Lee Lunn to the Triangle Transit Authority Fixed Guideway Advisory
Committee for a term ending December 31, 1995,
Commissioners Insko and Willhoit to the TTA Special Tax Board for a
term ending December 30, 1993,
Michael Patrick to the Cable TV Advisory Committee for a term ending
December 31, 1995, and
Brenda Keen to the Orange County Visitor's Center for a term ending
December 31, 1992.
VOTE: UNANIMOUS
%II. MINUTES
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the minutes for October 20, 1992 as presented.
VOTE: UNANIMOUS
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Gordon to approve the minutes for November 2, 1992 as presented.
VOTE: UNANIMOUS
Motion was made by Commissioner Halkiotis, seconded by Chair Carey
to approve the minutes for November 23, 1992 as presented.
VOTE: UNANIMOUS
%III. E%ECUTIVE SESSION - NONE
%IV. ADJOURNMENT
With no further items for the Board to consider, Chair Carey
adjourned the meeting. The next Regular Meeting will be held on Monday,
January 4, 1993 at 7:30 p.m. in the courtroom of the Old County Courthouse
in Hillsborough, North Carolina.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk