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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 2 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. 3 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: 4 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. 5 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 6 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. 8 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 9 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. io 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