HomeMy WebLinkAboutMinutes - 19960603APPROVED 10/15/96
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 3, 1996
The Orange County Board of Commissioners met in regular session on Monday, June 3, 1996 at
7:30 p.m. in the Old County Courthouse in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William C.
Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert
Kittrell and Rod Visser, and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
when appropriate below)
NOTE: All background information is in the permanent agenda file in the Clerk's Office. Recording tapes of
the proceedings are available for five years.
1. ADDITIONS OR CHANGES TO THE AGENDA -NONE
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey stated that citizens who have indicated a desire to speak will be recognized at the
appropriate time their item is considered.
B. MATTERS NOT ON THE PRINTED AGENDA -NONE
PUBLIC CHARGE
Chair Carey dispensed with the reading of the Public Charge.
III. BOARD COMMENTS
Commissioner Gordon stated that she represents the County Commissioners on the UNC Planning
Board. The consultants have given their recommendations on the final plan for the Horace Williams land.
She summarized their findings and asked that County Commissioners review the plan and return comments
to her within the next two weeks.
Commissioner Crowther said that the Board of Equalization and Review did not receive any
appeals.
Commissioner Halkiotis asked for information on when the Department of Transportation will be
repairing the potholes on Route 57 north. He would like this information in writing.
IV. COUNTY MANAGER'S REPORT
John Link introduced the County's new Information Systems Director Dick Taylor and gave
information on his educational and professional experience.
A. 1996-97 MANAGER'S RECOMMENDED BUDGET
John Link summarized his recommended 1996-97 budget. He gave an overview which
indicated that the general fund budget would increase to $78.769 million.
V. RESOLUTIONS/PROCLAMATIONS
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A. RECOGNITION OF THE 25TH ANNIVERSARY OF THE SOUTH ORANGE RESCUE
SQUAD
Jeanette Smith, EMS Director in charge of Administrative Services, read the proclamation.
A motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve the
proclamation as stated below:
25th ANNIVERSARY CELEBRATION
SOUTH ORANGE EMS AND RESCUE SQUAD, INC.
June 15, 1996
WHEREAS, South Orange EMS and Rescue Squad has provided volunteer emergency medical and
rescue services to the citizens of Orange County since June, 1971, and
WHEREAS, Volunteers have been able to keep up with ever increasing demands in training and
certification standards, and
WHEREAS, The citizens of Orange County benefit daily from the dedicated efforts, knowledge, and skills of
this team of emergency services personnel, and
WHEREAS, South Orange has also provided many hours of coverage for special gatherings and events in
their service area, and
WHEREAS, Providing these services has required thousands of hours of dedicated efforts by many
members over the years, and
WHEREAS, The Orange County Board of Commissioners publicly acknowledges their appreciation to
South Orange EMS and Rescue Squad, and all the individual members who have served both
past and present,
NOW, THEREFORE The Orange County Board of Commissioners hereby proclaims its gratitude as part of
the celebration of the 25th anniversary of South Orange EMS and Rescue Squad, and
encourages all citizens to express their appreciation to this squad for its contribution to the
EMS system in Orange County.
VOTE: UNANIMOUS
B. EFLAND CHEEKS COMMUNITY SCHOOL PARK RESOLUTION
John Pringle, member of the Efland Cheeks Elementary School PTO and the United Voices of
Efland-Cheeks, said that these two groups have been working together to improve the recreation
opportunities at the school. They have both the Recreation and Parks Advisory Board and the School Board
support for building this community park. He asked that the County Commissioners adopt the resolution and
become a full partner in this effort. Bob Jones stated that this project does fit in with the Master Recreation
and Parks Plan. Commissioner Halkiotis feels this is a wonderful opportunity to do something for the Efland-
Cheeks community and something that should be an enhancement to both the school system and the
community.
A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to
approve the resolution as stated below.
EFLAND-CHEEKS COMMUNITY SCHOOL PARK RESOLUTION
WHEREAS, The United Voices of Efland-Cheeks, acommunity-based organization of citizens and
residents, and the Efland-Cheeks Elementary PTO have proposed the development of an
Efland-Cheeks School and Community Park; and
WHEREAS, This proposed park would utilize the existing land and facilities of the Efland-Cheeks
Elementary School and the Efland-Cheeks Community Center; and
WHEREAS, The park will serve as a focal point for family and community recreation, as well as a
recreation/education center for the members of the Efland-Cheeks School community; and
WHEREAS, The park will include supervised recreational activities for young children, teens and seniors,
as well as facilities for adult recreation and family outings; and
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WHEREAS, In order to develop this park, the United Voices of Efland-Cheeks and the Efland-Cheeks
Elementary PTO recommend the establishment of a public/private partnership of
representatives of the Efland-Cheeks community, the Orange County Board of Education and
the Orange County Board of Commissioners; and
WHEREAS, These partners would establish a task force that would be responsible for developing a
comprehensive plan for the design and implementation of the park; and
WHEREAS, It is anticipated that the task force would require approximately one-year to complete its work.
NOW, THEREFORE, We, the Orange County Board of Commissioners do hereby endorse the concept
proposal of the Efland-Cheeks Community School Park, and agree to participate in this
partnership by appointing a staff person to serve as a county representative to the Efland-
Cheeks School and Community Park Task Force.
VOTE: UNANIMOUS
C. PROCLAMATION -JOINT ORANGE-CHATHAM COMMUNITY ACTION AGENCY WEEK
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve the proclamation as stated below:
PROCLAMATION
OF
JUNE 16-22, 1996
AS
THE JOINT ORANGE-CHATHAM COMMUNITY ACTION AGENCY WEEK
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. (JOCCA) was designated by the
Commissioners of Orange County to administer programs and to seek funds to alleviate the
conditions contributing to poverty, thereby improving the quality of life for the low-income
residents of Orange County; and
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. serves as an advocate for the
disadvantaged in attempting to meet their needs, particularly in reference to problems they
may encounter with local government, public and private service organizations, and state and
federal regulations; and
WHEREAS, The goal of the Joint Orange-Chatham Community Action Agency is to alleviate and/or reduce
the level of poverty in Orange County, through the provision of programs, services, and
advocacy designed to meet the needs of the disadvantaged; and
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. strives to bring about institutional
change with public and private organizations that serve the disadvantaged in such a way as to
assist the organizations in better serving their clientele;
NOW, THEREFORE, On behalf of the Orange County Board of Commissioners, I, Moses Carey, Jr., Chair do
hereby proclaim that the week of June 16 through June 22, 1996 be known as
THE JOINT ORANGE-CHATHAM COMMUNITY ACTION AGENCY WEEK
in Orange County, and this time is set aside for the celebration of 30 years of service to this
community by the Board of Directors and Staff of JOCCA, this the 3rd day of June, 1996.
VOTE: UNANIMOUS
VIII. ITEMS FOR DECISION -CONSENT AGENDA
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A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the
Consent Agenda as stated below:
A. MINUTES
The Board approved the minutes for April 1, 1996 as presented.
B. HOME AND COMMUNITY CARE BLOCK GRANT 1996-97 FUNDING PLAN
The Board approved the 1996-97 Home and Community Care Block Grant Funding Plan as
endorsed by the Home and Community Care Block Grant Advisory Committee and authorized the Chair to
sign the grant documents as approved by the County Attorney.
C. CLASSIFICATION PLAN AMENDMENT -HUMAN RIGHTS AND RELATIONS DIRECTOR
The Board amended the Orange County Classification and Pay Plan to change the class title
and salary grade of the Director -Commission for Women at salary grade 70 to Human Rights and Relations
Director at salary grade 74.
D. CLASSIFICATION PLAN AMENDMENT -DENTAL HYGIENIST
The Board amended the Orange County Classification and Pay Plan by changing the salary
grade for Dental Hygienist from grade 62 to grade 64, authorized a salary placement at a salary up to Step
4D for a candidate who meets the minimum qualifications requirements for the position and authorized a
hiring range through Step 8D.
E. IMPACT FEE REIMBURSEMENT
The Board approved the impact fee reimbursement request from Habitat for Humanity in the
amount of $4,500 for five homes.
F. 1996-97 CONTRACT BETWEEN THE NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES AND THE ORANGE COUNTY HEALTH DEPT.
The Board approved and authorized the Chair to sign a contract between the NC Department
of Environment, Health, and Natural Resources and the Orange County Health Department, subject to the
endorsement of the county attorney and the county purchasing director.
G. CONTRACT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION E( EOC)
The Board approved and authorized the Chair to sign a contract between Orange County and
the Equal Employment Opportunity Commission.
H. ORANGE COUNTY HOME CONSORTIUM AGREEMENT
The Board approved and authorized the execution of a HOME Consortium Agreement for the
period July 1, 1996 through June 30, 1999 as stated in the resolution below:
RESOLUTION AUTHORIZING THE EXECUTION OF A HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM CONSORTIUM AGREEMENT
WHEREAS, on June 29, 1992, the Orange County Board of Commissioners approved participation of the
County in the Orange County HOME Consortium; and
WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County as currently
members of the Orange County HOME Consortium established on or about August 3, 1992;
and
WHEREAS, the original Orange County HOME Consortium Agreement expires on June 30, 1996; and
WHEREAS, the Orange County HOME Consortium desires to continue to be considered for eligibility under
the federal HOME program operated by the U.S. Department of Housing and Urban
Development as authorized under the National Affordable Housing Act, as amended;
NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners authorizes the
County Manager to execute the approved HOME Consortium Agreement for the period July 1,
1996 to June 30, 1999, subject to approval as to form by the County Attomey.
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I_ 1996 HOME PROGRAM DESIGN REVISION
The Board approved the revised HOME Program Design for 1996-97 as stated in the
resolution below:
RESOLUTION AUTHORIZING THE REVISED 1996-97 HOME PROGRAM DESIGN
BE IT RESOLVED, BY THE Orange County Board of Commissioners that the Commissioners as a member
of the Orange County HOME Consortium approve the following activities for the 1996-97 HOME Program.
Transitional Housing $ 337 000
Site Improvements $ 66,000
Acquisition $ 40,000
Administration 39 500
$ 482,500
BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of
the County to act in connection with the submission of this revision and to provide such additional information
as may be required by the U.S. Department of Housing and Urban Development.
J. PROPOSED ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 8_2 SPECIAL USES
The Board approved an amendment to Special Use provisions related to expiration, validity,
and approval actions for Special Use Permits per the Planning Board recommendation and as stated below:
8.2.3 The Special Use Permit shall include a statement that if any condition of a Special Use
Permit shall be held invalid or void, then the permit itself shall be void and of no effect.
8.2.5 It shall be stated in the Special Use Permit that the Permit shall automatically expire
within twelve (12) months of the date of approval if the use has not commenced or construction has not
commenced or proceeded unless a timely application for extension of this time limit is approved by the Board
of County Commissioners as provided 8.4.11 of the Orange County Zoning Ordinance.
8.4.7 -delete "In every case the action of the Board shall include a summary of the evidence
supporting the action taken by it on the application."
K. THE CLEARINGS AT TOM'S CREEK -PRELIMINARY PLAN
The Board approved the Preliminary Plan for the Clearings at Tom's Creek with Class A and
Class B private roads as per the Resolution of Approval. The property is located in the northwest comer of
Bingham Township on the east side of Mebane Oaks Road near the intersection of Jones Road and the
Alamance County line.
L. PENDLE HILL PRELIMINARY PLAN
The Board approved the Preliminary Plan for Pendle Hill Subdivision as per the Resolution of
Approval. The property is located on New Sharon Church Road at the intersection of New Sharon Church
Road and Walker Farm Road and is a portion of Lot 6 of Tax Map 22, Little River Township.
M. BUDGET ORDINANCE AMENDMENT #8
The Board approved amendment #8 to the Budget Ordinance as stated below:
GENERAL FUND
Appropriation -Contribution to Outside Agency $ 25,000
Source -Miscellaneous ($ 25,000)
(To appropriate funds from the Commissioners' Contingency
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to OCIM for building construction)
VOTE ON THE CONSENT AGENDA: UNANIMOUS
IX. ITEMS FOR DECISION -REGULAR AGENDA
A. PUBLIC SCHOOL IMPACT FEE
David Stancil briefly described this item. The technical report will be updated annually.
Commissioner Gordon said that she supports the impact fee, however, it is not perfect and she hops that the
Board will be successful in obtaining the legislation needed to implement an impact tax. Impact Fees are just
one way to help pay for school construction.
Keith Cook spoke in support of increasing the impact fee to $3,000 for the Chapel Hill/Carrboro
School district. He noted there is cost to the community every time a new house is built.
S.A.M. Brooks, resident of Bingham Township, spoke against the impact fee. She feels this
fee creates an inequity between the two school systems.
Chair Carey noted that this impact fee is appropriate and should play a role in financing new
facilities for both school systems. There are many ways to look at the impact fee. He is committed to
financing the schools which are necessary for immediate needs and long-term needs. He supports
increasing the fee but not to the level of $3,000.
Commissioner Halkiotis wants to see buildings which serve the children. He wants buildings
which are functional, safe and practice economy of design. Construction is costly because wood prices seem
to continue to increase. The number of children coming into Orange County is increasing and the County
must provide the schools necessary. He has no problem with this $3,000 fee.
Commissioner Willhoit noted that the County got local legislation for the impact tax in 1993 and
delayed implementation for a year and then went with the impact fee in 1994. He questioned if there would
be support from the real estate community for an impact tax at this time instead of impact fee. He is most
sensitive to the issue for affordable housing. He is not aware of anyone taking the initiative to build
affordable housing.
Commissioner Crowther said that he does not endorse the $3,000 impact fee because of the
issue of affordable housing.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to set
the impact fee for the Chapel Hill/Carrboro School District at $3,000.
Chair Carey emphasized that the County needs to pursue the impact tax but cannot do so
during the short session.
VOTE: AYES, 3; NOES, 2 (Commissioners Carey and Crowther)
A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to
present a request to the legislative delegation for permission to implement an impact tax.
VOTE: UNANIMOUS
B. FIRE INSPECTION PROGRAM FEE SCHEDULE
Assistant County Manager Rod Visser summarized the information in the agenda on this item.
Changes to the plan include a new tier for facilities with 0-1,000 square feet which reflects a reduction in fees
from 15% to 20% from the last proposal.
Commissioner Gordon asked that private educational facilities be placed in the lowest category
with business storage, foster care, residential and private education. She suggested that the maximum
square footage be increased to 35,000 square feet.
Jack Davis, owner of Mopaco, stated he feels that this fee should be paid from the County's
general fund.
Commissioner Willhoit questioned Commissioner Cordon's reason for placing private
educational facilities in the lowest category.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
approve the fire inspection program as presented with two changes: (1) add private educational facilities to
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the lowest category with business storage, foster care, residential and private education and (2) increase the
maximum square footage to 35,000 square feet.
VOTE: AYES, 4; NOES, 1 (Commissioner Willhoit)
C. NORTH HILL SUBDIVISION -PRELIMINARY PLAN
Commissioner Crowther asked to be excused from voting on this item because he works for
the owners, Preservation of North Carolina.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
excuse Commissioner Crowther from voting on this item because of personal and financial interest in the
property.
VOTE: UNANIMOUS
This property is located in Chapel Hill Township between Whitfield Road and Interstate 40 in
the Rural Buffer. The applicant proposes to subdivide a total of 75 acres into 19 new residential lots that
average 3.78 acres in size.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to
approve the North Hill Subdivision in accordance with the Resolution of Approval as presented.
VOTE: AYES, 4; ABSTENTION, 1
D. BID AWARDS -SOUTHERN HUMAN SERVICE CENTER
Purchasing and Central Services Director Pam Jones summarized the information in the
agenda. In summary she said that bids were received and they were high. She listed those items which will
be deleted or altered from the original specifications.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to award
and authorize the chair to sign a contract, contingent upon Attorney Staff and Finish committee review, to the
following contractors for the construction of the Southern Human Services Center:
General Contractor. D. H. Griffin, Raleigh $ 2,623,670
Electrical Contractor: Watson Electric, Graham $ 311,810
Mechanical Contractor: Comfort Engineers, Durham $ 453,170
Plumbing Contractor: Eakins Plumbing, Durham $ 101,300
Total contracts $3,489,950
and to authorize the Manager to execute change orders incidental to the completion of the project and to
authorize the Chair to sign on behalf of the Board.
VOTE: UNANIMOUS
For the record the other bids received are listed below:
GENERAL CONTRACTOR
Bordeaux Const. Co. $ 3,380,000
McDonald-York $ 3,235,000
C. T. Wilson Const. $ 3,066,490
ELECTRICAL CONTRACTOR
Dorey Electric Co. $ 356,000
Mid-Atlantic Electric $ 345,728
Pendegraph Electric $ 365,000
MECHANICAL CONTRACTOR
Cooper Oil Co. $ 637,000
Southern Piping Co. $ 623,907
PLUMBING CONTRACTOR
Brown Brothers P&H $ 124,573
Triangle Mechanical $ 144,878
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E. VISITOR BUREAU _ NEW POSITIONS AND CLASSIFICATION PLAN AMENDMENT
Shelly Green, Executive Director of the Visitors Bureau, made this presentation.
A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to (1)
establish the permanent full time positions of Visitor Bureau Sales Director and Communications Specialist
effective July 1, 1996 and (2) amend the Classification and Pay Plan to add the classes of Visitor Bureau
Sales Director at salary grade 69 and Communications Specialist at salary grade 66.
VOTE: UNANIMOUS
F. IMPLEMENTATION POLICY FOR FLEXIBLE DEVELOPMENT REGULATIONS
Planner Mary Willis made this presentation. She asked that the Board consider establishing a
policy with respect to the Flexible Development regulations that Concept Plan applications submitted by June
28, 1996 may be considered under the application approval procedures in effect on that date.
A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to
endorse the policy that Concept Plans submitted by June 28, 1996 be subject to the application approval
procedures in effect on that date.
VOTE: UNANIMOUS
X. REPORTS
A. HUMAN SERVICESNVELFARE REFORM TASK FORCE
The Chair of this task force, Dick Edwards, gave this report. This is an interim report. A final
report will be presented in August. He reviewed the Human Services Matrix and talked about their vision
statement, mission statement and outcomes criteria. A copy of this material is in the permanent agenda file.
The County Commissioners received the Interim Report as information.
XI. APPOINTMENTS
A. APPOINTMENTS TO THE SHAPING ORANGE COUNTY'S FUTURE TASK FORCE
The Board confirmed the 18 names for appointment forwarded from the Steering Committee
and appointed by majority vote Kenneth Kirk and William Latta to this committee.
XII. MINUTES -NONE
XIII. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to into closed
session to discuss matters related to the location or expansion of a business in Orange County (G.S. 143-
318.11(4)
VOTE: UNANIMOUS
A motion was made by Commissioner Willhoit, seconded by Chair Carey to convene into regular
session for adjournment.
VOTE: UNANIMOUS
XIV. ADJOURNMENT
With no further items to consider, Chair Carey adjourned the meeting. The next regular meeting will
be held on June 26, 1996 at the OWASA Operations Center in Carrboro, North Carolina.
Moses Carey, Jr., Chair
Beverly A. Blythe, Clerk