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HomeMy WebLinkAboutMinutes - 19830517 ., `!Uv 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS MAY 17, 1983 The Orange County Board of Commissioners met in regular session on Tuesday, May 17, 1983 at 7:30 p.m. in the Courtroom of the Old Post Office Building, Chapel Hill, North Carolina. Commissioners Present: Richard E. Whitted, Chair and Commmissioners Ben Lloyd, Shirley E. Marshall, Norman Walker and Don Willhoit. A. BOARD CQI Commissioner Willhoit added discussion on Nutrition Sites as Item Number E-14. B. 6yPI3NQE_i<MNBNTS 1. r3ATTEli,�- _� -SHE PRINTED, AGENDA There were no comments. 2. MATTERS NOT ON__TgJE_PRXN1TFM_AUNDA Mr. Leonard VanNess, Executive Director of the Chapel. Hill-Carrboro Chamber of Commerce presented the Board of Commissioners with the name of Helen D. Allen as the Chamber's nomination for the Board's consideration as a recipient for the Governor's Volunteer Awards. Mr. Jim McCoy who lives in the Star Point area in Chapel Hill presented a Petition with over 150 signatures on it to the Board requesting that - the Board Of Commissioners adopt a County-wide Noise Ordinance. Mr. McCoy presented background information on the reason for the request. Sheriff Lindy Pendergrass added that there had been 82 noise complaints from the county area. Sheriff Pendergrass Further stated there was no Ordinance to prohibit the noise and he was unable to get these people to stop the noise. The Sheriff said any ordinance to prohibit or cut down on the noise level would be most helpful. Commissioner Willhoit said the Manager had drafted a noise ordinance and that Commissioner Willhoit, Sheriff Pendergrass and the County Manager will meet and discuss the noise ordinance. C. SZBU F, Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the minutes of March 28, 1983 as corrected. VOTE: Ayes, 5; Noes, 0. Commissioner Harshall moved, seconded by Commissioner Whitted to approve the minutes of April 5, 1983, as submitted. VOTE: Ayes, 5; Noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the minutes of May 2, 1983, as corrected. VOTE: Ayes, 5; Noes, 0. D-1 RE2ORT5 BUDGET Orange County Board of Education members present: Mr. Max Kennedy, Chair and members Robert Bateman, Lindsay Efland, Frank Miller and John Thomas Walker. Board of Education members not present: Norman Haithcock and Walter Faribault. Mr. Kennedy said that the School Board had instructed the Superintendent to keep his recommended budget within eight percent. Dr. C;rr.rr.^ A 4 A an 4-1 a - 17 n..re ernr Mr 0z;7 t}hc Rnft rA nF RAIIi ni-inn h)=A 406 2 raised the Superintendent's requested budget in several areas such as Supplemental request for teachers, Energy request and Special Education areas have been raised so that the overall school budget reflects a 12.7 percent increase. Mr. Kennedy further stated that the capital needs were great for the Orange County School System, therefore, the amount of money requested was high. Mr. Kennedy said that asbestos had been discovered in some of the schools in Orange County and the consulting engineering firm, Blalock and Martin Consulting Engineers of Raleigh, forth Carolina quoted the costs of $100,000 to remove or to confine the asbestos. Mr. Kennedy said the Orange County Board of Education is requesting a special appropriation in this year to pay for the removal or confining of the asbestos. Mr. Kennedy asked the Board of Commissioners if they were willing to provide that $100,000 appropriation at this time. Commissioner Whitted said the Commissioners recognize the need for the asbestos removal and that the County Manager had included the money for asbestos removal in his recommended appropriation for the Orange County Schools. Mr. Kennedy reiterated that this was an emergency request and is needed in this current year. Mr. Kennedy continued that if the Board of Commissioners would not honor the special appropriation request at this meeting, to please consider three options: (1) the appropriation of $100,000 immediately (as requested) ; (2) a special immediate funding of $50,000 for the most critical needs (where the students are in daily contact with asbestos) and the remaining $50,000 to be included in the current budget request; and (3) an amendment to the budget as quickly as possible in order to appropriate the $100,000. Commissioner Willhoit said the Manager's recommended budget for the Orange County Board of Education indicated that there was enough money available to put lights on the football field and that it would be basically a question of priorities for the Board of Education. Dr. Mike Simmons, Orange County School Superintendent reviewed the budget with the Board of Commissioners and noted that the request per pupil was $655. Dr. Simmons noted those areas that were increased, as previously specified by Mr. Kennedy, and added that the largest increase occurs in salaries. Dr. Simmons save the Commissioners a list of priorities for the Orange County Board of Education: (1) Asbestos removal or encapsulation; (2) Renovation at A.L. Stanback; (3) Roof replacement; (4) Gym floor replacement; (5) Complete roofing survey; (6) Energy Retrofits and Energy Audits; (7) General Site Development; (8) Computer Instruction; (9) Land for new middle school; (10) Money for new school bus. Ms. Kathy Battern, Finance Director of Orange County Schools also made a brief budget presentation to the Commissioners. Following Dr. Simmons' and Ms. Battern's reviews of the budget requests from the Orange County School System, Commissioners posed questions. Commissioner Whitted asked Ms. Battern to explain the single audit concept to which she referred during her presentation. Ms. Battern replied that, rather than having individual audits for local funds, the State had requested that one 407 3 audit be done for both local appropriations and federal appropriations; however, the State had not provided increased funding for that particular new requirement and their auditors anticipated approximately $7,000 more for the one combined audit rather than the individual audits. Ms. Battern continued saying the legislative delegation had been contacted requesting the State provide the extra $7.0000. D-2 b1SAC�13Y�pL1Likee_ Re gn Day Care Mr. Keith Aldridge, Chair of the HSAC introduced Dr. Michael Sharpe who is the Chair of the HSAC Subcommittee on Day Care. Dr. Sharpe introduced the members of the subcommittee and highlighted the report for the Commissioners. (This report is on file in the office of the Clerk to the Board) . Dr. Sharpe said the agency's recommendation was that the Board of Commissioners "empower a planning task force to recommend to the Board of Commissioners a schedule or mechanism for implementing the HSAC Child Care Report". Mr. Eric Munson, Executive Director of North Carolina Memorial Hospital, recommended the Report to the Board of Commissioners. He noted- that he planned to approach the Board of Directors for NCMH for in-.kind support of this Report. Ms. Janice Schopler, Chair of the Board of Social Services said the Report was an excellent assessment of child care needs in the County and also a beginning place for the plans to respond to those needs. She noted that she was not an active member of this subcommittee; however, she has been involved in all aspects of the report. Ms. Schopler added that the subcommittee had responded to questions she raised and had integrated her suggestions into the report. Commissioner Walker moved, seconded by Commisisoner Lloyd, to accept the report as presented and to refer it to the Manager, Ms. Schopler, Dr. Sharpe and Tom Ward, Director of Social Services, to outline plans based on the recommendation contained within the report. VOTE: Ayes, S; Noes 0. E-1 �ABLE_T�V_. Mr. Kenneth Thompson, County manager, read a statement regarding the cable T.V. controversy. Mr. Thompson told the Board that Village Cable had proposed a solution to add lines that already traverse part of Carrboro; and, that if Carrboro would permit Village Companies to extend their lines through Carrboro it will provide cable service (at no cost) to their subscribers, even though density is less than 30 houses per mile. Commissioner Willhoit asked what the time frame might be for this cable service? Mr. Jim Heavner, President of Village Companies replied Village would begin construction as soon as permission had been received from the Town of Carrboro to extend the lines. He feels that cable will be provided to some of those areas by the first of September. Mr. Heavner continued, saying that one thing learned from this controversy is that no formal procedure had been established between Village and the County for cable lines extension. Village has agreed to refer all such requests directly to the county. The requests and petitions will then be compared to the tax maps in order to determine if criteria have been met for cable extension. E-2 ' Commissioner Willhoit moved to ratify the purchase order issued for the five Sheriff's vehicles, seconded by Commissioner Lloyd. VOTE: Ayes, 408 4 E-3 SEP:TO-t__C IZEN '-HALL-OF FAME_AWAip Ms. Betty Landberger, Chair of the Senior Citizens Board, said this award would be an opportunity to recognize the older adult's contributions to the community and the County and to provide inspiration to others to continue service or contribution. Commissioner Willhoit moved to approve the concept of the Orange County Senior Citizens' Hall of Fame Award; seconded by Commissioner Marshall. VOTE: Ayes, 5; Noes, 0. E-4 SPECIAr. UGE_,PTP1��NT gQWER EXTS ggEoUBST Commissioner Lloyd moved, seconded by Commissioner Walker, to approve the additional four months time extension for beginning construction on the headquarter facilities for Piedmont Electric Membership on NC 86. VOTE: Ayes, 5; Noes 0. y E-5 TUL?TEAIIBRS-__RBSDLLTJQN Commissioner Willhoit moved, seconded by Commissioner Walker to adopt the Resolution opposing the designation of US 15-501 between US 64 and I-$5 as a route for tandem trailers. (For a copy of this Resolution see page of this book.) VOTE: Ayes, 5; Noes, 0. E-$ kllj��13�MAJ CONTROL Mr. Robert Mahler, attorney for Lynn Mordock, requested that schedule 20 poles be approved for caging of jaguars rather than schedule 40 poles as recommended. Mr. Mahler added that he had consulted with fencing experts and that schedule 20 poles were sufficient to contain a 200 pound animal, such as a jaguar. Dr. Paul Modrich, owner of a serval, requested that he be pernitted to dig a trench around the fence containing his serval and pour concrete to a depth of ten inches around the outside of the fence to prevent any animal from digging in. Commissioner Willhoit noted that a variance had been granted regarding the requirements of the perimeter fence for this particular serval; he proposed to grant an additional variance to permit a dirt floor rather than a concrete floor, provided that Drs. Modrich and Burdette dig the proposed trench and pour concrete to the depth of ten inches as Dr. Modrich suggested. Commissioner Willhoit also proposed to grant a variance to require schedule 20 poles rather than schedule 40 poles for caging jaguars. Mr. Mahler noted his concern that the State might be more stringent in its caging requirements and requirements for wild animals than the Commissioners are, and that Ms. Murdock would be required to incur additional expense as a result of the State's more stringent requirements. Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the fee schedule on this second reading and to approve the enclosure standards on this second reading. VOTE: Ayes, 3 (Commissioners Marshall, Whitted, Willhoit) ; Noes, 2 (Commissioners Lloyd and Walker) . Commissioner Willhoit moved, seconded by Commissioner Marshall, to grant Ms. Mordock a variance requiring schedule 20 poles rather than schedule 40 poles for the caging of her jaguar, and to grant a variance to Drs. Modrich and Burdette for the caging of their serval to require a dirt floor rather than concrete, provided they dig a trench to the depth of ten inches around the perimeter of that fence and fill the trench with concrete. VOTE: Ayes, 5; Noes 0. E-7 AN3MAL_CDNTEDL 404 5 Commissioner Willhoit moved to refer the issue of dog control to staff for further study, development, and recommendation; seconded by Commissioner Marshall. During the discussion, Dr. Kennedy, representing APS, supported the Proposed dog control ordinance and suggested that the Board of Commissioners investigate the Ordinances from Wilson and Iredell Counties. Mr. Jerry . Robinson, Health Director, provided the Board of Commissioners with a chart on dog complaints. Commissioner Willhoit also suggested that as the -County moves into budget work sessions that consideration of the Animal Control activity be considered. Vote on Commissioner Willhoit's motion to refer dog control issue to staff: Ayes, 5; Noes, 0. E-8 $��DTAMFI_S�81GES_ PO�"�HRESE_.R AD1DAh9A,$�i�SpjjRCH ROAD Commissioner Walker moved, seconded by Commissioner Willhoit, to schedule a Public Hearing on the proposed road name changes for Damascus Church Road and Poythress Road for the third Tuesday meeting in June (6/21/83) , at 7:30 p.m. in the Courtroom in Chapel Hill, North Carolina. VOTE: Ayes, 5; Noes, 0. E-9 -Economic _Deyelonment_,C9zogion The Commissioners made the following nominations to the Economic Development Commission: Commissioner Walker nominated George Johnson; Commissioner Marshall nominated Peggy McCarthy and Elaine Parker; Commissioner Whitted nominated John Gastineau; Commissioner Willhoit nominated John McKee; and Commissioner Lloyd nominated Turner Forrest. Commissioner Lloyd spoke strongly in favor of the appointment of Turner Forrest to this Commission. Commissioners voted by ballot on each nominee. The results follow: Turner Forrest, 2 (Commissioners Lloyd and Walker) . George Johnson, 2 (Commissioners Lloyd and Walker) . Peggy McCarthy, 3 (Commissioners Marshall, Whitted and Willhoit) . Elaine Parker, 3 (Commissioners Marshall, Whitted and Willhoit) . John McKee, 3 (Commissioners Marshall, Whitted and Willhoit). Commissioner Whitted noted that according to the Resolution establishing the Orange County Economic Development Commission, one member had to be appointed from the Industrial Facilities and Pollution Control Authority, and Mr. Gastineau is the only nominee who also serves on the Industrial Authority; therefore, Mr. Gastineau is the Authority's representative on the Economic Development Commission. Accordingly, Ms. McCarthy, Ms. Parker and Air. McKee were named to the Orange County Economic Development Commission. E-10 Legal A,yreement - hild Supnnr��Dforcement Commissioner Marshll moved, seconded by Commissioner Whitted, to approve the contract for legal services for the Child Support Enforcement Program with the law firm of Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave. Commissioner Lloyd requested, due to the budget process just beginning that this decision be delayed. Accordingly, Commissioner Marshall withdrew her motion to approve. This will be returned to the agenda in June. E-11 EMS FranchiseLQrtifi� Commissioner Willhoit moved, seconded by Commissioner Marshall to (1) Issue franchises and certificates to South Orange and Orange County Rescue Squads for the authorization to administer emergency medical care and +--����•+�+ ­*;__+c. I71 Tao— to Cn��i-hc,ael-crn Mme9Pxrar_ Aic13Trinnt 41 cT 6 Ambulance Service and Southern Triangle Ambulance Service to allow for transport of non-emergency patients; and (3) Issue certificates to Caldwell and Chapel Hill first responders to provide for administering emergency patient care. VOTE: Ayes, 5; Noes, 0. E-13 Budget AMgndment Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the budget amendment as recommended by the Manager. VOTE: Ayes, 5; Noes, 0. (For a copy of this budget amendment, please see page of this book.) E-12 Budget Calendar This Board, by consensus, reserved 7:00 p.m. on May 24, 1983 in the Commissioners' Room as a work session on the Manager's recommended budget; May 26, 1983, 7:00 p.m. at the Lincoln Center as a work session for the Manager's recommended budget; and June 1 and 2, 1983, 7:30 p.m. for work sessions on the budget. The June lst and 2nd locations will be determined later. E-14 Nlrii�n_Bif� A � Item Commissioner Willhoit noted that JOCCA had consolidated its food preparation program in Pittsboro and facilitate meal preparation and delivery at the Efland-Cheeks Multipurpose Center, he proposed that the Manager be authorized to acquire a range and refrigerator for that Multipurpose Center with the County to retain ownership of the appliances. Commissioner Willhoit moved, seconded by Commissioner Marshall, to- authorize the Manager to acquire a range and refrigerator for food preparation at the Efland-Cheeks Multipurpose Center with the County to retain appliance ownership. VOTE: Ayes, 5; Noes, 0. Commissioner Willhoit noted that in a related matter the Board of Commissioners had received a letter dated May 2, from the Cedar Grove Day Care Center requesting that the Day Care Center be permitted to use the vacant cafeteria at the Cedar Grove Multipurpose Center. He further stated that the program would be able to save money and time by using the kitchen facilities on the site to prepare lunches for the children. He suggested that permission be granted to the Cedar Grove Day Care Center to use the facilities to prepare lunches for the Day Care Program but that no longer term commitment regarding the use of these facilities and no permanent commitment be granted at this time. With no further business for consideration, the Board adjourned by consensus. Richard E. Whitted, Chair Paulette Pridgen, Clerk 01 A RESOLUTION OPPOSING THE DESIGNATION OF U. S. 15-501 BETWEEN U.S. 64 AND I-85 AS A ROUTE FOR TANDEM TRAILERS WHEREAS, U.S. 15-501 is a two-lane road which currently carries more than 8,500 vehicles a day, representing 91% of the road's design capacity of 9,500, particularly in the area between Chapel Hill and the Orange-Chatham County line; ancL, WHEREAS, Tandem truck trailers would not be able to maintain adequate speeds up steep grads, and, on a two-lane road such ;as 15-501, it is to be expected that such traffic would result in increased danger to those . .persons using that highway; and, WHEREAS, Tandem truck .trailers, because of their greater weight, can be expected to severely damage the roadbeds which are essential to the traffic carrying capacity of our road network; -and, i i WHEREAS, The North' Carolina Department of Transportation did on April 22, 1983, request that U.S. 15-501 between U.S. 64 in Pittsboro and 1-85 in Durham be added to the routes in North Carolina designated by the Fed- eral Highway Administration as authorized to carry tandem trailers. i NOW THEREFORE BE IT RESOLVED, that we, the Orange County Board Of Commissioners, acting on behalf of the safety and welfare of the citizens of Orange County do oppose the addition of U.S. I 15-501 to that list of orads authorized for tandem trailers. AND, BE IT FURTHER RESOLVED that we do request the North Carolina . Department of Transportation withdraw U.S. 15-501 between U.S. 64 in Pittsboro and .I-85 in Durham from its list of fifteen i (15) additional such roads in North Carolina. THIS, the 17th day of May, 1983. i Richard E. Whitted, Chair Orange County Board of Commissioners I i i i i ,I t i - I C�ri3 ORANGE COUNTY PROPOSED 1982-83 BUDGET AMENDMENT . i The 1982-83 Budget Ordinance of Orange County as adopted on June 22;, 1982, I and subsequently.amended, is hereby amended as follows: - i General Fund: ! 1) Appropriation: i Health $ 4,000. Source: Health-Family Planning Grant $ 4,000. To budget for additional funds made available for Health-Family Planning. i f 2) Appropriation: Social Services $12,000. Social Services 13,400: $25,400. i Source: Social Services-Subsidy Program $12,000. Social Services-Subsidy Program _13,400. 1 $25,400. I To budget for additional mid-year funds available for Social Services- Subsidy Programs. i Adopted this w day of 1983. i i