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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 7, 1986
The orange County Board of Commissioners held a regular meeting on
April 7, 1986 at 7:30 p.m. in the Superior Courtroom of the orange
County Courthouse, Hillsborough, North Carolina.
BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners
Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant
County Managers Albert Kittrell and William T. Laws, EMS Director Bobby
Baker, Finance Director Gordon Baker, Clerk to the Board Beverly A.
Blythe, Deputy Finance Officer Ken Chavious, Planning Director Marvin
Collins, Health Director Jerry Robinson,. Planner Susan Smith, Financial
Analyst Donna Wagner, and Personnel Director Beverly Whitehead.
BOARD COMMENTS
None
AUDIENCE COMMENTS
1. MATTERS ON THE PRINTED AGENDA
Chair Willhoit clarified that item H-11 "Mobile Home
Regulations" is not a public hearing but was placed on the agenda to
receive written comments from those objecting to this ordinance and to
then refer it back to the Planning Board for further study. After
several comments from the audience and Baard members it was decided that
public comment would be entertained at the appropriate time on the
agenda.
2. MATTERS NOT ON THE PRINTED AGENDA
None.
Chair Willhoit suggested that items C "Minutes" and D
"Appointments" be moved to the end of the meeting; that item H-19
"Paramedic Contract with Memorial Hospital" be moved to the consent
agenda; that items G-7 "Proposed Budget Amendments" and H-13 "Burnside
Preliminary Plan" be deferred to the next meeting and that item I
"Executive Session on Property Matters" be deleted.
E. PUBLIC HEARINGS (A complete copy of the presentation is in the
permanent agenda file in the Clerk's Office).
Chair Willhoit announced that because of the proposed budget cuts
under the Gramm-Rudman-Hollings bill the County will face a difficult
year. In anticipation, two public hearings will be held in an attempt
to assess the total impact of these proposed cuts on the budget. One
will be held tonight and one on April 22.
County Manager Ken Thompson gave an overview of the presentation
which included (a) potential federal cuts resulting from the Gramm
Rudman- Hollings Amendment to the Congressional Budget impoundment
Control Act of 1974 and (b) an update on the financing plan for school
capital projects.
Finance Director Gordon Baker expounded on the proposed cuts and
their impact on Orange County.
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Chair Willhoit opened the public hearing for citizen comments:
1. PEGGY POLLITZER, chairperson of the needs assessment committee
of the Human Services Advisory Commission, reported that a services
assessment was done to determine the services needed in Orange County,
the priority of the service, the services currently available and the
adequacy of the current level of service. A questionnaire was used and
sent to elected officials and other Human Services Advisory Commissions
with a 57~ return rate. The preliminary results indicate that the top
ten priorities included: (1) the protection of children from abuse and
neglect, (2) rescue-squad, (3) pregnancy education and counseling, (4)
elementary and secondary schools, (5) maternal and child health, (6)
crime prevention, (7) child care, (8) vocational education, (9) remedial
reading, and (10) drug abuse prevention, treatment and counseling.
Sixteen of the twenty five priorities deal with children and seven are
health related services.
2. RUTH LONG, speaking for LIPAC (Low Income Policy Act) and as a
member of the JOCCA Board, indicated that LIPAC makes available monies
to low income citizens for housing repairs. She cited numerous examples
of the program and also endorsed the nutrition program.
Chair Willhoit asked about the impact of Gramm-Rudman on the
LIPAC grant and Gloria Williams indicated it is part of the block grant.
3. PEGGY DAVZS, spoke in support of JOCCA. .She talked about the
help JOCCA has given to the elderly people and emphasized the importance
of maintaining JOCCA.
4. DAISY GUNN, spoke in support of JOGCA. She noted that JOCCA
has helped the elderly in getting their social security and food stamps
and asked that JOCCA not be cut.
5. LEDICO MEDLIN, spoke in support of JOCCA and asked that the
programs be continued.
6. JUDY KING, spoke of the enjoyment she receives from the
various programs offered by JOCCA and would like for funding to be
continued and not cut.
Finance Director Gordon Baker continued with his presentation on
school capital. Each school system will make a presentation on April
22.
Commissioner Marshall requested that the debt service the County
presently pays be added to the anticipated revenue as they are paid.
Some of the bonds are due in 1990 and the remainder in 1999.
THERE BEING NO FURTHER COMMENTS, THE HEARING WAS CLOSED.
2. ISOTECHNOLOGIES REVENUE BOND APPLICATION
Attorney Geoffrey Gledhill referenced the North Carolina
Administrative code which contains the procedures for approval of the
project and the issuance of bonds to finance the project. As part of the
procedure, a public hearing must be held during which the applicant will
present details about the proposed project and bond issue, including the
following:
(1) the site location;
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(2) the building specifications;
(3) the type of operations to be conducted at the project;
(4) pertinent environmental questions;
(5) employment and wage projections, including. whether the
operator will meet or seek waiver of the wage test in
Rule .0303 of this Chapter;
(6) the size of the proposed bond issue; and
(7) a description of plans for sale of the bonds.
Chair Willhoit opened the public hearing.
PRESENTATION BY THE APPLICANT
J. B. Martin, Vice-President and General Manager of
Isotechnologies, gave an overview of Isotechnologies. It was chartered
in 1982 and is a private health company with 70 shareholders. The
business produces and sells muscular skeletal measuring devices that are
joint specific. As of- January one year ago gross sales exceeded 2.6
million dollars.
Tom Coleman, Vice-President of Operations for Isotechnologies,
gave a brief description of the building. The building will be located
on the old racetrack site across from Parker Hannifin. The building
will have 25,000 square feet. He noted that the average weekly wage for
the employees on hand last summer was $503.58. The water consumption
will be for normal use. The sale of bonds will be handled through a
North Carolina national bank.
COMMENTS FROM THE INDUSTRIAL BOND AUTHORITY
Thomas Tiernan, Chair of the Orange County Industrial
Facilities and Pollution Control Financing Authority, reported that the
Board reviewed the plans for Isotechnologies and was impressed with the
company. Jobs will be brought to the area and there is no burden on
water and sewer. He clarified that the County is not lending
Isotechnologies one and one half million dollars but that NCNB is
lending them the money. The County, by their approval, is indicating to
the federal government that they approve of this type of firm moving
into Orange County and the company will be eligible on a break on the
interest they will have tq pay.
WITH NO FURTHER COMMENTS, THE HEARING WAS CLOSED.
3. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS
The Planning Staff requested this item be continued to April
22, 1986.
Motion was made by Commissioner Carey, seconded by
Commissioner Lloyd to continued the proposed subdivision regulations
text amendments to April 22, 1986.
VOTE: UNANIMOUS.
F. PROCLAMATIONS
1. PUBLIC HEALTH WEEK APRIL 13-19 1986
Jerry Robinson read the following proclamation:
PUBLIC HEALTH WEEK
1986
BY THE COMMISSIONERS OF THE COUNTY OF ORANGE
A PROCLAMATION
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future for Orange County;
NoW THEREFORE, it is hereby proclaimed that April 13 through April 19,
1986 as "Public Health Week" in Orange County, North Carolina; a
period for all residents to take amore active. role in making this
.county a healthier, safer place to live.
WHEREAS, Governor James G. Martin has proclaimed the week of April 13-19
1986 as Public Health Week in North Carolina; and
WHEREAS, the Public Health facilities in Orange County serve many of our
citizens each year; and
WHEREAS, Public Health seeks to assure a cleaner, safer, more wholesome
environment in which to live; and
WHEREAS, healthful living is the major prevention of the financiburdens '
of disease and chronic illness; and
WHEREAS, a concerned, informed and active citizenry will ensure healthy
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to proclaim April 13-19 as Public Health week in Orange County.
VOTE: UNANIMOUS.
on visitors and citizens when litter is permitted to
accumulate; and
WHEREAS, THE Board of Commissioners wishes to encourage and endorse the
concept of "Clean Up Litter Month;"
NOW, THEREFORE, BE IT PROCLAIMED THAT THE ORANGE COUNTY .BOARD OF
COMMISSIONERS DOES HEREBY DESIGNATE APRIL 21-26 CLEAN UP
LITTER WEEK IN ORANGE COUNTY.
BE IT FURTHER PROCLAIMED that the Board of Commissioners encourages all
citizens of Orange County to participate in Clean Up Litter
activities in their neighborhoods.
LITTER WEEK APRIL 21-26. 1986
of Recreation and Parks Mary Anne Black presented and
proclamation:
P R O C L A M A T I O N
Carolina Department of Transportation has designated
"North Carolina Litter Clean Up Month" on North
highways; and
County Board of Commissioners recognizes the
derived to the County when the highways and streets
. in the County are litter free; and
WHEREAS, THE Board of Commissioners recognizes the negative impact
2. CLEAN UP
Director
read the following
WHEREAS, THE North
April as
Carolina
WHEREAS, THE Orange
benefits
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to proclaim April 21-26 as Clean Up Litter Week in Orange County.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION - CONSENT AGENDA
The County Manager recommended the following action by the Board:
1. ISOTECHNOLOGIES REVENUE BOND APPLICATION (A copy of the
resolution is i_n the permanent files located in .the Clerk's office.)
To approve the resolution for the issuance of not exceeding
$1,500,000 aggregate principal amount of industrial development revenue
bonds of the Orange County Industrial Facilities and Pollution Control
Financing Authority to finance an industrial project .for
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Isotechnologies, Inc. and to approve the industrial project.
2. HEARING DATES - BOARD OF EQUALIZATIONREVIEW
To approve the meeting dates for the Board of Equalization and
Review to convene Monday, May 5, 1986 and adjourn Tuesday, May 20, 1986.
3. .INFANT AND TODDLER AUTOMOBILE SAFETY SEATS
To authorize execution of the "Program Agreement" with the
North Carolina Highway Safety Program for two years. If OCPSA defaults
in its responsibility the seats become property of Orange County.
4. RELEASE OF PORTION OF RIGHT OF WAY PREVIOUSLY GRANTED IN
COUNCILVILLE
To reconvey to Jessie Council a portion of the original right-
of-way granted that is no longer required because the location of a
portion of Street B has been changed and approved by the Department of
Transportation, and portion of the previously granted right-of-way is no
longer required for the construction of the street.
5. THE SUPPLEMENTAL RETIREMENT INCOME PLAN OF NORTH CAROLINA
To adopt a resolution authorizing law enforcement offzcers and
general employees to participate in the supplemental retirement income
plan and authorize the Chair to sign the employer/administrator
agreement for such plan.
6. BUDGET AMENDMENT FOR PLANNING DEPARTMENT
To amend the 1985-86 Budget Ordinance by the following:
General Fund
Appropriation - Planning Department $4,320
Source - Contingency $4,320
7. PROPOSED BUDGET AMENDMENTS
Continued to April 22 meeting.
8. PROPOSED BUDGET/PROJECT ORDINANCE AMENDMENT
To amend the 1985-86 Budget Ordinance and the Northern
Fairview Revitalization Project Ordinance adopted on September 30, 1986.
The amendment will reverse the budget amendment authorized on September
30, 1985 and appropriate $8,000 to the Northern Fairview Revitalization
Fund to be used for engineering fees.
9. CONTRACT APPROVAL FOR THE ANIMAL SHELTER EXPANSION
To award contracts for the animal shelter expansion as
follows:
Holt Construction Co. - $54,460
Watson Electrical Construction Co. - $ 9,370
Acme Plumbing Co. - $9,950
10. VEHICLE REPLACEMENTS FOR THE SHERIFF'S DEPARTMENT
To authorize the Director of Purchasing to issue the required
purchase orders for eight (8) replacement patrol vehicles and one (1)
replacement van and to develop in conjunction with the Sheriff a vehicle
rotation and replacement schedule which will provide for even purchases
from year to year.
11. PARAMEDIC CONTRACT WITH MEMORIAL HOSPITAL (moved from H-.19
Items for decision to the consent agenda)
To approve and authorize the Chair to sign a contract with
North Carolina Memorial Hospital for the purpose of providing County
employees (Paramedics) for on-flight emergency medical coverage and ,,-
assist North Carolina Memorial Hospital in implementing its Air
Ambulance program. All cost to Orange County would be reimbursed by
North Carolina Memorial Hospital.
Motion was made by Commissioner Marshall, seconded by
Commissioner Carey that the forgoing action be taken by the Board.
VOTE: UNANIMOUS.
H. ITEMS FOR DECISION
11. M_o_bile Home Regulations
Planning Director Marvin Collins briefly explained the
standards applicable to non-conforming mobile home parks. All parks
constructed in the County in zoned townships prior to the adoption of
this ordinance on March 18, 1986 are considered non-conforming uses. He
summarized the provisions as set forth in Article 6 and 7 of the Orange
County Zoning Ordinance that related to mobile home parks. The public
hearing for the proposed standards was advertised in accordance with the
N.C. General Statutes and the Orange County Zoning Ordinance. When the
standards were adopted, a notification letter was sent to inform the
owners of the effective date 'of the standards and generally described
and included excerpts from the Zoning Ordinance.
The Planning Department received calls from mobile home park
operators and owners. The calls were divided in terms of pr-o and con of
the new standards. Those in support of the standards view them as an
opportunity to increase the quality of the existing mobile home parks in
the County. Those in opposition of the standards have spoken primarily;:;..
of the financial hardships created for the operators and the park
occupants and their inability to physically meet space and setback
requirements in such a short period of time.
Collins suggested that because of the concerns raised by the
operators and mobile. home owners that the ordinance be referred back to
the Planning Board for further study. Amore equitable way to enforce
the Ordinance would be to include an amortization period. He has
suggested to those who have expressed concerns that they put in writing
their specific problems for the Planning Staff and Planning Board to
review and that a representative attend the meetings that will be held.
The process and procedure for making appropriate adjustments
in the Ordinance were discussed. Chair Willhoit announced that those who
would like to comment on this ordinance will be permitted to do so.
Commissioner Carey pointed out that in approving the mobile
park ordinance the Board was trying to accomplish some very serious
objectives which would improve the conditions in some mobile home parks
that would be in the best interest of the mobile home park owners and
the people who live in the mobile home parks.
Several spoke in opposition of the mobile home standards. They
were (1) Ralph Whitaker, Mebane mobile home park, (2) Joey Colclough,
owner and operator of a mobile home park, (3) Jim May, operator of a
mobile home court, (4) Jim Cole, property owner in Orange County, (5)
Lawrence Baker, owner of a mobile home park, (6) Dick Patton,
representative of an investment group, (7) Paul Thacher, mobile home
park owner, (8) J. Ray Andrews, previous mobile home park owner, (9)
Thomas Iris, Electrician, and William Efland.
The main concerns were (1) the personal financial impact by
complying with the new regulations, (2) the retroactive standard in the
ordinance, (3) the process followed in presenting the amendment to the
public, (4) space required for each mobile home unit, (5) the wording
of Section 6.2]..1, (6) relocation of those presently living in mobile
home parks, (7) lost of revenue to the County by decreasing the number
of mobile homes in the County, and (8) the associated electrical costs
created by moving mobile homes.
John Mallard, Bank vice President spoke not in opposition of
the entire ordinance but in opposition to the retroactive standard
contained in the ordinance. The developers' cost for complying with the
new Ordinance will have to be offset by an increase in the rent for
those people who live in the parks. The potential for substantial
decline of cash flow for mobile home developers and owners can and
probably will be extremely detrimental to their ability to continue
paying the mortgage debt.
Chair Willhoit stated that the Ordinance was amended to
address legitimate cancerns and was in no way an attempt to bankrupt
anyone. The Ordinance may need to be modified to include a mechanism
for addressing the concerns of public safety and welfare and also
address those concerns expressed since the ordinance was passed.
Motion was made by Commissioner Lloyd, seconded by
Commissioner Walker that this matter be referred back to the Planning
Board for further study and that a moratorium be placed on the mobile
home standards until the study is completed. Input will be requested
from those directly involved.
Chair Willhoit asked that the Planning Board give specific
attention to the intent of the ordinance in terms of bringing the parks
up to a standard that will insure the health and safety in those areas.
Another public hearing will be held and letters will be sent to those
who own mobile park homes or who have requested such information.
Commissioner Marshall requested that this study be done as
quickly as possible.
VOTE: UNANIMOUS.
12. OAK RISE PRELIMINARY PLAN
Planner Susan Smith. presented for consideration of approval
the Preliminary Plan for Section One Phases I and II and Section Two
Phases III, IV & V of oak Rise subdivision. The developer, George
Horton, has requested approval of a subdivision for 40.7 acres of land
located off Miller Road in Hillsborough Township. Approval of the
request would allow development of a 24 lot subdivision served by
individual wells and septic tanks. The developer has indicated his
preference that the subdivision be served by the Town of Hillsborough
water services when available.
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With no further business to come before the Board, Chair Willhoit
adjourned the meeting. The next regular meeting wall be held on April
22, 1985 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel
Hill, North Carolina. -
Don Willhoit, Chair
Beverly A. Blythe, Clerk