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HomeMy WebLinkAboutMinutes - 198612013~5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS - REGULAR MEETING DECEMBER 1, 1986 The Orange County Board of Commissioners met in regular session on December 1, 1986, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Jr., Ben Lloyd and Norman Walker. COMMISSIONERS ELECT PRESENT: Stephen Halkiotis and John Hartwell. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Deputy Clerk Sylvia Clements, Planning Director Marvin Collins, Purchasing Director Pam Jones, Director of Department on Aging Jerry Passmore, Land Records Manager Roscoe E. Reeve, Planner Greg Szymik, and Personnel Director Beverly Whitehead. The meeting was called to order by Chair Willhoit. A. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the minutes for November 3, 1986 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for November 18, 1986 as corrected. °.: VOTE: UNANIMOUS. ~~ Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the minutes for November 24, 1986 as corrected. VOTE: UNANIMOUS. B. RESOLUTION OF APPRECIATION Chair Willhoit presented a resolution of appreciation that will be given to Tom Ward at a reception in his honor. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the resolution as printed below. WHEREAS, on September 15, 1965, Thomas M. Ward became Director of the Orange County Social Services Department, and WHEREAS, Thomas M. Ward has served Orange County and its citizens conscientiously, and WHEREAS, Thomas M. Ward has given freely of his time, talents and energy in the administration of the Social Service programs, and for the concerns of Orange County citizens, and WHEREAS, Thomas M. Ward through his efforts has earned the respect and appreciation of the government officials, his peers and cow:~rkers, and the citizens of orange County, and WHEREAS, Thomas M. Ward has determined that it is now time for him to retire and channel his efforts toward new endeavors, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of 3~b Commissioners takes action through its members on behalf of the citizens of Orange County to express to Thomas M. Ward its sincere appreciation and gratitude for his years of service and contributions to orange County and the Department of Social Services, and further wish to him happiness and.,___t good health in the future. Let a copy of this resolution be presented to Thomas M. Ward and a copy of this resolution be included in the minutes of this meeting, this the 1st day of December, 1986. VOTE: UNANIMOUS. C. OATHS OF OFFICE FOR BOARD MEMBERS (The signed oaths are on permanent file in the office of the Clerk to the Board). Ms. Charlotte Cole administered the oath of office to newly elected Commissioner .Stephen Halkiotis. Mrs. Beverly A. Blythe administered the oath of office to newly elected .Commissioner John W. Hartwell. Clerk of Courts Shirley James administered the oath of office to re- elected Commissioner Shirley E. Marshall. D. BOARD ORGANIZATION 1. ELECTION OF THE CHAIR AND VICE-CHAIR The Board elected Shirley Marshall as Chair until the first meeting in December, 1987. The vote was unanimous. The Board elected Moses Carey as Vice-Chair until the first meeting in December, 1987; the vote was: Moses Carey, 4; Don Willhoit, 1. 2. ADOPTION OF THE RULES OF PROCEDURE Two additions to the present adopted "Rules of Procedure" were::,,s suggested by Chair Marshall: `~' (1) Ado tion of Resolutions Proclamations and Orders A motion shall be adopted by a majority of the votes cast for any and all resolutions, proclamations and orders. The vote shall express the sense of the board on a question or issue brought before it and shall serve as an official declaration of a particular state of fact or circumstance. (2) Documents Presented to the Chair for Si nature The Clerk to the Board shall be the single county employee responsible for presenting documents to the Chair for signature; the Clerk shall review all such documents with the County Attorney before they are presented to the Chair for execution. In response to a question from Commissioner Hartwell, County Manager Ken Thompson explained that the deadline for receipt of items to be placed on the agenda has been set for the preceding Tuesday for Department Heads. A Board member may add an item to the agenda any .time before the agenda is printed. Commissioner Willhoit explained that an iter:- may be added to the agenda the night of the meeting providing all five members are present and agree to the addition. Commissioner Hartwell also questioned the order of business as stated in the "Rules of Procedure" and Chair Marshall suggested that this specific item be deferred to the next meeting for further discussion. Motion was made by Commissioner Carey, seconded by Commissioner Halkiot~s to approve the two additions to the "Rules of Procedure" and 317 adopt the "Rules of Procedure" as previously amended by the Board. VOTE: UNANIMOUS. E. APPOINTMENTS 1. MANAGER Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to appoint Kenneth R. Thompson County Manager. VOTE: UNANIMOUS. 2. CLERK TO THE BOARD Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to appoint Beverly A. Blythe Clerk to the Board. VOTE: UNANIMOUS. 3. COUNTY ATTORNEY Motion was made by .Commissioner Willhoit, seconded by Commissioner Carey to continue the County's association with the firm of Coleman, Bernholz, Dickerson, Berholz, Gledhill and Hargrave for services as the County Attorney. VOTE: UNANIMOUS. 4. BOARD MEMBER APPOINTMENTS Commissioner Halkiotis agreed to serve as the Commissioners' representative on the OPC Mental Health Board and the Orange County Recreation and Parks Advisory Commission. Commissioner Hartwell agreed to serve as the Commissioners' representative on the Social Services Board and the Triangle J COG Alternate Delegate. Chair Marshall stated that all other Commissioner appointments would remain as they are a 5. OTHER APPOINTMENTS ORANGE COUNTY BOARD OF ADJUSTMENT Nomination of Henry Crane '. was made by Commissioner Willhoit, seconded by Commissioner Carey. ?; VOTE: UNANIMOUS. ORANGE COUNTY PLANNING BOARD The nomination of Dan Eddleman was made by Commissioner Carey, seconded by Commissioner Hartwell. VOTE: UNANIMOUS. HILLSBOROUGH BOARD OF ADJUSTMENT Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to rescind the appointment of Vance Spinks and appoint Mary Ann Wolf as the alternate County appointee to the Hillsborough Board of Adjustment. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis). F. BOARD .COMMENTS Chair Marshall thanked the members of the Board for their vote of confidence and indicated she would try to be a good Chair and keep communication open. She announced three work sessions that have been scheduled by the Board of Commissioners: (1) December 4 with the Orange County '7:30 p.m. at Moorefields. (2) December 6 -Goals and Objectives in the Department on Aging conference room. (3) December 8 with the School Merger Center. Planning Board to be held at work session from 9:00 - 4:00 Task Force at 7:30 at Lincoln Chair Marshall requested that items 1, 3, 5, 8, and 9 be removed from the consent agenda for separate consideration. County Manager Ken Thompson requested that item I5 be postponed. G. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those citizens in the audience who would like to make comments 3i8 will been woul be recognized at the time their item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA Joe Crews questioned why Ben Lloyd and Norman Walker had not recognized. Chair Marshall accepted this inquiry and indicated it ..--Y d be taken under advisement. H. REPORT - ENVIRONMENTAL AFFAIRS BOARD STATUS REPORT Dave Moreau, Chairman of the Environmental Affairs Board gave a summary of the Board's accomplishments. He indicated that in an effort to receive additional citizen input, a conference is planned for January 31, 1987 at Orange High School. The members of the Board of Commissioners will be invited to participate in the conference. The information will then be evaluated by the various subcommittees and recommendations will be presented to the Board of Commissioners in the spring. I. ITEMS FOR DECISION - CONSENT AGENDA (Items 1, 3, 8, and 9 were removed for separate consideration and Item 5 was postponed) The County Manager recommended the following action by the Board: 2. BUDGET AMENDMENTS That the 1986-87 Budget Ordinance be amended by the following changes: GENERAL FUND (General Assistance funds) Appropriation - Social Services $ 8,000 Source - Contingency $ 8,ODD GENERAL FUND (Relocation of Driver's License Bureau) .Appropriation - Public works $ 9,900 Source - County Capital Projects Fund $ 9,900 COUNTY CAPITAL PROJECTS FUND Appropriation - Transfer to General Fund $ 9,900 Source -Fund Balance Appropriated $ 9,900 ~4. ECONOMIC DEVELOPMENT FUNDING BY THE GENERAL ASSEMBLY To approve the Resolution stated below to authorize the release of funds that were appropriated to councils of government by the General Assembly. RESOLUTION 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 this state; and WHEREAS, many counties and cities need assistance in pursing economic and community development opportunities, but federal assistance in the form of intergovermental revenues has been severely curtailed in recent years; and WHEREAS, the 1986 Short Session of the 1985 General Assembly recognized this need through the appropriation of $990,000 to held the Lead Regional Organizations assist local governments with grant applications, economic development, community development, support of local industrial development and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of _ member dues or assessments to a 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 319 government for release of these funds to our Regional Council, the available funds will revert to the State's General fund; and WHEREAS, in Region J funds in the amount of $55,000 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 Orange County requests the release of its $7,594.82 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 1014 of the 1986 Session Laws (HB 2055). 6. RESPITE CARE BLOCK GRANT APPLICATION To approve the application for Respite Care assistance funds with the Triangle J Council of Governments effective January ]:, 1987 through June 30, 1987 in the amount of $4,081.00. A local match from the Department of Social Services of $510.00 will be required. 7. CHANGE ORDER FOR REVERE ROAD OFFICE COMPLEX To approve a change order for the Revere Road Office Complex for the purpose of altering the supply duct work in the ceiling of the existing building at a cost of $300.00. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve items 2, 4, 6, and 7 of the Consent Agenda. VOTE: UNANIMOUS. NOTE: Those consent items removed for separate consideration are listed below. 1. CABLE TV FRANCHISE TRANSFER FOR ALERT CABLE (A copy of the resolution will appear in the minutes upon approval of the second reading). County Attorney Geoffrey Gledhill stated that he reviewed the financial information provided by Alert Cable TV and ascertained no reason for them not providing the same service as Alert presently does. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the first reading of the reso~.ut~,on to approve the transfer of Wometco Cable TV, Inc., the corporation which owns Alert Cable TV Franchise, to BT .Cable. VOTE: UNANIMOUS. 3. EXAMINATION OF BONDS Purchasing Director Pam Jones explained the purpose and statutes governing Bonds. Bonds are written for $25,000 for the Sheriff; $25,000 for the Register of Deeds; $250,000 for the Finance Office; $30,000 for the Tax Collector and $10,000 for all County employees for faithful performance. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the bonds at their present level. VOTE: UNANIMOUS. 8. TRANSPORTATION BOARD OPERATIONAL BY-LAWS In answer to some concerns expressed by Commissioner Hartwell, Director of the Department on Aging Jerry Passmore explained that the by- laws refer only to human service transportation and have nothing to do with roads per se. The County Transportation Development Plan provides for replacement or addition of vehicles to the existing operation. 320 Chair Marshall suggested that (1) all. appointments to the Orange County Transportation Advisory Board be made by the Board of Commissioners and that the agencies listed in the composition of this Board make recommendations for consideration by the Board and (2) that the Advisory..__t group be guided by the "Rules and Procedures for Small Boards". Motion was made by Commissioner Carey, seconded by Commissioner... , Willhoit to table this item until revisions can be made. VOTE: UNANIMOUS. 9. APPROVAL OF 1986-87 WORKPLAN FOR REMAPPING PROJECT COMPLETION OF PHASE 2 AND PART OF PHASE 3 Land Records Manager Roscoe Reeve explained the remapping project, its inception and the different phases that will ultimately culminate in the completion of the project. He explained the workplan for the remapping project for 1986-87 in detail. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the workplan as presented by Roscoe Reeve and to approve an additional $627 in County funds for the project. VOTE: UNANIMOUS. J. ITEMS FOR DECISION 1. PD-1-$6 EUBANKS ROAD TOWNHOUSES Marvin Collins stated this item was considered at public hearings on April 3, May 5, and October 13, 1986. The request is for a planned development rezoning and Class A Special Use permit for the project known as Eubanks Road Townhouses which is located in the Joint Planning Area. Collins stated that he, the County Manager and County Attorney would like to recommend that the item be deferred for furtYier;.., consideration. Following the public hearing the applicant John Loving'. presented information to the Town of Chapel Hill which indicated a reduction in the number of units and improvements to Eubanks Road-NC 86°"~-~ Intersection. Because this is new evidence after the public hearing, it would constitute a new application and would require a new public hearing. One option for the applicant is to submit an application based on 120 units; another option is to allow the original proposal based on 137 units to go back to the Chapel Hill Council and the .Orange County Planning Board for consideration and recommendation based on the evidence presented at the public hearings. Dexter Smith who is involved w$th the application requested that the Board defer action on this matter until they have an opportunity to consider the two alternatives. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to adjourn the public hearing until January 5, 1987 for receipt of a recommendation from the Orange County Planning Board. VOTE: UNANIMOUS. 2. REVISIONS TO JOINT PLANNING AGREEMENT Commissioner Willhoit informed the Board that Carrboro requested that no action be taken on these revisions until they have additional time for a response. Discussion ensued on the agreement and the Joint Planning Map. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to defer consideration on the revisions to the Joint Planning Agreement until January 20, 1987. VOTE: UNANIMOUS. 3. COUNTRY MANOR SUBDIVISION Marvin Collins presented for consideration of approval the- Preliminary Plan for Country Manor Subdivision, property of A. E. Morgan. The property is located in Little River Township on the north side of 321 McKee Road (SR 1534). The tract has direct access on McKee and is bordered by residential development and vacant land. Four (4) lots are proposed out of 11.4 acres. The Land Use Plan Designation is Agricultural - Residential. The Planning Board has recommended approval of the Preliminary Plan. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 4. CAROLINA FOREST SUBDIVISION Marvin Collins presented for consideration of approval the Preliminary Plan for the division of Tract ~6 -- Carolina Forest Phase II, property of Edward and Lita Pascarella. The property is located in Chapel Hill. Township on the west side of Damascus Church Road (SR 1940). The tract is bordered by residential development and wooded land. The tract has direct access on Damascus Church Road. Two lots are proposed out of 11.59 acres. The zoning of the property is Rural Residential (R--1) with an overlay zoning designation of University Lake Protected Watershed (PW- II). The Land.Use Plan designation is. Rural Residential (Rural Suffer) and University Lake Watershed. The Planning Board recommended approval of the Preliminary Plan on November 17, 19$6 contingent upon the following condition: Submission of payment-in--lieu for two (2) lots based on recommendation of the Recreation Director. Payment-in-lieu would be equal to 2/35 or .0.057 acres x $5,115 per acre = $291.00. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 5. RE VEST TO DELAY LEGAL PROCEEDINGS Marvin Collins presented for consideration a request from Mr. Elkins and Attorney John McCormick to delay legal action, which was authorized by the Board on September 16, 1986, against Mr. Benjamin Elkins, owner operator of Carolina Sport Art Center until such time as the Board of Adjustment has an opportunity to review his application far a class B Special Use Permit at its January 12, 1987 meeting. Lynn Keiser presented a petition with 99 signatures thereon. The petition is stated below: "We, the parents of children attending classes at Carolina Sport Art, recognizing the benefits of these classes to the health and well- being of our children, respectfully request the Orange County Board of Commissioners to allow Carolina Sport Art to remain in operation while its applications for non-profit status and a special use permit are under consideration." Mr. John McCormick, representing Mr. Elkins, asked that the Board allow Carolina Sport Art to continue with their activities during the proceedings of the Board of Adjustment. He stated that if the decision is that Mr. Elkins will not be allowed to operate that he will voluntarily cease operations at that time, requiring no action on the part of the Board or County Attorney. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to delay legal proceedings against Mr. Elkins until the first regular meeting in February. At that time, legal proceedings may be dropped if the application is approved by the Board of Adjustment, or if not approved, could be initiated again without further Board action VOTE: UNANIMOUS. 6. MORATORIUM ON LANDSCAPING STANDARDS Marvin Collins presented for Board consideration a request to 322 place a moratorium on the enforcement of Section IV-B-8-c-1. of the Subdivision Regulations until a study is completed by the Planning Board of the standards contained therein. Section IV-B-8 establishes landscape and buffer requirements for new subdivisions. ~~- Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve a moratorium on Section IV-B--8-c-1 of the, Subdivision Regulations pending further study of the standards and a recommendation of the Planning Board. VOTE: UNANIMOUS. 7. WATER CONSERVATION ORDINANCE Commissioner Willhoit suggested that the Board Chair and County staff coordinate with OWASA to .determine how to manage water resources upon recovering from a drought. He noted that OWASA requested from the Town of Hillsborough a delay in the deadline for getting the pump station installed until December 15 and suggested that the County approve a delay in that installation until mid January but that OWASA be encouraged to proceed with the installation o.f the pump. The present water situation was discussed. It was agreed that specific recommendations to address the present situation would be presented at the December 16, 1986 meeting. By consensus the Board agreed to support the delay as requested by OWASA for installation of the pump station by 30 days. K. EXECUTIVE SESSION Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to adjourn into Executive Session for the purpose of discussing legal matters. VOTE: UNANIMOUS. 1 L. ADJOURNMENT With no further items to come before the Board, Chair. Marshall adjourned the meeting. The next regular meeting will be held on December 16, 1986, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk