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HomeMy WebLinkAboutMinutes - 19870803MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS --, REGULAR MEETING AUGUST 3, 1987 The Orange County Board of Commissioners met in regular session on Monday, August 3, 1987 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, ,john Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pamela Jones, Director of the Department on Aging Jerry Passmore, Planner Don Powell, Social Services Director Marti Pryor-Cook and Budget Analyst Donna Wagner. PUBLIC CHARGE Chair Shirley E. Marshall read the public charge. A. BOARD AND MANAGERS COMMENTS _.,,Chair Marshall asked that F6 "Public Hearing Advertisement" be moved to G3B and that G3A be added for "Federally Forfeited Property". In answer to a question from Commissioner Hartwell, Chair Marshall stated that long range planning items will be written into the agreement for the Durham-Hillsborough water line and this agreement will be presented at the next Board of Commissioners' Meeting. Don Willhoit announced that a summer social will be held on August 9, 1987 for Richard Whitted. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak will be recognized at the appropriate time. 2. MATTERS NOT ON THE PRINTED AGENDA Several citizens appeared before the Board to express concerns about day-care funding in Orange County. Ernie Patterson read a statement giving statistics on day- care recipients and the amount of money spent on day care. He stated that Orange County will receive $276,000 from the state or 50% of that needed for day-care which leaves a $274,000 deficit. He asked that the County Commissioners budget the .full amount. as requested by the Department of Social Services or enough to continue funding the children who presently receive services. Nancy Yaeger (parent), Helen (Cedar- Grove Day- care Center), Rick Farrington (parent), Patricia Holden (parent), Carla (7-year old) and Carolyn Short (parent and student) spoke of the need for day-care and asked that additional funds be allocated. A petition was presented with 682 signatures which stated "We the undersigned believe that low income families should not be deprived of the scholarship aid they need in order to continue in day care. Due to recently announced drastic cutbacks of funds in our county, we petition the Orange County Board of Commissioners to provide an emergency contingency fund for children who would otherwise lose their day care now subsidized by D.S.S. (This petition is in the permanent agenda file in the Clerk's office). Director of Social Services Marti Cook stated that day-care is a pressing issue in Orange County as well as across the country. The Board of Social Services will be looking at this issue during the next year, in :,~.~ an effort to address the issue without compromising quality day care. In s answer to a question from Commissioner Halkiotis, Ms. Cook stated that she is not aware .of a day-care resource at the University of North Carolina at Chapel Hill under the auspices of the University. The University does participate in some funding for Childcare Networks. The Commissioners expressed an understanding of the importance of day-care and agreed that this item would be discusses at the time the budget is reviewed. C. MINUTES Motion was made by Commissioner Carey,. seconded by Commissioner Halkiotis to approve the minutes for April 15 (continued meeting from Apri1.6, 1987) as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the minutes for April 21, 1987 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the minutes for a special meeting held on June 8, 1987 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner:.-,:,,, Carey to approve the minutes for June 22, 1987 as corrected. VOTE: UNANIMOUS. PUBLIC HEARING ON THE SECONDARY ROAD IMPROVEMENTS John Watkins, District Engineer for the Department of Transportation, stated that the anticipated secondary allocation is $633,778.00. The priority rating stayed the same as last year by request from the Board of Commissioners. He listed and described the projects that would be included in this years program. Chair Marshall described a dangerous condition on Iiimbro Road. Mr. Watkins suggested and the Board agreed to reduce the money allocated for spot stabilization of unpaved roads by $10,000 to upgrade the condition of Iiimbro Road. Commissioner Halkiotis made reference to Homestead Road and stated that the bridge needs to be evaluated in terms of safety. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS LARRY FLANNERY made reference to Gailbraith Road or Cole Mill Road, and stated that in the last two years, because there is an entrance on this road to the Eno State Park, traffic has increased by 47~. The road is 9/l0 of a mile long and 221 cars daily enter the park gate. This increase in traffic has caused excessive dust in the area. There are eighteen (18) homes on this road. Because of the state park, he asked that the road be paved this year. In answer to an inquiry from Chair Marshall, Watkins indicated that no special consideration is given to a road that leads to a state park. Mr. Buchanan asked that Chair Marshall call him at his office in the next several days to discuss a possible solution. --~-' DONALD TELLY , Cole Mill Road, spoke of the same problem as Mr. ~` - ~~ Flannery. He complained of the dust and stated that the State created~th~~= problem by placing the park entrance on that road and asked that they correct and eliminate the problem. -- ANN RILEY of Cole Mill Road spoke about the increased traffic since ~ the park opened two years .ago. She asked that special consideration be given for correcting the problem. ADRIANO MARCUS , Route 8, Chapel Hill, spoke to the fact that Mill House Road is unsafe because it is not wide enough for two cars to pass. He presented pictures of the unsafe condition of the road. There is a sub- division being built on the road which has caused a lot of traffic by construction vehicles and will ultimately add traffic to the road. There has been no maintaining of the road for at least eight (8) months. He asked that something be done to the road before someone gets hurt. BETSY TILLEY , stated that four or five years ago a petition was presented to the County requesting that State Road 1383, Eno Cemetery Road, be paved. The length of the road is 1 mile. There are 35 homes with more development already approved. She asked if another petition should be submitted for this road since the growth in the area~had been substantial in the last four years and was told "yes." VIC KNIGHT , resident of Miller Road, asked that consideration be given to the paving of Miller Road. Both ends of Miller Road are paved with a small section in the middle not paved. He described the traffic and.~.the unsafe conditions on this road. MR. APPLE , resident of Kimbro Road spoke of the dust problem and asked that rock be placed on the road to ease the problem. SUSANNE MACE , resident of Mill House Road, spoke of the dangerous condition of the road. While DOT has been responsive, visibility is poor and standing water presents a problem. The road needs to be widened and the curves straightened. Chair Marshall pointed out that the proposed improvements include straightening out some of the curves and asked that extra consideration be given for alleviating other dangerous problems on this. road. RUBY CAUSLY spoke about the condition of Bushy Creek Road and was told that improvements will begin this year and be completed next year. SIM EFLAND spoke in support of the improvements to Bushy Cook Road. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the 1987-88 Secondary Road Improvements Program as proposed by NC Department of Transportation. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORTS None. B. 1. ADDITIONAL MATTER NOT ON PRINTED AGENDA HENRY MORRYS stated that the Planning Department issued a permit to a Mr. Martin to erect a 40 x 80 storage building in a residential area. Mr. 1. ~.) .::.i '/ - Martin was then issued a home occupation permit to operate a business out of his home. Morris accused the Planning Department of lying to him and giving out false information. He wrote a letter to the County Manager on May 26 but received no response. He understands the Planning Department is monitoring the situation and that the home occupation permit was ,.-,q revoked as of last Friday. However, the business is still being operated without a permit. Marvin Collins confirmed that the permit was revoked and that the - situation is being monitored. Yn answer to a question from Commissioner Willhoit, Collins indicated there are no provisions within the standards for the home occupation permit that addresses the traffic that may be generated by a business on a road which has a maintenance agreement. The Ordinance needs to be changed to. include this provision. An amendment could be prepared for the November Joint Public Hearing. This complaint was referred to the Interim County Manager for investi- gation with a report to be brought back to the Board. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the items on the Consent Agenda: 1. PHARMACEUTICAL SERVICES CONTRACT To approve a contract with the University of North Carolina at Chapel Hill for its School of Pharmacy effective July 1, 1987 to June 30, 1988 and authorize the Chair to sign. 2. HOUSING DEMONSTRATION PROGRAM GRANT APPLICATION To approve August 18 and September 8, 1987 as public hearing dates to receive citizen comments on the Housing Demonstration Grant,,: application. 3. LEGAL SERVICES CONTRACT -- DSS ~• To approve the contract for legal services for Adult and Children's Protective Services for fiscal year 1987-88 and. authorize the Chair to sign. 4. LAKE ORANGE FLASHBOARDS CHANGE ORDER To approve a change order for extending the contract an additional 60 days for installing flashboards at Lake orange. 5. PROPOSED PUBLIC HEARING - ASSIGNMENT OF HOUSE AND BUILDING NUMBERS (RURAL„ROUTE,2~ To approve the proposed legal notice advertising a public hearing and the method for notifying affected residents and businesses. 6. ADVERTISEMENT - AUGUST 24 1987 PUBLIC HEARING This item was removed from the Consent Agenda and became item G3a. 7. HUMAN RELATION COMMISSION To approve the expansion of the membership of the Orange County Human Relations Commission from 17 to 23 members with two members each to be recommended by the towns of Hillsborough, Chapel Hill and Carrboro and authorize the Chair to write the appropriate correspondence. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. MORTAR HILL AND TIMBERLY ROADS - PPP PETITION Planner Gre Sz °- ~ ~ ~ `~' g ymik presented a petition for the Moriah Hill Road and Timberly Drive participatory paving project. The project was accepted by the Board on April 16, 1985. Seventy-six percent of the property owners, owning 19 of the 24 lots have signed the petition accounting for ___ approximately 4231 feet of frontage or 79$ of the total road frontage. The total project cost is $89,067.16 and the local share that will be financed ~ and assessed is $34,915.16 or .39.2$ of the total cost. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to accept the petition, adopt the Preliminary Assessment Resol- ution and schedule a public hearing on the resolution for August 18, 1987. VOTE: UNANIMOUS. 2. RE UEST TO INITIATE LEGAL ACTION - HOYLE AND LEONARD KING Marvin Collins requested that proceedings be initiated against Hoyle and Leonard King for violation of the Orange County Zoning Ordinance. Abandoned mobile homes and other goods are stored on property located on Dimmocks Mill Road, which is zoned AR. Two letters have been sent and no response has been received. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the County Attorney to initiate legal proceedings against Hoyle and Leonard King. VOTE: UNANIMOUS. - - ~~a-.... i•~.r~..~.rii~r, ls~ruv~7r~ix - i''11i~~"'1' l~L''ADING (The resolution will be included in the minutes of the second reading) Albert Kittrell presented the first reading of a resolution approving the transfer of a percentage of BT Cable, xnc., the corporation which owns Alert Cable TV, to TFBA Sub., Ltd. - Motion was made by Commissioner Hartwell, seconded by ~' ` Commissioner Willhoit to adopt the first reading of the resolution ~., ,,~ approving transfer. ~•-- - VOTE : UNANIMOUS . 3a. FORFEITED PROPERTY Gledhill explained that there is a federal statute which permits confiscated property to be forfeited to the Federal government and then turned over to a state authority. The County must certify that it will use the money returned to the county from sale of this confiscated property for law enforcement. The Sheriff must certify that everything is done in accordance with Federal laws. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the receipt of these funds and to authorize Robert Epting to do the authorizations when the money is received. Upon receipt of this money, a budget amendment will be placed on the agenda for Board approval. VOTE: UNANIMOUS. • 3b. ADVERTISEMENT FOR THE AUGUST 24 1987 PUBLIC HEARING Chair Marshall questioned the amount of land that will be gained by Mebane in the change of the boundary line in its extraterritorial area. Marvin Collins explained that six lots, or about seventeen acres, will become wholly in Mebane's jurisdiction. The area that Orange County will gain will be 25 acres. Commissioner Hartwell asked why Chandler Concrete was listed on the public hearing notice since the owner had ample time to request a change in the Land Use Plan. Gledhill stated that Chandler Concrete, because of the court decision, is not in compliance with the Land Use Plan and must request an amendment to the Plan. ••••~-~~~' " Motion was made by Commissioner Carey to approve 1987 Joint Planning Hearing. VOTE: UNANIMOUS. Commissioner Hartwell, seconded by the legal advertisement for the August 24, 4. RECRUITMENT AND SELECTION OF ORANGE COUNTY MANAGER Chair Marshall briefly described the process used for the selection of the Social Services Director. The process included an assessment of the needs of county government, and those critical skills and abilities required to meet those needs, and created a p=ofile. She suggested holding a work session to set up these first two steps before wording the advertisement. Commissioner Willhoit suggested going ahead with the advertisements and putting effort into describing thvse~characteristics wanted in a manager. Commissioners Hartwell and Carey agreed that those characteristics included in the profile should be placed also in the advertisement. It was decided that a work session would be held tomorrow night after the budget adoption. 5. POLICY DECISIONS ON CAPITAL EXPENDITURES Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the policy as stated below subject to a public hearing being held., The Board shall: 1. adopt a lean, one-year CIP with adoption to the budget; 2. have prepared, debate, and adopt a 5-year (one additional year) CIP no later than 15 January 1988; 3. include in the CIP a wing or addition built as the Tax and Record Building is enlarged to house the offices of County Commissioners, County Manager, Finance and Personnel, and with the new 5th year to include renovation of the New Courthouse for exclusive use of the Courts. 4. set the date-of the bond referendum no earlier than November 1988; 5. commit to an attempt to set up the proper reserves and mechanisms that will move Orange County into a pay-as-we-go funding in the future. VOTE: UNANI MOUS. 1987-88 BUDGET ADOPTION (A copy of the budget proposal from Commissioners Carey and Willhoit are in the permanent agenda file in the Clerk's Office). Commissioner Carey suggested increasing the tax rate from 57.7 cents per loo to 59 cents per 100. He made further adjustments which made the final tax rate 60.1. He explained the factors and legislative assumptions included in his proposal. Commissioner Willhoit stated that the $30,000 cut from the budget for the roofs for the Orange County system would go into school capital reserve and would not be available to reduce the tax rate. Commissioner Carey suggested allocating $30,000 less for architectual fees which would came from capital reserve and using the $30,000 cut from the budget for architectual fees. Commissioner Willhoit pointed out this would be taking $30,000 from school capital reserve to fund current capital. Commissioner Willhoit presented a mark-up list totaling $217,559. In the discussion of county capital, Chair Marshall stated that in accepting the plan for the CIP, a definite decision has been made not to do the renovations on the third floor.