HomeMy WebLinkAboutMinutes - 19880315T. ~'XECUTIVE SESSION
Motion was made by Commissioner Halkiotis, seconded by Commis-
sioner Hartwell to go into executive session to discuss a property matter.
VOTE : UNANIMOUS .
-- ~
Motion was made by Chair Marshall., seconded by Commissioner.
Willhoi~r to go back into regular session.
VOTE: UNANIMOUS.
J. ADJDURNMENT
With no further items for the~Board to consider, Chair Shirley E.
Marshal:L adjourned the meeting. The next meeting will be held on Tuesday,
March 1!5 at 7:30 in the courtroom of the old Post Office, Chapel Hill,
North C+~rolina.
Shirley E. Marshall, Chair
Beverly A. Blythe, Clerk
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MARCH 15, 1988
The Orange County Board of Commissioners met in regular session on March
15, 1988 at 7:30 p.m. in the courtroom of the old Post Office in Chapel
Hill, North Carolina.
BOARD MEMBERS PRESENT• Chair Shirley E. Marshall, and Commissioners
Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers William T. Laws and Albert Kittrell, Recreation and Parks Director
Mary Anne Black, Clerk to the Board Beverly A. Blythe, Deputy Finance
Director Ken Chavious, Planning Director Marvin Collins, Tax Assessor Kermit
Lloyd, Aging Director Jerry Passmore, Health Director Dan Reimer and
Recreation and Parks District Supervisor Wilma Tinney.
A. BOARD AND MANAGERS COMMENTS
Commissioner Carey indicated the Board has been getting a lot of
feedback on the greenway aspect of the Recreation and Parks Plan. He is
aware that the matter is now before the Planning Board and normally would
like to wait until that Board makes a recommendation to the Board of
Commissioners on an issue of this importance but the feedback indicates that
the public is sufficiently enough confused and concerned about the public
access greenways that are proposed that that aspect of the Plan is obscuring
the entire Recreation and Parks Plan. He feels it important that the Board
of Commissioners give the Planning Board some direction on the
considerations they are likely to make at their next meeting. He proposed
that the Board add a discussion on the greenways to the agenda and consider
deleting that portion from the Plan until all the questions can be answered
adequately. That aspect of the plan is going to overshadow the entire Plan
and cause some of the worthwhile elements to be scuttled because of their
association with the greenways. The Board agreed to add to the agenda as G-
7 a discussion on the proposed public access greenways.
Manager Link made a correction on item F1 - Budget Amendments which is
reflected in the approval of that item.
The recommendation for item F2 was omitted from the abstract and should
indicate that the manager does recommend approval for the final R
application.
Link announced that a public hearing will be held on Wednesday, March 30
at 7:30 p.m. in Superior Courtroom in the Orange County Courthouse on the
-Durham/Chapel Hill/Carrboro Thoroughfare Plan.
3. PUBLIC COMMENTS
1. Matters on the Printed Agenda
None
2. Matters not on the Printed Agenda
None
C. MINUTES
NONE
PUBLIC CHARGE
Chair Shirley E. Marshall read the public charge.
AWARD PRESENTATIONS
Arts Commission mem]
to the Commission and
1987--88 Orange County
members of the Board a
all the performing art
County.
per Joan Cohen thanked the Board for the grant given
for their support. She listed the recipients of the
Arts Commission Grants. She distributed to the
copy of a survey that was made by the Commission of
spaces and the visual arts display places in the
D. RESOLUTIONS OR PROCLAMATIONS
1. Senior Games Event Days
A slide presentation was presented by the senior citizen coordinator
iristi Scully. She gave background information on the senior citizen game
``-events. There will be twelve events for senior participation.
Motion as made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to proclaim May 18 and 19, 1988 as Orange County Senior Games
Event Day.
PROCLAMATION
WHEREAS, According to recent population figures, there are over 9,000
persons over 55 years of age in Orange County; and,
WHEREAS, Orange County is concerned about the health, fitness, and
general well-being of its older adult population; and,
WHEREAS, Orange County Senior Games provides a special opportunity for
older adults to grow positively in the areas of health,
fitness, and social well-being; and,
WHEREAS, Orange County would like to encourage local business and
resident support and participation from county residents age 55
and older;
NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of
Commissioners declares May 18 and 19, 1988 as Orange County Senior Games
Event Days and encourages citizens age 55 and over to participate.
VOTE: UNANIMOUS.
2. Intergovernmental Board
Chair Marshall explained that this Intergovernmental Board would
neet to discuss such issues as impact and development fees and taxes, and
:.he issue of alternate revenue sources for public improvements necessitated
by development. Two representatives will serve on this Board from Chapel
Hill, Carrboro and Orange County.
Motion was made by Commissioner Carey, seconded by Commissioner
a~lkiotis to approve the resolution of support for an Intergovernmental
Board as stated below:
RESOLUTION OF SUPPORT
FOR AN INTERGOVERNMENTAL BOARD
REPRESENTING ORANGE COUNTY AND
MUNICIPALITIES WITHIN THE COUNTY
WHEREAS: the elected Governing Bodies within Orange County have recognized
the need for a forum promoting ongoing discussion; and
WHEREAS: the Mayors of Chapel Hill and Carrboro and the Chair of the Orange
County Board of Commissioners have been discussing possible structures for
this forum; and
WHEREAS: the Mayors of Chapel Hill and Carrboro and the Chair of the Orange
County Board of Commissioners have identified the issue of impact and
development fees and taxes, and the issue of alternate revenue sources for
public improvements necessitated by development as worthy of immediate
discussion; and
WHEREAS: the Mayors of Chapel Hill and Carrboro and the Chair of the Orange
County Board of Commissioners have requested each governing body to appoint
two representatives to an initial working group focused on these revenue
matters;
NOW, THEREFORE, BE IT RESOLVED that Orange County does hereby agree to
appoint two elected officials to represent the county on this
Intergovernmental Board.
Adopted this 15th day of March, 1988.
VOTE: UNANIMOUS.
County Attorney Geoffrey Gledhill asked that he be allowed to serve
on this Board at the time some type of plan for impact and development fees
and taxes is developed.
E. REPORTS
1. Consolidation of Health and Environmental Function
Health Director Dan Reimer briefly described the situation with
environmental services at the state level. He stated that even though there
has been a promise of improved coordination and collaboration among the
state agencies involved in providing a range of environmental services that
fragmentation has continued with continued complaints from the public. As a
result a legislative study commission co-chaired by Senator Russell Walker
and Representative Joe Hackney has been established to recommend to the
legislature how these various services can be consolidated in a meaningful
form. Several of the proposals have been reviewed by the Health Board who
have supported two guiding principals in arriving at a solution for this
problem:
(1) Because of the scientific and objective nature of the Commission of
Health for the State of North Carolina through the Division of Health
Services that that body remain responsible for guiding environmental health
policy in the State.
(2) The personal health services and the environmental health services
not be disassociated from one another -- that the environmental health
services not be taken out from under the jurisdictions of local health
departments and placed under the responsibility of another govering body.
The Health Board did endorse the concept as contained in th~
proposal to consolidate health, environmental, protection, and natural
resources functions of state agencies into a department of health and
environment.
---- Chair Marshall stated that in discussing the reorganization the
steering committee of the Human Services Committee of the County
,commissioners Association did not accept this as a new department. They
andorsed two of the four subheadings under the Secretary and Deputy
Secretary --~ the Assistant Secretary for Health Services and the Assistant
Secretary for Environmental Protection. They questioned why some of the
things listed under the Assistant Secretary for Natural Resources and the
Assistant Secretary for Administration were there. They expressed that who
is in the regional offices and who is in control of these offices is of
importance to the local governments that work with the environmental
protection people.
Representative Joe Hackney stated that the study commission has met
seven times. He outlined the process that had been followed in obtaining
input from citizens and from other professionals in North Carolina and other
states. The lack of coordination is a most serious problem. Each
department refers to its function as carrying out the environmental laws of
North Carolina which is not the case. The concept of consolidating is the
only thing the commission has agreed to.
Senator Russell Walker stated he had some problems with the proposed
plan. He talked about the issues of competition for the budget dollar and
whether or not sanitarians should be made state employees. Information will
be forthcoming on both these issues.
-, Representative Joe Hackney stated that the administrative
organization including the regional offices, is not one that will be
addressed by this Legislative Committee.
„~
In answer to a question from Commissioner Carey, Joe Hackney stated
that from the models they have seen in other states, there is a general
consensus both in the academic and in the governmental, communities that the
consolidations has worked and that coordination is much improved.
2. Dairy Cattle valuation
Tax Assessor reported that he reviewed the method he used in pricing
dairy cows. Using the rationale that a dairy cow becomes inventory when the
cow is held for sale, the $900 value on a producing dairy cow could be
reduced by 40~ to $540 which also corresponds very closely with the salvage
value of a dairy caw when sold for beef.
In answer to a question from Commissioner Willhoit, the average
holstein is $550 going out of the herd.
Commissioner Halkiotis expressed concern with the fact that the tax
value for dairy cows increased from $350 last year to $900 this year.
He disagreed with the State classifying cattle as manufacturing units.
Kermit Lloyd explained the procedure he followed to arrive at the
$900 valuation for dairy cows.
Commissioners Hartwell and Carey endorsed Lloyd's recommendation to
lower the price of dairy cows from $900 to $540, and the price of two year
olds (not yet producing) from $450 to $300 with the effective date of
7anuary 1, 19s8.
There was a consensus of the Board that the valuation of dairy caws
could be adjusted as recommended by Kermit Lloyd .and approved by the
Administration.
Dairy. Farmer Bobby Nichols asked for information on how to list his
cows and Kerma.t Lloyd responded. Nichols stated that the dairy farmers
nk they are exempt from paying taxes on dairy cows and he proceeded with
describing his rationale for arriving at an appraised value.
It was decided that John Link would meet with Kermit Lloyd and Bobby
Nichols to further discuss the way dairy cows are evaluated.
F. ITEMS FOR DECISION--CONSENT AGENDA
Motion was made by Commissioner Carey, seconded by Commissioner Hartwell
to approve the consent agenda as stated below:
1. Budget Amendments
To amend the 1987-88 Budget Ordinance by the following amendments:
GENERAL FUND
Appropriation - Board of Commissioners $ 7,500
Source - Contingency $ 7,500
Appropriation - Data Processing $ 1,400
Source - Land Records Subscriber Fees $ 1,400
Appropriation - Emergency Services $ 33,831
Source - Transfer from County Capital Reserve $ 33,831
COUNTY CAPITAL RESERVE
Appropriation - Transfer to General Fund $ 33,831
Source - Reserve for EMS Ambulance $ 33,831
2. Approval of Final RSVP Application
To approve the RSVP final application to ACTION for the period July
1, 1988 through June 30, 1989 in the amount of $24,775 in federal funds. The
total proposed grant is $64,713 with $26,861 from Orange County, $12,277
from Chapel Hill and $800 from Carrboro.
3. Animal Control Ordinance Amendments--Second Reading
To adopt on second reading amendments to the Animal Control ..,:.,,,
Ordinance as stated below:
"Increase the civil penalty for failure to properly register any.`:
animal from $10.00 to $25.00." = ~'
"Clarify in the ordinance that the fees for animals are taxes
(privilege taxes).
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION--REGULAR AGENDA
1. Capital Request Chapel Hill-Carrboro Schools
County .Manager John Link indicated a request had been received from
the Chapel Hill-Carrboro School System to reallocate funds from previously
approved projects to go toward the Phillips and Frank Porter Graham air
conditioning projects. The School Capital Reserve Long Range Plan contains
$774,180 in the current fiscal year for the two air conditioning projects.
The low bid for these two projects totaled $1,313,875. The total amount
required to meet this low bid totaled $485,383. The School system has
requested that funds in the Long Range Plan for fiscal year 1988-89 be
shifted from the previously approved projects to the air conditioning
projects. The projects that are being proposed as deletions next year
include the media center renovation at Chapel Hill High, media center
renovations at Carrboro/Estes/Glenwood schools and kitchen renovations at
certain elementary schools.
The Manager recommends that prior to approving this request that the
Chapel Hill-Carrboro School System respond to the following inquiries in
writing:
(1) The specific reasons for low bids which total $448,697 (after
deductions) above the amount budgeted; to include
architect/engineer explanations.
(2) The pros and cons of rebidding the projects.
(3) The impact that the deleted projects will have on the proposed
five year CIP and the school systems ten year capital needs
plan.
The response to these questions is included in the permanent agenda
'ile.
Superintendent Gerry House explained that the low bid is over the
estimated cost because the original estimate of $774,180 was done about four
years ago and also that the requirement of doing the project during the time
that students are not in school requires a lot of overtime.
Commissioner Halkiotis questioned the amount of overtime that would
be paid to get the project done while the students are not in school.
Engineer Tom Hall stated that $ 50,000 to $100,000 will be paid in overtime
and/or for additional personnel. He further explained some of the problems
encountered with the project and the design that caused the bid to be higher
than expected.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Hartwell to approve the request for $485,383 which will come from the funds
in the Long Range Plan for fiscal year 1988-89 as described above by John
Link.
VOTE: UNANIMOUS.
2. Septic Tanks Nitrification Field-- Delineation on Preliminary/Final
Subdivision Plats
Motion was made by Commissioner Willhoit, seconded by Commissioner
Carey that further assessment of the costs involved in a policy which
requires delineation of primary and back-up nitrification fields on
subdivision plats be undertaken and that until further assessment of the
costs required for such a policy is determined, the administration
_recommends that delineation of primary and back-up nitrification fields on
subdivision plats not be required.
DOTE: UNANIMOUS.
3. James Mark Vine Subdivision--Preliminary Plan
Planning Director Marvin Collins presented for consideration of
approval the preliminary plan for the subdivision of the James Mark Vine
property. The property is located in Chapel Hill Township on the south side
of Cheyenne Drive west of NC Highway 86. The tract is part of Acres of New
Hope Subdivision. Zt is zoned Rural Buffer/Major Transportation Corridor
and designated as Rural Residential on the Joint Planning Area Land Use
Plan. Two lots are proposed out of 4.40 acres. The Planning Soard and the
Administration recommends approval with two conditions.
A brief discussion ensued on the equity. issue of private versus
public roads and what the designation of a public road which has not been
accepted by anyone for maintenance really means.
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Carey to approve the James Mark Vine Subdivision with two conditions:
(1) Submit payment-in-lieu of dedication of recreation/open space
in the amount of $447.
(2) Upgrade Cheyenne Drive to meet NCDOT specifications for unpaved
roads and petition the State for acceptance of Cheyenne Drive
into its maintenance system.
VOTE: UNANIMOUS.
4. Albert Reaves Estate--Preliminary Plan
Marvin Collins presented for consideration of approval the pre-
liminary Plan for the Albert Reaves Estate Subdivision. The property is
located in Chapel Hill Township on Neville Road (SR ].945). Eight lots are
proposed out of 31.86 acres. The property is zoned Rural Buffer with a
Protected Watershed (PW-II) overlay. It is located in the University Lake
Watershed and is designated Rural Residential and Resource Conservation in
the Joint Planning Area Land Use Plan. The Planning Board and the Adminis-
tration recommends approval with two conditions.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to approve the Albert Reaves Estate Preliminary Plan with two,_,.,,
conditions:
(1) Submission of payment-in-lieu of dedication of recreation/open:.;;
space in the amount of $759.00 prior to final plat approval.
(2) Indicate on the preliminary plan primary and secondary tree
protection zones-for existing vegetation.
VOTE: UNANIMOUS.
5. Wildwood Subdivision--=Building Permit Moratorium
Motion was made by Commissioner Willhoit, seconded by Commissioner
Carey to lift the moratorium on issuing building permits and certificates of
occupancy in the approved sections of the Wildwood Subdivision.
VOTE: UNANIMOUS.
6. Public Hearing Advertisements: 1.) Joint Planning Area, 2) Orange
County (A copy of the advertisement is in the permanent agenda file in
the Clerk's Office)
Motion was made by Chair Marshall, seconded by Commissioner Carey to
approve the notices of Public Hearing for April 13, 1988. ~-
VOTE: UNANIMOUS.
ADDED ITEM
DISCUSSION ON THE GREENWAYS PORTION OF THE MASTER PARKS AND RECREATION
PLAN
Commissioners Willhoit and Carey expressed concern for the impact
that leaving the greenways in the plan may have on the entire Capital
Improvement Plan.
County Manager John Link reported that the administration had met
and that the greenways should be deleted and recommended that a public
hearing be held on the other elements of the Plan either on April 4 or April
19.
Motion was made by Commissioner Carey, seconded by Commissioner
Willhoit to approve the County Manager's recommendation to delete greenways
as an element of the Master Recreation and Park Plan.
VOTE: UNANIMOUS.
H. APPOINTMENTS
The following appointments were approved by the Board of
commissioners:
Tntersovernmental Board -Shirley E. Marshall and Moses Carey.
A-5 Economic Develo ment Commission - Lindsey Efland and
Steve Cruise.
A-13 Recreation and Parks Advisor Council -Reappointment of
Dwight Compton, Virginia Boland. and James Dingfelder.
..,
B--6 Health and Medical Care Advisor Board - Commissioner
Carey will talk with the Health Director about using this group
as a subcommittee. of the Health Board.
B-7 Human Services Adviso Commission -Wayne Kuncl as the
CH/Carrboro United Way representative.
B-1~ Arts Commission - Reappointment of Roland Buchanan,
Gerald Eidenier and Edgar Marston.
~~
B-25 Citizens Advisor Grou - Patricia Adelle, Sue Baker,
Grainger Barrett, Donald Bergstrom, Billie Jean Cox, Steve
Cruise, Mark Evans, Theodore Parrish, Vern Miller, Mary Reeb,
Jim Singleton, David Spence, Richard H. Swank, E. Van Stee,
Robert Bateman, Leon Fink, Marcella Groom, Dennis Hils, Shannon
Julian, Max Kennedy, Lou Ann Smyth, Martha Walker, Howard
Fried, William Mainous, Evelyn Poole-Kober, Elsie Pickett and
Ron Hyatt.
B-27 Human Services Trans ortation Board -James E. Boudwin and
Nancy S. Tapp.
C-6 Hillsborough_ Planning..Board - reappointment of James
Culbreth.
I. ADJOURNMENT
With no further items to be considered, Chair Shirley E. Marshall
adjourned the meeting. The next regular meeting will be held on April 4,
1988 at 7:30 p.m. in the courtroom of the old Courthouse, Hillsborough,
North Carolina.
Shirley E. Marshall, Chair
Beverly A. Blythe, Clerk