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HomeMy WebLinkAboutMinutes - 19881205 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 5, 1988 The Orange County Board of Commissioners met in regular session on December 5, 1988 at 7:30 in the courtroom of the Old Orange County Gourthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Acting Chair Moses Carey, Jr., and Commissioners Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Recreation and Parks Director Mary Anne B1ack,'Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Planner Emily Crudup, Community and .Housing Director Tara Fikes, Purchasing Director Pam Jones, Tax Assessor Kermit Lloyd, Finance Director Ellen Liston, MPA Intern Beth McIver, Public Works Director Wilbert McAdoo, Land Records Manager Roscoe Reeve, and County Engineer Paul Thames. A. BOARD AND k1ANAGER COMMENTS Commissioner Halkiotis commented about the biodegradable bags being used by Harris Teeter and commended them for using these bags. Both Food .Lion and Byrds use paper bags. Commissioner Hartwell moved item F4 from the Consent Agenda to item G0. Commissioner Willhoit made comments about the tax exempt status as discussed by the NACo Finance Committee. County Manager John Link introduced the Board to County Engineer Paul Thames. B. PUBLIG GOMMENTS None G. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the Special Public Hearing minutes far October 10, 1988 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to approve the minutes for November 1, 1988 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the minutes for November 15, 19$8 as circulated. VOTE: UNANIMOUS. PUBLTC CHARGE Moses Garet', Jr. read the public charge. r y OATHS OF OFFICE FOR BOARD MEMBERS Assistant Clerk of Courts Ginger Haithcock administered the oath of office to Commissioners Moses Carey, Jr, and Don Willhoit. The signed oaths are on file in the County Clerk's Office and in the permanent agenda file in the Commissioners' Office. BOARD ORGANIZATION 1 ELECTION OF CHAIR AND VICE-CHAIR Ballots were distributed by the Clerk to the Board. Moses Carey, Jr, was elected Chair and Stephen Halkiotis was elected Vice-Chair. 2. DESIGNATTON OF VOTING DELEGATE FOR NCACC AND NACo MEETINGS Nomination was made by Commissioner Halkiotis, seconded by Chair Carey to designate Don Willhoit as the voting delegate for all NCACC and NACo meetings for the year beginning December 1, 198$. VOTE: UNANIMOUS. APPOINTMENTS 1. MANAGER Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to appoint John M. Link, Jr. as County Manager. VOTE: UNANIMOUS. 2. CLERK TO THE BOARD Motion was made. by Commissioner Hartwell, seconded by Commissioner Halkiotis to appoint Beverly A. Blythe as Clerk to the Board. VOTE: UNANIMOUS. 3. COUNTY ATTORNEY Motion was made by.Commissioner Willhoit, seconded by Commissioner Marshall to appoint the firm of Goleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave as the legal representative for the County. VOTE: UNANIMOUS. 4. BOARD MEMBER APPOINTMENTS Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Board member appa.intments as listed below: OPC Mental Health Board - Stephen Halkiotis Recreation and Parks - Stephen Halkiotis Social Services Board - Jahn Hartwell Triangle J COG - Delegate - Jahn Hartwell Triangle J COG - Alternate - Shirley Marshall HSAC - Shirley Marshall Health Board - Shirley Marshall Advisory Board on Aging - John Hartwell Emergency Response Planning Gommittee - Don Willhoit Rural Character Study Committee - Stephen Halkiotis JOCCA - Don Willhoit Agricultural/Livestock Market Committee - Stephen Halkiotis Joint Orange/Chatham County Committee - John Hartwell and Don Willhoit VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. FLAT-RATE EXTENDED AREA :;'y' ; Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to adopt a resolution in support of flat-rate extended area service as requested by TJCOC and as stated below and to send copies as directed in the abstract: WHEREAS, the continuing growth of the Research Triangle Area has created a mare interactive and economically interdependent geographic area, and, WHEREAS, communications is an essential tool for business growth and personal use, and, WHEREAS, the existing telephones are operating in a fashion that does not facilitate integrated growth in the Research Triangle Area, and, WHEREAS, the Region's competitive edge in attracting industry to a high technology market is dependent on the quality and accessibility of the telecommunications infrastructure, NOW, THEREFORE BE IT RESOLVED, the Orange County Board of Commissioners ,supports the implementation of flat-rate Extended Area Service for Durham, Orange, and Wake Counties including the Clayton and Pittsboro exchanges. VOTE: UNANIMOUS. E. REPORTS 1. REGIONAL TRANSIT PROPOSAL (A copy of the draft report on the possibilities of a Regional Transportation Authority is in the permanent agenda file in the Clerk's Office) . Mr. Patrick B. Simmons, Assistant Director of the State Public Transportation Division summarized the report. His main emphasis was an receiving recommendations for the creation of a regional public transit authority. The Issues Paper lists the - issues surrounding the formation and financing of this authority. He used transparencies to exemplify his comments on the forming of this authority. He outlined the goals, functions, financing and governing of the authority as listed in the Issue ' Paper and described the options available for each of these items. He described three models from which this Regional Transportation Authority could be formed and the advantages and disadvantages of each. Commissianer Marshall spoke opposing the use of ad valorem taxes to finance a public transit system. She stressed that how the system is financed is critically important to the overall acceptance and use by the citizenry. Commissioner Hartwell questioned why ad valorem taxes was listed as a financing option when the County is not going to finance a system using ad valorem taxes. He was told that in principle ad valorem taxes is an option. Commissioner Hartwell stated that listing ad valorem taxes will bring out the opposition for essentially no point. He emphasized that people are not going to use the system if they don't have t$e flexibility to stop at several places along the way to da errands or pick up kids. Simmons agreed with Hartwell. Commissioner Marshall asked if there had been any plans or thoughts about moving people around in the Research Triangle Park and Simmons stated that this would be one thing that the Regional Transportation Authority would manage. Two studies are underway at this time on this problem. Simmons noted that a report will be written on the consensus in this area and it will be presented to the TAC's for their input and resolution of support. It will be brought back to the Soard of Commissioners in early Spring for a final presentation to solicit support, endorsement, and help with introducing legislation in this session of the General Assembly. 2. SOLID WASTE MANAGEMENT FEASIBILITY STUDY (A copy of the report is in the Commissioners' Library). _..~ Commissioner Don Willhoit summarized the report. He noted that the consultants favor mass burning. The report gives information on various ways to finance mass burning. A number of additional meetings and public hearings will be held before final recommendations are made. Commissioner Halkiotis asked for an update on what the County is doing to promote recycling inhouse and what other municipalities and the University is doing. He asked that County employees set a proper role model for others to follow. Discussion ensued on the landfill fees and the equipment that may be necessary to reduce that amount which goes into the landfill. F. ITEMS FOR DECISION T CONSENT AGENDA (Any item may be removed for separate consideration) Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as listed below: 1. CONVALESCENT TRANSPORT CONTRACT To approve and authorize the Chair to sign a Convalescent Transport Contract with Durham County Hospital Corporation to provide convalescent transports for Orange County residents from 5:30 p.m, until 11:00 p.m. Monday through Friday and 7:00 a.m. until 11:00 p.m. on Saturday and .Sunday effective December 5, 1988 with no expiration date specified. 2. TAX REFUNDS To approve the following refund of tax bills: Acct. # 111769 - Jose M. & Maria Teixeira - $171.60 Acct. # 56815 -Michael Schur - $350.92 Acct. # 8700734- Kevin J. Chapman - $316.25 3. HOME IMPROVEMENT LOAN FROGRAM Ta authorize the execution of the Forward Commitment Purchase and Financing Agreement for the Home Improvement Loan Program (HILP) and authorize the Chair to sign on behalf of the Board. 4. CDBG CITIZEN PARTICIPATION PLAN Removed from the Consent Agenda and placed as item G.O. 5. BUDGET ORDINANCE AMENDMENT To amend the 1988-89 Budget Ordinance to provide for an expenditure of $19,400 from the General Fund Contingency account for the purpose of contracting with David M. Griffith and Associates to undertake a user fee study. 6. CAPITAL PROJECT ORDINANCE To adopt the Fublic Works Administrative Building Capita]. Project Ordinance as stated below: PUBLIC WORKS ADMINISTRATIVE BUILDING CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereby adopted: SECTION 1. The project authorized is the construction of the Administration Building at the Public Works Facility. The project will be financed by ti.J ~,:~ an appropriation from the County capital Reserve Fund and from the Tax and Records Renovation Project Fund. SECTION 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. SECTION 3, The following revenue is anticipated to complete the project: Public Works Facility Capital Fund $130,000 Transfer from Tax and Records Renovation Project Fund 12,000 $142,000 SECTION 4, The following amount is appropriated for the project: Professional Services $ 17,000 Construction 125,000 ~J.4L , UUU SECTION 5. This ordinance supersedes all previous Public Works Facility capital project ordinances. SEGTTON 6, This ordinance shall be in effect from the date of adoption until - - February 1, 1990. 7. EXAMINATION OF OFFICIAL BONDS To approve the bonds as listed below: Sheriff $ 25,000 Register of Deeds 25,000 Finance Director 30,000 Tax Collector 250,000 All County Employees 250,000 $. MEETING SCHEDULE FOR CALENDAR YEAR 1989 (A copy is in the permanent agenda file and is posted in the Courthouse and the Court Street Annex) To approve the Meeting Schedule for the Board of Commissioners for calendar year 1989 as presented, VOTE: UNANIMOUS. G. ITEMS FOR DECISION ~ REGULAR AGENDA 0. CDBG CITIZEN PARTICIPATION PLAN (A copy of the Plan is in the permanent agenda file in the Clerk's Office) Tara Fikes explained that as a recipient of CDBG funds, a written plan must be in place that provides for citizen participation throughout the life of the grant. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the Citizen Participation Plan and authorize the Chair to sign the Certification on behalf of the Board, VOTE: UNANIMOUS, 1. CAPITAL IMPROVEMENT PLAN FOR 1989 TO 1994 (A copy of the CIP is in the Commissioners' Library) John Link thanked all those involved with the development of the CIP. He used overhead slides to present information about the CIP plan. He stated that the document will be a crucial document in the bond rating process the County will be going through the next few months. Only the projects with an identifiable funding source are included in the CIP. There is a special section in the document listing those projects not funded. He noted that 74% or 35.4 million dollars of the total of 48.1 million dollars will go toward education. Nineteen percent will go for public buildings and 2% for public safety, public works and land acquisition for the reservoir and 1% for recreation. Link continued showing each project, its cost, and when it is slated for construction. He indicated that the proposal for the allocation of the pay-as-you-go funds is based on the number of students in each system using a 10 day enrollment figures that were generated at the beginning of each school year certified by the State. Each system will receive the amount of pay-as-you-go funds that directly relates to the number of students served. This guarantees that each child has the same opportunity to benefit from the County funding sources. It will be easier to administer and allows for flexibility of emerging needs. Also, flexibility can be added by using any additional pay-as-you-go appropriations to address emerging needs of both systems with no predesignated allocation to either system. If the expressed need approach is used, the County would need to be assured that each system compares their expressed needs along the same guidelines using the same standards. It would also involve some qualitative decision making in trying to judge the most critical needs. John Link recommended that appropriating pay-as-you-go fund on a perpupil basis for both school systems be placed on a two year cycle and reviewed every two years. He feels there will be money available to take care of emerging needs for each system over the next two year period. In summation, Chapel Hill-Carrboro School System will receive over the next five years 20 million and the Orange County System will receive 15.4 million of the bond issue and pay-as-you-go monies. The Capital Improvement Plan will be updated annually and the priorities adjusted as necessary. Richard Ward, Chair of the Recreation and Parks Advisory Council asked about the ultimate funding for building the swimming pools. Commissioner Marshall stated that she did not feel that one percent is anyways near enough money to be going to recreation. Chair Carey asked that the County Manager make a recommendation on what can be done short term as well as what can be done on the long term basis for funding swimming pools. 2. RESOURCE CONSERVATION AND DEVELOPMENT BROCHURE Pearson Stewart, the County's representative on the seven county Resource Conservation and Development District Board, explained the project. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the appropriation of $500 from the Commissioners Contingency Fund to help fund the cost of an educational brochure which will illustrate the potential of Resource Conservation and Development. VOTE: UNANIMOUS. 3. REQUEST FROM OWASA ON JORDAN LAKE ALLOCATIONS After a brief discussion by the Board, no action was taken on the resolution. It was decided that based on current knowledge of the needs of each of the affected jurisdictions and water suppliers that the current proposed Phase I and Phase II allocations are sufficient to meet current needs. Chair Carey will write a letter to OWASA's Board Chair expressing these comments. PUBLIC HEARING DATE Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to set a public hearing for 7:30, January 9, 1989 in Superior Courtroom for the purpose of receiving public input on the proposed CIP and the Solid Waste Report. VOTE: UNANIMOUS. 4. SUBDIVISION OF LOT 101 OF MARGARET YOST Planner Emily Crudup presented for consideration of approval the preliminary plan for the Subdivision of Lot 101 of the Margaret Yost Property. The property is located in Eno Township off Piney Grove Church Road, south of U.S. 70 and adjacent to Interstate 85. It is zoned Residential-1 and Major Transportation Corridor. Four (4) new lots are proposed out of 10.01 acres. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the preliminary plan as recommended by the Planning Board and Administration with the following conditions.: (1) On the final plat, eliminate the curve radius on the right-of-way of Justa Road and indicate a right angle intersection with the cul-de-sac. (2) Provide a new road name for the cul-de-sac and revise the existing Road Maintenance agreement to include the new road name and ensure that the cul--de-sac will be maintained to Class B standards. (3) Dedicate to public use the portion of Justa Road from SR 1711 to the beginning of the stubout and upgrade that portion to NCDOT standards for public roads. (4) Dedicate to public use (Orange County) the Justa Road right-of-way for the stubout. On the final plat, label the stubout as "dedicated to public use." (5) The Board of County Commissioners should accept the dedication of the right-of-way with the approval of the preliminary plan. (6) Submit Restrictive Covenants and a revised Road Maintenance Agreement to the County Attorney for review and approval. Include in the covenants a prohibition on further subdivision of the four lots shown on the preliminary plan. (7) Pave Justa Road and install required landscaping or submit a letter of credit, bond, or escrow agreement for these improvements with application for final plat approval. (8) Restrict access of the four (4) lots to the cul-de-sac. VOTE: UNANIMOUS. 5. OAK HILL ACRES-PHASE II Planner Emily Crudup presented for consideration of approval the preliminary plan for Oak Hill Acres Phase II. The property is located in Little River Township on Bacon Road. Three lots are proposed with an average lot size of 5.85 acres. The property is not zoned and is designated Agricultural Residential in the Land Use Plan. Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the preliminary plan for Oak Hill Acres - Phase II as recommended by the Planning Board without conditions. VOTE: UNANIMOUS. 6. ENGINEERING SERVICES HAZEN AND SAWYER - ANALYSIS OF TOPOGRAPHIC MAPS County Manager John Link presented for consideration of approval a proposal from Hazen and Sawyer to analyze the completed topographic maps for the Seven Mile Creek and McGowan Creek reservoir sites and refine their previous assessment of each site based on the new mapping information. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the proposed scope of services as outlined in the proposal from Hazen and Sawyer for a lump sum fee of $4900. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were approved by the Board: ARTS COMMISSION-Edna Hall Gambling LOCAL EMERGENCY PLANNING COMMITTEE - James F. Buffaloe, Tony Laws and Gary Shaver NATIONAL ORGANIZATION ON DISABILITY - Paul Leung I. ADJOURNMENT With no further items to be considered by the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on December 20, 1988 at 7:30 in the courtroom of the old Post Office, Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk