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HomeMy WebLinkAboutMinutes - 19961119APPROVED 1212196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 19, 1996 The Orange County Board of Commissioners met in regular session on Tuesday, November 19, 1996 at 7:30 p.m. at the OWASA Community Meeting Room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., Vice-Chair Stephen H. Halkiotis and Commissioners William L. Crowther, Alice M. Gordon and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, and Clerk to the Board Beverly A. Blythe (all other staff will be identified as appropriate) 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey added to the agenda a proclamation to proclaim December 8, 1996 as Rev. John R. Manley day in Orange County. 2. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who have indicated a desire to speak on an item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Don Belk, the events coordinator for the Carolina Tarwheels Bicycle Club, gave a report on the bicycle tour that was held on August 10, 1996. Over 300 bicyclists from across the state participated in this rural heritage tour. The event was sponsored by a $1,000 grant from the Tourism Board. The event was so successful that they returned this grant. Far beyond this grant were the wonderful impressions and delightful experiences that were shared by the bicyclists as they witnessed the beauty of rural Orange. He noted that bicycling is important to the County's economy. There are three bicycle shops in the County. Bicycling is a very important factor in County tourism and has a lot of potential. Speaking on behalf of the Carolina Tarwheels, he thanked the County Commissioners for their efforts in bicycle planning and for their continued support for the County's mapping and signage project which is in the Transportation Improvement Plan slated for completion in 1998 . The second annual bicycle tour will take place on August 9, 1997. Lori Shapiro, Program Director, presented tee-shirts to the County Commissioners and others. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Gordon made reference to the 14 year old boy who voted in Durham County in the last election. This situation was possible because no documentation is required when citizens register to vote. She asked staff to make suggestions on what needs to be done with election requirements at the state or local level to be sure that in the future only properly registered citizens vote, and also on what role the Commissioners might play in facilitating change. John Link agreed to bring suggestions to the Board at a later date. Commissioner Halkiotis said that the manager will be receiving a letter from the manager in Chapel Hill about the need for a pistol range so that law enforcement officers can meet their yearly requirements. He also read that the Orange County law enforcement officers are going to Alamance County to meet their annual requirements. He recalls that there was a proposal in the rural education center for a firing range. He emphasized that this is a need for this County and suggested looking for a facility to help all law enforcement people in this County. Commissioner Halkiotis also commented that he was glad the 14 year old did not vote in Orange County, however, the boy should not be prosecuted but instead be congratulated for figuring out how to work the system. 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONSIPROCLAMATIONS A PROCLAMATION FOR REV. JOHN R. MANLEY DAY A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to proclaim December 8, 1996 as Rev. John R. Manley Day as stated in the proclamation below: PROCLAMATION REV. JOHN R. MANLEY DAY WHEREAS, Sunday, December 8, 1996 is being designated as "Rev. John R. Manley Day" in Orange County, North Carolina; and WHEREAS, Rev. John R. Manley, pastor of Hickory Grove Baptist Church in Chapel Hill, Orange County, North Carolina, has been a strong advocate for the needs of the people in Orange County for over fifty years; and WHEREAS, Rev. Manley, who has served as the pastor of Hickory Grove Baptist Church for over 46 years, is retie ig from this pastorate in December 1996; and WHEREAS, Rev. Manley's dedication and commitment to Hickory Grove Baptist Church extended beyond the walls of the church into multiple activities that have greatly benefited the multitudes of people in Orange County, North Carolina, and the USA; and WHEREAS, Rev. Manley was the first African-American elected to the Chapel Hill- Carrboro City School Board and held membership on many Boards, Committees, Commissions, and organizations in Orange County and North Carolina; and WHEREAS, Rev. Manley has been President of the local NAACP, former President of the Ministerial Alliance of Chapel Hill/ Carrboro; recording secretary of the General Baptist State Convention of North Carolina; President of the State Convention of North Carolina; President of the General Baptist State Chairman of the Chapel Hill-Carrboro Anti-Poverty Program; of the New Hope Association; and WHEREAS, Rev. Manley has helped provide advice on many state boards and commissions including: vice chairman of the Governor's Council on Sickle Cell Syndrome; member of the Employment Security Commission North Carolina; member of Governor James Hunt's Health Care and Convention; former moderator of Committee; WHEREAS, Rev. Manley continues to give his time and talent to the continued growth and progress of Orange County and its surrounding communities; NOW, THEREFORE, I, Moses Carey, Jr., Chair of the Orange County Board of Commissioners do hereby proclaim Sunday, December 8, 1996 to be REV. JOHN R. MANLEY DAY in Orange County and urge citizens to join in honoring Rev. Manley and his many contributions, and to participate in the many activities that are planned on Sunday, December 8, 1996 in his honor. This the 19th day of November, 1996. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS A. SOUTHERN VILLAGE ELEMENTARY SCHOOL FINANCING AND LAND ACQUISITION The Board of Commissioners previously established the November 19 regular meeting as the time and place to conduct a dual-purpose public hearing related to the new Southern Village Elementary School. The first public hearing, required by North Carolina statute, concerns the proposed installment purchase financing agreement that will provide the funding for construction of the school. The second required public hearing concerns the acquisition of the school site by Orange County from the Chapel Hill- Carrboro City Schools. On November 7, 1996, the Chapel Hill-Carrboro Board of Education approved a resolution requesting that the Orange County Board of Commissioners acquire title to the school site. John Link introduced Bob Jessup as the bond counsel for this project. Rod Visser presented the results of the bid proposal for the financing of this elementary school. He recommends that the Board approve the finance agreement with BB&T who have offered the financing the County needs for the $14 million elementary school at 4.92% which he feels is an excellent rate and which will result in a savings over the 15-year period of $3.4 or $3.5 million. He highlighted the advantages of going with BB&T as stated in the information distributed to the Board this evening. Commissioner Gordon commended the staff for obtaining such a favorable interest rate but expressed concern about having to act on this proposal tonight since she just received this information and has not had time to read through the material. Geoffrey Gledhill indicated that the Board will have another opportunity to review this information when the formal agreement is brought back for their approval. The Public Hearing was open for citizen comments. There were no comments from citizens. Commissioner Gordon made reference to the acquisition of the school site and noted that these six acres are in the drinking water watershed. She would like to know what site considerations the school system plans to use to comply with watershed protection. She also wants to know if the access is adequate for buses or if there is going to be a separate entrance later. In general, she would like to know the costs associated with developing this site and asked that the information be given to the Board by the school system. Chair Carey declared the public hearing closed. A motion was made by Commissioner Wilihoit, seconded by Commissioner Halkiotis to approve the resolution as stated below: RESOLUTION APPROVING, IN PRINCIPLE, A FINANCING PLAN FOR SOUTHERN VILLAGE ELEMENTARY SCHOOL, AND ACCEPTING TITLE TO THE PROPOSED SCHOOL SITE WHEREAS: The Board of Commissioners of Orange County, North Carolina, in collaboration with the school boards for the two school administrative units in the County, has previously determined to proceed with a plan for capital improvements for schools in the County, including the acquisition and construction of the planned new Southern Village Elementary School (the "New School") There has been described to the County's Board of Commissioners a plan for the installment financing of the New School pursuant to agreements to be entered into with, among others, BB&T, (the "Bank"). BE IT RESOLVED by the Orange County Board of Commissioners: 1. The County hereby determines to undertake an installment financing of the New School with the Bank. The County's officers are hereby authorized and directed to proceed with the preparation of appropriate documents and to take all such further action as they may consider necessary or desirable in connection with carrying out the proposed plan of financing. This approval is subject to the Board's subsequent further approval of financing terms, conditions and documents. 2. The County hereby determines to accept a deed to the real property upon which the New School is to be constructed. The County Manager is hereby authorized to accept a deed to such property on the County's behalf. The deed shall be in such form as the County Manager, in consultation with the County Attorney, shall deem appropriate. 3. All other actions of County officers in conformity with the purposes and intents of this resolution are hereby ratified, approved and confirmed. All other resolutions or parts thereof in conflict herewith, to the extent of such conflict, are hereby repealed. This resolution shall take effect immediately. VOTE: UNANIMOUS 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve those items as listed below: A. APPOINTMENTS Private Industry Council - Cleon Currie was appointed to an unexpired term ending 6134198. Nursing Home Community Advisory Commission - Robert Roth was appointed for a term ending 11/19197. B. MINUTES The Board approved the minutes for May 14, June 26 and October 14, 1996. C. FEMA RESOLUTION DESIGNATION OF APPLICANT'S AGENT The Board approved and authorized the Chair to sign the resolution as stated below: DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY the Board of County Commissioners of The County of Orange, North Carolina, THAT, Kenneth T. Chavious, Finance Director, is hereby authorized to execute for and in behalf of Orange County Government, a public entity established under the laws of the State of North Carolina, an application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT, Orange County Government, a public entity established under the laws of the State of North Carolina, hereby authorizes its agent to provide to the State and Federal emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance assurances and agreements as stated in the application. D. PERSONNEL ORDINANCE REVISION - PETTY LEAVE The Board approved amending the Orange County Personnel Ordinance, Article IV, Section 10.0 Petty Leave to clarify coverage and permit more than two hours of earned, unused Petty Leave to be used for necessary absence in periods of hazardous weather as presented in the agenda. E. PETITION FOR ADDITION - PROPHET DRIVE, JOSHUA DRIVE AND CALEB COURT The Board approved a petition from the North Carolina Department of Transportation to add Prophet Drive, Joshua Drive and Caleb Court in Eno Township to the State-maintained Secondary Road System. F. PRELIMINARY PLAT - LAMESA PHASE III The Board approved the Preliminary Plan for La Mesa, Phase II as per the Planning Board recommendation and the resolution attached to the agenda. The Property is located in the northeast corner of the county south of Bacon road between North Carolina Highway 57 and the Person County Line. The total acreage of Phase III is approximately 23 acres. Fourteen (14) new residential lots are proposed in this phase. Lot sizes are between 0.98 and 2.67 acres. Each lot will have an individual well and septic system. G. LEASE WITH BUILDERS' SUPPLY AND LUMBER COMPANY, INC. The Board approved and authorized the Chair to sign a lease agreement between Orange County and Builders' Supply and Lumber Company, Inc. for the property now occupied by Georgia-Pacific on Valley Forge Road in Hillsborough commencing October 1, 1997 and approved the resolution as stated below: RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND BUILDERS' SUPPLY AND LUMBER COMPANY, INC., FOR THE BUILDING AND PROPERTY AT 401 VALLEY FORGE ROAD, HILLSBOROUGH WHEREAS, pursuant to and in satisfaction of the requirements of Section 158-7.1 of the General Statutes of North Carolina, the Board of Commissioners, following a public hearing, has determined that if it leases the building and property located at 401 Valley Forge Road to Builders' Supply & Lumber Company, Inc. per the Lease that is an exhibit to this Resolution, the consideration to Orange County will be equal to or greater than the value of the leasehold interest to be conveyed by Orange County, and more specifically that: the value of the lease payments made to Orange County, together with the value of the real property, equipment, and sales taxes paid to Orange County as the result of the Lease, will be equal to or greater than the fair market value of the interest conveyed, as determined by a market survey of similar facilities in this area; and WHEREAS, pursuant to and in further satisfaction of Section 158-7.1 of the General Statutes, the Board of Commissioners hereby determines that the leasing of this property to Builders' Supply & Lumber Company, Inc. will stimulate the local economy, promote business, and result in the creation of a substantial number of jobs in the County at or above the "median average" wage in Orange County. The median average wage projected to be paid by Builders' Supply at this facility exceeds the median average wage paid by all insured private industries in Orange County, according to the latest available data of the employment Security Commission of North Carolina. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange, North Carolina: 1. that it hereby approves the Lease Agreement in substantially the form as the Exhibit to this resolution; 2. Officers and employees of the County are authorized and directed (without limitation except as may be expressly set forth herein) to make such changes to the Lease Agreement, to take such other actions and to execute and deliver such other documents, certificates, undertakings, agreements or other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the lease transaction contemplated by the Lease Agreement. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA A. UNIVERSITY MANOR PHASE II - PRELIMINARY PLAN This item was discussed at the November 4, 1996 regular meeting of the County Commissioners. Additional information on several issues was requested. Planner Mary Willis summarized the concerns as expressed by the County Commissioners and the staff response to these concerns. This information is in the agenda on pages eight and nine. In answer to a question from Commissioner Willhoit, Mary Willis said that there will be easements available if need be for public water. Mr. Mitchell, the engineer for the project, said that phase I will have a 10,000 water tank that will feed the well sites and as phases are added, they will build additional tanks. Mr. David Rooks, attorney for the developer, said that with respect to the community water system that the water system is interconnected. Also, the utility company does not own the well site. they have an arrangement with the Homeowners Assoc. whereby the operator will be able to drill new well sites if that becomes necessary. In answer to a question about dedication of the entire 30 acres, Mr. Rooks said that since future phases have not yet been approved, it would be premature to go ahead and dedicate the full 30 acres at one time. There may be another way an agreement can be worked out to lease to the County that portion of this 30 acres that will be dedicated in future phases. Patrick Mulkey made reference to the Master Parks and Recreation Plan and referred to one of the charts which talks about a University Station park. It states that this site could include ballfields, shelters, restrooms, community center, play areas, etc. He does not feel that the community center will be feasible. He has walked the property. He made reference to the railroad tracks and suggests that maybe the railroad could put a fence up along this site. The land acquisition for a 30 acre park is $300,000 and the county has an opportunity to get this at virtually nothing. He accepts that this will be piecemeal and feels that is okay. He feels this is a golden opportunity to implement part of the Parks and Recreation Plan. Commissioner Gordon asked if the County Engineer Paul Thames looked at this site to ascertain if there would be obvious problems with this development with respect to water and sewer. Mary Willis said that he reviewed this and feels everything is okay with the community system. He noted that to convert the system from private to public would involve some improvements but no problem. Commissioner Gordon said that it is her understanding that if anything goes wrong, the residents will pay for whatever needs to be done to provide water or sewer, and asked for confirmation. The Staff and Commissioners agreed. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the Preliminary Plan for University Manor Phase II in accordance with the resolution of approval as contained in the agenda. VOTE: UNANIMOUS B. LONG RANGE SCHOOL CAPITAL FUNDING John Link presented for Board consideration of approval, a revised capital funding policy for school and County capital projects and asked the Board to endorse a conceptual framework for the formation and activities of a Capital Needs Advisory Committee. Budget Director Sally Kost summarized the major change in the policy. The Board policy for recurring capital has been $750,000 for several years. This new policy will replace the $750,000 with the equivalent of three cents on the general fund property tax rate. The second change is that the current policy earmarks 80% of the first half-cent sales tax and 60% of the second half-cent for school projects with the balance going for County. With the new funding plan all half cent sales tax monies would continue but it would not be earmarked but is part of the revenues less the debt and that is the money that is appropriated. The third major area is that the current policy says that capital projects for schools will be $50,000 or more. Over the years this has not been adhered to because of the ways some of the projects have been combined for one facility. This has been eliminated from the proposed policy. The last change is that the current policy references a 5-year Cl P and the County now has a 10-year CIP so this has been changed to reflect the 10-year CI P. Sally Kost confirmed that this is the same as Option 5b discussed in previous meetings. Commissioner Gordon asked that the definition for capital projects be included and that the Capital Improvements Policy be changed from 5 years to 10 years. This would change #10 to read "shall adopt a ten year Capital Improvements Program. The Ten-year Program shall include anticipated county capital expenditures costing $(amount to be brought back at the next meeting) or more and anticipated school capital expenditures costing $(amount to be brought back at the next meeting) or more, as well as available financing sources. The first ....." In answer to a question from Commissioner Willhoit about automation projects in Human Services, John Link explained that this was an amount of money set aside for not-for-profit agencies. For the record, Commissioner Halkiotis emphasized that he will be opposed to this policy if the County ends up asking for a tax increase. He will be opposed if there is a 4.5 million dollar surplus going to one school system. He has a concern that there are issues and needs in county government that need to be addressed which are not being addressed. He made specific reference to the parking lot at the Whitted building. He feels very strongly that the County needs to look at their needs at their facilities. He supports providing the same level of comfort to County employees and citizens that visit the County buildings. He mentioned the restrooms, the lighting and the parking lots. He feels that more needs to be done for County government people. Commissioner Crowther asked about item F "School/Parks/Recreation" and if this intent has any money behind it -- either in the schools allocation or in the bond. John Link said that this question, as well as the comments made by Commissioner Halkiotis, are ones that the County Commissioners need to discuss and provide direction to the staff. He noted that the work group of the managers and recreation and parks directors will include specific language that has both the County Commissioners and the school boards look at how the recreation needs and the school needs are examined prior to the County Commissioners approving the school site. Commissioner Gordon made reference to the Capital Needs Advisory Committee and asked if the three appointees from the school system could include school personnel and John Link said that they certainly can. Commissioner Gordon feels that a charge or some kind of direction is needed for this Committee. John Link will bring the charge back to the next meeting. Commissioner Gordon made a motion to table this item so that the school systems can review the policy and so that the suggestions above can be included in the policy. This motion was seconded by Commissioner Halkiotis. VOTE: UNANIMOUS C. ORANGE COUNTY PUBLIC LIBRARY - CARRBORO BRANCH A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract and to approve the plan for establishing a branch of the Orange County Public Library in Carrboro including the official name of the branch and staffing. VOTE: UNANIMOUS 10. REPORTS A. CHILD DAY CARE SUBSIDY PROGRAM STATUS REPORT Social Services Director Marti Pryor-Cook summarized the information in the agenda. She explained that there have been changes in the program as a result of the new welfare reform bill signed into law in August. 11. APPOINTMENTS A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to appoint Judy Cox to the Jury Commission for an unexpired term ending June 30, 1998. VOTE: UNANIMOUS 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items to discuss, Chair Carey adjourned the meeting. The next regular meeting will be held on Monday, December 2, 1996 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk