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HomeMy WebLinkAboutMinutes - 19971103APPROVED 6122198 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 3, 1997 The Orange County Board of Commissioners met in regular session on Monday, November 3, 1997 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDING TAPES OF THE MEETING WILL BE KEPT FOR FIVE (5) YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Crowther added to the end of the meeting a Closed Session to handle a "Personnel Matter by authority of G.S. Section 143-318.11(a)(6). 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Crowther stated that citizens who have indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda Jay Zaragoza made comments about a transfer station in connection with solid waste disposal. He noted that a rail line could be extended to the present Greene Tract to facilitate this effort. PUBLIC CHARGE Chair Crowther dispensed with the reading of the public charge. 3. BOARD COMMENTS - NONE 4. COUNTY MANAGER'S REPORT He noted that tomorrow is election day and he hopes that all citizens will go to the polls and vote five times for the bonds. 5. RESOLUTIONS/PROCLAMATIONS- NONE 6. SPECIAL PRESENTATIONS - NONE 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes from the following meetings: Assembly of Governments, May 22; Quarterly Public Hearing, May 27; Work Session on Solid Waste, June 5 and Budget Work Session, June 11. b. Professional Service Contracts -- UNC School of Dentistry The Board approved and authorized the Chair to sign a contract with the UNC School of Dentistry for a dental resident to provide dental services to the Department of Health. VOTE: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA a. Minutes One correction was made to the September 30 minutes on page 2, line 16, adding the word "not" before the word driven. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the minutes for September 30 as corrected. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a. Advertisement for Public Hearing -- Nov. 24, 1997 The Board considered approving the advertisement of a scheduled November 24 public hearing with the Planning Board to discuss proposed Zoning Atlas Amendments; Comprehensive Plan amendments; Zoning Ordinance Text Amendments; Subdivision Regulations Text amendments; and, Special Use Permits. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to approve the advertisement as presented in the abstract. VOTE: UNANIMOUS b. Proposed Carrboro Development Moratorium The Board considered filing a Notice of Objection with the Town of Carrboro concerning a proposed development moratorium in the northern study area now being considered by the Carrboro Board of Aldermen. Planner Mary Willis gave background information and listed the options available for considering this request from Carrboro. A motion was made by Commissioner Gordon, seconded by Chair Crowther to delay action on this item and to send forward to Chapel Hill and Carrboro the proposed ordinance revision as written on pages 15, 16 and 17 of the document faxed to the County Commissioners today and included as part of the agenda in the permanent agenda file. Commissioner Brown made a friendly amendment to the motion to send letters to Chapel Hill and Carrboro indicating a positive response to a joint effort. This friendly amendment was seconded by Commissioner Halkiotis VOTE ON THE MOTION INCLUDING THE FRIENDLY AMENDMENT: UNANIMOUS Commissioner Brown would like to go on record as in favor of the moratorium. C. The Board considered a rental vehicle tax proposed by the Triangle Transit Authority to help finance a regional transit system. Commissioner Gordon gave some background information on this item and how the Rental Vehicle Tax monies will be used. Jim Ritchie, General Director of the Triangle Transit Authority outlined what they now have in place and what they have planned for the near future. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below: Resolution Approving the Levy of a Rental Vehicle Tax of Five Percent by the Research Triangle Regional Public Transportation Authority WHEREAS; in 1989, Durham, Orange, and Wake Counties, the cities of Raleigh and Durham and the Towns of Cary and Chapel Hill jointly formed the Research Triangle Regional Public Transportation Authority; and, WHEREAS; in 1990, during a joint meeting, the Capital Area and Durham-Chapel Hill-Carrboro Transportation Advisory Committees adopted the Land Use and Public Transportation Action Agenda which directed that: "The Triangle Transit Authority, in coordination with local governments and appropriate regional agencies, should evaluate possible corridors and fixed guideway technologies for potential implementation;" and, WHEREAS; in 1992, the Triangle Transit Authority began the Triangle Fixed Guideway Study and jointly developed the scope for the Study in coordination with the Federal Transit Administration, the state, and the region's units of local government which are members of the Capital Area and Durham-Chapel Hill-Carrboro Metropolitan Planning Organizations (MPOs); and, WHEREAS; the Triangle Fixed Guideway Study examined the long term land use and transportation problems, identified and evaluated alternatives, and recommended implementation of Phase I Regional Rail service from Durham to North Raleigh as part of Recommendations for a Regional Transit Plan; and, WHEREAS; on May 16, 1995, the Orange County Board of Commissioners adopted a Resolution Supporting the Preliminary Recommendations for a Regional Transit Plan, including a request that the North Carolina General Assembly establish a permanent funding source permitting the long ten- n implementation of the Regional Transit Plan; and, WHEREAS; on February 22, 1995, Recommendations for a Regional Transit Plan were adopted by the Triangle Transit Authority Board of Trustees after extensive and ongoing public involvement; and, WHEREAS; on September 25, 1996, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization adopted the Interim Comprehensive Transportation Plan which contains Phase I of the Regional Rail Project as part of the fiscally constrained plan; and, WHEREAS; on February 20, 1997, the Capital Area Metropolitan Planning Organization Transportation Advisory Committee adopted the Long Range Transportation Plan - Transit Element which contains Phase I of the Regional Rail Project as part of the fiscally constrained plan; and, WHEREAS; the Phase I Regional Rail System will require financing from the Federal, State and Regional Governments, and, WHEREAS; the North Carolina General Assembly enacted House Bill 1231 "An Act to Authorize Supplemental Sources of Revenue for Local Government Transit Financing" which was signed by Governor James B. Hunt, Jr. on August 21, 1997; and, WHEREAS; House Bill 1231 amended Subchapter IX of Chapter 105 of the General Statutes by adding a new Article 50 which permits Regional Public Transportation Authorities to levy up to a five percent tax on rental vehicle gross receipts; and, WHEREAS; The Board of Trustees of an Authority may not levy a tax under this section or increase the tax rate of a tax levied under this section until: 1) the Board of Trustees has held a public hearing on the tax or the increase in the tax rate after giving at least 10 days' notice of the hearing, and, 2) if the Authority has a special tax board, the special tax board has adopted a resolution approving the levy of the tax or the increase in the tax rate, and 3) the board of commissioners of each county included in the territorial jurisdiction of the Authority has adopted a resolution approving the levy of the tax or the increase in the tax rate. NOW, THEREFORE, BE IT RESOLVED, by the Orange County Board of Commissioners, that the Orange County Board of Commissioners approves the levy by the Research Triangle Regional Public Transportation Authority of a rental vehicle tax levy pursuant to Article 50 of Subchapter IX of Chapter 105 of the General Statutes equal to five percent of the gross receipts taxable thereunder derived by retailers, effective the later of January 1, 1998 or the first day of the second month after the Authority's Board of Trustees adopts the Rental Vehicle Tax Levy Resolution. VOTE: UNANIMOUS 10. REPORTS a. Proposed OWASA Revisions to University Lake Water & Sewer Extension Policy The Board considered a request from OWASA to provide comments on proposed revisions to its University Lake Water and Sewer Extension Policy. John Link provided background information as included in the agenda. Planner Mary Willis gave specific information on the amendments. Regulations for the extension of water and sewer are included in three County ordinances. She elaborated on these regulations and how, for the most part, the policies created by OWASA were consistent. One of the administration's recommendations is to review all these ordinances for consistency. County Engineer Paul Thames summarized some of the conditions that are prevalent in this area. He said that there are some discharge issues with regard to public health. Mr. Thames clarified for Commissioner Brown how OWASA is going to protect University Lake itself. Under this change people will have a choice of being connected unless they have a failing system, in which case, they would be forced to tap into the sewer line. Commissioner Brown feels that before the County Commissioners act on this, she would like to have a meeting with OWASA. Commissioner Carey noted that tap ons would be driven by complaints. Commissioner Halkiotis said that the issue of who is going to pay for this needs to be addressed as well as other issues. Commissioner Gordon ask about OWASA's intent and for a map showing the lots where they intend to run water and sewer. Paul Thames said that OWASA is trying to do anything they can to avoid development. Commissioner Carey does not support moving ahead with this policy change because there are issues that need to be clarified. Commissioner Gordon made reference to the notation "public health emergency" and said that we need to stress to OWASA that this is the County's responsibility. CITIZEN COMMENT - Gordon Fisher said that the citizens in this area have a serious problem. There are 27 property owners asking for help. They have received information on costs. Barry Jacobs, Chair of the OWASA Board, said that he believed they used 15 properties when they did their assessment of the problem. They are talking about the Brookfield area. They did apply for a grant which was not approved - these were Clean Water Funds. He feels this is a good opportunity for the two boards to work together and come up with a plan to address these problems. Commissioner Gordon asked what houses would be getting service. Barry Jacobs said it would address those lots which have failing systems and which also would be considered developable lots. Commissioner Halkiotis suggested that Board members walk this area to see the problems that exist in this area. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to receive this report and approve the Administration's recommendation as stated below: 1) Address inconsistencies in County ordinances and policies as related to public water and sewer extensions; 2) Determine what triggers the necessity of public water and sewer service to areas outside of Transition Areas; 3) Reaffirm that only Orange County Environmental Health is empowered by the Board of Commissioners to determine what triggers the necessity of public water and sewer to areas outside of Transition Areas; and 4) Reaffirm empowerment of Environmental Health as described in 3) above to the Water and Sewer Service Area Task Force, OWASA, and other jurisdictions. VOTE: UNANIMOUS Commissioner Gordon asked that items 2, 3 and 4 listed above be spelled out in detail. b. Work Session -- Employee Compensation Items This item was deferred from the Oct. 30 work session, which was devoted to solid waste issues. The board discussed employee compensation issues and considered providing direction to staff as appropriate. Personnel Director Elaine Holmes explained the information in the agenda. With reference to Career Growth Recognition Awards, Commissioner Gordon said she would like to take this amount of money and use it to reward high performance as opposed to career growth recognition awards. She would like this money to be used to encourage high performance. She would also like to see what might be done about employees who perform at a relatively low level. Commissioner Carey expressed concern with dealing with compression of salaries. He would not like for one group of employees to be treated differently from another group. John Link explained that compression could be handled by moving employees, who are performing at a high level, up faster on the salary scale from the first step to middle of the range and moving them up slower on the salary range after they reach the middle point or a designated point in the range. It would take higher levels of performance to move up from there forward. Commissioner Carey feels it is an equity issue when a new person progresses faster because they are on the lower end than a person on the higher end who performs at a higher performance level who does not receive an equal increase. Chair Crowther feels that those performing at high levels should be rewarded and the reminder of the money could be used to address compression. He does not understand rewarding employees for just doing their job. Commissioner Brown said that she is interested in pursing the Living Wage Ordinance. She would like to talk about the technology positions and maybe outsourcing some of the positions that we may only need for three or four years. She wonders if some jobs can be handled with contracted positions. She asked for additional information on outsourcing. There was a consensus of the Board to not allocate any additional money for the pay plan. John Link noted that some jurisdictions try to combine cost of living and build on top of that a performance increase. Commissioner Halkiotis asked what it would cost to implement a 5% 401 K contribution and Ms. Holmes indicated it would cost $780,000 if everyone participated. In answer to a question from Commissioner Brown, Ms. Holmes explained the training opportunities available for the employees. Each department head must approve travel and training and John Link must approve all requests for out-of-state conferences. Commissioner Brown asked for a report on what employees attend in terms of conferences. Also, she asked about professional development. session. It was decided that #6 - On Call and Call Back compensation would be discussed during a budget In answer to a question from Commissioner Gordon about the pay equity study for department heads, John Link said that this has been added to their work plan but not addressed as of yet. 11. APPOINTMENTS -NONE 12. MINUTES- NONE 13. CLOSED SESSION ADDED Closed Session - delayed to next meeting 15. ADJOURNMENT With no further items for the Board to consider, Chair Crowther adjourned the meeting. The next regular meeting will be held on Wednesday, November 19 at 7:30 p.m. at the Chapel Hill Town Council Chambers in Chapel Hill , North Carolina. William L. Crowther. Chair Beverly A. Blythe, Clerk