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HomeMy WebLinkAboutMinutes - 19980120APPROVED 10120198 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 20, 1998 The Orange County Board of Commissioners met in regular session on Tuesday, January 20, 1998 at 7:30 p.m. at the OWASA Operations Center in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., William L. Crowther, 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 RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA NONE 2. CITIZEN & AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Brown stated that citizens who have indicated a desire to speak on an item that appears on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda - NONE PUBLIC CHARGE Chair Margaret Brown dispensed with the reading of the Public Charge. 3. BOARD COMMENTS Commissioner Halkiotis made reference to a letter he received from a citizen who has been cited for not paying a pet licensing fee in 1991. He requested information from Animal Control on why they were going back this many years and if everyone is receiving such a letter. Commissioner Halkiotis asked the Board to consider writing another letter of support for the Occaneechi Saponi Indiana Tribe in their quest for state recognition. He wants the County to do whatever they can to help them seek State recognition. Commissioner Halkiotis made reference to the Piedmont Electric presentation the first of December and the fact that this line is going through the middle of one lot which is long and narrow. He asked that the County Engineer request Piedmont Electric to move the line over to one side toward the Duke Forest property. Commissioner Halkiotis made reference to Brookfield and the septic systems that have failed in that area. He mentioned a couple of newspaper articles which told about the estimated 40,000 gallons of sewage that was accidentally dumped. He wants to know what backup plans are in place for OWASA, Hillsborough and others that handle raw sewage. We are being pushed to extend water and sewer and he does not feel that spills will happen as large as this from a septic tank - even a large one. Commissioner Gordon made reference to the Commission for the Environment and thanked Gene Bell for staffing this commission. The meetings are going quite well and she is impressed by the background of those who serve on this commission. Commissioner Carey asked when the Brookfield item will come back to the Board of County Commissioners and John Link indicated that he plans to meet next week to set the agenda for the County Commissioners meeting with OWASA next month. 4. COUNTY MANAGER'S REPORT John Link made reference to a memo from Neil Pedersen about options they will explore for the proposed Middle School at Meadowmont. He will keep the County Commissioners informed on this topic. He announced that Lucy Lewis has resigned as Director of Human Rights and Relations effective February 27. He praised Ms. Lewis for helping Orange County establish the Human Rights and Relations agency. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution of Appreciation for Geraldine Weathers The Board considered a Resolution of Appreciation for Geraldine Weathers for 34 years of service to the citizens of Orange County. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the resolution as stated below: RESOLUTION OF APPRECIATION FOR GERALDINE H. WEATHERS WHEREAS, Geraldine H. Weathers has been a loyal and faithful employee of Orange County for the past 34 years; and WHEREAS, Geraldine H. Weathers has been diligent in her tasks and responsibilities as Lead Supervisor and Assistant Register of Deeds; and WHEREAS, Geraldine H. Weathers has continuously demonstrated a selfless work ethic by assisting, training and supporting others; and WHEREAS, Geraldine H. Weathers has been exemplary in her knowledge and implementation of quality control measures for all areas of the Register of Deeds Office; and WHEREAS, Geraldine H. Weathers has demonstrated expertise and commitment in promoting the Optical Imaging Process for the recording of permanent documents; and WHEREAS, through her efforts and proficiency with the Optical Imaging Process, Geraldine H. Weathers has helped to place Orange County on the forefront of technology; and WHEREAS, Geraldine H. Weathers is to be duly recognized and commended for her efficiency, integrity, and dedication to the citizens of Orange County. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, does hereby express its gratitude and appreciation to GERALDINE H. WEATHERS for her many years of dedicated service to Orange County. VOTE: UNANIMOUS b. Transfer of Alert Cable TV Franchise to Time Warner The Board considered a resolution transferring the former Alert cable TV franchise to Time Warner. A motion was made by Chair Crowther, seconded by Commissioner Carey to approve the resolution as stated below: RESOLUTION TRANSFER OF ALERT CABLE TV FRANCHISE TO TIME WARNER Whereas, Alert Cable T.V. of North Carolina, Inc. ("Alert") is the holder of a franchise to provide cable television service for the Orange County (the "Franchise"), and Whereas, Alert has proposed to transfer the Franchise to Time Warner Entertainment-Advance/Newhouse Partnership ("TWEAN"), and Whereas, TWEAN will be bound by the terms and conditions of the Franchise subject to applicable law. NOW, THEREFORE, be it resolved that, insofar as may be necessary or advisable under the Franchise, transfer of the Franchise and the cable television system operating pursuant to the Franchise from Alert to TWEAN (including any necessary transfers through one or more Time Warner entities) is hereby authorized and consented to in all respects. This transfer shall not affect any ongoing franchise renewal proceedings which shall continue subject to the provisions of 47U.S.C.546, except that, upon transfer of the Franchise TWEAN shall succeed to the rights and obligations of Alert in the renewal process. Since the transfer of the Franchise to TWEAN involves no change in control, the Orange County may, after the transfer of the Franchise to TWEAN, consider in any ongoing renewal proceedings the past performance of Alert while under common control with TWEAN to the extent permitted under 47U.S.C.546, as if it were the past performance of TWEAN. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) C. Cable TV Rate Review The Board considered a resolution that would maintain basic rates for Time Warner Cable at their present level. A motion was made by Chair Crowther, seconded by Commissioner Carey to adopt a Resolution/Order finding that Time Warner's 1998 proposed $9.04 and $8.20 Basic Service Tier Maximum Permitted Rates as Unreasonable and Setting the Basic Service Tier Maximum Permitted Rate at $8.84 and $8.02 for the Carrboro and Chapel Hill Cable Television System. This Resolution/Order is attached to these minutes on pages Vote: Unanimous 6. SPECIAL PRESENTATIONS a. urange county Arts Commission presentation of urange county VrantS Awaras Checks were presented to local artists and arts organizations receiving Orange County Arts Commission Grants. A total of $15,045 was distributed to 23 local artists and arts organizations. 7. PUBLIC HEARINGS 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items as listed below: a. Appointments The Board made appointments to the Master Recreation & Parks Plan Work Group; Economic Development Commission; Commission for Women; and, Bicycle Planning Task Force as listed below: Master Recreation and Parks Plan Work Group Kevin Foy, representing Chapel Hill Lee Pavao, representing Chapel Hill as an alternate Bill Strom, representing OWASA Economic Development Commission Alois Callemyn, representing Hillsborough for an unexpired term ending June 30, 1998 Commission for Women Kit Gruelle, At-Large representative for an unexpired term ending June 30, 1998 Lorraine Hoyt, representing Chapel Hill Township for an unexpired term ending June 30, 1999 Ruth Ledesma, representing Chapel Hill Township for an unexpired term ending June 30, 2000 Debbie Taylor, representing Hillsborough Township for an unexpired term ending June 30, 1998 Melissa Mcgill, representing non Chapel Hill/ Hillsborough for an unexpired term ending June 30, 1999 Chapel Hill Bicycle Planning Task Force Slade McCalip, representing Orange County b. Professional Services Contract - UNC School of Dentistry The Board approved and authorized the Chair to sign a contract with the UNC School of Dentistry to provide a dental director for the Health Department dental program. C. Housing Rehabilitation Contract Award This item was moved to the end of the Consent Agenda for separate consideration. d. Contract with Town of Chapel Hill for Senior Recreation Services and Establishment of New Position The Board approved and authorized the Chair to sign a contract with the Town of Chapel Hill to transfer the New Generation senior recreation program to the County and provide a new full-time County position, senior citizen program coordinator, Salary Grade 64 ($24,106-38,327) to administer the program. The total contract amount is $44,017. e. Resolution to Apply and Enter into Agreement with N.C. Department of Transportation for Community Transportation Program (CTP) Grant Funds The Board approved an annual resolution to apply for Community Transportation Program funds and entering into an agreement with NCDOT for FY 98-99 for capital and administrative funding totaling $232,278 ($94,951 federal, $107,317 state and $30,010 local matching funds). f. Petition for Addition - Gemena Road and Habitat Circle, Bingham Township The Board approved a petition from NCDOT adding Gemena Road and Habitat Circle in Bingham Township to the state-mandated Secondary Road System. g, Zoning Ordinance Text Amendment - Watershed Protection Districts The Board approved an amendment to the Zoning Ordinance intended to achieve full compliance with state-mandated watershed protection regulations. h. Zoning Ordinance Text Amendment - Garden Center This item was moved to the end of the Consent Agenda for separate consideration. 1. Change in Regular Meeting Schedule This item was moved to the end of the Consent Agenda for separate consideration. ITEMS REMOVED FROM THE CONSENT AGENDA C. Housing Rehabilitation Contract Award The Board considered awarding a contract for housing rehabilitation through the CDBG/HOME Program to Thames Construction Co. in the amount of $35,925. In answer to a question from Commissioner Crowther, Housing and Community Development Director Tara Fikes said that to stay within the money available for this project, modifications were made with the existing bathroom. She noted that they did not leave out anything and they are addressing all violations. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to declare invalid the bid submitted by Taylor Home Improvements, and award a housing rehabilitation contract to J. W. Thames Construction Co. in the amount of $35,925. VOTE: UNANIMOUS h. Zoning Ordinance Text Amendment - Garden Center The Board considered amendments to the Zoning Ordinance to create a new "Garden Center" land use category with appropriate standards included in Article 6 and a definition of the use in Article 22. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to close the public hearing and approve the proposed Zoning Ordinance Text Amendments as recommended by the Planning Board. VOTE: UNANIMOUS 1. Change in Regular Meeting Schedule No action was taken on this item. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Work First Plan The Board considered approval of the Orange County Work First Plan Social Services Director Marti Pryor-Cook introduced Rosetta Moore, Chair of the DSS Board, Gwen Price, Coordinator of the Work First Program and Commissioner Carey who cochaired the Committee. She recognized Dee Gamble from the School of Social Work at UNC-Chapel Hill. She said that this plan represents the work of more than 40 task force members who worked diligently on this plan for several months. The plan had a public comment period from December 22, 1997 through January 12, 1998 and the DSS Board held a public hearing on January 13. Marti Pryor-Cook emphasized that In order for our County to be successful in carrying out this plan, it will take a community effort. In addition to identifying goals, outcomes and strategies specific to Orange County's population, the Task Force developed strategies to meet the primary statewide goals of: Reducing the Work First Caseload; Putting Adults to Work; Staying Off Welfare After Going to Work; and Avoiding Welfare Through Diversion Assistance. The plan outlines the strategy that the County will follow to achieve the outcomes as mandated by the state. Chair Brown suggested added the Skills Development Center as a County strategy. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Orange County Work First plan as submitted adding the Skills Development Center as a County strategy. VOTE: UNANIMOUS b. Aerial Photography Agreement The Board considered an agreement with Atlantic Technologies Ltd. for aerial photography services. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign this agreement with Atlantic Technologies Ltd. for aerial photography services at a cost of $51,900. VOTE: UNANIMOUS C. 1998 Historic Preservation Fund Grant Application The Board considered a 1998 Historic Preservation Fund Grant application and recommendation to the state Historic Preservation office that the St. Mary's Road-Trading Path historic corridor be nominated for the National Register of Historic Places. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to authorize the County Manager to apply for up to $18,000 from the Historic Preservation Fund Grant Program. If the grant proposal is accepted by the State Historic Preservation Office, the Planning Department will request $8,000 in their FY1998-99 Budget as a cash match. The grant and matching funds would be used to complete a National Register nomination for the St. Mary's Road/Trading Path Historic Corridor. VOTE: UNANIMOUS d. Zoning Atlas Amendment - Z-7-97 - Charlie and Amber Chang The Board considered a request to rezone a three-acre property in Hillsborough Township from AR Agricultural-Residential to 1-1 Light Industrial. The proposed rezoning entails a parcel owned by Charlie and Amber L. Chang at 1607 North Carolina 86 North (Tax Map No. 4.3..18) fronting on the east side between Coleman Loop Road North and Coleman Loop Road South. Commissioner Crowther asked if this rezoning would have any implications on the proposed Hillsborough Thoroughfare Plan. After a brief discussion, a motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Carey to approve the proposed Zoning Atlas amendment as per the Planning Board recommendation. THIS MOTION DIED FOR LACK OF A SECOND. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to table this item until they receive additional information on the possibility of serving this area with water and sewer and transportation issues. VOTE: AYES, 4; NOS, 1 (Commissioner Carey) CLOSED SESSION - To consult with the County Attorney about a matter to preserve the attorney-client privilege between the County Attorney and the Board of Commissioners. G.S. 143-318.11(a)(3) A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to go into closed session for the purpose of consulting with the County Attorney about a matter to preserve the attorney- client privilege between the County Attorney and the Board of Commissioners. G.S. 143-318.11(a)(3) VOTE: UNANIMOUS (9:10) A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to reconvene into regular session. VOTE: UNANIMOUS (9:33) ACTION AS A RESULT OF CLOSED SESSION A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the resolution as stated below regarding request to disqualify the proposals of O.C. Mitchell, Jr., Including. for the renovation of the Orange County Skills Development Center: RESOLUTION Whereas, on November 20, 1997, Orange County received proposals for the renovation of the Orange County Skills Development Center which proposals are shown on bid tabulation forms, copies of which are together Exhibit A to this Resolution; and Whereas, the Resolute Building Co. sought the disqualification of the proposals of O.C. Mitchell, Jr., Inc. for the reasons and as stated in the November 21, 1997 and December 15, 1997 letters from attorneys of The Resolute Building Co., copies of which are Exhibits B and C respectively of this Resolution; and Whereas, Orange County has received documentation from its architect, Dixon Weinstein Architects, P.A., and from O.C. Mitchell,Jr., Inc. which documentation includes a December 9, 1997 letter and a January 8, 1998 letter from O.C. Mitchell, Jr., Inc. to Dixon Weinstein Architects, P.A. and a January 8, 1998 letter to Orange County from Dixon Weinstein Architects, P.A., copies of which documents together are Exhibit D to this Resolution; and Whereas, , the Board has considered the documents that are Exhibits A-D and letters from the County attorney dated December 5, 1997 and January 13, 1998 addressed to the attorneys for The Resolute Building Co., copies of which are Exhibit E and F respectively of this Resolution; NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY THAT, based on the documents which are exhibits to this Resolution and all other things coming before the Board, there is no factual basis and no basis in the law for disqualifying the bids of O.C. Mitchell, Jr., Inc. on the Orange County Skills Development Center renovation project. VOTE: UNANIMOUS (A copy of this resolution and attachments are in the permanent agenda file in the Clerk's Office. ) e. Bid Award, Skills Development Center The board considered awarding a bid in an amount not to exceed $824,422, to O.C. Mitchell Jr. for renovation of the Skills Development Center, 503 W. Franklin St., Chapel Hill. Commissioner Gordon suggested that we try to stay at the targeted amount of $780,000. If that is impossible, she would like for the County to only borrow $780,000 and find County funds for the remainder of the project. Commissioner Carey would like for us to use what we have in reserve accounts instead of borrowing money. He agrees with going to the LGC for the full amount but not necessarily use the total amount approved by the LGC. It was decided that the Skills Development Center Advisory Subcommittee would be reconvened to do the value engineering for this project. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to (1) direct the clerk to record in the minutes the proposals submitted to the County for this renovation project: (2) declare the O.C. Mitchell, Jr., Inc. single-prime bid of $824,222 the low bid and O.C. Mitchell, Jr., Inc. the lowest responsible bidder, taking into consideration quality, performance and the time specified in the proposals for the performance of the renovation project to be done at 503 West Franklin Street, Chapel Hill; (3) authorize the Director of Purchasing and Central Services to negotiate with O.C. Mitchell, Jr., Inc. in an attempt to bring the bid within the targeted ($780,000) project amount; and (4) direct the Manager and staff to undertake the necessary procedural steps to secure approval from the LGC. VOTE: UNANIMOUS Note: The bids are included as part of these minutes by reference to pages 10. REPORTS a. Solid Waste Issues The Board heard a report on solid waste issues and proposed water lines in the area of Eubanks Road landfill. John Link summarized the information in the agenda packet which he feels is relevant to making decisions on solid waste management issues that were identified in various work sessions the end of the year. John Link made reference to the construction and demolition issue and said that a decision needs to be made quickly on how we dispose of C & D in the future. The County has two years left at this site which indicates a need for either another C & D landfill or a processing center. He made reference to the mixed waste disposal options as identified in the agenda. A decision needs to be made about other possibilities for a landfill other than site 17. The default of not making a decision is to build a transfer station. A Materials Recovery Facility (MRF) is a possibility and the LOG plans to meet with other jurisdictions to ascertain their interest. John Link said that they have not made a recommendation for or against community benefits. They have provided factual information in the agenda packet including information on groundwater impacts from the landfill. The analysis seems to indicate that there is not any indications of what is causing water contamination around the landfill . That is not to say that the water does not have some bad qualities. John Link said that since we cannot find a direct lineage between these bad qualities and the landfill, we could not fund these benefits from the LOG funding which means that the local jurisdictions would need to fund these benefits. Several options for funding these benefits are listed in the agenda abstract. John Link feels the other jurisdictions need to provide feedback on their assessment of the situation. In answer to a question from Commissioner Gordon, Ron Holway said that problems with iron and the bitter taste of water is commonplace across the County. In answer to a question from Commissioner Halkiotis, Paul Thames said that the OWASA fees would be based on acreage -- from $2300 to $2500 per acre. Commissioner Carey asked about using LOG funds to prevent landfill contamination in areas that are at risk. Geoffrey Gledhill feels there must be some factual basis for connecting the well problems with the landfill. The County could provide a water system as a water project which does not need to have any connection with the landfill. Also, the County could approach the project on a public purpose basis to provide water to all households in Orange County. It was decided that further discussion about solid waste issues would be continued at the Board's regular meeting next Tuesday or at another time in the near future. b. County Debt Management Policy The Board delayed their review of a draft County debt management policy until February 3, 1998. C. Justice Facilities Study Group Follow-up The Board delayed hearing a report from the Justice Facility Study Group until February 3, 1998. 11. -NONE 12. MINUTES - NONE 13. CLOSED SESSION - NONE 15. ADJOURNMENT With no further items for the Board to consider, a motion was made by to adjourn the meeting. The next regular meeting as listed on the regular meeting calendar will be held on Margaret W. Brown, Chair Beverly A. Blythe, Clerk