HomeMy WebLinkAboutMinutes - 19980217APPROVED 5119198
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
FEBRUARY 17. 1998
The Orange County Board of Commissioners met in regular session on Tuesday, February 17, 1998 at
7:30 p.m. in the OWASA Operations Center, 400 Jones Ferry Road, 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 RECORDING TAPES OF THE
MEETING WILL BE KEPT FOR FIVE (5) YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
Commissioner Crowther asked to add a discussion on the recruitment plan for the Economic
Development Director and the Board agreed to add this as item 10D.
The Board deleted item 9f (Letter to Secretary Tolson at NCDOT) and removed item 8c from the
Consent Agenda for discussion.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Agenda
Chair Margaret W. Brown asked that citizens who want to speak to items on the printed agenda to
sign up so they are not overlooked.
b. Matters not on the Printed Agenda
Livy Ludington, teacher at the Frank Porter Graham Elementary School, told us about what they
have been doing in their science program. For the last 5 years, her class has participated in the stream watch
program at Morgan Creek where they test the water quality. They told about some changes they have
identified over the last five years. They believe that construction near the creek is leading to erosion around
the creek which is causing the water to be less clean. The students have identified changes by using a
checklist that they update during the year. Several students described the process they follow and the
instruments they use to check temperature, pH, etc. They are also looking at creating a land trust which they
hope will benefit all the citizens of Orange County.
Ron Venters, representative of the Chapel Hill Daycare Board of Directors, said that they have
been in operation for over 30 years in Chapel Hill . They built a new facility in Southern Village and opened
in April of 1996. They received their first property tax bill in 1997. They applied for property tax exemption
and were turned down by the Tax Assessor's office. They appealed to the County Manager and were
referred to the State and told by the Dept. of Revenue that since they are not a charitable or educational
organization, they would not be considered tax exempt. They have been told by the County that they will
need to appeal to the Board of E & R or seek local legislation for exempt status.
Commissioner Carey said that he read all the correspondence about this situation and found it
hard to believe that they are not charitable or educational and would like for the County to do whatever they
can to help. This was referred to the County Manager for further review.
PUBLIC CHARGE
Chair Margaret W. Brown dispensed with the reading of the public charge.
3. BOARD COMMENTS
Chair Margaret Brown asked about bus service for the Southern Human Services Center. The Board
agreed to send a letter to the Chapel Hill Town Council requesting their assistance in providing bus
transportation to that facility.
Commissioner Gordon said that DOT has stopped all work on the improvements for the Bridge on
Erwin Road. DOT plans to do an environmental impact assessment before proceeding with this project.
They are going to evaluate the cost and also receive community input. The County Commissioners agreed to
write a letter to DOT to endorse this process.
Commissioner Halkiotis would like to see the Board of County Commissioners respond to some of the
letters coming in. There is some misinformation and we need to respond to these letters. Also, he asked
that a copy of the letters be sent to the press.
Commissioner Halkiotis said he was out riding this weekend and went out Millhouse Road. A deputy
was going through trash that had been thrown on the roadside to determine who owned the trash.
Commissioner Halkiotis will write a letter of commendation to the Sheriff thanking him for enforcing the
ordinance.
4. COUNTY MANAGER'S REPORT
John Link introduced Oliver Melvin as the interim Director of Human Relations.
5. RESOLUTIONS/PROCLAMATIONS
a. Severe Weather Awareness Week
The Board considered designating February 22-28 as Severe Weather Awareness Week.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
the proclamation as stated below:
A PROCLAMATION
FOR
SEVERE WEATHER AWARENESS WEEK
February 22-28, 1998
Whereas, Governor James B. Hunt, Jr. has proclaimed the week of February 22 through 28, 1998 as
Severe Weather Awareness Week, and
Whereas, Orange County is vulnerable to severe weather, including the devastation of tornadoes, and
Whereas, Tornadoes occur in North Carolina each year, and
Whereas, The need for citizens to learn more about tornadoes and how to protect themselves should be
emphasized, NOW
THEREFORE, the Board of County Commissioners hereby designate the week of February 22 through 28,
1998, as Severe Weather Awareness Week, and encourage all citizens to learn more about
tornadoes and be aware of the dangers of severe weather, especially during the spring season.
VOTE: UNANIMOUS
b. Resolution of Appreciation - Ted Abernathy
The Board considered a resolution of appreciation recognizing Ted Abernathy for his service as
an Orange County employee.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
the resolution of appreciation for Ted Abernathy as stated below:
RESOLUTION OF APPRECIATION
TED ABERNATHY
3
WHEREAS, Ted Abernathy has served as Director of the Orange County Economic Development
Commission for eight years, and
WHEREAS, Ted Abernathy has provided the Economic Development Commission with exemplary
staff leadership which has resulted in the following major accomplishments of the
Commission:
• the creation of a comprehensive database of all available commercial space in Orange County,
• the establishment of three Economic Development Districts,
• the creation of the annual State of the Local Economy Breakfast,
• the establishment of "Shop Orange First", a campaign to make citizens aware of the contribution
of sales tax revenue to Orange County;
• an updated Strategic Plan for Economic Development in Orange County, and
• the creation of the Visitor's Bureau; and
WHEREAS, Ted Abernathy has helped to support the location of several new businesses and to
guide many established businesses through expansion projects; and
WHEREAS, during his tenure, Orange County has welcomed over 10,000 new jobs.
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners does
hereby express its gratitude and appreciation to Ted Abernathy for his years of service and
commitment to the citizens of Orange County.
VOTE: UNANIMOUS
C. Resolution of Appreciation - Lucy Lewis
The Board considered a resolution of appreciation recognizing Lucy Lewis for her service as an
Orange County employee.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve
the resolution of appreciation for Lucy Lewis as stated below:
RESOLUTION OF APPRECIATION
LUCY LEWIS
WHEREAS, Lucy Lewis has served as Orange County's first Director of the Human Rights and
Relations Department; and
WHEREAS, Lucy Lewis helped to facilitate the merger of two Orange County advocacy
commissions into one department; and
WHEREAS, Lucy Lewis helped to develop and implement the most comprehensive civil rights
ordinance in North Carolina, which provides local enforcement for discrimination complaints
in employment, housing, public accommodations, and hate crimes; and
WHEREAS, Through her efforts, Orange County has achieved substantial equivalency status for
the ordinance with the U.S. Equal Employment Commission and U.S. Department for
Housing and Urban Development; and
4
WHEREAS, Through her leadership, the Department has co-sponsored, along with the
Economic Development Commission, the successful development of the Women Business
Owners Roundtable; and
WHEREAS, Lucy Lewis has been instrumental in assisting in the development of Project
Homestart, a transitional housing project for homeless or battered women and their
children; and
WHEREAS, Lucy Lewis has coordinated new initiatives for the Commission for Women, including
the annual Status of Women in Orange County Report, and First Women of Orange County
Program; and
WHEREAS, Lucy Lewis has coordinated new initiatives for the Human Relations Commission,
including the community dialogue series, human relations youth award, and a program to
welcome Latino/Hispanic populations.
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, does
hereby express its gratitude and appreciation to Lucy Lewis for her years of service and
commitment to the citizens of Orange County.
VOTE: UNANIMOUS
d. Resolution - "Seal the State in `98"
The Board considered a resolution supporting a state-wide public health campaign to provide
dental sealant for 98,000 children free of charge.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
the resolution as stated below:
"SEAL THE STATE IN 498"
WHEREAS, almost 50 percent of North Carolina's schoolchildren have tooth decay, and
WHEREAS, prevention of tooth decay is the only way to reduce the disease in children, and
WHEREAS, dental sealants are an effective preventive tool that is underutilized in North
Carolina, and
WHEREAS, the North Carolina Division of Dental Health has served the children of North Carolina
for 80 years with dental public health programs to reduce tooth decay and improve oral
health.
NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners supports the
program of the North Carolina Division of Dental Health and the Division's efforts to
increase the number of sealants placed on children's teeth, and
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners supports and
celebrates the 80th Anniversary of Dental Public Health in North Carolina which
occurred on February 6, 1998.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS - NONE
7. PUBLIC HEARINGS - NONE
8. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Crowther, seconded by Commissioner Carey to approve those
items as stated below:
a. Classification Plan Amendment - Tax Appraisal Positions
The Board approved a new classification and pay plan amendment establishing a new class of
Appraiser 1, salary grade 65, $25,312-$40,244; changing the title of the existing Real Property Appraiser
class at salary grade 69, $30,766-$48,920, to Appraiser II; and, changing the salary grade of the existing
class of Chief Appraiser at salary grade 74, $39,264-$62,431, to salary grade 71, $33,920-$53,933.
b. Budget Ordinance Amendment #5
The Board approved a proposed budget ordinance amendment and grant and capital project
ordinances to provide matching funds for grants received by the Department on Aging, Health Department
and Cooperative Extension Service, and to provide funds for a change order at the Southern Human Services
Center as presented in the agenda and attached to these minutes on pages
c. Impact Fee Reimbursement - Habitat for Humanity
This item was removed for separate consideration at the end of the Consent Agenda.
d. Criminal Justice Partnership Program (CJPP) Discretionary Grant Acceptance
The Board accepted a discretionary grant from the N.C. Department of Correction in the amount of
$245,880.
e. Freedom house - Home Program; Criminal Justice Partnership Program (CJPP)
The Board approved a HOME Program development agreement and a Criminal Justice
Partnership Program (CJPP) performance agreement with Freedom House Inc., to provide funding for the
construction of transitional housing units with support services on Airport Road in Chapel Hill.
f. Criminal Justice Partnership Program (CJPP) Implementation Contracts
The Board approved and authorized the Chair to sign contracts with Orange/Chatham Alternative
Sentencing, in the amount of $159,941, for continuation of the pre-trial release program and the development
of a day reporting center for offenders sentenced to intermediate sanctions. The programs would be funded
by a grant from the N.C. Department of Correction, Criminal Justice Partnership Program. The grant was
accepted by the Board Dec. 1, 1997.
q Department of Transportation State Funds to Support Rural General Public
Transportation
The Board approved applying for and accepting $15,111 in special State funds for rural public
transportation and authorizing the chair to sign an agreement with the N.C. Department of Transportation for
fiscal year 1997-98.
h. Department of Transportation State Funds for Work First and Employment
Transportation
The Board approved applying for and accepting $7,845 in special State operating funds
designated for Orange County and $10,000 of demonstration project funds to support Work First/employment
transportation needs.
i. SeniorNet Computer Learning Center
The Board approved and authorized the Chair to sign an agreement with SeniorNet to establish
and operate a computer learning center at the Chapel Hill Senior Center for a minimum of two years at a cost
of $10,000, $1,000 of which would be provided by SeniorNet and $9,000 by Bell South.
L Property Valuation Changes
The Board approved requests for changes of property valuations as presented and as
incorporated in these minutes by reference.
k. Property Tax Refunds
The County Commissioners approved requests for tax refund as listed below in accordance with
N.C. General Statutes 105-381 and the Refund Resolution as approved by the Board on September 16,
1997:
NAME ACCOUNT # AMOUNT
Stone, Mildred Overby E60410 $ 10.15
Freed, Gary Lee E48610 184.70
Cai-Bin Cui
E54976 85.12
John R. Bittner 70473 133.20
John David Ballard 94382 43.66
Triangle Grading Company 205981 864.95
1. Cost Allocation Plan
The Board approved and authorized the Chair to sign a contract with David M. Griffith &
Associates to prepare the County's Indirect Cost Allocation Plan.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEM REMOVED FROM THE CONSENT AGENDA
c. Impact Fee Reimbursement - Habitat for Humanity
Commissioner Carey took this off of the agenda to bring attention to and to commend the work
that Habitat for Humanity is doing in the community.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
an impact fee reimbursement for Habitat for Humanity in the amount of $6,000.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Bid Award/Contract Approval - Skills Development Center
The Board considered a bid award to O.C. Mitchell Jr. Inc., for renovations at the Skills
Development Center.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to write a
letter to OWASA asking that they consider waiving the $16,000 that it will cost to increase the size of the
meter for this project.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to award a
bid to O.C. Mitchell Jr., Inc. in an amount not to exceed $806,562 with $780,000 funded through private
placement and $26, 340 funded through an appropriation from unbudgeted sales tax receipts for 1996-97;
and authorize the Chair to sign a construction contract on behalf of the Board, contingent upon Attorney and
Staff review.
VOTE: UNANIMOUS
b. Local Legislation - 1 percent Local Option Sales Tax
The Board considered seeking local legislation to provide additional resources to help meet
present and future needs of the County.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt a
resolution in principle similar to the one done by Catawba County to be written by County staff and forwarded
to Raleigh by this Thursday.
VOTE: UNANIMOUS
C. Z-7-97 - Charlie and Amber Chang Zoning Atlas Amendment
The Board considered a request to rezone a three-acre property in Hillsborough Township from
AR Agricultural-Residential to L-1 Light Industrial.
Planner Emily Cameron said that this item was first presented on January 20. She outlined the
new information received since that time.
Chair Margaret Brown said that she does not feel the rezoning is very urgent or critical.
Commissioner Gordon said that she feels this request is premature. Commissioner Carey suggested that
this be postponed until they have an opportunity to look at the standards to be sure the ones we have in
place are appropriate for this area.
A motion was made by Chair Margaret Brown, seconded by Commissioner Halkiotis to table this
item to give the County Commissioners an opportunity to look at the standards for this area and compare
them with the standards in place for the Economic Development Districts.
VOTE: AYES, 4; NOS, 1 (Commissioner Carey)
d. Revocation of Preliminary Plan - University Manor Phase 1
The Board considered a request for revocation of the preliminary master plan for University Manor
Phase 1.
A motion was made by Commissioner Carey, seconded by Commissioner Crowther to approve
the Manager's recommendation.
John Link said that he recommends approving the first two items of his recommendation and
would suggest delaying the release of the conservation easement to allow more time to study this issue.
Commissioner Halkiotis said that he is not convinced that this is in the county's best interest to
revoke this preliminary plan. Chair Margaret Brown feels that the County should not pay for any of the costs
for undoing this. She would like to have additional time to understand all the pros and cons of revoking this
preliminary plan.
Commissioner Carey added to his motion that the attorney for the project, Mr. Rooks will be
expected to do all the paperwork involved with revoking this preliminary plan.
VOTE: AYES, 2; NOS (Commissioners Brown, Gordon and Halkiotis)
A motion was made by Chair Brown, seconded by Commissioner Halkiotis to delay action on this
request until the next meeting and to bring back information on how this fits in with the small area plan for
that area and to see if the County could maintain ownership of the conservation easement.
VOTE: UNANIMOUS
e. Request for Funding - Orange Community Housing Corporation
The board considered a request from Orange Community Housing Corporation for additional
funding for the current fiscal year.
Housing and Community Development Director Tara Fikes explained this item. She said that the
Orange Community Housing Corporation (OCHC) reports a $42,000 deficit in their operating budget for this
fiscal year ending June 30, 1998. This budget shortfall is primarily due to the fact that the anticipated
revenue from the Magnolia Place development included in this year's budget will not be available to the
corporation until next fiscal year. Magnolia Place received about $250,000 in community development funds
and $200,000 in HOME funds.
Robert Dowling, Executive Director of Orange Community Housing Corporation, answered
questions about the information presented in the agenda. He explained that the developer Mr. Perry went
bankrupt and did not pay some of his bills. He said that their total budget is only $110,000, the same as it
was in 1990.
Commissioner Gordon said that asking for $19,000 outside of the budget cycle is hard to do,
especially since the Commissioners just cut a County project to keep it within budget.
In response to Commissioner Halkiotis' suggestion that this corporation become part of County
government, Commissioner Carey said that there were many reasons for setting this up as an independent
agency. This agency has benefited the County by providing housing for citizens with low income.
Chair Brown asked that the County do a financial analysis of the information presented in the
agenda.
John Link suggested that he convene a fiscal assessment team to assist this organization in
developing strategies for getting through this year and what measures need to be put in place so that this
shortfall does not happen again. Tara Fikes and Finance Director Ken Chavious will work on this
assessment team. John Link will present a plan of action the second meeting of March or the first meeting of
April.
The County Commissioners received this report as information.
f. Letter to Secretary Tolson - N.C. Department of Transportation MCDOTI
The Board delayed action on a letter to N.C. Department of Transportation Secretary Norris
Tolson outlining the Board's ideas on transportation planning for the State and the Durham-Chapel Hill-
Carrboro MPO.
10. REPORTS
a. Housing Programs Update
The Board heard a report on three County housing program initiatives.
Tara Fikes summarized the information in the agenda. She talked about the Section 8 Housing
Program - Persons with Disabilities, Land Trust Initiative and the Scarlett Drive project. The County
Commissioners accepted this report as information.
NOTE: By consensus, the meeting was extended to do the following two reports.
b. Telecommunications at Orange County Offices in Hillsborough
The Board heard a report from the Purchasing staff on the state of telecommunications in County
offices in Hillsborough.
David Cannell, Purchasing Agent, gave this report. He used computer slides to demonstrate the
history of telecommunications at Orange County offices in Hillsborough.
C. Triangle Transit Authority - Financial report and Station Area Development Guidelines
The Board heard a financial report and a report on station area development guidelines for
regional transit systems report from the Triangle Transit Authority.
The Board received this report as information.
ADDED ITEM
Recruitment Plan for the Economic Development Director
Commissioner Halkiotis suggested that the interim directors for EDC and Human Rights and Relations
be given an opportunity to work in that position for a time before recruiting outside the County.
Personnel Director Elaine Holmes distributed information on the process for the Economic Development
Director's vacancy.
Commissioner Crowther emphasized that he feels that John Link should make the decision to advertise
for the present vacancies. He noted that he would trust the manager's judgment in filling these two
vacancies. He agrees with continuing with the interim directors for a while.
Commissioner Gordon noted that she wants to give feedback on what she expects from these
positions.
Commissioner Carey said that he feels that it is the Manager's decision to set up the procedure and to
move ahead with the process.
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION -NONE
14. ADJOURNMENT
With no further business to come before the Board, Chair Margaret W. Brown adjourned the meeting.
The next regular meeting will be held on Wednesday, March 4, 1998 at 7:30 p.m. in the Judge F. Gordon
Battle Courtroom, new County Courthouse in Hillsborough, North Carolina.
Margaret W. Brown, Chair
Beverly A. Blythe, Clerk