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HomeMy WebLinkAboutMinutes - 19850506 064 MINUTES ORANGE COUNTY BOA OF COMMISSIONERS REGULAR MEETING MAY 6, 1985 The Orange County Board of Commissioners met in regular session on Monday, May 6, 1985, 7:30 p.m. at the Courthouse in Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert T. Kittrell, Administrative Assistant and Clerk to the Board Beverly A. Blythe, Director of Personnel Beverly Whitehead, Director of Planning Marvin Collins, and Planner Susan Smith. A. BOARD COMMENTS None. B. ALUIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Several members of the audience indicated they would like to speak on items listed on the agenda. Chair Willhoit indicated they would be recognized at the appropriate time. Charles Dail, representing a group of homeowners on Mill House Road, presented a petition to the Board for upgrading Orange County secondary road 1725. He cited several problems that prompted the petition including increased traffic from buses and gravel trucks which creates dust. Three businesses are located on the road. Chair Willhoit stated the petition would be forwarded to the appropriate department and DOT contacted. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the minutes for March 11, 1985 as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for March 19, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for March 20, 1985 as corrected. VOTE: UNANIMOUS. D. APPOINTMENTS COMMISSION FOR WOMEN Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the appointments of Ann Loeb, Libba Wells and Sophie Shiffman to the Commission for Women. VOTE: UNANIMOUS. INDUSTRIAL DEVELOPMENT REVENUE BOND AUTHORITY Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the appointment of Thomas K. Tiemann to a term on the Industrial Development Revenue Bond Authority. VOTE: UNANIMOUS. 06 RECREATION AND PARKS ADVISORY COUNCIL Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Thomas E. Link to the Recreation and Parks Advisory Council as a representative from Eno Township. VOTE: UNANIMOUS. DCMICILIARY HOME ADVISORY COMMITTEE Motion was made by Commissioner Marshall, seconded by Commissioner Carey to reappoint Jeanne Gresko and to appoint Richard W. Terrell to the Domiciliary Home Advisory Committee. VOTE: UNANIMOUS. E. ,REPORTS SQUAD REPORTS Ray de Friess, South Orange Rescue Squad, reported the squad has one hundred and one volunteers and eleven full-time County employees that responded to 5,049 calls. The average response time per call is 6.5 minutes. The volunteer hours total more than 100,000. He thanked the County for their continued support. Carol Lorenz, Chief of the Orange County Rescue Squad, reported Rescue One was put into service and is well equipped. Improvements to the building have taken place with continuing efforts on recruitment of volunteers and increased membership. Lorenz commented that the working relationship between South Orange County and OCMS has been the best in history. She thanked the County for their continued support. Chair Willhoit commended both Rescue Squad Leaders for their leadership and continued efforts. 2. AFFIRMATIVE ACTION PROGRESS REPORT (A copy of this report is in the permanent agenda file in the office of the Clerk to the Board.) Beverly Whitehead reported the Affirmative Action program has been in effect for the past four (4) years with its primary purpose to insure that Orange County provides fair and equitable hiring and employment opportunities for its citizens. The program has two employment objectives -(1) that all persons hired by the County shall meet the stated qualifications for each position and (2) that the County work force will match as closely as possible the makeup of the County's labor force in race and sex. Beverly Whitehead reiterated the executive summary and noted that Orange County exceeds County wide the standards of availability with respect to minorities. In January, 1985, Orange County set forth department goals to be achieved during a five year time period. Beverly Whitehead described the process by which the placement goals were established which conform to the State of North Carolina guidelines. The placement goals established reflect changes necessary to assure that department work forces meet and/or exceed the labor force standard for each occupational category. Beverly Whitehead referred to the summary of the placement goals established for all departments that have areas of under representation. She indicated the data was based on the work force as of December, 1984 and summarized the progress made since that time. Commissioner Marshall questioned the goal of one minority employee for the Department on Aging. Beverly Whitehead explained the occupational categories and noted that when the number of staff is compared to the labor force standard for female and minorities, it results in one area of under- representation in office clerical with the goal of one minority. The senior citizen directors are still considered office-clerical staff. os� Chair Willhoit requested a list of the number of employees by grade level with the list being broken down by race and sex in comparison to the last report. F. ITEMS FOR DECISION 2. REVISED PRELIMINARY REPORT-EFLAND SEWER (A copy of the complete report is in the permanent agenda file in the office of the Clerk to the / Board.) Donald Cordell, P.E. Hazen & Sawyer Engineers, summarized key elements of the report for Phase I of the sewer improvements for Cheeks Township which is intended to serve the immediate planning area. Changes to the original McAdams' plan are as follows: (1) Change from a force main along US 70 to a gravity outfall along McGowan Creek. This will eliminate 75 feet of force main, and two pump stations. It will also serve as the key element to serve future growth along I-85 corridor and the transition area to the north, (2) Change from individual house pumps to a gravity collection sewer and a single pumping station which will discharge into the force main or be pumped back into another gravity section and back to Hillsborough. (3) Change from a pump station, resized by 75%, which would serve Efland Cheeks School and Efland Estates Subdivision to a station located on US70. (4) Change from a gravity sewer on Gaines Avenue from east to west to a gravity interceptor upstream on McGowan Creek, (5) Change from the line in back of the houses in Orange Heights to the existing right-of-way to avoid easement acquisition costs, and (6) Change from the original boundary lines to reflect the prevailing topography. He noted that McGowan Creek is classified A2 and nutrient sensitive. Land application could be used but would not be feasible because of the stringent monitoring requirements. He recommended going to Hillsborough instead of package plant. Cordell explained that costs have been increased in accordance with the costs in this area. The base bid will serve the Efland Cheeks School and Efland Estates Subdivision, and other low income areas. He identified the three alternates and indicated the associated costs: Base bid $ 1,104,000 Base Bid plus Alternate "A" $ 1,210,000 Base Bid plus Alternate "B" $ 1,285,000 Base Bid plus Alternate "C" $ 1,443,000 Base + Alternates "A" and "C" $ 1,369,000 He described a table showing the user charges and explained the data thereon. In answer to a question from Chair Willhoit about the monies from FaHA, Cordell explained that with the Base Bid, not all the money would be used; with Base plus alternate "A", the maximum amount could be drawn down. FaHA has indicated the maximum amount of money will be available to serve a smaller area than originally planned. In answer to a concern from Commissioner Marshall, Kenneth Thompson noted that Orange Heights is being considered by Hillsborough for annexation. A letter had been received from Mayor Sheffield requesting elimination of the tap fee for Orange Heights. 067 Commissioner Walker questioned the County's commitment to the 191 homeowners who signed the sewer agreement. Geoffrey Gledhill was unsure about whether the agreement allowed for any alteration to the project. The intent of the agreement was to build the project so that the homes in that area could be served. The agreement did not provide a time table. Mr. Cordell indicated that $1,287,000 is all that can be borrowed in any one year without a bond referendum. This would cover Base plus "A" and nBn Commissioner Marshall suggested allocating $75,000 instead of the original $50,000 to the project since it would cost $75,000 to repair the package plant at Efland Cheeks School. The cost to the project for Orange Heights would be $300 for each stubout and a collector system. Chair Willhoit stated there are few advantages of adding Alternate "A" or "B" because these two alternates do not serve any of the committed customers, although Alternate "A" would provide service for future development which would ultimately provide tap fees and monthly income. Chair Willhoit suggested as a way to recover some of the cost in running the line through Orange Heights would be to request the Town give the equivalent amount of money that the County would lose for not charging a tap fee to the project and turn over future tap fees to the system in that area until that amount of money is recouped. Kenneth Thompson indicated that a possible tradeoff would be for the County to waive the tap fee in Orange Heights in return for the Zhwn waiving the blanket tap fee which is in the rate structure at five cents of the $1.16 per thousand gallons to be paid back in thirteen years. Don Cox, Chair of the Soil and Water Conservation District Board, endorsed the proposed engineering plan. It would enable the County to serve those areas as designated and enable an economical way to provide sewer for everything north to Lebanon Church Road. He pointed out two long term impacts for the opportunities presented by options A, B, and C: (1) Residential development north of McGowan Creek and (2) The temporary problems of siltation draining into Corporation Lake and Lake Ben Johnson. With regard to the Neuse Basin and the nutrient sensitive aspects he suggested the possibility of small units of government or some utility supplier opting for land dispersion or secondary treatment affluent instead of stream dispersion whereby this affluent would be used as a resource. Chair Willhoit noted that while he does not object to land dispersion, the limited amount of time due to the consent order prevented the pursuance of this application. Carl Walters, representing the Orange County Planning Board, commented that the base plan is similar to that presented by McAdams. Alternate "A", "B"; or "C" extends into the water quality critical area and there is a policy not to extend the sewer into the water quality critical area. Walters asked that if Alternate "A", "B" or "C" is adopted that the Planning Board be requested to review the plan. Chair Willhoit questioned the line going into the water quality critical area and after reviewing the map it was determined that no connections would be made in the water quality critical area. 068 Commissioner Marshall indicated that Alternates "A", "B" and "C" do have planning implications and asked that if these alternates are considered that they be referred to the Planning Board for a reconv endation on the planning implications. The gravity sewer opens up the area to the north which is in the 20-year transition area. Chair Willhoit suggested going with the base and expanding the base by $50,000 to include as many of the committed customers as possible. Commissioner Marshall suggested meeting with Hillsborough to reach an agreement on Orange Heights. It was agreed to add $25,000 to the $50,000 committed for the school. Hazen and Sawyer will take the base bid, review the customers that have made a comanitment, and include as many of those as possible in the project that $75,000 will allow. Commissioner Walker expressed concern for those who have made commitments and will not be included in the first phase of the project and again questioned the commitment made by the County. Commissioner Marshall noted that if the County must serve all those who signed the contract agreement a referendum would be needed to do the project if done in one phase. It was a consensus that Hazen and Sawyer would present the report to FaHA indicating Orange County's commitment to go with the base bid and as many of the committed customers that 1.154 million will finance. The go-ahead for the engineering design will be postponed pending a final contract with the Tbwn of Hillsborough. Although alternates are not being considered at the present time, the plan be referred to the Planning Board for their comments. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adjourn the meeting until 10:00 p.m. , Monday, May 13, 1985. VOTE: UNANIMOUS. 3. PUBLIC HEARING-PRELIMINARY ASSESSMENT RESOLUTION FOR WILKINS DRIVE (A copy of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board.) The public hearing was opened to receive public convent on the Preliminary Assessment Resolution for Wilkins Drive. Helen Ray, Thomas J. Price, Sr. , Thomas J. Price, Jr. , and Francis Nichols spoke in support of the project indicating that increased vehicular traffic including school buses, sanitation trucks, etc. have caused increased dust and ruts in the road. WITH NO FURTHER CCMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Walker, seconded by Commissioner Carey to adopt the final assessment resolution for Wilkins Drive, accept the certificate of mailing offered by the Clerk to the Board, and schedule the public hearing on the Preliminary Assessment Roll for May 21, 1985. VOTE: UNANIMOUS. 4. HEART'S EASE SUBDIVISION (A copy of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board.) Susan Smith presented for approval the Preliminary Plan for Heart's Ease Subdivision. A 33 unit subdivision is proposed for 34.7 acres of land located on SR 1450 Craig Road in Eno Tbwnship. The property is partially located within Lebanon Township in Durham County. The request is for those lots wholly within Orange County. The property is located within an A-R area designated in the Orange County Land Use Plan. Commissioner Marshall questioned why this preliminary plan had not been submitted to Durham at the same time and Susan Smith explained that everything sent to the Durham Planning Department receives only continents; that nothing is taken to the Board. Commissioner Marshall noted the Board should not approve this request until such time that Durham has acted on it because they cannot build this until it receives Durham's approval. Susan Smith indicated they could go ahead and build the access road and develop the part in Orange County upon approval of the Board of Commissioners. The Durham Planning staff indicated no problem with the design or density of the project. Chair Willhoit questioned the lack of recreation in the design of the development. Susan Smith noted a requirement of a recreational area is not required in the Subdivision Ordinance. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the Preliminary Plan for Heart's Ease Subdivision. The developer indicated he had no intention to provide a recreational area; the individual lots will be sold. Chair Willhoit expressed a concern for the density of the development with a lack of recreational facilities. VOTE: AYES, 2; NOES, 3 (Chair Willhoit, and Commissioners Marshall and Carey.) Commissioners Walker and Lloyd expressed concern for turning down a project that meets all the requirements of the Subdivision Ordinance. Commissioner Marshall noted that by approving this development without the approval from Durham County could result in a problem for Durham County. Chair Willhoit noted that the lack of recreational area for a subdivision of this size is not in the best interest of the people who would live in the area. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to continue this item for consideration at the next meeting of the Board of Commissioners. VOTE: AYES, 3; NOES, 1 (Commissioner Walker.) NOTE: Commissioner Lloyd was out of the room at the time the vote was taken. 5. AMEND ORANGE COUNTY PRIVATE ROAD STANDARDS TO ELIMINATE REQUTREMENr FOR ROAD SIGN ON ROADS LESS THAN 500 FEET (A copy of the amendment is in the permanent agenda file in the office of the Clerk to the Board.) Susan Smith explained the purpose of this amendment to the Orange County Private Road Standards would be to eliminate the requirement for a road sign on Class C roads less than 500 feet in length. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to table this item in order to receive further information on the discussion of this item at the April 15, 1985 Planning Board meeting. VOTE: UNANIMOUS. 6. ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEXT AMENDMENTS (A copy of the advertisement is in the permanent agenda file in the office of the Clerk to the Board.) Commissioner Marshall requested that the definitions be included in the advertisement. No other objections were received. 7 STATE-LOCAL ACTION AGENDA, FALLS AND JORDAN WATERSHEDS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to (1) request the Planning Board and Planning Staff to complete their consideration of the hazardous materials inventory issue and report their 07C recom mndation to the Board of Commissioners and (2) to add to the May 28, 1985 Public Hearing a proposed amendment to the SubdivisioN pRpi,L),�Oce which W6_lil incorporate the 1/2" stormwater infiltration and the 50-foot stream buffer protection measures within the Falls and Jordan Watersheds. VOTE: UNANIMOUS. NOTE: COMMISSIONER WALKER LEFT THE MEETING AT 10:30 p.m. 8. ADDITION OF WINNINGHAM ROAD AND CAMP GROUND ROAD TO THE STATE MAINTAINED ROAD SYSTEM Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the addition of Winningham Road to the state-maintained road system and acknowledge receipt of the Camp Ground Road petition to the state- maintained road system. VOTE: UNANIMOUS. 9. HANDICAPPED RAMP 911 CENTER (A copy of the design is in the permanent agenda file in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the design and funding in the amount of $2,150 for ramp and slab for parking. VOTE: UNANIMOUS. 10. OLD COURTHOUSE CHANGE ORDER (A copy of the change order is in the permanent agenda file in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Chair Willhoit to approve the change order for the Old Courthouse in the amount of $6,231.50. VOTE: UNANIMOUS. 11. AGRICULTURAL EXTENSION SERVICE - MEMORANDUM OF UNDERSTANDING (A copy of the Memorandum of Understanding is in the permanent agenda file in the office of the Clerk to the Board.) After extensive discussion it was decided to change #5 to read as follows: "Determine jointly-between District Extension Chairman, County Extension Chairman, and County Manager--the selection to be made and the salary to be offered, taking into account its compatibility with salaries of other employees within the state and County." Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the Memorandum of Understanding as presented with the change as indicated above in #5. VOTE: UNANIMOUS. 12. SECOND YEAR FUNDING OF THE SCHOOL REPAIR/REPLACEMENT PROGRAM (A copy of the agreement is in the permanent agenda file in the Office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation made by the County Manager. VOTE: UNANIMOUS. 13. CETA REPAYMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize expending $7,453 from Commissioners Contingency Account to repay NRCD for 1978-79 disallowed CETA costs. VOTE: UNANIMOUS. 14. BUDGET WORK SESSION SCHEDULE There was a consensus to hold the budget work sessions as follows: 071 May 29, 1985 - 7:30 p.m. in Chapel Hill to hear the Chapel Hill School request. June 3, 1985 - 6:30 p.m. in Hillsborough to hear the Orange County School request. June 4, 1985 - 7:30 p.m. in Hillsborough - Public Hearing. June 6, 1985 - 7:30 p.m. in Chapel Hill - budget work session. June 17, 1985- 7:30 p.m. in Hillsborough - budget work session. June 18, 1985- 7:30 p.m. in Chapel Hill - Public Hearing. June 19, 1985- 7:30 p.m. in Hillsborough - budget work session. 15. BUDGET AMENDMENT'S Motion was made by Commissioner Carey, seconded by Commissioner Marshall to amend the 1984-85 budget ordinance as follows: GENERAL FUND Appropriation-Central Services $ 33,221 Source-Contingency $ 33,221 Appropriation-Chapel Hill-Carrboro Schematics & Design $ 48,452 Source-Transfer from school capital reserve $ 48,452 SCHOOL CAPITAL RESERVE FUND Appropriation-transfer to general fund $ 48,452 Source-remittance to school capital reserve fund $ 48,452 VOTE: UNANIMOUS. BCYM OF EQUALIZATION AND REVIEW The Board of Equalization and Review was called to order by Chair Willhoit. Kermit Lloyd reported there had been no sales within the 1,000-foot area around the landfill. The sales that have taken place from 1,000 feet to the 1/2 mile radius have shown no influence from the landfill. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to adjourn the Board of Equalization and Review for 1985. VOTE: UNANIMOUS. NOTE: The meeting was previously adjourned to 10:00 p.m. on Monday, May 13, 1985. Don Willhoit, Chair Beverly A. Blythe, Clerk