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HomeMy WebLinkAboutMinutes - 1975102899 Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved and adopted that the County send twc persons to the Energy Conference in Atlanta and that $350.00 be allocated from the Contingency Fund to these two representatives. Item #8 was deferred - (Honorable Dalton Loftin representing the New Hope Volunteer Fire Department. This group desires to borrow from the Farmers Hame Administration to construct a fire station. Agreement from the County that the County will levy the special fire tax to repay the lean is required.) Mr. Loftin was not present. Commissioner Walker moved that the remainder of the Agenda items be deferred until Tuesday, October 28. There being no further business to come before the Board, the meeting was adjourned to meet again on Tuesday, October 28, 1975. c~-~~~~.~,~ Flora Garrett, Chairman Betty June Hayes, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS October 28, 1975 The Orange County Board of Commissioners met in special session on Tuesday, October 28, 1975, at 7:30 p.m. in the Commissioners' Room at the Courthouse in Hillsborough. Members present were Chairman Flora Garrett, Commissioners Norm Gustaveson, Jan Pinney, Norman Walker, and Richard E. Whitted. Members absent were none. Other present were S. M. Gattis, County Administrator; Neal Evans, Fiscal Officer; William Blue, from the Firm of Winston, Coleman and Bernholz, County Attorneys; and Agatha Johnson, Acting Clerk. Chairman Garrett referred to Ttem #1 on the Agenda: Public Hearing - The Orange County Board of Commissioners will present to the general public recommendations of the Conveners for appointment to the Area Four Regional Board of Health. Recommendations for appointment to this Board will be received from the general public at this hearing. The Chairman announced that this was the time and place for the Public Hearing to set up a Health System Agency Board for Regions J and K and to receive from the public recommendations for appointments to this board. She informed the Board that Orange County had three members to the Conveners and requested Dr. William Cromartie, a Convener, to talk about the Convener's responsibility. Dr. Cromartie stated that North Carolina was responsible for implementing a new Federal Planning law. The Governor had appointed 15 persons to make up the Conveners and to represent a 11 county area surrounding Wake County. The Gonveners were divided into providers, consumers and elected officials (5 each). He stated that the main responsibility of the Convener group is to determine a process by which the initial Board of Directors of the Health Systems Agency is selected. Once the Board is selected, the Convener group is abandoned. He informed the group that it was required by law that 51$ of the Health System Agency Board and not more than 60$ of the Board be consumers. The number of members to the Board from each County is based on the ratio of population. ~©o He informed the Board that consumers are individuals who have no direct or indirect connection with the Health care industry. Dr. Cramartie explained that it was felt that County Commissioners should be responsible for selecting the members from their counties, although this proposal was never formally adopted, he was delighted that the Orange County Board had chosen to do so. Chairman Garrett asked Dr. Cromartie to discuss the difference between the Health Planning Council and the Health Systems Agency. He stated that the Health Systems Agency will assume the respon- sibility which the Health Planning Council now has, which is to expand - the Health Planning process and to determine the need in Health facilities. Health Systems Agency will provide more in the way of financial resources to carry out the activities, which involves deve- loping detailed plans for making health services available in the area and a plan to implement this plan. Dr. Dennis Barry,'General Director of North Carolina Memorial Hospital, spoke of other characteristics the new law required and the potentials the law provided. He stated that this law gave a more direct relation with HEw and would provide money for pilot pro- jests in health care. Dr. Harry Phillips, of the School of Public Health, stated that this was a complex and detailed bit of legislation. The law estab- lishes 10 priorities for health care. He spoke of a Coordinating Council which would devise a State plan. Mrs. Garrett stated that it was the opinion of the Conveners that two members of the Board come from the University and Hospital and these two would qualify as providers. She presented the name of Betty Campton, a practicing nurse and a convener; and Norman Gustaveson, an elected official and a member of the Health Planning Council. Dr. Cromartie reminded the group that counties could be repre- sented more fully through the creation of sub-area councils for each council. Norman ~^7alker recommended to the group the name of Anthony 5eaber, a medical researcher at Duke. He would be a provider. Ms. Harriet Baer, from the School of Public Health, UNC, Stated that she was speaking in behalf of Dr. Greenberg, Dean of the School of Public Health and she would like to propose the name of Dr. Harry Phillips as a provider. Ms. Vicky Rutter, from the UNC School of Nursing, seconded the nomination of Betty Compton and recommended the name of Frances Hargraves, as a consumer. The Chairman stated that the names of Lula Cotton and James Boyd had been submitted and that they would be consumers. Commissioner Pinney moved that the Berard accept the name of Norman Gustaveson as the elected official. Commissioner Whitted seconded this motion. All members voted aye. _ The Chairman declared that Commissioner Gustaveson was the elected official from Drange County to the Health System Board. Kathy Parker inquired about the combined representation of Memorial Hospital and the Medical School since they are now separate. Dr. Barry stated that since only 5 members are tc be appointed from Orange County that this should not be an issue. G ~ ~~ Liz Dicarlo offered the name of Dr. Jane Faley, Assistant Professor at Duke Medical School. She would be listed as a provider. Mrs. Garrett informed the group that the Conveners will meet again on November S, 1975, to present the names of the members to the Health System Agency Board. Paul Alston spoke of representation from across the Board - from the real consumer - people who understand the problems of health care. Chairman Garrett asked if anyone else would like to speak in __ behalf of anyone or nominate anyone. Commissioner Gustaveson recommended to the Board the names of Dr. Harry Phillips, Dr. William Cromartie, Betty Compton, Frances Hargraves and suggested that these names be passed on to the conveners for their approval. Chairman Garrett asked if there were other recommendations. Commissioner Walker offered the name of Dr. Anthony Seaber. Jan Pinney nominated Frances Hargraves as a consumer. Commissioner Walker seconded this nomination. The Chairman asked for discussion. It was stated that a biographical sketch would be required fzom each Board member and the Board wished to know if Ms. Hargraves would represent an economically disadvantage group? Ms. Hutter stated that Ms. Hargraves would so represent. The Chairman called for the vote. All members voted aye. The Chairman declared Frances Hargraves a member of the Health Systems Agency Board. Commissioner Pinney moved that Bonnie Davis be the second choice of the Board as a consumer to be the first alternate. Commissioner Walker seconded this motion. Discussion ensued as to whether or not Ms. Davis would be listed as a consumer or provider. The Chairman called for the vote. Commissioners Gustaveson, Walker, Pinney and Whitted voted aye. Chairman Garrett voted nay. The Chairman declared the motion passed. Commissioner Gustaveson moved that the Board name Dr. Cromartie, Dr. Philipps and Betty Compton as the providers to the Board. Commissioner Whitted seconded the motion. Commissioner Pinney offered a substitute motion that the Board vote on the three separately. Commissioner Walker seconded the motion. All members of the Board voted aye. Commissioner Pinney nominated Dr. Harry Philipps as a provider to the Board.. Commissioner Walker seconded the motion. All members of the Board voted aye. Commissioner Walker nominated Dr. Anthony Seaber as a provider to the Board. Commissioner Pinney seconded this motion. ~oz Voting aye were Commissioners Walker and Pinney. Voting nay were Commissioners Garrett, Gustaveson and P7hitted. The Chairman declared the motion failed. Commissioner Gustaveson nominated Betty Compton as a provider to the Health Systems Board. Commissioner Pinney seconded this motion. All members of the Board voted aye. The Chairman declared the motion passed and declared that Betty Compton was a provider for the Health Systems Agency Board. Commissioner Gustaveson nominated Dr. Cromartie as a provider to the Health 5ystems,Board. Commissioner Pinney seconded this motion. All members of the Board voted aye. Dr. Cromartie was declared a member of the Health Systems AGency Board as a provider. The Chairman stated that Dr. Philipps, Dr. Cromartie, Betty Compton, Frances Hargzaves and Norman Gustaveson would be the members from Orange County to the Health Systems Agency Board and that Bonnie Davis would be the first alternate. Commissioner Pinney moved that Anthony 5eaber be named as an alternate to the Board. Commissioner Walker seconded this motion. Discussion ensued among members of the Board regarding leaving the list open for alternates so that the Board might gather additional names. The Chairman called for the vote. Commissioners Walker and Pinney voted aye. Commissioners Garrett, Gustaveson and Whitted voted nay. The Chairman declared the motion failed. Dr. Dennis Barry nominated Vince Iiaval, a Hospital Administrator at N. C. Memorial and stated that Mr. Koval would be a provider. Commissioner Walker moved that the nominations be closed. The motion died for lack of a second. Commissioner Gustaveson asked that more be said about Jane Foley. Ms. Liz DiCarlo stated that she works with the Orange Chatham Mental Health and is an Assistant Professor at Duke Medical School. An unidentified male stated that 95$ of the names offered were providers and that probably other Counties were having the same problem in receiving recommendations for consumers. Commissioner Walker suggested that the Conveners pick whoever they wish to serve as alternates from the list provided by the Soard. Discussion ensued among members of the Board as to whether to leave the list open to receive additional names. Chairman Garrett stated that the Board had agreed to leave th list of alternates open and to seek additional names of consumers. X03 The Chairman referred to Item #3 an the Agenda: (Honorable Dalton Loftin representing the New Hope Volunteer Fire Department. This group wishes to borrow from the Farmers Home Administration to construct a fire station. Before approving such a loan the Farmers Home Administra- tion required agreement that.the County will levy the special tax necessary to repay this loan.) Mr. Loftin presented the following Contract for the Board's approval: "TH25 CONTRACT AND AGREEMENT, made and entered into this the 29th day of October, 1975, by and between the COUNTY OF ORANGE, party of the first part, also referred to as County and the NEW HOPE VOLUNTEER FIRE DEPARTMENT OF ORANGE COUNTY, INC., party of the second part, also referred to as Fire,Department; W I T N E S S E T H: THAT WHEREAS, N.C.G.S. fig-25.5 provided that counties may pro- vide for fire protection in a fire district by contracting with any incorporated nonprofit volunteer or community fire department; and WHEREAS, the new N.C.G.S. 159-13 (a) (8), which became effective duly 1, 1973, provides that the budget ordinance 'may be in any form that the Board of Commissioners of Prange County deems most efficient in enabling it to make the fiscal policy decisions em- bodied therein, but it shall be so organized that the accounting system will show appropriations and revenues by line items within at least the following funds:....(8) a fund for each special district whose taxes are collected by ...' the County of Orange; and WIiEREAS, the party of the second part is a nonprofit corporation organized for fire protection purposes; and WHEREAS, it serves a special tax district created by a vote of the people; and WHEREAS, it is desirous to make application to the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, hereinafter referred to as the Farmers Home Administration for a loan in the amount of $60,000.00; and WHEREAS, the County of Orange levys and collects the taxes and is responsible for appropriating said funds for the use and benefit of the citizens in the fire protection district; and WHEREAS, the County desires to grant a long-term contract to en- able party of the second part to make long-range plans; and WHEREAS, the County desires to standardize all its arrangements with Fire Departments in the County; NOW, THEREFORE, in consideration of the premises and the consider- ation of TEN DOLLARS to each the other in hand paid, the parties hereto contract and agree as follows: 1. The party of the first part contracts and agrees that it will cause to be assessed or levied a special tax of up to ten cents per one hundred dollar valuation of all real and personal property in the New Hope Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem taxes of the County of Orange; provided however, beginning with the fiscal year 1976 the amount levied annually shall be based an the needs projected in the budget estimate sub- mitted by the Fire Department to the County and approved by the County Commissioners. 2. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 3. That current taxes, as they are collected by the county, shall be paid to New Hope Volunteer Fire Department of Orange County, Inc., by the day of each month or as follows; 1.Q4 To be paid quarterly; that delinquent taxes shall be remitted quarterly. 4. The party of the second part shall provide the necessary equip- ment and personnel far furnishing adequate fire protection as deter- mined by the North Carolina Department of Insurance, Fire and Rescue Service Division, far all property located within the New Hope Fire District, and it will furnish said fire protection free of charge to all persons and individuals located in said District in an efficient and workmanlike manner. 5. That all funds paid to the party of the second part by the party of the first part shall be used exclusively to provide fire protection within said New Hope Fire District, and to pay other legitimate fire protection expenses including principal and interest on the afare- mentioned loan made by the Farmers Home Administration. 6. It is agreed that tie party of the first part may inspect all books and accounts far the party of the second part at any time that it shall desire; it is further agreed that the Fire Department will present to the County Commissioners an annual audit by a C.P.A. which audit shall be in conformity with existing audit policies of the County. 7. The party of the second part agrees to comply with County bud- . geting procedures and other procedures provided for by State Law and agrees to submit budget estimates to the Board of Commissioners on the standard forms used by county departments; the party of the second part also agrees to use standard line items for accounting devised or consented to by the County Accountant from time to time. 8. This contract shall expire an the first day of January, 2006. 9. The party of the second part further agrees to file with the County Auditor a true copy of the Articles of Incorporation, existing Bylaws and any changes made thereto from time to time; further, the party of the second part agrees to adopt bylaws which meet all minimum legal requirements and which bylaws, in addition thereto, have reason- able provisions enabling citizens of the community to participate in the affairs of the corporation at least an annual meeting and vest- ing in a Board of Directors the authority to manage the affairs of the corporation without a vote of the membership to the extent per- mitted by N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed by the Chairman of the Board of County Commissioners and attested by the Clerk of the County Board of Commissioners, and the party of the second part has caused this instrument to be signed in its name by its Chairman, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given." Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted that the Board approved the presented Contract and Agreement. The Chairman proceeded to sign the Contract. Item #~7 on. the Agenda was referred to by the Chairman: Consideration of the proposal from the Orange County Bicentennial Bikeways Task Force to have a bikeway added to the road being con- - tructed from Seawell School to Estes Drive. The Chairman read the following resolution: Bicycle Facility/Pedestrian Trail "whereas the bicycle is an efficient means of transportation with the rising cost and deminishing supply of fossil fuels, bicycle travel should be encouraged, and WHEREAS the bicycle is much used as a means of transportation for students traveling to and from Seawell and Chapel Hill High Schools in the Chapel Hill-Carrbora City School System, and ~~ 105 WHEREAS the Orange County Board of Commissioners is concerned about eliminating traffic congestion, and encouraging cost efficient means of transportation, and providing for the safety of pedestrians and bicyclists in the County THEREFORE BE IT RESOLVED that the Orange County Board of County Commissioners request the North Carolina Department of Transporta- tion to include a bikeway facility/pedestrian trail as a part of the construction of the new road to connect Ilomestead Road with Estes Drive Extension. DULY ADOPTED the 28th day of October, 1975." The Chairman recognized Dr. D. A. Otto, who stated that the Chapel Hill Board of Aldermen had endorsed the proposal presented to the Board previously. He stated that construction is proceeding rapidly and that the people in Raleigh should be talked with as soon as possible. Discussion ensued regarding discussing this item before the Secondary Roads Council in Raleigh an November 7. The Clerk was instructed to send the resolution to Mr. Rose and Mr. Budd in Raleigh and to write the Secondary Roads Council and request that an additional item be added to the agenda. Dr. Otto suggested that the Resolution be amended to read bike- way facility/pedestrian trail. It was agreed that Dr. Otto will make the presentation in Raleigh regarding the bikeway facility/pedestrian trail. Chairman Garrett called for a motion to adopt the resolution. Commissioner Walker moved that the presented resolution be adopted. Commissioner Finney seconded the motion. All members of the Board voted aye. The Chairman declared the motion passed. The Chairman called for a motion regarding the amended resolution. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that the resolution be amended as so suggested. The Chairman referred to Item #6 on the Agenda: Progress report on land use survey and County land use plan. The Chairman recognized Hal Minnis from the Flanning Department. Mr. Minnis stated that the Planning Department is currently work- ing on the needs assessment aspect of the planning process. The first step, gathering information about the social, economic, and natural characteristics of the County has been slightly delayed, partially be' cause delays in the 208 project at Region J which is furnishing some of - the information. He stated that the Planning Staff is still aiming for a State of the County Report by the end of the year. Research is under' way to determine location, rate, and types of development which are taking place. This will help up-date the existing land use study. Mr. Minnis stated further that Chris Edwards, with the Planning Board, is reviewing the zoning and subdivision regulations to suggest ordinance improvements and measures which might be implemented for -- critical areas in the County. Notebooks have been furnished to the Planning Board members to provide planning related information. Citizens' input to determine goals for the County has started with agency heads being interviewed. The process will also include joint meetings with the County Commissioners and the Planning Board. Commissioner Gustaveson inquired about scheduling a joint meeting with the Planning Board and Staff to consider the Growth Options Conf- erence. It was decided to set a date at the 1st Monday's meeting. ~~~ .'. Upan motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that $450.00 be appropriated from the Contingency Fiord to hire someone to help with the Land Survey. Chairman Garrett referred to Item 4~4 on the Agenda: Approval of a Statement of Intention to Apply for Funds far Library Construction. The Board reviewed a letter and Statement of Intention to Apply for Funds Application received from Mr. Osterman, Literary Trustee. Chairman Garrett questioned the $66,000. monies required from Orange County and the $95,000. required from Revenue Sharing. Commissioner Pinney stated that this was only a Statement of In ten ~ and that was a11. Commissioner Pinney moved that the Chairman sign the Statement of Intention to apply for funds. Commissioner Walker seconded the motion. Discussion ensued. Chairman Garrett inquired if Commissioner Pinney was saying that this money was available. Mr. Pinney stated that he was not saying that the money was available, but that the application was a Statement of Intention to apply for funds. Chairman Garrett called for the vote. All members of the Board voted aye. The motion was declared passed. Item 465 on the Agenda was referred to by the Chairman: Consideration of a Charter revision of the Triangle J Council of Governements, relating to weighted voting. The Chairman stated that Wake County has asked that weighted voting be made more specific in the Charter. She stated that she was in favor of the revision and read a memorandum from Pearson Stewart concerning the revision and the proposed resolution. 1. "BE IT RESOLVED by the Orange County Board of Commissioners that the charter of the Triangle J Council of Governments is hereby amended as follows: The last sentence of paragraph 2 of Article 8, Quorum and Voting Requirements, is stricken and the following two sentences substituted therefor: 'In the case of any weighted voting question delegates representing member local governments with at least two thirds of the aggregate votes of the member local govern- ments shall be present and participating. An affirmative vote of at least mao thirds of the votes cast shall be required to decide any weighted voting question.' 2. BE IT FURTHER RESOLVED that this charter change shall become effective upon its adoption by at least two' thirds of the participating governmental units in the Triangle J Council of Governments." Upon motion of Commissoner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the Board approve the Charter revision. The Chairman referred to Item ~i8 on th_e Agenda: Quarterly amendment to School Current Expense Budget. The Fiscal Officer, Neal Evans presented copies of the Budget Ordinance Amend- ment to the Board. "The 1975-1976 Budget Ordinance of Orange County as adopted on June 18, 1975, and subsequently amended, is hereby ames~3ed as follows: Increase the appropriation for the following line items in the funds indicated: Increase To Total School Current Expense: County schools 256,325 256,325 " School Capital Outlay: County schools 303,947 935,947 Increase the revenues and fund balances estimated to be available to meet the foregoing appropriations in the funds indicated: School Current Expense: Refund Revenues 122,395 122,395 Fund Balance ].33,930 133,930 School Capital Outlay: Refund Revenues 3,031 3,031 Fund Balance 300,916 300,916" 10~ Upon motion of Commissioner Whitted, seconded by Commissioner Pinney, it was moved and adopted that the Board approve the Quarterly Amendment to the School Current Expense Budget. The Chairman referred to Item 4~2 on the Agenda: Management Audit. Mrs. Garrett stated that she had talked with Auditor John ICee and he had informed her that the Board should have the audit as soon as it was available, however, there would be a management letter coming to the Board shortly. Commissioner Whitted stated that the Audit Committee had received a copy of the draft audit, however, it was not final. Commissioner Pinney questioned the Departments under the direct control of the Board. He stated that he felt there we'ze not enough people involved to warrant a management study. Chairman Garrett stated that she disagreed with Mr. Pinney's list, that there were many Aepartments which required the responsibility and control of the Board. Commissioner Whitted spoke of the personnel policy and procedures presented in the proposals. That these were for County employees regardless of how much con- trol the Board had. Commissioner Gustaveson suggested that the Board wait until they received the management letter and the audit. That there were a number of areas which the Board needed to discuss and could receive more light from these documents. Commissioner Walker moved that the $oard adjourn. Commissioner Whitted stated that he concurred with Commissioner Gustaveson's remarks that the Board wait. Chairman Garrett referred to an efficiency study which Winston-5alem had con- ducted. She stated that she felt same kind of study and policy direction would cause the County to be more efficient. The $oard agreed to wait until the management letter had been received. Mra. Garrett was called to the telephone at this point in the meeting. The Vice Chairman, Commissioner Whitted, continued to preside. Commissioner Gustaveson inquired of Mr. Gattis about the new telephone system. Mr. Gattis stated that Chapel HI11 numbers have changed, that they are now on a rotary switch and after 5:00 p.m. all three lines are connected into the Sheriff's Department. It is hoped that within the next few days, a direct line into the _ Sheriff's Department will go into effect. The meeting was adjourned. `_ ~0. ~. Flora R. Garrett, Chairman Agatha Johnson, Acting Clerk