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HomeMy WebLinkAboutMinutes - 19910107 1 1 APPROVED 1/22/91 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 REGULAR MEETING 4 JANUARY 7, 1991 5 6 7 The Orange County Board of Commissioners met in regular session 8 on Monday, January 7, 1991 at 7:30 p.m. in the Courtroom of the Old 9 Courthouse, Hillsborough, North Carolina. 10 11 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair 12 Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and 13 Don Willhoit. 14 15 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 16 17 STAFF PRESENT: County Manager John M. Link, Jr. , Assistant 18 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, 19 Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, 20 Purchasing Director Pam Jones, Health Director Dan Reimer, Planners 21 Emily Crudup, Mary Scearbo, and David Stancil, County Engineer Paul 22 Thames and Environmental Health Personnel Tony Laws, Ron Holdway and Tom 23 Konsler. 24 25 NOTE: All documents referenced in these minutes are in the permanent 26 agenda file in the Clerk's Office. 27 28 29 I. BOARD COMMENTS 30 Commissioner Halkiotis informed the Board of five recent deaths 31 in the County. He asked that a resolution for Jay Thomas, the first 32 fatality of Operation Desert Shield from Orange County, be written for 33 a future meeting. 34 Commissioner Gordon referred to the County Commissioners' retreat 35 of December 8th, and made a statement which is stated in its entirety 36 below. 37 "At the annual Board of Commissioners' Goal Planning Retreat on 38 December 8, I presented several goals which I believe were adopted by 39 consensus. 40 41 BUDGET 42 43 Increase efforts to promote efficiency and savings in Orange County_ 44 governmental operations 45 A. Identify positive incentives for savings in ongoing programs 46 funded in the continuation budgets of county departments and 47 also outside units receiving county funding. 48 All units should be encouraged to phase out older, less 49 productive programs and to identify more effective 50 methods of delivering services. 51 52 2 1 Note: My second suggestion, that the county consider the use of zero 2 based budgeting in some or all departments during the next fiscal year, 3 was not adopted. Adopting the suggestion requires more effort because 4 it involves starting each unit's budget at zero and evaluating all the 5 programs to see if they should receive funding. 6 7 GROWTH MANAGEMENT 8 9 Promote effective long range planning by compiling information which 10 gives an overall perspective on growth and development 11 12 A. Provide an infrastructure Impact Statement for each new 13 development in the county's jurisdiction 14 Each subdivision or other development utilizes some of 15 the capacity of the infrastructure, e.g. roads, parks and 16 recreation, and schools. For each development, the staff 17 would produce an Infrastructure Impact Statement which 18 would specify the extent to which a given development 19 utilizes some of this infrastructure capacity. 20 21 B. Work with Chapel Hill, Carrboro, and the Chapel Hill-Carrboro 22 school system to provide a School Capacity Impact Statement 23 for the Chapel Hill-Carrboro schools 24 The staff would work with these jurisdictions to obtain 25 relevant information for new developments in the city 26 school district so that the county can track the capacity 27 utilization in that district. 28 29 C. Provide a Fiscal Impact Statement for each development in the 30 county's jurisdiction 31 For each new development, the staff would produce a 32 Fiscal Impact Statement which specifies the anticipated 33 tax revenues projected for a development as well as the 34 projected cost of services and capital improvements to 35 be required by the development. 36 37 Commissioner Willhoit made reference to the day care issue. He 38 will provide a report for the first meeting in February on this 39 situation. He feels that the State should assist the day care centers 40 with funds until the Federal dollars are received. He asked that the 41 day care allocations to each center be reviewed. 42 Commissioner Insko asked that the report include how Orange 43 County compares with other Counties in providing for day care. 44 John Link indicated that the Day Care Task Force will be making 45 a request for money in February. At that time, Marti Cook will describe 46 the methodology by which day care is provided in the County and the 47 sources of funding. 48 49 II. COUNTY MANAGER'S REPORT 50 County Manager John Link gave a report on the Paul Scurlock 51 zoning situation. 52 • 3 1 Planner Jim Hinkley reported that as of 3 :55 p.m. this afternoon 2 that the property is still not in compliance. 3 Motion was made by Commissioner Halkiotis, seconded by 4 Commissioner Insko to proceed with the demand for civil penalties 5 against Mr. Scurlock for a zoning violation. 6 VOTE: UNANIMOUS 7 8 9 III. ADDITIONS OR CHANGES TO THE AGENDA 10 Item "B" was removed from the Consent Agenda and placed as item 11 "A" under Items for Decision. 12 13 Commissioner Gordon asked that the report on alternative sewage 14 treatment systems include a discussion on septic soil suitability and 15 ground water capacity. 16 17 IV. AUDIENCE COMMENTS 18 19 A. MATTERS ON THE PRINTED AGENDA - NONE 20 21 B. MATTERS NOT ON THE PRINTED AGENDA 22 Joyce Brown, citizen of Orange County and Chair of the Energy 23 Committee of the Conservation Council of North Carolina, read a written 24 statement which is in the permanent agenda file in the Clerk's Office. 25 In summary, she asked that certain materials be used by the County in 26 building a new human resources center in Southern Orange County. She 27 listed the advantages of using solar energy in this building. 28 John Kent, Chair of the New Hope Chapter of the National 29 Audubon Society Conservation Committee, stated that this group has 1200 30 members. He spoke in support of the statement made by Joyce Brown. He 31 feels that it is important that energy efficiency aspects are 32 incorporated into the new human services center. His Board supports 33 this effort. 34 Commissioner Insko asked that the next report on the new 35 Government Services Center address the list of items which are 36 appropriate for energy efficiency. 37 38 V. ITEMS FOR DECISION - CONSENT AGENDA 39 40 Motion was made by Commissioner Halkiotis, seconded by 41 Commissioner Insko to approve items A and C as stated below: 42 43 A. PURCHASE OF FIRE TRUCK FOR ORANGE RURAL FIRE DEPARTMENT 44 The Orange Rural Fire Department No. 1 was authorized to 45 conduct a public hearing at 7: 30 p.m. , January 24, 1991 at the 46 Hillsborough Fire Department building, 203 South Churton Street, 47 Hillsborough, NC for the purpose of receiving citizen comment on the 48 financing contract between Orange Rural Fire Department No. 1, Inc. and 49 Central Carolina Bank. 50 51 52 4 1 B. EMPLOYEE ASSISTANCE PROGRAM CONTRACT 2 This item was removed from the Consent Agenda and placed as 3 item A under the decision items. 4 5 C. EMPLOYMENT AGREEMENT - ORANGE COMMUNITY HOUSING CORPORATION 6 The Board approved the execution of an employment agreement 7 with the Orange Community Housing Corporation and its new Executive 8 Director and authorized the Chair to sign the document on behalf of the 9 Board. 10 VOTE: UNANIMOUS 11 12 VI. RESOLUTIONS/PROCLAMATIONS - NONE 13 14 VII. SPECIAL PRESENTATIONS - NONE 15 16 VIII. PUBLIC HEARINGS - NONE 17 18 19 IX. REPORTS 20 A. STATUS REPORT - RESEARCH TRIANGLE REGIONAL PUBLIC 21 TRANSPORTATION AUTHORITY 22 Shirley Marshall, member of the Triangle Transit Authority, (TTA) 23 reported that she has been appointed the official TTA liaison with the 24 TAC. She made reference to the widening of NC54 to four lanes and 25 stated that the TTA can help with possible solutions to transportation 26 problems. She feels it important to look at the different needs in 27 Orange County and work with the TTA for solutions. She made reference 28 to the final report of the Transportation Improvement Plan of the 29 Coordinated Area Transportation system. She feels that the TTA could 30 assist with the public transportation part of that plan. When the Aging 31 Board submits this report for Board adoption, she asked that the County 32 formally request the TTA to assist the County in obtaining pilot money, 33 grants, etc. The lack of transportation has been placed as a high 34 priority by several committees and agencies. 35 She stated that the DOT representatives for this district will 36 serve as exofficio members of the TTA. She asked that pressure be put 37 on these representatives to attend the TTA meetings. Their 38 participation is important. She asked that the County Commissioners 39 talk with their legislators about funding for the TTA. 40 Jim Ritchie, General Manager of the TTA, stated that the Transit 41 Authority is being formed with the intention of providing a service. 42 They will need help and assistance from the governing boards. He will 43 start by listening because each area in this Authority has different 44 needs. They will listen and formulate public transportation solutions 45 that are right for each of the various areas. He continued explaining 46 how the TTA would formulate solutions by taking into account the 47 diversity of the different areas. He asked that the Commissioners give 48 the Transit Authority their ideas, observations and complaints. As land 49 use zoning issues are considered, he asked that the Commissioners 50 consider public transportation. 51 52 • 5 1 B. ALTERNATIVE SEWAGE TREATMENT SYSTEMS 2 This item was presented to provide and summarize available 3 information on the reliability of alternative sewage treatment 4 technology. 5 County Engineer Paul Thames presented information about the 6 Hazen & Sawyer Report on Alternative Treatment Systems. He distributed 7 a handout which listed a case study summary on alternative treatment 8 systems as well as conclusions and recommendations from the report. 9 Paul Thames explained that a small wastewater treatment 10 system, in terms of the report, range in size from 4, 000gpd to 11 150,000gpd. This is the permitting size which is sometimes larger than 12 the size that is actually needed. 13 In answer to a question from Commissioner Gordon, Thames 14 explained that there are two kinds of discharge systems -- package 15 plants and septic tank/sand filter systems. The septic tank/sand filter 16 system has a conventional gravity septic tank which discharges into a 17 large container filled with sand. The liquid waste filters through the 18 sand and solids are removed. It also receives some additional treatment 19 from microbiological activity. The package treatment plant is a 20 prefabricated unit which uses many of the same treatment processes as 21 do larger municipal treatment plants such as Hillsborough's, OWASA's or 22 Durham's. 23 A discharging system discharges from a single point to the 24 surface waters. A nondischarging system can be spray irrigation onto 25 the surface of the ground or be injected by subsurface means. He 26 explained how the conventional septic system discharges into a 27 nitrification field. 28 Commissioner Halkiotis referred to a list of possible 29 problems which lead to violations of the operating permit and asked 30 about the validity of the statement that the technology of alternative 31 waste treatment processes is technically sound. Thames explained that 32 when a system is designed, the ultimate use of the system should be kept 33 in mind and that insuring the design is carried out as intended requires 34 that the designer monitor the construction to be sure it is constructed 35 correctly. What has happened is that the systems have been installed 36 without the designer monitoring construction. After the system was paid 37 for, the original design engineer was never involved again. The system 38 construction was turned over to the developer or contractor who had 39 other priorities for spending their money. The procedure now is that 40 all permits issued by the Division of Environmental Management require 41 systems to be designed by a professional engineer who must certify that 42 the system is built in accordance with the approved plans. In terms of 43 operation and maintenance, DEM looks at these systems once a year and 44 sometimes they don't even do that. On many systems when the maintenance 45 is neglected, they begin to fail. 46 Health Director Dan Reimer explained the proposed Monitoring 47 Program for alternative and conventional waste treatment and disposal 48 systems. He explained, with the use of overhead transparencies, seven 49 types of systems. He listed some of the responsibilities and the 50 department who has the authority for each of these seven systems and the 51 authority they recommend. 52 6 1 The County Commissioners questioned the report procedure used 2 by the State in their monitoring of these systems and asked that DEM be 3 requested to furnish copies of these reports to the Health Director. 4 Commissioner Gordon asked for some comparison data on all the 5 existing systems permitted by DEM in Orange County. This would include 6 how long they have been in existence, what the failure rate is, etc. 7 With regard to package treatment plants, Commissioner 8 Willhoit asked that a list be obtained of those systems which are self 9 monitored along with the monthly reports that have been submitted to 10 DEM to see if they are in compliance. The Health Department is not 11 aware of what happens to those reports or how they are processed. They 12 do know the location of all these systems. 13 Dan Reimer reported that there are 15,000 conventional 14 systems, 400 residential low pressure pipe systems, 20 engineered 15 systems, 40 non-single family dwelling systems, and six sludge disposal 16 sites in Orange County. 17 Dr. Bob Rubin, North Carolina State University, reviewed the 18 history, technology and reliability of alternative waste treatment 19 systems. He explained that the design criteria are how big the pipe 20 must be and how much water you have to get from here to there. 21 Performance criteria are protecting public health and environmental 22 quality in the County. He stated that the systems need to be monitored 23 more than four times a year to determine if a system is operating 24 properly. There must be some reliability and efficiency function built 25 into the design criteria. Flexibility must be built into waste 26 treatment systems. It is costly to design a system properly and to 27 install the system properly. It is costly to monitor and maintain these 28 systems if it is done properly. The first thing done when a permit is 29 obtained from the state is that a request is made for a wasteload 30 allocation. That wasteload allocation tells the design engineer what 31 level of treatment is required and that level of treatment is determined 32 by the quality of the receiving stream. The next step is to identify 33 pretreatment processes that would meet those limits. The design 34 engineer would then develop for that client an operation and maintenance 35 manual. All the systems that discharge to surface water require a 36 certified operator. The certification of that operator is dependant 37 upon the level of complexity of the treatment plant. The operator must 38 have a monitoring report to the State every month. He stated that every 39 county which utilizes type one through type six systems is going to be 40 required to have in place some kind of management entity to insure that 41 those systems are operated properly. With reference to risk management, 42 he stated that there are potential problems with every type of system. 43 He explained in detail some of these problems. To maximize risk 44 management techniques, the County can, when making inspections, look for 45 poor drainage, check pump levels, controls, etc. , and use preventive 46 maintenance. The County needs to have in place a spill control plan. 47 With reference to the Memorandum of Understanding he will provide to the 48 County Commissioners an educational package with what should be included 49 in a typical Memorandum of Understanding with the state. A workplan 50 also needs to be developed. The County would specify how they will do 51 what they say they are going to do in the Memorandum. 52 Commissioner Willhoit requested that someone be sent to 7 1 Raleigh for a list of those forty permits, their effluent standards and 2 their compliance records. Are they in compliance or out of compliance. 3 When that information in received, the Board can talk about a strategy 4 for moving forward. With regard to the 15,000 conventional systems, it 5 would be important to find out how old they are and put the educational 6 program in place. With knowing the status of these systems, an 7 inspection program can be initiated. 8 In answer to a question from Commissioner Gordon, Dr. Rubin 9 stated that typically the larger the system, the more components there 10 are and the more likelihood that the system will fail. 11 John Link stated that there is still the utility question. 12 The County cannot be owner and operator and also monitor the systems. 13 There is also a question of cost. This needs to be explored further. 14 It was clarified that of the forty systems permitted by DEM 15 that 10 are discharge and thirty are nondischarge. 16 Chairman Carey stated that the goal is to have a monitoring 17 and maintenance program for all systems. The Health Department has made 18 a proposal for such a program. The County must decide to what degree 19 they want the Health Department to be involved in this process. 20 Commissioner Halkiotis asked that the sludge sites be 21 identified as well as an accurate number of sites being monitored by 22 DEM. He requested some cost figures for implementing the monitoring and 23 maintenance program as proposed by the Health Department. 24 The Health Department will provide additional information at 25 a future meeting of the Board. 26 With regard to the question of providing a bond to cover 27 remediation, the County Attorney will investigate this question and 28 respond to the Board. Geoffrey Gledhill explained that the local 29 legislation that was approved for impact fees will provide the necessary 30 legislation for bonding. If the County asks for local legislation for 31 an impact tax, then that bill will need to be amended to allow for this 32 bond requirement. 33 Dr. Rubin will obtain some information on the programs in 34 Wake and Mecklenburg Counties and the cost for initiating these 35 programs. 36 Commissioner Gordon asked that as land use policies are 37 discussed, that the information on groundwater capacity and septic tank 38 suitability be reviewed. 39 40 41 C. REPORT ON PRELIMINARY AWARD - COMMUNITY DEVELOPMENT BLOCK 42 GRANT 43 Director of Housing and Community Development Tara Fikes 44 summarized that on October 19, 1990 Orange County submitted a Housing 45 Development Grant Application to the State requesting $175, 000 in CDBG 46 funds to be used for road construction/paving in the Chestnut Oaks 47 Habitat subdivision. The County has been notified of the preliminary 48 award of this Block Grant in the amount of $175, 000. A final award will 49 be made after the County addresses certain grant conditions within 90 50 days of the preliminary award. She listed these conditions and stated 51 the County will have no problems in meeting these conditions. The 52 County anticipates submitting all necessary documentation to the State 8 1 within sixty days. A grant agreement could be executed in April, 1991 2 and the project begun immediately thereafter. 3 4 X. ITEMS FOR DECISION - REGULAR AGENDA 5 6 A. EMPLOYEE ASSISTANCE PROGRAM CONTRACT (moved from Consent 7 Agenda) 8 9 Motion was made by Commissioner Insko, seconded by 10 Commissioner Halkiotis to approve the contract with Human Affairs 11 International at a cost of $9,820 to continue the Employee Assistance 12 Program through June 30, 1991. 13 VOTE: UNANIMOUS 14 15 XI. APPOINTMENTS 16 Motion was made by Commissioner Gordon, seconded by Commissioner 17 Halkiotis to appoint Gloria Berry-Holly and Sharlene Pilkey to the Cable 18 Citizens Advisory Committee as voting members and to appoint Donna Hales 19 as an alternate member of this Board. 20 VOTE: UNANIMOUS 21 22 Motion was made by Chairman Carey, seconded by Commissioner 23 Gordon to appoint Caleb Moore to the Personnel Advisory Board. 24 VOTE: UNANIMOUS 25 26 XII. MINUTES 27 Motion was made by Commissioner Insko, seconded by Commissioner 28 Halkiotis to approved the December 11 - Quarterly Public Hearing minutes 29 as circulated. 30 VOTE: UNANIMOUS 31 32 Motion was made by Commissioner Insko, seconded by Commissioner 33 Halkiotis to approve the December 18 - Special Meeting minutes as 34 circulated. 35 VOTE: UNANIMOUS 36 37 Motion was made by Chairman Carey, seconded by Commissioner Insko 38 to approve the minutes for the December 18 - Regular Meeting minutes as 39 circulated. 40 VOTE: UNANIMOUS 41 42 XIII. EXECUTIVE SESSION - NONE 43 44 XIV. ADJOURNMENT 45 With no further items to discuss, Chairman Carey adjourned the 46 meeting. The next regular meeting will be held on January 22, 1991 at 47 7:30 in the Franklin Street Post Office District Courtroom, Chapel Hill, 48 North Carolina. 49 Moses Carey, Chair 50 51 Beverly A. Blythe, Clerk 52