Loading...
HomeMy WebLinkAboutMinutes - 19920309APPROVED 4/21/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 9, 1992 The Orange County Board of Commissioners met in Regular Session on Monday, March 9, 1992 at 7:30 p.m. in the Courtroom of the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COIINTY ATTORNEY PRESENT: Geoffrey Gledhill BTAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Personnel Director Elaine Holmes, Budget and Management Analyst Donna Hamlet, Purchasing Director Pam Jones, Budget Director Sally Kost, Acting Commission for Women Coordinator Lucy Lewis, Administrative Assistant II Judy Meissenheimer, Recreation and Parks Director MaryAnne Moore, Department on Aging Director Jerry Passmore, Management Analyst Sharron Siler, and County Engineer Paul Thames. NOTE: All docoments referred to in these minutes are located in the permanent agenda file in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Two resolutions were added to the agenda -- one for Herb Stout and one for Brian Benson. Four additional applications were received for membership on the Library Board. The minutes for December 11 were deleted and will be placed on the next agenda. 11. AIIDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those citizens who wish to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON T8E PRINTED AGENDA 1. Susan Sexton stated that for the last six months she has been gathering information about the Animal Protection Society (APS) and the operation of the Animal Shelter. She feels that some of the County appropriation to the Animal Shelter is being spent for investigation of animal cruelty which is not included in the agreement the County has with the APS. She asked that the County require an audit. She stated she has a video which shows the kind of cooperation a citizen receives at the Animal Shelter. She has a lot of questions and asked that they be answered before the animal shelter budget is approved by the Board of County Commissioners. She asked that the Board meet with her to discuss this matter further. Chair Carey told Ms. Sexton that it is normal for matters like this to be referred to the County Manager for investigation and a report. He asked her to submit all questions to Mr. Link. Commissioner Willhoit noted that the County contracts with the APS and does not deal with personnel issues at the Shelter. The terms of the contract will be reviewed for next year. He asked for information on the total amount of services the APS provides including their inkind services. 2. Cheryl Franklin indicated she did not get to speak at the public hearing held on site 17. She lives on Millhouse Road and does not want the landfill in her area. She feels the people in this area have done their share and the burden should be placed elsewhere. She asked that the Board remove sites 3 and 17 from further consideration. Commissioner Willhoit informed Ms. Franklin that the Landfill Owners Group (LOG) will meet this Wednesday and will discuss the process used so far in siting a landfill. A public hearing is scheduled for March 18 on solid waste issues. BOARD COMMENTS Commissioner Halkiotis stated that a citizens informational workshop is scheduled by the Department of Transportation (DOT) to explain the northwest-northeast loop study. Gene Bell will attend this meeting and inform DOT of the Board's opposition to this proposal. PUBLIC CHARGE Chairman Carey read the public charge. III. ITEMB FOR DECISION - CONSENT AGENDA Item "C" was removed from the Consent Agenda and will be considered under item VIII.A.0 Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. BUDGET ORDINANCE AMENDMENT #11 The Board approved amendments to the 1991-92 Budget Ordinance as listed below and seven project ordinances. GENERAL FUND Source - Intergovernmental $ 115,501 Appropriation - Human Services 115,501 (To budget for additional Daycare Funding awarded to the Department of Social Services) Source - Intergovernmental $ 25,850 Appropriation - Contrib. to Outside Agencies 25,850 (To budget for VOCA grant funds awarded to the Rape Crisis Center). COIINTY CAPITAL RESERVE Source - Appropriated Fund Balance $ 78,000 Appropriation - Transfers to Other Funds 78,000 (To budget for transfer to Sewer Bottleneck Project). 8C8O0L CAPITAL RESERVE Source - Appropriated Fund Balance $ 98,724 Appropriation - Transfer to Other Funds 98.724 (To make a technical amendment in order to budget the transfer to the New Middle School). TRANSPORTATION ASSISTANCE PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized provides medical transportation to the elderly as well as health, employment and leisure trips to the handicapped as awarded to the Orange County Department on Aging by the North Carolina Department of Transportation. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Transportation and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Transportation Assistance $ 26,204 Section 4. The following amounts are appropriated for this project: Human Services - Transportation Assistance $ 26,204 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. This ordinance supersedes all previous Transportation Assistance Program Grant project ordinances. Section 9. This grant project ordinance is effective October 4, 1991. CARE MANAGEMENT PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the systematic assessment, monitoring, advocacy, negotiating and follow-up of older adults as awarded to the Orange County Department of Aging by the Triangle J Council of Governments and EDS. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the Triangle J Council of Governments and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Care Management $ 26,043 Section 4. The following amounts are appropriated for this project: Human Services - Care Management $ 26,043 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. This ordinance supersedes all previous Care Management Program Grant Project Ordinances. Section 9. This grant project ordinance is effective October 4, 1991. SEWER BOTTLENECK PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the completion of construction of a sewer system that will address the sewer bottleneck which exists at the intersection of Highway NC86/US 70A and Elizabeth Brady Road. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 78,000 Section 4. The following amount is appropriated for this project: Sewer Bottleneck Project $ 78,000 Section 5. This ordinance shall be in effect from the date of adoption until June 30, 1994. NEW MIDDLE SCHOOL CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the planning for the construction of a new middle school. The project will be financed by an appropriation from other capital projects within the Capital Project Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following transfers are anticipated to complete this project: Transfer from Chapel Hill High School Phase II Project $ 40,000 Transfer from Future Projects Reserve Project $180,000 Section 4. The following amount is appropriated for this project: New Middle School $220,000 Section 5. This ordinance shall be in effect from the date of adoption until June 30, 1992. CHAPEL HILL HIGH SCHOOL PHASE II CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the second phase of construction of classrooms and support areas at Chapel Hill High School. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following amounts are appropriated for this project: Chapel Hill High School Project - Phase II $ (40,000) Transfer to New Middle School 40,000 Section 4. This ordinance supersedes all previous Chapel Hill High School Phase II Capital Project Ordinances. Section 5. This ordinance shall be in effect from the date of adoption until June 30, 1992. FUTURE PROJECTS RESERVE CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for reserving funds for future Chapel Hill-Carrboro Schools capital projects. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following amounts are appropriated for this project: Future Projects Reserve $ (180,000) Transfer to New Middle School Project 180,000 Section 4. This ordinance shall be in effect from the date of adoption until June 30, 1992. EPHESUS ELEMENTARY PROJECT CHAPEL HILL-CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the construction of classrooms and support areas at Ephesus Elementary School. This project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital Reserve $ 1,637,711 Public School Building Capital Funds 245,680 Total $ 1,883,391 Section 4. The following amount is appropriated for this project: Ephesus Elementary School $ 1,883,391 Section 5. This ordinance supersedes all previous Ephesus Elementary School Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1992. B. AOTHORIZATION OF THE RSVP RENEWAL APPLICATION AND AGREEMENT The Board approved and authorized the Chair to sign the final RSVP application and to enter into an agreement with ACTION for the period July 1, 1992 through June 30, 1993. Total proposed grant is $86,337, with $35,645 from Orange County, $12,277 from Chapel Hill, $900 from Carrboro and $37,515 in Federal funds. C. ORANGE COIINTY HIIMAN SERVICEB TRANSP. BYLAWS REVISION This item was removed from the Consent Agenda and put as item VIII-A.0 D. WHITTED FOREST HOIISING DEVELOPMENT PROGRAM DEVELOPMENT AGREEMENT The Board approved and authorized the Chair to sign the Development Agreement with the Hillsborough Affordable Housing Corporation for the Whitted Forest Housing Project after approval by the County Attorney. E. VISITOR BUREAII The Board approved the creation of a permanent time limited visitor bureau position and added the classification of Visitor Bureau Director at a salary range of $29,000 - $42,000 to the classification and pay plan. F. BOND EDIICATION STEERING COMMITTEE The Board approved the formation and membership of a Bond Education Steering Committee as presented in the agenda abstract. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLIITIONS/PROCLAMATIONS A. DECLASSIFICATION OF HAW CREEK RESERVOIR AND WATERSHED John Link explained that this resolution asks that the North Carolina Environmental Management Commission deny the petition of the Orange/Alamance Water System to declassify the Haw Creek Watershed. In answer to a question from Commissioner Gordon, Paul Thames explained that during low flows the Eno Basin needs to keep all the water it can in the basin and the Capacity Use Agreement accomplishes that. Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the resolution as stated below: Mebane Planning Director Joff Coe asked that the Board delay action on this resolution to allow Mebane time to write a position paper on this issue. Paul Thames noted that DEM has requested the County~s position on this issue now. The Board agreed to go forward with this resolution, however, they would like to hear from Mebane on their position. RESOLUTION OPPOSING THE DECLASSIFICATION OF THE HAW CREEK WATERSHED IN ALAMANCE COUNTY WHEREAS, the Eno River is characterized by yearly low flow conditions in which the river, for extended periods, is incapable of sustaining the current water demand of the major users of Eno River waters; and WHEREAS, the NC Environmental Management Commission found the upper Eno Basin to exhibit the water usage and shortfall criteria necessary to be declared a Capacity Use Area; and WHEREAS, the NC Environmental Management Commission has elected to allow Orange County, the Town of Hillsborough, the Orange-Alamance Water System and Piedmont Minerals Company, Inc. to address the water shortage and water use problems in the upper Eno River Basin, on a trial basis and under supervision of the Division of Water Resources, by developing an agreement and a plan which specifies varying levels of maximum individual water withdrawal allocations and minimum instream flow requirements based on stream flow conditions and water storage remaining in Lake Orange; and WHEREAS, Orange County, the Town of Hillsborough, the Orange-Alamance Water System and Piedmont Minerals Company, Inc. have called the Eno River Capacity Use Agreement, which specifies water withdrawal allocations, instream flow requirements and management responsibilities; and WHEREAS, all parties to that Capacity Use Agreement were aware that Orange-Alamance uses approximately seventy-five percent of its water withdrawals outside of the Eno Basin and within Alamance County; and WHEREAS, assurances made to Orange County by the Orange-Alamance Water System as early as 1968 that Orange-Alamance would obtain water from the Town of Graham to supply the Orange-Alamance customers located in Alamance County during those times when the flow in the Eno River was so low that natural stream flow had to be supplemented by releases of water impounded in Lake Orange; and WHEREAS, assurances made to Orange County by the Orange-Alamance Water System as early as 1968 that Orange-Alamance would develop a water supply and treatment facility in the Haw Creek watershed sufficient to serve its Alamance County customers and would cease the interbasin transfer of water from the Eno River; and WHEREAS, the Towns of Mebane and Graham have entered into a water sales agreement with Orange-Alamance which requires that Orange- Alamance abandon plans for developing the Haw Creek water supply and request the declassification of the Haw Creek watershed as a protected water supply watershed so that it can be developed without the encumbrances entailed by watershed protection regulations, and which additionally requires that Orange-Alamance use its entire Capacity Use Agreement raw water withdrawal allocation from the Eno River prior to obtaining water from either the Mebane or Graham water .systems; and WHEREAS, the Haw Creek watershed remains a viable alternative for development of a water supply for Orange County, the Town of Hillsborough, the Orange-Alamance Water System or another water purveyor who could employ Haw Creek water supplies to provide water to western Orange County and compensate for the loss of water from the Eno Basin to the Haw Basin resulting from Orange- Alamance's use of water from the Eno to supply its customers in Alamance County; NOW, BE IT THEREFORE RESOLVED that the Orange County Board of Commissioners opposes the declassification of the Haw Creek watershed, strongly supports the Town of Hillsborough in its opposition to the declassification of the Haw Creek Reservoir and requests that the NC Environmental Management Commission decline the petition to declassify the Haw Creek watershed and; BE IT FURTHER RESOLVED that the Orange County Board of Commissioners request that the NC Division of Environmental Management classify the Haw Creek watershed with the highest watershed classification supported by the current land use in the watershed unless and until another water supply in the Haw River basin can be developed to compensate for the interbasin transfer of waters from the Eno Basin during times of low flow in the Eno Basin. VOTE: UNANIMOUS B. PROCLAMATION OF WOMEN'S HISTORY MONTH Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to proclaim the month of March, 1992 as Women's History Month in Orange County. The proclamation is stated below: THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history, NOW, THERE FORE, do we the Commissioners of Orange county, proclaim the month of March, 1992 as Women's History Month and commend this observance to orange County citizens. VOTE: UNANIMOUS C. ENO MOUNTAIN ROAD CLOSING; Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to adopt the resolution as stated below which declares the intent of the Board of Commissioners to close a portion of Eno Mountain Road. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A PORTION OF ENO MOUNTAIN ROAD WHEREAS, petitioners Tredmont, Inc. and Resco Products, Inc. have filed a petition before the Board of County Commissioners to close the portion of Eno Mountain Road (S.R. 1148) identified in blue on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned road"); and WHEREAS, it appears from the petition that the abandoned road, formerly under the control and supervision of the Department of Transportation, has now been abandoned by the North Carolina Department of Transportation as evidenced by the notification of abandonment which is part of Exhibit A to this Resolution; and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said road without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned road. That prior to a decision on the closing of the abandoned road, a public hearing shall be held in the courtroom of the old Orange County Courthouse, the regular place of meeting of the Board of County Commissioners, on the 4th day of May, 1992 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned road and shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. 153A-241. VOTE: UNANIMOUS D. PROCLAMATION OF MARCH 1992 AS MENTAL RETARDATION MONTH IN ORANGE COIINTY Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the proclamation as stated below proclaiming March, 1992 as Mental Retardation Month in Orange County. PROCLAMATION COUNTY OF ORANGE MENTAL RETARDATION MONTH WHE#2EAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and WHEREAS, during the month of March, 1992, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital employment, educational and fundraising campaign to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; NOW, THEREFORE, I, Moses Carey, Chairman of the Orange County Commissioners, on behalf of the County Commissioners do hereby proclaim the month of March, 1992 as Mental Retardation Month in the County of Orange, and urge all citizens to learn more about mental retardation and assist in improving the quality of life of citizens with mental retardation. VOTE: UNANIMOUS 8. ADDED ITEM - A RESOLUTION IN REMEMBRANCE OF HERB STOIIT AND A RESOLUTION IN REMEMBRANCE OF BRIAN BENSON Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below in remembrance of Herb Stout. RESOLUTION IN MEMORY OF HERB STOUT WHEREAS, Herb Stout served as a dynamic member of the Wake County Board of Commissioners from 1984 to his untimely death on February 18, 1992; and WHEREAS, Herb Stout was an innovative and exemplary Chairman of the Triangle J Council of Governments, the Geographic Information System Task Force, and the Model School Task Force for the Council, and served as president or chairman of numerous nonprofit and government organizations during his tenure as an esteemed public servant; and WHEREAS, Herb Stout was an energetic advocate for improved schools, water quality protection, better health and human services, increased low income housing, improved regional and county telephone service, federal funding assistance to federally mandated programs, and many other important issues; and WHEREAS, Herb Stout inspired many others to become involved in civic, educational and social service areas; and WHEREAS, we, along with his family, friends, colleagues, and constituents, shall deeply miss his spirited, creative, caring and generous nature; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of our colleague and friend HERB STOUT and urges all citizens to remember him for his commitment to public service which contributed to the quality of life in Orange County and the other Triangle communities and truly made the Triangle a better place because of his leadership. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below in remembrance of Brian Benson: RESOLUTION IN MEMORY OF BRIAN BENSON WHEREAS, Brian Benson joined the Triangle J Council of Governments in 1985 as a Senior Planner in Physical Development and was promoted to the position of Director of Land Use and Development, serving with distinction until his untimely death on February 18, 1992; and WHEREAS, Brian Benson worked diligently to coordinate local and regional planning issues and led the development of the Geographic Information System at the Triangle J Council of Governments; and WHEREAS, Brian Benson effectively staffed the Regional Appearance Commission and the Triangle Development Awards program and served on other regional committees concerned with land use, transportation, and community appearance; and WHEREAS, Brian Benson rendered distinguished service to Orange County as a land use and community development planner from 1978 to 1980, and authored successful Community Development Block Grants during each year of his tenure with the Orange County Planning Department, thereby contributing to neighborhood revitalization in the County; and WHEREAS, Brian Benson was a dedicated, energetic and highly talented professional who worked well with public and private leaders and planners all over the Triangle region; and WHEREAS, we, along with his family, friends and colleagues, shall deeply miss his cooperative, warm and kind nature; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of BRIAN BENSON and urges all citizens to remember him and his contributions to the people of Orange County and the Triangle region. VOTE: UNANIMOUS O. SPECIAL PRESENTATIONS - NONE VI. PIIBLIC HEARING AND/OR A DECISION A. 1992-93 COMMI88IONERB' GOALS AND BOD(3ET PRIORITIES Chairman Carey explained the process that was followed in formulating the Board's goals and budget priorities. This public hearing is on both the Board's goals and budget priorities for 1992-93. The Manager will make a recommendation on those goals and objectives which have budget implications in his proposed budget in May, 1992. Copies of these goals were sent to all the agencies who receive funds from the County including human service agencies, schools, and nondepartmental agencies, Dr. Philip Singer, Chair of the Health Board, presented a memo asking the Board of County Commissioners to consider those items which the Health Board feel are high priority. These include a plan of action for the Optional Wastewater Treatment goal which is becoming critical in order to meet the new state regulations which go into effect by July, 1992. He noted that the Health Department did not receive its community health needs assessment data from the state in time to prepare its Community Diagnosis for the Board of Commissioners' retreat in December. He asked that the County Commissioners meet jointly with the Health Board to discuss the priorities which were approved by the Board of Health on February 27, 1992 and to continue discussions on the monitoring, maintenance and assurance plan. Joyce Brown, speaking as a resident and citizen, emphasized that there is insufficient information on total water resources in Orange County including both surface and ground water. She supports the goal and plan of action regarding water resources both quantity and quality. Circumstances will determine what will happen if the County does not begin to develop an information base and make decisions with the most extensive knowledge possible on what exactly is the County's capability for present and future generations. She feels that to go forward with the Efland Sewer System without having knowledge of water and sewer capability could have serious environmental, economic and social effects. Long range planning is necessary for all resources based on all the information possible. Margaret Hol~fsn, representing the League of Women Voters of North Carolina, read a prepared statement. In summary she asked the County Commissioners to continue to support their strong Watershed Protection Ordinance and recommended that they establish a Water Resources Study Committee made up of citizen representatives. She stated that the League supports the three Water Resources Protection and Development Goals. They asked that the Board enlarge their Watershed Protection Goal to implement state mandated watershed protection standards and classifications by stating that the Board supports the Watershed Ordinance that is in place for University Lake and OWASA water. She hopes the Board will classify each watershed in Orange County to its highest level. Greg Gangi, regional and area representative for the Sierra Club, spoke about the importance of protecting the water supply and stated that the Sierra Club supports this goal. With regard to household hazardous materials, he feels that it would be appropriate to show a commitment to protect water quality by holding a household hazardous waste pickup day. He would like to see an educational program on recycling in the schools. Commissioner Willhoit made reference to a questionnaire that was published in the newspaper and also in the newsletter that goes out from the LOG and encouraged the Sierra Club members to get the word out about this questionnaire on interest in holding a household hazardous waste pickup day and the importance of returning this information. He supports an ongoing program for household hazardous waste. Lindsay Efland spoke on behalf of the Economic Development Commission. He supports the Board's goal to coordinate and study the various water and sewer providers in the County. They would like to see the Board of County Commissioners play an active lead-agency role in bringing about this coordination and mapping out the service areas. He feels it is important that people know what jurisdiction is going to serve them. Tom McCurdy asked that better seating be provided for the citizens in this meeting room. He supports the water resources quantity and quality study. He feels that there are a lot of separate objectives listed and that this study will coordinate these objectives. He feels that the optional wastewater system goal should not proceed until it is known where these systems can safely go. A lot of big picture items should be addressed by this study like where the potential water impoundments are, where the best high yield underground sources of water are, where can these alternative approaches be used, and what are the optimal institutional arrangements to obtain the needed water supply to handle effluent services in this county. Problems which should be addressed include the possible placing of the landfill next to Cane Creek, the Hillsborough water supply and reservoir problems, the pipeline between Chapel Hill and Hillsborough, the extension of sewer and water into the designated buffer area, the Efland sewer service, and the required utility service to designated growth areas. As a fiscal conservative he strongly supports the efficiency in government goal. Nancy Miller spoke on behalf of the League of Women Voters of Chapel Hill and Carrboro. They support stringent controls to protect the quantity and quality of water resources including protection of watersheds. They support the implementation of state mandated classification and standards for watershed and in particular endorse the highest possible classification for Cane Creek and the University Lake Watershed. They support regulation of wastewater discharge and limitation of development densities. They urge the citizens of Orange County to help develop watershed protection ordinances for the health and quality of life for everyone. John Hartwell spoke about affordable housing. He noted that the Habitat for Humanity organization has changed complexion and they now need to have an office. He explained that a few years ago Orange County gave to Habitat $25,000 for paving roads. This money has been returned to the County in the form of taxes paid on the housing that has been provided by Habitat. With regard to water resources he feels that implementing the state guidelines is actually taking a step backwards. Abetter goal would be to implement those things which are knowledge based. With regard to solid waste, he feels that instead of citing a landfill the County should find a site for a solid waste management facility. Mainly, the County needs to find a way to handle it, compost it, sort it and transport it to some destination. It should be located adjacent to other recycling businesses. He feels the County must first deal effectively with solid waste and then try to find a site to properly handle it. Commissioner Gordon stated that Mary Bushnell is interested in being on a task force for youth programs. She presented for the record a letter from Livy Ludington and a letter from Allen Spalt. In summary, the letter from Livy Ludington supported the goals the Board set for 1992-93. In particular she supports the goals on water protection. Allen Spalt emphasized the importance of water resources protection and development stating that water is and will remain among the most important issues facing the County. He also stated that implementing the "minimum standards" for watershed protection will not provide adequate protection. He feels that any plan to allow and/or encourage alternative waste treatment systems in the County must rely heavily on local inspection and enforcement. He asked that the goal for education meet the real education needs of each district. He urged the Board to proceed with creating agricultural districts which may preserve farms, and consider other means of preserving land for other uses through zoning, easements, purchase, etc. Commissioner Insko asked that the Chair support a joint meeting with the Health Board for the purpose of reviewing those priorities which were approved by the Board of Health on February 27, 1992. Commissioner Willhoit asked for the feedback on alternative wastewater systems as requested by the County Commissioners at previous meetings. THE PUBLIC HEARING WILL BE HELD OPEN FOR RECEIPT OF ADDITIONAL COMMENTS MADE DURING THE PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT GRANT APPLICATION. B. COMMUNITY DEVELOPMENT GRANT APPLICATION Tara Fikes presented the 1992 Community Development Grant Program for receipt of public comments. She stated that these comments received will be used to develop the CDBG application. She stressed the importance of identifying the needs that exist because the more need shown in the application, the higher the application will be ranked. Commissioner Halkiotis expressed a concern about identifying septic tank problems in that the Health Department will investigate these problems and shut down the systems until the situation is resolved. He has personally seen problems which exist. BENNIE CECIL of the Efland Community stated that there is a need for completing the sewer system in Efland. His septic system failed and he had to put in another system. He was told that it probably would not last very long. All sewage goes to the drainage ditch and then to Highway 70 to McGowen Creek and to the Eno River. They would like to work with the County in getting money to complete all phases in the sewage system. ROY MCADOO stated that he is interested in helping those who do not have water and sewer hookups. He will work in any way he can to resolve the situation. Some people are paying the $15.00 per month fee and do not have the service. He asked that the Board of County Commissioners support this solution to a bad situation. He noted that there are people who signed up but who cannot afford the cost of the lateral line to hook onto the system yet are paying the monthly fee. County Engineer Paul Thames stated that there was a tap fee for all initial hookups of $600 per household paid by the County for a potential 212 customers to the Town of Hillsborough. What the County did not pay was the cost of running the plumbing from the house to the sewer line. DAVID LINER, committee member for the Efland Sewer organization, poiinted out the need for completion of this sewer line. It is a health hazard and needs to be addressed as soon as possible. Some have the sewer line in front of their house but are not hooked up because of the cost involved. The CDBG money could provide the monies necessary to complete this line. There are a lot of businesses that have serious sewage disposal problems. It is a health hazard and they would like to see the Board of County Commissioners do whatever is necessary to complete this project for the present and future residents of Efland and those who live downstream. ANN HADLEY expressed support for a Community Development Block Grant to complete the Efland Sewer so that new customers could be added and thus lower their rates. She asked for the Board of County Commissioners help in completing this sewer line. BUSTER GRAHAM, property owner in Efland stated he believes this sewer system will help the quality of water. He owns a small mobile home park in Efland and has never had any problems. However, the United Methodist Church in Efland is not allowed to do the necessary renovations to provide for the handicapped because there is no room for a septic tank. He asked for the Board's help in securing a CDBG to finish the Efland Sewer line. ALICE MCADOO, representing the Council on Aging and the JOCCA Board, stated that they have a lot of senior citizens in the Efland area who are paying 25 or 30 dollars a month for water and sewer. She asked the Board to help all they can. She would like to see all the phases finished. They want to keep Efland beautiful. She asked the County Commissioners to support a grant. WALTER MCDADE, Efland resident, thanked the County Commissioners for what they have done up to this point. He has received the sewer line and is thankful. He supports whatever effort can be put forth to secure a CDBG and will do whatever he can to help. SHIRLEY OAKLEY made reference to the septic tanks which are failing and asked what will happen if the system is not finished for four or five years. A lot of the people do not have enough property to run the necessary lines. SAM ENGLISH stated there are a lot of senior citizens who hope they can eventually tap onto the water and sewer lines. There is water on top of the ground because the septic tanks are not working properly. WARREN SHANKLEY noted that there is water and sewage standing and draining into the Eno River. There are senior citizens on low income who cannot afford a new septic system. He would appreciate anything the County can do to get a grant. LARRY WARREN, lifetime resident, has a big problem with his septic system. There is not a lot he can do without infringing on other's property. He cannot do anything until they get the sewer. There is a lot of pride in the Efland community and it is a growing community with new houses which have increased the tax base. LINDSAY EFLAND indicated that the community appreciates what the Board of County Commissioners have done. They have enhanced the quality of life for many people and helped alleviate some of the health hazards in that area. There is still much to be done. As a community, they are willing to work with the Board of County Commissioners. There are real public health problems that still exist. A grant would be a wonderful way of dealing with these problems. He explained why it is costly to run a line to a house for sewer service. He also commended the Board for allocating staff time to this problem. He appreciates Mr. Thames' objective report. He pledged to work with them in solving this problem. The community stands with the Board of County Commissioners to explore all the options. If it is determined that this should be a sanitary district, then they will pursue that objective. SIM EFLAND indicated that the problem is the soil. It costs money to connect onto the line. It is important to use all avenues to get the highest and best use of that line and that takes money. This community would grow if this sewer line is finished. He would like to get Amtrack to stop in Efland. Another water resource for the northern end of the county is needed. WITH NO FURTHER COMMENTS, THE PUBLIC HEARINGS WERE CLOSED. VII. REPORTS A. KNOLLS NEIGHBORHOOD DEVELOPMENT ASSOCIATION John Link summarized the request from the Knolls Neighborhood Development Association. They asked the County to donate County owned surplus property in the Knolls Community to Habitat for Humanity to build housing for eligible low income citizens of the County. The property would be transferred to the Housing Authority for the purpose of using it for affordable housing. The Housing Authority would then give the property to Habitat for Humanity. John Link will bring back to the Board the appropriate process. B. REPORT - COMMIINITY IISE OF COIINTY PROPERTY DEBIGNATED FOR SALE Reference was made to a letter sent to Chair Carey from the Recreation and Parks Advisory Council. The Commissioners have expressed interest in selling the property it purchased for the solid waste collection site on Frazier road. The Recreation and Parks Advisory Council suggested that the County offer the use of the property for recreation purposes to the residents of the Perry Hills Subdivision while the sale of the property is pending. The agenda abstract outlined the procedure for leasing this property if that is the Board's decision. MaryAnne Moore noted that the problem with selling this property to the group is that this group is not an association or an identifiable entity and cannot afford to purchase this property. In terms of the liability of the lease option, the concerns are outlined in the agenda abstract. Chair Carey suggested that the Board indicate their willingness to work with the citizens of Perry Hills but that the Board is not prepared to transfer anything to the community since there is no entity or plan in place. There will be a recreational facility in Efland in the near future. C. ORANGE-PERSON-CHATHAM MENTAL HEALTH REPORT Tom Maynard highlighted the report. He stated that they served 16.5 more people last year with less money. He thanked the Board for their support and commended his staff. D. TRANSFER OF CABLE TV FRANCHISE FROM CAROLINA CABLE TO ATC John Link stated that on January 16, 1992, Carolina Cable formally notified the County of the pending sale of its cable television system to ATC. Carolina Cable also requested the Board's approval to transfer the franchise to ATC. ATC informed the County the acquisition may create difficulties with the rules and regulations of the Copyright Office. To avoid the difficulties, ATC has requested a modification in the existing cable TV franchise with Carolina Cable. The proposed modification would disenfranchise a small section of the County near the Alamance County line. The correspondence from Carolina Cable and ATC in the agenda highlights specific information about the sale and proposed modifications to the franchise. On February 19, 1992, the Cable TV Citizen Advisory Committee met with representatives of Carolina Cable and ATC. After an in-depth discussion, the committee developed the following statements and recommendations: 1) the committee found ATC to be an acceptable company to replace Carolina Cable; and 2) the committee has grave reservation about omitting a section of the County from the existing Cable TV Franchise. However, to make the transfer of ownership possible the committee recommends appiroval of the proposed modification of the Cable TV Franchise for the balance of the franchise period (February 26, 1996). Currently there are six members on the committee. The majority, four members of the committee voted in favor of the recommendation. Two members disagreed and have developed a minority report which is in the agenda packet in the Clerk's office. Since that time, the Assistant County Manager Albert Kittrell and County Attorney Geoffrey Gledhill have negotiated with ATC to address this particular area of Orange County that would be disenfranchised. ATC has agreed to provide free installation of "primestar" satellite system in lieu of future cable service to the proposed buffer zone. This satellite service would cost about the same as regular cable service. This report proposes that the Board approve the transfer of the cable TV franchise from Carolina Cable to ATC with the condition that ATC provide free installation of Primestar satellite system to residents in the buffer zone. This change in ownership will be on the March 24th agenda for first reading. The County Commissioners asked several questions. Randy Frazier explained that there are different copyright rules pertaining to satellite distribution signals. The reason why the contiguous rule is a problem is that under the copyright rules where systems are under common ownership and control and the franchises are contiguous they have to be treated as one cable television system. That would mean there would be two television mar)Cets -- the Greensboro market and the Raleigh-Durham market that would be under common ownership and control. These two TV systems have different television stations which are distant from each other. Payment would have to be made on signals that could not be received. The liability for that would be $5,000,000 a year. They do not incur that kind of liability for a satellite providing service to the home. The monthly fee would include the satellite equipment as well as maintenance and repair. ATC feels the proposed buffer zone is adequate to satisfy the copyright rules. There are 91 homes in that area or 9 to 10 homes per mile. Norman Vogel, Chair of the Cable TV Citizens Advisory Committee, stated that member Lawson Wynne expressed a concern that people living in the rural areas of Orange County will never be served by cable television. The technology does not permit it. The present rule is 30 homes per mile and in rural areas there are not that many homes per mile. Mr. Wynne feels that the only reasonable technology to provide multichannel service is through some kind of terrestrial transmission or satellite transmission. Obviously a lot of people have a satellite dish. The problem and the reason for his dissenting vote is that of programming. Programming is controlled by cable companies. He feels there needs to be legislation to free up programming so that it can be sold on a competitive basis to those who want to subscribe either through terrestrial multichannel transmission or through satellite transmission. As long as counties continue to approve cable services, programming and cable television will be controlled by fewer and fewer companies. Norman Vogel stated that the Chapel Hill Town Council voted to approve this request to transfer Carolina Cable's TV Franchise to American Television & Communications Corporation (ATC). He feels that ATC is a good company. It was the consensus of the Board to authorize the County Attorney to prepare the necessary cable TV franchise amendment for the March 24, 1992 regular meeting of the Board. VIII. ITEMB FOR DECISION - REGIILAR AGENDA A.0 ORANGE COUNTY HUMAN SERVICES TRANSPORTATION BYLAWS REVISION Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the revisions to the bylaws of the Orange County Human Services Transportation Advisory Board as presented in the agenda abstract except the change in the name of this board. VOTE: UNANIMOUS A. APPROVAL OF WINDOW ARTWORK FOR GOVERNMENT SERVICES CENTER Pam Jones explained that the architects contacted various groups within the County in an effort to determine the most appropriate scene for each category. The artists Michael Brown and Jim Rothbauer presented black and white sketches of the scenes intended for the panels. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the stained glass panels to be installed at the Government Services Center at a cost of $11,543. VOTE: UNANIMOUS B. HOME AND COMMUNITY CARE BLOCK GRANT The State Department of Human Resources has established the Home and Community Care Block Grant which will become effective July 1, 1992. Boards of Commissioners are required to designate an agency or office with lead responsibility for planning and coordinating the Block Grant Funding Plan. John Link explained that after several meetings with the Directors and members of the County Department on Aging Advisory Board it was agreed the County's block grant should be administered by a "lead agency team" with the County Manager's office serving as the team leader. The State also requires County Commissioners to establish and appoint members to a County Block Grant Advisory Committee. The Directors and representatives from the Aging Board agreed the County Block Grant Advisory Committee should be composed of the following nine members: one representative from Aging Advisory Board, Social Services Board, Board of Health and JOCCA Board; Directors of Aging, Social Services, Health, JOCCA and Assistant County Manager. David Moser, Director of Aging, Triangle J Council of Governments, should serve as exofficio member. The County Block Grant Advisory Committee would be responsible for developing and recommending an annual Block Grant Funding Plan to the Board of Commissioners. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to designate a lead agency team as stated above which will be responsible for the planning and coordination of the Home and Community Care Block Grant and the composition of the County Block Grant Advisory Committee. VOTE: UNANIMOUS C. ESTABLISHMENT OF WATER RESOURCES STUDY COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the establishment of the Orange County Water Resources Committee including the recommended Charge to the Committee and the committee structure and schedule. VOTE: UNANIMOUS to this Committee: D. ORANGE COUNTY SOLID WASTE COMMITTEE The Board of Commissioners adopted a resolution establishing an Orange County Solid Waste Committee at their regular meeting on January 21, 1992. Applications have been received and presented for the Board's consideration. After extended discussion, motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to annoint the followinct neonle Cheryl T. Williams Woodhall Stopford Sherry Dorsett Caleb Moore Carl Belcher Mark Marcoplos Dan Zipple Larry Reid Richard J. Marinshaw Joff Coe Betty Maultsby Don Willhoit VOTE: UNANIMOUS Cedar Grove representative Little River representative Cheeks representative Hillsborough representative Eno representative Bingham representative Chapel Hill representative Planning Board representative OC Health Board representative EDC representative League of Women Voters repres. County Commissioner Liaison Commissioner Willhoit suggested and the Board agreed that the representative from the League of Women Voters would serve as a liaison so that if the person appointed could not attend they could send another person in their place and that one additional person be appointed from Duke University to serve as a liaison representative. He stated that he would like to convene the first meeting of this committee. IB. BOARD COMMENTS - moved to the beginning of the agenda. B. COUNTY MANAGER'S REPORT - NONE BI. APPOINTMENTS RECREATION AND PARRS ADVISORY COMMITTEE Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the appointments of James Gillan, Jr. as the Eno representative for a term ending March 1, 1995 and William Watson as the Hillsborough representative for a term ending March 1, 1995. i ~~ VOTE: UNANIMOUS LIBRARY ADVISORY BOARD Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint Elon G. Eidenier and Alice J. Lunsford to this Board for their first term and Verla Insko as the Commissioners' representative. VOTE: UNANIMOUS %II. MINQT88 The minutes for December 11, 199 will be placed on the next agenda. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the minutes for February 24, 1992 as circulated. VOTE: UNANIMOUS RIII. EBECIITIVE BESSION Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to go into Executive Session to discuss a personnel issue. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Chair Carey to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS BIV. ADJOIIRNMENT With no further items for discussion, Chair Carey adjourned the meeting. The next regular meeting will be held on March 24, 1992 at 7:30 p.m. in the OWASA Community Room on Jones Ferry Road in Carrboro, North Carolina. VOTE: UNANIMOUS Moses Carey, Jr., Chair Beverly A. Blythe, Clerk