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HomeMy WebLinkAboutMinutes - 19940920 • 1 1 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 REGULAR MEETING 4 SEPTEMBER 20, 1994 5 6 The Orange County Board of Commissioners met in regular session 7 on Tuesday, September 20, 1994 at 7:30 p.m. in the Orange Water and 8 Sewer Authority's Community Meeting Room, Carrboro, North Carolina. 9 10 COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and 11 Commissioners Alice Gordon, Stephen Halkiotis, Verla Insko and Don 12 Willhoit. 13 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 14 STAFF PRESENT: County Manager John Link, Jr. , Assistant County 15 Managers Albert Kittrell and Rod Visser and Deputy Clerk to the Board 16 Kathy Baker (other staff members are identified appropriately below) . 17 18 NOTE: ALL ITEMS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 19 AGENDA FILE IN THE CLERK'S OFFICE 20 21 I. ADDITIONS OR CHANGES TO THE AGENDA - None 22 23 II. AUDIENCE COMMENTS 24 A. MATTERS ON THE PRINTED AGENDA 25 Chair Carey stated that citizen comment will be heard on 26 Item IX-B: Chapel Hill/Carrboro School District - Plans for New 27 Elementary School as follows: Ten (10) minutes each for the School 28 Board presentation, and for citizens speaking for and against the 29 funding plan. Citizens who want to speak to other items on the 30 printed agenda will be recognized at the appropriate time. 31 32 B. MATTERS NOT ON THE PRINTED AGENDA - None 33 34 PUBLIC CHARGE 35 Chair Carey read the Public Charge. 36 37 III. BOARD COMMENTS 38 Commissioner Insko requested that citizens speaking to the 39 school facility funding issue not present repetitive information. 40 41 Commissioner Halkiotis asked citizens to keep in mind that 42 their comments are being heard whether they speak for three minutes or 43 for an hour. 44 45 Chair Carey indicated that many letters and memos have been 46 received by the Clerk's office. These have been distributed to each 47 of the Commissioners. 48 49 IV. COUNTY MANAGER'S REPORT NONE 50 51 V. RESOLUTIONS/PROCLAMATIONS 52 A. Proclamation--Minority Enterprise Development Week 53 This item was presented by Chair Carey for the purpose of 54 proclaiming October 3-7, 1994, as Minority Enterprise Development Week 55 in Orange County as stated below: 2 1 ORANGE COUNTY BOARDOF COUNTY COMMISSIONERSPROCLAMATION 2 3 WHEREAS, the mission of the Orange County Economic Development 4 Commission and the Small Business and Technology Development Center is 5 to provide technical assistance and services to minority and women- 6 owned bubiness firms so that they will be able to develop contacts and 7 successfully compete in the marketplace; and 8 9 WHEREAS, during this week thousands of minority entrepreneurs, 10 corporate representatives and federal, state and local governments 11 will participate in activities in recognition of the success achieved 12 by minority business; and 13 14 WHEREAS, MED Week began in 1983 to recognize and celebrate 15 achievements of the country's minority entrepreneurs and the theme of 16 this year's MED Week is "Minority Business Strengthening America's 17 Competitive Edge"; and 18 19 WHEREAS, the objectives of MED Week include increasing minority 20 individuals' awareness of the benefits, risks, requirements, and 21 rewards to be obtained in owning a business; 22 23 NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of 24 Commissioners, do hereby proclaim the week of October 3-7, 1994 25 26 MINORITY ENTERPRISE DEVELOPMENT WEEK 27 28 in Orange County and call upon citizens to celebrate the outstanding 29 accomplishments made by minority-owned firms and to support minority 30 business developments. 31 32 This the 20 day of September, 1994. 33 34 A motion was made by Commissioner Willhoit, seconded by 35 Commissioner Halkiotis, to proclaim October 3-7, 1994, as Minority 36 Enterprise Development Week in Orange County. 37 VOTE: UNANIMOUS 38 39 VI. SPECIAL PRESENTATIONS - None 40 41 VII. PUBLIC HEARINGS - None 42 43 VIII. ITEMS FOR DECISION - CONSENT AGENDA 44 A motion was made by Commissioner Insko, seconded by 45 Commissioner Halkiotis, to approve those items on the Consent Agenda 46 as listed below: 47 48 A. BID AWARD--VOTING BOOTHS FOR ORANGE COUNTY BOARD OF 49 ELECTIONS 50 The Board approved awarding the bid to Business Records 51 Corporation of Clemmons, North Carolina for a total cost of $39,000.00 52 for three hundred (300) voting booths. One other bid was received 53 from Intab for $53,247.00. 54 55 B. LEASE PURCHASE AGREEMENT--VOTING EOUIPMENT • 3 1 The Board approved the lease purchase agreement, adopted 2 the following resolution and authorized the Finance Director to 3 execute all required documents, subject to review by the County 4 Attorney. 5 6 RESOLUTION 7 8 The Board of Commissioners (Governing Body) of Orange County, North 9 Carolina (Purchaser) has determined that it is necessary for the 10 Purchaser to acquire and install certain personal property ("Project") 11 for the Purchaser and to obtain financing for the Project through an 12 installment purchase transaction; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY: 15 16 1. Authorization of Financing. The Governing Board determines 17 that the financing of the acquisition and installation of the Project 18 pursuant to the terms of Installment Purchase Contract-Number Three 19 ("Agreement") providing for the installment purchase of the Project by 20 the Purchaser from Wachovia Leasing Corporation is in the best 21 interest of the Purchaser and such installment purchase financing is 22 authorized. 23 24 2. Designation. The Governing Body designates the obligations of 25 the Purchaser to make payments under the Agreement as non-qualified, 26 tax exempt, tax-exempt obligation; in accordance with the provisions 27 of Section 265 (b) (3) (ii) of the Internal Revenue Code of 1986, as 28 amended. 29 30 3. Further Actions. The Governing Body authorizes Ken Chavious, 31 Finance Director to execute and deliver the Agreement and any and all 32 other documents, instruments, opinions, and certificates necessary to 33 carry out the purposes of this Resolution and all such action 34 previously taken is ratified and confirmed. 35 36 4. This resolution shall take effect immediately. 37 38 C. C.A.T. AGREEMENT ADDENDUM 39 The Board approved and authorized the Chair to sign the 40 C.A.T. Agreement Addendum with Wake Opportunities, Inc. to increase 41 Head Start transportation to five days per week and to increase the 42 assigned drivers' hours accordingly. 43 44 D. ESTABLISH PUBLIC HEARING: CULBRETH PARK INTERIM 45 ASSISTANCE GRANT PROGRAM 46 The Board established October 18, 1994 as the Public 47 Hearing date to receive citizen comments prior to official closeout of 48 the Culbreth Park Interim Assistance (CDBG) Program. 49 50 E. LAND RECORDS MANAGEMENT GRANT 51 The Board accepted the grant and authorized the Chair to 52 sign the agreement subject to final review by the County Attorney. 53 54 F. REALIGNMENT OF STAFF HOURS IN THE COUNTY COMMISSIONERS' 55 OFFICE 4 1 The Board approved reducing the hours for one Assistant 2 to the Clerk position in the Clerk's office from 25 to 20 hours and 3 increasing the hours for the other position from 24 to 40 effective 4 October 10, 1994. 5 6 G. CHANGE IN MEETING TIME FOR THE ASSEMBLY OF GOVERNMENTS 7 MEETING 8 The Board approved changing the meeting time for the 9 Assembly of Governments meeting to 6:00 p.m. on September 29 at the 10 Homestead Community Center in Chapel Hill. 11 12 H. APPOINTMENTS 13 The Board approved the following appointments: 14 HUMAN RELATIONS COMMISSION 15 Leo Allison for a partial term ending 12/31/95. 16 Emilie Condon for a partial term ending 12/31/95. 17 CHAPEL HILL/ORANGE COUNTY VISITOR'S BUREAU 18 Raymond Strunk, Jr. , for a partial term ending 19 12/31/95. 20 COMMISSION FOR WOMEN 21 Cindy McMahon for a partial term ending 12/31/95. 22 23 I. MINUTES 24 The Board approved the minutes for the August 22, 1994 as 25 corrected. 26 VOTE ON CONSENT AGENDA: UNANIMOUS 27 28 IX. ITEMS FOR DECISION - REGULAR AGENDA 29 A. CABLE TV FRANCHISE RENEWAL PROCESS AND CABLE TV SURVEY 30 This item was presented by Bob Gwyn, Chair of the Cable 31 TV Advisory Commission, for the purpose of receiving approval for the 32 Cable TV Franchise Renewal Process and presenting the Cable TV Survey 33 results. Mr. Gwyn mentioned that Orange County has two cable 34 companies. Cablevision serves over 5500 homes in the Chapel Hill 35 area. CVI serves approximately 300 homes in Carrboro, Hillsborough 36 and Orange County. He said that people are passionate about TV and 37 about their cable service and that some people have a great tolerance 38 for inefficiency while others have a very low tolerance. Both of 39 these issue are reflected in the survey results. Out of 3000 surveys 40 mailed, over 30% were returned which is a very good rate of return. 41 Many citizens were satisfied, however, those who were not satisfied 42 were very dissatisfied. Several issues to be discussed with the 43 cable companies resulting from the survey results are (1) reasons why 44 are there neighborhoods which are only partly served, (2) customers 45 dissatisfaction with the cable box and (3) technical problems. 46 Approximately 68% of the respondents requested that County 47 Commissioners meetings be televised. 48 49 Commissioner Gordon requested further updating on the negotiating 50 process for the cable boxes. Albert Kittrell will supply additional 51 information as it becomes available. 52 53 Mr. Gwyn reported that the small satellite dishes being advertised 54 on TV are currently being marketed in Orange County. He indicated 55 that the disadvantage to Orange County and for public policy is that 5 1 these dishes offer only national programming. , He also mentioned that 2 the telephone companies are currently involved in litigation 3 requesting permission to transmit TV on their lines. Telephone 4 companies are likely to begin merging with the cable companies. 5 6 Commissioner Insko requested that information be gathered on 7 communities where cable companies are in competition with each other. 8 9 A motion was made by Commissioner Willhoit, seconded by 10 Commissioner Insko, to approve the Cable TV Franchise Renewal Process 11 with the understanding that dates for certain steps may be revised. 12 VOTE: UNANIMOUS 13 14 B. CHAPEL HILL/CARRBORO SCHOOL DISTRICT--PLANS FOR NEW 15 ELEMENTARY SCHOOL 16 This item was presented by John Link for the purpose of 17 considering the amount of financing the Board of Commissioners will 18 seek for the proposed Chapel Hill/Carrboro City Schools elementary 19 school. The Chapel Hill-Carrboro City School System would like to 20 secure construction bids for this project by November, 1994, with 21 completion of the facility for the summer of 1996, for opening in the 22 1996-97 school year. The General Assembly has authorized Orange 23 County to secure installment financing for new school construction 24 using certificates of participation (COPS) or private placement. The 25 procedures required by the Local Government Commission for both types 26 of financing are similar, although COPS can take up to one additional 27 month to receive the funds, and issuance costs are higher than private 28 placements. Private placement financing issuance cost is lower, but 29 the County is limited to a maximum amount of $10 million of tax-exempt 30 debt using this financing mechanism. Once the Board of Commissioners 31 determines the amount to be borrowed for the construction of this 32 school, securing the financing will take approximately two months. 33 The Board must first adopt a resolution authorizing staff to proceed 34 with the financing request for proposal (RFP) process. 35 36 Superintendent Neil Pedersen commented on the need, size and 37 design, cost and funding strategies for the proposed school. The 38 capacity of the six elementary schools is 3150, excluding mobile 39 classrooms, Enrollment in the elementary schools stands at 3662 today 40 and is projected to increase to 3931 by 1996-97. There are 19 mobile 41 classrooms on the elementary campuses at this time. He indicated that 42 if more space were available, schools would reallocate funds to reduce 43 class size. At the present time, it is not an option for schools to 44 decrease class size. The school size was determined by a committee 45 composed primarily of professional educations in the district. They 46 defined the activities in which students and staff engage in an 47 effective school so that the architects could design a facility to 48 meet these needs. The original recommendation was for the facility to 49 have 150,000 sq. feet. This figure was reduced to a final number of 50 98,000 sq. ft. The basic need for teachers to organize their 51 classrooms around learning centers or stations was an important part 52 of the design. Kindergarten and first grade rooms consist of six to 53 eight centers, each designed to teach different concepts and to draw 54 upon different dimensions of intelligence. Also, classrooms must be 55 able to accommodate a combination of adult instructors, including a 6 1 teacher, assistant teacher, parent volunteer, individual assisting a 2 wheelchair bound student and/or a student teacher. The cost of $75.71 3 per sq. ft. appears to be less dependable as figures come in from 4 other school districts. In order to stay within this figure, it will 5 probably be necessary to reduce other line items. The County's Impact 6 Fee will be used to partially fund this facility. The remainder will 7 come from the Chapel Hill-Carrboro School Systems pay-as-you-go 8 budget. 9 10 Mr. Bob Stocking, Chapel Hill-Carrboro City School System's middle 11 school Technology co-ordinator, stated that this is not an extravagant 12 proposal. It is a school in which students and educators would enjoy 13 learning and working. The physical plant is welcoming and effectively 14 designed. Teams of teachers are assigned rooms and may plan how to 15 best use the space. Elective teachers will not feel they have no 16 space. Office space and phones are available for the first time. 17 These basics are necessary for effective teacher/parent interaction. 18 This proposed elementary school makes the statement that 19 "professionals work here". 20 21 Chair Carey said that ten (10) minutes of comment in support and 22 ten (10) minutes in opposition to this proposal would be allowed. 23 24 Gene Cole, a member of Putting Children First, spoke in opposition 25 to this proposal. He mentioned that the design awards won for the 26 McDougal School are elitist. He feels there is a need for safe 27 schools, not award winning schools and that the school system is 28 behaving like a spoiled child. He requested that the fifth graders be 29 moved to the middle school while the overall issue is studied further. 30 31 32 Peter Morcombe spoke in opposition to this proposal. He indicated 33 that in his dealings with the school administrators regarding the 34 flooding of this property, he found them to be fiscally irresponsible 35 administrators and lacking in ethics. He showed a video of the 36 destruction caused by the construction of the McDougal Junior High 37 School. He requested that the Board of Commissioners provide more 38 oversight of these funds. He asked that a bond referendum be used and 39 that "0" based budgeting be considered. 40 41 John Reinhardt spoke in opposition to this proposal and requested 42 that the proposed school be funded through a bond referendum. He 43 requested that the school system seek awards for their curriculum 44 rather than their school designs. 45 46 Alan Belch spoke in opposition to this proposal. He acknowledged 47 that the school system is growing but feels that the plan to mortgage 48 property and use certificates of deposit is fiscally unsound. He 49 requested that serious consideration be given to remodeling Lincoln 50 Center for use as a school site and/or placing the 5th graders in the 51 middle school for the next several years. He also suggested that a 52 plan for school buildings which will be needed over the next five (5) 53 years be presented as a bond package to the voters in the spring or 54 summer of next year. 55 7 1 Bill Estram spoke in opposition to this proposal. He stated that 2 he has been an educator for 36 years and does not believe that the 3 educational facility has an impact on the quality of education. He 4 feels that learning takes place when motivation meets readiness. 5 6 Vicki Boyer spoke in support of this proposal. She stated that 7 there is a need to build quality schools for the future. It is 8 important to have the tools of the future to prepare children for that 9 future. 10 11 Nancy Salmon spoke in support of this proposal. This school was 12 identified as an immediate need in 1991 and will be used for many 13 years. A quality education needs a facility that is built to 14 standards higher than the minimum. 15 16 Harvey Goldstein, PTA Council President, spoke in support of this 17 proposal. He mentioned that parents who understand the needs of the 18 students and the school system will support this proposal. It is a 19 good investment to build a school for the future and this one is 20 designed to prepare children to be competitive in the global market 21 place. Iinvestment in good education will pay for itself in tax 22 revenue returned on this investment in our citizens. 23 24 Betsy Barrow, a teacher at Sewell Elementary and a citizen of 25 Orange County, spoke in support of this proposal. She was a member of 26 the Educational Specifications Committee and worked hard to plan a 27 school that would work in the 21st Century. The design for this 28 school puts children and education first. 29 30 Louise Cole spoke in opposition to this proposal. She requested 31 that the School Board consider the renovation of Lincoln Center and 32 the merger of the two school systems. She felt that the local 33 economic indicators needed to be taken into account. IBM and Northern 34 Telecom are both downsizing which could mean the student population 35 will not grow at the rate anticipated. 36 37 Gerald Mee spoke in opposition to this proposal. He requested that 38 the School Board conduct an independent audit of its general business 39 practices, its project management process for major construction and 40 technology transition programs, and technical direction. He felt that 41 projects are not being managed well. In his study of information 42 supplied by the school system he has concluded that many problems 43 exist in how these projects are handled. These problems include 44 missing files, State procurement procedures being set aside, 45 incomplete documentation, and an absence of line item pricing. He 46 suggested that one person in the school system be responsible for the 47 task based management and that line items need to be available for 48 citizen review. 49 50 Pam Frees spoke in support of this proposal. The increased space 51 will allow this school to become a multi-track school. Many items, 52 including the computer labs and dance rooms, have been eliminated. 53 The building is designed for flexibility of use and she felt that 54 citizens in Orange County are demanding a quality school. 55 8 1 Sarah Stewart, a member of the Chapel Hill-Carrboro Federation of 2 Teachers, spoke in support of this proposal. She stated that the 3 school system is extremely overcrowded and this school is needed 4 immediately. It costs more to build in Chapel Hill than in other 5 parts of the state. She asked that the Board of Commissioners and 6 citizens support this proposal. 7 8 Commissioner Halkiotis stated that the issue of affordability needs 9 to be addressed. This must be discussed in depth. He suggested that 10 the Manager and Superintendents or the Board of Commissioners and 11 School Boards meet to discuss this issue. He mentioned that when the 12 ninth (9th) graders came to Orange High School, they came without 13 furniture and it took six (6) years of replacement money to rectify 14 that problem. It is not good for Orange County that the Chapel Hill- 15 Carrboro School System is battling for the top of the line while the 16 Orange County system is doing without needed furniture. The 17 polarization is not good. Differing opinions need to be respected and 18 solutions worked toward. The 18 issues raised by Department of Public 19 Instruction (DPI) need to be taken into account in the planning for 20 this and future schools. 21 22 Superintendent Pedersen stated that the DPI recommendations are 23 always addressed. Those that indicate the building would not be in 24 compliance are corrected as a matter of course. The other 25 recommendations are carefully considered as well as the needs of this 26 particular system. 27 28 Wayne Roberts, of Roberts & Associations, stated that he is the 29 architect for this project. The letter from DPI is a normal part of 30 this procedure and each item will be considered carefully. Any item 31 which must be changed for plan approval will be automatically 32 corrected. All other suggestions will be carefully considered. He 33 mentioned that a PE playfield has been included in the plan, venting 34 has been included for all spaces above insulation, the principals 35 office has been located near the public access making it convenient 36 for parents. 37 38 Commissioner Insko asked for a report on all suggestions which DPI 39 indicated were necessary for plan approval. She mentioned that the 40 use of Lincoln Center was considered and rejected over 20 years ago. 41 She spoke in support of lower teacher/student ratios and flexible use 42 buildings. 43 44 Commissioner Gordon stated that she has been advocating the need 45 for design standards for the schools for some time. A natural 46 division point to do that is after this group of four (4) schools 47 (McDougal Jr. High, New Hope Elementary, the High School and the new 48 elementary school) has been completed. She mentioned that the Capital 49 Needs Advisory Committee discussed the need for the $10 Million for an 50 elementary school with $1 Million for technology and that the School 51 Board plans on that amount. The community is growing, both in the 52 north and south, and there needs to be a plan for the future of these 53 students. 54 55 Commissioner Halkiotis said that he would not vote for this • 9 1 proposal. He felt that now is the time for a review of building 2 needs. A clear message needs to be sent about what "we can, and what 3 we cannot, " afford. 4 5 Commissioner Willhoit stated that the Lincoln Center was not an 6 acceptable facility for student. Also, it is being used by Head Start 7 as well as the school administration. He recommended continuing its 8 present use. He requested that a series of work sessions with the 9 school boards be added to the Board of Commissioners' meeting calendar 10 for 1995. 11 12 Chair Carey stated that the School Boards have been encouraged to 13 design and build facilities that have a variety of uses for the 14 community. That type of design will cost more than building 15 facilities that meet the State's basic standards. He mentioned that 16 the ranking of the RTP area as the #1 place to live in the United 17 States has caused the number of phone calls to go from 300 to 3000 per 18 day at the Chamber of Commerce. 19 20 John Link recommended that the Board of Commissioners approve the 21 amount of $9,999,999.00. The remaining amount would be financed within 22 the Capital Improvements Program (C.I.P. ) . The Schools tax money 23 could also be used to pay the shortfall. 24 25 Ken Chavious indicated that two options were being presented so 26 Orange County could pursue the issuance of the debt through private 27 placement if that appears to be the least expensive option at that 28 time. 29 30 A motion was made by Commissioner Gordon, seconded by Commissioner 31 Insko, to authorize up to $10. 6 Million dollars expenditure through 32 the use of Certificates of Participation, with the understand that if 33 the remainder of the debt could be financed through private placement, 34 with the concurrence of the school Board, then that option will be 35 pursued. 36 VOTE: AYES: Chair Carey, & Commissioners Gordon, Insko and 37 Willhoit 38 NAYES: Commissioner Halkiotis 39 40 C. PRESENTATION OF FINAL DESIGN OF SOUTHERN HUMAN SERVICES 41 CENTER 42 This item was presented by Pam Jones for the purpose of 43 receiving feedback on the status of the Southern Human Services Center 44 Project and to approve the design. Mark Zack, project architect with 45 Hakan/Corley and Associates, presented the site plan, the floor plan 46 and the renderings of the preliminary building elevations. He 47 indicated that the next stage of this process is to determine what 48 recycled materials will be used in the construction. In response to 49 several comments about the color of the bricks, he indicated that he 50 would change the color to soften the visual effect prior to the next 51 presentation to the Board of Commissioners. 52 53 A motion was made by Commissioner Insko, seconded by Commissioner 54 Halkiotis, to receive the information and endorse the plan presented. 55 • 10 1 VOTE: UNANIMOUS 2 3 D. SEWER EASEMENT AGREEMENT WITH HILLSBOROUGH 4 This item was postponed. 5 6 E. PINEY MOUNTAIN GRANT FUNDING PROPOSAL 7 This item was presented by John Link for the purpose of 8 providing to the Board of Commissioners, for their final review, the 9 revised agreements outlining the terms and conditions whereby the 10 County, for purposes of securing a state construction grant for the 11 extension of municipal utility service to the Piney Mountain 12 subdivision, agrees to temporarily own and cause to have constructed - 13 by means of a contract with OWASA - the main Piney Mountain sewer pump 14 station and the force main connecting the Piney Mountain and Durham 15 Systems. John Link indicated that action by the Board of 16 Commissioners is not necessary for the State to act on the Grant. The 17 application and possible CETA funds are for $90, 000. 00. 18 19 Geof Gledhill stated that the Piney Mountain system is an 20 integrated system and is experiencing failure in each of its three 21 components. The nitrification fields, ground absorption/collection 22 system and the step systems have all failed in some part. The grant 23 intends to fix each of the systems and to help in the repair to insure 24 that Orange County does not have problems with the system while it is 25 the owner and that it does not pass on problems to OWASA. He 26 indicated that it was his and the view of John Link and Paul Thames 27 that Orange County should play a role in helping the Piney Mountain 28 Subdivision home and lot owners get their sewer system repaired and 29 connected to public sewer but only if the repairs and connection can 30 be done correctly and completely. The proposal outlined in his 31 September 20, 1994 abstract accomplishes those goals. The important 32 specifics were outlined in a letter to the Board of Commissioners, 33 dated September 15, 1994. The 11 points are listed below: 34 35 1. Orange County will own the new force main and pump station 36 connecting to Durham's public sewer system. 37 2. Orange County will own the Piney Mountain Subdivision collection 38 system. 39 3. Each Piney Mountain property owner will own the STEP system 40 serving their home or its replacement. 41 4. Orange County will apply for a High Unit Cost Grant from the 42 Environmental Management Commission for the construction of the force 43 main and pump station. 44 5. The Piney Mountain Homeowners' Association will fund the 45 construction of the new force main and pump station and any needed 46 repairs to the collection system and individual home STEP systems. 47 6. Grant money will be used for the construction of the force main 48 and pump station. 49 7. OWASA will oversee the design, permitting and installation of the 50 force main and pump station, the collection system, each existing STEP 51 system repair or replacement and the design, permitting and 52 installation of all new connections to the collection system. 53 8. The Homeowners Association will deposit with the County, at the 54 time of execution of the agreements among the County, OWASA and the 55 Homeowners' Association, the funds estimated to be necessary to • 11 1 construct the force main and pump station and to correct and make the 2 collection system operational with the new force main and pump 3 station. 4 9. The Homeowners' Association will deposit with the County the funds 5 estimated to be necessary to repair or replace the existing STEP 6 systems. This deposit will be made at the time the cost of these 7 repairs or replacements is known. This cost will be determined as 8 soon as possible and will be based on the decisions made about repair 9 or replacement by OWASA, the Homeowners, Association and the 10 appropriate State or County agency regulating these systems. 11 10. OWASA will operate the new system at no cost to Orange County and 12 will bill the Piney Mountain Homeowners for the operation of the 13 system. 14 11. Orange County will transfer ownership of the system and all other 15 responsibility it has related to the system to OWASA as soon as that 16 can be done consistent with High Cost Grant regulations and 17 requirements. 18 19 He stated that he, John Link, and Paul Thames think the approach 20 proposed here should be followed. Alternatively, the County should 21 withdraw from the plan for it to own the sewer system. 22 23 The Step system will be owned by the residents due to the fact that 24 OWASA has indicated that they have concerns about owning that System. 25 The grant would be requested by the County and would be used to offset 26 the cost of constructing a force main and pump station. When that is 27 completed Orange County would transfer ownership of the system to 28 OWASA. The design and completion of the project will be overseen by 29 OWASA as the eventual owners. The Homeowners Association will deposit 30 the funds estimated to be needed to complete the force main pump 31 station, etc. 32 33 Commissioner Gordon asked for clarification about availability of 34 funds as mentioned in Gledhill's September 2nd letter which stated 35 that substantial grant funding did not exist and that he was 36 suggesting that the project proceed as outlined above in order to 37 allow construction to begin promptly. 38 39 Geoffrey Gledhill indicated that after he wrote the September 2nd 40 letter the Department of Environmental Management adopted rules and it 41 appears that the Environmental Management Commission will award grants 42 up to $90,000.00 or $1,500.00 per home. Five Hundred ($500,000.00) 43 thousand dollars of the approximately $2 Million is available to the 44 North State System. The money for the step repair will be deposited 45 in an escrow account by the homeowners and the construction will begin 46 only after the County becomes the owner of the system. He suggested 47 that the Board of Commissioners make a decision about points of 48 interest and concepts and then direct staff to come up with the 49 language that causes that to occur. 50 51 A motion was made by Commissioner Willhoit, seconded by 52 Commissioner Halkiotis, to approve the Manager's recommendation with 53 the inclusion of the eleven (11) points in Geof Gledhill's letter 54 which are listed above. 55 • 12 1 Julie Andresen, Chair of the OWASA Board of Directors, indicated 2 that OWASA is interested in resolving this matter as soon as possible. 3 She stated that OWASA's safety value in this transaction is that they 4 will not assume ownership until they approve the system. 5 6 Bob Epting stated that OWASA needs certification that the system 7 will work properly. OWASA needs to know that the engineers hired by 8 the homeowners do an adequate job with the design. OWASA will be 9 involved in the construction of the force main and pump system. 10 11 Geof Gledhill indicated that the County needs to be sure that it 12 does not become the owners of the collection system until the 13 engineering certification has been received. No connection to Durham 14 will be allowed until that time. 15 16 An amended motion was offered by Commissioner Gordon, seconded by 17 Commissioner Halkiotis, as follows: 18 19 A motion was made by Commissioner Willhoit, seconded by 20 Commissioner Halkiotis, to approve the Manager's recommendation with 21 the inclusion of the eleven (11) points in Geoff Gledhill's letter 22 which are listed above, plus the one additional point mentioned above. 23 VOTE: UNANIMOUS 24 25 John Link stated that because Chair Carey is named as the 26 authorized person to sign, County staff would advise him not to sign 27 the agreement if it is deemed inappropriate. At that time this matter 28 would be returned to the Board for reconsideration. 29 30 F. PROFESSIONAL ASSISTANCE--JUSTICE FACILITY STUDY GROUP 31 This item was presented by Purchasing Director Pam Jones 32 for the purpose of considering retaining the firm of Grier-Fripp 33 Architects to provide professional assistance to the Justice Facility 34 Study Group. 35 36 A motion was made by Commissioner Willhoit, seconded by 37 Commissioner Insko, to approve and authorize the Chair to sign the 38 contract with Grier-Fripp Architects, Inc. , in an amount of $10,000 39 for work to be done in collaboration with the Justice Facilities Study 40 Group. 41 VOTE: UNANIMOUS 42 43 G. PROPOSED PURCHASE OF DEVELOPMENT RIGHTS PROGRAM 44 This item was presented by Marvin Collins for the purpose 45 of considering program requirements and guidelines associated with the 46 proposed Purchase of Development Rights Program. On August 8, 1994, a 47 report was presented to the Board of Commissioners concerning the 48 proposed Purchase of Development Rights Program and method of funding; 49 e.g. , a bond referendum. Subsequent to that meeting, public hearings 50 were held on August 10 and September 6 for the purpose of obtaining 51 citizen comment on the program as well as satisfying bond referendum 52 requirements. Questions have arisen concerning many aspects of the 53 program. There are six points which must be decided upon by the Board 54 of Commissioners. 55 13 1 A motion was made by Commissioner Willhoit, seconded by 2 Commissioner Insko to approve the LESA system as presented for use in 3 ranking farmland for the purchase of development rights (PDR) program. 4 VOTE: UNANIMOUS 5 6 A motion was made by Commissioner Gordon, seconded by Commissioner 7 Insko, that a farmer who has sold his/her development rights be 8 allowed to create one additional building lot per 25 acres of 9 protected land. 10 VOTE: UNANIMOUS 11 12 A motion was made by Commissioner Willhoit, seconded by 13 Commissioner Halkiotis, to delete the provision that would allow the 14 farmer the possibility of buying back the development rights after 25 15 years. 16 VOTE: UNANIMOUS 17 18 A motion was made by Commissioner Willhoit, seconded by 19 Commissioner Halkiotis, that at least 80 acres be offered to be 20 eligible for participation in the PDR program. 21 VOTE: UNANIMOUS 22 23 A motion was made by Commissioner Insko, seconded by Commissioner 24 Gordon, that more points be awarded for farms closer to urban areas 25 than those farther away. 26 VOTE: UNANIMOUS 27 28 A motion was made by Commissioner Willhoit, seconded by 29 Commissioner Insko, that it is the intent of the PDR program to favor 30 the purchase of development rights over the lease of development 31 rights. 32 VOTE: AYES: Commissioners Carey, Gordon, Insko, and Willhoit 33 NAYES: Commission Halkiotis 34 35 36 H. EXTENSION OF TWO EPSDT (HEALTH CHECK) PROJECT POSITIONS 37 This item was presented for the purpose of extending two 38 positions funded by the Department of Environment, Health and Natural 39 Resources through a project grant ordinance. 40 41 A motion was made by Commissioner Willhoit, seconded by 42 Commissioner Halkiotis, to approve the permanent time-limited 43 extension of the Office Assistant and Social Worker Positions through 44 June 30, 1995, contingent upon continued funding from the Division of 45 Medical Assistance; and satisfactory results being achieved by the 46 program. 47 VOTE: UNANIMOUS 48 49 X. REPORTS 50 A. YOUTH AND FAMILY SERVICES COORDINATION FUNCTION 51 This item was postponed. 52 53 B. REPORT FROM VIOLENCE REDUCTION AND CONFLICT RESOLUTION TASK 54 FORCE 55 This item was presented by Eileen Kugler, Public Health 14 1 Nursing Director, to receive a report from the Orange County Violence 2 Reduction and Conflict Resolution Task Force. She indicated that 3 domestic violence prevention was the focus. 4 5 Commissioner Halkiotis suggested that this report be presented to 6 the Human Services Advisory Commission and merged with the information 7 gathered in their recent forum. 8 9 Commissioner Insko indicated that it was important that 10 collaboration with the Human Services Advisory Commission be 11 implemented. It is important to implement the findings of this and of 12 the Humans Services Advisory Commission Policy Forums report. 13 14 A motion was made by Commissioner Insko, seconded by Chair Carey, 15 to receive this report as information. 16 VOTE: UNANIMOUS 17 18 C. 1994-95 COMMISSIONERS GOALS 19 This item was postponed. 20 21 XI. APPOINTMENTS - NONE 22 23 XII. MINUTES - NONE 24 25 XIII. EXECUTIVE SESSION - NONE 26 27 XIV. ADJOURNMENT 28 With no further items to come before the Board, Chair Carey 29 adjourned the meeting. The next regular meeting will be held on 30 October 3, 1994 at 7:30 p.m. in the Courtroom of the Old Courthouse, 31 Hillsborough, North Carolina. 32 33 Moses Carey, Jr. , Chair 34 Kathy Baker, Deputy Clerk 35