HomeMy WebLinkAboutMinutes - 19970416APPROVED 9/2197
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, APRIL 16, 1997
REGULAR MEETING
The Orange County Board of Commissioners met in regular session on Wednesday, April 16, 1997 at
the Chapel Hill Municipal Building, Chapel Hill , North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret
W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDING TAPES OF THE
MEETING WILL BE KEPT FOR FIVE (5) YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
School and Land Use Council appointments were added to item 11. A proclamation was added
designating April 20-26 as Orange County Infant Immunization Week and a proclamation was added for
Armenian Martyrs Day. Item 9-B "EMS Franchise Applications" was removed. Three additional
appointments were added to Consent Agenda item "A".
2. AUDIENCE COMMENTS
a. Matters on the Printed Agenda
Chair Crowther stated that citizens who have indicated a desire to speak on an item on the printed
agenda will be recognized at the appropriate time.
b. Matters not on the Printed Agenda
Ellen Perry expressed a concern about people with disabilities losing eligibility for food stamps.
She asked that the County make sure people with disabilities have food stamps so they can purchase their
medicine. Commissioner Carey asked that Social Services Director Marti Pryor Cook meet with the
Disability Awareness Council and answer their concerns.
PUBLIC CHARGE
Chair William L. Crowther dispensed with the reading of the public charge.
3. BOARD COMMENTS
Commissioner Gordon said she feels the County Commissioners should be involved at an earlier stage
in the approval of school sites. She asked that a letter be sent to the Chapel Hill Town Council and to the
Chapel Hill-Carrboro City School Board to let them know that the County Commissioners want to work with
them on siting schools.
Commissioner Brown said that she and Commissioner Halkiotis visited the proposed school site in the
Meadowmont development. She asked that the County Engineer do a feasibility report.
In answer to a question from Commissioner Halkiotis, Geof Gledhill explained the procedure for
condemning land for a public purpose like a reservoir.
Commissioner Gordon mentioned that yesterday the Triangle Transit Authority brought a light rail
passenger train to Carrboro. Citizens had an opportunity to ride this train. Phase I of the proposed project
would link Raleigh, Durham and the airport.
4. COUNTY MANAGER'S REPORT
John Link noted that the old bell which is housed in the Old Courthouse will remain on exhibit inside of
that facility.
5. RESOLUTIONS/PROCLAMATIONS
A. A RESOLUTION AFFIRMING ORANGE COUNTY'S SUPPORT FOR ANEW FEDERAL
TRANSPORTATION LAW THAT CONTINUES THE PROVISIONS OF THE INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the
resolution as corrected and stated below:
A RESOLUTION AFFIRMING ORANGE COUNTY'S
SUPPORT FOR A NEW FEDERAL SURFACE TRANSPORTATION LAW THAT CONTINUES THE
PROVISIONS OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
WHEREAS, the Orange County Board of Commissioners is responsible for developing both general
and specific plans to promote the orderly growth and development of the area within Orange
County; and
WHEREAS, it is the responsibility of the Orange County Board of Commissioners, when overseeing
the implementation of these plans and the expenditure of taxpayer dollars, to do so with
foresight, thoughtfulness and sensitivity to the long-term quality of life of all of the citizens of
Orange County; and
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 requires that states; a)
adhere to an open, public process for setting transportation priorities and the distribution of
funds, b) cooperate with counties and metropolitan planning organizations in planning and
programming transportation improvements, and c) set and maintain air quality standards that
benefit the long-term quality of life for all citizens in the United States; and
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 will expire this year without
re-authorization by Congress;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Orange County Board of Commissioners requests that its elected representatives in the
U.S. House and Senate also support and pass a NEW FEDERAL SURFACE
TRANSPORTATION LAW THAT CONTINUES THE PROVISIONS OF THE INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 and also PROVIDES FOR A
MORE EQUITABLE RETURN OF FEDERAL TRANSPORTATION TAXES TO NORTH
CAROLINA, and
2. The Orange County Board of Commissioners will forward a copy of this resolution to the
Congressional Delegation of North Carolina, the Honorable James Hunt, Governor of the State
of North Carolina, the Secretary of the North Carolina Department of Transportation, and the
Chair of the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro
Metropolitan Planning Organization.
VOTE: UNANIMOUS
B. PROCLAMATION OF FAIR HOUSING MONTH IN ORANGE COUNTY
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the
proclamation as stated below:
FAIR HOUSING MONTH
WHEREAS, April, 1997 marks the twenty-ninth anniversary of Title VI II of the Civil Rights Act of 1968, the
Federal Fair Housing Act, which provided for equal opportunity for all Americans in the sale, rental and
financing of housing and prohibited housing discrimination on the basis of race, color, religion, sex,
age or national origin; and
WHEREAS, The Fair Housing Amendments Act of 1988 added familial status and handicap to those
classes protected by Title VII and added strong new rights, remedies, monetary penalties and judicial
and administrative enforcement procedures; and
WHEREAS, although there is evidence that significant progress has been made in ensuring equal
opportunity in housing for all Americans, recent studies have shown that housing discrimination
remains a pervasive and insidious problem faced by millions of Americans because of their race, color,
religion, sex, age, national origin, familial status, veteran's status, or disability; and
WHEREAS, illegal barriers to equal opportunity in housing that diminish the rights of some of our citizens,
diminish the rights of all;
NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim the month of April, 1997 as
FAIR HOUSING MONTH and commend this observance to all Orange County citizens.
VOTE: UNANIMOUS
ADDED ITEMS
C. PROCLAMATION DESIGNATING APRIL 20-26 AS ORANGE COUNTY INFANT
IMMUNIZATION WEEK
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the
proclamation as stated below:
PROCLAMATION
ORANGE COUNTY INFANT IMMUNIZATION WEEK
APRIL 20-27,1997
WHEREAS, April 20-27 has been proclaimed as National Infant Immunization Week; and
WHEREAS, during National Infant Immunization Week all immunization providers are encouraged to work
with their communities to vaccinate children by expanding clinic hours, increasing screening, and distributing
educational materials: and
WHEREAS, more than one-third of North Carolina two year olds are not age-appropriately immunized; and
WHEREAS, North Carolina's goal is to achieve complete immunization of at least 90% of all North Carolina
children by their second birthday; and
WHEREAS, in an effort to increase the immunization rate in Orange County, the Cooperative Extension
Service has organized the Orange County Coalition for Immunization, a group comprised of representatives
of public and private agencies, civic, community and church groups, and volunteers; and
WHEREAS, the mission of the Orange County Coalition for Immunization is to coordinate and promote free
immunization clinics through Piedmont Health Services, and Orange County Health Department, by providing
financial assistance, outreach, transportation, and educational efforts during National Infant Immunization
Week April 20-27, and throughout the month of April; and
WHEREAS, the continuing goal of the Orange County Coalition for Immunization is to develop strategies for
the year-round promotion of age-appropriate immunizations; and
WHEREAS, it is essential to raise public awareness of the important of age-appropriate immunizations and
provide accessibility to immunizations through a collaborative community-based effort.
NOW, THEREFORE, We, the ORANGE COUNTY BOARD OF COMMISSIONERS, do proclaim April 20-27
as Orange County Infant Immunization Week, this the 16th day of April, 1997.
VOTE: UNANIMOUS
D. PROCLAMATION FOR ARMENIAN MARTYRS DAY
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve
the proclamation as stated below:
PROCLAMATION
FOR
ARMENIAN MARTYRS DAY
APRIL 24th , 1997
WHEREAS, between 1915-1923, the extermination of more than one and one-half million Armenians and the
deportation of countless other Armenians took place by the Ottoman Turks; and
WHEREAS, during this atrocity, Armenians were forced to witness the slaughter of their relatives and the loss
of their ancestral homeland: and
WHEREAS, Armenians assert that the government of modern day Turkey refuses to recognize the facts of
the genocide; and
WHEREAS, the denial of the Armenian genocide by the present day Turkish government serves to taint
history and disavows Armenians of the right to their homeland and heritage; and
WHEREAS, Ancestral Armenian lands taken by the Ottoman Turks have not been returned to the Armenian
people, nor have the Armenians received compensation for their losses; and
WHEREAS, Armenians have traditionally designated April 24th as ARMENIAN MARTYRS DAY, in
recognition and remembrance of those who died during the Armenian genocide; and
WHEREAS, the year 1997 marks the 82nd Anniversary of the Tragedy of the Armenian genocide; and
WHEREAS, it is important to remember history so that mistakes of the past are not repeated in future
generations.
NOW, THEREFORE, the Orange County Board of Commissioners proclaims April 24, 1997 as ARMENIAN
MARTYRS DAY in Orange County, North Carolina this the 16th Day of April, 1997.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS
A. DISSOLUTION OF DOGWOOD ACRES SANITARY DISTRICT
No public comments were received. Chair Crowther closed the public hearing. A motion was
made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the resolution as stated
below:
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION DISSOLVING THE DOGWOOD ACRES SANITARY DISTRICT
WHEREAS, the Dogwood Acres Sanitary District was created in 1969 to finance the installation of water
lines by means of which the University of North Carolina agreed to provide the District with a wholesome and
potable supply of water, and
WHEREAS, the Orange Water and Sewer Authority (OWASA) agreed to assume the obligations of the
University to the District when OWASA purchased the University's water utility system in 1977, and has
continued to provide water service to residents of the District since that time, and
WHEREAS, there are 500 or less resident freeholders residing within the District and the Board of Directors
of the Dogwood Acres Sanitary District has requested that the Orange County Board of Commissioners take
action to dissolve the District because it has served its purpose, no longer provides any services and has no
outstanding bond or other legal indebtedness, and
WHEREAS, OWASA has affirmed its intent to continue to provide water service to residents of the District
and therefore the Orange County Board of Commissioners need not adopt a plan for continued operation and
provision of water services to the District, and
WHEREAS, the statutory required public hearing has been conducted, pursuant to the process established
for the dissolution of a sanitary district;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby
find, in accordance with NCGS 130A-85 that the interest of the citizens of the Dogwood Acres Sanitary
District and the County will be best served if the operation and the services provided by the District (there are
none of these operations and services provided) were provided for by the Board of Commissioners, and
BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners does hereby dissolve the
Dogwood Acres Sanitary District.
VOTE: UNANIMOUS
8. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve those
items as listed below:
A. APPOINTMENTS
This item was removed and will be considered immediately after the Consent Agenda.
B. MINUTES
The minutes for March 5, 1997 were approved.
C. APPLICATION FOR GROUNDWATER GUARDIAN DESIGNATION
This item was removed and will be considered immediately after the Consent Agenda.
D. DESIGNATION OF TOWN OF CHAPEL HILL AS LEAD AGENCY FOR STATE SOLID
WASTE PLAN
This item was removed and will be considered immediately after the Consent Agenda.
E. LEASE APPROVAL FOR 112 N. CHURTON STREET, HILLSBOROUGH
The Board approved and authorized the Chair to sign a lease for property at 112 N. Churton
Street to be used as offices for the Clerk of Court.
F. CONTRACTS BETWEEN UNC HOSPITALS AND THE HEALTH DEPARTMENT AND UNC
SCHOOL OF PUBLIC HEALTH AND THE HEALTH DEPARTMENT
The Board approved and authorized the Chair to sign contracts between the health Department,
UNC Hospitals and the UNC School of Public Health to fund a half-time, temporary project coordinator in the
Health Department to serve the Orange County Healthy Carolinians Task Force through August 30, 1997.
G. APPROVAL OF SIX DEPUTY 1 POSITIONS FOR THE JAIL ADDITION
The Board approved six new permanent full time Deputy Sheriff I positions to staff the new Jail
Addition.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
C. APPLICATION FOR GROUNDWATER GUARDIAN DESIGNATION
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to authorize
an application to be forwarded to the Groundwater Guardian program, and that the Water Resources
Committee be designated the Groundwater Guardian Team for Orange County.
VOTE: UNANIMOUS
D. DESIGNATION OF TOWN OF CHAPEL HILL AS LEAD AGENCY FOR STATE SOLID
WASTE PLAN
John Link clarified that this plan does not prohibit each governmental entity from developing their
own integrated plan. This initiative to provide a single solid waste plan is encouraged by the State.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the
resolution as stated below which designates the Town of Chapel Hill as the lead agency for developing and
submitting an integrated solid waste management plan to the State of North Carolina:
A RESOLUTION RECOGNIZING THE CHAPEL HILL SOLID WASTE DEPARTMENT
AS LEAD AGENCY IN PREPARATION OF THE STATE PLAN AND ENABLE THE DEPARTMENT TO
MAKE REQUESTS OF AND COORDINATE WITH ORANGE COUNTY STAFF FOR INFORMATION
NECESSARY TO COMPLETE THE STATE PLAN
WHEREAS, the State of North Carolina requires that local governments submit a solid waste management
plan by July 1, 1997; and
WHEREAS, the State of North Carolina encourages submission of regional plans by cooperating
jurisdictions; and
WHEREAS, the Orange Regional Landfill Owners Group has already engaged in a joint planning process for
integrated solid waste management that involves all four governments within the County; and
WHEREAS, the Town of Chapel Hill Solid Waste Department of the Town of Chapel Hill has already acted
as staff for that study and gathered much of the information that would be required in the State Plan; and
WHEREAS, the Town of Chapel Hill Solid Waste Department has acted as lead staff for most solid waste
planning efforts in Orange County;
NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners formally
acknowledges that the Town of Chapel Hill is lead agency for development of the State Solid Waste Plan;
and
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners hereby authorizes its staff to
work directly with Chapel Hill staff to gather the information necessary to complete the State solid waste
plan.
VOTE: UNANIMOUS
APPOINTMENTS REMOVED FROM THE CONSENT AGENDA
A. APPOINTMENTS
Commissioner Brown made reference to the Economic Development Commission representative
on the Visitors Bureau Board and said she would rather see a citizen serve on the Board rather than an
elected official.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve
the appointments as stated below:
Chapel Hill/Orange County Visitor's Bureau
Pat Evans, representing the Economic Development Commission for a term ending 12/31/99
Catherine Callaway, representing the Hillsborough Chamber of Commerce for a term ending
12/31/99
JOCCA
Don Willhoit as a citizen representative for an undetermined term
Carrboro Planning Board
Toy Cheek, representing the ETJ for a term ending 3/31/2000
Human Services Advisory Commission
Haley Marks, At Large for a term ending March 31, 2000
9. ITEMS FOR DECISION - REGULAR AGENDA
A. AMENDMENTS TO THE PROCEDURES FOR APPOINTMENTS TO BOARDS AND
COMMISSIONS
There was a consensus to table this item for discussion at a later date.
B. EMS FRANCHISE APPLICATIONS
This item was deleted from the agenda.
C. INTEGRATED SOLID WASTE MANAGEMENT PLAN
The Board discussed issues related to the development of an integrated solid waste management
plan for Orange County and its municipalities. The two issues are listed below:
1. whether there should be universal collection (curbside or otherwise) for all sectors (e.g.
commercial and multi-family residential, in addition to single family residential)
2. affirm whether the Board supports the construction of a materials recovery facility (MRF), as
outlined in the integrated solid waste management system that was recommended by the
LOG to the member governments.
Commissioner Carey indicated his support for countywide recycling and the County
Commissioners agreed this is what they want to pursue. Public Works Director Wilbert McAdoo indicated
that universal recycling would be part of the integrated solid waste management plan.
The Board supported the separation of construction and demolition materials so that those
materials which are usable can be taken out of the waste stream. Commissioner Gordon questioned how
could be done.
Wilbert McAdoo explained how a Materials Recovery Facility (MRF) would process recyclables.
Instead of items being separated at the source, they would all be collected together and separated at the
MRF. This would make it more convenient for the citizens to recycle. The goal is to keep 50% of all solid
wastes out of the waste stream. A materials recovery facility would cost between three to five million dollars.
More specific costs for developing and operating a MRF will be forthcoming from the LOG.
The Board was presented a petition with 510 signatures from Richard Perzley who lives in the
buffer zone between Carrboro and Chapel Hill . The petition requested that the County Commissioners close
the present landfill and not to construct any more landfills anywhere in Orange County.
Gail Wilson, Chapel Hill Public Works Department, further explained how a MRF would work. He
said that they have not ruled receiving recyclables from other entities.
The County Commissioners did not make a decision on the MRF. They felt they needed
additional cost for developing and operating the facility.
ADDED ITEM
Meadowmont Situation
Commissioner Brown asked that the County Engineer bring back a report about this site.
Commissioner Carey would like to direct this concern to the School Board for their investigation.
They can submit a report to the County Commissioners about the feasibility of building a school on this site.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to direct the
County Manager to draft a letter to the Chapel Hill-Carrboro City School Board, asking them to respond to the
County Commissioners' concerns and offering the County Engineer as a resource.
VOTE: UNANIMOUS
Commissioner Brown asked for information about how Wake County who has a construction
engineer over all projects - school, county and municipal - uses that position and the effectiveness of that
position.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to write a letter
to the Town of Chapel Hill requesting information on their Special Use Permit process and the timelimits for
transferring land from the developer to the school system.
VOTE: UNANIMOUS
10. REPORTS
A. RABIES CONTROL REPORT
Health Director Dan Reimer gave this report. He noted that there are monies available for people
who are exposed and cannot afford the rabies shots. The County Commissioners expressed a desire to
have educational materials distributed before any cases are reported in southern Orange County.
The Board decided to send a letter to Governor James Hunt to express the County's concern
about the spread of rabies and to encourage him to support any legislation to help in this regard. Another
letter will be sent to the legislative delegation asking them to support any legislation which provides funding
for this effort.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to ask the
North Carolina Association of County Commissioners to support any legislation dealing with the rabies
epidemic.
VOTE: UNANIMOUS
11. APPOINTMENTS
ADDED ITEM
SKILL DEVELOPMENT CENTER ADVISORY COMMITTEE
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve a
change in composition of this Committee adding one more At Large position and appointing Flory Glasser to
that position and adding an alternate County Commissioner and appointing Commissioner Gordon to that
position.
VOTE: UNANIMOUS
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to add
Commissioner Gordon to the committee for the Skills Development Building Task Force.
VOTE: UNANIMOUS
SCHOOL AND LAND USE COUNCIL
It was decided that discussion on this item would be delayed until the next meeting.
12. MINUTES - NONE
13. CLOSED SESSION - NONE
14. ADJOURNMENT
With no further items to come before the Board, a motion was made by Commissioner Halkiotis,
seconded by Commissioner Carey to adjourn this meeting at 10:20 p.m. The next regular meeting will be
held on May 5, 1997 at 7:30 in the courtroom of the Old County Courthouse in Hillsborough, North Carolina.
William L. Crowther, Chair
Beverly A. Blythe, Clerk