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HomeMy WebLinkAboutMinutes - 19970807APPROVED APRIL 7, 1998 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AUGUST 7, 1997 BI-MONTHLY WORK SESSION The Orange County Board of Commissioners met in regular session on Thursday, August 7, 1997 at 7:30 p.m. in the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther, and Commissioners Moses Carey, Jr., Alice Gordon, Margaret Brown and Stephen Halkiotis. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Deputy Clerk to the Board Kathy Baker. (All other staff will be identified where appropriate). NOTE: All background information and signed documents are in the permanent agenda file in the Clerk's office. ADDITIONS TO AGENDA The following items were added to the Agenda: 1) Additions to the State Transportation Improvement Program, 2) Information Systems Strategic Automation Plan, 3) New Locations for Commissioners Meetings, 4) Commissioner Representative on the Chapel Hill - Chatham Work Group, 5) Meetings with OWASA regarding Cane Creek, Chatham County and Water and Sewer Boundary. John Link distributed a list of possible topics for future Work Sessions. A copy of that list is in the Permanent Agenda File in the clerk's office. Commissioner Gordon requested that the agenda for future work sessions be prepared in a fashion similar to the regular agenda so that each item has an abstract and back up materials. A. Adoption Of 1997-1998 Commissioners' Goals - John Link suggested that the members of the Board indicate which goals they wished to discuss. After full discussion, the Goals could be adopted with one motion. Commissioner Carey asked for clarification regarding the Minority Female Business Owner's Directory which was to be printed and distributed in May, 1997. Ted Abernathy, Director of the Economic Development Commission, indicated that this department was working with minority churches and others to collect data on minority owned business. That report will be published in the near future. There is no official listing of minority women owned businesses in Orange County. The most comprehensive list is for the Women Business Owner's Roundtable which lists business which are owned, or partly owned, by women. The Board of Commissioners requested that the Commission for Women review the need for the development of a minority women business owners directory and report their findings to the Board. Sustainable Development Discussion: Commissioner Brown asked if sustainable development had been adopted as a Commissioner's Goal. She commented that if they had not been adopted, she would like to see that happen. Ted Abernathy, Director of the Economic Development Commission (EDC) mentioned that the Commission has adopted sustainable development principles which will be used as the EDC looks at the issue of sustainable development. John Link stated that those principles had not been officially adopted as a Commissioner goal. Sustainable development principles could be used when the issues of the economy are being discussed. He also mentioned that the Shaping Orange County's Future Task Force is expected to review these and incorporate them, if they see fit, into their final report. Other than these expectations there were no specific intentions for how to use these principles. Commissioner Carey suggested that the Shaping Orange County's Future Task Force be requested to review them. John Link agreed to research past discussion on these principles and to offer suggestions as to sustainable development goals and how to achieve them. Commissioner Gordon suggested that sustainable economic development could be added and then adopted as a part of the EDC Strategic Plan. Commissioner Brown suggested another area to consider would be the analysis of present development and the development of a template. She asked for a review and explanation of the current template. Master Recreation & Parks Plan: Commissioner Carey asked about the goal of updating the Master Recreation & Parks Plan. John Link stated that he and the Town Managers have met on the various options for coordinating and combining both the capital and operating portions of Parks and Recreation Plan. One of the questions which arose was did the Commissioners want to expand either the number or the charge of the Task Force which has already been appointed in order for it to be more inclusive of the planning process that the towns are pursuing. A letter has been sent to the other Managers asking if they were interested in pursuing a broadened approach. The internal Recreation and Parks Plan is currently scheduled to be revised this fall. The Town Manager's will be contacted in follow up to the recent letter requesting their participation. Solid Waste Issues: Commissioner Gordon suggested that the solid waste issue which is on the agenda and the Solid Waste Goals need to be discussed as the same time. She also asked how the Efland Sewer Projects relates to the Bond. John Link stated that the goal for the Efland Sewer Planning Process was to acquire funding from outside sources. If the Bond passes that goal will be accomplished. Economic Development Districts: Commissioner Halkiotis asked if this was related in any way to the Buckhorn Economic Development District. Ted Abernathy stated that the zoning has occurred but there is no related goal at this time. John Link indicated that Mebane has been interested in gaining clarity regarding Orange County's goals and plans. The funding of water and sewer lines, as a concept, has been driven by our trying to gain State grants or loans to address the homeowner needs in the Efland area. If the EDD develops there may be companies locating there who would be willing to participate in the extension of water/sewer lines or be willing to be part of the process by which we gain Economic Development sewer funding from the State. In that situation a company would indicate that they would locate in that area, but only if the infrastructure was in place. Commissioner Halkiotis reported that the Credit Union staff informed him that they would have to pay $80,000 to hook onto the sewer line. He felt that it was counterproductive for the hook- up cost to be so expensive that installing a septic system would be cheaper. It was suggested that the Board Chair write to Hillsborough and ask for clarification about the cost of the Credit Union hooking onto the sewer line. The developer will also be contacted to solicit information about their construction cost. Commissioner Gordon asked what could be done for transportation with the STP Direct Allocation Fund. She asked if this could be researched. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis, to adopt the 1997-1998 Commissioners' Goals, with the exception of the solid waste goal, as presented. VOTE: UNANIMOUS B. 1997-2007 Capital Improvements Plan A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the Capital Project Ordinances for the Chapel Hill-Carrboro City Schools and Orange County Schools, as presented in the agenda abstract dated August 7, 1997. John Link asked for instruction regarding East Chapel Hill High School. He mentioned that it the CIP the amount of $11.8 Million has already been approved. Most of that money is a result of State Bond funds. In the November, 1997 Bond package there is an additional $3 million which would be allocated to East Chapel Hill High School. He discussed the contents of a letter from Neil Pedersen requesting approval of a project ordinance for the $11.8 Million Dollars. Mr. Link asked if the Board was comfortable proceeding with the project, given the questions regarding the reasons for going from $11.8 Million to $14.8 Million Dollars. He mentioned that the practical effect of this is that by adopting the $11.8 Million, the additional $3 Million is also adopted because the architect is proceeding with the plans which will cost $14.8 Million Superintendent Pedersen indicated that they are proceeding with the original plans. They are structuring the bids so that if the additional $3 Million is not approved, they would remove the unfunded portions of the plans. John Link clarified that if the $11.8 Million Dollar bond is approved, it would more than likely include the additional $3 million. This project should be discussed and decided upon in the near future because it is currently in the planning stage. Commissioner Halkiotis indicated that his concern was that the integrity of the bond process be preserved by keeping the $3 million separate from the $11.8 million. VOTE: UNANIMOUS The County Capital Project Ordinances were reviewed and discussed. John Link mentioned that the $500,000 for the Skills Development Center reflects anticipated private placement. It is not pay-as-you go funds. One of the potential options in terms of how the proceeds from the public building bond would be used would have a part of the proceeds going toward the Skills Development Center. In either case, the $500,000 is not pay as you go funds. Commissioner Halkiotis asked about the $300,000 for emergency preparedness. Rod Visser mentioned that this amount results from the discussion regarding installing permanent generators at two high schools. He pointed out that there were lower end options which would cost around $25,000 for each school. It was suggested that county staff work with the school staff and return several, lower-end options to the Commissioners at a later date. Commissioner Halkiotis asked about having a Strategic Automation category requesting $425,000 and a Human Services Automation requesting $105,000. He asked why these were not combined in one category. John Link indicated that the Human Service portion was more than the Master Client Index. It is actually the Human Service piece of the I.S. Strategic Plan. He mentioned that having them separate was actually in order to gain all possible state and federal reimbursement that relates to Human Services. The Criminal Justice Study item, which amounted to $75,000 was discussed. This money is being recommended to complete a study on long range strategic plans. Commissioner Carey pointed out that the design of jail facilities influence the long term cost of running the facility for its entire life cycle. He stated that the operating costs of the current facilities will greatly increase if those facilities are used for the long term. The recommended amount was decreased to $25,000. A report on the original committee's recommendation will be presented to the Commissioners, along with comments on the current situation. A charge will be established for the future task force. A motion was made by Commissioner Gordon, seconded by Commissioner Brown, to adopt the Capital Project Ordinances as recommended with the four (4) exceptions listed. VOTE: UNANIMOUS C. Solid Waste Matters Chair Crowther mentioned that the Solid Waste Plan has been sent to the State. He also mentioned that the Landfill Reorganization Work Group has completed its work and has been disbanded. The report dated June 27, 1997, and titled Interlocal Agreement Concerning Solid Waste Management Matters was drafted by that group. John Link indicated that the Interlocal Agreement would be the focus of this discussion. After discussion, the open matters in this report need to be resolved by all involved units of government prior to December 1, 1997. If this resolution is not reached the Agreement will dissolve. Mr. Jessup indicated that the Reorganization Work Group arrived at the decision to have a deadline for adoption because they felt that if current Boards couldn't come to an agreement, then new local Boards should have their own opportunity to design a plan. Commissioner Carey pointed out that another reason to resolve this issue is so that the adjacent landowners of the current land fill can have their concerns resolved. That cannot be done until someone is actually responsible for the area. Commissioner Gordon stated that her understanding was that everything had to be agreed upon before anything went into effect. Mr. Jessup stated that if the open issues are not settled, then the entire agreement will need to be completely rewritten. The open matters are 1) selecting the new Solid Waste Management Site, (whether a landfill or some alternative) 2) settling on a process for providing community benefits to residents of the new landfill site, 3) and Carrboro, Chapel Hill and the County must agree on the transfer of solid waste system operational control, assets and liabilities. The Reorganization Work Group decided that the process for the new waste management center needed to be in place by December 1st, but the local agreement will not be in place unless a schedule has been created about benefits to the community surrounding the current landfill. Commissioner Halkiotis stated for the record that he wanted to be very careful what was promised to the residents of the Eubanks Road area. He is sworn to uphold the constitution of the United States and North Carolina. The offers and suggested benefits for the residents of this area must be legal and in keeping with what is actually possible for local governments to accomplish. John Link stated that a conclusion must be reached regarding how to address the disposal of solid waste within a matter of months and not years. There needs to be a management structure put into place that can be supported by all local officials. Commissioner Carey mentioned that local officials need to be very careful about the promises made and solutions recommended. There may very well be other nearby, but not abutting, landowners who will come forward with requests for compensation. The responsible unit of government needs to be careful that they not make promises that would be impossible to keep. Chair Crowther mentioned some of the possible benefits to adjacent landowners. He also mentioned that there is a group of local residents who have stated that they would give up all compensation if they were assured that no future landfill would be sited in their area. Geoffrey Gledhill pointed out that there is no compensation issue on the table with regard to the residents living near the existing landfill. These are not actually compensation issues, but rather they are matters of public policy. For example, building a park or determining an area for water and sewer or changing a speed limit. The only entitlement is the one that would be created by the Interlocal Agreement. He mentioned that it would be legal to agree to a process but particular reparations may not be legal compensations. Another issue to consider is that the process of deciding on benefits will take much longer than the several months allowed for the adoption of this Agreement. Gayle Wilson reported that the monitoring of local well water shows absolutely no contamination of those wells. Commissioner Carey noted that the Greene Tract is not a part of the assets as set out in this agreement. He felt that this would mean that the County would have all the responsibility but not all of the assets. John Link mentioned that the Town Managers have indicated that their elected officials would be reluctant to transfer their portion of the Greene Tract with the Landfill. Chair Crowther asserted that the County needs to state its position on the document first so that the other jurisdictions will be able to respond to that position. Commissioner Carey felt that the overall approach is good. The parts that concern him, and several of the other Commissioners, are the disposition of the Greene Tract and how we go about determining the community benefits and what they are going to include. He asked for clarification regard 2.04 of the Agreement. Mr. Jessup said that there is a general requirement to bring all solid waste to the County facility. "Other recyclables" refers to things that the County is not recycling but which one of the towns is recycling. Commissioner Gordon stated that having the County take over total responsibility in the current scenario is problematic because of some of the details. She felt that there would need to be something very close to consensus among the governing bodies in order for the disposal system to be effective. In particular, she felt that the disposition of the Greene Tract is a problem. Commissioner Halkiotis felt that others do not understand what it means for the Greene Tract to be an asset. He feels that it is unproductive to have the elected officials continue to come together once a month because of the intense philosophical diversity of the combined Boards. The agreement has merit but he has a problem with the disposition of the Greene Tract.. Commissioner Brown stated that she did not have a problem with the document, but she questioned why the "open issues" couldn't be addressed and the adoption of the document could be done after those issues are addressed. The disposition of the Greene Tract is also a problem for her. She questioned Section 7.02. The Withdrawal of a Party. Mr. Jessup explained that if an entity withdrew, and there was no debt on the landfill, they would not have to bring their trash to the facility or send representatives to the advisory board. Chair Crowther summarized that the consensus of the Board of Commissioners is that this issue needs further discussion. Commissioner Halkiotis suggested that the Greene Tract remain, in perpetuity, as an asset of the Landfill, as it was originally established. He wants it to stay in the same state that it is in currently. Commissioner Carey felt that this tract could be used for something. He is not committed that it remain in its present state. It could return to private ownership, however, it is currently an asset of the landfill. There was consensus that it is unacceptable to the Board of Commissioners for the Greene Tract to be removed from this agreement. Its disposition must remain with this agreement, as an asset of the landfill. John Link suggested that Mr. Jessup discuss this issue with the other municipalities. He also felt that there needs to be another plan in the event that this agreement is not adopted by December 1st. Q Additions to the State Transportation Improvement Program Commissioner Gordon reported that the Board of Transportation has added two Transportation Improvement Program projects in Orange County without consulting either the Board of Commissioners or the Transportation Advisory Committee (TAC) for the areas in question. She felt that this is not needed or wanted by the people in the area and requested that the Commissioners support writing to the Department of Transportation requesting that they stop plans for this project, a feasibility study for widening Mt. Carmel Church Road. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown, to authorize a letter be written, and signed by the Chair, requesting that this project be stopped. VOTE: UNANIMOUS E Information Systems Strategic Automation Plan John Link suggested that the Strategic Automation Plan be reviewed and a decision made so the Plan can be finalized and implementation begun. Commissioner Halkiotis and Commission Brown suggested the names of several additional members. It was suggested that the group not be extremely large and that the members of this task force be allowed to somewhat determine the direction they take. They do not need to be told exactly what to do. Also, a mission statement and general charge, is important. This group does not need to be constrained by arbitrary deadlines. John Link suggested that this could be returned to the Commissioners at their August 20th meeting. ADJOURN A motion was made by Commissioner Carey, seconded by Commissioner Brown, to adjourn the meeting. The next regular meeting of the Board of Commissioners will be held on Wednesday, August 20, 1997, at 7:30 p.m. in the Chapel Hill Town Council Chambers, 306 North Columbia Street, Chapel Hill, NC 27516 Respectfully submitted, Kathy Baker, Deputy Clerk