HomeMy WebLinkAboutMinutes - 19970902APPROVED 12/16/97
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
SEPTEMBER 2.1997
The Orange County Board of Commissioners met in regular session on Tuesday, September 2,
1997 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, 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 u YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
Item 9-E "University Manor Phase III - Preliminary Plan was deleted from the agenda as requested
by the developer.
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 - NONE
PUBLIC CHARGE
Commissioner Crowther dispensed with the reading of the public charge.
3. BOARD COMMENTS
Commissioner Halkiotis asked that the County Commissioners send a letter to the Town of
Hillsborough requesting them to review their process for when developers wish to clear wooded areas.
They are burning the materials they are clearing from wooded areas. He feels that there needs to be an
alternative to burning. He would like for the County to create some educational materials. John Link will
investigate and report back to the Board.
Commissioner Carey made reference to the living wage report that is to come back to the Board
for further review. John Link said that they will provide a report to the County Commissioners in about
two weeks with a managers memo. He will be asking the County Commissioners when they want it
brought back and the timing of the information.
4. COUNTY MANAGER'S REPORT - NONE
5. RESOLUTIONS/PROCLAMATIONS
A. PROCLAMATION FOR SEPTEMBER TO BE UNITED WAY MONTH IN ORANGE COUNTY
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve the proclamation as stated below:
PROCLAMATION FOR UNITED WAY MONTH
IN
ORANGE COUNTY
WHEREAS, it is the mission of the Triangle United Way to "increase the organized capacity of people to
care for one another" and
WHEREAS, United Way funds health and human service programs in 27 Orange County organizations
and
WHEREAS, Orange County residents raised more than $1.2 million during the 1996 United Way
campaign to meet the needs of their neighbors and
WHEREAS, community support of United Way has really made a difference in the lives of those in
Orange County who really need help and
WHEREAS, it is evident that Orange County is a caring community, much like a family
NOW, THEREFORE, the Orange County Board of Commissioners do hereby proclaim September to be
United Way Month in Orange County and urge citizens to join in and actively participate in the United
Way campaign and all of its activities in order to continue making a difference in the lives of Orange
County citizens.
VOTE: UNANIMOUS
B. RESOLUTION - RECOGNITION OF COMMUNITY HEALTH CENTER WEEK
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve the resolution as stated below:
RESOLUTION
IN RECOGNITION OF
COMMUNITY HEALTH CENTERS WEEK
SEPTEMBER 14TH THROUGH 23RD
"AMERICA'S HEALTH CENTERS: MAKING THE CONNECTION FOR
HEALTH AND PREVENTION"
WHEREAS, there are over 940 Migrant and Community Health Centers operating in the United States
serving over 10 million registered children and adult patients, and
WHEREAS, these centers operate in every state, the District of Columbia and Puerto Rico, in areas
which previously lacked adequate health care providers to meet the needs of area residents, and
WHEREAS, all of these health centers provide access to quality services while removing economic,
cultural, geographic and other barriers to adequate health care, and
WHEREAS, community health centers nationwide help governments control costs for health services by
reducing inappropriate use of emergency room services and help to lower hospital admissions while
providing higher childhood immunization rates, and
WHEREAS, PIEDMONT HEALTH SERVICES, INC. which operates health centers in Orange,
Chatham, Caswell, and Alamance Counties serves all residents of these areas without regard to their
ability to pay, and
WHEREAS, , PIEDMONT HEALTH SERVICES, INC. has served over 50,000 registered patients
annually in these communities which helps to keep many families from falling into poverty, and
WHEREAS, PIEDMONT HEALTH SERVICES is celebrating the week of September 14-23,1997 as
COMMUNITY HEALTH CENTER WEEK in order to focus the attention of the community on the
contribution of community health centers to economic and physical health of the community.
NOW, THEREFORE BE IT RESOLVED that Orange County commends Piedmont Health Services, Inc.
for its commitment to improving access to quality primary care services in this community and
encourages the entire community to recognize September 14 through 21, 1997 as COMMUNITY
HEALTH CENTER WEEK in Orange County.
VOTE: AYES, 4; ABSTENTION, 1 (Commissioner Carey) (Program Director for Piedmont Health
Services)
6. SPECIAL PRESENTATIONS
A. DISTINGUISHED BUDGET PRESENTATION AWARD
John Link said that the County has received notification that the 1996-97 Orange County
Budget has been recognized by the Government Finance Officers' Association (GFOA) with the
Distinguished Budget Presentation Award. This award is the highest form of recognition in governmental
budgeting. This year marks the seventh consecutive year that the Budget staff - Budget Director Sally
Kost and Budget and Management Analysts Donna Dean and Keith Lane - have published a budget
document that meets GFOA criteria as a policy document, as an operations guide, as a financial plan
and as a communication device.
7. PUBLIC HEARINGS - NONE
8. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to remove from
the agenda item "i" - Bicycle Plan Component Advisory Committee" and place on the next agenda.
VOTE: AYES, 4; NOS, 1 (Commissioner Crowther)
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve
those items on the Consent Agenda as stated below:
A. APPOINTMENTS
Commission for Women
Kristen Dunivant, Sally Feather Hendrickson and Louinga L. Groves were
appointed for a term ending June 30, 2000.
B. MINUTES
The County Commissioners approved the minutes for March 13, April 16, May 15, 21, and 29,
1997.
C. PERSONNEL ORDINANCE REVISION - LIMITATION ON THE EMPLOYMENT OF
RELATIVES
The County Commissioners approved an amendment to the Orange County Personnel
Ordinance to update and clarify the limitations on the employment of relatives. This amendment is an
attachment to these minutes on page
D. N.C. DARE ASSOCIATION GRANT AWARD
The County Commissioners approved a grant from Orange County Schools for the N.C. Dare
Association totaling $7,000 for personnel cost associated with the D.A.R.E. programs.
E. 1997-98 SMALL BUSINESS AND TECHNOLOGY DEVELOPMENT CENTER CONTRACT
This item was moved to the end of the Consent Agenda for separate consideration.
F. RESOLUTION FOR DESIGNATED OFFICIAL FOR ABC PERMITS
The Board approved the resolution stated below which designates Sheriff L. Pendergrass as
the person who receives ABC permit applications for review and consideration of approval.
RESOLUTION
ORANGE COUNTY, NORTH CAROLINA
DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS
TO THE NORTH CAROLINA
ALCOHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT APPLICATIONS
WHEREAS, G.S. 1813-904 (f) authorizes a governing body to designate an official, by name or by
position, to make recommendations concerning the suitability of persons or locations for ABC permits;
and
WHEREAS, the County of Orange wishes to notify the North Carolina ABC Commission of its
designation as required by G.S. 1813-904 (f);
BE IT THEREFORE RESOLVED that Sheriff L. Pendergrass is hereby designated to notify the North
Carolina Alcoholic Beverage Control Commission of the recommendations of the County of Orange,
regarding the suitability of persons and locations for ABC permits within its jurisdiction.
BE IT FURTHER RESOLVED THAT notices to the County of Orange should be mailed or delivered to
the official designated above at the following address:
144 E. Margaret Lane
Hillsborough, North Carolina 27278
G. GLYNMORGAN SUBDIVISION - PRELIMINARY PLAN
This item was moved to the end of the Consent Agenda for separate consideration.
H. BID AWARD - REPAIR AND RENOVATIONS TO ORANGE COUNTY LIBRARY FLOOR
This item was moved to the end of the Consent Agenda for separate consideration.
I. BICYCLE PLAN COMPONENT ADVISORY COMMITTEE
This item was deleted from the agenda and will be placed on an upcoming agenda.
J. EMPLOYEE HEALTH INSURANCE RENEWAL FOR 1998
The Board approved continuation of the current health insurance plans and adoption of the
health insurance rates as presented in the agenda, effective January 1, 1998.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
E. 1997-98 SMALL BUSINESS AND TECHNOLOGY DEVELOPMENT CENTER CONTRACT
Director of Economic Development Ted Abernathy described the services provided by the
Center. This contract does not represent any changes except they will assist citizens applying for the
loan pool once that program is in place.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve and authorize the Chair to sign the contract.
VOTE: UNANIMOUS
G. GLYNMORGAN SUBDIVISION - PRELIMINARY PLAN
This property is located in Chapel Hill Township on the south side of Albert Road, the west
side of Union Grove Church Road, east of Dairyland Road and Morgan Creek in the University Lake
Protected Watershed portion of the rural buffer. The size of the tract is 81.9 acres. A cluster subdivision
is proposed featuring 21 new lots with 29.60 acres open space.
Commissioner Brown noted that this is a good example of a development in the watershed
and in the rural buffer. Dolly Hunter spoke for the developer saying that they tried to protect the integrity
of this property by keeping the plant life that would be best for this area. They are very much interested
in protecting the environment. They will build on the highest part of the property and protect the lower
part of the property.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
approve the Preliminary Plan for Glynmorgan Subdivision per the Planning Board recommendation.
VOTE: UNANIMOUS
H. BID AWARD - REPAIR AND RENOVATIONS TO ORANGE COUNTY LIBRARY FLOOR
Purchasing Director Pam Jones said they only received one bid because contractors are
busy.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to award
the bid to Patriot Builders, Inc., Hillsborough, North Carolina for repairs and renovations to the Orange
County Library floor for an amount not to exceed $50,500 and to authorize the Purchasing Director to
execute the required paperwork.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
A. BOND EDUCATION COMMITTEE CHARGE AND STRUCTURE
John Link presented for the County Commissioners consideration a charge to, and structure
of, a Bond Education Committee that will develop and disseminate information to voters concerning the
November 4, 1997 bond referendum. He presented a list of bond committee co-chairs for the Board's
consideration. The Bond Committee will be inclusive of everyone who wants to be involved. Educational
materials may be reviewed by the County Commissioners before they are finalized.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt
the charge, tasks, subcommittee structure and timelines as presented in the abstract.
VOTE: UNANIMOUS
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve the appointments as stated below:
Bond Education Steering Committee
Steering Committee - Commissioners Brown and Halkiotis
- Betty Eidenier and Bill Strom, Committee Co-Chairs
- Subcommittee Chair, John Link
Information and Outreach Subcommittee - Chair, TBD (representative from each
Bond Issue Subcommittee) - Staff: Sharron Siler, Coordinator; Buck Tredway,
Kim Hoke, Kathy LaFone, Beverly Blythe
Schools Subcommittee - Gloria Faley and David Hunt
Sewer Expansion Subcommittee - Benny Cecil and Leo Allison
Low and Moderate Income Housing Subcommittee - John Hartwell, Peggy
Pollitzer and Alison Weiner
Parks and Recreation Facilities Bonds - Ron Hyatt and Susan Waldrop
Public Buildings Bonds - Beth Barba, Linda Rahija and Bill Waddell
VOTE: UNANIMOUS
B. ORANGE COUNTY SMALL BUSINESS LOAN PROGRAM
The County Commissioners received additional information on this Program and considered
authorizing staff to proceed with legal actions required to initiate the Orange County Small Business
Loan Program. All changes made by the County Commissioners were so noted by Director of Economic
Development Ted Abernathy and will be incorporated into the Loan Program document.
James Harris, Administrator of Carrboro's revolving loan fund, explained how they process
applications. The main thrust of their fund is to create jobs.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to add to
the Program a focus on (1) creating good paying jobs, (2) complying with the County's Statement of
Corporate citizenship and Living Wage Policy, (3) providing health insurance, (4) offering the program to
home-based businesses and (5) requiring collateral that is free and clear.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Chair Crowther to amend the
commitment period on page three to read "Three years from the date of execution of the master loan
agreement, this loan program will be reviewed by all parties to the agreement".
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Chair Crowther to add to the
eligibility requirements a requirement that any business applying for a loan should be zoned
appropriately.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Chair Crowther to specify under
eligibility requirements that preference will be given to businesses who pay 50% of health insurance
costs for their employees.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis that the
Program specify that any wages paid to employees must comply with any Living Wage Ordinance
adopted by Orange County.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to reduce
the percentage of ownership from 20% to 10% that an individual could own without requiring an
individual to execute an Unconditional Guaranty Agreement for the full amount of the loan.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to add to
the policy either under #4 on page 8 or under Loan Analysis as #9 "that no more than 50% of the loan
could be used for working capital. "
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to add to
the composition of the Loan Committee, a County Commissioner, the County Manager and the County
Finance Director.
VOTE: UNANIMOUS
Commissioner Brown volunteered to serve on this Committee.
A motion was made by Chair Crowther, seconded by Commissioner Brown to add to page 8
between items 3 and 4 that the Loan Committee will make their recommendation which will be presented
at the next County Commissioners meeting on the Consent Agenda for information.
VOTE: UNANIMOUS
A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to adopt the
entire Loan Program document as amended above including a requirement that businesses that take
part in this program will comply with the statement of corporate citizenship.
VOTE: UNANIMOUS
A motion was made by Commissioner Brown, seconded by Chair Crowther to authorize the
County Attorney to develop legal documents for commitment by all parties, to develop third-party
contracts for underwriting and servicing and to "create" the non-profit corporation, as recommended by
the County Attorney, to receive the bank funds, incur the debt, and lend the money.
VOTE: UNANIMOUS
C. SKILL DEVELOPMENT CENTER RENOVATIONS
Purchasing Director Pam Jones gave background information on how this plan was
developed. She talked about the community involvement in this project. If the Board approves this
tonight, this could go out for bid the end of September and could be considered by the County
Commissioners in November. It will take four to six months to complete the renovations.
Commissioner Gordon made reference to the resource area and explained how people
walking through this area would have the privacy to use the resource center. She explained that there
will be walls and quiet space on both sides of the walls. She asked about the ramp and was told that it
was not going to be eliminated.
Runyon Woods, local architect and member of the planning committee, said that this is the
best plan for the people who will be occupying this building. This building will be pleasant and easy to
work with. He supports this plan.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to
approve the final plans as presented for the Skill Development Center and to authorize the dissolution of
the Facilities Development Task Force.
VOTE: UNANIMOUS
D. PERSONNEL ORDINANCE REVISION - RETIREE HEALTH INSURANCE
Personnel Director Elaine Holmes explained this revision. It would extend the eligibility for
retiree health insurance on a prorated basis to employees with at least five years Orange County service
who are (1) retiring at age 65 or older or (2) retiring on a disability retirement.
Commissioner Gordon asked that this item be delayed until the October 30 work session.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt
the amendment to the Orange County Personnel Ordinance effective September 1, 1997 as presented
and as attached to these minutes on page
VOTE: AYES, 4; NOS, 1 (Commissioner Gordon because she felt that this item should not be done
adhoc but should be considered at the work session on employee benefits scheduled for October 30)
Note: This will be brought back at the next meeting because an amendment to an ordinance must
be approved unanimously on the first vote in order to become effective.
E. UNIVERSITY MANOR PHASE III - PRELIMINARY PLAN
This item was deleted from the agenda.
F. SOUTHERN HUMAN SERVICES CENTER -APPROVE CHANGE ORDER AND PROVIDE
FUNDS FOR LEFT TURN LANE
John Link explained the situation that caused the necessity of this change order for the
construction of a left turn lane at the Southern Human Services Center. He noted that the construction
of this turn lane is a requirement of the Town of Chapel Hill . The Homestead road widening project
would have included a turn lane, but DOT does not have the project scheduled until a later year, too late
to satisfy the Chapel Hill requirement.
Commissioner Halkiotis expressed disappointed with DOT for not doing this work. He asked
that a letter be written letting them know we protest their decision.
A motion was made by Commissioner Carey, seconded by Chair Crowther to approve the
change order for $83,248 to construct the left lane; and authorize appropriation of funds from the Capital
Reserve Fund Balance.
VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis)
G. PROPOSED OWASA REVISIONS TO THE UNIVERSITY LAKE WATER AND SEWER
EXTENSION POLICY
The County Commissioners were requested by OWASA to provide comments to proposed
revisions to its University Lake Water and Sewer Extension Policy.
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to request
that County staff do an analysis of the implications of these changes to the County's ordinances, to write
a letter to OWASA asking for additional time to respond to their request and to table this item until that
information is received.
VOTE: UNANIMOUS
10. REPORTS
A. 1997 ORANGE COUNTY TRANSPORTATION PRIORITIES LIST
Commissioner Gordon will review this and bring back a recommendation to the next meeting.
11. APPOINTMENTS
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to postpone
making the appointments to the Commission for the Environment and the Economic Development
Commission.
VOTE: AYES, 4; NOS, 1 (Chair Crowther)
12. MINUTES -NONE
13. CLOSED SESSION
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to go into
Closed Session to consider a personnel matter by authority of G.S. Section 143-318.11(a)(6).
VOTE: UNANIMOUS
A motion was made by Chair Carey, seconded by Commissioner Gordon to reconvene into regular
session.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the
resolution as stated below:
RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
WHEREAS, the Orange County Board of Health has recommended to the Orange County
Commissioners that the compensation of the Health Director be revised to provide for
the payment to the Health Director of a lump sum payment equivalent to his present
salary for one month, plus the payment to the North Carolina Local Government
Retirement System of the employer retirement contribution calculated on the amount of
the lump sum payment, in consideration of the Health Director making himself available
to Health Department staff and the Board of Health for six months after his resignation
to advise and consult on matters as needed to facilitate a smooth transition for the
Orange County Health Department and Board of Health following the resignation of the
Health Director; and
WHEREAS, the Board of County Commissioners has determined that it is in the best interests of
the County to provide the recommended compensation to the Health Director.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
ORANGE COUNTY THAT the compensation for the health Director's services is amended to provide
for the payment on the date of his resignation of a lump sum payment equivalent to his
present salary for one month, plus the payment to the North Carolina Local
Government Retirement System of the employer retirement contribution calculated on
the amount of the lump sum payment, in consideration of the Health Director's
agreement to make himself available to Health Department staff and the Board of
Health for six months to advise and consult on matters as needed to facilitate a smooth
transition for the Orange County Health Department and Board of Health following the
Health Director's resignation.
VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis)
14. ADJOURNMENT
With no further items for consideration, a motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to adjourn the meeting. The next regular meeting will be held on September 16,
1997 at 7:30 p.m. in the OWASA Community meeting room in Carrboro, North Carolina.
William L. Crowther, Chair
Beverly A. Blythe, Clerk