HomeMy WebLinkAboutMinutes - 19971006APPROVED 6122198
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MONDAY, OCTOBER 6, 1997
The Orange County Board of Commissioners met in regular session on Monday, October 6, 1997 at
7:30 p.m. in 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 Managers 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 (6) YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
A motion was made by Commissioner Carey, seconded by Commissioner Brown to remove the
appointments for the Board of Health.
VOTE: UNANIMOUS
A motion was made by Chair Crowther, seconded by Commissioner Carey to delete item 8h -
University Manor Phase III Preliminary Plan from the agenda.
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to add to the
agenda a resolution of Recognition for Bishop Georgia R. Riley.
VOTE: UNANIMOUS
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
The Chair dispensed with the reading of the public charge.
3. BOARD COMMENTS
Commissioner Gordon asked that the current policy on septic tank maintenance be distributed to all
homeowners.
Commissioner Halkiotis asked that the County Manager write the Department of Transportation about
the intersection of Efland Cedar Grove Road and Highway 70. He commended the recipients of the
Governor's Volunteer award for which a reception was held this evening.
Commissioner Carey made reference to a letter from citizens who live on Lake Orange and asked John
Link to respond to this request to do something about the vegetation in the lake. County Engineer Paul
Thames will report back to the County Commissioners at a later date with a list of options to address the
problem.
Commissioner Brown noted that the Bond Education committee will meet tomorrow evening at 7:00
p.m. at the Homestead Community Center. An educational bond tour will take place on October 9 to show
some of the facilities and sites impacted by the bond issues. She congratulated EMS for receiving publicity
about their first responder program. She asked for information from the school systems on architectural
plans for Meadowmont and information about their process.
4. COUNTY MANAGER'S REPORT - NONE
5. RESOLUTIONS/PROCLAMATIONS
A. RESOLUTION OF RECOGNITION FOR BISHOP GEORGIA R. RILEY
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
the resolution of recognition for Bishop Georgia R. Riley as stated below:
RESOLUTION OF RECOGNITION
FOR
BISHOP GEORGIA R. RILEY
WHEREAS, Georgia R. Riley, presently serves as President of the Deliverance Tabernacle Pastoral and
Evangelistic School for Ministers, and
WHEREAS, through her leadership and commitment, Bishop Georgia R. Riley, has developed and
implemented many initiatives including establishing a 24-hour prayer room and strong Sunday School and
Youth Department Programs, and
WHEREAS, Georgia R. Riley has made a contribution to education by establishing three scholarship
foundations for college bound high school seniors, and members making innovative contributions to the
church and community, and
WHEREAS, in her desire to help the community, Georgia R. Riley has served as President of the Orange
County Extension Homemakers Association and sponsors an annual youth banquet, honoring senior and
junior high school students, and
WHEREAS, the Deliverance Tabernacle Fellowship of Churches, Inc. will celebrate the 25th Pastoral
Anniversary of their Senior Bishop and Headquarters Pastor, Georgia R. Riley, October 24-26, 1997.
NOW, THEREFORE LET IT BE RESOLVED that the Orange County Board of Commissioners hereby
recognize the contributions of Georgia R. Riley over the years to the ministry and community service and her
vision and mission of giving, caring, and serving, and
LET IT FURTHER BE RESOLVED that the Orange County Board of Commissioners congratulate Georgia R.
Riley, on being consecrated to the title of Bishop, a title she has held for the past ten years.
VOTE: UNANIMOUS
NOTE FOR THE RECORD: Chair Crowther signed the proclamation as stated below declaring to all persons
that a stage 111 water shortage WARNING is now in effect.
PUBLIC PROCLAMATION
REGARDING USE OF WATER OBTAINED FROM THE PUBLIC WATER SYSTEM SUPPLIED BY THE
ORANGE-ALAMANCE WATER SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH AND FROM ANY
RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY THE ORANGE-ALAMANCE WATER
SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH
Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER
DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS,
AND ALLOCATING AUGMENTED STREAM FLOW FROM RESERVOIRS,
I, William Crowther, Chairman of the Board of County Commissioners, having been provided with
information that the water level of Lake Orange is more than 37 inches below full do hereby issue this
PUBLIC PROCLAMATION declaring to all persons that a stage III water shortage WARNING is now in effect
applicable to users of water from the public water system supplied by the Orange-Alamance Water System,
Inc. and the Town of Hillsborough. The following mandatory water conservation restrictions are now
applicable:
It shall be unlawful to use water from the public water system supplied by the Orange-Alamance Water
System, Inc. and the Town of Hillsborough and from any raw water supply within Orange County used by the
Orange-Alamance Water System, Inc. and the Town of Hillsborough for the following purposes:
1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except
between the hours of 6:00 p.m. and 9:00 p.m. on Saturdays and Sundays.
2. To fill newly constructed swimming and/or wading pools or refill swimming
and/or wading pools which have been drained. A minimal amount of water may be
added to maintain continued operation of pools which are in operation at the time the
provisions of a stage III WARNING are place into effect.
3. To operate water-cooler air conditioners or other equipment that does not
recycle cooling water, except when health and safety are adversely affected.
4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of
mobile equipment, including commercial washing.
5. To wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed homes or
apartments, sidewalks, or patios, or to use water for other similar purposes.
6. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
7. To serve drinking water in restaurants, cafeterias, or other food establishment,
except upon request.
8. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
9. To use water for dust control or compacting
10. To intentionally waste water. The owner or occupant of any land or building which
receives water from the Orange-Alamance Water System, Inc. or the Town of Hillsborough
and that also utilizes water from a well or supply other than that of Orange-Alamance
Water System, Inc. or the Town of Hillsborough shall post and maintain in a prominent
place thereon a sign furnished by Orange County giving public notice to the use of the well
or other source of supply.
This proclamation, and the mandatory conservation restrictions imposed pursuant to it, shall be in
effect until the Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER
DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS,
AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS" is amended or repealed or until
the Chair by Public Proclamation, declares that the Stage III Water shortage WARNING is over. By order of
William Crowther, Chair of the Orange County Board of Commissioners, this the 1st day of October, 1997.
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS - NONE
8. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those
items on the Consent Agenda as stated below:
A. APPOINTMENTS
The County Commissioners approved appointments to the Commission for Women and the
Workplace Development Board as stated below:
Commission for Women - Bev Scarlett was appointed for an unexpired term ending June 30,
1998.
Workplace Development Board - Thomas King was appointed for a term ending June 30, 1998.
B. AMENDMENT TO LAIDLAW HOUSEHOLD HAZARDOUS WASTE COLLECTION
AGREEMENT
The County Commissioners approved an amendment to the agreement for Household Hazardous
Waste Collection which provides collection and disposal services.
C. PETITION FOR ADDITION - SILVER FOX LANE IN BINGHAM TOWNSHIP
The County Commissioners approved a petition from NCDOT for approval of the addition of Silver
Fox Lane in Bingham Township to the State-maintained Secondary Road System.
D. CLASSIFICATION PLAN AMENDMENT -4-H PROGRAM ASSISTANT TITLE CHANGE
The Board amended the Orange County Classification and Pay Plan by changing the class title of
4-H Program Assistant at salary grade 62 ($21,866 - $34,767) to Cooperative Extension Program Assistant,
still at salary grade 62.
E. WORKSHARING AGREEMENT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
E( EOC)
The Board approved a Worksharing Agreement between Orange County and the Equal
Employment Opportunity Commission.
F. PROPERTY TAX REFUNDS
The County Commissioners approved 12 property tax refunds in accordance with G.S. 105-381(b)
as stated below:
NAME ACCOUNT# AMOUNT
Daniel J. and Kathleen E. Herr 172696 $ 345.23
Brenda W. Smith 201749 265.02
Frank J. Floyd & Bruce L. Thorn 188599 801.90
Michelle Kramer, etal, & Frem M. Kramer 202370 1,530.49
Bradley Keith Moody D65429 41.58
Bradley Keith Moody D 5878 96.24
Eugene Thomas Smith E14207 15.02
American Honda Finance Corp. D104678 572.35
BMW Financial Services NA, INC. D 94033 1,048.71
Foster Clayton Smith E 14210 147.33
VT INC. as TSTEE World OMNILT D107403 336.57
Sharon Lesley Curran E 16781 97.14
G. BUDGET ORDINANCE AMENDMENT #3
The County Commissioners considered an amendment which will allow funds to be carried
forward and expended in fiscal year 1997-98. These are listed in the agenda abstract. The total amount for
revenue and expenditures is $85,784,544.
H. UNIVERSITY MANOR PHASE III - PRELIMINARY PLAN
This item was deleted by Board action under item "'I".
9. ITEMS FOR DECISION -REGULAR AGENDA
A. EMS FRANCHISE APPLICATION
The Board considered a request by Mid-South Medical Transport for a franchise to perform
convalescent ambulance transports within Orange County. The Manager indicated that there is not a need at
this time for another franchise in Orange County.
Terry Huesner said that his company is located in Smithfield, North Carolina. They do about 20
transports a month from Orange County to other points in the state. If they were awarded a franchise, they
estimate they would do from 40 to 60 transports a month within Orange County. He is asking for the right to
do transports to and from Orange County. He has received phone calls from people who want to use his
service for this purpose.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to not
approve the franchise for Mid-South Medical Transport.
VOTE: UNANIMOUS
Commissioner Brown asked that the EMS Advisory Council keep the County Commissioners
updated with a report from time to time and let them know when another franchise is necessary.
B. COPSFAST GRANT AWARD
The County Commissioners considered accepting a three year grant from the U.S. Department of
Justice, Office of Community Oriented Policing Services. This new grant will partially fund six additional full-
time Deputy positions. The terms of the grant require Orange County to provide an overall match of
approximately 25% of the total three year funding.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to accept the
COPSFAST 3 grant and adopt the grant project ordinance stated below which authorizes the addition of six
full-time equivalent positions in the Sheriff's Department.
SFAST/3 Universal Hiring Program Grant Project Ordinance (Project #11-717)
Revenue - Intergovernmental (1997-98) $150,000
Revenue - Intergovernmental (1998-99) $150,000
Revenue - Intergovernmental (1999-2000) $150,000
Revenue - Transfers from the General Fund (1997-98) $ 37,500
Revenue - Transfers from the General Fund (1998-99) $ 50,000
Revenue - Transfers from the General Fund (1999-2000) $ 65,000
Expenditure - Public Safety - COPSFAST - 3 $602,500
VOTE: UNANIMOUS
C. ORANGE COUNTY TRANSPORTATION PRIORITIES LIST
The Board received a report on the annual process to develop Orange County's Transportation
Priorities List and to adopt this year's list. The Administration recommends that the Board receive
information on the annual STIP and MTIP development process and adopt this year's Orange County
Transportation Priorities List.
Commissioner Gordon made reference to the transmittal letter and suggested deleting the portion
of the letter which supports Chapel Hill's position for Homestead Road until Chapel Hill makes a decision
and then to write a separate letter.
Commissioner Halkiotis asked about bicycle racks and suggested that County Government
consider purchasing bicycle racks from the welding class at Orange High.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the
transmittal of the two transportation priority lists and the multi-year Metropolitan Transportation Improvement
Program that specifies needed transportation improvements in the urban area, deleting the portion supporting
Chapel Hill's position for Homestead Road.
VOTE: UNANIMOUS
D. 1998 BOCC MEETING SCHEDULE
The County Commissioners considered their meeting calendar for 1998. They decided to have a
retreat on December 6 at 8:30 at the Homestead Community Center in Chapel Hill . The first regular meeting
in August was deleted. The meeting time will be set at 7:30 p.m. for all meetings. The location for some of
the bi-monthly work sessions was changed. All the changes were so noted by the Clerk to the Board and will
be incorporated into a revised meeting schedule and placed on the Consent agenda for the next meeting.
10. REPORTS
A. UPDATE ON SOLID WASTE MANAGEMENT ISSUES
The County Commissioners discussed recent developments regarding solid waste management
issues in Orange County and established dates and times for two required public meetings or hearings. The
deadlines in the abstract are progressive because decisions need to be made by the end of November.
John Link reviewed the public hearing process. He explained that another joint public hearing is
required because of the length of time which has passed since the 1996 public hearing. With regards to the
interlocal agreement, December 1 has been set as the deadline for reaching agreement on that document
which includes community benefits and a process for working toward the disposition of the Greene Tract. It
is proposed that community benefits be discussed at an Assembly of Governments meeting. Final decisions
by the Board of Commissioners on the interlocal agreement and the siting of a new landfill would need to be
made at the meeting scheduled now for November 24 or at another special meeting to be established.
Roger Barr distributed information on the Orange Solid-waste Enterprise 1997-98 Budget. He
asked that the Board of County Commissioners consider making a budget using the right numbers, showing
the amount of reserves and recognizing that this is an enterprise that is in serious financial trouble.
Gail Smith from the Town of Chapel Hill Solid Waste Division said that they have equipment
reserve funds, landfill construction funds, reserves for acquisition of property and undesignated reserves.
Reserve funds total a little over 2 million dollars. He will provide a report to the County Commissioners.
Commissioner Brown clarified the figures on the handout and asked if the Landfill does run at a
deficit. Gail Wilson said that sometimes they do and he explained why this may happen for a short period of
time. John Link will provide the County Commissioners with additional information on this issue.
The County Commissioners agreed to set a public hearing. They discussed at length many
issues dealing with the landfill. John Link indicated he would try to provide answers to all the questions and
concerns within the next few days.
A motion was made by Chair Crowther, seconded by Commissioner Carey to 1) review and
discuss the solid waste matters described in the agenda abstract and provide appropriate direction to the
Manager and Attorney; 2) approve an Assembly of Governments meeting for October 22 at 7:00 p.m. at
OWASA Community Center meeting room for discussion and possible decisions on solid waste issues
including community benefits; 3) approve a joint public hearing on socioeconomic and demographic data for
areas around candidate landfill site(s) for Thursday, November 20, 1997 at 7:00 p.m. at Stanback Middle
School; and 4) approve a public meeting on a landfill siting decision as required by the North Carolina
Administrative Code.
VOTE: UNANIMOUS
B. CITIZEN REQUEST TO MODIFY WATERSHED CRITICAL AREA BOUNDARY
The Board heard a report from Planner Mary Willis on a citizen's request to change land use
restrictions on his property located in the Seven-mile Creek watershed.
Sim Efland explained that this property is located on the north side of the highway between US 70
and Mt. Willing Road. The decision to extend watershed designation beyond one half mile is a local
decision. He has five (5) ponds on his land and a holding pond which collects rainwater so there is no
runoff.
Planner Mary Willis said that Mr. Efland's property is split by the water quality critical area. She
will be glad to look at this line to see what portion of this property was taken for the highway widening
project.
A motion was made by Chair Crowther, seconded by Commissioner Carey to request the
County's Planning staff to remeasure the distance the property is from the water quality critical area and
bring back a report.
VOTE: UNANIMOUS
C. SENATE BILL 352, PART XII --WELFARE REFORM INITIATIVES
Director of Social Services Marti Pryor-Cook presented Information regarding the duties of County
Boards of Commissioners as outlined in Senate Bill 352, Part XII Welfare Reform Initiatives. This only covers
the old AFDC program for households with children - primary households for single moms who have children.
The primary goal of this program is to provide temporary short-term assistance to help move the family
member toward employment. She outlined the responsibilities of the County Commissioners and said that
the Plan will be implemented on July 1, 1998. She suggested reconvening the task force and adding
members as specified in the Bill. Jan Schopler has offered to serve as chairperson of this committee. The
final report must be submitted by January 15, 1998.
Commissioner Carey agreed to co-chair this committee.
The Board received this report as information.
D. PROPOSED OWASA REVISIONS TO THE UNIVERSITY LAKE WATER AND SEWER
EXTENSION POLICY
The Board received a request by OWASA to comment on proposed revisions to its University
Lake Water and Sewer Extension Policy.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to postpone
discussion of this item until the next meeting.
VOTE: AYES, 4, NOS, 1 (Chair Crowther)
E. UNITED CHURCH OF CHRIST U( CC) REQUEST FOR SCHOOL IMPACT FEE
REIMBURSEMENT
The UCC requested a reimbursement from Orange County for school facility fees.
Nancy Atwater spoke on behalf of the UCC Living Center. She explained that the housing being
provided will serve seniors with low incomes. As a non-profit they have no funds other than the funds
supplied by HUD. She asked that the County Commissioners embrace this as an opportunity to be partners
in providing housing for seniors with low income.
John Link explained the current policy which does not provide for reimbursement of non-profit
organizations developing rental housing. This aspect of the present policy needs to be worked out. It could
be that a non-profit could pay this impact fee in incremental payments if the housing is for a public purpose.
Geoffrey Gledhill said that the ordinance would allow for a payment plan for a certain category of
housing and how the money gets there would become part of the County's budget process.
Commissioner Gordon suggested that the County may want to figure out a way to reimburse
impact fees for this one project and indicate in the policy that the County Commissioners will not consider
other projects without lead time.
Geoffrey Gledhill is developing a pro and con paper on reimbursement of impact fees for affording
rental housing.
Commissioner Carey supports a phased in payment plan for paying impact fees. He feels it will
not make much difference if it is anticipated or not anticipated.
A motion was made by Commissioner Carey, seconded by Commissioner Brown, to request the
County Attorney to include in the policy on reimbursement, a phased plan for payment of impact fees in
certain cases, as discussed above.
VOTE: UNANIMOUS
Geoffrey Gledhill will try to have this by December 6, 1997.
11. APPOINTMENTS
The County Commissioners delayed appointments to the Economic Development Commission, the
Commission for the Environment, the Board of Health and the High School Standards Task Force.
12. MINUTES - NONE
13. CLOSED SESSION - Personnel Matter by authority of G.S. Section 143-318.11(a)(6) (10:20)
The County Commissioners delayed this closed session. It will be placed on the next agenda.
14. ADJOURNMENT
With no further items to be considered by the County Commissioners, Chair Crowther adjourned the
meeting. The next regular meeting will be held on Tuesday, October 21, 1997 at the OWASA Operations
Center in Carrboro, North Carolina.
William L. Crowther
Beverly A. Blythe