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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