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HomeMy WebLinkAboutMinutes - 19971216APPROVED 8118198 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS Regular Meeting December 16. 1997 The Orange County Board of Commissioners met in regular session on Tuesday, December 16, 1997 at 7:30 p.m. at the OWASA Community meeting room, 400 Jones Ferry Road, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown and Commissioners Moses Carey, Jr., William L. Crowther, 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 u YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board added to the Items for Decision as 9h "Memorandum of Understanding with the University of North Carolina for Services of Interim Health Director from the School of Public Health" and added to item 11 for Appointments a resume from Marian Moore to serve on the Information Technology Task Force. 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Brown stated that citizens who have indicated a desire to speak on an item that appears on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda Robert Campbell who lives on Rogers Road asked that the County Commissioners help them get fresh clean water. He said that there are still trucks entering the landfill without a cover or tiedown. He feels that the landfill does not have the proper management and that there is illegal dumping out there causing the wells to end up with extra debris in them. He asked that the County Commissioners help them to get water and sewer in that area. He feels that his well is being contaminated by the landfill. He mentioned a letter signed by all municipalities with the County Seal that indicates they will not site a landfill in that area ever again. He will provide a copy of that letter to the County Commissioners. Bonnie Norwood showed a T-shirt that was once white and is now brown. She asked that the County Commissioners come to her house and test the water. She asked that the Board of County Commissioners start listening because there are 150 homes that are being affected. Commissioner Halkiotis made reference to trucks hauling debris not being covered. Geoffrey Gledhill said that Orange County has an ordinance which indicates that loads are supposed to be covered.. He noted that they have learned that 15% of all wells in the County are contaminated -- even those not close to the landfill. Commissioner Halkiotis asked that a letter be sent to the Sheriff, Chapel Hill Police, Carrboro Police, Hillsborough Police and the State Patrol to let them know of our ordinance and to ask them for stricter enforcement. PUBLIC CHARGE Chair Brown dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Crowther made reference to the electrical deregulation and suggested that the two school systems and Orange County go out on the competitive market for their electricity. He feels there could be a potential $350,000 to $400,000 savings. 4. COUNTY MANAGER'S REPORT a. Update on N.C. Association of County Commissioners Insurance Trust The Board received a report from Bob Hibbitts of the N.C. Association of County Commissioners Insurance Trust. He thanked Orange County for their involvement in the NCACC and the insurance program. He gave background information on the insurance problems that surfaced about six years ago. was a serious situation during this time and premiums were very high. By participating in this insurance program, it holds down the cost and provides money for conferences and lobbying at the state level. The Association is the insurance program. They stand on a record of not canceling a member county. He thanked the Board for their participation and said that they stand ready to serve us. He distributed some information which summarized the services available. Moses commended Bob Hibbitts for his service and continued involvement. John Link made reference to community benefits and said that he and staff will develop a series of questions for the other jurisdictions relative to the reports generated to date. This will include the cost of all the benefits they have discussed, the cost of water distribution lines, and how we would go about sharing those costs with the three jurisdictions. These will be ready by the January 20 meeting so the Board can pass these on to the other jurisdictions. Also, the second part of this is to develop questions for the LOG as to the status of other options such as a transfer station or MRF or C&D waste. Moses said that the last time the jurisdictions met they were not all of the opinion that community benefits would be a proper expenditure of the landfill fund. John Link said that material has been provided to the jurisdictions on this issue. John Link reported on the Skills Development Center. He said that the LGC was not able to make a decision on their request of December 2. They had many questions and he feels confident that if they submit another application, it would be favorably received. The County Commissioners will be asked to consider this installment purchase agreement at their January 20th meeting. 5. RESOLUTIONSIPROCLAMATIONS a. Resolution of Appreciation for Mariah Ann McPherson The Board considered a resolution of appreciation for Mariah Ann McPherson for 47 years of service as an Orange County employee. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to approve the resolution as stated below: RESOLUTION OF APPRECIATION For MARIAH ANN MCPHERSON WHEREAS, Mariah Ann McPherson has been a loyal and dedicated employee for Orange County Government for 47 years; and WHEREAS, Mariah Ann McPherson has dedicated her career to serving the citizens of Orange County and received several awards for her efforts including: Appreciation Award for Loyal & Dedicated Service to Orange County 4-H (1991 & 9997); Secretary of the Year, North Central District (1984); NC Cooperative Extension Award of Excellence (1989); Outstanding Service to the Orange County United Way Campaign (1982); Commission for Women Recognition Award (1991); Annual & State Computer Award for the NC Cooperative Extension Service (1989); and Caring Co-Worker Award presented by the Mental Health Association & Chapel HilllCarrboro Chamber of Commerce; and WHEREAS, Mariah Ann McPherson has committed her time and energy to the community through her dedicated work on numerous boards and Commissions including the Commission for Women, Literacy Council, Durham/Orange Planned Parenthood, Recreation and Parks Advisory Board, Hillsborough Tourism Board, Northern Fairview Housing Authority; American Civil Liberties Union; and United Way; and WHEREAS, Mariah Ann McPherson has been active in ensuring citizen participation in the elections process through her work with the Orange County Democratic Party; and WHEREAS, Mariah Ann McPherson has provided continued support and assistance to her fellow employees and the Orange County community. NOW, THEREFORE, BE IT RESOLVED that the ORANGE COUNTY BOARD OF COMMISSIONERS, recognizes and bestows gratitude to MARIAH ANN MCPHERSON for her many years of dedicated and benevolent service to the citizens of Orange County. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. Orange County Arts Commission presentation of 1997-98 Grassroots Grants Awards The Orange County Arts Commission and Board Chair Margaret W. Brown presented the 1997-98 Grassroots Grants. Carolyn Leith said that this year they are awarding $18,000 to 14 organizations. 7. PUBLIC HEARINGS - NONE 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: a. Minutes The Board approved the minutes from its May 6 meeting with the school boards; Aug.20 regular meeting; Sept. 2 regular meeting; September 16 regular meeting; and, Oct. 22 Assembly of Governments meeting. b. Hillsborough Sewer Easement Request This item was moved to the end of the Consent Agenda for separate consideration. C. OWASA Easement for water and sewer lines at Southern Human Services Center This item was moved to the end of the Consent Agenda for separate consideration. d. Home Program - acquisitions This item was moved to the end of the Consent Agenda for separate consideration. e. Property tax refunds The County Commissioners approved requests for tax refund as listed below in accordance with N.C. General Statutes 105-381 and the Refund Resolution as approved by the Board on September 16, 1997: Name Account Nbr. Amount Refunded Dana Commercial Credit 81097 $ 12.24 Parker, Catherine Settlemyre EA3030 8.78 American Honda Finance Corp. E1929 363.88 Woolever, Miriam Virginia E15213 80.08 V T Inc. as Tstee World Omnilt E37324 15.90 Centura Bank D371 133.60 Spivey, January Kyle E44156 75.45 Spivey, January Kyle E14331 170.49 Wachovia Auto Leasing Co. of NC E22126 33.30 NationsBanc Dealer Leasing Inc. D79872 423.24 Carter, William David D94365 66.14 Carter, William David D105042 229.38 Bondurant, Stuart Osborne E38655 99.53 Gecal E10726 281.46 Landis, Todd Michael D106190 260.24 Ehrhardt, Richard Alfred D47986 87.06 VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Hillsborough Sewer Easement Request The Board considered a request from the Town of Hillsborough for a sewer easement so they could replace their pump station in the Fairview community. County Engineer Paul Thames made reference to a map and described the property and its location. He said that the property is landlocked and probably has no significant value. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to (a) convey the easement to Hillsborough; b) authorize the Chair, the County Manager and the County Attorney to determine the value of the easement - if any, devise modifications (consistent with the intent of the easement agreement) to the agreement as required to secure accord among the parties to the easement agreement, and negotiate a settlement - if necessary - with Hillsborough; and c) authorize the Chair to approve the settlement - if any - and to sign and execute the agreement. VOTE: UNANIMOUS C. OWASA Easement for water and sewer lines at Southern Human Services Center The Board considered granting a sewer easement to OWASA for sewer lines at the Southern Human Services Center. This will not cause any impacts on any of the building sites. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve granting the thirty foot easements for water and sewer lines to OWASA pursuant to the recorded plat and contingent upon Attorney review of the easement documents; and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS 5 d. Home Program -Acquisitions The Board considered approving a development agreement with Orange County Housing Corporation for HOME funding of rental property acquisition and rehabilitation on behalf of the Orange County HOME Consortium. Housing and Community Development Director Tara Fikes outlined the information in the agenda. A motion was made by Commissioner Crowther, seconded by Commissioner Carey to authorize the execution of a Development Agreement with the Orange community Housing Corporation for HOME funding available for rental property acquisition and rehabilitation in the County on behalf of the Orange County HOME Consortium upon the County Attorney's review and approval. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Cedar Grove Rural Crossroads Historic District National Register nomination The Board considered a recommendation from the Historic Preservation Commission that the Cedar Grove Crossroads historic district be submitted for listing in the National Register of Historic Places. Planner Don Belk said that this is the final step in the process that the county will take before it is sent to the National Register Advisory Committee for approval. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve submitting the Cedar Grove Rural Crossroads Historic District for listing in the National Register of Historic Places. VOTE: UNANIMOUS b. Highway Signage to Welcome Visitors The Board considered a request by the Visitors Bureau to have highway signage welcoming visitors placed at key locations in the County. Shelly Green spoke on behalf of the Visitors Bureau Board and asked for approval of the design, the slogan and the site plan. Discussion ensued on the number of signs, the slogan and placement of signs. Commissioners Brown and gordon felt it would be better to eliminate the slogan. A motion was made by Commissioner Crowther, seconded by Commissioner Carey to approve highway signage with the slogan "You'll Be A Fan For Life" as recommended by the Visitors Bureau Board. VOTE: AYES, 3; NOS, 2 (Commissioners Brown and Gordon because they believe the signs should simply say Welcome to orange County with no slogan) A motion was made by Commissioner Crowther, seconded by Commissioner Carey to approve signage for entrances having more than 6,000 trips a day with at least one sign placed on a road coming into northern Orange County, subject to the sign regulations in the controlling jurisdiction. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Chair Margaret Brown to set the budget at $15,000 for this project. VOTE: AYES, 3; NOS, 2 (Commissioners Carey and Crowther) C. Strategic Automation Plan implementation The Board considered authorizing funds for the next phase of the Strategic Automation Plan (SAP) and considered approving a contract with BellSouth for network services. The County Commissioners agreed to refer to the Strategic Automation Plan as the "Information Technology Plan", and to name the advisory committee the "Information Technology Committee". A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to 1) adopt the attached capital project ordinance as stated below; 2) approve the agreement with BellSouth for frame relay network services, subject to final review by staff and the County Attorney; 3) authorize the Purchasing Director to acquire equipment, software, and services in an amount not to exceed $160,888 as detailed on the attached lists; and 4) adopt the charge to the ITAC as stated below: INFORMATION TECHNOLOGY CAPITAL PROJECT ORDINANCE Project #61-491 Revenue Transfer from General Fund (1997-98) $ 180,139 Intergovernmental 28,749 Total Revenue $ 208,888 Appropriated Aerial Photography Technology Total Appropriations $ 48,000 160,888 ORANGE COUNTY INFORMATION TECHNOLOGY COMMITTEE PROPOSED CHARGE $ 208,888 0 provide ongoing technical review and advice to the Board of Commissioners and County staff concerning the County's overall strategic direction for information technology 0 participate with Information Technology Committee Working Group and IS staff on annual Information Technology Plan review and update 0 provide technical review in selection of appropriate expertise to apply to particular analysis work 0 identify technical alternatives, with pros and cons for strategic information technology initiatives 0 review results of systems analysis and short term deployment efforts 0 address other issues as requested by the Board of County Commissioners VOTE: UNANIMOUS d. Contract Approval - roof survey The Board considered a contract with RTD Associates P.A. in an amount not to exceed $23,040 for an assessment and analysis of the roofs of all County-owned buildings. Commissioner Halkiotis said he would prefer that we get a couple more estimates because he feels we should get more data than what is proposed for this amount of money. A motion was made by Chair Margaret Brown, seconded by Commissioner Gordon to table this item until the first meeting in February, 1998. VOTE: UNANIMOUS e. Naming of County-owned buildings and facilities The County Manager submitted a report and recommendation on naming County buildings and facilities. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to name the new County facility on Homestead Road the "Orange County Southern Human Services Center" as indicated in the resolution stated below: A RESOLUTION OF RECOMMENDATION FOR NAMING THE ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER WHEREAS, a recommendation has been received from Commissioner Alice Gordon that "Orange County Southern Human Services Center" be the official name for the new county facility located on Homestead Road in Chapel Hill ; and WHEREAS, this name identifies the functional purpose of this facility; and WHEREAS, the County Manager concurs with this recommendation per County Policy Number A:0390, Naming of County Owned Buildings and Facilities Policy; NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners hereby declare the official name of the aforementioned facility be "Orange County Southern Human Services Center" by this resolution adopted this 16th day of December, 1997. VOTE: UNANIMOUS A motion was made by Commissioner Crowther, seconded by Commissioner Carey to name the new Superior Courtroom the "Judge F. Gordon Battle Superior Courtroom" as indicated in the resolution stated below: A RESOLUTION OF RECOMMENDATION FOR NAMING THE NEW ORANGE COUNTY SUPERIOR COURTROOM WHEREAS, a recommendation has been made by the Judicial District 15B Bar as represented by its President, O. Kenneth Bagwell, Jr., that the new Superior Courtroom be named in honor of Judge F. Gordon Battle, Resident Superior Court Judge for the past twenty years; and WHEREAS, this recommendation is based on Judge Battle's distinguished record as a jurist and his exemplary character and ability; and WHEREAS, the County Manager concurs with this recommendation per County Policy Number A:0390, Naming of County Owned Buildings and Facilities Policy; NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners hereby declare the official name of the aforementioned facility be "Judge F. Gordon Battle Superior Courtroom" by this resolution adopted, this 16th day of December, 1997. VOTE: UNANIMOUS f. Orange County small business loan pool The Board considered approval of articles of incorporation and bylaws for the Orange County Small Business Loan Program. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the resolution as stated below and direct the County Attorney to proceed: RESOLUTION APPROVING FORMS OF ARTICLES OF INCORPORATION AND BYLAWS FOR ORANGE COUNTY SMALL BUSINESS LOAN PROGRAM COMPANY WHEREAS: Orange County has determined to establish a program to enhance the availability of loans for small businesses in Orange County. There have been presented to this meeting proposed forms of Articles of Incorporation and Bylaws for Orange County Small Business Loan Program Company, which is a nonprofit corporation proposed to be formed as part of creating and activating the County's small business loan program. Such instruments appear to be in forms appropriate for their purposes and for the County's approval. BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina, as follows: 1. The forms of the Articles of Incorporation and Bylaws for Orange County Small Business Loan Program presented to this meeting are hereby approved. 2. All actions of County officers and employees in furtherance of the purposes of this resolution and in the formation of Orange County Small Business Loan Program Company are hereby ratified, approved and confirmed. All other resolutions or parts thereof in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. VOTE: UNANIMOUS g_ Award of proposals -aerial photography The Board considered authorizing staff to negotiate an agreement with a company which would provide aerial photography and other services related to enhancing the County GIS. A motion was made by Commissioner Halkiotis, seconded by Chair Crowther to 1) authorize staff to negotiate with Atlantic Technologies Limited and prepare an agreement for the Board's review and approval at the Commissioners' meeting on January 20, 1998; and 2) develop a proposed plan for cost sharing among those jurisdictions or entities in Orange County who wish to obtain and use the aerial photographs. VOTE: UNANIMOUS h. Memorandum of Understanding _ Orange County Interim Health Director A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the Memorandum of Understanding with The University of North Carolina School of Public Health for the services of Interim Health Director, contingent on review by the County Attorney and the University. VOTE: UNANIMOUS 10. REPORTS a. Adult Care Home Community Advisory Committee annual report The Board received the Adult Care Home Community Advisory Committee's 1996 annual report as information. A copy of this report is in the permanent agenda file in the Clerk's Office. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the resolution as stated below: RESOLUTION OF APPRECIATION FOR RANDY BRANTLEY WHEREAS, Randy Brantley has served diligently as an advocate for adult care; in Orange County; and WHEREAS, Randy Brantley has been a member of the Orange County Adult Care Home Community Advisory Committee for ten years, and served as Chair for seven years; and WHEREAS, Randy Brantley was instrumental in identifying inadequate living conditions and patient care found in adult care homes; and WHEREAS, Through his conscientious and steadfast efforts, Randy Brantley helped to improve the quality of life for many Orange County residents; and WHEREAS, Randy Brantley's advocacy efforts led to legislation which now strengthens the licensing requirements for adult care homes throughout the state of North Carolina. NOW, THEREFORE BE IT RESOLVED that the ORANGE COUNTY BOARD OF COMMISSIONERS, acknowledges RANDY BRANTLEY for his commitment to others and many years of volunteer service dedicated to helping the residents of Orange County. This the 16th day of December 1997. VOTE: UNANIMOUS b. Orange County Work First Program The Board heard a report on the Orange County Work First plan. This plan will be available for public comment until the middle of January. On January 20, Social Services Director Marti Pryor Cook will present the final plan which will meet the eight statewide goals for Work First. She gave a brief overview of what is included in the plan. C. Wildlife habitat protection The Board heard a report from Planner Don Belk on techniques to protect wildlife habitat. d. Creation of on-site waterlwastewater treatment failure classification/terminology policy The Board considered a proposal for a process to categorize public health concerns resulting from the failure of existing on-site water and wastewater treatment systems. County Engineer Paul Thames explained this change in definition and policy in the way we look at the finding of fact for each situation. The Board agreed to forward to the Board of Health the suggestion that the term, definition, etc. related to the "adverse public health condition" be incorporated into local health regulation and policy and receive their feedback on this suggestion. They also agreed to forward to the Water and Sewer boundary Task Force the suggestion that the term, definition, etc., related to the "adverse public health condition" be incorporated into its recommendations as to water and sewer extension and receive their feedback on this suggestion. Commissioner Brown asked that the staff bring back a report on item five which would outline the discrepancies within County Zoning Ordinance and policies for a Board decision on how those discrepancies are to be eliminated. EXTENSION OF MEETING UNTIL 11:00 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to extend the meeting until 11:00 to address items 10-e, 11 and 13. VOTE: UNANIMOUS e. Teen Court report The Board heard a report on the N.C. Teen Court Program and considered the feasibility of establishing such a program in Orange County. Management Analyst Sharron Siler made this report. Sharron Siler suggested that the County Commissioners appoint an advisory board on January 20 which will develop a funding plan. Donnie Phillips, Probation Supervisor, said that time is of the essence and asked that the County Commissioners go ahead and appoint a committee now. The committee would include the Sheriff or designee, Carl Fox and/or other designees from his office, former Judge Stanley Peele, Commissioner Crowther, members of County staff and others. He will ask the school superintendents to also participate. There was a consensus of the Board to authorize Commissioner Crowther, John Link, Sharron Siler and Donnie Phillips to meet with Judge Butner to develop this program and move forward. 11. APPOINTMENTS 10 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint the following citizens to the Information Technology Committee: Joel Dunn Nancy Feder Marian G. Moore Doug Noell Tony Rail Frank Smith John Smith Rebecca Troutman VOTE: UNANIMOUS 12. MINUTES 13. CLOSED SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to go into Closed Session for the purpose of instructing staff on positions to be taken on behalf of Orange County when negotiating leases. Authority: G.S. Section 143-318-11(a)(5) VOTE: UNANIMOUS A motion was made by Commissioner Crowther, seconded by Chair Margaret Brown to reconvene into regular session. VOTE: UNANIMOUS 15. ADJOURNMENT With no further items for the Board to consider, a motion was made by Commissioner Halkiotis, seconded by Chair Margaret Brown to adjourn the meeting. The next regular meeting will be held on January 20, 1998 at the OWASA Community Meeting Room, 400 Jones Ferry Road, Carrboro, North Carolina. Margaret W. Brown, Chair Beverly A. Blythe, Clerk