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