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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
Regular Meeting
December 1, 1998
The Orange County Board of Commissioners met in regular session on Tuesday, December 1, 1998 at
7:30 p.m. in the F. Gordon Battle Courtroom, Hillsborough, 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 Albert
Kittrell and Rod Visser and Deputy Clerk to the Board Kathy Baker.
1. ADDITIONS OR CHANGES TO THE AGENDA
Consent Items "b" and "c" were removed from the Consent agenda for discussion.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Agenda
Chair Margaret Brown asked that citizens who want to speak on an item on the printed agenda to
please sign the clipboard at the back of the room.
b. Matters not on the Printed Agenda - NONE
PUBLIC CHARGE
Chair Margaret Brown dispensed with the reading of the public charge.
3. BOARD COMMENTS
Commissioner Gordon announced that the County Commissioners will hear a report on Phase II of the
USGS from the Water Resources Committee. She mentioned that the Water Resource Committee has
asked that there be a liaison with the Commission for the Environment. Richard Pratt has volunteered to
serve as liaison.
Commissioner Halkiotis made reference to the citing of the Sheriffs substation in Efland and said that a
report will come back the first of February, 1999.
Commissioner Halkiotis made reference to an article in the Chapel Hill News about two charter school
groups, FREE and the Village Charter group. He asked that information be provided on several items which
were noted by John Link. A report will be forthcoming on these questions.
Chair Brown noted that the University of North Carolina has asked that a County Commissioner serve
on their Large Design Planning Committee which is developing a campus plan. They plan to meet tomorrow
at 2:00 at the Morehead Planetarium room. She will attend that meeting.
Commissioner Gordon made reference to the Triangle Transit Authority and asked that staff review the
report about Stations Environmental Impact and report back on the transportation and financial implications.
4. COUNTY MANAGER'S REPORT - NONE
5. RESOLUTIONS/PROCLAMATIONS
a. Resolution to Proclaim Dec. 9 as "Betty June Haves Day in Orange County"
The Board considered a resolution Proclaiming December 9, 1998 as "Betty June Hayes Day in
Orange County " to celebrate the half-century career of the county's retiring Register of Deeds.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the
resolution as stated below:
Resolution to Proclaim
December 9, 1998 as
"Betty June Hayes Day"
in Orange County
WHEREAS,for more than a half-century, Betty June Hayes has served the citizens of Orange County
with great distinction as Assistant to the Register of Deeds, Clerk to the Board of
County Commissioners and Register of Deeds; and,
WHEREAS, in 1954, the citizens voted Betty June Hayes into office as their Register of Deeds,
making her the first woman to hold a county vide elected office in Orange County; and,
WHEREAS,she was responsible for establishing state standards and certification requirements for
all state Registers of Deeds, deputies and assistants, and was recognized for her work
by the North Carolina Association of Registers of Deeds; and,
WHEREAS,Betty June Hayes has served on the boards of directors for the Orange County Heart
Fund, United Way, Cancer Society and Red Cross. She wrote the legislation that created
the Hillsborough Historical Society and received the Mary Claire Engstrom Distinguished
Service Award in 1996 for her work in preserving local historical records.
NOW, BE IT RESOLVED that the Orange County- Board of Commissioners officially commends Betty
June Hayes for her many years of distinguished service, and proclaims that December 9,
1998, shall be "Betty June Hayes Day" in Orange County.
BE IT FURTHER RESOLVED that this resolution be presented to Ms. Hayes, with a copy sent to the
press, and that the Resolution be spread upon the minutes of this meeting, the first day
of December. 1998.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS - NONE
8. ITEMS FOR DECISION -CONSENT AGENDA
a. Contract Between Orange Countv Health Department and UNC School of Dentistrv for
Dental Resident Services
The Board approved and authorized the chair to sign a contract with the UNC School of Dentistry
for the services of a dental resident for dental clinics in Hillsborough and Carrboro at an annual cost of
$38,568.
b. Chapel HilllCarrboro At-risk Youth Committee
This item was removed from the Consent Agenda and was considered after the Consent Agenda.
C. Forest Service Contract Renewal
This item was removed from the Consent Agenda and was considered after the Consent Agenda.
d. Budaet Amendment #4
The Board approved budget ordinance amendments, grant and capital project ordinances which
are incorporated into these minutes by reference.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
b. Chapel Hill/Carrboro At-risk Youth Committee
The Board considered appointing a member to a work group to address at-risk youth.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint
Commissioner Carey to serve on this work group.
VOTE: UNANIMOUS
C. Forest Service Contract Renewal
The Board considered approving an annual contract with the North Carolina Department of
Natural Resources and Community Development in the amount of $57,246, to support Forest Service efforts
in Orange County for fiscal year 1998-99.
Mr. Orrin Pilkey spoke about the cutting of trees near his property. He said that the State Forester
denied that the logger cut into the buffer zone. He feels that forestiand is not being protected according to
law.
Geoffrey Gledhill said that Orange County protects the watershed through its Zoning Ordinance.
Zoning regulations are not intended to zone farms. Forest management plans come under the general
heading of farms. There are State laws that require buffers and those laws are enforced by a division of the
State.
After further discussion, it was decided to table this item until the next meeting and that we invite
the Forrester to attend that meeting to answer these questions.
A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to table this
item until additional information is received.
VOTE: UNANIMOUS
9.
a.
The Board considered takina action to implement the new Environment and Resource
Conservation Department.
John Link gave background information on establishing this Department.
David Stancil outlined the process they followed in getting input about this new department. He
reviewed the ongoing initiatives in Orange County on environment and resource conservation issues.
In answer to a question from Commissioner Crowther, David Stancil said that they have not met
with the Soil and Water Board of Directors but he has talked with several members of that Board and plans to
meet with them soon.
Commissioner Gordon commended David Stancil for his work on the details of the functionality of
this new department and how it will work with other departments.
b. Request for Funding -Joint Orange Chatham Community Action Agency JOCCA
The Board considered a funding request from the Joint Orange Chatham Community Action
agency in an amount not to exceed $12,500.
John Link made reference to the information in the agenda. He recommends that the Board
match dollar for dollar the amount JOCCA reduces their deficit at the end of the fiscal year which is June 30,
1999. The amount of the County match should not exceed $12,500 or approximately one half of the
JOCCA's current deficit of $25,683.
Edith Hubbard, Chair of the JOCCA Board of Directors, presented additional information about
their request.
Mr. Bob Ebbe said that incoming revenues have been cut. He presented the facts on the JOCCA
Budget Status. They have made a presentation to Chatham County but have not received a response.
Commissioner Carey said that he supports additional funding for JOCCA because they care for
the neediest people in this County.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon that the
Board match dollar for dollar the amount JOCCA reduces their deficit at the end of the fiscal year, June 30,
1999. The amount of the County match should not exceed $12,500 or approximately one half of the
JOCCA's current deficit, $25,683.
VOTE: UNANIMOUS
10. REPORTS
a. Status of Groundwater Resource Investigation
The Board received a status report from the Water Resources Committee on phase II of the
ground water resource investigation.
Planner David Stancil introduced the report and said that in July, 1997 the County entered into a
cooperative cost-share project with the U.S. Geological Survey for Phase II of a Ground Water Resource
Investigation. Committee member Charles Daniel made the rest of the presentation. He said that Phase II of
the resource investigation involves extensive research into both ground water availability, use and quality.
The project builds on information about recharge rates to the ground water system that will "enable the
County to learn more about the area's carrying capacity and identify potential water quality problems." The
project involves sampling of wells across the County for yield and quality, analysis of the total amount of
ground water available for use, possible wellhead protection procedures specific to the County's
hydrogeology, and eventually alternative planning and management strategies for future consideration. The
project is scheduled to be completed in June, 2000. This interim report provided an update on project
activities to date. The report included in the agenda describes in detail the objectives, approach, benefits,
timeframe and budget for phase II of the ground water resource investigation. Charles Daniel expanded on
each of these areas. He answered several questions from the County Commissioners.
Commissioner Gordon noted that the next step needs to be defined by the Board of County
Commissioners. This could be discussed at the retreat. She thanked the members of the Water Resources
Committee and the staff for their excellent work.
B. School Impact Fee Technical Report Update
The Board received an update to the technical report on school impact fees from Rod Visser. He
said that the current impact fees of $3,000 for the Chapel Hill/Carrboro City School district and $750 for
the Orange County School district are well supported by the consultants findings.
In answer to a question from Commissioner Crowther, Rod Visser said that the revenues from the
impact fee must be spent within ten years.
J. Matthew Smith with the Triangle Apartment Association said that in April they presented their
position that they feel the impact fee is regressive. At that time, the County Commissioners asked that
the County Manager conduct his own survey.
John Link said that he has discussed other methods of calculating this fee with Professor Emil
Malizia but that it is a question of whether or not they put the time required into other options and who
will pay the costs.
Commissioner Carey said that the County Commissioners are concerned about the regressive
nature of this flat fee but the County does not have legislative authority to levy an impact tax.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to receive
the report for information only at this time.
VOTE: UNANIMOUS
C. 1997-98 Comprehensive Annual Financial Report
The Board received for information the Comprehensive Annual Financial Report and Single Audit
Report for the fiscal year ended June 30, 1998.
Finance Director Ken Chavious presented in detail some of the highlights of the report and was
available to answer any questions.
d. Affordable Housing - Land Trust Implementation Task Force Report
The Board received a report on affordable housing from the Land Trust Implementation Task
Force.
Housing and Community Development Director Tara Fikes presented highlights from the report.
In summary, the task force has developed its recommendation for a Countywide land trust. They recommend
that a 501(c)(3) non-profit organization be created that would contract with the Orange Community Housing
Corporation to serve as administrator of the land trust. This organization would not have an independent paid
staff, but a Board of Directors to develop policy and procedures for the land trust and seek new opportunities
for the land trust.
Alison Weiner, Implementation Task Force Chair mentioned that the Chapel Hill Town Council
and the Carrboro Board of Aldermen have accepted the recommendations as detailed on page six of the
report. She elaborated on the volunteer resources they already have in place to begin this program.
However, they anticipate that a half-time staff person will be needed by the summer of 1999 to help with
marketing.
In answer to a question from Commissioner Gordon, Alison Weiner said that they don't know what
the financial impact will be on Orange County at this time. They have put a structure in place to utilize
existing resources. They will need additional resources for marketing the program. She said that they are
creating a new service that does not exist. What makes it work is that it is a long term commitment to the
homeowner. The homeowner and the Land Trust have vested interest. The Institute of Community Economy
will help put into place a proven structure that will work.
Chair Brown suggested that the County Commissioners schedule a work session to further
discuss the Affordable Housing Task Force Report that they accepted earlier this year and that this program
be added to that report.
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve
the recommendations of the Land Trust Implementation Task Force regarding the implementation of a
community land trust in Orange County.
VOTE: UNANIMOUS
11. APPOINTMENTS
The Board considered appointments to the Economic Development Commission and the Orange Water
and Sewer Authority Board of Directors.
Chair Brown asked that the appointment to the OWASA Board of Directors be delayed.
A motion was made by Commissioner Gordon seconded by Commissioner Carey to reappoint
Louis Calleymn to the Economic Development Commission as the Town of Hillsborough representative for a
term ending June 30, 2001 and to delay the remainder of the appointments on the EDC.
VOTE: UNANIMOUS
12. MINUTES - NONE
13. CLOSED SESSION
"To prevent disclosure of information made privileged or confidential," NCGS 143-318.1 O(e); and, "To
establish the County's position and to instruct the county manager and the county attorney on the
negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-
318.11(a) (5).
A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to go into
closed session "To prevent disclosure of information made privileged or confidential," NCGS 143-
318.1 O(e); and, "To establish the County's position and to instruct the county manager and the county
attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS
§ 143-318.11(a)(5).
VOTE: UNANIMOUS
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to reconvene into
regular session.
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items for the Board to consider, Chair Brown adjourned the meeting. The next
meeting on the regular meeting calendar is scheduled for Tuesday, December 8, 1998 at 7:30 p.m. in the
Board room of the Southern Human Services Center, Chapel Hill , North Carolina.
Margaret W. Brown, Chair
Kathy Baker, Deputy Clerk