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HomeMy WebLinkAboutMinutes - 19950803APPROVED 10/2/95 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 3; 1995 The Orange County Board of Commissioners met in regular session on Thursday, August 3, 1995 at 7:30 p.m. in the courtroom of the Old County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe (other staff members are identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL ORDINANCE CHANGES HAVE BEEN INCORPORATED INTO THE.ORDINANCE BOOK IN THE COMMISSIONERS' LIBRARY. I. ADDITIONS OR CHANGES TO THE AGENDA The Board added a resolution as item V-B, added an appointment to the Board of Health (VIII-A) and added an item to the August 28 Public Hearing Notice (IX-E) to receive public comments on the report on water and sewer service boundaries II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who want to speak on an item on the printed agenda will be recognized at-the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Deborah Christie spoke on behalf of the Piney Mountain Homeowners Association. She read a prepared statement which is in the permanent agenda file. She noted that the new wastewater system they installed has a value which exceeds $500,000. She asked that the County and OWASA consider remitting the administrative and legal fees incurred by OWASA and Orange County in the preparation of legal documents associated with the Piney Mountain project, and in contributing engineering and other staff time to oversee the project. The total amount to be remitted does not exceed $25,000 for each of OWASA and Orange County. This was referred to the County Manager for a report to be returned to the Board of County Commissioners at their next regular meeting. Mr. James Gray who lives in Dairyland Estates Subdivision informed the Board about an illegal landfill in that subdivision. He noted that in one day over 200 trips were made to this landfill. He feels that he is not getting any help from the County in alleviating this problem. Chair Carey said that this situation will be reviewed by the County's Zoning Enforcement Officer and a report will be forthcoming. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMi~NTS - NONE IV. COUNTY MANAGER'S REPORT John Link announced that Orange County has been notified that they will receive a Ketner Award of Excellence for the financing package developed for the Triangle SportsPlex. V. RESOLUTIONS/PROCI,AMF,TIONS A. RESOLUTION ADJUSTING BASIC SERVICE RATES BASED ON EXTERNAL CABLE TV COSTS A motion was made by Commissioner Crowther, seconded by Chair Carey to adopt the Resolution/Order Approving Adjustments in Basic Service Rates Based on External Costs as stated below: ORDER APPROVING ADJUSTMENTS IN BASIC SERVICE RATES BASED ON EXTERNAL COSTS FCC-1210 BY ORANGE COUNTY: WHEREAS, on May 17, 1995, Cablevision Industries, d/b/a CVI, filed an FCC- 1210 Updating Maximum Permitted Rates form for Regulated Cable Services with Orange County. CVI's filing covers-the period of April 1, 1994 through December 31, 1994; WHEREAS, cable operators are allowed to recover inflationary costs anytime between October 1, 1994 through August 31, 1995, based on inflationary costs incurred during October 1, 1993 through June 30, 1994; WHEREAS, on June 20, 1995, the County received a report from its consultants indicating that CVI's said filing was in compliance with Federal Communications Commission procedures, allowing for the adjustment of basic cable service rates based on external cost factors; and, WHEREAS, Orange County has authority to regulate basic service rates charged by CVI serving franchise NC-0256, Orange County. IT IS A FINDING: That Cablevision Industries has justified the adjustment of its basic tier service rates based on external cost factors - inflation. IT IS THEREFORE ORDERED: That basic rates assessed subscribers within Orange County by Cablevision Industries are approved as follows: Basic Service $8.76 Issued by order of Orange County. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) ADDED RESOLUTION B. RESOLUTION TO OPPOSE PREEMPTION OF LOCAL REGULATION OF CELLULAR CON~1LJNICATION TOWERS A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the resolution as stated below: RESOLUTION TO OPPOSE PREEMPTION OF LOCAL REGULATION OF CELLULAR COMMUNICATION TOWERS WHEREAS, Orange County, North Carolina has adopted zoning regulations throughout the County in order to provide for orderly growth and minimize impacts from conflicting land uses; and WHEREAS, the Orange County, North Carolina Zoning Ordinance requires cellular communication towers to receive approval of a Class B Special Use Permit in order to assure that such towers will not have adversely affect the value and use of surrounding properties; and WHEREAS, Orange County, North Carolina has received an ever-increasing number of requests for new cellular towers; and WHEREAS, the increase in the number of towers is expected to continue in the future; and WHEREAS, Orange County, North Carolina is in the process of developing ordinance amendments which seek to address technological requirements of the industry as well as citizen concerns; and WHEREAS, a major rewrite of telecommunications law now being considered by the United States House of Representatives and United States Senate would give the Federal Communication Commission approval authority for the siting and construction of cellular towers and satellite antennas, preempting local zoning regulations; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners during this regular meeting on August 3, 1995, urges its-Congressmen, the Honorable Frederick Heineman (4th Congressional District) and the Honorable Melvin Watt (12th Congressional District), to oppose any provisions of HR 1555 which would preempt local control of the siting of telecommunication towers and antennas, as expressed in the letters attached from the Chair of the Orange County Board of Commissioners. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS -NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve those items on the Consent Agenda as stated below: A. APPOINTMENTS The Board approved the following appointments: HUMAN SERVICES ADVISORY COMMISSION Barbara Rynerson reappointed for a term ending 6/30/98 Bonnie Davis appointed for a term ending 6/30/98 AGRICULTURAL DISTRICTS ADVISORY BOARD Robert Nutter reappointed for a term ending 6/30/98 Dolly Hunter reappointed for a term ending 6/30/98 CHAPEL HILL/ORANGE COUNTY VISITOR'S BUREAU Pat Evans appointed for a term ending 12/31/96 REGIONAL COUNCIL OF THE ALBEMARLE-PAMLICO ESTUARINE STUDY Moses Carey appointed as a representative of County Government B. MINUTES The Board approved the minutes for May 16 and May 31, 1995. C. VEHICLE EXTRICATION FRANCHISE APPLICATIONS The Board approved franchise requests, in accordance with the County's Franchise Ordinance, from Chapel Hill, New Hope and White Cross Fire Departments for rescue services (vehicle extrication). D. FIRST RESPONDER FRANCHISE APPLICATION The Board approved the franchise for Chapel Hill Fire Department to provide first responder services. E. NORTH CHATHAM FIRE INSL7rRANCE DISTRICT BOUNDARIES The Board adopted the resolution as stated below which formally approves the insurance rating district for fire services provided in Orange County by the North Chatham Volunteer Fire Department. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPROVING THE BOUNDARIES OF THE NORTH CHATHAM FIRE INSURANCE RATING DISTRICT WITHIN ORANGE COUNTY WHEREAS, the residents of the Southern Triangle and Damascus fire tax districts receive fire protection from the North Chatham Volunteer Fire Department, and WHEREAS, the North Chatham Volunteer Fire Department is involved in a process that may lead to a reduction in their fire insurance rating from 9 to 7, and WHEREAS, such a reduction would benefit residents of the insurance rating district served by North Chatham by making homeowners and businesses eligible for reductions in their fire insurance premiums, and WHEREAS, the Department of Insurance Administrative Procedures Code requires as an element of the certification process that the Orange County Board of Commissioners approve the boundaries of the insurance district that are within Orange County; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby approve the North Chatham insurance district boundaries in the Southern Triangle and Damascus fire tax districts as reflected on the attached map, which is incorporated in this resolution by reference. F. HOUSING REHABILITATION CONTRACT AWARDS The Board approved the following three DWELLING UNIT BID AMOUNT #18 $ 7, 165 #19 5,585 $22 24, 080 rehabilitation contracts: CONTRACTOR Taylor Home Improvements Sanders Bilt Construction Co. Taylor Home Improvements G. REVISION OF PRELIMINARY PLAN FOR HANNAH CREEK SUBDIVISION This property is located on the west side of High Road near the Orange-Alamance County line. The tract contains 84.62 acres. The applicant proposes changing some of the lot lines while leaving the total number of residential lots in the subdivision unchanged. The additional open space area created results in a net increase of 1.2 acres of open space in the development. The Board approved the proposed revisions in accordance with the Revised Resolution of Approval in the permanent agenda file. H. PRELIMINARY PLAN - THOMAS PLACE SUBDIVISION This property is located on the south side of Walker Road in Eno Township. The area proposed for development is 43.49 acres in size with 25 lots proposed. Each lot will be served by individual wells and septic tanks. The Board approved the Preliminary Plan for Thomas Place in accordance with the Resolution of Approval in the permanent agenda file. I. PRELIMINARY PLAN - MEADOW RIDGE SUBDIVISION The property is located on the south side of New Hope Church Road west of Interstate 40 in Chapel Hill Township. It is zoned Rural Buffer and designated Rural Buffer in the Land Use Element of the Comprehensive Plan for Orange County. The tract is 26.02 acres in size with thirteen new residential lots proposed. Individual wells and septic tanks are proposed to serve the new lots. The Board approved the Preliminary Plan for Meadow Ridge in accordance with the Resolution of Approval in the permanent agenda file. J. CHANGE OF REGULAR MEETING DATE The Board approved changing the regular meeting scheduled for August 15 to August 22. The location and time remains the same. K. PROPOSED ZONING ORDINANCE TEXT AMENDMENT FOR ARTICLE 8 SPECIAL USES The Board approved which clarifies who bears the Special Use Permits. L. 1994-95 ANNUAL TAX The Board accepted delinquent taxes as attached the proposed amendment to the Zoning Ordinance burden of proof in the consideration of SETTLEMENT the 1994-95 Annual Settlement on current and to these minutes on pages M. ADDITIONAL PERMANENT HOURS FOR SOCIAL WORKER II POSITION The Board approved changing the social Worker II position from permanent part-time 32 hours per week to permanent full-time. This position will be responsible for training foster parents, initial licensing, annual relicensing, and ongoing supportive case management. N. SCHOOL RESOURCE OFFICER FOR NEW STANBACK MIDDLE SCHOOL This item was removed from the Consent Agenda and considered immediately following the Consent Agenda. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA N. SCHOOL RESOURCE OFFICER FOR NEW STANBACK MIDDLE SCHOOL A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the revised grant project ordinance for the Violence Prevention School Resources program and authorized one additional deputy position (1 FTE) funded by the State and the Orange County Schools. The following revenue is anticipated to be available to complete this project: Intergovernmental (1994-95) $ 76,614 Intergovernmental (1995-96) 104,504 Seventh five percent of the total cost of this project is funded by grant funds. The required match for this grant is included in the Sheriff's Department General Fund operating budget. General fund Operating March (1994-95) 25,538 General Fund Operating Match (1995-96) 21,747 The following amount is appropriated for this project: Public Safety (1994-95) 102,152 Public Safety (1995-96) 126,251 VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. 'COMMUNITY DEVELOPMENT BLOCK GRANT AWARD The County was recently awarded $378,495 in Community Development Block Grant funds by the N.C. Department of Commerce. Funds will be used to rehabilitate 17 deteriorated houses in the County. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the grant agreement, funding approval form and signatory form and certification cards for the 1995 Community Development Block Grant award. VOTE: UNANIMOUS B. AGREEMENT BETWEEN ORANGE COUNTY AND UNITED WAY OF GREATER ORANGE COUNTY On May 16, 1995 the Board endorsed the concept and implementation of the automated information and referral system as presented by the Manager's Office Management Intern, Loretta Harper. On June 16, 1995, United Way of Greater Orange County agreed to provide ongoing administration for a countywide automated information and referral system in collaboration with Orange County and the Orange County Partnership for Young Children. A motion was made by Commissioner Halkiotis seconded by Commissioner Crowther to approve and authorize the Chair to sign an agreement with United Way of Greater Orange County for establishing a countywide, automated information and referral system. VOTE: UNANIMOUS C. SADDLE CLUB ROAD SOLID WASTE CONVENIENCE CENTER CONSTRUCTION BIDS A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to reject all bids for the Saddle Club Road Solid Waste Convenience Center construction, to continue to maintain current operations at High Rock Road for a period of at least six months pending the results of the Weston report and reevaluation of the construction market, assuming continued approval of the landlord. VOTE: UNANIMOUS D. ZONING ATLAS AMENDMENT - Z-4-95 DONALD KEITH GODWIN The Board was presented for consideration of approval a rezoning for property owned by Thomas Walker and Gail Harris located at the northwest corner of Rogers Road and Tallyho Trail. The property consists of one parcel containing 13.6 acres. According to the Joint Planning Area Land Use Plan this parcel is categorized as suburban Residential and is located within Transition Area I of the Carrboro Joint Development Review Area. Commissioner Willhoit made reference to comments made at the public hearing about the impact of this rezoning on stormwater runoff and asked if there is any assurance that these concerns will be addressed. He asked that action on this item be delayed until they are sure that the stormwater runoff problems can be addressed at the time this parcel is developed. No Action was taken on this item. It will be placed on the next agenda for consideration. E. ADVERTISEMENT - AUGUST 28, 1995 QUARTERLY PUBLIC HEARING A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve the legal notice as presented and amended for the quarterly public hearing scheduled for August 28, 1995. VOTE: UNANIMOUS F. PROPOSED CHANGES TO THE ORANGE COUNTY CIVIL RIGHTS ORDINANCE AND POLICIES AND PROCEDURES A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the changes as presented in the Orange County Civil Rights Ordinance and the Policies and Procedures required by the US Department of Housing and Urban Development in order to receive substantial equivalency certification. VOTE: UNANIMOUS X. REPORTS - NONE XI. APPOINTMENTS - NONE XII. MINUTES -NONE XIII. CLOSED SESSION - NONE XIV . ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, August 22, 1995 at 7:30 p.m. at the OWASA building in the community meeting room. Moses Carey, Jr., Chair Beverly A. Blythe, Cler 1 O R A N G E C O II N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Aug. 3, 1995 Action Agenda Item SUBJECT: 1994-95 Annual Settlement DEPARTMENT: Revenue ATTACHMENT(S); Report of Annual Tax Settlement PUBLIC HEARING: Yes X No INFORMATION CONTACT: JOHN T. HORNER: EXTENSION 2727 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the amount collected for 1994 and prior. BACEiGROUND: Mandated by General Statutes 105-373.3 (3) Settlement for current taxes: After July 1 and before he is charged with taxes for the current year, the Tax Collector shall mare full settlement with the cJoverning bocly of the taxing unit for all taxes in his hands for collection for the preceding fiscal year. In the Settlement the Tax Collector shall be charged with: (a) The total amount of all taxes in his hands for collection for the full year, including amounts originally charged to him and all amounts subsequently charged on account of cliscoveries; (b) All penalties, interest and cost collected by him in connection with taxes for the current year. RECOMMENDATION: The Manager recommends the Settlement be accepted as reported and entered into the minutes. REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30, 1995 ORANGE COUNTY Percent Levy for 1994 $ 44,015,987.07 1993 and prior $ 1,108,522.10 Total interest charged $ 185,555.95 Total $ 45,310,065.12 Levy collected for 1994 1993 and prior Accounts receivable for 1994 1993 and prior Total interest collected TOWN OF CHAPEL HILL Levy for 1994 1993 and prior Total interest charged Total Total $ 11,449,076.82 $ 245,003.83 $ 30,748.13 $ 11,724,828.78 Levy collected for 1994 1993 and prior Accounts receivable for 1994 1993 and prior Total interest collected Total $ 43,324,443.42 $ 713,810.86 $ 691,543.65 $ 394,711.24 $ 185,555.95 $ 45,310,065.12 $ 11,311,434.95 $ 136,732.09 $ 137,641.87 $ 108,271.74 $ 30,748.13 $ 11,724,828.78 2 REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30, 1995 TOWN OF CARRBORO Levy for 1994 $ 2,959,382.75 1993 and prior $ 75,101,88 Total interest charged $ 10,617.11 Total $ 3,045,101.74 Levy collected for 1994 1993 and prior Accounts receivable for 1994 1993 and prior Total interest collected Total TOWN OF HILLSBOROUGH Levy for 1994 $ 1993 and prior $ Total interest charged $ Total $ Levy collected for 1994 1993 and prior Accounts receivable for 1994 1993 and prior Total interest collected 877,223.17 28,049.41 4,907.54 910,180,12 Total $ 2,921,202.65 $ 50,093.31 $ 38.180.10 $ 25,008.57 $ 10,617.11 $ 3,045,101.74 $ 856,174.36 $ 19,571.87 $ 21,048.81 $ 8,477.54 $ 4,907.54 $ 910,180.12 3 4 CITY OF DURHAM (M7) Levy for 1994 $ 539.63 Levy for 1993 and prior $ 9.26 TOTAL $ 548.89 Levy collected of 1994 $ 539.63 Levy collectecl for 1993 and prior $ 9.26 Acco unts receivable for 1994 $ 0.00 Account receivable for 1993 and prior $ 0.00 TOTAL $ 548.89 CITY OF MEBANE (M6) Levy for 1994 $ 9,537.76 Levy for 1993 $ 311.18 TOTAL $ 9,848.94 Levy collected for 1994 $ 8,680.80 Levy collected for 1993 and prior $ 154,13 Acco unts receivable for 1994 $ 856.96 Acco unts receivable for 1993 and prior $ 157.05 TOTAL $ 9,848.94 5 OTHER REVENUE CHAPEL HILL VEHICLE FEES (V2) Levy for 1994 $ 224,980.00 1993 and prior $ 25,994.49 Total $ 250,974.49 Levy collected for 1994 $ 204,907.72 1993 and prior $ 11,487.90 Accounts receivable far 1994 $ 20,072.28 1993 and prior $ 14,506.59 TOTAL $ 250,974.49 CARRBORO VEHICLES FEES (V1) Levy for 1994 $ ?6,880.00 1993 and prior $ 11,732.43 Total $ 88,612.43 Levy collected for 1994 $ 66,763.31 1993 and prior $ 5,603.62 Accounts receivable for 1994 $ 10,116.69 1993 and prior $ 6,128.81 Total $ 88,612.43 6 HILLSBOROUGH VEHICLE FEES (V3) Levy For 1994 $ 30,690.00 Levy for 1993 and prior $ 5,909.82 TOTAL $ 36,599.82 Levy collected for 1994 $ 25,740.00 Levy collected for 1993 and prior $ 3,051.19 Accounts receivable for 1994 $ 4,950.00 Accounts receivable far 1993 and prior $ 2,858.63 TOTAL $ 36,599.82 DURHAM VEHICLE FEES (V 7) Levy for 1994 $ 60.00 Levy for 1993 $ 5.00 TOTAL $ 65.00 Levy collected for 1994 $ 60.00 Levy collected for 1993 and prior $ 5.00 Accounts receivable for 1994 $ 0.00 Account receivable for 1993 and prior $ 0.00 TOTAL $ 65.00 MOTOR VEHICLE PENALTY Levy due for 1993 and p rior $ 35,240.62 Levy collected for 1993 and prior $ 4,959.81 Accounts receivable for 1993 and prior $ 30,280.81 MOTOR VEHICLE LEVY 7 ORANGE COUNTY VEHICLES (MO) Levy for 1994 $ 3,644,221.15 Levy for 1993 and prior $ 240,869.75 TOTAL $ 3,885,090.90 ,. Levy collected for 1994 Levy collected for 1993 and prior Accounts receivable for 1994 Accounts receivable for 1993 and prior TOTAL $ 3,366,425.55, $ 151,295.45 $ 277,795.60 $ 89,574.30 $ 3,885,090.90 CHAPEL HILL CITY VEHICLES (M2) Levy for 1994 $ 911,957.05 Levy for 1993 and p rior $ 62,549.43 TOTAL $ 974,506.48 Levy collected for 1994 $ 846,884.64 Levy collected for 1993 and prior $ 33,927.65 Accounts receivable for 1994 $ 65,072.41 Account receivable for 1993 and prior $ 28,621.78 TOTAL $ 974,506.48 CARRBORO CITY VEHICLES (M1) Levy for 1994 $ 305,715.00 Levy for 1993 and prior $ 30,695.58 TOTAL $ 336,410.58 Levy collected of 1994 $ 271,551.30 Levy collected of 1993 and prior $ 18,375.56 Account receivable for 1994 $ 34,163.70 Account receivable for 1993 and prior $ 12,320.02 TOTAL $ 336,410.58 HILLSBOROUGH CITY VEHICLES (M3) Levy for 1994 $ 72,366.13 Levy for 1993 and prior $ 8,614.71 TOTAL $ 80,980.84 Levy collected for 1994 $ 61,850.75 Levy collected for 1993 and prior $ 5,052>00 Accounts receivable for 1994 $ 10,515.38 Accounts receivable for 1993 and prior $ 3,562.71 TOTAL $ 80,980.84 8