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HomeMy WebLinkAboutMinutes - 19901120 1 APPROVED 12/3/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 20, 1990 The Orange County Board of Commissioners met in regular session on Tuesday, November 20, 1990 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen Halkiotis, Commissioners John Hartwell, Shirley E. Marshall and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Agricultural Extension Director Fletcher Barber, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly Blythe, Personnel Analyst I Lana Chandra, Finance Director Ken Chavious, Administrative Secretary Loretta Coble, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Social Services Director Marti Pryor-Cook, County Engineer Paul Thames, Budget Administrator Rod Visser, Budget/Management Analyst Donna Wagner, and EMS Director Nick Waters NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. BOARD COMMENTS Commissioner Hartwell made comments about the recent activities of Triangle J. He referred to the resolution adopted by Durham County with regards to a hazardous waste disposal facility. Triangle J is considering adopting a similar statement. At the next delegates meeting, the governor has been invited and the main item will be the consideration of the siting of this facility. The site near Butner is in the Falls Lake watershed. The resolution that the delegates would adopt would probably not only oppose the siting facility there but also oppose the landfill on the experimental agricultural station in Johnston County. With regards to the disposal of sludge, Commissioner Hartwell stated that although the County cannot adopt an ordinance the Board of Health could make rules for such disposal. He feels the County should enter into an agreement with DEM and police such activity. He is working on a document outlining the necessary process which he plans to distribute in the next few days. Commissioner Hartwell asked that his replacement on the Triangle J Board be a highly assertive person. At the time that Lee County withdrew from Triangle J, he had a promise from the delegate from Wake County that there would be an intergovernmental agreement to insure that the aging program in Orange County would continue. At the executive 2 meeting last week, it was evident that positions have changed. He feels that Johnston County will also withdraw from Triangle J. At that time, Triangle J will probably rethink its role. An assertive person will be necessary to stand up for the interest of Orange County. Commissioner Willhoit emphasized that the County should not assume that the only way to get enforcement for regulating the disposal of sludge is to work out an agreement with the State. While the County needs to be aggressive, the State should be forced to enforce their own regulations. The County's assumption should be that the State is responsible and needs to do their job. Chairman Carey noted that although enforcement by the State would be desirable, the County still needs to develop a program for monitoring the disposal of sludge. Commissioner Marshall announced that Jim Ritchey has taken the appointment of the General Manager of the Triangle Transit Authority. He has a good educational background and has demonstrated through his work experience to be a tremendous professional. She asked for the active support of the Commissioners in the work of the TTA and in particular for the dedicated source of funds. She noted that Mr. Buchanan will be replaced on the Board of Transportation during December or January. She urged the Board to get to know the new member as soon as possible and the new member be encouraged to attend the meetings of the TTA on which he serves as an exofficio member. Commissioner Halkiotis asked for a status report on Carden's Mobile Home Park. Paul Thames stated that the encroachment agreement was approved by the State on October 15. The construction plans for the forced main at Cardens have been submitted to DEM. When the plans are approved the owners of Cardens have thirty days to complete the construction. Chairman Carey distributed to Commissioners Elect Alice Gordon and Verla Insko a video that was done by County Staff. II. COUNTY MANAGER'S REPORT John Link announced that Orange County is one of fifteen recipients of a $20,000 planning grant to develop an application to the Z. Smith Reynolds Foundation for the $1,000, 000 grant they are going to provide called "opportunities for families". III. ADDITIONS OR CHANGES TO THE AGENDA John Link added to the agenda a resolution for Home Health Care and a resolution for Extended Area Service. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Moses Carey announced that anyone who wants to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - None PUBLIC CHARGE 3 Chairman Moses Carey, Jr. , read the public charge. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. BUDGET ORDINANCE AMENDMENT #6 To approve the budget ordinance amendments, grant project ordinance and capital project ordinance as listed below: COUNTY CAPITAL RESERVE FUND Source - Appropriated Fund Balance $ 23,452 Appropriation - Transfer to County $ 23,452 Capital Projects Fund (To budget additional funds for the Animal Shelter Expansion Project) Source - Appropriated Fund Balance $ 18,852 Appropriation - Transfer to County $ 18,852 Capital Projects Fund (To budget additional funds for the Old Courthouse Landscaping project) Source - Appropriated Fund Balance $ 61,500 Appropriation - Transfer to County $ 61,500 Capital Projects Fund (To budget funds for the Land Acquisition project) LAND ACQUISITION PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized will provide funds for the acquisition of land for future public facilities. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 61,500 4 Section 4. The following amount is appropriated for this project: Land Acquisition Project $ 61,500 Section 5. This ordinance shall be in effect from the date of adoption until June 30, 1992. MASTER CLIENT INDEX FILE GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the development of a Master Client Index File which will enhance coordination, information sharing and client tracking among the County's human service agencies. The project will be funded with a grant from the Department of Human Resources and work will be performed by the Human Services Research and Design Laboratory at the University of North Carolina School of Social Work. Section 2. The officers of the County are hereby directed to proceed with the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental- Master Client Index File Project $ 15,000 Section 4. The following amounts are appropriated for this project: Human Services- Master Client Index File Project $ 15,000 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. 5 Section 8. This ordinance shall be in effect until June 30, 1991. B. INDIRECT COST PLAN CONTRACT To approve and authorize the Chair to sign the contract with David M. Griffith & Associates for development of the Indirect Cost Plan at a cost of $8,500. C. APPROVING CONTRACT FOR RECEIVING STATE LAND RECORDS GRANT To approve and authorize the Chair to sign the State's land records matching funds grant contract for the 1990-91 remapping and GIS projects. Orange County has been awarded $3,000 matching funds under the North Carolina Land Records Management Program. D. CABLE TV FRANCHISE - CABLEVISION OF DURHAM (SECOND READING) To approve the second reading of the Cable TV Franchise between Cablevision of Durham and Orange County. This Ordinance grants a franchise to Cablevision of Durham, Inc. to construct and maintain a cable television system within a delineated portion of the unincorporated areas of Orange County. The Ordinance is hereby made a part of these minutes by reference and is attached to these minutes on pages E. CABLE TV SYSTEM ORDINANCE AMENDMENT (SECOND READING) To approve the second reading of the amendment to the Cable TV System Ordinance as stated below: THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section XVI(a) (vi) is rewritten to read: (vi) The grantee shall log all calls for service, identifying the caller, the address of the caller, a description of the complaint including the location of any failure of DATV service. This log shall be tabulated upon request of the county manager, and the tabulation shall be delivered to the county manager upon its completion. This ordinance amendment shall become effective November 20, 1990. F. TAX REFUND REQUESTS To approve the nine tax refund requests as listed below: NAME ACCOUNT NO. AMOUNT Lee Roy Obie 89000851 $ 101.40 William J. Morgan & Donna 89000822 $ 109.50 Gilbert & Coridan & Lynda W. 730978 $ 535.93 Mercedes Benz Credit Corp. 102611 $ 369.35 Brenda S. Beamon 102611 $ 79.82 Felicia F. McLean 134346 $ 179.35 World Omni Leasing, Inc. 142423 $ 671.26 E. N. Richards Estate 712585 $ 116.53 Ellyn B. Lockerbie 1007845 $ 57.24 6 G. REFUND OF EXCISE STAMP TAX OVERPAYMENT To approve a request for refund of $1,535 to Robert J. Green, Jr. as recommended by the Register of Deeds. Mr. Green made an overpayment in revenue stamps on the deed recorded on page 6 of Deed Book 872. H. PURCHASE OF LAND FOR NEW ACCESS ROAD TO PUBLIC WORKS To approve and authorize the Chair to sign a Purchase Contract to acquire 5. 01 acres at the intersection of Highway 86 and 57. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. HOME CARE WEEK PROCLAMATION Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to proclaim November 25 through December 1, 1990 as "Home Care Week" in Orange County as stated below and authorize the Chair to sign. P R O C L A M A T I O N Orange County citizens of all ages and economic levels are concerned about quality, affordable, long-term health care. Furthermore, surveys show that people prefer to receive medical care and support services in their own homes. Home care allows our disabled and chronically ill citizens to remain with their loved ones in surroundings that are familiar and comfortable. With rising health-care costs, home care offers a practical means of providing health care and related services. As our citizens require more in-home care, Orange County's home care agencies are meeting that challenge. Home Care Agencies are providing services ranging from personal care assistants to high-tech intravenous drug therapies. By offering these services in the home, we can treat our elderly, disabled and chronically ill population effectively and comfortably. NOW, THEREFORE, the Orange County Board of Commissioners, do hereby proclaim November 25 through December 1, 1990, as "Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. IN WITNESS WHEREOF, I hereunto set my hands and affixed the seal of Orange County, this Twentieth Day of November, Nineteen Hundred and Ninety. VOTE: UNANIMOUS B. RESOLUTION FOR FLAT RATE EXTENDED AREA SERVICE AND REDUCED RATE REGIONAL CALLING This resolution was approved as stated below: RESOLUTION FOR FLAT RATE EXTENDED AREA SERVICE 7 AND REDUCED RATE REGIONAL CALLING WHEREAS, on November 5, 1990, the Orange County Board of Commissioners affirmed its efforts to seek flat-rate extended area service for exchanges that serve inside Orange County, to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh-Durham International Airport, and WHEREAS, on November 5, 1990, the Wake County Board of Commissioners affirmed its efforts to seek a flat rate option for Intra- Wake County calls, and WHEREAS, Wake County also accepted the Southern Bell proposal for a Triangle Regional Calling Plan, and WHEREAS, Orange County has diligently exerted efforts conjointly with Wake and Durham Counties to reduce the burdensome toll rates now incurred for regional inter-county calling. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners support the following: (1) The Triangle Regional Calling Plan to include: -- Seven Digit Dialing -- 50% reduction in toll charges -- Regional white pages directory -- Inward call option (allows customer to receive calls from throughout the region at no charge to the calling party) -optional -- Low Use Plan available - optional (2) Orange County flat-rate Extended Area Service Plan to existing service in exchanges that serve inside Orange County to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh-Durham International Airport with rates to be set by the North Carolina Utility Commission consistent with the Commission's rate-setting policies. (3) The North Carolina utility Commission at its option submit EAS flat rates to a poll of the customers who would be affected by the rate changes. BE IT FURTHER RESOLVED that,the Board of Commissioners instructs the Orange County Manager to continue deliberations with Wake County and telephone company officials to determine the most appropriate process for filing the proposal and appropriate comments to the North Carolina Utility Commission, and to recommend the most appropriate methodology for polling customers of each exchange, and to report to the Board prior to any official filing being submitted to the Utility Commission. This the 20th day of November, 1990. Commissioner Marshall moved the passage of the foregoing resolution and Commissioner Hartwell seconded the motion, and the resolution was passed by a unanimous vote. VII. SPECIAL PRESENTATIONS - None • 8 VIII. PUBLIC HEARINGS A. PUBLIC FORUM ON 1991-92 BUDGET Chairman Carey stated that this public hearing is being held to give the public an opportunity to make comments on the 1991-92 budget. The public hearing was open to receive citizen comments. SHARON FINCH, Chairman of the Private Public Partnership Task Force on visitor services, asked that the County, in their planning process, focus on the visitor services industry in the County. This could be done by external marketing of the County which would give the County increased economic vitality and attract additional investment opportunities and it would also provide for better service of the visitors who are here and may come in the next two years. They believe that the best sources of funding would be an increase in the occupancy tax or a prepared meal tax. The task force will be coming before the Board with an interim program, permanent funding and a permanent program for consideration and suggestions on how to currently use existing staffs and programs and how to better coordinate those programs. ROLAND GIDUZ asked that the Board consider a local entertainment tax as an additional source of revenue for the County. While this may not bear any relationship to the sources of entertainment, it would put an additional amount of money into the general fund that may be used at the County's discretion. He calculated that a $1. 00 entertainment tax would bring in an additional $595,000 or two cents on the tax rate. He feels that no one will object to paying this tax. His complete statement is in the permanent agenda file in the Clerk's office. Commissioner Halkiotis emphatically endorsed this source of revenue. While the security guards at the stadium are paid for by the University, their vehicles, radios, cars, and training are paid for by the County. He feels that a $1.00 entertainment tax would not hinder the attendance at any of the events. Chairman Carey stated that while it would be good to have a flexible tax, he feels the legislature would not approve this tax. MR. GUGANO asked that the Commissioners consider in their budget an increase in the subsidy for daycare. There are over 650 children in Orange County on the waiting list. There are six centers in Orange County that may go out of business because these subsidies have decreased. Commissioner Halkiotis asked for a report on daycare centers. He feels the situation is critical and would like to have additional information. John Link stated that Marti Pryor-Cook is working with a committee to determine what can be done to help a number of daycare centers. A report will be forthcoming in January. Commissioner Hartwell suggested that the money derived from an entertainment tax could be earmarked for a program such as daycare. BRUCE PRATT stated that he would like to see the County save money before voting on a bond. People would be taxed before they actually vote on a bond. He would like to see some long range planning take place. 9 IX. REPORTS A. SCHOOL FUNDING EQUITY MODELS Rod Visser presented to the Board several funding scenarios on school funding equity. He outlined the possible impacts of a countywide special district tax for school funding. This was presented for information and will be discussed in further detail on December 8. B. REPORT - PROPOSED GOVERNMENT SERVICES CENTER The architects presented for information two plans showing different elevations for the proposed Government Services Center. These will be on display in the County Administration Building through December 10. C. EFLAND-CHEEKS COMMUNITY CENTER AND PARK John Link presented the proposed plan for the Center. The plan presented by the manager included the steps for the working group including area citizens and the commissioners to develop a plan consistent with the concept presented to the school board. Chairman Carey volunteered to be the Commissioners' representative on that group. D. PLANNING BOARD/EDC BOARD AGREEMENT As one of its 1990-91 economic development goals, the Board of Commissioners recognized the need to identify specific parcels for prezoning in a manner consistent with the Orange County Land Use Plan. A strategy for achieving the goal was devised whereby the Planning Board and Economic Development Commission would enter into an agreement which identified specific tasks to accomplish and a time frame for completion. A copy of that resolution of agreement is attached to these minutes on pages E. CLASSIFICATION STUDY - PHASE I FOLLOW-UP REPORT Elaine Holmes explained the Phase I Classification study process and the major steps leading to salary grade assignments. F. MANAGEMENT ASSISTANT ACHIEVEMENTS/PROGRESS REPORT Lucy Lewis presented a report on her activities as management assistant/youth coordinator. The report was received as information. X. ITEMS FOR DECISION - REGULAR AGENDA A. DSS POSITIONS - JOBS AND INCOME MAINTENANCE Marti Pryor-Cook presented information in support of her request for the creation of four permanent positions for the JOBS and Income Maintenance programs in the Department of Social Services. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the creation of two full-time, permanent Social Worker II positions, and two full-time, permanent Eligibility Specialist I positions, to become effective January 1, 1991. VOTE: UNANIMOUS 10 B. CHILD SERVICE COORDINATION PROGRAM Eileen Kugler explained that the Legislature has approved a one-time use of $14,427 in federal block grant funds to start a child service coordination program. Medicaid officials have agreed to provide continued funding through a reimbursement process and therefore County funds should not be needed to support this effort. In addition, because of the increased complexity of the medical record documentation and the billing procedures required by this program, they would need to add a clerical supervisor at an annual cost of $22,900. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to accept the State funding, adopt the proposed budget ordinance amendment stated below, approve the establishment of a permanent half-time Social Worker position and a permanent full-time Clerical Supervisor position (subject to continued funding) , and authorize the Chair to sign the request for funds. GENERAL FUND Source - Intergovernmental $ 14,427 Source - Charges for Services $ 12, 600 Appropriation - Human Services $ 27, 027 VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were approved by the Board: ADVISORY BOARD ON AGING - Appointment of Robert Schmidt to fill the unexpired term of Diane Brown as the RSVP representative ECONOMIC DEVELOPMENT COMMISSION - Appointment of Lyn Posch as the Mebane representative on this Commission to fill the unexpired term of that representative REGIONAL SOLID WASTE TASK FORCE - Appointment of Francis DiGiano to serve as the Orange County representative on this task force XII. MINUTES The minutes for October 16, 1990 were postponed until the next meeting. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for November 5, 1990 as circulated. XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further business for consideration by the Board, Chairman Moses Carey, Jr. adjourned the meeting. The next meeting will be held on Monday, December 3, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. 11 Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 69n- (Adopted 11/20/90) AN ORDINANCE GRANTING A FRANCHISE TO CABLEVISION OF DURHAM, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN A DELINEATED PORTION OF THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term Subject to the terms and conditions of the Orange County Cable Television System Ordinance as amended and as it may be amended, (hereinafter "the ordinance") which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (here- inafter "the franchise") , Cablevision of Durham, Inc. , its successors and assigns, (hereinafter "grantee" or "the grantee") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the portions of the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county") delineated below AND NO OTHER for the purpose of providing cable television service to the citizens of the delineated portions of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or 41/1 road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system. In addition, this right, privilege and franchise shall extend to property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the delineated portions of the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance of this franchise by the grantee, as provided in Section VI of the ordinance and shall terminate midnight, February 24, 1996. Delineated Franchise Areas 1. Area I: Homes which now exist or may be constructed fronting any portion of Saddle Drive, Horseshoe Road, Big Fork Road or Fox Drive. 2. Area II: Homes which now exist or may be constructed fronting any portion of Pascal Way, Wilhelm Drive, Montvale Road, Osborne Place and Kerley Road from its intersection with Cornwallis Road to its intersection with Mt. Sinai Road. 3 . Area III: A limited franchise solely to construct, erect, operate, and maintain in, upon, along, across, above, and over the 41/P 1 :. . _ t U following streets or roads within Orange County all necessary cables and other equipment and facilities to serve areas within Durham County located east of the boundary line between Orange County and Durham County: Craig Road where it lies within Orange County between Bivins Road and Saddle Drive. Section II. Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III. Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the 410 construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county, and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads. In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county manager, the same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall for hwirn pay i-o the county the cost of such work. Section V. Relocation of facilities. 2 Vi1 In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee' s installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, • arising from such actions of the grantee. Copies of all joint use of poles and right-of-way agreements and encroachment agreements which authorize grantee to use poles and right- of-ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI. Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate, planning ordinances, policies and procedures. The grantee is relieved of the requirement to post a corporate surety bond in the amount of $50, 000 to guarantee the timely construction and full activation of its cable television system which requirement is contained in Section XIV(f) of the Orange County Cable Television System Ordinance. The grantee is relieved of the requirement that it deposit with the county manager a letter of credit from a financial institution in the amount of $10, 000 which requirement is contained in Section XIV(g) of the Orange County Cable Television Ordinance. The grantee' s obligation to pay to Orange County a sum of AIIPmoney sufficient to reimburse it for expenses incurred by it in 3 r. connection with the granting of this franchise is limited to a maximum of $1, 000 (see Section XIV(h) of the Orange County Cable Television Ordinance. ) Section VII. Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all wires, cables and other fixtures situated within the unincorporated areas of the county. Section VIII. Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the delineated portions of the unincorporated areas of the county. The documents describing "technical synopsis, " "subscriber network, " "quality customer service, " "service management system, " "service response, " and "preventive maintenance" included with the September 7, 1989 proposal of grantee have been examined and approved by the county. They are attached to this franchise as exhibits and incorporated herein by reference. The grantee, by its acceptance of this franchise, acknowledges that any 4111 such standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all CATV service and new construction within the county. Grantee shall demonstrate to the satisfaction of the county manager that its system meets the minimum technical standards offered in its September 7, 1989 proposal and prescribed in this franchise by providing test results from tests performed at the terminus of its system within Orange County along its system. These tests shall be performed periodically at the request of the county manager. Random testing shall result in the entire system being tested every three months. B. The following construction practices shall be followed: 1. Sag. To avoid or at least minimize the danger of cable breaks, grantee shall specify the TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of the spanned length. Preferred sag will be 1. 5% to 2% (22-30 inches in a 125-foot span) . 2 . Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals, connectors with integral internal sleeves will be used. 4 lir 273 4111 3 . Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi-Seal, or Aqua-Seal or equivalent. 4 . Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, and gas ionization devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated dc power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diodes, or 3- terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. Drop lines, when installed, shall not be spliced. Repairs to drop lines may be made by splicing providing the splice is moisture sealed using shrink tubing, • sealant tape such as Bi-Seal, Aqua-Seal or equivalent. All installation standards and practices shall be "state-of-the-art. " All installations shall be done in a workmanlike manner using "state-of- the-art" techniques and "state-of-the-art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee. All installations shall be supervised and inspected by grantee' s engineers. C. Channel capacity and system design. Grantee shall install and maintain a "state-of-the-art" system and abide by all reasonable requests of the county to upgrade the system. Without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two-way capable. 2 . Grantee shall operate its existing plant in the county and all new plant in the county in accordance with the technical synopsis and subscriber network exhibits to this franchise. Grantee shall upgrade its entire system within the unincorporated areas of the county contemporaneously with any upgrade of its Durham County franchised sys- tem. Grantee shall immediately notify the county manager of any plans 5 2"74 it has for upgrading or any Durham County franchise required upgrade. 3 . Grantee shall provide a trouble feed-back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. Grantee may satisfy this requirement in one of two ways: (1) it may, within 18 months of its acceptance of this franchise, install and activate bi-directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble feed-back system" in effect activated by subscriber calls in the event of system failures which is comparable in terms of reliability to an activated bi-directional feed-back system. In the event grantee elects to utilize a subscriber "trouble feed-back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and, if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the "trouble feed-back system. " 4 . Grantee shall design and operate its system so that it has interconnect compatability to share programming with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatability. Section X. Programming and access. A. Grantee shall provide at least one public service and/or access channel. This channel shall be reserved for and used for such things as community billboard, local origination programming and • educational access programming other than PBS. B. Grantee shall provide a local origination studio, together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming. Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with a third party. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grantee. Air time shall be provided free of charge to everyone except "for-profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five members or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee. Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other 6 franchise cable operator provides its local origination hd - Hl c access channel programming available to grantee at no charge. , Section XI. Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. First Reading. The foregoing ordinance received the following vote and was duly adopted this 5th day of November, 1990: Ayes: Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. Noes: None Absent or Excused: None Second Reading. The foregoing ordinance received the following vote and was duly adopted this 20th day of November, 1990: Ayes: Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. Noes: None Absent or Excused: None 4110 7 a tt, _ 276 RESOLUTION OF AGREEMENT BETWEEN THE ORANGE COUNTY PLANNING BOARD AND ECONOMIC DEVELOPMENT COMMISSION ESTABLISHING PROCEDURES BY WHICH TO ADDRESS COMPREHENSIVE PLANNING AND ECONOMIC DEVELOPMENT MATTERS OF MUTUAL INTEREST WHEREAS the Planning Board was created for the purpose of developing and recommending to the Board of Commissioners a Comprehensive Plan for Orange County, including policies, ordinances, administrative procedures, and other means for carrying out said plan in a coordinated and efficient manner; and WHEREAS a goal of the Land Use Element of the Comprehensive Plan is the promotion of economic development which emphasizes local employment needs yet preserves community character and protects the natural environment; and WHEREAS the Economic Development Commission was created for the purpose of increasing economic development through clear, effective strategies and policies which stimulate balanced development at appropriate rates in suitable locations; and WHEREAS the parties to this agreement pledge their best faith efforts • to deal responsibly with issues of mutual interest, and acknowledge and respect each other' s responsibilities and obligations in this regard; and WHEREAS the parties to this agreement pledge, consistent with legal limitations , to work cooperatively to balance economic, environmental, and community considerations in developing plans , policies , regulations , and/or other similar documents that are in the best interests of the citizens of Orange County: NOW THEREFORE BE IT RESOLVED by the Orange County Planning Board and the Orange County Economic Development Commission that they agree to work cooperatively in addressing the following matters of mutual interest: A. Identifying and applying appropriate locational criteria, land use categories , and zoning designations to promote business, including but not limited to the following: 1 . Economic development district; 2 . Mixed-use development district; and 3 . Floating land use plan/zoning district designations . B. In conjunction with A above, develop performance standards and project size thresholds which measure the impact of land 5 development, and which may include but are not limited to the following: 1 . Local economy a. Public fiscal balance - Net change in government fiscal flow (revenues less expenditures) . b. Employment - Number and proportion of new jobs taken by county residents, and change in number and percent of employed, unemployed, and underemployed. c . Wealth - Change in real property values on development site and adjoining parcels . 2 . Natural environment a. Air quality - Change in level of air pollutants relative to standards and number of people at risk or bothered by air pollution. b. Water quality - Change in water pollutant concentrations relative to standards for each body 41/1 of water. c . Noise - Change in noise and vibration levels relative to standards and number of people bothered by excessive noise and vibration. d. Wildlife and vegetation - Number and types of endangered or rare species, natural areas , and/or wildlife corridors that will be threatened or lost. e. Agriculture and forest land - Change in acreage in agricultural and forest use, and in availability of prime, state, and locally important farmland. 3 . Aesthetics and cultural values a. Attractiveness - Disturbance of physical conditions currently considered attractive; removal/improvement of unattractive conditions . b. View opportunities - Number of households (or businesses ) with designated scenic views that are blocked, degraded, or improved. c. Landmarks - Rarity or importance of cultural, historic, 4/0 and archaeological landmarks to be lost or made inaccessible. 2"78 6 II/0 4 . Public/private services and infrastructure a. Water supply - Change in frequency, duration, and severity of water shortage incidents, and in water treatment levels relative to standards and number of households or businesses capable of being served by facility. b. Sewage disposal - Change in sewage treatment levels relative to standards and number of households or businesses capable of being served by facility. c . Storm drainage - Change in percent of land with impermeable cover relative to standards . d. Medical care - Change in number of citizens beyond x minutes travel time from emergency health care and in potential bed need versus bed supply of area hospitals . e. Crime control - Change in rate of crimes , police patrols , and physical conditions (lighting, sightlines , etc. ) likely to affect feelings of security. f. Fire protection - Change in fire incidence, fire spread, 4111 property loss , and rescue hazards . g. Recreation - Change in number and percent of households (or affected employees or shoppers ) with access to various types of recreation facilities within x minutes travel, by type of facility and mode of travel . h. Education - Change in school crowdedness indicators; e.g. , student-teacher ratios , optimum class size . i. Transportation - Change in " level of service" for selected roads and intersections, and in number and severity o-f traffic hazards created, and number of people potentially affected. j . Shopping - Change in number and percent of households within x minutes travel time to shopping, by type store and mode of travel. k. Housing - Change in number and percent of housing units relative to need, by type of housing (price, owner/rental, number of bedrooms , etc . ) . 5 . Other-social impacts a. Displaced persons - Number of residents, or workers , displaced by development . N'1J 7 C. Establishing a cooperative planning process whereby both boards are provided with opportunities to review/comment on plans, policies, regulations, and/or other similar documents which affect comprehensive land use planning or economic development activities . D. Identifying ways and means of streamlining development approval processes, including but not limited to the following: 1 . Unified development ordinance to integrate scattered and uncoordinated land use regulations; 2 . Single map for use regulation instead of a land use plan map and a zoning map; 3 . Removal of barriers to concurrent consideration of development applications; 4 . Incentives for faster development application review/approval; e.g. , administrative in nature with lower fees; 5 . Comprehensive design/development applications; e .g. , unified development review process; and 6 . Increased frequency of public hearings . E . Establishing procedures for conducting pre-development conferences with prospective business clients desiring to locate or expand in the county. BE IT FURTHER RESOLVED that the Orange County Planning Board and the Orange County Economic Development Commission hereby direct their respective staffs to work cooperatively in addressing the matters described above . BE IT FURTHER RESOLVED that the Orange County Planning Board and the Orange County Economic Development Commission hereby agree to use their best efforts to complete all work on the above mentioned matters in accordance with the following schedule : 1 . Items C and E above will be completed and presented to the Board of Commissioners at its annual goal-setting session in December, 1990; and 2 . Items A, B, and D above will be completed and presented for review and comment at the May, 1991 public hearing. 260 8 JIII This the `& day of ( -L . , 1990 . £ -.- Betty ( idener, Chair Orange County Planning Board Guido D- • aere, Chair Oran! ---County Economic Development Commission 1111