HomeMy WebLinkAboutMinutes - 19910131 4 .
• Approved April 1, 1991
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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
PROPOSED LOCAL LEGISLATION
PUBLIC HEARING
JANUARY 31, 1991
The Orange County Board of Commissioners met in Special
Session on January 31, 1991 at 7:30 p.m. in Superior Courtroom in
the new County Courthouse, Hillsborough, North Carolina for the
purpose of holding a public hearing on proposed local legislation.
BOARD MEMBERS PRESENT: Vice-Chair Stephen Halkiotis,
Commissioners Verla C. Insko and Don Willhoit.
BOARD MEMBERS ABSENT: Chairman Moses Carey, Jr. , and
Commissioner Alice M. Gordon.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr. , Assistant
County Manager Albert Kittrell, Economic Development Director Ted
Abernathy, Deputy Clerk to the Board Kathy Baker, Recreation and
Parks Director Mary Anne Black, Clerk to the Board Beverly Blythe,
and Planning Director Marvin Collins,
NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS IS IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL LETTERS REFERENCED HAVE
BEEN ATTACHED TO THESE MINUTES.
1. INTERBASIN TRANSFERS
County Engineer Paul Thames made reference to the
proposed bill and the review comments from the Division of Water
Resources, Division of Environmental Management and a minority
report from the legislative review subcommittee. The basic thrust
of this legislation is to institute a permitting process for
transfers of water from one named river basin to another if that
transfer was to equal or exceed 1 mgd. He is unsure what impact
this legislation may have in Orange County on local water usage
and interbasin transfers. This is because of the vagueness in the
bill. What will be impacted will be northern Orange County's use
of water from Jordan Lake, if that use would exceed 1 mgd and
Hillsborough's purchase of water from the City of Durham if that
use would exceed 1 mgd. The potential is such that the Town of
Hillsborough would have to go through a lengthy process to buy
large quantities of water from Durham.
John Hartwell noted that this legislation proposes to
impose criminal penalties for jurisdictions which violate it. He
does not agree with this type of regulation. There are problems
with the West Fork of the Eno River because the bill is predicated
entirely on named river basins and the West Fork is named as a
separate river basin and, consequently, governed under these
statutes. The Attorney General has ruled that even the use of
water in an adjoining basin with its return to the originally
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supplying stream is forbidden. It is evident that the bill has
been put forth by some special interest groups. There is a great
deal of money behind this bill and it should not be taken lightly.
He feels the Board needs to be very clear to our legislators about
the lack of wisdom that underlies this bill and the serious
consequences that it could have.
Ed Holland spoke on behalf of the OWASA Board of
Directors. He stated that OWASA is opposed to this bill or any
other bill to regulate interbasin transfers unless the proposal is
for a thorough examination of North Carolina's water management
needs and for legislation on water-use permitting, instream flow
protection and interbasin transfer. They will support a bill that
will address a broader range of water withdrawals. The proposed
legislation is not an environmental bill but a bill that can cause
environmental and economic harm by depriving streams of much needed
supplementary flows and unintentionally requiring communities to
develop marginal local water supply sources of their own instead
of working with neighbors for cooperative solutions that would be
less costly to taxpayers and to the environment.
Terry Roland, Director of Water Resources for the City
of Durham, referred to a paper he wrote in November, 1990 entitled
"How Will Interbasin Transfer Affect Our State". He noted that the
proposed bill, although it contains an extensive permitting
process, states that the rules and rights under the riparian law
. still remain. Someone could go through the entire process and get
a permit and it may not mean anything because of this law.
Remus Smith, Hillsborough Town Commissioner, stated that
the Town of Hillsborough is trying to solve their water problems.
This bill is very poorly written. The only support this bill has
is from the power companies. The Hillsborough Commissioners oppose
this bill and have written all their local legislators and asked
the County to help defeat the proposal.
2 . AN ACT TO CLARIFY THE ENABLING LEGISLATION FOR SUBDIVISION
ORDINANCE PROVISIONS RELATING TO RECREATION AREAS IN ORANGE
COUNTY
County Attorney Geoffrey Gledhill explained this proposed
enabling legislation.
Larry Carroll spoke on behalf of the Home Builders Association
of Chapel Hill and Durham. He stated that they agree with the area
concept of planning. They would like to be part of that planning
process if possible.
3. AN ACT TO AMEND THE ENABLING LEGISLATION FOR ZONING ORDINANCE
REGULATIONS TO AUTHORIZE ORANGE COUNTY TO GRANT DENSITY
BONUSES AND OTHER INCENTIVES FOR DEVELOPERS OF HOUSING FOR
PERSONS OF LOW OR MODERATE INCOME
Planning Director Marvin Collins explained this proposed
enabling legislation. He made reference to the report that was
developed by the Low and Moderate Income Task Force.
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Larry Carroll spoke on behalf of the Home Builders Association
of Chapel Hill and Durham. They support this proposed legislation.
4. AN ACT TO AUTHORIZE ORANGE COUNTY TO ACQUIRE REAL PROPERTY IN
ORDER TO PRESERVE OPEN SPACE AND OPEN AREAS FOR THE
PRESERVATION, PROTECTION AND CONSERVATION OF FARMLAND,
WATERSHED AREAS AND DRINKING WATER SUPPLIES, AND TO ACQUIRE
THE FEE OR ANY LESSER INTEREST
County Attorney Geoffrey Gledhill explained this proposed
legislation.
Larry Carroll spoke on behalf of the Home Builders Association
of Chapel Hill and Durham. They support this concept of purchasing
land for public use with public funds. They also realize the
county revenue sources are already strained. Whatever revenue
source is identified would only be available by taking funds from
other areas. They asked that the Board pay attention to the source
of the revenue and the target of benefits. Water protection costs
should be borne by water users.
Bob Rose, Hillsborough Town Commissioner, spoke as Chairman
of the Vision 2010 Comprehensive Plan. He stated that the one
thing most often mentioned was the need for preserving open spaces
and green spaces and small parks. He supports this bill. Along
with this, Hillsborough is looking at a reservoir site on the West
Fork of the Eno. They are hoping that this reservoir will have as
little impact as possible on the landowners in that area. They
will need money to keep the impact to a minimum. He asked that
the Board support this bill so that they may pool their resources
and not only help the farmer but help Hillsborough citizens improve
their quality of life.
5. AN ACT TO AUTHORIZE ORANGE COUNTY TO REQUIRE FINANCIAL
SECURITY FOR THE REPAIR AND OPERATION OF COMMUNITY SYSTEMS OF
SEWAGE COLLECTION, TREATMENT AND DISPOSAL
County Attorney Geoffrey Gledhill explained that this bill
will fill a gap that presently exists in state bonding requirements
allowing the County to require bonding for private community
systems.
Larry Carroll spoke on behalf of the Home Builders Association
of Chapel Hill and Durham. He stated that land costs are inflated
and supply of available land is restricted. Community sewer can
make more land available but if the program is made too restrictive
it will not be cost effective and will lose the advantage of
creating additional building lots.
6. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO
LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE
111 OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL
CAPITAL FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX
DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE
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IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING
REVENUES TO PAY PART OF THE COSTS OF CAPITAL FACILITIES
REQUIRED BY GROWTH
The County Attorney gave a brief overview of this
proposed local legislation.
Sue Baker, member of the Chapel Hill/Carrboro School
Board stated that at their January 28th meeting the Board agreed
to support this proposed legislation. Their school system is
projected to gain 2,000 more students by the end of this decade
which will bring them up to 8, 000. They do not have facilities for
their present population and will need additional facilities for
this new population. They feel that for the taxpayers of Orange
County the bill is a fair way of spreading the burden of providing
for the needs of the children. She stated that their board would
be willing to lobby in any way the Board desires.
Larry Carroll spoke on behalf of the Home Builders Association
of Durham and Chapel Hill. He stated their opposition is
absolutely adamant since Orange County has in place a wide range
of impact fee authority. They will help the County develop a
reasonable program. Purchasers of future homes should not be
forced to pay through impact taxes and property taxes for catching
up on deferred capital spending.
7. A BILL TO LEVY AN OCCUPANCY TAX WITH THE EXPRESS AUTHORITY FOR
• THE USE OF SOME OF ITS PROCEEDS FOR A COUNTY VISITOR'S BUREAU.
Ted Abernathy stated that in the EDC Strategic Plan adopted
in May, 1989, Challenge 9 was to start a program to attract and
serve visitors, to develop and implement countywide programs that
attract visitors and at the same time encourage the preservation
and appreciation of historic and cultural and natural resources.
One of the recommendations from this workgroup was to establish a
one percent dedicated occupancy tax and to get the enabling
legislation for a three percent tax countywide occupancy tax. Both
Chambers, the Public Partnership Board and the EDC Board endorsed
in concept those bills and resolutions. He feels these funds will
help provide a tourism program countywide.
Ken Jackson, resident and business owner in Orange
County, stated there are lots of people that like to come to Chapel
Hill to shop. He is in favor and supports all efforts directed
toward implementing a countywide tourist bureau. He feels that
with coordinated efforts throughout the County and by using the
resources of Chapel Hill, Carrboro and Hillsborough, and using the
resources of the organization he hopes will be establish, everyone
will benefit. He feels there needs to be a coordinated effort to
help groups coming to the area to find a place to stay, eat, shop,
etc. He feels this bureau would help to coordinate this effort.
Bruce Holsten, Executive Director of the Chapel
Hill/Carrboro Downtown Commission, unequivocally supports the
• formation
of an Orange County Visitors Service Authority. He stated the
Downtown Commission supports this program and strongly encourage
the Board to support the bill.
Sharon Finch, Chair of the Orange County Visitors Task
Force, stated that their recommendation results from a countywide
effort. All of the startup kinds of ideas are concepts that are
not currently provided in the County. She feels that visitor
services are fragmented at the present time. With some resources,
they can be coordinated with everyone working together to promote
tourism. She submitted a letter from Susan B. Hansell, Co-owner
of A New Attitude who endorsed the concept of the Orange County
Visitor Development Authority. She feels that such an umbrella
organization can more effectively serve the needs of all the area
communities to attract visitors and vacationers. Another letter
from Realtor Barbara Pipkin endorsed the resolution for
establishment of a Visitor Development Authority for Orange County
to be financed by the recommended allocations from the hotel/motel
occupancy tax. Mike Fales, General Manager of the Omni-Europa
Hotel in Chapel Hill and President of the newly formed Orange
County Hotel/Motel Association, stated that the hotel industry in
Orange County is in trouble. A lot of them are trying to survive
with 55% occupancy. He showed some visitor and business guides
that encourage businesses to have meetings in that particular
community. On December 19, 1990, the hotels and motels of Orange
County unanimously endorsed a resolution of support for the report
of the Visitors Task Force. They feel a unified visitor services
S center would be in the best interest of their industry and in the
best interest of the community. Their efforts are geared toward
better serving the existing tourist and targeting those visitors
who would benefit the community.
Ed Rekopf, Director of Hotels and Conference Centers for the
University of North Carolina and acting General Manager of the
Carolina Inn, stated he feels there are three elements that a
visitors center would provide. One is to extend hospitality to
visitors coming into the community. The second thing they do is
provide coordination and information to those visitors and the
final thing they do is to manage the visitor industry.
David Taylor, President of the Chapel Hill/Carrboro Chamber
of Commerce, spoke in favor of and support for a countywide visitor
services program. The Chamber adopted a resolution supporting this
effort. He encouraged the Board to proceed with seeking the
necessary legislation and thereafter proceed with the establishment
of a countywide visitors services bureau or program. They believe
the program is needed to boost economic development in Orange
County. He asked for the Board's support and pledged the support
of the Chamber in developing this program.
Tom Roberts spoke in favor of the occupancy tax and the
establishment of a visitors service bureau for Orange County. He
believes it is important for the economic development of the
County.
Kevin Goodwin, President of the Hillsborough Chamber of
110 Commerce, indicated that although the Chamber has passed a
resolution endorsing the establishment of a visitors service
authority, he reinforces that support tonight. He feels that to
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accomplish the goals of the County with regard to infrastructure,
education, human services, etc. , money is needed. The way to
accomplish this without raising taxes is to increase the tax base
through economic development. Tourism is clean and a form of
economic development that pays tremendous dividends. He sees it
as a way to revitalize the economy and preserve history. He feels
there is so much more that can be accomplished by working with our
county neighbors. He urged the Board to approve this legislation.
D. G. Martin, spoke in support of this proposal. As a
newcomer to Orange County, he was surprised by the richness and
diversity of the history and other wonderful attractions of the
County. He realized it was not easy to see, learn and do
everything there is to do in this County. One thing that will be
gained by telling others about our County is that those that live
here will learn more about themselves.
Katherine Webb, owner of a bed and breakfast in Hillsborough,
stated that a visitors service center will help the economic
climate of the area. She welcomes the creation of this bureau and
is supportive of an occupancy tax to enable this to happen.
8. A BILL TO PROTECT INFORMATION GENERATED BY ORANGE COUNTY'S
COMPREHENSIVE AND SOPHISTICATED LAND RECORDS SYSTEM AND TO
CHARGE COMMERCIALLY REASONABLE RATES FOR PROCESSING THE
INFORMATION IT MAINTAINS.
County Attorney Geoffrey Gledhill stated that this bill has
not been drafted because there are some initiatives statewide to
do this. What this would do is to provide some protection from the
North Carolina Records Law for the electronic data related to the
Counties GIS system.
ITEMS NOT ON THE PRINTED AGENDA
Jean Bolduc, Chair of the Human Relations Commission, asked
the Board to request enabling legislation for the County to adopt
a Human Rights or Nondiscriminatory Ordinance. She made reference
to a summary which gives a broad outline of the proposed ordinance.
She reviewed the process that led to this point. She stated that
the protections that exist presently in the law are completely
inadequate and the Ordinance Committee did extensive research
throughout the country to see what types of local ordinances are
available. The final draft of the ordinance will be available in
February.
There was a consensus to leave the public hearing open for
receipt of additional comments from Chapel Hill.
ADJOURNMENT
Motion was made by Commissioner Insko, seconded by
Commissioner Willhoit to adjourn this Special Meeting. The next
Regular Meeting of the Board will be held on February 4, 1991 at
7 : 30 p.m. in the Courtroom of the Old County Courthouse in
Hillsborough, North Carolina.
Moses Carey, Jr. , Chair
Beverly A. Blythe, Clerk