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HomeMy WebLinkAboutMinutes - 199412201 APPROVED 1/17/95 MINUTES DECEMBER 20, 1994 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING The Orange County Board of Commissioners met in regular session on December 20, 1994 at 7:30 p.m. in the OWASA Community Meeting Room in Carrboro, 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, and 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 I. ADDITIONS OR CHANGES TO THE AGENDA - NONE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair 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 Chair Carey dispensed with the reading of the Public Charge. III. BOARD COMMENTS Commissioner Halkiotis distributed Christmas cards and asked that they be returned so he could reuse them again next year. He asked that an accident that happened at New Hope Church Road and NC86 be included in a letter being sent to DOT requesting a signal light be placed at this intersection. He has been working with Purchasing Director Pam Jones on developing the meeting room in the new Southern Human Services Building for cable. One of the instructors in this area at the Technical College of Alamance has volunteer his services. Commissioner Crowther mentioned there was Christmas candy available and that he will have a report on his evaluation of boards/commissions at the first meeting in February. IV. COUNTY MANAGER'S REPORT - NONE 2 V. RESOLUTIONSjPROCLAMATIONB A. PROCLAMATION FOR UNC-TV MONTH IN ORANGE COUNTY Diana Hatch, Director of Communications with UNC, said that 40 years ago three men, William Friday, K. Kaiser and William Carmichael, Jr. envisioned what this new medium, public television, could be. They raised two million dollars to make public television a reality. They realized that this was a medium that could teach and reach people. They have 5600 people enrolled in adult telecourses, another 5,000 getting their GED through public television, 1.4 million school children are served by public television, more than 3,000 teachers have signed up for their "Learning Link" service and in addition to that they have a preschool program to teach daycare operations and parents how to utilize Sesame Street and other children's program to expand the lessons taught by public television. They have 10 stations across North Carolina and will soon have another one in Lumberton which will enable them to reach every corner of North Carolina. They will replace their original tower this summer. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as presented and stated below: PROCLAMATION UNC-TV MONTH IN ORANGE COUNTY JANUARY, 1995 WHEREAS, January 8, 1995 marks the fortieth anniversary of the first broadcast of WUNC-TV, the original station of the public television service of the University of North Carolina; and WHEREAS, that single station has grown into UNC-TV, North Carolina's statewide public television network, operated for the benefit of all North Carolinians by the University of North Carolina Center for Public Television; and WHEREAS, UNC-TV's original station WUNC-TV, Channel 4, is licensed to Chapel Hill in Orange County, broadcasting all of UNC-TV's excellent cultural, informational and educational programs 18 hours every day; and WHEREAS, UNC-TV has committed its excellent production capabilities and unique statewide reach to help North Carolinians experience together some of the most dramatic events of the past four decades, including the visits of Presidents of the United States, inaugurations of Governors, and critical votes in the General Assembly; and WHEREAS, UNC-TV has introduced North Carolinians and the nation to many of our state's extraordinary talents and vivid celebrations by showcasing writers, performers, artists, craftspeople, energetic community festivals and much more representing the best of our cultural richness; and WHEREAS, it has served the educational needs of generations of North Carolinians as pioneers of distance learning, helping our youngest children master their letters and numbers, bolstering the work of students and teachers in the classrooms and using technology to help adults complete high school and college; and 3 WHEREAS, UNC-TV is today North Carolina's most important source of information about North Carolina, North Carolina's largest classroom and North Carolina's most valuable resource for blending a large, diverse population into a statewide community with shared interests and concerns; and WHEREAS, UNC-TV has viewers, contributors and supporters in all 100 North Carolina counties, including Orange County; and WHEREAS, UNC-TV will celebrate its fortieth anniversary of splendid service to North Carolinians with special programs, events and ceremonies throughout 1995, so NOW THEREFORE DO WE RESOLVE that the Orange County Board of Commissioners do hereby proclaim JANUARY, 1995 as UNC-TV MONTH in Orange County and commend its observance to all Orange County citizens. VOTE: UNANIMOUS B. ELEMENTARY SCHOOL FINANCING RESOLUTION Geoffrey Gledhill informed the Board that the financing of the new elementary school for the Chapel Hill-Carrboro school system will involve five transactions. The school system will deed over the property as noted on the map as lot "8" which is part of the present McDougle school site but a separate lot. Lot A is where the McDougle School is and the new elementary school will be on lot B. The school system will deed the property to Orange County as part of this transaction. Orange County will contract with the school system to construct and operate the school. Once it is constructed, the County will lease the school and property back to the school system for the duration of the financing. At the conclusion of the financing, the school will have the option of purchasing the property back from the County for $100. The lease and agreement will accomplish all that has been mentioned above. The other two documents are the financing agreement and the Deed of Trust which will be provided to the bank as security. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the resolution entitled "Resolution Approving a Proposed Agreement Concerning the Acquisition, Construction and Equipping of Improvements for the Chapel Hill-Carrboro City Schools, Approving Certain Other Documents and Actions Relating Thereto and Authorizing Certain Actions in Connection Therewith" as presented in the agenda. VOTE: UNANIMOUS C. PROCLAMATION FOR MARTIN LUTHER RING. JR. DAY IN ORANGE COUNTY A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as presented and stated below: PROCLAMATION IN RECOGNITION OF MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY WHEREAS, Martin Luther King, Jr. was instrumental in the struggle for human rights worldwide, and 4 WHEREAS, Martin Luther King, Jr. was the inspiration for civil and human rights nationwide, and WHEREAS, Martin Luther King, Jr. believed in civil rights for all people, and WHEREAS, Many jurisdictions nationwide recognize the great legacy to humankind inherent in the work and teaching of Martin Luther King, Jr. by observing a day in his honor. NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners proclaim January 16, 1995 as MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY BE IT FURTHER RESOLVED that the Orange County Board of Commissioners asks the community to join in honoring Martin Luther King, Jr. and to incorporate his goal and dream of human rights for all into their lives. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS A. SPECIAL PRESENTATION TO SHERIFF LINDY PENDERGRASS The Board praised Sheriff Lindy Pendergrass for his service to the County. He was just reelected for his fourth 4-year term. The Board presented him with a County Flag to fly in front of the Sheriff's office. VII. PUBLIC HEARINGS A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Tara Fikes, Director of Housing and Community Development, presented for public comments the FY1995 Community Development Block Grant Program Application. No public comments were received. Tara Fikes stated that they have identified some deteriorated housing in various locations in the County and they would like to pursue a grant under the scattered site category. She proposes that another public hearing on the specific grant proposal be done the first meeting in February. VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Chair Carey to approve those items on the Consent Agenda as listed below: A. REVISED MEETING SCHEDIILE FOR CALENDAR YEAR 1995 This item was removed and placed at the end of the Consent Agenda. B. BIIDGET ORDINANCE AMENDMENT #5 The Board approved the following budget ordinance amendments and capital project ordinances: GENERAL FUND Source - Intergovernmental $ 57,458 Appropriation - Contributions to Outside Agencies 57,458 (To budget for receipt of additional Community Based Alternatives (CBA) funds) NEW CHAPEL HILL-CARRBORO ELEMENTARY SCHOOL CAPITAL PROJECT ORDINANCE Source - Transfer from Reserve for New Elementary School Capital Project (1993-94) $ 81,859 5 - Transfer from General Fund (1993-94) 673,857 - Transfer from Impact Fees Fund (1994-95) 294,188 - Proceeds from Installment Purchase 9,600,000 Appropriation - New Chapel Hill-Carrboro Elemen- tary School Capital Project $10,649,904 C. RENEWAL OF PIIBLICATION AND DISTRIBUTION AGREEMENT FOR THE DEPARTMENT ON AGING'S SENIOR TIMES The Board approved and authorized the Chair to sign the agreement with the Durham Herald Company to publish and distribute the Department's bi- monthly Senior Times newspaper. D. HOME PROGRAMJDEVELOPMENT AGREEMENT AMENDMENT The Board approved and authorized the Chair to sign an Amendment to the Development Agreement with the Orange Community Housing Corporation for the Abbotts Colony/HOME Program extending the completion date to September 30, 1995. E. PROPERTY TA% REFUNDS The Board approved the NAME Woodmont Company Aloc Standard Corp. Maude P. Riggsbee Carl B. McPherson C. T. Kaylor Carol Ann Logie Starpoint Group Partne Tarheel Manor Assoc. Silk Hope Investors Joe Hackney & Besty S. following tax refunds: ACCOUNT # 150992 174869 106126 76808 182267 65748 rship 105574 43583 78868 86736 AMOUNT $ 259.57 76.79 188.21 455.27 94.80 78.60 738.10 842.19 849.91 234.57 F. TIME WARNER - TRANSFER OF CABLE FRANCHISE The Board approved the following resolution which approves the transfer of Cable TV Franchise from Time Warner Entertainment Company, L.P. to Time Warner Entertainment Advance/Newhouse Partnership: RESOLUTION OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY APPROVING TRANSFER OF FRANCHISE FROM TIME WARNER ENTERTAINMENT COMPANY, L.P. TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP WHEREAS, Time Warner Entertainment Company, L.P. ("TWE") is the holder of a franchise (the "Franchise") to provide cable television service for the County of Orange; and WHEREAS, TWE with Advance Publications and Newhouse Broadcasting Corporation will create a new joint venture cable operation to be called "Time Warner Entertainment-Advance/Newhouse Partnership; and WHEREAS, the joint venture will be managed by TWE and be two-thirds owned by 6 TWE and one-third owned by Advance/Newhouse, a partnership of Newhouse Broadcasting and Advance Publications Inc.; and WHEREAS, the Time Warner Entertainment-Advance/Newhouse Partnership will be bound by the terms and conditions of the Franchise subject to applicable law. NOW THEREFORE, be it resolved that, insofar as may be necessary or advisable under the Franchise, transfer of the Franchise and the cable television system operating pursuant to the Franchise from TWE to Time Warner Entertainment-Advance/Newhouse Partnership (including any necessary transfers through one or more Time Warner entities) is hereby authorized and consented to in all respects. G. APPOINTMENTS- VARIOUS BOARDS AND COMMISSIONS The Board approved the following appointments: Hillsborough Planning Board William Earl Thomas for an unexpired term ending March 31, 1997 Human Relations Commission Victoria Basolo reappointed for a term ending December 31, 1997 Michael Mezei reappointed for a term ending December 31, 1997 Renee Price reappointed for a term ending December 31, 997 Jo Harris reappointed for a term ending December 31, 1997 Quinton Baker reappointed for a term ending December 31, 1997 Domiciliary Home Advisory committee Cherie Rosemond reappointed for a term ending December 31, 1996 Emergency Response Planning Committee William Robbins reappointed for a term ending December 31, 1997 Cable T'V Advisory Committee Janice Owens appointed for her first term ending December 31, 1997 Donna Hales reappointed for a term ending December 31, 1997 visitors Bureau Margaret Skinner reappointed for a term ending December 31, 1997 Clifton Metcalf reappointed for a term ending December 31, 1997 Lee Pavao reappointed for a term ending December 31, 1997 Youth Services Needs TF Carol Oldham appointed for her first term ending September 30, 1997 Chapel Hill Planning Board Wayne Hadler reappointed for a term ending June 30, 1997 8. YOUTH SERVICES NEEDS TABR FORCE - CHANGE IN CHARGE This item was removed and placed at the end of the Consent Agenda VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA A. REVIBED MEETING SCHEDULE FOR CALENDAR YEAR 1995 A motion was made by Commissioner Gordon to approve the revised meeting schedule leaving the meeting of March 15 unscheduled because she will be out of town that week. This motion failed for lack of a second. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the revised meeting schedule as presented. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) Chair Carey indicated that he will have the Clerk attempt to reschedule the March 15 meeting with the Hillsborough Town Board. H. YOIIT$ SERVICES NEEDS TASK FORCE - CHANGE IN CHARGE In answer to a question from Commissioner Crowther, John Link and Chair. Carey explained the original purpose of this Task Force and their desire to branch out to meet other youth needs. Sharron Siler provides staff support for this Task Force. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve updating the bylaws for this Task Force, including changing its name to the Youth Services Advisory Commission. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGIILAR AGENDA A. SADDLE CLUB ROAD SOLID WASTE SITE LEASE AGREEMENT A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the lease agreement between the County and Carl and Elizabeth Walters for a Solid Waste Convenience Center on Saddle Club Road substantially in the form of the attached draft, subject to review by the County Attorney, and subject to reconsideration if a better, uncontested site is identified by December 31, 1994. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon, for reasons stated at the last meeting when this subject was discussed) B. PROPOSED NAME FOR THE COMMISSION FOR WOMEN/HUMAN RELATIONS COMMISSION DEPARTMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve changing the name of the Commission for Women Department to the Department for Human Rights and Relations. VOTE: UNANIMOUS C. CABLE TV BASIC AND TIER SERVICE. A-LA-CARTE, EQUIPMENT AND INSTALLATION RATE APPROVAL A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve Cable TV Basic Service, Equipment and Installation Rates as presented and in accordance with the findings of the TJCOG consultant and the County Cable TV Citizen Advisory Committee. VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) X. REPORTS A. ANNUAL REPORT - EDUCATIONAL FACILITIES IMPACT FEES The Board received the annual report concerning implementation and administration of the Educational Facilities Impact Fee Ordinance. After a lengthy discussion, the Board decided that their first work session scheduled for January 12 would be used to discuss the ordinance revisions and to review any information from the schools on growth patterns - types of housing and number of students. Chair Carey will arrange to get this 8 information from the schools. The Board will decide, at their work session, whether or not to hold a public hearing and whether to increase the impact fee, what it will be based on and how much. With regard to Habitat for Humanity, Commissioner Willhoit suggested that they present through the normal budget process an estimated number of houses they plan to build and appropriate money to pay the impact fee the same way the County pays the other inspection fees for Habitat for Humanity. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis that Habitat be authorized to submit a request for monies to pay the impact fee. VOTE: UNANIMOUS XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. CLOSED BESSION - TO CONSULT WITH THE COUNTY ATTORNEY CONCERNING ATTORNEY-CLIENT PRIVILEGE MATTERS A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to adjourn to Closed Session to consult with the County Attorney concerning Attorney-Client Privilege Matters. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Chair Carey to adjourn the Closed Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOIIRNMENT With no further items to be heard by the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on January 17, 1994 in the OWASA Community Meeting Room in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk