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HomeMy WebLinkAboutMinutes - 19960212APPROVED MARCH 19. 1996 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING FEBRUARY 12, 1996 The Orange County Board of Commissioners met in special session with the Chapel Hill/Carrboro Board of Education on February 12, 1996 at 5:30 p.m. in the Government Services Center in Hillsborough, North Carolina. BOARD OF COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. CHAPEL HILL-CARRBORO BOARD OF EDUCATION MEMBERS PRESENT: Neil Pedersen, Superintendent, and members Nichols Didow, Mark Royster, Harvey Goldstein, Bea Hughes-Werner and Elizabeth Carter COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Finance Director Ken Chavious, Budget Director Sally Kost, Planning Director Marvin and Clerk to the Board Beverly Blythe POSSIBLE LEGISLATIVE CHANGES TO PERMIT BROADER USE OF DISTRICT TAX PROCEEDS Nichols Didow said that he hopes they can close this meeting with a clear understanding of what happens next and who is responsible. Geoffrey Gledhill said that Chapel Hill-Carrboro City School District could convert the present district tax so it can be used for current expense and capital or they could have a separate supplemental tax earmarked for capital. Having a separate referendum and a separate tax may be the cleanest way of doing it. He has not addressed using the supplemental tax to retire debt but would be glad to explore that possibility. Also, he does not know if capital needs can be funded by private placement financings (PPF) and the debt paid with a supplemental tax. There is a possibility that the General Assembly would give authorization but this is the short session and it is doubtful they would consider it this year because this would be a new district tax. Commissioner Gordon said she favors enlarging the present tax to include capital instead of a new or separate supplemental tax for the current district tax. The maximum tax rate is 35 cents. Commissioner Willhoit noted that the County Commissioners have authorization to raise the property tax to $1.50. In answer to a question from Mark Royster, Geoffrey Gledhill said that a referendum would be needed if the School Board wanted to use their present district tax for capital or if they wanted to pursue a second tax . They have to have a referendum in either case. In answer to a question from Commissioner Crowther, Geoffrey Gledhill said he was not sure if enabling legislation would be needed to use the supplemental tax to pay for debt service. Mark Royster said that he favors having a separate supplemental tax so the uses are not mixed. Also, this would allow Orange County to continue working toward equity. 2 In answer to a question about timing, Geoffrey Gledhill said that the best time to put this on the ballot would be on May 7. This election is also scheduled and they would not have to have a separate referendum. This would allow the funds to be used for the fiscal year beginning July 1, 1996. Chair Carey asked if Chapel Hill/Carrboro School system needed the money that soon and what they felt about having a referendum in May. Neil Pedersen said that their upcoming budget was not contingent upon supplemental tax money being available but it would certainly speed up the process. Geoffrey Gledhill explained that a referendum may be called by (1) 25% of the registered voters petitioning the school board or (2) by the Chapel Hill/Carrboro Board of Education requesting the Board of Commissioners to call the election and (3) the Board of Commissioners call for the referendum. The County Commissioners have no choice in the first two options. John Link noted that based on the proposal from the school system on the timing of the new elementary school and the addition to the new high school, he would recommend that based on cash flow, the first private placement financing take place as of May, 1997. He said that there is not any question about having money to cover the new elementary but there is a question about funding for the addition to East Chapel Hill High School. The School System may want to go ahead with the tax referendum either in May or November. Rod Visser mentioned that the Board of Elections must have a decision by March 6, because they have to have absentee ballots ready to mail by March 17. Commissioner Willhoit noted that one cent on the district tax is $325,470. Nick Didow said that twenty cents would translate to $6.5 million per year that could be used for construction. He noted that including the new construction in the CIP has put at risk many of the maintenance and improvements that need to be done at present facilities. Mark Royster said that they have never been funded at the level they need to be funded. School personnel are asking when they will get new technology. They have to use most of their funds for facilities to house students. Chair Carey said that the Board will know by November what the North Carolina General Assembly is going to do. He feels making a decision to move ahead by March 6 is not realistic. Mark Royster said that people know the schools are virtually bursting at the seams and that they are trying to come up with alternatives to fund the needed facilities without endangering the funds for constant maintenance and upkeep. He feels that by expanding the use of the district tax they can provide the facilities and also use some of the money for maintenance and upkeep. He thinks they can do it by March 6. Ken Touw said that it feels it would be challenging to education the public by May. By waiting until November, they would still have the money to meet their. needs. The maintenance needs have been postponed to the second five years of the CIP, which may not be reasonable. They have older schools that have needs that must be addressed before that time. Commissioner Gordon asked if they could agree that they want to do a referendum either in May or November, 1996. Commissioner Crowther said that the Board of County Commissioners need a request from the Chapel Hill/Carrboro Board of Education. His support is contingent on the majority of the school board supporting this referendum. Nick Didow said he feels that they can be a better steward of County funds if they are not always faced with imminent new construction. They can get better bids if they can go ahead and plan now for this new construction. He feels a referendum would pass in May or November and that either date would give them the flexibility they need. Neil Pedersen said that one thing that is critical is that when they begin the design of an elementary school, it would be helpful if they had access to funds during 1996 and 1997 to help with this design cost. That is their most pressing need. They don't have sufficient funds to move forward at the pace they would like to in order to open the elementary school in 1999-2000. John Link said he will work with Neil Pedersen on getting some funds for design costs during 1996-97. He feels that waiting until November would allow them to confirm the needs they have identified and also they will know what the State may do to address school needs. This also gives the County more time to address other unfunded capital needs in the County, some of which apply to schools and some do not. Also, it will give them more time to find out what the Orange County Schools may need. In answer to a question from Commissioner Crowther, Geoffrey Gledhill said that a bond issue can be for the acquisition of land for recreation and schools. Mark Royster asked if they could determine their needs and go for a bond issue. Chair Carey said that the difference between going for a bond issue and going for a referendum for a supplemental tax is that the supplemental tax will give a source of money for a long time whereby a bond issue would take care of the needs for a few years and that is all. Commissioner Willhoit said he is not opposed to a vote in November to changing the utilization of the district tax. He feels May could be too soon. He likes the district tax route because it is a way to meet short-term and long-term needs. Also they can look at creative ways to meet the school needs. Commissioner Gordon suggested that they agree to a referendum in November, 1996 on the district tax. She would like to know the amount and a comprehensive plan for how the money will be used and what fraction of the overall plan the County will fund. She asked Geoffrey Gledhill to let them know if debt service can be paid with the district tax. It was decided that Neil Pedersen and John Link will meet to talk about design funds for this year. Commissioner Willhoit suggested that they get a dollar amount in terms of what is needed for both school systems and how much it would take per year to fund that and then look at how they want to apportion that between general fund and district tax. 4 John Link summarized that short-term he will work with Neil Pedersen to address his need for upfront planning funds. Second, they will proceed with financing the new elementary school through private placement financing and third they will look at a November election for the district tax to be changed so it can be used for capital needs. He will also ask the staff to look at different funding scenarios including the dedication of the 1/2 cent sales tax. Chair Carey said that he would like to have all the needs identified by both school systems and all the options for financing these needs. Also, he needs the list of County needs during this same time period. Commissioner Willhoit feels that, perhaps starting July, they need to have a tax in place to meet the future needs of schools and County projects. They need to be prepared to move ahead and not wait for the November referendum. Commissioner Gordon said that whatever is done needs to be part of a comprehensive plan. It was decided that the next steps will be the Chapel Hill/Carrboro Board of Education presenting a proposal to the Board of Commissioners. It was noted that the school construction standards that will go to each of the governing boards in March is a vital part of this process to plan ahead. The County Commissioners will be making a final decision on these standards shortly after the recommendation is received. ADJOURNMENT There being no further items to discuss, Chair Carey adjourned the meeting at 7:05 p.m. The next regular meeting will be held tonight 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 1 APPROVED MARCH 19, 1996 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 5, 1996 POSTPONED TO FEBRUARY 12, 1996 The Orange County Board of Commissioners met in regular session on February 12, 1996 at 7:30 p.m. in the courtroom of the Old Courthouse in 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 Manager Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) I ADDITIONS OR CHANGES TO THE AGENDA -NONE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey indicated that citizens who have indicated a desire to speak to an item on the Printed Agenda will be identified at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Katherine Kaufman presented a petition with 116 signatures. The petition read as follows: "We the undersigned registered voters of Orange County, in the State of North Carolina, ask the Commissioners of Orange County to table any decisions to approve the Small Area Plan for Carrboro's Northern Transition Study Area submitted by the Small Area Planning Work Group. We ask that residents residing within this defined extraterritorial jurisdiction, and homeowners outside of the defined area that will be directly impacted as the result of this plan, be allowed meaningful representation in decision processes that will affect this region from this day forth. While conducting their study, the Small Area Planning Work Group, initially charged with ensuring the future preservation of farmland within this region, changed their goals to provide for the anticipated expansion of the Town of Carrboro. In doing so, farmland currently outside of Carrboro Town limits has now been zoned for residential and commercial development to diversify Carrboro's tax base. At no time during this 2 year study were area property owners residing within the proposed transition area surveyed on any matters relating to this plan. Now, at the mercy of the Carrboro Board of Aldermen, we the residents of this area petition the Orange County Commissioners with protecting the best interest of the residents and land within this Orange County community. " Commissioner Willhoit suggested that there be a facilitated meeting between the residents, the planning group, the Board of County Commissioners and the Board of Aldermen. He will present this idea when this item is discussed later this evening. PUBLIC CHARGE Chair Carey read the Public Charge. III. BOARD COMMENTS 2 Commissioner Gordon noted that the Triangle Transit Authority is providing van service between Chapel Hill and Hillsborough. They are interested in providing additional vanpool service and buspool service which could be a help to all Orange County citizens. John Link will let those departments which could benefit from this service know about these TTA operations. She recognized and commended the people in the County who worked on the youth forum, especially Sharron Siler and noted that Orange County had provided most of the funding for the forum. As a member of the UNC Planning Panel, she reported that the consultants answered questions and will return the latter part of March for a public hearing. This group is preparing a third interim report on their recommendations. She will provide additional information later on the specifics of this public hearing. Commissioner Crowther noted that he will need to leave this meeting for a short period of time. This meeting was postponed from February 5 to this evening and he had a previous commitment. Commissioner Halkiotis distributed a petition with 58 signatures. The petition reads as follows: "TO WHOM IT MAY CONCERN: We, the residents of Mary Hall Road, are writing concerning the maintenance of Mary Hall Road. For a while the upkeep and condition of the road has been a major concern of the residents. Most recently, the use of improper gravel has not only caused deflated tires on many cars of the residents on the road but also deflated tires of customers visiting businesses on Mary Hall Road. In addition to this, the trees and branches on the road have gone untouched for months at a time. This presents a major hazard for people traveling on the road as well as the school bus drivers that travel on the road transporting our children to and from school daily. Located on Mary Hall Road are many professional workers which are unable to resume work as quickly as their co-workers because we are-forgotten during inclement weather. In the past five years, many new homes and businesses have been built on Mary Hall. After meeting on this issue of the poor condition and upkeep of the road, the residents of Mary Hall Road felt that it was absolutely imperative that we communicate our concerns to the Board of Commissioners. Quite frankly, it is our desire that our road be paved. We feel that we have been patient and we would like to reap some of the benefits of our tax dollars. Thank you for your prompt, anticipated help." Commissioner Halkiotis also made reference to the County's fire inspection program and asked why it would cost the same to inspect a large store like WalMart and a small 600 sq.ft. business. He asked that John Link and Geof Gledhill look into the equity of this charge. Chair Carey noted that a former County Commissioner, Clarence Jones, just passed away and said that an appropriate resolution will be done. IV. COUNTY MANAGER'S REPORT -NONE V. REPORTS A. UPDATE OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN Howard Lee made the presentation. He worked as co-chair with Betty Eidenier. He reviewed the timeline and the charge of the committee and asked that the Board approve this plan as presented. Betty Eidenier reviewed the proposed action for County Commissioners. She hopes that the County Commissioners will accept and adopt the plan with any changes they desire. 3 Commissioner Crowther made reference to the agricultural section of the report and asked if they included forestry. Howard Lee indicated that there was little discussion in that direction. Commissioner Gordon commended everyone for their hard work . She suggested that on page 11 under the general topic of infrastructure, adding a goal for transportation to employment and training centers -- something like the EDC should work with appropriate groups to meet the needs of transporting people to work and secure transportation of people to education and training centers. She feels this is an important piece in facilitating citizens' ability to receive training and hold jobs. Chair Carey thanked all the members of the different task forces, the two co-chairs and the Economic Development Director Ted Abernathy. He suggested that the Board receive public comments at a public hearing. If any Commissioners wish to offer comments or changes to the plan before it goes to the hearing, they should forward them to Ted Abernathy. Mr. Abernathy was requested to put the action plan into a summary sheet for easy reading and understanding. VI. RESOLUTIONS/PROCLAMATIONS A. LANDFILL SITING RESOLUTION The Board considered adopting a resolution approving the selection of the site for a future Orange County landfill. At their most recent meeting, the Landfill Owners' Group voted 5-2 to approve a recommendation to the governing boards of Carrboro, Chapel Hill, Hillsborough and Orange County that a modified Site Orange County-17 be approved as the next landfill site in Orange County. Specific conditions are detailed in the resolution. Commissioner Gordon asked Wilbert McAdoo to explain the map which includes conceptual site plan #1, #2 and #3. He noted that the fill area is 108 acres on option #1, 130 acres on option #2 and 102 acres on option #3. THREE PEOPLE SIGNED UP TO SPEAK TO THIS ITEM Roger Barr spoke against this resolution. He said that there is no question the County needs a way to dispose of solid waste but he does not feel the County needs a new landfill. Whether they need a new landfill has not been part of the public discussion. The Site Selection Committee was forbidden from discussing this issue. The Landfill Owners Group has avoided the issue. He feels there is a tremendous amount of landfill capacity in the southeast and in North Carolina and in this area. Durham County Landfill is not taking in enough trash to meet their budget. He made reference to the paper or disposal options and noted that the in-county plan is $600,000 more expensive a year than other plans identified as alternatives. He asked the Board to carefully consider if this landfill is necessary at all. Linda Carver spoke against the resolution. She said that Orange County has been known across the State as a very progressive County and a leader in many areas. A landfill where garbage is buried is not on the cutting edge. She would hate to see Orange County have this landfill and have to import garbage from other Counties in order to support it. While other counties are recycling and doing more progressive things, Orange County has this expensive dinosaur that is unsightly and ruining the lives of some citizens. She said that when site 17 was added, that area was not represented on the Site Selection Committee. She questioned the size of the lots and why when the size became smaller, they did not look for smaller sites in other places in the County. She asked the County Commissioners to be sure before they start building this landfill that it is the right thing for Orange County. 4 Scott Franklin made reference to the promises made to the neighbors of the present landfill 25 years ago. He asked that the County Commissioners hold a public hearing on this resolution to receive additional input from the neighbors. Commissioner Willhoit responded to some of the concerns expressed by the three speakers. He said that the LOG said early in the process that they were not interested in an out-of- county option for disposal of waste. He personally favors looking at that and it is still an option. The countywide solid waste committee members were chosen without regard to any specific site. When they started their search for a site, the minimum acreage criteria was 350 acres. When they identified parcels, they identified tracts in which this 350 acres may be available. They can reduce the acreage they need at site 17 by taking advantage of some of the land the County already owns in that area. The proposed site does involve land that is owned by Duke University. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPROVING SITE ORANGE COUNTY-17 AS THE SITE OF THE NEXT SANITARY LANDFILL WHEREAS, there is a need for a new solid waste sanitary landfill once the current facility reaches capacity and that the landfill be developed as part of an integrated solid waste management plan, and WHEREAS, a landfill site search was initiated in 1990 by the governing bodies of Carrboro, Chapel Hill and Orange County; and WHEREAS, the process included establishment of a citizens committee to conduct the county-wide search for potential sites; and WHEREAS, the local governments obtained the services of an engineering consulting firm to assist in the technical aspects of the process; and WHEREAS, the engineering consultant found that all four of the candidate sites were permitable as a landfill and recommended Orange County-17 as the most preferred site; and WHEREAS, a five year process concluded with the Citizens Landfill Search Committee making their recommendation to the Landfill Owners' Group of Orange County-17 as being the most suitable site; and WHEREAS, it is the intention of the Landfill Owners' Group to negotiate purchase of all property at fair market value, but will recommend the use of the power of eminent domain if necessary to acquire land that is necessary for the public purpose of managing the disposal of solid waste; and WHEREAS, the Landfill Owners' Group is committed to early adoption and implementation of an integrated solid waste management plan and a-goal of a minimum 50% reduction of solid waste requiring disposal; and WHEREAS, the Landfill Owners' Group is committed to ensuring surrounding neighbors receive fair and just compensation for any losses; and WHEREAS, the Landfill Owners' Group has concluded that a reduced acreage Orange County-17, taking advantage of the existing landfill, is the most suitable site for the next landfill for managing Orange County's waste because: * recommended by engineering consultant * recommended by Landfill Search Committee * accessible to sewer service for leachate disposal * accessible to water service to mitigate groundwater contamination if it occurs 5 eliminates need to relocate waste processing facilities after closure of current cells affords potential for reprocessing material buried in landfill at this site minimizes additional acreage required by using a portion of the existing landfill property. NOW, THEREFORE, BE IT RESOLVED THAT_THE ORANGE COUNTY BOARD OF COMMISSIONERS DOES HEREBY 1) authorize acquisition of those strictly necessary properties within the area designated by Joyce Engineering as the site Orange County-17 for expansion of the current landfill operations, consistent with the reduced acreage commitment; 2) authorize the creation of a negotiating team by the Chapel Hill Town Manager, in consultation with the Managers of Orange County, Carrboro, and Hillsborough, to initiate negotiations and to solicit offers to sell from property owners (including authorization to provide earnest money from the Land Reserve Fund). This team will include a neutral professional facilitator approved by the Landfill Owners' Group; 3) request that the negotiating team meet with the selected site's property owners in facilitated meetings to discuss process of acquisition, specific owner concerns, the local government' intention of being as flexible as possible in making site design and construction address the concerns of landowners; and 4) using the policy "Toward a Sustainable Community -Landfill Operations" as a guideline in proceeding with site acquisition and development. (A copy of this policy is in the Permanent Agenda File). VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) NOTE: Commissioner Crowther was excused from the meeting at 8:35 and returned at 9:35. B. EXTENSION OF TIME WARNER CABLE TV FRANCHISE AGREEMENT A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to adopt and authorize the Chair to sign a resolution extending the Franchise until February 24, 1997 as stated below: A RESOLUTION GRANTING A FRANCHISE EXTENSION OF 12 MONTHS TO TIME WARNER CABLE TO PROVIDE CABLE SERVICE TO UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA, NC-0276 BY ORANGE COUNTY: WHEREAS, Orange County adopted an ordinance granting anon-exclusive franchise to Village Cable in November 1980, to provide cable television service to citizens to unincorporated areas of the county, and the franchise was subsequently transferred to Carolina Cable (Prime Venture 1) July 8, 1986; Cablevision (ATC) April 6, 1992, and most recently to Time Warner Cable. WHEREAS, the current franchise ordinance is set to expire on February 24. WHEREAS, Orange County recognizes that the public interest is best served by extending the term of the franchise by 12 months to allow the County and cable operator to conduct comprehensive franchise renewal activities; 6 WHEREAS, the County recognizes that the public interest is served by extending the term of the franchise to enable Time Warner Cable to prepare and submit to the County a detailed technology upgrade plan for the County, in preparation for refranchising; and WHEREAS, it is understood that the resolution to extend the term of the franchise to February 24, 1997, does not in any way serve to prejudice any franchise renewal rights of Time Warner Cable, nor require the refilling of any notice of intent to renew the franchise, granted pursuant to the County's cable franchise ordinance. NOW, THEREFORE, BE IT RESOLVED: That, the County hereby approves a 12-month extension of the County's cable franchise ordinance with Time Warner Cable, NC-0276, to expire on February 24, 1997; and That, this action shall be entered into the Minute Book of the Board of Commissioners. VOTE: UNANIMOUS (Commissioner Crowther_was absent) VII. SPECIAL PRESENTATIONS -NONE VIII. PUBLIC HEARINGS A. CABLE TV FRANCHISE RENEWAL This is a public hearing on the request for proposal which states the minimum standards for cable-telecommunication distribution system infrastructure. The comments received will be considered in the franchise renewal negotiations with Time Warner. Bob Gwyn, Chair of the Cable TV Committee, noted that with the new telecommunications law, telephone companies can now enter the cable TV business and cable TV can get into the telephone business. He gave several examples of how competition will increase. There is a lot of uncertainty out there. In response to the County's request for proposal, Time Warner proposes to rebuild their system in two or three years using fiberoptic cable which is consistent with their agreement with the FCC and their social contract. The company is offering nothing new in Orange County. The proposed system would be technically superior. They are asking for a twenty. year franchise. Time Warner is proposing extending service to residential areas no lower than 25 homes per mile. They propose that in counting the number of homes, dwelling units with satellite dishes will not be counted. The Cable Advisory Committee finds this unacceptable. The 25 homes per mile is too high. They still are concerned to secure afull-time public access, educational access and government access (PEG) service with channels and funding to support full service programming reflecting the needs and interests of the citizens of Orange County. With a reasonable cooperative system operated by an independent nonprofit corporation, the County should expect a very high quality PEG system -the best in the country. They hope that Time Warner will become a contributor to the community as other large companies are by providing grants for an excellent PEG system for the County. They have areas of disagreement with Time Warner that they hope can be settled by negotiation. The negotiating team has a single purpose - to negotiate the best cable and telecommunication service possible for the citizens of Orange County. Good public policy is top priority. Commissioner Gordon asked how they go about negotiating with a monopoly. Bob Gwyn said they have a good negotiation team and they want to have a franchise and it is to their economic advantage to have a franchise. They very much want to rebuild a system that will provide other information services. The County can take their time. He said that the negotiating team is reasonable and they have every reason to believe that Time Warner will be reasonable. THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENT Mr. Michael Packard, member of the Cable TV Committee, said that one of the important things they will try to do is to clarify all the vagueness in the proposal. They want the proposal to be ~ don't have a gad figure as to now olicy standpoint, they er mile. He asked that the • ublic p setting a figure at 20 or 21 homes p clear. His one concern ~ eached by a P n. many homes would be r octant that what encourage the staff to work on this calcula ~o mittee, said it is imp - ~ ero tic -- is of om board -fib P of Orange County. The infrastructure Miller Johnson, member of the Cable TV Tyler the citizens not only to residents but to educational they approve is going to serve rovide service ortance. They want to be able to p most imp forward to these and governmental institutions. are looking Manager for Time Warner sues.h They want to build a state of the art Willis Smith, Area tiations and to coming to terms on some of the is nego of the telecommunication bill and its impact on communication system. ated that staff could Provide information after Commissioner Gordon a e dater John Lirnk st the County to be provided at a la ort for a citizen access channel. e the NACo conference in March. s of supp m Robert Cosgrove, e of programming. The letters were fro Mr. Jan Yonabjak suoem~is YP ree letter .s issue of emphasized the impo~ance i er and Mary Gould. that he hopes that the committee will address t i David Z pP alities for community access. Commissioner Willhoit sa- with municip nonprofit coordination and coordinating xtended unless the cable company is forced to Vic Knight feels on i cthe boards way to negotiate. Commissioner Willhoit do so. He feels that competiti • n was made by Commissioner Halkiotis, seen oee eyve written comments unt A motto the public hearing op to accept the comments made and to keep February 20, 1996. VOTE: UNANIMOUS missioner Gordon, seconded by Commissioner Halkiotis to IX. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Com enda as stated below. approve those ite OINTMENTS sent Ag A• App enda Van- Hook and Ronni Zuckerman to the Commission fo The Board appointed Br Women membership. g, MINA S d the minutes for December 4, December 9, December 19, 1995 The Board approve and January 16, 1996. C. JAIL INSPECTION REPORT The Board received the report as presented in the agenda. _ ADVERTISEMENT OF TAX LIENS ON REAL PROPERTY FOR FAILURE TO D. p_ TAXES 8 The Board accepted the report of unpaid taxes for fiscal year 1995-96 that are liens on real property as of January 31, 1996 as stated below: County and All Special Districts $ 2,181,890.68 Town of Carrboro 110,199.60 Town of Chapel Hill 362,519.73 Town of Hillsborough 82,618.57 E. RESOLUTION TO APPLY AND ENTER INTO AGREEMENT WITH N.C. DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ACT The Board approved and authorized the Chair to sign the annual resolution to apply for Federal Transit Act, Section 18 capital and administrative funding as well as enter into an agreement with the North Carolina Department of Transportation for FY96-97. F. COST ALLOCATION PLAN The Board approved and authorized the contract with David M. Griffith and Associates for the preparation of the Indirect Cost Allocation Plan. G. IMPLEMENTATION OF CO-PAYMENT FOR ORANGE PUBLIC TRANSPORTATION MEDICAL TRANSPORTATION SERVICE The Board approved setting a $1.50 per-trip copayment for medical trips provided by Orange Public Transportation's Elderly and Disabled Transportation Assistance Program effective March 1, 1996. H. ESTABLISH PUBLIC HEARING ON POSSIBLE INCREASE IN OCCUPANCY TAX RATE The Board set Tuesday, February 20, 1996 at 7:30 p. m. at the OWASA Community Room on Jones Ferry Road in Carrboro for a public hearing on a possible increase in the Orange County occupancy tax rate. VOTE ON THE CONSENT AGENDA: UNANIMOUS X. ITEMS FOR DECISION -REGULAR AGENDA A. ADVERTISEMENT FOR PUBLIC HEARING _ FEBRUARY 26. 1996 Marvin Collins noted that there is a deletion on page 2 under Zoning Ordinance Text Amendments -temporary events. The other item where there is a change involves the amendments to the Subdivision Regulations -dedication payment-in-lieu provisions. He distributed the revised ~~ notice of public hearing which indicated that the $330 fee was changed to read not to exceed $455 per household" which is a maximum. Commissioner Gordon asked that a note be added following the first two items relating to impact fees to indicate that action on these two items might be taken on February 26 immediately after the hearing. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to accept the public hearing notice as revised. - VOTE: UNANIMOUS B. REBA AND ROSES. INC. CLASS A SPECIAL USE PERMIT APPLICATION This Special Use Permit Application was submitted by Laura Baldwin to continue the operation of Reba and Roses gift and garden shop/greenhouse at 112 Baldwin Road. The business is located in a former farm building on historic property known as Sunnyside. The -non-residential 9 use of the property is currently in violation of the Zoning Ordinance. However, non-residential use of historic structures is allowed with approval of a Special Use Permit. The Baldwin property is located on the northwest corner of St. Mary's Road and Baldwin Road. This item was presented at public hearing on November 27, 1995. On December 18, 1995, the Planning Board recommended approval of the Class A Special Use Permit with the condition that the structure be approved for commercial use by the Orange County Inspections Division, and State Building Codes are a requirement of Special Use Permit approval. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proposed Class A Special Use Permit Application contingent upon the applicant obtaining certificates of occupancy for all structures within 60 days following the issuance of the permit. VOTE: UNANIMOUS C. ZONING ENFORCEMENT CASES C( IVIL PENALTIESI A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to dismiss all cases except for Jack L. Hurley and to table this case for 30 days to give him additional time to come into compliance. VOTE: UNANIMOUS Commissioner Crowther returned at this point in the agenda at 9:35. D. WORKSHARING AGREEMENT WITH E UAL EMPLOYMENT OPPORTUNITY COMMISSION Lucy Lewis, Director of Human Rights and Relations said that this agreement will provide a mutually agreed-upon process for handling employment discrimination complaints that are currently within the jurisdiction of both Orange County and the EEOC. Commissioner Crowther asked about the $50,000 and if it runs out after two years. Lucy Lewis said that there is no exact date for when the first installment will be received. The $50,000 is for capacity building funds to provide for training,, equipment, etc. Following these first two years the County would be eligible for additional money based on the number of cases successfully completed. A motion was made by Chair Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign a Worksharing Agreement between Orange County and the Equal Employment Opportunity Commission. VOTE: UNANIMOUS E. PROCESS FOR RESOLVING ORANGE-ALAMANCE COUNTY BOUNDARY LINE Over the years, Orange and Alamance Counties have had different interpretations of the physical location, on the ground, of the boundary line dividing the two counties. As development intensifies along the County line, it becomes increasingly important to establish swell-defined boundary that is absolutely clear to property owners on both sides of the line. Last year, in response to a letter from John Link, the Alamance County Manager declined a process to resolve the boundary. Land Records Manager Roscoe Reeve asked that the County Commissioners ask the Alamance County Commissioners to support special legislation that would permit a simplified, less costly alternative to current law for resolving the boundary disagreement. The Board agreed to seek and conduct a meeting with appropriate elected and appointed officials of Alamance County to discuss possible resolution of the Orange-Alamance County boundary line. 10 F. CARRBORO LAND USE ORDINANCE TEXT AMENDMENT _ TEMPORARY MORATORIUM On January 5, 1996, Orange County received a notice from the Carrboro Planning Director that the Town of Carrboro will conduct a public hearing on February 6, 1996 on a proposed amendment to its Land Use Ordinance which would establish a temporary moratorium in the Northern Small Area Planning Area. The moratorium would be in effect until such time as Orange County adopts the amendments to Carrboro's Land Use Ordinance and Map implementing the Small Area Plan, or December 1, 1996 whichever occurs first. Neil Adermen spoke on behalf of Mr. Thomas Walker who is trying to get an 18-lot subdivision approved before the moratorium goes into affect. This is going to put a hardship on Mr. Walker because he needs the funds to retire and to care for his niece who was in an automobile accident. It bothers him and others in the area that they are County residents and have no recourse against Carrboro. He asked the County Commissioners to not support this moratorium. Geoffrey Gledhill suggested that the County Commissioners may want to recommend that this project be grandfathered in before such a moratorium takes place. Commissioner Gordon asked whether the proposed amendment is consistent with the Joint Land Use Plan and Geoffrey Gledhill indicated that it could be so interpreted. Commissioner Willhoit said that he would like to not take action on this item because it is a Carrboro issue. He said that what he has heard from those who live in the Calvander area is that they have a problem with the process. Chair Carey has sent a letter to the Mayors to attempt to correct the process. Commissioner Willhoit suggested that Carrboro get a facilitator to conduct a number of sessions to give the residents an opportunity to work through the process. The stakeholders would be the County Commissioners, the residents, the Small Area Committee and the Carrboro Board of Aldermen. He feels that the manufacturing areas they are proposing are inappropriate on Old 86 and would like to have this debated now instead of later. With reference to the Commercial area at Calvander, he does not envision another Timberlyne in that area. He would like to try and focus on the Carrboro Plaza which is not very far from the Calvander area. Maybe the Economic Development Commission could help them with this plan. He also feels that the Land Use Plan needs to be reviewed for that area. He does not feel that 5 units per acre is reasonable. Chair Carey feels that a mediated session would give those citizens who live in and around Calvander who are not Carrboro residents an opportunity to feel like they have been heard and give the County Commissioners an opportunity to get more directly involved in considering what the appropriate uses may be for that area. Commissioner Gordon said she feels the County Commissioners needed to make a response to this proposed moratorium. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to object to the proposed temporary moratorium on the basis that the proposed amendment to the Carrboro Land Use Ordinance is inconsistent with the Joint Planning Area Land Use Plan and to notify the Carrboro Board of Aldermen of such objection on February 6, 1996 at their public hearing, and to suggest to Carrboro that the County Commissioners support a facilitated meeting involving 11 the Carrboro Board of Aldermen, the members of the Small Area Committee, the residents in and around the Calvander area and the Board of County Commissioners. VOTE: UNANIMOUS XIII. CLOSED SESSION -NONE XIV. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on February 20, 1996 at 7:30 p.m. at the OWASA Community Meeting room at 400 Jones Ferry Road in Carrboro, North Carolina. Moses Carey, Chair Beverly A. Blythe, Clerk