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HomeMy WebLinkAboutMinutes - 19860723~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JULY 23, 1986 The Orange County Board of Commissioner met in regular session on July 23, 1986, 7:3o p.m. in the Courtroom of the old Post office, Chapel Hill, North Carolina. BOARD .MEMBERS PRESENT: Chair Dan Willhoit and Commissioners Shirley Marshall, and Moses Carey. BOARD MEMBERS ABSENT: Commissioners Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT; County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William Laws, EMS Director Bobby Baker, Finance Director Gordon Baker, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pam Jones, Budget Analyst Donna Wagner and Personnel Director Beverly Whitehead. A. BOARD COMMENTS Chair Don Willhoit announced a meeting will be held next Tuesday, July 29 with Alamance County at 7:00 p.m. at the Technical College of Alamance for the purpose of discussing solid waste incineration and water. B. AUDIENCE COMMENTS- 1. MATTERS ON THE PRINTED AGENDA ,, Chair Willhoit announced that those persons who would like to make comments will be recognized at the time that item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. PUBLIC HEARING 1. PUBLIC HEARING ON THE LEVY OF AN ADDITIONAL ONE-HALF PERCENT LOCAL SALES AND USE TAX IN ORANGE COUNTY Gordon Baker presented information on the additional one-half percent local sales and use tax. He stated that the General Assembly has given authorization to counties to levy an additional one half percent local sales and use tax to give counties and municipalities another source of income to meet their growing financial needs and reduce reliance on other revenue sources such as property tax and Revenue sharing. There are restrictions which dictate how the tax must be distributed. The schedule is as follows: PERCENTAGE SCHOOL CAPITAL OUTLAY OR PERCENTAGE YEAR RETIRE DEBT FOR SCHOOL CAPITAL UNRESTRICTED 1,2 60; 40~ 3,4 50~ 50~ 5,6,7,8 40~ 60~ 9,10 30~ 70~ 11 20~ 80~ 12+ 0~ 100 ~~ Baker continued with a summarization of the capital needs far the two school systems and the County. TI3E PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. 1. ZRA TROLLINGER, Assistant Superintendent and Director of Instruction for Orange County Schools, read a prepared statement from Orange County School Superintendent Dan Lunsford. Lunsford stated that the orange County School Board adopted a resolution in support of the additional one-half sales tax with 100 of the proceeds to be used for school capital needs. If the sales tax is approved he asked that the Board meet with the two school systems in the fall of 1986 to review the project status with the purpose of accelerating the current planned projects for both school systems. He requested that with the Counties portion of the sales tax, the County consider a small amount for current expenses for program refinements on the current mark-up list. He asked that another $10.00 be added to the per pupil amount. 2. LINDSEY EFLAND, Orange County School Board Chair, spoke in support of the one- half cent tax and asked that part of the money be used for program enhancements. He asked that further consideration be given to funding the media center for the High School. this year. 3. LI_BBA WELLS, spoke in support of the one-half cent tax increase. It is an important source of funds which the schools can use for capital improvements. 4. TED LATTA spoke in support of the one-half cent sales tax and asked that it be earmarked totally for schools. 5. SUE BAKER, Chapel Hill-Carrboro School Board Chair, asked that the Board approve the one--half cent tax. She expressed the concern for meeting the needs with the current capital allocation as proposed. 6. TED PARRISH, member of the Chapel Hill-Carrboro Board of Education, spoke in support of the passage of the sales tax for orange`:.,,; County. 7. SHAWN, 4JALSH, spoke against the levying of the additional one- half cent sales tax. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. D. ITEMS FOR DECISION 1. CONSIDERATION OF LEVYING THE ONE-HALF PERCENT LOCAL SALES AND USE TAX FOR ORANGE COUNTY. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the resolution to levy the additional one-half percent local sales and use tax far Orange County. A RESOLUTION LEVYING A ONE-HALF PER CENT (1/2%) ADDITIONAL LOCAL GOVERNMENT SALES AND USE TAX IN ORANGE COUNTY AS AUTHORIZED BY ARTICLE 42 CHAPTER 105 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, the Board of Commissioners of Orange County is now of the opinion and does hereby find and declare that the levy of a one-half per cent (1/2~) additional local government sales and use tax within orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE XT RESOLVED by the Board of County Commissioners of Orange County as follows: Section 1. There is hereby imposed and levied within Orange County ~~~ the one-half per cent (1/2~) supplemental local government sales and use tax authorized by Ratified Chapter 906 of the ].985 Session Laws (Regular Session, 1986), and codified as Article ~2 of Chapter 105 of the General ,- Statutes of North Carolina, effective July 7, 1986. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said Chapter 906. Section 2. Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of September, 1986. Section 3. The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue as provided by law. Section 4. This Resolution shall become effective upon its adoption and a certified copy hereof shall be delivered to the North Carolina Secretary of Revenue. Adopted this 23rd day of July, 1986. VOTE: UNANIMOUS. 2. WATER CONSERVATION .ORDINANCE (SECOND READING) (The Drought Management Plan is 'rn the permanent agenda f i le located in the Clerk's Office.) Motion was made by Commissioner Carey, seconded by Commissioner Marshall to amend the existing Water Conservation Ordinance with the addition of paragraph 2 under Article 2 (as stated below) and the adoption of the drought management plan as presented by the County Manager. ARTICLE 2 PARAGRAPH 2 - "With written approval by the Orange County Manager transfer limitations may be waived on a temporary basis in order to comply with physical system limitations which require the transfer of larger quantities. when an exception is granted the water transferred in any one transfer shall not exceed the sum of seven times the daily transfer limitations for the user. The water transferred weekly to the user requesting an exception shall not exceed the water usage/allocation limit for the user established in Table Iz. The user requesting the transfer exception shall give written substantiation of the need for the exception with its request." VOTE: UNANIMOUS. Chair Don Willhoit stated that Mayor Sheffield expressed concern that the Ordinance does not permit the Town of Hillsborough to transfer water to OWASA when the Alert Stage is reached. Willhoit requested that the County Attorney draft an amendment to the Ordinance that would allow for the transfer of water under certain conditions. Geoffrey Gledhill explained that the amendment would permit the transfer of water to OWASA up to 1/2 million gallons a day during ACTION STAGES II-VI when the number of usable days of water remaining from all other water sources available to OWASA is less than the number of days remaining in the water supply of Lake Ben Johnston, Corporation Lake and Lake Orange and the number of usable days would be computed on the basis of the allocations that are in the table including instream flow. Commissioner Marshall expressed concern that OWASA has not provided the figures requested by NRCD last March and if the amendment is approved, the figures may be delayed. ~~~ AMENDMENT TO THE WATER CONSERVATION ORDINANCE - FIRST READING Motion was made by Commissioner Carey, seconded by Chair Willhait to adopt the amendment as stated below: .-.-,., (A) During ACTION STAGES II-VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to .50 MGD, which may be withdrawn as prescribed in this ordinance and as prescribed in any contract ' between OWASA and other water users named in this TABLE II. Any such allocation shall only occur when the number of usable days of water remaining from all other water supply sources available to OWASA is less than the number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources shall be determined using the water usage allocation limit, including instream flow, established in this TABLE II. VOTE: AYES, 2; NOES, 1 (Commissioner Marshall). Chair Willhoit noted that water would not be transferred until the figures are provided by oWASA to NRCD as requested.. 3. CABLE TELEVISION FRANCHISE TRANSFER (SECOND READING) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the resolution approving the transfer of Village Cable's Cable Television Franchise to Prime Venture I. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING TRANSFER OF VILLAGE CABLE'S CABLE TELEVISION FRANCHISE TO PRIME VENTURE WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, Village Cable, on June 11,~ 1986, entered into an asset purchase agreement with Prime Venture I, Inc. ("Prime Venture"), a Delaware Corporation, for the sale and transfer of substantially all of Village Cable's assets, including its cable television system in Orange County, to Prime venture; and WHEREAS, Village Cable has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime Venture; and WHEREAS, Prime Venture agrees to accept the terms and obligations of the franchise as transferred; and WHEREAS, Prime Venture agrees to be bound by the memorandum of Agreement concerning handling of citizen requests far the extension of Cable TV service and to maintain a local office for the purpose of handling subscriber complaints and providing prompt maintenance service; and WHEREAS, Prime Venture agrees to provide an audited report of gross annual receipts as provided for in Section XIII of the Cable Television System Ordinance; and WHEREAS, the Board of Commissioners has determined that Prime Venture is qualified to hold the cable television franchise; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of ~~~ Commissioners that: 1. Upon consummation of the asset purchase agreement between Village Cable and Prime Venture and the successful transfer of the assets of Village Cable to Prime Venture, and the signed acceptance of this resolution by Prime ~Ienture, all rights and obligations of Village Cable incorporated in the cable television franchise ordinance and franchise cited above are transferred to Prime Venture. 2. All other provisions of the franchise ordinance and franchise shall. remain in effect. VOTE: UNANIMOUS. 4. AIR AMBULANCE CERTIFICATE AND FRANCHISE (Copy is in the permanent agenda file in the Clerk's Office) Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the certificate and franchise which will allow the North Carolina memorial Hospital Air Ambulance Program to provide emergency medical services and transportation of patients within Orange County. VOTE: UNANIMOUS. 5. AMBULANCE CERTIFICATE AND FRANCHISE (Copy is in the permanent agenda file in the Clerk's Office) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the certificate and franchise which will allow for the regulation and administration of emergency medical services on the premises of Orange County Speedway as provided by County Ordinance. VOTE: UNANIMOUS. 6. COUNTY ANNEX RENOVATION PLUMBING BID AWARD Motion was made by Commissioner Carey, seconded by Commissioner Marshall to award the plumbing section of the Revere Road County Annex renovation project to Process Plumbing and Piping, Raleigh, NC for a sum of $15,900 and authorize the Chair to sign on behalf of the Board contingent upon the adoption of the 1986-87 budget. VOTE: UNANIMOUS. E. 1986-87 BUDGET ADOPTION Gordon Baker distributed a revised mark-up/mark-down list that was discussed at the July l0 Board meeting. The mark-down items totaled $56,237. The fixed expenditures which cannot be reduced totaled $26,890. The capital items reduced totaled $8,582 which is not reflected in the total. The revised mark-up list totals $540,095 of which $214,725 is for long range school capital. '~ Baker reviewed the revenues including the monies expected from the additional one-half sales tax. He presented the revisions of the affects on the fund balance of the various tax increases. In conclusion he presented. the projected fund balance available for general. fund revised as of July 22, 1986. Commissioner Marshall noted that the mark-up of $30,000 for the mapping project in the Land Records Office had been left off the list and should be included. Chair Willhoit asked that $12,500 be Extension contingent upon resolving problems. Don Willhoit explained for the benefit of that the only way to increase their allocation be to increase the property tax rate. added for Agricultural the two school systems for current capital wculd ~.~r After a brief discussion on the personnel. merit program, motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the option 4 merit program as presented by the Personnel Director. VOTE: UNANIMOUS. _-., Commissioner Marshall asked that the Personnel Ordinance be reviewed by the Board in December or January. Chair Wi1~.hoit suggested that $306,000 ($156,000 for Orange County Schools and $150,000 for Chapel Hill-Carrboro Schools) be allocated for roof work out of the projected revenue for schools from the additional one-half cent sales tax. Motion was made by Chair Willhoit, seconded by Commissioner Marshall to adopt the 1986-87 Budget Ordinance. (Copy of the Budget Ordinance is ~i n the permanent agenda f i l e i n the C 1 erk' s Office .) VOTE: UNANIMOUS. F. ADJOURNMENT With no further business to come before the Board, Chair Willhoit adjourned the meeting. The next regular meeting will be held on August 4, 1986, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk