HomeMy WebLinkAboutMinutes - 05-16-2000APPROVED 4/3/2001
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
May 16, 2000
The Orange County Board of Commissioners met in regular session on Tuesday, May 16,
2000 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners
Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis, and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager
Rod Visser, and Clerk to the Board Beverly A. Blythe {all other staff members will be identified
appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING
WILL BE KEPT FOR 5 YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
The Board agreed to add to the agenda resolution "C" for Dog Bite Prevention Week and to
postpone decision item 9b, "Interim Process for Town/County Parkland Collaboration."
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Aaenda (These matters were considered as the Board
addressed the items on the agenda below.)
b. Matters not on the Printed Aaenda
Chair Carey said that five people have signed up to speak an the housing trust fund.
He asked that the speakers not duplicate information. He pointed out that there would be more
than one public hearing on this issue. He asked for the speakers to reserve most of their
comments far the public hearing.
Ellen Whitaker, who is an Orange County citizen and a member of the Committee for
Human and Animal Safety, spoke in support of an ordinance that would ban the display of wild of
exotic animals for entertainment purposes in the County. She made reference to a list of other
communities that have already banned such exhibits. She said that this list is attached to the
ordinance she distributed. This ordinance was modeled after the one that was passed in Carona,
California. She urged the Commissioners to pass an ordinance to ensure the safety of the public
and wild and exotic animals.
Commissioner Brown said that she read the material. She asked that this be referred to
the staff and the County Attorney for a report to come back to the County Commissioners.
Commissioner Halkiotis thanked Ms. Whitaker for the materials. He said that he feels
that this would fit in with the ordinance that the County now has for exotic animal control.
Mark Chilton presented the County Commissioners with a petition with 632 signatures
which he said is representative of a great deal of interest and a broad base of support for one cent
of the property tax being allocated for affordable housing.
Ruby Seinrich pointed out that the housing problem in Orange County is a local
problem. She said that the Chapel Hill Town Council has passed a resolution of support far the
one-cent allocation for affordable housing.
Richard Leiber said that he has been a volunteer for Habitat for Humanity for four years
and is serving as president of that Board this year. He asked Susan Levy to give a copy of three
resolutions of support from Chapel Hill, Hillsborough, and Carrboro to the Commissioners. He
shared some statistics from other municipalities within North Carolina that have supported
affordable housing with their property taxes.
Michelle Brown spoke in support of a housing trust fund for Orange County. She said
that she feels that one cent for affordable housing is a small price to pay far families who work hard
to have a home. She has six children and lives in a mobile home that costs $500 a month. She
will be getting a house through Habitat for Humanity in Efland after serving 125 hours of sweat
equity.
Beth Flora spoke in support of a hauling trust fund. She is a taxpayer in Orange
County and she is mare than happy to give an extra amount for affordable housing. She became a
homeowner through EmPOWERment, Inc. She asked that the County Commissioners not lower
the amount an the tax rate, making it ineffective.
PUBLIC CHARGE
Chair Carey read the public charge.
3. BOARD COMMENTS
Commissioner Halkiotis said that road repairs have begun on Highway 70 east to the Durham
County line.
Chair Carey pointed out that a letter has been sent from the Board to NCDOT related to the
concerns about the 16-foot wide trailers that are allowed on the roads in Orange County.
Chair Carey announced that the Shaping Orange County's Future Forum will be held on
Thursday, May 18t" at 7:00 at A. L. Stanback School on NC 86.
Commissioner Jacobs made reference to the 16-foot wide mobile homes and said that he
was told that the Board of Transportation is evenly split an this issue. The board is meeting again
in June. He suggested that some of the Commissioners follow up the letter with an appearance at
this meeting.
Commissioner Jacobs said that he and Commissioner Halkiotis talked about trying to put
together a meeting at 7:30 p.m. June 5t" in the Superior Courtroom in Hillsborough on open space
preservation and agricultural conservation. The speaker is Phillip Gotwalls, an Agricultural
Economic Development Director from Howard County, Maryland. Mr. Gotwalls comes from a state
and county that already has extensive open space preservation, an agricultural conservation
easement program, and a very active economic development program for agriculture. There will
also be people speaking from the Commission on Small Family Farm Preservation and the
candidates for the Commissioner of Agriculture. He made a request for $300.00 from the County
Commissioners contingency fund. Triangle J Council of Governments is contributing an additional
$100.00. The State Smart Growth Commission will pay the other half to bring Mr. Gotwalls here.
Commissioner Jacobs said that he met with Dianne Reid, Fletcher Barber, and three
representatives from UNC-CH about trying to buy local produce.
Commissioner Jacobs said that on May 23rd at 9:00 a.m., Mr. Eric Larson, a specialist on
affordable housing from Montgomery County, Maryland, would be speaking at Triangle J Council of
Governments.
Commissioner Jacobs reported that the parking committee met today and it is hoped that a
plan will be revised for more accessible public parking for employees and customers in downtown
Hillsborough. They also talked about the river park and the possibility of folding planning for that
into the master plan for the justice facility. He asked that the Commissioners direct the staff to
work with Hillsborough on the EDD to be extended to the new NC 86 exit.
Commissioner Halkiotis said that he feels that both new and old NC86 needs to be done in
concert and in parallel with what Hillsborough is doing.
4. COUNTY MANAGER'S REPORT
John Link asked the County Commissioners if they would agree with televising the Manager's
recommended budget next Thursday and they agreed with this suggestion.
5. RESOLUTIONSIPROCLAMATIONS
a. Proclamation for Older Americans Month and Senior Center Week
The Board considered proclaiming the month of Mayas Older Americans Month and
the week of May 14-21 as Senior Center Week.
Florence Soltys thanked the County Commissioners for their support for the Master
Aging Plan that the task force is working on at this time. She noted that there are now 14,363
Orange County residents that are senior citizens. Of those, 2,614 are over the age of 80.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the Senior Center Week Proclamation as stated below:
PROCLAMATION
Senior Center Week
May 14-20, 2000
WHEREAS, Local communities support over 12,000 Senior Centers in the United States; and,
WHEREAS, Orange County has recognized the importance of Senior Centers and has provided
leadership in the development and operations of such facilities in the County; and,
WHEREAS, Senior Centers affirm the dignity, self-worth and independence of older persons by
facilitating (heir decisions and knowledge and enabling their continued contribution
to the community; and,
WHEREAS, Encouraged and supported by the OlderAmericans Act, Senior Centers function as
service delivery focal paints, help older persons to help themselves and each other,
and offer opportunities fo become physically active, mentally challenged,
emotionally supported and socially involved; and,
WHEREAS, The month of May has historically been proclaimed OlderAmericans Month, and
communities across the country are giving special recognition to alder persons and
the role of Senior Centers in serving them;
NOW, THEREFORE, We, the Orange County Board of Commissioners, do hereby PROCLAIM the
week of May 14 through May 20, 2000 as
SENIOR CENTER WEEK
AND further do call upon the people of our community to honor older Americans
and the Senior Centers that bring Together activities and services for their benefit.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the proclamation for Older Americans Month as stated
below:
PROCLAMATION
OLDER AMERICANS MONTH
May 2000
WHEREAS, According to the latest population figures, there are mare than 14,363 persons over
60 years of age in Orange County; and,
WHEREAS, The President of the United States has declared Mayas Older Americans Month;
and
WHEREAS, Orange County is proud of the older adults who live here and wishes to show
appreciation for what they contribute to their County, State and Nation; and,
WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are
inspired to continue to make Orange County a good place in which to live; and,
WHEREAS, Orange County also wishes to set aside a special month for recognition of the older
segment of its citizenry;
NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North
Carolina and the President of the United States in PROCLAIMING May, 2000 as
OLDER AMERICANS MONTH
AND, further, do encourage all citizens to join us in honoring our older Americans.
VOTE: UNANIMOUS
b. Proclamation for National Nursing Home Week
The Board considered proclaiming May 15-19 as National Nursing Home Week.
Co-Chair of the Nursing Hame Advisory Committee Becky Bradley thanked the
Commissioners for their support of nursing homes in the County.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve and authorize the Chair to sign the proclamation as stated below:
PROCLAMATION
NURSING HOME WEEK
Whereas, Nursing Homes and other long term care facilities have accepted the responsibility
far providing long term health care services to the citizens of our community; and
Whereas, Over 600 residents reside in five nursing homes in Orange County, which are
Britthaven of Chapel Hill, Carol Woods, Chapel Hill Rehabilitation and Healthcare,
Meadowbroak Manor, and SunBridge for Hillsborough; and
Whereas, The quality of care and quality of life of nursing home residents depends upon the
daily, conscientious services and hands-on care provided by long term care facility
staff, as well as the honoring of the federal Nursing Home Resident Bill of Rights;
and
Whereas, Nursing Home Community Advisory Committee members, who serve as grassroots
ombudsmen, advocate for the rights of nursing home residents, as well as the
physical, mental, emotional, and spiritual well-being of these residents; and
Whereas, Nursing Home Community Advisory Committee members are trained volunteers
who collaborate closely with residents, family members, facility staff, the Lang Term
Care Ombudsman Program, the Orange County Department on Aging, and
regulatory agencies to ensure quality care in full recognition of residents' dignity and
individuality;
Now, Therefore, We, the Orange County Commissioners, do hereby proclaim May 15 -19,
2000 as
National Nursing Home Week 2000
And urge all citizens to join with us in this observation. We encourage citizens to
visit our Nursing Homes and to express appreciation for the services performed by
nursing home staff and the advocacy efforts of the Nursing Home Community
Advisory Committee members who represent the public good for Orange County.
This the 16t" day of May, 2000.
VOTE: UNANIMOUS
c. Dog Bite Prevention Week
Chair Carey read the resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
approve and authorize the Chair to sign the resolution as stated below:
RESOLUTION
Dog Bite Prevention Week
May 21-27, 2000
Whereas an estimated 4.7 million people, most of them children, are bitten annually by
dogs in the United States, and
Whereas millions of dog bite injuries could be prevented through public education and
responsible dog ownership, and
Whereas dogs who are properly trained and socialized, who receive adequate care and
attention, and who are safely controlled are less likely to bite, and
Whereas dogs who are sterilized are three times less likely to bite, and
Whereas dog bite prevention education is an important, but often omitted, component of
safety education programs far children and adults.
Now, therefore, be it resolved by the Orange County Board of County Commissioners
that May 21-27, 2000, is designated Dog Bite Prevention Week in Orange County in recognition
of the need to increase awareness of the problem of dog bite injuries and the many effective
solutions to that problem.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS -NONE
7. PUBLIC HEARINGS
a. Orange County's Legislative Agenda for 2000
The Board held a public hearing on proposed items to be included in the County's
legislative agenda package for the 2000 N.C. General Assembly Session.
County Attorney Geoffrey Gledhill made this presentation. The information for this item
is divided into two resolutions. He summarized the two resolutions. The first resolution contains
three bills in which the Commissioners would ask the General Assembly to introduce on behalf of
Orange County. These bills are as follows: 1) authority to regulate open burning in Orange
County; 2) authority to use the remedies of attachment and garnishment to collect otherwise
collectable delinquent ambulance bills; and 3) a bill that would not require the collection of deferred
taxes when use value property is transferred between farmers. The second resolution has to da
with legislation that has been introduced already or could be the subject of legislative efforts this
session. The resolution would support these matters as they come to the General Assembly
during this session. These items are as follows: 1) School Impact Tax; 2) Preserving farmland
and promoting small farms; 3} promoting viable agriculture/alternative farming and agricultural
practices; 4} asks far the support of increased exemption from taxation of homestead property; 5)
asks for the support of the Orange County delegation for construction and start-up expenses for a
Durham Technical Community College satellite campus in Orange County; 6} support a permanent
prohibition on billboards along I-40; 7) implementation of the Durham/Chapel Hill/Carrboro
Metropolitan Planning Organization position statement; 8} support the de-annexation proposal by
Hillsborough; 9} asks legislators to support a law to spread the costs for the care of delinquent
children with special needs among the state; and 10) asks legislators to maintain the partnership in
the agricultural cost-sharing program with the County.
Steve Yuhasz made reference to the Hillsborough de-annexation item and said that he
reviewed the Hillsborough proposal to de-annex the areas and asked if this means that the County
Commissioners oppose the de-annexation of just a portion of that property. Chair Carey said that
the request was that the legislative committee review the annexation and de-annexation policies of
the state to came up with some reasonable recommendations for how the state should proceed.
Geoffrey Gledhill explained that the other part of the resolution would encourage the legislators to
support the de-annexation of all of the satellite annexation that was done by Hillsborough several
years ago.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
close the public hearing and to approve the legislative agenda for 2000.
VOTE: UNANIMOUS
Commissioner Jacobs asked that the map for the de-annexed property be forwarded to
the legislators. He also asked that this legislative agenda be shared with the four towns in Orange
County and with the appropriate advisory boards (Ag Preservation Board, Advisory Board on
Aging, the school boards, Soil and Water Conservation, Planning Board, etc.}.
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
approve the Consent Agenda as stated below:
a. Minutes
This item was removed from the Consent Agenda for separate consideration.
b. Little River Regional Park and Natural Area -Exercise of Option to Purchase
This item was removed from the Consent Agenda for separate consideration.
c. Grant Application to Land and Water Conservation Fund for Little River Regional
Park and Natural Area
The Board approved a joint grant application with Durham County to the Land and
Water Conservation Fund far development costs associated with the proposed Little River
Regional Park and Natural Area.
d. Contract with Orange County Raceway, Inc. (Kartway)
The Board approved and authorized the Chair to sign a contract with Orange County
Raceway, Inc. at a rate of $45 per hour to provide medical coverage at kartway events.
e. Contract with Orange County Raceway, Inc. iOrange County Speedway)
The Board approved and authorized the Chair to sign a contract with Orange County
Raceway Inc. at a rate of $35 per hour far Paramedic Response Vehicle, $50 per hour for
ambulance and paramedic and $10 per hour for each additional emergency medical technician, to
provide medical coverage at speedway events.
f. Budget Amendment # 11
The Board approved budget amendments and Orange County Schools Capital Project
Ordinances incorporated into these minutes by reference.
g_ Interlocal Agreement with Town of Hillsborough for GIS Services and Products
The Board approved and authorized the Chair to sign an agreement with the Town of
Hillsborough far the purchase of GIS products through the County.
h. Renewal of Agreement with Town of Hillsborough far Fire Inspections
This item was removed from the Consent Agenda for separate consideration.
i. Buckhorn Ridge -Preliminary Plan
The Board approved the preliminary plan far Buckhorn Ridge subdivision in accordance
with the resolution of approval incorporated into these minutes by reference.
L New Hope Springs Section Three -Preliminary Plan
The Board approved the preliminary plan far New Hope Springs subdivision, section
three in accordance with the resolution of approval incorporated into these minutes by reference.
k. Purchase of Fire Trucks by Ena Volunteer Fire Department
The Board approved a request by Eno Fire and Emergency Services, Inc. to purchase
two replacement fire trucks through tax-exempt financing with a local financial institution.
I. Travel and TourismlEconomic Development Support Proposal
This item was removed from the Consent Agenda far separate consideration.
m. EMS Medical Director Contract
The Board renewed and authorized the Chair to sign an agreement with UNC Hospitals
to provide medical director services to Emergency Management at a cost of $30,000 for fiscal year
2000-2001.
n. Contract Renewal -Jail Medical Services
The Board renewed and authorized the Chair to sign a contract with Orange Family
Medical Center to provide medical services for jail inmates through June 30, 2001, at a cost of
$18,150.
o. Contract Renewal -Property Management Services1501 W. Franklin St.
The Board renewed and authorized the Chair to sign a contract with EDM Associates to
provide property management services at 501 W. Franklin St. at the rate of 6 percent of gross rent.
,~ Bid Award - Re-lighting Project at Planning and Agricultural Center
The Board awarded a bid to Gwynn Electric in an amount not to exceed $57,225 to
complete the re-lighting project at the Planning and Agricultural Center.
~ Motor Vehicle Property Tax Refunds
The Board approved three property tax refund requests in accordance with the
resolution incorporated herein by reference.
r. Creation of two Housing Task Forces
This item was removed from the Consent Agenda for separate consideration.
5. Appointments
This item was removed from the Consent Agenda for separate consideration.
t. Amendments to Board Policy on Contract Approval Process
The Board amended its policy relating to manager and staff approval of certain
contracts and purchases.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
a. Minutes
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve
the minutes from the following meetings with the two changes: Jan. 20, 2000 regular
meeting/retreat; Feb. 14, 2000 regular meeting; Feb. 21, 2000 JPA public hearing; and, Feb. 29,
2000 regular meeting.
VOTE: UNANIMOUS
b. Little River Regional Park and Natural Area -Exercise of Option to Purchase
The Board considered exercising an option to purchase 135.61 acres in Little River
Township from Triangle Community Foundation far the Little River Regional Park and Natural Area
at a cost of $352,586, to be paid by grant funds from the N.C. Clean Water Trust Fund and N.C.
Parks and Recreation Trust Fund.
Commissioner Halkiotis removed this so that the County Commissioners, County
Manager, David Stancil, and Rich Shaw could be recognized. He is proud of the work that David
Stancil and Rich Shaw have done. He feels that this will be part of the Lands Legacy Program that
the County Commissioners have approved and supported.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
approve exercising an option to purchase 135.61 acres in Little River Township from Triangle
Community Foundation for the Little River Regional Park and Natural Area at a cost of $352,586,
to be paid by grant funds from the N. C. Clean Water Trust Fund and N. C. Parks and Recreation
Trust Fund.
VOTE: UNANIMOUS
h. Renewal of Agreement with Town of Hillsborough for Fire Inspections
The Board considered renewing an agreement with the Town of Hillsborough for fire
inspections to be performed on behalf of the town.
Commissioner Gordon asked for an update on this item. She recalls that the Town of
Hillsborough wanted Orange County to do higher level inspections because they needed to train
their personnel. She asked how the training was going. EMS Director Nick Waters said that
County staff would only be doing level three inspections for the Town of Hillsborough.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
renew and authorize the Chair to sign an agreement with the Town of Hillsborough for fire
inspections to be performed on behalf of the town.
I. Travel and TourismlEconomic Development Support Proposal
The Board considered possible support of a North travel and tourismleconomic
development promotional event on July 4, 2000 in Ottawa, Ontario, Canada.
Sam Hobgood thanked the County Commissianers for this opportunity. He said that he
would involve Orange Economic Development, the Tourism Convention Bureau, and the Chapel
Hill, Carrboro, and Hillsborough Chambers of Commerce.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
support a North Travel and tourismleconomic development promotional event on July 4, 2000 in
Ottawa, Ontario, Canada.
r. Creation of two Housing Task Forces
The Board considered creating two housing task forces to address housing questions
and issues.
Commissioner Brown asked that special needs housing be added to number one of the
issues far the task forces to address.
Commissioner Gordon suggested two changes to the agenda abstract. These were
distributed to the County Commissioners and included in the Permanent Agenda File in the Clerk's
office.
Commissioner Brawn made reference to the housing symposium and said that the
educational outreach could consist of questions and answers that could help with educating the
citizens about affordable housing. These questions and answers could be developed for the first
work group meeting.
Commissioner Gordon made reference to number two in the agenda abstract,
"Determine the amount of modular housing and mobile homes sited within Orange County during
the last ten years," and asked if there was an idea of the composition of all of the housing in
Orange County. Planning Director Craig Benedict said that the Planning staff has been able to
track all of the housing types and sizes over the last ten years. He said that the mobile hams rate
of construction has been going down slowly, but the number of modular homes is increasing.
John Link suggested that the mayors be asked to invite the town managers to come to
that first HUT meeting so they can address the staffing opportunities.
Commissioner Gordon asked about the membership of these two task forces.
Commissioner Brown said that there was a recommendation on the membership of the
HUT group. The second task force is an open group that people signed up for after the housing
summit.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to
approve this item as amended with the timeline, membership, and staffing to be brought back.
Commissioner Jacobs said that he and Commissioner Brawn were hoping the task
force with the university officials {HUT) would get started before the end of the fiscal year.
VOTE: UNANIMOUS
s. Appointments
The Board considered appointments to the Adult Care Home Community Advisory
Cammittee; Chapel Hill-Orange County Visitors Bureau; Economic Development Commission;
Human Services Advisory Commission; Personnel Advisory Board; and, Little River Park Advisory
Committee.
Commissioner Gordon questioned the agreement for a BOCC representative to
participate in the Little River Park Advisory Committee. She thinks it is a good idea to have a
BOCC representative, but she is not sure what action needs to be taken.
It was answered that no action needed to be taken tonight, but a draft could be
developed to circulate among the partners to gain some structure. It was agreed that a draft for
the Little River Park Advisory Cammittee would be developed and brought back to the Board.
Commissioner Brown would like to make sure that the appointments are covering the
areas that should be covered. She thinks that an issue that is not addressed in appointments is
the appointment of other elected officials who are representing organizations and not their
governing boards. She would like to review this as part of the policy far appointments.
Discussion ensued about appointing elected officials to boards.
Commissioner Jacobs suggested that, if the Board wants to change the policy about
appointing elected officials to boards, that it would be changed at the end of a term.
A motion was made by Commissioner Brawn, seconded by Commissioner Halkiotis to
approve the appointments for the Adult Care Home Community Advisory Committee; Economic
Development Commission; Human Services Advisory Commission; and Personnel Advisory Board
as stated below. The appointments for the Chapel Hill-Orange County Visitors Bureau and Little
River Park Advisory Committee will be considered at a later time.
VOTE: Ayes, 4; No, 1
It was decided that the Board would decide on the policy for appointing elected officials
to boards before making the appointment to the Chapel Hill-Orange County Visitors Bureau.
Adult Care Home Community Advisory Cammittee
Ruth J. Monnig was appointed for the term ending June 30, 2002.
Economic Development Commission
Jim Gibson, Joal Hall-Broun, Russell Seibert, Mark Marcoplos, and Esther Tate were
appointed for the term ending June 30, 2003.
Human Services Advisory Commission
Robin Barnhill was appointed for the term ending March 31, 2003.
Personnel Advisory Board
Patrick Marshall was appointed for the term ending June 30, 2002.
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Efland Sewer Fund -Demand Related Revisions to Fee Schedule
The Board considered revising the fee schedule for sewer connections to the Efland
Sewer System.
John Link reminded the Baard that on October 19, 1999 the rules and regulations far
operation of the Efland Sewer System were amended and certain revisions in the fee structure
were adopted. The Board had also expressed interest in evaluating and perhaps adopting a
sliding scale fee structure similar to the one that has been used by OWASA. The Board is not
being asked to adopt a sliding scale fee structure, but to find favor with the idea and to establish a
public hearing.
County Engineer Paul Thames summarized the findings of the study. They found
approximately 550 customers of Orange-Alamance Water System, and 100 customers were
eliminated from the study because they were either commercial or non-residential users. Looking
at the range of houses, there was a 30-35°lo differential in the amount of water use between the
smallest homes and the largest homes. This does not correspond directly with the Chapel Hill
study that was done by OWASA, which this study was modeled after. The largest homes in
Chapel Hill use about five times the amount of water that the smallest houses do.
Commissioner Brown said that she would like to establish a fee structure that is
compatible with the Commissioners' goals and affordable hauling and does not rely on the
acreage.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
direct the staff to develop a revised sliding scale fee proposal (to replace the existing acreage fee
structure) to be taken to a public hearing for the purpose of receiving public comment,
implementing the proposed fee structure and adopting the attendant changes to a Resolution
Establishing Rules and Regulations of the Operation of a Sewer Collection Treatment System to
Serve the Efland Area of Orange County.
VOTE: UNANIMOUS
Commissioner Jacobs asked that Orange County look at the Orange-Alamance Water
System operation. He made reference to making the Economic Development District more fully
functional between Efland and Mebane, pursuing cooperative relationships with Mebane, raising
the environmental protection issues and comprehensive planning. He feels there are a number of
questions that need to be asked about an entity that exists in the middle of the County aver which
the Commissioners have no control and about which they know very little. He read questions
asking that the Board direct staff to look into the Orange-Alamance water operation.
•:• How was Orange-Alamance created and within what parameters does it operate?
• What outside oversight is there of Orange-Alamance operations?
• What is the regulatory history of Orange-Alamance?
• Is there an environmental danger in inter-basin transfer of water when the majority
of the water is being transferred out of the basin?
• Is there coordination with the Orange County Planning Department in extending
lines?
• What is the standard process by which customers secure water service and haw are
exceptions decided?
• Wha appoints the Orange-Alamance Board of Directors?
• Are there water pressure problems in any hydrants or other parts of the system?
• By what mechanisms are public concerns addressed by the Orange-Alamance
Board?
• Are Orange-Alamance Board meetings public and are they properly noticed?
:• What are the utility assets?
• Who would have the authority to disband the utility besides the Board of Directors?
Commissioners Halkiotis and Brown support Commissioner Jacobs in getting the
information he seeks about the Orange-Alamance water operation.
Chair Carey suggested informing the Orange-Alamance Baard of Directors that the
Board of County Commissioners is requesting this information and also inviting the Baard of
Directors to meet with them.
b. Interim Process for Town/County Parkland Collaboration
The Board was to consider adopting an interim process for collaborative parkland
acquisitions. However, this item was postponed.
c. Orange County Subdivision Text Amendments
The Board considered text amendments to the County's subdivision regulations.
Craig Benedict said that these text amendments had to do with three primary issues: 1)
Amendments regarding the timeline on which subdivisions can be submitted to the County and
when subdivisions become cumulative; 2) Revising the approval procedures for concept plans
within all zoning districts except the Rural Buffer; and 3) Combinations and access to public roads.
These revisions were discussed at public hearing and the Planning Board approved them with an
8-2 vote. The Administrative staff also supports these recommendations. He made reference to
page five of the agenda abstract and said that all major subdivisions that have received Concept
Plan approval may be "grandfathered" in under the old regulations. There are 14 subdivisions in
this category.
Commissioner Jacobs asked if this was a matter of law or perceived fairness. John
Link said that, from his perspective, it was a matter of perceived fairness.
Geoffrey Gledhill said that presently a change in the regulations would not affect
projects that have preliminary plan approval.
Commissioner Jacobs said that this was a big improvement from the original proposal.
He thinks it is good to have the Planning Board as part of the approval process.
Commissioner Gordon made reference to the two additional requirements, 'e' and 'f, on
page 3 of 3 (bottom), and asked what the consequence was if the subdivision could not meet the
test. Craig Benedict said that it would just go into the subdivision process.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
adopt the administration recommendation to change the Orange County Subdivision Regulations.
VOTE: UNANIMOUS
d. Resolution Transferring Control of Cable Television Franchise from Time Warner, Inc.
to America Online
The Board considered transferring control of the County's cable television franchise
from Time Warner to America Online and from Media One to AT&T.
Michael Patrick, Chair of the Orange County Cable TV Citizens Advisory Committee,
said that this matter was a function of the federal law and governing cable TV operations, which
provides that whenever there is a substantial change in ownership of a cable operator that the
entity come before the franchising authorities and seek consent to the change in ownership. He
gave some background information about Time Warner, Inc. The County Commissioners have two
requests to approve two different transfers of ownership. This is because the part of the
partnership that is owned by Time Warner Entertainment is also a partnership between Time
Warner, Inc. and Media One. The Cable Committee tried to look at the policy issues involved in
this transfer. The major policy issue that was focused on was whether or not the County should
ask, as a condition of approval, to provide open access to Internet service over the cable system.
The recommendation of the Orange County Cable TV Citizens Advisory Committee is to ask the
Commissioners to approve the merger of Time Warner Cable and America Online and of Media
One and AT&T contingent on an open access provision. The Cable Committee decided not to
address the issue of open access on programming issues.
David Permar, legal counsel far Triangle J, said that he supports the recommendations
of the Cable Committee. He spoke about the federal law on this subject and said that the County
must act on the transfer resolution within 120 days or it is deemed approved. The 120 days runs
out on June 12, 2000. There is a provision that allows an extension. Time Warner Cable has
agreed to an extension. He recommends that the County Commissioners defer action on this
resolution so that a franchise could be renegotiated.
Commissioner Jacobs asked why the County should approve this transfer considering
there is no franchise agreement in advance. He has some concerns about this merger. He is
concerned that AOL actively censors content on its websites. He is also concerned about assets
and control being dangers to freedom of speech and to freedom of choice in the marketplace.
Also, in reading the FCC's response to what Time Warner did with Disney, he has concerns about
how this was handled.
Michael Patrick again spoke saying that he shares Commissioner Jacobs' concerns.
He said that one of the concerns that the committee is trying to promote through the condition on
open access is to require that there be other ISP's that could be utilized over the cable system.
Commissioner Jacobs asked if any of the governments that Triangle J deals with have
not approved this transfer. Mr. Permar said that everyone has deferred action except for Wake
County who adopted it with mandatory access. He feels that this is anon-binding poll on the
federal level. He said that one advantage of putting the decision off is that there could be a feel of
what other local governments are doing.
Commissioner Brown asked about the implications of rejecting this transfer and Mr.
Permar said that he was not sure. In this case, where there is a transfer of control, it is less
obvious as to what the impact of the denial is going to be.
Commissioner Brown is very interested in protecting consumers on access to the high-
speed Internet connection.
Commissioner Halkiotis said that the whole process regarding cable TV is a charade.
He said that whether or not the Commissioners approve or deny this resolution, it means nothing.
He asked about Direct TU and if the customers were entitled to receive local broadcasts.
David Permar shares the frustrations of Commissioner Halkiotis. He mentioned some
important language in the resolution about Time Warner Cable not being able to use the
revaluation of assets as a result of this transaction. If this resolution was not adopted, Time
Warner Cable could come back and charge Orange County's customers for the up-valued assets.
At some point in the future, the satellite companies will be required to carry all of the local
channels.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
defer consideration of this matter of corporate socialism to a subsequent meeting of the Board of
County Commissioners.
VOTE: UNANIMOUS
The Board decided to hear the Triangle Transit Authority Annual Status Report and to defer
the closed session to a subsequent meeting.
10. REPORTS
a. Triangle Transit Authority Annual Status Report
The Board received an annual status report from the Triangle Transit Authority.
Jim Ritchie, General Manager of Triangle Transit Authority, reported that the number of
TTA bus riders was up about 8.4% in fiscal year 1999, and in 2000 it is growing 19.9%. The TTA
bus and van program carried about 726,000 riders in fiscal year 1999. He made reference to
passenger miles traveled and said that the goal was to get people out of their automobiles. He
said that TTA carried many times more passenger miles than were carried on Chapel Hill Transit.
The Board of Trustees asked the staff to prepare plans to expand bus service from the current 25
peak vehicles to 79 peak vehicles over the next five years. TTA will need a fee increase in the
vehicle registration tax ar some other related fee at around 2004-2005 to sustain this level of
increase. He summarized the changes that would be made over the next five years.
Jim Ritchie made reference to the regional rail program and the New Start process. He
said that the Metropolitan Planning Organization was now redoing their long-range transportation
plan. He summarized the New Start Process that includes along-range plan, a major investment
study, preliminary engineering and an environmental impact statement, FTA project oversight
initialization, final design, full funding grant agreement, construction, and start up. He said that
TTA does now have sufficient funds to build the first phase of this project. TTA expects to have
construction of a first minimum operable segment from Ninth Street to Boylan Junction in 2007 and
to North Raleigh and Duke in 2009. He believes that the final costs will be close to 600 million
dollars. TTA will have to raise 385 million dollars in federal funds, 193 million dollars in state funds,
and 193 million dollars from regional rental vehicle tax dollars and debt. He said that the financial
consultants believe that TTA has the financial capacity to build this project and to raise the local
share without asking for additional dollars from the local government partners. There are already
20 million dollars of state funds committed for this project.
He made reference to the 15-501 major investment study and said that the second
phase would be getting underway shortly, and TTA will be asking the Board of Trustees to
appropriate $187,000.
Commissioner Gordan made reference to the letter the Commissioners sent to the TTA
requesting planning to be done for phase two and beyond of the 15-501 project. She asked Jim
Ritchie to explain to the Board what the TTA is recommending and what the Board of Trustees is
willing to support.
Jim Ritchie said that there was a full planning staff that is working to move forward the
first phase of the project, but there are also substantial funds set aside for the second phase. He
said that TTA has contacted each of the Managers and the Planning Directors of the governmental
jurisdictions in Orange County and asked them to meet with TTA to understand what the scope of
planning work needs to be.
Commissioner Gordon called to the attention of the Board the significance of the high-
speed rail corridor. She said that if the high-speed corridor goes through Orange County, there
would be no stop in Orange County. She would like the staff to track this because it has
complicated the TTA work.
Jim Ritchie said that the high-speed rail project has cost TTA at least a year in the
development process. He said that there could be significant impacts far Orange County. He
painted out that the state was very early in the planning process and will identify areas of concern.
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION
The County Commissioners were to ga into closed session "To consider the qualifications,
competence, performance, character, fitness, conditions of appointment, or conditions of initial
employment of an individual public officer or employee or prospective public officer or employee;
NCGS § 143-318.11 {a}(6}. However, because of a lack of time, this item was postponed.
13. ADJOURNMENT
With no further items to come before the Board a motion was made by Commissioner
Halkiotis seconded by, Commissioner Gordon to adjourn the meeting. The next meeting is
scheduled for May 22, 2000 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North
Carolina.
Moses Carey, Jr., Chair
Beverly A. Blythe, CMC