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HomeMy WebLinkAboutMinutes - 199511011 APPROVED 1/16/96 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, NOVEMBER 1, 1995 The Orange County Board of Commissioners met in regular session on Wednesday, November 1, 1995 at 7:30 p.m. in the cafeteria of the Northern Recreation Center in Cedar Grove, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. And Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe (all other staff will be listed as appropriate) I. ADDITIONS OR CHANGES TO THE AGENDA - NONE II. AUDIENCE COMMENTS - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Halkiotis thanked the Board for approving a resolution at the last meeting for Crystal Overcash. He mentioned that the fundraising events were successful. He also praised Wilbert McAdoo for the improvements to the Northern Recreation Center. IV. COUNTY MANAGER'S REPORT John Link received a request from the Hillsborough downtown merchants to plant a tree on the courthouse lawn in downtown Hillsborough. This tree would be decorated for Christmas with small lights. The Manager recommended that this tree be planted on the southeast corner of the Old Courthouse lawn. V. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO UTILIZE THE LANDFILL RESERVE FUND TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT John Link presented for consideration of approval a resolution approving the purchase of the 14.4 acre Neville Tract by the Town of Chapel Hill on behalf of the Landfill Owner's Group member governments. The adjacent landowners and members from the Landfill Owners' Group have reached an agreement on the use of this property. A commitment was made 2 to the adjacent landowners that this property would not be used for future solid waste activities including landfill. Commissioner Gordon referred to the "memorandum of agreement" which reflected discussions between a LOG negotiating team and community representatives living near the Neville tract. This document states twenty-two issues which are still to be resolved. She questioned why the proposed solution to one of these issues would preclude using the Greene tract as a landfill site. She believes that we agreed at the most recent Assembly of Governments meeting to delay making that decision until the County sites a new landfill. If site 17 cannot be used and if none of the other three sites can be used, then at least portions of the Greene tract might be needed. She noted that the reason this property cannot be used as a future landfill site is the airport and that use may change. She stated that whether the Greene tract is a desirable future landfill site or is not, it is premature to exclude it from consideration at this time. Commissioner Willhoit noted that there is now a 300 foot buffer requirement for landfill sites and that would leave very little fill area for the Greene tract. Also, on the upper part of this property there is a lot of rock. He stated that during negotiations with the adjoining property owners on the purchase of the Neville tract, the main issue was the use of the Greene tract. Commissioner Gordon questioned why this information was not brought up at the Assembly of Governments meeting. Commissioner Willhoit said that negotiations were not far enough along at that point. Commissioner Crowther said that what he heard at the Assembly of Governments meeting was that the participants agreed to (1) site the landfill, (2) make a decision on the Greene tract and (3) consider that Northwest Area Plan, in that sequential order. Commissioner Willhoit said that what they are doing is proposing to exclude a particular use of that tract, namely, its use as a landfill. Commissioner Gordon pointed out that the decision at this fall's meeting of the Assembly of Governments was just as Commissioner Crowther had stated, and deviation from this agreement now is therefore unwarranted. A motion was made by Commissioner Halkiotis to approve the resolution authorizing the purchase of the Neville tract. Commissioner Willhoit seconded the motion to approve the resolution as stated below: VOTE: AYES, 3; NOS, 2 (Commissioners Crowther and Gordon) ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO UTILIZE THE LANDFILL RESERVE FUND TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT WHEREAS, there is a need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and 3 WHEREAS, the public owns two tracts of land which are separated by the Neville Tract; and WHEREAS, the purchase of the property known as the Neville tract would provide for the needed soil, remove the access easement across the Greene tract, and join the 202 acre landfill site and the 168 acre Greene tract; and WHEREAS, ownership would be in proportion equal to that of the current landfill (Carrboro - 140, Chapel Hill - 430, Orange County -430); and WHEREAS, it is not the intention of the Landfill Owner's Group to use the Neville tract as a landfill or other solid waste processing facility; and WHEREAS, the Landfill Owners' Group would provide buffers between the borrow area and the adjoining privately owned property to mitigate the effects of the soil removal on the adjoining properties; and WHEREAS, the Landfill Owners' Group would develop a comprehensive site restoration plan for the borrow area; and WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total price to be determined by survey prior to closing; and WHEREAS, the Landfill Owner's Group will continue to work with the neighbors of the Neville tract to resolve twenty-two outstanding issues; and WHEREAS, it is agreed that the landfill staff will coordinate the preparation of the Special Use Permit application with a working group consisting of Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, and George Griffin, and other affected citizens as needed; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby authorize the Town of Chapel Hill, as administrator for the landfill, to use Land Reserve funds to purchase the property known as the Neville tract. BE IT FURTHER RESOLVED THAT any Special Use Permit application for this property will be proposed in accordance with the attached recommendations to the Landfill Owners' Group dated October 19, 1995. VI. SPECIAL PRESENTATIONS -NONE VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below. A. APPOINTMENTS The following appointments were made: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Joan Wall Ron Gallerani Katherine Cole Maria Gerald Nanette Tinnen Elvia Mebane 4 S. J. Freedman CHAPEL HILL/ORANGE COUNTY VISITOR'S BUREAU Raymond Strunk for a term ending December 31, 1998 Randy Marshall for a term ending December 31, 1998 B. CHANGE IN THE ARTS COMMISSION RESOLUTION This item was removed and considered after the Consent Agenda. C. ORANGE COUNTY OIL POLLUTION AND HAZARDOUS SUBSTANCES CONTROL llRTl TN~N("F. The Board adopted an ordinance that will provide the Director of Emergency Management the authority to abate or remedy the environmental discharge of oil or other hazardous substances, and to recoup the costs of cleanup from responsible parties. D. HOUSING REHABILITATION CONTRACT AWARDS The Board approved two housing rehabilitation contracts for the HOME Housing Rehabilitation Program. Dwelling Unit Bid Amount Contractor #6 $ 28,685 Taylor Home Improvements #21 $ 12,350 Taylor Home Improvements E. CHANGE IN MEETING SCHEDULE The Board officially added to their meeting calendar a special meeting for December 4, 1995 at 5:30 p.m. at the Government Services Center in Hillsborough. The meeting location for the November 27, 1995 meeting has been changed from the new County Courthouse to the Old County Courthouse in Hillsborough at 7:30 p.m. F. MEETING SCHEDULE FOR CALENDAR YEAR 1996 This item was removed and considered after the Consent Agenda. G. N. C. DEPARTMENT OF TRANSPORTATION STATE FUNDS TO SUPPORT RURAL GENERAL PUBLIC TRANSPORTATION The Board approved and authorized the Chair to sign an application for $15,111 in special state funds to promote rural public transportation and enter into an agreement with the N.C. Department of Transportation for FY95-96. H. FACILITIES USE ORDINANCE The Board adopted an ordinance regulating the use and operation of facilities owned or operated by Orange County as presented in the agenda and on file in the Ordinance Book in the Clerk's office. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA B. CHANGE IN THE ARTS COMMISSION RESOLUTION The Arts Commission which was created by resolution asked that the part of the resolution which states "no organization which is a potential recipient of county arts funding shall have on the Commission more than one person who serves on its board or staff" be deleted. 5 Tom Waldrop, Chair of the Arts Commission, explained that the purpose of this deletion is to allow those in the community who are actively involved with the arts to participate on the Commission. They want membership on this Commission to be the best qualified in the County. A motion was made by Commissioner Gordon, seconded by Chair Carey to increase the number of persons from one organization who may serve on the board from one person to two people. (The resolution is on file in the Clerk's office) VOTE: UNANIMOUS F. MEETING SCHEDULE FOR CALENDAR YEAR 1996 A motion was made by Commissioner Halkiotis, seconded by Chair Carey to approve the Board of County Commissioners meeting calendar as presented changing the location of the September 23 meeting with the school boards to a Chapel Hill location. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. ADVERTISEMENT FOR PUBLIC HEARING - NOVEMBER 27, 1995 NOTE: Report "B" (see below) was heard before this item was considered. A motion was made by Chair Carey, seconded by Commissioner Willhoit to approve the advertisement as submitted adding the item concerning flexible development proposals and changing the location of the meeting to another location to accommodate more people. VOTE: AYES, 3; NOS, 2 (Commissioners Halkiotis and Gordon) The Board decided that since they had additional questions on the Flexible Development/Open Space Preservation Strategies, they would meet to discuss the strategies and decide on the language to include in the public hearing notice right before their work session with Hillsborough on November 8, 1995. B. IMPACT FEE POLICY FOR HOUSING NON-PROFIT AGENCIES Since enactment of the County Impact Fee Ordinance, both Habitat for Humanity and Orange Community Housing Corporation have requested funds from the County to pay applicable impact fees for housing developed for low and moderate income persons. In December, 1994, the Board of Commissioners agreed to provide such funding to Habitat for Humanity. Since that time, the Orange Community Housing Corporation has asked for similar funding. In order to process these types of requests, an Administrative Policy has been developed and is included in the agenda. The effective date for the proposed policy is the beginning of the current fiscal year - July 1, 1995. There is approximately $12,064 available in the current year budget for impact fee reimbursements/appropriations. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the policy except for one change to the procedures to add a requirement that each request be placed on the Consent Agenda for Board approval. VOTE: UNANIMOUS 6 X. REPORTS A. REPORT ON THE LATIN AMERICAN COMMUNITY EDUCATION PROGRAM (LACE) Ms. Aura Camacho Maas summarized the Latin American Community Education Program. She distributed their proposed budget for this project. All information on this program is in the permanent agenda file in the Clerk's office. The Board of County Commissioners told Ms. Maas that they would take her request under advisement. B. FLEXIBLE DEVELOPMENT/OPEN SPACE PRESERVATION STRATEGIES Planning Director Marvin Collins summarized the information in the agenda on Flexible Development/Open Space Preservation Strategies. If the Board should choose to present the amendments for citizen comment at the November 27 public hearing, the hearing notice must be revised to include the proposals. Jay Zaragoza asked that the public hearing be scheduled for February to allow additional time for citizens to read and understand the strategies. Commissioner Willhoit suggested that there be three neighborhood meetings to explain the information and answer questions. He asked that affordable housing be addressed through limiting the number of square feet for houses or encouraging the village concept in areas where there is water and sewer. Commissioner Gordon felt it would be better to present the Flexible Development proposals at the February public hearing so that the citizens would have adequate time to inform themselves. She noted that the November public hearing already has a full agenda even without the flexible development proposals. She supports the informational meetings in the townships. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to take this item to public hearing in February, 1996. VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Crowther and Willhoit) A motion was made by Chair Carey, seconded by Commissioner Willhoit to take this item to public hearing on November 27, 1995. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Halkiotis) XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. CLOSED SESSION -NONE XIV . ADJOURNMENT With no further items to come before the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on November 8, 1995 at 6:00 in the Government Services Center, Hillsborough. Moses Carey, Jr. Beverly A. Blythe, Clerk