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HomeMy WebLinkAboutMinutes - 19781219~__...._......,..... T ._,~.._..~.~.___........_._.......,...__..:_,__..,~~Y,~>_.u__._~.._._ :...~u....._,,...,,..µ~,.._.:.. ~~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS DECEMBER 19, 1978 The Board of County Commissioners met in regular session on Tuesday, December 19, 1978, at 7:30 p.m., in the Chapel Hill-Carrboro Multipurpose Center, i n Chapel Hill, North Carolina. Y Members present: Commissioners Richard Whitted, Norman Gustaveson, Don Willhait, Anne Barnes and Norman Walker. Commissioner Whit ted opened the meeting by asking if any Board member or person in th e audience wished to add additional items to the agenda. The following items were added to the agenda: Agenda Item 6: Clyde H. Bowden Subdivision Agenda Item 5C: Appointment to Hyconeechee Library Board Agenda Item 7: Items Relating to Intergovernmental Relations Agenda Item 8: Discussion-Municipal 5uppart for Recreation Agenda Item 9: Item on Rules and Procedures Agenda Item 10: Request for Planning Services from Town of Hillsborough Agenda Ttem 11: Planning Technician Agenda Item 12: Office Space for Resident Judge Agenda Item 13: Executive Session Agenda Item 2: public Hearing Concerning Proposed Conve ante of a Portion of Plarthside 5c oo Pro erty tv C a el Hil Housin • Aut ority Commissioner Whitted said the purpose of .the public hearing was to receive input from residents in the Northside area concerning the proposed conveyance. Mr. John McAdams, of Rvse, Pridgen and Freemon, told the audience the Chapel Hill Housing Authority's proposed building was approximately 5,000 square feet ands was to be located on the southern most side of the Northside School property on an area 120 feet by 300 to feet, with a parking lot on the west side of the building. Caldwell Street Extension is proposed to be extended to Mitchell Lane - where School Lane is no!v. A__ . ~ .. ~ ... ........... .. .. ~._r__Y.._. __-_~--..,__...........~....._.~.~.....~.-.,....._,..---.._..._..._..._...... , ~._...... -..... ~.~..._~-......._.__...._..-..,__~. ', Ar F Mr. Ted Parrish, Chairman of the Chapel Hill Housing Authority, said the Authority offices are now in two buildings and he was very happy ab'aut the proposed building. Ms. Gotha Lassiter expressed concern that the Northside parking facilities would be used by the Housing Authority. Mr. McAdams said 14 parking spaces were provided the Housing Authority but that would not accommodate all the cars at the proposed building at -~ all- times. Commissioner Whitted said, hopefully, there will be additional spaces at Northside as part of the Mental Health complex in the spring. Mr. James Britton, a member of the audience, asked whether the road behind the rock wall would be the entrance to Mitchell Lane. Mr. McAdams said the proposed Caldwell Street Extension will eventually extend to Mitchell Lane and will not connect McMasters and the parking lot. There being no further discussion, Commissioner Whitted proposed the Board consider questions raised and discussed and schedule action on _... Northside School property at the January 2nd meeting. Agenda Item 6: Clyde H. BrnNden Subdivision The Planning Director said this is a major subdivision which the Planning Board unanimously approved located along State Road 1946 in Chapel Hill Township. Approval of Phase II consists of eight lots which recieved preliminary approval on March 7, 1977 and which expired one ,year from that date. The subdivision will have individual wells and septic tanks. There are two intermittent streams an the property. The development is two miles from University Lake and drains into Neville Creek, which feeds. into University Lake. All eight lots are two acres or more and are exempt 4' from detention pond requirements. Lot 5 contains a quarter acre pond. Lots 6 through 9 and part of lot 5 drain into this pond. The pond will serve as an effective settling pond for sediment during and after construction. The planning staff has determined this subdivision will have no major impact on University Lake. He said a management study is needed to make rational decisions about methods used in developing watersheds. ~~~ ~~~ Commissioner Willhoit said approval in March of 1977 was prior to the soil absorption act. He asked whether Mr. Bowden was required to adhere to new zoning and subdivision ordinances before reapproval. He asked whether the Health Department gave reapproval. He also questioned when the mobile home park would be rezoned. Mr. Polatty said Mr. Bowden did comply with subdivision and zoning ordinance requirements. Mr. Bowden said the Health Department reapproved his subdivision in August or September of this year. He said the mobile home park consists of 11 mobile homes - approximately one for each half acre - and has not yet been rezoned. Commissioner Gustaveson moved, seconded by Commissioner Walker, to adopt the Planning Board's recommendation to approve Mr. Clyde H. Bowden's major subdivision. Vote: ayes, Commissioners Barnes, Gustaveson, Walker and Whitted; noes, Commissioner Willhoit. Commissioner Barnes said she would support this request because it apparently met current regulations regarding subdividing, health and soil erosion. She felt the methods for approaching development in watershed areas and current criteria and guidelines inadequate to protect watershed areas and a high priority item for coming months. Mr. Polatty assured Commissioner Barnes this item Was on the planning work program. Agenda Item 3: Report on Section_8 Housing Authority ?rogram Mrs. Mary Dobelstein, Manager of Section 8 Program, explained the purpose of the program was to help provide sanitary and safe housing for low income families. The program has been in operation in Orange Gounty since November of 1976. Presently, there are funds to help 310 families; we are helping 224 families and there are 5p families looking for housing. The program has spent $385,908 helping families pay rent and $24,720 helping families pay utilities. The program pays all the rent and helps pay utilities for approximately one-third of the families in the program and pays a nortion of the rent and no utilities for the other two-thirds. The HUD formula requires families to pay one-fourth of their income for rent. Recently, ~.. _ . I f i ~~~~ fair market rent was increased in Chapel Hi11 and Carrboro ~o that we can allow $250 for a two bedroom unit including utilities. She said they hoped to have 310 in leased units by pecember 31st but they would probably have only 250 families in leased units by that time. Mrs. Dobelstei° said the audit report in August painted out the program was under-staffed and she hoped to have that problem corrected by the end of February. Commissioner Whitted asked whether the staff shortage was the reason for not utilizing the funding for 310 families. Mrs. Dobelstein said that it was. She said the management revievr suggested combining a bookkeepers position with one who could help in housing and hiring a fiull-time director. She said the full-time director was hired on November 1, 1978 and the bookkeeping-housing position was not yet filled. Commissioner Whitted said of the 836 who applied, 794 are eligible to participate and 250 of these will have housing by the end of the year. Mrs. Dobelstein explained there is a shortage of housing units available- 5he said there were 126 landlords who participated in the program. She said Bobby Roberts refused to allow his apartment projects to participate. Commissioner Willhoit suggested contacting the new owner of the Old Well apartments in Chapel Hill. Commissioner Gustaveson asked whether some jurisdictions were tighter than others. Mrs. Dobelstein said Chapel Hill was tight but that programs were increasing gradually in tie county. Commissioner Whitted asked the results of the audit. Mrs. Dobelstein said they conducted a utility review. They used HUD prescribed consumption allowance so utility rates will change only when actual rates change. l She said the program was behind in issuing certificates and there was a shortage of staff. Mr. Ted Parrish said the numbers speak for themselves for persons who have current certificates but are unable to lease units. He said over the last six years, the number of lower income children have decreased in schools by 25 percent. Commissioner Willhoit felt this would be a good issue for OCPC to consider. ~~~ , Agenda Item 4: Sunshine Acres Petition in Objection to Triangle Cremation Service Expansion Dr. Marvin Neilson, representative of the property owners of Sunshine Acres, said the property in question is located one mile outside the town limits of Hillsborough. Triangle Cremation Service plans to build a crematory or incinerator at the end of Oakdale Drive. Residents of this area have the following objections: 1) commercial venture being constructed in a residential area, 2) damage to the road which is maintained by - residents, 3) offensive odors and smoke given off by present incinerator and 4) the burning of human waste. For copy of the petition submitted by property owners, see page of this book. The Reverend Odell Link from the ~Jesleyan Methodist Church also submitted a petition to the Commissioners and offered his support to the residents' petition. He said the church awned 10 acres located at the end of Oakdale Drive and paid for the road to be paved to the church property. The proposed crematory site is loca~ed directly in front of the church property. The church objects to the expansion of Triangle Cremation Service for the following reasons:" 1) The crematory site is directly in front of the proposed church building site. The cost of construction the new church facility will be in excess of $175,000. 2) The church selected this site because it was zoned residential. 3) The church members abject to the existing pollution in the form of smoke and odor from Triangle Cremation Services. For copy of the petition submitted by church members, see page 8 3 7 of this book. Gommissioner Wi1lhoit said this is a good example of the benefit of zoning. Commissioner Whitted asked whether the property was located within the one mile extraterritorial zoning jurisdiction of the Town of Hillsborough. Mr. Horace Johnson, member of the Hillsborough Town Board, said this area is included in the extraterritorial mile and is zoned residential- He suggested the property owners arrange to be on the agenda of the Town Board and present objections to Hillsborough Planning Board. r. _ - T 1~ ' ~ +5M t f R f i The Planning Director said Triangle Services was issued a building permit on December 11, 1978. He said no effective zoning or subdivision ordinance exists in the extraterritorial area. Zoning is in limbo until the Town surveys the area. Commissioner Whitted asked what would prevent Triangle Services from constructing a building and operating a commercial venture. The Planning Director said Triangle has received a permit from the State Department of Transportation for access to the road and has received an air pollution permit from the State Department of Natural Resources and Community Development. There is a possibility Triangle might need another inspection for air pollution but they seem to have all the permits needed fqr that area. The County Manager asked what the Town of Hillsborough was doing to try to effect zoning in the extraterritorial area. The Planning Director Said the Town has drawn a circle around Hillsborough defining the extra- territorial area but they have not surveyed that area. He said he thought there were some budgetary problems. Commissioner Gustaveson said he hoped the Hillsborough Township Advisory Council would push the Planning Board and the Commissioners to get the township zoned. He felt this type situation was a good example of why Hillsborough needed zoning. He said zoning would prevent future commercial ventures from destroying residential property values. Commissioner ldalker said there is no vehicle via Town of Hillsborough or Orange County to stop Triangle. He suggested the group meet with the owner of Triangle and let him know construction is not desirable in the community. Mr. Larry Talbert asked whether the Commissioners could temporarily rescind the building permit until further study was made. Commissioner Walker said if the building meets qualifications, neither the Town nor -- the County has authority.to rescind the permit. He asked the Planning Director what information was gathered at the time the applicant applied for the permit. The Planning Director said the applicant had to prove he had a suitable lot under subdivision regulations, apply for a permit and pay the fee. e, ~ ~28 .~ ~ e The applicant had to conform to state building codes and other ordinances, which he did. The Gounty Attorney said if there is nu zoning in this area, there is no power to stop construction. He said this situation was not desirable but it was 'not illegal. He said the residents might have private civil recourse if the actual operation becomes a nuisance. Commissioner Whitted asked whether the Orange County Planning Department was issuing building permits for extraterritorial property within the Town of Hillsborough. The planning Director explained Orange County issued building permits in any unzoned township. He said the county has an intergovernmental agreement with the Town of Hillsborough. He said if the Town had a planning department and an inspections officer, the ,Town could issue permits. ,. Commissioner Whitted said the building permit has been issued and there is no legal basis to rescind the permit. He said he would have the Pi anning Staff re-check the permit, but he agreed with Commissioner Walker's suggestion of appealing to the owner. The Planning Director said he was awaiting a call from the Environmental Management Commission about this venture. Mr. Don Griffin, a member of the audience, said he was not aware he was moving into a commercial area. He said the road is a mud hole when wet and a dust bowl when dry. He said residents did not know what would be burnt or what contaminants would go into the air. He expressed his concern from a health standpoint. He suggested rechecking perk tests on this property, as some lots in the area would not perk. He said this one building will not produce the tax base additional lots and future residential homes would produce. Commissioner Whitted said the Planning Staff would get a report from EPA, check with the Health Department and recheck the building permit, Mr. Robert Stevens asked how he could help implement zoning in the area. Commissioner Whitted said the Commissioners Were working on a plan to get the present ordinance extended to Hillsborough, Cheeks and Bingham townships. He said the Town of Hillsborough needed to complete their plan so they could exercise zoning jurisdiction. ~~ i •+P ~~9 Commissioner Willhoit suggested getting involved in the township advisory council. The Planning Director said advisory council meets an the second Tuesday of each month at 7:30 p. m., at Cameron Park Elementary. He said all the public is invited and offered to place names on the mailing list. The County Attorney said when zoning is implemented., Triangle Services would come in as non-conforming. He said possibly, after allowing it to exist for a certain length of time, they could be required to dismantle the building. Mr. Calernan suggested checking the status of the road. He said if the road were not a publicly dedicated road, the private owners have the right to say who may use the road. Someone would have to give Triangle an easement to use the road or Triangle would not have access. Agenda Item 5A: Appointments to Nursing Home Advisory Committee Commissioner Gustaveson moved, seconded by Commissioner Barnes, to appoint Mrs. Faye D. Pickard and Ms. Margaret Hudson, the two nominees of nursing home administ<ators, to the Nursing Home Advisory .Committee. Vote: ayes, 5; noes, 0. Mr. Curtis C. Tyler, Jr. from Hillsborough, Mr. Bernard Segal from Carrboro, and Mrs. Grace T. Richarson from Chapel Hi11 were nominated by the Board. There being no further nominations, Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to appoint Mr. Curtis C. Tyler, Jr., Mr. Bernard Segal and Mrs. Grace T. Richardson to the Nursing Home Advisory Committee. Vote: ayes, 5; noes, 0. Agenda Item 5B: Appointment to Council on A~ing Commissioner Willhoit moved, seconded by Commissioner Barnes, to appoint Mrs. Alice T. McAdoo to serve on the`Council on Aging. Vote: ayes, 5; noes, 0. Agenda Item 5C: Vacancy on~~coneechee,Library Board . Commissioner Gustaveson asked the staff to publicize the vacancy and request resumes. Commissioner Whitted said nominees should live within the service area of Hyconeechee Library. Commissioner Willhoit requested a letter be written to Carrboro Aldermen advising them we are seeking nominations. He said he understood there was a void in representation from the southwestern part of the county. 4 i E i E I i i ~? c ~ a Agenda Ttem 1D: Request b Town of Hillsborou h for Oran a Count Plannin Services The Planning Director said Orange Gounty has expertise in community development to assist Hillsborough serve county citizens and change the Fairview area. Orange County's CD grant will be running out the middle of the year and we will not be able to get another one for approximately one year. We could use skills assisting Hillsborough that we would need one year later to finish northern Fairview. The Planning Director estimated it would take 20 man days to complete the performance report and 5 to 10 man days to complete the preapplication. Mr. Horace Johnson from the Town of Hillsborough said the Town needs expertise to help with the performance report and the proposed preapplication for the GD grant. He said the Town has proposed to pay for 20 man days necessary to complete the work. He said the work should have been completed by June of last year. He said he hoped the county and the Town could work together in getting community development funds to help an area that needs help. The Gounty Manager asked how much time would be involved in completing the performance report. The Planning Director said a maximum of 5 man days would be required to complete the performance report and 5 to 15 man days to complete preapplication. Commissioner Whitted asked whether Mr. Johnson thought the county planners could wrap up the project. Mr. Johnson said $61,000 has been spent already and it is estimated $17,000 to $40,DOD more needs to be spent. The Town auditor recommended closing this out and using Town water and sewer funds. He said the Town has to close out the performance. re port before applying for funds. Commissioner Whitted said he understood the entire project was not complete but the Town was trying to close out HUD funds and begin using Town revenue. Bryan Benson of the Planning Department said he has looked at the performance report and he believes it can be wrapped up briefly. He said the performance report required statements and findings of the recommended goals in the original grant. The °lanning Director said there will be a slow up in the staff's work during the holidays. The staff does not have an official work program yet. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to grant the Town of Hillsborough's request far assistance of Orange County Planning Staff, as set forth in Mayor Williams' letter. The Town of Hillsborough will reimburse the County for these services. Vote: ayes, 5; noes, 0. Commissioner Whitted asked whether Mayor Williams` letter was sufficient in setting'farth liabilities and responsibilities. Commissioner Gustaveson said a memorandum or letter of agreement would be the responsibility of the County Manager. The County Manager asked the definition of scope or area of the possible Hillsborough Community Development application. Mr. Johnson said the preapplication will cover southern Fairview, which is a part of Harding Hill and Hayes Street. He said it is not the area in which Orange County is working. The County Manager said the preapplication has to be filed by the 22nd of January. The County Attorney said cost information should be set forth in a letter of understanding. The County Manager said the County would need to look into the cost per day figure. Agenda Item 7: Intergovernmental_Rel_ations Commissioner Willhoit said he would like to invite the Town of Carrboro to meet with the Commissioners concerning OCPC, recreation, watershed R protection, planning and other items of mutual concern. Commissioner Gustaveson said he would not like to set a date for this meeting until after the Board's work session in.Jar~uary. He felt the top priority should be the meting with the two'school boards. - Commissioner Willhoit said the schools were planning to come before the Board before we enter into budget session. Commissioner 1illhoit suggested contacting Carrboro and telling them we want to set up a meeting, but letting them select d date. _ .`~ Agenda Item 8: Clarificatiyn_of Municipal Support for Recreation ~ ~ ~~ Commissioner Barnes said there was some discussion about the nature of allocation of mutual support to the towns. Commissioner Barnes checked the minutes of the June 8, 1978 meeting and made the following motion: Commissioner Barnes, seconded by Commissioner Willhoit, moved the Board send a letter i:o Chapel Hill and Carrboro including the following: 1) nature of the allocation, which is npn-categorical, to be used fior' town recreation programs at the discretion of the towns; 2) request an accounting be kept on what amounts are expended on which programs; 3) status of the allocation, which is the original amount, plus carry over, minus expenditures made, including present balance; 4) suggested arrangement for transfer of balance to towns so that there is no misunderstanding. Commissioner Gustaveson said in order to make the program workable, funds had to be allocated for staff. He said there was money for staff time included in the request to keep the gyms open. Commissioner Willhoit said he thought the Board agreed it would 6e better not to make categorical allocations but to give the intent of the allocation. Commissioner Gustaveson said, then, we need to think of a new formula to allocate funds to Chapel Hi11 and Carrboro. He felt details were worked out clearly with Chapels Hill and Carrboro to utilize school facilities. Commissioner Willhoit said the intent was to provide equity in municipal areas. This one specific thing we could fund. Commissioner Barnes said if the request was for $65,Op0 for gym rental and the Board knew there was a carry over and knew this would create a surplus, she would have tv base her understanding of the allocation upon the recorded June 8th minutes, which gives the towns authority to use the money as they see fit. ~. ~~~ i Commissioner Whi~'ted said the basis of the appropriation was to provide facilities so in-town and aut~af-town residents could use facilities without additional charge. The towns needed staff to maintain the gyms. He felt it should be expressed.to the towns the intent of the Board was to maintain facilities so the towns would not be able to close the gyms and use the funds solely at their discretions. Commissioner Barnes said the minutes say, "as they see fit". She said we can include our first priority has been to make school facilities available but we should make it clear funds can be used for other purposes also. Commissioner Walker said he has always been opposed to municipal support but when the Board found out there was a $10,000 carry over, the Board decided to give the towns the carry over money. He said his recollection corresponds with the minutes in that the Board decided the towns could do anything with the money. Commissioner Gustaveson said the first year dial not include assistance to cover staffing to keep the gyms open, but there was a feeling an additional amount was needed to cover staffing. Tf this allocation is an open gift, the money might go to something other than keeping the gyms open, which has been a very successful program. Commissioner Whitted said the Board could communicate the four points Commissioner Barnes requested and indicate our priority to naintain the facilities. He said this would apply to this year's appropriation and we reconsider next year's appropriation. Commissioner Walker asked whether the towns could use the money as they saw fit. Commissioner Whitted said the towns can vse the money. They should keep gyms open and, if they have a $10,D00 carry over, they should be able to utilize the funds. Commissioner l+lillhoit said the towns presented us with a list of recreational needs. He said he did not realize the Board limited the funds to gym facilities. The Finance Director asked whether this included finding for capital items and operating expenses in the original request. ~S ~ f Commissioner Walker asked whether the Finance Director could determine whether to pay bills or not if the motion passed. The Finance Director said some arrangement could be worked out with the finance director of the town which would be brought back to the Board y for approval. Commissioner Whitted said he would like to qualify the use of funds to program items and not open up the area of capital expenditures. Commissioner Willhoit said he agreed. The Finance Director said the original request for Chapel Hill included the following: 8,000 hours for facility use totalling $33,600 Utility charge for facility use 20,000 Custodial Charge 2,520 Facilities security, repairs & phone 3,000 North Carolina Botanical Garden 12,700 Therapeutic Program 7,865 Community Theater 2,000 Capital Equipment 9,315 Total $91,000 The original request for Carrboro included the following: 2,850 hours for facility use totalling $11,400 Utility charge for facility use 7,125 Custodial Charge 1,969 Facilities security, repairs charge 1,000 Facilities program salary & benefits 10,921 General program supplies 4,407 Mobile Playground units __ 2,178.. Total $39,000 The Finance Director said the total appropriation started at $65,000 and totalled $83,261 at the end of the last meeting. Of this amount, $58,283 went to Chapel Hill and $24,978 went to Carrboro. Commissioner Gustaveson moved to table this issue to give the Board members a chance to prepare far further discussion at the January 2nd meeting. Motion died for lack of a second. Commissioner Whitted said the Botanical Garden Was. one of the line items the Board decided not to fund. He suggested restricting the appropriation to no capital expenditures and no community theater or botanical garden. r k. ~ .~J Commissioner Barnes said this creates a surplus that cannot be used except for facilities. She said the question to be resolved was whether the appropriation was categorical or not - is the appropiration to be used for recreation programs support in municipalities or for recreation support to municipalities in keeping school facilities available. She said the intent of her motion is to make it clear to the towns that the allocation is non-categorical and funds are available tv them on that basis. Commissioner idhitted asked Commissioner Barnes whether she wanted to amend the motion to add restrictions. Commissioner Barnes said that would make the motion unnecessary. The vote on the motion was: ayes, Commissioners Walker, Willhoit and Barnes; noes, Commissioners Whined and Gustaveson. Commissioner ldalker said he did not support municipal support but had voted for the motion to clear up a decision that was made at budget time. Agenda Item 9: Ttems on Rules and Procedures -~- Commissioner Barnes presented copies of a publication the Institute of Government published for commissioners adaptation. She requested this item 6e placed on the January 2nd agenda. Agenda Ttem 11: Planning Technician Commissioner Willhoit moved, seconded by Commissioner Walker, to convert a CETA position vacated by a resignation of an employee to a Planning Technician at grade 591 for the six months of 78-79 budget at a salary of $4,524 plus fringe benefits of $704, which would total $5,228 and for.1979-80 budget at a salary of $9,048 plus fringe benefits of $1,408 which would total $10,456. Vote: ayes 5; noes, 0. ~ Agenda Item 12: Office Space for Resident Judge Commissioner Whitted said the County Manager and he had met with .Judge Battle two weeks ago with the intention of finding adequate office space across the street from the courthouse but the owner wanted a 10 year lease and high rental and the county would have to install heating and air conditioning. _ ~-#~. k i The County Manager said he talked with Judge Battle and told him the space was not feasible. He told the Judge there was an office one block away the county could rent for approximately $350 per month. The county would have to. install some partitions inside the building. The Judge accepts this space as second choice. The county can rent this space if the Board wishes to make the appropriation. The County Manager said, in theory, it is the duty of the county to provide these offices out of the facilities fund. He said the county is also required to buy the ' furniture in the facility. He said the space is large enough for the district attorney's office also. He said the reason the county has not been called on before to provide space is because the county has never had a resident judge. The County Attorney suggested asking Chatham County to provide some of the expense since it is a two-county district and the judge wants to have his office in Orange County. Commissioner Walker moved, seconded by Commissioner Gustaveson, to authorize the County Manager to proceed in securing office space for the Resident District Court Judge and the District Attorney in Orange , County. Vote: ayes, 5; noes, 0. Agenda Item 13: Executive Session Commissioner Willhoit moved, seconded by Commissioner Gustaveson, the Board move into executive session to discuss a personnel matter. Vote: ayes, 5; noes, 0. There being no further business to come before the Board, the meeting was adjourned. Richard Whitted, Chairman Mary Lou Bouley, Clerk