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HomeMy WebLinkAboutMinutes - 19900108 PAGE 1 APPROVED 2/5/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 8, 1990 The Orange County Board of Commissioners met in regular session on January 8, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Ellen Liston, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pam Jones, Department on Aging Director Jerry Passmore, Planners Emily Crudup and Mary Scearbo. NOTE: Copies of all documents referred to in these minutes are in the permanent agenda file in the Clerk's Office. A. BOARD AND MANAGERS COMMENTS Chairman Carey announced that a special meeting will be held on Thursday, January 18 in the meeting room at the American Health Association building for further discussion on the Rural Character Report. The next regular meeting of the Board of Commissioners will be held on Tuesday, January 23 at 7:30 in the courtroom of the old Post Office in Chapel Hill. County Manager John Link announced that the County received an official notice that they have been awarded 2-1/4 million dollars for Culbreth Park. A press release will be sent out to the news media on how this proposal was put together. Commissioner Halkiotis noted he received several calls about the highway 54 area. Citizens in that area are under the impression that the County is going to have a program where as soon as any person sells land on which there is a stream or creek flowing, the stream or creek and a certain portion of the land on both sides will revert to the County as a public right-of-way. He stated that if this is part of the County's agenda, that he does not endorse it. B. PUBLIC COMMENTS 1. Matters on the Printed Agenda None 2. Matters not on the Printed Agenda None C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the December 19, 1989 minutes as amended. VOTE: UNANIMOUS. PAGE 2 PUBLIC CHARGE Chairman Carey read the public charge D. RESOLUTIONS OR PROCLAMATIONS - NONE E. REPORTS - NONE F. ITEMS FOR DECISION = CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: 1. CONTRACT AWARD - TELECOMMUNICATIONS EQUIPMENT To award and authorize the Chair to sign a contract with Centel for a telecommunications system for a sum of $366,509.75 and award a contract for existing cable owned by Centel for a sum of $11,155.00 2. BUDGET ORDINANCE AMENDMENT #6 To approve an amendment to the 1989-90 Budget Ordinance as stated below: GENERAL FUND Source - Intergovernmental $ 17,458 Appropriation - Contributions to Outside Agencies 17,458 (To budget for Grassroots Grant from the North Carolina Arts Council) . Source - Intergovernmental 71,584 Appropriation - Human Services 71,584 (To budget for additional Child Day Care funding) Source - Intergovernmental $ 15,054 Appropriation - Human Services 15,054 (To budget for additional Health Department funding) Source - Intergovernmental $ 10,180 Appropriation - Human Services 10,180 (To budget for Medicaid reimb. for the Dept. on Aging) . Source - Intergovernmental $ 18,948 Appropriation - Human Services 18,948 (To budget for NCDOT grant awarded to Dept. on Aging) . Source - Intergovernmental $ 31,745 Appropriation - Human Services 31,745 (To budget for state grants awarded to Department on Aging) . 3. GRANT PROJECT ORDINANCE AMENDMENT - SECTIONYPROGRAM GRANT 1989 To approve a 1989 Section 8 Program Grant Project Ordinance amendment as stated below: GRANT PROJECT ORDINANCE AMENDMENT SECTION 8 PROGRAM GRANT - 1989 Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the ordinance adopting the "Section 8 Program Grant - 1989 Grant Project" is hereby amended as follows: SECTION 1. Section 3 of the above mentioned ordinance is amended to read as follows: Existing $1,593,629 PAGE 3 Moderate Rehab 257,848 Voucher 90.273 Total Revenues $1,941,750 SECTION 2. Section 4 of the above mentioned ordinance is amended to read as follows: Rental Assistance - Existing $1,507,926] Rental Assistance - Mod Rehab 236,388 Rental Assistance - Voucher 90,273 Administration - Existing 85,703 Administration - Mod Rehab 21,460 Total Appropriations $1,941,750 4. REMAPPING CAPITAL PROJECT ORDINANCE AMENDMENT To approve the capital project ordinance amendment for the remapping capital project as stated below: REMAPPING PROJECT CAPITAL PROJECTS ORDINANCE AMENDMENT Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the ordinance adopting the "Remapping Project" is hereby amended as follows: SECTION 1. Section 3 of the above mentioned ordinance is amended to read as follows: Transfer from General Fund $ 119,946 Transfer from County Capital Reserve 353,021 State Grant 72,419 Charges for Services 57,195 Miscellaneous 3.905 TOTAL REVENUES $ 606,486 SECTION 2. Section 4 of the above mentioned ordinance is amended to read as follows: Remapping Project $ 606.486 TOTAL APPROPRIATIONS $ 606,486 5. PUBLIC HEARING ON CAPITAL IMPROVEMENT PLAN FOR 1990-95 To approve setting a public hearing for February 5, 1990 at 7:30 in the Old Courthouse, Hillsborough for the purpose of receiving comments from Orange County citizens concerning the proposed Capital Improvement Plan for 1990-95. 6. CONTRACT AWARD - RENCHER STREET CDBG PUBLIC FACILITIES IMPROVEMENTS To approve and authorize the Chair to sign the Public Facilities Improvement Contract with Billings and Garrett in the amount of $282,083 contingent upon staff and attorney review. 7. SUBDIVISION REGULATIONS TEXT AMENDMENT = DEFINITIONS To approve an amendment to Section II of the Subdivision Regulations as presented which will add language to the definition of "subdivision" to be more consistent with State enabling legislation and to clarify standards for lots resulting from the combination or recombination of existing lots. PAGE 4 8. SUBDIVISION REGULATIONS TEXT AMENDMENT = PRELIMINARY PLAT REVIEW PROCEDURES To approve an amendment to Section III-D-2-c/d of the Subdivision Regulations to establish a minimum time period within which recommendations from the Planning Board will be transmitted to the Board of County Commissioners. Amendment shall read as follows: "The Board of Commissioners shall receive the Planning Department's report and the Planning Board's recommendation within forty-five (45) days of the Planning Board meeting at which time the application is forwarded to the Commissioners. The Board of Commissioners shall take action on the proposal within forty-five (45) days of the close of the County Commissioners meeting at which the Planning Board's recommendation is submitted to it." 9. RIGHT-OF-WAY AGREEMENT To approve and authorize the Chair to sign this agreement which will allow Duke Power Company access and use of the described property for transporting electricity and communications purposes. VOTE: UNANIMOUS. G. ITEMS FOR DECISION = REGULAR AGENDA 1. SUBDIVISION REGULATIONS TEXT AMENDMENT - PRELIMINARY PLAT APPROVAL This proposed amendment will authorize the Board of County Commissioners to amend, at its discretion, the phasing plans of major subdivisions. The new text will list the factors which must be considered when an applicant requests an amendment to a phasing plan. The proposed addition to Section III-D-2-e will provide a remedy for development plans on which the 12-month time limit has expired or is about to expire. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the amendment as presented at the November 27, 1989 public hearing and as amended by the County Attorney. VOTE: UNANIMOUS. 2. WYNDSONG = PRELIMINARY PLAN The property is located off the north side of Davis Road in Chapel Hill Township. The property is zoned R-1 and PW-II. Fifteen lots are proposed out of 50.5 acres. There will be 14.60 acres proposed for common land. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the resolution for the preliminary plan for Wyndsong as presented. VOTE: UNANIMOUS. 3. PROPOSED TEXT AMENDMENTS - WETLANDS PERMITS The proposed amendments would add a new Article 6.19 to the Zoning Ordinance and a new Section IV-B-11 to the Subdivision Regulations, serving as notification to anyone who may be planning construction/filling activities. It is the responsibility of the Corps of Engineers to identify the wetland jurisdiction limits and discuss the need for, and availability of, Federal permits. Commissioner Halkiotis questioned the language in Section IV-B-11 which states "Federal permit authorization may be required from the U.S. Army Corps of Engineers prior to commencement of . . ." Marvin Collins explained that if any of these activities (construction of road crossings, sewer or utility line installations, grading, placement of soil from ditching or other excavations) are not disturbing the wetlands, then a 404 permit would not be required. The only time it would be required is when any of these activities directly affect the wetlands. It was decided to reword this amendment to show that the Army Corps of Engineers may require the permit PAGE 5 and not the County. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the proposed amendments as presented at the November 27, 1989 public hearing with the amendment as stated above. VOTE: UNANIMOUS. 4. PROPOSED TEXT AMENDMENT _ SPECIAL USES The proposed amendment to the Zoning Ordinance would clarify the intent of Articles 8.2.1 and 8.2.2 in regard to the findings required for approval of Special Uses. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the proposed amendment as presented at the November 27, 1989 public hearing. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were duly approved by the Board: BOARD OF HEALTH - Carole Stemkowski (To fill unexpired term of the veterinarian) . EMERGENCY RESPONSE PLANNING COMMITTEE - Joseph H. Robertson and Chief Robert Swiger NURSING HOME COMMUNITY ADVISORY COMMITTEE - Dr. Marvin J. Block ORANGE COUNTY BOARD OF ADJUSTMENT - Karen Barrows I. ADJOURNMENT With no further items to be considered, Chair Carey adjourned the meeting. The next regular meeting will be held on January 23, 1990 at 7:30 in the Courtroom of the Post Office in Chapel Hill. Moses Carey, Jr. Chair Beverly A. Blythe, Clerk