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HomeMy WebLinkAboutMinutes - 19940104 • 1 APPROVED 1/18/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 4, 1994 The Orange County Board of Commissioners met in regular session on January 4, 1994 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, Planning Director Marvin Collins, Budget Director Sally Kost, Purchasing Director Pam Jones, Planner Eddie Kirk, Commission for Women Director Lucy Lewis, Planner Mary Willis and Program Supervisor I Wilma Tinney NOTE: ALL ITEMS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey deleted from the agenda item VIII-E for Robert Earl Greene. He asked that the Board accept corrections to the minutes as distributed. An item dealing with the pyrotechnics permit was added as item IX-F. It was decided that the minutes for November 4, 1993 will be placed on the Consent Agenda for January 18, 1994. An executive session to discuss a legal matter was added to the agenda. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that those citizens who have indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. BOARD COMMENTS Commissioner Halkiotis shared with the Board some pictures of an accident that took place at the intersection of Miller Road and Highway 70 East. He also said that he has petitions with nearly 1,000 signatures asking that a full service light be placed at this intersection. Senator Lee has indicated his willingness to spend some of his discretionary funds to correct some of the problems in the County. Commissioner Halkiotis will write him and send the pictures and petitions with a copy of the letter to the Department 2 JANUARY 4, 1994 of Transportation. Commissioner Gordon asked for a report on the Township Advisory Councils which includes a list of meetings held in 1992 and 1993, topics discussed and the number of months they maintained a full membership level. She would like to know how they are being used and how often they meet. Chair Carey distributed a schedule of County Commissioner bi- monthly work sessions and quarterly meetings with the Town of Hillsborough. It was agreed that the first quarterly meeting with Hillsborough must be scheduled on a different date. After checking their calendars, the Board will decide the final schedules later. IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR MARTIN LUTHER KING. JR. DAY IN ORANGE COUNTY A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proclamation as stated below proclaiming January 17, 1994 as Martin Luther King, Jr. Day in Orange County: PROCLAMATION IN RECOGNITION OF MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY WHEREAS, Martin Luther King, Jr. was instrumental in the struggle for human rights worldwide, and WHEREAS, Martin Luther King, Jr. was the inspiration for civil and human rights nationwide, and WHEREAS, Martin Luther King, Jr. believed in civil rights for all people, and WHEREAS, Many jurisdictions nationwide recognize the great legacy to humankind inherent in the work and teaching of Martin Luther King, Jr. by observing a day in his honor, NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners proclaim January 17, 1994 as MARTIN LUTHER KING, JR. DAY IN ORANGE COUNTY BE IT FURTHER RESOLVED that the Orange County Board of Commissioners asks the community to join in honoring Martin Luther King, Jr. and to incorporate his goal and dream of human rights for all into their lives. VOTE: UNANIMOUS B. FAMILY SUPPORT AND SHELTER TASK FORCE The Orange County Homeless Women and Children Task Force presented a Community Report and recommendations to the County Commissioners in May, 1993, including a recommendation for a task force to plan for the development of a family shelter in Orange County. At the August 17, 1993 County Commissioners meeting, Commissioner Insko asked that appointment of a task force to review and make recommendations for a shelter for homeless women and • 3 children be added to the 1994-1995 goals. A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the resolution as stated below: A RESOLUTION ESTABLISHING THE ORANGE COUNTY EMERGENCY FAMILY SUPPORT AND SHELTER TASK FORCE WHEREAS, homeless women and children are the fastest growing sector of the homeless population in Orange County; and, WHEREAS, the Inter-Faith Council Community House is no longer able to provide shelter to all homeless families and has been forced to begin turning families away; and, WHEREAS, homelessness has a devastating impact on parents and their children; and, WHEREAS, the Orange County Homeless Women and Children Task Force has completed a two-year process of studying the problems of homeless women and children in our community and has identified emergency family support and shelter as the number one priority; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners establish an Orange County Emergency Family Support and Shelter Task Force to study the issues related to emergency family support and shelter, and develop a proposal to address this need. BE IT FURTHER RESOLVED that the membership of the Task Force include nominees from each of the following Boards/Associations: a. Orange County Board of Commissioners b. Chapel Hill Town Council c. Carrboro Board of Aldermen d. Hillsborough Town Council e. Inter-Faith Council (2) f. Orange Congregations in Mission g. Orange-Durham Coalition for Battered Women h. Department of Social Services i. Orange-Person-Chatham Mental Health Center j. Homeless Women and Children Task Force (2) k. Commission for Women 1. The Women's Center M. United Way of Orange County The Board may appoint additional members as needed. Dr. Halkiotis volunteered to serve on this committee and Commissioner Insko said she would be following the process. VI. SPECIAL PRESENTATIONS A. ORANGE COUNTY ARTS COMMISSION PRESENTATION OF GRANT AWARDS AND • • 4 REPORT Chair Carey distributed the Arts Commission grant awards and the Board congratulated the recipients. The list of grant recipients is in the agenda abstract. VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. ESTABLISHMENT OF THE CRIMINAL JUSTICE FACILITIES STUDY COMMITTEE The Board approved the following resolution which establishes a Criminal Justice Facilities Study Committee. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ESTABLISHING THE CRIMINAL JUSTICE FACILITIES STUDY COMMITTEE WHEREAS, pursuant to North Carolina General Statutes Chapter 7A, Subchapter VI, each county is responsible for providing physical facilities for use by the Court system; and WHEREAS, the caseload of the Courts and Law Enforcement agencies have experienced dramatic growth within the past several years, which growth has challenged the ability of the Court system to operate efficiently; BE IT THEREFORE RESOLVED: 1. A Committee called the Criminal Justice Facilities Study Committee is hereby appointed by the Orange County Board of Commissioners. 2. The Criminal Justice Facilities Study Committee shall have as its charge to: Conduct a needs assessment for Court system functions, to include, but not be limited to, Superior Court, District Court, District Attorney, Clerk of Court, Juvenile Services, Probation and Parole, Guardian ad litem program, Public Defender, as well as to assess the needs of the Sheriff's Department, including the Jail function; and Conduct an inventory of existing facilities available for use by the Court system and the Sheriff's Department; and Analyze the adequacy of the identified facilities; and Explore alternatives to traditional methods of service delivery by the Court system and Sheriff's Department as it respects facility use; and Provide twenty year growth projections of anticipated space • • 5 requirements for each agency; and Make recommendations regarding future facility needs. 3. The Judicial Facilities Study Committee shall be comprised of the Chief Superior Court Judge, Chief District Court Judge, the District Attorney, the Clerk of Court, the Sheriff of Orange County, County Commissioners, representatives of the Juvenile Services Division, Probation and Parole, the Guardian ad litem program, the Public Defender, representative from Child Support Enforcement, representative from citizens crime watch group and municipal Task Forces on Crime and other municipal representatives, a representative from the Orange County Bar Association, and members of the County's staff to include, but not limited to, the County Manager and the Director of Purchasing and Central Services, and others as deemed appropriate. B. BUDGET AMENDMENT #5 The board approved the following budget amendment 15. VISITORS BUREAU FUND Source - Occupancy Tax $ 9,095 Source - Appropriated Fund Balance 12,434 Appropriation - Community Planning 21,529 C. WATERSHED PROTECTION STANDARDS AND ZONING OF LITTLE RIVER AND CEDAR GROVE TOWNSHIPS (Revisions) The Board approved the proposed amendments to the Orange County Zoning Atlas and Zoning Ordinance for the purpose of extending zoning to Little River and Cedar Grove Townships and implementing State mandated watershed protection standards as approved by the Planning Board and presented in the agenda abstract. D. SENIOR GAMES GRANT APPLICATION The Board approved the application for a grant from the Chapel Hill Service League for $500.00 for operating expenses for the Senior Games. The application will be sent in by the Recreation and Parks Department. E. ROBERT EARL GREENE, ZONING CASE NO. 240 - RECOMMENDATIONS FOR MAKING DEMAND FOR PAYMENT OF CIVIL PENALTIES AND INJUNCTIVE RELIEF This item was deleted. F. MINUTES The Board approved the minutes as corrected for November 16, November 22, November 30 and December 6, 1993. G. ADVERTISEMENT - ECONOMIC DEVELOPMENT DISTRICTS PUBLIC HEARING This item was removed from the Consent Agenda and considered below. ITEMS REMOVED FROM THE CONSENT AGENDA G. ADVERTISEMENT - ECONOMIC DEVELOPMENT DISTRICTS PUBLIC HEARING • 6 A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve the advertisement for a special public hearing on the Economic Development Districts Design Manual for January 18, 1994 as presented in the agenda abstract. Commissioner Gordon asked that the public hearing include the cost benefit analysis for the economic development districts in addition to the Design Manual. She noted that the cost benefit analysis was called for in the Economic Development Strategic Plan adopted in 1989. Chair Carey said that the cost benefit analysis will be discussed at the work session and it will be determined at that time whether or not to include this for public hearing. John Link indicated that they will try to have the cost benefit analysis completed for the January 10, 1994 work session. Discussion ensued on when to hold the public hearing. An amendment to the motion was made by Commissioner Gordon, seconded by Commissioner Insko to include the cost benefit analysis for the economic development districts in the notice for public hearing and change the public hearing date to February 22. County Attorney Geof Gledhill clarified that the cost benefit analysis will not be part of the ordinance amendments nor in the design manual and therefore a public hearing would not be necessary. The cost benefit analysis is a public policy issue and not a zoning issue. VOTE ON THE AMENDMENT TO THE MOTION: AYES, 2; NOS, 3 (Commissioners Carey, Halkiotis and Willhoit) VOTE ON THE ORIGINAL MOTION: AYES, 3; NOS, 2 (Commissioners Gordon and Insko) IX.. ITEMS FOR DECISION - REGULAR AGENDA A. REVISION TO CAPITAL IMPROVEMENTS PROGRAM John Link presented revisions to the Capital Improvements Plan (CIP) to renovate space for the Courts and the Sheriff's Department, and complete the painting project for the historic courthouse on King Street. He also asked for Board direction on the planning for the Southern Human Services Center. Pam Jones gave a brief description of each proposed project. Commissioner Willhoit asked that a comparison be made in the cost of renovation with the cost of building a new structure. He noted that by renovating, the present space can be used instead of replaced with renovated space. He would like to see the money spent for a free standing building. He suggested that a building be built over the present parking lot to the northeast of the new County Courthouse or to the north of the raised area. This would provide additional space keeping the 3700 square feet on the third floor of the new courthouse. Pam Jones has a meeting soon with the architect. She will talk to him about the possibilities of building a freestanding addition to the new Courthouse instead of renovating. With regard to the painting of the Old Courthouse, Commissioner Halkiotis asked about the painting that was done eight years ago and if the gutters were replaced at that time. 7 With regard to the Southern Human Services Building, it was decided to call a meeting of the committee and report back to the Commissioners the impact of cutting the square footage of this facility. The departments that will be located in this building have indicated a need for 36,000 square feet. This has been cut to 33,000 square feet. Commissioner Gordon said she wanted to see the entire CIP before making any decision on renovations. Chair Carey indicated a desire to go ahead and approve the renovations to the Sheriff's Office and the Old Courthouse. However, Commissioner Halkiotis said he would like to look at the overall needs of the courts, the sheriff and the jail together. A motion was made by Commissioner Insko to approve the renovations to the Old Courthouse with funds left over from the County parking lot. Commissioner Halkiotis asked that additional information on the gutters on the Old Courthouse be obtained before approving the renovations. NO OFFICIAL BOARD ACTION WAS TAKEN ON THIS ITEM. B. BID FOR THE NORTHERN HUMAN SERVICES CENTER ROOF A motion was made by Commissioner Insko, seconded by Chair Carey to award the bid for the replacement of the roof at the Northern Human Services Center in Cedar Grove to Guaranteed Systems of Stoneville, NC in the amount of $193,920. VOTE: UNANIMOUS NOTE: For the record, other bids received are as follows: T. R. Driscoll $196,000.00 AAR of N.C. $209,190.00 McRae Roofing Co. $212,000.00 Owens Roofing Co. $229,762.00 Sunbelt Roofing Service $232,000.00 Baker Roofing Co. $244,935.00 C. Z-8-93 OLD 86 LIMITED PARTNERSHIP ZONING ATLAS AMENDMENT This property is located southwest of Cornwallis Hills Subdivision and will have access to Oakdale Drive and Old Chapel Hill-Hillsborough Road through Cornwallis Hills. The total area proposed for rezoning contains 48.68 acres. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition. The current zoning is Residential-1. The zoning district proposed is Residential-4. The property will have access to public water and sewer from the Town of Hillsborough. In answer to a question from Commissioner Gordon, Planner Eddie Kirk explained the location of the arterial and collector roads. He said that access would be from Lafayette which extends to Old 86. The road patterns are already in place. The safety concern expressed by Betty Eidenier was the amount of traffic this rezoning would create. Commissioner Willhoit pointed out that if this is approved at R-3, the developer would have to do a subdivision plan and meet minimum lot size requirement. After extended discussion, a motion was made by Commissioner Insko, seconded by Chair Carey to approve the request for a Zoning Atlas amendment from Residential-1 to Residential-4. 8 A substitute motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the request for a Zoning Atlas amendment from Residential-1 to Residential-3. VOTE ON THE SUBSTITUTE MOTION: AYES, 4; NOS, 1 (Commissioner Insko) VOTE ON THE MAIN MOTION: UNANIMOUS D. Z-9-93 FIRST SOUTH BANK, INC. ZONING ATLAS AMENDMENT The property is located on the south side of Southern Drive west of Mt. Willing Road. The proposed area to be rezoned is six acres in size and is described as part of Lot 2A, Block F of Tax Map 40 in Cheeks Township. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition, Commercial-Industrial Transition, and Water Supply Watershed. The current zoning designation of the property is Residential-1 with overlay districts of Protected Watershed and Major Transportation Corridor. The zoning district proposed is Industrial with overlay districts of PW-II and MTC. Commissioner Gordon asked how much land will accommodate the septic system. Since this was not known, Chair Carey suggested delaying action on this item until that information can be obtained. F. HP-1-93 MAPLE HILL NATIONAL REGISTER NOMINATION A motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the nomination of Maple Hill to the National Register of Historic Places and authorize the Chair to sign the Local Governing Board comment form to be forwarded to the State Historic Preservation Office. VOTE: UNANIMOUS F. PYROTECHNICS PERMIT PROCESS - delayed S. REPORTS - NONE XI. APPOINTMENTS - NONE XII. MINUTES - SEE CONSENT AGENDA XIII. EXECUTIVE SESSION A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to go into Executive Session to discuss a litigation matter. VOTE: UNANIMOUS A motion was made by Commissioner Halkiotis, seconded by Chair Carey to reconvene into regular session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for Board consideration, Chair Carey adjourned the meeting. The next regular meeting will be held on January 18, 1994 at 7:30 p.m. in the OWASA Community Room in Carrboro, North Carolina. Moses Carey, Jr. , Chair 9 Beverly A. Blythe, Clerk