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HomeMy WebLinkAboutMinutes - 199405171 APPROVED 6/28/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 17, 1994 The Orange County Board of Commissioners met in regular session on Tuesday, May 17, 1994 in the OWASA community meeting room, 400 Jones Ferry Road, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COIINTY ATTORNEY PRESENT: Geoffrey Gledhill COIINTY STAFF PRESENT:- County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Personnel Analyst Lana Chandra, Finance Director Ken Chavious, Planning Director Marvin Collins, Environmental Health Supervisor Ron Holdway, Personnel Director Elaine Holmes, Environmental Health Director Tony Laws, Department on Aging Director Jerry Passmore, Health Director Dan Reimer, Management Analyst Sharron Siler, Planner David Stancil, County Engineer Paul Thames, EMS Director Nick Waters and Planner Mary Willis NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILES IN THE CLERK'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA The appointments for the Orange County Planning Board and the Orange County Board of Adjustment were removed from the Consent Agenda and will be considered immediately following the Consent Agenda. II. AIIDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that those who want to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PIIBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Gordon said that the TAC meeting scheduled for tomorrow has been postponed to allow time for the Technical Coordinating Committee to review the TIP. Commissioner Willhoit has told her he is not in favor of the addition of I-40 going from four lanes to six lanes from Raleigh to Mebane and the Board agreed that it is not a good idea to widen I-40 unless there is an HOV lane. Commissioner Gordon asked about using a movable bulkhead for the new 2 pool proposed for the Orange County Community Activity Center. Commissioner Halkiotis distributed a memo from Meg Lanchantin, Aquatics Director at the University of North Carolina at Chapel Hill, which explained the logic of having three pools instead of one with a movable bulkhead. The three pools will serve the community at large and is efficient and cost effective. Commissioner Insko made reference to the Planning Board minutes and a statement made by Mr. Jim Ritchie of the Triangle Transit Authority in which he said that environmental protection is something the County does and not the TTA. She asked that the Board look at the big picture when considering transit corridors. She feels that the TTA Board should be working with the elected officials on protecting the environment. John Link will communicate this concern to Jim Ritchie and ask that there be a coordinated effort to protect the environment. Commissioner Willhoit said that he supports the County Commissioners and the Planning Board working on a plan to determine the density that will support a fixed guideway system. Commissioner Insko made reference to the minutes of the Economic Development Commission and the request they received for a contribution of $2500 from the Raleigh-Durham Regional Association to carry out a regional marketing campaign and questioned the participation by the EDC. She feels that one of the EDC's primary goals is not to promote growth but to bring economic development into Orange County to provide better jobs for those who presently live in the County. She feels that the EDC is not coordinating enough with the welfare reform efforts. Commissioner Halkiotis stated that a light will be installed at Mt. Hermon Church Road and Highway 70 in July. IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS/PROCLAMATIONS (7:45-7:50) A. BOND SALE RESOLUTION Chair Carey introduced a resolution providing for the issuance of $30 million school bonds, a copy of which had been provided to each Commissioner, and which was read by title: RESOLUTION PROVIDING FOR THE ISSUANCE OF $30,000 SCHOOL BONDS, SERIES 1994 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as prepared by bond counsel and presented in the agenda. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. CONTINUATION OF MAY 5, 1994 PUBLIC HEARING ON UNIVERSITY STATION/OPEN SPACE DEVELOPMENT AREA The purpose of this item was for the Board to continue discussion 3 on the disposition of proposed amendments to the Land Use Element (map and text) of the Comprehensive Plan. The proposed text amendments include a description of and locational criteria for a new plan category entitled "Open Space Development Area." The proposed map amendment would apply the new category to the University Station site. The agenda included information concerning municipal annexation procedures and development options available under the current ordinances. Commissioner Gordon stated that there may not be enough time to fully discuss the Rural Character Study options .which are on this agenda. She suggested scheduling a meeting for May 26 to discuss the Rural Character options before sending both the Open Space Development Area proposal and the Rural Character strategies to the Planning Board. After a brief discussion, the Board agreed to add to the agenda for May 26 a discussion on the Rural Character Study options. However, they did not agree to withhold a decision on University Station until after this discussion takes place. Commissioner Willhoit explained that when the County entered into the University Station process with the Town of Hillsborough, they recognized that this was not a small area plan. This was taken out of the Rural Character process with the goal of developing a plan for the University Station area that would be superior to what may happen under the annexation scenario hanging over the project. They talked about the rural character in terms of cluster alternatives and densities of 1.3 units per acre. That is more dense that what the County plan was. He would like to refer this to the Planning Board asking them to identify what modifications might be made of the "County Plan" to make it more acceptable. They don't need to solve all the Rural Character issues with the University Station proposal. He suggested that the Planning Board consider changing the language in the Open Space District designation to say it only applies to the southeast quadrant of the Hillsborough CPZ area. This would give assurance to the people who don't want this to be the model countywide. Commissioner Insko made reference to the May 5 minutes and the questions that need to be answered about University Station. She feels it would be more productive to discuss the Rural Character strategies before considering them in the context of University Station. Commissioner Halkiotis expressed a concern about the forces that are driving Hillsborough forward with this project. He feels the real cost of the development has not been calculated. He emphasized that the County is driven by a caring for the people who live in Orange County. Commissioner Gordon asked that it be made clear that the matrix on page 20 of the agenda is the one being referred to the Planning Board and not the matrix on page 17. The County Commissioners agreed. Commissioner Insko clarified that the plan being forwarded to the Planning Board is the County Plan and asked that the questions be answered about developing the area with the existing zoning. Commissioner Halkiotis asked the County Attorney if the County can limit the Town's ability to tap onto the waterline wherever they want. Geoffrey Gledhill said he has never researched this question. For sewer lines there can be cooperative agreements between the Town (utility provider) and the government that is doing the planning to limit access to the sewer lines. He will research the question on waterlines. In answer to a question from Commissioner Insko, Geoffrey Gledhill f 4 said that if Orange County and Hillsborough enter into an agreement whereby sewer extensions are limited and Hillsborough annexes all the land which is the subject of the agreement, the agreement would not apply to the area annexed by Hillsborough but would be valid for the remaining area. Commissioner Willhoit asked if tapons could be limited by a notation on the deed and Geoffrey Gledhill said that there is probably a number of ways this could be accomplished. In answer to a question from Commissioner Insko, Marvin Collins said that there was not a specific commercial plan but that a map was submitted by the developer with a notation that about 20 acres will be commercial. There is an item on the May 23 public hearing agenda to address options which would allow commercial development based on the actual number of units. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to refer to the Planning Board the proposed amendments with the matrix on page 20 and the "County Plan" for a recommendation to be returned to the Board of Commissioners no sooner than June 28, 1994. All comments received at the May 5, 1994 public hearing as well as the discussion of the Rural Character strategies from this meeting will be included as part of the record of the May 23, 1994 Quarterly Public Hearing. This item will be continued for further discussion by the County Commissioners to May 31, 1994 at 7:30 p.m. in the meeting room of the Agricultural/Planning Facility on Revere Road in Hillsborough, North Carolina. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Insko) B. MONITORING AND MAINTENANCE PROGRAM FOR ONSITE ALTERNATIVE TECHNOLOGY WASTE TREATMENT SYSTEMS John Link said that this public hearing is to receive public comment on two proposed options for providing Orange County Health Department inspections of specified on-site alternative waste treatment systems. He made reference to a chart showing the two options. The first option would be to pursue the State requirements for inspection of these systems and the second option would pursue greater requirements than those required by the State. The second component relates to what will be charged. They are recommending a base fee of $100 per inspection. The information on the back of the chart indicates how this $100 was determined. Repair or replacement of a failing system would be the responsibility of the owner. In answer to a question from Commissioner Halkiotis about the second inspection, Paul Thames stated that basically what is assumed is that if they find a problem that needs to be repaired or adjusted, that it will be found in the first inspection and they will then make sure through a second inspection that it has been corrected. CITIZEN COMMENTS Beverly Foster, Chair of the Orange County Board of Health, read a prepared statement which is made a part of these minutes by reference. In summary, she gave the history of the program, explained why the Board of Health feels this is an important endeavor and their response to the two options. The Board of Health recommends Option I for DEH systems and Option II for systems regulated by DEM. The Board of Health does not feel that monitoring reports sent to DEM will adequately assure that these systems are 5 not failing. On-site inspections are the key to protecting the public health. They have concerns about the performance of the private management entities for both the DEH and the DEM systems. They will be monitoring their performance on an ongoing basis and will let the County Commissioners know their findings and negotiate for more stringent measures if needed. The Board of Health agrees with the proposed fees. Julie Andresen spoke as a citizen and said that she is pleased that the County Commissioners are moving forward with a monitoring and maintenance program for on-site alternative wastewater systems. She supports Option II. The problem with Option I is the frequency of inspections. She read through the list of systems and gave comments by Bob Rubin. They are as follows: Conventional, single family dwelling - DEH Type II - an inspection is needed and should be done once every five years DEH Type III - inspection should be required once every five years DEH Type III pumps - Option II is not restrictive enough -- an inspection is needed once every two years DEH. Type IV - she supports Option II, Bob Rubin recommends two inspections DEH Type IV - second category is okay as recommended DEH Type V - is okay as recommended DEH Spray Irrigation and Sand Filter - okay DEM Package Plant - Bob Rubin recommends once a day She made reference to a study she did and said that DEM is unreliable to enforce the minimum regulations-and therefore an agreement with the State would be a very good idea. She agrees with the fees that are recommended. Commissioner Willhoit said that it is unacceptable to just say that DEM cannot do their job and therefore the County must do it for them. Maybe it is time to revisit this issue and try to correct the problem. The problem with the MOA is that the County takes on additional responsibility to insure that the systems work correctly. He asked if the Health Department has the authority to do inspections without a Memorandum of Agreement (MOA) and was told by Dan Reimer that they do not have the authority without an MOA. Julie Andresen, as Chair of the OWASA Board, asked that the Board consider a future collaborative role with the Authority. She feels there may be opportunities for an OWASA role in design review, monitoring, and for maintenance of certain systems where OWASA and the County can complement each other's capabilities. Also, there will be an eventual need for augmented or modified seepage disposal facilities in Orange County. OWASA would be interested in the County's estimate of how much additional septate may be generated for disposal by informed homeowners having their tanks pumped more frequently. OWASA also suggests that consideration be given to providing appropriate disposal facilities at the Town of Hillsborough's wastewater plant. Commissioner Willhoit made reference to a paper written by Julie Andresen a few years ago and asked that County Staff get a copy of the ordinance from Wake County which requires that a maintenance schedule for on- site waste treatment and disposal systems be attached to the deed. 6 Mike Cox stated he has a DEH Type IV, low pressure, single pump system. He has had no trouble with his system and disagrees with the statement that these systems have a higher rate of failure. He feels the $100 fee is outrageous. A friend of his in the septic tank business told him it takes 15 minutes to do an inspection. He agrees with Option I at half the cost. He does not feel it is fair to charge everyone $100.00 regardless of the number of times they do an inspection. Commissioner Halkiotis said that he has no problem with the inspection schedule but does not agree with the $100.00 fee. He made reference to a letter received from Ms. Laura V. Crenshaw in which she supports Option I. She indicated that they do maintain their system and make the necessary repairs to the system as suggested by their inspector. She feels that charging the $100 every year for the County to inspect the systems would be a needless expense for the majority of the owners of low-pressure pipe systems. In answer to a question from Commissioner Halkiotis about the recovery of costs, John Link said that most of the fees charged by the County are subsidized. Commissioner Halkiotis read a letter from Rolland Wrenn. She is against the proposal in its entirety and the $100 fee. Commissioner Halkiotis repeated that he endorses the inspection program and a $50.00 fee. A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to close the public hearing and place this item on a subsequent agenda as a decision item. VOTE: UNANIMOUS The County Commissioners commended the Environmental Health Staff for all their work on this proposal. VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the items on the Consent Agenda as stated below with the revised minutes for April 4, 1994. A. CSE ATTORNEY CONTRACT The Board approved and authorized the Chair to sign a contract with Coleman, Gledhill and Hargrave to provide legal representation for the Child Support Office . B. The following appointments were approved by the Board: Water and Sewer Services Area Boundaries Allen Lloyd - representing Hillsborough Evelyn Lloyd - representing Hillsborough Joe Capowski - representing Chapel Hill James Protzman - representing Chapel Hill Julie Andresen - representing OWASA Barry Jacobs - representing OWASA Commission for Women (all AT LARGE) 7 Pam Gibbard - for an unexpired term ending June 30, 1995 Peachee Wicker - reappointed for term ending June 30, 1997 Eugene Blanton - reappointed for a term ending June 30, 1997 Linda Carver - reappointed for a term ending June 30, 1997 Trish Rafalow - appointed for a term ending June 30, 1997 Aimee Tattersall - reappointed for a term ending June 30, 1997 ABC Board Elsie Pickett - reappointed for a term ending June 30, 1997 Private Industry Council Marti Pryor-Cook - reappointed for a term ending June 30, 1997 Chapel Hi11 Board of Adjustment Julian Raney - reappointed for a term ending June 30, 1997 Carrboro Planning Board Toy Cheek - reappointed for a term ending February 1, 1997 C. MINUTES The Board approved the minutes for April 4, 1994. D. PROPERTY TA7C REFUND REQUESTS The Board approved the following property NAME ACCOUNT # Nationsbank of NC 187038 NCNB National Bank of NC 178968. NCNB National Bank of NC 178974 NCNB National Bank of NC 178982 NCNB National Bank of NC 178990 NCNB National Bank of NC 178995 NCNB National Bank of NC 178998 NCNB National Bank of NC 178999 NCNB National Bank of NC 179000 NCNB National Bank of NC 179003 NCNB National Bank of NC 179004 Payne, Frederick Bowen, Jr. 187079 Koehn, Hilde R. 157027 Mehta, Sanjay 145781 McCracken, Laurence W. Jr. 178922 Reppy, William A. Jr 157147 Stancell, Charles M. 157179 Wood, Matthew T. 187200 Craig, P.H. Jr. 156747 Cartwright, Howard W. Jr. 124015 World Omni Leasing, Inc. 122372 Compton, Dwight E. & Betty 180351 Charles H. Thibaut 133802 Paul K. Browning 10711 William S. Totten 12599 tax refund requests: AMOUNT 59.10 206.85 118.20 88.65 398.93 88.65 88.65 88.65 88.65 88.65 88.65 88.65 118.20 11.23 222.81 59.10 242.66 130.02 60.91 24.23 69.89 16.78 405.98 65.28 117.05 E. CLA88IFICATION PLAN AMENDMENT The Board approved amending the Orange County Classification and Pay Plan by changing the title of the Public Health Educator/Kellogg Project 8 Director to Senior Public Health Educator. The salary grade of 69 was unchanged. F. CONTRACT BETWEEN THE IINC SCHOOL OF DENTISTRY AND THE ORANGE COIINTY HEALTH DEPARTMENT FOR THE SMART START GRANT The Board approved and authorized the Chair to sign the contract between the UNC School of Dentistry and the Orange County Health Department for the Smart Start grant for the coordination of a dental screening program for 0-5 year-old children funded by Smart Start. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA APPOINTMENTS FOR THE ORANGE COUNTY PLANNING BOARD AND THE -0RANGE COUNTY BOARD OF ADJUSTMENT A motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint Cheryl A. Howie to the Orange County Board of Adjustment as an alternate member for a term ending June 30, 1997. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Insko to appoint Saragene G. Boericke to the Orange County Planning Board for a term ending March 30, 1997. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. ORANGE COUNTY SENIOR CENTERS DEVELOPMENT PLANNING PROCESS A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the preparation of an Orange County senior centers development plan as proposed in the agenda. There is no commitment to build anything. VOTE: UNANIMOUS B. PROPOSED ZONING ORDINANCE TEXT AMENDMENT FOR THE WATERSHED PROTECTION OVERLAY DISTRICTS This proposed amendment to the Zoning Ordinance would allow for a reduction in the 150' building setback and 300' septic system setback adjacent to reservoirs and/or streams for lots created prior to January 1, 1994. If this amendment is approved, it would allow staff approval of a reduction in the setbacks to the extent needed in order to develop existing lots. There are a number of cases in which the 150' building setback and the 300' septic system setback would render lots unbuildable. This amendment will only affect existing lots and only those that could not be built upon without a reduction of these setbacks. The alternative to approval of the amendment would be for the property owners to seek relief from the Board of Adjustment. It is highly unlikely that this amendment would affect property around Cane Creek Reservoir or University Lake. -With regard to the property surrounding Lake Orange, there is a possibility of 50 to 70 variances that could be requested over time. Each variance requires additional staff time and cost about $250. 9 Mary Willis explained the process that is followed by the Board of Adjustment in considering a variance. The same process would be followed except it will be approved by the staff instead of the Board of Adjustment. Commissioner Gordon questioned if the Board of .Adjustment would make the same findings as the staff. Also, she feels that each lot approved is impacting negatively on the quality of Lake Orange. Geoffrey Gledhill explained that the Board of Adjustment will consider if the lot can be used for any other purpose. The variance power is a constitutional safety valve which allows dimensional requirements to be varied so that a piece of property can be used. What often happens is that a developer will sell a lot and the owner of the lot then must apply for a variance. There is no way to force a developer to resubmit a redesigned subdivision. Commissioner Gordon suggested limiting the number of bedrooms for each dwelling so that less effluent is generated. Chair Carey stated that the issue is whether the Board should approve the reduction so this can be handled as a staff function or comply with the current ordinance which means the owners would have to go to the Board of Adjustment is order to get approval. Commissioner Willhoit made reference to differentiating between the different watersheds. Cane Creek is a primary source of water and Lake Orange is secondary. He asked if they could differentiate on the basis of primary and secondary supply. Everett Billingsley suggested categorizing each reservoir as either type "A" or type "B". A type "A" reservoir is one where water is drawn directly while a type "B" reservoir is one where water is drawn indirectly like Lake Orange. The type "~" reservoirs could then be exempted from this regulation. In answer to a question from Chair Carey on reducing the setback from 300' to 200', Mary Willis said that it would help because there would be some lots that would fall in that range. The County Commissioners postponed this item for further discussion and the possibility of incorporating into the watershed regulations the type "A" and type "B" language. C. NORTH CAROLINA STATE - COUNTY CRIMINAL JUSTICE PARTNERSHIP ACT A motion was made by Commissioner Insko, seconded by Chair Carey to authorize the formation of a workgroup composed of a Commissioner from Chatham and Orange Counties, the two County Managers, the two County Sheriffs, the District Attorney, and the Executive Director of OPC Mental Health to determine the feasibility and desirability of Chatham and Orange Counties pursuing multi-county programs under the Act and to report to the respective Boards within 45 days. VOTE: UNANIMOUS D. PINEY MOONTAIN SUBDIVISION UTILITY SERVICE EXTENSION AGREEMENTS The three agreements presented are related to the extension of sewer service to the Piney Mountain Subdivision and are necessary to satisfy local planning/utility extension concerns, State high unit cost construction grant requirements and construction administration/short term construction 10 financing requirements. Commissioner Gordon made reference to page 19 of the agreement and the three things that can terminate the agreement. She asked how long the County would own the system. Geoffrey Gledhill explained that when one of the three events happens, the transfer will take place. Julie Andresen feels that the grant has made things a lot more complicated. She asked that additional time be allowed for the OWASA staff to review the agreements. The OWASA Director has recommended that OWASA own the failed system. Commissioner Insko suggested that the Board go ahead and approve these agreements. The County will temporarily own the system and if OWASA wants to own the system, they can. If not, ownership can be given to the Homeowners Association of that part of the system that OWASA does not want to own. A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to (a) approve each of the three agreements as submitted; (b) authorize the Chair to sign the agreements when finalized; (c) authorize the Chair, County Manager and County Attorney to devise modifications to the agreements as necessary to secure accord among the other parties to the agreements, with the proviso that the intent of the agreements will not be modified without the approval of the Board of County Commissioners; and authorize the execution of any additional collateral documents which don't change the, intent of this item. VOTE: UNANIMOUS E. REVISION TO THE FIRE PROTECTION CONTRACT WITH NORTH CHATHAM VOLUNTEER FIRE DEPARTMENT A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve a revision to the contract amount for fire protection that the North Chatham Volunteer Fire Department provides to Damascus and Southern Triangle Fire Districts. VOTE: UNANIMOUS X. REPORTS A. COMMUNITY CHILD PROTECTION REPORT Dr. John Turner, Chair of the Community Child Protection Team (COPT), explained that the CCPT was established in accordance with Executive Order #142 in September of 1991. The COPT is an interdisciplinary group of community representatives who meet regularly to promote a community-wide approach to the problem of child abuse and neglect. Team members work together to identify gaps in services for abused and neglected children; to advocate for needed resources where gaps and deficiencies exist and to encourage system improvements. He reported that child abuse cases have increased statewide. He feels that if the problems are not addressed, this figure will keep. rising. Child abuse has a serious consequence for people and for their pocketbooks. He asked that the Board support their request in the budget for an additional staff person and a secretary. 11 Marti Pryor-Cook talked about the need for an additional staff person and gave figures on the present caseload. B. RURAL CHARACTER STUDY ALTERNATIVE This item was postponed XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. E%ECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to discuss, Chair Carey adjourned the meeting. The next regular meeting will be held on May 23, 1994 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk