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HomeMy WebLinkAboutMinutes - 19940808 1 APPROVED 8/23)94, MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AUGUST 8, 1994 REGULAR MEETING The Orange County Board of Commissioners met in regular session on Monday, August 8, 1994 at 7:30 p.m. in the courtroom of the old County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY COMMISSIONER ABSENT: Commissioner Stephen H. Halkiotis COUNT'S ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert K ittre l l and Clerk to the Board Beverly A. Blythe. Other staff members are identified appropriately below. I. ADDITIONS OR CHANGES TO THE AGENDA a. added to the Consent Agenda as item T "Resolution for Farmland Preservation Bond Application" b. deleted from Consent Agenda, the property tax refund for Mr. James Upchurch c. deleted the June 6 and June 15 minutes and accepted corrections to the May 26 and May 31 minutes d. removed the appointment to the Orange County Board of Adjustment II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that those citizens 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 Molly Johnson., representing her husband George and friends who live in Gastonia, spoke about some lots they own at Lake Orange. Her concern is that with the passage of the County's watershed requirements, the lots are nonconforming and not large enough to fulfill the setback requirements. She asked that the Board amend the Zoning Ordinance to exempt existing lots of record from the setback requirements. Besty Tilley expressed the same concerns as Ms. Johnson. She had been told that existing lots would not be affected and now finds out that they are. She noted that most of the lots around Lake Orange are now worth nothing. She asked that the Board undo the action they have taken. Chair Carey responded that the regulations were implemented because Orange County is serious about protecting their drinking water. The Board will take these comments under consideration. Ellen McLamb, owner of a home care facility located at 202 Crawford Road, expressed a concern about the fire inspection fee of $120 saying it is too much for a small home care facility to pay. She also expressed a concern about transportation for one of her tenants to participate in the senior center activities in Hillsborough. Her tenants are willing to pay for this ■ 2 service but she was told that the CAT buses could not pick them up. She had previously been told that anyone could ride the CAT buses if they have the funds. She said she is struggling to stay open and asked that the Board please consider the small business person in setting fees. John Link will look into both of these concerns and report back to the Board. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Insko announced that the 1-40/Old 86 Study Committee will be sending out information to members of the other governing boards to keep them updated on their progress. IV. COUNTY MANAGER'S REPORT -- NONE V. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION OF WOMEN'S EQUAL I TY DIY Aimee Tattersall, incoming Chair of the Commission for Women, told about the activities they have planned for Women's Equality Day. She read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the proclamation as stated below: PROCLAMATION WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, the amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex"; and WHEREAS, the power of the vote is the gateway to continued improvements in the status of women and all peoples; and WHEREAS, the Orange County Commission for Women advises the citizens and the Board of Commissioners of Orange County of the status of women in Orange County; and WHEREAS, that status continues to be unequal, especially economically and politically; and WHEREAS, women make significant contributions economically, politically and in innumerable ways to Orange County, NOW, THEREFORE, the Orange County Board of Commissioners hereby proclaims r , 3 Friday, August 26, 1994, as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality, and hereby urges all citizens to exercise their right to vote and continue to work to guarantee full equality for all women. VOTE: UNANIMOUS B. AMENDMENT TO RESOLUTION: ORANGE COUNTY APPOINTMENT AND ORIENTATION PROCESS FOR BOARDS AND COMMISSIONS A motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the amendment to the resolution for the appointment and orientation process for Boards and Commissions as stated below: ADD TO #2 THE FOLLOWING SENTENCE: While the Board of Commissioners may request and/or receive recommendations from County boards and commissions or some other source, the Board is not obligated to appoint the recommended individual(s) and will make a final decision based on all factors related to the representative needs of the County. VOTE: UNANIMOUS C. RESOLUTION - ORANGE/CHATHAM CRIMINAL JUSTICE PARTNERSHIP PROGRAM A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to adopt a resolution approving a joint grant application and program plan for Orange and Chatham Counties. ORANGE COUNTY BOARD OF COMMISSIONERS CHATHAM COUNTY BOARD OF COMMISSIONERS RESOLUTION FOR THE FORMATION OF A JOINT CRIMINAL JUSTICE PARTNERSHIP PROGRAM FOR ORANGE AND CHATHAM COUNTIES WHEREAS, grant funds are available as a result of the N. C. Criminal Justice Partnership Act for counties to develop community-based correction programs, and WHEREAS, the N.C. Criminal Justice Partnership Program is encouraging the development of multi-county advisory boards in order to take advantage of possible savings in administrative costs, and WHEREAS, the Orange and Chatham County Boards of Commissioners approved the formation of a local work group to determine the feasibility and desirability of the two counties to apply jointly, especially since both counties share the same judicial district and mental health service area, and WHEREAS, the work group, comprised of a commissioner from each county, the y • 4 (2) county managers, the (2) Sheriffs, the District Attorney, and the Director of OPC Mental Health have met twice to discuss this issue, and WHEREAS, the work, group has determined that a joint rant a 'grant application and programming effort would be beneficial to both counties, NOW THEREFORE, BE IT RESOLVED that the Orange and Chatham County of Boards Commissioners express their approval y p pprova l for the formation of a Joint County Advisory Board to pursue the procurement of funding and the establishment of community-based correction g VOTE: UNANIMOUS Y traction programs. VI. SPECIAL PRESENTATIONS -- NONE VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Chair Carey to Agenda as stated below: approve those items on the Consent y y A. 1993-94 ANNUAL SETTLEMENT The Board received and accepted the Tax Settlement on current and delinquent taxes which listed the amount charged, the amount unpaid and d the amount collected for 1993. A copy of the tax settlement is in the ermanent agenda file in the Clerk's Office. p B. PHASES 2 & 3 SECTION II SUNSET RIDGE SUBDIVISION - PRELIMINARY PLAT This property is located in Cheeks Township south of West Lebanon Road between Mill Creek Road and Doe Run Road. There are 24 lots ro osed out p p of 31.23 acres with an average lot size of 1.13 acres. The Board approved the Preliminary Plan for Section II pP F Y • sI Phases 2 and 3 Sunset Ridge Subdivision subject to the conditions contained in the Resolution of Approval located in the permanent agenda file in the Clerk's Office. C. MT. WILLING'S SUMMIT PRELIMINARY PLAN This property is located on the northwest side of Mt. Willing Road just west of Chestnut Ridge Church i g h Raced in Cheeks Township. The property is zoned Agricultural Residential and U-ENO-PW. The tract is 34.59 acres with 15 lots proposed. The average lot size is 2. 16 acres. The Board approved the Preliminary Plan for Mt. Willing's Summit subject to the conditions contained in the Resolution of Approval located in the permanent agenda file in the Clerk's Office. D. BID AWARD - SHERIFF'S DEPARTMENT SERVICE WEAPONS The Board awarded the bid for ninety 45 caliber semi-automatic pistols for the Orange County Sheriff's Department to Gulf States Distributing for $47, 610. Other bids were received from Southern Public Safety for $56,832, Lawmen's Safety Supply y y Su pp y for $49, 071 and Town Police Supply for $53,955. • 5 E. CHANGE IN MEETING SCHEDULE The Board approved the following changes to the regular m calendar as filed in the Clerk's office. meeting 1. Cancel the August 11 meeting 2. Change the October 3 meeting to October 5 3 . Change the November 7 meeting to November 1 4. Change the November 22 meeting to November 15 F. APPOINTMENTS The Board made the followin g appointments: ointments: TRIANGLE J WATER RESOURCES COMMITTEE David Stancil ADVISORY BOARD ON AGING Gregory Herman-Giddens for a term ending June 30, 1997 G. MINUTES The Board approved the following minutes: May 19, 1994 - Special Meeting - Agricultural Districts May 26, 1994 - Budget Presentation May 26, 1994 - Special Public Hearing May 31, 1994 - Special Meeting with the Planning Board June 2, 1994 -- Budget Public Hearing June 7, 1994 - Budget Public Hearing June 13, 1994 - Budget Work Session June 28, 1994 - Regular Meeting June 28, 1994 - Continued June 28 meeting June 30, 1994 - Special Public Hearing on Open Space H. JAIL INSPECTION REPORT The Board received the jail inspection report dated July 6, 1994 from the North Carolina Department of Human Resources. I. RENEWAL APPLICATION FOR ELDERLY & DISABLED/MEDICAID TRANSPORTATION ASSISTANCE PROGRAM The Board approved and authorized the Chair to sign the Certified Statement of Participation in the NC Elderly and Disabled Transportation Assistance Program and the Medicaid Transportation Assistance Program. These funds will provide medical � g P cal transportation for senior citizens, disabled persons and women and children awaiting Medicaid certification. J. RENEWAL APPLICATION FOR RURAL GENERAL PUBLIC TRANSPORTATION PROGRAM The Board approved and authorized the Chair to sign the Certified Statement of Participation in the Rural General Public Program. These funds will be used to promote rural general public transportation. X. MEMORANDUM RENEWAL WITH NORTH STATE LEGAL SERVICES The Board approved and authorized the Chair to sign the Memorandum of Agreement with North State Legal Services for the provision of legal counseling and assistance as required by Title III of the Older Americans Act. L. PROPERTY TAX REFUNDS The Board approved the following property tax refunds: 6 NAME ACCOUNT # AMOUNT Forrest T. Heath 121640 $ 2, 180.35 George Watts Hill, Jr. 143071 176.96 Timberlyne Limited Partn. 130262 9,411.93 Robertson, Alison S. 175343 27.73 M. HISTORIC PRESERVATION ORDINANCE AMENDMENT ARTICLE 4 (NEW) PROCEDURES FOR REVIEWING PROPOSED NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES The Board approved an amendment to the Historic Preservation Ordinance which includes procedures for reviewing ro osed nominations to the p he National Register of Historic Places. This amendment has been added to the Ordinance located in the official Ordinance Book located in the Clerk's Office. N. TUPELO RIDGE. PHASE ONE - PRELIMINARY PLAN The property is located in western Chapel Hill Township on the east side of Union Grove Church Road south of Albert Road. The tract is divided almost equally between Orange County's jurisdiction and the Town of Carrboro's Transition Area. The total acreage in Phase One is 41 acres. A total of twelve (12) new residential lots are proposed in Phase One. The Board approved the Preliminary Plan for Tupelo Ridge Subdivision, Phase One, with a public road built to State standards, and the conditions contained in the Resolution of Approval located in the permanent agenda file in the Clerk's Office. O. SOUTHERN SMALL AREA PLAN REZONING The Board approved rezoning the portion of the Joint Plannin g Area transition area encompassed by the adopted Southern Small Area Plan. The area is approximately 205 acres and is bounded generally by US 15-501 to the west ■ the Chapel Hill extraterritorial jurisdiction line to the north, Old Lystra Road to the east and the Chatham County line to the south. P. CRISIS INTERVENTION TEAM The Board accepted the grant funds from the North Carolina Department of Crime Control and Public Safety which provides for establishing 2. 0 full time equivalent positions, with 1.5 F.T.E. for the Crisis Intervention Program and .5 F.T.E. dedicated to the Violence Prevention/School Resources grant project. Z-2-94 ORANGE WATER AND SEWER AUTHORITY ZONING ATLAS AMENDMENT The Board approved the rezoning of a 10-acre parcel from AR Agricultural-Residential to AS Agricultural Service which is situated on the western property line of the tract to the northwest of the intersection of NC 54 and Orange Grove Road. R. HYCONEECHEE REGIONAL LIBRARY CONTRACT AGREEMENT RENEWAL The Board approved and authorized the Chair to sign the renewal of the Hyconeechee Regional Contract Agreement between the counties of Caswell, Orange and Person. S. ESTABLISHING CABLE TV PUBLIC HEARING DATE FOR FRANCHISE RENEWAL AND 7 GABLE TV RATE REGULATIONS The Board set September 6, 1994 as the public hearin g date to receive public comments on Cable TV Franchise Renewal and Cable Rate Regulations. T. RESOLUTION FOR FARMLAND PRESERVATION BOND APPLICATION The Board adopted the resolution as stated below in support of the County's application seeking approval from the Local Government Commission to hold a referendum for Farmland Preservation Bonds. RESOLUTION CONCERNING BOND ISSUE FOR PARKLAND PRESERVATION WHEREAS, the Orange County Board of County Commissioners has considered the need for preservation of farmland within the County; and WHEREAS, it is the opinion of the Board that the voters of Orange County should consider these needs in the amount of $5,000, 000; and WHEREAS, the Board has made the following factual findings in regard to this matter: 1. Description of undertaking: The undertaking for which the bonds are proposed is to provide funds for the implementation of a program of farmland preservation within the County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including development rights) to maintain, protect, limit future use of or otherwise conserve open spaces and open areas constituting farmland. 2 . Facts regarding necessity of proposed program: The proposed program is necessary in order to provide farmers a timely, financially competitive alternative to selling their land for development. 3 . Facts supporting the amount of bonds proposed: The amount of bonds proposed is adequate for the proposed purpose inasmuch as the preliminary cost information prepared by the Orange County Planning Department has estimated that the bonds would provide funds to facilitate the implementation of the preservation program. 4. Past debt management policies: Orange County has in the past always appropriated funds in accordance with North Carolina law during each fiscal year in an amount sufficient to meet annual debt service requirements. 5. Past budgetary and fiscal management policies: Orange County has always adopted its budget in a timely manner ~ s 8 in accordance with North Carolina statutory requirements y q meats and has obtained an unqualified opinion from a certified public accountant in connection with each annual audit. 6. Retirement of debt: In order to satisfy the estimated increase in debt service requirements, Orange County y will use ad valorem taxes of $0.01 (one cent) per $100.00 assessed valuation. NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS: A. The Orange County Clerk to the Board is directed to publish notice of intent to make application to the Local Government Commission of the State of North Carolina for approval of the bond issue in the amount of $5,000,000.00 as required by North Carolina General Statute 159-50. B. The Orange County Finance Director is directed to file application for approval of the bonds with the Local Government Commission as required by North Carolina General Statute 159-51, and is designated the representative of the County for said purpose. C. That a bond referendum be submitted to the qualified voters of Orange County for said $5,000, 000.00 on November 8, 1994. D. The Orange County Finance Director is authorized to employ bond counsel to represent the County in the authorization and issuance of bonds. I, Beverly A. Blythe, Clerk to the Board of County Commissioners of Orange County, do hereby certify that the resolution set out above was duly adopted in the regular meeting of the Board held at 7:30 o'clock P.M. , August 8, 1994, and that same was duly recorded in the minutes of said meeting. This the 8th day of August, 1994 VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS FOR ECONOMIC DEVELOPMENT DISTRICT LOCATIONAL CRITERIA Planning Director Marvin Collins presented for Board consideration proposed amendments to the Land Use Element and Zoning Ordinance regarding locational criteria applicable to Economic Development Districts. The proposed amendments were presented at public hearing on May 23, 1994. No citizens spoke concerning either the amendments proposed by the Ordinance Review Committee or by Commissioner Gordon. The Planning Board considered the proposed amendments at its July 18, 1994 meeting and voted 9-1 to recommend approval of the amendments as recommended by the Ordinance Review Committee. 9 Commissioner Gordon reiterated her desire to have these EDDs provided with public water and sewer or located in an area where these services could be extended. A motion was made by Commissioner Willhoit, seconded by Chair to approve the Planning Board recommendation. Carey g endation. VOTE: AYES, 3; NOS, 1 (Commissioner Gordon) B. PUBLIC HEARING NOTICE FOR THE AUGUST 22, 1994 OUARTERLY PUBLIC, HEARING A motion was made by Commissioner Gordon, by Commissioner Insko to remove item c(2) from the notice. This item would waive the requirement that adjacent property owners be notified of endin p g development proposals in certain cases and provide enhanced newspaper advertising. After a brief discussion Commissioners a s a scussion during which Commissioners Carey and Willhoit objected to the removal of the item, this motion and, d second were A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve g the public hearing notice for the August 22, 1994 Quarterly Public Hearing as submitted in the agenda. VOTE: UNANIMOUS C. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS FOR PRIVATE ROAD JUSTIFICATION CRITERIA_ A motion was made by Commissioner Willhoit seconded by Commissioner Insko to approve an amendment to e pp o Article IV-B-d-1 of the Subdivision Regulations which would include, as justification for a rivate road, the p preservation of site features which preserve or enhance special or unique characteristics of the immediate area surroundin g proposed a ro osed subdivision. VOTE: UNANIMOUS D. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT FOR APPROVAL OF MINOR SUBDIVISIONS WITH PUBLIC ROADS Planner Mary Willis presented for Board consideration a proposed amendment to the Subdivision regulations to allow subdivisions of five or fewer lots to be approved through the minor subdivision process when P ublic road dedication or improvement is required. A motion was made by Chair Carey to approve the proposed Subdivi- sion regulation. This motion died for lack of a second. Commissioner Willhoit noted that he would like to see this addressed in the implementation of the rural character study recommendation. It was decided that this would not be placed on a future agenda without further instructions from the County Commissioners. E. DANNY SETTLEMYRE PARTIAL WIDTH RIGHT-OF-WAY Planner I Jane Garrett presented for Board consideration a request by Danny Settlemyre for a reduction in right-of-way width from 50 feet to 30 feet. Danny Settlemyre wishes to create a 1. 16 acre lot out of a 95.08 acre tract. The property is located east of Dimmocks Mill Road. A proposed private road (30 foot right-of-way) approximately 325 feet in length will provide access to the property. ' w 10 A motion was made by Commissioner Willhoit seconded by Commissioner Insko to approve a artial width right-of-way e private road. p of 3 0 feet for the VOTE: UNANIMOUS X. REPORTS A. PURCHASE OF DEVELOPMENT RIGHTS PROGRAM Marvin Collins presented a report on a proposed Purchase of Development Rights Program for farmland preservation. This information was distributed to the Board of Commissioners last week. He ave a historical 1 perspective and information on the proposal that will g o to public heari ng tomorrow evening. p Commissioner Willhoit asked that the steering committee which will be developing a strategy for promoting the bond issue focus on a five ' � � million bond issue without linking the continuation of the one cent on the tax rate to the program. B. CIVIL RIGHTS SPECIALIST POSITION Lucy Lewis, Director of the Commission for Women, outlined the duties of the Civil Rights Specialist position. A motion was made by Commissioner Insko, seconded by Chair Carey to approve the proposed duties and responsibilities as described in the agenda for the Civil Rights Specialist position. VOTE: UNANIMOUS XI. APPOINTMENTS A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the following appointments to the Orange County Senior g Y Center Development Planning Committee: Louise Clayton - Hillsborough Township Frances Hargraves -- Chapel Hill Township Robert Schmidt - Bingham Township Ina Whitted - Cedar Grove Township Mary Bacon - Eno Township Roy McAdoo - Cheeks Township Frances Hamlin - Little River Township VOTE: UNANIMOUS XII. MINUTES - NONE XIII. EXECUTIVE SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Insko to adjourn to Executive Session to discuss litigation. VOTE: UNANIMOUS A motion was made by Chair Carey, seconded by Commissioner Gordon to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to discuss, Chair Carey adjourned the meeting. i 11 The next regular meeting will be held at 7:30 .m. on August p gust 23, 1994 in the OWASA Community meeting room, Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk