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HomeMy WebLinkAboutMinutes - 199411011 APPROVED 12J5/94 MINUTES NOVEMBER 1, 1994 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING The Orange County Board of Commissioners met in regular session on Tuesday, November 1, 1994 at 7:30 p.m. in the courtroom of the Old Courthouse, 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 STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser and Clerk to the Board Beverly A. Blythe (other staff members. are identified appropriately below) 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 Report "A" was moved for discussion before Decision Item "D". Report "C" was moved to the beginning of the Report section. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that anyone who would like to speak to an item on the printed agenda 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 told about his involvement at a forum held at the Homeless Shelter. He asked that John Link look into the feasibility of having a person from the County's Personnel Office visit the Shelter to distribute information about job openings and take applications. He also made reference to the intersection of New Hope Church Road and NC86 saying that this is a very dangerous intersection and with the opening of the new middle school traffic will increase. John Link will write a letter to the Department of Transportation for the Chair to sign. Commissioner Gordon asked that the agenda facesheets for commissioners meetings be sent to all Township Advisory Committee members (or at least the chair) and that these facesheets include additional information, namely, that the township be specified for all subdivision and zoning items and any other items relating to land use. 2 IV. COUNTY MANAGER'S REPORT John Link asked for clarification on the closing of exit 172 as it enters that a letter be sent to the Departmen opposition to this closing. V. RESOLIITIONS/PROCLAMATIONS - NONE VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS - NONE on the concern expressed by the Board I-85 off of US70. The Board asked t of Transportation expressing their VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve those items on the Consent Agenda as listed below: A. IMPLEMENTATION OF WATER CONSERVATION MEASURES FOR THE ENO RIVER The Board approved and authorized the Chair to issue the proclamation as stated below declaring a Stage II Water Shortage Alert. PUBLIC PROCLAMATION REGARDING USE OF WATER OBTAINED FROM THE PUBLIC WATER SYSTEM SUPPLIED BY THE ORANGE-ALAMANCE WATER SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH AND FROM ANY RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY THE ORANGE-ALAMANCE WATER SYSTEM, INC. AND THE TOWN OF HILLSBOROUGH Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS, I, Moses Carey, Jr., Chair of the Board of County Commissioners, having been provided with information that the water level of Lake Orange is more than two feet below full, do hereby issue this PUBLIC PROCLAMATION declaring to all persons that a STAGE II WATER SHORTAGE ALERT is now in effect applicable to users of water from the public water system supplied by the Orange Alamance Water System, Inc. and Town of Hillsborough and from any raw water supply within Orange County used by the Orange-Alamance Water System, Inc. and the Town of Hillsborough. -The following voluntary water conservation restrictions are now applicable: 1. Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes. 2. Limit flushing of toilets by multiple usage. 3. Do not leave faucets running while shaving or rinsing dishes. 4. Limit use of clothes washers and dishwashers and when used, operate fully loaded. 5. Limit lawn watering to that which is necessary for plants to survive. 6. Water shrubbery the minimum required, reusing household water when possible. 7. Limit car washing to the minimum. 8. Do not wash down outside areas such as sidewalks, patios, etc. 9. Install water flow restrictive devices in shower heads. 3 10. Use disposable and biodegradable dishes. 11. Install water saving devices such as bricks, plastic bottles or commercial units in toilet tanks. 12. Limit hours of operation of water-cooled air conditioners. This proclamation, and the voluntary conservation restrictions imposed pursuant to it, shall be in effect until the ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS" is amended or repealed or until the Chair, by Public Proclamation, declares that the STAGE II WATER SHORTAGE ALERT is over. By order of Moses Carey, Jr., Chair of the Orange County Board of Commissioners, issued this First Dav of November, 1994. 8. ECONOMIC DEVELOPMENT FIINDING BY THE GENERAL ASSEMBLY The Board approved and authorized the Chair to sign the resolution authorizing the release of funds that were appropriated to Councils of Government by the General Assembly as stated below: RESOLUTION 94/95 BY ORANGE COUNTY WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; and WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the 1994 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park. NOW, THEREFORE BE IT RESOLVED, that Orange County requests the release of its $7,244.41 share of these funds to the Triangle J Council of 4 Governments at the earliest possible time in accordance with the provisions of Chapter 321, Senate Bill 27, section 39 of the 1994 Session Laws. C. WAGON FARM TRAILS PHASES I II III & IV PRELIMINARY PLAN This property is located in Cheeks Township on the north side of High Rock Road. Thirty-nine (39) lots are proposed out of 55 acres. The Board approved the Preliminary Plan for Wagon Farm Trails Phases I, II, III & IV subject to the conditions contained in the Resolution of Approval as presented in the agenda. D. HARDSCRABBLB PHASE III SECTION I PRELIMINARY PLAN This property is located along the Orange/Durham County line just north of St. Mary's Road in Eno Township. Approximately 29.73 acres in Orange county are proposed to be developed in this section with 12.09 acres in open space. Fourteen (14) lots are proposed. Lots will be served by community water and individual septic tanks. The Board approved the Preliminary Plan for Hardscrabble Phase II, Section I subject to the conditions contained in the Resolution of Approval as presented in the agenda. E. DEER RIDGE PRELIMINARY PLAN This property is located north of Heartwood at Blackwood Mountain Planned Development off Mill House Road in Chapel Hill Township. Eight (8) new residential lots are proposed out of 19.5 acres. The Board approved the Preliminary Plan for Deer Ridge Subdivision subject to the conditions contained in the Resolution of Approval as presented in the agenda. F. PHASE C BROWER CREEK PRELIMINARY PLAN This property is located on the west side of Harmony Church Road. Nine (9) new residential lots are proposed out of 38.01 acres. The Board approved. the Preliminary Plan for Phase C Brower Creek subdivision subject to the conditions contained in the Resolution of Approval as presented in the agenda. G. HANNAH CREEK PRELIMINARY PLAN This property is located on the west side of High Rock Road near the Orange-Alamance County line. Forty-six (46) new residential lots are proposed out of 84.62 acres. The Board approved the Preliminary Plan for Hannah Creek Subdivision subject to the conditions contained in the Resolution of Approval as presented in the agenda. H. PETITION FOR ADDITION -.EXTENSION OF SPRINGVIEW TRAIL IN ENO TOWNSHIP The Board approved a petition from NCDOT for approval of the addition of the Extension of Springview Trial in Eno Township to the State- maintained Secondary Road System. I. APPOINTMENTS The Board appointed Bo Lozoff to the Orange/Chatham Criminal Justice Partnership Work Group as a citizen representative. 5 J. MINOTES The Board approved the minutes for the September 6, 1994 regular meeting, the September 10, 1994 special meeting and the October 5, 1994 regular meeting. R. CHANGE OF DATE FOR THE OIIARTERLY POBLIC HEARING The Board approved the change in the date of the Quarterly Public Hearing to November 30, 1994. L. INCREASE IN STATE FUNDING FOR BREAST AND CERVICAL CANCER The Board approved and authorized the Chair to sign the contract amendment and the budget pages for increased State funding for the Breast and Cervical Cancer Program. VOTE ON THE CONSENT AGENDA: UNANIMOUS IX. ITEMS FOR DECISION - REGIILAR AGENDA A. PROJECT REVIEW & APPROVAL - JAIL PROJECT AND COURTHOIISE ADDITION Alan Baldwin, Grier-Fripp Architects, presented plans for the expansion of the jail and the addition of a courtroom to the courthouse. The jail drawings are under review by the State and the final review for the Courthouse addition with the Historic Commission will be tomorrow night. Mr. Baldwin stated that the project will go out for bid in January with construction to begin in March. A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to accept the report as information and approve the plans as presented. Commissioner Gordon expressed a concern with not having a master plan for long-term court facilities. Her vote is not against these facilities but she feels the County needs to adequately plan for the future. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) B. ORANGE COUNTY PARTICIPATION IN RESEARCH TRIANGLE ASSOCIATION A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the resolution as stated below signifying Orange County's joining the Research Triangle Regional Partnership, appropriate $7,050 from the Commissioners' contingency account for Orange County's first six months contribution to the RTRP, confirm the appointment of the Orange County Economic Development Director to the RTRP Board and to consider appointing two more members to the RTRP Board of Directors at the next meeting. RESOLUTION TO JOIN RESEARCH TRIANGLE REGIONAL PARTNERSHIP WHEREAS, a bill directing the N.C. Department of Commerce to develop a program promoting expansion of economic development efforts for all Counties in the State to participate in and benefit from organized regional economic development activities was ratified in 1994; WHEREAS, each County participating in an assigned region is eligible to dedicate a State funding allocation (based on distress factor) to that region; and, WHEREAS, the Raleigh-Durham Regional Association was assigned 14 Counties 6 to promote regional economic development; and WHEREAS, the Raleigh-Durham Regional Association will be known as the Research Triangle Regional Partnership; and, WHEREAS, the allocation from the State shall be used for administrative and operating expenses of the Research Triangle Regional Partnership, marketing, advertising, promotion and economic development activities to secure jobs and new investment in the region served by the association; and, WHEREAS, in the event that a request is not made by Orange County to dedicate the State allocation to the regional organization, the State allocation reverts back to the State. NOW, THEREFORE, BE IT RESOLVED, that Orange County hereby joins the Research Triangle Regional Partnership for promotion and economic development activities, consistent with Orange County's economic development goals further described and in accordance with section 28.7 of Senate Bill 1503. Commissioner Gordon expressed a concern about the proliferation (fragmentation) of regional associations like Triangle J COG, and questioned the need for a new organization especially since Triangle J COG has just been restructured in part to address the issue of economic development. VOTE: AYES, 4; NOS 1 (Commissioner Gordon) C. PROPOSED ZONING ORDINANCE TEST AMENDMENT FOR THE ESTABLISHMENT OF IISE REGIILATIONS FOR BORROW PITS FOR FEDERAL AND STATE HIGHWAY PROJECTS This proposed amendment to the Zoning Ordinance would allow a borrow pit associated with a state or federal highway construction project as a use permitted by right in all zoning districts. It would require the submittal of a proposed debris recycling program, or a statement as to why material will not be recycled per Commissioner Willhoit's suggestion on October 5, 1994. A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the proposed revision to require submittal of a proposed debris recycling program, or a statement as to why material will not be recycled. VOTE: UNANIMOUS D. ADVERTISEMENT _- NOVEMBER 30. 1994 PUBLIC HEARING Marvin Collins made reference to the advertisement and indicated that item 9d(a) will be changed to add the example he cited in his memo and the terminology will be changed accordingly. A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the advertisement for the November 30, 1994 Quarterly Public Hearing as presented in the agenda and amended above. VOTE: UNANIMOUS X. REPORTS A. REPORT ON I-40/OLD NC HIGHWAY 86 WORK GROIIP RECOMMENDATIONS Planning Director Marvin Collins summarized the recommendations as listed on page five of the agenda. He made reference to a map showing the proposed I-40/Old NC 86 Economic Development District (EDD) and identified the development areas. The Work Group did not reach consensus on whether or not water and sewer service should be extended to serve the south side of I-40. They identified four options as listed on pages six and seven of the abstract. Commissioner Halkiotis reported that annexation was discussed several times. He feels that the specter of annexation makes it all that much more important to work cooperatively together and plan together with the people who live in that area, for the Town of Hillsborough and for the County. Commissioner Gordon expressed a concern about water and sewer south of I-40 which will be needed for economic development. She feels that pressure will be exerted on the Rural Buffer and, therefore, would prefer to have less intense development south of I-40. In subsequent discussion it was suggested that an option which provides for a threshold for development north of I-40, before extending water and sewer south of I-40, would be desirable. Commissioner Willhoit stated that the Land Use Plan and zoning should be the driving force for development and not the availability of water and sewer. The Board agreed to take to the Quarterly Public Hearing, scheduled for November 30, the four options as presented in the agenda and to include the option using a threshold. The report was received as information. B. EMERGENCY FAMILY BHELTER AND SUPPORT TA$R FORCE FEABIBILITY STUDY Jackie Shelton Green, Co-Chair of the Task Force, gave this report. The Task Force determined that there is a critical need for shelter and support for homeless families and for battered women and their children. They feel that the optimal design for meeting the needs of homeless families, including battered women and their families, is a transitional residential facility. She gave statistics for the InterFaith Community House. It was the consensus of the Board to have this Task Force remain active and that this report should be shared with the Human Services Advisory Committee and other governmental bodies. The Board received this report as information. C. ORANGE COIINTY ARCHAEOLOGICAL SURVEY Don Belk, Special Project Planner, stated that an archaeological survey of a portion of Orange County was completed by Randy Daniel of the Research Laboratories of Anthropology, University of North Carolina. This is the completion of the third phase of the County's historic preservation program. Dr. Randolph Daniel reported that 2,912 artifacts were recovered from 151 sites. Most artifacts were prehistoric in nature, dating prior to AD 1000. They focused on two water drainages, namely, Little River and Back Creek. The most efficient survey method is to walk in cleared fields in the winter. They looked at 480 acres and found 151 sites. The artifacts represents almost all time periods. They ended up with a model which showed high, medium and low density areas in the County. The survey will help the Planning Staff to predict potential impact zones for future planning. The report was received as information. D. REPORT ON THE INFORMATION HIGHWAY PROCESS John Link stated that it was not feasible for the County to apply for funding during this cycle and that County staff will work with the schools and develop a plan for the next funding cycle. The Board received this report as information. 8 XI. APPOINTMENTS A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to nominate Cheryl Howie to the Orange County Planning Board for an unexpired term ending March 30, 1997. Commissioner Gordon nominated Chris White. VOTE ON NOMINATIONS: Cheryl Howie - 4 votes and Chris White - 1 vote (Commissioner Gordon) XII. MINIITEB - NONE XIII. CLOSED BESBION ORANGE COUNTY VS JIMMY F. CONNER, LINDA K. HOLCOMB AND CONNER CONSTRUCTION & TRUCKING COMPANY; JIMMY F. CONNER VS. ORANGE COUNTY BOARD OF ADJUSTMENT A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to adjourn into Closed Session for the purpose of discussing with the County Attorney the litigation of Orange County versus Jimmy F. Conner, Linda K. Holcomb and Conner Construction & Trucking Company; Jimmy F. Conner vs. Orange County Board of Adjustment. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to reconvene into open session. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to employ Womble Carlyle to represent Orange County and the Orange County Board of Adjustment in the lawsuit of Orange County vs Jimmy F. Conner, Linda K. Holcomb and Conner Construction & Trucking Company; Jimmy F. Conner vs. Orange County Board of Adjustment. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items Carey adjourned the meeting. Tuesday, November 15, 1994 at in Carrboro, North Carolina. Beverly A. Blythe, Clerk to be heard by the County Commissioners, Chair The next regular meeting will be held on 7:30 p.m. in the OWASA Community Meeting Room Moses Carey, Jr., Chair