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HomeMy WebLinkAboutMinutes - 19840417;."~~ I•_ I MUTES ORAPiGE COUNTY BOAP.D OF COMriISSIONBRS APRIL 17, ].984 a The Orange County Board of Commissioners met in regular session on Tuesday, April 17, 1984 in the courtroom of the Old Post Office Building, Chapel fIill, North Carolina. Comrissioners Present: Don ti5iillhoit, chair, and Commissioners Ben Lloyd, Shirley Plcrshall, Norman Fialker and Richard Y~ihitted. A . ~p~~ Conunissianer 6ihitted added a letter of request from the water resources task force created by the cagital secretary of the North Carolina Department of I;atural Resources and Community Development for discussion. Commissioner <<iillhait added (2) proclamations for Senior Citizens month and week to the agenda. ~9~FB4PL Tlaf:_ MIDI ETI~~ 1. TT~n1,,~~OT ~N T13E~RIT~TED~~Tpg _ One person indicated he would like to speak about Alexander Woods. This item was added to the agenda. 2 • Y~ ~ S31~Fp_ACENDA None B. I i fl I°lotion was made by Commissioner rlarshall, seconded by Commissioner Wliitted to approve the August 1, 1983 minutes as circulated. VOTITdG: UTdAN IPiOUS LY . I•Iotion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the February 6, 1984 minutes as corrected. VOTING: UIQANIri0US1~X . Motion was made by Commissioner t"ihitted, seconded by Commissioner Marshall to approve the February 14, 1984 minutes as corrected. VOTING: UrdAN IbiOUS LY . Motion caas made by Commissioner rlarshall, seconded by Commissioner Whitted to approve the February 21 ,1984 minutes as corrected. VOTING: UNAN IP10US LY . Motion was made by Commissioner A'hitted, seconded by Commissioner I•iarshall to approve the February 27, 1984 minutes as circulated. VOTING: UNANIIdOUS L•Y . C. ~POrrJ•r~~Lv~S Delayed until riay 7, 1984 meeting. D. YTEPIS F9F~1?F~I~Z4L~ 1 • I~P9~?~~NI~F.~IiS rrilTH_ THE_~S)Y1ZT~F~'7S~$.NF -- Commissioner 47illhoit Hated that Mebane has several areas of concerr_ to discuss with the Board. sy consensus a meeting was set for Play 16, 1984. The agenda will be prepared by the rl~yor of Mebane and Chair Willhoit and circulated before the meeting. Time and place to be decided at a later date. ~~ Chief Coak summarized the inspection report received from the Tr'.C. Department of Human P.esources. Commissioner 6Pillhoit commended Chief Cook and the Department. 3. RIaPORT - FROM DEPAP•.TT•iENT OF TRAIdSPORTF,TIOT~ OT. INTERSTATE n0 ~ Mr [ 4 2 Ted Ydaters, Assistant Administrator of the State Department of° Transportation. presented a map which indicated-the contracts scheduled for letting. The project will begin in Orange County in July, 1:`84 and is scheduled for completion during the summer of ].987. Seventy-five to eighty percent of the right-of-way has been acquired. The I-40 Interchange at 15-5p1 will have, counting the double left turn lanes on the ramp, ten lanes. On P:.C. 86 there is a gap between where the five lanes end on 86 and where it will connect onto I-40. The interchange and the bridge on I-40 will accommodate the five lanes out to the interchange. waiters indicated they are nat widening this section of Airport Road to five lanes because they had not received a request to do so. An official request or attendance atone of the state-wide meetings, which are being held in the near future, would be sufficient for consideration. He noted there is a need for this missing link, approximately one mile, and if the request is made that serious consideration would be given for addition to the program. Chairman ti~dillhoit incicated the concern expressed about the' missing link on 86 because the interstate will have the capability of carrying a large nuNaer of people and will need a stacking lane on the interstate to get people coming into Chapel Hill aff the interstate. Tn orcer, to nat disrupt this traffic flow, these problems need to be addressed well in advance of the opening of the interstate and the construction, that would further disrupt traffic flaw, needs to be - completed. The procedure for getting a light at the 4deaver Dairy Road - N.C. 86 intersection was discussed. 47i11hoit emphasized that because the traffic is backed up so far on [leaver Dairy Road and because a lot of people take a longer way to avoid this intersection that a traffic count would not be valid. [caters indicated that a traffic count was taken and in accordance with the statewide criteria did not warrant a traffic light, but that he would have a manual traffic count taken and would work with Orange County to get whatever is needed at this location. Commissioner [:arshall noted that the Board needs information so'" that when they have requests from developers for this area, the board will kno~v how to proceed in working out the planning. 4. JQ I NT ~ u~Il~llI?S_~~~N~_AI~~.BPi~1.bS.S~RB,~'~___PR~~PS~aS ( S e e ~) County ,Tanager Tien Thompson noted that last year the Board approved the Joint Planning Agreement as a means to facilitate a more comprehensive and more coordinated planning effort with the towns of Chapel Hill and Carrboro. Chapel Hi11 and Carrboro approved the agreement in November, 1983. Thompson presented the Administrative Procedures in a series of steps to implement this agreement. Philip Post, consulting engineer in Chapel Hill, sited the joint planning agreement as causing confusion and delay, and suggested that the procedure start, proceed and end with Orange County; supported the joint staff review - courtesy review; cuestianed the joint public hearing and felt the joint approval process would put an undue burden on the developer; to implement the standards of Chapel Hill would be complex, and supported the process being maintained as is with the courtesy revieo-;. Griffin Graves, Chapel Hill attorney representing several developers and landowners in the joint planning area, indicated his 1 '7 ~4 clients feel the 3 present process is adequate and serves the needs of Chapel Hi11 and Carrboro and the citizens of Orange County. He questioned the rights of the citizens in the joint plarr,ing area and stated that what you have are three Boards with three different philosophies and approvals will be delayed. He felt it unfair and unconstitutional that the Boars of Commissioners cannot approve a project if the town of Chapel Hill denies approval. _ Austin Bisbing, commerciGl real estate businessman, questioned the ability of the Planning Departments in Chapel Hill and Orange County to decide how their land use plan should be implemented that would require the people in the joint planning area to go through a procedure as proposed. Chairman ti?illhoi~ emphasized the purpose of joint planning is to come up with a coordinated plan for development. Joe Nassif, hiayor of Chapel Hill, supported the proposal because'" the }3oard of Commissioners can deny a request in an area that would ordinarily be extra territorial jurisdiction and Chapel Hill can indicate the type of development desired since eventually it will be annexed. Nassif feels that the joint planning agreement would be beneficial to the town and the county and insure good development practices whereby the people in the area would be represented. Chairman ti7allhoit indicated that a meeting will be held with Carrboro prior to the public hearing on Nay 29, 1984. Gary Seliebee, real estate broker in Chapel Hi11; e~:pressed concern about the mechanics of joint approval and the stipulations put upon the developer from both the town and the county. Chairman willhoit indicated that every effort would be made to make this work smoothly and rot increase the process time or duplication of effort. Griffin Graves e:cpressed two concerns: (1) denial by the town which ends the process and (2) the elimination of the 1--4 acre tract development. Alotion was made by Commissioner ~•;hittec3, seconded by Commissioner t.«rshall to approve the joint planning agreement placement on the t~iay Z9, 1984 agenda for public hearino with joint approval in the 20 year transistion area and courtesy review process in the rural buffer. The current land use p'_an will be used. VOTING; Ayes, 3; Noes, 2 (Lloyd anc7 walker). 5 • ~~+Z+.c.]~~QI)~i) At:,x~'4A7•_~~~+ROL RESC)i•i7~~i Ken Thompson, County t•.anager, presented .a request from Hills- borough in which they requested that the County consider expardang their - services in enforcing the Animal Control Ordinance to the municipal -- jurisdiction of Hillsborough. Chairman Y?illhoit indicated that the county collects a 54.00 per animal fee for all dogs in Orange County and proposed that the County enforce the Anir;.al Control Ordinance cvithin the town of Eillsborcugh until July 1, 1984 at which tame a decision for continuing this service vrill be made. A cartract will be entered into between Orange County and the Town of Hillsborough for 51.00 to saver the period of April 17, 1984 to June 30, 1984. btotion vas made by Commissicner [•iarshall, seconded by Commis-" sinner 4~hitted to approve she Chairman's recort,~endation to enforce the Animal Control Ordinance through June 30, 1984 and to include this rectuest ~~t: u 4 in tl~ie budget Deliberations to deterrzine responsibilities and circumstances. Frank Sheffield, tYayor of Hillsborough, supported the recommen- dation emphasizing the urgency of enforcing this ordinance. Jerry Robinson, rirector of Health, requested that the Board of Commissioners be cognizant of the workload already placed on the staff with the adoption of this ordinance and the additional workload this woula place on the two animal control officers. Chairman 1~?illhoit indicated this would be addressed at budget tine to provide the resources needed to enforce this ordinance. VOTITdG: UT~ANIMOUSLY . Thompson presented~a request for approval of the map and boundary description for the Central Orange Fire District, an area.w;thin the Orange Rural Fire Protection District, to enable its designation as a fire insurance rated District. (see r,,~Qin the permanent files for a copy of this map and boundary Description) A motion was made by Cozunissianer Yvhitted, seconded by Commis-" sinner IValker to apprave the manager's recommendation. VOTITdG: UTdAh'I- I~OUSLX. 7 - ~~~'~1~_~L~~.B~V~~L•? ~A~_~i3~3~3&LV~.--AAmES a. OATHS -- Beverly Blythe, Clerk, administered the oath of` office to the Board of Equalization and Review. - b. CITAIRFiP.Iv - I•lation eras made by Commissioner UThitted, seconded by Commissioner r5arshall that Chairman ti~Tillhoit be appointed to serve as - the Chair for the Board o£ Equalization and Review. VOTING: Cir]ADIItAOU$LY. c. DATES - Ey consensus the Board approved the following meeting schedule: tnay 15, 1984 - 5:00 p.m, June 4, 1984 - 3: DO P.t~;. June I9, 1984 - Adjournment 8 • ~?I,7 T1S~~~Q1i.II~G~$1'ST~L•I-E~ 9BAI9S~.~917T~.2],~,5~%r1~'ER Thompson presented and reviewed the three (3) proposals received for the alarm monitoring system at the orange County 511 Center: ~ SIITII.:_.~~~]~ BESCi1a~S ~~Char~ot~e, ~]~C~~ ~G'ereens o~:r~~SQC. sue. Durham,' r].C. Conformance to Equipment Specifications Yes No rIo Conformance to Contract Provisions Yes No DlO Proposed Rates initial connection charge 590,00 5300.00 annual service charge 90.00 99.DD $75.OD -.. 60.00 P•Ioticn ~•ras made by Commissioner Lloyd, seconded by Commissioner 6.7alker to approve the contract with Signal Sales and Service Company of Charlotte for the installation and maintenance of a Police/Fire Alarm Monitoring System at the Orange County G11 Center. VOTIr]G: Ayes 4; Tdoes 1 (Whitted). 9- ~.ii1`'Q~~~I7RT - "' ~_P~.Y~1~]~_^Pllala~~E&R~I>~-~BTF tiotion was made by Corir;,issioner Y?alker, seconded by Commissioner Lloyd to schedule a public hearing on the preliminary assessment resolutiar. for the Oak knob Court (SR 1605) Participatory Paving program Project for Hay 7, 198c. VOTING: Ur1ANIl'•OUSLY. - ~ ~ r7 ~ ~n ~. ~ ~ /~ 5 10. B~LJ~R~L''~D~~F~PE~~_L•'DI~EIILi~T'~..1~E.I37F~_~1A_-BRISa&~4N_P~~Y~ ~!~~C ,pATORX P~VIIdG_PROGRARi i~iotion was made by Car;u:~issioner 4]hitted, seconded by Commission- . er Marshall to approve paving (1) Brigadoon Drive from Linden Road to McDermott Drive, (2) t•icT~ermott Drive from Brigadoon Drive to Renfrew Drive, and (3) Renfre~•r Drive from P•IcDermott Drive to the end of Renfrew Drive under the Orange County Participatory Paving Program. VOTING: _ UNANII~:OUSLY. 11. ZL)idlP~~~Ai)~IP~~~QN~`1~~~~_ (~~,i~ (see page ~_ in the Ordinance nook) Susan Smith, Planner presented this for consideration by the Board. She noted that the only change recommended was the deletion of the Last paragraph of the proposed te~:t amendment: "Should the size ar configuration of the lot preclude compliance with one or more of the setback requirements, compliance with setback requirements which cannot be met cue to tat size or configuration shall not be required." tdotion was made by Commissioner Marshall, seconded by Commis- sioner ti•+hitted to approve the revised text amendment to Article l1 Nonconfformities as corrected with a notation at the bottom of section 11.11.10 to read "See 5oard of Adjustment section for appeal procedures". VOTING: UNAP]IPIOUSL`i . 12. S~PpI•E~PBJ.~-~PP~~i~L~'~I~f~tsB~TA.I.N~_Bi?ADF~I I•iotian was made by Conuaissionex ~•?alker, seconded by Commissioner Gll:itted to approve the addition of Saddle Drive in T~Jillow Ridge Subdivi- sion to the state maintained secondary road system. VOTING: UPIANIi~7OUSLX. 13. OU~DQ~_.I+1~Ii~Si~~~DBR~ GRDy~_gLt&PJ~FI~SxFL~~fYS?~T~ Thompson presented the bid results for the outdoor lighting at Cedar Grove Park and Orange High School: y~PIDD$ ~9~~~~._E~P T!ENNrS COURTS ~~ Tommy Lawrence 516,000 525,000 540,500 Electrical Contr. Holland Electrical Co.S19,864 528,833 548,000 S & S Electrical 516,646 534,300 550,946 Construction Co. E & R, Inc. 520,320 530,256 550,576 T•lotian was made by Commissioner tiaalker, seconded by Commmissioner Lloyd to approve a contract to Tonuny Lawrence Electrical Contractors, Inc. of Roxboro, N.C. for the purpose of constructing outdoor field lighting far a softball field at Cedar Grove Park and for eight (S) tennis courts - at Orange High School at a cost of 540,500 (516,500 for softball field, and 525,000 for tennis courts. VOTING: Ayes, 2; Noes, 3 (willhoit, (•garshall, and 4~Thitted) . The Tennis Courts and the Softball Field at Orange High School and their inclusion in the budget were discussed. i+IOtion was made by Commissioner Whitted, seconded by Comrai~- sioner Marshall to award a contract to Tommy Lawrence Electrical COn- txactors, Inc. of Ro~:boxo, t~.C. for the purpose of constructing outdoor field lighting for a softball field at Cedar Grove Park. VoTItdG: U2:AIiIN:OUSLX. ~ ~, 1.7 ~ 6 ld, HO~~~T~~ REF~BIL~'I'IOt~_CO~7TRAC~~_~Z]7 Motion was made by Commissioner Whitted, seconded by Comrlis- sioner f•?arshall to award three housing rehabilitation contracts: P~31:~ ~~}'a~~ &~ FzTI? &Lt9~TIi~' 123 Torain Street Gates Constr. Co. 516,762.00 113-A Faucette Inii11 Rd. Gates Constr. Co. S 7,597.00 141 Harper Street Eugene MTorrow 5 2,400.00 VOTIYdG: UPdANIt•IOUSLY 15. PEPS~~E.I)PL~~ t•Yotion was made by Cammissioner Whitted. seconded by Commis- sioner DSarshall to approve the.followiny budget amendments: (l) to budget fer construction of an enclosed walkway for Adelaide T•7alters Apartments in Chapel Hill: Appropriation - Cor.•nunity Housing Alternatives S 5,OD0 Source - Contingency S 5,000 (2) to budget for Public Defenders' Office rent and renovation Appropriation - Public Warks S 8,200 Source - Contingency S 8,200 (3) to budget for rental space fot the Employment Security Commission: Appropriation - Public ti•)orks 5 8,576 Source - Contingency S 8,576 (4) to budget for additional Social Services revenue Appropriation - Social Services 5 2,000 Source - Social Services - Subsidy Revenue 5 2,D00 (5) to budget for additional Health Department Revenue Appropriation - Health 519.046 Source - Ftealth - Platernal and Child 519,046 (6) to budget for additional Health Department revenue Appropriation - Health S 503 Source - Health - orthopedic Scoliasis c 503 (7) to budget for purchase of land and construction of vrarkshop for Orange Industries Appropriation - Transfer to Capital Projects Orange Industries 561,000 Source - Appropriation to Orange Industries 550,000 Source - Contingency 511,000 Appropriation - Capital Projects -- Orange Industries 5146,000 Source - Transfer from Ger_eral Funa S 61,000 Source - P7C Division of Vocational Rehab. 5 50,000 Source - Town of Chapel Hill S 25,000 Source - O-P-C I.iental Health 5 10,000 VOTING: UYdAPIII~IOUSLY. 16. EELb~_SEL'rER._..~~'~~_EE?9~ Thompson presentee an update on the questions brought forth at the meeting held on April 9, 1984 about the Efland Sewer Project: (1) Farmer's ~?ome Administration participation - they will contribute 50w of the total project cost less real estate interests and interest payments; ~"7~ (2) cost per home to canrect to the sewer line - a letter has been prepared to solicit bids for the connection of all homes to the sewer line; (3) e::tent of septic failure in the project area -- various surveys show that from 40-$5~. depending on the specific area, and (4) impact cf deleting interes4 income from annual operating revenue projections - the interest income has been deleted from the annual operating revenue projections. Commissioner Y?bitted noted that the rate Hillsborough will charge still needs to be determined. Chairman G•aillhoit will contact the town of Hillsborough for a meeting. There was a consensus of the Board that bids fox the connection of all homes to the sewer line will be solicited but a survey would not be i conducted. 17 . P13.~~~EQZ~_F.~~P~~~~J~8~~~9IT,.._DF ZONING . PL?91~Q~~.~.r-~Ti CHEEKS_ _~~GINSH~P Thompson presented the three alternatives for receiving addi- tional public input on the proposed extension of zoning of Cheeks Township and the G~Tater Quality Critical Area standards: 1. Direct the Planning Board to reconsider zoning proposals for Cheeks Towr+_ship for recor:rnennation to the Board of Conuaissioners. 2. Direct the Planning Board to reconsider the Cheeks Township Advisory Council recommendations before reporting back its recommendations again to the Board of Corsrissioners. 3. Create a special Ad Hoc Study Committee, composed of membershp proposed by Lindsey Efland at the April 5, 1984 meeting, ~+ith the attached charge to consider zoning proposals for Cheeks Township• including water quality critical area proposals as applied to Cheeks and all designated, existing or proposed water supply watersheds in Orange County and to make recommendations to the Planning Board. The Planning Board would in turn report its recommendations to the Board of Commissioners after considering the advice and recommendations of the Ad HOC Committee. Chairman Gvillhoit suggested accepting Alternative 1 and requested that the Planning Board consider the question. o~ citizen input and consider hove the process should involve the township advisory board or any other group and also that the Planning Board involve the Econonic Development Commission to review this proposal. Commissioner Lloyd indicated Alternative 3 as the most logical; to have an ad hoc committee make the recommendation to the Planning Board. He further recuested to have his name and Carl G~7alters' name deleted from the proposal and two other names substituted. Commissioner G-?hitted noted that a process is set up and it would do harm to set up another process outside of the Planning Board. Alice Gordon, Chair of the Planning Board, supported Alternative 1 as states; by Chairman t°;illhoit. F•Iotion was made biT Commissioner Y?alker, seconded by Commis- sioner Lloyd to accept Alternative 3. A substitute motion was rtiade by Chairman U?illhoit, seconded by Corunissioner Marshall to approve referring to the Planning Board and requesting them to review that recommendation and consider appointing a citizen group to meet v:ith them far discussion and also meet with the Economic Development Commission. VpTT17G ON THE 1.5OTT(1N Tn cTTF{G'i'TTTiTF.e AVp<;, 3. Nna~. 2 (y~alkAf apc7 L,invn) i ry ~ ! v V07.'ITv'G ON TI-IE P1pTIOT?: UTdATdTi40USLY. 18. STDD~ 4~~'~?Q~~1J~~~4~_.1~~~~k~~~7~C~~ Chairman VTillhoit recommended a work session during the budget .process to address this issue. Commissioner Lloyd sug5ested a study be made. It eras requested that the Institute of Government be contacted to furnish the Board caith - comparative information about other counties and haw they handle their legal services. This will be considered during the budget work sessions. ~~'ij2.-.,~~'~ti _- PROCL~i~'~Q~'~~_-_yS~'P720R CITI7~.~d_ IIOI3"~~'~V7EEK Tlotion was madei by Commissioner tivhitted, seconded by Commis- sioner Marshall to approve P~?ay 6 through 11, 1984 as Senior Center t•7eek in Orange County and the month of I:1ay as Senior Citizens plonth. VOTInG: UhAI~ IT30US LY . ~.Fr'II_~R~l?_ baATER__TA~FpRCE Commissioner whiffed reported that the NRCD 4~Tater Task force has requested from each unit a= government a response by May 1 on: (1) water quality critical area, and (2) soil and water conservation, (3) phosphates. The Planning Department will respond to this request. Commissioner Vlhifted requested a discussion on phosphates be placed on the agenda for May 15, 1984. ~IQIJ~f~~ 29otion by Commissioner whiffed, seconded by Commissioner Tarshall to adjourn the r.,eeting. VOTIT~7G: UNAT~TII~iOUSLY. Don willhoit, Chair Beverly A. Blythe, Clerk APPROVED 5/7/84