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HomeMy WebLinkAboutMinutes - 19860707~~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JULY 7, 1986 The Orange County Board of Commissioners met in regular session in the Orange County Board of Commissioners Room (later moved to Superior Courtroom) at 7:30 p.m., July 7, 1986, Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Shirley Marshall, Moses Carey, and Norman Walker. Don Willhoit arrived at 8:10 p.m. COMMISSIONER ABSENT: Ben Lloyd. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William Laws and Albert Kittrell, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pam Jones, Economic Development Director Sylvia Price, Health Director Jerry Robinson, Planner Susan Smith and Personnel Director Beverly Whitehead. A. BOARD COMMENTS Vice Chair Shirley Marshall made three additions to the agenda; (1) E2 _ Report from Dick Helwig for the Technical Telephone Task Force, (2) G12 -- North Carolina Memorial Hospital Flight Dispatch Agreement Amendment, and (3) G13 - Report from Commissioner Carey on the Human services Report. Items G1 and G2 were deleted from the agenda and G6 and G7 deferred to the August 4th agenda. B. AUDIENCE COMMENTS None. C. APPOINTMENTS PRIVATE INDUSTRY COUN~~L Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Alan Reid Fields. VOTE: UNANIMOUS. HILLSBOROUGH BOARD OF ADJUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint James Gilchrist as the alternate on the Hillsborough Board of Adjustment. ENVIRONMENTAL AFFAIRS BOARD (These appointments were considered later in the meeting) D. PUBLIC HEARINGS 1. HEARTWOOD AT BLACKWOOD MOUNTAIN (PD-2-86') PRESENTATION BY STAFF Planner Susan Smith presented additional information on the Proposed planned development rezoning and Class A Special Use Permit request submitted by Spence and Lyn Dickinson known as Heartwood. The original site plan has been revised to address some of the concerns raised by the Health Department and location of the building sites far the duplexes. Twa letters have been received from the applicants clarifying their intent for the development and the proposed improvements. The Planning Staff has approved the site plan with the attachment of conditions as recommended at the May 27, 1986 public ~'~ a~ hearing with revisions. These are listed on pages 4 - 6 of the agenda packet. COMMENTS BY THE APPLICANT Spence M. Dickinson explained the details of the development and the environment he hopes to provide for his family and for those who live in the community. COMMENTS AND OR UESTTONS FROM THE BOARD OF COMMISSIONERS Commissioner Marshall commended Mr. Dickinson for his ideas and asked that he understand the Board has Ordinances they must comply with when considering developments for approval. His comments will be taken into consideration but his request will be considered the same as ar_y other request in accordance with the Ordinances. COMMENTS AND/OR QUESTIONS FROM „PLANNING BOARD MEMBERS Planning Board Chair Barry Jacobs asked Mr. Dickinson to elaborate on the future plans for the area that borders the Duke Forest Tract. Mr. Dickinson indicated he would contact Duke Forest to solicit their ideas for this area. Plans for the area to the north include either a cluster development for senior citizens or additional residential development. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to continue the public hearing to August 4 for the receipt of additional information from Duke University on their recommendation for the area that borders Duke Forest. VOTE: UNANIMOUS. 2. PANTRY AREA STUDY Planning Director Marvin Collins presented the recommendation of the Hillsborough Town Board on the draft Pantry Area Study Land Use Plan. This plan was presented at the May 27, 1986 public hearing and June 16, 1986 Board meeting. The Hillsborough Town Board and the Hillsborough Planning Board recommended approval. Adoption of the area study land use plan would establish development standards for the transition areas and additional protection for ,environmentally sensitive areas. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to refer the Pantry Area Study to the Planning Board for their recommendation. VOTE: UNANIMOUS. Note: Don Willhoit arrived at the meeting. E. REPORTS 1. CARRBORO JOINT PLANNING PROPOSAL The Carrboro Planning Director Roy Williford presented the draft Joint Planning Area Agreement as proposed by the Town of Carrboro. With reference to the agreement he outlined the changes proposed by the Carrboro Board of Alderman: (1) The primary boundary changes between Chapel Hill and Carrboro are located in the northern Joint Planning Area and begin on Homestead Road, north of Sewell Road intersection. Follow Homestead Road to the railroad tracks to the southern boundary of the landfill, and follow the western boundary of the landfill north to ~~~ Eubanks Road. From that point the present landfill site will be part of the eastern boundary. From that point back east toward Highway 86 to Blackwood Station and follow 86 to the northern limits of the buffer. ,-,,,, (2) Section 3.1 was changed to reflect the adoption of the ordinances themselves in each of the two municipalities. (3) Section 2.3~ was changed to allow Carrboro to administer their ordinances within their Joint Planning Area within the ten and twenty year transition zones and likewise for Chapel Hill and orange County administer their ordinance in the rural buffer area. Commissioners Willhait and Marshall both pointed out the importance of both Chapel Hill and Carrboro approving the Land Use Plan before the administration of the Plan is finalized. (4) Section 3.1 provides for the Joint Planning Advisory Commission to consist of 2 orange County Planning Board Members, 2 Chapel Hill Planning Board members and 2 Carrboro Planning Soard members. (5) The addition of Section 4 to deal with the effect of agreement on extraterritorial planning jurisdiction changes and annexation. County Attorney made reference to the above changes and made further explanatory comments and indicated it important that a Zoning Atlas or Map be agreed upon by all parties. It was the consensus that following adoption of the Joint Planning Area Land Use Plan by the Town of Chapel Hill on July 14 that a committee be established comprised of one elected official and the management staffs of each jurisdiction to meet and discuss the Joint Planning Agreement. _.. 2. TECHNICAL TELEPHONE TASK FORCE Dick Helwig, Chair of the Technical Telephone 'Task Force, reviewed the response received from the Utilities Commission to the complaint about the long distance failure and stated the response did not answer all questions.. He asked that the Board request the Utilities Commission provide a response from each of the three telephone companies involved in an effort to get all the questions answered. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the response letter to the Utilities Commission and authorize the Chair to sign. VOTE: UNANIMOUS. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: AGREEMENT BETWEEN ORANGE COUNTY AND OWASA TO PROVIDE TOPOGRAPHIC MAP SHEETS To approve a modified agreement between- Orange County and OWASA whereby Orange County will provide copies of new orthophoto base maps with topographic lines to OWASA in exchange for a $10,.000 contribution to the County's remapping project and authorize the Chair to sign. 2. AMBULANCE CERTIFICATE AND FRANCHISE (First Reading) To approve the certificate and franchise to allow for the regulation and administration of emergency medical services on the premises of Orange County Speedway as provided by County ordinance. 3. AIR AMBULANCE CERTIFICATE AND FRANCHISE (First Reading) To approve the certificate and franchise to allow North Carolina Memorial Hospital Air Ambulance Program to provide emergency medical ~~ services and transportation of patients within Orange Ccunty. 4. DEMOLITION LOT CLEARING AND HAULING SERVICES AWARD To award the demolition contract for the Councilville Community Development Project to the R. W. Jones Grading and Hauling Company for $7,900 and authorize the Chair to sign on behalf of the Board. 5. RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ANNUAL CONTRIBUTIONS CONTRACT To adopt a resolutian authorizing execution of Section 8 Existing Housing Assistance Payments Contract and authorize the Chair to sign. The resolution is as follows: WHEREAS, the Orange County Housing and Community Development Department (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "contract") with the United States of America, Department of Housing and .urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A 2903, is hereby approved and accepted both as to form and substance and the Chairman of the Board of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk of Board of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. 6. C.A.T.,VEHICLEfDRIVER LEASE RATE„SCHEDULE To approve the C.A.T. (Coordinated Agency Transportation) vehicle and driver lease rate schedule for FY 86-87 as listed below: Effective July 1, 1986, the Department on Aging and participating C.A.T. agencies have established the following Rate per Mile Schedule for leasing of C.A.T. vehicles to each other and to qualifying outside organizations. (Note: County Departments who lease D.O.A. vehicles would be charged the rate established by the County Motor Pool) 15 Passenger Van..................... $ .35 per mile 24 Passenger Minibus ................ $ .50 per mile 32 Passenger Bus ...............'..... $ .75 per mile Rates include cost of gas, therefore, receipts must be kept for reimbursement. The cost for a C.A.T. Driver is $5.00 per hour whether the driver is waiting or actually driving the vehicle. All mileage and driver charges begin when the vehicle leaves the Hillsborough Senior Center, 300 West Tryon Street. ~~~ Charges will be billed only to an approved Organization not to individuals. All vehicle release requests should be submitted to the Department on ,, Aging C.A.T. Loan Program. ITEMS FOR DECISION (NOTE: ITEMS ]. AND 2 WERE DELETED) 3. JAMES AND MYRA KIRKMAN PD-2-86 Planner Susan Smith presented for consideration of approval a rezoning request submitted by James and Myra Kirkman. The ].. 18 acres is located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S. 70 and Snterstate 85 in Eno Township. The property is located within an area designated Twenty Year Transition and Commercial-Industrial Transition Activity Node in the orange County Land Use Plan The present zoning classification of the property_is Rural Residential (R-1). The applicant is requesting the lot be rezoned to General Commercial-IV. The Planning Board recommended approval of the general rezoning. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the rezoning request from R-1 to GC-4. VOTE:. UNANIMOUS. 4. RANDY L. AND SHERRY DUNN - PRELIMINARY Planner Susan smith presented for consideration of approval the Preliminary Plan for the property surveyed for Randy L. and Sherry H. Dunn. The property is located on NC Highway 57 in Little River Township. The tract is designated as Agricultural Residential on the.,; .,, Land Use Plan. one (1) lot (4.40 acres) ~.s proposed out of 29.629 acres. The Planning Board recommended approval with the condition that `_ ' the name of the owner be indicated on the plat. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 5. WAXSTAFF PARK -- PRELIMINARY Planner Susan Smith presented for. consideration of approval the Preliminary Plan for Waxstaff Park Subdivision. The property is located in Cedar Grove Township off Mill Creek Road. Five lots are proposed out of 4.6 acres. The Planning Board recommends approval with a l0' x 70' sight triangle easement recorded at the intersection of proposed and Mill Creek Road as recommended by the Department of Transportation. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE:' UNANIMOUS. 8. AWARD SIDS FOR REVERE ROAD - COUNTY ANNEX RENOVATION Motion. was made by Commissioner Marshall, seconded by Commissioner Carey that contingent upon the adoption of the 1986-87 budget, to award the bids for renovation of the Revere Street County Annex to D. W. Ward Construction, Durham, NC as general contractor, incxuding alternates two, four and five for a total of $221,856; O'Dell Electric, Durham, NC as electrical contractor for a total of $26,124; and to Mebane Heating and Air Conditioning, Mebane, NC as mechanical contractor for a total of $19,000; and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS ~~~ 9. WATER PROJECTS - County Manager Kenneth R. Thompson presented for consideration .. of approval the list of water projects to be funded with the $242,450 provided for by Senate Bill 2. He outlined the list of proposed projects and the estimated cost of each item. Everett Billingsley, Director of OWASA, stated his concern about the timetable for the improvements to Lake Orange. He encouraged the Board to consider raising Lake Orange two feet instead of one. Chair Willhoit noted that the information he has received indicates that both the oWASA system and the Hillsborough System have the same number of days water supply left. Billingsley asked that the instream flow be cut to a minimum. Commissioner Marshall stressed the importance of working with NRCD to assure that .the County maintains the instream flow that NRCD desires. Chair Willhoit asked that additional information be formulated on the potential of using wells to augment the water supply. Chair Willhoit questioned the improvements that must be made if the Lake is raised one foot and Thompson indicated that such improvements would need to be made. - Attorney Geoffrey Gledhill noted there is a property rights issue that needs to be resolved before raising the Lake more than one foot. Bobby Nichols, President of Lake Orange Inc., questioned raising Lake orange one foot when it could be raised two feet for abaut the same amount of money and asked that the Board reconsider raising Lake Orange two feet. Betsy Tilly, property owner on Lake Orange, questioned the motives behind Nichols giving the County permission to raise the Lake two feet when it is not in the best interest of the people who reside on Lake Orange. Pat Key, resident on Lake orange, pointed out that the five feet easement is specified in the deed for flooding. She does not believe that raising the Lake two feet will solve the water problem. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the resolution as presented deleting all items relating to Lake Orange. The Resolution is printed below as approved: RESOLUTION WHEREAS, Orange County is eligible to receive $242,450 in Senate Bill 2 funds over a two year period for water projects; and WHEREAS, the Orange County Board of Commissioners have identified water supply projects as the most appropriate means of allocating Senate Bill 2 funds; and WHEREAS, Lake Orange, Ben Johnston Lake, Corporation Lake and Orange water and Sewer Authority are the water supply projects/areas requiring improvements. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of increasing the water supply for all citizens, the Board does hereby allocate Senate Bill 2 water funds to the following projects: Lake Ben Johnston ~_~ 1. znstall extension to pump shaft. 2. Install siphon to control downstream flow. 3. Modify existing trash guards at pump intake. The measures would seek to conserve and provide for a safe water ~~ supply. The total cost would be $21,000 (matching funds: State $10,500, Town of Hillsborough $10,500). Cor oration Lake 1. Install a six inch meter ($2,500)- at the point of the inter connection of Orange-Alamance Water System and the Town of Mebane Water System and a 12 inch meter ($10,000 at the point of interconnection with the Graham Water System). 2. Install siphon to control downstream flow ($1,200). Conservation of the water supply would be achieved at a cost of $13,700 (matching funds: State $6,850, Orange-Alamance $6,850). Orange Water and Sewer Authority (OWASA). 1. Design of booster pump. 2. Acquire site for pump station. 3. Acquire booster pump. These measures would assist OWASA in transferring water to Hillsborough during times of severe drought. The total cost would be $219,000 (matching funds: State $109,500, OWASA $109,500). Reservoir Studv 1. Conduct reservoir study of Seven Mile Creek and west side of '.:;~ the Upper. Eno River at a cost of $60,000 (matching funds: State '' $30,000, local $30,000). Land Acquisition for Reservoir 1. Acquire land for an additional reservoir site totalling $91,200 (matching funds: State $45,600, local $45,600). BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board fully recognizes Senate Bill .2 grant funds must be matched with local funds at the amount of $242,450 as above indicated. Cost Breakdown for Water Pro'ects Lake Ben Johnston 1. Install extension to pump shift. $ 9,000 2. Install siphon to control downstream flow. 1,200 3. Modify existing trash guards at pump intake. 10,800 Subtotal $21,000 Corporation Lake 1. Install six and twelve inch meters at the point of the inter-connection of Orange- Alamance Water system and the Town of Mebane Water System and Graham Water System. $12,500 2. Install siphon to control downstream flow. 1,200 Subtotal $13,700 Orange Water and Sewer Authority (OWASA) 1. Design of booster of pump. 2. Site acquisition for pump station. 3. Acquisition of booster pump. Subtotal Reservoir Study Subtotal Land Acquisition for Reservoir Subtotal Total Senate Bill 2 Allocation Local Match $13,000 11,000 195,000 $219,000 $60,000 $91,200 $394,900 $187,450 $187,450 Total $394,900 VOTE: UNANIMOUS. The Board indicated they would reconsider the proposed project at Lake orange when the legal questions have been resolved and further information is received on the full impact of raising the -~~ Lake two feet and the additional cost of raising it one foot now and one foot at a later date. Motion was made by Commissioner Walker, seconded by Commissioner Marshall to study the feasibility of using wells to augment the water supply and a report brought back to the Board. VOTE: UNANIMOUS. 10. WATER CONSERVATION ORDINANCE (A copy of the Ordinance is in the permanent agenda file in the Clerk's office with corrections indicated thereon) County Manager Kenneth Thompson presented for consider- ation of adoption an ordinance providing for the conservation of water during a water shortage, restricting the use of water and water withdrawals, and allocating augmented streamflow from reservoirs.. He reviewed the Ordinance making several word changes for clarification. Commissioner Marshall asked that the "non-essential construction-related activities" mentioned in Article 2 and that the "unnecessary purpose" in Article 3, B-10 be defined. After further discussion it was decided to move the "Alert" level on the chart to 90~, and move all the other levels up 10~. Mayor Frank Sheffield reported that the Town Board did adopt a Water Conservation Ordinance this evening with changing the levels, starting at 90~ and ending at 50$ at Stage V2. These will be converted to inches or feet below the spillway. The other ~~ ~~~ change was to add civil penalties starting at Stage III. Chair Willhoit referred to Table I and noted that the action levels as proposed by Hillsborough are more restrictive than those indicated by OWASA. Billingsley explained that the levels ... for OWASA are based on the supply on hand remaining. It was decided that the percentages for Lake orange would be converted to elevation levels. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to hold a special meeting of the Board at 4:00 p.m. in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina for the purpose of considering the second reading of the water Conservation Ordinance, and the Cable Franchise Transfer. VOTE: UNANIMOUS. 11. RESOLUTIONS AND OR POLICY STATEMENTS FOR THE 1986 NCACC ANNUAL CONFERENCE None. 12. NCMH FLIGHT DISPATCH AGREEMENT AMENDMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the amendment as recommended by the County Manager. VOTE: UNANIMOUS. 13. HUMAN SERVICES REPORT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint a citizens task force to develop a proposal with pros and cons including alternatives about the direction the Board should take and which of the options presented by the Assistant County Manager the Board should consider for adoption and renewing the charge of the Human Services Advisory Commission. The County Manager's office was requested to prepare a charge for the citizens task force for the next meeting. VOTE: UNANIMOUS. ENVIRONMENTAL..AFFAIRS BOARD Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Richard Andrews, Dave Moreau, Francis deFrxess, Victor Germino, Laila Moustafa, Robert Peck, Larry Reid and Ted Latta. VOTE: UNANIMOUS. Motion was made by Chair Willhoit, seconded by Commissioner Marshall to request Carl Shy convene the EAB to move the Board toward the goals as outlined in the Grant. VOTE: UNANIMOUS. Mayor Frank Sheffield announced that the Town Board passed a resolution requesting that orange County reconsider its decision regarding Lake Orange and supports raising Lake Orange two feet. H. ADJOURNMENT With no further items to come before the Board, motion was made by Commissioner Marshall, seconded by Commissioner Carey to continue the meeting to July 8, 1986, 7:30 p.m. The meeting will be held in the Board Room at Lincoln Center, Chapel Hill, North Carolina for the purpose of considering the Cable Television Franchise Transfer, the Ambulance Certificate 'and Franchise, the Air Ambulance Certificate and Franchise and the first reading of ~~ the Water Conservation Ordinance. Don Willhoit, Chair Beverly A. Blythe, Clerk