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HomeMy WebLinkAboutMinutes - 19860916~~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AND CONTINUED MEETING SEPTEMBER 16, 1986 The Orange County Board of Commissioners met in regular session to consider regular agenda items and in continued session to consider those items continued from the August 25, 1986 joint quarterly meeting between the Board of Commissioners and the Planning Board. The meeting was held at 7:30 p.m. in the Courtroom of the old Post office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Jr., Ben Lloyd and Norman Walker. PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs, and members Chris Best, Betty Margison, Steve Yuhasz, Sharlene Pilkey and Peter Kramer. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Clerk to the Board Beverly Blythe, Administrative Secretary Joanna Bradshaw, Director of Planning Marvin Collins and Planner Brad Tongan. Chair Willhoit moved items "C" Appointments and "D" Minutes to the end of the agenda. ~ -, A. BOARD COMMENTS Chair Willhoit acknowledged receipt of a letter from Mayor Porto,~~-~-' Mayor of Carrboro extending an invitation to the Board of Commissioners to a dinner with the Chapel Hill Town Council to discuss major issues in Jc.~nt Planning and the watershed. The meeting will be held on October 7 at 6:30 with the meeting place still to be determined. Chair Willhoit added to the agenda a resolution which the Orange County Planning Board adapted last evening asking that water and sewer lines not be extended into the University Lake Watershed until a long range policy can be developed in that regard. Commissioner Lloyd asked that twa items on the public hearing agenda, namely, the text amendment dealing with mobile homes and the inspection fee schedule be left open to receive further comments at the next regular meeting in Hillsborough. Chair Willhoit remarked that public comments on these two items would be heard and that the public. hearing on these two items would be continued as requested by Commissioner Lloyd. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Willhoit announced that those who would like to make comments on water related matters may do so at the time that item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA None. E. PROCLAMATIONS/RESOLUTIONS Motion was made by Chair Willhoit, seconded by Commissioner Walker to proclaim the Week of September 21-27 as Emergency Medical Services Week.. EMERGENCY MEDICAL SERVICES WEEK A PROCLAMATION WHEREAS, Governor James G. Martin has proclaimed the week of September 21-27, 1986, as Emergency Medical Services week in North Carolina, and WHEREAS, the dedicated employees of the Emergency Medical Services provide professional, life--saving care to the citizens of our County and persons in needs from other areas of our Country, and WHEREAS, the devoted volunteers provide basic and advanced care to sick and injured persons in our County through their many unselfish hours of training and service, and WHEREAS, the citizens of Orange County have unanimously supported the Emergency Medical Services through both taxes and generous donations, now THEREFORE, the Orange County Board of Commissioners does hereby proclaim the week of September 21-27, 1986, as Emergency Medical Services Week and encourage all citizens of Orange County to continue to support their E.M.S. program. VOTE: UNANIMOUS. 2. BRITISH ISLES GATEWAY AT RALEIGH DURHAM AIRPORT Motion was made by Chair Willhoit, seconded by Commissioner Marshall to approve a resolution in support of a British Isle Gateway at the Raleigh-Durham Airport. RESOLUTION IN SUPPORT OF A '-"' ' BRITISH ISLE GATEWAY AT RALEIGH--DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Park of North Carolina is the U.S. headquarters for several major firms with parent companies in the United Kingdom employing hundreds of United Kingdom citizens; e.g. Glaxo and Burroughs Wellcome; and WHEREAS, in the Triangle Marketing Region (eleven counties) and the __ Eastern half of N.C. served by the Raleigh-Durham Airport are located approximately twenty five British owned firms; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport to process international freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners urgently endorses the designation of the Raleigh-Durham Airport as a British Isle Gateway. VOTE: UNANIMOUS. REPORT GIVEN BY JOHN WRAY OF THE NORTH CAROLINA DIVISION OF WATER RESOURCES John Wray gave a report about the drought situation. He noted that because of the rain received in August that the water supply has increased. After considerable evaluation the yield before going into the drought exceeded 3mgd and the draft was 3.25mgd. There is an allowance for Piedmont Minerals and there are still items to be resolved in ~a~® northern Orange County in terms of some of the stream losses below Lake Orange before it gets to Corporation Lake. During extreme draught periods a significant percent of the water is lost from evaporation and transpiration and other means from Lake Orange to Corporation Lake. He..,- noted that the OWASA operating scheme is not set forth in detail in terms of how they operate their system when pumping is done from Cane Creek and the quarry. Based on the model done by the Division of Water Resources the yield from the OWASA system during the critical drought of records is 6.2mgd. It means that both north and south Orange County without system modifications or outside water import would have problems in a very severe drought. In terms of comparison, without modifications to the northern orange or a drawdown system with the percentage of time above 30~ storage, the Eno .system would be about 93~ in October and 82~ in December. He further explained that 82% of the time it would be greater than 30% full and 18~ of the time less than 30°~ full. .This does not include the steam loss. The OWASA system would be 94~ for October and 88~ for December on a 30% basis. With the modifications in the Eno system the percentage would increase to 99~ for October and 96~ for December. Because OWASA can bring in 2mgd from Durham, the stress would be in the northern end of the County without any water supplement. He mentioned that all ordinances should be reviewed and modified with serious consideration given to the optimization of the OWASA system in terms of fine tuning their operation and determining how best yields could be operated from that system. To date, this has not been done but should be as soon as possible. There are some problems experienced on the Eno River downstream which need to be resolved. In summation Mr. Wray asked that consideration be given to balancing the increased growth with the increased yield so that the systems can be improved. There is the need fora consensus to resolve a number of things and in particular in the northern part of the County in terms of water resources. Commissioner Marshall asked about the stage one triggering level of 9o'~ and John Wray indicated that this triggering point is addressed in the revised table that will be voted upon later in the meeting. He will continue to work with the County Administrators especially in terms of operating the system. Commissioner Lloyd asked Wray to explain his statement about problems in the northern end of the County. Wray explained the problem had to do with the stream gauge showing the water at a lower level than the ordinance recommended. His office had received several letters of complaint about the situation. Based on past experience and studies, he would suspect some damage to aquatic life during this period. Commissioner Lloyd asked Wray to comment on the possibility of not using Lake Orange as the sole triggering point for enacting the various stages of the Water Ordinance. Wray indicated there had been times,' particularly before Lake Ben Johnston .and Corporation Lake were drawn down, where a spilling took place and where the rules could have been relaxed. However, as soon as the spilling stopped, the optimum water yield would be that it would have to go back to that specified in the ordinance. Commissioner Lloyd explained the spillage that took place at both Lake Ben Johnston and Corporation Lake in August. John Wray noted that the average flow is 4mgd. In answer to a question from Chair Willhoit Wray explained that any system has downstream and upstream users. Some release would provide for some utilization for upstream and downstream users. G. WATER RELATED MATTERS 4. WATER SUPPLY STATUS AND ORDINANCE REVISIONS Chair Willhoit explained that the proposed revisions to the Water ~ ~~ ~~ Conservation Ordinance reverts back to the original action levels. with tha first being 80~ instead of 90~. With the approval of these revisions, the mandatory restrictions would be lifted and the voluntary measures enacted. Motion was made by Commissioner Marshall, seconded by Commissioner.Carey to adopt the modifications to the drought management plan with the stipulation that the County review the ordinance with the Division of Water Resources within six (6) months in preparation of any problems in 1987. Commissioner Lloyd expressed disapproval for maintaining in the Ordinance the use of Lake Orange as the sole triggering device to activate the stages and also for maintaining an instream flow of l.lmgd. He proposed that the Ordinance be amended to include in the section that states "in the event the water level of Lake Orange climbs to a stage 3 elevation of water below Lake Orange spillway in feet" insert and if Cor oration Lake and Lake Ben Johnston fall two feet or more below their spillwav level ,with no release from Lake Orange. Commissioner Walker seconded this proposed change in the Ordinance.. VOTE ON THE AMENDMENT: AYES, 2 (Commissioner Lloyd and Walker); NOES, 3 (Chair Willhoit and Commissioners Marshall and Carey). VOTE ON THE MAIN MOTION: UNANIMOUS. Commissioner Marshall requested that at the same time the Ordinance is reviewed that the problem of the water going over Corporation Lake and Lake Ben Johnston and the possible ways that can be handled without going in and out of stages be reviewed. Commissioner Lloyd asked that this be reviewed now instead of waiting six months. The County Manager indicated that a study had been completed and the recommendation is against any compensation or change because of the size of the two impoundments and the fact that they must be manually operated during drought periods. Chair Willhoit indicated that based on the recommendations of the State and the County Manager and the vote of the Board of Commissioners, there does not appear to be a willingness to review this item at this time. 1. TOWN OF HILLSBOROUGH RESOLUTION (A copy of the letter and the resolution is on file in the permanent agenda file in the Clerk's office) Mayor Sheffield presented and read a joint request on behalf of Hillsborough and the Orange Alamance System. The two entities requested that Lake Orange be raised by two feet. The resolution requested that a study and selection of a site for a new reservoir be done immediately. Marshall Spears spoke on behalf of a group of Lake Orange property owners. He noted that a number of people who own property around Lake Orange have used the 615 level as that which would be established for Lake Orange. He indicated that to go beyond the 615 level would mean condemnation which is expensive and time consuming. He emphasized that the overall technical problems needs to be addressed before the Lake can legally be raised two feet. The concerns as expressed by Mayor Sheffield and outlined in the joint letter were referred to the County Manager. 2. RESERVOIR SITE COMMITTEE (A complete narrative of the composition, charge and timetable is in the permanent agenda file in the Clerk's office). Chair Willhoit presented for approval the composition, charge and ~~ timetable for a Reservoir Site Committee. Commissioner Marshall made reference to the need statement and asked that the John R. McAdams report not be reviewed by the committee since the report was not accepted by the Board of Commissioners. Chair~._..~~ Willhoit indicated the work plan would be done by Hazen and Sawyer and would not include that particular report. After further discussion it was decided that the Planning Board and the Board of Commissioners would have the opportunity to review the information as it is developed by Hazen and Sawyer and that the charge would be revised at the time the contract is brought back for approval. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to establish. a Reservoir Site .Committee with the charge, composition and timetable as outlined and to authorize that a contract be developed and brought back at the next meeting for engineering services to be provided by the firm of Hazen and Sawyer, consulting engineers, based on its prior proposal and statement of fees. VOTE: UNANIMOUS. 3. LONG RANGE WATER MANAGEMENT STRATEGY COMMITTEE (A complete narrative of the composition, charge and timetable is in the permanent agenda file in the Clerk's office). Chair Willhoit proposed that a Long Range Water Management Strategy Committee be formed to identify alternatives and develop recommendations. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the establishment, charge and composition of this Committee with a report suspense date of 180 days from the date of this action. VOTE: UNANIMOUS. H. PUBLIC HEARINGS The Public Hearing was called to order. A quorum call was`~J requested. As there was. not a quorum, the public hearing was continued to October 6, 1986. I. ITEMS FOR DECISION ~ CONSENT AGENDA Commissioner Carey removed item #2 "Transportation Lease Agreement with C.A.T. Agencies" for separate consideration. The County Manager recommended the following action by the Board: 1. PLANNER III - HIRING RATE ~~ To approve a higher than entry level salary for an applicant for the position of Planner III (current). 3. TRANSPORTATION DRIVER PROVISION AGREEMENT WITH C.A.T. AGENCIES To approve a driver provision agreement with orange Enterprises and OPC Mental Health Center who are part of the Orange County Transpor- tation Development Plan. 4. RENTAL REHABILITATION AGREEMENT To amend the Agreement for Consultant Services with the Town of Chapel Hill to provide housing rehabilitation services for the Rental Rehabilitation program and authorize the Chair to sign. 5. LEGAL SERVICES FOR THE CHILD SUPPORT ENFORCEMENT PROGRAM To continue the contract for the legal services of Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave for the Child Support Enforcement Program through June 30, 1987. 6. PUBLIC HEARING - CHANGES IN THE WHITE CROSS FIRE DISTRICT To set October 6, 1986 for a public hearing on the petition to remove a portion of the White Cross Fire District and to add this area to the South Orange Fire District. ~~~~ 7. LAND RECORDS MANAGEMENT PROGRAM To accept an $8,000 grant from the State Land Records Management Program and authorize the Chair to sign Land Records Management Program state and County Agreement. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 2. TRANSPORTATION LEASE AGREEMENT WITH C.A.T. AGENCIES Motion was made. by Commissioner Marshall, seconded by Chair Willhoit to approve the vehicle lease agreements with C.A.T. agencies (JOCCA, OCCHS, and Orange Enterprises) effective October 1, 1986 through June 30, 1987 and authorize the Chair to sign on behalf of the Board. VOTE: AYES, 4; ABSTENTION,, 1 (Commissioner Carey). J. ITEMS FOR DECISION 2. ZONING ORDINANCE VIOLATION Director. of Planning Marvin Collins presented for consideration a request to authorize the County Attorney to initiate legal proceedings for a zoning violation on property owned by Central Carolina Bank & Trust Company Trustees et al of Durham, NC. A11 administrative procedures to address the zoning violation have been followed in accordance with Article 23 of the Zoning Ordinance. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the County Attorney to pursue legal action against CCB Trustees et al of Durham to remedy the violation and put those in violation on notice of the intent of the County to pursue remedies to correct zoning violations. VOTE: UNANIMOUS. 3. DATE FOR THE JOINT PLANNING AREA PUBLIC HEARING It was agreed that the rescheduled date for the JPA public hearing would be set for October 13, 1986, 7:30 p.m. in the Chapel Hill Municipal Building. 4. PLUMBING CONTRACT AWARD Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the contract as written with bonding modifications to Process Plumbing and Piping Co., inc., Raleigh, N.C., for a sum of $15,900 and to authorize the Chair to sign on behalf of the Board of County Commissioners. VOTE: UNANIMOUS. 5. EFLAND SEWER EASEMENTS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the County Attorney to begin condem- nation proceedings to secure easements for the Efland Sewer Project. VOTE: UNANIMOUS. C. APPOYNTMENTS CHAPEL HILL BOARD OF ADJUSTMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Mary-Ann Minsley as a regular county appointee to the Chapel Hill Board of Adjustment. VOTE: UNANIMOUS. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Motion was made by Commissioner Carey, seconded by Commissioner ~~~ Marshall to appoint Esther Haithcock to this committee. VOTE: UNANIMOUS. ORANGE .COUNTY COMMISSIONER REPRESENTATIVE ON THE TJCOG TELEPHONE ---~, COMMITTEE Chair Wa.llhoit offered and .accepted the responsibility of serving on the Triangle J Telephone Committee. D. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for September 2, 1986 as corrected. VOTE: UNANIMOUS. ADDED ITEM - RESOLUTION FROM THE Planning Board Chair Barry resolution as approved by the response to the current situation of water and sewer lines in resolution is stated below: PLANNING BOARD Jacobs introduced and explained. the Planning Board. The resolution is in regarding the extension or nonextension the University Lake Watershed. The RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD REGARDING WATER/SEWER EXTENSION POLICIES IN UNIVERSITY LAKE WATERSHED WHEREAS, there is disagreement and Carrboro regarding and sewer services into WHEREAS, OWASA is considering a Lake watersheds in view Federal water policy; a~ WHEREAS, OWASA is to consider among Orange policies for University Lak study of Can of development Zd a recommended states that each jurisdiction should related to water and sewer extensions is completed; and WHEREAS, the water study proposed by OWASA may County and Chapel Hill, the extension of water e Watershed; and e Creek and University to date and changes in --- interim policy which ,; _: , follow its own policies ' until the water study take as much as a year to complete; and WHEREAS, divergent policies may result in water and/or sewer extensions into University Lake Watershed during the interim period; NOW, THEREFORE, BE IT RESOLVED that the Orange County Planning Board does hereby request the Board of County Commissioners to address the Board of Aldermen of the Town of Carrboro and ask them to hold in abeyance any plans and/or proposed ordinance amendments which would allow extensions of water/sewer service into University Lake Watershed and to adhere to the Orange County policy of restricting such extensions except in emergency situations until oWASA completes the water study and a decision is made regarding the most appropriate policy to follow. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the resolution and that copies be sent to the Orange County appointees on the OWASA Board asking them to take into consideration the content and support the resolution. VOTE: UNANIMOUS. CONTINUATION OF THE JOINT PUBLIC HEARING Motion was made by Commissioner Carey, seconded by Chair Willhoit to continue the Joint Public Hearing to October 6 and place the public ~~ hearing items on the agenda first. VOTE: UNANIMOUS. - K. ADJOURNMENT With no further items to come before the Board, Chair Willhoit adjourned the meeting. The next regular meeting will be held on October 6, 1986 at 7:3o p.m. in Superior Courtroom, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk