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HomeMy WebLinkAboutMinutes - 19861118< APPROVEb DECEMBER 16, 1986 MzNLTTE5 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 18, 1986 1 The Orange County Board of commissioners met in regular session an Tuesday, November 18, 1986 at 7:3p p.m. in the courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Vice Chair Shirley Marshall, and commissioners Moses Carey, p'r., Ben Lloyd and Norman Walker. BOARD MEMBER ABSENT: Chair Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. ,STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, EMS Director Hobby Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planner Greg S2ymik and Purchasing Director Pamela Jones, A. BOARD COMMENTS Commissioner Marshall made two corrections. to the agenda: (1) deletion of the $661 at the right of the recommendation for the Revere Road Change Order (Item F6j and (2j correct the rate of 225 to read 2.25 in~the impact statement for the Lake Orange agenda abstract. She~also deleted agenda item F5. B. AUDIENCE CONiMENT_S_ 1. MATTERS ON'THE PRINTED AGENDA Joseph H. Colclough requested to make comments about the November 3, 1986 minutes. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Carey seconded by Commissioner Lloyd to approve the minutes for the October 13, 1986 meeting as circulated. VOTE: UNANIMOUS. Joseph Colclough questioned the 5th paragraph on page 3 of the November 3, 1986 minutes. He indicated the group he represents only agreed to meet with the Ordinance Review committee and Planning Board to develop standards for new parks which address health and safety issues. After considerable discussion, it was decided that the tapes of the meeting would be reviewed by the Glerk and the minutes resubmitted an December 1, 1986. D. PROCLAMATIONS 1. HOME HEALTH Gommissione: November 30 through Matian was Walker to adopt the WEEK r Marshall read a proclamation proclaiming the week of December 6 as Orange county Home Care Week. ' made by Commissioner Carey, seconded by Commissioner fallowing resolution far Home Health Week: PROCLAMATION HOME CARE WEEK WHEREAS, home care provides a wide range of needed health and supportive services to the ill, elderly, disabled and infirm in their homes; and WHEREAS, the concept of home care is the oldest and most enduring tradition of health service delivery in the United States; and WIiEREAS, home care services help preserve one of the country's most important social values, keeping families together; and WHEREAS, mast Americans prefer far themselves and their families to remain and receive treatment whenever passible in the comfort and security of their awn homes;-and WHEREAS, there is a significant and growing body of evidence that home care services stimulate quicker and fuller recav~ries and improvements than comparable services within institutions; and WHEREAS, it is becoming increasingly evident that home care provides a cast-effective delivery system for high quality, individual health services; NOW, THEREFORE, The Orange County Berard of Commissioners, DO HEREBY PROCLAIM the week of November 30 through December 6, 1986 as Orange County Hame Care Week to coincide with the celebration of Home Care Week in North Carolina and National Home care Week; and I'urthermare, that Orange County expresses its support and appreciation of home care providers; and Furthermore, that the Orange county Board of Commissioners commends all dedicated individuals who have devoted their careers to providing high quality home care services to its citizens. This the lath day of November, 1986. VOTE: UNANIMOUS. 2. AMERICAN EDUCATION WEEK Commissioner Marshall read the proclamation in support of American Education week November 16-22. Motion was made by Commissioner Carey, seconded by Commissioner Walker to acknowledge receipt of the proclamation proclaiming November 16-22, 1986 as American Education Week as issued by Dan Lunsford for the Orange County schools. VOTE: UNANIMOUS. E. PUBLIC HEARING ON THE 3'OINT PLANNING AGREEMENT PROPOSAL Commissioner Marshall announced that the Carrboro section of the Public Hearing was not advertised and therefore a special public hearing will be scheduled at a later date with Carrboro. This public hearing will be held to receive comments on the Joint Planning Agreement proposal between Chapel Hill and Orange County. Planning Board Chair Barry Jacobs conducted the Public Hearing. PRESENTATION BY STAFF Planning Director Marvin Collins presented for the receipt of public comment the County's proposed new Joint Planning Agreement between Orange County and the Town of Chapel Hill and between Orange County and the Town of Carrboro. He reiterated the events leading to this proposal and the s main provisions of the agreement. The revised Agreement proposes a new distribution of responsibility between Orange County and Chapel Hill which will eliminate same of the administrative difficulties encountered .with the present agreement. He made reference to the Land Use plan which was adopted by Chapel Hill and Orange County at the meeting held on October 13, 1986 along with the text of the plan. Upon approval of this agreement, Chapel Hili will prepare a zoning map for the transition area employing their zoning district classification and development standards. This map will be submitted to Orange County for their consideration. Upon approval of this map, the Zoning Atlas and Zoning Ordinance will be amended to incorporate that map and the Chapel Hill development standards into the orange County Ordinance. Following adoption of the map and the development standards, Orange County will administer its ordinances, development standards, and Zoning Atlas designations in the rural buffer portion of the Joint Planning Area. Within the transition area, the Town of Chapel Hill will handle development applications including major subdivisions, planned developments and special use permits. Orange County would continue to review and comment on development applications within those transition areas and also within the Town°s extraterritorial jurisdiction. Likewise, Chapel Hill would have an opportunity to review and comment an development applications within the rural buffer. He explained the procedure for considering and approving amendments to the Faint Planning Area Land Use Plan or to the Orange County Zoning ordinance, including the Zoning Atlas. He made reference to the comments from the Town of Carrboro and noted that agreement had been reached on everything except the Land Use Plan. County Attorney Geoffrey Gledhill explainedTthat~~the +Agreementvdoes not contain any of the particular division of responsibility within Orange County or Chapel Hill that previous drafts Contained. Procedures will be determined administratively by orange County and the Towns. In answer to a question from Planning Berard member Sharlene Pikley, Collins explained that the County would be given an opportunity to make Comments on any development application within the Current entra- territorial jurisdiction and within Chapel Hill's transition areas. Also orange County would be given the right to Comment just as they would be given the same right to review and comment an any development application within- the rural buffer. The County will maintain control over any amendments to the Zoning Plan and Map which will allow those who live in the transition area to have a voice before the Board of Commissioners. In answer to a question from Harry JaCObs about density in the transition area, Collins noted that the Agreement does specify that the zoning map which Chapel Hill submits to the County must Coincide with the approved Joint Area Land Use Plan. PUBLIC COMMENTS Roy Williford, Carrbaro Planning Director, made reference. to the review of the areas outside of the transition area and Clarified that it was not meant to exclude the term rural buffer but merely a rewrite of section 2.4 of the agreement received earlier in the month. He referred to the Land Use Plan and asked if Exhibit A is the same and where the lines are drawn in terms of the lines which are currently being negotiated by the .committee of three. He asked the location of the urban transition line and if the land uses themselves would ever be amended. Geoffrey Gledhill explained that Exhibit A will serve as the Land Use Plan with the delineating lines - transition, rural buffer and the dividing line between Chapel Hi11 area of influence as it has already designated and the Carrboro area as it has already been designated. In answer to a question from Commissioner Marshall, Collins explained that the dividing line between Chapel Hill and Carrboro has not been indicated on the plan because of a desire to consider the entire joint planning area without regards to jurisdictions. At the April public hearing a recommendation was made for a proposed transition line which would follow the suburban residential boundaries. Anything designated as urban type use would be within the transition area and everything beyond that would be considered rural buffer. Jeanette Gay Eddy presented a statement on behalf of the League of Women Voters. This statement in its entirety is in the permanent agenda file in the Clerk's Office. The essence of the statement is a concern that proposed changes to the agreement are being suggested before the original agreement has yet been fully implemented. The statement emphasized that it would be desirable to have identical joint planning agreements with the the two towns. The League supports joint planning as the best process far managing growth cooperatively in the areas. of Orange County surrounding Chapel Hill and Carrboro. Commissioner Marshall clarified that any changes to the Zoning Ordinance ar the Joint Area Land Use Plan would be received for consideration by the Board who will ultimately approve any changes. Alice Gordan, former Planning Board Chair, voiced support for the original agreement. The current agreement allows the Tawn to influence the development of the area outside of its jurisdiction. It also allows County citizens to vote for the officials who determine the land use in the areas where they live. The present agreement is truly a joint and cooperative process. Gordon expressed concern with the use of the Chapel Hill standards of procedures in the new agreement. She expressed concern with the process which excludes the Board of Commissioners from being involved from beginning to end. she suggested that Chapel Hill be requested to create anew seat on the Chapel Hill Planning Board far a representative from the Joint Planning Area. She expressed concern that the new agreement does not specify an explicit role for the Orange County Planning Board and suggested they be involved with forming the administrative procedures. She noted there should be some recourse through the Orange County Board of County Commissioners if the citizens are not satisfied with the Ordinance- and the administration of the Ordinances in their area - whether it be the Chapel Hill regulations, or Orange County. WITH NO FURTHER COMMENTS THE PUBLIC BEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to refer the revised Joint Planning agreement between Orange County and Chapel Hill to the Planning Board for review and a recommendation and to continue the public hearing until December 1, 1986 for receipt of the Planning Board recommendation. VOTE: UNANIMOUS. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board; 1. AWARD OF BID: TACHOGRAPHS Award the bid for 18 tachographs to Nichols Speedometer, Greensboro, NC for a aum of $12,924. The bids received are as (allows: Argo Instruments $ 825.00 Nichols Speedometer $ 718.00 Gilmore Distributing Co. $ 891.58 2. GRADE AND STEP AUTHORIZATIONS Confirm the approval of the following: 5 ' (1) Salary Grade 78, Step 7B for the Social Services Director. (2y Unclassified (Pay Plan equivalent S.G. 72, Step 6B) for the Agriculture Extension Agent. Approve a change order far Mebane Heating and Air Conditioning to permit two thermostats to be moved from the steel- supports to a more central location and move the air duct to a centralized open area for heating and cooling efficiency at a total cost of $75Q.do and authorize the Chair to sign on behalf of the Board. 4, CONTRACT AMENDMENT FOR THE REVERE ROAb PRO~7'ECT Approve an amendment to the contract awarded to Mebane Heating and Air Conditioning for adding alternate #3 to the heating and air conditioning system. 5. ENCROACHMENT AGREEMENT - RAILROAD EASEMENT Deleted. 5. CHANGE ORDER FOR THE REVERE ROAD COMPLEX Approve a change order for D. W. Ward Construction Company for changes within the building which were unknown at the time of original contract at a cast of $3,041.00 to be paid from the contingency budgeted for this project and authorize the Chair to sign on behalf of the Board. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the forgoing action be taken by the Berard. VOTE; UNANIMOUS. G. ITEMS FOR DECISION ~~~~vL ~~~L - ~r~uiN.s.~x1NG AGREEMENT AND PROPOSED SURVEY LETTER AND UESTIONNAIRE (Copy of the contract, survey letter and questionnaire are in the permanent agenda file in the Clerk's office) Ken Thompson presented the information as contained in the agenda abstract. Jim Key, Lake Orange property owner, made reference to his deed indicating his understanding that Lake Orange Inc. owns down to 615 ft, and Orange County owns the remainder. He understands he has an easement that runs from the 62o to the 615 for flood protection and access to the Lake and expressed concern for his property from flood damage. Barbara Kindred presented to the Board a request far an environmental impact study that was requested approximately one year ago .far which she has not received a response. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the contract with Hazen and Sawyer for engineering services for the improvements to Lake orange Dam and to approve the proposed survey as amended and authorize the Chair to sign on behalf of the Board, VOTE: UNANIMOUS. 2. POLICY ON APPLICABILITY OF ZONING TEXT CHANGES TO DEVELOPMENT APPLICATIONS IN PROCESS Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the amendment to the policy as stated below. FOLICY (Amendment to the Policy dated October 6, x986) " This policy further excludes subdivisions which were being developed in phases and for which Preliminary Plat approval has been granted, which approval has not expired for at least one phase and for 6 wh~.ch .the entire project under consideration for exemption from Zoning and Subdivision Ordinance amendments has received sketch plan approval. " VOTE: UNANIMOUS. 3. MEL OAK ESTATES PHASE 4 SUBDIVISION PRELIMINARX PLAN Marvin Collins presented far consideration of approval the preliminary plan for Phase 4 of the Mel-Oak Estates. This item was tabled at the November 3 meeting. The property is located in Chapel Hill Township. Six (6) lots are proposed from 6.3 acres zoned R-1. The property is located in the Rural Buffer. The minimum lot size issue was addressed in the policy issue, agenda item G2 above. The Planning Board recommended approval subject to four (4} conditions. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the Planning Board recommendation with the following conditions: (1) That there be na further phases to the subdivision. (2) That the payment-in-lieu of recreation areas .required by Section IV-B--7 of the Subdivision Ordinance be accepted and set at $744. (3} That a landscaping plan be submitted showing trees to be preserved upon project completion, specifying their location and trees preserved in accordance with Section Iv- B-8 of the Subdivision Regulations. (4} Shaw building setback lines on individual lots. VOTE: UNANIMOUS. 4. INSPECTION FEES Marvin Collins stated that this item was presented at Public Hearing on October 6 and November 3. It was considered far adoption at the November 3 meeting and tabled. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the inspection fee schedule and the proposed amendments as presented by the Planning Director. VOTE: AYES, 2; NOES, 2 (Commissioners Lloyd and Walker). 5. LEASE OF SPACE - DRIVERS LICENSE OFFICE AND SHERIFF Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the lease for property at Plantation Plaza, Carrboro to house the Drivers' License Bureau and authorize the wave of the Sheriff's Satellite Office Pram the Old Police Building to this space and authorize the Chair to sign an behalf of the Board. VOTE: UNANIMOUS. 6. BUDGET AMENDMENT FOR THE EMS BACK--UP AMBULANCE EMS Director Bobby Baker presented statistical information on the standby status of available units in the County. He indicated that there were 102 times when it was necessary to have an ambulance in the center of the County for response. This ambulance was the last available unit in the county 36 times and 9 times this ambulance responded to a call, leaving na available unit in the County. Baker answered questions from the Berard members about non- emergency transports. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to amend the 1986-87 Budget Ordinance by the fallowing changes: GENERAL FUND Appropriation - Emergency Medical Services $ 8,000 Source - Transfer from County Capital Projects Fund $ 8,000 COUNTY CAPITAL PROJECTS FUND - :~` Appropriation - Transfer to General Fund ~ Source - Fund Balance .Appropriated $ 8,000 VOTE: UNANIMOUS. $ 8,000 7. GENERAL ASSISTANCE FUND Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the transfer of $8,000 from the Commissioners' contingency account to the Social Services General Assistance account to aid the workers laid off from Saratoga Mills. VOTE: UNANIMOUS. 8. FUND BALANCE Commissioner Lloyd .made reference to a letter dated November 7, 1986 from the Fiscal Management Section birector of the Local Government commission in Raleigh. He expressed a concern for the low fund balance and critici2ed the expenditures in excess of revenues and questioned haw this problem would be solved, Commissioner Carey indicated this issue would be addressed by the new Board. The letter makes recommendations which will be taken under advisement. The fund balance was expected to be law but will be back up to or exceeding the 8~ at the end of next year. After further discussion and comments from Commissioner Lloyd, Commissioner Marshall assured the group that this situation would be addressed with the new Board and at budget time. 9. UNIT D ME'~HODIST MINISTERS RESOLUTION Commissioner Lloyd was requested by a group of ministers to submit a resolution requesting that all proclamations have the full approval of the Board of Commissioners before they are signed. Commissioner Carey noted that it was decided last June that the matter is a policy issue that will be addressed by the new Berard. Motion was made by Commissioner Carey, seconded by Commissioner Marshall that the request be acknowledged and that consideration of the policy issue be tabled until the new board is seated. VOTE: AYES, 2; NOES, 2 (Commissioners Lloyd and Walker) Motion was made by Commissioner Lloyd, seconded by Commissioner Walker that all future resolutions come to the Berard for Board approval. VOTE: AYES, 2; NOES, 2 (Commissioners Marshall and Carey). H . AD+7'OURNMENT With no further business to some before the Board, the meeting was adjourned at 9:45 p.m. The next regular meeting will be held on Monday, December 1, 1986 in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina. Shirley Marshall, Vice Chair Beverly A. Blythe, Clerk