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HomeMy WebLinkAboutMinutes - 19870415~; i ~ ~_ ~•~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING FROM APRIL 6, 1987 HELD APRIL 15, 1987 ----o The orange County Board of~Commissioners met to continue the meeting from April 6, 1987 on April 15, 1987, 11:00 a.m. in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS - PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and Bill Laws, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious,and Tax Supervisor Kermit Lloyd. PUBLIC CHARGE Chair Shirley Marshall read the Public Charge as stated on the agenda facesheet. LOCAL LEGISLATION TRANSFER TAX LEGISLATION (A complete copy of the proposed legislation is in the permanent agenda file in the Clerk's Office). Geoffrey Gledhill reviewed the changes as requested by the Board members on April 6. They are as follows: (1) The election to exempt from the tax imposed an amount up to $50,000 which is an arbitrary figure. This would be .determined annually by resolution. (2) To exempt from the tax an interest in real property to a not-for-profit organization. He addressed concerns with this provision in a letter to the Board dated April Y0. (3) The composition of the Land Transfer Tax Appeals Board in case there is an election by a municipality not to participate in the distribution of the tax money. (4) A clause which indicates that the proceeds can only be used for capital expenditures for which the local government that gets the money is authorized by law to use the funds. (5) Municipality opt out provision. It was agreed that this provision should be an opt in provision whereby a municipality may, by resolution, elect to receive their ~~ distributed share. Gledhill distributed with the bill a chart showing each of the methods for distribution that were discussed at the Board's April 6 meeting. Commissioner Hartwell commented that the bill will be difficult to pass. He suggested putting a $50,000 floor which could not be changed without legislative action. He proposed deleting from the bill the not-for-profit organizations exemption and the Board members agreed. Commissioner Willhoit stated support for the bill because of the money it will generate to meet the needs of the County. To put a dollar figure in the bill is inappropriate and to raise or lower that figure would necessitate a legislative action. Maximum flexibility is important so that the County can make the decision on the amount of the floor. j ti Commissioner Carey emphasized that the bill will not produce ~ -~ enough revenue to enable the County to address the major capital needs of the County. He suggested placing a maximum floor with the flexibility of choosing an amount up to that maximum. Chair Marshall described a situation in which the original purchaser pays the tax and the developer pays nothing and noted that setting a floor does not represent fairness in the bill. Commissioner Halkiotis spoke in support of not setting a floor in the bill. hermit Lloyd suggested that a cap, if one is used, be tied to the present amount of the Homestead Exemption for only those properties that presently qualify for this exemption. This would have a small eroding effect'on the purpose of the bill because very few of the elderly or handicapped ever sell their property. There was a consensus that this is a good suggestion and one that should be pursued. Commissioner Hartwell expressed concern with not setting a floor stating that this additional cost would be a burden to many of the first time homebuyers. Commissioner Willhoit~suggested putting aside a specific amount of income from this bill into a first time buyers low interest loan pool. Chapel Hill Town Manager David Taylor reported that the .City Council did on Monday evening adopt a resolution in support of the real _ estate transfer tax. He commented on the issue of the floor stating that the exemption that corresponds to and directly correlates with the Homestead Exemption is good but encouraged the Board to not try to solve the affordable housing problem with this bill. Any kind of floor not tied to the Homestead Exemption will cause sellers and buyers to get together and do things they would not ordinarily do. He encouraged the Board to not put a floor in the bill. with reference to the -~ distribution method, the point of origin would be the most advantageous to Chapel Hi11. It may be well to write into the bill that the money ..:` will be allocated one half on the point of origin and one half on per capita basis. Motion was made by Commissioner willhoit, seconded by Commissioner Halkiotis to request the necessary legislation for the Land Transfer Tax, to set the floor as the same amount of the Homestead Exemption, to remove the reference to non-profit organizations, to state that municipalities may participate by opting in, to indicate that the proceeds will be shared with the municipalities on a 50~ by population and 50~ by point of origin basis and to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION NORTH CAROLINA - ORANGE COUNTY WHEREAS Orange County and the municipalities in orange County have experiences and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities, its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipal- ities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county. caused by rapid growth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN y~~~ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the attached bill to be effective June 30, 1987 and to apply only to Orange county. Resolved this the 15th day of April, 1987 at an "adjourned" portion of the April 6, 1987 regular meeting of the orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the 15th day of April, 1987. Commissioner Hartwell stated he will vote against the bill because of a commitment not to vote for the bill without a floor. VOTE: AYES, 4 (Commissioners Marshall, Carey, Halkiotis and Willhoit); NOES, 1 (Commissioner Hartwell). JOINT PLANNING LEGISLATION (The complete narrative is in the permanent agenda file in the Clerk's Office). Gledhill commented that the proposed .bill covers three areas. It covers the notion of allowing joint legislative authority in the Joint Planning Area. It would allow joint approval of land use plans, zoning requests, or zoning maps and also allows for joint legislative authority. The act would permit interlocal agreements to limit annexations and to create annexation boundaries. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve for submission to the local delegation the proposed legislation for the Joint Planning Area. VOTE: UNANIMOUS. SUBDIVISIONS (Continued from the April 6 Meeting) 1. WOODBROOKE SUBDIVISION - PRELIMINARY Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Woodbrooke Subdivision. The proposed cluster subdivision is located partly in Chapel Hill Township and partly in Bingham Township at the end of Meadow Lane. The property is zoned Rural Suffer and is located in the University Lake Watershed. The property contains 27.32 acres. Twelve lots with an average size of 1.5 acres is proposed for the subdivision. The Planning Board recommends approval subject to two conditions. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the subdivision subject to the two conditions as recommended by the Planning Board and the one additional condition added by the Planning Director and stated below: 1. A septic line easement for lot #8 must be provided through lot 7 into the dedicated open space area as required by the Health Department. The Recreation and Parks Director has indicated no difficulty with this arrangement. 2. A homeowners association should be established to maintain the common area. An optional approach would be to donate the land to the Triangle Land Conservancy. That organization has indicated an interest in the proposal and is willing to meet with the applicant. The Planning Director recommends that lots 1, 2, 9, 10 and 11 1 ~. ~ a, TDepartment annually as to the maintenance undertaken. Another condition requires a notation on the plat and another addresses the safety consideration. DOT has certain standards which are minimal for loadbearing structures. Thompson recommends as a condition of approval that. the bridge meet those minimal requirements which may mean upgrading the bridge. He further recommended that the dam site itself be safeguarded including fencing, and more signage. An engineers report could indicate more specifically how the spillway could be made safe for public access. Ken Thompson stated that the intent in replacing the bridge was to safeguard the public by requiring that the bridge meet the flow rate and the load bearing capacity as required by the State. A wooden structure would suffice. Chair Marshall reference a letter from Gledhill dated April 2 and the statement that he has serious questions as to whether or not this subdivision plan satisfies the subdivision regulation requirements for a private road. The Board needs to perform the analysis called for in the subdivision regulations before approving the subdivision as a private road subdivision. Greg Szymik noted the two basic criteria which determines when private roads may be allowed to exist. One is the nature and location of the subdivision including the topography of the surrounding area and the second criteria. consists of 5 conditions and a private road may be permitted when one or more of those conditions exist. The bridge at the present time does not meet State standards and, therefore, could not be accepted to the State Maintained Road System. ___ Discussion ensued on the ownership of the bridge which has not .been determined. Gledhill expressed that a concern he has with a subdivision this large, with the roads and bridge not built to State Standard, is keeping them maintained. Commissioner Halkiotis expressed a concern with the bridge and with construction equipment going across the bridge. The developer, George Lattimore, stated that one of the special design considerations was to limit the number of lots in the subdivision. There is a recognition that the bridge must be a safe structure. DOT has indicated that they will not evaluate that bridge. He offered to secure an evaluation from a private engineer. Chair Marshall indicated that information must be provided which indicates that the bridge is safe. It would help to have an engineer's evaluation of the bridge with a restriction that the plans have to be approved by DOT. It was the consensus that the condition of the bridge should be settled prior to the approval of this Preliminary Plan. Motion was made by Commissioner willhoit, seconded by Commissioner Halkiotis to deny the application. VOTE: UNANIMOUS. EQUALIZATION AND REVIEW BOARD COMPENSATION Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to compensate the members of the Equalization and Review Board at $50.00 per meeting: With no further business, Chair Marshall adjourned the meeting. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk _ _- _~ .~ ~: be revised to have an area of at beast 43;560 square .feet in each lot. The cluster provisions permit lot size reductions of no more than one- half the required minimum lot size (two acres). VOTE: UNANIMOUS. 2. FIVE FORKS SUBDIVISION - PRELIMINARY Szymik presented for consideration of approval the Prelimi- nary Plan for Five Forks Subdivision. The property is located in Bingham Township on Dodsons Crossroads South (SR 1102). Seven lots are proposed out of a 43.1 acre tract. The property is zoned R-1 and designated Rural Residential in the Land use Plan. The Planning Board recommends approval subject to two conditions. Motion was made by Commissioner Halkiotis and seconded by commissioner Carey to approve the Preliminary Plan for the Five Forks Subdivision subject to the following conditions: 1. Addition of vicinity map to plat; and 2. Addition of typical flare intersection detail with state road. VOTE: UNANIMOUS. 3. SECTION ONE MEADOWS OF ENO - PRELIMINARY PLAN Greg Szymik presented for consideration of approval the Preliminary Plan for Section One Meadows of Eno. .The property is located in Eno Township an Willett Raad (SR 15Fi8). Nine lots are proposed out of a 22.6 acre tract. The property is zoned R-1 and designated Rural Residential in the Land Use Plan. The Planning Board recommends approval subject to one condition. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan for Section One Meadows of the Eno subject to the condition that the developer meet with the Director of the Orange County Recreation and Parks Department to discuss voluntary contribution of property fronting on the Eno River for public recreation purposes. VOTE: UNANIMOUS. 4. JACK GATES SUBDIVISION - PRELIMINARY PLAN Greg Szymik presented for consideration of approval the Preliminary Plan for the Jack Gates Subdivision. The property is located in Chapel Hall township on Jack Gates Lane which is north of NC 54. Three. lots are proposed out of 25.16 acres. The property is zoned and designated in the Land Use Plan as Rural Suffer. The Planning Board recommends approval with one condition. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Preliminary Plan for the Jack Gates Subdivision subject to the condition that payment-in-lieu of dedication of land for Recreation Area an the amount of $447. This is based on 4/35th x the assessed value per acre ($3,920). VOTE: UNANIMOUS. 5. ENO RIVER ESTATES Chair Marshall referenced a letter from the County Attorney about Eno River Estates and noted she requested that the County Manager prepare a new agenda abstract which will address some of the problems identified in the letter. Ken Thompson stated that the new abstract in essence endorses the Planning Board recommendation but requires additional conditions for approval. One added condition would require that the bridge and the road be brought up to DOT maintenance standards and that after construction the maintenance be ongoing. The developer would be responsible for providing some sort of certification to the Planning