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HomeMy WebLinkAboutMinutes - 19870504~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGUT,AI2 MEETING MAY ~, 1987 The orange County Board of Commissioners met .in regular session on May 4, 1987 at 7:30 p.m. in the Courtroom of the old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. 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 A. Blythe, Deputy Finance Officer Ken Chavious, Community Development Director Tara Fikes, and Planners Greg Szymik and Julie Davis. A. BOARD COMMENTS Chair Shirley Marshall pointed out the two portraits located on the front wall of the courtraom of Mr. Chief Justice Thomas Ruffin and Governor William Alexander Graham and read a letter from Mr. Richard H. Jenrette officially presenting the portraits to the County. :- -Chair Marshall added to the agenda under reports (1) Animal Control Report and (2) Planning Board Report. Under appointments, Chair Marshall added an appointment to be made to the oWASA Watershed Committee. Ken Thompson announced that the Preliminary Plan for the Wolfe property had been withdrawn. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA None 2. MATTERS NOT ON THE PRINTED AGENDA Mr. Jerry Taylor, representing the orange Chatham Comprehensive Health Service in the Prospect Hill Community, referred to a letter dated April 23 which requested consideration of an appropriation of $5,000 to help build a new center in Prospect Hill. He explained that an attempt is being made to raise $50,000 matching funds to help build the Prospect Hi11 Center. He presented a copy of the plans to the Board. The Center will cost approximately one million dollars. The federal government has already programmed $250,000 and the state will give $250,000 if the community can raise $50,000. He requested that the County help with an allocation of $5,000. It was pointed out by Moses Carey that this is a community project which will serve orange County residents. It was the consensus of the Board to refer this request to the Manager asking that it be placed in the budget as a high priority. The problem of revaluation dated January 1 and the new. tax law dated Janury 2 was exp 1 a i ned . After further discussion, it was decided that additional information is needed an the inequities which have been created by the new tax law and that a decision needs to be made on the year of the next revaluation. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the minutes for February 23, 1987 as corrected. A - '') VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the minutes for March 2, 1987 as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE The Chair presented the Charge as contained in the printed agenda. PUBLIC HEARING PROPOSED CDBG APPLICATION FOR THE RENCHER STREET AREA Tara Fikes presented for public comment the proposed FY1987 Community Development Block Grant application.. The proposed activities are Acquisition, Public Improvements, Street Improvements, Relocation, and Rehabilitation of private properties. She presented a cost estimate for each of the stated activities. The total project cost is estimated at $669,475. THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENTS Mr. Corbin reemphasized the needs in the Rencher Street area and pledged cooperation for this project. Mr. William Richards asked if School Bus Garage Road will be included in the project. Tara Fikes explained that the initial project will not include this Road. Commissioners Hartwell and Halkiotis spoke in support of this project . WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Hartwell, seconded by Commissioner ''`~ Carey to approve the proposed project activities in the Rencher Street Community Development Program. VOTE; UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the local contribution of $69,475 and authorize the Chair to sign a letter of commitment to NRCD on behalf of the Board. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. DISABILITY AWARENESS DAY PROCLAMATION Motion was made by Chair Marshall, seconded by Commissioner Carey to approve the proclamation as stated below: ORANGE COUNTY DISABILITY AWARENESS DAY PROCLAMATION The past fifteen years have produced many improvements for people with disabilities. our Nation, State, and County have all participated in pro- viding increased opportunities for disabled people. Success has come through the hard work of disabled and non-disabled people joining together to break down barriers while building the chance to live with freedom and independence. This day marks a time when we should stop and evaluate past progress, and set new goals; for equality has yet to be attained. The Orange County Board of Commissioners do hereby proclaim May 4th, 1987 to be Disability Awareness Day in Orange County. Each Orange County citizen should accept the challenge: to examine local businesses, his or her place of employment, and community services for the purpose of ~ ,.a, ~;_,~1' ensuring the same opportunities are enjoyed by both disabled and non- disabled members of our County, and further, to advocate for greater accessibility until equal opportunity has been attained for every person having a disability. In witness thereof, I, Shirley E. Marshall, Chair of the Orange County Board of Commissioners do hereby set my hand and the seal of Orange County, State of North Carolina, this fourth day of May nineteen hundred and eighty seven. VOTE: UNANIMOUS. E. REPORTS - 1. EUBANKS LANDFILL OPERATION REPORT (A copy of the complete narrative is in the permanent agenda file in the Clerk's office). Mr. Bruce Heflin, Chapel Hill Public Works Director, summarized the report. The Landfill owners Group agreed that a study needs to be done to consider the shortrange and the longrange issues associated with the use and life of the landfill. Discussion ensued on the use of ash and other ways to extend the life of the landfill including raising the tipping fee. Mr. Heflin stated that the feasibility report would encompass and answer these questions. 2. SOLID WASTE TASK FORCE REPORT (A copy of the complete narrative is in the permanent agenda file in the Clerk's Office). Blair Pollock, Chair of the Solid waste Task Force made the presentation. He stated that the amount of disposal of waste increased by 23.% last year and is expected to again increase this year. He noted that the Greene Tract that was purchased for a possible landfill has not been thoroughly reviewed to ascertain if it meets all the environmental requirements. The disposal of toxic wastes has increased. Although there are eleven years left at the present landfill site, alternatives are being sought and issues are being addressed to meet the future demands. Pollock asked that the Solid Waste Task Force be placed on an inactive status until such time a citizens board is needed. Commissioner Willhoit made two corrections to the report which are so noted on the original copy in the permanent agenda file. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to receive the report as corrected and to place the Solid Waste Task Farce on inactive status. VOTE: UNANIMOUS. 3. ANIMAL CONTROL TASK FORCE REPORT Dr. Anne Gross, Chair of the Animal Control Task Force, referred to the final .task force draft proposed Animal Control Ordinance. It is hoped that this revised ordinance will effectively increase the animal control. officer's effectiveness in the control of animals. The Task Force recommends a differential licensing fee schedule for cats and dogs. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to receive the report and set the Public Hearing for May 26 at 7:30 p.m. in the new Courthouse, Hillsborough, North Carolina. VOTE: UNANIMOUS. 4. RESOLUTIONS REGARDING OVERSIGHT OF SLUDGE APPLICATION BY OWASA AND CONCERNS OVER OWASA'S AGRICULTURAL NUTRIENT RECYCLING PROGRAM Barry Jacobs presented the two resolutions as adopted by the Planning Board on April 27, 1987. 1 ~~ r~ Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the two resolutions as stated below and to request that OWASA respond to both requests. RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD REGARDING OVERSIGHT OF SLUDGE APPLICATION BY OWASA Be it resolved by the Orange County Planning Board: 1. That the Board of County Commissioners be requested to examine the question of whether the county should assume responsibility for overseeing all application of sludge in Orange County. 2. That the county be encouraged to enter into discussion with neighboring jurisdictions to develop a regional composting system. 3. That the county attorney be requested to clarify whether OWASA's Agricultural Nutrients Recycling program constitutes a bona fade farm operation. RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD REGARDING CONCERNS OVER OWASA'S AGRxCULTURAL NUTRIENTS RECYCLING PROGRAM Be it resolved by the orange County Planning board: That OWASA be requested to consider and provide specific responses to citizen concerns regarding sludge application at its next work session, particularly as it applies to properties known as "Headwaters A," "Headwaters B," and "Durham Heirs," and That the concerns to be addressed include reestablishment of a vegetative buffer and a more comprehensive environmental impact assessment regarding OWASA's entire 170 acre sludge application tract. Be it further resolved that the Orange County Planning Board: that OWASA be asked to address how and by what mechanisms it will submit to local oversight and seek public input concerning sludge application, and That these responses be forwarded to the Board of County Commissioners for its 1 June 1987 meeting. VOTE: UNANIMOUS. l._FIREWORKS DISPLAY_REQUEST to approve a request from the Chapel Hill Kiwanis Club and authorize the County Manager to sign approval form. F. CONSENT AGENDA The County Manager recommended the following action by the Board: 2. BID AWARD - SKID LOADER to award the bid for the skid loader and associated equipment to Case Power and Equipment for a sum of $1.8,087.23. The following bids were received: Case Power and Equipment Triangle Equipment $ 18,087.23. $ 19,446.70 "~a ~i .~ .::fir st »;ael 'id Wimmer & Wimmer $ 22,386.78 3. BUDGET AMENDMENT to approve the project amendment for Community Development Programs as stated below: Communit Develo ment Fund ~~~~ Appropriation - CD IV Northern Fairview Project $ 2,100 Source - Program Income $ 2,100 Appropriation - CD V Councilville Project $ 1,203 Source - Program Yncome $ 1,203 4. ABOVE ENTRY HIRING RE VEST to offer a salary above the middle of .the salary range for a candidate to fill a vacancy in the Social Services Department. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis that the foregoing action be taken by the Board. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. PUBLIC PRIVATE PARTNERSHIP CONFERENCE - FOLLOW UP ACTIONS Chair Marshall reported the conference was worthwhile. It was recommended that the locally appointed intergovernmental "13-point" watershed committee be continued and that it address a wider variety of questions. Commissioner Carey indicated his desire to have Chair Marshall serve on this committee in his place stating it was important that the Chair serve' and be informed. Chair Marshall expressed concern over the "turfism" issue and the different perceptions the officers of the jurisdictions .involved and others have of this issue. She referred to the joint planning process and the importance of planning for annexation into municipalities. She intro- duced for discussion three recommendations listed on the agenda abstract. ,.._;y Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to authorize the Chair, as a member, ex officio , of the Public- Private Partnership Steering Committee, to work towards the goals adopted by the conference. VOTE: UNANIMOUS. Commissioner Willhoit objected to the second recommendation stating that the entire Board should choose the representative of any local intergovernmental working group instead of the Chair, on election, automatically becoming an ex officio member. Commissioner Carey stated the importance of the Chair serving as an ex officio member of any group involving the three governmental units stating that this is a responsibility that goes along with being Chair. It was decided that this recommendation would be reviewed at the first meeting in December. Commissioner Willhoit objected to the third recommendation stating no need for this because no one has expressed an interest in talking about extension of extra-territorial jurisdiction. Chair Marshall emphasized that the issue was raised when talking about the swap of extraterritorial jurisdiction and it became quite clear that there was one view of this intergovernmental cooperation and that it was a territorial issue. Disenfranchisment was brought forward several times at the public hearing. She feels it important that the citizens understand that the Board is against moving people that are not in the extra territorial jurisdiction into the extra-territorial jurisdiction and that joint planning is the solution. /~ - - Motion was made by Commissioner Carey, seconded by Commissianery Hartwell to instruct County members of the working intergovernmental group to not consider, as a part of their deliberations, disenfranchisement of county citizens through placing them in extra-territorial jurisdiction but will emphasize and encourage intergovernmental cooperation to achieve planning goals. VOTE: UNANIMOUS. Commissioner Willhoit suggested that a more formal mechanism be put in place to inform each other on the Board of the various happenings on the different groups that each represent and Commiss~.oner Halkiotis suggested that this be reviewed after the budget process is finished. 2. JOINT PLANNING AREA LAND USE PLAN 1 EXPANSION OF TRANSITION AREA (2) BOUNDARY DESIGNATION -_TRANSITI.ON AREALRURAL BUFFER ;~3) ORANGE COUNTY-CARRBORO ZONING. JURISDICTION BOUNDARY Planning Board Chair Barry Jacobs presented the Planning Board recommendation as stated below in the motion for approval. Judith Wegner, member of the Carrboro Board, stated that there is a consensus on the Carrboro Board that the swap idea should not be pursued. The Board agrees with the representation suggestion and she stated that the legislation submitted provides far that representation. If the Planning Board recommendation is adopted, the. Carrboro Board will. review and provide additional comments if necessary. She emphasized that continued dialogue is very important. Commissioner Willhoit referred to the two designations to be established for Duke Forest. He questioned the rationale for indicating that those properties abutting Duke Forest will be kept out of the transition area and placed as part of the Rural Buffer. As part of the Land Use Plan this property would have a buffer as it was developed. _.: Collins indicated that the buffer would be a condition placed upon any of the land developed along the Duke Forest line. Don Epling, Associate University Counselor at Duke, stated that they are in the process of studying the purposes and goals for the use of Duke Forest land. He indicated that Duke does not object to any particular land use plan presented to date. The study will take into account haw development may impact and how that fits in. Mr. Pope spoke on behalf of one of the landowners who owns 90 acres of land south of Duke Forest. He referred to a statement made in the Planning Board minutes which talked about the densities not being consistent with the Duke Forest recommendations. Commissioner Hartwell questioned the land use designation for the future landfill site and Collins indicated that it is property that is not zoned for a land use or a landfill but is a potential landfill site. Before the property could be used as a landfill a special use permit would have to be approved by the Commissioners. .Commissioner Hartwell then requested that the status of the property be more clearly shown on County planning .maps shown to the public. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approved the Planning Board recommendation as stated below: (1) Approval of the Transition Area extension into the full. extent of the Bolin Creek basin except in Duke Forest and for those properties abutting Duke Forest, and that two designations of Transition Area be established - Transition I and II. Area I would include that area previously designated for urban expansion. Area II would include the extended area. .; -, w_ .~ a ~a Within Area I, densities from one to. five units per acre would be permitted. Within Area II, densities would be limited to one unit per acre until such time as Area I was at least 75~ developed. (The Planning Board clarified "75~ developed" to mean "developed or subdivided for development,~,~.; at densities of one to five units per acre". Development. ; refers to land coverage and not 75~ of the residential units: possible.) The Planning Board further recommends that Carrboro and Chapel Hill provide at least one seat on their Planning Boards for representatives from the Transition Area in the Towns' respective spheres of influence or areas of jurisdiction. All of the above would be contingent upon Carrboro supplying a binding agreement that it would not seek to extend water and sewer lines into University Lake Watershed prior to completion of the oWASA carrying capacity study. (2) That boundary designations delineating Transition and Rural Buffer boundaries be established. (3) That an exchange of Carrboro zoning jurisdiction in University Lake Watershed for Orange County zoning jurisdiction in the Bolin Creek Basin not be pursued further. VOTE: UNANIMOUS. - 3. DEER CROSSING PRELIMINARY PLAN Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Deer Crossing which is located on the south side of Old Greensboro Road (SR 1005) in Bingham Township. Six lots are proposed out of 12.3 acres. The property is zoned Agricultural--Residential and the LUP designation is identical. The Planning Board recommended approval. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 4. PUBLIC HEARING ADVERTISEMENT Chair Marshall questioned the advertisement for the amendment to the Land Use Plan for Little River Township. Planning Board member Chris Best explained that the only two changes being requested for which infor- mation has not been received is the possible population impact of Treyburn and any watershed protection that Durham may want Orange County to be involved in. Information is expected to be received by the public hearing. It was decided that specific references to growth and watershed protection will be included in the advertisement. Discussion ensued on Chandler Concrete. The County Attorney stated that the court decision did not address the operation but only the plans. There is potentially an advantage to continuing to encourage Chandler Concrete to request a Special Use Permit so that the entire concrete plant operation is included in .the Special Use Permit application because there are no screening requirements for their present operation. Chair Marshall suggested setting a special public hearing and if Chandler does not comply with providing the necessary application, that further action be taken. It was decided that a meeting notice far Chandler Concrete will be prepared and distributed to the Commissioners. '::. Motion was made by Commissioner Hartwell, seconded by Commissioner i __ - . --_~ Carey to establish June 1, 1987 for a public hearing. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the public hearing notice as amended for Little River with the addition of a public hearing on the proposed Animal Control ordinance. VOTE: UNANIMOUS. 5. ECONOMIC DEVELOPMENT PRELIMINARY STUDY Economic Development Director Sylvia Price indicated the study would be done during the period of late May to August. At the same time, the Land Use Plan and the enhanced Comprehensive Plan which will have an economic development impact will be reviewed by the Planning Department. The study is expected to outline several options for the operation of the Commission in Orange County. She asked that the Board approve the concept that a Comprehensive Study is needed and approve funding of the project. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve in concept the development of a comprehensive ED plan for Orange County; and approve the preliminary study with funding to be appropriated from the Contingency Account. VOTE: UNANIMOUS. 6. JOB TRAINING modifications to the 1987, Assistant County 1987/88 Job Training Plan and several modifications dated April 28, 1987. PARTNERSHIP ACT (See agenda abstract for /88 Job Training Plan Summary). Manager Albert Kittrell explained that the Summary submitted by JTPA was reviewed by staff suggested and included in a memo to the Board Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the 1987/88 Jab Training Plan with the modifications included in the memo dated April 28, 1987 from Albert Kittrell to the Board of Commissioners and formally notify County PIC members and Central Piedmont Employment and Training Office of the Board's modifications, to approve an amendment to the Private Industry Council/Chief Elected Officials Agreement (consortium. agreement) to change the name of the Service Delivery Area and Private Industry Council from Central Piedmont to Research Triangle PIC and authorize the Chair to sign appropriate documents. VOTE: UNANIMOUS. 7. SPACE PLAN AND STATUS OF RENOVATION Assistant County Manager Bill Laws stated that all agencies scheduled to move into the new Carr Store Complex have moved with the exception of Environmental Health. He reviewed the list of change orders that were made with the contractors for the renovation of the building. and noted that moving the telephone switch equipment wauld cost $12,000 with a $3,500 reconnection fee. He outlined the renovations of the jail as suggested by Mr. Atlas from Raleigh and suggested that the probation office and Child Support Office be relocated to the Agriculture Building. Chair Marshall pointed out that the comments about Northside in the report attached to this agenda abstract indicate that another study needs to be done and the County Manager agreed. He stated that with the growth in the departments at bath the Grady Brown complex and the Northside Center that a new study needs to be done in greater detail. Toni Mason from CHR reported on her contacts with the telephone company and the fact that not all the information was given to her with relation to the cost of moving the telephone switch. Discussion ensued on`the renovation plans for the third floor of the new Courthouse. °~°,_ The Board agreed to the renovation plans for the Probation Office and left the third floor plan as previously approved. 8. N.C. DEPARTMENT._OF TRANSPORTATION IMPROVEMENT PROGRAM (Proposals from Chapel Hall and Carrboro are in the permanent agenda file in the Clerk's Office). Planner Greg Szymik presented the highway improvement requests as submitted by the Towns of Chapel Hill and Carrboro. On May 6, 1987 a public hearing will be held at the Technical College of Alamance where representatives from each of the municipalities wall be presenting their requests for highway improvements to the Board of Transportation. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the Board Chair to attend the Transportation Improvement Program hearing and speak in support of highway improvement needs as identified by municipalities as well as the County. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to authorize the Chair to present at the public hearing those items that were previously submitted and ask that improvements be made to Highway 70 at St. Mary's Road and that 8G be widened from I-85 to Smith Level Road. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: BOARD OF SOCIAL SERVICES Chris Nutter as County Commissioner HUMAN SERVICES ADVISORY COMMISSION Linda E. Boldin Ina D. Whitted Michelle Cotton OWASA WATERSHED COMMITTEE Commissioner Don Willhoit I. ADJOURNMENT With no further business to come before adjourned the meeting. The next regular meeting 1987 at 7:30 in the Courtroom of the old Post Carolina. Appointee the Board, Chair Marshall will be held on May 19, Office, Chapel Hill, North Shirley E. Marshall, Chair Beverly A. Blythe, Clerk