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HomeMy WebLinkAboutMinutes - 19871102- ;7 ..... ~ ~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 2, 1987 The Orange County Board of Commissioners met in regular session on November 2, 1987 at 7:30 p.m. in the courtroom of the Old County Court- house, 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: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Interim Management Analyst Andi Reynolds, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Tax Assessor Kermit Lloyd and Planner Don Powell. A. BOARD AND MANAGER'S COMMENTS Chair Marshall acknowledged receipt of a petition from several citizens who live in the Sedgefield-Stoneridge area asking for a reduction in the speed limit on Whitfield Road to 45 mph. This petition will be for- warded to the Department of Transportation. Commissioner Hartwell deleted the duplicate request for tax refund for George W. & Juanita Sykes as included in item F1. Chair Marshall moved F3 from the Consent Agenda to item G2A - Adver- tisement for the Joint Public Hearing. She added to Item F2 "and authorize the Chair to sign". - B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Dr. Kenneth R. Meardon requested to speak to item Gl - Joint - Planning Agreement. 2. MATTERS NOT ON THE PRINTED AGENDA Henry Morris made reference to his comments made to the Board members on August 3 about a person operating a garage in a residential zoning. He was told that the permit to operate a business had been revoked. Mr. Martin, owner and operator of this garage, appealed the revokation and a hearing before the Board of Adjustment was set far October 12. On October 7, the permit was reinstated. He has since been given different information on what is and what is not permitted to take place on this property. Chair Marshall asked that the Administration contact Mr. Morris this week in an effort to resolve this problem with a full report to the Commissioners. Ben Lloyd questioned the status of his request for reimbursement for expenses incurred while he was a County Commissioner. Chair Marshall referred this inquiry to the Administration. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the minutes for July 6, 1987 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the minutes for October 5, 1987 as ca.rculated. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley Marshall read the Public Charge. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORT ON THE SMOKING SURVEY (A copy of this survey is in the permanent agenda file in the Clerk's. Office.) Andi Reynolds briefly outlined the procedure that was followed by the Committee in doing the survey and the involvement by County employees. She stated that the survey indicated that two thirds of those who participated in the survey are non-smokers. It was the consensus that the committee bring back to the Board a recommendation early in 1988. F. ITEMS FOR DECISION -- CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Carey that the items on the consent agenda be approved as listed below: 1. TAX REFUNDS RE UEST Approve the following refunds: 1. George W. & Juanita Sykes, Account #5071 $ 44.71 2. Structure Plus, Account #101820 $ 113.90 3. Claire P. Sanders, Account #96913 $ 71.44 4. Rainbow Water Service, Inc., Account #73541 $ 84.15 5. William D. Sawyer, Account #94731 $ 485.50 2. CHANGE ORDER - EFLAND CHEEKS SANITARY SEWER To approve a change order in the amount of $10,471.00 and an extension of the contract date 20 calendar days at the end of Phase II. This change order will allow the contractor to complete the soil test borings and casting installation under U.S. 70 along Line 1B. 3. ADVERTISEMENT - NOVEMBER 23 1987 PUBLIC HEARING This item was removed from.the Consent Agenda and placed on the agenda as item G2A. 4. JAIL REPORT Received as information. 5. BICYCLE FACILITY RECOMMENDATION To authorize the Chair of the County Commissioners to recommend to NCDOT that secondary roads improvement projects in urbanized areas be consistent with bikeway plans adopted by Chapel Hill and Carrboro. G. ITEMS FOR DECISION - REGULAR AGENDA 1. JOrNT PLANNING AGREEMENT Chair Marshall pointed out that the process is that the Joint Planning Agreement must be approved by Carrboro and Chapel Hill. They have approved identical Joint Planning Agreements and have forwarded them to the Board of Commissioners for consideration of approval. In order for this Agreement to become effective the Board must adopt the identical agreement. She stated that there is always an opportunity to amend the agreement. Planning Board Chair Barry Jacobs noted that at their special Planning Board meeting held on October 28th, the concerns raised by the residents of Fox Meadow were discussed at length. There are merits that should be addressed. However, the Board felt it was too late a.n the process to make adjustments and that there are other variables that the residents of Fox Meadow had not considered. The Planning Board recom- mended that the Agreement be approved and that the Flanning Board Chair and the Planning Director send a letter to the residents of Fox Meadow explaining the process and offering assistance should the residents want -- to pursue the matter. Ken Meardon expressed frustration with the process and suggested getting the people who are directly involved brought into the process earlier. He questioned how the concerns of the citizens in Fox Meadow could, if they are not good enough now to amend the process, be good enough to amend the process at a later date. He asked that the Agreement not be approved as it now reads. Chair Marshall expressed understanding of the concerns expressed by the residents in Fox Meadow and explained that there are procedures for amending the Joint Planning Agreement. Commissioner Willhoit noted that the concerns were heard at the public hearing and that it was not too late in the process to receive that input. Everybody was receptive to finding a way to address those concerns and what was proposed by the Planning Directors was a resolution that states that Carrboro will not annex the area in less than 10 years. He emphasized the importance of moving ahead with the approval of the Agreement and informed Mr. Meardon that an amendment may be pursued in accordance with the process as outlined in the Agreement. He suggested that the residents may want to present a petition for voluntary annexation to Chapel. Hill which would then go to public hearing in the three juris- dictions to see if they would be willing to modify the agreement. Commissioner Halkiotis empathized with the Fox Meadow residents and stressed how important it is for those citizens in the outlying areas to be involved in those municipalities, in the government and on the Planning Boards. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Hartwell to approve the recommendation of the Planning Board to approve the Joint Planning Agreement as presented on October 14, 1987 - '' including the technical corrections recommended by the County Attorney and authorize the Chair to sign. Adjustment of the western boundary of the Carrboro Transition Area 1 is not recommended, since a separate public hearing would be required to change the boundary. VOTE: UNANIMOUS. 2. OPEN SPACE PLAN - RE VEST FOR PROPOSALS Marvin Collins presented for consideration a draft request for proposals for the preparation of a comprehensive open space plan for Orange County. He outlined the request and the scope of work to be performed. He presented a tentative time schedule with a projected beginning date of January 5, 1988. The Planning Board recommended approval of the proposed Request for Proposals and the time schedule/methodology for consultant selection. The Planning Board Chair recommended that the Advisory Committee include representatives of the University of North Carolina and other utility companies such as Duke Power and Piedmont Electric. The Administration recommends approval as recommended by the Planning Board. Recommendations for representation on the Open Space Technical Advisory Committee will be presented at the November 17, 1987 Commissioners meeting. Motion was made by Commissioner Willhoit seconded by Commissioner Halkiotis to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 2a. ADVERTISEMENT FOR THE NOVEMBER 23 1987 JOINT PUBLIC HEARING Marvin presented for consideration of approval the legal notice for the public hearing on November 23, 1987. ~, Chair Marshall noted that one problem in approving the advertise- ment is that, without background information for the items listed, it is difficult to ascertain if the correct wording has been used and if the item is ready for public hearing. She asked that background information be distributed for all items that deal with policy or a change in the^~-, Ordinance. Marvin Collins agreed to comply with this request. Motion was made by Commissioner Carey, seconded by Chair Marshall' ' to approve the advertisement for the November 23, 1987 Joint Public Hearing as presented by the Planning Director. VOTE: UNANIMOUS. 3. PINEY MOUNTAIN - REVISED APPROVAL OF PRELIMINARY PLAN Collins presented for consideration a revision to the preliminary plan approval of Piney Mountain, a cluster subdivision located on Mt. Sinai Road. 0n August 18 the Soard of County Commissioners approved the pre- 1ima.nary plan for Piney Mountain Cluster Subdivision subject to e~,even conditions. Among the. conditions were the following: (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. The applicant has requested that condition #4 be deleted from the approval. The Department of Transportation changed its recommendation and has said that the left turn lane on Mt. Sinai Road is no longer needed. The Administration supports the position of the Planning Board and recommends that condition #4 be removed from the approval of the pre- liminary plan for Piney Mountain Cluster Subdivision. Motion was made by Commissioner Hartwell seconded by Commissioner Carey to approve the Administration and Planning Board recommendation. --,-~ VOTE: UNANIMOUS. 4. SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-3wc-8 MARGINAL ~'' STREETS Collins presented for consideration a proposed amendment to Section IV-B-3-c- 8 of the Subdivision Regulations. The proposed amendment would specify forms of common or restricted access to lots in new subdivisions along major roads. The amendment is intended to provide more control over the number of access points created along major roads, thereby reducing conflicts between through traffic and turning vehicles. The Planning Board voiced two concerns and recommended that the pro- posed amendment be referred back to the Ordinance Review Committee far further consideration. The Administration concurs with the Planning Board recommendation. Motion was made by Commissioner Hartwell seconded by Commissioner Carey to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 5. SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-3-c-10 DRIVEWAYS Marvin Collins presented for consideration a proposed amendment to Section IV-B-3-c-10 in the Subdivision Regulations. This Section is a new paragraph which would place restrictions on the number and location of driveways that will be allowed in new subdivisions. The amendment is in- tended to provide more control on the number and location of driveways along major roads, thereby reducing the number of conflicts between through traffic and turning vehicles, and maintaa.n the safety and traffic carrying capacity of major roads. The Planning Board recommended approval of the proposed amendment with minor revisions to clarify the meaning of the amendment. The Admin- istration concurs with this recommendation. •~-~~--- Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 6. ADDITION OF WTLHELM DRIVE IN KERLINGTON SUBDIVISION SECTION ONE TO THE STATE-MAINTAINED ROAD SYSTEM Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the petition from NCDOT for approval of the addition of Wilhelm Drive in Kerlington Subdivision Section One to the State maintained Secondary Road System. VOTE: UNANIMOUS. 7. WATERSHED PROTECTION Chair Marshall presented a request from the Town of Carrboro that the Board of Commissioners consider additional steps for protection of the watershed: (1) Establish a moratorium on septic systems for major subdivi- sions in the watershed. (2) Develop a policy regarding alternative sewage treatment systems in the watershed. The Town suggested that the Intergovernmental Work Group may be an appropriate mechanism to address the issues. Planning Board Chair Barry Jacobs stated that in the proposed water and sewer policy, the Board tried not to single out any one watershed for special consideration or special lack of consideration. He requested that any policy under consideration be considered in the frame- work of applying it to every watershed in the County and asked that any policy of this nature be referred to the Planning Board before final adoption by the Board of Commissioners. Commissioner Willhoit opposed a moratorium on septic systems and asked if there was a process in place to defer a request that may be rec- eived for a subdivision with septic tanks until the study is completed. Commissioner Carey stated that a moratorium assumes knowledge that is not a known factor at this point in time that would form the basis for the action. He agreed that the matter should be considered by the Planning Board before a moratorium is considered. County Attorney Geoffrey Gledhill stated that since a moratoria seeks to impose restrictions on development for which there has been no public hearing, there is a conflict with the law which says you cannot amend your local land use regulations without a public hearing. He discourages imposing moratoria without a publa.a hearing. Barry Jacobs stated that an attempt was made to address the community septic systems in the proposed water and sewer policy. One of the recommendations was that the Commissioners direct the County Manager to investigate community systems. This topic could be included in the public hearing on the water and sewer policy. Chair Marshall clarified that while community septic systems may not become part of the water and sewer policy, that it will not be dropped completely but will be considered as a separate item. It was the consensus of the Board to notify Carrboro that the County Attorney advised against a moritorium and that the issue will be addressed by a study group convened by the County with technical support from OWASA. 8. PROPOSAL FOR A STUDY GROUP TO CONSIDER OWASA'S ROLE IN OPERATION OF COMMUNITY WATER AND SEWER SYSTEMS Orange Water and Sewer Authority proposes that Orange County con- vene a committee of representatives from Orange County, Orange Water and Sewer Authority, Carrboro and Chapel Hill to give guidance as to the r3 -7 ~~operation and/or ownership of community water and sewer systems. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Hartwell to approve the request from OWASA to convene a study group with technical support to be provided by OWASA. VOTE: UNANIMOUS. 9. JTPA SERVICE AREA DESIGNATION Beverly Whitehead explained that the Job Training Partnership Act (JTPA) allows the Governor to redesignate service delivery areas every two years. Any new designation will commence for Program Year 1988. She explained the criteria for redesignation of new service delivery areas and stated that the consortium with Durham has not been optimum for the County in meeting local needs and addressing. local problems. The Administration recommends that Chatham and/or Person Counties be contacted to determine their interest in a joint JTPA Program. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to authorize the Manager's Office to contact Chatham and/or Person Counties to ascertain their interest in joint participation of a JTPA Program. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: COUNTY ADVISORY BOARD ON AGING -James Singleton DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE -- Chester J. Cavallito, Barbara Chavious and Ruth Ferguson ORANGE COUNTY PLANNING BOARD -Abbie Dickinson I. ADJOURNMENT With no further items for adjourned the meeting. The next 17, 1987 at 7:30 p.m. in the Hill, North Carolina. the Board to regular meeting courtroom of the -_-~ f consider, .Chair Marshall' ~, will be held on November l old Post Office, Chapel '-`' Shirley E. Marshall, Chair Beverly A. Blythe, Clerk MINUTES ORANGE COUNTY BOARD OF COMMISSrONERS REGULAR MEETING NOVEMBER 17, 1987 The Orange County Board of Commissioners met on November 17, 1987 at 7:30 p.m. in the courtroom of the old Post Office, Chapel Hill, NC. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Stephen Halkiotis, John Hartwell and Don Willhoit. BOARD MEMBER ABSENT: Commissioner Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Interim Management Analyst Pamela Jones, Clerk to the Board Beverly A. Blythe, Social Services Director Marti Cook, and Commission for Women Coordinator Andi Reynolds. A. BOARD AND MANAGERS COMMENTS Chair Marshall made the following changes to the agenda: 1. Delete item G2 - Water and Sewer Policy. This item will be placed on the December 1 agenda.