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HomeMy WebLinkAboutMinutes - 198712013~9 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 1, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, December 1, 1987 at 7:3o p.m. in Superior Courtroom, Hillsborough, North Carolina. BOARD PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Wallhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager A~.bert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Management Analyst Pam Jones, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious, Planning Director Marvin Collins, Economic Development Director Sylvia Price, and Planner Brad Torgan. A. BOARD AND MANAGERS COMMENTS Chair Marshall announced she signed two proclamations to end the voluntary water conservation restrictions for the County portion of both the OWASA and Orange Alamance service areas. Commissioner Hartwell referred to the letter written by Chair Marshall to all Boards and Commissions requesting priorities and goals for - the December 5 meeting. The top priority for the Social Services Board is -i to provide service facilities in the southern part of the County ;,! comparable to those of the northern Orange facility. The southern Orange facility is out of compliance with State statutes and improvements need to be made. The second priority is to initiate some joint planning with the municipalities to determine where there may be an overlap or duplication of human services offered by the County and the municipalities. This may be a project that could be referred to HSAC. He emphasized the importance of doing this outside of the budget process. This will be discussed on December 5 at the goal setting work session. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak wall be recognized. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the minutes for October 14 as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the minutes for November 17 as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley E. Marshall read the public charge. BOARD ORGANIZATION 1. ELECTION OF CHAIR AND VICE-CHAIR 32o Ballots were distributed by the Clerk to the Board. Shirley E. Marshall was elected Chair and Moses Carey, Jr. was elected Vice-Chair. 2. DESIGNATION OF VOTING DELEGATE FOR NCACC AND NACo MEETINGS Nomination was made by Commissioner Hartwell, seconded by -, Commissioner Halkiotis to designate Don Willhoit as the voting delegate. i for all NCACC and NACo meetings for the year beginning December 1, 1987. VOTE: UNANIMOUS. APPOINTMENTS 1. INTERIM MANAGER Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to appoint Albert Kittrell as Interim Manager. VOTE: UNANIMOUS. 2. CLERK TO THE BOARD Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to appoint Beverly A. Blythe as Clerk to the Board. VOTE: UNANIMOUS. 3. COUNTY ATTORNEY Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint the firm of Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave as the legal representative for the County. VOTE: UNANIMOUS. 4. BOARD MEMBER APPOINTMENTS No changes were made. D. RESOLUTIONS OR PROCLAMATIONS None. E . REPORTS _ _ _ 1. LONG RANGE WATER MANAGEMENT STRATEGY COMMITTEE FINAL REPORT (A copy of this report is in the permanent agenda file in the Clerk's Office) . Planner Brad Torgan presented the final report of the Long Range Water Management Strategy Committee. The committee reviewed transfer options but did not make a specific recommendation for two reasons: (1) the water providers have or are presently establishing most of the major links both within the County and with other counties except that which would link Hillsborough up with the Orange Alamance system and (2) the status quo was unable to produce an interlocal agreement between Hillsborough, Graham, Mebane and Burlington. He expounded on the management structure that would be able to best supply and manage Orange County's long range water needs. The Committee concluded that a single voice speaking for the County would best be able to .represent the long term needs of Orange County. The committee recommended the creation of a County water board which wauld in effect begin joint planning with the County's water providers, the municipalities and the County on related water issues. The committee would be composed of a member from each of the three municipalities, one from the Orange Alamance Water System, and three appointed at large by the County. The committee would initially have five basic goals with the most important one being to pursue an allocation from Jordan Lake on behalf of the County and its water providers. Commissioner Hartwell commended the members of the committee for their hard work and dedication which produced the report and recommendations. Planning Board member Chris Best requested that a member of the Planning Board be considered for appointment to the County Water Board. He emphasized the importance of this Board being properly staffed for optimum 321 results. Motion was made by Commissioners Hartwell, seconded by Commissioner Carey to accept the report in principle and to discuss the report further at the December 5 1987 work session and consider a phase II study. VOTE: UNANIMOUS. 2. RESERVOIR SITE COMMITTEE REPORT Don Cordell, an Associate with Hazen and Sawyer, presented the report. He stated that phase one of the report represents a comprehensive study of water supply needs and alternatives in Orange County. He commended both water committees for their hard work in providing the input that went into the two reports. The primary objective was to identify the best reservoir site(s) in northern Orange County that would meet the long- term water supply needs in Orange County. They also evaluated the use of Jordan Lake as an alternative to new reservoir construction. Jim. McCarthy, engineer with Hazen and Sawyer, presented charts which reflected population projections and anticipated growth in both population and water demand. Using a moderate growth projection the net deficit in water supply is 7.3 million gpd. Using a high growth projection the net deficit is 11.6 million gpd. Don Cordell listed the seven possible reservoir sites. A detailed comparison was done on four of the sites and on Jordan Lake as an alternative to new reservoir construction. He .made reference to the Executive Summary and listed the comparison of the values necessary in building a reservoir including the costs associated. The Site Committee, along with Hazen and Sawyer Consultants, recommended the construction of a reservoir on the Eno River above McGowan Creek with the eight million gpd expansion. They also concluded that the County should purchase land in the Seven Mile Creek area to meet the wildlife mitigation requirements for development of a reservoir and ', preserving land for a future reservoir site. They recommended County participation in the plans for the regional utilization of water from the " Jordan Lake. The recommendations as listed in the report are as follows: (1) Authorize preparation of detailed topographic maps. (2) Authorize phase II of the study. (3) Articulate a policy regarding growth and coordination with all municipalities within Orange County as well as their water suppliers. (4) Participate in drafting a regional plan for utilizat~.on of Jordan Lake as a means of obtaining a water supply allocation from that facility. (5) Acquire land at both site C & D since delaying that acquisition could only increase the cost of the land. CITIZEN COMMENTS Barrie Altvater Wallace spoke about her concern for preservation of the historic value of the Chatwood house, the mill and the Chatwood gardens. She asked that the County consider Jordan Lake as the solution to Orange County's future water needs. A copy of her complete statement is in the permanent agenda file in the Clerk's office. Peggy Altvater read a letter from Mrs. Helen Watkins. She related the historic value of the Chatwood home. She concluded that to wipe out this lovely and interesting area would be a great lost -- not only to historic Hillsborough but to the many visitors who come to the area. Don Cox cited the two water reports as comprehensive and thorough. He recognized the dilemma between providing adequate water supplies and the damage to environmental and significant historic values.. He offered his continued effort and support for the continuing phases of the report and implementation. 322 Motion was made by Commissioner Carey, seconded by Chair Marshall to accept in principle the report and to discuss the report further at the December 5, 1987 work session and consider a phase II study. VOTE: UNANIMOUS. Commissioner Hartwell clarified that an eight million gpd per day: ;: expansion of Corporation Lake would not threaten the Chatwood structure itself but would flood the Faucette Mill and some of the Chatwood gardens. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the items as listed below. 1. EXAMINATION OF BONDS To approve the renewal Sheriff Register of Deeds Finance Director Tax Collector of bonds as follows: -All County employees $ 25,000 $ 25,000 $ 250,000 $ 30,000 $ 250,000 2. MEETING SCHEDULE FOR CALENDAR YEAR 1988 To approve the Board of Commissioners' Meeting Schedule for calendar year ].988. This is on file in the Clerk's Office as required by the General Statutes. 3. RESOLUTION AUTHORIZING ISSUANCE OF SANITARY SEWER BOND To adopt a resolution authorizing the issuance of sanitary sewer bond anta.cipation notes for the Efland Sewer Project and authorize the Chair to sign. ' 4. BUDGET AMENDMENTS To approve the following budget amendments to the 1987-88 Budget Ordinance: GENERAL FUND Appropriation - social Services $ 18,008 Source - Income Maintenance - AFDC $ 9,004 - income Maintenance - Medicaid $ 9,004 Appropriation - Health Department $ 17,462 Source - Health Promotion $ 17,462 Appropriation - Social Services $ 209,916 Source - Subsidy -- Day Care $ 111,916 -- Contingency -- Day Care $ 98, 000 Appropriation - Social Services $ 2,713 Source - Energy Assistance-Crisis Intervention $ 2,713 Appropriation - Social Services $ 3,571 Source - Respite Care $ 3,571 Appropriation - Orange County Arts Commission $ 17,088 Source - Grassroots grants from the N.C. Arts $ 17,088 Council 5. LICENSE FEES COMMERCIAL KENNELS ANIMAL DEALERS To set the license fees far Commercial Kennels and Animal Dealers at $10..00 per year as recommended by the Board of Health. 6. CBA EXPANSION FUNDS To accept the CBA expansion funds in the amount of $4,323 with the required match of 30~ to be provided by those agencies receiving the expansion funds. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA ~z3 1. LETTER OF SUPPORT - DUKE FOREST PRESERVATION Planning Director Marvin Collins made the presentation. He stated that Mr. Gail Boyarsky, representing the "Save Duke Forest" Committee, asked that the Board of Commissioners send a letter of support for the preservation of Duke Forest to the Duke University Board of Trustees. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the drafting of a letter of support for signing by the Chair of the Board of Commissioners and the Planning Board Chair. VOTE: UNANIMOUS. 2. PHASE I - HIGHLAND DOWNS SUBDIVISION Planning Director Marvin Collins presented Preliminary Plan for Phase One of Highland Downs property is located in Cheeks Township on Highland Farm are proposed out of 21 acres. The property is. Residential and designated Agricultural Residential in Land Use Plan. for approval the Subdivision. The Road. Twelve lots zoned Agricultural the Orange County Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plat subject to four conditions: (1) Lots 1 and 12 must receive access from Downs Drive. (2) Lots 2 and 5 must receive access from Rosena Court to meet NCDOT density requirements. (3) Delete the "implied easement" extending from the cul-de-sac on Rosena Court to the eastern property line. (4) Designate the "future 50' easement" extending from the cul- de-sac on Downs Drive to the northern property line as "dedicated public right-of-way". The future extension of Downs Drive will require that the right-of-way in the cul-de- sac (above that required for a 50-foot right-of-way) be incorporated into lots 6, 7 and 8. VOTE: UNANIMOUS. 3. NASH STREET SUBDIVISION - PRELIMINARY PLAN Marvin Collins made the presentation. Nash Street Subdivision is Located in Hillsborough on the west side of North Nash Street. The tract is 2.8 acres. Nine (9) lots are proposed which average 10,826 square feet. Hillsborough zoning applicable to this site is Residential-10. The Hillsborough Planning Board recommended approval without conditions. The Orange County Planning Board recommended approval with one condition. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan with the condition that the site be inspected to determine if structures exist on the property and indicate any significant structures; i.e., residences and large accessary buildings, on the preliminary and final plats. VOTE: UNANIMOUS. 4. RE VEST TO INITIATE LEGAL ACTION - JAMES GRADY Marvin Collins requested the initiation of legal proceedings against James Grady of Route 2, Box 22, Hillsborough, NC. The property in violation is on School Bus Garage Road in Hillsborough. Mr. Grady is using a temporary saw service to supply electricity to his mobile home which violates the National Electrical Code. Efforts to resolve the matter have been unsuccessful. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to approve the initiation of legal proceedings ~~~ against James Grady. VOTE: UNANIMOUS. 5. DAWSON ROAD - SIGHT DISTANCE PROBLEM Marvin Collins stated that the Planning Staff investigated a sight ,,~ distance problem at the intersection of Dawson Road and Old Greensboro Road. They determined that there is a sight distance problem with the solution being the relocation of the Dawson Road intersection 175 feet to the east. Mr. Mills from NCDOT indicated there may be a possibility for funding this project either from the Unpaved Road Improvements Fund or the Minor Safety Fund. Commissioner Hartwell questioned if there is a priority list of those roads that have a sight distance problem and was told that a survey has not been done. Scott Jewel who lives near the intersection emphasized that the intersection does present a safety hazard and feels it is probably one of the worst intersections in orange County. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to authorize the Chair to correspond with NCDOT to request that the Dawson Road project be scheduled in the 1988-89 NCDOT budget with funding from either the Unpaved Road Improvements Fund or the Minor Safety Fund. VOTE: UNANIMOUS. fi. PROPOSED WATER SEWER POLICY (A complete narrative is on file in the permanent agenda file in the Clerk's Office). Marvin Collins made the presentation. A series of recommendations from the Planning Board were put into a policy format which includes the decisions made by the Board of Commissioners at its October 20 meeting with regard to funding alternatives. The policy is organized around five goals which address water supply, sewage disposal, urban development, county financial involvement and financial participation policies. Under each goal, policies have been grouped according to major headings -general_:f, policies or more specific policies. The Board agreed to accept the report and to set a public hearing at a later date. 7. ANIMAL CONTROL ORDINANCE CHANGES Beverly Whitehead made the presentation. The Board of Health recommended four changes in the Animal Control Ordinance. These changes are Listed below: (1) No animals should be exempted from the Ordinance. (2) The designation of Non-Commercial Kennels be changed to Class T Kennels which is a kennel that maintains six to nineteen animals. (3) The designation of Commercial Kennels be changed to Class II Kennels- which is a kennel that maintains twenty or more animals. (4) Section XIX (Kennel Standards) #13 read "provisions shall be made for the removal and disposal of animal and food waste, bedding and debris. Several citizens spoke in opposition of the recommendation. George Maynard asked for another recommendation on what would be exempted for sportsmen who keep dogs to hunt. He opposed having to apply for a Kennel's License. Octavious Tate noted he owned fifteen dogs and cannot afford to pay $15.00 per animal. Willard Ward commented on the makeup of the committee that made the above recommendation. He made reference to a letter from Tony Laws which stated that exemptions may be allowed as long as it does not alter the intent of the Ordinance. Ward asked that hunting dogs be exempted from the ordinance. 3z5 Commissioner Halkiotis expressed concern that if the fee for registering dogs is too high that not all animals will be registered. He proposed a fee of $15.00 for each of the first three unneutered or unspayed animals in a household with the fee for the remaining animals set at $5.00 each with no limit. Commissioner Carey pointed out that the process used by the Board of Health that led to the above recommendation allowed ample opportunity for citizen input. The Board of Health expressed concern about the cost implications of these changes and therefore set the level for the two different designations of kennels. Motion was made by Commissioner Hartwell., seconded by Commissioner Halkiotis to approve setting a public hearing for January 4, 1988 for items 2, 3, and 4 as stated above. VOTE: UNANIMOUS County Attorney Gledhill informed the Board that a public hearing was not necessary to amend the Animal Control Ordinance. Chair Marshall referred the matter back to the Board of Health for a recommendation on whether the intent of the ordinance would be changed if Commissioner Halkiotis' proposal were adopted. 8. IMPLEMENTATION OF THE ANIMAL CONTROL ORDINANCE Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the release of funds from the Commissioners Contingency in the amount of $16,330 to implement the new Animal Control Ordinance. VOTE: UNANIMOUS. 9. SPACE ALLOCATION Albert Kittrell provided additional information on the proposed space allocation plan for the Clerk of Court and associated functions, and the County Administration Offices presently located in the New Courthouse. `' It is proposed that office space for Child Support Enforcement, Economic Development Commission, Commission for Women, Employment Security Commission, G.E.D. Classroom and J.T.P.A. be leased in the Sawyer Building and the Collie's Annex. He presented a cost comparison of other lease space available in the downtown Hillsborough area and a draft of the proposed lease. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the lease and authorize the Chair to sign. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: HILLSBOROUGH PLANNING BOARD - David Cates ORANGE COUNTY LIBRARY BOARD OF TRUSTEES - M. L. Stirewalt, Jr. NURSING HOME COMMUNITY ADVISORY COMMITTEE - Lois Van Coutren ORANGE COUNTY BOARD OF ADJUSTMENT - Elizabeth Shoemaker (from alternate to full member status) ENO VOLUNTEER FIRE DEPARTMENT - Fred Crabtree and Dorothy Bain I. ADJOURNMENT With no further items far the Board to consider Chair Marshall adjourned the meeting. The next regular meeting will be held on Tuesday, December 15, 1987 in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk