HomeMy WebLinkAboutMinutes - 19890206MINUTES
ORANGE COUNTY $OARD OF COMMISSIONERS
REGULAR MEETING
FEBRUARY 6, 1989
The Orange County Board of Commissioners met in regular session on Monday,
February 6, 1989 at 7:30 in the courtroom of the Old Courthouse, Hillsborough, North
Carolina.
BOARD MEMBERS PRESENT: Chair Moses Carey, Jx., and Commissioners Stephen
Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert
Kittrell, Deputy Clerk to the Board Kathy Baker, Recreation and Parks Director Mary
Anne Black, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins,
Planner Emily Crudup, Community and-Housing Development Director Tara Fikes, Tax
Collector John T. Horner, Purchasing Director Pam Jones, Tax Assessor Kermit Lloyd,
Public Works Director Wilbert McAdoo and MPA Intern Beth McIver.
A. BOARD AND MANAGERS COMMENTS
Chair Carey moved item F2 to GO and stated that G7 and G8 would be considered
first under G - Items fox Decision. He deleted from the Appointments abstract those
appointments listed for the Human Relations Commission.
County Manager Jahn Link changed the last date listed in the Airport Calendar,
-~ item F-1 from June 20 to June 27.
Commissioner Hartwell asked that the Gounty Manager contact the wildlife officer
and the sheriff to discuss what needs to be done to enforce those hunting laws that
are on the books and more specifically the law that states you may not hunt from the
right-of-way of the road. Also, public relations is also needed to inform the hunters
what is expected of them in Orange County.
Commissioner Willhoit announced that the North Carolina Low Level Radioactive
Waste Management Authority will hold a public hearing in Hillsborough on March 14 at
7:00 p.m.
B. FUBLIC COMMENTS ITEMS NOT ON THE PRINTED AGENDA
Mr. Roy McAdoo and Ms. Ann Hadley spoke regarding the Efland sewer system and
requested an extension of 30-45 days before being required to pay the minimum monthly
fee.
After an extended discussion, it was decided that because of the financial
arrangements for this project that an extension could not be granted. The County
Manager is to follow up with JOCCA and supporting their bid for additional funds.
Mary Sechrist of the White Cross community and Marilyn Mooney of the Stoneybrook
Subdivision expressed dissatisfaction about the green box situation. The County
Manager is to meet with Mooney and inform her of what the County is doing .to
consolidate the sites and the problems the County is encountering in doing so.
G. MINUTES
Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell
to approve the minutes for the budget work sessions held in June, 1988 as circulated.
VOTE: UNANIMOUS.
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Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the minutes for the bond issue work sessions held in June, 1988 as
circulated.
VOTE: UNANIMOUS.
Motion was made by Chair Carey, seconded by Commissioner Halkiotis to approve
the minutes for January 3, 1989 as amended.
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Chair Carey to approve
the minutes for the joint meeting between the Board of Commissioners and the Planning
Board held on January 19, 1989 as amended.
VOTE: UNANIMOUS.
PUBLIC CHARGE
The Public Charge was read by Chair Moses Carey, Jr.
ENO RIVER WATER MANAGEMENT PLAN IMPLEMENTATION AGREEMENT (A .copy of this agreement is
in the permanent agenda file in the Clerk's Office).
A ceremony was held in which all parties of this agreement signed and received a
copy of the agreement. Those who signed the agreement were Hillsborough's Mayor Fred
Cates, Piedmont Minerals' Plant Manager Sam H. Edwards, Jr, and Turner Forrest,
President of the Board of Directors for the Orange-Alamance Water System, Inc. The
effective date of the agreement is January 6, 1989.
~. RESOLUTIONS OR PROCLAMATIONS
1. RESOLUTION ESTABLISHING AN ORANGE-CHATHAM-CHAPEL HILL-CARRBORO COURTESY REVIEW
SYSTEM
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the resolution as stated below:
RESOLUTION ESTABLISHING AN ORANGE-CHATHAM-CHAPEL .HILL-CARRBORO ~
COURTESY REVIEW SYSTEM
WHEREAS, the Counties of Orange and Chatham and the Towns of Carrboro and Chapel.
Hill find it in their mutual interests to establish a development review system that
would:
a, allow these four lots], governments to keep each other informed about
development applications that might have impacts in neighboring jurisdictions;
and
b, afford these governments the opportunity to offer comments and
reactions to each other regarding such applications; and
WHEREAS representatives of these four governments have met to discuss the design
of such a system, and have recommended establishment of a "Courtesy Review System" as
described on the attached sheet;
NOW THEREFORE BE IT RESOLVED BY Orange County that it hereby directs its
administrative officers to implement an Orange/Chatham/Chapel Hill/Carrboro Courtesy
Review System as described on the attached sheet.
BE IT FURTHER RESOLVED that the effective date for implementation of this system
shall. be March 1, 19$9.
VOTE: UNANIMOUS.
E. REPORTS
1. ORANGE COUNTY INVENTORY OF THE NATURAL AREAS AND WILDLIFE HABITATS (A copy of
this inventory is in the Commissioners' Library)
Livy Ludington was present to answer questions. She clarified that all the
appendices are available upon request. This report is a collection of information
which lists all plants, animals and habitat which are endangered in the County.
2. UNPAID REAL PROPERTY. AND TAX LIEN ADVERTISEMENT
Tax Assessor John T. Horner reported the following unpaid taxes that are liens
on all Real Property for the year 1988.
County $ 1,644,210.26
Chapel Hill $ 540,909.43
Carrboro $ 112,712.5Q
Hillsborough 31 334.46
TOTAL $ 2,329,166.65
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
accept this report and set the Tax Lien Advertisement date for May 10, 1989.
VOTE: UNANIMOUS.
3. TEEN SYMPOSIUM ~ FINAL REPORT (A copy of the report is in the permanent
agenda file in the Clerk's Office).
Albert Kittrell asked that the Board receive the report. An implementation
plan and timetable will be presented to the Board at their regular meeting scheduled
for April 3, 1989.
F. ITEMS FOR DECISION = CONSENT AGENDA - ITEM F2 HAS BEEN MOVED TO G.O.
" " Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the items on the Consent Agenda as stated.belaw:
1. AIRPORT PROJECT MEETINGS CALENDAR (A copy of the complete calendar is in the
permanent agenda file in the Clerk's Office).
To approve the calendar of meetings associated with the proposed airport
project as submitted.
2. PAPER SACK RECYCLING - MOVED TO G.0
3. BID AWARD = WASTE CONTAINERS
The bids received are listed below:
COMPANY NAME NET BID/DELIVERED DELIVERY TIME SID BOND INCLUDED
Allwaste equipment $384.50 45 days Yes/Certified Ck.
BFI $426.25 30 days NONE Nu-Life
Environmental $424.20 30 days Yes/Bond SANCO NO
BID
To award the bid to Allwaste Equipment, West Columbia, SC at a per unit cast
of $384.50.
/~. .FLIGHT PARAMEDICS CONTRACT (A copy of the contract is in the permanent agenda
file in the Clerk's Office).
To extend the date for the existing Flight Paramedic contract with North
Carolina Memorial Hospital to June 30, 1989.
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y TAX REFUNDS RE_ QUEST
To approve the refund of tax bills as listed below:
NAME ACCT . # ,~qO~T
Henry A. Hinton & Debbie 86038 $ 320.19
Herman Lloyd 25373 1,036.51
Thomas H. Naylor 27378 211.41
James B. Schwartz & P. Bratcher 126619 68.30
Joseph R. Kelly 131358 22,11
Roger Tamenne & Jacqueline S, 78227 1.94
Carah 0. Curry 11013 41.01
Cindy L. Horton 126817 105,26
Richard E. Walrond & Elizabeth 107291 384.69
Ann
Joseph H. Sinclair 106226 50.76
Wallace Draughon 107308 78.gg
Charles Merrit, Hrs. 11922 586.06
Thomas Hill Clayton, Jr, 104042 294,58
Volvo Finance North America 96969 192.12
Vance 0. Walker 116465 121.95
Summey Building Systems, Inc. 90540 43.41
Samuel M. Longiotti 100302 25.37
6. PETITION FOR ADDITION OF ROADS IN CORNWALLIS HILLS SUBDIVISION
(PHASE II) TO THE STATE MAINTAINED SECONDARY ROAD SYSTEM
To approve the petition for addition of Bonaparte Drive, Twisted Court, and
Paint Place in Cornwallis Hills Subdivision Phase II to the State-maintained
Secondary Road System.
7. FETITION FOR ADDITION OF ROADS IN GREENVIEW ESTATES SUBDIVISION TO
THE STATE MAINTAINED SEGONDARY ROAD SYSTEM
To approve the petition for addition of Acorn Drive in Greenview Estates to
the State-maintained Secondary Road System.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION = REGULAR AGENDA
0. PAFER SACK - ORANGE COUNTY INNER OFFICE RECYCLING
Public Work Director Wilbert McAdoo explained the recycling program that will
be implemented by County employees February 17.
1. ALERT CABLE TV FRANCHISE AGREEMENT
John Link stated he understands that as of today the Alert Cable Franchise has
been agreed to and signed by Alert Cable.
Attorney Geoffrey Gledhill explained that the Cable Television Ordinance of
the county requires the acceptance to be in a form as stated in the Ordinance and
approved by the County Attorney. However, acceptance is not complete until proofs of
insurance bonds and letters of credit as required by the Ordinance have been filed in
a form acceptable by the County. The Alert representatives stated that all the
official documentation can be completed this week. Gledhill recommended that the.
County consider the Franchise to be accepted if all the documentation is completed
within the week.
Motion. was made by Commissioner Halkiotis, seconded by Commissioner Marshall to
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resolve to revoke the Franchise if the documentation has not been completed to the
-'~~ satisfaction of the County Manager and the County Attorney by the close of business on
Friday, February 10, ].989.
VOTE; UNANIMOUS.
2. INTERIM ASSISTANCE GRANT APPLICATION
Director of Housing and Community Development Tara Fikes explained the Interim
Assistance Grant Program and requested authorization to submit a letter of interest to
NRCD. This program is designed to increase the availability of housing for low and
moderate income persons. Specifically, the program can provide GDBG construction loan
financing at an interest rate. substantially lower than market rates to a developer
building housing for low and moderate income persons. The anticipated interest rate is
two (2) percent. Grant awards are limited to $750,000 for 36 month projects and
$4,000,000 for 18 month projects.
Runyon Co1ie Woods of the Colie Development Company was available to answer
questions. He stressed that the required letter of credit would be provided by the
Colie Development Company so that the County will not bear any financial burden if the
anticipated funds from the project are not realized. This application and the
County's assistance in this application will lower the cost of the average house in
this subdivision about $6,000. He asked that the cost of administering this program
not be added to the loan total. This would further lower the cost o£ each house by
$600. John Link stated that the requirements on the. County in administering this
program would be extensive and the County should be reimbursed for these
administrative costs.
.Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to
approve submission of a letter of interest to NRCD and authorize the Chair to sign on
behalf of the Board and to establish February 21, 1989 as the public hearing date to
!receive citizen comment regarding the application.
,.;; VOTE: UNANIMOUS.
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3. 1989 JOINT PLANNING~PUBLIC HEARING SCHEDULE
The Commissioners approved by consensus the date of September 14, 1989 for a
Joint Planning Area Public Hearing. The proposed date for March was not approved.
4. ADVERTISEMENT = FEBRUARY 27 1989 PU$LIC HEARING
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the items listed in the advertisement for the joint public hearing scheduled
for February 27, 19$9.
VOTE: UNANIMOUS.
5. RE UEST TO INITIATE LEGAL ACTION _ BUGKNER STEEL
Motion was made by Commissioner Halkiotis, seconded by Commissionez Hartwell
to authorize legal action against $uckner Steel for an-going violations of the Orange
County zoning Ordinance.
VOTE: UNANIMOUS.
6. POLTCY CONSIDERATTON = APPLICATION OF SECTTON IIT (1tEVISED), OF THE
SUSDTVISION REGULATIONS
Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to
approve a policy, as stated below, for processing subdivision applications submitted
prior to the February 1, 1989 effective date for revised applications and approval
procedures and the notification of applicants.
SKETCH PLAN APPROVAL
A Concept Plan will not be required where there is already an approved Sketch
Plan. This would apply to all Sketch plans approved since February 1, 1988. After
February 1, any modification of an existing Sketch Plan would require Concept Plan
submittal. However, the preliminary plat would be subject to the revised
specifications.
PENDING PRELIMINARY PI:ATS (with Planning Board approval)
Preliminary Plats approved by the Planning Board prior to February 1 will not
be subject to the new provisions. This category only includes the two preliminary
plats presented to the Board of Commissioners on February 6.
PENDING PRELIMINARY PLATS (no Planning Board approval)
All preliminary plats which have not received Planning Board approval by
February 1 will be subject to the new plat specifications. One preliminary plan
application was received on January 18 and another is expected by January 23. Bath of
these projects have received sketch plan approval.
FINAL PLATS (Major Subdivisions)
All Final Plats submitted after February 1 which received Preliminary Plan
approval prior to February 1 wauld continue to be processed under the current
procedure and would be approved by the Planning Board.,
VOTE: UNANIMOUS.
7. LAWS ESTATE SUBDIVISION = PRELIMINARY PLAT
Planner Emily Crudup presented for consideration of approval the preliminary
plan for the Laws Estate Subdivision. The property is located in Little River
Township on the north side of Guess Road 0.4 mile west of the intersection with New
Sharon Church road. This tract is unzoned and listed as Agricultural on the Land use
Plan. Twenty lots are proposed out of the 29.17 acre tract. -_-
Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to
approve the preliminary plan with four (4) conditions:
(1) Locate suitable sites for septic tank disposal on Lots 6 and 7, combine
them with other lots which have approved perk sites, or label them for
restricted development potential.
(2) Dedicate the additional ten feet of right-of-way and construct the 200'
right turn taper with the first phase of development as required by the
NC Department of Transportation.
(3) Provide a fifteen foot drainage easement along the entire northern
boundary line of the subdivision.
(4) On the final plat, the. Land Use Buffer Note must refer to Section Iv-B-B-
e of the Subdivision Regulations.
VOTE: UNANIMOUS.
8. FOX RUN ANNEX SUBDIVISION _ PRELIMINARY PLAT
Planner Emily Crudup presented for consideration of approval the preliminary
plan for Fox Run Annex. The property is located in Little River Township near the
Orange/Durham Gounty line adjacent to South Fork Estates Subdivision and to Fox Run
Section 8. The Land Use Plan designation for this tract is Rural Residential. There
is no zoning on the property. Three lots are proposed out of 9.43 acres.
Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall
to approve the preliminary plan with twa conditions:
(1) Indicate a twenty-five foot utility easement connecting Lot 1 with the
septic drain field easement for Lot l located on Lot 3.
(2) Label the septic drain field area for Lot 1 as a "septic drain field
easement" and submit easement documents for review and approval by the
County Attorney.
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VOTE: UNANIMOUS.
- H. APFOINTMENTS
The following appointments were made by the Board:
CARRBORO BOARD OF ADJU~ .. Elise Sloan to represent the Joint Planning
Transition Area,
CARRBORO PLANNING BOARD - David Rutter to represent the Joint Planning
Transition Area.
CONOMIC DEVELOPMENT COMMON _ pat Davis to the AT LARGE vacancy,
EXECUTIVE SESSION
Mation was made by Commissioner Hartwell, seconded by Commissioner Halkiatis to go
into Executive Session to discuss litigation.
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to go
back into Regular Session to adjourn.
ADJOURNMENT
With no further business to be considered by the Board, Chair Moses Carey, Jr.
adjourned the meeting, The next regular meeting will be held on February 17, 1984 at
7:30 p,m, in the courtroom of the old Post Office, Chapel Hill, North Carolina,
Beverly A, Blythe, Clerk Moses Carey, Jr., Chair