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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. . - . , ~:-~ __ ~_~. 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. _, ...i. 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 i, -. -::. 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 $600. John Link stated that the requirements on the. County in administering this program would be extensive and the County should be reimbursed for these administrative costs. .Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve submission of a letter of interest to NRCD and authorize the Chair to sign on behalf of the Board and to establish February 21, 1989 as the public hearing date to !receive citizen comment regarding the application. ,.;; VOTE: UNANIMOUS. ..,: 3. 1989 JOINT PLANNING~PUBLIC HEARING SCHEDULE The Commissioners approved by consensus the date of September 14, 1989 for a Joint Planning Area Public Hearing. The proposed date for March was not approved. 4. ADVERTISEMENT = FEBRUARY 27 1989 PU$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. - -i 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