HomeMy WebLinkAboutMinutes - 19890516
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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, MAY 16, 1989
The Orange County Board o£ Commissianers met in regular session at 7:30 p.m. in
the courtroom of the old Post Office, Chapel Hill, North Carolina.
BOARD MEMBERS PRESENT: Chaix7nan Moses Carey, Jr., and Commissioners Stephen
Halkiotis, Jahn Hartwell and Shirley E. Marshall.
BOARD MEMBER ASSENT: Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert
Kittrell, Recreation and Parks Director Mary Anne Black, Deputy Clerk to the Board
Kathy Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Office Ken Chavious,
Planning Director Marvin Collins, Housing and Community Development Director Tara
Fikes, Purchasing Director Pam Jones, Finance Director Ellen Liston, Tax Assessor
Kermit Lloyd, Public Works Director Wilbert McAdoo, Planners Mary Scearbo and David
S':ancil.
A. BOARD AND MANAGERS COMMENTS
An item was added to the agenda as item G10. Item lb-LUP Amendment Eno was
deleted from the agenda. This will be placed on the June 5 agenda for decision.
B. PUBLIC COMMENTS
1. MATTERS ON THE PRINTED AGENDA
~;.,,, Those who want to speak to an item on the printed agenda will be recognized at
----.-% the time their item is being discussed.
2. MATTERS NOT ON THE PRINTED AGENDA
Bi11 Waggoner informed the Board about a mosquito problem in the Ridgefield
Area. John Link will fallow up and report back to the Board on solutions to this
problem.
C. MINUTES
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to
approve the minutes as circulated for the March 29, 1989 Joint Meeting with Chatham.
VOTE: Ayes, Commissioners Carey, Halkiotis, Marshall and Willhoit.
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to
approve the minutes as circulated far the March 30 Joint Meeting with Carrboro and
Chapel Hill on the Impact. Tax.
VOTE: Ayes, Commissioners Carey, Halkiotis, Marshall and Willhoit.
NOTE: JOHN HARTWELL WAS NOT PRESENT AT THE MEETINGS HELD MARCH 29 OR MARCH 30.
Motion was made by Commissionez Hartwell, seconded by Commissioner Marshall to
approve the minutes as circulated for the April 3, 1989 regular meeting.
voTE: UrrANZMOUS.
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PUBLIC CHARGE
Chairman Carey read the public charge.
D. PROCLAMATION
1. OLDER AMERICANS MONTH PROCLAMATION
r Motion was made by Commissioner Marshall, seconded by Chairman Carey to
proclaim May, 1989 as Older Americans Month as stated below:
WHEREAS, According to the latest population figures, there are over 10,000
persons over 60 years of age in Orange County; and,
WHEREAS, Orange County is proud of the older adults who live here and wishes
to show appreciation for what they have given and for what they have
contributed to their County, State and Nation; and,
WHEREAS, Because of them, the rest of the citizens enjoy the fruits of their
visions and their labors, and their example is an inspiration to
continue to make Orange County a good place in which to live; and,
WHEREAS, Orange County wishes to set aside a special month for recognition of
the older segnent of its citizenry; and,
NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of
North Carolina and the President of the United States in PROCLAIMING
May, 1989
OLDER AMERICANS MONTH
AND, further do encourage all citizens to join us in honoring our older Americans.
VOTE: UNANIMOUS
E. REPORTS
1. USER FEE STUDY (A copy of this study is in the Commissioners' Library)
David M. Griffith presented this report. With the use of slides, the
consultant went through the report listing all the Gounty services and what portion of
those services the .County is recovering by charging fees. He explained how the labor
costs were computed and answered various questions from Board members.
The report was received as information. Recommendations for implementing any
changes in current fees will be submitted with the Manager's recommended budget.
F. ITEMS FOR DECISION - CONSENT AGENDA
~. (Any item may be removed for separate consideration)
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve those items listed on the consent agenda and stated below:
1. BUDGET ORDINANCE AMENDMENT #9
To approve an expenditure of $27,070 from the General Fund Contingency account
for the purpose of monitoring the Eno River capacity use, to approve amendments to the
1988-89 Budget Ordinance as stated below:
GENERAL FUND
Source - Intergovernmental $ 283,598
Appropriation - Human Services 283,598
f
(to budget for additional Social Services State and donation revenue)
Source - Miscellaneous $ 27,070
Appropriation - Transfer to Other Funds $ 27,070
. (to transfer funds from the General Fund Contingency to the Lake Orange
Capital Project)
ENO FIRE DISTRICT FUND
Source - Appropriated Fund Balance $ 13,800
Appropriation - Remittance to Eno Fire District 13,800
ORANGE GROVE FIRE DISTRICT FUND
Source - Appropriated Fund Balance $ 6,900
Appropriation - Remittance to Orange Grove Fire District 6,900
and to adopt the Lake Orange Gapital Project Ordinance as stated below:
LAKE ORANGE
CAPITAL PROJECT ORDINANCE
Be it ordained by the Board of County Commissioners that, pursuant to Section 13.2
of Chapter 159 of the General Statutes of North Carolina, the following capital
project ordinance is hereby adopted:
Section 1. The project authorized is improvements at Lake Orange. The project
will be financed by appropriations from the Genera]. Fund, County
Capital Reserve Fund, Senate Bill 2 Funds and funds received from
Orange/Alamance Water and Sewer and the Town of Hillsborough.
'; Section 2.
Section 3.
Section 4.
Section 5.
Section 6
The officers of the County are hereby directed to proceed with the
project within the budget. contained herein.
The following revenue is anticipated to complete the project:
Lake Orange Capital Fund
Transfer from General Fund
$ 55,000
2700
$ 82,070
The following amounts are appropriated for the project:
Professional Services
Improvements
Fencing
Eno Monitoring
$ 10,000
30,000
15,000
27.070
$ 82,070
This ordinance supersedes all previous Lake Orange capital project
ordinances.
This ordinance shall be in effect from the date of adoption until June
30, 1994
Adopted this 16th day of May, 1989.
2. BID AWARD = PACKER UNIT AND CHASSIS
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To awaxd the bid for the Packer Unit and Chassis to LODAL SOUTH for a sum of
$106,885. The following bids were received:
Bidder Terms Delivery Price Delivered Capacity
Lodal South Net 170 days
d $106,885.00
442.00
$115 38 yards
33 yards
Cavalier Equip. ays
Net 10 90-120
60 days
N
,
$104,388.00
35 yards
Simpson Equip. et
3 AUTHORIZING SUBMISSION OF THE TITLE ILI ~ B ~ D APPLICATION
To approve authorizing the submission of Title III-B & D Older American Act
(social services/senior center operations) application to the Triangle J Council of
Governments by the County Manager, effective July 1, 1989 through June 30, 1990 for
federal/state funds in the amount of $110,489. County matching funds would not
increase over previous years.
4. AUTHORIZING SUBMISSION OF APPLICATION FOR STATE IN-HOME SERVICES
To approve authorizing the submission of an application for state funds
available from the Triangle J Council of Governments, effective July 1, 1989 through
June 30, 1990. Funds allocated to Orange County are State Title III-D Supplemental
for Frail (Home Repairs) - $2,307 and SSBG Respite Care - $3,454.
5. RENCHER STREET CDBG FINANCIAL STATUS UPDATE SA co is in the eP_rma~ent aka
file in the Clerk's Office).
This quarterly report was presented for information only. It listed those
expenditures and accomplishments. of the Rencher Street CDBG Program. -~.~,
6. CDBG ENVIRONMENTAL REVIEW RECORD COMBINED NOTICE--RENCHER STREET PROJECT ~,
To approve and authorize the Chair to sign the Environmental Review Record for ~-~~
the Rencher Street CDBG Program and authorize the publication of the "Combined Notice
to the Public of No Significant Impact on the Environment and Request for Release of
Funds" in the Durham Morning Herald on May 18, 1989.
TAX REFUNDS REQUEST
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Ta approve the tax refunds as listed below:
NAME ACCOUNT # ~o~T
1,andwright Corp. 125722 $ 8,471.30
Ramell T. Wilkinson 124541 340.90
Alice & Paul Neebe 58718 130.87
James P. -Evans 115328
120943 26.39
1;880.43
Jack Shreffler 46025 168.21
Lisa James Breeze 233764 2.21
Mary Poteat 233764 158.40
Mary Poteat
VOTE: UNANIMOUS
G. ITEMS FOR DECISION REGULAR AGENDA
1. COMPREHENSIVE PLAN AMENDMENTS
a. LUP Amendment Universit Station
This item was postponed. It will be placed on the June 5, 1989 agenda.
Gordon Brown, Attorney for the applicant, requested that this item be
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--. postponed until all the Board members are present. The applicant waived any official
deadlines.
b LUP Ame_ r-dn-eiit ENO - 2 Node
This item was postponed. It will be placed on the June 5, 1989 agenda.
2. POLICY CONSIDERATION ; SUBDIVISION REGULATIONS
Planning Director Marvin Collins presented for approval a policy for
application of the amended recreation requirements of Section IV-B-7-b to subdivisions
currently in the approval process.
Motion .was made by Commissioner Marshall, seconded by Gommissioner Halkiotis
to approve the Planning Department recommendation, as stated below, with the effective
date of June 30:
"The following subdivisions are included in the recreation dedication/payment-
in-lieu requirements:
(1) Major subdivisions which receive preliminary plan approval prior to the
effective date of the amendment to Section IV-B-7-b; and
(2) Minor subdivisions which receive final plat approval prior to the
effective date of the amendment to Section IV-B-7-b.
VOTE: UNANIMOUS
3. SUBDIVISION REGULATIONS TEXT AMENDMENTS ~ RECREATION SITES
Marvin Collins explained that with the adoption of the Master Recreation and
Parks Plan and its incorporation as the Recreation Element of the Comprehensive Plan
on July 5, 1988, amendments are necessary which provide consistency between the
wording and intent of the N. C. General Statutes and the Orange County Subdivision
Regulations.
The Administration and the Planning Board recommend these changes which would
require the dedication of recreation sites or payments in lieu of dedication on a
countywide basis as follows:
].. If a subdivision were presented to the County for approval, and it
contained (within its boundaries) a recreation or open space area (or
portion thereof) as designated in the Recreation Element or Joint Planning
Area Land Use Plan, the County would require the dedication of the area
(or portion thereof). The land so dedicated would serve the residents of
the subdivision and the immediate neighborhood in which the subdivision
was located.
2. If a subdivision were presented far approval, and no portion of a
designated recreation or open space area were located within the
boundaries of the subdivision, a payment-in-lieu would be required. The
payments collected from subdivisions within the immediate (service) area
of a "recreation area would be used to acquire additional land for that
site.
The following changes were also recommended to insure consistency with the
General Statutes:
1. Provide a definition of "immediate neighborhood" to define a subdivision
neighborhood in the context of the service area of a park site, thus
establishing a connection between the concepts used in the enabling
legislation and the Recreation Element.
2. Amend references to acquisition and/or development" o£ recreation sites
to "acquisition", since the General Statutes permit payments-in-lieu to be
used for this purpose only.
ti~J .t _..
This final amendment will make the dedication/payment-in-lieu provisions
applicable to all subdivisions.
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the Administration and Planning Board recommendation as stated above.
VOTE: UNANIMOUS.
4. ZONING ORDINANCE TEX AMENDMENTS (These amendments are contained in the
Ordinance Sook which is located in the Clerk's Office).
a. Kenne s
This amendment will (1) develop consistency between the Zoning Ordinance
and the Animal Control Ordinance and (2) include provisions for wildlife
rehabilitation.
Motion was made by Commissioner Hartwell, seconded by Commissioner Carey
to approve the Administration and Planning Board recommendation.
VOTE: UNANIMOUS.
b Solid Waste Collection Sites
This amendment will include solid waste disposal collection sites as a
use permitted by right in all zones, subject to minimum design standards. A minimum
of 40,000 square feet is needed to develop a collection site. Where zoning requires a
lot size greater than 40,000 square feet, a larger area must be purchased or leased
than is necessary to accommodate the facility. This amendment will permit solid waste
collection sites with a minimum lot size of 40,000 square feet in all zones as well as
list specific site development standards.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Marshall to approve the amendment as recommended by the Administration and the
Planning Board.
VOTE: UNANIMOUS.
e. Mobile Home Parks
This amendment regulates the maximum size requirement for mobile hame
parks as stated in Article 7.20.2 according to the number of mobile home spaces rather
than by acreage of the mobile home park. The definition of "mobile home park" in
Article 22 is amended to be consistent with the proposed size regulation. The
Administration and the Planning Board recommendation is as follows:
(1) Amend Article 22 (definition of "mobile home park") to read as
follows:
MOBILE HOME PARK - A parcel of Iand under single ownership which has
been planned and improved in compliance with Article 7.20 (Planned
Development-Mobile Home Park District) for the placement of mobile
homes for non-transient (placement for the duration of the lease)
use, consisting of at least ten (l0) mobile homes spaces, and not
less than ten (10) acres nor more than fifty (50) acres in size.
(2) Amend Article 7.20.2 to read as follows;
7.20.2 Area Requirements for Establishment of District
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A mobile home park shall contain at least ten (l0) mobile home spaces
and be at least ten (l0) acres in size. The maximum size of any
mobile home park shall be fifty (50) acres, including rights-of-way
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and easements. (See definition of "mobile home park" in Article 22
of this Ordinance.)
Where a new mobile home park is to be developed adjacent to an
existing mobile home park, the proposed park shall be distinguishable
from the existing park by a different name and a separate entrance.
Where an existing mobile home park is served by a private drive or -
road, the entrance for the proposed park may be extended from the
private drive or road. The Planning Board may recommend, and the
Board of County Commissioners may approve public dedication of right-
of-way and upgrading of the private drive or road to public standards
if warranted by projected traffic volumes.
Motion was made by Commissioner Marshall, seconded by Chairman Carey to
approve the amendments as stated above.
VOTE: UNANIMOUS.
d. Retai Trade
This Zoning Ordinance text amendment would combine sections of the
Permitted Use Table to eliminate duplication of text. It would simplify and clarify
the Retail Trade Section - Sections 542 through S47 - of the Ordinance.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Marshall to approve the text amendments to Sections S42 through S47 as recommended by
the Administration and the Planning Board.
VOTE: UNANIMOUS.
5. RICHARD-ANDREWS REZONING
The property is located on the north side of NC 54, just east of Morrows Mills
'`~ Road known as Lot 27A of Tax Map 26 in Bingham Township. The existing lot contains
2.94 acres and is currently in the AR Zoning District. The applicant is requesting
that 1.92 acres be rezoned to the NC-2 District.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis
to approve the rezoning of Lot 127A of Tax Map 26 in Bingham Township from
Agricultural Residential to Neighborhood Commercial-2.
VOTE: UNANIMOUS.
6. ORANGE REGIONAL LANDFILL TIPPING FEES
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the new landfill fee schedule as stated below:
General trash $ 15/ton
Construction wastes and bulky wastes $ 17/ton
Ash from the U.N.C. Power Plant $ 19/ton
Asbestos $ 100/ton
Pick-up trucks or trailers $ 6/each
Cars $ 3/each
VOTE: UNANIMOUS
7y IMPLEMENTATION OF YOUTH SYMPOSIUM REGOMMENDATIONS (A copy of these
recommendations is in the permanent agenda file in the Clerk's Office).
Assistant County Manager Albert Kittrell presented an implementation plan
for the Youth Symposium recommendations contained in the report dated February 6,
1989.
It was the consensus of the Board to approve the Implementation Plan for
the Youth Symposium recommendations and authorize the staff to begin planning far a
-a
"Forum on Poverty".
8. ADOPTION OF THE BUDGET WORK SESSIONS SCHEDULE (A copy of the budget work
session is in the permanent agenda file in the Clerk's Office).
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the schedule as submitted. Budget work sessions will be held on May 30,
June 1, 12, l3, 14, 15, and 16 (if needed).
VOTE: UNANIMOUS.
9. PROPOSED CARRBORO LAND USE ORDINANCE TEXT AMENDMENT
.At the April 6, 1989 Jaint Planning Fublic Hearing, two proposals by the Town
of Carrboro were considered. The first proposal was to amend the Joint Flanning Area
Land Use Plan to change the designation of a 400-foot strip of Rural Buffer between
Carrboro's Transition Area II and Duke Forest to Transition Area II. The second
proposal was to change the zoning (Z-3-89) on the 400-foot strip from Orange County
Rural Buffer to Carrboro Rural. Residential. A public hearing on the proposed Land Use
Ordinance amendment has been scheduled far May 23 and comments must be received by May
22, 1989.
The Administration recommends that the County not object to the proposed
amendment and that a letter be sent stating Orange County's position. The County's
position of not objecting should nat be construed to mean that the County will or
won't approve the Land Use Plan amendment and the Zoning Map amendment. The County's
position on those amendments will be detErmined upon their presentation to the Board
of Commissioners in accordance with Joint Planning Agreement procedures.
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the Administration's recommendation as stated above and that the County
Attorney and County Manager write a letter to Carrboro stating no apposition and
the County's position.
VOTE: UNANIMOUS.
ADDED ITEM
1~ CHANGE IN REGULAR MEETING CALENDAR - CHANGE REGULAR MEETING CALENDAR TO SHOW
REGULAR MEETING MOVED FROM JUNE 27 TO JUNE 28 (ALSO TO CONSIDER THE FEASIBILITY OF
SELECTING A SITE FOR AN AIRPORT AT THIS MEETING) AND ADD JUNE 29 IF NEEDED
Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to
approve changing the regular meeting scheduled for June 27 to June 28.
VOTE: UNANIMOUS.
H. APPOINTMENTS
CARRBORO PLANNING BOARD - JANE EDWARDS TO FILL ONE OF THE EXTRAJURISDICTIONAL
SEATS ON THAT BOARD
ADJOURNMENT
With no further items for consideration,
The next regular meeting will be held on June
Old Courthouse, Hillsborough, North Carolina.
Beverly A. Blythe, Clerk
Chairman Carey adjourned the meeting.
5, 1989 at 7:30 in the Courtroom of the
Moses Carey, Jr., Ghairman
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