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HomeMy WebLinkAboutMinutes - 19890605F"):S "s ~.-'~; .1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JUNE 5, 1989 The Orange 5th, 1989 at 7 Carolina. County Board of Commissioners met in regular session on Monday, June 30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., 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 Managers Albert Kittrell and Ellen Liston, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Purchasing Director Pam. Jones, Health Director Dan Reimer, Gounty Engineer Paul Thames, Planners Mary Scearbo and David Stanch , and Land Records Manager Roscoe Reeves. EXECUTIVE SESSION Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go into Executive Session for the purpose of client attorney deliberations that may or may not relate to litigation. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Chairman Carey to go into regular session to continue the meeting. VOTE: UNANIMOUS A. BOARD AND MANAGERS COMMENTS Chairman Carey added to the agenda under "Matters not on the printed agenda" a presentation by Betty Compton on an award received by the Adolescents-in-Need Program. County Manager John Link added two reports: (1) a report on skateboard activity at the Human Services Building on Tryon Street and (2) a report on mosquito control. He added to item Gl - acquisition of property for a green box site. - Commissioner Halkiotis made reference to the insurance. situation and stated that the County needs to help educate the citizenry so that will realize that the Board is not composed of people who are trying to take away the elderly's money ox trying to keep people from calling the rescue squad if they really need service and can't afford itr B. PUBLIC COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that those people who wish to speak will be recognized at the appropriate time. 2. MATTERS NOT ON THE PRINTED AGENDA AWARD RECEIVED BY THE ADOLESCENTS-IN-NEED PROJECT Betty Compton, Coordinator of the Adolescents-in-Need Program, stated that the Adolescents-in-Need Program received an award at the National meeting of the a;-= American Medical Society for an outstanding program that is serving teenagers in the ,_ community. Chairman Carey congratulated Betty Gompton and John Hughes and all the volunteers that have made the program possible. He informed the Board that the Adolescent Parenting Program received one of ten awards in the Gountry for their program operated by the Department of Social Services. C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for the April 6, 1989 Joint Planning Public Hearing as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE Chairman Moses Carey read the Public Charge. PUBLIC HEARING 1. RENAMING OF THE GENTRAL HUMAN SERVICES BUILDING The purpose of this item is to receive public comments regarding the renaming of the Central Human Services Complex in Hillsborough. A request was received to rename this building in honor of Richard Whitted, former County Commissioner. A public hearing notice was published in local newspapers. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. BARBARA PAGE, citizen who initiated the request, stressed that her request specifically asked that the building at 300 West Tryon Street be renamed after Richard E. Whined. Mr. Whined worked for years to get that building renovated. ,.,,,. He fought for it and thus should be honored by naming the building after him. VERLA INSKO spoke in favor of renaming the Central Human Services Building in honor of Richard E. Whitted. She stated that Richard was a special friend to many of us and an unusually whole individual. He showed respect for other people and was highly respected by all human beings. He was a good role model. AMY DICKEY made a statement on behalf of the NAACP which supported the renaming of the Central Human Services Center for Richard E. Whined. This statement is in the permanent agenda file in the Clerk's Office. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS GLOSED. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to rename the Central Human Services Complex the Richard E. Whitted Human Services Center. VOTE: UNANIMOUS. 2. PD-1-$9--MCLENNAN'S FARM Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to continue the public hearing until June 28, 1989 to receive the County Engineer's report and the Planning Staff's recommendation. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS - NONE T .~ ~~::~,+a E. REPORTS Y 1. ORANGE/CHATHAM COUNTIES BOUNDARY TAXATION POLICY _ ' In anticipation of a mutually adopted new boundary line, a policy has been proposed that would resolve the taxation of those properties that have been determined to be located in one county, but traditionally have been taxed in the ' other county. This policy would allow, under certain conditions, those properties affected to continue to pay taxes to the county they have traditionally paid taxes to, by agreement of both boards. It was the consensus of the Board to have the County Manager prepare and present such an agreement incorporating any changes that Chatham County may make. 2 MOSQUITOS John Link reported he had received expressions of concern from Mr. Bill Waggoner who lives in the Ridgefield area about mosquitos. Link requested that the Health Department investigate the situation to determine the nature of the problem and possible solutions. He briefly outlined the problem. He stated that it will take everyone working together to solve this problem. Health Director Dan Reimer reported that in response to this concern he requested that the State Division of Health Services look at .the problem and give recommendations. Dr. Engber, a State Medical Entomologist, investigated the site on May 5 and May 16. The mosquito is the type found in woody swampy areas. It is a spring mosquito which is not a problem all year long. Dr. Engber has proposed three possible solutions: (L) spraying, (2) putting out a chemical to deal with the lava and (3) to drain the swamp. There are problems with each of these solutions. Dr. Engber has scheduled a meeting with the citizens and Ghapel Hill officials to discuss a solution for the problem. . Commissioner Willhoit stressed that he would rather see the swamps drained than use chemicals or sprays. Reimer stated that one of the problems with draining the swamps is the number of beaver dams. Mr. Waggoner confirmed that these beaver dams are active. 3. SKATEBOARDS The skateboarding problem at the Central Human Services Building was discussed. The County Manager was asked to work with the Town of Hillsborough and to bring back to the Board some specific alternatives for addressing the problem. Commissioner Halkiotis will work with Mary Anne Black to find a solution to the problem. F. ITEMS FOR DECISION--CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: (Copies of all documents are in the Permanent Agenda File in the Clerk's Office). 1. MEMORANDUM OF UNDERSTANDING WITH RSVP To approve the RSVP Memorandum of Understanding and authorize the County Manager to sign. 2. SIGNATURE AUTHORIZATION FOR FINANCIAL INSTRUMENTS To adopt the resolution stated below authorizing Ellen G. Liston to sign county financial instruments: ._ RESOLUTION AUTHORIZING ELLEN G. LISTON TO SIGN AND PRE-AUDIT ALL COUNTY FINANCIAL INSTRUMENTS ti - WHEREAS, E11en G. Liston has been promoted to Assistant County Manager, effective June 1, 1989, and no longer authorized by law to sign County financial instruments. - WHEREAS, The County needs an authorized person to sign and.preaudit its financial instruments in the absence of the Finance Director. WHEREAS, G.S. 159-29a of the North Carolina General Statutes permits County officials to perform the signature and presudit functions only if designated as Deputy Finance Officer by the governing Soard. WHEREAS, E11en G. Liston has performed these functions previously as Finance Director and is currently bonded for such purposes. NOW THEREFORE BE TT RE50LVED, that Ellen G. Liston be authorized to sign and preaudit, as Deputy Finance Officer, all County financial instruments. This is the 5th day of June, 1989. 3. LEASE PURCHASE PROPOSAL To approve the proposal from First Union for a lease purchase arrangement for the purchase of computer main frame hardware and authorize the Chair to sign. 4. INTERIM ASSISTANCE GRANT APPLICATION ` To establish June 28, 1989 as the public hearing date to receive citizen ~~(:; ..? -~~- comment on an application requesting approximately 2.S million dollars financing to be used in the development of housing for low and moderate income homebuyers. 5. EMERGENCY SHELTER GRANT AGREEMENT __._ To approve the execution of the Emergency Shelter Grant Agreement, Funding Approval and the Agreement with InterFaith Council and authorize the Chair to sign on behalf of the Board. 6. RENCHER STREET CDBG PROGRAM = RE,~EST FOR RELEASE OF FUNDS AND CERTTFICATIONS To approve the execution of the Request for Release of Funds and Certification for the Rencher Street GDBG Program and authorize the Chair to sign. 7. ENO RIVER ESTATES = PHASING PLAN To approve a revision to the Phasing Plan for Eno River Estates located in Cedar Grove Township at the end of Lake Orange Road. VOTE: UNANIMOUS. G. ITEMS FOR DEGISION--REGULAR AGENDA 1. SOLID WASTE GOLLECTION TWO SITE LEASES AND ONE SITE PURCHASE (Copies of all documents axe in the permanent agenda file in the Clerk's Office). Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve for consolidated greenbox sites a lease between James and Betty A. Thompson and Orange County and J. F, and Dorothy Morris and Orange County and one purchase of property from James Ferguson and to authorize the Chair to sign all documents. `.:7 VOTE: UNANIMOUS. 2 COMPREHENSIVE PLAN AMENDMENTS Y_ _. A. LUP-2-89 ENO-2 COMMERCIAL/I_NDUSTRIAL NODE The area in question, in its original form, contains six lots and a portion of another north of the Interstate 85 and U.S. 70 interchange in .eastern Eno . Township near the Durham County line. The area contains 25.44 acres. The proposed ' amendment would change the Land Use Element designation on the property from Rural Residential to 20-Year Transition. Mr. Johnny Kennedy owns 10.14 acres at this location and desires to have his property zoned GC-4. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to deny the proposed Land use Element amendment. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit that the Kennedy tract be rezoned from GC-4 to EC-5 as proposed at the August 22, 1988 public hearing. VOTE: UNANIMOUS b LUP-3-89 UNIVERSITY STATION ASSOCIATES The request for amendment was made by University Station Associates. It is located south of the Southern Railroad on both sides of Old N.C. 10. The property contains 575 acres of land and is located primarily in Eno Township. - although the southernmost boundary crosses into Chapel Hill Township. The area is currently zoned R-1 and is shown as Rural Residential-Agricultural Use and Resource Conservation on the Land Use Element of the Gomprehensive Plan. The proposed amendment to the plan would reclassify this site to the Ten-Year Transition plan category. The purpose of this request is to allow the applicant to make application for approval of a planned residential community. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to deny the proposed amendment. :;;;~ VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) -'' c. LUP-4-$9 ENVIROTEK. INC. The proposed amendment requests land use classification changes for 18 parcels in Chapel Hill Township. The amendment would be made to the Joint Planning Area Land Use Plan for Orange County, Ghapel Hill and Carrboro. The land in question is located on the western half of the Interstate 40 interchange with New Hope Church Road and contains a total of 424 acres. It is bounded on the west by New Hope Creek. Currently, all property in this proposed amendment area is designated Rural Buffer on the Joint Orange County/Chapel Hill/Carrboro Land Use Plan, and is accordingly zoned Rural Buffer. The applicant is requesting that l59 acres, located near the I-40 interchange and south of New Hape Church Road, be redesignated Commercial Transition Activity Node and that 265 acres to the north of this proposed node be redesignated Agricultural-Residential. The Governing Board of Ghapel Hill and Carrboro have voted to deny the request. The Orange Gounty Planning Board recommended denial. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to deny the proposed amendment for Envirotek, Inc. VOTE: UNANIMOUS. d. LUP-5-89 CAZWELL. INC. This proposal requests a land use classification change for a portion of a parcel which is divided by the Orange County/Durham County line. The parcel is located on the east side of Kerley Road. The total acreage is 24 acres with 1.45 acres in Orange Gounty which is designated Rural Buffer on the Joint Land Use Plan i and is zoned accordingly. The applicant is requesting that this 1.45 acre portion in Orange County be redesignated from its current Rural Suffer categoxy to Ten Yearn Transition. This change would permit smaller lot sizes than the current two-acre - minimum, and would enable the Orange portion of the tract to be subdivided in a manner consistent with the Durham County Montvale Subdivision. The Governing Boards of Chapel Hill and Carrboro have voted to approve the request. The Orange County Planning Board recommended approval. Motion was made by Gommissioner Hartwell, seconded by Commissioner Marshall to approve the proposed amendment. VOTE: AYES, 4; NOES, 1 (Commissioner Willhoit) e. LUP-6-89 TOWN OF CARRBORO ___. The Town of Carrboro has requested that the 400-foot Rural Suffer area located between Carrboro's Transition Area ZI and Duke Forest be removed and that the area be designated as Transition Area II on the Joint Planning Area Land Use Plan. The land in question is immediately south of the Duke Forest Blackwood Division on either side of N.C. Highway 86 and Eubanks Road. The area consists of approximately 135 acres. The Governing Boards of Chapel Hill and Carrboro have voted to approve the request. The Orange County Planning Board recommended approval. Motion was made by Gommissioner Hartwell, seconded by Commissioner Halkiotis to approve the request that the 400-foot rural Buffer area located between Carrboro's Transition Area II and Duke Forest be removed and that the area be designated as Transition Area II on the Joint Planning Area Land Use Plan. VOTE: UNANIMOUS. 3. SEVEN MILE CREEK RESERVOIR DEVELOPMENT SCHEDULE `-" John Link presented far review and discussion a revised Seven Mile Creek Reservoir schedule and Hillsborough's proposed operation and ownership agreement. He presented a list of questions as listed below with the Commissioner's responses. 1. Does the County want to be involved in the process of water supply allocation - i.e. How much water will Orange-Alamance receive? Particularly in light of 0/A sales outside the Eno basin and outside the County? Commissioner Willhoit stated that what had been proposed was that outside the Town limits, that the County would be involved in distribution decisions. Chairman Carey stated that the out-of-basin transfers want to be limited to zero and he would be against entering into any kind of agreement that would encourage Orange Alamance to depend on long term water use of water in Orange County. Commissioner Willhoit stated and the Board agreed with Chairman Corey's statement unless there was a long term agreement by which the transfer of water is shared back and forth depending on the available supply. Link restated that what he hears is that the Board does not want to pursue any interbasin transfer and wants to keep Eno River waters in the Eno River basin basically unless there can be an arrangement worked out on a permanent basis in terms o£ transfer of water between the basins and the State needs to be involved every step of the way as this question is pursued. Commissioner Hartwell emphasized he did not want to do something specific that would make Orange/Alamance Water Gompany unable to serve the citizens in this County. 2. Does the County want to be involved in a water reserve set-aside to ,- , w.. supply and encourage economic growth in Central/Northern Orange County? The Board agreed that the answer to this question is definitely yes. 3. Assuming that Hillsborough is able to obtain the required financing for~.~ the reservoir, does the County want to be involved to any extent in the following areas of planning, permitting and construction. a) Reservoir/water supply protection Yes b) Secondary reservoir uses (Parks, Recreation, etc) Yes c) Financing payback - water rates, grants, loans, etc. Commissioner Willhoit asked for some options. The important issue is how to make the reservoir financing self liquidating. There are all chances for creative financing and staging of construction or whatever. Commissioner Hartwell stated that a fair percentage of users are going to reside within the municipality of Hillsborough, but a fair percentage will not and there needs to be some symmetry in the rates. d) Initial sizing and expansion schedule for reservoir e) Environmental Impact, hearings, mitigation, permitting, etc. Yes (1). Does the County wish to insure that public hearings are held regarding Environmental Impact? Yes (2) Does the County want to solicit public comments regarding Environmental Impact? Yes 4. Assuming the reservoir in constructed, does the County wish to be involved in the operation, control and maintenance of the reservoir. Commissioner Hartwell stated he does not want to form a water department. He would be pleased to see that burden borne by those who are. already set up to do it. Commissioner Halkiotis stated he feels that there should be a more sharing process of government, whether it's a board of directors with some kind of control. This is something long range that must be worked out. With reference to the timetable, Link stated that the County sites three areas that make it a realistic schedule. The execution of an agreement between Orange County and Hillsborough will take longer than anticipated. A second delay may be in the permitting process. Third, acquisition of the property itself is going to take three to four years. He doesn't anticipate all the. property being acquired before 1993. With reference to the agreement, Link pointed out paragraph two on page two which states talks about the Town purchasing the land for the reservoir with the county bond proceeds with a payback arrangement for the County in terms of receiving the proceeds over a period of time. Ha asked for clear directions from the Board on acquisition of property and negotiating an agreement with the Town for payback. Commissioner Willhoit suggested merging the two timetables and move as quickly as possible. Link will begin official dialogue with Hillsborough and report back to the. Board as to .his progress. 4. ZONING ATLAS AMENDMENTS a. Z-3-89 TOWN OF CARRBORO Marvin Collins presented for Board consideration a proposed amendment to the Zoning Plan for Transition Areas located within the Carrboro Joint Development Review Area. The Town of Carrboro has requested that the zoning on certain land iri, ' the Carrboro Transition Area be changed from the Orange County designation of Rural- Buffer to the Carrboro designation of Rural Residential. The property is located east and west of N.C. Highway $6 and south of Eubanks Road. The property contains - approximately 135 acres. The governing board of Carrboro voted to approve the proposed amendment. The Orange County Planning Board recommended approval. Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the proposed amendment and the incorporation of that designation in to the Orange County Zoning Atlas. VOTE: UNANIMOUS. b. Z-4-89 TOWN OF CHAPEL HILL Marvin Collins presented for Board consideration a proposed amendment to the Zoning Plan far Transition Areas located within the: Chapel Hill Joint Development Review Area. The Town of Chapel Hill has requested that the zoning for a parcel in the Chapel Hill Transition Area be changed from Residential-1 to Rural Transition. The property is located south of Eubanks Road and west of N.C. Highway 86. The property contains 169 acres and is also known as the "Greene" tract. The Orange County Planning Board recommended approval of this proposed amendment. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to approve the proposed zoning of the Greene tract to Rural Transition and incorporation of that designation into the Orange County Zoning Atlas. VOTE: UNANIMOUS. 5~ EFLAND CHEEKS COMMUNITY CENxER AND FARK Assistant County Manager Albert Kittrell presented information on the proposed Efland-Cheeks Community Center and Park. The proposed center would house JOCCA and Department on Aging sponsored senior citizens' activities. The park would be western Orange County's first Community Park. Discussion ensued on the concerns expressed by the School Board and John Link indicated he would meet with them in an effort to resolve these concerns. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the project in concept and authorize the Manager to begin negotiations with the Orange County School staff for a 10 acre tract of land. VOTE: UNANIMOUS. 6~ IMPLEMENTATION OF UNIVERSITY LAKE WATERSHED STUDY Chairman Carey presented for approval a procedure and schedule for implementing the University Lake Watershed Study. The implementation schedule of the University Lake Watershed Study is stated after the motion below. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve the implementation of the University Lake Watershed Study as stated below: VOTE: UNANIMOUS. IMPLEMENTATION OF UNIVERSITY LAKE WATERSHED STUDY 1. Planning Directors of Carrboro, Orange County, Chapel Hill, and Chatham County should be asked to develop a list of issues to be resolved in deciding how to implement study recommendations; OWASA staff should be given an opportunity to recommend additional items at an appropriate time - deadline for completion of this task would be June 5. ri~ .r~~ ~~ ~: 2. Planning Directors of Carrboro, Orange County, Chapel Hill, and Chatham County., - should develop a report outlining how each jurisdiction's ordinances can be changed ~- to incorporate the CDM recommendations July 6. 3. Orange/Ghatham work group should be asked to convene a series of informational meetings to facilitate preliminary discussion of issues identified by Planning Directors; all jurisdictions (Garrboro, Ghapel Hill, Chatham, Orange) would participate in these discussions although it would be understood that the final decision making authority on land use regulations lies with Carrboro, Chatham axed Orange; OWASA would participate as an observer; meetings would be public meetings open to any other interested observers; representatives of each jurisdiction may be changed by the respective jurisdictions in light of the specific task to be undertaken by the work group at this time; the goal would be to clarify areas in which coordinated action might be advisable and passible and to describe areas where there may be some disagreement; the work group would prepare a short report to decision making jurisdictions outlining areas of possible agreement and possible disagreement, necessary initiatives, and recommendations concerning ultimate decision making process - deadline for completion of this task would be approximately September 30. 4. Governing Boards of Carrboro, Chatham and Orange would review the report. received from the work group and decide about additional steps needed and decision making process; goal would be to take necessary action in a coordinated fashion, taking into account other related ongoing planning efforts such as rural character study being conducted by Orange County - deadline for completion of this task would be determined once issues and areas of possible agreement and disagreement are more clear. 7. NEW HOPE CREEK OPEN SPACE CORRIDOR Coulter Associates, a landscape architecture and land planning firm, has been retained by Durham County to prepare a detailed plan for the preservation of an open space corridor connecting New Hope Creek and the Eno River. Rather than limit the scope of the study to Durham County, Coulter Associates is requesting monetary ($5,000 each) and staff support from Orange County and the Town of Chapel Hill to include the Orange County portion of the corridor. Motion was made by Commiss-inner Marshall, seconded by Commissioner Willhoit to approve participating in the development of a detailed plan for the New Hope Creek corridor as outlined by Coulter Associates, including the provision of staff and financial support. An agreement between Orange County and Coulter Associates will be presented for approval on June 28, 1989. VOTE: UNANIMOUS. APPOINTMENTS BOARD OF HEALTH - Allen Rosman and Dr. Philip Singer were reappointed. Dr. Richard A. Beane was appointed replacing Dr. Eugene Howden. PERSONNEL ADVISORY BOARD - Michael Hendricks and Charles Rivers were reappointed. NURSING HOME COMMUNITY ADVISORY COMMITTEE - Marian Donaldson and Richard Binkley were reappointed. ORANGE COUNTY PLANNING BOARD - Clint E. Burklin was appointed. . ~1 :y I. ADJOURNMENT With no further items for consideration, Chairman Carey adjourned the meeting. The next regular meeting will be held an June 28, 1989 at 7:30 in the courtroom, of the ald Post Office, Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk