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HomeMy WebLinkAboutMinutes - 1990060480 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 4, 1990 The Orange County Board of Commissioners met in regular session on June 4, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. 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 Manager Albert Kittrell, Recreation and Parks Director Mary Anne Black, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly Blythe, Agricultural Extension Director Fletcher Barber, Planners Emily Crudup, Eddie Kirk, Mary Scearbo and Jane Garrett, Planning Director Marvin Collins Purchasing Director Pam Jones, Aging Director Jerry Passmore, Land Records Manager Roscoe Reeve, County Engineer Paul Thames, Budget/Management Analys Donna Wagner, and Budget Administrator Rod Visser. I. BOARD COMMENTS Chairman Moses Carey announced that Orange County received an Emergency Shelter grant in the amount of $13,041 which will allow the InterFaith Council community shelter to provide a greater level of service to the homeless in this community. He also announced future meeting dates. II. COUNTY MANAGER'S REPORT County Manager John Link recognized Fletcher Barber who commended Alice Pettitt for receiving the first outstanding Extension Agent Field Faculty award from the N.C. State University Alumni Association. She received a plaque and $2,000. On behalf of the Board, Chairman Carey congratulated Alice for her accomplishments. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey stated that all citizens who want to speak will b recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA None PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. V. ITEMS FOR DECISION - CONSENT AGENDA T A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve the Consent Agenda as listed below: 81 A. BUDGET ORDINANCE AMENDMENT 14 To approve the amendments as listed below to the 1989-90 Buda-,-.. ordinance: GENERAL FUND Source - Intergovernmental $ 15,98 Appropriation - Human services _151,98 (To budget for additional Child Day Care grant funds) Source - Miscellaneous $ 17,19 Appropriation - Contributions to Outside Agencies 17,19 B. FIREWORKS PERMIT - TOWN OF CARRBORO To approve a permit for the Town of Carrboro's annual July 4th Celebration, contingent upon submission of proof of general liability insurance coverage. C. HOUSING REHABILITATION CONTRACT AWARDS To approve awarding three housing rehabilitation contacts as listed below: DWELLING UNIT BID AMOUNT CONTRACTOR 112 $ 4,268 Thames Construction Co. #14 23,150 Taylor Home Improvements #17 8,290 Thames Construction Co. D. EMERGENCY SHELTER GRANT AGREEMENT To approve the execution of the Emergency Shelter Grant Agree_.._.,' and Funding Approval with the N. C. Department of Economic and Community Development as well as the Agreement with InterFaith Council and authorize the Chair to sign the documents on behalf of the Board. E. CONTRACT APPROVAL - ARCHITECTURAL SERVICES FOR GOVERNMENT SERVICES CENTER To approve a contract with Haken/Corley & Associates in the amount of $198,000 to provide programming and design services throughout th Government Services Center construction project and authorize the Chair to sign on behalf of the Board. F. CONTRACT APPROVAL - ARCHITECT SERVICES 911 CENTER EXPANSION To approve a contract for architectural services with George Smart Architedts for the 911 Expansion Center Project in the amount of $25,000 and authorize the Chair to sign on behalf of the Board. G. BRATCHER RILEY - PARTIAL WIDTH RIGHT-OF-WAY To approve a request by Bratcher Riley for a reduction in right- of-way width from 50 feet to a minimum of 30 feet. Specifically, the partial width right-of-way is 30 feet from East Lebanon Road to the northernmost boundary line of Lot 5 (approximately 580 feet in length) and 40 feet along the Riley property (approximately 440 feet in length). 82 H. BID AWARD - WASTE CONTAINERS To award the bid to Nu-Life environmental, Inc., Easley, S.C. fo 70 containers at a unit cost of $383.45. VOTE: UNANIMOUS VIII. PUBLIC HEARINGS A. PROPOSED 1990-91 SECONDARY ROAD IMPROVEMENTS PROGRAM J. W. Watkins, Division Engineer explained the proposed program for the 1990-91 Secondary Road Improvements Program. He explained that las year, the program was reduced because of funding. The 1990-91 anticipated funding is $1,340,143 for Orange County. He explained that the priority list has not been changed and they expect to go right down the list for fou years. He listed the roads that they expect to pave this year. THE PUBLIC HEARING WAS OPEN TO RECEIVE CITIZEN COMMENTS. Timothy were signed by this road who Way easements. up to the point want it paved. adjacent roads Clerk's office. Harmon stated that in January of 1990 Right-of-Way easements residents of Walker Farm Road. There are two landowners on do not want it to be paved and have not signed the Right-of- He was assured by Mr. Watkins that the road could be paved at which the property is owned by the residents who do not A petition signed by residents of Walker Farm Road and was submitted and is in the Permanent Agenda File in the Roy McAdoo, a resident of Fuller Road and Tinnin Road, asked if thes roads would be paved. He was told that they were both on the list of roads to be paved. Chairman Carey asked if Participatory Paving Project funds could be used to aid projects that were under way. Watkins indicated that that project is limited to roads built prior to 1975. If 75% of the residents sign a petition, the county could assess all the residents, including the urooerty owners who did not sian the petition. A motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis, to close the Public Hearing. VOTE: UNANIMOUS A motion was made by commissioner Hartwell, seconded by-Commissioner Halkiotis, to adopt the Secondary Road Program with an amendment that will allow Walkers Farm Road to be paved in less than its entirety. VOTE: UNANIMOUS IX. REPORTS A. SCHOOL POPULATION - TRENDS COMMITTEE REPORT Planner David Stancil presented this report. An ad hoc committe was formed to study and analyze the state's projections, other alternatives the discrepancy between the overall rate of growth and enrollment projections, and the projected geographic areas of enrollment growth. In general, the Committee finds that the state's enrollment projections which show the City system growing at a significantly faster pace than the County 83 system are the most reliable and feasible to use for this report. The report contains a series of graphs which show that overall County popula,4 _o does not often "track" with enrollment trends. This report was receivec information. B. HSMT'S AGING PLAN TECHNICAL COMMITTEE REPORT Jerry Passmore reported on the development of a State Aging Plan Orange County has been requested to assist the N.C. Division of Aging (NCDOA) in preparing a State Aging Plan which was required by the N.C. General Assembly in March, 1990. The aging plan must include four elements (1) A detailed analysis of the needs of North Carolina's older adults (defined as 65+) (2) An analysis of services currently provided (3) An analysis of additional services needed (4) Specific recommendations on expansion and funding of curren and additional services Jerry Passmore reported on the Committee's charge, members of the sub- committee and the timetable for completing the project. C. PROPOSED PARK ORDINANCE Mary Anne Black gave an overview of the proposed Park Ordinance. Currently, no orange County Ordinances specifically address the regulations of activity at recreation & park facilities. The proposed ordinance would regulate activity such as consumption of alcoholic beverages, hunting, camping, etc. The Board accepted the report and asked that this item be placed on the June 26th agenda for decision. X. ITEMS FOR DECISION - REGULAR AGENDA A. CHESTNUT OAKS SUBDIVISION - AMENDED PHASING PLAN This item was presented by Emily Crudup. The preliminary plan for Chestnut Oaks was approved by the Board on February 16, 1988. The plan called for the lots to be developed in three phases. The property is located in Bingham Township on the west side of Jo Mac Road. Approximately 60.74 acres of the tract remain undeveloped. On April 18, 1988, the Planning Board approved the final plat for Phase 2 of Chestnut Oaks, which consists of four lots, and extends/upgrades the existing subdivision road t NCDOT standards. Since no other phase was submitted for final approval within twelve months of the approval of Phase 2, the preliminary plan approval expired. None of the improvements required in Phase 2 (roads, water system,,landscaping) were ever installed. Habitat has submitted a ne phasing plan which would combine phases 3 and 4 into a single remaining phase. Gemena Road would be retained as a private rather than a public road. This amendment is substantial and according to Section III-D-2-e of the Subdivision Regulations, the applicant is required to submit a new application. If this is done, the remaining acreage could be divided through a cluster application. However, 14 lots would be the maximum numbe allowed on 60+ acres. Members of the Planning Board were divided in their discussion of the issues involved. The Administration recommends that the request for an amendment to the Phasing Plan of Chestnut Oaks be resubmitt.e without major modification to accommodate the public roads approved as F of the Preliminary Plan on February 16, 1988. 84 John Eckblad, President of Orange County Habitat for Humanity, indicated that they are trying to pull together various resources in the community to work together to help alleviate the problem of affordable housing. He discussed the various elements of their plan which must work together in order to get these houses built. Habitat has two buildable lot at the present time. David Nichols, Partnership facilitator for Orange County Habitat, spoke in favor of the submitted plan for this subdivision. He indicated that the request being presented would prevent the further reduction of available lots and it would open the door for direct and substantive participation on the part of Orange County government in the effort to provide affordable housing. A rephasing request has been submitted which would allow development of 34 lots. The roads listed as public, paved, state maintained are requested to be listed as private, gravel, homeowner maintained. This request is a result of Habitat's need for county participation in the paving of these roads. He pointed out ways in which other areas have responded to the Habitat effort and asked Orange County to respond positively to this request for assistance. Allowing these roads to be private would allow Habitat and Orange County the time to find funding t pave these roads at a later time. Phil Szostak spoke in favor of Habitat's request. Bob Epting indicated that this is the first subdivision in which Habitat has been involved. His law firm has done title work for Habitat in the past.. He stated that he felt special privileges should not be granted to Habitat, however, amending the phasing plan adding Phase III to Phase II would alleviate the immediate problem. The time limit could then be extended to allow two years for completing the improvements to'Phase II. That two years would give Habitat time to establish a liaison with the county to help address issues such as funding for paving of this road, etc. J. W. Watkins indicated he was unaware of any State funds being used to pave roads in subdivisions since 1975. The State is not involved in private roads, either for paving or maintaining after completion. The provision, under the assessment part of the General Statutes, states that the Board of County commissioners may ask that a road be added to the Highway System. He also mentioned that the State does not have a time limit on when a road needs to be brought up to State standards. .Commis'sioner Marshall mentioned that many Community Development Bloc Grants are in communities that have hold-harmless funds. Counties do not normally have these funds and she asked that D.O.T. help the County find solutions to these problems. Chairman Carey acknowledged the cards and letters he received from citizens who were supportive of Habitat for Humanity efforts. He also indicated that he felt it was incumbent upon the Board of Commissioners to be clear about its authority and what can be done to help Habitat for Humanity. They also need to be clear about what they cannot do within the law. He recommended that the request for approval of a private, unpaved road be denied. 85 Commissioner the full support of can do, needs to be A motion was Halkiotis, to deny VOTE: UNANIMOUS Halkiotis mentioned that this is a program that needs county government. Whatever the Board of Commission-s, done to help these homes get built. made by Commissioner Hartwell, seconded by commissioner the request for rephasing with an unpaved, private road. A motion was made by Commissioner Hartwell, seconded by Commissioner Carey, to amend the phasing plan for Chestnut Oaks to combine Phase II and Phase III. The new, combined Phase II will be completed by June 4, 1992. Commissioner Willhoit stated that the County needs to do everything possible to facilitate paving. He suggested having staff review the plan t consolidate Phase III and II and see what they could do to help get the roa paved. Commissioner Marshall stated that it would be much more efficient to complete the paving all at one time rather than do part and then come back again with heavy equipment and damage the completed portion while working on the next section. David Nichols indicated that Habitat is prepared to raise $131,000 within the next year. This is their best estimate of'the cost of providing gravel roads for the entire subdivision. The motion as stated by Commissioner Hartwell is acceptable to Habitat. Link stated that the staff would support any phased amendment tha.. the Board pursues. The County Engineer has estimated the first phase would require approximately $75,000 for the paving, with another $190,000 to pave Phase II. It is within the capacity of the community to take care of raising funds for phase one within the first year. He suggested that staff return within 2 weeks with a proposal for the Board. There are funds in th budget.which could be used as the initial paving challenge grant. VOTE: UNANIMOUS Chairman Carey indicated that he would be willing to consider local legislation to help with this situation, particularly in the area of participatory paving. A motion was made by Chairman Carey, seconded by Commissioner Hartwell, to approve a $25,000 challenge grant from the 1990-91 budget, to encourage others to contribute to this paving effort. The Director of Housing and the County Manager will work with Habitat to explore all option available for this type of financing. VOTE: UNANIMOUS B. GIS AGREEMENT = ESRI Land Records Manager Roscoe Reeve presented for consideration of approval an agreement between the County and Environmental Systems Reset Institute (ESRI) for the purchase of geographical information system (GI. hardware, software, and support services, to implement the first phase'of 86 GIS in the County and in participating municipalities. He showed a video which described the ESRI and their product. After extended discussion abou the PRIME and the MAINFRAME and the downloading that will be required, it was decided that John Link would bring back to the Commissioners a report o the PRIME and how it is being used as well as future plans for this system. C. GIS PARTICIPATION AGREEMENT This item is contingent upon the approval of Item B. It will be placed on the June 26th agenda for decision. D. ZONING ATLAS AMENDMENT- Z-8--89 ENVI_ROTEK. This item is to consider a request from Envirotek, Inc. to chang the zoning of approximately 265 acres west of I-40 and north of New Hope Church Road from the Rural Buffer (RB) Zoning District to the Agricultural Residential (AR) Zoning District. The property is owned by Nello L. Teer Company, and the request was presented at public hearing on August 28, 1989 At its September 18, 1989 meeting, the Planning Board considered the zoning change request and recommended that it be denied per the Planning staff recommendation. Action on the request was scheduled for consideration by the Board of Commissioners at its November 6, 1989 regular meeting. In a letter dated November 6, 1989, counsel for the property owner requested postponement of the Board of Commissioners decision indefinitely. In a letter dated March 30, 1990, counsel for the property owner requested an "all deliberate speed" decision by the Board of Commissioners on its zoning change request. The property is located on the west side of I-40, between New Hope Church Road and Old NC86. It is known as Lot 1D and a portion of Lot 12 of Tax Map 9, and Lot 21 of Tax Map 2 of Chapel Hill Township. The tota area proposed for zoning change is 265.38 acres. If approved, the requeste change in zoning would decrease the minimum lot size from two acres to 40,000 square feet, and would permit non--residential uses not permitted in the Rural Buffer (RB) Zoning District. The Administration recommends that the requested zoning change be denied, per the Planning Board recommendation. Ward Nye, representing Nello Teer, spoke in support of this property being changed to AR. He stated that Teer feels that they have been denied any reasonable use of their property because of the current classification of Rural Buffer. He indicated that Teer feels that their vested rights wer denied when this property was rezoned. He indicated that this rezoning would be consistent with the Comprehensive Plan and that there is no other potential quarry location in Orange County. They believe that the future development needs of Orange County demand that a quarry be located in this area. He mentioned that quarries are highly regulated on the Federal, Stat and Local level and because of that make every effort to be good neighbors. He offered to enter into the permanent record a copy of a letter from Charles M. Hartsock, Jr. concerning the appraisal of this property. County Attorney Gledhill stated that information concerning the appraisal, which was not presented at the Public Hearing, should not be taken into. consideration by the Board in making its decision because the Public Hearing occurred August 28, 1989, the Planning Board considered the request and made its recommendation September 18, 1989 and no new evidence 87 is appropriate at this stage of these proceedings. A motion was made by Commissioner Halkiotis, seconded by Commiss_ Willhoit, to deny the rezoning request. VOTE: UNANIMOUS E. ADVERTISEMENT FOR JOINT PUBLIC HEARING JUNE 17,_ 1990 Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the legal notice for the Joint Public Hearing scheduled for June 27 as presented in the agenda packet. VOTE: UNANIMOUS F. REQUEST OF Motion was commissioner Hartwell one-percent surcharge as a line item in the acquisition of land i protection. - VOTE: UNANIMOUS OWASA TO FUND LAND ACQUISITION made by Commissioner Willhoit, seconded by to forward a letter to OWASA suggesting a funding of on the water bills of OWASA customers to be designate OWASA 1990-91 budget for the expressed purpose of a the University Lake Watershed for water quality .XI. APPOINTMENTS The following appointments were approved by the Board of County Commissioners: ABC BOARD - reappointment of Paul Williams and appointment of Jan.._._ Pinney ADVISORY BOARD ON AGING - reappointment of Diane.Brown, Betty Landsberger and Robert Seymour HUMAN SERVICES TRANSPORTATION BOARD -- appointment of Forest Walter SOCIAL SERVICES BOARD -- appointment of Rev. George I. Allison CARRBORO BOARD OF ADJUSTMENT - appointment of Olivia Ludington CARRBORO PLANNING BOARD - appointment of Margaret Brown XII. MINUTES Delayed until next meeting. XIV. ADJOURNMENT With no further items for consideration, Chairman Moses Carey, Jr. adjourned the meeting. The next regular meeting will be held on Tuesday, June 26, 1990 at 7:30 p.m. in the courtroom of the Old Post Office in Chape Hill, North Carolina. Moses Carey, Jr.-, Chair Beverly A. Blythe, clerk