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HomeMy WebLinkAboutMinutes - 19911007 584 • MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 7, 1991 The Orange County Board of Commissioners met in regular session on Monday, October 7, 1991 at 7 : 30 p.m. in the courtroom of the Old Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Care Y. Jr. Vice-Chair r Stephen H. Halkiotis and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT:, County Manager John M. Link, Jr. , Assistant County Managers Albert - Kittrell and Rod. Visser, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Personnel Director Elaine Holmes, Planners Eddie Kirk, Mary Scearbo and David Stancil, Purchasing Director Pamela Jones, Public Works Director Wilbert McAdoo, and County Engineer Paul Thames. NOTE: ALL BACKGROUND INFORMATION ON ITEMS LISTED IN THIS AGENDA ARE IN THE PERMANENT AGENDA FILE IN THE CLERK' S OFFICE BOARD COMMENTS Item XI Appointments was postponed for further information. Commissioner Halkiotis asked that the Board consider the question of whether or not this Board needs to have a Commissioner representative on the Regional Library Board. A report will be forthcoming on this topic. He also noted to the Board that the bumper stops for the new Government Services Building will be made from recycled plastic. He commended Pam Jones for this wise decision. Commissioner Gordon made reference to a memo about the Clean Air Amendments and commented on how they relate to the Durham-Chapel Hill Thoroughfare Plan. Chair Carey stated that because of the construction of the new parking deck in Chapel Hill, it will be necessary to move the location of the regular Tuesday meeting. The OWASA community meeting room has been selegted for these meetings for the present time. Chair Carey noted that he has been in contact with the Chairs of Durham and Wake counties about the county's share of the request from the Triangle Transit Authority for part of their operating expenses that the legislature assumed we were going to share when they approved the Authority's use of the vehicle tax for operating expenses. This will be discussed further and presented for Board action in the near future. With reference to the recent decision by the Utilities Commission opposing county-wide toll free calling, Chair Carey recommended that options be explored, involving the citizens, to decide on further action. This will be discussed in detail at the next regular meeting. 585 Chair Carey congratulated Tara Fikes on receiving a $250, 00c grant for the development of Whitted Forest which will provide affordable housing for the central portion of Orange County. COUNTY MANAGER' S REPORT County Manager John Link announced that the Report to the People has been distributed and copies are available to any organization that need additional copies. He thanked the County staff and department heads for their contributions to this report. I. ADDITIONS OR CHANGES TO THE AGENDA - NONE II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those citizens who would like to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Mr. Duane Stewart, representing White Hall Investments who own Duke Forest Park, a mobile home community located between US 70 and Old NC 10, asked for the Board' s support on a problem involving right- of-way. He stated that the wastewater treatment system currently consist of a septic tank and a sand filter discharging into a dry creek. Tht discharge is currently not meeting the limits of the Division of - Environmental Management permit. The only alternative to them is to pump into the City of Durham wastewater system to which they have agreed.• The problem is getting from the Mobile Home Park to the city system. The Department of Transportation does not normally allow private utility construction within their right-of-way. He has attempted to get an easement from the property owners along this road but has been unsuccessful. He asked the Board to consider accepting this force main for maintenance, ownership, etc. This was referred to the County staff for followup. PUBLIC CHARGE Chair Carey read the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Item D was removed and considered as a separate item. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. BUDGET ORDINANCE AMENDMENT #4 The Board approved and authorized the Chair to sign an agreement with Durham Technical Community College to provide support to the college for emergency service training courses offered within Orange- County, and the following budget ordinance amendments and Section . Program Block Grant Project Ordinance: • • 586 GENERAL FUND_ Source - Charges for Services $ 6,430 Appropriation - Public Safety 6,430 (To budget for Durham Tech training contract) • - LITTLE RIVER FIRE DISTRICT Source - Miscellaneous $ 1, 521 Appropriation - Little River Fire Dist. 1, 521 (To budget for Greater Triangle Foundation Grant) SECTION 8 PROGRAM BLOCK GRANT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13 .2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. section 1. The project authorized is the Housing Authority project as described in the work statement contained in the grant agreements NC19-K104-001, NC19-V104-001-005 and NC19-E104- 001-009 between this unit and the U.S. Department of Housing and Urban Development. This project is more familiarly known as the 1990-91 Section 8 Project. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the U.S. Department of Housing and Urban Development and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental: Existing $1,788, 903 Moderate Rehab 440, 355 Voucher 448, 323 Total Revenue 2, 677, 581 Section 4. The following amounts are appropriated for this project: Rental Assistance: Existing $1, 612, 968 Moderate Rehab 398, 304 Voucher 405, 120 Administration: Existing 175,935 Moderate Rehab 42 , 051 Voucher 43 ,203 Total Appropriations $2, 677,581 Section 5. This ordinance supersedes all previous Section 8 Program Grant Project Ordinances. 587• Section 6. The finance officer is hereby directed to maintain within the Section 8 Fund sufficient specific detailed accounting records to provide the accounting records to provide the . accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 7. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 8. Copies of this grant project ordinance shall be made available to the finance officer. for direction in carrying out this project. Section 9. This project ordinance if effective July 1, 1991. B. PETITION FOR ABANDONMENT - PORTION OF GIBBS LANE IN ENO TOWNSHIP The Board approved a petition from NCDOT for the abandonment of approximately 264 feet of maintenance at the end of Gibbs Lane from the State-maintained Secondary Road System. C. AMENDMENT TO CHATHAM COUNTY EMERGENCY MEDICAL PROTECTIO7 CONTRACT The Board approve an amendment to the Chatham County Emergency Medical Protection Contract which will allow Orange County to disclose confidential patient information to Chatham County for billing purposes. D. CHANGE OF MEETING PLACE FOR REGULAR TUESDAY MEETING Moved to the end of the Consent Agenda. E. CONTRACT APPROVAL FOR THE EFLAND CHEEKS COMMUNITY CENTER AND PARR The Board approved and authorized the Chair to sign a contract with O'Neal Construction Company, Chapel Hill, NC for a sum of $224, 147 for construction of the Efland--Cheeks Community Center and Park. VOTE ON THE CONSENT AGENDA: UNANIMOUS D. CHANGE OF MEETING PLACE FOR REGULAR TUESDAY MEETING Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve changing the meeting place for the Board's regular Tuesday meeting to the OWASA Community Meeting Room for an indefinite period. VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS - NONE V. SPECIAL PRESENTATIONS - NONE 588 VI. PUBLIC HEARINGS A. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Tara Fikes, Director of Housing and Community Development, stated this item is presented to receive citizen comments regarding the Consolidated Comprehensive Housing Affordability Strategy for. Orange County. This document assesses county housing needs and outlines future plans for addressing these needs. All comments will be incorporated into the final document prior to submission to HUD on or about December 16, 1991. No comments were received. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to close the public hearing for public comments. Written comments may be received until December 1, 1991. VOTE: UNANIMOUS - - B. SUP-1-91 FOR THE GREEN HILL BED AND BREAKFAST Eddie Kirk, Vic Knight and James F. Davis were sworn in by the Clerk to the Board. Planner Eddie Kirk gave an overview of the request for a Special Use Permit. He stated that the applicants, William Thomas Proctor, III and Evelyn D. Proctor, have requested a Class A Special Use Permit for a Non-Residential Reuse/Mixed Use of an historic Green Hill residence. The property is located at the southwestern corner of the intersection of US 70 and Lawrence Road. The property contains 6. 46 acres. The proposed request would allow for the house to be used as a bed and breakfast facility for a maximum of six (6) adults. The Zoning Officer recommends approval with the attachment of three conditions. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS Mr. James F. Davis, neighbor of the Proctors, indicated he needed additional information before he decides if he is for or against this proposal. The house has been for sale for 1-1/2 years. He is for the proposal if it will help his property, but against it if it will hurt him. He questioned the motive of the need to have a bed and breakfast with a $600, 000 or $700, 000 investment. Chair Carey suggested that Mr. Davis could get a lot of his questions answered by talking with the Proctors or by talking with the County Planning staff. Commissioner Insko described for Mr. Davis the process that will be followed before the Board will formally consider this proposal for approval. There will be ample opportunity for him to comment and ask questions. It was clarified that if a Special Use Permit is issued and the property is sold that the Special Use Permit runs with the sale of the property. Mr. Davis indicated this was his main objection. Also, the information received tonight as well as written comments received before the Planning Board meets will be taken into consideration. Mr. Davis stated that he would be happy for the Proctors to have what they want if they can convince him and his wife that it is going to be for the good of the community. r� 589 Eddie Kirk cited the Ordinance requirements as listed in Article 8.2 .2 . Mr. Davis feels that the granting of this SUP will enhance the salability of the property. Vic Knight, local appraiser, stated that he was hired to evaluate the impact that this particular use would have on the subject property. With regard to the value aspect as it pertains to the adjoining and contiguous properties, he looked at the sales of surrounding properties of two other bed and breakfast establishments and how they may have been impacted by the granting of a SUP. What he determine was that the value impact seems to be negligible or nil. Mr. Davis ' property was not used as a comparable because his property did not change ownership. The use of the property as a bed and breakfast would cause a significantly less impact than• other uses might on this property in that particular location. Mr. Davis stated he doesn't want something in his neighborhood that is not needed. Chair Carey stated that it would be Mr. Davis ' responsibility to present evidence that the value of his property would decrease if this proposal is approved. After this public hearing, the Planning Board may receive and take into consideration any written evidence, including that which would be contrary to what has been presented. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon that the application be referred to the Planning Board for a recommendation to be returned to the Board of CommissionerE no sooner than November 4 , 1991 and no later than December 4 , 1991. VOTE: UNANIMOUS VII. REPORTS A. HILLSBOROUGH REOUEST TO PURCHASE OWASA SIXTEEN INCH WATER LINE This report is in response to Hillsborough' s request to OWASA to purchase the OWASA sixteen inch water line which has been used to transport water between Hillsborough and OWASA. In answer to a question from Commissioner Gordon, Paul Thames stated that OWASA questioned that if Hillsborough got control of the line and they developed in the area served by the line to such an extent that the demand for water used up a large portion of the carrying capacity of that line and OWASA needed to get water,in or out of Hillsborough through that line, how would that be accomplished. Thames stated that in any event Hillsborough would have to have a new pump station built at the boundary of the service area because OWASA' s existing pumps would not be able to pump into a high pressure zone. This pump station would need to be designed to overcome the high pressure zone and be able to run enough water through to satisfy the Hillsborough service area water demand plus be able to carry the water from OWASA to Hillsborough. He feels that this pump station can be designed to OWASA's satisfaction. The problem is that building a pump station would be costly and the feasibility of buying this line comes into question. Hillsborough may be better off financially to build a 12" line instead of buying this 16" line. iv - 590 Chair Carey emphasized that the Board' s interest is assuring that the user permit only uses which are consistent with Orange County' s Comprehensive Land Use Plan and/or any Joint Land Use Plan which may be developed and in the continued availability of that line tor. transmission of water. Hillsborough must determine if it will be economically feasible to purchase this line and OWASA must determine if it will be economically feasible for them to convey this line either by selling or leasing to Hillsborough. Commissioner Insko stressed that it is important for the County's appointees to take the information that is provided and make their own judgment about it. The information received does document that it is feasible for this to take place and also documents the problems that Hillsborough would have going under Churton Street and under 1-85. She suggested that this information be forwarded to the OWASA Board as information the Board of Commissioners has received which OWASA may want to take—into consideration in making a decision to sell or not to sell this line to the Town of Hillsborough. Chairman Carey will write a letter to OWASA reflecting the comments made at this meeting. In answer to a question from Commissioner Halkiotis, Geoffrey Gledhill stated that the remedy of eminent domain is available. Hillsborough Commissioner Bob Rose emphasized that the town would not want to do anything that would jeopardize the capability of transmittal of water from OWASA to Hillsborough or from Hillsborough to OWASA. Hillsborough is only asking the County Board of Commissioners to support their wishes to investigate the feasibility of purchasing this line. They will have an engineering plan done which must prove that the transmission of water won't be jeopardized or they won't continue with the plan to purchase this line. Ed Holland, Research and Planning Administrator with OWASA, stated that there is a joint application from the water providers in Orange County for an allocation from the Jordan Lake. This 16-inch water line will be the best way to get that water to the Hillsborough area. B. EFLAND SEWER SYSTEM This report provided information to the Board on the current operational status of the Efland Sewer System and gave several scenarios for the constructing and financing expansions to the system. County Engineer Paul Thames used a colored map to show the six phases of the Efland Sewer system. Part of phase one has been completed. The remaining section of phase one is the section that has the highest number of people who are still interested in connecting to the sewer system. Phase two is downtown Efland and contains most of the commercial facilities in Efland. Phases two and three can be constructed independently of each other or any other section. Phase four is designed to be constructed after phase three is constructed. However, it could be redesigned so that it could be constructed alone. The construction of phase five requires that either phase two or phase one be constructed prior to its construction and phase six is depended upon the remaining section of phase one being constructed. 591 Thames reported on the construction costs for all the six phases and the total cost for expanding the System. These figures are in his report in the Permanent Agenda File. He reported that 111 taps have been installed in phase one. Of that number there are 76 paying customers. The remaining 35 customers have not tapped on or are buildings standing empty. Most of these people are paying a monthly sewer rate of $15. 20. If CDBG funds can be obtained, the customer base would increase approximately by 60 customers in the existing phase one. Mr. Roy McAdoo spoke for those citizens who are paying the monthly sewer fee and who cannot afford to tap onto the system. He emphasized that these people really do need the sewer line. There is one person who has granted an easement but has not received a stubout. Benny Cecil, Chairman of the Efland Environmental Group, spoke in support of finding' a solution to complete the system. There are a lot of problems in' the• Efland area with failing septic tanks which has caused a health hazard for that community. He offered to work on a special study group that would look into the situation to help all those citizens in that area. Chair Carey referred to the staff the question on the easement. He is aware of the public health problems and asked the staff to look into funding options that may be available including CDBG monies. The options will need community involvement so they can comment on the desirability of the options for the community. It will require time and energy. Commissioner Halkiotis agreed, emphasizing that something needs to be done in that area because it is a public health - ' hazard that needs to be corrected. C. VISITOR BUREAU The County Manager asked for Board comments on materials distributed last week. The materials covered draft position description, recruitment plan, advertisement, Visitor Bureau timetable, and suggested initial Board meeting agenda. The Board had no comments or questions. D. STATE WATERSHED CLASSIFICATIONS AND STANDARDS Planner David Stancil gave an overview on a proposed Orange County position paper regarding the State watershed protection classifications and development standards. This item was presented at public hearing on August 26, 1991. The Board received this as a report. This item will be placed on the next agenda as- a decision item. . VIII. ITEMS FOR DECISION - REGULAR AGENDA A. BID AWARD - EQUIPMENT FOR FRAZIER ROAD SOLID WASTE COLLECTION CENTER Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to award the bid for equipment to be used at the Frazier Road Solid Waste Collection Center to Waste Industries West, Inc. at a cost of $27, 001. Other bids were received from NuLife Environmental for $28,352, McClain Industries for $27, 442. 39 an Cavalier Equipment for $27,412 .40. VOTE: UNANIMOUS =--� 592 B. 911 EXPANSION PROJECT - CHANGE ORDER APPROVAL Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the change orders as presented and to authorize the Purchasing Director to execute the necessary paperwork. VOTE: UNANIMOUS C. HISTORIC INVENTORY CONSULTANT Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a contract with Kelly Lally and Ruth Little to conduct the inventory of historic sites and structures in the unincorporated portions of Chapel Hill Township per the Historic Preservation Commission recommendation. The consultants will be reimbursed for their services in an amount not to exceed $10. 000. The approval of this contract is contingent upon staff and attorney review. VOTE: UNANIMOUS = . D. ZONING ORDINANCE/SUBDIVISION REGULATIONS TEXT AMENDMENTS VESTED RIGHTS ZONING ORDINANCE TEXT AMENDMENTS Article 22 - Definitions (Site Specific Development Plan, Vested Right) Article 14.3 - Site Plan Review Article 8 - Special Uses SUBDIVISION REGULATIONS TEXT AMENDMENTS Section II -- Definitions (site Specific Development Plan, Vested Right, Minor Subdivision) Section III-D - Application and Approval Procedures These amendments are included in the Zoning and Subdivision Ordinances located in the Clerk's Office) . Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the proposed amendment revised to include a statement on the approved plan that a vested right has been established. VOTE: UNANIMOUS E. PROPOSED LEASE - GRAHAM BUILDING Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a lease, contingent upon staff and attorney review, with Hillsborough Savings and Loan, for a period from November 1, 1991 through June 30, 1995 at the following rates: November 1, 1991 through June 30, 1993 at $500 per month July 1, 1993 through June 30, 1994 at $525 per month July 1, 1994 through June 30, 1995 at $552 per month VOTE: UNANIMOUS 593 F. HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT After a brief discussion, motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the revised Cooperative Planning Agreement between Orange County and the Town of. Hillsborough, including the proposed amendment to Article 4 and the punctuation corrections as recommended by the Planning Board and a revision to change the wording of the last two sentences in Article 1, Section 1.2-D "Open Space Area" to read as follows: "The Open Space Area is further defined as land which, although adjacent to an urban or transition area, is generally non urban and which is generally not expected to become urban and will generally contain low density residential uses. This area may be served by public water and sewer but solely for the purpose of the development of large developments, or a combination of small developments, with significant preserved open space. (delete the rest of the sentence) . VOTE: AYES, 3 ; NOES, 1 (Commissioner Willhoit) Commissioner Willhoit opposed this change in language because he feels something should be something than not be something. It should be defined. IX. BOARD COMMENTS - listed on page 1 of these minutes X. COUNTY MANAGER'S REPORT - listed on page 2 of these minutes XI. APPOINTMENTS - postponed to next meeting XII. MINUTES Motion was made by Commissioner Gordon, seconded by Chair Carey to approve the minutes for the Regular Meeting held on September 17, 1991 as circulated. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With yno further items for consideration, Chair Carey adjourned the meeting. The next Regular Meeting will be held on October 22, 1991 in the OWASA Community Meeting Room, Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk • - 594 2 5oli4 (Jo s4c Co/%c7 7416. ii BID TABULATION BID FOR: FOR OFFICE USE: C'e.,�'� �AcerP � BID AWARDED TO: CLOSING DATE: 7- 9/ BID PRICE: CLOSING TIME: QO� �• BUDGETED AMOUNT: � I rof / CdsfJJ VENDOR .5 ,Debi/ery I 0,64.e/di 3o 3o0ay� Q37�"c 1.��v3 fig r3 GJi�T �./�� 1.):7/ 0/.04, CMG rd f 0.1 41--04 , • „mei°, et kir) 44e.11-- 274-- i6e ' ile,./..‘e"id/ yie fi-3U /zip a s jo?:1 3.5.2. op ' l c�/���✓.L../aIv ri'�� A✓e f 3G r C .t vd e/ /i: Ju 3-6 G� B a3 4/62,41,0 ,