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HomeMy WebLinkAboutMinutes - 19960116APPROVED 2112196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 16, 1996 The Orange County Board of Commissioners met in regular session on Tuesday, January 16, 1996 at 7:30 p.m. at the OWASA community meeting room in Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE 1. ADDITIONS OR CHANGES TO THE AGENDA The Board added one appointment to the Consent Agenda as item J - Hilliard Caldwell as Carrboro's appointment to the Chapel Hill-Orange County Visitors Bureau. Also, the Board will discuss the agenda for the upcoming joint meeting with the two school boards at the end of the meeting if time permits. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey indicated that citizens who want to speak to items on the printed agenda will be recognized at the time that particular item is discussed. B. MATTERS NOT ON THE PRINTED AGENDA Jef of Calavander asked that the Orange County Board of Commissioners take the Calavander area back under the County's planning jurisdiction. He trusts the County's planning process and not Carrboro. Carrboro is going to have a public hearing on the changes they propose for this area. He does not vote for anyone on the Carrboro Board of Aldermen and does not want anything to do with Carrboro. He said that on the same evening they have this public hearing, the Carrboro Board will vote on a moratorium to granting permits for building in that area. What that says to him as a citizen is that Carrboro has already decided to adopt the plan. He believes that this is not the intent of the Joint Planning Agreement. He asked that the Board please remove them from Carrboro's jurisdiction because citizens of the Calavander area have no say. Commissioner Willhoit made reference to a meeting he attended on the proposed plan. At that meeting he told the citizens that the County will have to approve any changes in the Land Use Plan. This means that Carrboro can have a public hearing on it but that does not enable them to make any changes to the plan. The moratorium they are talking about will allow them an opportunity to do further planning prior to the time development may occur in this area. The citizens in that area will have an opportunity to appeal to the Orange County Board of Commissioners prior to when changes may be made in the plan. He proposed that a letter be written to Chapel Hill and Carrboro asking them to allow the County to participate in small area planning up front instead of after the fact. By participating, the County can be sure that the citizens are adequately represented. He reemphasized that the County will have to approve any changes in the Land Use Plan before it is put into effect. With regards to the commercial area on Homestead Road near Calavander, he would like to talk with Carrboro about the other areas they are planning for commercial development. Commissioner Gordon suggested that the governing boards meet to discuss the location of existing and proposed commercial areas in the various jurisdictions to get a complete picture of their relationship to each other. Then the boards could determine whether the proposed commercial areas are the appropriate size and scale and whether they are appropriately sited and necessary, when all other proposed sites are evaluated. Geoffrey Gledhill said that part of Carrboro's small area plan includes areas that are in Carrboro's planning jurisdiction outside of the Joint Planning Area. He explained that the small area plan will go to a joint planning public hearing on April 18 and if approved by the governing boards of Carrboro and Orange County, the zoning would then need to come back to another public hearing. The citizens in this area will have an opportunity for input at each of these public hearings. Dora Minton, citizen in this same area, emphasized she does not want to be part of Carrboro. She said she finds it degrading to live in an area where people are planning to put factories in her backyard. Her family has lived here since 1913. She has surveyors in her yard and DOT driving down her private road. She said that no one has looked at the environmental impact this is going to have on their properties. She already has flooding because of recent development in her area. She wants an environmental impact statement done before any other development is approved in their area. She has been told that development is going to happen. She feels it is not right or fair since she cannot vote for members of the Carrboro governing board. She said that Carrboro is not interested in the environment , history, land or how it is going to impact the families that have been here for years. She said that she wants to stay in Orange County as do 90% of those who live in the northern transition area. Chair Carey said that the Board will take these comments under advisement. He will bring her comments to the attention of Carrboro officials. Linda Roberts, citizen in this area, noted that when this process was started, she thought the committee would include citizens who live in that area who would come together to develop a plan that they could all live with and would be agreeable to everyone. She got on the committee and attended four meetings. After four meetings, there were 30 people on the committee with 6 of those 30 living in that area or who owned property in that area. The other members were developers, real estate people, etc. She said that whenever anyone who lived in the area spoke, they were not heard. They want to be in the County and not in Carrboro because Carrboro has no concern for what the majority of people want in that area. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Commissioner Halkiotis made reference to a letter that will be sent to the Department of Transportation about the inadequacy of the recent snow removal. He emphasized his concern about the safety of citizens who had to travel the roads that were snow covered and ice covered. He feels that if DOT cannot buy the equipment necessary for snow removal, they should consider contracting out these services. Also, they should be able to afford sand and salt for the roads. IV. COUNTY MANAGER'S REPORT -NONE V. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION FINALIZING THE $22 MILLION PRIVATE PLACEMENT FINANCING FOR THE JAIL ADDITION, COURTHOUSE ADDITION AND SOUTHERN HUMAN SERVICES CENTER CONSTRUCTION Geoffrey Gledhill explained that Orange County will borrow funds in the amount of $2,000,000.00 to enable the County to finance the construction of a jail addition in Hillsborough, a courthouse addition in Hillsborough, and a new Human Services Center in Chapel Hill, North Carolina and the County desires to obtain said advance from NationsBank (lender) pursuant to the terms and conditions set forth in the "Installment Purchase Contract". The security interest the bank has in the property will disappear once the County repays the loan. The County will maintain the facilities and carry insurance on the properties. The proposed interest rate is 4.35 per cent. Geof Gledhill explained that to maintain that rate, the County must limit its new debt for 1996 to $10 million including this $2 million. If the County borrows more than $10 million in one year, the interest rate would be higher. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther to approve the resolution as presented authorizing the Chair and Clerk to the Board to complete documents consummating the $2 million private placement financing arrangement with NationsBank for the Jail Addition, Courthouse Addition, and Southern Human Services Center. VOTE:®®UNANIMOUSH VI. SPECIAL PRESENTATIONS A. ORANGE COUNTY ARTS COMMISSION PRESENTATION OF GRANTS AWARDS Chair Carey presented checks to the recipients of grant awards. These are listed in the agenda abstract. VII. PUBLIC HEARINGS A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Tara Fikes, Director of Housing and Community Development, asked for public comments on the FY1996 Community Development Block Grant Program application in the Housing Development category. These funds are provided by the N.C. Department of Commerce and the maximum amount is $250,000. Susan Levy, Habitat for Humanity, asked that an application be prepared to build five homes in Efland Estates in Efland. The money would be used for infrastructure. By using grant funds for the infrastructure, these homes will be affordable for the low and moderate income. She gave the County Commissioners an update on the homes that had been built and were currently under construction by Habitat. There were no further comments and the public hearing was closed. Tara Fikes indicated that an application will be prepared and presented for another public hearing and approval in March, 1996. VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. Z-8-95 JONES CONCRETE SERVICE - ZONING ATLAS The Board approved a request to rezone a 1.54-acre lot from AR Agricultural-Residential to EC- 5 Existing Commercial in Cedar Grove Township. This lot is owned by Henry Ernest Jones at 5908 NC 86 North. The premises has been used commercially for Jones Concrete Service since 1969. This rezoning will correct an oversight during the original zoning of Cedar Grove Township which had an effective date of January 1, 1994. B. MINUTES The Board approved the minutes for November 1, 1995 and November 27, 1995. C. DRUG AND ALCOHOL TESTING COVERAGE UNDER THE COUNTY'S TRIANGLE J AGREEMENT The Board authorized the inclusion of Cedar Grove Day Care, Cedar Grove Head Start and OPC Mental Health under Orange County's agreement of participation with the Triangle J Council of Governments Safety Services Consortium for Local Governments. D. HAZMAT GRANT The Board accepted the $200 Implementation Grant for the Orange County Local Emergency Planning Committee and authorized the Manager to sign the Memorandum of Understanding with the Division of Emergency Management. E. HOME PROGRAM - ABBOTTS COLONY This item was removed and considered below. F. HOME PROGRAM - CREEL STREET This item was removed and considered below. G. IMPACT FEE REIMBURSEMENT The Board approved the impact fee reimbursement request from Habitat for Humanity in the amount of $2,250. H. COMPREHENSIVE PLAN AMENDMENT CP-2-95 CHARLES AND JAMES DAVIS The Board approved a proposal to expand an existing Twenty-Year Transition Area for a parcel between NC 86 and Old NC86, south of the Town of Hillsborough for property owned by Charles Davis and James L. Davis as indicated in the November 27 staff analysis and recommendation, and per the Planning Board recommendation. 1. 1996 CLG SURVEY AND PLANNING GRANT APPLICATION The Board authorized the County Manager to apply for up to $8,655 from the CLG Survey and Planning Grant Program. The amount would be matched by $2,525 from Orange County and would be used to complete the National Register nomination for the Cedar Grove Rural Historic District. ADDED ITEM J. APPOINTMENT The Board appointed Hilliard Caldwell to the Chapel Hill-Orange County Visitors Bureau as a representative of the Carrboro Board of Aldermen. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA E. HOME PROGRAM - ABBOTTS COLONY F. HOME PROGRAM CREEL STREET In answer to a question by Commissioner Gordon, Tara Fikes indicated that these requests to transfer ownership happened because they could not get a builder to build as originally proposed. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to authorize the transfer of two lots in Abbotts Colony in Chapel Hill from the Orange Community Housing Corporation to the Joint Orange Chatham Comprehensive Community Action Agency, Inc. (JOCCA) and authorize the Chair to execute the Development Agreement with this agency on behalf of the Orange County HOME Consortium upon the County Attorney's review and approval and to transfer two lots on Creel Street in Carrboro from the Orange Community Housing Corporation - one to the Joint Orange Chatham Community Action Agency, Inc. (JOCCA) and the other to Habitat for Humanity, Orange County, NC, Inc. and authorize the Chair to execute the Development Agreement with these two agencies upon the County Attorney's review and approval. VOTE:®®UNANIMOUS® IX. ITEMS FOR DECISION - REGULAR AGENDA A. NORTH CAROLINA SCHOOL CAPITAL CONSTRUCTION STUDY COMMISSION SURVEY John Link said that each local school board is required to submit a survey of its ten year capital needs to the Board of County Commissioners for approval or disapproval. He recommends approval with the disclaimer that Board approval of the surveys does not necessarily constitute either endorsement of all the needs cited by the schools or approval of any project as part of the CIP. A copy of each survey is in the permanent agenda file in the Clerk's office. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to approve the capital needs survey for the two school systems, with the qualifications described in the agenda and authorize the Chair to sign the survey forms and transmit them with a cover letter to the NC School Capital Construction Study Commission. VOTE:MMUNANIMOUSM B. Z-7-95 VERNON P. AND BARBARA S. DAVIS ZONING ATLAS AMENDMENT Planner Mary Willis presented for consideration a request to rezone a 4.67 acre portion of a 10.01 acre lot owned by Vernon P. and Barbara S. Davis from AR Agricultural-Residential to AS Agricultural Service in Bingham Township. The property is located in the southwest corner of NC54 and White Cross Road and abuts a .11-acre NC-2 Neighborhood Commercial district located on the immediate corner of the intersection. The Planning Board considered the proposed rezoning on December 18, 1995 and recommended denial of the rezoning request by a 10 to 1 vote. The applicants have requested that a decision on the proposed rezoning be tabled until issues related to permitted uses in the AS District are resolved and a Small Area Planning Process is completed. There is no time limit on the consideration of rezonings. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon that a decision on the proposed rezoning be tabled as requested by the applicants and (1) that the issue of permitted uses in the AS District be referred to the Ordinance Review Committee following review and comment by the Agricultural District Advisory Board, Cooperative Extension, and Economic Development Commission and (2) that the issue of permitted uses be reviewed. The question of establishing a small area planning group to work with the property owners in and around the White Cross activity node to prepare a land use plan for the node will be taken under advisement by the Commissioners. VOTE:MMUNANIMOUSM C. CP-3-95 LAND USE ELEMENT AMENDMENT The Board considered amendments to the Land Use Element of the Comprehensive Plan to include the inventories for historic sites, archaeological sites and natural areas and wildlife habitats which have been completed but have not been incorporated into the Land Use Element. A motion was made by Commissioner Halkiotis, seconded by Chair Carey to approve the proposed amendments as presented at the November 27 public hearing and approved by the Planning Board at its December 18, 1995 meeting. VOTE:MMUNANIMOUSM X. REPORTS A. PRESERVATION ELEMENT OF THE COMPREHENSIVE PLAN The Board received a detailed report on the proposed Historic Preservation Element of the Comprehensive Plan which is tentatively scheduled for the February 26 public hearing. Dale Jaeger, Principal of the Jaeger Company presented the draft Preservation Element and answered various questions. She showed slides to illustrate that there are historic resources in all parts of Orange County. These illustrated the various types of historic resources as identified in the survey. B. SENIOR CENTERS DEVELOPMENT PLAN COMMITTEE AND INTERIM REPORT Director of the Department on Aging Jerry Passmore presented an update on the activities of the Senior Centers Development Plan Committee. The interim report will come back to the Board of County Commissioners in May after further input from public hearings that will be held at the Senior Centers around the County and the other governing boards. The purpose of the report is to have a blueprint for providing senior services in Orange County. Implementation of the recommendations will depend entirely on available funds including private funds. C. WELFARE/HUMAN SERVICES REFORM TASK FORCE Social Services Director Marti Pryor-Cook presented for consideration of approval a charge and composition for a task force which will make recommendations to the Orange County Board of Commissioners for implementing changes in public assistance and other human service programs. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the charge, approve the composition adding a member from the Department on Aging Board, the Health Board and the Parent Council associated with the Partnership for Young Children and to begin this task force immediately. A County Commissioner will be added as an exofficio member. VOTE:MMUNANIMOUSM of daycare. Marti Pryor-Cook will provide a packet of information to the County Commissioners on the state D. REPORT ON DEDICATION/PAYMENT IN LIEU PROVISION The Board received a report on the dedication/payment-in-lieu provisions of the Orange County Subdivision Regulations. The report described the "Dedication Formula" and "Payment-in-lieu Formula". It was the consensus of the Board to move forward according to the time schedule included in the agenda. A public hearing on this issue will be held on February 26, 1996. E. SKILL DEVELOPMENT CENTER LEASE OPPORTUNITY The Board received a report from Purchasing Director Pam Jones and Assistant Economic Development Director Greg Payne on the possibility of leasing space in Chapel Hill for a Skill Development and Small Business Facility. EXTENSION OF MEETING TIME A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to extend the Board of County Commissioners meeting for fifteen minutes. VOTE:MMUNANIMOUSM The Building is located at 503 West Franklin Street in Chapel Hill. The building has 12,700+ square feet and the term of the lease would be for three years with one three year renewal. Pam Jones outlined the responsibilities of the owner of the facility and the responsibilities of the County. After a brief discussion, Pam Jones was directed to negotiate a lease and to discuss with the owners repairs for the bathrooms and the air conditioning. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize Pam Jones to negotiate a lease for the facility and bring back for Board consideration on February 5, 1996. VOTE:MMUNANIMOUSM XI. APPOINTMENTS -NONE XII. MINUTES - NONE Xlll. CLOSED SESSION - NONE XIV. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on February 5, 1996at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk