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HomeMy WebLinkAboutMinutes - 19970804APPROVED 417198 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING August 4, 1997 The Orange County Board of Commissioners met in regular session on Monday, August 4, 1997 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis. 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 DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDING TAPES OF THE MEETING WILL BE KEPT FOR FIVE (6) YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA -NONE 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Crowther stated that citizens who have indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. b. Matters not on the Printed Agenda Alison Weiner, Orange County Housing Foundation, requested that the County Commissioners increase the amount of local funds for housing. She made reference to the 10 year Capital Improvement Plan (CIP) and asked that $440,000 be set aside each year for affordable housing. These funds would be used to generate other funds for housing. John Tyrrell, Orange County Community Foundation and Habitat for Humanity, said that they have started 51 houses in Orange County and expect to begin 50 more in the next five years. He asked that the County Commissioners expand their support for Habitat for Humanity and provide $2.2 million from the CIP over the next five years. George Sanford, Pineknoll Development Association, said that they provide housing in partnership with Chapel Hill . They renovate houses and also truck houses into a community and place on vacant lots. Ninety percent of all labor is provided by volunteers. He asked that the County help them with building materials. He supports the bond issue of $1.8 million but also asked that the County Commissioners appropriate $400,000 annually from their CIP for this effort. PUBLIC CHARGE Chair Crowther dispensed with the reading of the public charge. 3. BOARD COMMENTS Commissioner Halkiotis distributed information about what the County has contributed for housing over the last seven years. The Capital Needs Task Force recommended 1.8 million and this figure has been carried forth throughout the process. He does support all parts of the bond package. This is the first time that Orange County has really done something for affordable housing through a bond. Commissioner Gordon distributed information on the school bond. This proposal would give $20.8 million to Chapel Hill-Carrboro City Schools for new construction and $18.3 million to Orange County Schools for new construction. It also would distribute on a per pupil basis monies for renovations totaling $7.8 million. Commissioner Carey made reference to affordable housing efforts over the last seven years. He feels that we need to take a look at what we can do from the County's current and future CIP. He feels there is a definite need and he hopes the County can provide additional funding for affordable housing. Commissioner Brown said that she was a County Commissioner representative to the Capital Needs Task Force. She feels that it is a big step forward to place affordable housing on the bond issue. She is delighted to see the level of support for affordable housing this has generated. 4. COUNTY MANAGER'S REPORT - NONE 5. RESOLUTIONS/PROCLAMATIONS A. RESOLUTION OF APPRECIATION FOR BOBBIE STRICKLAND A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION OF APPRECIATION FOR BARBARA T. STRICKLAND IN RECOGNITION OF HER SERVICE AS ORANGE COUNTY DIRECTOR OF ELECTIONS WHEREAS, Bobbie Strickland served the citizens of Orange County faithfully for more than 27 years; and WHEREAS, she served with honor, integrity, and distinction as Orange County's Director of Elections since 1969; and WHEREAS, she managed the voter registration process and carried out, with great efficiency and accuracy, numerous federal, state, county and municipal elections in an atmosphere of unparalleled customer service; and WHEREAS, Bobbie Strickland retired from her duties as Orange County Director of Elections on April 1, 1997; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby recognize Bobbie Strickland for her superb leadership as Orange County Director of Elections and for her faithful service to Orange County for more than 27 years; and FURTHER, BE IT RESOLVED that the Orange County Board of Commissioners expresses its appreciation to Bobbie Strickland for her hard work, enthusiasm, integrity, and fairness in discharging her duties on behalf of Orange County citizens; and offers its heartfelt congratulations and best wishes for her retirement. VOTE: UNANIMOUS Note: Bobbie Strickland was given a standing ovation and she thanked the members of the Board of Elections, her co-workers, precinct workers, department heads and administration for their help and support in carrying out her duties as Director of Elections for Orange County. B. RESOLUTION OF APPRECIATION FOR PEARSON STEWART Planner Don Belk made introductory remarks. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution of appreciation as stated below. RESOLUTION OF APPRECIATION for PEARSON STEWART WHEREAS, Pearson Stewart was appointed as a member of the Orange County Agricultural Districts Advisory Board on June 30, 1993; and WHEREAS, he faithfully served his fellow citizens of Orange County on this volunteer commission which laid the foundation for the County's program of voluntary farmland preservation; and WHEREAS, his knowledge and experience in land conservation and planning consistently guided the Agricultural Districts Advisory Board in their efforts; THEREFORE, the members of the Orange County Board of Commissioners do hereby thank Pearson Stewart, upon his retirement from the Orange County Agricultural Districts Advisory Board, for the service he performed on their behalf. ADOPTED this the 4th day of August, 1997. VOTE: UNANI14OLTS Note: Pearson Stewart said that he has been involved with land conservation since 1946. C. INTRODUCTION OF BOND ORDERS AND PUBLIC HEARING RESOLUTION Chair Crowther introduced the Bond Orders as listed below: School Bonds $47,000,000 Parks and Recreation Facilities Bonds $ 6,000,000 Public Buildings Bonds $ 4,600,000 Low and Moderate Income Housing Bonds $ 1,800,000 Sewer Expansion Bonds $ 1,200,000 Commissioner Brown announced that a public hearing will be head on August 20, 1997 at 7:30 p.m. in the Chapel Hill Council Chamber in Chapel Hill , North Carolina. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt the resolution as stated below which establishes the public hearing date for August 20, 1997, to instruct the Clerk to publish the Orders and public hearing notice by August 13, 1997 and to instruct the Finance Director to file the Sworn Statement of Debt prior to the Clerk's publication. VOTE: UNANIMOUS RESOLUTION SETTING PUBLIC HEARING AND AUTHORIZING FILING OF DEBT STATEMENT WHEREAS, there have been introduced at this meeting bond orders entitled as follows: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS OF ORANGE COUNTY, NORTH CAROLINA, IN THE MAXIMUM AMOUNT OF $47,000,000 BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARKS AND RECREATION FACILITIES BONDS OF ORANGE COUNTY, NORTH CAROLINA, IN THE MAXIMUM AMOUNT OF $6,000,000 BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC BUILDING BONDS OF ORANGE COUNTY, NORTH CAROLINA, IN THE MAXIMUM AMOUNT OF $4,600,000 BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION LOW AND MODERATE INCOME HOUSING BONDS OF ORANGE COUNTY, NORTH CAROLINA, IN THE MAXIMUM AMOUNT OF $1,800,000 BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SEINER EXPANSION BONDS OF ORANGE COUNTY, NORTH CAROLINA, IN THE MAXIMUM AMOUNT OF $1,200,000 AND WHEREAS, Section 159-57 of the General Statutes requires that a public hearing be held on each such bond order prior to its adoption, Section 159-56 of the General Statutes requires publication of a notice of such hearing, and Section 159-55 of the General Statutes requires the filing of a statement of debt with the Clerk to the Board prior to the public hearing. BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina, that a public hearing on each such bond order shall be held at 7:30 p.m. on August 20, 1997, in the Council Meeting Room, Chapel Hill Town Hall, 306 North Columbia Street, Chapel Hill , North Carolina and the Clerk to this Board is hereby authorized and directed to publish a notice of each such public hearing, in the form provided for in Section 195-56 of the General Statutes, one time, not less than six days prior to such hearing date, in a newspaper having general circulation in the County. AND BE IT FURTHER RESOLVED that the County's Finance Officer is hereby authorized and directed to prepare and file, prior to the publication of the notice of public hearing, a sworn statement of the County's net debt in the form prescribed by statute. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS A. PUBLIC HEARING ON PROPOSED NC DOT 1997-98 SECONDARY ROAD IMPROVEMENT PROGRAM Doug Galyon, Member on the Board of Transportation made introductory comments. John Watkins, Division Engineer, detailed the 1997-98 Secondary Road Improvement Program. They rerated all the roads, except the top ten, this year using the same priority system as used in the past. CITIZEN COMMENTS Kevin Albright presented a petition sign by property owners representing ten lots. The petition reads as follows: TO THE ORANGE COUNTY COMMISSIONERS AND NC DEPARTMENT OF TRANSPORTATION: By signing this document, I/we hereby agree to the use of the existing right-of-way which runs across my/our property (where our property joins with the existing Doe Run Road) for the purpose of improving and paving Doe Run Road between Lebanon Road and Mill Creek road by the North Carolina Department of Transportation. This was received by the County Commissioners and the NCDOT. B. B. Windham spoke in support of paving Southern Drive which is listed as #19 on the priority list. Commissioner Gordon made reference to a list of additions and modifications to the 1996-2004 TIP which were approved by the Board of Transportation on August 1. She asked if a discussion of these additions could be added to the August 7 Board of County Commissioners work session. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the proposed NCDOT 1997-98 Secondary Road Improvement Program. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: A. APPOINTMENTS The following appointments were approved: Human Relations Commission - Jeremy Long for an unexpired term ending 12/31/97 Human Services Transportation Board - Sarah E. Carter for a term ending 3/31/99 JOCCA - Edith A. Hubbard for a 3-year term ending 3/31/2000 Agricultural District Advisory Board - Trudy Matheny for a term ending 6/30/2000 Note: The appointment to the Nursing Home Community Advisory Committee and the appointments to the Orange County Board of Adjustment were delayed until August 20th B. RESULTS OF TENNIS COURT REPAIRS BID AWARD The award for repairs to the Orange High School Tennis Courts was made to B & M Sealcoating, Inc. as the lowest responsible bidder in the amount of $80,059.50. One other bid was received from Blalock Paving in the amount of $129,209. C. HOME PROGRAM AGREEMENT - INTERFAITH COUNCIL The Board approved and authorized the Chair to sign the Development Agreement with InterFaith Council on behalf of the Orange County HOME Consortium, contingent upon County Attorney review and approval. D. VEHICLE EXTRICATION FRANCHISE APPLICATION The Board approved the franchises for rescue service (vehicle extrication) to be provided by North Chatham, Hillsborough, Mebane, Orange Grove, Caldwell, Eno, Cedar Grove, and Efland Fire Departments. E. TAX COLLECTOR'S ANNUAL SETTLEMENT The Board approved and authorized the Chair to sign the resolution as stated below: RESOLUTION APPROVING THE TAX COLLECTOR'S ANNUAL SETTLEMENT FOR THE CURRENT YEAR 1996 AND PRIOR YEARS BE IT RESOLVED by the Board of Commissioners of Orange County that the following documents attached hereto are received and approved, consisting of the following: (1) Tax Collector's Report of 1996 Unpaid Taxes on Real Property (2) Tax Collector's Report of 1996 Unpaid Taxes on Personal Property (Insolvent List) (3) Tax Collector's Report of 1996 Unpaid Taxes on Motor Vehicles (4) Tax Collector's Report of Minimal Property Tax Bills (5) Settlement of 1996 Tax Accounts (6) Settlement of Prior Years (1986-1995) Tax Accounts (7) Report of collections of Non-Tax Revenue and Miscellaneous Taxes NOTE: Copies of all of these reports are on disk in the Clerk's Office F. PROPERTY TAX REFUNDS The County Commissioners considered and approved seven requests for property tax refunds as listed below: Name Account Nbr. Amount Refunded Dan Murphy 52095 $ 206.02 Chase Manhattan Automotive Finance D62008 185.63 Mazda American Credit D79379 401.48 House Freedom D74208 175.52 Mazda American Credit D79384 226.24 McGriff, Anastasia Arnold D97009 150.85 Oram, Jr. Kenneth Lewis C79220 48.79 G. JAIL INSPECTION REPORT This report for July 10, 1997 was received as information. H. HYCONEECHEE REGIONAL LIBRARY CONTRACT AGREEMENT RENEWAL The Board approved and authorized the Chair to sign the Hyconeechee Regional Library Contract agreement between the counties of Caswell, Orange, and Person. 1. LOT 4A HIGH POINT WOODS - PRELIMINARY PLAN This property is located in Chapel Hill Township on the south side of Davis Road one-half mile west of ode Turner Road. The Board approved the Preliminary Plan for Lot 4A High Point Woods per the Resolution on file in the Clerk's Office. J. OXBOW CROSSING ON MORGAN CREEK -PRELIMINARY PLAN The proposed 27-lot subdivision is located at the southeast corner of Dairyland Road and Bethel- Hickory Grove Church Road. The proposed development is composed of three existing parcels of record. The total tract consists of 97.11 acres. The Board approved the Preliminary Plan for Oxbow Crossing on Morgan Creek per the Resolution on file in the Clerk's Office. K. RAINEYWOOD PHASES 2 & 3 - PRELIMINARY PLAN The property is located on Raineywood Drive off the east side of Daniels Farm Road in Cheeks Township. The area proposed for development is 38.81 acres in size with 19 lots proposed. The Board approved the Preliminary Plan for Raineywood Phases 2 & 3 per the Resolution on file in the Clerk's Office L. Z-3-97 RUTH COOK WOODS The property proposed to be rezoned is 7.83 acres and located off the west side of North Carolina 86 at the end of Skogen Lane. The County Commissioners closed the public hearing and approved the request for a Zoning Atlas amendment from Rural Residential (R-1) to Residential-4 (R-4) per the Planning Board recommendation. M. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT DISTRICT DESIGN MANUAL - NC 751 CONNECTOR The proposed amendment would eliminate all references to an extension of NC 751 between U.S. 70 and 1-85 in the Economic Development District Design Manual. The County Commissioners closed the public hearing and approved the proposed amendment per the Planning Board recommendation. N. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 2.2.4 PLANNING BOARD TENURE The proposed amendment would change the month in which Planning Board terms expire from February to March. The County Commissioners closed the public hearing and approved the proposed amendment per the Planning Board recommendation. 0. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT DISTRICT DESIGN MANUAL - PERMITTED USES (EXISTING RESIDENCES) The proposed amendment would include existing residences as a permitted use rather than a non- conforming use in all Economic Development Districts. The Board closed the public hearing and approved the proposed Zoning Ordinance text amendment. P. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 10.3 OFF-STREET PARKING This proposed amendment to the Zoning Ordinance would correct a discrepancy between Article 10.3, Off-street Parking Design Standards, and Article 12.4.1 Required Landscaping. The Board closed the public hearing and approved the proposed Zoning Ordinance text amendment. Q. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN The Board adopted the Residential Anti-displacement and Relocation Assistance Plan for Orange County. R. EFLAND ESTATES - DEVELOPMENT AGREEMENT AMENDMENT The Board approved and authorized the Chair to sign the amendment to the Development Agreement with Habitat for Humanity of Orange County, North Carolina, Inc. for the Efland Estates Community Development Block Grant Program. S. MEMORANDUM RENEWAL WITH NORTH STATE LEGAL SERVICES The Board approved and authorized the Chair to sign the Memorandum of Agreement with North State legal Services, Inc. for the provision of legal counseling and assistance, as required by Title III of the Older Americans Act. T. RENEWAL OF SHERIFF - UNC SPECIAL EVENTS COVERAGE AGREEMENT The Board approved and authorized the Manager to sign the contract between Orange County and the University of North Carolina at Chapel Hill for security and the provision of law enforcement at certain major University events. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA A. Z-4-97 THOMAS AND LOUISE BRADLEY, D.B.A. T. H. BRADLEY GRADING AND SEPTIC TANK, INC. Planner Mary Willis summarized the information in the agenda. The proposed rezoning involves a portion of a parcel owned by Thomas and Louise Bradley located at 5419 US 70 between Frazier Road to the west and Efland-Cedar Grove Road to the east. A motion was made by Commissioner Carey, seconded by Commissioner Brown to close the public hearing and to approve the proposed rezoning per the Planning Board recommendation. VOTE: UNANIMOUS B. EMS FRANCHISE APPLICATION Rod Visser asked that this item be tabled, A motion was made by Commissioner Brown, seconded by Commissioner Carey to table this item. VOTE: UNANIMOUS C. ORANGE COUNTY SMALL BUSINESS LOAN PROGRAM John Link noted that information about the Carrboro loan program was included in the agenda packet. Commissioner Halkiotis asked that the person who administers the Carrboro program be requested to attend their next meeting to give a verbal report and to answer questions. Commissioner Carey asked that the County Commissioners consider moving ahead to approve this program. He feels that there are businesses which would like to use this program when it is approved. Commissioner Brown said that she feel the program needs more creativity. She supports a loan program but needs more specifics. She has questions about several of the definitions and asked if additional information could be brought back about the composition and how people would find out about this program. Commissioner Carey made a motion to approve the program with the changes as mentioned by Commissioner Gordon and Commissioner Brown. This motion was seconded by Chair Crowther. VOTE: AYES, 2; NOS, 3 (Commissioners Brown, Gordon and Halkiotis) It was decided that this item will be brought back as soon as possible with additional information as requested by Commissioners Brown, Gordon and Halkiotis. D. ZONING ORDINANCE TEXT AMENDMENT - EDD DESIGN MANUAL - PERMITTED USES Mary Willis presented background information on this item. This proposed amendment would replace land use categories referenced in various text and tables in the Design Manual to match those found in the Permitted Use Table. A motion was made by Commissioner Halkiotis, seconded by Chair Crowther to close the public hearing and to approve the proposed amendment per the Planning Board recommendation. VOTE: UNANIMOUS E. ZONING ORDINANCE TEXT AMENDMENT - EDD DESIGN MANUAL - PERIMETER BUFFER Planner Mary Willis explained that this amendment would eliminate the 100-foot buffer requirement along the perimeter of an Economic Development District which abuts an EDD adopted by another planning jurisdiction. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to close the public hearing and approve the proposed amendment per the Planning Board recommendation. VOTE: AYES, 3; NOS, 2 (Commissioners Brown and Gordon) F. ADVERTISEMENT FOR PUBLIC HEARING -AUGUST 25, 1997 A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the notice as presented with the deletion of the first item - SUP(A)-4-97 Local Government Employees Credit Union. VOTE: UNANIMOUS 10. REPORTS A. SEWER SERVICE EXPANSION OPTIONS - BOONE MOBILE HOME PARK County Engineer Paul Thames outlined this report. Commissioner Halkiotis mentioned the failing system at Piney Mountain and the efforts that the County put forth to correct this situation. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to allow this expansion to hook onto the Hancor line. Commissioner Gordon moved that this item be tabled so that a motion can be written which would not undermine all the policies that are now in place. This motion to table was seconded by Commissioner Carey. VOTE: AYES, 3; NOS, 2 (Commissioners Brown and Halkiotis) MOTION TO CONTINUE THE MEETING BEYOND 10:30 P.M. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to continue the meeting beyond the 10:30 adjournment time for the ABC appointments. VOTE: UNANIMOUS 11. APPOINTMENTS 1. ABC Board Appointments The County Commissioners nominated the following persons to fill the two vacancies on this Board: William Bradshear Jim Goldstein Howard D. Lunsford. Sr. Bill Thorpe The vote on each of the nominees is listed below: William Bradshear - Commissioners Brown, Gordon and Halkiotis Jim Goldstein - Commissioners Brown and Halkiotis Howard D. Lunsford, Sr. - Commissioners Carey, Crowther and Gordon Bill Thorpe - Commissioners Carey and Crowther William Bradshear and Howard D. Lunsford, Sr. were appointed to three year terms on the ABC board. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to write a letter from the Board of County Commissioners asking the ABC State Board to allow Bill Thorpe to be allowed to continue as a member of that Board. VOTE: UNANIMOUS Bill Thorpe asked that the Board of County Commissioners not write a letter and the Board agreed. He feels that the person who serves on the State Board should also be a member of the local ABC Board. NOTE: ALL OTHER ITEMS LISTED IN THE ABSTRACT WERE DELAYED UNTIL THE NEXT MEETING. 12. MINUTES - NONE 13. CLOSED SESSION - NONE 14. ADJOURNMENT With no further items for the Board to consider, Chair Crowther adjourned the meeting. The next regular meeting listed on the meeting schedule will be held on August 7, 1997 at 7:30 p.m. in the meeting room of the Government Services Center in Hillsborough, North Carolina. William L. Crowther, Chair Beverly A. Blythe, Clerk