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HomeMy WebLinkAboutMinutes - 19860203 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 3, 1986 The Orange County Board of Commissioners met in regular session on February 3 , 1986, 7: 30 p.m. in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit, and Commissioners Shirley Marshall, Moses Carey and Ben Lloyd. COMMISSIONER ABSENT: Commissioner Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Manager William T. Laws, Director of Parks and Recreation Mary Anne Black, Clerk to the Board Beverly A. Blythe, Deputy Finance Director Ken Chavious, Director of Planning Marvin Collins, Director of Revenue John T. Horner, Planner Susan Smith and Financial Analyst Donna Wagner. A. BOARD COMMENTS Commissioner Ben Lloyd requested an Executive Session be added to the agenda. There was no objection to this request. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Several persons in the audience requested to speak and Chair Willhoit indicated those items would be considered first after the report as listed on the agenda. 2 . MATTERS NOT 'ON THE PRINTED AGENDA None. C. APPOINTMENTS Chair Willhoit expressed a need to realign the terms for the members of the Planning Board so that four (4) terms expire at the same time each year. Under the old ordinance dated April, 1977, no provision was made for completing the unexpired term for anyone who resigned during a term. The intent of the new ordinance is that appointments shall be made so that approximately one-third of the terms expire each year. Commissioner Marshall expressed a concern that some members will be losing months on their term while others will gain months. Chair Willhoit asked for a clarification on the length of terms as expressed in the Zoning Ordinance and Attorney Geoff Gledhill explained that two successive terms could mean a portion of a term and a full three year term. Chair Willhoit proposed that the expiration date for appointments either be January 31 or February 1. It was the consensus of the Board to request an amendment to the Zoning Ordinance to specify that a member of the Planning Board may serve two full three-year terms and also specify the expiration date. After further discussion it was decided to wait until after the Public Hearing to make the appointments to the Planning Board. TELEPHONE TASK FORCE 36 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint John Clements and Cynthia Hermans to the Telephone Task Force. VOTE: UNANIMOUS. D REPORT - ROOF REPAIRLREPLACEMENT STATUS REPORT County Manager Ken Thompson presented for consideration the status of the school roofs repair and replacement program. He made reference to a memorandum from Dr. Lunsford requesting monies to make required roof repairs at Stanford Jr. High and A. L. Stanback Schools. To finish the priority I roofs for Orange County Schools would cost $590, 000. Chapel Hill-Carrboro Schools made a request for $30, 000 for Chapel Hill High and their list of priority II roof repairs total a little more than $200, 000. Chair Willhoit stressed the need to move forward on the roof repairs. A proposal was submitted by Richard Drake, Director of Plant Maintenance for Chapel Hill-Carrboro Schools, whereby funds allocated for the multipurpose room, that will not be expended this fiscal year be used to pay for the roof repairs needed at Chapel Hill High at a cost of $30, 000 with the understanding that this amount would be replaced in the upcoming budget. Orange County Schools requested $20, 000 for engineering and architectural fees. Ken Thompson suggested waiting until April or early May to make a decision on the $20, 000 request. Dr. Lunsford indicated a decision in April would not give enough time to develop plans, go to bid, and start the work in June. He suggested that Orange County be allowed to proceed with the engineering work and defer a final decision on the project until the bids are received. Ken Thompson indicated a designated source for the $20, 000 needs to be determined. He indicated that all programs have been budgeted in the County' s capital fund and no money is in the fund balance at this time. He asked that Orange County look at their fund balance to see if they can use any of their existing funds for this project with the understanding it would be added to their allocation for 86-87 . Motion was made by Commissioner Carey, seconded by Commissioner Marshall to authorize the transfer of $30, 000 to Chapel Hill 's Capital Outlay Fund to be used for a complete restoration of the roof on the original part of the Chapel Hill High School "A" Building. VOTE: UNANIMOUS. The request from Orange County Schools was tabled until the next meeting. Orange County will review their accounts to see if any money can be shifted within accounts to pay for the 20, 000 engineering cost. F. ITEMS FOR DECISION 15. OPC SUPPLEMENTAL FUNDING REQUEST Bill Baxter, Area Director for Orange-Person-Chatham Mental Health, requested monetary assistance for the Halfway House. He explained that heretofore, OPC received funding from the ABC Board, but that the ABC Board denied his funding request of $6, 000 for this fiscal year. He gave a summary of the program, the fund sources and the need for $6, 000 to continue the program. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve a budget amendment of $6, 000 to be taken from the Commissioners ' Contingency account. VOTE: UNANIMOUS. 7 E. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 2 . UNPAID REAL PROPERTY AND TAX LIEN ADVERTISEMENT to approve the following unpaid taxes that are liens on all Real Property for the year 1985 and set the date for advertising the Tax Liens for May 7, 1986: County $ 719, 005. 83 Chapel Hill $ 182, 066. 69 Carrboro $ 53 ,705. 09 Hillsborough $ 14 , 048. 01 TOTAL $ 968, 825. 62 3 . ELEVATOR AGREEMENT To approve the contract with D.W. Ward Construction Company for the installation of an elevator at the New Orange County Courthouse. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 1. BUDGET CALENDAR (copy of the calendar is in the permanent agenda file in the Clerk's office) Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the 1986-87 budget calendar as submitted by the County Manager. VOTE: UNANIMOUS. 4 . LONG TERM CARE GRANT APPLICATION After a brief discussion about the County' s responsibility to continue the screening program after the start-up grant period is over, motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the $25, 000 grant application as submitted for the operation of the long term care program for a second year beginning in January, 1986 through December, 1986. VOTE: UNANIMOUS. F. ITEMS FOR DECISION (CONTINUED) 16. JOINT PLANNING Mayor Jim Porto presented a resolution regarding Joint Planning as stated below: WHEREAS, the Carrboro Board of Aldermen has previously expressed its commitment to the joint planning process; and WHEREAS, the Chapel Hill Town Council has recently requested the Orange County Board of Commissioners to extend Chapel Hill ' s extra- territorial planning jurisdiction; and WHEREAS, it is important that any decisions relating to the planning jurisdictions and powers of Carrboro and Chapel Hill be reached by mutual agreement of the two towns and Orange County; NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO RESOLVES: Section 1. The Board reaffirms its commitment to the joint planning process. Section 2 . The Board requests that any action taken by the Orange County Board of Commissioners regarding the expansion 8 of extraterritorial planning jurisdictions recognize the Town of Carrboro' s legitimate interest in planning for and controlling development within areas surrounding Carrboro to the same extent that Chapel Hill is authorized to plan for and control development within areas outside its corporate boundaries. Section 3 . The Board further requests that any process or program agreed to by the Board of "Commissioners regarding control of the area now known as the "joint planning area" establish a mechanism to ensure that each town-Carrboro and Chapel Hill--may only extend its corporate boundaries into those areas on its side of the line that is mutually agreed upon by all three boards to divide the joint planning area into the respective areas of influence of the two towns. Section 4 . This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 28th day of January, 1986. Mayor Porto commented that it is imperative that a spirit of goodwill and cooperation exists between all jurisdictions in Orange County. He stressed that if extraterritorial jurisdiction is granted to Chapel Hill that Carrboro would expect the same treatment. He stated that joint planning is a good concept and that three (3) elements need to be separated out and reviewed: (1) Development of the land use plan. (2) Adoption of a zoning map. (3) Adoption of a zoning ordinance. He noted that the responsibilities need to be designated. He suggested that in a final agreement that the three bodies can adopt that planning be something that all three can share equally with any body having a veto power. In the rezoning request, the County and Chapel Hill can enter into rezoning discussions independent of Carrboro and that Chapel Hill and Carrboro can work together and that either the County or Carrboro needs to have the power to veto in rezoning requests. The towns should administer the zoning ordinance. He suggested that any final adoption of the zoning ordinance be reviewed every five years. On the location of the boundary line in the joint planning area he suggested that anything that is in the rural buffer area not have a line separating the joint planning areas between Chapel Hill and Carrboro and that the County retain administration in the rural buffer and not delegate that to any one municipality. He can accept the line up to the rural buffer. The line can be reviewed from time to time. On the dialogue between Chapel Hill and the County on Chapel Hill 's request for additional extraterritorial jurisdiction, Chair Willhoit suggested the following items for discussion: (1) Specifics of a joint planning board. (2) Routing and review responsibility for development applications. (3) Annexations and location of boundary line. (4) Town's commitment to provide services in the extraterritorial jurisdictional areas. (5) Streamlining the joint planning process. (6) Development along the Interstate. It was the consensus of the Board that Carrboro be included in any dialogue with Chapel Hill on everything except the request from Chapel Hill for extraterritorial jurisdiction. 1. FORRESTER BEND-SECTION THREE REVISED PRELIMINARY Planner Susan Smith presented for consideration of approval the revised Preliminary Plan for Section Three of the Forrester Bend Subdivision, property of Ernie McBroom. The property is located on NC 57 in Little River Township and designated as AR on the Land Use Plan. Three lots are proposed out of approximately 11. 88 acres. Planning Board member Carl Walters summarized the Planning Board action: Recommendation: Approval by a unanimous vote subject to the following conditions: (1) Provide a stub-out to the south of this tract to the existing private access easement to provide future access via the proposed public road for further development of the 10+ acre tracts, (2) Show the existing cemetery on the plat. Issues Raised: Stub-out and how much land remains to be developed. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 2 . DIVISION OF LOT 4 OF WOOD HILL PRELIMINARY PLAN Planner Susan Smith presented for consideration of approval the preliminary plan for the Division of Lot 4 of Wood Hill. The property is located off SR 1144 (West Ten Road) in Cheeks Township and designated as 20 Year Transition and Commercial/Industrial Activity Node in the Orange County Land Use Plan. One additional lot is proposed out of a 3 acre tract. Planning Board member Carl Walters summarized the Planning Board action: Recommendation: Approval by a 5-3 vote subject to DOT sight distance recommendation. Explanation of Dissenting Votes: Concern over main roads being entered too frequently by roads from developments, lack of coordinated road policy. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 3 . HOLLY MEADOWS - SECTION TWO PRELIMINARY Planner Susan Smith presented for consideration of approval the Preliminary Plan for Section Two of the Holly Meadows Subdivision, property of Harry Wilson. The property is located on SR 1144 (West Ten Road) in Cheeks Township. The tract is designated as Twenty Year Transition on the Land Use Plan. Six lots are proposed out of 7. 74 acres. Planning Board member Carl Walters summarized the Planning Board action: Recommendation: Approval by a unanimous vote subject to the following conditions: (1) Name of the owner(s) be indicated on the plat, 0 (2) Total acreage of the tract be indicated on the plat. (3) Approval from NCDOT on site distance which has been received. Issues Raised: Road and impact of traffic on West Ten. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the recommendation made by the Planning Board. VOTE: UNANIMOUS. 4 . EUBANKS ROAD SUBDIVISION - PRELIMINARY Postponed. 5 . PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS Planner Susan Smith presented for consideration of approval the proposed amendments to the Subdivision Regulations that were submitted to public hearing on November 25, 1985. The amendment is stated below: III-D-1 At least twenty-seven (27) copies of a Preliminary Plan of a proposed subdivision shall be submitted to the Planning Board for action by the Planning Board within eighty-five (85) days of receipt of the said copies. Failure of the Planning Board to act in the eighty-five (85) days shall be . . . III-D-4-b in no event shall the Board withhold consideration beyond the eighty-five (85) day review time permitted by Section III-D-1. The Planning Board recommends approval of the amendments. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation made by the Planning Board. VOTE: UNANIMOUS. 6. PLANNED DEVELOPMENT REZONING EXTENSION - WEST TEN MOBILE HOME PARK Planner Susan Smith presented for consideration of approval the extension of time limits on a planned development amendment when approval has expired. Planning Board member Carl Walters summarized the Planning Board action: Recommendation: Grant the extension of the planned development rezoning for the West Ten Mobile Home Park for a six (6) month period beginning January 1, 1986, to allow additional time to obtain appropriate permits and approvals and to initiate construction activity. Issues Raised: Have Ordinance Review Committee look at planned development permit period for possible extension to 9 or 12 months. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation made by the Planning Board. VOTE: UNANIMOUS. 7 . RESOLUTION OF SUPPORT FOR DESIGNATION OF AN HISTORIC SITE Planner Susan Smith presented a request that the Board of Commissioners adopt a resolution acknowledging the historic value of the property known as the "Rock House" . The property is located at the south west corner of US 70-A and Lawrence Road. Adoption of the resolution would expedite the qualification process. 1 Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to adopt the following resolution in support of the designation of the "Rock House" as an historic site: WHEREAS, the property and residence, known commonly as the "Rock House", located at the southwest corner of the intersection of Lawrence Road (SR 1561) and US 70-A and more specifically referenced as Lot 9 on Orange County Tax Map #3 for Hillsborough Township, was constructed in the year 1921, and WHEREAS, the original owner, builder and resident of the "Rock House", Mack Rigsbee, as a prominent and controversial citizen of Orange County, and WHEREAS, the residence is distinctive in its construction and architectural features, and WHEREAS, the residence has been associated with events significant in the history of the Town of Hillsborough, the County of Orange, the State of North Carolina and the United States of America, BE IT THEREFORE RESOLVED that the Board of Commissioners of Orange County hereby acknowledge the historic significance and value of the "Rock House" and support its consideration for designation as an historic site on the National Register of Historic Places. VOTE: UNANIMOUS. 8 . RESOLUTIONS OF THE PLANNING BOARD Planner Susan Smith presented two resolutions adopted by the Orange County Planning Board on January 27, 1986 which respectively request that the Board of County Commissioners, with the Planning board, jointly formulate a water policy for Orange County beginning with the Upper Eno Basin, and that the Board of County Commissioners request that NC DOT design a county-wide thoroughfare plan. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to accept the resolutions printed below and request the work be implemented. RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD CONCERNING A WATER SUPPLY POLICY FOR THE ENO RIVER BASIN Recently Triangle J and the State of North Carolina have advised Orange County of new regulations regarding interbasin transfer of water and minimum in-stream flow. Concerns have arisen as to the extent of our water resources and how that water will be protected and allocated. Due to these concerns, the Orange County Planning Board asks the Orange County Board of Commissioners to join with them in formulating a water policy for the County, beginning with the Upper Eno Basin. Without such a policy, the boards cannot make informed decisions as to the suitability or desirability of specific development proposals. RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD CONCERNING A COUNTY-WIDE THOROUGHFARE PLAN It is apparent that an growth continues in Orange County, problems arise concerning the transportation needs for this new growth. To aid in the planning for future development the County must classify, and set standards for, existing roads. As stated in the Land Use Plan: "While providing a vital service function, the means and manner by which people and goods are transported influences the physical development pattern throughout the County. " The Orange County Planning board, therefore, requests that the Board of County Commissioners ask the State Thoroughfare Planning Department to design a thoroughfare plan for the remainder of the County that does not include the Hillsborough Thoroughfare Plan Area, the Alamance County Urban Area Study, and the DCHC Urban Area study. This plan would be designed following completion of the sketch thoroughfare plan for the Town of Hillsborough (to be completed in 3 to 6 months) and would be designed so that the road systems of the above area studies would interlock into one countywide thoroughfare plan. VOTE: UNANIMOUS. 9 . ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEXT AMENDMENTS (A complete narrative is in the permanent agenda file in the Clerk' s office) For information and Board comments, Planner Susan Smith presented the legal advertisement for matters to be presented to public hearing on February 24, 1986. In addition to this list will be an item to address the concerns of the membership` of the planning board. 10. ANNUAL ACHIEVEMENT AWARD COMPETITION-NACo Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the five programs listed below for the NACo Annual Achievement Award competition: (1) Older Americans - Saturday School for Seniors: Innovative Educational Experience, (2) county Administration and Management - Orange County Economic Development Commission, (3) Parks and Recreation - Cooperative Sponsorship of Senior Citizen Leisure Activities with Allied Agency. (4) Public Safety/Emergency Management - Orange County Command Team, and (5) Model Water Quality Protection Measures. VOTE: UNANIMOUS. 11. STATUS OF MINIMUM HOUSING CODE ENFORCEMENT PROGRAM Ken Thompson reported the results of a review of the minimum housing code enforcement program. The human service agencies that "supported the Minimum Housing Code were contacted. Comments received revealed the lack of a data base on how many rental units are substandard and the lack of citizen education about the code. He suggested the establishment and implementation of an outreach program in an attempt to educate the public. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the staff to investigate and report on the feasibility of using Section 8 surplus funds to mount an outreach program to increase citizen awareness of the remedies available to overcome substandard conditions. VOTE: UNANIMOUS. NOTE: The item was continued for the receipt of additional information from Assistant County Manager Albert Kittrell. 43 12 . BUDGET AMENDMENT FOR FURNISHINGS FOR THE OLD COURTHOUSE Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to amend the Old Courthouse Restoration Fund and County Capital Project Fund Project Ordinances by the following amendment: OLD COURTHOUSE RESTORATION Appropriation - Old Courthouse Furnishings $ 20, 000 Source - Transfer from County Capital Reserve $ 20, 000 COUNTY CAPITAL RESERVE Appropriation - Transfer to Old Courthouse $ 20, 000 Restoration Source - Transfer from General Fund $ 20, 000 VOTE: UNANIMOUS. 13 . NCDOT LOGO SIGN PROGRAM Director of Planning Marvin Collins presented information on the new regulations for the NCDOT LOGO sign program. He explained that the installation schedule for LOGO signs along Interstate 40 in Orange County is projected beyond 1992. Because of the extended installation schedule, NCDOT amended the sign program to permit the installation of LOGO signs ahead of its schedule. Businesses which quality may pay up front for the installation of the LOGO signs ahead of the State schedule. All businesses whose logos appear on the signs would split the installation and maintenance costs. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to authorize the County staff to inform the businesses of the early installation option and terms. VOTE: UNANIMOUS. 14 . COUNTY GOVERNMENT WEEK Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to adopt the Proclamation stated below and endorse the planned program activities. PROCLAMATION WHEREAS, Governor James G. Martin has established a "County Government Week" in North Carolina and urged citizens across the state to learn more about county government's role in our lives and to be more involved as county citizens; and WHEREAS, Orange County government has served the citizens of the county since 1752 and we are responsible for a growing number of services which have direct impact on local citizens; and WHEREAS, the elected and appointed officials in county government take great pride in serving the citizens of the County and in being directly involved in shaping the future, and WHEREAS, in Orange County the volunteer spirit is still alive and well and the volunteers serve as our partners in progress; and WHEREAS, through their volunteer involvement, citizens learn more about community needs and resources and serve as communications links to the entire community. NOW, THEREFORE, we the Board of Commissioners do hereby proclaim the week of February 23 through February 28, 1986, as 44 Orange County Government Week, and reaffirm our support and appreciation of the valuable contributions of volunteers in the County. And, further urge all citizens to become more familiar with county government. VOTE: UNANIMOUS. 17. FAIRVIEW COMMUNITY PARK DEVELOPMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to award the contract to L. E. Wooten and Company for engineering services in the development of Fairview Community Park in the amount of $26,460. VOTE: UNANIMOUS. ADDED ITEM - EXECUTIVE SESSION Motion was made by Commissioner Marshall, seconded by Commissioner Carey to go into executive session to discuss a personnel and legal matter. VOTE: UNANIMOUS. G. ADJOURNMENT Chair Willhoit adjourned the meeting. The next regular meeting will be held on February 18, 1986, 7: 30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk