Loading...
HomeMy WebLinkAboutMinutes - 19860218 45 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 18, 1986 The Orange County Board of Commissioners met in regular session on February 18, 1986, 7 : 30 p.m. in the Courtroom of the old Post Office, Rosemary Street, Chapel Hill, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Director of Finance Gordon Baker, Clerk to the Board Beverly A. Blythe, Director of Planning Marvin Collins, and Director of the Department on Aging Jerry Passmore. A. BOARD COMMENTS Chair Willhoit announced receipt of a letter from Dottie Martin commending the County for the outstanding results of the litter cleanup campaign held last fall and suggested holding another cleanup campaign the month of April. This was referred to the County Manager for implementation. Also, NRCD has requested specific changes in the Soil and Sedimentation Control Ordinance that was recently revised and submitted to them for approval. Since action needs to be taken prior to March 5, he suggested adding this item to the Joint Public Hearing scheduled for February 24. A letter was received from the Governor' s office about the volunteer recognition program. He suggested that past procedures be used in soliciting nominations for the Board's consideration. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA None. 2 . MATTERS NOT ON THE PRINTED AGENDA Mr. and Mrs. Walter Ashley who lives on N.C. 54 West in the White Cross Fire District expressed a concern for fire protection and requested that a petition signed two years ago be recognized and that he and the other people who signed the petition be permitted to receive fire protection from the Town of Carrboro. This matter was referred to the County Manager for review. A report will be presented at the next meeting. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for December 10, 1985 as corrected, and the minutes for December 18, December 19, 1985, January 14, and February 3, 1986 as circulated. VOTE: UNANIMOUS. D. APPOINTMENTS ARTS COMMISSION Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Brenda Hackley to a two year term and to reappoint Rita Berman, Roland Buchanan, Jr. , Elon Gerald Eidenier and Edgar Marston for two year terms. VOTE: UNANIMOUS. 46 E. PROCLAMATION - SCHOOL BUS SAFETY WEEK_` (The complete narrative of the proclamation is on file in the Clerk' s office) Motion was made by Commissioner Marshall, seconded by Commissioner Carey to proclaim February 17-21 School Bus Safety Week and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS. F. PUBLIC HEARING-CLOSURE OF A PORTION OF CEDAR GROVE ROAD Director of Planning Marvin Collins stated that a resolution of intent to close Old Cedar Grove Road was adopted by the Board of Commissioners on December 17, 1985 and reaffirmed January 21, 1986. This public hearing is to receive public comment on this closure. The portion to be closed is divided into two sections. The southern section extends in a northwesterly direction approximately 482 .94 feet from the intersection of the Dixie Drive centerline with the western property line of the Orange County property. The northern section of Old Cedar Grove Road requested for closing is located northwest of Harper Street (SR 1395) . The street section begins at the southwest corner of Lot #1 of Block B of Highland Woods and extends in a northwesternly direction approximately 1, 017. 19 feet. Robert Scholar stated that the road is thirty (30) feet wide and has been abandoned for several years. THERE BEING NO FURTHER COMMENTS, THE HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt an order declaring the closure of the described portion of Old Cedar Grove Road and to direct that a certified copy of the order be filed in the Register of Deeds' office. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. BIDS FOR ANIMAL SHELTER EXPANSION To accept and award the bids as stated below for the Animal Shelter expansion Project: General: Holt Construction Co. - $56,460 Plumbing: Acme Plumbing Co. - $9,950 Electrical: Watson Electrical Co. - $8,455 - Base Bid $ 915 - Alt. E-1* 2 . HEALTH AND MEDICAL CARE ADVISORY COUNCIL BY-LAWS AMENDMENT To amend Section V, sub-section A of the Health and Medical Advisory Council bylaws by the following: "persons appointed shall be: limited to those without direct financial interest or position as officer or director in any component of the health care system; except that a person whose sole involvement is as an employee shall be eligible. Such persons shall comprise no more than three of the nine members of the Council. " 3 . ROOF ENGINEERING FUNDING FOR ORANGE COUNTY SCHOOLS Approve the transfer of $20, 000 from the current appropriation for the Orange High School Renovation/Expansion project to be used for the roof engineering fees for Priority I roofs at Stanback Jr. High and A.L. Stanback Schools. 4_. REQUEST FOR PREPARATION OF SKETCH THOROUGHFARE PLAN BY NCDOT Request NCDOT to initiate the development of a sketch thoroughfare plan for Orange County. 47 Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. H. ITEMS FOR DECISION-OTHER 1. Z-1-86 DONNIE CHAPMAN REZONING REQUEST Director of Planning Marvin Collins presented for consideration of approval the rezoning request submitted by Donnie Chapman to correct an error in the Zoning Atlas. On October 1, 1984, when zoning became effective in Cheeks Township, the property of Donnie H. Chapman was placed in an EC-5 Existing Commercial zoning category. The land placed in that designation was thought to include those buildings associated with Mr. Chapman's automotive service. The buildings located on an adjacent tract (in the same ownership) are presently zoned AR. The intent of the rezoning is to match the building locations with the appropriate zoning classification. The Planning Board recommended approval of the rezoning request to correct an error in the Zoning Atlas. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker, to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 2 . PD-5-85 SCOTSWOOD Director of Planning Marvin Collins presented for consideration of approval a proposed planned development and rezoning request submitted by John W. Graham and A. H. Graham, Jr. This item was submitted to public hearing on November 25, 1985 and January 6, 1986. The Grahams have requested rezoning for 331. 12 acres of land located along Highway 70 Bypass and St. Mary' s Road northeast of Hillsborough. The property is currently designated as Ten Year Transition and Commercial Transition Activity Node in the Orange County Land Use Plan. The present zoning is R- 1. The applicants are requesting 290. 03 acres to be rezoned PD-H-R2, 29.50 acres to be rezoned PD-H-R5 and 10.43 acres to be rezoned PD-GC4. Commissioner Lloyd referred to two documents in the agenda packet and questioned the validity of receiving additional information after the public hearing was held. Attorney Gledhill maintained that the documents present arguments and do not contain any new evidence that is not already in the Planning Board minutes. The public hearing was continued to receive the Planning Board recommendation. He pointed out the importance of making a decision on the evidence submitted at the public hearing. Chair Willhoit pointed out the public hearing was held open to receive the Planning Board recommendation which would include the process they followed in reaching the final decision. The arguments that are put forth during the Planning Board meeting are important as part of that decision process. During deliberations on any item, the planning staff provides to the Planning Board their technical expertise to assist them in making a decision. This information may or may not have been brought out at the public hearing and would be considered as professional consensus type information. Planning Board Chair Barry Jacobs stated that nothing is in the document that was not heard at the public hearing or was not presented at the public hearing. He summarized the Planning Board action: Recommendation: Deny planned development and rezoning by a 5-3 vote. Issues Raised: (1) Water shortage in central and northern Orange County, as identified in County Manager's report, (2) traffic 48 hazards and congestion created by the proposed development on nearby roads and in Hillsborough, (3) plan for Scotswood inconsistent with intent of County Land Use Plan, and (4) impacts on public facilities. Explanation of Dissenting Votes: (1) Placed more credence in Hillsborough water estimates than those by County Manager, and (2) believed it unfair to penalize this developer for impacts inevitably arising from any development. Chair Willhoit noted he received a telephone call from the Water Resources Division of NRCD indicating they would be sending a final letter regarding the water issue requesting the County make a decision on the instream flow matter. Since the water is a major concern and a consensus has not been reached between the Town of Hillsborough and Orange-Alamance and the County staff, he suggested delaying action on Scotswood until a decision has been made on the water situation. Commissioner Carey agreed with the delay on the project to allow time for a consensus to be reached on the amount of unused capacity available. There are also concerns about the traffic impact this project would present. After a brief discussion on water resources and water availability, it was decided that since new information had and is still being received that should be considered in the decision for the Scotswood Project that a new public hearing would be in order to present this new evidence. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to adjourn the public hearing on Scotswood to March 5, 1986 for the receipt of additional information on water resources and receipt of additional public comment on the project. VOTE: UNANIMOUS. 3 . EUBANKS ROAD SUBDIVISION-PRELIMINARY Marvin Collins presented for consideration of approval the Preliminary Plan for Eubanks Road Subdivision. Brooks and Son Construction Company has requested approval of a subdivision for 6.36 acres of land located south of Eubanks Road (SR 1727) in Chapel Hill Township. A five lot subdivision with lot #5 reserved for use as a community septic system drainfield is proposed. The property is located within the Twenty year Transition area and within the Joint Planning Area and subject to joint approval of the Town of Chapel Hill and Orange County. Both the Orange County Planning Board and the Chapel Hill Planning Board recommended approval with the following conditions: (1) that a stormwater management plan which satisfies the standard for control of the first one-half (1/2) inch of stormwater runoff from impervious surfaces be submitted for review and approval prior to approval of the final plat. (2) that engineered plans for the community sewer system be submitted for review and approval by the Orange County Health Department prior to approval of the final plat. (3) that a perpetual maintenance agreement for the community sewer system be submitted for review and approval by the Orange County Attorney prior to recordation of the final plat. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the two Plathe stated conditions. VOTE: UNANIMOUS. 4. MARC & SHARON CONNERY DEED FOR SEPTIC EASEMENT (A copy of the deed is in the permanent agenda file in the Clerk's office) . 49 Marvin Collins presented for consideration of approval a deed to dedicate the septic system easement which is necessary before the Connery's Minor Subdivision can be approved. Only Lot #2 of this property has suitable soil for a septic system. A document is needed to allow the use of lot #1 and to build a septic system on Lot #2 . Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve, subject to recommendations of the County Attorney and Planning Department, the deed to dedicate the septic system easement and authorize the Chair to sign. VOTE: UNANIMOUS. 5. EFLAND SEWER PROJECT-LAND USE POLICY IMPLICATIONS Marvin Collins indicated the purpose of this item is for the Board to review the Planning Board position with regard to land use policy implications as related to alternatives A, B, and C plus the base bid for the proposed Efland Sewer project. Planning Board Chair Barry Jacobs stated that by unanimous vote the Planning Board recommends the base bid plus alternative "A". The reasons for the decision are related to the protection of the Seven Mile Creek reservoir and an attempt to remain consistent with the land use plan for that area which directs the growth to the north and to the west. Marvin Collins pointed out on a map the area that would be covered by the base bid and alternative "A" . The base bid addresses the concerns of the failing septic systems in Efland Estates and alternative "A" would include replacement of the failing package plant at the Efland School. Don Cordell, PE, reviewed the three alternatives. He pointed out that if alternative "B" is at some point added in the future that all the same objectives could be accomplished with one pump station whereas if you don't do "B" you must have two pump stations. In answer to a question from Commissioner Marshall about alternative "C", Barry Jacobs explained that alternative "C" was not chosen because it would open up more of the water critical area and more of the 20-year transitional areas to development. Chair Willhoit suggested referring this recommendation back to the Planning Board to consider the issue dealing with the commitment to the 191 people. He asked that the Planning Board Committee address this issue. Based on the preliminary cost estimates, alternative B would not be feasible but possibly base plus A plus some of C could be accomplished. It was the consensus of the Board to request that the Planning Board committee consider previous comments and concerns that have been made and to meet with Mr. Cordell to review the plans and the commitment to the 191. Ken Thompson presented for the Board's information a letter dated February 18, 1986 from Hazen and Sawyer, P.E. which indicated the section of line immediately north of King Street to the manhole south of Eno Street is currently overloaded and cannot take any additional flow from the proposed Efland sewer system. 6. SCHOOL FUND BALANCE POLICY Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the School Fund Balance Policy as stated below and to include in the policy that the School Boards will return to the Board of Commissioners for any appropriations of fund balance available but unappropriated: "ORANGE COUNTY SCHOOLS begin each fiscal year, to the extent 50 possible, with fund balance available but unappropriated in the local current expense fund that is equal to no more than 2 .7% of the budgeted expenditures in that fund for that year, and; CHAPEL HILL-CARRBORO SCHOOLS begin each fiscal year, to the extent possible, with a fund balance available but unappropriated in the local current expense fund that is equal to no more than 5.5% of the budgeted expenditures in that fund for that year. " VOTE: UNANIMOUS. 7. RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM ANNUAL CONTRIBUTIONS CONTRACT Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the resolution as stated below: RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT WHEREAS, the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein call the "Contract" with the United States of America, Department of Housing and Urban Development (herein called the "Government") . NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A-2903, is hereby approved and accepted both as to form and substance and the Chair of Bd. of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the Bd. of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2 . The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the contract. Section 3 . This Resolution shall take effect immediately. VOTE: UNANIMOUS. 8 . JOB TRAINING PLAN SUMMARY FOR PROGRAM YEAR 1986-87 (A copy of the summary is in the permanent agenda file in the Clerk's office) . County Manager Kenneth R. Thompson presented for consideration of approval the Central Piedmont Service Delivery Area Job Training Plan Summary for Program Year 1986-87. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the summary for program year 1986-87 as presented. VOTE: UNANIMOUS. I. REPORTS 1. PLANNING BOARD/DEPARTMENT SUMMARY OF ACTIVITY FOR 1985 (A copy of the complete summary is in the permanent agenda file in the Clerk's office) . For information only, Director of Planning Marvin Collins summarized the departmental activity - for 1985. 2 . PLANNING DEPARTMENT WORK PROGRAM (A copy of the work plan is in the permanent agenda file in the Clerk's office) . Marvin Collins presented the proposed Planning Department Work Program for the period January 1 through June 30, 1986 for consideration 51 of approval. After further discussion it was decided that the public hearing on the revised Land Use Plan for the Joint Planning Area suggested for March 20 be deleted but that the meeting suggested for April 16 be held as proposed. 3 . HUMAN SERVICES ADVISORY COMMISSION (HSAC) REPORT (A copy of the complete report is in the permanent agenda file in the Clerk's office) . Director of the Department on Aging Jerry Passmore presented a summary of HSAC's past activities from 1979 to 1985 and requested some direction as to HSAC's future. After further discussion it was decided that the Manager's office through the Assistant Manager would do a study to include the composition of HSAC and the context of the charge that would help HSAC to make decisions on bringing recommendations to the Board and to address new programs and services which would in turn help the Board of Commissioners to determine what priorities it wants to focus on in the upcoming budgetary considerations. Chair Willhoit suggested and it was the consensus of the Board that in studying the organization format that input be received from Peggy Pollitzer, and the Chairperson of OCIM, Chairs of the Interfaith Council, United Ways and the Chapel Hill and Carrboro Human Services Advisory Committees. The Board asked that the report be done this fiscal year. 4. STATUS REPORT ON THE PROPERTY REVALUATION PROJECT (A copy of the complete report is in the permanent agenda file in the Clerk's office) . Commissioner Marshall asked for further information on land pricing and Tax Supervisor Kermit Lloyd indicated that the historic district will not be handled as it was in 1981. The Chapel Hill pricing will be done last. All sales that have taken place in 1984-85 have been collected and analyzed into building cost schedules and land pricing schedules. They will be applied to the data base of the data on the improvements on the property as well as the land to come up with the value. The sales that take place during 1986 will be used for justification for what has been done the last two years and if necessary adjustments will be made. Under the old system you created a schedule of values and manually calculated out each property in accordance with the adopted schedule of values. Commissioner Marshall asked that Kermit Lloyd have a meeting with the people of Chapel Hill to explain the procedure followed in determining the land pricing and listen to the concerns expressed by the people. Kermit Lloyd explained that public relations would be done in September and October and consist of meetings and newspaper articles. The notices with the new tax value will be sent out to the citizens of Orange County on November 11. Commissioner Marshall strongly urged that meetings be held prior to September with the intent of listening to the concerns of the people. J. ADJOURNMENT Chair Willhoit adjourned the meeting. The next meeting will be held on February 24, 1986, 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. 52 Don Willhoit, Chair Beverly A. Blythe, Clerk