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HomeMy WebLinkAboutMinutes - 19720501 ~. _ ~ 43 MINUTES OF THE ORANGE COUfITY BOARD OF COT~IISSIONERS May 1, 1972 The Board of County Commisaionera of Orange County met in regular session on Monday,' May 1, 1972, at 10:00 o~cloak A.M. in the Commissioners Room of the Courthouse in Hillsborough, North Carolina. Members Present: Chairman Rarvey D. Bennett, and Commissioners William C. Ray, Henry S. Walker and Ira A, Ward. _. Members Absent: Commissioner C. Norman Walker. Discussion arose relative to the resent donation of Burnside, former home of Misa Rebecca Wall, to Orange County for the purpose of establishing library facilities. Chairman Bennett stated that he was of the opinion that the Board should meet with the Trustees of the Confederate Memorial Library in order that it might be determined how to proceed with the investigation of the Burnside premises. It was agreed that a meeting would be anhaduled for T2onday, May 8, 1972, in the Commissioners Room at the Courthouse in Ffillsboraugh, North Carolina at 8 o~nlock P.M. Chairman Bennett recognized Walter McDade, Director of the Efland-Cheeks Multi-Purpose Center. Mr. McDade introduced Loufa Riley to the Board. Mr. Riley presented copies of correspondence received from the State Highway Commission relative to secondary road numbers 1313, 1316, 1316 and 1320, and he questioned the priorities which had been placed on these roads by the i' State Righway Commission. Chairman Bennett stated that the Board possessed no additional information on the matter, but he instructed the Clerk to contact the State Highway Commission about the statue oP said roads. Chairman Gannett presented a letter from the..Governor~s Office concerning the obaervanoa of Senior Citizens Week. Upon motion of Commisaianer William C. Ray, seconded by Commissioner Ira A. Ward, it was moved and adopted, that the week of M~.y 11.E through May 21 be proclaimed as Senior Citizens Weak for Orange County. i Chairman Bennett made a report to the Board on the Federal Revenue Sharing proposal which is being sponsored by the National Association of Counties and which has received the endorsement of the North Carolina Association of County Commissioners. No action was taken on this matter. Chairman Bennett recognized Willie Lawe. Mr. Laws informed the Board that i he had placed a bid of $6,2$0.00 on a fifteen (16) acre tract of land whioh was currently owned by Mr a. Lillie Riley and that he had aiace learned that Orange County held an Old Aga Assistance lien of approximately $20,000.00 against this property. He stated that he had been informed that the County would release its lien for the sum of p3,750.00 and that !ie felt that the original bid price of $5,260.00 plus $3,75p.00 was a reasonable purchase price for said property. ` Chairman Bennett advised Mr. Laws that the Board was not involved in the I forealoaure proceeding and that consequently, they r.,ad np authority to modify the terms of the sale. Chairman Bennett recognized Lucius Cheshire, fir., County Zoning Officer. Mr. Cheshire presented the following plats: 1. One acre lot belonging to Roy Shambley. IrLr. Cheshire stated that said plat had been approved by the County Planning Board. Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that Chairman Sennett be authorized to sign the certificate of approval on the Shambley plat. 2. Berini Brothers Trailer Park located in Flo Township. Mr. Cheshire stated that said plat had been approved by the County Planning Board. Upon motion oP Commissioner Ira A. ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that Chairman Bennett be authorized to sign the certificate of approval on the Berini Brothers Trailer Park plat. ' 3. The matter of amending the section dealing with preliminary plane of proposed subdivisions was discussed. Upon motion of Commissioner William C. Ray, seconded by Commissioner Tra A. lJard, it was moved and adopted, that section 111«C of the Countyts Planning Ordinenee be amended as fglloors; ~~~ "PRELIMSNARX PLAS7 Seven (7) copies of a•Preliminary Plan of a proposed sub- division shall be submitted to the County Administrator for approval by the Planning Board within thirty-six (36) days of receipt of the said sepias; the Planning Board shall approve or disapprove the Preliminary Plan. Failure oP the Planning Board to sat in the thirty-ei:[ (36) da:~rs shall be deemed ae approval oP the said plan, provided that the sub-divider may waive this requirement and consent to an extension of the said period of time. The Preliminary Plans approved by the Flanoing Board shall , -- be submitted to the County Commissioners at their next regular '" meeting and either given tentative approval or disapproved within a reasonable time. One (1) copy of the Preliminary Plan, accompanied by a notification oP the cation of the Planning Board and the County Commisaionera shall be returned to the subdivider. .Tentative approval shall be valid for one (1) year." 4. The matter oP amending the aeetion dealing with Recreational Use Permits was discussed. Mr. Cheshire advised the Board that the County Planning Board had approved an amendment relative to said matter. The proposed amendment was pr®sented by Mr. Cheshire. "Add: Table of Permitted Uses, Seotion 6.1 of the Orange County Zoning Ordinance County club a, golf courses, tennis clubs, swimming pools, or other private recreational uses usually associated with or incidental to a social country club operated for mutual recreation for the members and not as a business for profit. subject tv a use permit issued by the Board of Adjustment as provided in Section 10.8 of this Ordinance. After this entry in the permitted uses column, an "X" should be placed ender "Residential" column. Commercial Recreation uses such as bowling alleys, motion picture theaters, golf driving ranges and other commercial recreation activities conducted as business enterprises for profit. Subject to use permit issued by the Board of Adjustment as provided in Section 1D.8 of this Ordinance. After this new entry in the permitted uses column, an "X" shou7.d be planed in the Rural Commercial, the General Commercial and the Prime Commercial Dietriata. A new subsection under section 10 of the Ordinance would be added: Seotion 10.8 Recreational Uses The Orang® County Board of Adjustment shall be empowered to issue Recreational Ue® permits when it shall make the following findings: 7.0.$.1 That the use will not be detrimental to the public health, safety, or welfare. 10.8.2 That the use is not noxious or offensive by reason of emiasien of odor, dust, gee, noise, fumes, or vibration. 10.8.3 That the street capacity adjsaent to'the property to be so used is, sufficient to safeguard the public health, comfort, and convenience oP the general character of the n®ighborhood in which such building is to be placed or such use is to be conducted. 10.8.1} That in the case of nonprofit club recreational uses seeking use permits in residential areas, the fallowing additional findings shall be made: That the treat pro owed for nonprofit recreational us® -- contain at least acres. That no improvements, structures, parking areas, interior driveways, or play areas or equipment will be closer than 20 feet to any adjoining property lines. `-~_ ~i 10.8.5 Recreational use permits issued by the Board oP Adjustment in any Residential or Commercial zone shall become void if -. the property covered by the Recreational use permit is not used for recreational purposes for 12 consecutive months or if the property is used for purposes substantially different from those for which the permit was originally issued." Upon motion of Commissioner William C. Ray, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the proposed amendmanta as adopted by the County Planning Board relative to Recreational Use Permits be approved. • The Zoning Officer presented copies of a proposed amendment to the Zoning Ordinance entitled "EXTRACTIVE USE SECTION." He advised the Board that the County Planning Board was studying the matter, but they dial not want to proceed further without securing the opinion of the Board of Commissioners. Chairman Bennett recognized Mias Sue P.ayes. Mira Hayes stated that she was present to discuss the matter of the recent gift of Burnside as the future library site. Mies Hayes stated that she was opposed to the moving oP the Confederate Memorial Library from its present site and she reviewed the history of the current library. She stated that the moving of the library had raised in her own mind serious questions as to.the proper ownership of the building and its contents. Disausaian ®nsued. Chairman Bennett recognized Ebert Pierce, Chairman of the Agriculture Eatenaion Service. Mr. Pierce stated that Russell Wagoner was now operating a business for the removal of old cars and that if any individual or group of individuals had old oars which they wished to have moved he would suggest that they contact Mr. Wagoner. Chairman Bennett recognized Mr a. Janet Sessoms, Assistant Home Demonstration Agent, She stated that the ~-H project for this year waa to send 135 under- _ priviledged children to the (~-H Camp near Swansboro for a period of one week and that the budget for this project would total X1},500.00 and that she and Miss Deanna Myers had been auacesaful in raising the needed funds. Chairman 13ennett recognized Dr. Charles Blake and the Reverend J. F. Minnie. - Dr. Blake stated that ha waa present in behalf of the Drange County Historical Museum to request that the lower floor of the old courthouse be granted to the museum after the Board of Education moves into their new building. Chairman Bennett advised the representatives that the Hoard was not in a position, at Chia time, to make any decisions relative to the matter of the space. The County Administrator presented a letter from the Chapel Hill >Iiwania Glub. Said letter requested permission for the club to hold their annual fireworks display on July lath. The County Administrator was direateti to write a letter of approval to the Chapel Hill Kiwenis Club relative to the July lath fireworks display. Chairman Sennett reported to the Board the progress being made in the organization of Region J. The matter of a need for more than one regular monthly Board meeting was discussed. Upon motion of Commissioner William C. Ray, seconded by Commissioner Ira A. Ward, it was moved and adopted, that a policy of holding two regularly scheduled monthly meetings be instituted with one meeting being held on the first T4onday of the month at 10 o~cloak A.M. and the other meat3.ng being held on the third Tuesdaq of the month at 8 o~clock P.M. Petitions for road numbers 1515, 1534, 1554 and 1555 were presented and the Clerk was authorised to forward same to the State Highway Commi"scion. -. Copies of the audit contracts for the 1971-1972 fiscal year were presented from the f3,rm of Ernst & Ernst and Company of Raleigh. Chairman Bennett was authorized to sign said oontracts. _, Chairman Bennett presented a letter from Reed J. 1+1cCraoken. Mr. McCracken stated that he would be moving to St. Simons Island, Georgia and that, therefore, he did tender his resignation as a member on the Board oP Adjustments. The Board accepted IZr. McCracken~s resignation with regret. A letter from Trilliam A. Campbell. requesting a refund of $33.14 for delinquent personal aroperty was presented. Mr. Campbell stated that the taxes had been paid under protest as the personal pr op arty was not present in North Carolina during the tax year oP 1967. Evidence of his being out of the state was presented with his letter of request. The Board dir®cted'.the Tax Supervisor to refund to Mr. Campbell the amount of X33.14 as the taxes had been paid under protest and he had proved that he was not in the county or state during the taxable year of 1967. The County Administrator was named Contracting Officer for Sediment Structure No. 2 that will be built during the present calendar year at Lake Orange. The County Administrator reported that, at present, two sites had bees offered to the County for land fill areas, however, he was continuing to investigate the matter. James H. Johnson, III, Attorney at Law, Chapel Hi11, North Carolina, presented the following petition: idORTH CAROLIYdA PETITION TO CLOSE ST.RFE. ".L'S LOCA',L'ED xN STATESIDE SUBDIVISION RNCWN AS HIGRLAYD ORANGE COUNTY DRIVE, NORTHE&V EXTENSIONd OF STATESIDE DRIVE, A1+rD PORTION OF BUEPTP_ VISTA WAY TO THE HONORABLE HOARD OF CONfMISSIOrrERS OF ORA2dGE COUNTY: The undersigned corporation being the owner of all of the lots or parcels of land adjoining the roads or streets sa hereinafter described, said streets lying in Chapel Hill Township and within the County o~ Orange and outside the corporate limits of any municipality within said County, does hereby reapeotfully petition and request that the said roads or streets as hereinafter described be closed pursuant to provisions oP G.S. 153-9(17) as amended. Said streets as are hereinafter described are shown on plats and surveys as recorded in Plat Book 8 at Page 31, Orange County Registry and Plat Book 13 at Page 51, orange County Registry, and said atreeta as hereinafter daaoribed have never been cut, graded, opened or used. Said atreeta are looated in Stateside Subdivision in Chapel Hill Township, Orange County and era more particularly described as follows: HIGHLA2dD DRIVE AI7D NORTHERN EXTENSION OF STATESIDE DRIVE: Being all of the straeta entitled "Highland Drive" and that portion of street shown and entitled "Stateside Drive" lying East of the east lines and east lines extended of Lota 27 and 1}7, Stateside Subdivision, as shown on plats and surveys as recorded in Plat Book 13 at Page 51 and Plat Book 8 at Page 31, Orange County Registry, ra£arence being hereby expressly made to said plats and surveys for a more particular description of said atreeta. PORTION CF BUE+YA VISTA WAY LYING SCT]7.'~i OP' LOT 17: Being all oP the streets entitled "$uena Vista Way" lying between the southern property line extended of Lot 17, Stateside Subdivision and the northern edge oP North Forest Drive as shown on plate and surveys recorded in Plat Book 13 at Page 51 and Plat Boek 8 at Pag® 31, Orange County Registry, reference being hereby expressly made to said plats for a more particular description of said street. The undersigned in support of said petition shows that it is the owner and holds fee simple title to all of the lots in Stateside Subdivision adjoining and abutting the atreeta as hereinabove described and as shown on the plats and surveys as referred to herein, and that said atreeta ea hereinabove described are not necessary to afford access to any lots in said subdivision or any other properties other than that of your Petitioner, and that the closing of said atreeta is not oontrary to the public interest, and that no individual owning property in the vicinity of said streets or in the subdivision in which same era located will thereby ba deprived of reasonable means for the ingress and egress to his property. That in addition, your Petitioner respectfully reports that the owners of all lots in said subdivision have ooneented and agreed to Patitioner~a i - .: ~'3v closing of said streets as shown on the instrument attached hereto marked as Exhibit A and said instrument being incorporated by reference herein as if set forth fully. ~-. WHEREFORE, pour Petitioner respectfully requests that the $oard of Commissioners of Orange County adopt a resolution declaring its intent to close the streets or portions thereof as hereinabove described, and that said Board of Commissioners Dell a public hearing on the question at a - _ time convenient with the Hoard after due notice sa required by law maybe given. RESPECTFULLY SUBMITTED, this the 27th dap of April, 1972. ORANGE BUILDE.'3S INC. CORPORATE SEAL ATTEST: /a/ David L, Curl earetary By: /s/ Harold P4. Williams President NORTH CAROLINA ORANGE COUNTY HAROLD M. WILLIAMS, being first duly sworn, deposes and says that he is an officer of Orange Bttildara, Inc., the corporation described in the Foregoing Petition, to wit, its President; that he has read the foregoing Petition and the matters and things as stated therein era true to his own knowledge, save and except those matters and things as stated upon information and belief and to those he verily believes them to be tru®. This the 27 day of April, 1972. /s/ Harold M. Williams Sworn and subscribed to before me Chia the 27 day of April, ].972. /s/ Nana:v M. Phelps NOTARY PUBLIC SEAL Notary Public My commission expires: 1-23-75 For Exhibit A "Release and Consent to Withdrawal oP Streets From Dedication" see Book 23!} Page 1$53, Orange County Registry. Upon motion of Commissioner Ira A. Ward, seconded by Commissioner William C. Ray, it was moved and adopted, that the public hearing on the petition entitled "PETITIOPd TO CLOSE STREETS LOCATES) IN STATESIDE SUBDIVISION KNOWN AS HIGHLAND DRIVE, NORTHERN EXT"~~152027 OF STATESIDE DRIVE, AND PORTION OF HUENA VISTA WAY" be set for Monday, June 5, 1972, at 10 o~clock A.M. There being no further busineae to come before the Board the meeting was adjourned to meet again on Monday, May 8, 1972, in the Li.brery 3uildi'ng. at 8 o~cloak P.M. Harvey D. Sennett, Chairman S. M. Gattis, Acting Clerk