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HomeMy WebLinkAboutMinutes - 19800225 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS FEBRUARY 2$, 1980 The Orange County Board of Commissioners met in regular session with the Orange County Planning Board on Monday, February 25, 1980, at 7:30 p.m. , in the Commissioners Room, Orange County Courthouse, in Hillsborough, North Carolina. Commissioners present: Chairman Richard Whitted and Commissioners Anne Barnes, Norman Walker, Norman Gustaveson and Don Willhoit. Planning Board members present: Lindsey Efland, Chairman, and Alice Gordon, Claudine Harris, Hazel Lunsford, Art Cleary, Pat Crawford, John Wilson, Bob Greer, Logan Irvin and Nancy Laszlo. Chairman Whitted turned the meeting over to Planning Board Chairman, Lindsey Efland, to conduct a public hearing. Chairman Efland introduced Dr. Alice Gordon and Mrs. Claudine Harris, two newly appointed members of the Planning Board. The Planning Director reviewed proposed changes .to-the County zoning ordinance: Article 1 - General Provisions and Article 2 - Administrative Mechanisms. Chairman Efland called for comment from persons speaking in opposition to the proposed changes to Articles 1 and 2 of the zoning ordinance. Mr. Randall Waugh asked why the material in the proposed changes was not mailed to the township advisory councils. Chairman Efland explained, due to the high costs of postage, the material had been mailed only to the chairperson of each township advisory council. Dr. David Lang, Eno Township Advisory Council, said he had not received the material. Mr. Waugh suggested the addition of a Section 1.3.0 with the following wording: Private Property Rights: This Ordinance, all material included herein by reference and all material used for the administration of this _ Ordinance do not take any property, property right nor property use nor convert any of these to public use except by due process of law." Proposed Section I.S. Mr. Waugh suggested using the old agriculture exemption section until a bona fide definition of a farm is discussed by the township advisory councils. Y -Proposed Section 2.2.1. Mr. Waugh suggested all references to a comprehensive plan be deleted from the document. He suggested deleting' the last sentence of proposed section 2.2.1. Mr. Waugh expressed concern over the lack of wording that would insure advisory councils will remain in existence. Proposed Section 2.2.8. Mr. Waugh suggested the minutes of advisory council meetings and transcripts of public hearings be kept as public record. Proposed Section 2.2.11.C. Mr..Waugh said he did not think there is any legal basis for members of the Board to enter onto private property. Existing Section 14.3.2. Mr. Waugh suggested a provision in the document that would allow a citizen who exhausts the right of appeal a right to a jury trial. Proposed Section 2.3.3.4. Mr. Waugh suggested adjoining property owners be given written notice. He requested legal notice be published in the News of Orange. Proposed Section 2.3.5.1.0. Mr. Waugh suggested the deletion of the reference to an adopted comprehensive plan. Proposed Section 2.4.2. Mr. Waugh said he would like the document to reflect the meetings of the Technical Advisory Committee be public, be known to the public and minutes be written as a matter of public record. Dr. David Lang, Eno Township Advisory Council Chairman, said he agreed with the comments'of Mr. Waugh. He expressed concern that advisory council meetings had been cancelled for the past few months. He said advisory councils did not have an opportunity to review proposed changes presented at this public hearing. Dr. Lang raised the following question4: - Who were members of ZOTAC, who drafted this series of proposed revisions, how long have these revisions been under consideration, was there any discussion of these proposals at any advisory council that met during the time these proposals were under consideration? Dr. Lang suggested the proposals be withdrawn at the present time and submitted for discussion at the advisory councils before bringing them to public hearing. -2- Mr. Waugh said he agreed with Dr. Lang's statement. 4 Chairman Efland gave the makeup of ZOTAC. Ms. Nell Andrews, member of Eno Advisory Council, said she could not get a copy of the proposed changes to the zoning ordinance at the public library as of 4:30 the day of the public hearing. She suggested citizens of Orange County should have an opportunity to study the proposal and have another public hearing before the Planning Board makes its recommendation to the Commissioners. Dr. Harris, Eno Advisory Council , said he found it impossible to talk about proposed changes because he did not receive a copy in time to study it. He endorsed Dr. Lang's request that the revisions be dropped from this public hearing until advisory councils have had a chance to review and make their recommendations - then have another public hearing. Dr. Lang said he thought the advisory councils had made some very significant changes in the subdivision regulations and that the experts and the Planning Board had agreed. Chairman Efland said the proposed documents will be referred to the Planning Board after the public hearing. He invited all interested persons to attend the Planning Board meeting. Commissioner Willhoit requested the planning staff check the mailing list to township advisory council chairpersons to be sure that Dr. Lang and other chairpersons would receive mailings. Dr. Harris said he did not want the Planning Board to take action on these proposals until another public hearing had taken place. Commissioner Walker asked when and where the ZOTAC meetings were held. Chairman Efland said meetings alternate between Chapel Hill and Hillsborough, one noon meeting and one evening meeting. - Mr. Waugh requested a copy of all public information and regulations be kept in the public library so that working persons would have access to such information. Dr. Alice Gordon asked for clarification of the approval procedure. Chairman Efland explained the Planning Board would meet to discuss these two articles in March and then make a recommendation to the Commissioners. -z- He said other articles would be forthcoming and would be brought to public hearing for input. Bob Greer said he would prefer to review the ordinance section by section but have a public hearing on the entire ordinance and adopt the entire ordinance at one time. Dr. Gordon concurred with this statement. Chairman Efland asked those persons in favor of the proposed revisions to speak. Bob Greer asked for clarification of the adoption process. Commissioner Barnes asked for clarification of established procedures and ground rules for advisory councils. Chairman Efland turned the meeting over to Chairman Whitted. There being no further comments, Chairman Whitted declared the public hearing adjourned. Agenda Item 2: Caldwell Fire Department_ Commissioner Walker moved, seconded .by Commissioner Willhoit to authorize the Department of Transportation to pave the driveway leading to the Caldwell Fire Station. Vote: ayes, 5; noes, 0. Agenda Item 4: Secondary Road Program_ The Chairman requested the Clerk contact Mr. J. W. Watkins, Division Engineer, Department of Transportation to suggest March 24 or April 15 as prospective dates for a public hearing on the 1980 secondary road program. Agenda Item 3: Northern Fairview Project Commissioner Gustaveson moved, seconded by Commissioner Barnes, to move into executive session to discuss possible litigation with the County Attorney. The Chairman called for public session to reconvene. Commissioner Gustaveson moved, secondedtCommissioner Willhoit, to transfer $40,000 from the Clean Water Bond Fund to the Community Development Fund. Vote: ayes, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to extend the date for completing the Northern Fairview Community Development Project 90 days. Vote: ayes, 5; noes, 0. i -4- r, F - Commissioner Willhoit announced Board members had been invited to attend a Golden Age Happy Circle set for 12:00, February 26th. There being no further business to come before the Board, Commissioner Barnes moved, seconded by Commissioner Gustaveson, the meeting be adjourned. Vote: ayes, 5; noes, 0. c Richard E. Whi ted, Chairm Mary Lou Bouley, Clerk I -