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HomeMy WebLinkAboutMinutes - 19811102 ooaoi 2. 3, �., MINUTES j. NOVEMBER 2, 1981 Jo 7. The Orange County Board of Commissioners met in regular session 8. Monday, November 2,. 1981, at 10:00 A.M. in the Commissioners' Room, f 9. Orange County Courthouse, Hillsborough, North Carolina. 10. Commissioners present: Commissioner Anne C. Barnes, Chair, and Commissioners Norm Gustaveson, Norman Walker, Richard B. Whitted, and Don Willhoit. Agenda Item A: Board Modification ti!F• Commissioner Whitted asked that the Board consider the Salary l�• Plan and Dental Fees at the same time. Commissioner Barnes said 6• she had an announcement to make: she said that Mr_ Ben Lloyd had :7 • asked that Cheeks Township Zoning Consideration be removed from �• the agenda. Commissioner Walker was in favor of remodirq it from �• the agenda; Commissioner Willhoit was opposed to removing it from ��• the agenda. The Board decided to discuss this topic after the Zoning ' - Amendments and to consider the Appointments following the Minutes_ '•�• Agenda Item B: Audience Comments ' '3• Mr. Ben Lloyd said he wished to discuss the Cheeks Township 24• Zoning Consideration agenda topic; there were no comments from the �5• audience about items not on the agenda. 26• Agenda Item C: A proval of Minutes 27• The Board delayed consideration of this topic until the 28• afternoon session. 29. Agenda Item D: Items for Decision by Board 30• 1. Architects' Presentations 31• a. Peloquin Associates--Mr. Lee Mahler represented this firm. j2• Mr. Mahler gave a brief profile of his firm. He said there were '-3• no major structural defects in the Old Courthouse but since it )�» was on the Historic Register there were stringent controls over '•�• it. He cited the need for bathroom, a second stairway, handicap ''�• access. Mr. Mahler projected a rough estimate of costs of about 37. $255,000 plus $12,800 for contingency and 10%-12% (negotiable) 38. architect's fees. 39• 40. 00002 20 2 J° Mr. Mahler said the building could not be made useable for [° the amount of money the County has budgeted for the project 6. 7 this '•--?r- He said a phase in was possible and one could build a hew. 7° courthouse, not the same ualit q Y, for the same amount of money, _ The Board asked Mr. Mahler for a breakdown of costs for items 9. which are required by law as Opposed to those renovations which "0' are optional. Mr. Mahler said he would get that information to the Board. - b. Space Builders--Mr, Blunden and Ms. Davis represented this -� firm and presented a brief profile of the firm and some previous 140 projects. 15. The architects suggested adding an addition to the south .side lo. of the Old Courthouse for an elevator i7. . and passive solar heating, this would preserve the main entrance to the Courthouse. They said 18. new mechanical, electrical systems were needed, insulation, storm 2G° windows, a handicapped ramp on the front and refinishing of exterior trim were needed as well. 21. 22. They felt the work could be done for $236,000 to $2$1,000 e3. The Board thanked the architects for their presentations. 3. Memorandum of A regiment--HSAC 24. Ms. Peggy Palli.tzer, Chair of the Human Services Advisory 2,;. Commission, addressed the Board about the Needs Assessment project. 27, She said the Needs Assessment Committee would. address four issues: 2$. l) How do current services meet demand; 2) Duplication of services; 3) Gaps in service delivery; and, 4) Availability of service- 30. Commissioner Gustaveson moved, secondgd by Commissioner Whitted, to approve the memorandum of agreement for the needs assessment study 32 and to authorize the Chair of the Board of Commissioners rs to sign. M During discussion.the date of the final report was set as no later . � than April 1, 1982, with a Preliminary report by February 28, 1982. Vote: s A e Y 5; noes, 0. 35. 5. Zoni ng Text Amendments ��. Planning Director, Jim Polatty, told the Board the �7. se were technical, not substantive changes to the Zoning Ordinance and 38° 39. were not part of the Public hearing in July_ (See pages 40. a• s 00003 2. x � 3. 4• of this book for those amendments.) Mr. Polatty said responses . 5• to Duke Power Company's suggested changes to the Zoning Ordinance 6.� were also included following those technical amendments. The staff 7, agrees with items 1, . 2, and 4 and disagrees with 3, 5, and 6 Ithe . 8• suggested changes deal with transmission lines) . Mr. John Kincaid, District Manager for Duke Power Company, 10. said most transmission lines would have difficulty meeting setbacks, 11. etc. , and certain heights were required by the National Electrical safe 12. Code. In regard to # 4, Mr. Kincaid said as a public utility it was 13• in the best position to determine public need, not the public. He 14- , added the company was concerned about the economic question of pur- 159 chasing rights-of-way and then having to acquire a Class B Special 16• Use Permit from the Board of Adjustment. 17• Mr. Polatty said the zoning Ordinance used two standards of 18. valuation: 1) off-site impact; and 2) serves public good. Mr. 19• Polatty said the Board of Adjustment primary evaluated the location '0• of the lines but intertwined with the location was the service of _ ?1• public necessity and convenience. 22. Mr. Kincaid said his understanding was that according to North 23• Carolina law, the public utility was granted the right to deterrr 24• public necessity and given the power to condemn property, if necess« �5• He said the Company had to certify need and that the public will be' 26. served by the installation of those lines. 27. Some members of the Board thought balances, provided by the 28. Board of Adjustment,were needed while others thought one county 29. shouldn't be able to hold up a project given the fact that the utility 30• had to certify necessity and service. 31• Mr. Kincaid said the company was "resigned" to # 6. The Board %2• proposed eliminating # 4 from the amendments and to have it returned '3• after discussion and reworking among the Planning Staff, Planning 34• Board and Duke Power. 35• Commissioner Whitted moved, seconded by Commissioner Gustaveson, 36• to adopt the technical amendments to the Zoning Ordinance as recom-- 37. mended by the Planning Board. (See pages of this book.) 38. Vote: Ayes, 5; noes, 0. ,39. 40. 19000 _ 4 2< r; 3, �!•• Commissioner Whitted moved, seconded by Commissioner Willhoit, 5. the adoption. of substantive changes # 1 and 2 (see pages �• of this book) . Vote: Ayes, 5; noes, 0. 7• Commissioner Walker moved to approve # 4. Motion died for lack 8, of a second. 9. Commissioner Gustaveson moved to accept the recommendation of f 0• tYib' Planning Board, that is'no change in # 3; Commissioner Whitted - �1• seconded the motion. Vote: Ayes, 5; noes, 12. Commissioner Whitted moved, seconded by Commissioner Barnes, 13• to accept the amendment to (e) of # 4 (referring to Article 8.8.19.1 14• of the Zoning Ordinance), and to eliminate (b) of that same stem and 15• to request• that Planning Staff and representatives of Duke Power fib• have discussions on (b) to reach an agreement on language. 'Vote.- 17• Ayes, 5; noes, 0. 13. Commissioner Gustaveson moved, seconded by Commissioner Barnes, 19• to leave 8.2 of the Zoning Ordinance (# 5 on page of this book) 20. as it is and to refer back to the Planning Staff and Board 8.19 21. for a rewrite to include a waiver for transmission lines. Vote: ' 22. Ayes, 5; noes, 0. -' Commissioner Gustaveson moved, seconded by Commissioner Whitted, .24• to take no action, that is, leave it as is, on # 6 (page of 25• this bock) . Vote: Ayes, 5; noes, 0. 26• 7. Cheeks Township Zoning Consideration 27. Commissioner Barnes said there appeared to be a great deal of �8. confusion on the part of the citizens as to what was in or not in 49• the Zoning Ordinance. She suggested the Board delay any action on 30• extension of zoning into Cheeks TownshiptLmtil after the Water �- Resources Task Farce Report had been received and taken to public �r• hearing. Commissioner. Barnes said this action.may clear up any 33. confusion about what was included or not included in the Zoning 34- Ordinance. Y'• Commissioner Whitted moved to hold off on any consideration of exten �0• sion of zoning into Cheeks Township until after the Water Resources Task 37• k'c:rce Report had gone through the process, i.e. the Planning Board Aso 39. 40. -, 2. 3• 4• reviews it and the recommendations contained therein and brings 5• zoning Ordinance Amendments based on the. recommendations to public 6. hearing; Commissioner Willhoit seconded the motion with an amendment 7• (accepted by Commissioner Whitted) that the Planning Director would' 8. work with the Manager to develop informational materials which 9• would help clarify the issue for the public.. Vote: Ayes, 5; noeso 0. 10• Mr. Lloyd asked the Board that any consideration of this topic 11. for a decision to extend zoning into Cheeks be held at a night meeting_ 12• The Board reached a consensus that there was no objection to having 13• that decision made at an evening meeting. 14• The Board adjourned the meeting until after lunch. 15. The Board reconvened after lunch with all members present 16. except for Commissioner Walker, who did not return. 17• C. Minutes September 30, 1981 1$• Commissioner Willhoit moved, seconded by Commissioner Whitted, 19• the approval of the Minutes of September 30, 1981, as submitted. ?00 Vote: Ayes, 4; noes, 0. '1• '. D. Items for Decision by Board 22. 3. Appointments 23• Commissioner Whitted moved, seconded by Commissioner Willho' ;. 24• to• appoint Larry Carter and Nancy Goodwin to the Hillsborough 25• Planning Board. Vote: Ayes, 4; noes, 0. 26• Commissioner Willhoit moved to table consideration of the �7• Personnel Advisory Board till the next meeting but to return it 28• to each subsequent meeting until all appointments are made.; 29• Commissioner Whitted seconded the motion. Vote: Ayes, 4; noes, 0. ' 30• Orange County Board of Adjustment: The Board directed this 31• be advertised again and to check with those who had applied to --32• the Hillsborough Planning Board (but not appointed) to ascertain 3• interest. 34• Triangle J EMS Council, Alternate Delegate: The Board asked 35• that this be held until the Orange County EMS Council was under- 36. way again. 37. 38. ;39." 40. 1. 6 `. J� e 6. Subdivision Plats a. Francis T. Hill: Mr. Polatty said this is a major sub- 0 6. division adjacent to Eno State Park. jo Commissioner Willhoit moved, seconded by Commissioner Whitted, 8, approval of the Francis T. Hill Subdivision. Vote: Ayes, 4; noes, 9. 0. ---- 10. b. Ariel Hill Subdivision: Mr. Polatty said this is a major subdivision in Eno Township. ;'. Commissioner Willhoit moved approval of the Planning Board's L3- recommendation to approve with all stipulations (see page of this book) ; Commissioner Whitted seconded the motion. Vote: Ayes, r 4;noes, 0. 1�. 16, c. Ann Joyner, et. Al. Subdivision: Mr. Polatty said this 17, was a major subdivision in Bingham Township. yg, Commissioner Gustaveson moved, seconded by Commissioner Willhoit, 19. approval of the Ann Joyner, Et. Al. Subdivision, as recommended 20, by the Planning Board with the Class "C" road. Vote:, Ayes, 4; 21. noes,--0. -. 22. d. Lucille King Minor Subdivision: Mr- Cannity told the ,23. Hoard this minor subdivision request was being brought to it becrl,:� 21F. of a problem the owner was encountering obtaining a right-of--wa 25. from Southern Railroad (see pages of this book for details) . 26. Commissioner Whitted moved, seconded by Commissioner Willhoit, 27. approval of the Lucille King Minor Subdivision. Vote: Ayes, 4; 2S. noes, 0. 29. e. Steep Bottom Run Subdivision: Mr. Polatty said this is �Ca a major subdivision in Chapel Hill Township., Some Board members 4. expressers a concern about possible traffic hazards with the number 32. of driveways entering directly onto SR 1129 and the line of sight 33. within that curve. The Board asked the developer (who was not pre sent but was represented by Mr. Alois Callemyn) to consider joined 35. driveways. The Board asked this to be returned to the agenda after discussions between Planning Staff and the developer regarding the 374. concerns voiced by the Board. 38. 39. too. 00 7 GC {v"rV 3e 4. f. Seven Mile Falls, Section II: Mr. Cannity said this 5 0 subdivisi.oni.is located on Dimmocks Mill Road across from Section 6. I of Seven Mile Falls. 7. The Board expressed concern regarding lot size and traffic 8. problems in this subdivision. 9 Commissioner Whitted moved to extend the moratorium on develop,- . 10. ment to the Upper Eno Watershed. He withdrew his motion and asked 11. that consideration 'of the extension of the moratorium be placed on 12. the agenda for November 17th. 13- The Board of Commissioners referred the Seven Mile Falls, Section 1 II subdivision back to the Planning Board for reconsideration with 15. regard to a traffic problem and lot size. 16. g• Riveredge: Mr. Cannity told the Board this subdivision had 17. been on an earlier agenda but the Board of Commissioners had referred 18. it back to the Town of Hillsborough for review with the possible 1 19. impact to Lake Ben Johnson in mind. 20o Mr. Weisfeld, the developer, had agreed to the combination of i1. the two smaller lots into one large lot which creates three 22. lots slightly larger than three acres each. �3- Commissioner Willhoit moved, seconded by Commissioner Gustay. 24. to approve the Riveredge Subdivision with the combination of the 25. two smaller lots into one lot to be sold and developed as one lot.. 26• Vote: Ayes, 4; noes, 0. X70 4. Salary Plan 28. Commissioner Gustaveson moved to approve the Manager's recom- 29. mendation of a 5% across the board increase, effective January 1, 30. 1982, with the assumption of an additional 9th step to the classificatic 31- plan, pending review and further Board action of such a 9th step. i2. Commissioner Barnes seconded the motion. Vote: Ayes, 4; noes, 0. 33e Commissioner Whitted moved to delay the reclassification of 34- the nurses until July 1, 1982, in order to coincide with the 35. budget considerations; Commissioner Barnes seconded the motion. 36 Vote: Ayes, 4; noes, 0. 37. 38. 39. 40. 1e 3e 4' 8. Dental Fees 5, Commissioner Gustaveson moved to approve the Manager's 6. recommendation to modify the sliding scale for dental fees to 7' no less than 20% of full, cost, .and to establish a $5.00 minimum 8. charge per appointment; Commissioner Willhoit seconded the motion. rj --- ' Vote: Ayes, 4; noes, 0. ]0. 8a. Announcement added f-11' Commissioner Barnes-said she had received notification today 12. that the Board of Commissioners was invited to attend O--P-C Mental •13- health Association annual potluck dinner on Tuesday, November 10, 14. 1981, at 6:30 P.M. 15. - 9. Executive Session lb. Commissioner Whitted moved that the Board convene in executive 17. session to consider a legal matter following a short break; Com- missioner Gustaveson seconded the motion. Vote: Ayes, 4; noes, 0. 19, 2o. c1„ Anne Barnes, Chair -- 22. '-3e Paulette Pridgen-Pond, Clerk 24. 25. 26. 7. 28. 29. 30. �. '1. 33. 34. 35. 36. 37, 38. 39. 40.