HomeMy WebLinkAboutMinutes - 19820125 00372
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4• MINUTES
5• JANUARY 25, 1982
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7. The Orange County Board of Commissioners met in special session
8. on Monday, January 25, 1982, at 12:00 P.M. (Noon) in the Com-
9. missioners' Room, Orange County Courthouse, Hillsborough, North
10. Carolina.
11. Commissioners present: Chairman Richard E. Whitted, and
12• Commissioners Norman Gustaveson, Shirley E. Marshall, Norman
13. Walker and Don Willhoit.
Y4• The purpose of this meeting was to discuss the Efland
15• Elementary School Property.
16. Chairman Whitted provided a brief summary of the events
�7• relating to the bidding process on the Efland Elementary School
18. Property. Commissioner Whitted asked the County Attorney, Mr.
19. Gledhill, if there was another upset bid would the property
20. then be returned to auction; Mr. Gledhill replied yes.
23• Several Board members said the issues were the same todayW
22• as they were at the special meeting on January 22, 1982 with
�3• the Orange County Board of Education i
, i.e., public accessibility
24• to the recreational facilities if the property is purchased
25• by a private club (the Ruritan Club is the only other bidder)
26• and if the property is not sold at or near the market value
27= some sort of guarantee that the property will be offered to
28. either the County or the Board of Education for the first
29. opportunity to purchase in the event that it is no longer used
30• for recreation programs. ,.
31. Commissioner Willhoit moved to enter an upset bid for the
J2• Efland Elementary School Property in the minimum allowed by
33. law (that is, $47,405) ; Commissioner Marshall seconded the motion.--
34• During ensuing discussion, Commissioner Walker said this purchase,
35. if not upset and is acceptable to the Board of Education, would
36• place the County in a financial bind. Vote: Ayes, 4 (Commis-
37. sioners Whitted, Gustaveson, Marshall and Willhoit) ; noes, 1
38. (Commissioner Walker) .
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4• Commissioner Gustaveson moved, seconded by Commissioner
5• Marshall, to communicate with the Board of Education the Board
6• of Commissioners' willingness to withdraw its upset bid if the
7• Board of Education would negotiate stipulations with the buyer
8• to guarantee public accessibility and a reversion clause that
9• in the event the property is no longer used for recreation the
10. County or the Board of Education would have first option to
11• purchase it. Commissioner Willhoit said the .Board of Education _.._
12. had already indicated that it was unwilling to add stipulations.
13. Vote: Ayes, 3 (Commissioners Whitted, Gustaveson and Marshall.) ;
14• noes, 2 (Commissioners Walker and Willhoit) .
15. Commissioner Willhoit moved, seconded by Commissioner,,,,Gustaveson,
16. to adjourn the meeting. Vote: Ayes, 5- .noes, 0. °.
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Richard E. Whitted, chairman
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oOO Paulette Pridgen-Pond, Clerk
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4. MnaMS
5. JANUARY 25, 1982
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7• The Orange County Board of Cmmissioners met in regular session on
8. Monday, January 25, 1982, at 7:30 P.M. an the Superior courtroom, Orange
g• county courthouse, Hillsborough, North Carolina.
J_0. Ctmissicners present: Chairman Richard E. Whitted, and Commissioners
11- Norm Gustavescn,. Shirley E. -Marshall and Don Willhoit.
12• Commissioners absent: Cammissicmer Norman Walker.
13• In order to accommodate the Planning Board which was present for
14• the Public Hearings on the Special Use Permit Requests, Chairman Whitted
15• suggested the meeting begin with Agenda Iton.D, the Public Hearings.
16• Planning Board members present: Tan Bacon, Robert Greer, pagan Irvin,
17. John Kizer, Nancy Laszlo, Hazel Lunsford, David Shanklin, and John Wilson.
18'• Planning Hoard nembers absent: Pat Crawford, Chair, Art Cleary,
19• Alice Gordon, and Claudine Harris.
?0,. D. Public Hearings
21. _.l. Falls of New Elope Participatory Paving Preliminary Assessment
22. Roll: Chairman Whitted called for public comments an this Assessment
�3• Roll; tyre were none. Chairman Whitted declared the public hearing closed
24. and said Board action would occur during the decision portion of this meeting:
25' 2. Duke Power Company request for a Planned Development Office
26. Institutional, Class A Special Use Permit and rezoning: All those who
27. presented evidence were sworn by Chaixnnan Whitted.
28. Mr. Rick Cannity presented the evidence for the Plann3n
g Department;
29. he cited the location of the proposed Planned Development and presented the
30° findings of fact (those findings are on pages t of this book). Mr.
31• Cannity said the recommendation of the Planning Staff was that the request
32° of Duke Power Company for a Planned Development Office Institutional and
33° Class A Special Use Permit and rezoning be granted with conditions (see pages
34• of this book for the conditions) because a preponderance of evidence
35. indicate substantial oanpliance with the General Standards and specific
30° rules governing that_request.
37. Mr. John Kincaid, District Manager of Duke Power Company, addressed the
38° Boards, he said Duke Power had purchased the power utility in 1977 and had
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4- operated in leased space since then. He said the site selected was
5- appropriate for this use.
6. Mr. Dwight Hollisfield, Landscape Designer with Duke Power Company,'
7. said he didn't think Duke Power should hear the entire cost of extending
8. a sewer line to the site; he said there would be low use of such lines by
9. Duke Power because it is an office. He asked that the request be.approved
10. with an on-site disposal system if nothing could be worked out with the
110 large land owners who wodld.also benefit from the sewer line extension.
12. Planning Board member Kizer asked if Duke Power was in agreement with
13- the other conditions except the sewer line extensions Mr..Kincaid said yes.
14. JO=missioner Marshall asked how many employees would be in the
15. building. Mr. Kincaid said between 25-30 with others an transit to other
16. sites.
17. Planning Board member Irvin asked about the parking spaces; Mr.
1 8. Kincaid said the spaces were adequate for employees, custcmers and same
19. expansion.
-0. Mr. Kincaid told Planning Board rember Irvin that Duke Power planned
to contract with a private contractor to remove waste,from DLupsters it
22. planned to provide.
23- Mr. Kincaid told Planning Board member Kizer that Duke Power planned
24. to store cable, wire, transformer, pales, that is, materials needed to
25. provide service, in its storage yard.
26. Mr. Hollisfield presented the landscape design to the Boards. He
27. said the design would be a strong statement about Chapel Hill. He
28. planned to plant about 5000 wildflowers and small trees to replace those
29. lost by the construction of the building. He said the plan was to he
30. "dynamic, not rigid" and to be "unostentatious" with "no violation of
31- the site."
�2• Mr. William O'Brien, Duke Power Company, said the ccnstructicn was
3. to be in two parts. He said the only glass would be on the south facade;
34- with low earth berms and heavy insulation. He said the impact from the
35• road would be minimal.
36. Oomii.ssicner Gustaveson asked haw long the present design would be
37- used before growth demanded more space.
38. Mr. O'Brien said the growth would be internal first; that space was
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(�. built in with growth..i.n mind. He added that external expansion would
5. be generally westward, away from parking areas. He said that additional
6. property was owned which was presently reserved for a. substation; this
7. is not parr of the special use permit request nor rezoning request.
8. Commissioner Wil]hoit asked if that project was dependent on the
9. facility presented here tonight.
10. Mr. Kincaid responded that the site had been chosen with an eye
11. toward•future.growth in that direction of Chapel Hill. -.He.said location_. .
12. of the substation at that site would eliminate the need for another
13• road/driveway to the substation as you would enter through Duke Power's
14- driveway and then turn toward the substation site. Mr. Kincaid said
15. approximately five acres are set aside for the substation and the site
16. would lend itself well to screening.
17. Mr. Bobby Nichols asked about the footage of the proposed floor
18. area.
19. Mr. Kincaid said the figures in the plan of about 163,000 sq. feet
20, were the neximum allowed on a lot of this size.' He does not foresee
1• expansion to anywhere near those sizes. He thinks Duke Power will be at
22. this site for at least 30 years with no expansion foreseen for 5-10
23. years; at that time perhaps 1,000 feet expansion.
24• Chairman Whitted asked if there were any members of the audience
25. who wished to give evidence.
26. Ms. Emily Chee was sworn. She asked where the transmission lines
27e would go for the substation.
28. Mr. Kincaid said it was uncertain at this time. He thinks the lines
29. will cross Highway 86 at Eubanks Road, about a mile north of that. He
30. said surveying for the best location had not beEp done yet.
31. Ms. Chee wanted to know if there would only be one tower or several.
32. Mr. Kincaid did not know; he said distance between tower varied.
33• Ms. Chee wanted to know if affected property owners had been notified.
3 Mr. Kincaid was unsure.
35• Chairman Whitted said the information on the substation was inci-
dental; it is not part of this request.
37. Mr. Kincaid said Duke Paver had originally planned to make it a part
38. of this request; however, plans were running behind.
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4- With no one who wished to present further evidence, Chairman
5. Whitted declared the public hearing on Duke Power Company's request
6. for a Planned Development, Class A Special Use Permit and Rezoning
7. closed.
8. Bingham Woods Subdivision Planned Development Housing; Class
9. A Special Use Permit & Rezoning.
10. All those who addressed the Boards were sworn by Chairman
11. Whitted. '
12. Mr. Rick Cannity, Planning Department, presented the evidence
13- for the Planning Department; he stated the findings of fact (see
14• pages of this book). Mr. Cannity said the developers were
15- in agreement with the conditions except for numbers 1 and 2. The
16. Planning Staff requested the developer change his entrance to another
17. point on an unpaved road , then asked that he pave that portion of the
16. road from SR1949. The developer thinks his proposal of a chemical
190 treatment of the interior roads is sufficient.
...`°0• Chairman 4initted told Mr. Cannity there is no White cross Rural
'1• f axe Department.
22. CaTmi.ssioner Willhoit asked why the Planning Staff asked that the
23• entrance be moved. Mr. Cannity replied that there is an existing mobile
24• .- ._ .home park nearby and this request would serve to lessen traffic congestion.
25• Mr. Larry Zucchino, Landscape Architect, spoke for the developer.
26. He said the goal was moderately priced housing for the area. He said the
27. developer and he prefer the original entrance way and that the request from
28• Planning that the roads inside be paved with asphalt would he prohibitive
29. in cost. He and the developer do agree with the other conditions.
30• Mr. Zucchino told Planning Board member Irvin there were two off-
31. street parking spaces per unit; and that the entire waste water treatment
.32• area will be fenced as required. Although he wasn't sure of the depth of
3* the lagoon, Mr. Zucchino said further that this type of system was used over
34- the State and recognized by Triangle J COG; odor problems, he added, were
35• not anticipated if the unit was functioning properly. He said, in response
36• to Planning Board member Irvin, that a system to xemove detergents was not
37. planned.
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Planning Board member Kizer asked several questions bbout fire hydrants
(none are planned) , the cul de sac turn arounds (about 70 feet), and if any -
treatment was planned for mosquitos or bugs at the lagoon.
Mr. Zucchino said he didn't think any treatment was planned. That
chlorinization was planned from the lagoon to the field for spraying. Mr.
Kizer then asked if the lagoon was raw sewage and if so, how were solids
removed. Mr. Zucchino said the lagoon was raw sewage and there was a solid .
removal screen but he didn't know how it worked. Mr. Kizer then asked about -
the elevation of the wells planned for the site and their relation to the
lagoon drainage site. Mr. Zucchino responded he thought elevation of the wells
was about 35'-40' above the lagoon. The lagoon is the lowest point of the:;site..
Planning Board member Shanklin asked about the water quality. Mr.
Zucchino said this system was designed to meet the State standards.
Responding to an inquiry about roads fXM Eommissioner Millhoit, Mr.
Zucchino said that the developer had planned 4" crush and rua with a chemical
binder but that the Planning Staff had moved the original entrance to the
site and then said the longer entrance should be paved. He said the cost of
the paving is twice as expensive as the treatment the developer had planned_
Planning Board member Irvin had same concern about carving sites out of
the woodland. Mr. Cannity said the landscaping would be kept to a minimum;
that some of the trees were twenty-five years old and the developer planned
to retain all natural landscaping possible.
Mr. Cannity said that an active agricultural operations was across the .
street from the development and the Planning Staff felt that moving a portion
of the units would stop some of the dust; and that with the thirty-five units
down the street (the pre-existing mobile home park) there existed a potential
for a traffic problem if the original entrance was maintained.
CommLiissioner Willhoit encouraged the Planning Board to consider a trade
off between the road requirements and the density of development planned.
Chairman Whitted asked if any member of the audience wished to give
ievidence.
Mr. James Pritchard—said he was a neighbor of Mr. Ford's '( the develop-
er) and Mr. Ford did soma work for him cn his (Mr. Pritchard's)'mobile home
park. Mr. Pritchard said Mr. Ford did good work and did what he'd said he'd
do. Mr. Pritchard is in favor of this request for Bingham Woods. He said
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there is a need for this type of housing; with the high interest rates, this
is good interim housing.
Chairman TAhitted, with no further persons wishing to speak, declared this
portion of the public hearing'over-
C=Ttissioner Willhoit moved, seconded by Commissioner Gustavescm, to
- adjourn, the public hearings on the Duke Power COY request and the Bing-
ham Woods request until March 1, 1982, to receive the Planning Board's
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recommendation.
Vote: Ayes, 4; noes, 0.
The Planning Board members left the meeting and the Board of Commis-
sioners resumed their regular agenda.
A. Board Cats
Cawnissiazer Willhoit added for consideration the Carrboro Board of .
Adjustment appointment.
B. Comments from the Audience
Ms. Josephine Barbour said she, wished to speak on the Water Resources
Task Force Report schedule; Mr. Charles Levi wished to address the Board about
the Northern Fairview Community Development program.
The County Manager, Mr. Thompson, told the Board Mr. levi's request was
being handled administratively.and the Board would be informed as necessary.
Mr. Levi said he was bringing this matter to the attention of the Board and
asked to be heard as a matter not on the agenda. Chain-man Whitted said by
consent of the Board matters were added.to the agenda and the Board chose
to let management review the request before it care to the Board.
C. Minutes—October 26, 1981
Candssiener Willhoit moved, seconded by Coami-ssicner Gustaveson, to
approve the Minutes of October 26, 1981, as submitted. Vote: Ayes, 4; noes,0.
D. 1. a. Will the Board confirm the Assessment Roll for the Falls
of New Hope Participatory Paving Project (state Dads # 1873=1877)?
0muti.ssioner Willhoit moved to confirm the Assessment Roll for the Falls
of New Hope Participatory Paving Project (State Roads # 1873-1877) at 9:30 P.M.
and to direct the Clerk to the Board to deliver the Assessment Roll-to the
Tax Collector for collection; Commissioner Gustavesm seeded the motion_
Vote: Ayes, 4; noes, 0. (The Roll is on pages of this book.)
The Clerk to the Board filed a Certificate of Mailing for the Falls
of the New Hope Participatory Paving Assessment Roll (that Certificate is
on page of this book) .
E. Items for Hoard Decision
1. Advanced Life Support Policies& Procedures: Mr. Bobby Baker told the
Board this manual ccntained policy, procedure and protocol for EMS Personnel.
Cmmissioner Willhoit moved, seconded by Commissioner Marshall to adopt this
Advanced Life Support Manual. Vote: Ayes, 4; noes, 0.-
2. Lease Agreement--JO=: Mr. Thompson said there were a few minor
technical, alterations to the lease but basically this would be the agreement.
C=nissicner Gustaveson moved, seconded by Onmmissioner Marshall to approve
this lease agreement with JOCCA, for the Cedar Grove Building, incorporating
the minor technical changes, and authorizing the Chair to sign it, with the
effective dateAuly 1, 1982. Vote: Ayes, 4; noes, 0.
The Board said it would like a status report from JOCCA on its allocation
and operational casts.
3. Water Resources Task Force Report Procedures: The Board said it
would like to have a work session with the Planning Board on the Water Resources
Task Force Report. Mr. Polatty said the Planning Board had almost finished
reviewing the document and would finish cn its next meeting. The Board said
it would schedule the work session and then consider a date for a public
hearing on the document.
Ms. Barbour said the report was being circulated at Triangle J COG and
she felt that since it had not been to public bearing yet such circulation
was premature.
4. February Meeting Scheduler Conv&ssaoner Willhoit moved, seconded
by Commissioner Gustaveson, to cancel the February 22nd meeting. Vote: Ayes,
4; noes, 0.
5. Public Hearing date--Midway Airport/Industrial Park: The Board
set March 8, 1982, at 7:30 P.M. in the Superior Courtroom, Orange County
Courthouse, as the date for the public hearing on the Midway Airport and Indus-
trial Park.
6. Extension of Tax Listing date: Commissioner Gustaveson moved,
seconded by Carnassi.oner whitted, to extend the tax listing deadline to
February 1, 1982, because of bad weather and the 31st of January falling
this year on a Sunday. Vote: Ayes, 4; noes, 0.
7. Addition to State Secondary System: CDnmdssioner Willhoit moved,
seconded by Commissioner Gustaveson, the addition of Hickory Forest Road
and old Spring Road to the State Secondary Road System. Vote: Ayes, 4;
noes,0.
8. Carrboro Board of Adjustmart: Commissioner Willhoit moved, seconded
by Comnissicner Vershalll, to name Mr. William Iarimer to the Carrboro Board
of Adjustment. Vote: Ayes, 4; noes, 0.
Mie Clerk was asked to notify Carrboro-and Nor. Tarimer of this action.
Comnissioner Gustaveson moved, -seconded by O mnissibner Miitted, to
adjourn the meeting. Vote: Ayes, 4; noes, 0.
'The Board adjourned.
Richard Witted, Char
Paulette Pridgen-Pond, Clerk
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