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HomeMy WebLinkAboutMinutes - 19820405U~~~~ ~ ' ~l ? ~. cW MINUTES APRIL 5, 1982 The Orange County Board of Commissioners met in regular session on Monday April 5, 1982, at 10:00 A.M. in the Commissioners' Room, Orange County Court- house, Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted; and Commissioners Norm Gustaveson, Shirley E, Marshall, Norman Walker and Don Willhoit. A. Board Comments: Chairman Whitted said he had an annpuncement to add to the agenda. B. 'there were no members of the audience who wished to comment about items on the printed agenda or not on the printed agenda. C. Minutes: Commissioner Willhoit moved, seconded by Commissioner Whitted, to approve the Minutes of January 19, 1982, as submitted. Vote: Ayes, 5; noes, 0. Commissioner Marshall moved, seconded by Commissioner Gustaveson; to approve the Minutes of January 25, 1982, as corrected. Vote: !{yes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Walker, to approve the Minutes of February 16, 1982, as corrected. Vote: Ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by .Commissioner Gustaveson, to. approve the Minutes of the meeting on March 17, 1982 (Work session) as submitted. Vote: Ayes, 5; noes, 0. D. Reports• - 1. Mr. Ed Holland of Triange J Council of Governments, summarized the major findings of the report entitled HAZARDOUS AND LOW-LEVEL RADIOACTIVE WASTE, REGION J, NORTH CAROLINA produced by the Subcommittee an Hazardous and Low-Level Radioactive Waste at Triangle J COG. Following the summarization of the major findings (cited above), Mr. Holland reviewed the recommendations made by the Subcommittee on Hazardous and Law-Level Radioactive Waste. f Uiiti~~ -' i y ~y It was a consensus of the Board of Commissioners to refer this report and its recommendations to ZOTAC, the Orange County Board of Health and the Orange County Planning Board for their study and recommendations to the Board of Commissioners. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to ask the County Manager and Legal Staff to evaluate the Chatham County moratorium an hazardous wastes disposal sites in that County for its applicability in Drange. County. Vote: Ayes, 5; noes, 0. 2. Mr. John Gastineau. represented the Chapel hill-Carrboro Chamber of Commerce and is the Chair of the Economic Development Committee of that Chamber. Mr. Gastineau's remarks are copied on pages of this book. The thrust of his comments was that Orange County needs to develop an economic development p1 an. Additionally, he offered three options for getting an economic development employee into the County. The Board thanked Mr. Gastineau for his report. - 3. Sheriff Knight--.Jail Inspection Report: Sheriff Knight told the Board of Commissioners that the problems cited by .the jail inspection report (dated .March 8, 1982) would be corrected when the new facility was completed (that report is on pages of this book). The Board thanked the Sheriff for his report. E. ITEMS FOR BOARD DECISION 1. Proclamation: Commissioner Gustaveson moved, seconded 6y Commissioner Walker, to proclaim the week of April 18-24, Volunteer Week in Orange County and to empower the Chair to sign the Proclamation. Vote: Ayes, 5; noes, 0. 2. Proclama-tion: Gomanissioner Walker moved, seconded by Commissioner Gustaveson, to proclaim April 19-24th Clean Up Litter Week in Orange County, and to empower the Chair to sign the Proclamation. Vote: Ayes, 5; noes, 0. 3. Governor's'Statewide Volunteer Awards: Commnissioner Marshall moved, seconded by Commissioner Walker, to have the Clerk contact the service organizations within the County for nominees far these awards for Board consideration. Vote: Ayes, 5;noes, 0. 4. Appointments: Recreation Council-:-Conunissioner Walker suggested Ms. Elaine Parker may 6e willing to serve and asked the Clerk to send her a resume. Energy Commission--The Clerk should check resumes dated backward for one year and ascertain those persons interest in being considered for appointment. ~ Commission on Women--The Board deferred any action on th;s Commission. ~ Southern Triangle Fire District Board of Trustees: The Board deferred arty action on this appointment. Orange County Board of Adjustment--Commissioner Gustaveson moved, seconded by Commissioner Marshall, to reappoint Mr. Jim Carter and pr. Joseph Suggs to terms on the Board of Adjustment. Vote: Ayes, 5; noes, 0. Industrial Facilities and Pollution Control Financing Authority--Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to appoint Mr. Grainger Barrett to the unexpired term of Shannon Julian. Vote: ayes, 5; noes, 0. Capital Health Systems Agency--Commissioner Marshall moved, seconded.by Com- missioner Whitted, to appoint Commissioner Gustaveson to the Board Selection Com- mittee. Vote: Ayes, 5; noes, .O. The Clerk was asked to advertise for the consumer and provider positions on that Board Selection Committee. 5. Proposed Efland Sewer System: Commissioner Willhoit moved, seconded .by Commissioner Gustaveson, to adopt the Project Ordinance utilizing $201,210 in Federal and State Grants for the Efland Sewer System. Vote: Ayes, 5; noes, 0_ 9. Vacant County Positions: Commissioner Gustaveson moved, seconded by - Commissioner Marshall, to approve the filling of Public Health Nurse I, Sanitation Supervisor and Custodian, as recommended by the Manager. Vote: Ayes, 5; noes, 0. 10. Resolution to sell foreclosed property: Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to adopt the Resolution to sell foreclosed property to the previous owner. (That Resolution is on pages ) of this book.} Vote: Ayes, 5; noes, 0. 13. Fire District: Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the attached petition-requesting a special Fire District, called pamascus Fire District, and to call for the referendum to be held with the Primary in June. Vote: Ayes, 5; noes, 0. 6. Child Support Enforcement Budget: Commissioner Willhoit moved, seconded ,. by Commissioner Gustaveson, to give tentative approval to the Child Support _ . Enforcement Budget. Vote: /{yes, 5; noes, 0. 11. Tax Refunds/Releases Requests: . William D. B1ake,Il--Commissioner Gustaveson moved, seconded by Commissioner Walker, to approve~lthe tax release for $267.14, due to clerical error. Vote: ~ Ayes, 5; noes, 0. ~FJdJ~S f) J ~ ~~~~ George M. Neely and Inex Tuck--Commissioner Willhoit moved, seconded by Commissioner Walker, to approve the tax refund for $7:68.51, due to clerical error. Vote: Aeys, 5; noes, 0. Arrel U. & Kathleen Toews--Commissioner Willhoit moved, seconded by Commis- sinner Gustaveson, to approve the tax refund for $8.98, due to clerical error. '- Vote: Ayes, 5; noes, 0. Loran Francis and Clara Wright--Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the tax refunds for 1981, 1980, and 1979, for $91.33, due to property taxed which they did not own. Vote: Ayes, 5; noes, 0. McBrie, Inc.--(Please see page of this book for the Tax Supervisor's summation) This concerns property purchased in 1981, which the purchaser main- tains that part of the price was for good will. Commissioner Walker moved, seconded by Commissioner Whitted, to approve the . tax refund for $218.25, because of part of the original purchase price being for "good will and a premium for control." Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to table the motion by Commissioner Walker until the Tax Supervisor gets a copy pf the Bi1T -- of Sale from McBrie, Inc. Vote: ayes, 5; noes. 12. Community Development: a. Resolution Establishing Just Compensation--Commissioner Willhoit moved seconded by Commissioner Gustaveson, to approve the Resolution establishing Just Compensation for $10,450.00. Vote: Ayes, 5; noes, 0. b. Housing Rehab Awards: Commissioner Marshall moved, seconded by Commis- sioner Whitted, to award housing rehab contracts to Morrow Construction for $3,600.00 and $12,400.00 for units 138C and 104 and to McDuffie Construction for i $1,904.00, $1,800.00 and $2,630.00 for units 116, 73 and 98, respectively. Vote: ayes, 5;:noes, 0. The Board of 6vmmissioners recessed for lunch and reconvened at 1:3D P.M. -. with all members present. Road Matter: Commissioner Whitted reviewed the process which the Town of Chapel Hill had begun several years earlier in regard to needed road improve- ments in that area of the County. Commissioner Whitted noted that with the new University of North Carolina Athletic Center planned for construction that the 'traffic problems would increase and pOT had done nothing originally. The Board of f~~.~t3 . . i~~~v Commissioners is being asked to reaffirm its support for those road improvements. Commissioner Walker moved, seconded and. amended by Commissioner Willhoit, to write to DDT express~.ng Board concern that the projects had been left off DOT's Seven Year Transportation Plan for Orange County and to encourage DOT to attend to this request; anereased need for these road improvements are to be stressed for DOT. Vote: ayes, 5; noes, 0. f 14. 911 Relocation: Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the selection~~of an engineer, to authorize the Chair to sign the agreement to purchase property and contract for professional services and to approve the budget amendment (see pages 1 ~ ~ of this book for details). Vote: Ayes, 5; noes, 0. 15. Budget amendments: Commissioner Gustaveson moved, seconded'by Commissioner Willhoit, to approve the budget amendments (see page of this book). Vote: ayes, 5; noes, 0. 8. Planning a) Subdivisions 1. Rustic Acres--Mr. Rick Cannity made this presentation to the'Board. The Board expressed concern over the sight distance from the property into the highway. .Commissioner Willhoit moved, seconded 6y Commissioner Marshall, to - refer this subdivision back to the Planning Board with instructions to check 6 ..~ :• means of access to the property than that one planned. Vote: Ayes, 4(Commis- sioners, Gustaveson, Marshall, Whitted and Willhoit); noes, 1 (Commisioner Walker). 2. Deerwood--Mr. Cannity made this presentation to the Board. Commissioner Willhoit moved, seconded 6y Commissioner Gustaveson, to approve the subdivision as recommended by the Planning Board. Vote: ayes, 5; noes, 0. c) Rezoning Requests 1. C1eora Sterling Corporation--This request is for rezoning from Residential-1 to Light Industrial. This site is in the South Orange Fire District but is covered by Town of Carrboro Fire Department. Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the request for rezoning from R-1 to L-I, as recommended by the Planning Board. Vote: Ayes, 5; noes, 0. - i 2. Dean's Truck and Coach, G-M Electric, Phillips General Repair,.Bass Welding, and Auto Catering Service--These requests. are for rezoning i from Residential-1 to Community Commercial-3. The requested changes in the Land Use Plan (Agenda Item 8b) were considered concurrent with the rezoning requests. i Mr. Polatty, Planning Director, made Planning Staff's presentation to the Uud~.'~, :; ~ t= r r Board of Commissioners. Mr. Polatty said this request for rezoning is the most intensive use. Both Planning Board and Staff recommend denying the rezoning and Land Use Amendment requests because: 1) the intensity of activity allowed; 2) inappropriateness of the requests because there are no urban services; and, 3) the subsequent development would alter the characteristics of the neighborhood. Mr. Polatty added that two of the uses were legal while three ofi the businesses were illegal and all could be brought into compliance under the Zoning Ordinance. Those in illegal operatiarT are Dean's Truck and Coach, Bass Welding and Phillips General Repair. Both Mr. Vann, an attorney, .and Mr. Dean, owner/operator of one of the bus- inesses, spoke, asking that they be permitted to remain in business. Mr. Wells, Principal of the Carolina Friends School, said Mr. Dean rendered a valuable service to the school 6y repairing the school buses. Commissioner Walker. moved to approve rezoning for this area to Existing Commercial-3. Motion died far lack of a second. Commissioner Wil7hoit moved, seconded by Commissioner Gustaveson, to accept the Planning Board recommendation to deny the amendment to the Land Use Plan and not to rezone the entire area. Vote: Ayes, 5; noes, 0. The Board asked the Planning Staff to work with those operations now illegal or with illegal characteristics to bring them into conformance with the Zoning Ordinance. Commissioner Gustaveson said for the record that it is no.t the Board's intention to put anyone out of business. Commissioner Gustaveson moved, seconded ~y Commissioner Marshall, to refer Dean's Truck and Gooch and Phillips General Repair to the Planning Staff to reach alternatives which would permit them to con- tinue operations while conforming to the Orange County Zoning Ordinance. Vote: Ayes, 5; noes, 0. E-7. Dr. Pam Mayer: In her monthly report Dr. Mayer outlined the instructional programs by funding source, i.e. local, federal or state. She noted, also, the most expensive pro- gram is the "Trainable Mentally Handicapped." The Board thanked Dr. Mayer for her report. 8. Planning a Addition of Roads (Commissioner Willhoit left the meeting at 3:15 P.M.) Commissioner Whitted moved, seconded by Commissioner Marshall, to approve ~~ ~ ~i ~...~ z iS .~ the addition of Winterberry Drive and Carmine Court to the State Secondary Road System. Vote: Ayes, 3; noes, 0 (Commissioner Gustaveson was out of the room for this vote; Commissioner Willhoit, as noted earlier, had left the meeting). d Water Resources Re ort Amendments The Board delayed the consideration of .a date for a Public Hearing for the __.. amendments to the Zoning Ordinance which would implement the recommendations of the Water Resources Task Farce Report until Commissioner Willhoit could be present. Added Announcement Commissioner Whitted announced that two members of the Planning Staff, Mr. Fred Luce and Ms. Susan Smith, had received an Outstanding Planning Award from the North Carolina Chapter of the American Planning Association for their "General Aviatign.Airport Need and Sites Survey." The Board congratulated Mr. Luce and Ms. Smith on the recognition by their peers. There being no further business tv came before the Board, Chairman Whitted declared the meeting adjourned. Richard E. hitted, Chair Paulette Pridgen-Pond, Clerk