HomeMy WebLinkAboutMinutes - 19820420Ut~J1~
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MINUTES
APRIL 20, 1982
The Orange County Board of Commissioners met in regular Session on
Tuesday, April 20, 1982, at 7:30 P.M. in the Commissioners' Room, Orange
County Courthouse, 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 Whined deleted agenda item E.i (consideration of alternatives
for the Murphy School area) at the request of Mr. Art Vann and added consider-
ation of Damascus Church Fire District as Item E.10. Commissioner Willhoit
added an item on the "so-called shortfall for the Chapel Hi11-Carrboro School
District and an item on a request to the State for allocation from the Jordan
Reservoir.
B- AUDIENCE COMMENTS
There were no members of the audience who desired to speak to matters
on the printed agenda; however, Ms. Josephine Barbour addressed three items
not on the printed agenda: 1.) a request that work sessions on the budget
be advertised; 2) that a bulletin board be erected outside the Courthouse to .post
the agenda; and, 3) that the budget figures for individual categories be
advertised for categories other than general fund.
C- MINUTES
Commissioner Willhoit moved, seconded by Commissioner Marshall, to
approve the Minutes of February 1, 1982, as submitted. Vote: Ayes, 5; noes, 0.
Commissioner Marshall moved, seconded by Commissioner Gustaveson, to
approve the Minutes of April 1, 19$2, as submitted. Vpte: Ayes, 5; noes, O..
(Commissioner Willhoit later corrected the spelling of a name.)
0• PUBLIC HEARING
Chairman Whitted announced that this was the continuation of the Public
Hearing of March 8, 1982, and March 22, 1982, to receive the Planning Board's
recommendation on the requests from Buck Mountain Development Company ta:
1) Amend the Land Use Plan; 2) Rezone to PD-OI for the Airpark; 3)
Class A Special Use Permit for the Airpark; and, 4) Class A Special Use Permit
for the Airport.
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Pat Crawford, Chair of the Orange County Planning Board, presented..
that Board's recommendation on the Class A Special Use Permit Requests for
the Airport and Airpark to the Board of Commissioners. Ms. Crawford said
the recommendation of the Planning Board with regard to the.Class A Special -.
Use Permit request for the Airpark is denial because it followed from that
Board's recommendation of denial for the rezoning to:PD-Ol for the Airpark and
was based on the following reasons:
1. The type of development and intensity of development are inappro-
priate in this location.
2. Access to the side should not pass across the end of the proposed
runway. There should be more than one access point for the whole development.
3. There is no buffer from the intense development on this site and
adjacent agricultural residential land.
4. A development of this size if approved will encourage other "spin-
off" development requests. The intensity proposed is of an urban character
but without any urban services.
Ms. Crawford continued with the Planning Board's recommendation far
denial for the Class A Special Use Permit for the Airport based on the follow-
ing reasons:
1. The physical relationship of this property to ground transportation
facilities.
2. The relationship of this particular property to the remainder.of the
County makes it an unacceptable site.
Ms. Crawford read the motion from the rough draft of the Planning Board Minutes
of that Board's meeting of .April 6, 1982, which says that Article 8:$.2.c
of the Zoning Ordinance was not satisfied with regard to the general standards
in that Article as spelled out in reasons'(1) and (2) for denial above. She
asked that the Board of Commissioners' make that finding part of arty decision
on the Glass A Special Use Permit for the Airport which it may make. Ms. -
Crawford, far."clarity and completeness," presented the Planning Board's recom-
mendation for denial of the requested change to the Land Use Plan by Buck
Mountain Development Company. (Those reasons for denial, as indeed, all Planning
Department attachments, are attached to these Minutes on pages of
this book.) Ms: Crawford submitted the rough draft of the Planning Board
Minutes of .April 6, 1982, as part of the record of this Public Hearing (those
minutes are attached on pages of this book).
With no questions for Ms. Crawford from Board of. Commissioners members,
Chairman Whitted declared the Public Hearing adjourned.
Commissioner Willhoit moved approval of the Planning Board's recommendation
to deny amendment of the Land Use Plan from Agricultural-Residential to Commercial-
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Transition Activity Node as requested by Buck Mountain Development Company
for property north of Highway 54 near the intersection of SR 1958; Commissioner
Marshall seconded the motion.
Prior to the vote, Commissioner Marshall made a brief statement regarding
amendments to the Land Use Plan, specifying what conditions ar changes would
indicate that the Land Use Plan should be amended. She feels that the Land Use
Plan is "a comprehensiv.~ consensus agreement between=residents"'of an~area
and the governing body.
Vote: Ayes, 5; noes, 0.
The Board of Commissioners took a short break and resumed deliberations
with all members present.
Commissioner Marshall moved, seconded by Commissioner Gustaveson, to
approve the Planning Board's recommendation of denial for the Buck Mountain
Development'Company.'s request for rezoning from Agricultural-Residential to
Planned Development-Office-Institutional. Vote: Ayes, 5 noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to
approve the Planning Board's recommendation to deny the request by Buck Mountain
Development Company fora Crass A Special Use Permit for the Airpark. Vote:
Ayes, 5; noes, 0.
The Board discussed at length the. Class A Special Use Permit request .
from Buck Mountain Development Company for the Airport. There were questions
from the Board as to whether or not the proposed airport met the FAA require-
ments for a general aviation airport or the requirements set forth for such
airports under the Orange County Zoning Ordinance. Mr. Fred Hazard, of Buck
Mountain Development Company, told the Board his company would meet all FAA
standards for a general aviation airport and that he has a letter from Mr.
Bruce Matthews stating that the proposed airport does meet those FAA standards.
The County Attorney told the Board it could not consider any evidence not pre-
sented at the public hearing.
The Board noted its continued concern regarding the financial stability
of the airport without the airpark. Planning Staff said the airport, as
presented at the Public Hearing on March 8, 19$2, does not meet the FAA
standards fora public facility airport. Chairman Whitted said the plan,
as submitted at the Public Hearing on March 8, 1982, does not meet the stand-
ards of the Zoning Ordinance; Mr. Palatty, Planning Director, agreed.
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Commissioner Marshall moved, seconded by Commissioner Gustaveson', to
deny the ~:~ass A Special Use Permit request for the Midway Airport by Buck
Mountain Developme~~t Company because financial viability of the airport with-
out the airpark has not been established and that under Article 8.2.2.a of the
Orange County Zoning Ordinance the project will not promote the health, safety
and general welfare of the public but that the Board would look favorably
upon a modified proposal which addresses these issues along with the FAA
requirements for a general aviation airport. Commissioner Willhoit•asked
if Commissioner Marshall would amend her motion to include Article 8.8.$.
2. a.b.c. and f.of the Zoning Ordinance has not been met by a preponderance '
of evidence as presented at the Public Hearing. Both Commissioner Marshall
and Commissioner Gustaveson accepted the amendment to the original. motion to
deny.
Vote: ayes, 4 (Commissioners Gustaveson, Marshall, Whitted and Willhoit);
noes, 1 (Gommissioner Walker).
The Board took a short break and resumed deliberations with all •
members present.
E,2, ppP-OAK HILL
Commissioner Walker moved, seconded by Commissioner Marshall, the
approval of the Oak Hi11.Road petition requesting paving under the Partici-
patory Paving Program. Vote: Ayes, 5; noes, 0.
Commissioner Walker moved, seconded by Commissioner Marshall, to
set the public hearing for the Assessment Resolution for the Oak Hill Road
Participatory Paving Project..for May 18, 1982. Vote: Ayes, 5; noes, 0.
E,3, WATER RE50URCES TA5K FORCE REACTIVATION
Commissioner Gustaveson moved, seconded 6y Commissioner Marshall,
to reactivate the Water Resources Task Force. Discussion clarified the
charge given to the Task Force as: 1) defining types of development per-
mitted in the watersheds in unzoned townships; 2) possible divertion of
runoff water north of I-85 to the Eno River below the proposed Seven Mile -•
Dam; and, 3) types of industry permitted in the Seven Mile Creek watershed.
Vote: Ayes, 5; noes, 0.
E,4, FARMLAND CRITERIA DEVELOPMENT
Cortunissioner Willhoit moved, seconded by Commissioner Gustaveson,
to send a copy of New Hanover County Corranissioner Karen Gottovi's. letter to
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our State Senators and Representatives with a letter from the Board indicating
support of Commissioner Gottovi's letter. (A copy of that letter is on page
of this book.) A copy of the Agricultural Task Force Report is to be
included. Vote: Ayes, 5; noes, 0.
E.5. SENIOR CENTER WEEK PROCLAMATION
Commissioner Walker moved, seconded by Commissioner Marshall, to
proclaim May 8-14 Senior Center Week in Orange County (a copy of that Pro-
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clamation is on page of this book). Vote: Ayes, 5; noes, 0.
E.S. MAY OLDER AMERICANS MONTH
Commissioner Walker moved, seconddd~by Commissioner Gustaveson,. to
proclaim the month of May Older Americans Month in .Orange County•(a copy of
that Proclamation is on page of this bao.k). Vote: Ayes, 5; noes, D.
E. 7. NORTHSIDE CAFETERIA CONTRACT
Commissioner Gustaveson moved, seconded by Commissivner.Marshall, to
approve the contract with James Webb, AIA, for architectural services on the
renovation of the Northside Cafeteria Building and to authorize the Chair to
sign. Vote:, Ayes, 5; noes, 0.
E.8. 1983 PRESERVATION FUNDING
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to
ask Staff to check into the possibility of obtaining 1963 Preservation Funding
from the State for the preservation of the Old Courthouse, noting it is the
site of the first State Capitol: Vate: Ayes, 5; noes, 0.
E. 9. HDUSING REHAB CONTRACTS
Commissioner Walker moved, seconded by Commissioner Gustaveson, to
award Community Development Housing Rehabilitation contracts to:
Morrow Construction--Unit # 99 for $2,215.00
McDuffie Construction-Unit # 68 far $5,365.00
Frank Griffin--Unit # 81 for $5,935.00
McDuffie Construction--Unit # 142 for $8,860.00.
McDuffie Construction--Unit # 79 for $8,085.00
Vote: Ayes, 5; noes, 0.
E.10. DAMASCUS FIRE DISTRTCT
Commissioner Willhoit moved, seconded by Commissioner Marshall, to
adopt the Resolution calling fora referendum on the proposed Damascus Fire
District and setting a date for the referendum (see pages of this book).
Vote: ayes, 5; noes, 0.'
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Commissioner Willhoit moved, seconded by Commissioner Walker, to
appointment three interim trustees for the proposed Damascus Fire District
in order that work might proceed on a proposed budget pending the outcome
of the referendum; the trustees. proposed are: Marvin Poythress, Wade Davis, __.
and Pascal Trahanis. Vote: Ayes, 5; noes ,0.
E.11. CHAPEL HILL-CARRBORO SCHOOLS' SHORTFALL
Commissioner Willhoit moved, seconded by Commissioner.Walker, that this
Board write a letter to the Chapel Hill-Carrboro Superintendent of Schools and .
to the Chair of the Chapel Hill-Carrboro Board of Education which explains
the County's understanding of the situation with regard to the shortfall.
Commissioner Willhoit enumerated his understanding of.the shortfall:
1-'a 6% error was made in estimating the re-evaluated tax`base of
the Chapel Hill-Carrboro School District;
2--the error was discovered by the new County Manager; .
3--the School Administration had not discovered the shortfall in
revenue, therefore, its ability to meet budget obligations was
not impaired;
4--the revenue shortfall should not have to be made up from the
school contigency fund since there was sufficient underspending
in various object codes and there were additional revenues;
5--the school budget does not have to be cut since the shortfall is
an appropriate use of the unappropriated fund balance;
6--the unappropriated fund balance was estimated at $350,p00 prior ___
to this Fiscal Year while latest estimates indicate an unappro-
priated fund balance of $600,ODD;
7--the revenue shortfall is projected to be about $72,000 which
should be partially offset by about $56,000 budgeted for salary
increases effective October 1, 1981, which were not implemented until
January 1, 1982;
8--the unappropriated fund balance, contrary to statements indicating
otherwise, is very close to a month's payroll for the schools based _
on 43% coming monthly from local sources and about 46% monthly from
the State direct to the chools;
9--the schools had estimated $100,000 investment income and if so,
based on a return of about 15% it means their invested funds amount
to about two thirds of a million dollars;
10--and according to an article in the Chapel Hill Newspaper .on March
2, 1982, there was a windfall of about $122,000 in unexpected revenues
for that school district ($6D,000 above the $100,000 expected an the
interest on the fund balance; $10,000 in payments in lieu of taxes;
$45,000 in indirect cost recovery from the Federal Government; and,
income on rental of property $7,200). 4
Commissioner Willhoit said, pending validation of the figures cited, this .
revenue shortfall will not cause the School Board to default on obligations
and teachers and programs will not have to be cut.
Vote: Ayes, 5; noes, 0.
E. 11. JORDAN RESERVOIR ALLOCATION
Commissioner Willhoit. said the deadline for making allocation requests
from the Jordan Reservoir is June 29, 1982, and he suggested that staff con-
tact water providers/users in the County to ascertain the feasibility of the
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County submitting a unified request fora.l1ocation. Commissioner Willhoit
noted that it was in the best interests of everyone to provide water for
the entire County. There was consensus of the Board and Staff was instructed
to set up meeting for early May with water providers/users to discuss pre-
senting a unified allocation request from Orange County far Jordan Reservoir.
E. 9. EXECUTIVE SE55ION
Commissioner Marshall moved to convene in executive session to discuss
legal matters; Commissioner Whitted seconded. the motion. Vote: Ayes, 5;
noes, 0.
The Board reconvened in open session follpwing the executive session;
Commissioner Whitted said the executive session had been to discuss the
lawsuit brought by the Town of Hillsborough against the County aver the Old
Courthouse.
Commissioner Willhoit moved, seconded by Commissioner Gustdveson, to
ask the Chair of the Board of Commissioners to contact the Mayor and Board
of Commissioners of Hillsborough to request a meeting to seek a resolution
of the differences and such a meeting could be 3:30 P.M, on May 3rd.
Vote:Ayes, 5; noes, 0. _
Commissioner Whitted announced there would be a clean up campaign
beginning at the Cedar Grove Ruritan Club on Saturday, April 24th, between
9:00-9:30 A.M.
There being no further business, th Board adjourn by nsensus.
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Paulette Pridgen-Pond, Clerk