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HomeMy WebLinkAboutMinutes - 19820503torso MINUTES MAY 3, 1982 The Orange County Board of Commissioners met in regular session on Monday, May 3, 1982, at 10:00 A.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 Oon Willhoit. A. BOARD COMMENTS Commissioner Whitted announced that the joint meeting with the Mayor and Board of Commissioners of the Town of Hillsborough would be a.t 4:00 P.M. rather than 3:30 P.M. Commissioner Wi11hoit.added discussion of the Damascus Fire District referendum; Commissioner Walker added discussion of the spot- lighting of deer. B. AUDIENCE COMMENTS There were no audience comments about topics on the printed agenda or not on the printed agenda. C. MINUTES Commissioner Wil1hoit moved to approve as submitted the Minutes of April 26, 1982; Commissioner Gustaveson seconded the motion. Vote: Ayes, 5; noes, 0. D. D.R. SIMMONS' REPORT Dr. Mike Simmons, Superintendent of the Orange County Schools, pre- sented a report on capital funding for the schools. Part of the presentation was a slide show of schools state-wide, their dates of construction, per- tentage still in use and cost of renovation. Dr. Simmons reviewed sources of funding for schools' capital projects, including a proposed local option .O1 sales tax. The Board thanked Dr. Simmons for his presentation. E. 6. SUBDIVISIONS The Board moved the discussion on Planning Department items in order to accommodate some citizens who had arrived early. a. Rustic Acres: Mr. Polatty reviewed this subdivision with the Board saying the Board had referred it back to the Planning Board with oo~s~ instructions that the sight distance be checked. Mr. Polatty said the sight distance was 243' with a stopping distance of 265' an SR 1710. With this additional information, Commissioner Gustaveson moved to approve the Planning Board's recom- mendation of approval for the preliminary plat of Rustic Acres Subdivision; Com- missioner Walker seconded the motion. Vote: Ayes, 5; noes, 0. b. John McCormick Property: Mr. Polatty described the subdivision to the Board adding that this request included a request for a variance from the right-af-way requirements. Both Planning Staff and Planning Board recommend denial based on the condition of the road, width of the right-of-way on the road and the total number of lots on the existing road. Mr. McCormick told the Board the develop- ment had obtained the 20' right-of-way easement from the property owner under threat of condemnation and further easement was not likely to be forthcoming from this owner. The County Attorney told the Board it lacked the authority to grant less than a 30' foot easement. Commissioner Marshall moved to deny the minor subdivision request of John McCormick on the grounds that the Board lacked "the authority to do anything else." Chariman Whitted said--the motion died for lack.of a second whereupon Commissioner Willhoit said he would second _,. Commissioner Marshall's motion if she would accept an amendment to state the reasons for denial include those listed by the Planning Board and Staff (see this paragraph for those reasons). Commissioner Marshall accepted amendment to her motion. Vote: ayes, 4 (Commissioners Gustaveson, Marshall, Willhoit and Whitted); noes, 1 (Commissioner Walker). c. Preliminary Plat Fred E. Roberts Property: Mr. Polatty described this property for the Board. Gommissioner Walker moved, seconded by Corr~iiissioner Gustaveson, to approve the Preliminary Plat of the Fred E. Roberts property with the condition stipulated by the Planning Board (that is, a drainage easement on the stream and the .width of the easement to be determined by the Erosion Control Officer). Vote: ayes, 5; noes, 0. -- E'9• Zonin Alternatives in Mur h School Area Discussion of this item was moved up in order to accommodate Mr. Art Vann who had commitments for the time it was previously scheduled. The Board allowed Staff to make its presentation and those who were present were allowed to address the Board, however, a decision was delayed until the afternoon session i to permit others who wished to be present an opportunity to be heard. (For the sake of clarity and conciseness all discussion which occurred on this item y~~ today is included here.) Mr: Polatty told the Board that all five home occupations presently existing i~ this area could be brought into conformance with the stand- ards as outlined in the Zoning Ordinance Article 6.16.1, 6.16.2, and 6.16.3 and he recommended that they be brought into compliance with the Toning Ordinance as it - is. Mr. Polatty specifically said Dean's Truck and Coach could comply under the section of the Ordinance regulating Home Occupations on lots over 200,000 5q .feet. by doing four things: 1) agree to reduce the floor area used far the Home Occupa- tion; 2) screen the outside storage of the buses; 3) screen the building; and, 4) increase the lot size (which Mr. Dean•has already done). Mr. Polatty elaborated that Mr. Dean, in order to reduce the amount of floor space, would have to divide his building; he understands that Mr. Dean is presently using about one half this building for storage. Mr. Vann, Mr. Dean's attorney, said his client- wished to comply with the Zoning Ordinance; they can live with the Home Occupa- tion as outlined in the Ordinance. Ms. Nancy Laszlo, a property owner who lives in the area, said there were 40- 50 property owners who objected to further commercial development in the neigh- barhoad. Commissioner Walker moved to approve the Planning Staff's recommendation, that is, no Special Use Permit be created for home occupations and further, that the. uses now there conform to the existing zoning ordinance requirements for home occupations; additonally, Dean's Truck and Coach, Phillip's Garage and Bass Welding should provide a scaled site plan that .shows the lot •boundaries, all existing structures, storage areas, screening (existing and proposed), set- backs, signs (including size) and floor areas. Commissioner Gustaveson seconded the motion. .Vote: Ayes, 5; noes, 0. The Board adjourned for lunch and reassembled at 1:30 P.M. with all members present. ` E.2. May 23-29 Public Works Week Commissioner Walker moved, seconded by Commissioner Gustaveson, to proclaim May 23-29, 1982, Public Works Week in Drange County. (That Proclamation is on page of this book.) Vote: Ayes, 5; noes, 0. E.3. May 16-23 5oil,Stewardship Week Commissioner Marshall moved, seconded by Commissioner Gustaveson, to proclaim May 16-23, 1982, Soil Stewardship Week in Orange County. (A copy of that Proclama- tion is on page of this book.) Vote: ..ayes, 5; noes, 0. . ~ . ~~y~63 E.4. Appointments . Energy Commission: Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to appoint_Mr. Robert Giddings Carrbaro's representative on this Commission. Vote: Ayes, 5; noes, 0. The Board deferred action on the following: Commission on Women, Hillsborough Planning Board, Orange County Planning Board, Southern Triangle Fire District Board of Trustees. Recreation Coundil: Commissioner Walker moved, seconded by Commissioner Gustaveson, to appoint Barry Thomas Torain the Cheeks Township representative to this Council. Vote: Ayes, 5; noes, 0. Industrial Facilities and Pollution Control Financing Authority: Commissioner Gustaveson moved, seconded by Commissioner Marshall, to reappoint Dr. Ed Bergman ~ and Mr. Sandy McClamroch to terms on this Authority. Vote: Ayes, 5; noes, 0. Carrboro Board of Adjustment: Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to appoint Mr. Bruce Browning and Ms. Margaret Brown to terms an this board expiring in April Of 1988 and 1984, respectively, Uote: ayes, 5; noes, 0. Senior Citizens Board: Commissioner Willhoit moved,seconded by Commissioner Gustaveson, to appoint Mr. Robert Sawyer to this Board to fill the unexpired term of Gloria Williams. Vote: Ayes, 5; noes, 0. Capital Health Systems Agency: Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to .submit Mr. Richard Schramm and Ms. Erma Jones to the Capital Health System Agency Board Selection Committee for consideration. Vote: Ayes, 5; noes, 0. E.4. Budget Amendments Commissioner Gustaveson moved, seconded by Commissioner Marshall to approve the budget amendments (see page of this book). Vote: Ayes, 5; noes, 0. E.5. Vacant Count Positions Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to approve. the Manager's recommendation to unfreeze the following positions: Secretary IU (Planning Department), Truck Driver, Custodian, Maintenance Mechanic II (All in Public Works Department), and Social Worker II (Department of Social Services). Vote: Ayes, 5; noes, 0. E• ~• Oak Hill Preliminar Assessment Resolution Commissioner Willhoit moved, seconded by Cammissoner Gustaveson, to adopt the i I 1~~6~ Preliminary Assessment Resolution for. the Oak Hill Road Participatory Paving Project and to schedule the public hearing on the Preliminary Assessment Resol- ution for May 18, 1982, at 7:30 P.M. Vote: .Ayes, 5; noes, 0. E.B. Report and Recommendations on Economic Development ~ ~ ~' -.-' Dr. Ed Bergman and his class,~bf graduate. students in Planning at the University ..._. of North Carolina at Chapel Hill presented the final report and recommendations for economic development of Orange County to the Board of .Commissioners. (That report is on file in the office of the Clerk to the Board.) One of the recom- mendations made by Dr. Bergman's class is the establishment of an Office of Economic Development 6y the County which would best serve the needs of all County. residents. Such an office, as seen by the Class, would have five functions: 1) Planning; 2) Implementation; 3) Assistance; 4) Liaison; and, 5) Coordination. Another recommendation made by Dr. Bergman's class is the creation by the Board of Commissioners of an Economic Development. Advisory body which would monitor the Office of Economic Development. Discussion among the Board members and the members of the Orange County Industrial Facilities and Pollution Control Financing Authority followed the presentation. Dr. Bergman, Chair of the Authority, said the Industrial Authority feels that it shouldn't be the arm of the County to pursue and seek. out industry, it needs staff leadership and support which would come from a special Office of Economic Development. Mr. Grainger Barrett, a member of the Authority and an attorney, said by definition the Authority only approves narrow financial transactions; that wider planning for economic development• should come from other bodies. Chairman Whitted said this Board was: on the record as wanting industry to locate in Orange County. The Board thanked Dr. Bergman and his class far a fine presentation. The Board took a short break and resumed deliberations with all members present. E.13 Release of Interest Request Ms. Grace Wagoner, of the University of North Carolina Property Office, was present for this discussian.as was Mr. John Horner, Tax Collector.for the County. Commissioner Gustaveson moved, seconded by Commissioner Whitted, to approve the Tax Collector's recommendation to deny release of interest for .the University of North Carolina on tract # 710242, Phi Sigma Kappa Fraternity. ~o~ss r;, Ms. Wagoner told the Board that the University had initiated the action to pay the taxes; however, she said, there was no account set up and no funds to pay the taxes. To establish the account and fund it took time she said, during which the interest began to accrue. Commissioner Whitted withdrew his second. Mr. Horner said the University had paid the amount it thought was due on the property, that is, the back taxes but no interest. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to table this request until the Board could consult with the County Attorney. Vote: Ayes, 5; noes, 0. / Clerk's Note: Further discussion of this subject occurred later in the meeting, however, for conciseness and clarity, all discussion is included here.) The County Attorney told the Board it could go into executive session over this question because of the client/attorney privilege. Commissioner Gustaveson moved, seconded by Commissioner Willhoit to ga into executive session to discuss property matters. Vote: Ayes, 5; noes, 0. Following the executive session, Commissioner Whitted moved, seconded by Commissioner Willhoit, to approve the release of interest request by the University of North Carolina on the property on Tax Map 66, Lot 5, Tract # 710242. Vote: Ayes, 5; noes, 0. . E. 10 Cane Creek Environmental Im act Statement- , . , .. , ,.,- ---,.,, P_,,, ~„ _ , Commissioner Willhoit noted some areas .in the draft. of the environmental impact statement prepared by the Division of Environmental Management on the Cane Creek Reservoir which he felt should be further addressed by Staff. The Board is to discuss this subject on May 19th. E. 14. Added_ Item--R_eso_lution on Spotlighting of Deer ^"~ Commissioner Walker moved, seconded by Commissioner Gustaveson, to adopt the Resolution calling for the Wildlife Commission to hold a public hearing in Orange County on the spotlighting of deer. Vote: Ayes, 5; noes, 0. (That Resolution is on page of this book. . E. 15 Added Item--Damascus Fire District Commissioner Willhoit noted that the Statutes call for the County to set the tax rates on or before July 1st of each year and said the vote on the referendum wou1dn't be certified until July 1st whereas the budget for the County was set for adoption an June 22nd. Commissioner Willhoit moved, seconded by Commissioner . -u ass ,,,., . u~, ~ ~; ~.~ .-r l r ".1 Walker, to seta noon meeting on Ouly 1, 1982, for the purpose of setting the pamascus Fire District Tax rate assuming the referendum passes. Vote: Ayes, 5; noes, 0. x.12 Auction of Sur lus Count Pro pert Mr. Mark Rees, Purchasing Officer for the County, reviewed the fixed asset - system for the Board. Commissioner.Wil1hoit moved, seconded by Commissioner Marshall, to declare the items surplus as listed on the printout attached, to adopt the Resolution, and to give .the. Purchasing Officer.the.authority to negotiate sales of this inventory with other agencies prior to the auction, excluding vehicles. Vote: Ayes, 5; noes, 0. E.. 11. Meeting with,Town of Hillsborough Commissioners Hillsborough Commissioners present: Mayor Lucius Cheshire, Jr., and Com- missioners Lynwood Brown, fir., Allen. Lloyd, Paul Martin, and Rachel Stevens. All Orange County Commissioners were present as noted at the beginning of the meeting this date. Chairman Whitted briefly reviewed the background an the Old Courthouse, saying that the Town of Hillsborough had filed suit last October contesting the County`s - ownership of the Old Courthouse. This meeting is to attempt resolution of those differences. Chairman Whitted added that the Town and County Commissioners had a common concern--the historical integrity of the Old Courthouse. Mayor Cheshire listed the Town's concerns: 1) future Boards of County Coriimissioners may not share the present Board's concerns regarding the Old Courthouse, therefore the .restrictions are requested; 2) the interior of the building is worth preservation as well as the exterior; 3) if conversion of the interior occurs, architectural detailing will be destroyed for short-term utilization of the building; 4) possible structural damage may occur during any renovation. Mayor Cheshire confirmed that the major point of concern is over the interior of the building with the stipulation that any interior changes be of a restorative nature rather than renovation. • .Chairman Whitted said this Board of County Commissioners could not limit the authority of future Boards; that this building is too expensive to maintain without deriving some use from it. Mayor Cheshire said the Town does not..:care who owns the 6uiTding as long as it is preserved. ~DOy6 7 Commissioner Willhoit said the County Board had thought that the North Garolina Department of Gultural Resources would be the proper agency to advise the County on renovations to historical buildings. The Town suggested perhaps the North Carolina Department of Archives; the County Attorney said he did not know if this agency would give its "advice and consent" to plans submitted to them. Town Commissioner Stevens said the Town Board is opposed to the third floor of the building being used as a courtroom. Mayor Cheshire agreed, saying the desire was unanimous to see the Museum stay on the third floor; but .there were really two issues: 1) Museum to remain in its present location; and, 2) the building be preserved. .Chairman Whitted reiterated that the building must have some function; it cannot be maintained as a museum piece. Mayor Cheshire suggested the County. list the interior restrictions it could accept and submit these to the Town of,Hilisborough Commissioners. Chairman Whitted said .(and there was a consensus on~the Board) that it would not be fair to future Boards of Gommissioners to have to maintain the building under extreme restrictions. This Board prefers to have a process for review rather than.a list of restrictions for future Boards to follow: Mayor Cheshire suggested a thirty day moratorium an the lawsuit to pursue resolution between the Boards. Chairman Whitted said a rewrite of Section TV of the proposed contract to address the concerns of the Town Commissioners on the appropriate review agency for building renovations would be done during the moratorium. Mr. Roscoe Strickland, President of the Hillsborough His•iorical Society, said he appreciated the County Commissioners' concerns regarding the pid Court- house and .that one set of architectural drawings for the interior of the building were "tastefully done." He added that he was speaking for himself and not for the Society when he suggested that perhaps the museum could occupy a ground floor in the building. Chairman Whitted thanked the Mayor and Gomnissianers of Hillsborough for coming to the meeting. Commissioner Walker moved to adjourn the meeting; Commissioner Ma hall seconded tree motion. Vote: Ayes, 5; noes, r i ed, Chair Paulette Pridgen-Pond, Clerk