HomeMy WebLinkAboutMinutes - 19820706 Psi
MINUTES
JULY 6, 1982
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The Orange County Board of Commissioners met in regular session on Tuesday
July 6, 1982, at 10:00 A.M. in the Commissioners' Room, Orange County Courthouse,
Hillsborough, North Carolina.
Commissioners present: Norman Gustaveson, Vice-Chair, and .Commissioners
Shirley E. Marshall, Norman Walker and Don-Willhoit.
Commissioners absent: Chairman Richard E. Whitted.
Vice-Chairman Gustaveson presided in the absence of Chairman Whitted.
A. BOARD COMMENTS
Vice-Chairman Gustaveson added two items: Clean Water Bond Grant Application
and Food Stamps Contract.
B. AUDIENCE COMMENTS
There were none.
C. MINUTES
Commissioner Willhoit moved, seconded by Commissioner Marshall, approval of
the Minutes of May 3, 1982, as submitted. Vote: Ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Marshall, the approval
of the Minutes of June 15, 1982, as submitted. Vote: Ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to approve
the Minutes of June 17, 1982, as corrected. Vote: Ayes, 4; noes, 0.
Commissioner Marshall moved, seconded by Commissioner Willhoit, to approve
the Minutes of June 21, 1982, as submitted. Vote: Ayes, 4; noes, O.
D. REPORT--COMMISSION ON WOMEN
Ms. Verla Insko, Coordinator of the Commission on Women, introduced Ms.
Dana Baldwin, Vice-Chair of the Commission, to the Board members. Ms.. BaTdwid.
told the Board the Commission was focusing on leadership training and interagency
coordination and moving into research, addressing needs and making recommendations .
to agencys. Ms. Insko said she welcomed direction from the Board. Board members.
stressed continuity in membership on the Commission, and surveying the needs of
all women, not just those in one age group.
Ms. Mary Copeland, a County citizen, accused the Commission- on Women as pro-'
moting lesbianism and homosexuality and criticized the telephone bill for
one month,in the Commission office. She said the Commission was lobbying for
! for passage of a State Bill (# 159). She feels that the "status of�women". is
not necessary.
Some Board members responded that Ms. Copeland was probably confusing the
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County Commission on Women with the State's Council on the Status of Women.
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E. ITEMS FOR BOARD DECISION
1. Appointment of Tax Collector: Commissioner Willhoit moved, seconded by
Commissioner Marshall, to appoint Mr. John Horner Orange County Tax Collector for
a two year term. Vote: /yes, 4; noes, 0.
2. NCACC Voting Delegate: Commissioner Walker moved to nominate, and
with no other nominations, to appoint Commissioner Gustaveson as this Board's
voting delegate to the Annual NCACC Conference in August; Commissioner Marshall
seconded. Vote: Ayes, 4; noes, 0.
3. NCACC Resolutions: Board members suggested topics for Resolutions to
be submitted by this Board for consideration'at the Annual NCACC Conference to .
be held in August. There was a consensus to submit resolutions which addressed
the following topics: That the State consider the impact on local government
when it provides salary bonuses to State employees since most counties follow
the State pay plan; that the tax structure be revised; and, the effects of the
Federal budget cuts on County programs.
4. Child Support Enforcement Lease Agreement: Commissioner Walker moved,
seconded by Commissioner Marshall, to authorize the Manager to renew the existing
lease for Child Support Enforcement on the same terms and rent on a month to month
basis. Vote: Ayes, 4; noes, 0.
5. Old Chapel Hill Police Building Lease: Commissioner Marshall moved,
seconded by Commissioner Walker, to authorize the Manager to enter into a lease
with the Town of Chapel Hill for 2,900 sq. ft. at the Old Police Building for
a three year period. Vote: Ayes, 4; noes, 0.
6. Suplus Property Disposal: Commissioner Marshall moved, seconded by
Commissioner Walker, to declare two items of County property surplus: a) fencing
behind the Human Services Complex; and b) Dextrometer 0 01700. Vote: /{yes, 4;
noes, 0.
7. Legal Services for Department of Social Services: Commissioner Willhoit
moved, seconded by Commissioner Marshall, to approve the contract for legal services
with Northen, Little and Bagwell, as recommended by the Manager_ Vote: Ayes, 4;
noes, 0.
8. Jail Facility--Change Order: Commissioner Willhoit moved, seconded
by Commissioner Marshall to approve the Change order (#1) for the Jail Facility
in the amount of $1,866. Vote: Ayes, 4; noes, 0. 1441 er q.g�
9. Housing Rehab Awards: Commissioner Marshall moved, seconded by Commis-
sioner Gustaveson, to award' a rehab, contract to Taylor Home Improvements ('unit #
for $8,726.00, as recommended by the Manager. Vote:
Ayes, 4; noes, 0. (Complete ,
bid results are on page/D/-/00f this book.)
10. Resolution Authorizing Filing of CDBG Application: Commissioner Walker
moved, seconded by Commissioner Willhoit, to adopt the Resolution,authorizing .
the filing of the CDBG application (See page/oJLV0d'of this book). Vote: Ayes,
4; noes, 0.
11. Resolution Establishing Just Compensation: Commissioner Willhoit moved,
seconded by Commissioner Marshall, to adapt the Resolution establishing just
compensation for parcel # 56 in the Northern Fairview Community. Vote: ..Ayes,
4; noes, 0. (See pagVe*-/o9of this book.)
12. Right of Way Acquisition: (property owned by J.W. Garrard, formerly
Solon Turner property) Mr. Cyrus Hogue,' attorney performing rights-of-way
acquisition closings for the Community Development project, told the Board he
was unable to certify title to this 11,430 sq. feet piece of property; the title
is uncertifiable probably because the original deed (Mr. Turner's) was never
recorded. Commissioner Walker moved, seconded-by Commissioner Marshall to
acquire this tract right-of-way by warranty deed purchase, as recommended by the
Manager.. Vote: Ayes, 4; noes, 0.
13. Tax Sheltering of member contributions to .Retirement System: Commis-
sioner Walker moved, seconded by Commissioner Gustaveson to adopt the Resolution
authorizing a tax shelter of .employees' contributions payable as members of the
NC Local Governmental Employee's Retirement System, as recommended by the Manager.'
Vote: .Ayes, 4; noes, 0.
The Board took a five minute ..break and resumed deliberations with all
members present as noted at the beginning of the meeting.
14. James Bennett Property: Mr. Cannity, Planning Staff, made the presentation
for the Planning Department. He told the Board that the original plat; approved
several years ago, was in error due to surveying errors; Commissioner Willhoit-
said he had serious problems approving subdivisions which lay within the Town
of Hillsborough. Debate'centered around maintenance of the road (Daphine Drive);
the County Attorney suggested ways to solve the maintenance problem of the road.
Commissioner Walker moved..to approve the Planning Board's recommendation to
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approve the subdivision as redrawn and with the stipulation that the road meet
County minimum road stands. Motion died for lack of a second.
Commissioner Willhoit moved, seconded by Commissioner, Marshall, to approve
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the Preliminary Plan for the James Bennett Property, with the stipulation that
a satisfactory maintenance agreement for the upkeep of the road be signed by
the Town of Hillsborough' Vote: Ayes, 4; noes, 0.
14.b. Sedgefield Subdivision Preliminary Plat Revision:- Commissioner Walker
moved, seconded by Commissioner Marshall, to approve the Planning Board's recom-
mendation to approve the revised preliminary plat for Sedgefield Subdivision,
Sections 4 and 7 with the stipulation that the Recreation area, which has not
been approved by the Health Department, be either combined or listed properly on
the final plat. Vote: Ayes,. 4; noes; 0.
14.c. Tommy Merritt Rezoning Request: Commissioner Walker moved, seconded
by Commissioner Marshall, to approve-the rezoning request from Residential-1 to
Neighborhood Commercial-II at the interection of of US 70 and St. Mary's Road.
_ Vote: Ayes, 4; noes, .0.
14.d. Paul Kempa Rezoning Request: (Intersection of US 70 and Palmer's
Grove Road) Mr. Cannity noted the Planning Staff had reservations regarding the
safety of this intersection. Mr. Michael Parker, Attorney for Mr. Kempa, said
there had been no fatal accidents in the past three years at that intersection and
within that time frame there had been only one serious accident there. He added
that, next to the intersection of US 70'with Lawrence Road, it was the second
safest interection along that stretch of 70. He said there was no use for the
site if it were not rezoned commercial since the site wouldn't perk.
Commissioner Walker moved to approve the Planning Board's recommendation
that the rezoning request be approved. Motion died for lack of a second.
Commissioners Willhoit and Marshall voiced concerns over approving a rezoning
for commercial development without a specific commercial plan on file; additionally,
they felt with such a large tract of land to be rezoned, this rezoning process
did not provide enough "checks" on the solving of "serious. problems by the owner.
Commissioner Willhoit moved, seconded by Commissioner Marshall, to table this
rezoning request until the next meeting and that Planning Staff explore the impli-
cations of the request on the Land Use Plan for this area. Vote: Ayes, 3 (Com-
missioners Gustaveson, Marshall and Willhoit); noes, 1 (Commissioner Walker).
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14.6. Roy Wilkerson Rezoning: Mr. Cannity noted that this property/business
use had been overlooked when the County Zoning Ordinance was being developed.
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Planning Staff is recommending that a lot on this tract 500' x 300' be rezoned
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EC-5; Planning Board recommends the.whole 6..62 acres of the tract be returned to
public hearing for rezoning consideration.
Commissioner Walker moved, seconded by Commissioner Marshall, to approve the
Planning Board's recommendation (see above paragraph). Vote: byes, 4; noes, 0.-
14.f. Willie Wilson Rezoning request: Mr. Wilson addressed the Board following .
Mr. Cannity's background on the request (see page /a o for details) and said the
land which he'd owned for 1244 years was wasted at the time as he was unable to
either build a home or•rezone it for a commercial use. Mr.- Cannity said Mr. Wilson's
commercial -use would qualify for a home occupation•but that because the site
won't perk he can't build a residence on it. Mr. Cannity said the request to
rezone from Residential 1 to Neighborhood Commercial II is incompatible with.the
adopted Land Use Plan.
Commissioner Willhoit moved, seconded by Commissioner Marshall, to deny
the rezoning request for the Willie Wilson property as recommended by the Planning ...-..
Board. Vote: Ayes, 4; noes, 0.
The Board asked that the Planning Staff work with Mr. Wilson to explor;:-
his options for use of that property and to investigate economic depreciation of
the property.
14.g. Fox Run, Section 9 Preliminary Plan: Commissioner Walker moved,,
seconded by Commissioner Marshall, to approve the Preliminary Plan for Section 9
Fox Run Subdivision as recommended by the Planning Board. Vote: Ayes, 4; noes, 0.
14.h. Brack's Mobile Home Court: Commissioner Walker moved, seconded by
Commissioner Marshall, to approve the Preliminary Plan of Brack's Mobile Home
Court, located'off SR.1956 in Bingham Township, as recommended by the Planning
Board and with the stipulation that each lot show 40,000 square feet outside the
road right-of-way. Vote: Ayes, 4; noes, 0.
14.j. Participatory Paving Program: Susan Smith, Planning Staff, told the
Board that due to some recent changes by DOT differentiating between rural and
subdivision/residential roads and their eligibility for paving in the PPP Program
the Board needed to either reaffirm its present PPP policy or revise the policy.
(See page of this book for Ms. Smith's detailed summary.) The Board felt
that Planning Staff should confer with the community leaders of the affected roads
and explain the options to those residents and let them decide what they prefer.
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This item is to be returned to the Board's'agenda after the Planning Staff has
conferred with those communities affected 'by DOT's changes.
14.1. Bromley Road and Riverboat Road to State Maintained Secondary System:
commissioner Marshall moved, seconded by Commissioner Walker, to approve the
addition of Bromley Road and Riverboat Road in the Little River Farms Subdivision
to the State Secondary Road System. Vote: Ayes, 4; noes, 0.
14.m. Food Stamps 'Issuance: Commissioner Marshall moved, seconded by Com-
missioner Willhoit, approval of the contract with Cost Containment, Inc. for direct
mailing of Food Stamp Coupons to the County's 1,270 eligibleohouseholds. Vote:
Ayes, 4; noes, 0.
14.i. Proposed Text Changes to the Zoning Ordinance:
Commissioner Willhoit moved, seconded by Commissioner Marshall, approval
of the addition of Article 4.2.19, Economic Development District application
criteria. Vote: Ayes, 3 (Commissioners Gustaveson, Marshall and Willhoit);
noes, 1 (Commissioner Walker).
Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve
the Planning Board's recommendation'on Article 6.3.1, to approve the wording as
underlined but to have paragraph three in this section returned to Staff for
study. Vote: Ayes, 3 (Commissioners Gustaveson, Marshall, and .Willhoit); noes,
1 (Commissioner Walker).
Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve
the wording suggested for Article 7.6,with regard to the Manager's certifying
that conditions imposed by the Board of Commissioners have been met. Vote:
Ayes, 4; noes, 0.
Commissioner Marshall moved, seconded by Commissioner Marshall to approve
the wording change in Article 8.5, that the Manager shall certify that conditions
imposed by the Board of Commissioners or Board of Adjustment have been met for
Special Use Permits. Vote: Ayes, 4; noes, 0.
Commissioner Willhoit moved to approve the Planning Board's recommendation
on the PW-II District extra requirements, but withdrew his motion for further .
discussion. When asked if the Planning Staff could handle the stormwater manage-
ment criteria, Mr. Cannity said the Soil and Erosion Officer thought so at the
present level of work; problems may develop if the level of construction work in-
creases significantly.
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Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve .
the Planning Board's recommendation to adopt Article 4.2.27 (establishing the PW-II
Distracts) and Extra.-,Requirements for those Districts except for 6.23.2 which addresses.
minimum lot size. Vote: Ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Marshall, to consider
Article 6.-23.2 at the next meeting. Vote:. Ayes, 4; noes, 0.
Mr. Cannity pointed out a technical change to Article 4.2.27, establishing
the Protected Watershed Districts. Commissioner Willhoit moved, seconded by Com-
missioner Marshall, to approve the clarification to Article 4:2.27 as detailed
by Mr. Cannity. Vote: Ayes, 4; noes, 0.
Added Item: Clean Water Bonds:
Commissioner Willhoit moved, seconded,by Commissioner Marshall, to approve
acceptance of a grant for $42,712 towards the non-federal portion of construction
costs for a sewer system for the Efland Estates Subdivision.and to authorize the
Chair to sign the acceptance. Vote: Ayes, 4; noes, 0.
With no further business to come before the Board, it adjourned by consensus_
Norman Gustaveson, Vice-Chairman
Paulette Pridgen-Pond, Clerk
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