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MINUTES
AUGUST 2, 1982
The Orange County Board of Commissioners met in regular session on Monday,
August 2, 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
Commissioner Marshall added a procedural request regarding public hearing
minutes; Commissioner Willhoit added an informational item regarding the decision
of the JOCCA Board of Directors to drop the Headstart program, consideration of
the extension of zoning to Cheeks Township and a Resolution submitted to NCACC.
Commissioner Walker added an announcement regarding the shining of lights for deer
hunting. Commissioner Whitted added three items: 1) jail facility change order;
2) Clean Water Bond Grant; and, 3) Certification of the New Hope Fire Department
roster.
B. Audience Comments
There were no audience comments about items either on the agenda or not on the
agenda.
C. MINUTES
The Board asked that the minutes of May 18 and 24, 1982, be returned to a
subsequent agenda.
Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve
the minutes of May 19, 1982, as corrected. Vote: Ayes, 5; noes, 0.
Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve
the minutes of June 7, 1982 as corrected. Vote: Ayes, 5; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the
minutes of July 1, 1982, as submitted. Vote: Ayes, 5; noes, 0:
D. PRESENTATION BY REPRESENTATIVE BARNES
Representative Barnes told the Board that HB 1584, appropriating funds for the
Old i,ourthouse had passed the Legislature; she read the letter from the State
Budget Office transmitting the check to the County and said we now had the money
in nand. Chairman Whitted thanked Representative Barnes for her efforts and those
of Representative Hackney on behalf of Orange County.
F. BOARD MEMBERS REPORT ON ,1982 NACo CONFERENCE
The Board members presented reports on the 1982 NACo Conference which the
Board members, County Manager and Clerk to the Board had attended in July in
Baltimore, Maryland.
Commissioner Whitted said that overall the programs were well balanced an
the sessions were good. He said the counties were less than enthusiastic for
Federal government to return programs to the State, additionally, he said the
terminology was incorrect since the Federal Government had begun those programs,
not the State. Commissioner Whitted was it was "wishful thinking" that the private
sector can fill the "gaps.".
Commissioner Marshall said some of the programs she attended dealt with the
feminization of poverty and the needs of the older population and day care.
Regarding day care, she said it appeared that "business oriented groups" seemed
to be "pushing aside" the professionals in day care. She reported on "operation
match" a self-help program in Montgomery County, Maryland, which matches older
persons in large homes with those who need housing.
Commissioner Gustaveson said there was a marked contrast in attitudes tbwar'
the "New Federalism" at this Conference compared to the Conference the previous.;
year in Louisville, Kentucky. He said the "New Federalism" was a "very regressive"
step for North Carolina. He reported on the activity on the energy front and said
"all in all" that it had held "responsible ground" for the major activity.
Commissioner Walker said the "New Federalism" was all we had to work with and
he preferred to work within the framework provided by the President. He stressed
cooperation with President Reagan because there is "nothing else."
Commissioner Willhoit said one problem with the "New Federalism" is that it
is phasing out its responsibility and money but retaining the mandates for the
service provision. He said with regard to the Medicaid program as a result'of the
redifinition of eligibility, a number of persons who are indigent were now ineligib`
for the program. He said we are willing to cooperate in trying to get the resource .
to make the programs workable.
Other Board members, responding to Commissioner Walker's plea for cooperation
said they wanted to be "full partners" not simply passively accepting; they want
input into the mechanics of the programs.
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The Planning items were moved up on the agenda to accommodate the large
numbers of persons present for those deliberations.
F. ITEMS FOR BOARD DECISION
14. Rezoning Requests
a. Paul Kempa Property--Mr. Rick Cannity, Acting Planning Director, told
the Board that this request was brought forward from the July 6th meeting and
information on the conformance -with the Land Use Plan of this rezoning request
was available as the Board had requested. He said this was a request to rezone
2.3 acres located at the northwest intersection of US 70 and Palmer's Grove Church
Road. He said the property is designated Residential on the County Land Use
Plan, however, it is within the Eno 1 Rural Neighborh000d Activity node; the
request is for a rezoning to Neighborhood Commercial II. The most critical
criteria for this rezoning are soil conditions, transportation systems, existing
land use and pouplation density. Mr. Cannity said this request did not conform
with the soil condition criteria as the Health Department has determined that
the property is unsuitable for an on-site sewage disposal system.
Commissioner Marshall referred to the minutes of the meeting on May 24 wherein
the latitude for business development under this classification was questioned and
also safety concerns of those who live in the area were expressed.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to deny the
request for rezoning for the Paul Kempa property at the intersection of Palmers'
Grave Church Road and US 70 because' of the unsuitability of the soil for a sewage
system and the safety concerns specific to this particular intersection.
Commit, ,ner Gustaveson asked for a friendly amendment to the effect that if
the owner comes to the Board with a specific request, rather than a general request
for a rezoning which would encompass a number of potential commercial developments,
the Board would consider it; Commissioner Willhoit accepted that amendment as to
general intent.
Ms. Susan Smith, Planning Staff, told the Board that DOT had been contacted
with regard to this intersection and safety concerns and is willing to provide
better directional markings.
Mr. Michael Parker told the Board that DOT was addressing the safety issue
and that Mr. John McAdams, an engineer, had "come up with a plan for a limited
soil absorption system" to address the soil unsuitability for sewage disposal.
He added that the lot was unsuitable for anything except limited commercial develop-
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ment. Mr. McAdams, who was present, said he had not visited the site nor had he
been asked to visit it; he added that he was contacted by telephone some weeks ago
in a very general sense on this problem.
Mr. David Gephart, a resident of the area, and Ms. Helen Laws, who
lives in the area, 'both addressed the safety question. They said the business
will increase the traffic in the neighborhood and safety would not be thereby
increased. Ms. Laws added that the neighborhood didn't want the zoning changed
and she questioned the accident figures Mr. Parker had cited at an earlier meeting.
Mr. C.R. Laws concurred with these comments.
Vote: Ayes, 4 (Commissioners Gustaveson, Marshall, Whitted and Willhoit);
noes, 1 (Commissioner Walker').
b. Fred Cates Rezoning:• Mr. Cannity said that Mr. McAdams, engineer for
Mr. Cates, had asked that the request be placed on the agenda for the 17th of
August. ' He said that he had been unable to confer with this client since the
Planning Board voted to deny the request. He said he would like to stop the pro-
cedure prior to being denied and to reapply f x a Planned Development.
Commissioner Marshall moved, seconded by Commissioner Willhoit, to table this
request till the meeting on August 17th. Vote: Ayes, 5; noes, 0.
1. Cafeteria Building Assurances:
Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve
the letter of assurances, with appropriate safeguards for the County so that the
space may be utilized'if the State does not continue to fund the Willie M. Pro-
gram and to authorize the Chair to sign it. Vote: Ayes, 5; noes, 0.
The Board took a five minutes break and resumed deliberations with all members
present.
2. OPC Mental Health & Coalition for Battered Women Contract: Co
Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve
the contract for monitoring of Coalition services. Vote: Ayes, 5; noes, 0.
3. OPC Mental Health & Rape Crisis Center:
Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve
the contract for monitoring of Rape Crisis services. Vote: Ayes, 5; noes, 0.
4. Land Records Grant:
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to adopt
the Resolution authorizing a further grant request ($14,950) to implement Orange
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County's expanded access to the program. Vote: Ayes, 5; noes, 0.
5. Forest Service Contract:
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Commissioner Gustaveson moved, seconded by Commissioner Walker, to approve
the contract between the County P and the NC Department of Natural Resources and
Community Development for the provision of support of the NC Forest Service in
Orange County. Vote: Ayes, 5; noes, 0.
6. Village Cable Ordinance:
Commissioner Willhoit'moved to approve the waiver of the time limit for the
delivery of the security system as called for in the Village Cable Franchise.
Motion died for lack of a second.
Commissioner Marshall moved, seconded by Commissioner Willhoit, to approve
on this, the first reading, the amendment to the Franchise to Village Cable,
granting the waiver of up to two years, of the delivery of the security service
during which time Orange County, the Town of Chapel Hill and Village Cable will
devise a procedure that will study the home monitoring business, and that will,
especially define a level of reliability and affordability that will trigger the
implementation of Section IX of the Ordinance.
Vote: Ayes, 5; noes, 0.
7. Appointments:
Planning Board Eno Township representative: Commissioner Gustaveson moved
to nominate and with no other nominations to appoint Sharlene Pilkey to the Planning
Board; Commissioner Walker seconded the motion. Vote: Ayes, 5; noes, 0.
Planning'Board Cedar Grove Township representative: Commissioner Gustaveson
nominated Carl Walters and Commissioner Walker nominated Frank Pearson to this
township's seat on the Planning Board. Vote: Mr. Walters, 4 (Commissioners
Gustaveson, Marshall, Whitted and Willhoit); Mr. Pearson, 1 (Commissioner Walker).
Health Board: Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to reappoint Ann Woodward, Rosetta Moore and Emil Chanlett to three year terms on
the Health Board. Vote: Ayes, 5; noes, O.
Nursing Home Advisory Council: Commissioner Gustaveson moved, seconded by
Commissioner Marshall, to appoint Richard Schramm to a four year term on this Council,
expiring December 30, 1986. Vote: Ayes, 5; noes, 0.
Commission on Women: Commissioner Marshall moved, seconded by Commissioner
Willhoit, to appoint Claudine Harris to a three year term on the Commission.
Vote: Ayes, 5; noes, 0.
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Chapel Hill Planning Board: Commissioner Willhoit moved, seconded by Com-
missioner Marshall, to appoint Mr. Julian Raney to fill the unexpired term of
George Myer, Jr., on the Chapel Hill Planning Board. Vote: Ayes, 5; noes, 0.
OWASA: Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to reappoint Mr. Eddie Mann, 'Jr., to a term on the OWASA Board of Directors.
Vote: Ayes, 5; noes, 0.
i Southern Triangle Fire District Board of Trustees: This appointment was
g continued.
Region J EMS Council: Commissioner Gustaveson moved, seconded by Commissioner
Willhoit, to appoint Ms. Mary Davison and Mr. John Stewart as the alternate provider
and consumer delegates, respectively. Vote: Ayes, 5; noes, 0.
O-P-C Mental Health Board: Commissioner Gustaveson moved, seconded by Com-
missioner Marshall, to reappoint Mr.John Woodson to this Board. Vote: Ayes,
5; noes, 0.
B. Purchase 'of Vehicles on State Contract: Commissioner Gustaveson moved,
seconded by Commissioner Marshall, to authorize the Manager to enter into an agree-
ment with the State, Division of Purchase and-Contract, in order to join with the
State in the purchase of 1983 vehicles. Some Board members expressed again t!' ' ,
desire to see local dealers bid on the County's vehicle contracts and asked i
Puchasing Officer could work with the dealers in order to find out what the barriers
to local bidding might be. Vote: Ayes, 2 (Commissioners Gustaveson and Willhoit);
noes, 3 (Commissioners Marshall, Walker and Whitted). Motion failed.
9.. Rights-of-Way Condemnation: Commissioner Gustaveson moved, seconded by
Commissioner Marshall, to approve the Community Development Director's recommendation
that DOT handle all rights-of-way condemnations for the Northern Fairview Street
Q Improvements,Project. Vote: Ayes, 5; noes,0.
10. Road Paving Award: The results of the bidding for the road paving con-
tract for the Northern Fairview Streets Improvements Project are:
Kirkpatrick Brothers No Bid
C.C. Mangum, Inc. " "
Mellott Contractors "
Pr°opst. Const. Cam. $639,000
Thompson-Arthur Pay. Co. $921,800
J.F. Wilk,:-son Contract. Co. $768,000
Commiss'ic.ner Gustaveson moved, seconded by Commissioner Marshall, to award the
street improvements contract to Propst Construction Company, as the low bidder.
Vote: Ayes, 5; noes, 0.
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11. Housing Rehabilitation Contract Award: Commissioner Gustaveson'moved,
seconded by Commissioner Whitted, to accept the recommendation of the Community
Development Director to award the housing rehab contracts for units # 66 and
113-B to Gates Construction for $9,384.50 and Frank Griffin & Associates for
$3,225.00, respectively, and to place the results of the bids on the units
in the record (those bid results are on page &OJ'and 644 , respectively).
Vote: Ayes, 5; noes, 0.
12. CETA Title II-B:' Commissioner Gustaveson moved, seconded by Commissioner
Marshall, to approve the filing of a grant application for CETA Title II-B
funding for 1982-83 for $278,000.00 Vote: Ayes, 5; noes, 0.
The Board adjourned for lunch and resumed deliberations at 2:00 P.M. with all
members., .except Mr. Whitted who returned late, present.
13. Subdivision Requests
a. Fox Run, Section 8: Mr. Cannity made the presentation for the Planning
Staff, noting that the developer had acquired additional land and was redividing
lots 98-103 to create one additional lot. Commissioner Walker moved, seconded by
Commissioner Marshall , to approve the preliminary plan for the redivision of
lots 98-103 in Fox Run, Section 8. Vote: Ayes, 4; noes, 0-(Mr. Whitted absent).
b. Warren Terry and Gail Terry_Property: Mr. Cannity made the presentation
for the Planning Staff, saying that this was for one lot of approximately 3 acres
out of a total of 17.6 acres in Chapel Hill Township off SR 1129. The request is
to approve a partial 30' right-of-way. Commissioner Walker moved, seconded by
Commissioner Marshall, to approve the minor subdivision of Warren Terry and Gail
Terry with a private 30' partial width right-of-way. Vote: Ayes, 4; noes, 0.
(Commissioner Whitted absent for the vote.)
15. Proposed Text change to Section 6.3.1 of the Zoning Ordinance: Mr. Cannity
said Staff recommended that efficiency'appartments be added to the Zoning Ordinance
Permitted Use Table under H2 and that the definition of efficiency appartments be
added under Article 22. Commissioner Willhoit moved, seconded by Commissioner
Marshall, that this text amendment go to public hearing on August 23, 1982. Vote:
Ayes, 4; noes, 0 (Commissioner Whitted absent for the vote).
CLEAN WATER BONDS: Commissioner Willhoit moved, seconded by Commissioner .
Marshall, to adopt the Resolution accepting the offer of a State grant for $42,712
for the construction. of the Efland Estates Sewer System. Vote: Ayes, 4; noes, 0
(commissioner Whitted absent for the vote).
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Commissioner Willhoit asked for an update on the status of the Efland
Sewer System regardin service areas and charges.
CERTIFICATION OF NEW HOPE FIRE DEPARTMENT ROSTER: Commissioner Willhoit moved,
seconded by Commissioner Marshall, to approve the roster as submitted. Vote: Ayes--_
4; noes, 0 (Commissioner Whitted absent for vote).
Commissioner Whitted returned at this point in the meeting.
SHINING LIGHTS ORDINANCE: Commissioner Walker announced that Orange County
was now included in the Ordinance which prohibits the shining of lights between
8 P.M. and hour before sunrise for the purpose of hunting deer.
PROCEDURAL gUESTION: Commissioner Marshall asked that no action'be. taken on
items taken to public hearing until the minutes for that meeting have been ap;
In addition the Board suggested hearing all Planning Department items beginning
at 10:30 A.M. in order to better accommodate those who are present for Planning
Department items.
The Board also suggested that the Manager begin to compile an' administrative
procedures manual for County departments.
HEADSTART--JOCCA: Commissioner Willhoit said that due to conflicting Federal.
regulations governing the reimbursement rates, 39% for one regulation and 15%
for another regulation for overhead costs, the JOCCA Board of Directors had voted
to recommend that JOCCA drop Headstart as a program. The Board asked that Com-
missioner Willhoit tell this Board if JOCCA decides to drop Headstart; a lei
is to be drafted to Congressmen Andrews and Fountain asking for their assistance
in resolving the conflict in Federal regulations.
ZONING OF CHEEKS TOWNSHIP: Commissioner Willhoit asked that this issue be
placed on the public hearing agenda for August 23, 1982. Commissioner Walker dis-
agreed, saying the Board doesn't have all the pieces it needs to make a decision.
Commissioner Gustaveson moved to go into executive session to discuss this matter;
motion died for lack of a second.
CHANGE ORDER ON JAIL: Commissioner Gustaveson moved, seconded by Commissioner
Willhoit to approve change order # 2 on the Orange County Jail. Vote: Ayes, 5;
noes, 0.
Mr. Bill Baxter, O-P-C Mental Health Director, told the Board that the assurances
required for the renovation of the Northside Cafeteria for use in the Willie M.
Program were different from the other programs. He said the length of time for the
Willie M. program was ten years, not twenty as in the other programs.
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16. Executive Session for Legal Matters_: Commissioner Gustaveson moved,
seconded by Commissioner Marshall, to convene in executive session to discuss
legal matters. Vote: Ayes, 5; noes, 0.
Following the executive session the Board adjourned by consensus.
Richard E. Whitted, Chair
Paulette Pridgen-Pond, Clerk