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HomeMy WebLinkAboutMinutes - 19820907 i I. MINUTES SEPTEMBER 7, 1982 0 The Orange County Board of Commissioners met in regular session on Tuesday, September 7, 1982, at 10:00 A.M. in the Commissioners' Room, Orange Ir County Courthouse; Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted, and Commissioners ` Norman Gustaveson, Shirle# E. Marshall, Norman Walker (who left at 3:05•P.M.) and Don Willhoit. A. BOARD COMMENTS Commissioner Whitted added Orange County Community Energy Project as item D-9; Commissioner Willhoit added a Proclamation on the Inter-Faith Council, as item D-10 and expanded item E-3 to include information on the Title V pro- gram from Mr. Jerry Passmore. B. AUDIENCE COMMENTS There were none. C. MINUTES Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve the minutes of May 18, 1982, as corrected and resubmitted. Vote: Ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the minutes of May 24, 1982, as corrected and resubmitted. Vote: Ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the minutes of July 8, 1982, as corrected. Vote: Ayes, 5; noes, 0. 1 Commissioner Marshall moved, seconded by Commissioner Whitted, to approve I the Minutes of July 19, 1982, as submitted. Vote: Ayes, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to j approve the minutes of August 23, 1982, as corrected. -Vote: Ayes, 5; noes, 0. D. ITEMS FOR BOARD DECISION j. 1. CLASS A SPECIAL USE PERMIT REQUEST BY BUCK MOUNTAIN DEVELOPMENT Commissioner Whitted said the Planning Board recommendation was to deny i the Class A Special Use Permit by Buck Mountain Development for the General j Aviation Airport; he added that the Planning Board recognized that the Commis- sioners may approve the Permit anyway and if so there were several conditions the Planning Board wished to have made part of the Permit. I 404 I Commissioner Walker moved to approve the Planning Board's recommendation with the.nine conditions. Following clarification of the recommendation from the Planning Board, Com- missioner Walker moved to approve the Class A Special Use Permit request by Buck i Mountain Development for a general aviation airport based on the "Findings of Fact" of the Orange County Planning Staff and the summary of the evidence presented at the public hearing contained in the Orange County Planning Staff's "Findings of Fact" accompanying these minutes, and with the imposed conditions proposed by the Planning Board; Commissioner Willhoit seconded the motion with the amendment to discuss all proposed imposed conditions. Commissioner Walker accepted the amendment. /The recommended conditions, Planning Board`s and Planning Staff's are on pages respectively, of these minutes. Chairman Whitted used the Planning Board's conditions as the basis of comparison and final wording is to come from the County Attorney_) Condition # 1: Commissioner Willhoit said this condition was equivalent to Staff's condition # 11; there was:a consensus to accept Staff's condition with the change that "based" be deleted and wording to say that "no jet aircraft are permitted" be inserted. Condition # 2: There was a consensus to accept the Planning Staff's recommended' condition # 12 as a substitute for Planning Board's condition # 2 and to delete "have" and "over." Condition # 3: There was a consensus to accept the Planning Staff's recommended i condition # 1 as a substitute for Planning Board's recommended condition # X. Wording is to be added to reflect that it is not the Commissioners' intent to approve any commercial use with this project other than those described in the project package, narrative,and site plan, in accordance with the Zoning Ordinance. Some Board members felt that it was very important to "reaffirm" their commitment to the Land Use Plan for Bingham Township and that the Board is only approving a Special Use Permit for a general aviation airport as requested in the Special Use i ! Permit request by Buck Mountain Development. Condition # 4: The Attorney said that the Public Hearing reflected tha the d intended a total of 275 base airplanes (hangared and tied-down) and would thus be clarified in the narrative; therefore, condition # 4 is unnecessary as recom- !mended by the Planning Board. i Condition # 5: There was a consensus to combine this condition with Planning i Staff's condition # 7 and to have the Manager and the Fire Chief- of the Orange Grove (Rural Fire Department to check the stipulations for adequacy of protection. /This is Condition # 4 attached to the Special Use Permit.? 4y� Condition # 6: There was a consensus to incorporate the construction. schedule ; referred to in the July 8, 1982, Minutes as a condition to the Special Use Per- mit. Mr. Luce, Planning Staff, read the construction schedule: The airport construction will. be started within one year of the final approval and all construction will be completed within two years of its initiation. Phase I will be completed ninety days after the completion of the runway; Phase II will be started with in six months after the start of construction of Phase I; Phase III will be completed within two years of the completion of Phase II. /Condition # 5 is the construction schedule;] Condition # 7: There was much discussion as to whether or'not the runway should be bonded as 'are public improvements. There was some feeling that without the runway there was no airport and that such a contingency was covered by the imposition of condition # 5 specifying the construction schedule. The develop- er, on the advice of the County Attorney, was asked whether he wodld rather have a time limit placed on the runway construction or whether he would rather have to post a bond for the runway construction. Mr. Hazard: ...It would be difficult to operate an airport without a runway. So if you look at it from that standpoint instead of dwelling on all of the what ifs and everything. If you were building 1-40, what if you had put a limit on I-40? You know you can't do something like that...How do I know when its going to rain? Or whether the equipments going to break down? Or what? So you're asking questions that are impossible to answer...And you have to assume that if we want to build an airport that we will build a runway. I..ah, you have to take that on face value. And we do want the runway in there as soon as possible; because we can't make any money until there's a runway.... Oh, we don't want to post a bond for the construction of anything except what you would require another developer to do. Now if you make a man do a subdivision and make him post a bond for all the houses, we'll post a bond for the runway. There was a consensus among the Board members to place a bond on all public improvements as outlined in Planning Board recommendation # 7 but i to place a one year construction limit on the runway rather than requiring the developer to post bond for the runway. That is, one year after the pro- ... I jest is begun, the runway must be completed. Mr. Hazard: "One year is fine...If we can't make it in a year, we won't make it but the one year is fine. I wouldn't feel comfortable and would be hesitant with anything less than that...." /Condition # 6 is the posting of the bonds for the public improvements and the additional time imposition on the runway construction.] I 496 Condition # 8: There was a consensus to accept this condition in toto. /This becomes Condition # 7.7 Condition # 9:recommended including all Planning Staff conditions not inconsistent with Planning Board's conditions. During discussion, the Commissioners thought, and the Attorney confirmed, that Planning Staff condition # 3 is included under Planning Board condition # 7 /Condition # 67. Planning Staff recommended Condition . # 4 was accepted in toto /This becomes Commissioners' condition # 87. Staff Condition # 5: There was a consensus to include this condition in toto /Com- missioners' condition # 97. Staff's condition # 6: There was a consensus to include this condition in Coto /Commissioners' condition # 107. Staff condition # 8: There was a consensus to include this condition in toto /Commissioners' condition # 117. Staff condition # 9: Upon advice of the County Attorney, the Board made this condition to simply require maintenance of the public improvements via a maintenance agreement without specifying who is to do the maintenance./Commissioners' condition # 127. Staff condition # 10: This condition is specified in the site plan and is there- fore, part of the Special Use Permit and redundant here. I Commissioner Walker said his motion still stood to approve the Special Use Permit with the stipulations (conditions) as outlined above; the second stands. Vote: Ayes, 3 (Commissioners Marshall, Walker and Willhoit); noes, 2 (Com- missioners Gustaveson and Whitted). The motion passed. Following a short break, the Board resumed deliberations with all members present. 6. Tax_Refu_nd Requests Mr. Kermit Lloyd presented a brief summary of each refund request (summaries j ! on each request can be found on pages of this book). Kenneth C. Brandon: Commissioner Willhoit moved, seconded by Commissioner , Walker to approve the Tax Supervisor's recommendation to refund $8.35. Vote: Ayes, 5; noes, 0. Cos-Wat Dairy Distributing, Inc.: Commissioner Willhoit moved, seconded.by ! Commissioner Walker to approve the Tax Supervisor's recommendation to refund $7,134.92. Vote: Ayes, 5; noes, 0. i 49F Felix A. Fletcher: Commissioner Willhoit moved, seconded by Commissioner Walker, to approve the Tax Supervisor's recommendation to refund $57.90. Vote: i Ayes, 5; noes, 0. Estate of M.T. Johnson: Commissioner Willhoit moved, seconded by Commissioner - Gustaveson, to approve the Tax Supervisor's recommendation to refund $71.60. Vote: Ayes; 5; noes, 0. James R. Hendricks: Commissioner Willhoit moved, seconded by Commissioner Walker, to approve the Tax 'Supervisor's recommendation to refund $39.31. Vote: Ayes, 5; noes, 0. Edgar J. Hines: Commissioner Gustaveson moved, seconded by Commissioner Walker, to approve the Tax Supervisor's recommendation to refund $46.10. Vote: _z Ayes, 5; noes, 0. Jacobs Glass Company: Commissioner Whitted moved, seconded by Commissioner Willhoit, to approve the Tax Supervisor's recommendation to refund $700.80. Vote:- Ayes, 5; noes, 0 Elizabeth C. Thompson: Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the Tax Supervisor's recommendation to refund $20.31. Vote: Ayes, 5; noes, 0. The Tax Supervisor told the Board that the second part of the recommended refunds were'the results of the Property Tax Commission overturning decisions of the Orange County Board of Equalization and Review. Commissioner Walker moved, seconded by Commissioner Marshall, to approve the refunds as recommended by the Tax Supervisor based on the decisions rendered by the Property Tax Commission. complete list, summary of each and amounts, are on pages of this book.] The Tax Supervisor told the Board he would report on the activities of the Board of Equalization and Review and appeals to the Property Tax Commission in October. Commissioner Whitted announced the Annual Triangle J COG Dinner and urged all Board members to attend. The Board adjourned for lunch and resumed deliberations at 1:30 P.M. with ' all members present. 2. Watershed Protection Measures - Mr. Luce reviewed with the Board the additional language for the water- shed protection policies. Commissioner Willhoit moved, seconded by Commissioner Marshall, to adopt numbers 8 and 18 as part of the watershed protection policies (see pages for those specific policies). Vote: Ayes, 5; noes, 0. 49� Mr. Luce asked if.the Lower Eno and North and South Forks of the Little jRiver were included in the Watershed Protection Policies. The consensus was that these i j potential reservoir sites were added to the Water Resources Goals but that water- shed protection policies would not be. applied in those areas until additional feasibility studies were completed. Mr. Luce reviewed the Staff's plan for implementation of the watershed pro- tection measures. There was a consensus that reference to "urbanized" areas be stricken., Commissioner Willhoit moved to approve the proposed work plan as pre- sented by Mr. Luce. Motion died for lack of a second. The Manager indicated that Staff needed direction or endorsement of its outlined work objectives as relates to this matter and he said Board discussion had provided that direction. 3. Participatory_Paving Program--Oak Knob Court Ms. Susan Smith provided the Board with background information on this project including projected cost of the project funds available at this time. Commis-' sioner Willhoit moved, seconded by Commissioner Marshall, to approve the acceptance of the Oak Knob Court (SR 1605) to the Participatory Paving Program. Vote:a Ayes, . 5; noes, 0. 5. Hospitalization Insurance - I' Mr. Mark Rees, g proposals • Purchasing Officer, outlined the ro ooals received for County employees' health insurance coverage. Commissioner Willhoit moved, seconded by Commissioner Gustave'son, to award the contract for hospitalization insurance to Blue Cross/Blue Shield as recommended by the Purchasing Officer and Personnel Director. Vote: Ayes, 5; noes, 0. E. ORAL REPORTS 1. Jail Inspection Report. Sheriff Knight reported to the Board on the Jail Inspection conducted by the NC Department of Human Resources on August 11, 1982. The Sheriff said this was the best report the County had received. He said the County does have fire-, - drills but during the inspection, he, Sheriff Knight, had not known where the reports . were kept. He said the sally ports had been repaired; he said the Staff had not been locking the kitchen door at the jail but would begin doing so. He added jthat shelving was being constructed and the bedding had been moved off the floors. With regard to the inadequate towels and bedding, Sheriff Knight said more towels • jwere needed and adequate sheets were provided. He said the County jail does not have a laundry..so such supplies were sent to the laundromat for washing. I j The Board thanked Sheriff Knight for his report (a copy of the jail inspection report is attached to these minutes on pages ), 2. Clean Up Litter Week Mr. Weston, Recreation Director, reported to the Board on organizational plans for Clean Up Litter Week in Orange County; he said citizen response had been slow. 3. JOCCA/Headstart Update Commissioner Willhoit told i:he Board that JOCCA was giving up the administration of the Headstart program and• that.Wake Opportunities would administer the program in existing facilities through the end of this fiscal year. He added that the Chapel Hill-Carrboro. Schools plan'to submit-a proposal for the Headstart program. Commissioner Willhoit said the lack of a Headstart program in Chapel H ill-Carrboro had been a source of concern to that school system and he asked the County Manager to contact Ms. Ann Sanford, Director of the Chapel Hill-Carrboro Schools' Outreach program regarding her estimate of space needs and space availability. Commissioner Willhoit elaborated that the problem with the block grant fund- ing is that there is no flexibility in using the money. He. said JOCCA, with the Title V funding being cut, will lose positions for transportation and meals. Commissioner Marshall expanded upon the problem with the Title V Older Americans Act funding. She.said. the essential drivers positions are being cut.in the nutrition program. She said the money for the meals is still funded but the drivers who deliver the meals or drive the Seniors to the nutrition sites are having those positions cut. She asked the Board to consider funding the drivers positions through the.end of September (approximately $500) in order that other options for the program might be explored. There was a consensus on the Board to do so. The Board did opt to provide funding through- .September 30th for the drivers ;positions and to ask the JOCCA Board of Directors to re-organize its priorities iin order to.place the nutrition program as its number one priority and. pick up transportation salary costs through the end of February. (the end of its fiscal year). There was a consensus, too, that the position of driver was not the proper,r, place for a volunteer to fill. The Board asked the Manager to meet with Ms. Willi ams, 1JOCCA Director,- and Mr. ?assmore, nirector of the nenartment on Aninn, to verify the !amount of support available. Commissioner Walker left the meeting following this discusseCn , i ..: 5 0 G - 833 7. Family Planning Fee Schedule Commissioner Willhoit moved, seconded by Commissioner Marshall, to adopt the family planning fee schedule as presented. Vote: Ayes, 4; noes, 0. I 4. Appointments Damascus Fire District Board of Trustees: Commissioner Willhoit moved, seconded by Commissioner Marshall, to appoint Messrs. Trohanis, Davis and Poythress to two year terms on this Board of Trustees. Vote: Ayes, 4; noes, 0. Southern Triangle Fire District Board of Trustees: Commissioner Willhoit moved, seconded by Commissioner Marshall, to appoint Ms. Ellen Cheek' to a two year.term on this Board of Trustees. Vote: Ayes, 4; noes, 0. Energy Commission: Commissioner Whitted reported that he and Commissioner Gustaveson were meeting with this commission on September 9th and would report to the Board on the results of that meeting. Orange County Public Library Board of Trustees: Commissioner Willhoit moved, seconded by Commissioner Marshall, that these positions be advertised. Vote: Ayes, 4; noes, 0. ABC Board: Commissioner Gustaveson moved, seconded by Commissioner Willhoit to reappoint Mr. Gobbel and Ms. Pilkey to three year terms on the I ABC Board. Vote: Ayes, 4; noes, 0'. 8. Budget Amendments and CETA Project Ordinance Amendment Commissioner Willhoit moved, seconded by Commissioner Gustaveson., to.approve the manager's recommendation to approve the budget amendments (see page of this book). Vote: Ayes, 4; noes, 0. Commissioner Willhoit moved,seconded by Commissioner Marshall, to approve the amendment to the CETA Project Ordinance. Vote: Ayes, 4; noes, 0. 9. Orange_ County Community Project Commissioner.Gustaveson moved, seconded by Commissioner Marshall, to approve i is Resolution authorizing the County to submit an application for a $2,500 grant to the Federal agency ACTION..for the OCCEP. Vote: Ayes, 4; noes, 0. 10, Inter-Faith Council Proclamation Commissioner Willhoit moved to proclaim September 12-18, Inter-Faith Council ,Recognition Week and to forward the Proclamation and a letter to the Inter-Faith Council; Commissioner Gustaveson seconded the motion-: Vote: Ayes, 4;'noes, 0. DUI -8:3 4 i There being no further business to come before the Board, Commissioner Marshall moved, seconded by Commissioner Whitted, to adjourn. Vote: Ayes 4; noes, 0. Richard E. Whitted, Chair Paulette Pridgen-Pond, Clerk - y 4 I I I i . I