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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AUGUST 1, 1983
The Orange County Board of Commissioners met in regular session on August
1, 1983 at 7:30 p.m. in the Commissioners' Room, Orange County Courthouse,
Hillsborough, North Carolina.
Commissioners present: Richard Whitted, Chair and Commissioners Ben
Lloyd, Shirley Marshall, Norman Walker and Don Willhoit.
A. BOARD COMMENT,
Richard E. Whitted deleted Ell-Protection of Telephone Cable and E12-Land-
fill Reclamation Contract Award and the May 23, 1983 Minutes from the Agenda.
Added: Efland sewer line. At Attorney Gledhill's suggestion, E15-Cable T.V.,
was placed last on the agenda and was to be discussed in Executive session.
Commissioner Lloyd expressed concerns about Boards, Commissions and Committee
appointments. Don Willhoit requested of the Board, and it was agreed, that
Orange Enterprises meet with the Board at the August 16, 1983 meeting.
B. AUDIENCE COMMENTS
1. Marta
John Northen requested to speak to E-1
2. Agenda
None
C. MrNUTE5
Shirley Marshall moved, Don Willhoit seconded approval of May 17, 1983
minutes. Ayes: 5.
D. REPORTS_
1. ,7nrdonssyBA Task Forces
Commissioner Whitted reported on and described the Jordan-Neuse Task-
Force and its two subcommittees formed by Secretary Grimsley on which he
serves. The Environmental Management Commission (EMC) will hold a Public
Hearing on August 9, 1983 and the record will remain open for 30 days for
public comment. The EMC expects to act on a proposal by the end of the year
that would control or reduce the amount of phosphorous entering the reservoirs.
2. AnDpal NACQ Commissioner Willhoit served on the
NACO taxation Steering Committee that met on Saturday morning, July 16, 1983.
He reported that the larger part of the meeting was devoted to revenue sharing.
The Steering Committee recommended continuation of the current NACO policy on
revenue sharing and opposed any governmental change on the distribution of the
money. Commissioner Willhoit attended other sessions on physical stress,
innovative financing and computers in local government.
Commissioner Marshall stated that NACO is a large lobbying organization.
She attended an affiliate meeting on "Aging Administration". Most of the
discussion was about reauthorization of the Older Americans Act. Title III-B
and Title III-C, which are portions of the older Americans Act, may be combined
with one allocation. The two programs are separate at the present time now in
Orange County with JOCCA administering one portion and The Department on Aging
administering the other. Commissioner Marshall further stated that she
attended a session on the New Jobs Acts.
Commissioner Whitted attended a session in forcing County and State
partnerships in Human Services Role of the State Association in the County.
This session was chaired by an attorney from Mississippi who travels the
country suing State and Federal governments on behalf of local government in
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examples of success they had with the State Association of County Commissioners
taking the lead.
Commissioner Whitted attended sessions on Children Services and Economic
Development and received some good ideas on what the Economic Development
Commission can do. Former Vice-President Mondale addressed the convention on
Sunday night; Martin Feldstein, Chairman of the President's Economic Advisory
Committee spoke on Monday morning; Elizabeth Dole, Secretary of Transportation
spoke on Tuesday morning and Sandra Smoley, NACO President also spoke on
Tuesday morning. Commissioner Whitted said the sessions were very timely,
productive and worthwhile.
E. S
1. ��1� �ip S_e_p_ejMj -Continnation of
Public Hearing to receive Planning Board's Recommendation
Susan Smith made the presentation. A request to delete or modify four (4)
conditions placed on the approval of the Class A Special Use Permit granted to
Buck Mountain Development for a general aviation airport was received. The
developer is requesting approval of a 3800' runway with 500' safety-overrun on
the south end and a 700' safety overrun on the north end. In addition, they
request that condition #2 be modified to include a 1000' long
approach-departure zone. The applicant has provided a specific list of uses
which might take place in the Free Base Operator and maintenance hangers which
are for the maintenance of aircraft and operation of the airport. Condition #3
which the developers requested to have deleted is the requirement for a fire
access road from the airport property and Teer Road. The limit placed on
training flights in Condition 07 is also requested to be deleted.
At attorney Gledhill's recommendation, the Board accepted the Minutes of
the Planning Board as their recommendation as follows: It has been the
County's policy not to take a direct interest in the development of airport
facilities either through specific regulations such as airport hazard zoning or
through construction of a public facility. It has assumed the role of
"permitting authority" establishing through the special use permit procedure
necessary safeguards to secure the public health, safety and welfare.
The Board needs to carefully review the evidence submitted to determine if
the airport as proposed represents an identifiable health, safety and welfare
problem and if the conditions imposed on the special use permit, as approved,
address the problem. Buck Mountain Development Corporation submits that
deletion or modification of the conditions would not remove the safeguards
necessary to secure the public health, safety and welfare. The Board should
consider this matter to determine if deletion or modification of the conditions
impose significant and identifiable threats to the public health, safety and
welfare and, if so, whether the conditions imposed represent reasonable
solutions which satisfy the specific standards that must be met for issuance of
the permit.
The Planning Board made the following recommendations on July 18, 1983:
(a) That the request of the applicant be denied and that the applicant be
required to have control of the entire approach zone at each end of the runway,
namely 5000 feet measured from a point 200 feet from the end of the runway.
This zone is to be 500 feet wide at the point closest to the runway and is to
flare to a width of 2000 feet at the end of the zone as shown in the diagram
included with the original permit.
The Planning Board further recommends strongly that the applicant be
required to acquire by purchase or by easement the triangular piece of the
4K
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clear zone which encroaches on the land of Mr. E.J. Crawford. A shift in the
axis of the runway might be possible to avoid this triangular piece of land,
but in that case a new drawing of the airport runway should be submitted to the
Planning Board to determine whether other problems might be produced by such
shift. The motion carried by a 6:2 vote.
(b) The Planning Board considered a motion on denial of the request to
delete Condition 07 regarding a 50% limit on training operations. The motion
ended in a tie vote 4:4.
(c) The Planning Board recommends that the applicant's request for
deletion of the requirement for the access road to Teer Road be denied. It has
been stated clearly and convincingly by the Chief of the Orange Grove Fire
Company that the access road is necessary for the fire company to be able to
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respond with minimum delay to fires at the airport. Therefore, this access
road or an equivalent one to Meadowcrest Road should be required. The vote was
unanimous.
(d) The Planning Board recommends that the applicant's request for
permission to have accessory uses at the airport be specifically limited to the
following uses which are clearly accessory to the primary function of the
airport: lounge, maintenance shop, pilot ready room, flight training area,
parts sales and service, radio sales and service, plan room, restrooms, vending
machine area, locker rooms, aircraft sales offices, offices for airport manager
and staff.
The. Planning Board recommends that the following services be specifically
denied: concession area, car rental office, exhibition area, ticket sales and
information for sports and cultural events, real estate welcome area, branch
banking area, standard holdover area, hospitality room.
The Planning Department staff concurs with recommendations (c) and (d) .
The Planning staff recommends a modification of Condition #7 to stipulate that
flight training operations (takeoff/landing) are limited to a number per month
equal to three (3) times the average number of aircraft based at the airport
during a given month. The constant is derived from the 3-6 flights/month for
based aircraft typical for Horace Williams Airport and projected in Midway
Airport traffic generation data and assumes that one-half of the maximum
expected flights per month per based aircraft will be of a training operation
type.
This would mean that flight training operations would be limited as
follows, according to the proposed phasing:
Phase eased Aircraft TrAinin_g_Operatiens Total Operations
I 87 261 522
11 96 288 576
1I1 93 279 558
Total 276 828 1,656
The actual number of flight training operations would vary though
depending on the number of based aircraft.
The Planning staff also recommends that Condition 42, approach-departure
zone, be modified to reflect the need to control naturally occurring obstacles
in the zone and be reduced to 2000 feet in length, beginning 200 feet beyond
the ends of the runway, based on the possible intrusion of a 100 foot tree into
Fl,e in.1 ar.r.rnari�-r3cnartrc cirfaro. The nraadnna of man-mama nhRtarlart in thw
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approach-departure surface would be controlled by Section 8.8.17 BAS5iD_A,nd
Television Transmitting and Receiving Towers, and Elevated Water Storage Tanks
(Class B Special Use) of the Zoning Ordinance. The 100 foot tree height is
suggested based on evidence presented at the public hearing that loblolly, long
leaf and short leaf pines, typical of tall trees in this area, will generally
reach a maximum height of 100 feet. Duke University School of Forestry staff
is in agreement with this information noting that it assumes trees of 80-100
years of age and good site conditions.
Richard E. Whitted swore in Planning Board Chairman Logan Irvin who
amplified Planning Board recommendations and answered questions on the
projected length of the free zone.
Richard E. Whitted adjourned Public Hearing.
Commissioner -Walker moved and Commissioner Lloyd seconded the motion that
the applicant be required to have a 3800 foot runway and provide a 1200 foot
clear zone at either end of the runway. VOTE: Ayes, 3; Noes, 2 (Whitted and
Marshall)
Commissioner Walker moved and Commissioner Lloyd seconded the motion to
delete the requirement of 50% training flight limit. VOTE: Ayes, 2; Noes, 3
(Whitted, Willhoit and Marshall) .
Commissioner Willhoit moved and Commissioner rarshall seconded the motion
that the applicant be required to provide access to Teer Road for fire
protection purposes utilizing Pleadowcrest Road or one of the alternative roads
as shown on the map displayed by the Planning Staff and on file in the Planning
Department. VOTE: Unanimous.
Commissioner Walker moved and Commissioner Lloyd seconded the Planning
Board recommendation that the applicant be allowed to have the following
accessory uses: lounge, maintenance shop, pilot ready room, flight training
area, parts sales and service, aircraft radio sales and service, flight plan
room, restrooms, vending machine area, locker rooms, aircraft sales offices,
offices for airport manager and staff, and a concession area. VOTE: Ayes, 3;
Noes, 2 (Whitted and Marshall) .
2. James Rae Freeland Rezoning. Rr1_tog-5 : Marvin. Collins made
presentation. After discussion and questions centering on density, buffers and
recreation space, Commissioner Willhoit moved to refer this zoning back to the
Planning Board to consider further the traffic pattern and recreation space.
Commissioner Whitted moved the motion out of order for a rezoning.
Commissioner Walker moved, Commissioner Marshall seconded approval of rezoning
35.11 acres of land owned by James Rae Freeland from R-1 to R-5. Ayes 5.
3. Clyde, H. Bow=_ P.1at Commissioner Walker moved,
Commissioner Lloyd seconded approval of the Preliminary Plan for the property
of Clyde H. Bowden, Phase III. VOTE: Ayes 5.
After a break, Commissioner Whitted rearranged the Agenda, providing that
after E-4, the Board would consider E-8, E-9 and E-20.
4• itiDn�s� �,7Dp��__.� kulzxi D_ Stats^Maintained
Secondary Roads System Commissioner Whitted moved, Commissioner Walker
seconded approval of the petition from North Carolina Department of Trans-
portation for approval of the addition of Lonnie Drive, Jaspers Lane and Luther
Drive in Joppa Oaks subdivision to the state-maintained Secondary Road System.
VOTE: Ayes 5.
8. C9I7 ium_ Contr-A� Db IrainiI1g-- Partnershin_�
(JTPA) Bill Purcell and Beverly Whitehead were available to answer
questions. Commissioner Whitted and Ken Thompson had been authorized by the
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Board to negotiate a consortium agreement for JTPA. Commissioner Whitted moved
and Commissioner Walker seconded the approval of the contract with the counties
of Durham and Chatham and the City of Durham to form the Central Piedmont
Employment and Training Service Delivery Area (SDA) to carry out the purposes
of the Job Training Partnership Act, planning and operation of an employment
and training program within the SDA, subject to approval by the County
Attorney, and authorizing the chair to sign the resolution which designates one
of its members as "Chief Elected Official" and vesting in this member signatory
authority. Ayes 5.
9. Aja�ointments-tg_. rjya �
teuzkr Council_- Jo��xs�:LI71n„q Partnership
Act (JTPA) The Board discussed nominations submitted by organizations within
the County and the appointment of five (5) Orange County representatives to a
Council to set policy for and oversee employment and training programs
established under the Federal Job Training Partnership Act (JTPA) . Two
appointments from the private sector, one from vocational rehabilitation
agencies and from each school system. Commissioner Marshall moved,
Commissioner Whitted seconded the appointment of Ed Caldwell for the Chapel
Hill-Carrboro Schools, Dan Lunsford for the Orange County Schools and Michael
Robb from vocational rehabilitation. VOTE: Ayes 5.
Much dissatisfaction and frustration was expressed on the private sector
appointments and the general make up of the PIC leaving an inadequate
representation of community organizations and unbalanced representation of
citizens. Commissioner Whitted moved appointment of N.ildred Council;
Commissioner Marshall moved appointment of Debbie Davis and Commissioner Lloyd
moved appointment of Mike Kirby. Mildred Council and Debbie Davis were
appointed with Mike Kirby as alternate if Debbie Davis was not accepted. 3
votes Council; 3 votes Davis, 2 votes Kirby.
E.20. Efland Sewer Line The Town of Hillsborough has informed the County
that the proposed agreement (see pages ____ for copy of proposed agreement) was
not acceptable. The town thought the secondary agreement with the school board
would be cancelled. The Town would contribute up to $27,000 and additional
labor and equipment costs should be reimbursed by the County or the Board of
Education; the County will recover its costs from $200.00 tap on fees.
Among the items of lengthy discussion, Commissioner Whitted stated that
Assistant Manager Laws should inform Superintendent Dan Lunsford that the
county would appropriate money to reset the tank as an interim measure so that
the school might open.
5. Ced rGrnv� Z�]�j�yr Be Center_jyme Acreementis: Commissioner
Marshall moved, and Commissioner Whitted seconded approval for renewing leases
with Wake Opportunities, Inc. and Joint Orange Community Action Agency, Inc.,
(JOCCA) for use of space at Cedar Grove Multipurpose Center and to amend the
existing lease with Cedar Grove Day Care Center to include the following
modifications:
1) . Kitchen & Dini Loom Privilegesg These documents would allow all
tenants use of the kitchen area, but under regulations and schedules establish-
ed by the County.
2) . County Agent: To avoid confusion as to whom the tenants should
contact in matters relating to the Center, the Director of Recreation and Parks
or his designee has been named the County's agent.
3) . Sar�_f'paae: The new leases reflect changes in space allocation
that have occurred over the past year.
4) . Terl�Li2] ti�D_Rate: The lease renewal agreements will run until June
An_ 7 QRd_ Tha 1 PaicP for noaAr Group nav Cara riantAr wi 11 rnfia nn for renewal
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on September 30, 1983. The complete documents are available for review in the
Clerk to the Board of Commissioner's office. All documents have been signed by
the heads of the respective agencies involved. Vote: Unanimous.
6. ta e-Contract: Commissioner
Walker moved, Commissioner Lloyd seconded approval to purchase the 1984 animal
control vehicle through State of North Carolina Purchasing and Contract
procedures. Vote: Unanimous.
7. Prpgerty Djzpgan1 proceduxm�.L Mark Rees, Director of Purchasing and
Central Services presented a resolution authorizing him to dispose of personal
property, with the exception of vehicles valued at less than five hundred
dollars, ($500.00) . Commissioner Whitted requested further clarification on
the procedure and criteria Eor setting the value of property.
10. Street _ - _-No.z.thern _ Fairy ew-C R Order:
Commissioner Tmhitted moved, Commissioner Walker seconded approval of a change
order for the Community Development Street Improvements. During street
improvement activities, four unforseen construction items were added to the
contract - (1) connection of residential water drain line to street drainage
system, (2) installation of additional driveway pipes, (3) connection of two
concrete driveways to new paved street, and (4) regrading of shoulders and side
ditches as a result of power pole relocations. All changes were reviewed and
approved by The Jahn McAdams Company, consulting engineers. Total cost of
change order $560.00. Vote: Unanimous.
11. Deleted
12. Deleted
13. watpr.. Sewer eI1S1 �psP„�vS�1rE'S !?]15��__� std1'---A4ueement a
Commissioner Lloyd moved, Commissioner Whitted seconded approval of the
agreement with The John R. !McAdams Company for a water/sewer extension and
reservoir development study of Cheeks Township contingent upon an okay from
Geoff Gledhill that the agreement is in good order. Vote: Unanimous.
14. Noise QrdinanCp__=__Ser__ond ding; Commissioner Walker moved, and
Commissioner Whitted seconded the approval of the Noise Ordinance to become
effective on August 15, 1983. VOTE: Unanimous.
16. Ad xoC_� h�1_._.Sa.te7Need&��Sk�FQs� County Manager, Ken
Thompson, presented for consideration the creation of a task force to examine
the Capital needs of The Orange County and Chapel Hill/Carrboro School system
and recommend financial needs. Further clarification on the number of people
on this task force and the time frame to work out these needs will be presented
at the August 16, 1983 meeting.
17. Project, Ordinanae Amendment- (See page for a copy of this
Ordinance) Commissioner Walker moved, Commissoner Lloyd seconded approval of
the 1980-81 Project Ordinance amendment to close out the - fiscal year 1980
Community Development Block Grant per HUD request. Vote: Unanimous.
18. Budget Amendpke=: Commissioner Marshall moved, Commissioner Whitted
seconded approval of the following budget amendment to budget the Orange County
Housing Authority for the remainder of the calendar year 1983:
Housing Authority:
Appropriation:
Section 8 $500,000
Moderate Rehab 170,000
Source:
Section 8 Grant 500,000
Moderate Rehab Grant 170,000
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Vote: Unanimous. 7
19. Rudaet Anpn6rient Commissioner Walker moved, Commissioner Lloyd
seconded approval of the budget amendment as follows for additional funds to
purchase a used wrecker to be used by the motor pool.
Capital .Projects Fund:
Appropriation:
Capital $(11500)
Source:
Transfer To/From General Fund (1,500)
General Fund:
Appropriation:
Public Works 11500
Source:
Transfer from Capital Projects
Fund 1,500
Vote: Unanimous
15. Cab1Q T�V•
County Manager Thompson presented for consideration of the Board a request
from Alert Cable TV for amendment of its preexisting permitted use franchise to
allow it to extend its services beyond that prescribed.
Commissioner Willhoit indicated that the County does have the authority to
grant franchises for cable TV.
It was the consensus of the Board that standards be developed for the
County to follow when awarding franchises. At a minimum the standards will be
the same as those adopted two years ago.
With no further business to come before the Board, by consensus, the
meeting was adjourned.
Richard E. Whitted, Chair
APPRovED 4/17/84
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ORANGE COUNTY
PROPOSED
1980-81 PROJECT ORDINANCE
AUNT
The 1980 - 81 Project Ordinance of-Orange County as adopted on December
31, 1980, and subsequently amended, is hereby amended as follows:
FJN])•�•ITEK 'INCREASE/(DECREASE)
Community Develupment'MI
Administration - Personnel: $ (8,218.)
- Operations
- Equipment (2,617.)
Rehabilitation - Personnel' —
- Operations ( 109.)
Acquisition'•of Real Property 10,835.
Private Property f • 72.)
NPD (11,804.)
Publi6 Facility Improvements 11"985.
Apprayed this day iif 1983.-
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