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HomeMy WebLinkAboutMinutes - 1985040104~ MINUTE S ORAnY~ CO[7NI'i' PC~R~1 CF CQ~LN!T_SSIONERu° R~~+R MEk~TING APRIL 1, 1985 The Orange County Board of Commissioners nit in regular session or. April 1, 1985 at 7:34 p.m. in the Commmissioners' Room in the Orange County Courthouse, Iiillsborough, North Carolina. CCMNiTSSTONERS PRESk~: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. A'I'1~RI~Y PRESEi~7r: Geoffrey Gledhill. STAFF PRFSENP: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Director of Community Aevelapment Wilbert McAdoo, Planner Susan Smith and Clerk and Administrative Assistant to the Board Beverly A. Blythe, NOTE: The meeting was iroved to Superior Courtroom to accomm~date the number of people in attendance. E. PUBLIC HEARING 1. Cr1+~'fUNITY DEVEL~)PMEDTr APPLICATION The purpose of the public hearing Gras to receive public aommYnts on the 1985 small city CDBO application for the Rancher Street area. The application included: (1) upgrading of the water lines, (2) installation of sewer line, (3) street improvem~-ts, (4) property acquisition and (5) housing rehabilitation and various other activities. Tony Walker, citizen from the Cheeks/Miles area, questioned the point system used in determining the project area and Wilbert McAdoo explained that the lack of bathroom facilities was the deciding factor with eight outdoor facilities i.n the Rancher Street area ar~d four in the Cheeks/Miles area. walker indicated that in addition to the four houses with outdoor facilities, seven others in the Cheeks/Nliles area have no facilities at all. McAdoo indicated their survey did not indicate seven dwellings with no facilities at all. Another factor considered was the ability to provide facilities. The Rancher Street area is capable of being served by a sewer line. McAdov stated that the houses with no bathroom facilities would be in violation of the Orange County health standards. Chair Willhoit indicated that most likely the Cheeks/Miles area would be the next area considered for a rehabilitation grant. Commissioner Marshall suggested making a policy on the use of Section 8 surplus funds to help those situations where there is an extreme need. She expressed concern that seven occupied homes do not meet health standards. Commissioner Walker stated he felt the areas needed to be investigated i[nre thoroughly before a final decision on a specific area is made. Josephine Holman, a resident of Rancher Street, e_~pressed her desire to see the money used in the County rather than nowhere at all. Alonzo Walker, Cheeks/Nliles area, felt the survey was not done properly and that the people should be personally interviewed. Maggie Lane, Rancher Street Area, noted there are definite needs in both areas. 05G Tyson L. Coble, Cheeks/Miles area did not understand the choice had been made and could not be reversed. She felt that both areas have definite needs. She requested the Board present the best pJ,an with the best possibility of receiving the money. Chair willhoit explained that several communities were ranked; the first grant was received for Northern Fairview and the second one for Councilville aril Rencher Street will be the third area aril was chosen because of its greater probability of receiving the funds. In answer to Norman Walker's comitlent, Willhoit explained a decision had had to be made about the area before the Public Hearing could be held. Coble expressed concern for fixing up homes which are rentals and McAdoo explained the purpose is to serve the people, not the homes or the lardlord. THERE BEING NO FUR'1~'R CCMMENIS, TfIE HEARING WAS CL0.5ID. P_. BQARD CQ'7MENTS Commissioner Lloyd stated the Flea Market on Buckhorn Road held their grand opening. He summarized the traffic problems created because of only one entrance off of Buckhorn Road where the traffic must ingress and egress. Patrolmen Wade and Moore spoke in support of some corrective action and gave their observations of the situation. ?~'-eY indicated that a second drive and additional parking would help eliminate the problem. Commissioner Marshall noted that this kind of situation,happens when there is a nonoonfozming use and suggested the owner request what needs to be done to become a conforming use. Chair Willhoit referred the problem to the staff for their recor<miendation. B. AUDIr~iVCE COMMENTS 1. MATTERS ON T9E PRINK AGEDIDA Membexs of the audience indicated they would like to speak to items 8, 11, 16 and 17 on the agenda. Ttrey will be recognizeol at the appropriate time. 2. MATTERS NOP ~ ~ PRINI'FI1 AGEI~IDA None. C. MINUTES MARCH 6, 1985 Several corrections were made to the minutes. They will be corrected and submitted for approval on March l9, 1985. MARCH 12 1985 Motion eras made by Commissioner Marshall, seconded by Commissioner Carey, to approve the minutes for March 12, 1985 as corrected. WTE: UNAD72NlOUS. S. 5CHODL MERCER SP[IDY CCr'IlKISS~ON Chair Willhoit explained the proposed three-step process: (1) determine the desire to move ahead with a citizens committee to study school merger, (2) solicit applications from those who would like to serve, and (3) refine the charge. Commissioner Carey stated the school merger issue is being discussed at the state level and will have implications on the future funding of bath school systems. Fie expressed support of the study vommission, noting the study would provide information on the impact that a merger would have on both school systems and the two School Boards. ~~~ Commissioner Walker views the study as one step towards merger and stated that the people in Northern Orange County see it as a takeover of their schools by the Chapel Hill School Board. Ee voiced opposition to a merger. Commissioner Marshall noted the importance of the study, stating the information will enable the Board of Commissioners to make better funding decisions. Merger would move the two systems toward parity although it may cost more to have a better school system for all the children of Orange County. The information from the study may show that money can be spent in other ways to get other results. Cscar Compton, former School Board member, indicated his interest in the children of Orange County. He opposed the study stating he sees no reason for having a study since the school systems are not interested in having this study. He feels there are differences in the school systems and sees no advantages in getting additional capital funds far Orange County Schools through merger. He noted he has heard nothing from the legislators about merging school systems for several years. Norman Haithcock, Orange County School Eoard Chair, voiced opposition to the study stating the people in Northern Orange County want their own school and the study is a threat of their security. Chair Willhoit emphasized the importance of knowing the implications of merger in case it is forced upon the two systems in the future. Libba Wells, Orange County School District, spoke in support of the merger study stating she wants the best education for her children. She feels the study is working ahead systematically. Brenda Alexander, Orange County School Aistrict, opposed the feasibility study. 'I'he study at this time would be outdated 10 years from now. She questioned the cost of the study and Chant TfTil].hoit indicated a cost would be incurred only if a consultant was hired to do the study. She feels Orange County does not fit the mold and cited Dr. Spencer's comment that "we do not fit the mold". She read comments that were made at the Board of k7ducation Meeting. She expressed concern that the task force wild create an extra workload on the school administrative staff. Commissioner Carey rued that part of fitting the mold for merger has to do with whether or not the Commissioners feel aortifortable in making capital funding expenditures and the Commissioners are faced with various capital requests from both systems. Commissioner Marshall emphasized the effort made by the Board to find funding for the capital improvements needed by both systems. As growth increases the information received from this study will fit in with the kind of land use planning, utility planning and transportation planning needed for the next 20 years. The issue of how merger might or might not fit in with these plans is important. All alternatives need to be reviewed so the schools can get the best for the children out of the money that is available. Commissioner Lloyd noted that if a merger study is done it should be done by the state. Since the County Board voted not to support the feasibility study he questioned the value of doing the study since a study done at this time would be obsolete fn three or four years. Myra Curton, Orange County schools, noted a wncern about the District Tax in Chapel Hill and expressed a concern that an increase in property taxes would be needed in order to equalize salary supplements. She expressed concern about the differences in attitudes with relation to the new school district and new school board. ~5~ Sharlene Pilkey, Vice Chairman of the ABC Board who makes contributions to both systems and Chair of the High School Advisory Board, spoke in suppozt of the mergez study. Jeanette Jones, Chapel Hill School District, referred to the eight criteria that must be met by merger and the fact that Orange County only meets one of the eight and sees no need for the study. She expressed concern about the makeup of the committee. She asked if city taxes that go to Chapel Hill would be divided and questioned the raising of the County tax and the value of doing the study at this time which will be absole~e in two or three years. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd, to table the merger study. VOTE: AYES, 2; NOES, 3 (Chair Willhoit aril Commissioners Marshall and Carey) Motion was made by Commissioner Carey, seconded by Ccm¢nissioner Marshall, to proceed with the advertisement for recruitment of people interested in serving on a proposed study committee. VOTE: AYES, 3; NOES, 2 (Commissioners Lloyd and Walker) Chair T.aillhoit requested the County Manager recomtend the process for representation and the charge for the study can¢ni.ssion. 11. LC~2ETI'A R. SMITFI--PRELIMINARY (A copy of the recommendation of the Planna.nq Board is on file in the office of the Clerk to the Board.) Susan Smith presented for Board approval the Preliminary Plan for Loretta R. Smith Subdivision. The property is located in Cheeks ~wnship on East Lebanon Read, part of lot 7, tax map 14. The property is zoned A R and is designated Agricultural-Residential and water 51~pply Watershed in the L~rxi Use Plan. Motion was made by Commissioner Carey, seconded by Comunissionez Walker to approve the recommendation from the Planning Board for the preliminary plan for Loretta R. Smith Subdivision. VOTE: UNANJMOUS. 16 ZONZI~ QI~INANCE TEXT AN~IDMEI~72' ARTICLE 4-EKTRACTIVE USES (A copy of the approved amerdment is in the official Ordinance Book in the office of the Clerk to the Board) Susan Smith presented for Board approval a proposed text amendment for Article 4 Permitted Use Table of the Orange County Zoning Ordinance. This amendment would limit the location of extractive uses to the two base residential districts (Agricultural-Residential and Residential-1) and to the Lndustrial districts (Iir3ustrial-1,2,3) and to prohibit these uses in the remaining residential and caq[mercial districts on a Class A Special Use Permit basis. Leonard Phelps, owner of 32 acres off of old 86 which is coned agricultural a_*~ residential, expressed concern about a quarry being opened and does not want that kind of industry imposed upon the area. Tiffs main concern is the pollution of the water. Susan smith explained the water issue will be addressed in Article 8 (next item) regarding standards and the additional information that will be required from the applicant. The proposal would significantly limit the location of extractive uses and provide conditions of approval that would govern the special use permits being issued. Commissioner Marshall indicated she would rather not see extractive uses permitted in residential areas. Motion was made by Commissioner Marshall, secozx~ed by Commissioner Carey, to amend the Zoning Ordinance to change the text amendment Article 4 ,~~,-n,i ~-~~ „tea tar,l P to ai 1 r~.~ tr,e 1 cxati on of extractive uses umn issuance of a D~,~ special use permit in the A R and Tndustrial T, TI, arx7 III distzicts and prohibit these uses in the rer!+~~n~ng Residential arx7 Commercial Districts. Susan Smith stated these uses would be permitted, under the proposal, in the zoned townships in t_he Northern half of ~T~.llsborough, Eno and Cheeks T2Fmship, western half of Bingham Tow!~ship ark ir_ the activity nodes designated for industrial use along 85~heeks Township and the two activity nodes closest to Durham along 85. Wig: J^T~4D)IMOUS. 17. ZONING O1~TNANCE Tk:XT AM~MQ~1' ARTICLE 8 - EXZRACTIVE USES (A copy of the approved amendment is in the official Ordinance Eook in the office of the Clerk to the Board.) Susan Smith explained this amerxlmert would expand on the curzent ordinance requiring the applicant to submit mwterials addressing relationships ::~th and impacts on adjacent properties and facilities. Phelps again expressed his cor_cern of pollution ar!d lass of the water table and asked if anything could be done to insure against this happening. Geoffrey Gledhill indicated that perhaps a bor~t3 should be required of the quarry. Motion was made by Commissioner Marshall, seconded by Comr~zssioner Carey, to approve the recoar~c~endation from the Planning Eoard to amerx3 the Zoning Ordinance as proposed, to revise section 8.8.1.21 to provide fora 250- foot setback arx3 the problem of damage to adjoining property owners ark restitution to same should the property be hard be referred to the Planning Board for a recommendation. VOTE: UiZANTMODS. 13 _ pR(k?OSED ZONING ATIAS Atvr~nmrrFnrr FCC ~rz+,Rw.nx~ WAYD]E DDBX (A copy of the approved amendment is in the officia_1 Orai_~nce book in the office of the Clerk to the Board) Marvin Collins presented for consideration a Zoning Atlas Amendment for Cheeks Township for property located in Cheeks Township that was not included in the list of non-residential uses which was submitted to public hearing in November 1983 and approved in October 1984. The property is owned by Clarence Wayne Doby and is used for a greenhouse. The Planning Board reconm~ends approval of the requested existing Commercial V zoning for a portion of the property 200' x 200' as measured from the southwestern corner along the southern and western property lines. Motion was made by Co?!eti_ssioner Walker, seconded by Commissioner T1oyd, to approve the recommendation fXOm the Planning Board except changing the size of the property to 200' x 300'. Commissioner I1oyd pointed out that Mr. Doby plans to put up four greenhouses. The area between the road and the greenhouse (1l0 feet) will be used for park~.ng. His request of going 300 feet deep would prevent Mr. baby from having to return later for rezoning when he does expand. Commissioner Marshall indicated that the existing commercial zor_e is tO recognize that which is there and does not allow for expansion. ~e questioned the process of how the adjustments are made and expressed her concern for equal treatment of everyone. Geoffrey Gledhill stated there is no problem in approving the 200 x 300. VOTE: AYE`S, 3; NOES, 2 (Co~nissioners Marshall and Carey) NC1l'E: NORMAN WAIRER I,EE'T THE MEETING AT 10:45. (?.5 4 2. JTPA--PLAN MC~]IF_T_CAT~ (A copy of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Soard.) Kenneth Thompson presented for consideration five modifications. Bob Ferguson, Di.recter of the JTPA program, stated that participants from Orange County accounts for 20~ of all training activities. Ferguson explained that number four of the agreement brings in a second year of funding with continued activity which is the same as last year. The same basic approach is used with ~5 with the possibility that the total figure may be different. MAtion Was made by Commissioner Carey, seconded by Commissioner Lloyd, to approve the reco~--~nendation as presented by the Manager. VC~l.'E: UiT~NIM0U5. 5. RESOLUTION ESTP,BGISHING _7IIST CQ!~EEN«'-ATION FOR ACQUISITION (A copy of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board.) Motion was made by Commissioner Carey, seconded by Commissioner Marshall, to approve the Resolution of Just Compensation values for right~f- way acquisitions totaling 514,769.00 and the acquisition of six dilapidated dwellings totaling $13,045.00 in the Councilville Gonmoanity Development area. VOTE: Ul~1~T.Q•'lOUS. 6. FiIXJSINC, REHABILITATION CpN2RAGT AWA1~7S Motion was made by Commissioner Marshall, secar~ded by Commissioner Carey to approve awarding the following contracts: Dwelling #22 Morrow Construction Company 523,069.00 Dwelling X23 Samuel English Contractor S 5,275.00 Dwelling X29 Gates Construction Company 5 6,440.D0 VOTE: UNANIMOUS. 7. COUNCZLUILLE SPREEI' II~RpVII~,II1!' AWARDS AMID FROGRANi AME[~IDM~1' 7U TRANSFER FUi~IDS (A copy of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Chair Willhoit, to approve a program amendment to transfer 598,125 to the street improvements budget, to award the street improvements contract to Mellott Construction Company, Inc., Carrboro, N.C., and to authorize the Chair to sign the contract. VOTE: UNANIMOUS. 12 PRICE'S CREQi--PRELIMINARY The preliminary plan for Price's Creek was presented for Poard approval. The property is located in Chapel Hill Township off Poythress 13aad and is known as lot 7, tax map 120. Seven lots are proposed out of ~~?rox;,,,~te1y forty-four acres. The property is zoned R-1 and is designated u~,r21 Residential and Water Supply Watershed in the Land Use Plan. Motion was made by Commissioner Marshall, secorxied by Commissioner Lloyd, to approve the Preliminary Plan for Price's Creek subject to the Erosion Cor_trol Officer's requirement that states: "Before final approval of the subdivision is given, details of the detention pond must be provided based on more detailed survey of the detention pond site." VOTE: iR3ANTMOUS. 14. PROPOSEb Z C~TNANCE TEXT AMEnID~7P ARTICLE 4 - VEftiZCLE SALES/REAF'AT G IAT CC-3 ZO~T_TNG DISTRICT (A co~,~ of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Conmii.ssioner Moses, to deny the request that the Orange County Zoning Ordinance be amerx3ed Q5~ to provide for motor vehicle sales/rentals as permitted use in the CC-3 district. VGTE: UNANINOUS. 15. PRCPOSFI) Z~7ING C~INANCE TE)iT AMENDMENP~,RTICLES 8 and 4 -SPECIAL USE_ PF,F?MITS FOR MIxF~ (ISE OF_ ~SI'CRI_C crizru±rrmF~ (Amendment recorded in full in the official Ordinance Book in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Cor~¢nissioner Carey, to approve the amendment to the Zoning Ordinance to allow for the non- residential and mixed use of historic structures, to revise 8.8.24.2 Standards of Evaluation as indicated by uru7erlining, and to delete the ward "Exterior" in item (c). Wig: UNANTMOUS. 18. ZONING ORDINANCE TEXT AMENT~MENI~ARTICLE 2 - A_9PEAL ~' DF7CISION OF ZONING OFFICER (TIME LIMIRATION) (A copy of the approved amendment is in the official Ordinance Book in the office of the Clerk to the Board.) Motion was made by Commissioner Carey, seconded by Co¢taru,ssioner Marshall, to amend Section 2.3.7.2 of the Zoning Ordinance to extend the tim? period within which an appeal for an interpretation of a determination by the Zoning Officer may be filed from fourteen (14) to thirty (30) days for approval. VOTE: UNANIMOUS. 19. Z NG OBI TEXT AMEI~IDMENI~ARTICLE 3-OF'FICIA,L ZONING ATiAS ~iEPLACEMENI' (A copy of the approved amendment is in the official Ordinance Book ,r_ the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, seconded by Car~issioner Willhoit, to ar~rd the Zoning Ordinance, Article 3, to allow for replacement of the Zoning Ptlas by the Planning Department as needed. VOTE: U1~,NIMOUS. • 20. SUBDIVISION REGULATIONS TEXT AMENDMEN'I~-DEE'ID7I~'IONS (A copy of the approved text amendment is in the official Ordinance book in the office of the Clerk to the Board.) Motion was made by Commissioner Marshall, secorr3ed by Commissioner Carey, to amend the Subdivision Regulations replacing the current definition of a Subdivision -defined with the definition consistent with the State's general enabling legislatior_. VOTE: UNANIMOUS. 21. ZONIn~ ~T)Ir~~rw TF..f' CT AM~T~M~Tl~ATZTIC~ B - SITE_ PIA.~17S (A Copy of tYle approved text amendment is in the official Ordinance Book in the office of the Clerk to the Eoard.) Motion was mace by Commissioner Carey, seconded by Commissioner Marshall, to amend ?-~ticle 8 ~ i i Use Pe*-r~'ts to reauire that the applicant submit twenty--six (26) copies of a Class A Special Use Permit site r1a*? end ten (10) copies of a Class B Species Use Permit site plan to meet the submittal requirements. VOTE: UNANIMOUS. 10. CQ3P(TI~R S~"lWARE SALE Motion was made by Commissioner Lloyd, seconded by Commissioner Carey, to continue the CouT!ty's practice of sharing data processing software with other public bodies at no charge, with the County retaining ownership rights of what it has developed, axx3 to authorize a pricing and sales agreement be developed for vendor organizations wishing to purchase the software for resale. ~rrmc. rrnrn~rrnry-vTe (~ 56 1. HEALTH VOTE PROCIAMP,TIC67 (Proclamation recorded in full in the Minute Eook page ~. , Motion was made by Commissioner Carey, seconded by Commissioner Marshall, to declare April 15 Health Vote Day and to encourage the public to participate in the campaign. VCTE; UNANIMOUS. 3. SEWER TREATMENP AGREEMENT' AME[~IDME~7PS REOUESTID BY HILLSBOROUGH item delayed until April 16, 1985. 4. UAL OPPORTUNITY AND NL~N DISCRIMII~TION AGREF~I'S FME~, F0~'I 400-1 AMID 400-4 (Copy is in the permanent agerr3a file ir. the Clerk's Office.) Motion was made by Commissioner Carey, seconded by Commissioner Marshall, to approve the two agreements as required by Farmers Home Adminis- tration in order to receive requested funds for the Efland Ses~r Project and authorize the Chair to sign same agreements. VOPE: UNANII~IOUS. n. APDoxrmnENTs Item delayed until P.pril 16, 1985. 9. BUDGE'T' Alm PRQ7E<~ C&~INANCE AMF'AinMF'nTi'.G Motion was made by Commissioner Carey, seconded by Commissioner Marshall, to ame*ed the 1984-85 budget ordinance and project ordinance by the following budget amendments: Appropriation-~On¢nission for Women S 500 Source-Commission for Women Grant ~ 500 Appropriation-Housing Authority--Fisting Rental and $ 1,155,192 Utility Payments Appropriation-Housing Authority-~fod Rehab - Rental $ 350,016 and Utility Payments Source - Housing Authority-Section 8 Existing S 1,155,192 Source-T~using Authority--Sectien 8 - Mod Rehab $ 350,016 V(rI'E: UNANIMOUS. G. EXECUTIVE SESSION Motion was made by Commissioner Carey, se~r~ded by Commissioner Marshall, to adjourn tp Executive Session to discuss a property matter. WEE: UNANIMOUS. F?. ADJ~ Chair Willhoit adjourned the meeting at 12:05 p.m. Next meeting: April 16, 1985, 7:30 p.m., Courtroom in the Old Post Office in Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk 56 A PROCLAMATION ZED DpGGARE APRIL 15 HE'~AL7.ii VOTE DAX IN ORANGE. COUNTY WF~AS, the North Carolina Foundation far Alternative Health Programs Incorporated initiated the ].985 Health vote 85 Carnp~aign on March 1, 1985, and ~, the Aealth Vote 85 Campaign will provide the citizens of Orange County with a chance to hear and discuss issues affecting the cost of health services they will receive, and W~REAS, bit the year 1990 the average family could be paying more than $8.000 each year for health care. and WAS, the national exper~itures for health have risen 82.5 since 1974 and oor-tanues to consume lO.St of our gross national product. and WBRRFAS, fn 1984 national expenditures far health care averaged $1,500 per person ccanpared with less titan $l30 per person in 1960. and WBERFAS, Health Vote 85 is a ,~+~ty based public information campaign to help eomsun'iers make ixs€ormed choices about health care. TR~REPbRE, BE IT RESO~,VFA that the Oranc~ County Board of Ccarnnissioners declare April 15, 1985 as Health Vote Day in Orange County and urge all citizens participate in the caarrpaign. `~ ~ ~ ,? . ~f CB~t Attest: -~-~~ 'Y.: