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HomeMy WebLinkAboutMinutes - 19850603MINUTES DRANGE GOUNTY BOARD OF COP~ISSIONERS ~ J ~ ~ 0 rf REGULAR MEETING t JUNE 3, 1955 The Orange County Board of Commissioners met in regular session on June 3, 1985 at 6:30 p.m. in the Commissioners Room in the Courthouse in Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Willhoit and Commissioners Shirley Marshall, Moses Carey and Ben Lloyd. C01+AiI$5~9SIER_AB5ENT~ Commissioner Norman Walker. T R Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Director of Personnel Beverly Whitehead. Planner Susan Smith, Director of Heslth Jerry Robinson, Assistant Gounty Manager Albert Kittrell, Director of EMS Bobby Baker, Planner Gene Bell, and Clerk to the Board Beverly A. Blythe. A . - BOARD C OMME1~'T. S Chair Willhoit added to the agenda for discussion a letter from Mayor Frank Sheffield in which he listed the modifications to the proposed Efland Sewer Line agreement. NCE COMMEh j, MATTERS ON THE PRx,~$~I~A None. 2. MATTERS„hTQ~_ ~JN, ~i$,,,g~a~D AGENDA None. , C. MINUTES Motion was made by Co:meissioner Carey, seconded by Commissioner Marshall to approve the minutes fox April I, 19$5 as corrected. VOTE: UNANIP'MQUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes fox April 16, 1985 as corrected. VOTE: UNANIMOUS. Motion. was made by Commissioner Marshall, seconded by Chair Willhoit to approve the minutes for May 6, 1985 as corrected. VOTE; UNANIMOUS. D . A~ I~NTS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve reappointments as follows; ABC BOARD -Caleb Moore, Sharlene Pilkey ECONOMIC DEVELOPMEA'T COMMISSION - Jphn McKee, Harold Thornton JURY COI~II5SION -Ruth Long ORANGE GOUNTX LIBRARY BOARD OF TRUSTEES - Helen Herifprd P.ECREATTON ANA PARKS ADVISORX COUNCIL - Lorraine Farkex BOARA OF HEALTH - Rosetta Moore. Emil Chanlett ORANGE COUNTY SENIOR CITIZENS BOARD -Arthur Whitted DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Mary Warren CHAPEL HILL PLANNING BOARA - Don Francisco, Julian Raney VOTE: UIdANTM0U5. C NI " $~~O~j. ~QIZ- WOMEN Motion was made by Commissioner Marshall, seconded by Commissioner Carey to reappoint Gail McClain Hayes to the Coum?ission for Women. VOTE: UNANIMOUS. k~CQ~VpAR~' ROAD IMP$Q__ n'T ~sSQ,~2~'_CDMMITTEE aoo~~8 A9otion was made bq Commissioner Carey, seconded by Commissioner Lloyd to appoint Robert L. Sheppard to the Secondary Road Improvement Advisory Committee. VOTE: UNANIMOUS. ORANGE COUNTY SENIOR CITI7EN5 BOARD Motion was made by Commissioner Marshall, seconded by Commissioner Carey tc appoint Lu1a Mae Cotton to the Orange County Senior Citizens Board, VOTE: iNANIMOUS. pOMICILI¢~' EOME_ A~~r541~ COMMITTEE Motion was made by Commissioner Nfarshall, seconded by Chair 4iillhoit to appoint Linda Rahija to the Domiciliary home Advisory Committee. VDTE: UNANIMOUS. S R D SIO" 5. T~IAN SPRINGS-PRE~,~RY Planner Susan Smith presented for consideration of approval the Preliminary Plan for Indian Springs Subdivision. The property is located on 5R I005 in Bingham Township. The tract is designated as Agricultural-Residential on the Land Use Plan. Twelve lots are proposed out of 20.14 acres. The property is zoned A-R. The applicant is requesting approval of a Class ~B~ private road with access to 5R I005, a road designated as an arterial street in the Land IIse Plan. 3usan Smith indicated the number of lots in the subdivision was used as a basis for recommending a public state maintained road. Robert Epting, attorney representing the applicant Tony Clark, stated the road will serve nine (9) lots. The guidelines of the Private Rcad Standards states that a Class ..B.. road may service 4-9 lots. The developer is trying to keep the cost low. a paved road would add approximately $3,000 to the cost of each lot, The road would serve other lots for which no remuneration would be received. He asked that the Board approve the subdivision and all the conditions recommended by the Planning Board with condition Q5 changed to read that the access be shared without any reimbursement for maintenance. Epting questioned how to stipulate a requirement that when development occurs on the adjacent tract that the developer participate in maintenance costs. 3usan Smith explained that the tract adjacent to the proposed subdivision is essentially a mirror image and has less than 400 feet of frontage. It makes sense to use just the one road instead of having two roads so close together. Geoffrey Gledhill suggested a requirement be imposed on the subdivision which would require the owners of the adjacent property to agree to pay for maintenance of the road to the same degree as the original subdivision and would allow only one access to the development. He expressed concern about additional use of a private road versus construction of a public road built to state standards. Epting offered as a compromise that the road be constructed to the width of a Class ~A~ road along the portion subject to the mast use. Gledhill noted that under present agreements, the development which triggers the upgrading of the class of road, pays for the improvements. rlotion was made by Commissioner Careya seconded by Commissioner rarshall to approve the recommendations of the Planning Board (listed below) with the addition to number four that 433.54 feet of the road from the entrance at 5R 1005 to the point where it turns off be expandee. to Class ~A" width with 0~~:f x.09 the intent that that portion be upgraded to state maintained standards at the point when the adjoining property is developed. Commissioner Garet' questioned how the new owners would be informed of these restrictions. Epting questioned the mechanism fox requiring new developers to upgrade and pay for a portion of the maintenance costs. Gledhill clarified that the road would be maintained by the owners whether the road is public or private until the state accepts the road for maintenance. Chair 4iillhoit requested that the attorney provide the wording for C5 so that the Road Maintenance Agreement include the stipulation for ~+~idening the initial portion of 433.54' tv Class ..A.. standards with the intent that it be brought up to state standards when the adjoining property is developed. Gledhill asked that he review and approve language to that effect proposed by the developers attorney. Commissioner Carey moved the amendment to the motion as specified above. Planning Board recommendations are: (1) a control corner be shown on the plat (2) indicate the lot area outside cf the right-of-way and label as such (3) indicate on the plat that no activity will be allowed inside of the 50' stream buffer (4) a Class ~B~~ pxivate road be constructed to Orange County Road Standards as requested by the applicant (5) the Road Maintenance Agreement include a stipulation which would allow the adjoining txact (Lot 16A). upon developing the tract, to use the easement (private road). VOTE: UNANIMOUS. Susan Smith presented for consideration of approval the Preliminary Plan for Stormy Acres Subdivision. The property is located in Chapel Aill Township off Aavis Road (SR 1129). Six lots are proposed out of approximately 10.9 acres. The property is zoned A-R and is designated the same in the Land Use Plan. The applicant proposes a Class A xoad to serve the six lots. The Planning Staff recommended a state maintained road. The Planning Board motion for approval with a Class ~~A~ road failed. No subsequent motion eras heard on the item upon directive of the Planning Board Chair. Alois Callemyn indicated that if the six (6) lot subdivision with a Class ~A~ road is not approved> the developer would combine two lots making it a five lot subdivision. He pointed out on the map that lot three is not served by the proposed road. He questioned the lot count used by staff to determine the recommendation for a public road. Susau Smith explained that a 50-foot right-of -way is proposed to expand a subdivision road previously approved with a partial width right-of- way. The recommendation for a public road constructed to state maintained road standards is based on the number of lots anticipated to be served by the road. including those south of the tract in question. Geoffrey Gledhill pointed out that the ~~lot count process~~ is not the only criteria to be used to decide whether the road should be private or public. Smith reviewed the lots located south of the tract to be served by r'h;Q rnar~ ;f rhoro ;s fitrthar development. ~+J ~~il~ Commissioner Carey commented that a condition of spproval similar to the one attached to the previous subdivision could be attached. Motion was made by Commissionez Lloyd: seconded by Commissioner Marshall to approve the Preliminary Plat for Stormy Acres Subdivision with a Class ~~A~ private road and a stipulation that when lots to the south axe developed the road be brought up to state standards and paved. Gledhill clarified that appropriate language to the Road Maintenance Agreement would be prepared by the applicant's attorney and submitted to him for review and approval. VDTE: UNANIMOUS. 1Z ,._ .R~~~ERMENT AND REINTERMEVLT„Q,~, GRAVES Director of Health Jerry Robinson explained that a plan for the relocation of three or more graves which are in the right-of-way of I-40 had been worked out between the Health Department and NCDOT in accordance with the statues. Motion was made by Commissioner Lloyd, seconded by Cormnissioner Carey to approve the plan as presented by the Health Director for the disinterment and reinterment of three or more graves in the right-of-waq of I-40. VOTE: UNANIMOUS. E.. _ giTBLIC HEARING ~(~~~,ADOQN/N.CDER110TT DRIVES_Q~_ASSE55MENT RE~QIvIITTON Susan Smith explained the public hearing ie to receive public comment on the Preliminary Assessment Resolution. Property owners Thomas L. Davidson, Mannie Walsh. and Leona and Lewis Burke objected to the project and the paving of the road in front of the lots which will not perk and cannot be sold. Laura Yates spoke in support of the project noting that a petition was circulated and the required number of signatures obtained. The people that live in the area must put up with the dust which creates health problems and damage to cars and houses. If the project is delayed, the cost will increase after July 1. The state is paying 7p% of the coat. C. Winstead spoke in support of the project and expressed a willingness to do whatever is necessary to eliminate the dust problems. 3anet Cates. Bill Johnson, Karen Whitfielde and Lester Payne, property owners in the project area, spoke in support of the project because of ` the dust and asked that consideration be given to those who live in the area. THERE BEING ND FURTHER COMMENT'S, THE PUBLIC. HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the final Assessment Resolution for Renfrew, McDermott (portion) and Brigadoon (portion) Driven. accept the certificate of mailing offered by the Clerk to the Board, and schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. Confirmation took place at 9:12 p.m. VOTE: UNANIMOUS. S:.T1--NANCD WOODS~,~$F'yIMINAR~ Susan Smith presented for consideration and approval the Preliminary Plan for Nanco Woods Subdivision, located in Chapel Hi11 Township on Ridgewood Road. One 2.3 acre lot is being created from the 7.3 acre tract. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the Preliminary Plan £or PTanco Woods Subdivision. VOTE : ilNAATIMOUS . ~._ FORRESTrR B~SECT~9N_ TWO-PR,F~L. 1~:TT~TARY d~~~~_~~ Susan Smith presented for consideration of approval the Preliminary Plan for Section Two of the Forrester Bend Subdivision. The property is located on SR 57 in Little River Township. Four (4) lots are proposed out of 3.71 acres. The Planning Board approved the Final Plat for Section One of Forrester Send on December 17m 1984. Motion was made by Co~aissioner Lloyd. seconded by Commissioner Marshall to approve the Preliminary Plan £or Forrester Bend Section Two 5ubdivision.. VOTE: UNANIMOUS. MNAY Susan Smith presented for consideratien of approval the Preliminary Plan for Quinn Subdivision. The property is located in Bingham Township off 30 I~.ac Road. Four lots are proposed out of approximately 10.7 acres. The applicant is requesting a Class ~~C~ privste road (Ryan Road) for the subdivision. The Planning Staff recommended approval with a Class B private road. The Planning Board recommended approval with a Class ..C.. private road and with the condition that access to Lot A be restricted to Ryan Road. Dr. Alice Gordon, Chair of the Orange County Planning Board, indicated that the Class ~C~~ road was recos~ended by the majority of the Board members because of the number of lots and that a Class ~~B~ road was too much to require of the developer. Motion was made by Commissioner Lloyd to approve the recommendation o£ the Planning Board with a Class ~~C~ private road. MOTION DIED FOR LACK OF A SECOND. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the preliminary plans for Quinn Subdivision with a Class "B~ private road (Ryan Road) and the condition that access to Lot A be restricted to Ryan Road. VOTE: UNANIMOUS. G Susan Smith presented for consideration of approval a minor subdivision with a Class ~A~~ Private Road £or the properties of Curtis Farrington located in Bingham Township on NC 54. The Planning Staff recommends approval of a minor subdivision to be served by a dedicated public road and constructed to state-maintained paved road standards. The Planning Board recommends approval of a minor subdivision served by a Class ~A~ road. Dr, Gordon indicated the discussion focused on the requirements for the developer and there was a question of how much development would occur. The staff felt the potential for a large number of lots exists. Motion was made by Commissioner Parshall, seconded by Chair Willhoit to approve the recommendation of the Planning Staff, i.e., to approve a minor subdivision served by a dedicated public toad and constructed to scat e maintained gaved road standards. VOTE: AYES, 2; NOES, 2 (Commissioners Carey and Lloyd). Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board for approval of a minor subdivision served by a Class `A" road. VOTE: AYES, 2; NOES, 2 (Chair iaillhoit and Commissioner Marshall). Motion was made by Commissioner Marshall, seconded by Commissioner Carey to refer this item back to the Planning Board and ask that they address the problem of the potential density that may occur in that area and the problems of right-of-way. Vf1TR ~ TTAddNTM(1TTS . V ~,~1Jz~ H. BUDGET WORIL SESSION-ORANGE CDUTyTY BOARD OF EAUCATION Norman Haithcock, Chair of the Orange County Board of Education, noted that the recommendation of $267,000 for capital projects for the Orange County school system was not enough to fulfill the full needs of every student. Dr. Dan Lunsford. Superintendent of Orange County Schools, presented an outline of past accomplishments and gave general information and concerns about the budget. He expressed a concern about the cash flow because of the low fund balance. He emphasized that the budget request is fox a hold-the-line budget. In capital outlay, many items have been listed in prior year requests and not funded causing the list to be longer. He stated that $750.000 is needed each year in recurring capital for capital outlay; $978,000 is requested for this year. Of that amount $42,300 will be used to provide a facility for storing diesel fuel fox use by both school systems. Wayne Watts, Director of Finance far Orange County Schools, pointed out the budget had been done in the standard foxmat as required by the state. Orange County Schools is requesting a total of $4,966,992 from the County. The total budget is slightly more than 15.5 million. The total operating expenses of $3.983,569 represents a 21.9% increase. Watts highlighted the 12 minor capital improvements. He noted that the instructional and media equipment request includes replacement items. The sources of revenues are broken down into state revenues and local revenues. The state revenues total $499,794 which represents a 9.6~ increase over last years request. The pex child request of $789 is an increase of $136 per child. He expressed concerns about the low fund balance of $40,000 at the end of June, 1985, and the low contingency amount of $31,000. Salary impxovement programs for non-certificated employees would cost approximately $46,400. Ar. Lunsford presented a memorandum which outlined the major capital improvements for Drange High School and the time table. Chair Willhoit asked about the potential impact of the Baeic Education Plan, and Ar. Lunsford indicated the class size in 7-8 is averaged out at 29 and grade 9 a little less. If the projected class size reduction goes to 28 and one at 26 thexe would not be any offset. Commissioner Carey asked what impact the career gro[vth pxogxam would have on the local budget and Dr. Lunsford indicated no increase in the budget in the immediate future. r Planner Gene Bell noted the county Attorney informed him that this item is not foz a waiver of the Land Use Plan Policy but instead a request for an interpretation of which of two policies should apply to the sikuation. Calvander Mobile Home Park located in Chapel Hi11 Township has requested a pexmit for the installation of a package wastewater treatment plant to replace the faii.ing mound septic system. An interpretation is requested of the following two sections: 11.4 - Allow on-site disposal in low-density and rural areas where soil conditions are acceptable. In rural areas kith unacceptable soils, state-approved on-site sewage disposal systems will be required. 11.6 - Allow ground absorption sewage disposal systems of 3000 gallons per day or more design capacity and package sewage treatment plants with a design capacity of 3000 gallons per day or less appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential. Land Use Plan Policy 11.6 limits such systems tv 3,000 gallons per day and limits the area to lG or 20 year transition and rural residential. The mobile home park is located in the rural buffer and needs a plant with a design capacity of 10,000 gallons per day. The requirements in the Land Use Policy I1.4 seem to be met. A determination needs to be made as to whether or not the permitted use of package plants is implied in the language of the policy. Chair Willhoit noted that from the standpoint of the Land Use Plan and the rural buffer there is a question of whether thia uae would be permitted todaq if it weze to be anew proposal. Gene $e11 stated it would not be permitted if it were a new proposal. Chair Willhoit questioned if the ordinance makes any provisions for upgxading such a development in conjunction with considering the request. Travis Blake, owner of the mobile home park, indicated every alternative had been explored and this system seemed to be the most feasible. Dr. Gordon referred to section 11.4 and asked the definition of a state approved onsite water system. Mr. Blake indicated a state approved onsite wastewater system would be any system that would qualify for NPDS permanent development discharge limitations and which would meet the ~F~ Point limitations. Dr. Gordon noted that if you require rural areas with unacceptable soil to have state approved onsite sewage disposal systems it seems tl'iat 11.6 would apply. Blake noted that the state only gets involved with systems over 3,00o gallons. Dr. Gordon suggested that i1.4 and 11.6 be reexamined and a possible provision be added that addresses the question of a health standard failure in existing developments. Chair Willhoit explained that because this is a nonconforming use and there is an existing problem, there should be a mechanism to bring it up to some level of aesthetic standard to conform. Travis Slake indicated the standards for screening will. be met. Motion was made by Chair Willhoit, seconded by Commissioner Lloyd to interpret 11.4 to permit the replacement of the wastewater treatment system because of the public health emergency, and to encourage th.e owner to make site improvements to bring the development more in keeping with the intent of the rural buffer zone in which it is located and to refer this situation to the staff far further study and clarification. The $oard requested that the Planning Staff and the Planning Board addxess the Land Use Plan policy section 11.4 and 11.6 for clarification in addressing existing situations. pOTE: UNATciI40US. G15 .RECI.A$rq~E.1~~QN_ APPEALS Motion was made by Chair Willhoit that, in accordance with the Personnel Ordinance, the reclassification appeals be handled by the County Manager. Commissioner Lloyd said the appeals are an end result of direct action taken by the Board and a decision made by the $oard and it is inappropriate to not follow through on the appeals. The Board would be doing a disservice to the 2rranager to dump an unpopular decision on his shoulders and f},o Rnar.l rAo nlnvecc 1-hc rmirroav of mal~inp Phi rlaricinn~_ (j ~ \ ~ T ~.! ~ ~ _: X ..1. Commissioner Marshall noted that the Pianager does have this responsibility; it is clearly spelled out in the current Personnel Ordinance. MOTION DIES FOR LACK OF A SECOND. P2vtion was made by Commissioner Lloyd that the Board deal with the appeals as a Board. MOTION DIES FOR LACF OF A SECOND. P N D PI EVI Susan Smith presented for approval the petition for the Pinevi.ew Road and Pineview Drive PPP. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the petition. adopt the Preliminary Assessment Resolution and to schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985. VOTE: UiNAR'IMOUS. C~. CLEA WAT .R LAKE ROAD_ - FPP _~~~~N Susan Smith presented for approval the petition for the Clearwater Road (SR 1918) PPP. Motion was made by Commissioner Lloyd, seconded by Commissionez Carey to approve the petition. adopt the Preliminary Assessment Resolution with a change that the assessment be on an equal amount per lot as requested by the spokesperson for the project, and schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985. VOTE: UNANIMOUS. G}1 . ADDITION OF_ CHESTLT_ ROAD,TO THE STATF,-P4AINTAINED_ R~,D_SYSTEPL Susan Smith presented far approval the petition from NC DOT to add Chestnut Road in Farrington Hills Subdivision to the state maintained secondary road system. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the petition as presented. VOTE: UNANIMOUS. Sxy3~_~135~ INDUSTRIES CONSTRUCTION AGREEMENT (see copy of the agreement in the permanent agenda file in the Clerk's office). Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the agreement between Orange County and Orange-Person-Chatham PSental Health detailing the terms governing the operation and maintenance of the Orange Industries Sheltered Workshop and authorize the Chair to sign. VOTE: UNADTIMOU5. ~],4_ AGREEMENT ,,,~ETG?EE27 GEOLOGICAL SURVEY ANDORAN~~_ COUNTY (see copy of the agreement in the permanent agenda file in the Clerks Office). Motion was made by Commissioner Marshall, seconded by Commissioner Carey to enter into an agreement with Geological Survey to install and maintain a gauge on the Eno river at an initial cost of $3,400 for the first year and $2,000 for operation each year thereafter. VOTE : UNANIPZOUSLX . ~~ MODIFICATIONS TO THE PROP05ED EFLAP7D SEWEA TTI`TE AGAEEMENT After extensive discussion, it was determined that the main concern was that the tap fee would not be recovered if annexation occurred within a year or two for those in Orange Heights. It was decided that although the Gounty would not get a credit for the service fees after annexation they would not be charged for the treatment because the meter would be behind the service area. OJ~~.~~~ Chair 4iillhoit will meet with the County Manager to work out a reply to Mayor Frank Sheffield's letter. E. REPORTS l~Re_Y.~s~p~~. ~.~SRF9SP.~.RTes~_ P~rsognP~,~~linane~ t Reports were postponed. RNM Chair Willhoit adjourned the meeting, The aext regular meeting will he held on June 18, 1955 at 7:30 p.m. in the Courtroom of the old Post 0££ice in Chapel Hill, North Carolina. Dan Wiilhoit, Chair Beverly A. P,lythe, Clerk