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HomeMy WebLinkAboutMinutes - 19850930ovo~~o MxNUTEs a~vc~ ~ ~ or~tssraa~s RF7GI]IAR MFETih7C. 5R 30, 1985 ~ ~,~,:^ The Orange County Eoard of Commissioners met in regular session on September 30, 1985, 7:30 p.m. in the C~sai.ssioners Roam at the Courthouse, Hillsborough, North Carolina. COMh1TSS~~„_.Pl3E.SF~;_ Chair bon Willhoit, and Commissioners Shirley Marshall, Moses Carey, &~ Lloyd and Norman Walker. ~'~~,PR~E~1': Geoffrey Gledhill. County Manager Kenneth R. Thompson, Assistant County Manager Albert Rittrell. Clerk to the Board Beverly A. Blythe, and Planners Susan Smith and Gene Bell. ~~ _ BO~,P,D l'llyIMF.ATrC Commissioner Lloyd expressed concern that a letter was written and sent to FYI without his knowledge. He felt he should have had some input. Chair Willhoit indicated he wrote a letter expressing 'co~erns of the Board noting in the letter the historical nature of the transfer of the ].ark to the cooperative and stressed the importance of the continuation of the livestock market to the area. No cormtiitments were made. Commissioner Walker stated concern that two public hearings had been held on the belt line that is suppose to deadend at the Orange County Line and he would like to be informed of such hearings. Ccetanissioner Marshall indicated the Planning Board plans to discuss this item at their meeting scheduled for October 8. Chair Wil],hoit indicated he requested that the Transportation Advisory Council .take no action on the beltline until the Board of Cenunissioners could be represented. ~.....- AiID2ENCE None Motion was made by Commissioner Marshall, seconded by Caarun.issioner Carey to approve the minutes for May 16, 1985 as corrected. WTE: CQ~,N7MQITS. Motion was made by Caaamissioner Lloyd, seconded by Csatanissioner Carey to approve the minutes for May 2l, 1985 as circulated. Vt7TE: t1I~TINIOITS. Motion was made by Caamnissioner Marshall, seconded by Camnaissioner Lloyd to approve the minutes for June 3, 1985 as circulated. WTE: UNANIIdOUS. Motion was made by Ccatunissioner Laoyti, seco~ed by Conanissioner Carey to approve the minutes for J1ir-e 4, 1985 as circulated. VDPE: uNANtr'IOilS. Motion was made by Caeuni.ssior~r Carey, seconded by Conm~i.s$i.ol~r Lloyd to approve the minutes for June 6, 1985 as circulated. W1~: L1NAN7MOU.5. Motion was made by Coannissioner Marshall, seconded by Cat~ni.ssioner Carey to approve the minutes for June ll, 1985 as circulated. ~.~'' : uNADT.~'f0u8. Motion was made by CAmnissioner Lloyd, seconded by Cananissioner Marshall ~J0~3~ to approve the minutes for June l7, June l8, June 19, June 2~, June 25, August 26, and September 10, 1985 as circulated. VOTE: U1~,tV11K0iJS. D._ _ _ AppO'rnmru-~.nmfi WOMEN Motion was made by Commissioner Marshall, seconded by Conunissioner Carey to appoint Sally Jeanne Marshall to the Ca[anissfon. WTE: LTNPN.[MOLiS. Postponed ~. I7'Ei~]S F~ n~cTSia~ - ag~SRnrr The County Manager recanmended the following action by the Board: 1. JAIL ZTi.SPFX.TTON REPORT Acceptance of the semi-annual jail inspection report that took place on September 3, 1985 by the Department of Auman Resources, Division of Facility Services. 2. ADVERTIS~ETTP C~' PROI~OSffi _ ',J~, TAE , SEbTMEN1.'ATTON Accept as to form the 1ega1 advertisement for the public hearing on the proposed its to the Sedimentation and Erosion Control Ordinance. (Copy of the approved Ordinance is in the official Ordinance Book in the office of the Clerk to the Board) Adopt the proposed Ordinance for the Control of Massage and Massage Establishments as revised and presented at the September l7, 1985 meeting to become effective rravember 4, 1985. 6. EET.AI~ID SEtn~ft RF~LUTiON (The resolution is recorded in full in the minute book on pages ~VI). Adopt a resolution on the project which sets forth certain assurances. Motion was made by Commissioner Marshall, seconded by Ccm~missioner Carey that the forgoing action be taken by the Board. ~R71'E: UNANIlKOUS. 4. ~,TAl CHAPEL HI'r~CAl~QIm Commissioner Lloyd expressed a preference to look at all sites arr3 not just the old Police Station site. He asked if the town would be willing to do a study of other sites also. Chair Willhoit stated the Town has proposed a specific project. The study will identify the County space needs and after receipt of the feasibility report, the County will then need to make a decision about their space Heads. The County Manager and City Manager must both agree on the firm selected to assist in developing the report. Commissioners Marshall and Carey both err7orsed the joint study proposal indicating it a good opportunity for the County to get a determination for the use of that property. Nation was made by Caanm.issioner Lloyd, seconded by Comra9ssioner Walker to authorize that the County join with Chapel Ai11 in undertaking a study of (a) each jurisdiction's space needs, and (b) the feasibility of using .the Columbia/Rosemary site as a possible location for a future loco]. government center and authorize the County Manager to participate with the Town Manager in engaging a consulting firm to assist in developing a report on the options available, at a County cost not to exceed 56,000. ix^m~ . TmrnrrrnnrnC . V V V N~F~ Coimni.ssioner Llpyd expressed concern for making the three additional positions in the Sheriff's office permanent and suggested making the positions temporary until budget time and then reevaluate the situation and, if necessary, make them permanent at that time. Chair wil].h~oit mooted that in the recruitment process, it is desirable to advertise the positions as permanent. Ccmanissioner Carey noted that i.f the County is goirtt~ to invest in training new personnel, the County should plan on keeping those people. Chair Willhoit indicated and Sheriff Pendergrass confirmed that if there is a surplus of deputies at budget time, the staffing needs would be evaluated at that time. Sheriff Pendergrass emlahasizEd there is no danger of overbite because of the turnover within the deparlnnent. Motion was made by Coamd.ssioner Marshall, secorr]ed by Ccatmiissioner Carey to amerxl the 1985-86 budgek as fo7.lows: Appropriation-Sheriff S 60,60 Source-'transfer from Capital Projects Fund S 11,500 Source Transfer from AWI Safe Roads Act $ 26,500 Source-Contingency S 22,Ab0 VCmE: UI~,NIl~lOUS. Commissioner Marshall requested that newly appointed members be added to the policy. She questioned how a requirement that an absent Board member review all docw~ntary evidence presented and hear all testimonial evidence by listening to the tapes of the Public &earing mould be verified. County Attorney Geoffrey Gledhill indicated that at the time the requirement has been met, it could be so doted in the minutes. He noted that it is each Board mEtnbers duty to vote on everything that ones before the Board in which they don't have a financial interest. The point is that when you are considering matters for which evidence is taken and sitting in a quasi-judicial capacity, you need to know what the evidence is before you can take part in the decisions. If you miss part of the public hearing then it • becaanes a Board policy to exclude you fro:a voting or establish a policy by which you become familiar with the item. Motion was made by Caimissioner Carey, seconded by Ca:tut~.issioner Marshall to adapt the recc~metx7ation of the County P,ttorney to "authorize the Board member to vote an such an issue with the requirement that the absent Board member review all of the documentary evidence presented and hear all of the testimonial evidence by listening to the tapes of the Public Hearin" as the official policy in situations where a member of the Board does not attend a public hearing. (Public Bearing to receive the Recatian froan the Planning Board.) Planner Susan Smith presented for decision a request for a Class A Special Use Permit for the non-residential use of the historic Bir~ham School submitted to public gearing on August 26, 1985. The Planning Board recaaanerds approval with the attack~nent of twelve (12) conditions. TBE PUBLIC BFARTNG 415 DE~CARID CdDS®. a~0~33 Motion was made by Coarmissioner Marshall, seconded by Commissioner Carey that a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use coanplies with all required regulations and standards, that the application should be a~roved because it is found that the use will promote the public health, safety and general welfare if located where propped and developed and operated according to the plan as submitted; the use will maintain ar enhance the value of contiguous property; and the use is in compliance with the general plans for the physical, develalxnent of the County as embodied in these regulations or in the Ccs~rehensive Plan, or portion thereof, adopted by the Orange County Board of Cc~rmissioners and evidenced by the findings of fact as set forth in Article 8 for Special Uses. Attached to the approval are the following conditions: 1. The grantee of this Special Use Permit sha11 post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public improv~nerns plus l0$. The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. As improvements are ce¢npleted in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2. Security shall be provided for the 9radingr and stabilization of all clearned areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways, utility installation aril hookups; recreational facilities; and landscaping. 3. A1.1 necessary easements to permit utility (electricity, telephone and cable television by arty cable television provider franchised by Orange County and/or Chapel Hi11 to serve this developmertt> installation, servicing and hookups to the development shall be provided at no cost to the utility provider. Final utility plans shall be approved by the County Manager and/or applicable utility company prior to the issuance of a Zoning Caampliance Permit. All lines shall be underground.. 4. That a driveway permit be obtained from NC Department of Transportation prior to issuance of the Special Use Permit. 5. Roads, parking areas, we.7kways, utilities, recreation facilities and sites and landscaping shall be maintained as constructed. All such improvements and facilities sha11 further be maintained and operated in a safe manner. 6. That all signs be erected in cxxnpliance with Article 9 4~~. following issuance of a building perniit. No sign may be erected within the sight triangles for the entranceway to the development. 7. Grading Od1 the site sha11 be kepk to a mini"rtnn~ Zn lieu of planted landscapingr existing vegetation sha11 be maintained between units. 8. Sup~plementa.ry base planting sha11 be installed within the parking area around the exacting specimen trees. 9. That all structures be erected in compliance with applicable UUU~34 building codes following submittal for and issuance of building permits. 10. A final boundary survey of the Planned Development and improvenets shall be recorded by the developer. 11. The final site plan and narrative of the project, incorporating all changes, deletions and additions through the final approval of the project, are to be incorporated herein and made a part of this Planned Development Special T3se Permit. Copies of the final site plan and narrative are to retrain on file with the Orange County Planning Aepartment. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 12. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above coalitions. VOTE: UNAN.Q'1QUS. ~. ~s~ _ snrr~A~ ~r~r., ~~ . rya U~ PLAN ~ ~ c~AT.ID7aER COT7CRETE C(~1PANY (Public Hearing for receipt of the Recammerr7ation from the Planning Board) Planner Gene Hell presented for consideration a proposed secondary amerx~nent to the Iand Use Plan for 1.41 acres of a 7.25 acre tract owned by Chandler Concrete Coat any. The request for redesfgnation of the 1.41 acre site from 12ura1 Residemial to Ten Year Transition/C~n[nercial-Ir~ustrial Transistion Activity Node has been submitted to lega7.].y address wastewater runoff problems from an existi~ concrete plant site. The P1ann.ing Board motion to approve the 1.41. acre request resulted in a 4 to 4 vote with one abstention. The Planning Staff recommends approval of the request. PUBLIC Hk'ARLNG Y~,S DD(~fRID C,LOSID. Nation was made by Commissioner Lloyd, seconded by Cc¢[u[iissioner Walker to approve the r~.tion of the Planning Staff. Conanissioner Marshall stated that the three conditions required by the Ordinance have ryot been met. The request is not to correct an error or mission in the plan, and it is not in response to changed or changing conditions and is not a response to changes ira the Land Use Policy. Commissioner Carey noted the only justification the applicant could have for requesting a change in the Land Use Plan would be a charxJe fn the conditions, and he is not cornrinced that the change in ~nditions asserted by the applicant were conditions that the Board had in mind when the plan was adapted. He feels, however, there is a significant risk of damaging the environmrent surrounding the area if the problem is not corrected. Geoffrey Gledhill indicated that the request is a change to the Land Use Plan and not a change to the Zoning Atlas. f~ change to the Zoning Atlas would occur upon the approval of the Planned Development application. Chair Willhoit stated that under the current Laal Use Plan and with the current zoning designation, Chandler Concrete caul.d relocate the ponds to other portions of the existing plant site, and nc further permits or approvals would be required. &e proposed that this item as well as item G-10 relating to the Special Use Permit be tabled and referred to the Plannim Staff for the development of a landscape plan that would specifically address those concerns brought out at the public hearing. Planning Director Marvin Collins indicated the screening as proposed by the applicant does meet the requirements of the Qrdinanrp, The only ~,~'~i~J+e~J concern is that the screenir~ is not extended around to the rear of the property adjacent to the railroad. Coa~missioner Lloyd questioned the need for additional screening requirements. Geoffrey Gledhill stated that the Board must make the decision on the land use designation independent from the Special Use Permit consideration. In this particular case, the Hoard may impose additional screening requirements that go beyond the requirements in the Ordinance. VOTE: AYES, 3; I~TDE~, 2 (Ccaanissioners Marshall and Carey) . ].0. Pn-4-8~ ~~~'F' C~Ai~t (Public Hearing to rECeive the recorm~endation of the Planning Board) Planner Susan Smith presented the rdation of the Planning Board on a request for a Planned Development-Industrial ITT Special Use Permit for 1.41 acres of property owned by the Chandler Concrete Co. The request was submitted to public hearing on August 26, 19$5. A Planning Board motion for approval of the request resulted in a 4-4 vote with one abstention. The Planning Board recdends that if the Board approves the request that nine conditions be attached. PoaLlc HE~xtrrG wAS n~aAREa cLASEn. Chair Wil].hoft expressed a concern for the lack of screening around the rear of the property. ge proposed that the Planning Staff develop additional screening requirements and submit them at the next meeting. The Board could then impose these additional screening requirements as part of the special conditions imposed on the project. Motion was made by Ca[mi,ssioner Carey, seconded by Cca~mti.ssioner Lloyd to table the decision on this item until the Plarm.ing Staff can brim forth specific recoaRasndations on additional screening requirements at the next meeting. There was various discussion on whether or not to permit those in the audience to speak on this item. The question was called. VOTE ON THE QUESTION: iA~9NA~l0US. VOTE CH~i THE MOTION: [~P,N~[TS. Geoffrey Gledhill informed the audience and Board members that the Special Use Permit process is not generally a public process. The rule is that a public hearing is held for the purpose of hearing evidence as to whether or nit the cemditia~s that are required by the Ordinance are met. As a general rule, the Board has apen meetings where people are allowed to speak whenever they want. Excluding people from speaking on special Use Permits is new and required by law once the public hearing has been closed, because it is orily the evidence presented at the public gearing that may be considered. Cea[s[ussioner Walker noted that people need to be educated as to the process and it should be put in the advertisement. C1~air Willhoit suggested that the advertisement be more explicit and that the agenda abstract indicate whether or not a public gearing i.s appropriate or not. (Public Hearing t0 receive the relation of the Planning Board) Planner Susan Smith presented for decision a proposed rezoning request submitted to public hearir~ on February 25, 19$S and continued to August 26, 1985. The applicants requested a rezoning for 41.86 acres of lard located at the southwest corner of N.C. SG North and Coleman Loop Road. 2"he 0~~~3~ present zoning classification is R-1 Residential while the requested designation is R-3. The Planning Hoard reoommierds approval of the request. PUBLIC T7F.AR'(T7(: WAS DII~AR® CL0.SID. Motion was made by Ccemnissioner Carey, secorr3ed by Coamnissioner Lloyd to approve the ration of the Planning Board and the positive findings of fact for Article 20.3 and Article 4.2. WTE: UNAN2MOUS. l2. Z-3-85 REZONTTI~_ REOiJF.ST~ROBFT~L A._ A117 RACHE3, S. ~C_Ftt~.A12 (Public Hearing to receive the rendation of the Planning Board) Susan gnith presented for decision a proposed rezoning request submitted to public hearing on February 25, 19$5 and corxtfnued to August 26, 1985. The request is for rezoning of 12.40 acres located aloes Harper Street and Dixie Drive north of Hillsborough. The present zoning classification is R-1 Residential while the requested d~fgnation is Iz-4. The Planning Board reco¢tunerr3s approval of the request. PUBLIC HEARING WAS n~rr.z~uFn CLOSk~ In answer to a question frcxm Commissioner Marshall, Smith indicated that the Planning Board did consider the Hillsborough recomnertdation. 'd4~e decision of the Board was based upon previous decisions by the Town of Hillsborough where a portion of the property is in the Town's jurisdiction. The Planning Board cYioase not to make a distinction at this stage to lower the density, since the Town had approved higher densities in similar instances. Motion was made by Camunissioner Marshall, seconded by Commissioner Carey to approve a rezania~g of the property owned by Robert A. and Rachel S. Scholar to R-3 and the positive findings of fact in accordance with the requirements of the Ordinance. A substitute motion was made by Cca:eaissioner I,7.oyd to approve the R- 4 rezonirrr. WPE Odd THE SUHSTI74PE MOTION: AXFS, 2: NDES, 3 (Chair Willhoit and Cta[[nissionezs Marshall and Carey) . WI'E ON THE OR.IGIl~,L MOTION: AYES, 4; NGES, 1 (Canmi.ssioner Lloyd) . L3, PR~E[ZPY OF ~70HN ~~ V;~~,J'UBIOIo-PRELZM2NAA$Y Susan Smith presented for consideration of approval. the Preliminary Plan for the property of Jahn and Vida Tubiolo. The property is located on SR 1555 (Mi11er Road) in Hillsborough TaFn~ship. One 4.6 acre lot is proposed. The Planning Board recaannended approval of this subdivision on September 16, 1985. Motion was made by C~*++.,.~,.aioner Carey, seconded by C[atanissioner Marshall to approve the recoi~ation of the Plannar,g Board. WrE: UNANII~40[7S. (A ca¢nplete copy of the report and list of suggested revisions is in the permaner-t agenda file in the Clerk's office) Ren Thompson summarized revisions to the report for the Board's consideration. Commissioner Marshall noted it is very difficult to predict population figures for the County at this time but that it fs highly unlikely that the population will decrease as indicated in the report. She e~hasized the importance that the report reflect as much as possible these many problems that are forthcoming on which decisions have not been made. She fees the report should not reflect planned improvements when none exist. Chair Willhoit suggested that as part of the documexit a statement be ;^°°r+-~.a ;*a;^~+-;*~.. r~ rcav+*~+- .-cm+rwxont~ a ci-aff nrn-ixt.inn of n2er~ and the UJ~3;~3~ actual. timing and implementation of the specific projects will depend upon budget acid Board decision. .After further discussion it was the consensus of the Board to add the above caveat to the report and to change the projected services for 1985- 1992 for water, sewer, ~-~!~*+9ty facilities and transportation to inadequate. ~7._ ODD [YY7trr~ac'rL~R C~E_ O~ERS Ramiar- Kolodij explaS.ned that the change orders which are being presented for approval had not received any prior approval by the Board before the work was completed. The work was dare so that the project could proceed on schedule. Motion was made by Commissioner I1oyd, secorrled by Conm3ssioner Marshall to approve the chxu~ge orders identified as P.l, Cr02, HAC.I and E.OI and authorize the transfer of X7,344.56 frcan the capital improvement ford to the Old Courthouse project number. VIE: UNANTN~US. l5._ CA.547i.INE TAX TTY'_F2F.A.SF. Tt was the consensus of the Board to table this item until additional information ss received. 6 Postponed. Chair Willhoit adjourned the meeting. The next regular meeting will be held on October 15, 1985, 7:30 p.m. in the Courtrogmt of the old Fost Office in Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. &lythe, Clerk ~OJ~3~ NORTH CAROLINA ORANGE COUNTY BOARp OE COMMISSIONERS RE50LUTION ORANGE COUNTY WHEREA5 the Efland-Cheeks Elementary School, one of the schools in the Orange County School System, has experienced and continues to experience serious problems with its waste'wa'ter treatment facilities in that those facilities have failed in the past and now, although functioning, are not doing so properly; and WHEREAS the improperly functioning wastewater treatment facilities are discharging incompletely treated sewage into McGowan Creek, a stream that is part of the Upper Eno watershed with a II-A nutrient sensitive classification by the State; and WHEREAS incompletely or poorly treated sewage is also entering McGowan Creek and other streams that are part of the Upper Eno watershed as the result of malfunctioning or non-functioning septic tanks in the Efland Estates Subdivision and other areas in the watershed; and WHEREAS the cause of the improperly functioning wastewater systems is the pervasiveness of soil types in this region of Orange County which do not provide a geologically suitable medium for subsurface wastewater treatment systems; and WHEREA5 the Upper Eno watershed provides the raw water supply for Corporation Lake, the source of raw water for the Orange-Alamance water system and for Lake Ben Johnson, the source of raw water for the Hillsborough town water system which in turn is a 1 V ~ V N ~ V seurce of treated water for the Orange Water and Sewer Authority, in times of drought; and WHEREAS all of the above has created and continues to create a health hazard that affects a substantial number of the people of Orange County; and WHEREAS on September 13, 1984 the Board of Commissioners, recognizing the risk to the health, safety and welfare of the people of Orange County affected by the conditions stated above, found that an emergency existed which warranted the issuance by Orange County of net debt reduction, general obligation bonds in connection with and for the purpose of repaying a $200,000.00 loan from the Farmers Home Administration which loan has been approved in principle by FMHA along with a grant to Orange County in the amount of $598,300.00 for the construction by Orange County of a sewer collection and treatment system to serve the area of Orange County identified as the principal source of the risk to the health, safety and welfare of the people of the County; and WHEREAS the Board of Commissioners now has agreed on the conditions under which the sewer collection and distribution system will be constructed. IT IS RESOLVED THAT: 1. Orange County intends to construct a sewer collection and treatment system [hereinafter the Project] to serve existing dwellings, businesses and the Efland-Cheeks Elementary School in the Efland area of Orange County according to the Revised Preliminary Engineering Report of the Project prepared by Hazen and Sawyer, P.C., Engineers and 2 ~ j ;,i ~ ,,r F!r U provided the Project or any of it can be constructed within the $1,154,300.00 capital budget established by Orange County for the Project. A copy of the Revised Preliminary Engineering Report is available at the office of the Orange County Manager. 2. The necessity both in absolutie terms and in "time-terms" is described above in the various "Whereas" paragraphs of this Resolution. In addition, The Orange County Board of Education has a limited amount of time to correct the poorly functioning sewage package plant located at its Efland-Cheeks Elementary School. This time limitation, imposed by consent order with the North Carolina Department of Environmental Management, can be met by the prompt construction of the Project. 3. The following sources of funds are proposed for the construction of the project: FMHA grant $598,3D0.00 FMHA loan 200,000.00 N.C. Clean Water grant 170,000.00 Orange County "loan" 136,000.00 Orange Gounty grant 50,000.00 $1,15 ,34 DO.D~ The $200,000.00 FMHA loan is proposed to be repaid by the sale of general obligation, net-debt reduction bonds. This amount is the maximum and minimum FMHA loan available for the Project under FMHA guidelines. 4. Orange County has made all debt service payments on a timely basis as evidenced by its audit reports for the years ending June 30, 1980-84. 5. According to Orange County's audit report far the fiscal year ending June 30, 1984, its budgetary and fiscal management policies have been carried out in compliance with law. 6. No increase in the Orange County property tax will be necessary to meet the increase in debt service occasioned by the repayment of the bonds proposed for the funding of the Project. 3 OOOti4~ 7. The proposed consumer rates for the Project will be sufficient to pay the increase in Orange County debt service occasionEd by the bonds proposed. 8. The Orange County Finance Director shall prepare the application to the North Carolina Local Government Commission for approval of the bonds proposed for the funding of the Project. 9. Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave is hereby authorized to employ the law firm of Brown, wood, Ivey, Mitchell and Petty, One Liberty Place, New York, New York, 10006 to represent Orange County in the authorization and the issuance of the bonds proposed for the funding of the Project. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the 30th day of September, 1985. ' Ayes: Noes: 4