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HomeMy WebLinkAboutMinutes - 19860505e~ i~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 5, 1986 The Orange County Board of Commissioners met in regular session on May 5, .1986, 7:30 p.m. in the Commissioners' Room, Orange County Courthouse, Hillsborough, North Carolina. .COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey and Ben Lloyd. COMMISSIONER ABSENT: Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Director of Recreation and Parks Mary Anne Black, Clerk to the Board Beverly A. Blythe, Director of Planning Marvin Collins, Director of Purchasing Pam Jones and Planner Susan Smith. NOTE: THE MEETING WAS MOVED TO SUPERIOR COURTROOM. A. BOARD COMMENTS Chair Willhoit deleted from the agenda the public hearing on Homestead Highlands and added for consideration a resolution requesting that the Town of Hillsborough and orange Water and Sewer Authority voluntarily submit to a local government review the procedures followed in the application of municipal sewage sludge to farm properties. Commissioner Lloyd announced that Norman Wa7.ker will not be in attendance and that he asked that Scotswood be considered favorably and that the item on disclosure be postponed. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Willhoit announced that those who wish to speak to items on the -printed agenda will be recognized at the tune that item is discussed. Ken.Gray inquired about the item on disclosure and stated that if that item is going to be postponed. as requested by Commissioner Walker that he wished to make comments on that item at this time or during the public comment portion of the meeting. He was informed by Chair Willhoit that comments would be heard but that a decision would not be made at this time. 2. MATTERS NOT ON THE PRINTED AGENDA Rolm Bernard spoke as a resident of Stoneridge and on behalf of most of the other residents in that area. He expressed concern about the activity node that is proposed for the interchange at NC 86 and I-40. At an Association meeting 85 people objected to the proposed activity node and three (3) spoke in favor. He spoke in opposition of high density development because of the associated problems it brings. The residents in the area have already suffered one blow with the building of I-40 and the expansion of that area would affect the quality of life and not provide a benefit to Orange County. He questioned the status of the objections heard at the April 17th meeting and requested an opportunity to meet with the Board of Commissioners on this specific proposal. Chair Willhoit explained that the area in question is part of ~~ the land use plan developed jointly by orange County and Chapel Hill. Marvin Collins indicated that Chapel Hill is working on a land use plan and have expanded it to include the Joint Planning Area. Tn that plan they have proposed limiting the area north and east of I-40 to ~. rural residential. That plan will be presented next at a public hearing. Chair Willhoit assured Mr. Bernard that additional public , hearings would be held. Brad Walters, resident of Sedgefield, expressed concern for the lack of water resources and wastewater treatment facilities. Light industry would tax those resources and treatment facilities. Traffic is another issue which has been delegated to the state. However, since. traffic is already a problem on Whitfield Road, major changes will. need to be made. Barry Jacobs, Chair of the Planning Board, indicated that the Planning Board and/or the Planning Staff would be willing to meet with the group to discuss this activity node. Chair Willhoit pointed out that considerable support by developers for extending the needed facilities had been received and would be considered as part of the approval process for the project. Commissioner Marshall indicated that the Planning staff has held meetings with citizens and was given a positive response when she questioned ,if such a meeting is desired by this group. Chair Willhoit thanked the group for their comments and indicated that the position of the Board is not to move forward on the Land Use Plan until the public has had every opportunity to review and to respond. F. ITEMS FOR DECISION 8. DISCLOSURE OF PROPERTY INTERESTS AND ASSETS BY COUNTY OFFICIALS Chair Willhoit summarized the request by the orange County Democratic Party pertaining to ethical standards as applied to elected and appointed officials. Ken Gray, citizen of Orange County, spoke in support of full disclosure standards noting that full disclosure will protect the public interest no matter what the nature of the development may be and benefit both the elected officials and the citizens of Orange County. For the citizens, full disclosure is a reassurance that the public interest has a precedence over private gain profit under all circumstances where it is applicable. For elected officials full disclosure is a deterrent to those actions that place personal interest on the same level as the public interest. Clint Burklin, Stonycreek Neighborhood Association, spoke in support of full disclosure. With the rapid growth and the increased business in the County, it will be more difficult to be aware of the conflict of interest. He suggested that (1) a definition be included for ethics code, (2) a procedure for enforcement be outlined and (3) a penalty be included for. violations. Lois Herring, resident of the Damascus Community, spoke in support of an ethics code for the Orange County Board of Commissioners. Having a conflict of interest policy makes it clear to citizens than an elected official does not .just choose to disqualify himself but is required to disqualify himself from voting on a matter where there is a conflict of interest. She suggested the ethics code follow that of Guilford County because it provides for penalties and removal from office if conflict of interest is proved. Carmen Prioli., Stonycreek Neighborhood Association, spoke in support of full disclosure and reiterated Mr. Burklin's remarks. NO OTHER COMMENTS WERE MADE C. PUBLIC HEARINGS 1. Z-3-86 HOMESTEAD HIGHLANDS Item was deleted from the agenda. 2. LOCKRIDGE COMMUNITY--PLANNED DEVELOPMENT AMENDMENT Planner Susan Smith presented for consideration of approval an amendment to the approved planned unit development site plan which was approved on November 5, 1973. The applicant is requesting an amendment to the approved site plan for designation of one new lot in Section B and the provision of areas within the common lands within Sections A & B for the establishment of a. cemetery, community center, playground, pool, tractor shed, animal shelter, garden shed and studios/workshops. They are also requesting a number of changes in the names of roads serving the development. The Planning Board recommended approval of the requested amendments to the approved planned unit development site plan and approval of the site plan as the preliminary plat for the proposed additional lot. NO COMMENTS WERE MADE BY THE BOARD OR THE PUBLIC. 3. PD-5-85 SCOTSWOOD Planner Susan Smith presented for consideration of approval a proposed planned development and rezoning request submitted by John W. Graham and A. H. Graham, Jr. Following the April 1, 1986 directive from the Board to the Planning Board to reconsider this project for approval, the Planning Staff again recommended approval of the planned development rezoning request and issuance of a Class A Special Use Permit with revised conditions of approval. The Planning Board again recommends denial of the planned development rezoning request and issuance of a Class A Special use Permit. However, should the Board of Commissioners approve the planned development rezoning request, the Planning Board recommends the attachment of the 42 conditions submitted as part of the abstract. Chair Don Willhoit summarized a letter from Mayor Frank Sheffield in which he has requested that a decision be postponed until more definite information is available on water resources. The Town of Hillsborough applied for an FHA loan to construct an elevated water tank on the north side of town. NRCD has entered a negative finding on the review because of the inadequate supply of water for this area. In a meeting with Mayor Sheffield, agreement was reached that a task force be formed composed of two members of each elected Board, Managers and staff as appropriate to move forward with a definite plan and try to speed up the process of augmentation of the Hillsborough water supply. He made two suggestions for increasing water resources: (1) curtail the sale of water to OWASA, and (2) extend the line to Burlington. Sheffield asked that the Scotswood project be considered contingent upon a plan for providing water in accordance .with the Water Resources Division. THE PUBLIC HEARING WAS CLOSED 4. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT County Manager Ken Thompson presented for receipt of public comments a program amendment to transfer $133,461.59 which represents the remaining community development activities funds .to the parks, playground and recreation facilities budget for park construction in the Northern Fairview Community Development Project Area. NRCD regulation requires a public hearing prior to submission of a program amendment. THERE BEING NO PUBLIC COMMENTS, THE HEARING WAS CLOSED. 5. EUBANKS ROAD TOWNHOUSES - RE UEST FOR CONTxNUATION Motion was made by Commissioner Marshall, seconded by ~~~ Commissioner Lloyd to continue the public hearing on PD--1-85 Eubanks Road Townhouses to allow time far further review of the Joint Planning Area Land Use Plan. VOTE: UNANIMOUS. ,._,i D. MINUTES Postponed. E. CONSENT AGENDA The County Manager recommended the following action by the Board: 1. COUNTY AUCTION, 1986 To declare as surplus those items as listed on pages 124-129 of the agenda and to adopt a resolution authorizing the Director of Purchasing and Central Services to conduct an aucta.on on May 17, 1985 at the Public Works Department located on Highway 86, Hillsborough, of those items declared surplus or confiscated. The resolution is as follows: WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County, NOW THEREFORE, BE IT RESOLVED THAT: Orange County Board of Commissioners do authorize the Directar of Purchasing and Central services to conduct a public auction of those surplus and confiscated items found on the attached list on May 17, 1986. The audtion to be held at 9:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis . FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the titles of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioners to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged or destroyed or mistakenly placed in the inventory. 2. AWARD OF BID FOR ENGINE ANALYZER To award the bid for an engine analyzer to Sun Electric Corporation for $17,990. 3. SCHOOL HEALTH FUND To accept and increase the School Health fund by $500 in 100% state money. 4. AIR-AMBULANCE COMMUNICATIONS CONTRACT To enter into and authorize the Chair to sign a contract with North Carolina Memorial Hospital for the purpose of providing County -~ employees for air-ambulance flight communications. AIJ. cost to Orange County would be reimbursed by North Carolina Memorial Hospital. 5. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT To approve the program amendment for transfer of the remaining community development activities funds (approximately $133,461.59) to the parks, playgrounds and recreation facilities budget for park construction and recreational facilities. 6. BUDGET AMENDMENTS To amend the 1985-86 Budget Ordinance by the following amendments: GENERAL FUND Appropriation - Social Services Source - Contingency (to budget for emergency General Appropriation - Aging Source - Lease Fees Source - Ticket Sales (to budget for CAT Transportation ticket sales) Appropriation -Aging Assistance aid) leasing fees and Source - Aging Transportation Grant (to budget for transportation grant received by the Department on Aging) $ 10,000 10,000 5,171 3,171 2,000 8,406 8,406 Motion was made by Commissioner Marshall, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. F. ITEMS FOR DECISION 7. SCHOOL CAPITAL EXPANSION REQUESTS FOR ORANGE HIGH SCHOOL AND THE GLENWOOD/ESTES HILLS MULTIPURPOSE SPACE Ken Thompson presented for discussion several funding approaches for the orange High School expansion requests and the Glenwood/Estes Hills Multipurpose Space. Director of Finance Gordon Baker explained two alternatives for funding both projects. These are listed on pages 145-146 of the agenda. He mentioned three items as possible sources for funding: (1) bond issue, (2) the additional one-half cent sales tax, and (3) the property tax dedicated to school capital. He indicated that in order to keep the present projects on schedule and do the additional projects, another source of revenue would need to be considered. He noted that the money designated for roofs far 86-87 and 87-88 in the amount of 376,000 had been removed and applied to the cost of these two projects. Commissioner Marshall emphasized the need to stay on schedule for all projects. She suggested that the original schedule be maintained; that the High School and Multipurpose projects be approved and that consideration be given, as a first priority for funding these projects, to the half cent sales tax. Commissioner Lloyd expressed reservation in approving any additional projects without a definite source of funding. Cammissioner Carey expressed concern with postponing any of the projects scheduled for the Chapel Hill-Carrboro School System. He indicated his unwillingness to approve the entire project for the Orange County Schools without knowing the source of funding. He supported the approval of the base project and the paving of the parking lot which are both within the level of funding available. A decision needs to be made later in the summer on the additional alternatives for funding. ~~~ Further consideration of this item will be held at noon on Friday a,n the Orange County Board of Education meeting room. 9. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM Motion ~ was made by Commissioner Marshall, seconded by Commissioner Lloyd to endorse the priorities as listed by the municipalities and to include the widening of Lystra Road as requested by Chatham County and the widening of US 70 Bypass from NC 86 to Lawrence Road. VOTE: UNANIMOUS. COMMENTS ON THE CONDITIONS FOR SCOTSWOOD Planner Susan Smith noted that the Planning Board recommended denial of the rezoning because the applicant did not fulfill the application requirement for addressing the manner in which the request would carry out the intent of the Land Use Plan and because of two (2) negative findings relating to method and adequacy of vehicle access to the site and traffic conditions around the site. The Planning Board further found that General standard #1 which relates to public health, safety. and welfare was not satisfied. Forty-two conditions of approval were submitted for consideration by the Board if the project is approved. Commissioner Marshall referred to condition #5 and indicated it relates very closely to #30 and #32. The roads, parking area, walkways, street lines, utilities and recreational facilities sites are boiler plate, but landscaping and mulching around units that should be maintained as constructed is something that should not be required of individuals who buy land and build a house. People do their own landscaping and gardening and should not have to keep it mulched forever and forever. Susan Smith explained the intent of the condition. Shirley Marshall clarified that the landscaping and mulching should be separated out from the roads, parking area, etc., and that requirements regarding what is to be done for the single family houses that the people will buy be addressed in #32. She requested that the condition be modified to read that the landscaping and mulching should only be maintained for the multi-family and the commercial areas. With reference to #30 and #31, Commissioner Marshall stated that grading on the site should be addressed in #30 and in lieu of planted landscaping that existing vegetation shall be maintained between units. She continued that clearing should only be conducted for purposes of installing improvements prior to individuals purchasing their homes. She offered the following wording: "Grading on the site should be kept to a minimum. Existing vegetation should be maintained between units. Clearing should only be conducted for purposes of installing roads, utilities and other improvements until the improvements have been installed and the developer conveys title to the property to the individual property owners purchasing three or fewer lots. Reasonable care should be taken to retain all existing vegetation. Appropriate temporary fencing should be erected at the dripline where there are designated stream and perimeter buffers." She indicated that the developer should abide by #30 until the property is conveyed to the individual owner. Susan Smith clarified that the purpose of the condition. is to have the maximum amount of control aver the disturbance of the property in the development process and not to continue that through the property owner's development of the lot they purchase. It is difficult to set a condition 1~~ and not get involved in the issue of when someone conveys property. Shirley Marshall asked that this condition be worked out. Commissioner Marshall questioned #31 and asked what final landscaping plans should be submitted expressing concern with controlling the landscaping for each individual's property. Susan Smith explained that the landscaping in #31 referred to the multifamily and commercial area and the buffer to be maintained, .including the stream buffer. Shirley Marshall questioned #36 commenting that the way it reads is that we are only concerned about phasing to limit construction to a maximum of 25~ with some conditions about the water. It does not speak to the release of the reserved water and the reserve in the wastewater treatment and water treatment plants should the project not be built on time. She referred to page 57 and the chart indicating her desire for information which would address this issue if the project was not built according to the phased plan where the water and wastewater treatment reserved would be freed up for other development. She also added that at the end of the ten year period the applicant should be required to come back and apply for all that was reserved, but not allocated. Under this idea, if the phasing could be done annually and if they did not build, they would lose that reservation until the tenth year. At that time they would have to come back for anew phasing of the units that were not built and anew reservation for water and wastewater treatment facilities. The condition which refers to mercury lights was discussed and it was decided that the lights should be approved by the Town of Hillsborough or meet Hillsborough standards and the conditions revised accordingly. Don Willhoit questioned the intent o condition. With regard to #17 Don Willhoit the connector to the road at the top of the Susan Smith explained why it was necessary. Don Willhoit asked that a condition be the design would be in conformance with Hillsborough if one exists. ~ #22. Smith explained the asked that the elimination o~ development be considered. added that would insure that the architectural design of Barrett objected to condition #42 which was added by a close split vote of the Planning Board after some of the planning board members left. The Board by consensus agreed to replace #36 with wording that approval be contingent on the availability of water from the Town of Hillsborough as determined by NRCD. Susan Smith identified the conditions that satisfied the negative findings of fact. Motion was made by Chair Willhoit, seconded by Commissioner Lloyd to approve positive findings of fact for the three identified negative findings. VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the rezoning of the Graham .property from R-1 Residential to PD-H-R2 (290.03 acres), PD-H-R-S (29.50 acres) and PD-GC4 (10.43 acres) as specified in the application and to approve the issuance ~~ of a Class A Special Use Permit for the proposed Scotswood project subject to the 45 conditions recommended by the Planning Board. Each phase of the project must be submitted for Preliminary Subdivision approval in order to determine, among other things, the availability of ~~~~~ water and sewer service for the project. VOTE: UNANIMOUS. 11. HOMESTEAD HIGHLANDS REZONING REQUEST Planner Susan Smith presented for consideration of approval a request from Piedmont Atlantic Inc. for a general rezoning of property located north of Homestead Road (SR 1777) and 400 feet west of the intersection of Homestead Road and Rogers Road (SR 1729) in Chapel Hill Township. The parcel contains 49.17 acres and is located within designated Ten Year and Twenty Year Transition Areas. Rezoning of the property would allow the development of the property in half-acre single family residential lots. The Planning Board recommends approval of the general rezoning requests. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 12. LOCKRIDGE COMMUNITY-PLANNED DEVELOPMENT AMENDMENT Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the requested amendments to the approved planned unit development site plan. VOTE: UNANIMOUS. 16. BEECHWOOD KNOLL - PRELIMINARY PLAN Susan Smith presented for consideration of approval a preliminary plan for property located off of SR 1554 in Hillsborough Township. The tract is designated as Agricultural Residential on the Land Use Plan. Three lots are proposed out of 45.7 acres. Mary Anne Black, Director of Recreation and Parks, asked that the plan designate and dedicate a 60 foot easement along either side of Nancy Hill Creek to be used as a pedestrian and non-motorized vehicle easement. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the preliminary plan subject to the three conditions as recommended by the Planning Staff and the added condition as recommended by the Planning Board. Additional comments were made by Mary Anne Black about the pedestrian and non-motorized vehicle easement. Reginal Carter and Mr. Green asked that the condition requiring a 60 foot pedestrian easement not be required. VOTE: AYES, 2; NOES, 2 (COMMISSIONERS WILLHOIT AND LLOYD) Motion was made by Commissioner Lloyd, seconded by ,Chair Willhoit to approve the Planning Board recommendation with the following conditions: (1) Survey and designate the location of the floodplain and buffer for Nancy Hill Creek on the Final Plat. (2) Provide a notation an the plat stating that development is restricted within the floodway, floodplain and buffer areas. (3) Provide a septic easement which assures that Lots #1, 2 and 3 will have access to the remaining acreage for septic tank repair areas and provide a notation on the plat and documentation for recordation in the Register of Deeds stating the same. VOTE: UNANIMOUS. X63 17. PEELER CREEK _ PRELIMINARY PLAT Susan Smith presented for consideration of approval the Preliminary Plat for Peeler Subdivision. The final plat was approved by the Planning Board on April 15, 1986. However, the applicant failed to record the Final Plat within the six month period specified in the Subdivision Regulations and noted on the mylar copy of the plat for recordation. Since there has been no change in the development ordinances or in the conditions around the site which would affect the reapproval of this subdivision, the. Planning Board recommends approval of the Preliminary Plat a Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 18. WOODS EDGE MOBILE HOME PARK Susan Smith presented for consideration of approval a waiver of the public hearing requirement for a modification to the Woods Edge Mobile Home Park planned development special. use permit. The applicant is requesting to make permanent an office mobile home which was installed on a temporary basis to assist placement of tenants in the park and to use an existing foundation to erect a storage facility. The applicant, Roger Dale Stephens, spoke in support of his request. Geoffrey Gledhill, County Attorney, explained that in accordance with the orange County Zoning ordinance, any increase in floor area is considered a modification and subject to a public hearing. It was the consensus of the Board to add the Public Hearing for this item to the agenda for the May 20, 1986 regular meeting. _~ 19. MEADOW LANE - PPP PETITION 20. ROLLINGWOOD AND STALLINGS ROADS - PPP PETITION Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the two petitions as received for Meadow Lane and Rollingwood and Stallings Roads. VOTE: UNANIMOUS. ADDED ITEM - RESOLUTION FOR REVIEW OF THE APPLICATION OF MUNICIPAL SEWAGE SLUDGE TO FARM PROPERTIES Motion was made by Chair Willhoit, seconded by Commissioner Marshall to adopt the resolution as printed. below and to request the County Manager to convene the committee as soon as possible. RESOLUTION A RESOLUTION REQUESTING THAT THE TOWN OF HILLSBOROUGH AND ORANGE WATER AND SEWER AUTHORITY (OWASA) VOLUNTARILY SUBMIT TO A LOCAL GOVERNMENT REVIEW OF THE APPLICATION OF MUNICIPAL SEWAGE SLUDGE TO FARM PROPERTIES. WHEREAS, the Town of Hillsborough and OWASA currently conduct municipal sewage sludge application operations at agronomic rates an privately owned farm properties, and WHEREAS, OWASA plans to apply municipal sewage sludge at agronomic rates to property owned by OWASA and intended to be used for the raising of an agricultural product, and WHEREAS, members of a community within which a number of the privately- owned and OWASA-awned properties are located have expressed concerns with X64 the conduct of these sludge application activities and with potential im- pacts on the physical., environmental and social conditions of the community, and ~.,,z WHEREAS, the State of North Carolina is the permitting and inspections agency for the conduct of these operations, and WHEREAS, the General Statutes of North Carolina and the Orange County Zoning Ord~.nance exempt agricultural land uses from local government land use regulation, and WHEREAS, the Board~of County Commissioners recognizes that there is a need to exercise local review and approval procedures for the application of municipal sewage sludge by public agencies to both private and public properties, NOW, THEREFORE BE IT RESOLVED THAT, the Orange County Board of Commissioners, requests that the Town of Hillsborough and OWASA volun- tarily submit to a local review of their respective municipal sludge application operations to both private properties owned by ea.ther agency. Adopted this the fifth day of May, 1986. VOTE: UNANIMOUS. The meeting was continued to Friday, May 9, 1986, 12:00 noon in the Orange County Board of Education meeting room. Don Willhoit, Chair Beverly A. Blythe, Clerk