HomeMy WebLinkAboutMinutes - 19860520
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 20, 1986
The Orange County Board of Commissioners met in regular session on May
20, 1986, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill,
North Carolina.
BOARD MEMBERS PRESENT: Vice Chair Shirley Marshall and ,Commissioners
Moses Carey, Ben Lloyd. and Norman Walker..
BOARD MEMBER ABSENT: Chair Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County
Managers Albert Kittrell and William Laws, Clerk to the Board Beverly A.
Blythe, Planning Director Marvin Collins and Planner Susan Smith.
BOARD COMMENTS
Commissioner Marshall added to the agenda a proclamation for JOCCA and
deleted item F3 (Items for Decision - Woods Edge Mobile Home Park PD
modification). She added for discussion a change of meeting date for the
next Board meeting.
BOAR_D.OF EOUALIZATION AND REVIEW
Commissioner Marshall convened the Board of Equalization and
;;.review. With no items to be considered, motion was made by Commissioner
Carey, seconded by Commissioner Marshall to adjourn the 1986 session of
Equalization and Review.
VOTE: UNANIMOUS.
AUDIENCE COMMENTS
1. MATTERS ON THE PRINTED AGENDA
Those citizens who indicated a desire to speak will be recognized
at the time that item is discussed.
2. MATTERS NOT ON THE PRINTED AGENDA
Dan Hooker, parent of 2 boys in the Chapel Hi11-Carrboro School
District, asked for full funding and support from the Board for the
enhancement budget to fund the programs for exceptional children.
REPORTS AND PROCLAMATIONS
1. STATUS REPORT ON THE TRANSPORTATION STUDY FOR THE RESEARCH
TRIANGLE REGION
Jean Beal, member of the Research Triangle Region Public
Transportation Study Team, presented information on the background of the
study, what the traffic situation is today and projected traffic volume over
the next fifteen to twenty years.
2. PROCLAMATION FOR RAPE FREVENTION MONTH
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to approve the following proclamation:
RAPE PREVENTION MONTH
1986
BY THE COMMISSIONERS OF ORANGE COUNTY
~.
Rape or sexual assault, through the use of force or the threat of
force, continues to rise in our increasingly complex and tension-filled
society. Too often, the burden far rape prevention is placed .on victims; „""
yet, those who perpetrate such crimes must learn that forcing themselves
upon any unwilling person qualifies as a crime. l
Acquaintance rape is the most difficult crime to combat, since
many men are taught extreme aggressiveness from infancy. Rapes occur mast
frequently between acquaintances, with fifty-seven percent of all victims
knowing their assailants. Forty-nine percent of all rapes occur in the home
of either the victim or the offender.
Rape in North Carolina and in Orange County has increased more
quickly than many other violent crimes in recent years -- sixty percent
since 1976 -- and a rape is reported to law enforcement officers in North
Carolina every six hours. Despite such grim statistics, the Orange County
Rape Crisis Center, the five law enforcement agencies in our County, and
other social service agencies can provide education and training to lessen
the likelihood of assault.
NOW THEREFORE, I DON WILLHOIT, Chair of the Orange Caunty
Commissioners, do hereby proclaim the month of June, 1986, as "Rape
Prevention Month" in Orange County, and urge all our citizens to recognize
the threat of acquaintance rape and join in preventing the incidence of
rape and sexual assault in .our County.
VOTE: UNANIMOUS.
PROCLAMATION FOR JOCCA
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to approve the following proclamation:
THE JOINT ORANGE-CHATHAM COMMUNITY ACTION AGENCY WEEK
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. (JOCCA) was
designated by the Commissioners of Orange County to administer programs and
to seek funds to alleviate the conditions contributing to poverty, thereby
improving the quality of life far the low-income residents of Orange County;
and
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. serves as an
advocate for the disadvantaged in attempting to meet their needs,
particularly in reference to problems they may encounter with local
government, public and private service organizations, and state and federal
regulations; and
WHEREAS, The goal of the Joint Orange-Chatham Community Action Agency is to
alleviate and/or reduce the level of poverty in Orange County, through the
provision of programs, services, and advocacy designed to meet the needs of
the disadvantages; and
WHEREAS, The Joint Orange-Chatham Community Action Agency, Inc. strives to
bring about institutional change with public and private organizations that
serve the disadvantaged in such a way as to assist the organizations in
better serving their clientele;
NOW, THEREFORE, I, Dan Willhoit, Chairman of the Orange County Board of
Commissioners, do hereby proclaim that the week of June 15-21st, 1986 shall
be known as
"The Joint Orange-Chatham Community Action Agency Week"
~~~
in orange County, and this tame set aside for the celebration of twenty
years of service to this community by the Board of Directors and Staff of
JOCCA.
- ~IOTE : UNANIMOUS .
]. PUBLIC HEARINGS
1. ROLLINGWOOD AND STALLINGS ROADS PRELIMINARY ASSESSMENT RESOLUTION
essment Resolution for the Rollingwood and Stallings Roads PPP project. The
project was approved by the Board of Commissioners on July
1, 1985.
PUBLIC COMMENTS
Bill Munson, spokesperson for the project, indicated that the majority
of people have voted to be assessed by the lineal foot.
Charlotte Lewis, who lives an a house located on the corner of
Rollingwood and Meadow Lane, spoke in support of the paving project.
WITH NO FURTHER COMMENTS THE HEARING WAS CLOSED.
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey
to (1) adopt the final assessment resolution for Rollingwood and Stallings
Roads, (2) accept the certificate of mailing offered by the Clerk to the
Board and (3) schedule the public hearing on the Preliminary Assessment Roll
for June 17, 1986.
VOTE: UNANIMOUS.
2. MEADOW LANE PRELIMINARY ASSESSMENT RESOLUTION
Susan Smith presented for public comment the Preliminary
Assessment Resolution which was approved by the Board of Commissioners on
"Tay 5, 1986. The project was accepted as a project by the Board on April
_6, 1985. The property owners chose to be assessed an a front footage
~.:~asis.
- L~UBLIC COMMENTS
John Bryant expressed concern that his house is on a corner and he will
be charged per l~.neal foot. _
Jim Deluge expressed support for the project.
Motion was made by Commissioner Carey, seconded by Commissioner Lloyd
to (1) adopt the final assessment resolution, (2) accept the Certificate of
Mailing, and (3) schedule the public hearing on the Preliminary Assessment
Roll for June 17, 1986.
VOTE: UNANIMOUS.
3. WOODS EDGE MOBILE HOME PARK PLANNED DEVELOPMENT MODIFICATION
Na quorum of the Planning Board was present. This item will be
readvertised and held on Monday, June 16, 1986 at 7:30 p.m. in the Board of
Commissioners Room, Hillsborough, NC.
E. CONSENT AGENDA
~... PROPERTY DISPOSAL COMMUNITY DEVELOPMENT
This item was removed from the consent agenda and placed under
items for decision F16.
2. ANIMAL SHELTER-CHANGE ORDER AND BUDGET AMENDMENT
To approve a change order for matching hardware for the doors and
windows and the following amendment to the 1985-86 Budget Ordinance:
ANIMAL SHELTER EXPANSION
Appropriation - Expansion- $ 4,532
Source - Transfer from County Capital Projects $ 4,532
COUNTY CAPITAL PROJECTS
Appropriation - Transfer to Animal Shelter
Expansion $ 4,532
~_ ~~
Source - Fund Balance Appropriated
3. FRANK HARDCASTLE PROPERTY
To approve a resolution allowing
owned by Orange County to Margaret Hardcastle,
$ 4,532
the transfer of property now
heir of Frank Hardcastle : -~-~~~
RESOLUTION
WHEREAS, in 1974 Orange County became the owner of a lot in
Cheeks Township (Tract No. 300591, Tax Map 25, Lot 7) formerly owned by
Frank Hardcastle via tax foreclosure, and
WHEREAS, the heirs of Frank Hardcastle wish to purchase this lot
by paying Orange County an amount "not less than Orange County's interest"
in the property, which amount, including interest, equals Two Thousand Seven
Hundred Thirty-seven and 10/100 Dollars (2,737.10), and
WHEREAS, North Carolina General Statutes Section 105-376 (c)
state, in pertinent part, as follows:
(A) Purchasing taxing unit, in the discretion of its governing
body, may resell (property purchased at a tax foreclosure sale by the
purchasing taxing unit) to the former owner or to any other person formerly
having an interest in the property at private sale for an amount not less
than the taxing unit's interest therein if it holds the property as sole
owner...(other than special assessments due the taxing unit holding
title)...,
WHEREAS, it is the opinion of the
that it is in the best interest of Orange county
Hardcastle to repurchase the lot in question for
thirty-seven and 10/100 Dollars (2,737.10) or
orange County for its interest in the property,
date of sale.
grange County Tax Collector
to allow the heirs of Frank
Two Thousand Seven Hundred
for such amount as repays
including interest to the
IT IS NOW, THEREFORE, RESOLVED by the Board of Commissioners of '_°~
Orange County, in its discretion, that Tract No. 300591, Tax Map 26, Lot 7
be sold to the heirs of Frank Hardcastle for Two Thousand Seven Hundred',;:.:;
Thirty-seven and 10/100 Dollars (2,737.10) or for such amount as equals
orange County's interest in the property, including interest to the date of
sale.
This the 20th day of May, 1986.
I, Beverly Blythe, Clerk to the Board of Commissioners for Orange
County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy
of the proceedings of said Board of Commissioners at a meeting held on the
20th day of May, 1986, as pertains to authorization to resell the property
formerly owned by Frank Hardcastle to the heirs of Frank Hardcastle, as such
proceedings are recorded in Minute Book 21.
4. RENTAL REHABILITATION AGREEMENT
To enter into an agreement for consultant services with the Town
of Chapel Hill to provide housing rehabilitation services for the Rental
Rehabilitation Program.
5. PROJECT ORDINANCE AMENDMENT
To amend the 1985-86 Budget Ordinance for receipt of Federal
Housing Authority funds for 1986 as follows:
APPROPRIATION
Housing Authority-Section 8 Existing $1,354,979
Housing Authority-Section 8 Moderate Rehab $ 384,299
SOURCE
Housing Autharity-Section 8 Existing $1,354,979
Housing Autharity-Section 8 Moderate Rehab $ 384,299
Motion was made by Commissioner Lloyd, seconded by Commission Carey
that the forgoing action be taken by the Board.
VOTE: UNANIMOUS.
~~~
4. DURELL DOBBINS SUBDIVISION - PRELIMINARY PLAN
Planner Susan Smith presented far consideration of approval the
-preliminary plan for the Durell Dobbins Subdivision, property of Erma H.
-Zirkpatrick and Durell Dobbins. The property is located on SR 1115
(Bradshaw Quarry Road) in Bingham Township. The tract is designated as
Agricultural Residential and Cane Creek Water Supply watershed on the Land
Use Plan. Six (6) lots are proposed; the sizes are 1.0 acre, 1.11 acre,
1.23 acre, 2.21 acre, 3.22 acre and 3.53 acre. Proposed access is provided
to the site via an orange County Class "B" private road named Morning Glory
Lane. The Planning Board recommended approval.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the Planning Board recommendation.
VOTE: UNANIMOUS.
5. LAKE ORANGE SUBDIVISION - PRELIMINARY PLAN
Planner Susan smith presented for consideration of approval the
preliminary plan for the Lake orange Subdivision, property of Jesse Marvin
Rogers, Sr. The property is located on SR 1323 (Lake Orange Road) in Cedar
Grove Township. The tract is designated as Agricultural Residential and
Upper Eno Water Supply Watershed on the Land Use Plan. Eight (8) lots are
proposed; the sizes are 1.73 acre, 1.43 acre, 1.55 acre, 1.46 acre, .1.37
acre, 1.28 acre, 1.27 acre and 1.26 acre. The Planning Board recommended
approval.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the Planning Board recommendation.
VOTE: UNANIMOUS.
_. 6. WILDWOOD SECTION III - PRELIMINARY PLAN
~~ Planner Susan Smith presented for consideration of approval the
preliminary plan far Wildwood Section III. The property is located in
`Hillsborough Township west of NC 86, south of the Southern Railroad and
north of Wildwoad Section II and the proposed Oakdale Drive Extension. The
tract is designated Ten Year Transition on the Land Use Plan and is zoned
Residential-IV (R-4). Thirty-five (35) lots are proposed out of 12.97
acres. The lot sizes range from .23 acres to .62 acres, excluding rights-
of-way. A11 lots are to be served by public water and sewer service from
the Town of Hillsborough. The Planning Board recommended approval subject
to the following conditions:
(1) Submittal and approval of the letters of credit for the
____. required road and utility improvements by the County
Attorney,
(2) Reference on the plat to the erection of street signs in
accordance with orange County standards at all
intersections, and
(3) Reference to the recorded Homeowners Association Bylaws,
Articles of Incorporation and Declaration of Covenants by
deed book and page number.
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey
to approve the Planning Board recommendation.
VOTE: UNANIMOUS.
7. ST. MARY'S NORTH - PRELIMINARY PLAN
Planner Susan Smith presented for consideration of approval the
preliminary plan for St. Mary's North Subdivision. The praperty is located
off Terry Road in Ena Township. Six (6) lots are proposed out of 7.8 acres.
A private Class "B" Road is proposed to serve the subdivision. The Planning
Baard recommended approval with the stipulation that the correct owner's
name be shown. The Planning Staff have verified that the correct owners are
~~
designated on the preliminary plan.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the Planning Board recommendation.
VOTE : UNANIMOUS . "' "'
8. ACRES OF NEW HOPE - DIVYSION OF LOTS 2 & 3 OF SECTION 5 OF THE
PRELIMINARY PLAN
Planner Susan Smith presented for consideration of approval the
Acres of New Hope Subdivision which is actually the division of previously
created lots for a subdivision. The applicant is requesting the creation of
one additional lot of 2.410 acres out of 8.67 acres. The property is zoned
Residential-1. The applicant proposes that the property be served by
Cheyenne Drive. The Planning Staff recommended approval with two
conditions: (1) the name of the owner be indicated on the plat, and (2) that
there be documentation to establish the public status of Cheyenne Drive. The
Planning Board recommended approval with two conditions: (1) the name of
the owner be indicated an the plat, and (2) the Board of Commissioners
determine in fact by action that Cheyenne Drive is a pre-existing "public"
road.
Attorney Geoffrey Gledhill concurred with the Planning Board
recommendation. He further stated that Cheyenne Road was plated in the mid
50's and at that time the statute which designates a road public or private
did not exist and the Orange County Subdivision regulations did not exist.
Therefore, there were no road construction standards in place at that time.
There are a number of other roads which have been publicly dedicated that
exist in the County that have never been accepted by a public agency.
Therefore the public dedication remains in place but they are not public
roads because they have not been accepted by some public authority. NCDOT
accepts roads for maintenance after certain density requirements are met. ,~~~,
There are many roads in Orange County in this same category. The Board needs
to answer a policy question on whether or not the property owners should;,::„
bring the road up to standard for acceptance by NCDOT. Also, if the Board
decides to accept these roads, they should be accepted without any
maintenance responsibilities.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the Preliminary Plan with the stipulation that the name of
the owner be indicated on the plat.
VOTE: UNANIMOUS.
9. STURBRIDGE VILLAGE PHASE II - PRELIMINARY PLAN
_.. Planner Susan Smith presented for consideration of Board approval
the preliminary plan for Sturbridge Village Phase II Subdivision. The
property is located in Chapel Hill Township off Old Greensboro Road
(SR1005). The tract is bordered by residential and undeveloped wooded land
and is located in the University Lake Watershed. Sixteen (16) lots are
proposed out of 51.7 acres. Access to the subdivision is to be provided via
Old Greensboro Road and (proposed) Salem Lane, a public road. The Planning
Board recommended approval.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the Planning Board recommendation.
VOTE: UNANIMOUS.
10. ORANGE GROVE - PRELIMINARY PLAN
Planner Susan Smith presented for consideration of approval the
preliminary plan for orange Grove Subdivision. The property is located off
Orange Grove Road (SR 1006) in Bingham Township.
Because the plan was incomplete, it was tabled to June 17th.
11. SCOTSWOOD CONDITIONS OF APPROVAL (A corrected list of conditions
is located in the permanent agenda file in the Clerk's Office.)
Planner Susan Smith outlined the revisions as incorporated in the
;onditions, along with those changes recommended by the Planning Staff.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Marshall to approve the 45 conditions for the Scotswood Development as
corrected.
VOTE: UNANIMOUS.
12. ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND SUBDIVISION
REGULATIONS TEXT AMENDMENTS
This item was presented for information only. The .entire
narrative is contained in the permanent agenda file in the Clerk's office.
Barry Jacobs, Planning Board Chair, informed the Board that the
Planning Board passed a resolution requesting that a meeting be held between
the Superintendents and/or School Board members from Chapel Hill and Orange
County, members of the County Board of Commissioners and the orange County
Planning Berard to discuss the planning aspects of current and future school
needs.
This request was referred to the County Manager.
13. GOVERNOR'S STATEWIDE VOLUNTEER AWARDS PROGRAM
Commissioner Carey nominated Ms. Peggy Robinson for the school
volunteer award, and Mr. Henry A. Atwater and Ms. Ruth W. Page for the two
Community Volunteer awards. Commissioner Marshall nominated the volunteer
services of the North Carolina Memorial Hospital for the volunteer
organization award.
All nominations were proclaimed by acclamation.
14. BUDGET WORK SESSION SCHEDULE
It was decided that the first public hearing on the budget would
be held an June 16 and the June 2 regular meeting would be rescheduled.
15. PROPOSED SCHEDULE FOR ADOPTION OF THE JOINT PLANNING AREA LAND
USE PLAN AND THE DRAFT CARRBORO PROPOSAL FOR THE JOINT PLANNING AGREEMENT
Commissioner Marshall presented for discussion a schedule for the
adoption of the Joint Planning Area Land Use Plan and to establish a date
for consideration of a proposal to enter into a Joint Planning Agreement
with the Town of Carrboro.
__ Planning Board Chair presented an alternative schedule for
consideration and explained his rationale for the dates indicated on the
schedule.
Commissioner Marshall requested that a meeting be scheduled in
which Carrboro would present their proposed Joint Land Use Plan and as soon
as Chapel Hill adopts their land use plan, consideration be given for
adoption of the Joint Planning Area Land Use Plan.
E1 PROPERTY DISPOSAL COMMUNITY DEVELOPMENT
Because of incomplete information, this item was deleted.
ADDED ITEM
PUBLIC HEARING FOR WOODS EDGE MOBILE HOME PARK PD MODIFICATION
Motion was made by Commissioner Carey, seconded by Commissioner
:arshall to set the Public Hearing for 7:30, June 16, 1986.
OTE: UNANIMOUS.
MINUTES
Motion was made by Commissioner Marshall, seconded by Commissioner
~~~
Carey to approve the minutes for January 21, March 18, March 25, April 3,
April 14, and April 22 as circulated.
VOTE: UNANIMOUS.
i~iotion was made by Commissioner Carey, seconded by Commissioner Lloyd -~„
to approve the minutes for February 24, 1986 as corrected.
VOTE:. UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the minutes for April ]., 1986 as corrected.
VOTE: UNANIMOUS.
Motion was made by Commissioner Lloyd, seconded by Commissioner Walker
to approve the minutes for April 7, 1986 as corrected.
VOTE: UNANIMOUS.
H. APPOINTMENTS
CAPITAL HEALTH SYSTEMS AGENCIES INC.
Motion was made by Commissioner Carey,
Marshall to approve the reappointment of Bernard
term.
VOTE: UNANIMOUS.
RECREATION AND PARKS ADVISORY COUNCIL
Motion was made by Commissioner Lloyd,
Marshall to approve the reappointments of Charles
VOTE: UNANIMOUS.
DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE
Motion was made by Commissioner
seconded by Commissioner
Segal for a three year
seconded by Commissioner
Snipes and Richard Ward.
Marshall, seconded by
Commissioner Carey to appoint Ernie Mills for a three year term.
VOTE: UNANIMOUS.
ORANGE COUNTY PLANNING BOARD
Commissioner Walker nominated Edward L. Latta; Commissioner Carey '`.
nominated Prince Taylor, Jr.
VOTE: Latta (Commissioners Lloyd and Walker); Taylor (Commissioners':..:::,i
Marshall and Carey) No appointment was made.
ENVIRONMENTAL AFFAIRS BOARD
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey
to approve the composition of the Board to include representatives from (1)
the Orange County Planning Board, (2) Agricultural Extension, (3) Soil and
Water Conservation, (4) Solid Waste Task Force, (5) Towns,. (6) OWASA, (7)
Board of Health, (8) Orange County Command Team, (9) Economic Development
Commission, (l0) Recreation and Parks Advisory Board, and (ll) an at large
from industry.
VOTE: UNANIMOUS.
ORANGE COUNTY BOARD OF ADJUSTMENT
Edward Latta was nominated by Commissioner Walker.
VOTE: UNANIMOUS.
ORANGE COUNTY PLANNING BOARD
Commissioner Lloyd nominated Richard Roberts; Commissioner Carey
nominated Prince Taylor, Jr.
VOTE:.. Roberts (Commissioners Lloyd and walker; Taylor (Commissioners
Marshall and Carey). No appointment was made.
ADJOURNMENT
With no further business to came before the Board, Commissioner
Marshall adjourned the meeting.
Don Willhoit, Chair
Beverly A. Blythe, Clerk