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APPROVED 1l 15 88
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
OCTOBER 18, 1988
The Orange County Board of Commissioners met in regular session on October 18,
1988 at 7:30 in the Courtroom of the old Post Office, Chapel Hill, North Carolina.
Motion was made by Acting Chain Moses Carey, seconded by Commissioner Halkiotis to
continue the meeting at Lincoln Center at 7:45 on October 18.
VOTE; Ayes, Chair Moses Carey, and Commissioners Halkiotis, Hartwell and Marshall.
BOARD MEMBERS PRESENT: Acting Chair Moses Carey, Jr., Commissioners Stephen
Halkiotis, John Hartwell and Shirley E. Marshall. '
BOARD MEMBER ABSENT: ban Willhoit (out of state).
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert
Kittrell, Deputy Clerk Kathy Baker, Agricultural Extension Director Fletcher
Barber, Planner Gene Bell, Glerk to the Board Beverly A. Blythe, Deputy Finance
Officer Ken Chavious, Director of Housing and Community Development Tara Fikes,
Purchasing Director Porn Jones, Sheriff Lindy Pendergrass, and Director of
Personnel Addie Wright Turner.
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A. BOARD AND MANAGERS COMMENTS
Commissioner Hartwell described a situation which occurred on Saturday. The green
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boxes were full with excess trash being placed around the area. He stated that it
appeared that the trash is more than can be handled by the County. A report will be
given at the next meeting on this situation and a progress report on consolidation of
sites.
S. PUBLIG GOMMENTS
None
G. MINUTES
The August 16th minutes were tabled for further clarification o£ item G10 by the
County Attorney.
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the minutes for September 20 as circulated.
VOTE: UNANIMOUS.
PUBLIC CHARGE
Commissioner Moses Carey, Jr. read the public charge.
PUBLIC HEARING
1. COUNCILVILLE COMMUNITY ROAD NAMING
This public hearing was to receive citizen comment on. the naming of two roads
in the Councilville Community, currently known as "Street A" and "Street B".
Petitions were submitted with the signatures of a majority of property owners along
both streets respectively. Street A is requested to be named Pine Acres Road and
Street B named St. John Church Road. General Statute 143-240 requires that a Public
Hearing be held on the naming or renaming of a road.
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THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
Regina Mitchell spoke in opposition of renaming Street B St. John Church Road
because the road runs in back of the church and suggested naming the road in front of
the church St. John Church Raad. She stated that the original petition had the names
Council Lane and 5t. John Church Raad. She stated that the first homeowner in that
area was Jesse Council who is her grandfather who donated the land for the church.
She spoke in support of renaming Street A St. Jahn Church Road and Street B Council
Lane.
John Council, Jr, spoke on behalf of his father. He supported the suggestion made
by Regina Mitchell.
WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED.
Director of Housing and Community Development Tara Fikes stated that the petition
to rename the road Council Lane had only five signatures.
After further discussion, the Board requested that Tara Fikes work with the
citizens in this area to attempt to resolve the disagreement. She was requested to
prepare a historical abstract giving the history behind the communi.ty•and the Council
family.
With reference to the petitions, Geoffrey .Gledhill indicated the decision to
rename the roads is a Board decision which may or may not take into consideration the
petitions that were signed.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
continue the public hearing until November 15 to receive a report from Tara Fikes.
VOTE: UNANIMOUS.
D RESOLUTIONS OR PROCLAMATIONS
None
E. REPORTS
1. NORTH CAROLINA FOREST SERVICE FOR 1987-88 (A copy of this report is in the
permanent agenda file in the Clerk's Officice).
Bradsher E. Bowling, Orange County Forest Ranger, reported on the
accomplishments made by the North Carolina Forest Service in Orange County for the
fiscal year 1987-88. He expounded on his responsibilities and his relationship with
the Agricultural Extension Agency.
2. EFLAND SEWER FROJECT
County Manager reported that the system is virtually completed. A letter
will be sent to each of the original petitioners who will have the gravity service in
front of their home or business informing them the service is available and giving
instructions an tapping on to the sewer line. An application will be available for
those who did not sign up originally. The third group is that group which signed the
petition but does not have the gravity line available to them yet. A plan for
implementing the remaining phases of the sewer project will be presented to the Board
of Commissioners at a later date.
3. MUTUAL AID COMPACT FOR WATER SUPPLY EMERGENCIES
Commissioner Hartwell explained the changes in the draft joint resolution
"Establishing Common Local Policies for Mutual Aid during Water Supply Emergencies in
Region J, North Carolina". He answered various questions from the Board members. A
final resolution will be placed on the November 1 agenda.
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F. ITEMS FOR DECISION = CONSENT AGENDA
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
take the following action on.items listed on the consent agenda.
1 MCDEVCO CONTRAG AS MANAGEMENT CONSULTANT FOR AIRPORT PROJECT
Approve and authorize the Acting Chair_to sign a contract with Mcpevco
Associates, Raleigh, NC far management services associated with the Orange County
Airport Project.
2. CONTRACT APPROVAL ~ UP BLIC WORKS ADMINISTRATIVE BUILDING
Approve and authorize the Acting Chair to sign a contract with Holt
Construction Company for the purpose of constructing a building to house
administration offices at the Public Works Department in the amount of $127,560. This
was approved contingent upon review and approval by the County Attorney.
3 COMMUNITY DEVELOPMENT BLOCK GRANT = PROJECT ORDINANCE
Adopt the project ordinance for the 1988 Community Development Block Grant as
stated below: ,
COMMUNITY DEVELOPMENT BLOCK GRANT - 198$
Be it ordained by the Board of Gommissioners of Orange County, North Carolina that,
pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the
following grant project ordinance is hereby adopted: Section 1. The project
authorized is the Community Development project described in the work statement
contained in the grant agreement 88-C-7730 between this unit and the Department of
Natural Resources and Community Development. This project is more familiarly known as
the 1988 Community Development Project.
Section 2. The officers of this unit are hereby directed to proceed with the grant
project within the terms of the grant documents, the rules and regulations of the
Department of Natural Resources and Community Development and the budget contained
herein.
Section 3. The following revenues are anticipated to be available to complete this
project
Community Development Grant $ 600,000
• Program Income 300
Total Revenues $ 600,300
Section 4. The following amounts are appropriated far the project:
Acquisition $ 3,000
Street Improvements 99,925
Sewer Improvements 97,688
Water Improvements 64,718
Clearance Activities 1,700
Rehabilitation of Privately Owned Dwellings 185,128
Administration 81,388
Sewer Improvements - Local Option E6~,753
Total Appropriations $ 600,300
Sectian 5. The finance officer is hereby directed to maintain within the Grant
Project Fund sufficient specific detailed accounting records to provide the accounting
to the grantor agency required by the grant agreement and federal and state
regulations.
Section 6. funds may be advanced from the General Funds for the purpose of making
payments as due. Reimbursement requests should be made to the grantor agency in an
ozderly and timely manner.
_ Section ~ Copies of this grant project ordinance shall be made available to the
finance officer for direction in carrying out this project.
ADOPTED THIS 1$th DAY OF OCTOBER, 19$8.
4. EFLAND SEWER PROJECT - PURCHASE OF EASEMENTS
.__. Approved the payment for easements taken for the Orange county sewer project
as listed below:
Thomas A. McDade heirs $450.00
87-CVS-499
Charles McAdoo heirs $ 60.00
87-CVS-679
Walter Currie heirs $610.00
87-CVS-495
5~ REQUEST T~ INITIATE LEGAL ACTION = GEORGE CORBETT
Approved initiation of legal proceedings against. George Corbett because of
violation of building and health department regulations.
6. RE_,OUEST TO INITIATE LEGAL ACTION = ROBERT WEBSTER
Approve initiation of legal proceedings against Robert Webster, Jr. because
of being in violation of N.C. G.S. 153A-357 "Permits".
7. PUBLIC-PRIVATE PARTNERSH'!P DUES
Approve an expenditure of $1200 far annual dues to the Public-Private
Partnership organization.
8. AGRICULTURAL EXTENSION 4~H AGENT
,_ Moved to item G0.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION ~ REGULAR AGENDA
0. AGRICULTURAL EXTENSION 4~H AGENT
Agricultural Extension Director Fletcher Barber explained that on June 22,
1988, the Board appropriated $10,200 as the county share for the employment of a full-
time 4-H Agent to enhance the youth focus of the County Agriculture Extension Service.
The proposed new position would be funded at 25~ state ($5,646), 75~ county ($16,929)
for this year, with an adjustment to 50-50 cost sharing made for next year.
Acting Chair Moses Carey expressed dissatisfaction with the State Extension
pepartment which led to the need for this position. The position is important to the
County citizens axid the staff is needed for the program.
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis
to approve the position and funding as outlined above and encourage further dialogue
with the District Extension Director so that a clearer line of communication can be
developed.
VOTE: UNANIMOUS.
1. DRUG ABUSE RESISTANCE EDUCATION PROGRAM (A copy of the complete narrative is
in the permanent agenda file in the Clerk's Office).
Sheriff Lindy Pendergrass explained the Drug Resistance Education Program and
how it would be implemented in Orange County Middle Schools 6th grade. Staffing will
be provided by~reclassifying apart-time deputy position to full-time.
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Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell
to approve the implementation of the Drug Abuse Resistance Education Program as
recommended by Sheriff Pendergrass and the County Administration.
VOTE: UNANIMOUS.
2 ZONING ATLAS AMENDMENTS (The Zoning Atlas Changes are listed in the agenda
abstract and are in the permanent agenda file in the Clerk's Office).
a. Z-1-88 Cheeks Township
Planner Gene Bell listed the ten (10) Zoning Atlas changes showing each
on a map. The Planning Board and the Administration approved eight (8) of the ten
(10) rezonings and their incorporation into the Orange County Zoning Atlas, as listed
in the agenda abstract on pages 3 and 4.
In answer to a question from Commissioner Halkiotis about a concern raised by
Mr. Nichols on the change of designation which would cause him to lose 20 feet of toad
frontage, Gene Bell explained that he was referring to the Rl classification and that
under that zoning classification, a person doing a subdivision would be required to
have a 150 feet of road frontage in an AR lot. Whereas in an R1 lot they are required
to have 120 feet. Permitted uses in the two zones are very similar.
Geoffrey Gledhill commented that one notion mentioned at the public hearing
was that some parcels may be rendered nonconforming and that the only residential
properties that would be affected by this would be parcels that are adjoining each
other.
Commissioner-Hartwell questioned whether anything is gained by changing the
classification of that particular section. We get a bigger road frontage but open
ourselves up to a Mr. Teer who might want another quarry.
Gene Bell explained that the primary rationale was that this azea is low
density with a substantial amount of forest and agricultural land in the area. It
abuts the Water Quality Critical area of the upper Eno and all the land lies in the
upper Eno Watershed. The purpose was to promote as low a density development as
passible because of the watershed.
Commissioner Halkiotis expressed concern that this would open up this area
with respect to what kind of operations can take place in that area. The proposal
indicated that in an AR classification certain activities can take place which goes
beyond the goal you have.
Geoffrey Gledhill asked if extractive us e. was the only other permitted use
allowed in AR and Gene Bell stated that cemeteries and agricultural service uses are
also permitted uses. The geology of the area is not known, but that information may be
obtained.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis
to approve the proposed rezonings as recommended by the Administration and the
Planning Board with the exception of part one of number two which states "From R-1
Residential to Agricultural Residential - an area bounded generally by McGowan Creek
to the south, Efland-Cedar Grave Road to the west, and Lebanon Road to the north which
would leave this R-1.
Geoffrey Gledhill stated that it is in part at his urging that some of the
inconsistencies in the Land Use Plan are being corrected and the Planning $oard
recommendation and now the motion on the floor retains same of those inconsistencies
in the Land Use Plan. He urged them to be consistent with the Land Use Plan stating it
is one of the philosophies in the planning process. He recognized the politics of
legislating in a zoning azea but urged the Board to be consistent. He stated the
Board should not make a decision on not prezoning these commercial and industrial
properties where request is made on the basis of a long standing policy not to
prezone. That is not a policy the County has but is what has happened overtime in
reaction to rezoning requests. The appropriate legislative reason would be that you
don't think it is appropriate that these particular parcels be zoned as requested at
_ this time.
Acting Chair Moses Carey suggested holding this particular item open until
additional information could be obtained and until Mr, Gledhill could provide the
Board with a clarifying memo on what he had just stated,
Commissioner Hartwell withdrew his motion and Commissioner Halkiotis withdrew
his motion.
It was the consensus of the Board that this matter be tabled until additional
information could be obtained and until the County Attorney can provide the Board with
a clarifying memo on the items he mentioned.
b. Z-2-88 Hillsborough Township (The Zoning Atlas Changes are listed in the
agenda abstract and are in the permanent agenda file in the Clerk's Office),
Gene Bell listed the proposed rezonings in Hillsborough Township and noted
them on a map, The Planning Board recommended approval of all eight (8)) proposed
rezonings. The Administration recommended approval of the proposed rezonings and
their incorporation into the Orange County Zoning Atlas. except for those portions of
Duke Forest in Hillsborough Township. The Administration recommends that the PID -
Public Interest District designation proposed for Duke Forest be withheld until
receipt of a report being prepared which identifies the future uses of those lands,
County Manager John Link stated that Duke Forest has provided in writing an
assurance that the report will be made available on December 9,
Commissioner Marshall requested and the Board agreed that a special public
hearing should be set for January on the rezoning of the Duke Forest lands south of I-
85 from R-1 Residential to Public Interest District (PID)
Acting Chair Moses Carey stated that the delay of action on this item at
' ~ this time in no way indicates that this Board in any defacto way sanctions the process
or the outcome of the Duke planning process.
,.. Commissioner Halkiotis questioned if the letter from Max Wallace is enough
guarantee that nothing will be done with the Duke Forest Lands in 0
ran e
g County until
the report is presented and the County has an opportunity to respond, Gledhill
indicated he felt the letter is sufficient, The University has committed to make the
report public at the same time it is presented to the trustees.
Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis
to approve the Administration's Recommendation.
VOTE: UNANIMOUS.
c. Z-3-88 Eno Township (The Zoning Atlas Changes are listed in the agenda
abstract and are in the permanent agenda file in the Clerk's Office).
Planner Gene Bell listed the six proposed rezonings in Eno Township pointing
to each area on a map, The Administration recommends approval with the exception of
the Duke Forest Lands and the rezoning of three parcel north of I-85 and east of
Pleasant Green Road fram GC-4 to EC-5.
It was the consensus of the Board to table this item for further review on
being consistent with the Land Use Plan. Geoffrey Gledhill stated that if the area is
appropriate to be a commercially located property, then the Land Use Plan needs to be
amended.
d. Z-4-88 Chapel Hill Township (The Zoning Atlas Changes are listed in -the
agenda abstract and are in the permanent agenda file in the Clerk's Office).
Gene Bell listed the 3 proposed rezonings in Chapel Hill Township, The
Administration recommends approval of the following rezonings and their incorporation
into the Orange County Zoning Atlas per the recommendations of the Orange County
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Planning Board:
(1) University of North Carolina lands and U.S. Army Corp of Engineer lands ~
from Rural Buffer (R.B) or R-1 Residential to Public Interest District
(PID) `±
(2) Approximately 250 acres south of Davis Road from Agricultural ....
Residential (AR) to R-1 Residential and
(3) Approximately 2 acres in the University Lake Watershed from General
Commercial (GC4) to Existing Commercial (EC5).
The Administration further recommends that the PID-Public Interest District
designation proposed for those portions of Duke Forest in Chapel Hi11 Township be
withheld until receipt of a report being prepared which identifies the future uses of
those -lands.
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall
to approve the-Administration's recommendation.
VOTE: UNANIMOUS.
3s ZONING ORDINANCE TEXT AMENDMENTS -
Motian was made by Commissioner Hartwell, seconded by Gommissioner Halkiotis
to approve the proposed Zoning Ordinance text amendments which would implement the
provisions of the Joint Planning Agreement through:
(l) Incorporating, by reference, the Town of Chapel Hill Land Development
Ordinance as part of the Orange Gounty Zoning Ordinance, making its
provisions applicable to that portion of the Transition Area located
within the Chapel Hill Joint Development Area;.
(2) Incorporating, by reference, the Town of Carrboro Land use Ordinance as
part of the Orange county Zoning Ordinance, making its provisions
applicable to that portion of the Transition Area located within the
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Carrboro Joint Development Area; and
(3) Incorporating a new Article 20.3.3 into the Orange County Zoning
Ordinance which identifies procedures for considering and approving ~.....
amendments to the Town of Chapel Hill Land Development Ordinance (and
'Zoning Map) and/or the Town of Carrboro Land use Ordinance (and Zoning
Map).
VOTE: UNANIMOUS.
H, APPOINTMENTS
William Crowther was appointed to the Hillsborough Planning Board as an out-of-
tawn representative.
Brenda Swann was removed from the Planning Board because of failure to attend
meetings.
I. ADJOURNMENT
~. With no further items for cans.ideration by the Board, Acting Chair Moses Carey
adjourned the meeting. The next regular meeting will be held on November 1, 1988 at
7:30 p.m. in the Courtroom of the Old Gounty Courthouse, Hillsborough, North Carolina.
Moses Garey, Jr., Acting Chair
Beverly A. Blythe, Clerk