HomeMy WebLinkAboutMinutes - 19850805 000 .'76
MINUTES
ORANGE COUNTY BOARD OF CCMMISSIONERS
REGULAR MEETING
AUGUST 5, 1985
The Orange County Board of Commissioners met in regular session on
Monday, August 5, 1985, 7:30 p.m. in the Commissioners' Room in the Orange
County Courthouse, Hillsborough, North Carolina.
COMMISSIONERS PRESENT: Chair Don Willhoit, and Commissioners Shirley
Marshall, Moses Carey, Ben Lloyd, and Norman Walker.
A=OR EY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: Assistant County Managers Albert Kittrell and William T.
Laws, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Data Processing
Manager Keith Brooks, Recruitment and EEO Specialist Vanessa Bryan, Director
of Planning Marvin Collins, Personnel Analyst Darlene Farrish, P::anner Eddie
Kirk, Tax Supervisor Kermit M. Lloyd, Director of Aging Jerry Passmore,
Director of Health Jerry Robinson, Planner Susan Smith, Systems Analyst Jane
Sparks, Senior Center Supervisor Melody Trent, and Director of Personnel
Beverly Whitehead.
A. BOARD CCHMENTS
None
B. AUDIENCE Cag4ENI'S
I. MATTERS ON THE PRIX= AGENDA
Chair Willhoit requested those who would like to speak to the public
hearing items to sign their name on a list that was being circulated.
2 MATTERS NOT ON THE PRINTED AGNM
None.
C. MINUTES
Chair Willhoit requested the minutes be postponed until the rtext meeting.
D. NAM ACHIEVEMENT AWARDS
Don Willhoit recognized on behalf of the Board and expressed appreciation
to those persons responsible for planning and developing the projects for
which awards were granted. They are as follows:
(1) Coordinated Leisure Programming for Senior Citizens - avrard received
by Ruth West and Jerry Passmore.
(2) Public Health Dental Screening - award received by Evelyn Lloyd and
Jerry Robinson.
(3) Countywide Computerization - award received by Keith Brooks and Jane
Sparks.
(4) Computerization for Sheriff Data and Reporting - award received by
Jane Sparks.
E. APPOINTMENTS
CARRBORO PLANNING BOARD
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Olivia Ludington.
VOTE: UNANIMOUS.
JURY COMMISSION
Motion was made by Commissioner Carey, seconded by Commissioner
Lloyd to reappoint Mary Copeland.
VOTE: UNANIMOUS.
DOMICILIARY HOME ADVISORY CCMITTEE
000177
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Maggie L. Lee.
VOTE: UNANIMOUS.
SOLID NAM TASK FOXE
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Martha H. Keating.
VOTE: UNANIMOUS.
�I09L MERGER STUDY COMMISSION
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Mary Cay Corr, Peter A. Toping, and A. Joy Frel:inger.
VOTE: UNANIMOUS.
CHAPEL HILL BOARD OF ADJUS-IMENT
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to appoint Edward White as a regular member.
VUPE: UNANIMOUS.
ORANGE COUNTY BOM OF ADJUSIMENTP
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to appoint Michael R. Drowns as a regular member and Thomas M. Headen
as an alternate.
VOTE: UNANIMOUS.
REGION J EMS CCUMIL
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint G. Kenneth Morgan.
VOTE: UNANIMOUS.
CHAPEL HILL BOARD OF ADJUSTMENT
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to reappoint Velverton Land.
VOTE: UNANIMOUS.
1._ 1985-86 SECCUDARY ROAD IMPFO-VIIENTS PROGRAM (A copy of the program
is in the permanent agenda file in the Clerk's office)
Bill Buchanan, member of the Board of Transportation, introduced
John Watkins, Division Engineer who explained the rating system for the
secondary roads. The County is allocated an amount of money based on the
number of unpaved roads as compared with the total number of unpaved roads in
the State. The general statute requires that a priority system be established
and followed for the paving of unpaved roads. The amount allocated to Orange
County for 1985-86 is $573,272.
Watkins noted that Old NC 86 will continually need to be upgraded
since it is the only north-south road that is legal to carry heaxy loads. He
listed those roads which are proposed for the 1985-86 road improvEnent program
and pointed out that SR 1538, New Sharon Church Road, from SR 100:', to NC 57 is
partially funded this year and will be completed next year.
Chair Willhoit received from the Secondary Road Committee, which was
appointed last year, a resolution which questioned why Saddle Drive, which did
not ever appear on the list, is now scheduled to be paved. Watkins indicated
that this road begins in Durham County and extends into Orange County.
Watkins explained that Participatory Owner type Progrzums (POP) are
projects classified as subdivisions or roads where there is a high density of
houses. The POP list is compiled on a first come first serve basis and is
generated by a petition signed by 75% of the property owners comprising 75% of
the front footage.
Ida Fuller asked that more consideration be given to those who live
in the Northern part of the County and to those roads that need to be paved.
0001'78
Soma Richmond referred to Road #1362 and her desire to get it paved
because of the bus traffic and the ruts and dust.
Odessa Corbett asked about SR 1127 and if enough funds were
available to complete the project and Mr. Watkins indicated the project would
be placed first on the priority list for next year for completion. Corbett
endorsed the project.
Vance Thompson spoke on behalf of Ellie Mae Road #1362. There are
16 families on the road with four (4) school buses, and a church. 'Thompson
indicated that the road is bad in the winter and that dust is also a problem.
He asked consideration for paving the road.
Joe Thompson expressed concern about #1362 and the dusi., ruts, and
glass on the road and asked for gravel to be put on the road.
Watkins asked that the Secondary Road Advisory Committee send to Mr.
Buchanan any suggestions for changing the point system.
Barbara Lakey represented about 40 people from New Sharon Church
Road and expressed appreciation for the state placing this road on the 1985-86
list and asked that the Board of Commissioners approve the reconwnded list.
J. W. Taylor travels several of the dirt roads daily and noted that
with the system which is presently used, there is no way those roads will ever
be paved. There is a need to look at the formula and the POP program to make
it more equitable.
Pearl Simpson, representing New Sharon Church Road, indicated they
have had the runaround since 1972. A dozen petitions have been signed and the
road is in very bad condition. There are five (5) school buses; that travel
the road several times a day.
Gerry Hancock asked when the work would start on the projects
recommended for approval and if there was any assurance the mc►ney would be
available to finish the road.
Watkins stated they could not give a definite assurance because it
depends on the General Assembly and the funds allocated for the program. The
work may begin in the fall of 1985 but most likely will begin in the spring of
1986. They must wait on the availability of equipment.
Stan Lakey asked for a time table for the completion of the work on
New Sharon Church Road and asked if there is anything the people in that
community could do to expedite the project.
Mr. Watkins noted there is nothing to do since the right-of-way is
already there.
Burrie Pinnix expressed concern about a three mile stretch of SR
1341B on Harmon Church Road and questioned why only a portion of that road is
paved.
Watkins explained that some roads are broken into sections according
to the number of paved crossroads.
Pinnix noted there is a lot of school bus traffic. The scraper
comes just before a rain and there is no gravel on the road which would be
appreciated.
Lloyd Pinnix expressed concern about the ruts on SR 1341B.
Vance Thompson also questioned the paving procedure for #1361 and
why part of the road had been paved for 15 years and the remainder not paved.
Watkins noted the priority system started in 1972 and he cannot speak to the
criteria used before that time.
Commissioner Carey questioned whether the point system for school
buses reflected the number of buses or number of routes.
Commissioner Marshall expressed to Mr. Buchanan a concern `f�rqg 9
program which seems to discriminate against some people and feels that the
State needs to look closely at the problem.
Buchanan spoke as a Board member and noted that if -the Board of
Commissioners feels this program is not serving those people in Cae area, they
may pass a resolution to pave a road and hold a public hearing im-id forward a
letter to move the road out of priority and he would recommend to the Board of
Transportation to move it out of priority. The system does not discriminate
between black, white, etc. but is a fair system. He would like to receive any
recommendations for making the system more equitable.
Commissioner Walker stated he feels the system is fai:_ and that no
one is discriminated against.
Commissioner Marshall expressed concern for roads on the priority
list which have been moved further down on the list.
Chair Willhoit noted that when they added the subdivision roads to
the list in 1983 it caused some roads to be moved down on the lisi:.
Watkins explained that the rural roads with 100 traffic court or
more are put on the top of the priority list and the subdivis:Lon roads are
mixed in below according to the point system.
Chair Willhoit referred the public comments to the Secondary Road
Improvement Advisory Committee and Mr. George H. Bressler, Chair of that
committee. He asked if a tour could be arranged for the Board to look at
some of the roads.
Thompson questioned the repaving of roads and John Watkins indicated
that the State has reduced the spot stabilization program. Those funds are
allocated to the County for maintenance.
THERE BEING NO FURTHER COKKENTS, THE HEARING WAS CIASED.
2. PINEVIEW ROAD/P M"%7IEW DRIVE - FINAL ASSESSMENT RULE
Planner Susan Smith presented for public comment they Preliminary
Assessment Roll for Pineview Road/Pineview Drive.
Mattie O'Neal spoke of her inability to pay the assessment. Her
daughter Joyce Hewett indicated they are not opposed to the paving of the road
but only that some of the people cannot afford to pay the assessment. Her
mother is living on disability income and has been assessed $567.12.
O'Neal's house faces Sesame Road but her driveway is on Pineview Road.
Chair Willhoit pointed out that the requirements for the! project had
been complied with and asked what the impact would be on the project if this
property was deleted.
Commissioner Walker questioned the possibility of the other property
owners paying the assessment for Mrs. O'Neal.
Geoffrey Gledhill indicated that each property owner would be
assessed for a portion of the total project cost. However, if the individual
assessment amounts were to be changed, the process would need to be repeated.
THERE BEING NO FURTHER CM=S, THE HEARING WAS CLOSED.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Walker to defer action on the Pineview Road/Pineview Drive PPP Project.
VOTE: UNANIMOUS.
3. CLBARWATER LAKE ROAD - FINAL ASSESSMENT ROLE
Planner Susan Smith presented for public comment they Preliminary
Assessment Roll for Clearwater Lake Road. The assessment was done on a per
lot basis.
THERE BEING NO COMMENTS, THE HEARING WAS CLOSED.
000180
Motion was made by Ca:rmissioner Carey, seconded by Commissioner
Marshall to (1) confirm the Assessment Roll, (2) Accept the Certificate of
Mailing offered by the Clerk, and (3) direct the Tax Collector to collect the
assessment. Confirmation time took place at 9:32 p.m.
ITEMS FOR DBUSION
4_. COMMISSION FOR WOMEN RESOLUTION
Judy Eastman, Chair of the Commission for Women, presented for
consideration of adoption the following resolution prepared biy the Orange
County Commission for Women:
WHEREAS, Harriet Morehead Berry (July 22, 1877-March 24, 1940)
was a native of Hillsborough and a long time resident of Chapel
Hill and Orange County, and
WHEREAS, Harriet Morehead Berry from 1917-1921 ww; a leader in
the North Carolina good roads movement, and
WHEREAS, Ms. Berry, as acting head of the North Carolina
Geological and Economic Survey, led the North Carolina Good
Roads Association in an attempt to secure legislation to
construct a state system of hard-surface roads, aril
WHEREAS, upon failure to secure an adequate law, she exerted
strenuous efforts between 1919 and 1921 to speak in 89 of North
Carolina's 100 counties, and disseminated news releases,
letters, petitions, and circulars, and
WHEREAS, through her efforts the membership of the North
Carolina Good Roads Association increased from 272 to 5500, and
WHEREAS, in 1921 she led a unified and enthusiastic good roads
movement to the General Assembly and emerged with a road law
that created a powerful state highway commission zind committed
North Carolina to the construction of a state system of modern
highways, and
WHEREAS, Josephus Daniels, long time editor of the Raleigh NEWS
AND OBSERVER, wrote, "to her credit stands one of the most
stupendous pieces of legislation in the history of the state,
the authorization of a statewide system of road", zind
WHEREAS, in 1962 the state highway commission authorized
placement of a bronze plaque in the Highway Building
commemorating Harriet Morehead Berry as "North Carolina Mother
of Good Roads", and
WHEREAS, no highway in North Carolina is named for Ms. Berry,
and
WHEREAS, Interstate Highway 40 is now under construction in
Orange County,
NOW THEREFORE BE IT RESOLVED that the North Carolina Board of
Transportation, in recognition of Ms. Berry's contributions and
leadership, name the Orange County segment of Interstate
Highway 40 the HARRIET MOREHEAD BERRY HIGHWAY."
Motion was made by Commissioner Marshall, seconded by Commissioner Carey
to adopt the resolution as stated above.
VOTE: UNANIlWS.
7 1985-86 SECONDARY ROAD PROGRAM
Motion was made by Commissioner Walker, seconded by Commissioner
Carey to approve the 1985-86 secondary road improvements program as proposed
by the Department of Transportation.
VOTE: UNANIMOUS.
000 .81
PBQP= OF NARD T D -PREL INARY PLAN
Planner Susan Smith presented for consideration of approval the
Preliminary Plan for Leonard Wilson. The property is located in Little River
Township along Schley Road. Nine lots are proposed out of approximately 9.73
acres. The property is not zoned and is designated Agricultural-Residential
in the Land Use Plan. The Planning Board recommends approval subject to the
following conditions:
(1) Combined driveways between lots 1 and 2, 3 and 4, 5 and 6, and
7 and 8.
(2) Health Department approval. As of July 22, 1985, the Health
Department has checked and approved 7 of the 9 lots.
Smith indicated that the applicant made every effort to have the
Health Department review all lots well in advance of submitting the
preliminary plan for approval. In response to a question whether Health
Department approval is required on all the lots, she indicated there are ways
to handle it through the subdivision process when final plans are reviewed for
approval and before they are recorded. If there is a lot that does not perk
and has been checked by the Health Department, there is a notation put on the
plat that the lot is unsuitable for building purposes. If the applicant
simply wants to subdivide the property for some other purpose end does not
choose to have the Health Department review, the notation is similarly put on
the plat.
Motion was made by Commissioner Lloyd to approve the recommendation
of the Planning Board,
MOTION DIES FOR LACK OF A SECOND.
Carl Walters, representative of the Planning Board, noted that the
applicant acted in good faith and felt the notation on the plat wc-6s sufficient
to insure compliance and there was no need to delay.
Motion was made by Commissioner Lloyd to approve the recommendation
of the Planning Board subject to the Health Department approval. of all nine
lots.
Chair Willhoit made a substitute motion to include the
recommendation of the Planning Board and allow the applicant to combine lots
which do not pass the soil evaluation test with those that do. Commissioner
Carey seconded the motion.
VOTE TO SUBSTITUTE: UNANIMOUS.
VCTE ON THE SUBSTITUTE MOTION: UNANIMOUS.
6. PROPERTY SURVEYID FOR PATRICIA R. ENOCH - PRELIMINARY PIAN
Planner Susan Smith presented for consideration of approval the
Preliminary Plan for the property surveyed for Patricia R. Enoch. The
property is located on SR1310 (Frazier Road) in Cheeks Township. The tract is
designated as rural Residential and Water Supply Watershed on the Land Use
Plan. One lot is proposed out of 16.97 acres. The Planning Board recommends
approval with the condition that the front yard setback be changed to 40 feet
as required in a R-1 district.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to approve the recommendation of the Planning Board.
VOTE: UNANIMOUS.
7. NDRTH FORK PHASE II - PRELIMINARY PLAN
Planner Susan Smith presented for consideration of approval the
Preliminary Plan for North Fork Phase II. The property is located in Little
d .3 ;J�.�2
River Township off N.C. 57. Twelve lots are proposed out of 12.74 acres. The
Planning Board recommended approval subject to the following conditions:
(1) Access to Sweet Drive be restricted by note on the plat or by a
restricted access easement of 15 feet along Sweet Drive.
(2) NCDOT approval. NCDO►r is waiting for Phase I to be replatted
with property lines to the edge of the right-of-way and re-
recorded with NMOT stamp.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the recommendation of the Planning Board.
VOTE: UNANIMOUS.
8. WEDGEWQOD SECTION 2 - PREL•IMnV ' PLAN
Planner Susan Smith presented for consideration of approval the
Preliminary Plan for Wedgewood Section 2. The property is located in Cheeks
Township off West Lebanon Road with one lot fronting on Frazier Road. Four
lots are proposed out of approximately 10.19 acres. NCDOT has irilicated that
the sight distance looking west along SR 1306 is adequate; however, sight
distance looking east is less than desirable. The road serving the
subdivision was established as part of the minor subdivision. The Planning
Board recommends denial based on a motion for approval that failed on a 3 to 4
vote. The reasons stated for denial were traffic safety and concerns about
development in a water supply watershed. The Planning Staff' recaamends
approval with a 30-foot drainage easement along the creek through Lots 3, 4,
and 5.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the recommendation from the Planning Board for denial.
Carl Walters, a member of the Planning Board, indicated no
consideration was given for an entrance on Frazier Road. That road has twice
the lot frontage, a stop sign and a lower speed limit. He felt the lack of
adequate site distance created a dangerous condition. Consideration should
have been made for putting an entrance onto Frazier Road because of the safety
factor, the 55 mph speed limit on Lebanon Road, and the anticipated growth in
the area.
Commissioner Marshall questioned the approach of requesting
subdivision approval, then returning later and using the pre-existing road as
a basis for further development.
Greg Sheperd, representing the applicant, made some comments with
regard to site distance and cited Section IVE3C of the Subdivision Regulations
which states that public streets may be constructed to NC3XOr Standards,
including those for sight distance. Section IVB3E states that Private Roads
may be constructed to Orange County standards which do not require a minimum
sight distance. Sheperd pointed out on a map those areas affected by limited
sight distance. The best solution would be to move the road further east
which would enable a person approaching the intersection to see further down
the hill. That is not passible because of an existing lot. A ccS-de-sac off
of Frazier Road is not desirable because the proposed lot layout would result
in two lots with double frontage which is not permissible in they Subdivision
Ordinance and two lots which are useless because of their location. He
expressed no problem in accepting the recommendation of the Planning Staff.
A motion to substitute a motion was made by Commissioner Walker,
seconded by Commissioner Lloyd to approve the recommendation of the Planning
Staff.
VcTE ON THE MOTION TO SUBSTITUTE: AYES, 4, NOES, 1 (Commissioner Carey) .
VOTE ON THE SUBSTITUTE MOTION: AYES, 4, NOES, 1 (Caimissioner Caney) .
430 .83
9_. Prcmp sw=Aw Ammam TO THE LAw usz PAN }3 umm BY
CHANDLER CUX=E CQHLp=
Planner Gene Bell presented for consideration a proposed secondary
amendment to the Land Use Plan submitted to public hearing on May 28, 1985.
Two principal issues were raised: (1) undesirable and potentialLy hazardous
industrial wastewater runoff and (2) possible expansion of an existing
concrete plant operation. Following the hearing, Mr. Chandler, the owner,
amended his application to include an area of 1.41 acres rather than 4.34
acres as originally requested. This would give him just enough area to
encompass the retention ponds. The amended application sought to address the
protection of the public safety, health and welfare, and citizen concerns
regarding expansion of the plant and increased traffic. The Planning Board
recommends denial of the request based on a 3 to 4 vote on a motion to approve
the 1.41 acre amended request. The Planning Department recommends approval of
the request provided that a smaller area of the lot in question is designated.
Staff recommends that the proposed lot line be moved to the northwest
approximately 120 feet reducing the area for redesignation from 1.41 acres to
0.86 acres.
Chair Willhoit acknowledged receipt of a letter from Mr. Harry
Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the
Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the
amended application be subject to another public hearing because of the
substantial change in the application.
John Chandler, President of Chandler Concrete, indicated the request
is a modification of the request that went to public hearing on May 28. The
request is that less property be subject to the Land Use Plan. He accepts the
decision that expansion of his business is not desired by the c(amaanity. He
constructed the ponds to comply with environmental regulations. He presented
a letter to substantiate his comments about the ponds. The 1.41 acres is the
minimal amount that will enable him to meet environmental regulations.
Philip Post, engineer for the applicant, illustrated on a map the
location of the two ponds and the provisions to accommodate the runoff of
water. A third basin is recommended in order to accommodate the 100-year
storm.
In answer to a question from Chair Willhoit, Gene Bell indicated the
amendment to the Land Use Plan would be needed to provide for the protection
of the public health, safety and welfare and to address the runoff problem.
Approval of the request would enable Mr. Chandler to meet local requirements
and submit his plans for the retention ponds to the State.
Mr. Chandler indicated the amendment is based on an extension of a
designated use onto contiguous property not in excess of 10 acres. He pointed
out that when the ponds were put in he had a permit to grade and dig the ponds
which was approved by the Sedimentation and Erosion Control Officer for the
County.
Betsy Rhine, an adjoining property owner, stated Mr. Chandler was
directed by the N.C. Division of environmental Management (NCDEM) to put the
ponds on his existing land.
Gene Bell indicated he spoke with Carolyn McGaskil of NCDEM
regarding the original location for the ponds. She indicated they advised Mr.
Chandler to put then on the lower end of the property. They knew nothing
about Mr. Chandler owning the adjoining tract or the zoning of such property.
000184
Phil Post indicated the ponds are on the lowest part of the tract
where they should be.
Chair Willhoit indicated that because of the number of substantial
changes made in the proposal since the public hearing, the project should be
scheduled for another public hearing so that the concerns of the citizens may
be heard on the amended proposal.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to refer the revised proposal for the 1.41 acres as submitted by the
applicant to public hearing on August 28.
Joyce Garrett, attorney for Chandler Concrete, noted that consent
by NCAEM can not be given until there is a modification of the Land Use Plan
and the subsequent rezoning. She emphasized that Mr. Chandler would like a
decision just as soon as possible.
Chair Willhoit indicated there are many concerns and questions which
need to be addressed through a new public hearing. The proposal will then go
back to the Planning Board before being presented to the Board of
Commissioners for a decision.
Planning Director Marvin Collins indicated the grading permit was
issued because of the interpretation that it was a public health hazard
recognized by the State and the County Health Department which had to be
addressed. Complaints were then received from the adjoining property owners.
The County Attorney then indicated the interpretation was wrong and that Mr.
Chandler would have to cease the use of the property for any purpose related
to the concrete plant.
Commissioner Marshall asked about other solutions to they problem and
Phil Post indicated that water from the plant and stormwater runoff can only
be controlled in some down hill area. The best engineering solution was to
install the basins.
Motion was made by Commissioner Carey, seconded by Commissioner
Lloyd to have both the rezoning and the Land Use amendment with the revised
proposal considered at the same public hearing so the matter can be expedited
and the public health problem dealt with.
VUTE: UNANIMOUS.
10_._ RECXJM FOR AMENDMENT TO A COITION OF THE CLASS A SPECIAL USE
PERMIT FCR WEST TEN MOBILE PARK
Planner Susan Smith presented for consideration of approval a
request from Darrell Garrett and Waylon McFarland for modification of the
conditions of approval for the Class A Special Use Permit for Wert Ten Mobile
Park granted by the Board on July 1, 1985. The applicant requests that the
Board amend the conditions of approval to allow for the construction of a
natural base trail system of grass and mulch given the length, estimated use
and cost of construction. The original condition indicated the trail system
should be built as recommended by the County Recreation Department. That
department had recommended a rock dust base. Section 8.7.1.a of the Zoning
Ordinance provides that a change in an imposed condition shall constitute a
modification and be subject to consideration through a public hearing process.
Geoffrey Gledhill clarified that the change can be considered a
minor change which would require approval by the Board and not be subject to
another public hearing.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey that the request be considered a minor modification and the applicant be
allowed to add park benches along the pedestrian pathway and delete the rock
dust base, substituting instead grass and mulch.
VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . 000185
SPECIAL PURLTC! HMING-LFTPF'R FRCM PHE, INC.
Chair Willhoit noted that in early June a meeting v s held with
several members of the Planning staff, Alice Gordon, Sylvia Price and Frank
Broome, the executive Vice President of PHE to discuss their short term
expansion needs. At the conclusion of the meeting, in an effort, to expedite
proceedings, it was decided to advertise for a July 1, 1985 put)lic hearing.
Before the ad was placed, Mr. Broome notified the Planning Department the
plans would not be ready for a July 1 public hearing. The it( m was then
placed on the agenda for July 1 requesting a public hearing be held on August
5. Around June 15, a letter was received notifying the County that PHE, Inc.
would be moving to Alamance County.
Commissioner Carey indicated he also met with Mr. Broonx� and assured
him of his cooperation to accommodate his short term expansion needs.
ORANGE COUNTY PER_SOMM OBS)INA= ( A copy of the Personnel Ordinance is
in the permanent agenda file in the Clerk's Office) .
Beverly Whitehead presented for consideration and adoption the
proposed Personnel Ordinance. She clarified that section 2.4 pertains to the
employees of the Health Department and the Social Services Department and has
no impact on time relationship between time director and their respective Boards
which are covered in the General Statutes. In response to a question about the
pay plan, Whitehead stated that the Board approves the pay plan impart from the
Ordinance on an annual basis.
Commissioner Marshall pointed out the range of Board delegation to
Manager suggested in G.S. 153-82 and that decisions within these ranges should
be made by the Board and included in Article I, Section 7.0 of the Ordinance.
Chair Willhoit asked that G.S. 153-82 be distributed to Board for
subsequent discussion.
It was decided to change the two day time period mentioned in the
Sexual Harassment section to immediately and time one day period to immediately,
to delete section 6.1 with reference to an employee holding an elective office,
to add to the list of definitions the definition of exempt and nonexempt, to
include those sections of the General Statutes which are referenced in the
Ordinance, to change the wording in section 4.2 to read period of six months,
to retain the existing ordinance for workmen's
compensation, and to change the "and" in section 9.2.3.a (Travel allowance) to
read "or".
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the Personnel Ordinance with the changes listed above and the
understanding that further modifications will be suggested within the next few
weeks.
Vn►M: UNANIMOUS.
The Manager recommended the following action be taken by the Board:
11, ADVF'.E2-ISi• M OF PROPOSED ZONING ORDINANCE TEXT' AND ATLAS
AMENDMEMTS
Accept as to form the legal advertisement for petters to be
presented to public hearing on August 26, 1985. The Zoning Atlmms amendments
under consideration are (1) Z-10-85 Cornwallis Hills, and (2) SU]-1-85 Bingham
School Inn. The Zoning Ordinance text amendments include Articles 6.23.4,
6.24.6, 6.23.7, 6.24.8, 7 and 8.
12 PLANNING SERVICES AGREEMENT WITH THE TOWN OF HILLSBOR(X
000186
Approve the planning services agreement with the Town of
Hillsborough and authorize the Chair to sign.
16 OIDER AMERICANS ACT CONTRACTT
Approve the contract for Title III-B Older Americans Act (social
services/senior center) funds with Triangle J Council of Governments effective
July 1, 1985 through June 30, 1986 for federal funds in the amount. of $83,669.
17. A 2B0ZL OF RSVP GRAM AWARD FROM THE TOWN OF )
Approve the RSVP Grant Award from the Town of Carrboro for the
period of July 1, 1985 through June 30, 1986 in the amount of $800 in local
funds and authorize the Chair to sign.
1-8 LAND RECORDS STATE GRANT TO ORANGE COUNTY-RF'�TtTIO
Approve a resolution of desire to continue participation in the
State of North Carolina's Land Records Management Program, and to qualify the
County for receiving $89,000 in matching funds for the improvement of Orange
County's land records. The resolution reads as follows:
BE IT RESOLVED, by the Orange County Board of ccomissioners,
that it recognizes and appreciates the Land Records Management
Program and its assistance to counties through matching
grants, and desires to participate in the modernization
program of land records for the 1985-86 year. It further
agrees to abide by the agreements and contracts with the
program that are mutually adopted.
19. CONTRACT FOR F00D STAMP MAILING
Approve the renewal of the Food Stamp mailing contraict with Cost
Containment, Inc. for total amount not to exceed $6,600.00 and authorize the
Chair to sign.
20. EMERGENCY MEDICAL SERVICES CONTRACT
Approve the lease with Efland Rescue Unit and Efland Volunteer Fire
Department to allow the Orange County Emergency Medical Services to utilize
their existing building for housing of Emergency Medical Personnel, equipment
and vehicle.
21. MEDICAL SEWICES AGREElKM FOR THE COUNTY JAIL
Approve renewal of the Medical Services Agreement with the Orange
Family Medical Center for providing health care services to the County Jail for
Fiscal Year 1985-86 in the amount of $4,200 and authorize the Chair to sign.
22. PURCHASE OF VEHICLES THROUGH STATE CONTRACT PROCEDWI&S
Approve an agreement with the State of North Carolina, Division of
Purchase and Contract whereby the County will become party to their bid
procedures for the purchase of six passenger cars, three pick-up trucks, one
passenger van and seven police cars and authorize the Chair to sicin.
23. BID AWARDS FCR HANDICAPPED ACCESS PROJECTS
Award the contract for toilet facility renovations to the D.W. Ward
Construction Co. in the amount of $10,958.00 and award the contract for the
construction of handicapped ramps to Riggs-Harrod Builders, Inc. of Durham in
the amount of $29,995.00 and authorize the Chair to sign said contracts.
24. FOREST SERVICE CONTRACT
Approve the renewal of the annual agreement between Orange County
and the North Carolina Department of Natural Resources and Comman:.ty Deveopment
for the provision of support of the NC Forest Service in Orange County for FY
85-86 at a cost of $27,732 and authorize the Chair to sign.
25. BUDGET AMENE14ENl'S
Approve the following amendments to the 1985-86 Budges. Ordinance:
Appropriation-Social Services-Long Term Care Screening $ 60,320
00018'7
Source-Social Services-Long Term Care Screening-Screening $ 4,320
Source-SS Long Term Care Screening-CHORE XIX $ 50,000
Source-SS Long Term Care Screening-Medical Supplies $ 6,000
Appropriation-Economic Development $ 1,000
Source - Hillsborough Chamber of Commerce $ 1,000
26. CHANGE IN THE RF]GULAR MEETING SMEHULE
Approve rescheduling the October 7, 1985 meeting to September 30,
1985.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey that the forgoing action be taken by the Board.
VOTE: UNANIMOUS.
75, APPEAL OF TAX APPRAISAL ON THE HOME OF MR ROY D STQ1E
Mr. Stone presented pictures to show that his house is not
completed. He questioned why his house was evaluated higher than other
comparable houses and acreage in his area.
Geroge Meyer, Tax Appraiser for Orange County, staged that after
considering all the information he cannot justify a reduction in taxes. Mr.
Stone refused to allow him inside of the house. In looking at the improved
properties in the neighborhood the property was evaluated at 38,78 per square
foot which is close to the middle of the range. In terms of "grade of
construction" the house is graded at "B". He summarized the list of those
houses which have sold within the area in the last six (6) years and their sale
price. In conclusion, he could not find any basis to reduce the tax value to
keep it fair and in line with the others in the neighborhood.
Mr. Stone indicated he felt it would make no difference in the
appraisal if he allowed Mr. Meyer to see the inside of the house.
NO ACTION WAS TAKEN BY THE BOARD.
Chair Willhoit adjourned the meeting. The next regular meeting will be
held on August 20, 1985, at 7:30 p.m. in the Courtroom of the olcl Post Office
in Chapel Hill, North Carolina,
Don Willhoit, Chair
Beverly A. Blythe, Clerk