HomeMy WebLinkAboutMinutes - 19860121 ti
(APPROVED 5/ 0/;S 6)
MINUTES
iP AN E COUNTY BOARD OF COMMISSIONERS
REGULAR MEETIN
JANUARY 21, 1956
The Orangel County Board of Commissioners met in regular session on
January 21, 1986 at 7:30 p.m.. in the Courtroom of the old Post Office
Chapel Hill, North Carolina. l
COMMISSIONERS PRESENT Chair Don Willhoit and Commissiar�ers
Shirley Marshal., Moses Carey, Ben Lloyd and Norman Waller.
ATTORNEY PRESENT. Geoffrey Gledhill,
STAFF PRESENT: County Manager Kenneth R* Thompson, Assistant
County Managers; Albert Nittrell and William T. Zags, Clerk to the Board
Beverly A. Blythe, Director of Planning Marvin Collins Director
Economic Develop ment ..+
_ � Sy1Vle� Price and Planner` S�.is�I'1 Smith.
A. BOARD COMMENTS
Chair Willhoit announced the receipt of a letter from the NCACC
announcing the designation of County Government Week and asked that the.
Board Members and County Staff thionk about some appropriate obse
of this week.
observance
Be AUDIENCE COMMENTS
ls �MATTERS ON THE AGENDA
Chair Willhoit will recognize those persons in the audience
enoe
who wish to spealk on a specific item at the time that item is
discussed.
2 . MATTERS NOT ON THE AGENDA
None.
C. MINUTES
Motion was I made by Commissioner Marshall, seconded b Co�mmissio�er
Carey to approve the minutes for December
mbar 1�� as circulated..
VOTE: UNANIMOU .
Motion was made by Commissioner Ca r`e seconded. b
y� y Commissioner
Marshall to approve the minutes for December 17, 1985 as corrected*
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded, by Commissioner
Carey to approve the minutes for January 6, 1986 as corrected.
VOTE: UNANIMOUS,
G. -ITEMS.. FOR DECISION
11. Torn of Chalpel Hill Extraterritorial Planning Jurisdiction
Chair 'Willhoit introduced Mayor James Wallace.
Mayor Wallace stated that the request for extraterritorial jurisdiction
received the unanimous approval of the Town Council. He ointo
p d out
that it is notlthe intention of Chapel Hill to abandoned the idea of
joint planning jurisdiction but rather to expand the area next to Chapel
Hill over whi h Chapel Hill would have jurisdiction p
arid. place the
transitional area and the buffer area further to the north and to
include the sathern triangle. Because of the past d ecade of rapid
development, Chapel Hill would be able to deal with the three mile area
beyond the annexed area to the north more efficiently and expeditiously
p Y
than with the a 7 isting situation because (1) Chapel Hill would have more
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area and ( ) it would simplify the oversight of the new joint �.anni
area. ng
MayorF Wallace proposed that a planning board consisting of
members from the Chapel Hill and orange Count Planning g y arming hoards be formed
to oversee thisi new joint planning area regardless if
the three extra
miles are grantod or not. He made reference to the General Statutes of
North Carolina. end, indicated that under the statutes, municipalities
extend their extraterritorial jurisdiction u may
cor orate l� �1'lto areas outside their
p .its so *that they,can plan s.nd. control development which
they will at some point annex into the co p
Col corporate limits.. I"Te �sed. that
the hoard. of mmissioners consider this request and pledged cooperation
in this ende .vo�� He supported � � � ion
pp his request stating the three mile
margin would a11ow for development to proceed in a matter acceptable to
Chapel Hill. The Town is boxed in on all four sides
with no where to
go. He noted it a specious argument that the 1,500 or OOH people
now live in the extraterritorial � p pie who
or.�al would be denied.
representation. He pointed out the people in that area would be able t
voice their opinions to the Chapel Hill Planning Boa �
Adjustment, � g rd and the hoard of
Commissioner Carey asked Mayor Wallace for clarification
how the request for extraterritorial planning jurisdiction on
encroach on the aband � p � does not
abandonment of the Joint planning effort that has been
put forth.
Mayo Wallace explained that the transition and -the rural
buffer added together is too small for the circumstances a
Council is �.s] ,�� that the f today. The
transitional area be moved out three miles to
establish a new transition and buffer zone. He added that
has had, to inherit over the chapel Hill
years, the mistakes made by others in areas
which were beyond Chapel Hill's jurisdiction and later annexed
Commissioner Carey emphasized that th
of Chapel H�11 i e desires of the people
p have been considered in the Joint Planning and use plan
and subsequent !procedures. At the time � p
i chapel Hill annexed those areas
they will, at that time, have exclusive Jurisdiction over those areas,
Chair Wil.lhoit gave background inform
Planning effort which � information on the Joint
g ch has lead. to the cooperative spirit that now
prevails. The Joint Planning Agreement
proposes that the urban standards develo ed b y the Tow n and jointly
adopted would be imposed in
the area called the transition area which may eventually
the town. At the rase � Y �.11y become part of
present time there are four (4) different proposals on
where the line imay be. The rural buffer would be an area
not be destined. to become art o ea which would
f the Town and therefore under the
County's regulation, Willhoit further agreed that the Joint
process does need to be sip. lif led Planning
p and eventually will need to involve
Durham County, 1 Durham City and Chatham County to work out
solve jurisdicti!onal . plan tv
d�.sputes.
commissioner Marshall concurred with th
Chair willhoit and Commissioner a statements made by
Carey+ She commented on the statement
made by Mayor Waal 1lace about the disinfranchisement of several
people and. empha�ied it would. b thousand
e a specious argument. It is imrportant
to get people informed and involved earl about what
doing. There has never be the bounty �.s
been any argument that the land must be prepared
for municipal annexation. The people who live '
should. be a art p p �n the area .involved.
p of the process and represented.. She estiI the
size and. jurisdictional ma eu p of the Chapel Hill Township Advisory
Council and suggested that perhaps it may be necessary
Chapel Hill township advisory y ary t� have three
p isory councils to represent the north, south and
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Carrboro areas.
Mayor Wallace indicated that no one has bee n disinfranchi
sed
because of the benefits that citizens have received. from Chapel
asked. that they Board of Commissioners � Hill, He
ioners give Chapel Hill a favor by
granting this r6guest.
ComMissioner Marshall referred. to the General statutes 153A
and noted. that this chapter has changed the relationship
municipalities rind. bounties re between
�. greatly atly and. only allows the County not to
grant extraterritorial. jurisdiction in accordance with the reasons as
stated. in that statute,
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ommrissioner Carey assured Mayor Wallace that whatever
decision the Board makes Will not be made lightly.
Board to r��. e a decision y He encouraged the
n tonight so that the procedures for point
Planning can proceed without delay*
ommi�sioner Lloyd stated, that the Hoard has put to
into Joint Plann�.n which he su p long hours
g supports. He,epressed. surprise at the
request from Chapel Hill since it was his understanding hat
supported point! Tannin � � they
He objected to the item being placed on the
agenda for decision without further discussion. While he
support the re uest for three does not
g miles he would, like further discussion on
the item.
Commissioner Waller commented �
that the Joint Planning would be
more desirable area now proposed but that apparently,I in the ar pp ntly, as
indicated in th6 resolution, Mayor Wallace and. the entire other 'own Council somethi
g er than Joint Planning. He expressed a need for
further details from Chapel Hill and discussion
members before � decision sson between the ward
r Is made.
Chair ' Willhoit asked that if the its '�'+1
� � a information� �1.1. tabled, that the
motion to table outline the additional information or
that �. decision may be made in the process needed. so
i neap` future.
Commissioner Marshall pointed, out that if the rural buffer is
not going to be y maintained between Hillsborough and chapel Hill that any
process would need to involve the Town of Hillsborough and Durham
for maximum effectiveness.
g ham qty
Chair IlWil.lhoit pointed out that after '
Agreement is final. theo�nt Planning
red that the growth areas will be reviewed and
adjustments, i necessary, arcade in the extra
Any discuss-ion !on extraterritorial jurisdiction.
moving the line would be at the completion of the
development and adoption of the land use plan.
Chair �Tillhoit s p
cunt. suggested that, the Joint planning process be
continued and that further d.iscuss�.on on the review
etraterritorial.l line tale lane. when the of the
County is further along with
the land use plan and adoption of the land use plan.
Motions was made b p
commis Y omm'ssioner Lloyd., seconded. by
sioner Waller to table any action on the request from Chapel H
and to establish some dialogue with the � X11
Hill to clarify Town hoard. and Mayor' of chapel
arify the request and reach an acceptable decision
VOTE. AYES, 4 OE S, 1 (Chair Willhoit) .
Commissioner Lloyd pledged his continued •
Planning. support Joint
Ad.riano Marcu , resident of the rural area on the north side
of Chapel Hill, stated in response to the
see the joint effort continued proposal that he would like to
and sees no gain for h '
this proposal, I g apes Hill from
Scott McClintock, resident in the three mile are
consideration, asked Mayor Wallace to done under
pond, on what would, be one Frith
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the area. Mayor Wallace not �
Y , ed. that the Town would. gain control of
development and prevent the kind of bad i development decisions that have been made around Chapel Hill by adjoining
jurisdictions. In answer to a
question about taxes, Wallace ifidicated taxes would not increase th unti'
the property is annexed and. l
at water and sewer services would be
Provided before, annexation. He pointed out that this request is not a
prelude to anne ation..
McOlin' tock complimented the Planning Boar
County for the��r r � r d. and.is of prangs
guidance on a subdivision project he is invol Y ed. with
and questioned the standards of Chapel Hill,
Mayor Wallace explained that the Town standards are to .be
adopted, by the ounty for those areas that may be annexed. in the future.
This is the reason for his suggestion tion of a joint planning board to crake
rec
ommend.ations, to the Town Council and Board Of Commissioners.
Mc l i tock commented that he can onl y e vot
opinions to the Board c and vor ice his
f Commissioners and would not be able to do so if
the proposal was granted,
De APPOINTMENTS
TELEPHONE TASK FORCE-EXTENDED AREA SERVICE
r , Mctio was made by Commissioner Marshall seconded
commissioner Carey to appoint Fran � by
Desati:l � � �� Bali lnson, Elton Casey, Dat►T]�d
tels, David Garrison, Bluma Oitelson, Elwood. Harris,
Harr is
, Cynthia
a Hermann, BrianlF. Jacobs, Brad Jo hn so n, Everett He Kennedy, Alice E Lewi t Ellen M. McLamb, Clarie Millar,
Frank Fllchta Charles H.
Harry Robinson, Betty ue Slaughter, ► Rivers,
Y r, and Leonard van Ness to the
telephone task force for extended area service,
VOTE: UNANIMOUS,
TEL ONE TASK FORCE-TECHNICAL REVIEW
Motion was made by Caxissloner Care second
Commissioner N�ar�shall to appoint Y► seconded by
ppI�.tchell Cotter, Daryl Dunlap, Richard
A. r Helwl'g, Bra;.an F. Jacobs, Brad Johnson, Harr Franklin
Melissa Thomas ! Thomas I . Y l�n Robinson,
►I Temann and. Andy Turud.ic to the Technical.
Review Task Force.
VOTE: UNANIMOU .
It way the consensus of the Board to
contact Ellen M. McLamb
and Richard A. Helwig to chair the task fo
appointed.~ roe on which they were
E. REPORTS
10 ECONOMIC DEVELOPMENT COMMISSION (Complete narrative is s in the p ermanent agenda file in the Clerk's
office) ,
John astineaul Chair of the Economic Development Commission
reported on the highlights of the second annual report.. He no
contacts have been made with the p noted that
I Department of Commerce and neighbor'
counties* In looking at the future, the Commission ' ver '
brochure has bee " y pos�.t�ve, A
n prepared. and. a large list of contacts is available. As
I-40 is nearer cPmpletion, the number of inquiries
thanked, the P,lan�in ryes in increased. He
Department for their support in the Commission's
efforts and the board, c f Commissioners for the'
I ir assistance, .
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COMMISSION FOR WOMEN-EMPLOYMENT TASK FORCE REPORT (Complete
narrative is in the permanent agenda " Clerk's � mpl.ete
g file, 1n,the office)
Judy Eastman, Chair of the Commission for Women resented.
cverView of t�.e report ent�.tled. "Fringe " p an
Working i� Orange r� g Benefits Available to Employees
g ge county + The report was an effort to find out what
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benefits are ne�eded so that women could become more independent* This
study evaluated how the fringe, benefits of today meet the needs eels
Verlai Ins o listed the five recommendations
(1) A copy of the report with a covering letter should be se
to the 220 orig.�r�al l surveyed Orange ��
County employers and to other
county employers who could use the report to evaluate their own employee benefit paokage. Employers should be urged to (1) consider a
cafeteria.
style approach and ( ) survey their employees if necessary o obtain
information on which benefits are y tar
needed. but not offered.
( ) ' A copy of this report should be sent to the No
Carolina Legislative stud. Commission North
reviewing cafeteria style benefits
for state employees.
( ) ' Employees of orange County government should be surveyed
to determine the need for additional benefits and. the feasibility of
cafeteria-style approach. y a
(4) The Orange County Board of commissioners should form an
intergovernmental l task force charged to determine, through a survey
other appropriate means the need. for � or
r cafeteria style benefit plans.
(5) The commission for women and the Orange Count
Commiss.�oners, at an appropriate for the public and
� y Board of
time, should sponsor
private sector a forum on the cafeteria,-style fringe benefit concept,
ncept.
motion' was made by Commissioner Marshall. seconded.
commissioner Carey to adopt the re � by
p port requesting that the Commission
for Women address the first two recommendations as s
address recommendatior� three during con as possible,
x g the 1986 -87 Fiscal Year and look at
the possibility of including the forum in their budget f
that recommendation five not be a g ,or 86-87 and
ddressed. until the forum is completed..
VOTE: UNANIMOU .
A dis6ussion was held on recommendation four and five
was decided th�.t Verla Ins] o and the �Ve and. It
County Manager would. bring back to
the Board for further consideration a charge for the t
further oonside�ation,
g ash force for
F. ITEMS FOR DECISION-CONSENT AGENDA
The county Manager recommended the following ction b the •
1• ABANDONMENT OF 8R 1547 -- � � Board:
�RA� I-�E� 1 �A�
To approve a petition for abandonment of 914 miles
Bradsher Road arid, forward to NDO T. of Ft1, 47
29 ANNUAL NDOT CONSTRUCTION STATEMENT 1985
Construction pr�oiects which indicates To accept the status report on the 1985 Secondary Road
he nature of the improvements
stage of completion and funds upended for each 'ro ect.
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ADDITION To SECONDARY ROAD SYSTEM
To reo1eive and approve a secondary road addition et'
Maple Avenue se�v�.ng the Lucius M. h petition for
Cheshire subdivision and forward
recommendation t6 NCDOT.
4. RENEi LING PUBLIC HEARING FOR CLOSURE of A PORTION OF OLD
E DAR GROVE ROAD'
To reschedule the public hearing date to receive public on the closure of a portion o p blip
18, 1986e
p of cedar rove Road to February
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59 RAI MDAD UALIZATION SUI
To approve not intervening in the Railroad Equalization '
for 1984 and 19;85,
n u�t
66 WA T�,WATER COLLECTION AND PURCHASE CONTRACT AMENDMENT
To postpone this item until a later meeting.
7+ BUDQET AMENDMENT
To 4pprove amending the 1985-86 Bud et Dr
appropriate funds from � Commissioners,� Budget Ordinance to
I i he Commissioners Contingency to the
Commissioners account for payment of a special assessment t '
used in an effo�t to save the Fe that will ��
Federal General Revenue Sharing Program.
8• RIGHT! OF WAY ENCROACHMENT AGREEMENT WITH THE DEPART
TRANSPORTATION "lEN1' '
To approve the right-of-way encroachment agreement for the
Efland- heeks T6wnship sanitary sewer facilities with
Transportation end author' the Department of
e the Chair to sign
90 FEE ?EST FOR TEMPORARY SOCIAL WORKER I POSITION
To approve a temporary full-time Social Worker I
effective F`ehruc,ry 1 thru June 19866
Position
Motion, was made h� Commissioner
Lloyd, seconded her
Commissioner Marshall that the forgoing action he take
VOTE: UNANJMoU the Board,
Go ITEMS FOR DECISION
L0_0 P & S SPORTING GOODS INC. (A copy of the legal .
Attorney eoffry Gledhill is in the 'permanent opinion from.
Attorne agenda
Geoff Gledhill summarized the main points in his
letter to the ! Commissioners, He lie P
listed four recommendations for
consideration by the Board:
(1) Consider the zoning charge application without regard to
the intended use of the applicant
( ) Consider the zoning change application in
8 the context of
there already being .5 acres of commercial pro pert ,in
this activity node with the zoning � �
normally, � g rd�nan�e permxtt�ng�
y, a maximum of 10 acres.
( ) birect the staff to correct the improper zoning
4esignations in this node and. any other similar
that may exist throughout the County,
errors
(4) PIire t the staff to develop a new use which
end, of business in includes the
question here and. which has minimal
olff-site impacts. This new use should refe
special use with t p rab].y he a
.e application criteria focused on
h;uffers, screening, site plan review traffic
and the lie. Included in t . management
his staff review should he a
r�Beommendation concerning where this new erm use/Special use/ P s use
would be permitted.P ed. The kind. of use in question
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certainly s not a "glom and Pop" operation. However, '
�mtpats on the neighborhood ltd ocated
are mini'mal because its activity is conf ined. within a
s�ruoture with little comings and goings to and fry
struetur�e. For these rease hn� that
reasons this use may e one
permitted more pervasive) than f
any other use that's not
y focused. This should be addressed by the
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planning department and. the Planning Board,
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Motion was made by Commissioner Care seconded �
Commissioner Marshall to adopt recommendations �► t
p three and. four and direct
the staff to correct the improper zoning designations as soon as
possible and d.ovelop a new use which includes the kind of business '
in
question which is referenced in recommendation four,
VOTE: UNANIMOUS.
Motion was made by Commissioner Carey,
Commissioner Ma�sha�.l to d. � • seconded, by
deny the request to rezone because the request
exceeds the current maximum for commercial onin g permitted �.ermit 'n a rural
neighborhood activity rode.
VOTE: UNANIMOUS.
- 9 WATER! AND SEWER GRANT FUNDS SENATE BILL
County Manager Kenneth Thompson summarized the tan for
distributing water funds which are received p
�� the County* Board member
policy guidance has placed priority on utilizing the water funds to
increase the Effectiveness of existing raw water supplies through
facility improvements. These have been 'Identified by Hazen and Sawyer
and discussions have been held with each water rovider and affe cted
citizens within the vicinity o p f Lake Orange, A resolution must be
submitted to the State by April 1, 1986 which includes a
description n of each project, pro] cost, the funding
source and certification that
the town/county i'will be able to fund the local share. Approval of
list of proposed projects and. so pp the
p 7 source,of funds would, permit the County to
meet with each water provider to finalize the projects and associated F
costs. p �
Commissioner Marshall indicated for the record that any
projects for Lake orange must have written documentation from the
surrounding property owners which states their willingness
understanding of the improvements. � ess and
Motion, was made by Commissioner Care
y► seconded by
Commissioner Lloyd to adopt the schedule of proposed projects in
principle. �
VOTE: UNANIMOUS.
Tien Thompson, pointed. out that one and two foot measurements
would be put around Lake orange so the property wners could.
effects on their property, y assess the
Discussion ensued between Lake Orange residents and the Board.
The amain concern of the citizens is the encroachment on their
Chair Willhoit �eplained that if the property.
lake is raised one foot to the 61
foot level, the !four foot easement would be sufficient to handle
year flood. The flags will b the ��
e placed. at the 616 level so the residents
and County could see the effects.
1 . HARE TO TELEPHONE STUDY TASK FORCE (A complete narrative '
in the permanent' a ends file in t p e �s
� he Clerk's office)
It wasp the consensus of the Board. to use the charge as written
as a enera�. g r
g guide for the two telephone task forces with the latitude
to change as necessary.
ADJOURNMENT
Chair , Willhoit adjourned the meeting. The next re
meeting will be ' held on February 1 regular
y, 86 at 7: 0 in the Commissioners'
Room, orange County Courthouse, Hillsborough, North Carolina.
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Don Willhoit, Chair
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Beverly A. Blythe, Clerk
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