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HomeMy WebLinkAboutMinutes - 19860318 73 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 18, 1986 The Orange County Board of Commissioners met in regular session on March 18, 1986, 7: 30 p.m. in the courtroom of the old Post Office in Chapel Hill, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Director of Planning Marvin Collins, Tax Supervisor Kermit M. Lloyd, Extension Chairman William E. Mainous, Director of Aging Jerry Passmore and Planner Susan Smith. A. BOARD COMMENTS County Manager Ken Thompson announced that the Burlington Board agreed to enter into discussion with the Board of Commissioners to provide water in times of shortage. The method for transfer of the water will need to be developed and an agreement with Burlington will need to be signed. PUBLIC HEARING FOR EUBANKS ROAD TOWNHOUSES REZONING REQUEST Motion was made by Commissioner Marshall, seconded by Commissioner Carey to set the public hearing for Eubanks Road Townhouses for April 3, 1986. The meeting will take place in the auditorium at Chapel Hill High School at 7 : 30. VOTE: UNANIMOUS. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Willhoit indicated that those in the audience who desire to speak will be recognized at the time their item appears on the agenda. 2 . MATTERS NOT ON THE PRINTED AGENDA Margaret Holton, League of Women Voters, presented the following resolution for consideration of approval: RESOLUTION OPPOSED TO THE SITING OF A HIGH LEVEL NUCLEAR WASTE REPOSITORY IN REGION J, NORTH CAROLINA WHEREAS, the U.S. Department of Energy has identified the Rolesville Pluton in portions of Johnston, Wake, and Franklin Counties as the possible site of a high level nuclear waste repository; and WHEREAS, the Counties of Johnston and Wake, and the Towns of Rolesville, Wake Forest, Knightdale, Wendell, and Zebulon are located in or adjacent to the study area and are members in good standing of the Triangle J Council of Governments, as well as Orange County; and WHEREAS, the proposed repository site is dangerously close to 74 major urban centers of the Triangle J Region, whose population is increasing at four times the national average, and the a Department of Natural Resources and CommuniDevelopment, and, WHEREAS, the County of Wake and the Towns of Wendell, Knight- dale, and Zebulon have recently passed resolutions petitioning upply protection available under state law; and, WHEREAS, Orange County is located on a major interstate high- way corridor that would probably be used in transportation of High Level Nuclear Waste to the repository, and technology of "safe" containers has not yet been proven for transportation of nuclear waste; and WHEREAS, the Governor of North Carolina and Secretary of Natural Resources and Community Development oppose the siting of a nuclear waste repository anywhere in the state; NOW, THEREFORE BE IT RESOLVED THAT the Orange County Commis- sioners of the State of North Carolina oppose in the strongest possible terms the location of a high level nuclear waste repository in the Rolesville Pluton study area. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the resolution as stated above. VOTE: UNANIMOUS. C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the February 18, 1986 minutes as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the March 5, 1986 minutes as corrected. VOTE: UNANIMOUS. D. PUBLIC HEARINGS 1. LOCKRIDGE COMMUNITY- PLANNED DEVELOPMENT AMENDMENT Planner Susan Smith presented for receipt of public comment proposed amendments to the approved Planned Unit Development plan for Lockridge Community which is located on both sides of Turkey Farm Road north of New Hope Creek in Chapel Hill Township. The applicant is requesting an amendment to the approved site plan for designation of one new lot in Section B and the provision of areas within the common lands within Sections A and B for the establishment of a cemetery, community center, playground, pool, tractor shed, animal shelter, garden shed and studios/workshops. They are also requesting a number of changes in the names of roads serving the development. Approval of the requested changes will allow for the development of community facilities desired by the membership of the Lockridge Community. Approval of the designation of an additional lot is required before subdivision review can proceed and a residential building permit issued. The Planning Staff, in accordance with Article 7 PLANNED DEVELOPMENTS Section 7.8 Changes in Approved Final Plans of the 1981 Zoning Ordinance, recommends approval of the requested amendments to the approved planned unit development 75 site plan. THERE BEING NO FURTHER COMMENTS, THE HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the Planning Staff's recommendation. VOTE: UNANIMOUS. 2 . HOMESTEAD HIGHLANDS - CONTINUATION Planner Susan Smith presented for receipt of input from the Towns on urban services and annexation policies within the Joint Planning area the request from Piedmont Atlantic Inc. for a general rezoning of property located north of Homestead Road and 400 feet west of the intersection of Homestead Road and Rogers Road in Chapel Hill Township. Planning Director Marvin Collins identified and reported on the two issues that were discussed at the February 24 meeting" (1) How Chapel Hill and Carrboro would deal with the annexation implications associated with the tract and (2) how service agencies such as volunteer fire departments would be affected by annexation of development. With regard to annexation both jurisdictions have indicated it would be highly desirable to adopt a mutual growth boundary beyond which neither jurisdiction would annex. Both have indicated, however, that adoption of such a boundary would require staff analysis first, then governing board review and action. With regard to service implications, the general statutes provide a basis for mitigating the net loss to a fire district if annexation is by municipal action. If annexation occurs as a result of satellite annexation by petition of the owner, the only easing of the tax situation could be accomplished through prorating of taxes or through the municipality setting the effective date of annexation such that taxing by a fire district and a municipality would not overlap. In conclusion, Marvin Collins stated that at this time nothing can be done to address these two problems. This is a rezoning request and the annexation issue needs to be resolved by Chapel Hill and Carrboro to avoid questions in the future. Chair Willhoit indicated the two issues need to be resolved prior to the time development requests are received. WITH NO FURTHER COMMENTS THE HEARING WAS DECLARED CLOSED. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to refer this rezoning request for Homestead Highlands to the Planning Board for further consideration and recommendation. VOTE: UNANIMOUS. E. ITEMS FOR DECISION 1. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS (A copy of the approved amendments are in the official Ordinance Book in the office of the Clerk to the Board) . Planner Susan Smith presented for consideration of approval the proposed text amendments to the Zoning Ordinance as submitted to public hearing on November 25, 1985 and February 76 24, 1986. The Planning Board recommends approval of the proposed amendments with the following revisions: AMEND Article 6. 23 .9 and 6.24. 9 Satisfaction of Watershed Standards Off-Site with the revisions recommended by OWASA in addition to the following revision: " . . .The property subject to the easement may not be used for or conveyed for the purpose of satisfying the impervious surface and/or undisturbed area requirements for any other development application. . . , AMEND Article 2 .2 .4 Tenure with the following revision to 2 .2 .4a) : " . . .After two consecutive terms a member shall be ineligible for reappointment until they have been inactive for one year. " AMEND Section 6.21 Mobile Home Standards with the following revisions: delete 6.21. 2d) 2) a and b, 6. 21.2 .d) 3) and 6. 21. 2e) 3) . OFF-SITE SATISFACTION OF WATERSHED STANDARDS - SECTIONS 6. 23 . 9 AND 6. 24 . 9 Motion was made by Chair Willhoit, seconded by Commissioner Carey to table for further clarification of the intent. VOTE: UNANIMOUS. TENURE FOR PLANNING BOARD MEMBERS - ARTICLE 2 , SECTION 2 .4 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve as revised deleting "until they have been inactive for one year" and inserting "until one year after the expiration of the previous term. VOTE: UNANIMOUS. MOBILE HOME STANDARDS - ARTICLES 4 5 6 7 AND 20 DEFINITIONS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Articles as presented and revised. VOTE: UNANIMOUS. REVIEW PERIODS FOR TEXT AMENDMENTS - ARTICLE 20 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. RELATIONSHIP OF THE ZONING ORDINANCE TO THE NEW MASSAGE BUSINESS ORDINANCE - ARTICLES 4 6 8 AND 22 DEFINITIONS Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. LAND USE INTENSITY SYSTEM -PEDESTRIAN/LANDSCAPE RATIO - ARTICLE 5 AND 22 DEFINITIONS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 77 2 . ADDITION TO SECONDARY ROAD SYSTEM Planner Susan Smith presented for consideration a secondary road addition petition for Cleo Court which serves the North Dixie subdivision. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to receive the petition and forward to NCDOT the recommendation of approval of the addition to the state-maintained secondary road system. VOTE: UNANIMOUS. TOXIC WASTE CLEAN UP Chair Willhoit presented the following resolution: WHEREAS, the amounts and varieties of unwanted household hazardous waste can have an adverse effect on the environment if not properly disposed; and WHEREAS, there is currently no organized effort being made to educate the public as to this danger or to provide an alternative to what is now improper disposal through local landfills, dumpsters, sewer, road ditches and privately-owned properties. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners: 1. Endorses and encourages the undertaking of a Household Hazardous Waste Collection Project in Orange County to be undertaken in the Spring of 1986 through contract with the Triangle J Council of Governments. 2 . Supports payment of project costs through verified receipts for an amount not to exceed $25, 000 and be drawn from the Landfill Reserve Fund held on behalf of Orange County, Chapel Hill and Carrboro and administered by Chapel Hill. 3 . Requests Chapel Hill and Carrboro to adopt similar resolutions of endorsement and support. Adopted this 18th day of March, 1986. Chair Willhoit noted that funding would be derived from the landfill fee. The County would contract through Triangle J Council of Governments to hire a person. The anticipated cost for part-time salaries, typing, printing, publicity, shipping and disposal is estimated at a not to-exceed cost of $25, 000. Funds are available under the Landfill Reserve Fund. He requested that the Board adopt the resolution endorsing the collection experiment and call upon the towns and UNC to similarly extend approval with funds for the project to be borne by the Landfill Reserve Fund. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the above resolution and to endorse the collection experiment and call upon the towns and UNC to similarly extend approval with funds for the project to be borne by the Landfill Reserve Fund. VOTE: UNANIMOUS. 4 . OLD COURTHOUSE - TIME EXTENSION Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to grant an extension for completion of 78 the Old Courthouse to April 17, 1986. VOTE: UNANIMOUS. 5. CARR STORE BUILDING MODIFICATIONS Assistant County Manager William T. Laws presented modifications that will be made to the entrance of the building and the parking lot. The additional architectural service would total $6, 100. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve an amendment to the architectural contract for modifications to the entrance and parking lot at Carr Store in the amount of $6, 100. VOTE: UNANIMOUS. 6 TAX REFUNDS AND RELEASE REQUEST Tax Supervisor Kermit Lloyd presented for consideration of approval twenty four (24) tax refunds and one (1) release of tax bills. They are listed below for the record: NAME ACCT. # AMOUNT 1. Elber H. Allison 103295 $ 31.28 2 . Elbert H. Allison 103296 4.72 3 . Davis Furniture Industries, Inc. 82071 603 .34 4 . Davis Furniture Industries, Inc. 82070 603 . 34 5. Davis Furniture Industries, Inc. 82069 603 . 34 6. Davis Furniture Industries, Inc. 82068 603 . 34 7. Davis Furniture Industries, Inc. 82067 603 . 34 8 . Davis Furniture Industries, Inc. 82073 260. 34 9. Davis Furniture Industries, Inc. 82074 260.34 10. Davis Furniture Industries, Inc. 82072 260. 34 11. Dick Shirley Chevrolet, Inc. 88165 71.43 12 . General Electric Credit 72815 45.44 13 . Colonial Small Claims Service 92959 17. 38 14 . Mr. Worth Johnson 45892 20.89 15. Mrs. Lois B. Dillard 3366 57.47 16. Michael S. Eckert & Mary 7-57325 96. 15 17 . Alexandra E. Hershey Trust 96726 318. 08 18 . D. L. Cusic Group, Inc. 74148 91. 10 19 . CCB & Trust Co. 34052 21. 37 20. Charles Carroll 18073 19. 13 21 Virginia Crabtree, Inc. 35399 1, 353 .50 (This refund will be paid to Orange County to pay other delinquent taxes on this property) 22 . Anne Sadler 85407 15. 42 23 . Thomas E. Sharpe 9033 6. 14 24. Virgil A. Pellom 101440 25.87 25. CCB & Trust Co. 43320 453 .22 Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the 25 requests for refund and/or release of tax bills. VOTE: UNANIMOUS. 7. RSVP RENEWAL APPLICATION Motion was made by Commissioner Marshall, seconded by Com- 7 missioner Carey to authorize the submission of the RSVP Application to ACTION by the County Manager for the period July 1, 1986 through June 30, 1987 in the amount of $24,775 in Federal funds with the local contributions to be $19, 079 from Orange County, $12,277 from Chapel Hill and $800 from Carrboro. VOTE: UNANIMOUS. 8 . TITLE III-B APPLICATION Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to authorize the County Manager to submit the Title III-B Older Americans Act (social services/senior center) application to Triangle J Council of Governments, effective July 1, 1986 through June 30, 1987 for federal and state funds in the amount of $83, 669. VOTE: UNANIMOUS. 9. EXTRATERRITORY PLANNING JURISDICTION Commissioner Lloyd requested and it was the consensus of the Board to add to the list of items to be discussed with the Town of Chapel Hill the following: 1. The reasons Chapel Hill does not prefer joint planning. 2 . Why the three mile jurisdiction was suggested. 3 . What other alternatives to the three mile area would be satisfactory to Chapel Hill. 10. DRAFT JOINT PLANNING AREA LAND USE PLAN Chair Willhoit presented for consideration a revision to remove the industrial designation from the New Hope Church Road/I-40 interchange on the existing draft plan map, and any other plan alternative maps to be presented at the April 17 public hearing. Several meetings have been held with those who live in and around the interchange and negative response was received because of the designation of the industrial node. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to ask the three planning boards to consider making this revision when they meet March 26, 1986. John Blackman, Bob Greer, Carman Creola, and Homer Tapp spoke in opposition to this revision. Chris Berlin and Richard Green spoke in support of this revision. VOTE: AYES, 3 (Chair Willhoit and Commissioners Marshall and Carey) ; NOES, 2 (Commissioners Lloyd and Walker) . 11. ENVIRONMENTAL AFFAIRS GRANT Ken Thompson presented for consideration of accepting a grant to establish and render staff support to an environmental affairs board. and has offered the County a $5, 000 grant to help establish a board to advise and assist county commissioners on local environmental issues. Specific attention would be given to: (1) The discussion and recommendations of solutions to one or more of the following issues as waste management, recycling, industrial liaison, pollution prevention, watershed protection, emergency management, hazardous materials management, wastewater pretreatment and dis- charge, and streamwatch. 80 (2) Recommend solutions to problems of inventorying, identi- fying and prioritizing environmental problems and by promoting state/local interagency coordination. (3) Promote a local waste managers' program for interchange of information, joint arrangements for waste trans- portation and other services to benefit business, industry, and the public. (4) Encourage positive approaches to environmental problems. The County would serve as a role model for other counties. This would include making information on the environmental board's activities available to other county and municipal government by such means as slide presentations, brochures, workshops, etc. A written report would be due June 20, 1986 for phase 1 of the project. Phase 2 would consist of implementing the issue deliberation as set forth in the work plan. The $5, 000 grant is to be matched by 20% local funds which can be in the form of actual funds, supplies and/or in kind services. Chair Willhoit noted that what is being proposed is to con- tract with a graduate student to work with an Environmental Affairs Board. He suggested acceptance of the grant and asked that the County staff submit at the next board meeting a list of groups to be represented on the Board. Motion was made by Chair Willhoit, seconded by Commissioner Carey to accept the grant and request the staff to submit a list of those groups to be represented on the Board at the next meeting for consideration. VOTE: UNANIMOUS. F. APPOINTMENTS NURSING HOME COMMUNITY ADVISORY COMMITTEE Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Thomas N. Holcomb to this committee. VOTE: UNANIMOUS. ORANGE COUNTY PLANNING BOARD Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Sharlene Pilkey as a representative from Eno Township for a three year term. VOTE: UNANIMOUS. Motion was made by Commissioner Walker, seconded by Commissioner Carey to reappoint Carl Walters as a representative from Cedar Grove for a three year term. VOTE: UNANIMOUS. Nominations were made as follows: Elizabeth Eidenier by Chair Willhoit Thomas Hubbard by Commissioner Carey Michael B. Lewis by Commissioner Marshall Richard Roberts by Commissioner Lloyd VOTE: Elizabeth Eidenier - Chair Willhoit and Commissioner Carey Thomas Hubbard - Chair Willhoit and Commissioners Carey and Marshall. Michael B. Lewis - Commissioners Marshall, Lloyd and Walker. Richard Roberts - Commissioners Lloyd and Walker Thomas Hubbard and Michael B. Lewis were appointed to AT LARGE positions on the Orange County Planning Board for three year terms. 81 REALIGNMENT OF TERMS FOR MEMBERS OF THE ORANGE COUNTY PLANNING BOARD In accordance with Section 2 .2 .4 of the Zoning Ordinance the following proposal will correct and realign the terms for the remaining members of this Board: NAME EXPIRATION OF TERM ELIGIBLE FOR REAPPOINTMENT David Shanklin February, 1987 No Chris Best February, 1988 Yes for One Term Barry Jacobs February, 1988 Yes for One Term Peter Kramer February, 1988 Yes for One Term Steve Yuhasz February, 1987 Yes for One Term Carl Walters February, 1986 Yes for One Term Betty Margison February, 1988 Yes for One Term Sharlene Pilkey February, 1986 Yes for One Term Steve Kizer February, 1987 No Frank Pearson February, 1986 Yes for One Term Margaret Miller February, 1987 Yes for Two terms Alice Gordon February, 1986 No REALIGNMENT OF TERMS FOR MEMBERS OF THE RECREATION AND PARKS ADVISORY COUNCIL NAME EXPIRATION OF TERM ELIGIBLE FOR REAPPOINTMENT Thomas E. Link March, 1988 Yes for One Term Ronald W. Hyatt March, 1986 No Emily S. Knight March, 1988 Yes for One Term Lawrence W. Vanhook March, 1987 No Lorraine H. Parker March, 1988 No Charles W. Snipes March, 1986 Yes for One Term Joseph Crews March, 1987 Yes for One Term Richard Ward, Jr. March, 1986 Yes for One Term Myra Crawford March, 1988 Yes for two terms Lillie Mae Isley March, 1987 Yes for two Terms Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the above realignments for the Orange County Planning Board and the Recreation and Parks Advisory Council. VOTE: UNANIMOUS. ADJOURNMENT With no further items to come before the Board, the meeting was adjourned. The next meeting will be held on Monday, April 7, 1986, 7: 30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk