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HomeMy WebLinkAboutMinutes - 19871005 12 members. VOTE: UNANIMOUS. 4. COMPUTER NEEDS FOR BOARD OF COMMISSIONERS' OFFICE Keith Brooks informed the Board of three alternatives for handling the computer needs in the Clerk's Office. After a brief discussion, motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve for the Clerk's Office the moving of all functions from the mainframe to microcomputers, retaining one CRT and the printer to use with the county-wide office automation system. VOTE: UNANIMOUS. ADDED ITEM REQUEST FOR ASSISTANCE FROM DUKE POWER COMPANY Commissioner Halkiotis suggested that a letter be sent to the local Duke Power Managers requesting their assistance in examining alternatives to the landfill operation in Orange County. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve writing such a letter to Duke Power. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: PRIVATE INDUSTRY COUNCIL - Dan Lunsford and Mildred Council were reappointed; Marti Cook was appointed replacing Phyllis Lotchin. HUMAN SERVICES ADVISORY COMMITTEE - Jim Garland was appointed replacing Horace Grant as the United Way Representative. COMMISSION FOR WOMEN - Marion Webb O'Malley and Ann M. Johnson were appointed. ECONOMIC DEVELOPMENT COMMISSION - James E. Gibson was appointed as the Chamber of Commerce representative. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Randy Brantley was appointed. I. ADJOURNMENT With no further items to come before the Board, Chair Marshall adjourned the meeting at 9: 35 p.m. The next regular meeting will be held on Monday, October 5, 1987 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 5, 1987 The Orange County Board of Commissioners met in regular session on Monday, October 5, 1987 in the courtroom of the Old Courthouse, Hillsborough North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Stephen Halkiotis and John Hartwell. BOARD MEMBER ABSENT: Commissioner Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Interim Management Analyst/Commission for Women Coordinator Andi Reynolds, Finance Director Gordon Baker, Planner Gene Bell, Clerk to the Board Beverly Blythe, Housing and Community Development Director Tara Fikes, and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS Chair Marshall pointed out on the back wall of the courtroom a picture of the USS Constitution which was presented to the County by Mary Ellen and Gerrard Priestley in celebration of the bicentennial. She announced that on 14 October at Culbreth Jr. High, a Joint Public Hearing will be held between Carrboro, Chapel Hill and Orange County on the Joint Planning Agreement. Chair Marshall indicated applications for the County Manager vacancy would be accepted as long as they are postmarked by September 30. One hundred twenty one applications have been received. A profile and list of general questions will be reviewed by the Board. She asked the members of the Board to do individual screening of those applications received and provide a list of candidates to Beverly Whitehead. Commissioner Carey stated that the reason the Rencher Street application was not approved by the State was that the local funds were not in an account that Raleigh considered to be local funds. This caused the application to lose points and not be accepted for funding. He recommended that the Administration come forward with a recommendation on when these funds should be moved to the appropriate account. Commissioner Hartwell asked that a discussion on the tax listing form be added to item G19. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak will be recognized at the time their item appears on the agenda. 2. MATTERS NOT ON THE PRINTED AGENDA Mr. Squires distributed to the Board members a copy of a court injunction which stated: "That poultry waste from Piedmont Egg Ranch, Inc. or any poultry production unit presently operated by Kent Mann in Orange and Alamance counties shall be dispersed, disposed of and operated in Orange County under the terms and conditions of this consent order" . He stated that Mr. Mann has violated this court order time and time again and asked why it was not being enforced by Orange County. Chair Marshall asked the Administration to investigate this situation and to respond to Mr. Squires in writing the results of that investigation. C. MINUTES The minutes will be corrected and resubmitted at the next meeting. PUBLIC CHARGE Chair Marshall read the public charge. PUBLIC HEARING NORTHERN FAIRVIEW COMMUNITY DEVELOPMENT PROGRAM Tara Fikes gave a summarization of the project activities for the Northern Fairview CDBG Program. The County was awarded a Community Revitalization Grant in the amount of $938, 000 in FY 1982. Presently all project activities proposed in the original grant application have been f' a completed. A public hearing is required for all projects as part of the official closeout process. NO PUBLIC COMMENTS WERE MADE AND THE PUBLIC HEARING WAS DECLARED CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to (1) approve the Certification of Completion and authorize the Chair to sign on behalf of the Board and (2) authorize the Chair to sign a Certification of Public Hearing to include all comments received at this public hearing. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORTS None. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Consent Agenda as listed below: 1. INDIRECT COST PLAN CONTRACT To approve a contract with David M. Griffith and Associates for the preparation of the County's Indirect Cost Plan for a sum not to exceed $8,000 and to authorize the Chair to sign. 2 . READOPTION OF LOCAL SALES TAX - SETTING A PUBLIC HEARING To set a public hearing for 7:30 p.m. October 20, 1987 in the courtroom of the Old Post Office in Chapel Hill for readoption of the local sales tax. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. DAL-RAE FOREST - PRELIMINARY PLAN Greg Szymik presented for consideration of approval the prelim- inary plan for Dal-Rae Forest. The tract is located in Bingham Township on the south side of Borland Road and 1/3 mile east of the intersection with Dodson's Crossroads. Seven two-acre lots are being subdivided out of the total 69. 60 acres. The property is zoned Rural Buffer and the Land Use Plan designation is Rural Residential. The Planning Board recommended that the preliminary plan of Dal-Rae Forest be denied and that the plan be resubmitted with Dal-Rae Forest Road designated as a public road and built according to State standards. The Administration recommends denial of the application and resubmission as recommended by the Planning Board. Szymik explained that one of the main reasons for the road to be public is the potential for further development to the south which is currently landlocked. Alois Callemyn, surveyor, indicated that when the sketch plan was approved that anything less than nine lots did not have to be paved and he was told by the Planning Staff that a Class B road should be submitted on the preliminary plan. The developer does not want a through road and plans to control this with a restrictive covenant. Chair Marshall stated that Mr. Gledhill had correctly pointed out that the policy of the County as adopted was for public roads -- perhaps it has been changeover in staff that has identified the criteria so that private roads are taken as a right -- we have not changed the criteria but have moved back to their intended meaning. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the recommendation for denial. VOTE: UNANIMOUS. 2. RAM'S WOODS - PRELIMINARY PLAN Greg Szymik presented for consideration the preliminary plan for Ram's Woods, a proposed cluster subdivision. The tract is 15 acres and located at the end of Crossroads Church Cemetery Road. The property is zoned Residential-1 and designated as Rural Residential on the Land Use Plan. Seven lots are proposed surrounded by 6. 94 acres of common open space. The Planning Board recommended approval subject to five condi- tions: (1) Dedicate Ram's Way as a public road to be constructed to State standards. (2) Provide restrictive covenants for review by the County Attorney. (3) Revise the vicinity map to show the location of the sub- division and the road names. (4) Provide a separate plan which indicates all the required recreation improvements (0.42 acre) . (5) Increase lot #7 in size to provide 0.92 acres (40, 000 sq. ft. ) , since it will be dependent upon its own onsite wastewater disposal system. The Administration recommends approval with the amendment of condition No. 1 as follows: Dedicate Ram's Way as a public road designed and constructed to State standards. Discussion ensued on private versus public roads. The applicant James Collins asked that a private road be approved. He stated that the subdivision is at the very end of an unpaved State road with a cemetery on one side, a power right-of-way on one side, a small subdivision on one side and undeveloped land on the fourth side. A road maintenance agreement would require that the property owners be respon- sible for maintaining the road. Motion was made by Commissioner Hartwell to approve the prelimi- nary plan for Ram's Woods with conditions 2 , 3, 4, and 5 as stated above. MOTION DIED FOR A LACK OF A SECOND. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to approve the preliminary plan for Ram's Woods with condition No. 1 as amended by the Administration and Nos. 2, 3, 4, and 5 as listed above. VOTE: AYES, 3 ; NOES, 1 (Commissioner Hartwell) . 3 . SYKES GLEN - PRELIMINARY PLAN Greg Szymik presented for consideration the preliminary plan of Sykes Glen. The 120.332 acre tract is located in Bingham Township on both sides of Oak Grove Church Road north of the fork where Vernon Road joins Oak Grove Church Road. The tract is zoned Agricultural-Residential and Protected Watershed II. Nine lots are proposed. The Planning Board recommended approval of Sykes Glen with a Class B private road and subject to three conditions: (1) Provide a copy of the restrictive covenants for review by the County Attorney to insure that a condition is included to prohibit further subdivision of the proposed nine lots. (2) Realign the entrance and clear for the sight distance as per NCDOT recommendation. (3) Access to Sykes Glen Trail should be restricted to only the nine lots in the subdivision. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the preliminary plan for Sykes Glen subject to three conditions as listed above. VOTE: UNANIMOUS. 4. LUP-1-87 CHANDLER CONCRETE COMPANY - LAND USE PLAN AMENDMENT i e Planner Gene Bell made the presentation. Chandler Concrete was granted a secondary Land Use Plan amendment, Planned Development rezoning and Class A Special Use Permit for 1.41 acres of land on N.C. Highway 10 on October 10, 1985. This approval was, challenged and on December 12, 1986, the court ruled that because the requirement of the two-acre minimum lot size was not met that the Special Use Permit was invalid. To correct its nonconforming status, Chandler Concrete is requesting that the Ten- Year Transition Area and Commercial-Industrial Activity Node be expanded by an additional 0.59 acres. The Planning Staff recommended denial for the following reasons: (1) The reasons for amendments in the Procedures for Amending the Land Use Plan were not addressed; and (2) Conformity with all applicable location criteria in Section 3.4 of the Land Use Plan was not demonstrated. The Planning Board recommended approval of the request. The Administration recommends denial based on the Staff's recommendation. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the application for an amendment to the Orange County Land Use Plan. VOTE: UNANIMOUS. 5. Z-3-87 THE MEADOWLANDS Greg Szymik presented for consideration a request by Meadowlands Associates to amend the orange County Zoning Atlas. The Property is located along the south side of U.S. Highway 70 Business east of N.C. 86 in Hillsborough Township. The proposed realignment would result in the following realignments: EXISTING ZONING PROPOSED REALIGNED ZONE (0-1) zone 25.4 acres 15.81 acres (1-1) zone 62 .3 acres 72 .57 acres (R-1) zone 22.4 acres 21.73 acres Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve positive findings on Article 20.3 .2a, b, c, d, and e and on Article 4.2a, b, and c, and on Article 4.2. 3a,b,c, and e. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the application as recommended by the Planning Board and the Administration. VOTE: UNANIMOUS. 6. Z-4-87 AUTOWERKS Greg Szymik presented for consideration a request by Charles Miller and Merle Dancy to amend the Orange County Zoning Atlas. The pro- perty is located on the east side of N.C. Highway 86 north of New Hope Church Road and south of Old N.C. 10. The applicants maintain that the existing use was in operation in 1981 when Hillsborough Township was zoned and that an error was made at that time. The property was zoned R-1 and should have been designated Existing Commercial (EC-5) . The Planning Board recommended approval of the proposed revision and the Administration concurs. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve positive findings on Article 20. 3.2a, b, c, a and Article 4.2a and b. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the application as recommended. VOTE: UNANIMOUS. 7. Z-5-87 CHANDLER CONCRETE COMPANY, INC. - REZONING REQUEST Greg Szymik presented for consideration a rezoning request from Chandler Concrete to rezone a 3 .43 acre parcel from Residential-1 to Community Commercial-III. The property is located in western Cheeks Township on the south side of U.S. Highway 70 and on the north side of Southern Railway. The Planning Board recommended against rezoning stating that the property is located in a Protected Watershed II overlay district and is proposed for non-residential use. A planned development approach, including site plan approval and the issuance of a Special Use Permit provides better control over such development in a watershed. The Administration concurs with the Planning Board recommendation. Mr. Chandler stated that this Community Commercial-III zoning is listed as a non-residential use and he was advised by the Planning Staff to submit this request on that basis. Motion was made by Chair Marshall, seconded by Commissioner Hartwell to deny the application for rezoning. VOTE: UNANIMOUS. 8. PD-3-87 OCCONEECHEE POINT For information only - the application was withdrawn. 9. TOWN OF MEBANE - EXTRATERRITORIAL JURISDICTION REVISIONS Greg Szymik presented for consideration the rezoning of property affected by the revision of the Town of Mebane Extraterritorial Zoning Jurisdiction. For those parcels that will be placed entirely in Orange County, it will be necessary to zone them in accordance with Orange County's Zoning Ordinance. Seventeen (17) parcels of land that are pre- sently split between Town of Mebane zoning and Orange County zoning would be placed entirely under Orange County zoning. The Planning Board recom- mended the proposed zoning for the following parcels: PARCEL TO BE ZONED PROPOSED (TAX REFERENCES ZONING CLASSIFICATION 3. 1. .21 AR* 3 .1. .37 AR 3 . 1. . 38 AR 3. 1. . 39 AR 3 .6. .8 AR 3 .6. . 10 AR 3.6. . 11 AR 3 . 6. .25 R-1* 3. 6. .29 R-1 3 . 6. .33 AR 3. 6. .34 AR 3 . 11. .4 R-1 3 .11. .6 R-1 3 . 11. . 18 R-1 3 .21.A.24 AR 3.21.A.25 AR 3 .42 . .5 AR *AR (Agricultural Residential) *R-1 (Rural Residential) Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the recommendation. VOTE: UNANIMOUS. 10. ZONING ORDINANCE AMENDMENT - CREMATORIA ARTICLE 4.3 (PERMITTED USE TABLE) ARTICLE 10.4 (OFF-STREET PARKING REQUIREMENTS Greg Szymik presented for consideration proposed amendments to Article 4 .3 and Article 10.4 of the Zoning Ordinance. The amendment to Article 4. 3 would add crematoria to the Permitted Use Table and the amend- ment to Article 10.4 would establish parking requirements for crematoria requiring one space plus one space per employee. The Administration recommends approval of the proposed amendments recommended by the Planning Board with effective date of October 5, 1987. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Zoning Ordinance Amendments as recommended. VOTE: UNANIMOUS. 11. ZONING ORDINANCE TEXT AMENDMENTS - ARTICLES 6. 16. 1 6.23.4 7.2. 1 9. 11, AND 12.10 Greg Szymik presented for consideration proposed amendments to Articles 6.16.6, 6.23 .4, 7.2.1, 9. 11, and 12. 10 of the Zoning Ordinance. These amendments will include reference to the new Rural Buffer (RB) zoning district in the above listed Articles. The Administration recommends approval of the Zoning Ordinance Text Amendments with an effective date of October 5, 1987. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the recommendation. VOTE: UNANIMOUS. 12. SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-8-C LANDSCAPING STANDARDS Greg Szymik presented for consideration a proposed amendment to Section IV-B-8-c of the Subdivision Regulations. This amendment will add to this Section the following: "Amended Effective March 24, 1987". The Administration recommends approval of the amendment as recommended by the Planning Board. Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve the recommendation. VOTE: UNANIMOUS. 13. SUBDIVISION REGULATION AMENDMENT - SECTION V IMPROVEMENTS Greg Szymik presented for consideration a proposed amendment to Section V of the Subdivision Regulations which would remove cash as an acceptable form of security and add escrow agreements as a new form of security for required improvements. The Administration recommends approval of the amendment as recom- mended by the Planning Board with an effective date of October 5, 1987. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the recommendation. VOTE: UNANIMOUS. 14. REQUEST TO INITIATE LEGAL ACTION - JEHUE EDWARDS Greg Szymik presented for Board consideration a request to initiate legal proceedings against Jehue Edwards of Rt. 4, Box 370, Chapel Hill. The property is zoned Rural Buffer and is being used as a landfill. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to approve the initiation of legal proceedings. VOTE: UNANIMOUS. 15. POLICY STATEMENT - DUKE FOREST PROPERTIES ACCESS VIA COUNTY GREENWAYS By consensus, the Board approved the following policy and asked the Manager to forward the draft policy to Duke University officials for their comments: "It is the policy of the Orange County Board of County Commis- sioners to encourage recreation access onto Duke Forest properties via designated greenways only at roads, firetrails or other points of entry mutually agreeable between Orange County and Duke University. No site plan and no subdivision plat of property adjacent to the Duke Forest properties and showing any portion of the Orange County greenway system (as outlined in the Orange County Land Use Plan and/or the Orange County Master Recreation & Park Plan) shall be approved which designates or shows the property as having recreation access to Duke Forest unless it is via a road, firetrail or other point of entry approved by Orange County and Duke University. " 16. APPENDIX TO PROPOSED JOINT PLANNING AGREEMENT (A copy of this agreement is attached to these minutes as pages ) . See Minutes for November 2, 1987 meeting for complete copy of agreement. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the appendix to the proposed Joint Planning Agreement. VOTE: UNANIMOUS. 17 . FUNDING SENIOR CITIZENS ART/CRAFTS CLASSES Director of Department on Aging Jerry Passmore reported that five senior citizen arts/crafts classes will be terminated as of October 15 as a result of a change in Durham Technical Community College's regulations and funding formula. To continue the classes through June 30, 1988 it would cost from $4, 679 to $11, 696. Several senior citizens spoke of the importance of these programs and asked the Board to find a way to continue the arts/crafts classes. Chair Marshall spoke highly of the senior citizen programs. She explained that there is a very small amount of money in contingency and that other programs were not funded because of a lack of funds. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to request that the Manager work with the two Department Heads to determine if funds can be taken from their budgets and if a budget amendment is necessary that it be brought back to the Board. VOTE: UNANIMOUS. 18. CONTINUATION OF INTERGOVERNMENTAL WORK GROUP This item was postponed until the next meeting. 19. ANIMAL CONTROL LICENSING FEES After an extended discussion, motion was made by Commissioner Hartwell, seconded by Commissioner Carey to adopt differential licensing for dogs and cats as follows: License fee of $5. 00 for spayed and neutered dogs and a $15.00 fee for unspayed or unneutered dogs and a license fee of $2 . 00 for spayed and neutered cats and a $10. 00 fee for unspayed or unneutered cats. VOTE: UNANIMOUS. Commissioner Hartwell asked that a sentence be put on the tax form that says there is differential licensing and that money can be saved if a sworn affidavit states that the animals have been spayed. Additionally, Commissioner Hartwell asked that a sentence be placed on the tax listing form advising the citizens of the possibility of having land taxed at its use value rather than at market value. Assistant Manager Laws commented that in the early years of the program an effort had been made to publicize this possibility but that not much had been done recently. Chair Marshall concurred in the recommendation, commenting that many citizens in the towns were unaware of this provision. 20. PROJECT TO DEVELOP SUPPORT FOR EMOTIONALLY TROUBLED PRESCHOOLERS Chair Marshall stated that the Ad Hoc Committee for emotionally troubled preschoolers would like to proceed with organizing as an Inter- agency Committee to plan, develop support for, and implement a program that will begin to address the goals formulated by the Committee. The 1987-88 County Budget includes $25, 000 for this program. Albert Kittrell requested that Deanna Shaffer from the Social Services Department and Beverly Whitehead be added to the list of committee members. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to appoint Advisory Committee members nominated by the Ad Hoc Committee plus the two members suggested by Albert Kittrell, authorize the Advisory Committee to add other members, subject to confirmation by the Board of Commissioners and authorize the Advisory Committee to proceed with implementation of the consultative service as outlined in the letter dated September 22, 1987 from Susan McClanahan. The Advisory Committee members are: Lynda Baddour, Lorna Chafe, Paula Clarke, Elaine Foster, Florry Glasser, Nathalie Harrison, Lynne Johnston, Betty Matthews, Susan McClanahan, Fabretta McNeil, Jodie Pierce, Susan Russell, Daisy Satterwhite, Hattie Scott, Don Willhoit, Irene Zipper. Ex-officio members are: Deby Dihoff, Deanna Shaffer and Beverly Whitehead. VOTE: UNANIMOUS. 21. FORMATION AND CHARGE TO SHORT-LIVED_FACT-FINDING COMMITTEE ON EQUITY FUNDING Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the formation, charge and composition of a short- lived fact-finding committee on equity funding. The committee will be chaired by Shirley Marshall and the membership will include: (1) the Chairs of both systems, (2) Interim County Manager or his designee, (3) the Superintendents of both systems or their designee, (4) a teacher from each of the teacher organizations in each system and (5) the Financial Officers of both systems and the County. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: COMMISSION FOR WOMEN - Sarah Fisher COUNTY ADVISORY BOARD ON AGING - Robert E. Seymour SUPERINTENDENT'S BLUE RIBBON TASK FORCE - Moses Carey I. ADJOURNMENT With no other items to be considered by the Board, Chair Marshall adjourned the meeting. The next regular meeting will be held on October 20, 1987 at 7:30 p.m. in the Old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk MINUTES JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD OCTOBER 14, 1987 A Joint meeting was held by the Orange County Board of Commissioners, the Chapel Hill Town Council, the Carrboro Board of Aldermen and the Orange County Planning Board on October 14, 1987 at 7:30 p.m. at the Grey Culbreth Junior High School cafeteria, Chapel Hill, North Carolina for the purpose of holding a public hearing on the proposed Joint Planning