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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
FEBRUARY 26, 1979
The Orange County Board of Commissioners met in regular session,
on Monday, February 26, 1979, at 7:30 p.m. , in the Superior Court Room,
of the Orange County Courthouse, in Hillsborough, North Carolina.
Members Present: Commissioner Richard Whitted, Chairman,
and Commissioners Norman Walker, Norman Gustaveson, Anne Barnes
and Don Willhoit.
Planning Board Members Present: Dr. Robert Bonar, Chairman,
Mr. Lindsay Efland, Ms. Pat Crawford, Dr. J. Logan Irvin, Mr. Art
Cleary and Mr. John Scarlett.
Chairman Whitted turned the meeting over to Dr. Bonar, Chairman of
the Planning Board, to conduct a public hearing.
Agenda Item 1A: Petition to Rezone a 10 Acre Tract in
Chapel Hill Township from Planned Unit
Development to Residential
The Planning Director reviewed the petition to rezone filed by
Mr. and Mrs. Samuel Putnam. The Planning Staff could not. detect any
problems in zoning the property back to residential .
Mrs. Elizabeth Anderson spoke in favor of the petition to rezone
and stated the petition to rezone was filed because the property owners'
proposal had not proven economically feasible and they were left with
no alternative except to file a petition for rezoning back to residential .
Dr. Irvin stated, since none of the property which had been zoned
planned unit development had been sold, rezoning the property back to
residential created no hardship; however, if some of this property had
been sold for planning or developmental purposes, rezoning back to
residential might produce a serious hardship to the purchaser. Dr. Irvin
advised persons attempting to rezone to planned unit development in
the future be quite sure of their position, as it would -probably be
quite difficult to get the property zoned back to the original zoning
if any property within the subdivision had been sold.
No other person spoke to this item.
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Agenda Item 1B: Proposed Addition to Orange County
Zoning Control Ordinance Entitled,
"Temporary Use Permit for Mobile Homes"
The Planning Director submitted a proposed amendment to the zoning
ordinance entitled Section 7.3, Temporary Use Permit for Mobile Homes.
Commissioner Whitted asked who initiated the proposal . The
Planning Director said the proposal had originated from a Board of
Adjustment case in which a severe hardship was imposed by allowing
only one principal resident on a parcel .
Dr. Bonar requested "agency" be substituted for "municipality" in
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section (e) .
No member of the audience spoke for or against the proposal .
There being no further business to come before the public hearing,
the meeting was adjourned. The Board of Commissioners convened its
meeting in the Commissioners Room and the Chairman ruled action on the printed
agenda.
Agenda Item 2: Matters of Public Concern
No member of the audience wished to address the Board on this item.
The following items were added to the agenda:
Agenda Item 12: Discussion of Special Legislation Extending
Assessment Authority to OWASA
Agenda Item 13: Poor Drainage on Weaver-Dairy Road near
Tillman Homestead
Agenda Item 14: Discussion of Original Legislation Authorizing
the County to Charge a Special License Fee
for Sale of Liquor by the Drink
Agenda Item 15: Discussion of Appointments to County
Recreation Advisory Council
Agenda Item 16: Review of Request from the League of Women
Voters for Financial Aid for their Publication,
"A Citizens Guide to Chapel Hill , Carrboro
and Orange County"
Commissioner Willhoit submitted a resolution entitled, "Request to
Department of Transportation for Informational Meeting Regarding Southern
Bypass. For copy of this resolution, see page 235 of this book
After some discussion, Commissioner Gustaveson moved, seconded by
Commissioner Barnes, the Board authorize the Chairman to contact the
Secretary of the Department of Transportation to request a meeting
in mid-March, at which the general public could hear how decisions relating
to the proposed Southern Bypass will be made. Vote: ayes, 5; noes, 0.
Dr. J. Logan Irvin filed with the Board a document entitled,
"Statement to Mayor James C. Wallace and the Board of Aldermen of
the Town of Chapel Hill on Behalf of the Southwest Community Preservation
Alliance Regarding the Proposed Southern By-Pass Thoroughfare around
Chapel Hill and Carrboro". For copy of this document, see page 236 of
this book.
Agenda Item 3: Bid Results
The Board reviewed and accepted from the Finance Director a report
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of bid results for three patrol cars to be used in the Sheriff's Department,
r three mid-sized cars to be used in the Sheriff's Department, one compact car
for general use, one compact truck to be used in the Public Works Department
n and automobile tubes and tires. See page 240 for copy of bid results.
Agenda Item 4: Board Action on Bid Results
Commissioner Walker moved, seconded by Commissioner Barnes, to reject
all vehicle bids reported in Agenda Item 3 above. Vote: ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Barnes, to
county re-bid three mid-sized cars, three compact cars and one compact
truck. Vote: ayes, 5; noes, 0.
Commissioner. Willhoit moved, seconded by Commissioner Walker,
the county re-bid three standard-sized vehicles for police work and
that the specifications for this bid should provide both 8 cylinder
and 6 cylinder engines in order that the county might have alternate
proposals to consider. Vote: ayes, 5; noes , 0.
Commissioner Willhoit moved, seconded by Commissioner Walker,
to accept the low bid of Nu-Tread Tire Company for automobile and
truck tires as reported in Agenda Item 3 above. Vote: ayes, 5; noes, 0.
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Agenda Item 5: Review of Proposed Response to
Judge Henry McKinnon, Jr. Concerning
Plans for Improvements at the County Jail
The Manager submitted to the Board a copy of a memorandum he
prepared for the County Attorney concerning the present county facilities
plan, particularly as it relates to the county jail . This proposal outlined
portions of the facilities study prepared by Mr. Nassif and set forth the
order in which improvements identified in the study would take place and
concluded with the statement that additions and improvements to the present
county jail would be the county's number one priority in the capital
improvements plan it is now preparing. The Board endorsed this report.
The County Attorney addressed the other questions raised in Judge McKinnon's
letter to the Board and stated funds for repairs of the jail are not
included in the jail budget but are included in the building and grounds
account; funds for bedding material are included with the general supply
budget authorized for the jail ; and funds for staffing of the jail are
included in the jail 's personnel appropriation.
The Sheriff addressed the question of jail sanitation and
cleanliness raised in Judge McKinnon's letter by saying jail inmates are
required to clean the jail cells and it would be quite helpful if a full-
time maintenance/janitor could be assigned to the jail .
Commissioner Willhoit suggested the Manager be authorized to hire
a full-time jail/maintenance person as suggested by the Sheriff.
The Board refrained from acting on Commissioner Willhoit's suggestion
pending discussion of this matter with Judge McKinnon.
Agenda Item 6: Noise Complaint about Chapel Hill Police
Firing Range
Commissioner Barnes reported to the Board she had discussed with
the Chapel Hill Chief of Police correspondence the Commissioners had
received voicing complaints about noise from the police firing range in
Chapel Hill Township. Commissioner Barnes pointed out this firing range
did not belong to the Town of Chapel Hill but belonged to a county law
enforcement officers association. She informed the Board the representatives
of the Chapel Hill Police had contacted the complaining party and were
attempting to negotiate resolution of the problem.
Agenda Item 7: Capital Improvements Program
Commissioner Barnes moved, seconded by Commissioner Willhoit, the
Board adopt the procedure as prepared by the Finance Director for
the county' s new capital improvements program.
Commissioner Walker stated he was not ready at this time to
vote on these procedures and requested this decision be delayed to
allow time to further study this proposal . After some discussion of
various procedures used to select architects, the Chairman called for
a vote on Commissioner Barnes' motion. Vote: ayes , Commissioners
Gustaveson, Willhoit, Barnes and Whitted; noes, Commissioner Walker.
Agenda Item 8: Resolution Urging Action Regarding
Credit Union Membership
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
the Board adopt a resolution entitled, "A Resolution Urging Action
Regarding Credit Union Membership". Vote: ayes, 5; noes, 0. For
copy of this resolution, see page 243 of this book.
Agenda Item 9: Proposed Legislation Concerning Animal
—Control
The County Attorney recommended the Board seek legislation to repeal
Chapter 367 of the Session Laws of 1953, a local act dealing with Orange
County, and seek exemptions from provisions of Chapter 67, article 5,
and, further, request a local ordinance be drawn subscribing the county
animal control program be enacted.
Commissioner Willhoit moved, seconded by Commissioner Barnes,
the Attorney be authorized to implement these proposals. Vote: ayes, 5;
noes, 0.
Agenda Item 11: Report from Subcommittee Dealing with
Extraterritorial Zoning Jurisdiction
of the Town of Chapel Hill
Commissioner Barnes reported activities of the subcommittee dealing
with extraterritorial zoning jurisdiction for Chapel Hill and advised
the Board of the activities of this subcommittee by stating this subcommittee
was recommending a new committee of two Commissioners and two Planning
Board members from Orange County and two Councilmen and two Planning
Board members from the Town of Chapel Hill be created. The purpose of
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this new committee would be to jointly develop a land use plan within
the area of the original requested extraterritorial zoning jurisdiction
of the Town of Chapel Hill . Commissioner Barnes introduced a resolution
for Board acceptance.
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Commissioner Gustaveson moved action on this resolution be delayed.
This motion died for lack of a second. After some discussion, Commissioner
Gustaveson moved, seconded by Commissioner Willhoit, the joint planning
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task force concept advised by the subcommittee be accepted by the
Commissioners; however, actual boundary lines of territories within which
land use plans would be developed would not be identified at this time.
Vote: ayes, 5; noes, 0.
Commissioner Barnes stated the subcommittee was recommending a joint
meeting between the Commissioners and the Aldermen to discuss the extra-
territorial extension issue be held as soon as practical . After some
discussion of this matter, the Commissioners proposed March 27th as the
first choice and March 29th as an alternate.
Commissioner Willhoit moved an additional item be added to the
agenda, "The Planning Department be Authorized a New Planning Position".
After some discussion, Commissioner Walker objected to this item being
placed on the agenda. Chairman Whitted moved it inappropriate to consider
this item at this meeting.
Commissioner Willhoit requested this item be placed on the next
Commissioners' agenda.
Chairman Whitted advised the Board he is constantly contacted regarding
the Board's formal position in regard to extraterritorial jurisdiction.
He requested to be authorized to articulate the Board's formal
position as the policy statement adopted at the Board's meeting on
February 15th.
After some discussion, Commissioner Willhoit moved, seconded
by Commissioner Barnes, the Chairman be authorized to articulate the
formal position of the Board. Vote: ayes, 5; noes , 0.
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Agenda Item 14: Discussion of Legislation Regarding
Li uq or by the Drink License Fees
The Board was not ready to take action on proposed legislation
concerning special tax for sale of alcoholic beverages by the drink;
however, they did ask the Attorney to contact Representative Hunt to
see if she knew of any similar legislation which would be introduced
at this session.
Agenda Item 15: Recreation Advisory Council
Clerk is to advertise a vacancy on the Orange County Recreation
Advisory Council .
The Board named the following persons to the Recreation Advisory
Council : Commissioner Norman Walker, Commissioner representative, and
Mr. Robert Strayhorn, Ms. Evelyn Patterson, Mr. David English, Mr. Ron Hyatt,
Mr. Willie Laws, Mr. Micol Giovanni , Ms. Katie Smith, Ms. Mary Howes and
- Mr. Donald Roberts.
Clerk is to write a letter to Mr. Gary Giles thanking him for his service
on this Council .
Agenda Item 16: Request from league of Women Voters
A Chairman Whitted presented a letter from Mrs. Linda B. Brown,
Publications Chairperson, of the League of Women Voters in Chapel Hill .
Mrs. Brown's letter requested financial support for the League of
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Women Voters' publication, "A Citizen's Guide to Chapel Hill , Carrboro
and Orange County". Commissioner Gustaveson suggested the county
purchase a page in this publication. The Board will include this request
in the budget considerations for 1979-80 and asked the Clerk to acknowledge
receipt of the letter from Mrs. Brown.
Agenda Item 12: Special Legislation Extending Assessment
Authority to OWASA
The County Attorney presented copies of proposed legislation authorizin
certain non-profit water authorities to make special assessments against
benefited property. After some review, the Board agreed to take this
legislation under study.
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Agenda Item 13: Poor Drainage on Weaver-Dairy Road
Commissioner Willhoit requested the Clerk contact the local
office of the Department of Transportation to request that office investigate
a drainage tile stop up on !cleaver Dairy Road near Tillman Homestead.
There being no further business to come before the Board, the
meeting was adjourned.
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Richard E. Whitted, Chairman
Mary Lou Bouley, Clerk
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