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HomeMy WebLinkAboutMinutes - 19691006BOOK. PAGE 230 MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS October 6, 1969 The Orange County Board of Commissioners met in regular session in the Commissioners Room at the Courthouse in Hillsborough, North Carolina, on Monday, October 60 1969, at 10 o'clock A.M. Members Present: Chairman Carl M. Smith and Commissioners Harvey D. Bennett, William C. Ray, Henry S. Walker and Ira A. Ward. Members Absent: None Minutes of the meetings held during the month of September were read and approved after the following correction was made: Page 224 line 31 delete the words Institute of Government and substitute therefore the words Governors Committee on Law and Order. Commissioner Bennett reported on the activities of the Local Option Sales Tax Steering Committee. A one page fact sheet had been prepared in order to show the amount of funds which would be received by each governmental unit within the County and would further show the amount of sales tax the average individual might pay. The following road petitions were received and the clerk was authorized to forward to the State Highway Commission: SR 1540, SR 1541, SR 1542, SR 1579, Sterling Hunt Road, Freeland Heights, SR 1526 (Claude R. Gray Road) Apple Street, and SR 1516. Mrs. Harden Johnson requested that the Board inquire as to the status of SR 1117. The clerk was instructed to write the letter of inquiry and was also directed to inquire as to the status of the road designated as SR 1538. Discussion ensued relative to the counties legal responsibility for pauper burials. The County Attorney was requested to research the law relative to pauper burials and report his findings at the next meeting. Norman Long, County Zoning Officer, inquired of the Board as to their decision relative to the recommendations of the County Planning Board which were presented on September 2, 1969, at the public hearing. Mr. Long presented the following letter: "Mr. Carl M. Smith, Chairman September 22, 1969 Orange County Board of Commissioners Hillsborough, North Carolina Dear Mr. Smith: The Planning Board voted to recommend approval of the following amendments to the Zoning Ordinance for Chapel Hill Township. 1. Amendment to correct the official Zoning Map by relocating a Rural Commercial District and a Mobile Home Park District from Tax Map 14 Parcel 1OB to Tax Map 19 Parcel 2A. 2. Amendment to re-zone from Residential to a Mobile Home Park District 6.1 acres belonging to Mr. Neal Tapp and located on Tax Map 19 Parcel 2A. 3. Amendment to rezone to a Rural Commercial District that portion of the Northeast corner of the J. W. Maultsby property located West of Highway 66 and being further described as beginning with the Maultsby line in the center of the railroad and running South on the West side of Highway 86, 2501; thence with the Maultsby property line West 301; thence with the Maultsby line South 2701; thence West 270' to the center of the rail- road; thence East with the center of the railroad to the beginning 5401, 4. The amended definition of a Structure. 5. The amendment to add a new definition, lot, zoning. 6. Amendment to add new Section 10.4 Single Family Residences on zoning lots. 7. Amendment to delete present Section 6.9 and add new 6.9 signs. 8. Amendment to delete the following definitions: Sign - General Purpose, advertising or billboard Sign— Identification and Occupancy Sign - Real Estate" Th tilanning Board requests that ' ' ' by roving areas shown on Map 14 Lot 10B to Map 19 L in oprectly recorded. Areas on Map 14 Lot 10B would R slidential District. In addition Neal Tapp•.is.req d i'tional acres be rezoned to a Mobile Home Park D is shown by,orange lines ,`' A BOOK 7 PAGE 231 1 p be cor cted W-,-they re :urn to a ing that six (6) k. ict. Thi area 1 d N }C' ?` f .z These as w'11 return to n w" a Resident District c7O cn n CD N D t7 n ?S \4C BOOK 7 PAGE 232 Discussion ensued. 1. Amendment to correct the official Zoning Map by relocating a Rural Commercial District and a Mobile Rome Park District from Tax Map 14 Parcel 10B to Tax Map 19 Parcel 2A. Upon motion of Commissioner Bennett, seconded by Commissioner Walker, it was moved and unanimously adopted that the recommendation of the County Planning Board be accepted and that the zoning ordinance be amended to re-locate the rural commercial-tract at its true location. (See Tax Map 14 Parcel 10B and zoning map in Commissioners Minute Docket #7 at page 231. 2. Amendment to rezone from Residential to a Mobile Home Park District 6.1 acres belonging to Mr. Neal Tapp and located on Tax Map 19 Parcel 2&. Upon motion of Commissioner Bennett, seconded by Commissioner Walker, it was moved and unanimously adopted, that the recommendation of the County Planning Board be accepted to re-zone from residential to mobile home park 6.1 acres owned by Neal Tapp. (See Tax Map 19 Parcel 2A). 3. Amendment to rezone to a Rural Commercial District that portion of the Northeast corner of the J. W. Maultsby property located West of Highway 86 and being further deseribed'as beginning with the Maultsby line in the center of the railroad and running South on the West side of Highway 86, 2501; thence with the Maultsby property line West 30'; thence with the Maultsby line South 2701; thence West 270' to the center of the railroad; thence Fast with the center of the railroad to the beginning 5401. Upon motion of Commissioner Walker, seconded by Commissioner Ward, it was moved and unanimously adopted that the recommendation of the County Planning Board be accepted to amend to rezone to rural commercial the Northeast corner of J. W. Maultsby's property located on the West of highway 86. Items 4, 5, 6, 7 and 8 as listed in the Planning Board's letter were discussed. 4. The amended definition of a Structure Amend Definition of Structure to read: Structure. Anything constructed or erected which requires permanent location above grade. For purposes of this ordinance, "structure" does not include landscape features such as ornamental pools, driveways, walls, or fences, playhouses, open stairs, recreational equipment, flag- poles, light fixture poles, underground fallout shelters, air-conditioning compressors, pump houses or wells, mailboxes, prilies, residential outdoor fireplaces, non-residential gatehouses, burial vaults, tombstones, school bus waiting shelters, or warves. 5. The amendment to add a new definition, lot, zoning. Add new definition: Lot, zoning. A parcel of land of at least one (1) acre that is a portion of a larger tract and is designated by the owner of said larger tract as the land he proposes to develop within the larger tract in one ownership. 6. Amendment to add new section 10.4 Single Family Residences on zoning lots. Add new section: 10.4 Single family residences on zoning lots. The Orange County Board of Adjustment shall be impowered to issue Single Family Residence Permits on Zoning Lots when it shall make the following findings: 10.4.1. The minimum lot size is one (1) acre and conforms to the dimension and space requirements of the zoning ordinance. 10.4.2. That the property to be developed is not intended for sale. 10.4.3. That not more than five (5) additional units are to be built in single ownership. When more than five (5) additional units are to be built, the requirements of the Subdivision ordinance will prevail. 10.4.4. That all lots abut on a state maintained road or a private road that meets the minimum state requirements will not less than a 60' right of way. i i J { J BOOK 7 PAGE 233 10.4.5. That the water supply and sewer disposal systems have been approved in writing by the District Health Officer. 7. Section 6.9 SIGNS i 1. Must com 1?. No sign of any type shall be erected, painted, repainted, posted, saposted, placed, replaced or hung in any district, except in compliance with these regulations. j 2. Advertising signs of all types are business uses and, except where 11 specifically authorized by the terms of this ordinance, shall not be j permitted in any district.other than Rural Commercial, General i Commercial, Prime Commercial, General Industrial, Rural Industrial i and Rural Processing Districts. The following types of signs may, however, be erected in any district: (a) Small: Any sign not exceeding one and one-third square feet in area. (b) Small professional announcement signs of professional or businesses, not exceeding two square feet in area and not illuminated, fixed flat against the building where such profession or business is carried on. (a) "For sale" or "for rent" signs pertaining to realty, on the premises J offered for sale or rent, not exceeding four square feet in area {+ and not illuminated. Such sign may be placed not closer to front property line than ten feet. (d) Church or ublio bulletin boards lighted or unlighted, not exaee ng 0 square feet n area. (e) Agricultural products. Signs advertising agricultural products, produced on the premises. 1 3. Permit required.. No sign shall be erected by any person without a permit from the Zoning Officer, provided, however, that no permit shall be required for the types of signs listed in paragraphs 2 (a), 2 (b), 2 (c), 2 (d), and 2 (e) above. . Distance from Ri ht right of Wa No sign of any type shall be placed closer n 10 feet o -of-way line of any public road, except that i in any class of commercial or industrial district, a maximum of three identification signs, eaoh no larger than 15 square feet in area, may be located in a required front yard. 5. Area include entire ai . For the purposes of this ordinance, the square feet area o _91-7-00791. ny a gn a all be measured to include the entire sign, including lattice work, fencing, or wall work incidential to its decoration. 6. Limitation on Business and Industrial Si MS. A maximum of three square foot o Mortising sign area for each lineal foot of frontage occupied by a commercial or industrial use shall be permitted on the premises on which such-use is conducted. In no case shall any sign be erected or displayed on the aide street side of a corner building, nor on the rear of any building if such building be located within 100 feet of a Residential district. The permitted sign area in Commercial Districts shall be divided among not more than three signs. 7. No si na on Public ri ht-of-wa . No sign of any nature, except those erected or or erly tra a control and other municipal or governmental purposes, shall be permitted on any public right-of-way. 8. Limitation on non-conforms si a. No sign erected before the a option of this amen ent shat a moved, replaced, or repaired in excess of fifty (50) per cent of its original cost in any calendar year without complying with the provisions of this ordinance. All such sign shall be brought into compliance with the provisions of this ordinance not later than five (5) years from the date of adoption of this ordinance. g. 0:1.y or illuminated signs. Any illuminated sign shall be lighted w th non-flashing and non-animated illumination. Any lights used for illumination shall so arranged as to reflect light away from any adjoining residence districts and any light used for illumination and not an integral part of the sign shall be so arranged as to reflect light away from the streets. Delete present Section 6.9 entirely. f BOOK .. PAGE 234 8. Amendment to delete the following definitions: Sign - General Purpose, advertising or billboard Sign - Identification and Occupancy Sign - Real Estate Delete following definitions: Sign - General Purpose, Advertising or Billboard Sign - Identifioation and Occupancy Sign - Real Estate Upon motion of Commissioner Ray, seconded by Commissioner Walker, it was moved and unanimously adopted, that the recommendation of the County Planning Board be accepted relative to these listed items. Mr. Long presented a plat of Freeland Hills Subdivision and stated that the developer of the subdivision had complied with the zoning ordinance provisions relative to subdivisions and the County Planning Board had approved the plat. Upon motion of Commissioner Walker, seconded by Commissioner Ray, it was moved and unanimously adopted that the plat of Freeland Hills Subdivision be approved for recordation. Chairman Smith requested the County Attorney to read, for the second and final time, the proposed ordinances entitled 'An Ordinance Authorizing the Chairman of the Board of Commissioners to Proclaim Restrictions in Response to the Needs of an 'Emergency" and "An Ordinance to Permit Dispersal of Assemblies During An Emergency". The County Attorney read the ordinance entitled "AN ORDINANCE AUTHORIZING THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO PROCLAIM RESTRICTIONS IN RESPONSE TO THE NEEDS OF AN EMERGENCY". Discussion ensued. Upon motion of Commissioner Ray, seconded by Commissioner Bennett, it was moved and unanimously adopted that the ordinance entitled "AN ORDINANCE AUTHORIZING THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO PROCLAIM RESTRICTIONS IN RESPONSE TO THE NEEDS OF AN EMERGENCY" be adopted. (For copy of this ordinance see ordinance book #1 page 1, Orange County Registry. The County Attorney read the ordinance entitled "AN ORDINANCE TO PERMIT DISPERSAL OF ASSEMBLIES DURING AN EMERGENCY". Discussion ensued. Upon motion of Commissioner Bennett, seconded by Commissioner Ward, it was moved and unanimously adopted that the ordinance entitled "AN ORDINANCE TO PERMIT DISPERSAL OF ASSEMBLIES DURING AN EMERGENCY" be adopted. (For copy of this ordinance see ordinance book #1 page 3 , Orange County Registry. Chairman Smith read letters of resignation from the Human Relations Council from Mrs. Belinda Worth and Mrs. Robert Nutter. Chairman Smith read a letter of resignation dated September 12, 1969, from Mrs. Sara H. Sears, Associate Rome Economics Extension Agent, to be effective at the end of November. Chairman Smith filed the following items with the clerk: 1. Letter from David L. Dixon, Area Conservationist - Soil Survey. 2. Letter from Pearson H. Stewart - Housing Specialist. 3. Letter from Sara H. Sears - resignation. Li. Memorandum from State Department of Social Services - Grant Funds for improvement of jails. 5. Grand Jury Report. 6. Notice amount of monies to be raised by the County for Aid to the Aged, disabled, medical assistance for assistance recipients, medical assistance for the aged, aid to families with dependent children, and medicaid for the year 1969-1970. 7. Copy of Joint Orange-Chatham Community Action, Inc. minutes. 8. Copy of Health Planning Council Board minutes. 9. Copy of letter from R. P. Hudson, Jr., Chief Medical Examiner to Hubert Patterson. 10. Copy of letter from Hubert C. Patterson, M.D., to Dr. Jack Hughes, President Durham-Orange County Medical Society. 11. Correspondence from the Board of County Commissioners. BOCK Chairman Smith was authorized to sign the following Blind Aid Agenda: AID TO THE BLIND AGENDA October 6, 1969 New Name Eff. Date Amount Reason James Lipsey 10-1-69 $00 No budgetary need REVISION Sadie K. Miller 11-1-69 $87 to $83 Change in AB policy Sadie K. Miller 1-1-70 $83 to $79 Change in AB policy Lucy S. Reed 11-1-69 $73 to $81 Change in AB policy Lucy S. Reed 1-1-70 $81 to $70 Change in AS policy Effie C. Dillehay 1-1-70 $25 to $21 Change in AB policy Clayton Roberson 11-1-69 $53 to $57 Change in A3 policy Sophonia Sykes 11-1-69 $82 to $90 Change in AB policy Sophonia Sykes 1-1-70 $90 to $70 Change in AB policy Thomas S. Breeze 11-1-69 $76 to $78 Change in AB policy Thomas S. Breeze 1-1-70 $78 to $73 Change in AB policy TERMINATE Joe Mason 10-1-69 $00 Decease d 7 PACE 235 Upon motion of Commissioner Ward, seconded by Commissioner Ray, it was moved and unanimously, the Orange County Board of Commissioners went on record in support of the Local Option Sales Tax Referendum. The following resolution was introduced, read and unanimously adopted: "WHEREAS, Judge Luther James Phipps attained preminence in the practice of law in Orange County and by his conduct acquired an enviable reputation among both the members of the Bar and the people of Orange County; and WHEREAS, he served as the first Judge of the Orange County Recorder's Court in Hillsborough., being appointed when said Court was created in 1947; and WHEREAS, he served in said capacity continuously until 1963, and WHEREAS, he served also from 1933 until 1939 as Judge of the Chapel Hill Recorder's Court and again from 1964 until 1968 in the some capacity; and WHEREAS, he was elected a District court judge for the Fifteenth Judicial District and served in that capacity until his death; and WHEREAS, he served the people of Orange County as a public servant for many years and contributed generously and unselfishly, having served as a member of the General Assembly of North Carolina, as Chairman of the Orange County Democratic Executive Committee, and many other positions of public sertice; and by he was hold by his follow members of the BarwasSilluthe strateddinn19 which County Bar Association a silver bowl in recognition of his forth-four years of honesty and integrity; and WHEREAS, the said Luther James Phipps departed this life on October 1, 1969. NOW, THEREFORE, BE IT RESOLVED, That the Board of Commissioners of Orange County by this resolution does attempt to express its deep sense of loss and further its appreciation of Judge Phipps' many contributions to this community. BE IT FURTHER RESOLVED that this resolution be spread upon the minutes and that a copy thereof be transmitted to Mrs. Phipps, together with the Board's sympathy for her great JOS$.n BOOK 7 PAGE 236 There being no further business to come before the Board the meeting adjourned to meet again on Tuesday, October 14, 1969, at 7:30 P.M. at the Carrboro Town Hall. Carl M. Smith, Chairman S. 'M. Gattis, Acting Clerk MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS October 14, 1969 The Board of County Commissioners of Orange County met in joint session with the Town Boards of Carrboro, Chapel Hill and Hillsborough in the Carrboro Town Hall at 7:30 P.M. on Tuesday, October 14, 1969 in adjourned session. Members Present: Chairman Carl M. Smith, and Commissioners Harvey D. Bennett, William C. Ray, Henry S. Walker and Ira A. Ward. Members Absent: None _--fFisesent also were members of the Town Boards of Carrboro, Chapel Hill and r Hillsborough. The purpose of this meeting was to receive a report which had been compiled by the Research Triangle Regional Planning Commission. Said report was:entitled "County Water and Sewer Planning Report='. Pearson Stewart, Executive Director of the Planning Commission, reviewed the report. Discussion ensue= There being no further business to come before the Board the meeting was adjourned. Carl M. Smith, Chairman S. M. Gattis, Acting Clerk