HomeMy WebLinkAboutMinutes - 19900904 1
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 SEPTEMBER 4, 1990
7
8 The Orange County Board of Commissioners met in Regular Session
9 on Monday, September 4, 1990 at 7:30 p.m. in the Courtroom of the Old
10 Courthouse in Hillsborough, North Carolina.
11
12 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chairman
13 Stephen Halkiotis, Commissioners John Hartwell, Shirley E. Marshall and
14 Don Willhoit.
15 ATTORNEY PRESENT: Geoffrey Gledhill
16 STAFF PRESENT: County Manager John M. Link, Jr. , Assistant
17 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker,
18 Clerk to the Board Beverly Blythe, Planning Director Marvin Collins,
19 Director of Housing and Community Development Tara Fikes, Purchasing and
20 Central Services Director Pam Jones, Public Works Director Wilbert
21 McAdoo, Budget Administrator Rod Visser, and Planners Jim Hinkley, Mary
22 Scearbo and David Stancil.
23
24 NOTE: ALL ITEMS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT AGENDA
25 FILE IN THE CLERK'S OFFICE.
26
27 I. BOARD COMMENTS
28 Commissioner Willhoit announced that OWASA dedicated their new
29 building today. He indicated that they have a large meeting room which
30 will be available for use by other groups. Commissioner Willhoit asked
31 if the County was going to respond to the State's request to establish
32 a Physical Fitness Council. Chair Carey suggested that it be placed on
33 the next agenda for discussion.
34 Commissioner Halkiotis stated he has been asked to be the County
35 Commissioners' representative on the 23 member commission that will look
36 at sentencing laws in the State of North Carolina. He plans to
37 participate.
38
39 II. COUNTY MANAGER'S REPORT
40 John Link reported that the Postcensus report has been received.
41 It allows each local government fifteen working days to review the
42 preliminary figures and to submit documentation citing any discrepancies
43 of the preliminary findings. He asked that the Board authorize the
44 Planning Staff to research the census data to determine if there are any
45 discrepancies. The result of this research will be presented on
46 September 18 as .a report.
47 Motion was made by Commissioner Willhoit, seconded by
48 Commissioner Marshall to authorize the Planning Staff to review the
49 census data and authorize the Chair to sign whatever challenge there may
50 be to the postcensus report.
51 VOTE: UNANIMOUS
52
53
54 III. ADDITIONS OR CHANGES TO THE AGENDA
2
1 None
2
3
4 IV. AUDIENCE COMMENTS
5
6 A. MATTERS ON THE PRINTED AGENDA - none
7 B. MATTERS NOT ON THE PRINTED AGENDA - none
8
9 PUBLIC CHARGE
10 Chair Moses Carey, Jr. read the public charge.
11
12
13 V. ITEMS FOR DECISION - CONSENT AGENDA
14 Motion was made by Commissioner Marshall, seconded by
15 Commissioner Halkiotis to approve the items on the Consent Agenda as
16 listed below:
17
18 A. BUDGET ORDINANCE AMENDMENT #2
19 To amend the Classification and Pay Plan to include the
20 position of Athletic Coordinator at grade 62 , to authorize a permanent
21 Athletic Coordinator position for the Recreation and Parks Department,
22 effective 9/4/90 and to approve amendments to the 1990-91 Budget
23 Ordinance as listed below:
24 GENERAL FUND
25 Source - Miscellaneous $ (4,400)
26 Appropriations - Human Services 4,400
27 (To budget for Athletic Coordinator position for the Recreation
28 and Parks Department)
29
30 Source - Intergovernmental $ 25,850
31 Appropriation - Miscellaneous 25, 850
32 (To budget for VOCA grant funds for Orange County Rape Crisis
33 Center)
34
35
36 B. RENCHER STREET CDBG FINANCIAL STATUS UPDATE
37 This update covers the sixth quarter ending June 30, 1990.
38 To date expenditures total $429,901. Public Facilities Improvements are
39 80 percent complete. All water and sewer lines have been installed and
40 Rencher Street has been paved. Two houses are now completely renovated.
41
42
43 C. HOUSING REHABILITATION CONTRACT AWARDS
44 To award three housing rehabilitation contracts for the
45 Rencher Street Community Development Area as listed below:
46
47 DWELLING UNIT BID AMOUNT CONTRACTOR
48 13 $18, 683 Thames Construction Company
49 15 $ 6,285 Thames Construction Company
50 21 $24,700 Taylor Home Improvements
51
52 D. CONTRACT RENEWAL - JAIL MEDICAL
3
1 To approve a contract with Orange Family Medical Group, P.A.
2 through June 30, 1991 for a sum of $1, 000 per month; and authorize the
3 Chair to sign on behalf of the Board.
4
5 E. JAIL RENOVATION PROJECT - CHANGE ORDER APPROVAL
6 To approve Change Order EC-1 for a total of $33 , 189.50 which
7 reflects the work to be done to add surveillance equipment for the
8 exterior perimeter of the Jail compound.
9
10 F. INDUSTRIAL BOND APPROVAL FOR MEBANE PACKAGING
11 To approve the Resolution stated below approving-the issuance
12 of the Authority bonds for the Mebane Packaging Corporation Industrial
13 Revenue Bond:
14
15 RESOLUTION APPROVING THE ISSUANCE BY THE ORANGE COUNTY INDUSTRIAL
16 FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS
17 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MEBANE PACKAGING
18 CORPORATION PROJECT) SERIES 1990, IN THE AGGREGATE PRINCIPAL
19 AMOUNT OF $5, 200, 000 TO FINANCE AN INDUSTRIAL PROJECT FOR MEBANE
20 PACKAGING CORPORATION
21
22 BE IT RESOLVED by the Board of Commissioners for the County of
23 Orange:
24 Section 1. The board of Commissioners has determined and does
25 hereby declare as follows:
26
27 (a) The Board of Commissioners of the Orange County
28 Industrial Facilities and Pollution Control Financing Authority
29 (the "Authority") will meet on October 5, 1990, and will take the
30 following action in connection with the proposed issuance and
31 sale of the Authority's Industrial Development Revenue Bonds
32 (Mebane Packaging Corporation Project) Series 1990, in the
33 aggregate principal amount of $5, 200, 000 (hereinafter sometimes
34 called the "Bonds") :
35 (1) authorized the borrowing under and the issuance and
36 performance of the Authority's Industrial Development Revenue
37 Bonds (Mebane Packaging Corporation Project) Series 1990, in
38 the aggregate principal amount of $5, 200, 000 and direct the
39 execution and delivery of said Bonds;
40
41 (2) approve and authorize the execution, delivery and
42 performance of the Trust Indenture dated as of September 1,
43 1990 (the "Trust Indenture") , from the Authority to Branch
44 Banking & Trust Co. as Trustee (the "Trustee") providing for
45 the sale of the Bonds;
46
47 (3) approve and authorize the execution, delivery and
48 performance of the Loan Agreement, dated as of September 1,
49 1990, between the Authority and Mebane Packaging Corporation
50 (the "Company") with the form of the Company's promissory
51 Note dated as of September 1, 1990 (the "Note") attached as
52 Exhibit "A" thereto;
4
1
2 (4) approve the form of the Note and authorize the
3 endorsement thereof without recourse to the order of and the
4 pledge thereof to the Trustee;
5
6 (5) approve and authorize the execution, delivery and
7 performance of the Remarketing Agreement, dated as of
8 September 1, 1990, among the Authority, the Company and The
9 Bank of New York, as Remarketing Agent (the "Remarketing
10 Agent") ;
11
12 (6) approve and authorize the execution, delivery and
13 performance of the Placement Agreement, dated as of September
14 1, 1990, among the Authority, the Company, and First Union
15 National Bank of North Carolina (the "Bank") ;
16
17 (7) approve and authorize the execution, delivery and
18 performance of the Purchase Contract, dated as of September
19 1, 1990 among the Authority, the Company and the Bank;
20
21 (8) approve the form of each of the Letter of Credit
22 and Reimbursement Agreement (the "Reimbursement Agreement")
23 dated as of September 1, 1990, the Deed of Trust dated as of
24 September 1, 1990, the Tender Agency Agreement dated as of
25 September 1, 1990, the Pledge Agreement dated as of September
26 1, 1990, the Letter of Credit issued under the Reimbursement
27 Agreement and the section of the form of Private Placement
28 Memorandum describing the Authority;
29
30 (9) approve and authorize the execution, delivery and
31 performance of various other documents and instruments, dated
32 as of September 1, 1990 by the Authority in connection with
33 the issuance and sale of the Bonds;
34
35 (10) approve the forms of the various other documents
36 and instruments dated as of September 1, 1990 to be executed
37 and delivered in connection with the issuance and sale of the
38 Bonds;
39
40 (b) The Board of Commissioners for the County of Orange has
41 reviewed the action that will be taken by the Board of
42 Commissioners of the Authority in connection with the issuance
43 and sale of the Bonds and has made such other examination and
44 investigation as it deems necessary and relevant as the basis for
45 the approval set forth herein.
46
47 Section 2. Pursuant to and in satisfaction of the requirements
48 of Section 159C-4 (d) of the General Statutes of North Carolina, the
49 Board of Commissioners for the County of Orange hereby approves the
50 issuance by the Authority of the Authority's Industrial Development
51 Revenue Bonds (Mebane Packaging Corporation Project) Series 1990, in the
52 aggregate principal amount of $5,200, 000.
5
1
2 Section 3 . This resolution shall take effect immediately upon
3 its passage.
4
5 Commissioner Marshall moved the passage of the foregoing
6 resolution and the resolution was passed by a unanimous vote.
7
8 VOTE ON THE CONSENT AGENDA: UNANIMOUS
9
10
11 VI. RESOLUTIONS/PROCLAMATIONS
12 A. PROCLAMATION DESIGNATING SEPTEMBER 13, 1990 AS D.A.R.E. DAY
13 IN ORANGE COUNTY
14
15 Motion was made by Commissioner Halkiotis, seconded by
16 Commissioner Willhoit to proclaim September 13, 1990 as D.A.R.E. Day in
17 Orange County as stated below:
18
19 PROCLAMATION
20
21 WHEREAS, D.A.R.E. (Drug Abuse Resistance Education) is a
22 semester-long program that teaches young people ways to resist peer
23 pressure to experiment with drugs and alcohol;
24 WHEREAS, D.A.R.E. targets young people when they are most
25 vulnerable to tremendous peer pressure and teaches the skills to make
26 positive decisions and resist pressure to engage in negative behaviors;
27 WHEREAS, more than 100, 000 classrooms in 49 states as well as
28 schools in America, Samoa, Canada, Australia, and New Zealand conduct
29 the D.A.R.E. Program;
30 WHEREAS, over 20 million students have been reached through
31 D.A.R.E. ;
32 WHEREAS, the D.A.R.E. Program is taught by veteran police
33 officers and deputies with direct experience in cases involving criminal
34 activities and ruined lives caused by substance abuse;
35 WHEREAS, each police officer who teaches the D.A.R.E. Program
36 completes an 80 hour training course that included instruction in
37 teaching techniques, officer-school relationships, development of self-
38 esteem, child development, and communication skills;
39 WHEREAS, the D.A.R.E. curriculum developed by the Los Angeles
40 Police Department and the Unified School District, and adopted by our
41 State Department of Public Instruction and State Bureau of
42 Investigation, helps students understand self-image, recognize stress
43 and manage it without taking drugs, evaluate risk-taking, behavior,
44 resist gang pressure, apply decision making skills, and evaluate the
45 consequences of the choices available to them;
46 WHEREAS, the D.A.R.E. Program has achieved outstanding success
47 teaching positive and effective approaches to what is one of the most
48 difficult problems facing our young people today - drug abuse;
49 NOW, THEREFORE, BE IT PROCLAIMED by the Orange County Board of
50 Commissioners that September 13, 1990 is designated as "D.A.R.E. DAY" .
51
52 VOTE: UNANIMOUS
6
1
2
3 VII. SPECIAL PRESENTATIONS - none
4
5 VIII. PUBLIC HEARINGS - none
6
7 IX. REPORTS
8 A. AFFORDABLE HOUSING LOAN PROGRAM
9 Mr. William R. Rogerson, Vice-President of Wachovia, presented
10 information to the County Commissioners on Wachovia's Neighborhood
it Revitalization Program and Affordable Housing Mortgage Loans. He
12 discussed the main features of the program and the criteria and
13 qualifications for eligibility to participate in their loan program.
14
15
16 X. ITEMS FOR DECISION - REGULAR AGENDA
17 A. COUNTY-WIDE SCHOOL DISTRICT TAX
18 John Link reviewed the language that was on the ballot in the
19 March, 1976 special school referendum stating that the information on
20 the ballot for a county-wide tax would need to specify the purpose and
21 the rate authorized. He presented a proposed ballot which would state
22 the maximum rate as allowed by the State which is fifty cents per $100
23 of property valuation. The Board may specify from fifty cents down to
24 one cents to be levied. The purpose would be to "equalize educational
25 advantages within Orange County and the money derived from the tax would
26 be used to supplement the funds from State and County allotments and
27 thereby to operate the schools within Orange County at a higher
28 standard. " .
29 Discussion ensued on the language for the ballot but no
30 decision was made. This will be discussed further.
31 Chapel Hill-Carrboro School Board Member Mary Bushnell read
1 32 a prepared statement from Sue Baker, Chair of the School Board. In
33 summary, the Chapel Hill-Carrboro City Board of Education reached a
34 consensus that the purpose of the tax should be for expansion items in
35 their annual budget request. They suggested that the revenue be
36 distributed on the ADM formula. They will pledge the time necessary to
37 promote the referendum. She stated the Board also agreed that it might
38 be useful to keep the cap on the tax at a low figure. They support a
39 bond referendum in November, 1990.
40 Ralph Warren, Chair of the Orange County Board of Education,
41 read a prepared statement. He stated that it was the Board's general
42 feeling that a county-wide district tax should be enacted. Also, they
43 feel that revenue derived from such a district tax should be distributed
44 on the same ADM formula as other current expense funding. While most
45 of the Board generally supports the special district tax, the consensus
46 of the majority of the Board Members is that they do not support the
47 inclusion of this question on the November 6 ballot. They feel it might
48 be well to consider planning now for a referendum to be held in the
49 spring.
50 Commissioner Hartwell stated he supports going ahead with a
51 district-wide tax at this time because the citizens are aware that this
52 may be on the ballot. Those seeking office could express their opinion
7
1 on the tax and the media would expand on this topic.
2 Commissioner Marshall noted that the citizens desire to have
3 increased programming in the schools is something the Board should
4 respond to and she supports a November vote.
5 John Link stated that the last possible time to vote on a
6 referendum and have the tax included in the budget for 1991-92 would be
7 March.
8 Commissioner Halkiotis expressed concern about some of the
9 strategies that the politicians may use for winning in November. He
10 feels it may be better to wait until March and have a special election.
11 County School Board member Kay Singer expressed her concern
12 for holding the referendum in November. Among other things their school
13 system will be interviewing for a new superintendent which will take a
14 lot of their time. They are willing to work hard to promote a district-
15 wide tax in March.
16 Chairman Carey indicated that if the referendum is delayed,
17 a decision needs to be made within the next few weeks about the March
18 date. He previously favored putting it on in November but felt that to
19 some extent that might have an adverse effect on the outcome.
20 Commissioner Willhoit stated he is not opposed to the county-
21 wide district tax but he is opposed to the process. He feels that the
22 use for the money must be defined before the tax can be promoted and
23 explained to the people. He stated the possible outcomes of the
24 election and emphasized the need to be ready to respond to that outcome.
25 He questioned if this is an attempt to phase out the district tax over
26 time by shifting funds to a county-wide tax. He asked if the expansion
27 items in next years budget would become continuation items in the
28 following years budget. He feels there needs to be a determination on
29 how the tax will be managed and the purpose defined. After, these
30 questions are answered, he would approve a special referendum in the
31 spring or in November, 1991.
32 Commissioner Halkiotis emphasized the importance of having
33 the support of the teacher associations for both school systems.
34 Commissioner Marshall noted that the Board has been talking
35 for several years about multi-year budgets from the school boards,
36 particularly on expansion programs. If the County Commissioners and the
37 School Boards could agree on some management policies, it would help in
38 knowing what continuation money would be necessary for a three year
39 period.
40 Commissioner Willhoit stated he feels the question is how to
41 move forward with two school systems -- whether it is toward equal
42 County funding, equal total funding of State, Federal and County, or
43 whether it is toward merger.
44 It was the consensus of the Board to wait until the spring
45 to put the referendum on the ballot.
46 A motion was made by Commissioner Halkiotis, seconded by
47 Commissioner Marshall to work everything out within the next four or
48 five weeks to put the referendum before the people in early March.
49 VOTE: UNANIMOUS
50
51 NOTE: COMMISSIONER JOHN HARTWELL WAS EXCUSED FROM THE MEETING
52
8
1 B. BID AWARD - PHASES I & II - COURTHOUSE SOUARE PROJECT
2 The bids for the Courthouse Square Project, Phases I and II
3 were higher than anticipated. John Link recommended a modified plan
4 that would complete Phase I. Phase I would include the renovation of
5 King Street including the walkway leading to the front door of the
6 courthouse, the flagpole installation, the two curb ramps, strip
7 drainage and catch basins as detailed in the plans.
8 Motion was made by Commissioner Marshall, seconded by
9 Commissioner Willhoit to award the bid as negotiated to C. C. Woods
10 Construction Company for an amount not to exceed $50, 000; approve
11 contracts, contingent upon attorney and staff review; and authorize the
12 Chair to sign on behalf of the Board.
13 VOTE: UNANIMOUS
14
15
16 C. PROCEDURE FOR LOCAL TRAVEL EXPENSE REIMBURSEMENT
17 Chairman Moses Carey presented a revised procedure for local
18 travel expense reimbursement for members of the Board of County
19 Commissioners. He recommended compensation for local travel at $50.00
20 a month for the Commissioners and $75.00 a month for the Chair. This
21 revised procedure provides the Commissioners with a choice of taking a
22 set monthly amount for local travel or the actual amount as reported on
23 the regular travel reimbursement form.
24 Motion was made by Commissioner Marshall, seconded by
25 Commissioner Willhoit to approve this new procedure for local travel
26 expense reimbursement. This procedure will be listed in the County
27 Commissioners "Policy and Procedures" manual located in the Clerk's
28 Office.
29 VOTE: UNANIMOUS
30
31
32 D. ENVIRONMENTAL IMPACT ORDINANCE (NEW)
33 Planner Mary Scearbo explained that the Ordinance would
34 provide a special review process for projects or activities that are
35 deemed to have a potential environmental impact on the environment.
36 Projects which are subject to the Ordinance could require preparation
37 of an environmental assessment which would be a review by the Planning
38 Staff or the preparation of an environmental impact statement which
39 would involve public review and a presentation to the County
40 Commissioners during the public hearing process. The second item is a
41 series of amendments to the Subdivision Regulations and Zoning
42 Ordinance. These amendments incorporate review procedures that are
43 established in the Environmental Impact Ordinance and provide for the
44 protection of natural and cultural resources during the subdivision
45 review process. The act of subdividing land would not trigger the
46 preparation of an environmental assessment under the Environmental
47 Impact Ordinance itself. Planner Mary Scearbo briefly summarized the
48 Ordinance.
49 In answer to a question from Commissioner Willhoit, Scearbo
50 explained that if someone should appeal the review, it would be an
51 administrative appeal up to the Planning Director. There would also be
52 the option to appeal it through the court system. Commissioner Willhoit
9
1 asked that there be an appeal procedure that would involve the Planning
2 Director, the Manager and County Attorney. John Link indicated they
3 would set up such a procedure.
4 Commissioner Willhoit referred to Section 3 . 2.2 which refers
5 to hazardous materials and Mary Scearbo indicated this should be changed
6 to hazardous waste.
7
8 Motion was made by Commissioner Willhoit, seconded by
9 Commissioner Marshall to approve the Environmental Impact Ordinance as
10 amended. The Ordinance is hereby made a part of these minutes by
11 reference and is attached to these minutes on pages
12
13 VOTE: UNANIMOUS
14
15 E. FOUR BIRCHES - AMENDED PHASING PLAN
16 Planner Mary Scearbo presented an amended phasing plan for
17 Four Birches Subdivision. The preliminary plan was approved by the
18 Board of Commissioners on August 1, 1989. On July 25, 1990, the
19 applicant submitted an application for Final Plat approval. The
20 application was considered incomplete since the required improvements
21 had not been made and security was not provided for their completion.
22 On January 8, 1990, the Subdivision Regulations were amended to allow
23 revisions to the phasing plans of major subdivision. The applicant has
24 indicated that improvements will be completed by August 1, 1991.
25 Motion was made by Commissioner Marshall, seconded by
26 Commissioner Halkiotis to approve extending the deadline for receiving
27 approval of the Final Plat for Four Birches to December 1, 1990, and
28 that Section II-D-e-2 of the Subdivision Regulations be amended to add
29 that a phasing plan may be approved if the time available to complete
30 the construction of improvements is not extended.
31 VOTE: UNANIMOUS
32
33 F. MICHAEL CAMPBELL - PARTIAL WIDTH RIGHT-OF-WAY
34 Motion was made by Chair Carey, seconded by Commissioner '
35 Halkiotis to approve a partial width right-of-way of 30 feet from High
36 Rock Road to the northernmost property line of Lot 15H (approximately
37 550 feet in length) .
38 VOTE: UNANIMOUS
39
40 G. NOVEMBER 27, 1990 PUBLIC HEARING - ALTERNATIVE DATE
41 Motion was made by Commissioner Halkiotis, seconded by Chair
42 Carey to change the date for the Quarterly Public Hearing from November
43 27, 1990 to December 11, 1990.
44 VOTE: AYES, 3; NOES, Commissioner Willhoit.
45
46 XI. APPOINTMENTS
47 The following appointments were made to the AGRICULTURAL
48 DISTRICTS ADVISORY BOARD
49 Elizabeth Walters - Cedar Grove Township
50 Chris Hogan - Chapel Hill Township
51 Robert Nutter - Bingham Township
52 Pearson Stewart —Chapel Hill Township
10
i Robert Strayhorn - Chapel Hill Township
2
3 XII. MINUTES
4 Motion was made by Commissioner Marshall, seconded by
5 Commissioner Halkiotis to approve the August 21 - Special Meeting
6 minutes as amended.
7 VOTE: UNANIMOUS
8
9 Motion was made by Commissioner Marshall, seconded by
10 Commissioner Halkiotis to approve the Regular Meeting minutes for August
11 21, 1990 as circulated.
12 VOTE: UNANIMOUS
13
14
15 XIII. EXECUTIVE SESSION - none
16
17
18 XIV. ADJOURNMENT
19 With no further items to consider, Chairman Carey adjourned the
20 meeting. The next regular meeting will be held on September 18, 1990
21 in the Courtroom of the old Post Office in Chapel Hill, North Carolina.
22
23 Moses Carey,Jr. , Chair
24 Beverly A. Blythe, Clerk
25
1F3
7/2/90 5a
III
ENVIRONMENTAL IMPACT ORDINANCE
WHEREAS, the North Carolina General Assembly has authorized
the governing bodies of all cities, counties , and towns acting
individually, or collectively, to require any special-purpose unit of
government or private developer of a major development project to
submit detailed statements reflecting the environmental impact of such
projects (North Carolina Environmental Policy Act, N. C. Gen . Stat .
113A-1 et seg. , more specifically N. C. Gen. Stat . 113A-8 ) ; and
WHEREAS , the North Carolina Administrative Code contains
provisions interpreting the authority of local governments pursuant to
N.C. Gen. Stat. 113A-8, and the role of State Government with respect
to this authority (N. C.A.C . Title I , Ch. 25 , . 0100 et seg. ) ; and
WHEREAS , Section . 0802 (c ) of Title I , Chapter 25 of the North
Carolina Administrative Code specifically provides that " In processing
applications for state permits, state agencies shall consider any
information generated by the local government pursuant to" the Code ' s
provisions;
4111 NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners
of Orange County, North Carolina:
SECTION 1. PURPOSE
Pursuant to the North Carolina Environmental Policy Act the Orange
County Board of Commissioners adopts this ordinance establishing a
County policy to encourage the wise and productive use of the
county' s natural resources; to encourage a public and governmental
awareness of our environment and of the consequences of
development which affect it; to require that a full disclosure be
made as to the anticipated effect of proposed development on the
resources of the county; and to permit and facilitate full
enforcement of all ordinances and regulations concerning the
environment in an efficient, coordinated and comprehensive manner .
The intent of this ordinance is to provide a mechanism for full
disclosure of anticipated impacts of developments as herein
defined and to make such information publicly available so that
citizens of the county may have input into developmental issues
before they become moot. More specifically, it is the intent of
this ordinance to require the preparation and evaluation of
environmental impact documents for projects that either require
certain state permits, or require a local land use permit for
development within environmentally sensitive areas, as provided in
• Section 2 of this ordinance.
184
6
SECTION 2. APPLICABILITY
2 . 1 Exemptions
1111
The following projects are exempt from the provisions of this
ordinance, and no Environmental Documentation is required:
2 . 1. 1 Any project involving a total area of 2 acres or less .
2 . 1 .2 Routine repairs and housekeeping projects .
2 . 1.3 Routine grounds maintenance and landscaping.
2 . 1.4 Bonafide farming operations, not including sludge
disposal .
2 . 1.5 Single-family residential development, except for
Planned Developments
2. 1 . 6 Any project located outside of the Orange
County Planning Jurisdiction, including Transition
Areas subject to development regulations of anv Town
within Orange County.
2 .2 Environmental Assessment
The Environmental Assessment (EA) shall consist of a document
supplied by the Planning Department to address issues of
4111
environmental concern to the County, and completed by the
applicant . Environmental Assessment is required for non-
exempt projects that :
2 .2 . 1 *mac- cx-1ectcd t-e -generate or store -mere t42-an 220 pounds
(one 1§a--€ of a 55-gallon drum) per month of hazardous
westes, as defined in the-Cede of Federal l ,
part 244-, Subper----D; end/or-
Qualify as a small or large generator of hazardous
waste as defined by the North Carolina Department of
Human Resources (Hazardous Waste Branch of Solid
Waste Management Section) ; and/or
2 .2 .2 Involves as an integral part of the operation of a
commercial or industrial activity more than 10 , 000
gallons per day of water usage, exclusive of domestic
water (25 gpd per employee) , and water used for
climate control (air conditioning and heating) ; and/or
2.2.3 Require grading in excess of 40, 000 square feet,
exclusive of roads, for non-residential or attached
residential development; and/or
2 .2 .4 Require grading in excess of 40, 000 square feet,
4110
exclusive of roads , for non-residential components of
residential development (golf courses , recreation
facilities , and the like) ; and/or
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8 185
of Cultural, Historic, Recreational, Biological, &
Geological Significance in the Unincorporated
4111 Portions of Orange County" and the "Orange County
Inventory of Natural Areas " ; and/or
2 . 3 .5 Involves a land surface application wastewater
treatment system, within the Water Quality Critical
Area of Water Supply Watersheds as defined by the
Orange County Comprehensive Land Use Plan.
Orange County reserves the right to require preparation of an
EIS pursuant to Section 2 . 3 , notwithstanding a Finding of No
Significant Impact on the part of Federal or State agencies .
SECTION 3 . REVIEW OF ENVIRONMENTAL DOCUMENTS
3 . 1 Review of Environmental Assessment
3 . 1. 1 The Environmental Assessment may be submitted prior to
submittal of the development application to determine
if an Environmental Impact Statement may be required,
provided that:
a) all information necessary to perform the Assessment
is provided, and
b) the
]ro 'ect application, when submitted, is
P
consistent with the project described in the
Assessment.
3 . 1.2 The Planning Department shall review the EA for
completeness within 5 calendar days of the date of
submittal .
If the EA is found to be incomplete, it will be
returned to the applicant with notification of its
deficiencies .
3 . 1 .3 If accepted as complete, the EA will be reviewed by
the Planning Department and will be distributed to
other appropriate Departments or Agencies for their
review and comment.
3 . 1.4 Final Action on the EA shall occur within 14 days
from the date of acceptance, or such longer time as
agreed to in writing by the applicant. If the EA
reveals no "significant environmental impacts" , as
that term is defined in this ordinance, the Planning
Department shall issue a Finding of No Significant
Impact (FONSI ) .
If significant impacts are identified, then the
Planning Department shall issue a Finding of
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186
1 r)
3 . 2 . 3 Upon Completion of the advertised 15-day review
period, and upon receipt of comments from the State
Clearinghouse when applicable, all comments will be •
compiled and summarized by Planning Staff .
3 .2 .4 The EIS, along with all comments received during the
review period, shall be presented for public hearing
concurrently with the development project . If a
public hearing before the Board of Commissioners is
not required for approval of the development project,
then a special hearing may be scheduled. The hearing
shall take place no later than 30 days after the close
of the public review period or receipt of comments
from the State Clearinghouse, whichever is later.
3 .2 .5 The Board of Commissioners shall receive the EIS and
all comments as information only. The information
presented may be used only to determine compliance
with specific development standards established in the
Zoning Ordinance or Subdivision Regulations .
3 .2 .6 No action shall be taken on the development project
until after the EIS has been presented to the Board of
Commissioners .
SECTION 4. TECHNICAL REQUIREMENTS FOR AN EIS
4.1 Purpose
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The primary purpose of an EIS is to serve as a decision-
making tool to ensure that the purposes and policies defined
in the North Carolina Environmental Policy Act of 1971 (G. S .
113A) are given full consideration in the ongoing programs
and actions of state and local government. It should provide
a full and fair discussion of significant environmental
impacts and should inform decision-makers and the public of
the reasonable alternatives which would avoid or minimize
adverse impacts or enhance the quality of the environment.
4 .2 Requirements
Preparers should use a format for EIS ' s which will encourage
good analysis and clear presentation of all alternatives ,
including the proposed activity, while minimizing length and
complexity. These documents should not exceed 50 pages and
should include site location maps .
4.2 . 1 Format and Content:
(a) Cover Sheet. A single cover sheet including the
following information;
( 1 ) designation of the document as a draft, •
supplementary or final statement;
(2 ) title of the proposed activity that is the
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federal, state, and local plans ,
policies , and controls for the affected
• area .
( 6 ) list the names and qualifications of the
persons who were primarily responsible for
preparing the EIS .
( 7 ) If an appendix is included in an EIS, it
should meet the following requirements :
(a) consist of materials substantiating any
analysis fundamental to the principal
document, as distinct from material of
lesser significance that may accompany
the document or be incorporated by
reference;
(b) normally be analytic and relevant to the
decision to be made;
( c) shall not be counted in the EIS 50 page
limit; and
(d) be circulated with the EIS or be readily
available upon request.
OSECTION 5 . ENFORCEMENT.
5 . 1 Injunctions and Equitable Relief.
Pursuant to the provisions of N.C. Gen. Stat. 153A-123 (d) and
( 3) the County may seek an injunction or other appropriate
equitable remedy against any violation of this ordinance or
to require compliance with any provision of this ordinance.
5 .2 Effect on Other Permits and Actions .
Construction or installation of any major development project
shall not commence until subsequent to the filing of a
Finding of No Significant Impact or acceptance of the Final
EIS by the Orange County Board of Commissioners . The EIS
shall be presented to the Board of County Commissioners
pursuant to public hearing procedures established in Section
VII of the Orange County Subdivision Regulations, and Article
20 of the Orange County Zoning Ordinance.
SECTION 6 . DEFINITIONS
As used in this ordinance, unless the context indicates otherwise:
• ( 1) "EA" - an Environmental Assessment .
(2 ) "EIS" - an Environmental Impact Statement.
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( 16 ) "Water Quality Critical Area" - Land draining directly
to existing or future watersupply impoundments by
overland flow and interflow, called shorelands , and
draining into the main channels of trunk streams 410
emptying into the impoundments , called non-basin
drainage areas .
SECTION 7 . EFFECTIVE DATE.
This ordinance shall be in full force and effect upon and
after its adoption.
•
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lF
I . GENERAL SITE INFORMATION
• TO BE COMPLETED BY APPLICANT,
WITH ASSISTANCE FROM PLANNING DEPARTMENT AS NEEDED
A. Zoning and use of adjacent property.
North South
East West
B. Topography:
highest elevation
lowest elevation
general direction of slope
Estimate % of property with
0 - 5% slope
5 - 15% slope
15 - 25% slope
more than 25% slope
(Required only for the portion of the site associated with or
impacted by the proposed activity)
C. Drainage
Are there any streams or drainage easements located on the
property?
Is any of the site located within a :
Watersupply Watershed
Water Quality Critical Area
Floodplain
Describe
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1s
II. TO BE COMPLETED BY APPLICANT
A. PROJECT DESCRIPTION
1 . Describe proposed use of property
2 . Number of lots
3 . Number of structures
4 . Estimated square footage of area to be graded for
development of attached residential units (excluding roads, but
including parking areas )
5 . Estimated square footage of area to be graded for non-
residential use (excluding roads )
6 . Estimated area to be graded for roads
7 . Road Type: Public Private
Class A
Class B
Class C
Total road length
8 . Hours of operation for commercial or industrial use
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20
3 . Will the project involve a land application system for
• treatment of wastewater?
If yes , describe
Has an application for a non-discharge permit been submitted
to the NC Department of Environmental Management or Orange
County Department of Environmental Health?
Describe provisions for operation and maintenance of the
system.
4. Is a septic tank system proposed which has a design
capacity of more than 3000 gallons per day?
If yes, describe
Has an application for a non-discharge permit been submitted
to the NC Department of Environmental Management or Orange
County Department of Environmental Health?
Describe provisions for operation and maintenance of the
system.
5 . Does the activity involve sludge disposal?
If yes, where is the source of the sludge?
Describe where and how the sludge is being disposed.
Has a NPDES permit from the NC Division of Environmental
Management been issued?
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ATTACHMENT A
TO BE COMPLETED ONLY IF INVENTORY SITE(S) IS/ARE IDENTIFIED IN I .E
(ATTACH ADDITIONAL SHEETS IF NECESSARY) •
(1)a. Impact on Resource from Proposed Development
b. Proposed Mitigation
(2 )a. Impact on Resource from Proposed Development
b. Proposed Mitigation
(3)a. Impact on Resource from Proposed Development
b. Proposed Mitigation
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