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HomeMy WebLinkAboutMinutes - 19910401IF APPROVED MAY 21, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 1, 1991 The Orange County Board of Commissioners met in regular session on Monday, April 1, 1991 at 5: 30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen H. Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Deputy Clerk Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing/Community Development Director Tara Fikes, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, and Budget Director Sally Kost. I. BOARD COMMENTS Commissioner Gordon made reference to the fireworks display discussed at the last meeting and asked that the advertisement include something about this event being part of Orange County's summer celebration. She also stated that she received a call expressing the concern of the Chapel Hill teachers about the state cuts in education and suggested that the schools may want the County Commissioners to endorse a resolution of support for not making these cuts. II. COUNTY MANAGER'S REPORT - NONE III. ADDITIONS OR CHANGES TO THE AGENDA Chairman Carey added under item XI Appointments, an appointment to the Private Industry Council. IV. AUDIENCE COMMENTS Chairman Carey stated that anyone who has indicated a desire to speak will be recognized at the appropriate time. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve those items on the Consent Agenda as listed below. Item C was removed from the Consent Agenda for separate consideration. A. TAX REFUND REQUESTS The following tax refunds were approved: NAME ACCOUNT # AMOUNT Dodson, Pauline S. 73750 $ 99.51 Garland Greenhouses 55204 3,988.33 Chatham-Newport, Ltd. 151436 2,540.70 Resendes, Jose 107293 300.62 ir 2 Eubanks, Anna Mae 13726 14.97 Hollis, C. Carroll 23173 73 .34 Throneburg, Thomas W. Jr. 159279 98.44 Reynolds, Pam Speight 144553 9.56 Pilipp, Frank H. 123842 12.43 Griffin, Dallas E. 144988 99.24 Jones, Thegn Patrick 83667 161.93 Belch, Jarvis Leon 70514 5.39 Johnson, Mary C. 103783 364.06 Gentry, Bobby L. 82033 70.95 Glasgow, Linwood 1431 39.67 Braddy, James H. 1085 11.39 Farrish, Marvin Jr. 71148 7.68 Trice, Vernon Ray 31988 236.53 Ringel, Mark S. 156087 60.70 Williams, Amanda D. 118681 90.06 Mitchell, Cheryl J. 89000803 (refund release) 100.00 Selfe, Michael V. 89001002 (refund release) 100. 00 Carden's Body & Paint 96468 131. 18 General Electric Capital 93676 191. 11 Weaver, Mark Douglas 97617 148.87 Rowan, Barbara Harris 155041 38.38 Holmes, Ruth E. 147025 137.98 Richards, Phyllis Mae 123889 161.59 B. PETITION FOR ADDITION - STURBRIDGE LANE IN CHAPEL HILL The Board approved a petition from NCDOT for approval of the addition of Sturbridge Lane in Chapel Hill Township to the State- maintained Secondary Road System. C. BOND SALE LEGAL PROCEEDINGS - moved to the end of the Consent Agenda. D. HOUSING REHABILITATION CONTRACT AWARDS The Board approved awarding two housing rehabilitation contracts for the Rencher Street Community Development Area. They are listed below: DWELLING UNIT BID AMOUNT CONTRACTOR #11 $ 1,989 Taylor Home Improvements #32 $ 9,497 Morrow Construction Co. VOTE: UNANIMOUS ITEM REMOVED FOR SEPARATE CONSIDERATION C. BOND SALE LEGAL PROCEEDINGS Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve The Board approved a resolution providing for the issuance of $7,845,000 School Bonds, Series 1991, and adopted the proceedings as provided by Bond Counsel related to the sale of County bonds. A copy of the resolution is made a part of these minutes by reference and is V 3 shown on pages VI. RESOLUTIONS/PROCLAMATIONS A. RESOLUTIONS OF APPRECIATION (HEALTH BOARD) Motion was made by Commissioner Insko, seconded by Commissioner Gordon to adopt the Resolution of Appreciation for Ruth Royster as stated below: WHEREAS, Ruth Royster on July 1, 1984, was appointed by the Orange County Board of Commissioners to the Board of Health, and WHEREAS, Ruth Royster has served more than two terms as a member of the Orange County's Board of Health in an exemplary manner, giving freely and unselfishly of her time, talents and boundless energy for the improvement of the County's health programs and facilities, and WHEREAS, Through her efforts Ruth Royster has earned the respect and esteem of all government officials of Orange County, and WHEREAS, Ruth Royster has determined that it is now time for her to channel her efforts toward a new career, and NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners through its members Moses Carey, Jr. , Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don willhoit does hereby express its sincere appreciation and gratitude to Ruth Royster for her efforts on behalf of the people of Orange County. BE IT FURTHER RESOLVED that this resolution be presented to Ruth Royster and a copy of said resolution be included in the minutes of this meeting of the Orange County Board of Commissioners this the 1st day of April, 1991. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to adopt the Resolution of Appreciation for Allen Rosman as stated below: WHEREAS, Allen Rosman on April 19, 1988, was appointed by the Orange County Board of Commissioners to the Board of Health, and WHEREAS, Allen Rosman has served approximately three years as a member of the Orange County's Board of Health in an exemplary manner, giving freely and unselfishly of his time, talents and boundless energy for the improvement of the County's health programs and facilities, and WHEREAS, Through his efforts Allen Rosman has earned the respect and esteem of all government officials of Orange County, and WHEREAS, Allen Rosman is now residing outside of Orange County, and NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners through its members Moses Carey, Jr. , Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don willhoit does hereby express its sincere appreciation and 4 gratitude to Allen Rosman for his efforts on behalf of the people of Orange County. BE IT FURTHER RESOLVED that this resolution be presented to Allen Rosman with best wishes in the years to come. A copy of said resolution be included in the minutes of this meeting of the Orange County Board of Commissioners this the 1st day of April, 1991. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to adopt the Resolution of Appreciation for Emil Chanlett as stated below: WHEREAS, Emil Chanlett on October 1, 1979, was appointed by the Orange County Board of Commissioners to the Board of Health, and WHEREAS, Emil Chanlett has served for eleven years as a member of the Orange County's Board of Health in an exemplary manner, giving freely and unselfishly of his time, talents and boundless energy for the improvement of the County's health programs and facilities, and WHEREAS, Through his efforts Emil Chanlett has earned the respect and esteem of all government officials of Orange County, and NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners through its members Moses Carey, Jr. , Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don willhoit does hereby express its sincere appreciation and gratitude to Emil Chanlett for his efforts on behalf of the people of Orange County. BE IT FURTHER RESOLVED that his resolution be presented to Emil Chanlett with best wishes in the years to come. A copy of said resolution shall be included in the minutes of this meeting of the Orange County Board of Commissioners this the 1st day of April, 1991. VOTE: UNANIMOUS B. COUNTY GOVERNMENT WEER Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to adopt the Proclamation for County Government Week as stated below and to endorse the planned activities. PROCLAMATION WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have urged citizens across the state to learn more about county government's role in our lives and to be more involved as county citizens and WHEREAS, Orange County government has served the citizens of the County since 1752 and we are responsible for a growing number of services which have direct impact on local citizens, and WHEREAS, The elected and appointed officials in county government 5 take great pride in serving the citizens of the County and in being directly involved in shaping the future; and WHEREAS, Citizens may learn more about community needs and resources through community outreach efforts provided by County officials. NOW THEREFORE, We the Board of Commissioners do hereby proclaim the week of April 7 through April 13, 1991, as Orange County Government Week, and further urge all citizens to become more familiar with county government. VOTE: UNANIMOUS C. COMMUNITY DEVELOPMENT WEEK Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to adopt and authorize the Chair to sign a resolution designating April 1 - 7, 1991 as Community Development Week as stated below: PROCLAMATION NATIONAL COMMUNITY DEVELOPMENT WEEK APRIL 1-7, 1991 WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; WHEREAS, community development block grant funds are used by thousands of neighborhood-based nonprofit organizations throughout the nation to address pressing neighborhood and human services needs; WHEREAS, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing and the massive rise in homelessness; WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; WHEREAS, the Congress of the United States has declared April 1-7, 1991 COMMUNITY DEVELOPMENT WEEK; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners proclaim April 1 - 7, 1991 COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. VOTE: UNANIMOUS r - 6 D. PROCLAMATION FOR PUBLIC HEALTH WEEK Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the proclamation proclaiming Public Health Week from April 14 - April 20, 1991 as stated below: PUBLIC HEALTH WEEK WHEREAS, Governor Martin has proclaimed the week of April 14 - April 20, 1991 as Public Health Week in North Carolina, and WHEREAS, The public health facilities in Orange County serve thousands of our citizens each year; and WHEREAS, Public health assures a cleaner, safer, more wholesome environment in which to live; and WHEREAS, Healthful living is the major prevention of the financial burdens of disease and chronic illness; and WHEREAS, Concerned, informed and active citizens will ensure a health future for Orange County; THEREFORE, We hereby proclaim April 14 - April 20, 1991 as PUBLIC HEALTH WEEK in Orange County. VOTE: UNANIMOUS E. RESOLUTION ENDORSING REVISIONS IN LEGISLATION FOR TRIANGLE TRANSIT AUTHORITY Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the resolution endorsing legislative proposals for funding regional public transportation as stated below: RESOLUTION ENDORSING LEGISLATIVE PROPOSALS FOR FUNDING REGIONAL PUBLIC TRANSPORTATION WHEREAS, the 1989 General Assembly enacted General Statute 160, Section 26, which permits certain counties to establish regional public transportation authorities; and, WHEREAS, the Counties of Durham, Orange, and Wake have jointly authorized the establishment of the Research Triangle Regional Transportation Authority on December 1, 1989; and, WHEREAS, the Secretary of State established the Research Triangle Regional Transportation Authority on December 1, 1989; and WHEREAS, the Research Triangle Regional Public Transportation Authority requires a source of local funds in order to operate the TRI-A-RIDE ridesharing program, establish a regional bus service; and plan for future transit services. NOW, THEREFORE, be it resolved by the Orange County Commissioners that Orange County supports the authorization by the General Assembly of a regional surtax on rental vehicles for regional public transportation. VOTE: UNANIMOUS F. PROCLAMATION FOR PREVENT A LITTER MONTH Motion was made by Chairman Carey, seconded by Commissioner Insko to approve and authorize the Chair to sign the proclamation for 7 Prevent a Litter Month as stated below: PROCLAMATION TO DESIGNATE APRIL IN ORANGE COUNTY AS PREVENT A LITTER MONTH WHEREAS, the irresponsibility of some dog and cat owners in allowing uncontrolled breeding of their pets has created a pet overpopulation problem in Orange County; and WHEREAS, the pet overpopulation problem results in the destruction of thousands of dogs and cats each year; and WHEREAS, the cruelties inflicted on pets result not only in lost animal lives, but also in lost resources spent in our community to shelter neglected and displaced pets; and WHEREAS, the pet overpopulation problem can be solved only by the active promotion of a pet owner responsibility program that includes spaying and neutering of pets, proper care and sheltering of pets, and compliance with animal control regulations; and WHEREAS, the people of Orange County should commit themselves to preventing the needless destruction of pets by practicing responsible pet ownership and by spaying and neutering pets as a means of combating the problem of pet overpopulation; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that April be designated as Orange County's "Prevent a Litter Month" as a statement of affirmation to prevent the needless suffering and destruction of our community's pets. VOTE: UNANIMOUS G. PROCLAMATION FOR EMPLOYEES IN SOCIAL SERVICES Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation proclaiming April, 1991 as Social Services Employees Appreciation Month as stated below: PROCLAMATION SOCIAL SERVICES EMPLOYEES APPRECIATION MONTH WHEREAS, Social Services Employees administer a wide range of service programs designed to provide Orange County citizens basic resources and social work services to maximize their well- being and self determination; and WHEREAS, Social Services Employees act on behalf of all citizens to prevent abuse, neglect, and exploitation of children and disabled adults, and when necessary, intervene to protect them; and WHEREAS, Social Services Employees are caring professionals who are committed to serving Orange County citizens in a compassionate, confidential manner; and WHEREAS, Orange County wishes to set aside a special month to recognize the vital contributions of Social Services Employees in Orange County; and 8 NOW, THEREFORE, We, the Orange County Board of Commissioners proclaim April, 1991 as "Social Services Employees Appreciation Month" in Orange County, and urge all citizens to join us in honoring our Social Services Employees. VOTE: UNANIMOUS VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS LEGISLATIVE AUTHORITY FOR PROPOSED ORANGE COUNTY CIVIL RIGHTS ORDINANCE This public hearing was held to obtain public comment on legislation which would give Orange County the authority to adopt a Human/Civil Rights Ordinance. The language of the Ordinance itself will be the subject of a public hearing once the local legislation is approved by the legislature. THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENTS: ANNIE MCCOMBS spoke in favor of the Human Rights Ordinance as submitted to the Board by the Human Rights Commission. She is concerned because about half of the protective classifications have been eliminated. She is in favor of the enabling legislation. She spoke about the hearings that were held by the HRC that prompted the writing of the Human Rights Ordinance. She emphasized the need for protection of all citizens. GWEN JONES spoke about the protected classes that were deleted from the original list of protected person. She asked that these be added to Exhibit I in the proposed ordinance. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to close this public hearing. VOTE: UNANIMOUS IX. REPORTS - NONE X. ITEMS FOR DECISION - REGULAR AGENDA A. APPROVAL OF FINAL DESIGN FOR THE GOVERNMENT SERVICES CENTER The Board reviewed and asked various questions about the final design for the Government Services Building to be built at the corner of Cameron Street and Margaret Lane in Hillsborough. John Link explained that the comments made by the public, by the Historic District Commission and by the County Departments that will be housed in this building have been considered in this final design. Discussion ensued on the placement of the dumpsters and the configuration of the walkways as well as other elements of the building. Motion was made by Commissioner Gordon, seconded by Chairman Carey to approve the final design for the Government Services Center as presented by the architects. 9 VOTE: UNANIMOUS B. 1991-1996 CAPITAL IMPROVEMENTS PLAN County Manager John Link gave an historical perspective of the current policies and explained why the CIP is adopted outside of the budget process. The Board discussed the CIP and made suggestions for improving the plan which will be incorporated in the Plan next year. Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to adopt the 1991-96 Capital Improvements Plan. VOTE: UNANIMOUS C. CRESCENT RIDGE - PRELIMINARY PLAN This property is located in western Chapel Hill Township on the north side of Dairyland Road between Albert Road and Rocky Ridge Road. The tract is zoned Rural Buffer with the southern two-thirds of the property in the University Lake Watershed. The Joint Planning Area Land Use Plan designation is Rural Residential. The total acreage of the tract is 63 acres. Nineteen (19) new lots are proposed to be served by a new public road and by individual wells and septic tanks. Motion was made by Chairman Carey, seconded by Commissioner Insko to approve the Preliminary Plan for Crescent Ridge Subdivision with a public road built to State standards, according to the resolution on pages attached to these minutes including the findings required by Section IV-B-8-g of the Subdivision Regulations. VOTE: UNANIMOUS D. BRITTANY CREEK - PRELIMINARY PLAN This property is located in the northeast corner of Bingham Township on the south side of Davis Road near the intersection of Orange Grove Road. The Land Use Plan designations are Rural Residential and Agricultural Residential. The total acreage of the tract is 30.65 acres. Nine (9) new residential lots are proposed which range in size from 2 acres to 5.54 acres. All lots will be served by a new public road and by individual wells and septic tanks. Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Preliminary Plan for Brittany Creek with a public road to be constructed to State standards, and subject to the conditions contained in the resolution on pages attached to these minutes. VOTE: UNANIMOUS E. ZONING ORDINANCE TEXT AMENDMENT - GOLF DRIVING AND PRACTICE RANGE This proposed Zoning Ordinance Text Amendment would add a new section addressing Golf Driving and Practice Ranges as Class B Special Uses in the Agricultural Residential and Rural Residential zones. This proposed amendment was presented for public hearing on February 25, 1991. The Planning Board recommended approval on March 18, 1991 with the stipulation that lighting not be allowed and the driving range would close at dusk. Motion was made by Commissioner Gordon, seconded by 10 Commissioner Willhoit to approve this amendment making it applicable only in Agricultural Residential. VOTE: UNANIMOUS F. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM The Board considered endorsing the proposed transportation system improvement requests from Orange County and the Towns of Chapel Hill, Carrboro and Hillsborough. The N.C. Board of Transportation adopts annually a multi-year Transportation Improvement Program (TIP) outlining needed transportation improvements and the method and schedule for funding such projects. The Board of Transpor-tation will conduct a series of meetings around the State to obtain advice from local officials and citizens on needed improvements. Commissioner Willhoit suggested adding to the request from Orange County or the City of Hillsborough's plan a request to provide stormwater Best Management Practices along I-40 and I-85 in the watershed III designation or higher. He also recommended that the County not endorse the widening of 15-501 from Morgan Creek to the County line until a southern connector between 15-501 and I-40 is provided in the CIP. Discussion ensued and Commissioner Gordon disagreed with the second suggestion stating that the connector needs to be in Chatham County instead of Orange County. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to add to the CIP a request to provide stormwater BMP's along I-40 and I-85 in the watershed III designation or higher. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Chairman Carey to not approve the widening of 15-501 from Morgan Creek to the County line until a southern connector between 15-501 and I-40 is provided. VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) G. PROPOSED HISTORIC PRESERVATION ORDINANCE This proposed ordinance would establish a Historic Preservation Commission for Orange County and include a mechanism for the identification and preservation of historic sites and structures. This item was presented at public hearing on February 25, 1991. At its March 18, 1991 meeting, the Planning Board recommended approval including proposed amendments to Sections 3.3 and 3.9 as recommended by Beth Thomas of the N.C. Department of Cultural Resources. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the proposed Historic Preservation Ordinance per the Planning Board recommendation. A copy of this ordinance is in the official Ordinance Book in the Office of the Clerk to the Board. VOTE: UNANIMOUS XI. APPOINTMENTS Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the appointment of James Colavito to the Private Industrial Council. His term of office shall be for two years. 11 VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the minutes for the Public Hearing on Proposed Legislation held January 31, 1991. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the minutes for the quarterly Public Hearing held February 25, 1991 VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to approve the minutes for the regular meeting held March 4, 1991 as corrected. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the minutes for the special meeting held March 5, 1991. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the minutes for the joint meeting with Chapel Hill held March 6, 1991 as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items for consideration by the Board, Chairman Carey adjourned the meeting at 8: 15 p.m. The next regular meeting will be held on April 16, 1991 at 7: 30 p.m. in the Franklin Street Post office District Courtroom in Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 427 A regular meeting of the Board of Commissioners for the 1111 County of Orange, North Carolina, was held at the Old County Courthouse, in Hillsborough, North Carolina, the regular place of meeting, on April 1, 1991, at 7: 30 P.M. Present: Chairman Moses Carey, Jr. , presiding, and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit Absent: Commissioner Stephen H. Halkiotis * * * Commissioner Verla I nsko introduced the following resolution, a copy of which had been provided to each Commis- • sioner and which was read by title: RESOLUTION PROVIDING FOR THE ISSUANCE OF $3 , 655 , 000 SCHOOL BONDS, SERIES 1991 BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners has determined and does hereby find and declare: . (a) That an order authorizing not exceeding $22 , 000, 000 School Bonds was adopted by the Board of Commis- sioners for the County of Orange on August 16, 1988 , which order was approved by the vote of a majority of the qualified voters of said County who voted thereon at a referendum duly called and held on November 8 , 1988 . • _ _ _ 428 4110 I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of said Board at a regular meeting held on April 1, 1991, the record having been made in Minute Book No. a of the minutes of said Board, beginning at page and ending at page , and is a true copy of so much of said minutes as relates in any way to the passage of resolutions providing for the 4110 issuance of bonds of said County. I DO HEREBY CERTIFY that a schedule of regular meetings of said Board in the form attached hereto has been on file in my office pursuant to C. S . §143-318 . 12 as of a date not less than seven days before said meeting. WITNESS my hand and the official seal of said County, this 2nd day of April 1991. .00" 44(... - GC enc. to the Board of Commissioners 4110 45 429 RESOLUTION OF THE 1111 ORANCE COUNTY BOARD OF COUNTY COMMISSIONERS • Date Anril 1., 1991 Name of Subdivision Crescent Ridge Owner/Applicant J. Kevin HucTcTins for Kenneth J. Lessler The Board of County Commissioners hereby approves Crescent Ridge subdivision Preliminary Plat, dated January 23 , 1991 and containing 19 lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of . Transportation. The approval of this_ resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Crescent Drive. This acceptance by Orange County of the dedication to the general public of Crescent Drive shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat • of any phase of Crescent Ridge can be recorded: A. Sewage Disposal 1. Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2 . Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to . be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1. Crescent Drive shall be constructed to standards of the North Carolina Department of Transportation, within a 50-foot right-of-way, and the construction shall be inspected and approved by NCDOT. 41/1 OR 430 2 A letter of credit, escrow agreement , or bond shall be submitted to secure construction of Crescent Drive to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Czrolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2 . Submit an erosion control plan for construction of the roads. A grading permit must be obtained prior to any land disturbance. 3 . All lots shall access onto the new subdivision road. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4 . Approved street name signs shall be erected at the intersection of streets' as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. 5. Access to lots 17 and 18 from Crescent Drive is restricted to a joint driveway contained within a 60-foot strip shown on the Preliminary Plat. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2 . A Type A Land Use Buffer shall be provided along the new right-of-way for Dairyland Road (SR 1113) . The buffer shall be 30 feet in width and contain vegetation together with a fence as required by the approved waiver from planting 431 3 requirements as per Section IV-B-S-g of the Subdivision Regulations . Said buffer shall be sc noted on the plat, and described in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. (ULW only) Impervious surface data, as pursuant to Article 6 . 25 . 4 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat . 2 . Indicate a 30 foot drainage easement along the springs in the southeast portion of lot 18 extending to the subdivision boundary. Revise cr locate additional drainage easements as required following review and approval of the Erosion Control Plan. E. Parkland 1. Cash in the amount of $1304 ($2403/acre x 19/35/acre) shall be paid to Orange County as payment in lieu of parkland dedication. F. Miscellaneous • 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2 . The following easements shall be shown on the plat: a. Joint driveway between lots 17 and 18 ; b. 30-foot drainage easements between lots 10 and 11; and c. 30-foot drainage easement on lot 18 . 3 . A setback of 40 feet shall be maintained as measured from the edge of rights-of-way of Dairyland Road and Crescent Drive. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. These setback requirements shall be stated on .the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4 . Approximate house and driveway locations shall be shown for lots where the buildable portion of the lot is within the ULW district. 1111 432 4 5. Impervious surface limits are as follows: 410 Lots 1, 2 , 3 , 15 , 16 , 17 , 18 , 19 - 9000 sq. ft. each. Lots 4 , 5 , 6 , 7 , 8 - 1825 sq. ft. for that portion of the lot in the ULW district. G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2 . A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be cn the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3 . The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4 . The North Carolina Department of Transportation shall certify that Crescent Drive has been constructed to State standards or that construction plans have been approved. 5 . A Certificate of Approval signed by the Orange County Planning and Inspections Department. 6. Acceptance of the public right-of-way dedication without maintenance responsibility signed by the County Manager. 7 . Certification by the County Manager that the required improvements have been installed and approved OR that an approved financial guarantee has been posted with the County to insure completion of all improvements within 12 months. /11Z ,K, AdOr /Signature of applicant Cleryto e Bbard I, T. i-W,c,1,.3c , accept the above listed conditions of subdivision approval, and acknowledge that each must be net prior to recordation of the final plat. • 433 1 RESOLUTION OF THE • ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date April 1, 1991 Name of Subdivision Brittany Creek Owner/Applicant Dr. and Mrs . W. Wayne Jordan The Board of County Commissioners hereby approves Brittany Creek subdivision Preliminary Plat, dated January 16 , 1991, revised February 1, 1991 and containing 10 lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transpertatic.i. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Remington Run. This acceptance by Orange County of the dedication to the general public of Remington Run shall be without maintenance responsibility. These roads shall be maintained by the owner until such time as they are accepted • for iaintenance by the Ncrth Carolina Department of Transportation or some other governmental body. Before the Final Plat of Brittany Creek can be recorded: A. Sewage Disposal 1 . Each residential lot (except lots 4 and 5 , see condition #3 ) • shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2 . Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of .septic systems is available from the Orange County Health Department, Division of Environmental Health. 3 . Septic easement(s) shall be provided for lot(s) 4 and 5 by lot 7 as indicated on the Preliminary Plat. The easements and their conditions shall be contained in the development restrictive covenants or other documents. A reference to such documents shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. -- - 434 2 4 . Provide a separate 20' septic line and access easement across lot 6 to lot 7 to connect lot 5 with its sewage disposal field. 5. Lot a is of restricted development potential because no site v/eas been identified to accommodate a septic tank. The restricted lot shall be identified in a document describing " development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. B. Roads and Access 1. Remington Run shall be constructed to standards of the North Carolina Department of Transportation, within a 50-foot right-of-way, and the construction shall be inspected and approved by NCDOT. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Remington Run to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2. Submit an erosion control plan for construction of the roads. A grading permit shall be obtained prior to any land disturbing activity. 3 . All lots shall access onto the new subdivision road. Access to lot 7 is restricted to the 70-foot portion of its frontage . on Remington Run labeled C-15 on the Plat. The driveway on lot 7 shall not enter either septic easement located on that lot. Access restrictions shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4 . Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. 5. The minor subdivision of Lot E shall include a sight easement 435 3 at the intersection of Remington Run and Davis Road as required by the NC Department of Transportation. 4111 C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. D. Drainage 1. Indicate a 30 foot (15 feet on each side) drainage easement along the breanch on the northeast portions of lots 7 , 8 , and 9 , and along the creek on lots 6, 7 , and 10. Revise and/or locate additional drainage easements as required following review and approval of the Erosion Control Plan. 1111 E. Parkland 1. The applicant shall dedicate to Orange County Lot 10, the 0. 77 acres of parkland, to be shown on the Final Plat(s) located on the southeast side of the intermittent stream including access 30 feet wide to Remington Run as shown on the Preliminary Plat. The approval of this resolution by the Board of Commissioners of Orange County authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally the parkland shown on the Final Plat(s) . This acceptance by Orange County of the dedication of the parkland be without maintenance responsibility. F. Miscellaneous 1 . The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2 . The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, 4 swamps, marshes, sites in "Inventory" , houses, barns, sheds, • railroads, overhead utility lines, cemeteries) a. intermittent stream on lots 10, 6, and 77g,°. 436 4 3 . The following easements shall be shown on the plat: 1111 a. S-4 sewage disposal easement on lot 7 . b. S-5 sewage disposal easement on lot 7 . c. 30-foot drainage easement on lots 6 , 7 , 8 , 9 , and 10 . d. 20-foot septic line easement from lot 5 across lots 6 & 10 to S-5 on lot 7 . e. 20-foot septic line easement from lot 4 across lots 5 , 6 , 10 and 7 to S-4 . 4 . A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Remington Run. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. The setbacks from the septic easements on lot 7 are also 20 feet. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5 . The minor subdivision of Lot E shall be approved and recorded prior to approval of Brittany Creek Final Plat. A copy of the recorded plat for Lot E shall be submitted to the Planning and Inspections Department. G. Certifications 1111 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2 . A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3 . The Department of Environmental Health shall certify that lot 7 contains easements for lots 4 and 5 of sufficient area for septic disposal and repair and that all other residential lots contain sufficient area for septic tank disposal and repair. 4 . The North Carolina Department of Transportation shall certify that Remington Run has been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. 1111 6. Acceptance of the public right-of-way dedication without maintenance responsibility signed by the County Manager. 7 . Certification by the County Manager that the required improvements have been installed and approved OR that an 437 5 approved financial guarantee has been posted with the County to insure completion of all improvements within 12 months. (2 t1)(1914(_._ -yam -,_. .e-�<_ /� �, l Signa, ure,/ f Applicant Cle 'to the Board I, 0/, ` eau- °w accept the above listed conditions of subdivisio app, oval, and acknowledge that each must be met prior to recordation of the final plat. 1111 • 410 F