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HomeMy WebLinkAboutMinutes - 19910603 • • Approved June 25, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 3, 1991 The Orange County Board of Commissioner met in Regular Session on Monday, June 3, 1991 at 7:30 p.m. in the courtroom of the Old County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Alice Gordon (arrived at 8:00) , Stephen Halkiotis, and Don Willhoit. BOARD MEMBER ABSENT: Verla Insko COUNTY ATTORNEY: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, County Extension Director Fletcher Barber, Commission for Women Director Hope Bethea, Clerk to the Board Beverly Blythe, Personnel Analyst Lana Chandra, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Public Works Director Wilbert McAdoo, Social Services Director Marti Pryor-Cook, Health Director Dan Reimer, Planner Eddie Kirk and County Engineer Paul Thames. NOTE: All background information on all agenda items is in the Permanent Agenda File in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Two additional appointments for the School Capital Needs Advisory Committee were added to item XI. BOARD COMMENTS Chairman Carey announced that a letter has been received from the N. C. Wildlife Resources Commission indicating they have approved including Orange County in the list of counties where shining lights on deer is prohibited. MANAGER COMMENTS John Link made reference to a newspaper article about reevaluation and property tax increases. He clarified that reevaluation does not necessarily mean any kind of general tax increase. Any increase in tax values of property is normally offset by a decrease in the property tax rate. John Link reported that on the Underwood zoning violation, Ms. Underwood has asked for a building permit to build an outdoor storage shed so that she can move the building materials which are in violation. He will provide an update to the Board on August 5. II. AUDIENCE COMMENTS 2 Chairman Carey announced that anyone who has indicated a desire to speak to any of the items on the printed agenda will be recognized at the appropriate time. III. ITEMS FOR DECISION - CONSENT AGENDA (Any item may be removed for separate consideration) Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve those items listed on the Consent Agenda as stated below: A. FOOD STAMP DIRECT MAIL ISSUANCE CONTRACT The Board approved and authorized the Chair to sign the Food Stamp Direct Mail Issuance Contract with Cost Containment, Inc. of Raleigh. This contract is effective as of July 1, 1991 and the cost per issuance is $ .55. B. CHILD SUPPORT ENFORCEMENT ATTORNEY CONTRACT The Board approved and authorized the Chair to sign a renewal contract with Coleman, Bernholz, et al, for legal representation for the Child Support Office. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. RESOLUTIONS OF APPRECIATION FOR SERVING ON THE COMMISSION FOR WOMEN Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the resolution as stated below for each of the three being recognized, Ann Loeb, Miriam Saxon and Ann McPherson. RESOLUTION OF APPRECIATION WHEREAS, Ann McPherson, Ann Loeb and Miriam Saxon have served Orange County's Commission for Women in an exemplary manner by serving as Chair of the Commission and chairing numerous committees; and, WHEREAS, Ann McPherson, Ann Loeb and Miriam Saxon have given freely and generously of their time, talents and energy for the improvement of the quality of life for all women in Orange County; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, through its members Moses Carey, Jr. , Alice Gordon, Stephen Halkiotis, Verla Insko and Don willhoit; does express its sincere appreciation to Ann McPherson, Ann Loeb and Miriam Saxon for their efforts on behalf of the women of Orange County. VOTE: UNANIMOUS Chairman Carey read a prepared statement from Commissioner Verla Insko in which she expressed her grateful appreciation to the 3 three of them for their dedication and distinguished service to the orange County Commission for Women. V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. TO RECEIVE ADDITIONAL INFORMATION FROM THE COUNTY ATTORNEY AND BOARD ACTION (continued from the May 28, 1991 Public Hearing) 1. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOMES Planner Eddie Kirk summarized the proposed revisions to the existing Zoning Ordinance provisions applicable to large day care centers. County Attorney Geoffrey Gledhill explained his concern about the public notice. This would be a use permitted by right from a use that required a special use permit and there is a fundamental difference between these two. In deciding a use permitted by right, the Board has made a legislative determination that within that district all those uses are compatible and that the public health, safety and welfare is protected and is safe by allowing these uses within a district. In a special use context, there are health, safety and welfare issues that aren't resolved which would require a public hearing and a judicial process. The applicant presents evidence and findings of fact must be made. On the second question, the Zoning Ordinance assumes that a small daycare operation -- up to five children -- is a use compatible with residential uses and that there would not be any impact that makes the Board have to hear evidence on this question before permitting a small daycare in a residential area. However, if there are fifteen children and there are impacts and you have to meet special conditions, the first five kids can't be ignored and these impacts considered on an incremental basis. All the kids must be considered in deciding the impact. If these are allowed on private roads, the full impact of the large daycare home should be considered. Planning Director Marvin Collins explained the concept of the Special Use Permit and how the uses are determined by the impact the use has on the neighborhood. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to refer this item to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 5, 1991. VOTE: UNANIMOUS VII. REPORTS A. ENO RIVER CAPACITY USE WEIR CONSTRUCTION AND MONITORING GAGE MODIFICATION STATUS REPORT County Engineer Paul Thames presented for information only a report on the status of construction of flow monitoring and control weirs in the Eno River below the dams of each of the three Eno river reservoirs. He presented information on the modification of the flow recording instruments in the Hillsborough gaging station. He gave a progress report on the Eno River Capacity Use Agreement. 4 B. ECONOMIC DEVELOPMENT COMMISSION ACTIVITY STATUS REPORT The Board of County Commissioners was provided for information only a status report for the period July, 1990 through March, 1991. The report detailed accomplishments and future activities of the Economic Development Commission. C. AGRICULTURAL ADVISORY BOARD PROGRESS REPORT Planning Director Marvin Collins gave a report on the status of a Committee proposal for a Development Rights Program (PDR) . Two reports have been prepared by the Agricultural Advisory Board which were included in the agenda packet. The Agricultural Advisory Board would like for the County Commissioners to give them some direction on what they should do next with this proposal. The Commissioners suggested that the Agricultural Advisory Board meet with the Township Advisory Boards in each township to receive public reaction and comments to the plan. It will be important that the citizens understand this program because more than likely it will need to be funded with a special referendum. It could then be placed on the public hearing docket for August. The Commissioners agreed to enlarge the committee with representatives from the municipalities. At the same time, the goals can be defined. Commissioner Willhoit asked that the Manager put together some ideas for developing a charge for the expanded committee. He made reference to the special legislation obtained several years ago and stated that if there is sufficient interest, this is something the committee could work on which includes an ordinance. D. CLASSIFICATION STUDY - PHASE II REPORT Personnel Director Elaine Holmes gave a report for information only on Phase II of the Classification and Pay Study. This phase is now complete. It included a study of those positions in the Health and Social Services Departments and certain Phase I restudies. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to receive the report. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGULAR AGENDA A. ORANGE REGIONAL LANDFILL TIPPING FEES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the new landfill fee schedule as stated below: 1991-92 Orange Regional Landfill Tipping Fees Mixed solid waste $ 21/ton Construction waste $ 21/ton Ash from the U.N.C. Power Plant $ 20/ton Asbestos $100/ton Pickup trucks or trailers $ 5/each Cars $ 3/each Tires $100 ton or $1/each VOTE: UNANIMOUS 5 B. PINEY MOUNTAIN, PHASE II - AMENDED The property is located on the northeast side of Mt. Sinai Road approximately one half mile west of the Orange/Durham County line. The tract is zoned Rural Buffer and designated as Rural Residential on the Joint Planning Area Land Use Plan. The second phase was approved in April, 1989. The applicant is requesting an amendment which involves relocating one lot and adding additional area for nitrification field. Lot 45 will be relocated from its current position south of lot 44 about 500 feet southwest to the west side of lot 46. Motion was made by Commissioner Halkiotis, seconded by Chair Carey to approve the amendment to the Preliminary Plat of Phase Two of Piney Mountain Subdivision subject to the conditions contained in the resolution attached to these minutes on pages VOTE: UNANIMOUS C. GARDEN VIEW - PRELIMINARY PLAN This property is located in Bingham Township on the south side of Dairyland Road approximately 800 feet west of the intersection with Dodsons Crossroads. The property is zoned Residential-1; the Land use Element of the Comprehensive Plan designates it as Rural Residential. The total acreage of the tract is 4.063 acres. Four 1-acre lots are proposed. The Planning Board recommended approval on May 20, 1991, with a public road built to State standards, and according to the Resolution of Approval included in the attachments. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the Preliminary Plan for Garden View Subdivision with a public road built to Sate standards and subject to the conditions contained in the resolution attached to these minutes on pages VOTE: UNANIMOUS D. HABITAT FOR HUMANITY - LETTER OF CREDIT RELEASE Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the Planning and Inspections Department to release the letter of credit submitted by Habitat for Humanity in the amount of $55,410 at the time the County obtains CDBG funding from the North Carolina Department of Economic and Community Development in the amount of $175, 000. VOTE: UNANIMOUS E. CONTRACT APPROVAL - INDEPENDENCE DAY CELEBRATION F. CONTRACT APPROVAL - SOUTHERN INTERNATIONAL FIREWORKS, INC. G. FIREWORKS PERMIT - INDEPENDENCE DAY CELEBRATION These three items were postponed and will be considered at the June 25th meeting of the County Commissioners. IX. BOARD COMMENTS - listed above on page 1 X. COUNTY MANAGER'S REPORT - listed above on page 1 XI. APPOINTMENTS TRANSPORTATION BOARD 6 Postponed for additional information. BOARD OF HEALTH Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint William Beel, Cleon Currie, Richard J. Marinshaw and Fred Battle to the Board of Health. VOTE: UNANIMOUS SCHOOL CAPITAL NEEDS ADVISORY COMMITTEE Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint the following people to the School Capital Needs Advisory Committee: Ralph Warren, Chair, Orange County school Board Mary Bobbitt-Cooke, Member, Orange County School Board Sue Baker, Chair, Chapel Hill/Carrboro School Board Charles Foskey, Member, Chapel Hill/Carrboro School Board Gerry House, Superintendent, Chapel Hill/Carrboro Andrew Overstreet, Superintendent, Orange County Schools David Taylor, CH/Carrboro Chamber of Commerce Guido DeMaere, EDC Trinia Holman, Chair, NC. Assoc. of Educators Linda Haac, President, CH/Carr PTA Council Lee Black, Member, Chapel Hill/Carrboro PTA Council Judy Jones, President, CH/C NC Assoc. of Educators Shannon Pace, Member, CH/C American Federation of Teachers Lionel Wells, Member, PTO Organization Barbara Palmer, Hillsborough Chamber of Commerce VOTE: UNANIMOUS The Board indicated they would appoint the citizens members of this Board at their next regular meeting scheduled for June 25. Also, a Commissioner Co-Chair will be appointed. XII. MINUTES - NONE XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to consider, Chairman Carey adjourned the meeting at 10:05 p.m. The next regular meeting will be held on Tuesday, June 25, 1991 at the Franklin Street Post Office District Courtroom in Chapel Hill, NC. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 1 488 RESOLUTION 4111 OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: June 3, 1991 Name of Subdivision: Piney Mountain - Phase Two Amended Owner/Applicant: Mark O'Neal for Piney Mountain, a NC General Partnership The Board of County Commissioners hereby approves the amendment to Phase Two of Piney Mountain Subdivision preliminary plat, dated March 18 , 1991 and containing 35 lots, subject to the fulfillment of requirements specified herein. The right-of-way for the stub-out of Twin Pines Lane shall be irrevocably dedicated to the general public. 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 the right-of-way for the stub-out of Twin Pines Lane. This acceptance by Orange County of the dedication to the general • public of the right-of-way for the stub-out of Twin Pines Lane 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 amendment to Phase Two of Piney Mountain can be recorded: A. Sewage Disposal 1. The community low pressure system for sewage disposal shall be approved by the State Division of Environmental Management. 2. Obtain approval of the monitoring well (s) from the State Division of Environmental Management. 3 . Lot Q is of restricted development potential because the lot is reserved for utility purposes. 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. 4. Submit an engineer' s estimate for the cost of construction of the sewage disposal system and monitoring well (s) . 1111 5. Revise the current letter of credit, or obtain an additional financial guarantee for 110% of the estimate for installation of the community low pressure sewage disposal system and - 489 monitoring well (s) . 6 . Submit deed for property to be transferred to North State • Utilities for review and approval by County Attorney. Include in the deed or in a separate document the greenway easement granted to the Piney Mountain Homeowners Association. B. Roads and Access '1. Label the stub-out "dedicated for public use" . 2 . The intent for future extension of Twin Pines Lane shall be indicated on the Final Plat by the words "Subject to Future Extension" . 3 . Driveway access only for lot 45 will be allowed within the stub-out of Twin Pines Lane dedicated to the public and accepted by Orange County. Orange County will provide an easement document for the purpose of granting access to lot 45 . The easement document shall be recorded with the approved Final Plat. 4 . At such time as the right-of-way for Twin Pines Lane is extended for further development, the entire road must be built to the standards of the NC Department of Transportation. • 5 . Provide a deed to Orange County for the stub-out at Twin Pines Lane. C. Land Use Buffers and Landscaping 1. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. Indicate a 30-foot drainage easement along the swale across the northern end of lot 45. If an Erosion Control Plan is required, locate any additional drainage easements shown on the plan. E. 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 1110 County Subdivision Regulations. 2 . The following easements shall be shown on the plat: 490 a. 50 ' community greenways across Lot Q; -and- b. 30 ' drainage easement across the northern end of lot 45. 4111 3 . A setback of 30 feet shall be maintained as measured from the edge of right-of-way of Twin Pines Lane. Side yards shall be a minimum of 10 feet, and rear yards a minimum of 10 feet except on exterior boundaries of the subdivision where the setback shall be 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. F. 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 on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3 . Acceptance of the public right-of-way dedication without • maintenance responsibility signed by the County Manager. 4 . 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. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of App}icantp Clerk/-o the : .ard L / / ie it02, /r.i Q/ I, �i5z�/ /v� .'� , accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. 4111 491 • RESOLUTION - OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date Tune 3, 1991 Name of Subdivision Garden View Owner/Applicant C K Properties The Board of County Commissioners hereby approves Garden View subdivision preliminary plat, dated February 20, 1991 and containing 4 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 Roy Road. This acceptance by Orange County of the dedication to the general public of Roy Road shall be without maintenance responsibility. The road shall be maintained by the applicants as well as the parties to the Road Maintenance Agreement recorded at Deed Book 596, Page 424, 424.1 until such time as it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of any phase of Garden View 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. 492 B. Roads and Access • • 1. Roy Road shall be upgraded 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 upgrading Roy Road 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 improvements have been inspected and approved by NCDOT. 2. Submit an erosion control plan for review and approval prior to any disturbance. 3. Lots 1-4 shall access onto Roy Road. All lots shall access onto the new subdivision roads. 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 g ^nin Department. :11111111•' S. The right-of-way along Dairyland Road must be cleared to meet NCDOT sight distance requirement. 6. Submit a document signed by the owner of Roy Road for the purpose of dedicating the right-of-way for public use. 7. The owner of Roy Road shall also sign a certification included in the Declaration of Restrictions stating that the right-of-way is dedicated to the public. • • 493 C. Land Use Buffers and Landscaping • 1. Revise the landscape plan to provide eight (8) trees within the side/rear setback of Lot 1. 2. 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. 3. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. • 4. A Type A Land Use Buffer shall be provided along Dairy land Road. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e of the Subdivision Regulations. Said buffer shall be so 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. Parkland 1. Cash in the amount of $566.00 (4/35 acre x $4959/acres) shall be paid to Orange County as payment in lieu of parkland dedication.- E. 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. A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Roy Road. 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. - 494 F. 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 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 each lot contains a s-,.iirbie area ff.,r cep tic disposal. 4. The North Carolina Department of Transportation shall certify that Roy Road 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. C t,,,,),,,,/-1?-e-,' - Ill li /�1 C%�+ci=-/�gv/1N,,, ice+ . _ IFAIIP-,..- ;<,..._, %igfature of� AA licant Clerk t• he Board 417)-e-eti,) I. 1,4 `U,,,�/ �,�,�,., accept the above listed conditions of subdivision approval, andn6a-ledg ' mat each must be met prior to recordation of the final plat. �r` III