HomeMy WebLinkAboutMinutes - 19870519i
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
-.. REGULAR MEETING
MAY 19, 1987
The orange County Board of Commissioners met in regular session on May
19, 1987 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel
Hill, North Carolina.
BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners
Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County
Managers William T. Laws and Albert Kittrell, Recreation and Parks
Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Planning
Director Marvin Collins, Tax Collector Johnny Horner, Agriculture
Extension Director William Mainous and Economic Development Director
Sylvia Price.
A. BOARD AND MANAGERS COMMENTS
Chair Marshall announced that action is needed by the Board to ratify
the Rencher Street Community Development Block Grant authorizing orange
County to file the Orange County Small Cities Community Development Block
Grant application. This will be added to the agenda.
B. AUDIENCE COMMENTS
1. MATTERS ON THE PRINTED AGENDA
Those persons who wish to speak will be recognized at the time
their particular item is discussed.
2. MATTERS NOT ON THE PRINTED AGENDA
None
C. MINUTES
Motion was made by Commissioner Carey seconded by Commissioner
Hartwell to approve the March 10, 1987 minutes as circulated.
VOTE: UNANIMOUS.
PUBLIC CHARGE
The Public Charge was read by Chair Marshall.
D. RESOLUTIONS AND PROCLAMATIONS
1_._ OWASA'S WATER OUALITY STUDY
Motion was made by Commissioner Hartwell, seconded by Commissioner
Carey to endorse the resolution as stated below:
A RESOLUTION ENDORSING ORANGE WATER AND SEWER AUTHORITY'S PROPOSED
WATER QUALITY STUDY OF UNIVERSITY LAKE AND CANE CREEK RESERVOIR
PUBLIC WATER SUPPLY WATERSHEDS AND RECOMMENDATIONS FOR
MAINTAINING DRINKING WATER QUALITY
WHEREAS, development activities and pressures within the University
Lake and Cane Creek Reservoir Public Water Supply Watersheds are
increasing; and
WHEREAS, increased development within these watersheds will result in
increased pollution of the drinking water supply, thereby presenting
increased threats to public health, safety and welfare; and
~L-~ WHEREAS, there is a need for a comprehensive water quality assessment
of University Lake and Cane Creek Water Supply Watersheds and recommen-
dations for maintaining the quality of local drinking water supplies; and
WHEREAS, as the organization responsible for treating and providing a
safe, reliable supply of drinking water withdrawn from University Lake, r-,
orange Water and Sewer Authority is the governmental unit most appropriate
to commission the study of the University Lake watershed. `~
NOW, THEREFORE, BE IT RESOLVED:
1. That the Board of Commissioners of Orange County hereby endorses
Orange Water and Sewer Authority's proposed study of the University Lake
and Cane Creek Reservoir Public Water Supply Watersheds.
2. That the study efforts should initially address the University
Lake Watershed as development pressures are more intense in that
watershed.
3. That the findings and recommendations of said study should be
carefully reviewed and considered in the development and further refine-
ment of local water supply protection programs by all appropriate local
.governing bodies having planning and zoning jurisdiction in these
watersheds.
VOTE: UNANIMOUS.
2. HEALTH AND MEDICAL CARE ADVISORY COUNCIL RESOLUTIONS
Ed Crowe, Chairman of the Health and Medical Care Advisory
Council, introduced the following resolution:
DISSEMINATION OF INFORMATION
ORANGE COUNTY HEALTH AND MEDICAL CARE ADVISORY COUNCIL
RESOLUTION
The Health and Medical Care Advisory Council recommends to the
Board of Commissioners that, through the County Health Department, the
Board should facilitate the development and/or distribution of public
service announcements on family life education, prevention of sexually-
transmitted diseases and teen pregnancy. We recommend further that the
Board of Commissioners give its support to the two county education boards
in their efforts to develop and improve a family life education curriculum
in the public schools of this county.
Crowe explained the rationale for this resolution by stating that
education received in the school is the best way to address the issues of
teen pregnancy and sexually-transmitted diseases.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Carey to approve the resolution as presented.
VOTE: UNANIMOUS.
Ed Crowe presented the following resolution:
" PROHIBITION OF SMOKING
RESOLUTION
The Health and Medical Care Advisory Council recommends to the
Board of Commissioners that smoking be prohibited in all county buildings
to protect the health and safety of county employees and other persons who
make use of these buildings.
Crowe gave statistics substantiating the resolution.
After a brief discussion it was decided that a survey should be
conducted of County employees to determine how many smoke and how many who
do smoke would be interested in a voluntary smoking cessation program-that
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the County would sponsor. Albert Kittrell was requested to conduct a
survey and report the results back to the Board.
3. FOSTER PARENT APPRECIATION MONTH
_ Chris Nutter, Chair of the Social Services Board, presented the
following proclamation on behalf of the Department of Social Services and
the Social Services Board:
PROCLAMATION
FOSTER PARENT APPRECIATION MONTH IN ORANGE COUNTY
WHEREAS, Foster Parents share their homes, family life, love and guidance
with neglected, abused and dependent children who have become the
placement responsibility of Orange County; and,
WHEREAS, Foster Parents volunteer their time as substitute parents on a
twenty-four hour basis to help children grow and mature in a
healthy home environment; and,
WHEREAS, Foster Parents are special people whose greatest reward comes
from the satisfaction of helping a youngster in a time of crisis,
from giving a child a better-change in life, and from watching
that child succeed and become a productive citizen; and,
WHEREAS, Orange County wishes to set aside a special month to recognize
the vital contributions of foster parents ~.n Orange County; and,
NOW THEREFORE, We, the Orange County Board of Commissioners proclaim May,
1987 as Foster Parent Appreciation Month,
AND, further do encourage all citizens to join us in .honoring our foster
parents.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Carey to approve the proclamation and authorize the Chair to sign on
behalf of the Board.
VOTE: UNANIMOUS.
4. LAW ENFORCEMENT TORCH RUN
Chair Marshall presented the following proclamation for approval
by the Board:
PROCLAMATION
WHEREAS, Special Olympics International is the world's largest sports
program for children and adults with mental retardation which
offers year-round training and competition in twenty-two
official sports to over one million special athletes in over
20,000 communities in the United States; and
WHEREAS, the first North Carolina Law Enforcement Torch Run in support
of the Special Olympics will begin May 20, 1987, in Charlotte
and finish at Fetzer Field at the University of North Carolina
at Chapel Hill on May 22, 1987, for the kickoff of the state
Special Olympics Summer Games; and
WHEREAS, Twenty Orange County citizens will participate in the Special
Olympics and
WHEREAS, members of the Orange County Sheriff's Department will carry
the lighted Special Olympics Torch through Orange County on
May 21, 1987, in support and recognition of the accomplish-
ments of the Special Olympians
NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISS70NERS, ORANGE COUNTY,
NORTH CAROLxNA, DO HEREBY PROCLAIM MAY 21, 1987, AS A DAY OF RECOGNITION
FOR
THE LAW ENFORCEMENT TORCH RUN
Motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to approve the Proclamation and authorize the Chair to sign on
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behalf of the Board.
VOTE: UNANIMOUS.
E. REPORTS
1. ENVIRONMENTAL AFFAIRS BOARD REPORT (A copy of the report is in ~'
the permanent agenda file in the Clerk's Office).
David Moreau, Chair of the Environmental Affairs Board presented
the report along with specific recommendations.
2. TAX SETTLEMENT PRELIMINARY REPORT
Tax Collector John T. Horner presented a report as required by GS
105-373 of the Lien Sale held May 6 and 7, 1987 and a last of persons
whose personal property taxes are unpaid as of May 6, 1987. This report
is attached to these minutes in the official minute book on pages ~ ~
Motion was made by Commissioner Halkiotis, seconded. by
Commissioner Willhoit to accept the report and enter the report in the
minutes.
VOTE: UNANIMOUS.
3. REPORT ON TOWN OF MEBANE PROPOSAL TO CHANGE THE EXTRATERRITORIAL
JURISDICTION
Planning Director Marvin Collins presented this report to inform
the Board of the Town of Mebane's proposal to change its extraterritorial
jurisdiction. The Town of Mebane has developed a proposed change in its
extraterritorial jurisdiction boundary that would redefine the
extraterritorial jurisdiction boundary to follow property lines. The
proposed change would affect 23 property owners. A11 or a portion of six
(6) parcels would shift from Orange County's jurisdiction to that of
Mebane, while all or a portion of 17 parcels would shift from Mebane's;-...,
jurisdiction to that of Orange County. The Town Council will be ;~
considering this change at their meeting scheduled for June 1. The orange,;,;
County Board of Commissioners must concur with and authorize the'''°
extraterritorial jurisdiction change before it can take effect in Orange
County. A public hearing will be required to receive citizen comment on
the proposal.
4. STATUS REPORT ON WATER AND SEWER POLICY DEVELOPMENT (A copy of
the report is in the permanent agenda file in the Clerk's office).
Marvin Collins presented a status report concerning a water and
sewer extension policy which applies to land use planning issues in Orange
County. The report included proposed policy statements on (1) water
supply, (2) delineation/protection of watersheds, (3) sewage
disposal/alternative systems, (4) delineation of water/sewer service
districts, and (5) evidence of service capability/capacity.
5. THOROUGHFARE PLAN FOR THE DURHAM CHAPEL HILL-CARRBORO URBAN AREA
(A copy of this plan is on file in the permanent agenda file in
the Clerk's .office)
Ed Johnson, Thoroughfare Planning Unit, N.C. Department of
Transportation presented the report for discussion and for receipt of
comments from the Board. He explained that a plan is being developed for
an area that has not previously had this level of study applied to it. The
plans for Chapel Hill, Carrboro, and Durham are based on a very elaborate
travel forecasting model that is predicated on the projections of land
use, housing and employment projections for the year 2,000 and year 2010
and serve as the basis for traffic projections. H~,llsborough's plan will
not be based on the same criteria but more of a common sense approach.
He stated that the study involving Durham, Chapel Hill and Raleigh
will be completed before the study involving the northern end of the
County because of the environmental sensitive areas and projections of
long-range transportation areas where it is clearly evident those needs
are there.
Chair Marshall stressed that the Board cannot consider the
Hillsborough's plan without the completion of the remainder of the plan
for the rest of the County.
6. LIVESTOCK MARKET REPORT (A copy of the report is in the permanent
agenda file in the Clerk's office).
Commissioner Halkiotis thanked the members of his committee for
their work and dedication in compiling the information for the report. He
briefly went over the recommendations, the proposal for funding the
project, and the estimated cost for the land, buildings and equipment
necessary to operate such a facility.
Dean Deter endorsed the report. He stated that the closing of the
livestock market and the farmer's market will have an adverse affect on
the farmers and the economics of the County. For the small farmer, the
lost of these two markets could be devastating. This new facility would
be a multipurpose building which will provide a place for other farm and
rural related enterprises to come together. The proposal has the support
of the Orange County. Cattlemen's Association, the Orange County
Agribusiness Council and the support of the Orange County FAA Alumni
Association and the informal support of every group he has contacted.
Bill Mainous, Agricultural Extension, praised Dr. Halkiotis for
his work on the committee. He introduced Karen McAdams of the
Agricultural Extension staff .who explained the feasibility study that was
done. She reiterated that the center would be a joint venture and that
the breakeven point is attainable.
Director of Recreation and Parks Mary Anne Black gave an overview
of attachment "D" in the report which listed program ideas for the
Agricultural/Rural Education Center.
Director of Economic Development Sylvia Price spoke about the
economic advantages that the facility would provide. She emphasized the
importance of maintaining the livestock function while introducing the
horticultural market to the County. It also enhances the quality of life
in every way for orange County. She endorsed the public/private method of
financing and operating the facility.
Motion was made by Chair Marshall, seconded by Commiss~,oner Carey
to forward the report to the Manager with a request that it be
incorporated into the budget process.
VOTE: UNANIMOUS.
7. EMOTIONALLY TROUBLED PRE-SCHOOLERS REPORT (A copy of the report
is in the permanent agenda file in the Clerk's Office).
Commissioner Willhoit spoke in support of this program and
introduced Dr. Jean Chapman. She described a three-year old emotionally
troubled preschooler and his affects on the other preschoolers at the day
care center. She explained the process by which the needs of these
children are identified by the committee. Eighty children have been
identified by 31 day care centers in the County as being emotionally
troubled. The first priority is consultation services -- observing
children in the centers, consulting with the teacher, coordinating teacher
and parent training with other community resources, recommending
intervention in the classroom to help problem behavior, helping to set up
developmental assessments, setting up counseling for the parents and
facilitating communications between parents and staff.
The recommendation is for one and one-half consultants with one
being apart--time coordinator with appropriate administrative support and
a backup counselor in psychology. This service would be housed in Orange
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Person Chatham Mental Health.
Motion was made by Commissioner
Hartwell to refer this request for funds
in the budget.
voTE: vNANIMOVS.
F. ITEMS FOR DECISION - CONSENT AGENDA
The County Manager recommends that the following action be taken by
the Board:
1. BUDGET AMENDMENTS
To approve the following amendments to the 1986-87 Budget
Ordinance:
GENERAL FUND
Appropriation-Social Services $ 10,500
Source-Income Maintenance AFDC-EA $ 10,500
Appropriation - Social Services $ 13,775
Source - Long Term Care - CHORE $ 13,775
Appropriation.- Social Services $ 19,000
Source - Income Maintenance - Medicaid $ 19,000
Appropriation - Social Services $ 14,507
Source - Subsidy - IV - E $ 14,507
Appropriation - Economic Development Commission $ 5,000
Source -Contingency $ 5,000
Appropriation - Transfer to County Capital $ 13,500
Reserve
Source -- Elections $ 13,500
COUNTY CAPITAL RESERVE FUND
'~ Appropriat~.on - Vote Tabulator Reserve $ 13,500
Source - Transfer from General Fund $ 13,500
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2. AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE GAUGE ON THE ENO
RIVER
To approve the maintenance agreement for construction and
maintenance of the gauge on the Eno River and authorize the Chair to sign.
3. RESOLUTION OF PARTICIPATION IN THE STATE'S LAND RECORDS MODERI-
ZATION GRANT PROGRAM
To adopt a resolution stated below indicating the desire of orange
County to participate in the State's Land Records Modernization grant
program for 1987 which qualifies the County to receive grant funds for the
remapping project and forward it to the State Land Records Office.
RESOLUTION
BE IT RESOLVED by the Orange County Board of Commissioners, that it
recognizes and appreciates the Land Records Management Program of the
State Department of Natural Resources and Community Development and its
assistance to counties through matching grants, and desires to participate
in the modernization program of land records for .the 1987-88 fiscal year.
It further agrees to abide by the agreements and contracts with the
program that are mutually adopted.
Carey, seconded by Commissioner
to the Manager for consideration
Motion was made by Commissioner Hartwell, seconded by Commissioner
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Carey to approve the forgoing action by the Board.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION - REGULAR AGENDA
1. HUNTERS' WOODS PRELIMINARY PLAN
Planner Greg 5zymik presented for consideration of approval the
Preliminary Plan for the division of lots 3 and 4 of Hunters' Woods. The
property is located in Bingham Township south of Orange Grove Road and
adjacent to Collins Creek. Three lots are proposed out of 20.06 acres.
The tract is zoned Residential-1 and is designated as Rural Residential on
the Land Use Plan. The Planning Board recommended approval subject to
four (4) conditions. The Manager concurs with the recommendation.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Iialkiotis to approve the Preliminary Plat for the division of lots 3 and 4
of Hunter's Woods subject to the four conditions listed below:
(1) Designation of a 50-foot stream buffer adjacent to Collins
Creek as required by Section IV-B-9-b of the Subdivision
Regulations.
(2) A clear delineation of the 100-year flood plain boundary as
the building setback line on the plat.
(3) Removal of the pre-existing cul-de-sac radius where lots 3A,
3B and 2A and tracts intersect to provide a uniform right-of-
way radius.
(4) Provision of a landscape plan demonstrating compliance with
Section IV-B-8, including location of existing trees, land use
__ buffers, and areas to be planted.
VOTE: UNANIMOUS.
2. PROPOSED JPA LAND USE PLAN TEXT AMENDMENT
Planning Director Marvin Collins stated that on March 10 a Joint
Planning hearing was held with the Town of Chapel. Hill to consider a
'='.~~ citizen petition to amend the text in the Joint Planning Land Use Plan.
The petition requested that the two acre minimum lot size standard that
was adopted as part of the plan and which is applicable in the designated
Rural Suffer be reduced back to one acre.
On April 13, the Chapel Hill Town Council passed a resolution
which stated (1) that a density of one dwelling unit per two acres of land
is appropriate for the Rural Buffer and (2) that the Orange County Board
of Commissioners not change zoning designations in the Rural Buffer.
On April 27, the orange County Planning Board recommended approval
of the citizen petition for a reduction in the Rural Suffer lot size from
two acres .back to one acre.
The Manager recommends: (1) Board action at this time inasmuch as
recommendations have been received from the other party to the Joint
Planning Agreement and the orange county Planning Board, and (2) retention
of the two acre minimum lot size standard in the Joint Planning Area Land
Use Plan as originally adopted October 13, 19$6 and made apart of the
Zoning Ordinance on January 5, 19$7.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Carey to approve the Manager's recommendation.
VOTE: UNANIMOUS.
3. OCTOBER WOODS: DIVISION OF TRACT #3 - PRELIMINARY PLAN
Greg Szymik presented for consideration of approval the
Preliminary Plan for October Woods -Division of Tract #3. The property
is located in Chapel Hill Township on the east side of Damascus Church
Road. Three lots are proposed out of 10.64 acres. The zoning designation
is Rural Buffer with an overlay district of University Lake Protected
Watershed. The Planning Board recommended approval subject to five
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conditions and the Manager concurs with this recommendation.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Carey to approve the Manager's recommendation with the attachment of five
conditions as listed below:
(1) Show existing structure(s) on the plat. -,~~
(2) Provide for dedication of recreation space (greenway)
equivalent to 3/20th of an acre of land (6.534 sq. ft.) and
located adjacent to Prices Creek. Further recommend that the
developer meet with the -Recreation and Parks Director to
discuss voluntary dedication of additional property adjacent
to Prices Creek for additional greenway.
(3) Show location of 100-year flood boundary adjacent to Prices
Creek and provide notation, "Use of land within a floodway or
floodway fringe is substantially restricted by the orange
County Flood Damage Prevention Ordinance."
(4) Calculate stream buffer as required by Article 6.23.1 of the
Zoning ordinance and show location of stream buffer boundary,
including the notation, "No building or structures are
permitted within the stream buffer as shown hereon, and the
stream buffer shall remain in its natural state as required by
the Orange County Zoning Ordinance.
(5) Provision of a landscape plan demonstrating compliance with
Section IV-B-8, including location of existing trees, land use
buffers, and areas to be planted.
VOTE: UNANIMOUS.
-4. WINTON PLACE - PRELIMINARY PLAN
Greg Szymik presented for consideration of approval the
Preliminary Plan for Winton Place. The property is located in
Hillsborough Township on the north side of Orange Grove Road. Nine (9)
lots are proposed out of approximately 40 acres. The zoning designation
is Rural Residential with an overlay district of Upper Eno Protected
Watershed. The Land Use Plan designation is Rural Residential and. Upper
Eno Water Supply Watershed. The Planning Board recommended approval with
three conditions. The Manager concurs with this recommendation.
Motion was made by Commissioner Carey, seconded by Commissioner
Hartwell to approve the Preliminary Plat for Winton Place subject to three
conditions:
(1) Indicate the adjoining property owners south of the subject
property (lot 9).
(2) Provide impervious surface data for each lot shown on the
plat.
{3) Provision of a landscape plan demonstrating compliance with
section Iv-B-8, including location of existing trees, land use
buffers, and areas to be planted.
VOTE: UNANIMOUS.
5. BLACKWOOD FOREST SUBDIVISION - PRELIMINARY PLAN
Greg Szymik presented for consideration of approval the
Preliminary Plan for- Blackwood Forest Subdivision. The property is
located in Chapel Hill Township on the north side of Mt. Sinai Road
approximately 1/4 mile east of N.C. 86. Thirteen (13) lots are proposed
out of 30.75 acres. The property is located in the Joint Planning Area
and is designated Rural Buffer on the Land Use Plan and Zoning Atlas. The
Planning Board recommended approval with six (6) conditions. The Manager
concurs with this recommendation.
In answer to a question from Commissioner Hartwell, Szymik stated
that the Subdivision meets the criteria for a public road since there are
more than ten lots.
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Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to approve the Manager's recommendation with six conditions:
__.. (1) Submission of payment-in-lieu in the amount of
(2) Provision of a landscape plan demonstrating
Section IV-B-8, -including location of existing
buffers, and areas to be planted.
(3) Label buffers "land use buffers".
$2,226.
compliance with
trees, land use
(4) Provide typical planting detail plans for Type D and Type B
buffers.
(5) Identify typical lot detail drawing as such.
(6) Revise note to read "Access to all lots is restricted to
Hathaway Lane".
VOTE: UNANIMOUS.
6. LLOYD SUBDIVISION - PRELIMrNARY PLAN
Greg Szymik presented for consideration of approval the
Preliminary Plan for the Lloyd Subdivision. The property is located south
of Greensboro Road and i.s divided by the Bingham/Chapel Hill Township
line. Nine lots are proposed out of 126.5. acres wa.th an average lot size
of 5.6 acres. The property is located in the Joint Planning Area and is
designated Rural Buffer on the Land Use Plan. The zoning designation is
Rural Buffer and PW-II Protected Watershed. The Planning Board
recommended approval of the subdivision subject to seven conditions. The
Manager recommends approval revising condition #2 and adding an eighth
condition.
Carl Lloyd, part owner of the subdivision, made reference to the
pedestrian greenway easement located adjacent to Neville Creek and
requested that the subdivision be approved as recommended by the Planning
Board.
Tony Whitaker, Philip Post and Assoca.ates, made comments about the
stream buffer and the recommendation for the pedestrian easement equal in
width to the stream buffer. He questioned the revised condition and asked
when it was added.
Marvin Collins explained the revised condition was the result of
an agenda review meeting with the County Manager and County Attorney. The
revised condition addressed one of the criteria for ..a private road and the
added condition addressed the condition concerning DOT standards but also
addressed the condition that there be some kind of restriction in the
covenants to preserve the open space character of the subdivision.
Motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to approve the Manager's recommendation with eight conditions:
(1) Calculate stream buffer as required by Article 6.23.1 of the
Zoning Ordinance and show location of stream buffer boundary
based on calculation, including the notation, "no building or
structures are permitted within the stream buffer as shown
hereon, and the stream buffer shall remain in its natural
state as required by the Orange County Zoning Ordinance."
(2) Provide pedestrian greenway easement located adjacent to
Neville Creek and equal in width to the required stream buffer
along Neville Creek. A maintenance agreement shall be
submitted and approved by the County Attorney which shall
provide for the dedication of the easement to an appropriate
governing body or public agency at the time the easement
becomes part of a public greenway system.
(3) Provide pedestrian access easement 30 feet in width, centered
on the property line dividing lot 7 and lot 8, and extending
from the cul-de-sac to Neville Creek.
(4) Provide road name for proposed Class A Private Road.
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(5) Provide a landscape plan demonstrating compliance with Section
IV-B-8, including location of existing trees, land use
buffers, and areas to be planted.
(6) Clear sight triangle on east side of proposed Class A Private
Road at its intersection with Old Greensboro Road. .,~-,~
(7) Provide 15-inch drainage pipe under proposed Class A Private
Road at its intersection with old Greensboro Road.
(8) Revise the proposed restrictive covenants to prevent further
subdivision of lots 1-9.
VOTE: UNANIMOUS.
7. ARCHIE M. GRAHAM JR: - PRELIMINARY PLAN
Greg Szymik presented for consideration of approval the Prelimi-
nary Plan for the property of Archie M. Graham, Jr. The property is
located in Cheeks Township on the east side of Efland-Cedar Grave Road.
one lot is proposed out of 3.7016 acres.' The zoning designation is Rural
Residential with the overlay district of Upper Eno Protected Watershed.
The Land Use Plan designation is Rural Residential and Upper Eno Water
Supply Watershed. The Planning Board recommended approval subject to the
applicant indicating the lot size excluding the right-of-way and the
provision of a landscape plan demonstrating compliance with Section IV-B-
8, including location of existing trees, land use buffers, and areas to be
planted. The Manager concurs with this recommendation.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to approve the Manager's recommendation.
VOTE: UNANIMOUS.
(CONTINUED ON PAGE 141)
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8. SAN-REBA WOODS ~ PRELIMINARY PLAN
Rick Prince, attorney for San-Reba Woods, indicated that the
problems as identified in a letter from Mike Brough have been worked out.
Greg Szymik presented for consideration of approval the Prelimi-
_- nary Plan for San-Reba Woods. The property fronts on Craig Road in Eno
Township and is split by the Orange-Durham County line. Thirty-five lots
are proposed out of 5o acres. The property is zoned A-R and designated
Agricultural Residential in the Land Use Plan. Durham County has given
approval of the lots located in that County. The Planning Board
recommended approval with five (5) conditions.
Rick Prance, in response to a request from Mike Brough, requested
that a sixth condition be added as a requirement for approval. Mike
Brough's office indicated agreement with this condition.
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Carey to approve the Preliminary Plan with the following six
conditions:
(].) Submittal and approval by the County Attorney of a
maintenance agreement for the recreation site and
facilities.
(2) Lots 3, 22, 34 and 35 must be combined with another lot or
be labeled as being of restricted development potential as
required by Section III-E-5-e of the Subdivision
Regulations.
(3) Roads must.be named.
(4) The phasing line between phases II & III must be moved to
include the pedestrian easement in phase II.
(5) Provision of a landscape plan demonstrating compliance with.
section IV-B-B, including location of existing trees, land
use buffers, and areas to be planted.
(6) Upon final approval of phase l that the road that runs
through phase 2 and phase 3 a~.so be approved. At the time
,,,,;;~ of recording of the final plat of phase 1, then that phase 1
~- plat should include dedication not only of the phase 1
streets but also dedication of phase 2 and phase 3 streets.
This is based on the further condition that it not be
necessary to build the phase 2 or phase 3 road or to post a
bond to guarantee the building of that road until the plat
that places a -.record of lots in phase 2 and phase 3 are
,actually recorded. The posting of the bond for phases 2 and
3 will be waived until the final plat is recorded.
VOTE: UNANIMOUS.
9. POLICY - APPLICATION OF AMENDMENTS TO SECTION IV-B- 8 OF
SUBDIVISION REGULATIONS
Greg Szymik presented .for consideration of approval a policy for
applying landscape requirements to subdivision applications that were in
process when the new standards went into effect. On March 24, the Board
of County Commissioners approved amendments to Section IV-B-8, Landscaping
and Buffer Requirements, of the Subdivision Regulations. Enforcement of
Section IV-B-8-c-1 was suspended by a moratorium passed by the
Cammissioners on December 1, 1986. This moratorium was no longer valid
when the amendments were adopted. The Planning Board recommended approval
of the fol~.owing policy and the Manager concurs with this recommendation:
(1) In the case of major subdivision, preliminary plan approval
was obtained between December 1, 1985 and March 24, 1987.
(2) Tn the case of minor subdivision, sketch plan approval was
obtained between December 1, 1986 and March 24, 1987.
The County Attorney recommended that the Ordinance amendments be
effective December 1, 1986, less the landscaping requirements, and that
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the moratorium be from December 1, 1986 to March 24, 1987.
After further discussion, this item was referred back to the
staff and the County Attorney for further review and recommendation.
10. RENEWAL APPLICATION FOR SPECIAL USE PERMIT - CHANDLER CONCRETE
County Manager Kenneth R. Thompson referred to the public hearing
set for Chandler Concrete on June 1, 1987 and presented three alternatives
for Board consideration. Mr. Chandler has requested additional time in
which to submit an application for a new special use permit.
Ms. Betsy Rhine stated it has been six months since the courts
decided that the use of .the land in question by Chandler Concrete is
illegal. She noted that Chandler has had ample time to withdraw his
business from the land or submit a revised application for the May hearing
and asked that a further delay not be granted.
Motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell to authorize the Manager through the Planning
Director to notify Chandler to submit an application for the next regular
quarterly public hearing in August and postpone authorizing the County
Attorney to begin legal proceedings unless the application is not received.
by the July deadline for items going to hearing in August.
VOTE: UNANIMOUS.
11. CABLE TELEVISION SYSTEM ORDINANCE PROPOSED AMENDMENTS
12. PROPOSED ALERT CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST
READING
13. PROPOSED CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST
READING
At the request of two cable companies and-by consensus of the Board,
the three cable teievision agenda items were postponed until the June 1,
1987 meeting.
14. OWASA PROPOSED LEGISLATION TO REPEAL G.S. 162A-7
resolution from OWASA is in the permanent agenda file
office) .
The OWASA has requested county support for
._~
(A copy of the -~~
in the Clerk's
adogtion of
legislation to repeal G.S. 162A-7 which requires that water and sewer
authorities receive the additional approval of the North Carolina
Environmental Management Commission prior to exercising the power of
eminent domain to obtain land.
Commissioner Carey stated his concern with appointed officials
exercising authority over the property of taxpayers. This kind of
authority should be lodged with elected officials who are accountable to
the citizens in the County.
Chair Marshall stated that eminent domain shauld be used very
sparingly and only by elected officials.
Everett Billingsley from OWASA stated that the statute. puts an
extra burden on water and sewer authorities and the utilization of the
eminent domain powers that they already have. The process is laborious
and expensive and he endorsed the repeal of this General Statute.
Motion was made by Commissioner Carey, seconded by Chair Marshall
not to support the resolution as presented by the OWASA Board which would
repeal G.S. 162A-7.
VOTE: AYES, 4; NOES, 1 (Commissioner Willhoit).
15. PROPOSED RURAL BUFFER WORKSHOP
Chair Marshall referred to a workshop scheduled at the Institute
of Government for June 19 which will discuss rural buffer issues and
indicated the cost to the County would be one third of the $1,000 cost for
the workshop.
/ -.
Motion was made by Commissioner Hartwell, seconded by
Commissioner Carey to confirm County participation in the workshop.
VOTE: UNANIMOUS.
ADDED ITEM
~.~ RENCHER STREET
Motion was made by Commissioner Carey, seconded by Commissioner
Hartwell to ratify authorizing Orange County to file the Orange County
Small Cities CDBG application FY 1987, Rencher Street improvement area.
This authority includes all undertakings and assurances therein and
directs its Chair to sign the application and to act, unless some other
Orange County office is approved for this purpose by the Board and
approved by NRCD, in connection with the application and to provide such
additional information as may be required including all assurances and
certifications contained in the application.
VOTE: UNANIMOUS. _
H. APPOINTMENTS
No appointments were made.
I. EXECUTIVE SESSION - PROPERTY MATTER
Motion was made by Commissioner Hartwell, seconded by Commissioner
Carey to adjourn into executive session for discussion of a property
matter.
VOTE: UNANIMOUS.
Motion was made by Chair Marshall, seconded by Commissioner Willhoit
to adjourn back into regular session.
VOTE: UNANIMDUS.
J. ADJOURNMENT
' With no further business to come before the Board, Chair Marshall
adjourned the meeting. The next regular meeting will be held on June 1,
~~'~~ ].987 at 7:30 p.m. in the old Courtroom, Hillsborough, North Carolina..
Shirley E. Marshall, Chair
Beverly A. Blythe, Clerk
Page. r~~~,
To: Commissioners, County of Orange
From: John T. Horner, Tax Collector
Reference: Report of Tax Lien Sale
Date: May 6, 1987
As required by GS 105-373 attached is a report of the
Lien Sale held May 6 and 7, 1987 and a list of persons
whose personal property taxes are unpaid as of May b,
19$7.
The Tax Collector and all members of the staff have
made efforts to collect taxes charged to the Collector
for 1986. These same efforts will continue along with
more forcefull means as provided by statute.
T John T. Horner, Tax Collector of Orange County do
solemnly swear (or affrim) that the above statement is
true to the best of my ~
Sworn to and subscribed before me this (~ day of
~~ 19,~
~- ~ --~
otary Public
My commission expires 19~.
REPORT OF LIEN SALE
MAY 6, 1987
COUNTY..,,..,.
............................$ 304,455.90
CHAPEL HILL CITY..,
.......................$ 109,112.50
CARRBORO CITY.,,
..........................$ 28,665.98
HILLSBOROUGH CITY.,,
......................$ 5,764.30
FIRE..........
............................$ 14,800.13
CHAPEL HILL SCHOOL....
....................$ 49.484.60
TEL ~• PROPERTY SOLD '1v ORANGE Cp~yy 5-6-$7 $ 512 ,
283.41