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HomeMy WebLinkAboutMinutes - 19870818~. MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 18, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, August 18, 1987 at 7:30 p.m. in the Courtroom of the Old Post Office Building, 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: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Managers Audi Reynolds and Beverly Whitehead, EMS Director Bobby Baker, Director of Finance Gordon Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious, Planning Director Marvin Collins, Planner Emily Crudup, Housing and Community Director Tara Fikes, Tax Supervisor Kermit Lloyd, Director of the Department on Aging Jerry Passmore and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS Chair Marshall added two items to the agenda. They were item D-2 a proclamation to proclaim September as Constitutional Month in Orange County, and item G-12 a response to the Utilities Commission. Commissioner Willhoit announced that on Sept. 29 NACo will hold a public ~` hearing on welfare reform at the Guilford County Courthouse from 12:30 to 4:30. S. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak will be recognized at the time their item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA Mr. Allen Spalt read a statement to the Board of Commissioners on watershed protection. The statement is contained in the permanent agenda file in the Clerk's office. Mr. Spalt, on behalf of a group of Carrboro and Orange County citizens, requested the Board to take whatever action within their power and authority to protect University Lake by delaying the recently approved Amberly development. Commissioner Halkiotis asked that the County Attorney put together in writing what the County can legally do to delay the Amberly project or to keep anything from happening in that area until the study, as proposed by oWASA, can be completed. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to add an item to the Joint Public Hearing agenda for discussion of appeal procedures as it pertains to the Amberly project. VOTE: UNANIMOUS. Commissioner Willhoit asked that the County Attorney review the appeal ,.-:,-°y procedures for the Conditional Use Permit issued for the project and==°tv 1 inform the Board if there are any procedures for appealing the administrative "ecision made by the staff through the Environmental Management Commission. -e commented that the County's LUP does not permit the extension of water and `:ewer into the watershed except in emergencies. When this issue first came ~, the County contacted OWASA and encouraged them to adopt policies that _.~uld uphold the County's LUP, which is what they did. In June an intergovernmental group of eight elected officials did not agree on this particular project and it was decided that each governmental group would individually decide on protection of the watershed. C. MINUTES The minutes for May 4, 1987 will be corrected and presented at the next meeting for consideration of approval. PUBLIC CHARGE The Public Charge was read by Chair Shirley E. Marshall to the audience. PUBLIC HEARINGS 1. HOUSING DEMONSTRATION GRANT Tara Fikes .presented for receipt of public comments the proposed FY1987 Housing Demonstration Grant Application. She stated that this grant is a new funding category under the Sma11 Cities Community Development Black Grant Program sponsored by the North Carolina Department of Natural Resources and Community Development. It is designed to encourage and demonstrate innovative approaches to the housing problems of low and moderate income individuals. She outlined the project requirements that are necessary for eligibility. There is approximately $550,000 available for these projects fqr the entire state and it has been recommended that localities request ~.nds far projects costing between $100,000 - $150,000. September 11 is the 'eadline for receipt of applications. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. LIGHTNING BROWN , Chair of the Orange County Low/Moderate Income Task Force, spoke in support of the project and the benefits of maximizing the funding that goes into new housing developments or rehabilitation. He encouraged the County to work with local groups to multiply the effect of the money received from this grant. DAVID STANFORD President of the local Habitat for Humanity, encouraged the Commissioners to work with the local Habitat for Humanity group in providing safe, decent housing. He proposed using the grant money to provide housing for families with incomes between $8,000 and $18,000. PEGGY POLLiTZER , speaking for the Interfaith Council for Social Services, endorsed the proposal made by David Stanford for the Habitat for Humanity. JEFF LEVINE , endorsed the proposal made by the Habitat for Humanity. He works with the organization which encourages self-help with the housing projects . VERONIA WILLIAMS , recipient of a house built by the Habitat organization, indicated the program helps those who would not otherwise be able to own a ome. ITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. 2. MORTAR HILL ROAD AND TIMBERLY DRIVE PRELIMINARY ASSESSMENT RESOLUTION Planner Greg Szymik presented for receipt of public comment the ~\ (~a ~-i '~ Preliminary Assessment The project is listed improvements Program. eligibility to partici~ equal rate per foot of Resolution for as number one A petition was pate in the progr+ frontage for lot Moriah Hill Road and Timberly Drive. on the NCDOT 1986-87 Secondary Road presented which met the criteria for 3m. The basis for assessment is on an owners on these roads. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. JOAN T,AMORTE spoke about the method. of assessment. She indicated that the citizens on these two roads petitioned the Commissioners through the Planning Board to have the assessment done on an equal share basis among the twenty property owners. Of the twenty property owners, fourteen are totally committed to assessing by lot, while four are committed to it only if it can be done by equal shares. Everyone is in agreement of making an equal distribution of the cost because without the support of these four individuals, the petition would not meet the 75~ participation for paving. She spoke about the condition of the road and the problems associated with the dust problem. Attorney Geoffrey Gledhill stated that divided the cost equally is not legally acceptable. The cost can be divided equally by lot. SUSANNE GOREE questioned the method of assessment and was told the assessment is on per lot basis. CAROLYN LONG spoke in support of the assessment on a per lot basis. ANNETTE JURGELSIiY spoke in support of the assessment on a per lot basis. A representative of the Mt. Moriah Baptist Church noted that the Church was not contacted to sign a petition and the Church has no funds to participate in the paving program. Gledhill explained the procedure that is followed in obtaining a petition, circulating that petition and presenting it to the Planning Board. After the project is approved by the Board of Commissioners, a copy of the Preliminary Assessment Resolution is sent to each person who will be assessed. Another public hearing will be held for receipt of comments on the amount assessed. He explained that a majority must be in agreement for the project to go forward but that everyone had to pay. JOHN RTGDON , stated he understood the right-of-way was the only thing that needed to be decided by the property owners and asked if another right- of-way had to be signed. Gledhill explained that the previous right-of-way will need to be revised to include the extra footage necessary for a paved road under DOT's standards. Whenever DOT upgrades the road, they acquire the right- of-way from the property owners. WALTER LOEHR , stated that the process of obtaining signatures on the petition was started approximately two year ago and apologized that there was no direct contact with the Church. He talked with Reverend Weatherly who indicated no opposition to the project. COMMENTS FROM THE BOARD Commissioner Hartwell explained that this project is the last one under the old regulations. He encouraged the property .owners affected by this project to agree and move forward with the project as quickly as possible. Greg Szymik asked that the Board postpone the adoption of the Final Assessment Resolution for Moriah Hill Road and Timberly Drive until the September 8 meeting to allow staff the opportunity to contact a number of persons who have signed the petitions to verify the status of their position and to give staff time to evaluate the comments received at this public wring. ..' Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to continue the public hearing until September 8. VOTE: UNANIMOUS. AUDIENCE COMMENTS - MATTERS NOT ON THE PRINTED AGENDA Dr. Lunsford spoke to the issue of school bus driver salaries. He indicated it was his understanding that if the state did not fund an increase in the salary for school bus drivers that the Commissioners would reconsider this for County funding. The State did not fund this item and he emphasized that the problems still exist. He asked that the Board reconsider this item. Chair Marshall expressed an understanding of the problem .but stated that the tax rate has been adopted and there is no money available to make changes in the budget at this time. The process of waiting until the legislature has approved the State budget before final approval of the County budget will need to be reviewed for future budgets. Commissioner Hartwell stated he would like to find a way to allocate the money needed for this increase to each school system. Commissioner Halkiotis emphasized that a strong voice in the legislature is a must for issues like this to be heard and considered as a priority item. He offered to work with the two school superintendents in an effort to develop an effective lobbying process for those issues which are crucial to both school systems. Chair Marshall asked that Commissioner Halkiotis also include the twv ;~hool board chairs, the manager, and the finance officers in these iscussions. CERTIFICATE OF ACHIEVEMENT 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Chair Marshall presented the certificate to Finance Director Gordon Baker who in turn gave special recognition to his staff and the auditing firm which performs the county audit. The County has received this award for five. years. D. RESOLUTIONS OR PROCLAMATIONS 1. WOMEN' S„ E4UALITY, DAY Judy Eastman presented the following proclamation for approval. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the proclamation as printed below and to authorize the Chair to sign on behalf of the Board: WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, that amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state. on account of sex."; and WHEREAS, the power of the vote is the gateway to continued improve- ments in the status of women; and WHEREAS, the Orange County Commission for Women advises the citizens and Board of commissioners of orange County of the status of women in Orange County; and WHEREAS, that status remains unequal, especially economically and politically; and. WHEREAS, yet women make significant contributions economically, ~. , _.: _:.v '• 1 -- politically, and in myriad ways to Orange County. NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim Wednesday, August 26, 1987 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and;-~ political equality and do hereby urge all citizens to work to guarantee full equality for all women. _: VOTE: UNANIMOUSLY. 2. 1987 CONSTITUTIONAL MONTH Commissioner Hartwell presented the following proclamation for approval: 1987 CONSTITUTIONAL MONTH WHEREAS, the 17th day of September, 1987 marks the.20oth anniversary of the United States Constitution, and affords the citizens of Orange County the opportunity to join with all Americans in a celebration of citizenship. We salute the Constitution as one designed by its authors to be flexible in application and its affect as we advance in social conscience, service and our responsibility in the family of nations. NOW, THEREFORE, we hereby resolve and proclaim September, 1.987 CONSTITUTIONAL MONTH in Orange County, North Carolina. As heirs of a stable government, insuring the blessings of a free and responsible society, we urge all civic and service clubs, all schools and public officials, private and public organizations and citizens to publicity and privately demonstrate their appreciation of citizenship under our constitution. We further urge all citizens to rededicate themselves and their responsibilities to keep our constitution viable which is our best guarantee for life, liberty and the pursuit of happiness. RESOLVES AND PROCLAIMED by the Board of County Commissioners for Orange County, North Carolina this the 18th day of August, 1987. 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. F. ITEMS FOR DECISION -- CONSENT AGENDA The County Manager recommended the following action by the Board: 1. LEASE CONTRACT -ART CENTER IN CARRBORO To approve a lease with the Art Center, Inc. from September 1, 1987 through June 30, 1992 for use as a senior center for a monthly sum of $1,136.00 and to authorize the Chair to sign on behalf of the Board. 2. TAX REFUNDS RE UEST To approve the following refunds of tax bills in accordance with G.S. 105-381 C67: H. L. Underwood, Jr. Acct. # 32194 $ 321.79 Elston Seal, Jr. Acct. #713175 1.,477.35 David R. Gunnels, Acct. #716183 355.47 Madeline Patterson, Acct. #705545 1,097.57 Celeste M. Zdanski, Acct. #102447 10.00 Anthony and Nancy Clayton, Acct. #60611 96.96 James R. Bettman & Joan, Acct. #64302 195.02 Harold E. Hassenfelt, Acct. #102003 41,.28 Davis, Davis & Davis, Inc. Acct. #81751 75.91 -- 3~ BID AWARD FOR LAW ENFORCEMENT EQUIPMENT To award the bid for 14 radios and installation of all equipment to r .-~ _• Piedmont Communications fora sum of $24,925; to award the bid for 15 fu~x`y~ equipped visibars to National Police Supply fora sum of $9493.25; to award the bid for 15 tachographs to Nichols Speedometer for a sum of $12,075. Bids received are as follows: Tachographs Argo Instruments, Inc. $ 1,467.75 Nichols Speedometer $ 890.00 Radios T. D. Miller III $ 2,950.00 Motorola $ 1,995.00 Piedmont Communications $ 1,700.00 Visibars Lawman Safety Supply $ 653.00 T. D. Miller III $ 875.00 National Police Supply $ 632.89 4. CBA PROGRAM AGREEMENTS To authorize the Chair to sign Community Based Alternative program agreements that were previously approved by the Board. 5. TITLE III-B AGING SERVICES CONTRACT To approve the contract for Title III-B Older Americans Act funds with Triangle J Council of Governments effective July 1, 1987 through June 30, 1988 for federal/state funds in the amount of $106,395 and authorize the Chair to sign. 6. TRANSPORTATION DRIVER _PROVISION CONTRACTS WITH OPC MENTAL HEALTH ENTER AND ORANGE ENTERPRISES. INC. To approve the renewal of the driver provision agreements with oPC ..::'~ntal Health Center and Orange Enterprises, Inc. who will reimburse Orange County at $6.50 per hour for established work schedule with a contract to run from September 1, 1987 through June 30, 1988 and authorize the Chair to sign. 7. TRANSPORTATION VEHICLE PROVISION CONTRACT WITH ORANGE ENTERPRISES To approve the renewal of the vehicle provision agreement with orange Enterprises effective September 1, 1987 through June 30, 1988 and authorize the Chair to sign. 8. RENEWAL OF C.A.T. VEHICLE LEASE AGREEMENT WITH O.C.C.H.S. To approve the renewal of the lease agreement for one van with Orange Chatham Comprehensive Health Services (OCCHS) effective July 1, 1987 through June 30, 1988 and authorize the Chair to sign. 9. RENEWAL OF C.A.T. VEHICLE LEASE AGREEMENT WITH J.O.C.C.A To approve the renewal of the lease agreement for three C.A.T. Vehicles from Joint orange Chatham Community Action effective July 1, 1987 through June 30, 1988 and authorize the Chair to sign. 10. C.A.T. VEHICLEfDRIVER LEASE RATE SCHEDULE To increase the minibus leasing rate from .50 to .55 per mile and the driver rate from $5.00 to $7.00 per hour. 11. BUDGET AMENDMENT To approve a project ordinance to receive Section 8 Housing Voucher _unds for 1987 as follows: Appropriation -Housing Authority 1987 Section 8 Voucher Program in the amount of $83,076. Source - 1987 Section 8 Voucher Program in the amount of $83,076. -:; ,n'~ r.' ~:.:~ 12. FOREST SERVICE CONTRACT To renew the annual agreement between Orange County and the North Carolina Department of Natural Resources and Community Development for the provision of support by the N.c. Forest Service in Orange County and authorize the Chair to sign. 13. CABLE TELEVISION FRANCHISE TRANSFER - SECOND READING To adopt a resolution to approve. the transfer of a percentage of BT Cable, Inc., to TFBA Sub. Ltd. and authorize the Chair to sign. The resolution is stated below: A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE ACQUISITxON OF 50~ OF THE STOCK OF BT CABLE, INC. BY TFBA SUS. LTD. AND TO THE CONSOLIDATION OF INTERMEDIATE SUBSIDIARIES OF BT CABLE, INC. WHEREAS, ALERT CABLE TV OF NORTH CAROLINA, INC., an indirect wholly owned subsidiary of BT Cable, Inc., is a cable television franchise in the Orange County; and WHEREAS, BT Cable, Inc. is presently controlled 50~ by Taft Broadcasting Company and 50~ by the Robert M. Bass Group; and WHEREAS, after TFBA Limited Partnership acquires by merger Broadcasting Company, TFBA will sell Taft's BT Cable, Inc. stock to a formed partnership controlled by Bass, all as set forth in application dated June 19, 1987; and WHEREAS, subsequent to the foregoing transaction, desire to restructure its corporate organization by intermediate subsidiaries; and the Taft newly letter BT Cable, Inc. may consolidating its ~ ; WHEREAS, approval has been requested as to the foregoing transactions; NOW, THEREFORE., BE IT ORDAINED that the Orange County hereby grants its approval, as requested, to the acquisition of 50~ of the voting stock of BT Cable, Inc. by TFBA Sub. Ltd. and to the consolidation of BT Cable, Inc.'s intermediate subsidiaries, all as set forth in the letter application dated June 19, 1987. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 14. AMENDMENT TO THE PERSONNEL ORDINANCE Motion was made by Chair Marshall, seconded by Commissioner Hartwell to amend the Personnel ordinance, Article V, Section 3.0, to reflect the pay plan implementation policy which states: "Employee salaries shall be set at a step on the new salary schedule, within their assigned grade, that provides the closest step increase to 4.5%, with the minimum being 4.0~ and the maximum received being 5.6$." VOTE: UNANIMOUS. 15. SIGNING OF THE 1987-88 BUDGET ORDINANCE AND CAPITAL PROJECT The Board signed the 1987-88 Budget Ordinance and the Capital Project Ordinances. These are contained in the permanent agenda file located in the Clerk's office. G. ITEMS FOR DECISION - REGULAR AGENDA 1. STRATFORD GREEN - PRELIMINARY Planner Greg Szymik presented for consideration of approval the I . - , -, Preliminary Plan for Stratford Green Subdivision. The property is located`~n' Hillsborough Township on Orange High School Road. Eight lots are proposed out of 8.30 acres. A private Class B road is proposed to serve the .development. The property is zoned R-20 in the Town of Hillsborough's zoning arisdicta.on and designated ten-year transition in the orange County Land Use lan. The Planning Board recommended approval. The Manager recommends _,~proval with the condition that the proposed Victoria Drive is designated as a public road and constructed to NCDOT standards. Planning Board Chair Barry Jacobs referred to a letter from the County Attorney in which comments were made regarding private versus public roads. He asked that the Board, at their next meeting, directly address if they wish the Planning Board to look at the criteria in the standards for application procedures. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Manager's recommendation. VOTE: UNANIMOUS. 2. PINEY MOUNTAIN SUBDTV2SION (See permanent agenda file in the Clerk's office for courtesy review comments from Chapel Hill) Planner Emily Crudup presented for consideration of approval the Preliminary Plan for Piney Mountain. 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 Rural Residential on the Joint Planning Area Land Use Plan. A cluster subdivision is proposed out of a 128 acre tract with 59 lots in two phases. Each lot will be served by public roads and by common nitrification fields for septic tank disposal and maintained by North State Utilities, Inc. Crudup reviewed the courtesy review comments made by the Town of lapel Hill and the Orange County Planning Board recommendation with the ttachment of seven (7) conditions and three (3) additional conditions _,ecommended by the Planning Director which are listed below in the motion. Commissioner Hartwell questioned the ownership of the nitrification fields and Crudup stated it is her understanding that North State Utilities would own, maintain and operate the system just like any other utility with the rates regulated by the State. Dennis Osborne of Dennis J. Osborne & Associates, Raleigh, spoke about the ownership of the land and the nitrification field and explained that the land is considered as collateralized value asset. In answer to a question from Commissioner Halkiota,s, Crudup explained that signs prohibiting swimming resulted from a concern expressed by the Planning Board that affluent may drain into the pond from the nitrification fields. Mark o~Neal explained that they are trying to maintain the character of the area and that Mr. Osborne has indicated that there is a very small chance of any affluent getting into the pond.. Mr. Osborne assured the Board that in the nitrification fields the wells would be monitored. Chair Marshall spoke to the preservation of Duke Forest. She emphasized the effort put forth by other governmental entities to protect that area and the importance of the County showing good faith and recognition of what Duke University has requested of the County while at the same time not creating any threat to Duke Forest but to help protect the access into it. ~ Planning Director Marvin Collins noted that Duke is in the process of utting trees in this specific area and expressed concern about limited .ccess since there is a possibility that in the future the County could extend the greenway on the east side of Piney Creek which would be compatible with the area. After a brief discussion, it was decided that a policy statement .__ ,~. would be considered at the next meeting which would then be sent to Duke University to reassure them of the County's commitment to protect the access to the Duke Forest properties. Commissioner Willhoit asked about restrictive covenants to maintain _ the character of the area and it was decided and agreed to by the developer ~~' that these guidelines would be submitted with the final plat for approval by the Planning Board. _ Geoffrey Gledhill suggested that the Board direct the Planning Staff/Board to bring back to the Board Subdivision Ordinance amendments which would require restrictive covenants of subdivisions in the Rural Buffer which address the internal concept of the Rural Buffer. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Preliminary Plan with the attachment of 10 conditions listed below with the understanding that the restrictive covenants will be submitted with the final plat. The approval was amended to allow the Planning Board to correct #lo if it is different on the final plat. (1) Show the new right-of-way line for Mt. Sinai Road as a boundary line on the plat. (2) Show the Type B Buffer line 30' from the new right of- way line of Mt. Sinai Road (SR 1718). (3) In Phase Two, post a sign at the end of Twin Pines Lane cul-de-sac to indicate the intended future extension of that road. (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. (5) Improved recreation space must meet the requirements of section TV-B 7 of the Subdivision Regulations including off-street parking. (6) Provide a 50-foot right-of-way on Twin Pines Lane along the entire '.-. length to the boundary line. (7) Post signs to prohibit swimming in the existing pond. The Planning Director recommends the following two additional conditions to address concerns expressed by the Duke Forest Advisory Committee: (8) A copy of the July 28, 1987 memorandum from the Duke Forest Advisory Committee should be submitted to the developer and the NC Division of Environmental Management for use in greparation, review, and approval of the low pressure sewage disposal, system permit. (9) In order to clarify the purpose of land being dedicated to Orange county, the Final Plat should label the site "Land dedicated to Orange County for recreation and/or open space purposes." On July 28, after the Planning Board had recommended approval of the preliminary plan, the Planning Staff was advised by the project engineer of an error in the calculated total acreage of the tract. The correct total acreage of Piney Mountain is 128.022, not 128.56 acres. This decrease in calculated land area results in a one-lot reduction in the total number of lots permitted under Section IV-B-10-b of the Subdivision Regulations. Therefore, the Planning Director recommends the addition of the following condition of approval: (l0) The preliminary plan for Piney Mountain .Subdivision should be considered with the deletion of lot number 59 from Phase Two. VOTE : UNANIMOUS . 235 3. FAIRFIELD ESTATES, SUBDIVISION Planner Emily Crudup presented for consideration of approval the ;~~~•Qliminary Plan for Fairfield Estates. The property is located in the ~~rtheast portion of Cheeks Township, south of Hall's Mill Road and on both .;.des of Brookhollow Road. The tract is zoned A-R with an overlay district f Protected Watershed II. Eighteen (18) 5-acre lots are proposed in three sections out of 135.45 acres. The Planning Board and Manager recommends approval. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Manager's recommendaticn. VOTE: UNANIMOUS. 4. SADDLE CREEK SUBDIVISION Emily Crudup presented for consideration of approval the Preliminary Plan for Saddle Creek Subdivision. The property is located in Cheeks Township west of Mill Creek Road, south of High Rock Road. Nine lots which average 2.73 acres are proposed. The tract is zoned A-R and the Land Use Plan designation is the same. The Planning Board recommended approval with the attachment of two conditions. The Manager recommends approval per the Planning Board's recommendation with clarification of condition #2. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Manager's recommendation with the attachment of two conditions as listed below; (1) Revise the note which refers to the drainage easement. (2) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if ;~ any parcel served by the roads, including the residual parcel, is further subdivided,. and that Lee Street, including the pre-existing public portion, be maintained to Class A private road standards. VOTE: UNANIMOUS. 5. LOTS 18 AND 18A -- PHASE 2 -- LAKE WOODS SUBDIVISION Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Lots 18 and 18A Phase 2 Lake Woods. The property is located in Chapel Hill Township at the corner of Jones Ferry Road and .Lake Court. Two lots are proposed out of 5.02 acres. The Planning Board and the Manager recommends approval with two conditions. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to .approve the Manager's recommendation with the two conditions listed below: (1) Both lots must receive access from Lake Court. (2) Payment-in--lieu of dedicated open space in the amount of $474. VOTE: UNANIMOUS. 6. SALLY FEATHER SUBDIVISION Greg Szymik presented for consideration of approval the Preliminary Plan for Sally Feather. The property is located in Eno- Township on Lawrence Road. One lot 3.23 acres is proposed out of a 40.93 acre tract. It is zoned Rural Residential and designated Rural Residential in the Land Use Plan. The Planning Board and Manager recommends approval. ~a, Motion was made by Commissioner Hartwell, seconded by Commissioner -lkiotis to approve the Manager's recommendation. )TE: UNANIMOUS. 7. DURHAM-HILLSBOROUGH WATER LINE AGREEMENT Marvin Collins stated that the City of Durham and the City of 2~~ Hillsborough have adopted a waterline agreement to address the extension of a waterline along U.S. Highway 70 between the two communities. The agreement permits connections along its entire length. The current Land Use Plan has a recommended goal or policy that no connections would be permitted within the ~-~ areas that are designated Rural Residential. On July 14, the Orange county ~ ' Planning Board considered the proposed agreement and made several ; recommendations. They requested that the two parties be contacted to seek revisions to the agreement which would permit connections only in designated 10 and 20-year transition areas in accordance with the Land Use Plan or in situations where emergency services are needed. The second recommendation was that Orange County contact the City of Durham for the purpose of seeking revisions to ids Urban Growth Boundary which are consistent with the 10 and 20 year Transition Areas of the Orange county Land Use Plan. The third recommendation had to do with Section ll being revised to clearly define the limits for the transmission of water. from Hillsborough to Durham and that such limits be based in part on the limits for withdrawals from the Eno River. The Planning Board asked that if these recommendations could not be secured that several policies be approved at this time. These are listed below in the motion. Meetings have been held with the City of Durham and Hillsborough and they agreed to revise the agreement to be consistent with the Orange County Land Use Plan. On July 27, the Durham City Council addressed the County's concerns in the revised agreement which indicates that the City "will allow new development only in conformance with the adopted land use plan of Orange County". When the Town of Hillsborough acted on the agreement on August 10, it did not include a similar provision within the agreement. Tn the revised agreement, capacity has been defined to mean "the capacity of the Town of Hillsborough to supply water to the City of Durham from the Eno River in light of any applicable restrictions in effect at that time. These restrictions refer the withdrawal ordinances that the County or ~` the City may have adopted. Since the Hillsborough Town Council has chosen not to recognize the County's Land Use Plan, the staff is recommending that the two policy recommendations of the Planning Board be approved by the Board of Commissioners. Commissioner Hartwell asked that the phrase "established district" be clarified and Collins indicated that "established district" means the same as 10 and 20-year transition areas and the Land Use Plan recognizes that transition areas are Either consistent or to be consistent with water and sewer services. Motion was made by Chair Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation to adopt the following two policies: (1) That Orange County immediately establish as a matter of policy that it will not approve any development project to be supplied with water and/or sewer unless located in a water/sewer service district incorporated into the Land Use Plan and appropriate ordinances, following public hearing and citizen comment. (2) That, except in emergency situations, Orange County neither fund nor support extensions of public or private water/sewer services outside service areas adopted as part of the Land Use _ Plan. Furthermore, where county funds are used, in whole or ~ . in part, to finance extensions of such services, it shall retain some authority to determine the disposition of utility services provided. VOTE: UNANIMOUS. 8. PROPOSED WATER/SEWER POLICY Marvin Collins presented for consideration a proposed water and sewer policy for Orange County. The policy was prepared by the Natural Resources abcommittee of the Planning Board. The Planning Board made minor changes to ~ie policy. The Planning Board Chair has recommended that a public hearing held as soon as possible on the proposed policy to receive utility provider and citizen comments. Another purpose is to incorporate the proposed policy into the Land Use Plan. The Manager recommends that the Board receive the proposals as information and schedule a public hearing on the proposed water/sewer policy for September 15, 1987. Proposed revisions to the financial assistance policies can be presented to the .Board at its September 8, 1987 meeting. Motion etas made by Commissioner Willho~.t, seconded b Commissioner Carey to receive the report and that new copies be distributed before the next meeting. VOTE: UNANIMOUS. 9. WILDWOOD DRAINAGE PROBLEM Marvin Collins presented a status report concerning drainage problems associated with Wildwood Subdivision. He asked that one additional condition be added to the recommendation which is included in the motion as stated below. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey that the following action be taken as soon as the developer submits a letter agreeing to pay for the preparation of the plan and implementation of the recommendations. (1) approve the proposal submitted by Hazen and Sawyer and authorize the Chair to sign on behalf of the County, (2) authorize the Planning ~~partment to release lots 158 and 160-163 for building permit purposes but Withhold certificates of occupancy for the lots until the drainage study is ~mpleted and improvements are installed. VOTE: UNANIMOUS. Y0. ADDITION OF BRIGADOON DRIVE IN BRIGADOON SUBDIVISION TO THE STATE- MAINTAINED ROAD SYSTEM Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the petition from NCDOT for approval of the addition of Brigadoon Drive in Brigadoon Subdivision to the State-maintained Secondary Road System. VOTE: UNANIMOUS. 11. LOCAL EMERGENCY PLANNING COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the following persons as members of the Local Emergency Planning Committee: County Don Willhoit Law Enforcement Lindy Pendergrass Civil Defense Bobby Baker Fire Fighting Mike Tapp First Aid Bobby Baker Health Charles Harper Local Environmental Dr. Carl Shy Hospital Transportation Broadcast Media Print Media Community Groups Victor Germino Ted Latta Dr. Fred Hansen Robert J. Godding David Medlock Kevin Meredith Dr. Carl Shy l' '~ ~ ~r ._... ~.. ~`..J APPROVED SE 2L_1987 Victor Germino Ted Latta Owners and Operators of Mike Kirby Facilities VOTE: UNANIMOUS. H. APPOINTMENTS The following appointment was approved by the Board: ABC BOARD Bob Brown ADDED ITEM . RESPONSE TO THE UTILITIES COMMISSION (A copy of the letter is in the permanent agenda file in the Clerk's office). Chair Marshall presented for approval a response to the North Carolina Utilities Commission for Docket No. P-10, Sub 428. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the letter and authorize the Chair to sign on behalf of the Board. VOTE; UNANIMOUS. T. ADJOURNMENT With no further business to come before the Board, Chair Marshall adjourned the meeting. The next regular meeting will be held on Monday, September 8, 1987 in the Courtroom of the old Courthouse, Hillsborough, North Carolina. _ Shirley E. Marshall, Chair Beverly A. Blythe, Clerk MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY MEETING AUGUST 24, 1987 The Orange County Board of Commissioners and the Planning Board met in joint session for a quarterly public hearing on August 24, 1987 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, John Hartwell, Stephen PLANNING BOARD MEMBERS PRESENT: Best, Virginia Boland, Dan Eddleman, Pilkey, Steve Yuhasz. PLANNING BOARD MEMBERS ABSENT: Shirley E. Marshall and Commissioners ~ialkiotis and Don Willhoit. Chair Barry Jacobs, and members Chris Peter Kramer, Betty Margison, Sharlene Excused: Prince Taylor. Unexcused: Tim Hubbard, Mike Lewis and Brenda Swann. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Clerk to the Board Beverly A. Blythe, Administrative Secretary Joanna Bradshaw, Planner Gene Bell, Planning Director Marvin Collins, Planner Emily Crudup, Planners Eddie Kirk, Don Powell, and Greg Szymik.