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HomeMy WebLinkAboutMinutes - 19870908-\ I '.1 decide what projects would be subject to environmental a.mpact statements. The statute permits counties to place this requirement on major development projects greater than two acres in size. Chair Marshall indicated that this requirement could only be done in the County's jurisdiction and once the annexation takes place the ~~~~ development is not in the County's jurisdiction. Gledhill noted that the County does have jurisdiction countywide in such areas as health .. ~ regulations and is limited in other areas. Commissioner Willhoit expressed concern about the safety of the type of disposal system and that frequently the law that the state or local agencies are able to enforce lags behind what the scientific knowledge indicates. He suggested that the question of safety be examined through a public meeting. At the conclusion of the comprehensive study, it may indicate that sewer line extension is the way to go. A motion was made by Commissioner Hartwell, seconded by Commissioner Carey to request that the County Manager write the Environmental Management Commission to request a public meeting. VOTE: UNANIMOUS. ~E. ADJOURNMENT with no further items to be considered by the Board, Chair Marshall adjourned the meeting at 12:35 p:m. -The next regular meeting will be held September 8, 1987, at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk Joanna Bradshaw, Admin. Secretary MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 8, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, September 8, 1987 at 7:30 p.m. in the. Courtroom .of the Old Court- house, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr., Stephen Halkiotis and Don Willhoit. Commissioner John Hartwell arrived at 8:10 p.m. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager Beverly Whitehead., Interim Manager Analyst Andi Reynolds, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Director of Community and Housing Development Tara Fikes, PJ.anners Don Powell and Greg Szymik and Budget Analyst Donna Wagner. A. BOARD AND MANAGERS COMMENTS Chair Marshall announced that the bicentennial will be held on Sep- tember 18 in Superior Courtroom and invited the public to attend. A proclamation was added to the end of the agenda. B. AUDIENCE COMMENTS None 256A QRA\ GE ~01J7~TTY ECO~v O~ZIC DE~-ELOPMEI~ T COMMISSIOI~T P.O. Box 71~ ~ 117 ~T. Cxvx~ox ST. • F31LI.SBOROtiGH, :V.C. 27`?7$ (919 7~~-$181 ExT. ~ 7 9 (9191 9$8-4501 MEADOWLAI~ID S ZONING REALIGNMENT EDC STATEMENT TO THE PUBLIC HEARING ON AUGUST 24, 19$7 EDC Su ort for the Zanin Reali nment. My name is Sylvia Price. I am Director of the Orange County Economic Development Commission, and I am haze representing the IDC. Statement of Su ort. The EDC requests that the record of this Public Hearing show that the OCEDC was briefed thoroughly and considered the matter at its regular meeting on August 13, 19$7. and that a motion was passed stating the support of the EDC for the zoning realignment requested by Consolidated Ventures for the Meadowlands project. and that this statement of support should be communicated to the Board of County Commissioners and the Orange County Planning Hoard at this Public Hearing. ~ Background. Members of the Board of County Commissioners and the •a ,Planning Board are aware that the EDC was involved during 1984 and .:...~' early 1985 in the identification of the site (the former Beard property) as the best location for a quality industrial park, which the EDC believed is much needed in the northern part of the County. In May 1985, when the original rezoning request was considered, the Chair of the EDC and I both testified in support of the proposed rezoning, stating that the project proposed for the site would meet the need for a quality park in northern Orange. Since the property was rezoned in July 19$5, the LDC has continued to work to support the project. Several members and I participated in the "charette" held is late spriag 1986, which developed the master plan for the project. One key element that was urged by the charette participants, which is reflected in the realignment before you tonight. is that the road into the project should be moved is order to take better advantage of the beauty of the pond, one of the most attractive features of the site. The first client far the project was announced in May 1987, which is the expansion of TECAN, U.S. I believe that all of us should feel gratified that TECAN has chosen to expand its operations in Orange County. and to locate its U.S. headquarters in the Meadowlands. This is 'the first example of the quality operations ti.G~ :aa Meadowlands park will help to attract. and in this case, retain with a major expansion. in Orange County. z~56B Page 2 Meadowlands Zoning Realignment IDC Statement to the Public Hearing on August 24. 1987 (continued): Looking to th_e_ Future. The IDC was created by the Board of County Commissioners to promote quality economic development in Orange County. The IDC believes that its interest in. and support for this project since its inception. is consistent with. and supportive of, the mission given the IDC by the Orange County Commissioners. The creation of a quality industrial park like the Meadowlands, and its attraction of quality companies like TECAN are making a significant contribution to quality economic development in Orange County. The careful attention to master planning. and to preserving the aatural beauty of the site, egamplifq the good faith effort to ensure quality development, which was begun by George Horton and continued by Consolidated Ventures. The FI1C needs quality sites with quality environment to help secure camp anies of the caliber of TECAN. Approval of this zoning realignment now under consideration will advance the dream toward reality, and help the IDC to fulfill its missioa: C. MINUTES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the minutes for the May 4 meeting as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the minutes for the May 19 meeting as circulated. VOTE: UNANIMOUS. Motion was made by Chair Marshall, seconded by Commissioner Carey to approve the minutes for the August 18 meeting as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE The Public Charge was read by Chair Marshall. PUBLIC HEARING AND DECISION 1. HODS NG DEMONSTRATION GRANT APPLICATION Tara Fikes presented for the receipt of comments from the public the proposed FY 1987 Housing Demonstration Grant Application. The Housing and Community Development Department designed a housing program in conjunction with the Orange County Habitat for Humanity and the znter- Faith Council. Jeffrey Levine from the Habitat for Humanity described the pro- ject and explained that there will be four single family houses built. He presented slides which demonstrated the kind of construction that would take place. THERE BEING NO CITIZEN COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made b sinner Halkiotis to approve (1) Authorize the Demonstration submission of to sign, and y Commissioner Willhoit, seconded by Commis- the Manager's recommendation to: proposed project activities in the Housing J Program, adopt a Resolution authorizing the the grant application, and authorize the Chair (2) Approve the local contribution of $22,140 and authorize the Chair to sign a letter of commitment to NRCD on behalf of the Board. VOTE: UNANIMOUS. 2. MORIAH HILL ROAD AND TIMBERLY DRIVE - PRELIMINARY ASSESSMENT RESOLUTION (Continuation of public hearing from August 18, 1987) (Copies of the Final Assessment Resolution and the Certificate of Mailing are on pages ~l04E- ~~~ L. of these minutes. ) Planner Greg Szymik presented for public comments the Preliminary Assessment Resolution as approved by the Board on August 3, 1987. The Moriah Hill Road and Timberly Drive PPP project was accepted as a project by the Board of Commissioners on April ].6, 1985. The Public Hearing was continued because of a concern about the validity of the signatures on the petition for the paving of these roads. The staff contacted various property owners who have communicated their wish to continue the project and indicated their signatures on the petition are unconditional. CAROLINE LONG stated that the neighborhood has agreed with those who have signed the petition and who represent 75~ of the property owners. ated he was hired to form a neighborhood association and that the neighborhood has agreed on the paving of the road. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Carey to (].) adopt the final assessment resolution for Moriah Hill ~i Road and Timberly Drive, (2) accept the Certificate of Mailing offered by the Clerk to the Board, and (3) schedule the public hearing on the Prelim- inary Assessment Roll for October 20, 1987. VOTE: UNANIMOUS. D. RESOLUTIONS AND PROCLAMATIONS None ~._~, E. REPORT ON LOW AND MODERATE INCOME HOUSING (A copy of the complete report is on file in the permanent agenda file in the Clerk's Office). Lightning Brown, Chair of the Low and Moderate Income Housing Task Force presented the report. He stated that those citizens who are low income have had to be con- tent with few opportunities. There are 500 families on the waiting list for low income housing with 300 waiting for entitlements for rental subsidies. Home],essness has become an issue of public concern and afford- able housing has become a problem for the average wage earner. He stated that the report contains 40 separate recommendations in 10 different categories. The first countywide analysis of housing conditions was conducted. He talked about the issue of housing rehabilitation and substandard housing that exists in the county. He stressed the fact that mobile homes are the affordable home option in Orange County and an understanding is needed of those who chose this form of housing. Motion was made by Chair Marshall, seconded by Commissioner Carey to refer the report to the County administration for study and further refer- ral as appropriate to Housing and Community Development, Planning, the Economic Development Commission, the Human Service Advisory Commission and Finance and asked that a calendar be developed for those- specific areas that need additional study and/or comments. _ VOTE: UNANIMOUS. F. ITEMS FOR DECYSION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. DUKE POWER COMPANY RIGHT-OF-WAY To approve the right-of-way to Duke Power Company for an under- ground electrical service from the Sheriff's Office to Orange Family Medical Center. 2. EFLAND SEWER PROJECT AMENDMENT To amend the Efland Sewer fund revenues and anticipated project costs as Appropriation: Construction Engineering/Architect Fees Tap Fee Contingency Source: NC Clean Water Grant Senate Bi11 2 Funds Transfer from General Fund to reflect the stated below: approved grant 187,545 105,000 15,000 (94,500) (4,913) 208,979 8,979 3. COUNCILVILLE COMMUNITY RIGHT-OF-WAY To approve the execution of the right-of-way agreement for Streets A and B in the Councilville Community. 4. NORTHERN FAIRVIEW/COUNCILVILLE CDBG PROGRAMS To establish September 22, 1987 and October 5, 1987 as public hearing dates to obtain citizen comments regarding the performance of the Councilville and Northern Fairview CDBG programs. 5. RESOLUTION FOR CLOSING OF STATE ROADS Adopt a resolution requesting NCDOT abandon and close portions of S.R. 1100 and 1600. A copy of this resolution is on pages~.(~ of these --- - minutes . 6.. STATE OF NORTH CAROLINA DIVISION OF HEALTH SERVICE CONTRACT To approve the contract effective July 1, 1987 to June 30, 1988 and to authorize the Chair to sign the contract and the associated assurances. 7. OBSTETRICAL AND GYNECOLOGICAL PROFESSIONAL SERVICE CONTRACT To approve the contract effective July 1, 1987 to June 30, 1988 and authorize the Chair to sign. 8. UNIVERSITY OF N.C. - MEDICAL DIRECTOR SERVICE CONTRACT To approve the agreement effective August 1, 1987 to June 30, 1988 and to authorize the Chair to sign. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the items as listed on the consent agenda. VOTE: UNANIMOUS. G. ITEMS FOR DECISION -'REGULAR AGENDA 1. PROPOSED WATER AND SEWER POLICY Planning Director Marvin Collins explained that two documents are included in the agenda. One is the proposed water/sewer policy as approved by the Planning Board and the second is a list of those comments developed by the County Manager, County Attorney, Finance Director and Planning Director. Discussion ensued on the proposed policy and the Board members asked that the following changes be made to the proposed policy. (1) Section 4 - define the term "development project". (2) Identify water/sewer service districts in terms of a ten and twenty year transition area. (3) Section 6 - define what the policy will apply to in terms of projects - public projects to address a public health need or if it would include other developments as well. (4) Determine the extent of the involvement of private utility providers and whether or not they would be permitted to enter into agreements with the County. (5) Determine the relationship of this policy to .Impact Fees and financing methods. (6) Section 6 -regarding the improvement of job opportunities change the wording from "in the absence of" to "unless there is a statement". (7) Section 6 - add to last paragraph in (c) "revenues which are in excess to the cost of services". (8) Develop a set of criteria for other public projects as opposed to those that are private in nature. It was the consensus of the Board that the policy be reworked to include the comments made by the members of the Board and brought back to them at the October 20 meeting for additional comments to be presented at the November quarterly public hearing for citizen comments. 2. SYCAMORE HILL PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval the Prelimi- nary Plan for Sycamore Hi11 Subdivision. The property is located in Bingham Township on Orange Grove Road (SR 1006). The developer is propos- :...a ~~w •~= ing a private Class B road (Thistle Trail) to serve the development. The property is zoned Rural Buffer (R-B) and designated Rural Buffer in the Orange County Land Use Plan. The County Manager recommends approval with the following three conditions: 1. Payment-in-lieu of dedicated open space in the amount of ~~~ $459. 2. Indicate the location of an existing building on the plat. 3. Development of thistle Trail as a public road in accordance with NCDOT standards. A brief discussion was held on the issue of private versus public roads and the manner in which the ordinance should be interpreted versus how it had been interpreted. Lisa Pakenham, developer, indicated she had planned to put a private road in the subdivision. She noted that many of the complaints received by the Commissioners about dirt roads are from citizens who live on State-maintained roads and not from those who live on subdivision roads who know from the beginning they will be living on a dirt or gravel road. adopted with the intent that all roads be public roads. During the last two years an enormous number of private roads have been approved. Collins stated that there had never been any question about the interpretation of the private road provisions until 1985. The Ordinance had been followed consistently. During the last two years questions have been raised with regards to private/public roads and the Planning Staff don't at this time know what to tell developers. Motion was.made by Commissioner Hartwell, seconded by Commis- sioner Carey to approve the Preliminary Plan for Sycamore Hill Subdivision with conditions #1 and #2 as stated above. Discussion ensued on who should bear the burden of proof. The County Attorney stated the Ordinance should be followed or it should be changed to comply with what is being done. Commissioner Willhoit suggested that a survey be conducted of those wha live on subdivision roads to ascertain a level of satisfaction or dissatisfaction. Greg Szymik stated that NCDOT indicated that the cost of main- taining an unpaved road is approximately half of the cost to maintain a paved road. Barry Jacobs assured the Board that the Planning Board will be studying the issue in an effort to obtain a more concrete interpretation which will enable them to propose changes in the Ordinance for Board consideration. VOTE: AYES, Commissioners Carey, Hartwell and Halkiotis; NOES, Commis- sioner Willhoit and Chair Marshall. NOTE: DON WILLHOIT WAS EXCUSED FROM THE MEETING AT 10:10. 3. J. D. TERRY PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval the Pre~.imi- nary Plan for J. D. Terry Subdivision. The property is located in Little River Township on Green Riley Road (SR 1579). It is a 4.02 acre tract. The applicant proposes to create one (1) additional lot by dividing the tract. One lot would be 2.04 acres and the other lot would be 1.99 acres. The Planning Board and the county Manager recommends approval. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Halkiotis to approve the Preliminary Plan for the J. D. Terry Sub- division. VOTE: UNANIMOUS. f 4. TURTLEDOVE PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval the Prelimi- nary Plan for Turtledove Subdivision. The property is located in Chapel Hill Township on Old Greensboro Highway... It is a 13.85 acre tract with 5 --- lots proposed. The average lot size is 2.31 acres. The developer is proposing a private Class B road. The property is zoned Rural Suffer and designated PW-II in the Land Use Plan. The Planning Board recommends approval subject to the following condition: 1. Include in the Road Maintenance Agreement provisions which would: a. Permit the property to the west to have access to the proposed Turtledove Lane; b. Require upgrading of the proposed Turtledove Lane to public road standards if the property to the west is subdi- vided and accesses Turtledove Lane; and c. Require upgrading of the proposed Turtledove lane to public road standards if any parcel within Turtledove Sub- division and served by the road is further subdivided. The County Manager recommends approval subject to the condition stated above with one additional condition: d. In the event that Turtledove Lane is upgraded by develop- ment of the property to the west, the owners of property in Turtledove Subdivision as well as the owners of the property being developed to the west will agree to maintain Turtledove Lane in an upgraded condition (NCDOT standards) until NCDOT accepts the road for maintenance. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the County Manager's recommendation. VOTE: UNANIMOUS. ~" 5, Z-2-87 WILDWOOD SECTION IV - REZONING RE VEST Marvin Collins presented for consideration a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. The property is located west of the present Wildwood Subdivision off N.C. 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan and presently zoned Residential 2. The applicant is requesting that the zoning classification be changed to Residential-4. The Hillsborough Town Board at its June 8, 1987 meeting recommended approval of an R-3 zoning classification with the understanding that a cluster development approach would be used to compensate for terrain problems. The Planning Board recommended that the request be denied because there were no changed conditions in the area which would justify the rezoning of the property to allow higher densities. The Manager recommends denial of the request for rezoning of the property from R-2 to R-3 as recommended by the Planning Board. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Manager's recommendation. VOTE: UNANIMOUS. 6. ASSIGNMENT OF HOUSE AND BUILDING NUMBERS - RURAL ROUTE 2 Marvin Collins presented for consideration of approval the proposed assignment of house and building numbers for Rural Route 2 in orange County. The route encompasses an area north of Chapel Hill includ- ing Blackwood Station, a portion of N.C. Highway 86, Hideaway Estates Subdivision and portions of the following State roads: Mt. Sinai, University Station, Old N.C. l0, New Hope Church Road and Old N.C. 86. As required by General Statute 153A-240, a public hearing was ~•. 1 held on August 24, 1987, following the notification of all affected resi- dents and posting of the hearing notice in the Courthouse and two public places in Chapel Hill Township (Estes Drive and Franklin Street Post Offices and Sunrise Farmers Market on N.C. highway 86). At the public hearing, many residents of Hideaway Estates ~~T,~. expressed concern about the proposed numbering system, since house numbers already existed for the subdivision. The Planning Staff researched their concerns and have provided responses to those people. A Planning Board recommendation is not required. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to approve the proposed house and building numbers, followed by notification of the Chapel Hill Postmaster, the N.C. Department of Transportation, and the Towns of Chapel Hill and Carrboro as required by G.S. 153A-240. VOTE: UNANIMOUS. 7. POLICY ON CAPITAL EXPENDITURES AND CAPITAL RESERVES Director of Finance Gordon Baker reviewed the suggested changes in the five year capital improvement program and capital policies as proposed by Chair Shirley Marshall. With reference to the use of the 1/2 cent sales tax revenues and the use of capital reserve funds he suggested that they should probably be considered as separate policy issues. He suggested that the County's portion of the two 1/2 cent sales tax revenues be restricted to capital expenditure items costing $15,000 or more rather than to items costing over $50,000. Chair Marshall disagreed with lowering the figure to $15,000. The small items should be taken out of current capital with the larger items prioritized and taken out of capital reserve. She stated that if the' County expects to move into pay-as-you-go after one more bond issue, the; County must be extremely conservative in how the money is spent. _,-.. Baker agreed that the portion of the 1/2 cent sales tax which is dedicated to school capital expenditures should be restricted to buildings, land and building improvements, renovations, major restorations and lease purchase of equipment casting over $50,000 as suggested by Chair Marshall. He suggested that the use of capital reserve funds not be restricted by a blanket dollar limit but that each such fund be considered separately based upon the purpose for which it is established. At the present time the County has three capital reserve funds - (1) school capital, (2) county capital and (3) recreation capital. He suggested a $50,000 restriction for the School Capital Reserve, $5,000 for the County Capital Reserve Fund and as little as $1,000 for the Recreation Capital Reserve Fund. These amounts are in a separate fund - not in the general or fund balance accounts. The Board agreed by consensus that a $30,000 restriction would be placed on the County Capital Reserve Fund and to wait on placing a re- striction on the Recreation Capital Reserve Fund until the Master Park Plan is presented. It was decided that a separate fund should be created for vehicles. Baker suggested that any capital expenditure costing at least $25,000 and having a useful life of at least five years be considered a capital project and accounted for in a capital project fund. This amount was increased to $30,000 by the Board. Baker suggested that all County capital expenditures with a unit cost of $10,000 or more, with the exception of vehicles, be included in the CIP. This amount was increased to $30,000 by the Board. The policy as suggested by Chair Marshall for the use of the 2/3 f ;....~ net debt reduction bond option was approved by the Board. That policy `is stated below: "Use of the 2/3 net debt reduction bond option be limited to either the policy adopted in relation to the Efland sewer or to an even stricter policy that limits use. only to a major emergency. By consensus of the Board, the following policies were approved: "Continue appropriating $800,000 a year toward interest and capital on the school debt. As the payment decreases, place all surplus in the school capital reserve fund rather than have it be lost little by little in the general fund. After 1999, a full $800,000 would be appropriated to that fund each year." "Set school current capital at $750,000 for a period of five years and limit the portion of current capital that may come from the school capital reserve fund to the items listed for the county under policy #1. Roof repair and replacement would be included in the $750,000." "Create a special capital reserve for vehicle purchase. Allocations made to such a fund shall be taken from current year revenues and not from optional sales tax monies." The County Manager will put the above policies into policy form and return to the Board for official adoption. 8. CAPITAL IMPROVEMENTS PLAN CALENDAR Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the calendar as stated below: November 17 Recommended Capital Improvement Plan submitted to Board of Commissioners December 1 Afternoon Work session (prior to Board of Commissioners meeting) on Recom- mended Capital Improvement Plan. December 15 Public Hearing on Recommended Capital Improvement Plan January 19, 1988 Afternoon work session (prior to Board of Commissioners meeting) on recom- mended Capital Improvement Plan. February 1 Adoption of 5 Year Capital Improvement Plan. VOTE: UNANIMOUS. 9. ENVIRONMENTAL AFFAIRS BOARD REPORT POSTPONED UNTIL NEXT MEETING. 10. WATER CONSERVATION ORDINANCE AMENDMENT (A copy of the amendment is attached to these minutes on pages The Division of water Resources has recomputed elevation of water below the Lake Orange spillway. The new computations from the State include the dead pool and account for the flashboard, which raises Lake Orange one foot. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to amend the Water Conservation Ordinance to reflect changes in Table I and II which include dead pool and based on spillway at 614 and to further amend the Ordinance to reflect increased water capacity based on spillway at 615 feet effective January 1, 1988. VOTE: UNANIMOUS. 11. A LOCAL ENVIRONMENTAL IMPACT STATEMENT ORDINANCE Chair Marshall requested that a Local Environmental Impact State- ment Ordinance be developed by the Planning Board and ready for public hearing in November with consideration for adoption in January, 1988. ;,~ .,---. x9 =:. ~~ ~ Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to refer this request to the Manager for implementation according to the above schedule. VOTE : UNANIMOUS . "._T„ 12. USE OF ROCK UARRY FOR WATER STORAGE Commissioner Hartwell stated that Durham County made a request to Nello Teer to acquire the rights to ..use the quarry for the storage of water upon the termination of its use as a rock quarry. In order to receive State approval for a quarry, the developer or owner must state the recovery system that will be used for the land. Commissioner Carey stated that, although he has not seen the Durham plan, that it has extensive development for purposes that include recreation and agreed that this would be a good potential water source. He would like to see these reclamation plans included in the Recreation and Parks Master Park Plan. The Board agreed that if Nello Teer receives a permit to locate a rock quarry in Little River, the County should definitely make a request to Nello Teer asking that orange County be given the right to use the. quarry for water storage after the mining operation has been completed. Motion was made by Commissioner Hartwell, seconded by Comma.s- sioner Carey to ask the Manager to draft a letter to Nello L. Teer Company and appropriate State agencies requesting that if a quarry is located in Little River Township, the County will have rights to the quarry, for water storage, after the mining operation has been completed. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: COUNTY SENIOR CITIZENS BOARD - Betty year term. HUMAN SERVICES ADVISORY COMMISSION - the unexpired term of Ed Crowe who resigned. RECREATION AND PARKS ADVISORY COUNCIL Waldrop. term. Landsberger for a three; Karen Metzguer to finish - Charles Berger and Susan NATIONAL ORGANIZATION ON DISABILITY - Paul Leung for a one year ADDED ITEM PROCLAMATION Motion was made by Chair Marshall, seconded by Commissioner Hartwell to approve a proclamation to rescind Stage TI water restrictions for those citizens who live in the County portion of the Orange/Alamance and the Town of Hillsborough service area. VOTE: UNANIMOUS. I. ADJOURNMENT There being no further items for the Board to consider, Chair Marshall adjourned the meeting. The next meeting will be held on September 22, 1987, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. 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" . w«: C 0 4 O p r C iC o W w m r ~ ~ n ~Jh ~ U a o a s., ~., ~, m ~• m Sr 1+ b+ ~ ID D a a « a, e O m .-. 3 .C .9 ~ w ~ ty U M -'~ w ~ ~r H ~„~ M H C WT..t^.. L '~,D ror m ~ N G - y v C ' .~ - .J ] 'i w ~ -y G. a ..a ~, ti I Q ~+Y 1-I '~ Cl W ~ J.+ m m D. m .y ..~ I ~+ v m s. ~..:, ymas+ ~,rro i mmma.mro~ N la ~ yJ ..y .L~ it ••I -~A~FaG.EOU 3 U. 7 r VJ N P 7 ~ m .-I W a -t 3+ Id .K x f+ H ~ 0 ''' ~ ~ ro ~ e^i - , ~` 'C rl .~ ti a N O-b.~ m -~++ammvmr E U 3 t C Ei~ ~ WH '[ ~ Q O «] y 1A m G~ O+l~ m W .ti m r U +i w.l p ~ -+ roo s,romrrs~+~ ~. m i+ r y a -~ w ~.+ ro a 7 ~ Cq G C ~ O J.i ~"~ ~"'~ ~+~+ y E E U a+ ti ~ Om ~ m 0 7 33J ~5 .w U ..a .~. -•... 264e A meeting of the 3aard of Cammtssioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting, at 7:30 o'clock p. m., an the 3rd day o~ August, 1987. Present: Chair Shirley E. tlarshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit Absent: None t,~***********,r****~***********x*************~**,~x~*+***:*********** The following resolution was read to the $oard: PRELIMINARY AS5E5SMyA'T RESOLUTION FDR THE FINANCINU $Y ORANG COUt:TY, OF THE LOCAL SHfiR DF THE COSTS DF PAVING NORTH CAROLINA S'K'ATE ROAD (S ) T l8 81 AND T 17 9 ~ , fiLSO KNOWN AS MORIAH HALL ROAD AND TI:i3~RLY DRIVE, IN CHAPEL HILL TOWN5HIP, ORANGE COUNTY, P.DRTH GizROLII~A WHF.RyAS the Board of County Commissioners of Orange County has received a petitian revues=ing the paving cf North Carolina State Road(s) T1881 and ~179~, also Y,nown as yoriah Hi 11 Road anc Timberly Drive, in Chapel Hi 11 Township, Orange County,, North F Gargling, which petition has been signed by at least seventy-five percent (75~) of the owners or property acjoining the said roads, which property represents at least seventy-five (75~) cf the ?meal feet of frontage of the lanas aautting .the said roars, pursuant to North Carolina General Statutes Section 153A-20S(c); and i - 1 264.E ~ 2b4 F ~ '. v7HERyF.S :he Board cf Cor.rrissianers of Orange County has elected to finance the local share of the costs of paving the said road(s), as permitted by Nor;.h Carolina General Statutes Section 153A-185(4) and as provided for in North Carolina General Statutes Sectian 153A-205; IT I S HEREBY R~50:.VRD ': HAT 1. Orange County shall un~ertake financing o~ the local share of paving North Carolina State Road(s) ~188~1 and X1794, also known as Moriah Hill Read and '^irberiy Drive, in Chapel Hill Township, Orange County, Nor~h Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be the number of lots served, or subjeot to be served, at an equal rate per lot. 3. Orange Caun~y kill assess the fatal local share according to the basis set out in number 2 above, which local share is estimated to be $34,°15.1o and represents approximately Thirty-nine and Two Tenths percent (39.2) of the total project cast. (A portion of the nor.-lccal share of this praject represents a reserve established by N.C. D.D.T. for the acguistion of right ad-way necessary for the project. The status c` right of way will not be de ~er.;.ined by N.C. D.O.T. until the loca 1 share of the _roject is paid by Drange County to N.C. D.D.T. If the necessary right of way cannot be acquired volunuarily by N.C. D.O,T., the project dill gat be undertaken.) 4. No assessments c~ this praject wi11 be held in abeyance. 7 264 H .. , . . NDTI:.E G? ?L'BLI;. I^EiaR"_NG ON PRELI":at~ARX ASSE55"iENT RvSDLUTION ADDPTiD '3Y THE ORANGy COUNTY BOhP.D OF CO":"SISSIOI:yRS TD FIh'At~CE THE LDCF;;, SHARE OF '.'HE COSTS OF PAVING NDRTH CAROLI t~A 5':'A'''E ROAD (5 ) r 18 81 AND ~ 17 9 4 , ALSO KNOWN P.5 MORIAH HILL ROAD Ate*D TIP~BERLY DRIB"E, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CARO:.INA Native is hereby given that, pursuant to Article 9 aF Chapter 153A of the General Statutes ow North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary P.ssessmer.t Resolution as follows; 1. OrangQ County shall undertake financing of the local share of paving North Carolina State Road(s) x1881 and #1794, also known as Moriah Hill Road and ^'imberly Drive, in Chapel Hi'_1 Township, Orange Coun~, North Carolina. 2. The basis far assessment nor the local share of the costs of this p=oject shall, be the number or lass served, or subject to be served, at an egual rate per lat. 3. Orange County will ZSSeSS the total local snare accorcing to the bas:,s set out in number 2 abo•~e, which local share is estimated to be Y3L,915.1o and represents approximately Thirty-nine end Two Tenths percent (3°.2%) of the fatal project cost. (A portion of the non-lccal snare or this project represents a reserve established by i:.G. D.Q.T. fog the acquisition a~ right cf way necessary for the project. 'I'h= status of ri5ht of way »;,yi nct be d=terr.:ir.ed by h.C. D.O.T. until tae local share of the project is pGid by Orange County to N.C. D.O.T. 4 z64 G 5, ': he assessments sha'_1 ~be paid in the fallowing manner: G. ~lithin thirty (30) days after the Notice of Confirmation of the Assessment Roll is published, each owner cf the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above sha'_1 be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (00) days after the date that the assessment toll. is confirmec, and the remaining installments, with interest, aue on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED ANb DRD:P,ED that a pub'_ic hearing an all r,~atters covered by this RrQliminary Assessment Resolution will be held on the 18th day of August, 1987, at 7:30 o'clock p. m., du_ing the regular meeting of the Eoard of Commissioners of Orange Count}•, in the courtroom of the old past Office, Chapel Hill, North Carolina. The Clerk to the Soa~d cf Commissioners is hereby a~~thorized and directed to cause a notice of the public hearing to be given by publication one time, not less than ten (10) days prior to August 18, 1987, the date set far the hearing. in a newspaper having a general ^irculation in Orange County. Such notice shall be in substantially the fallowinc farm: 3 .' 264 H NOTICE OF PUBLIC HARING ON PRELIM'A.I'ARY ASSESS!iENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMIISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD (S) # 1881 AND 41794 , ALSO KNOWN AS MORIAH HILL ROAD AND TIMB£RLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that , pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary P.ssessment Resolution as follows: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road (s) # 1881 and €1794 , also known as Moriah Hill Road and Timberly Drive , in Chapel Hill Township, Orange Count�v , North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be the number of lots served, or subject to be served , at an eoual rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above , which local share is estimated to be $34 , 915. 106 and represents approximately Thirty-nine and Two Tenths percent (39 . 20) of the total project cost. (A portion of the non-local share of this project reoresents a reserve established by N.C. D.O.T. for the acquisition of right of way necessary for the project. The status of right of way wi-1l not be determined by N.C. D.O.T. until the local share of the project is paid by Orange County to N.C. D. O.T. 4 f z64 ~ If the necessary right c` way cannot be accuirec vo_untari:v by N.C. D.O.T., the project »iil not be undertaken.) 4. No assessmen :.s of this project will be h~-ld in abeyance. 5. The assessments shall be Faid in the following rr,anner: a. Within thirty (30) da~•s after the ;:otice of Confirmation of the Assessment poll is pub'_ished, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as pro~~ided above shall be paid in five (5) equal annual instalments with the first such installment, with interest, due sixty (00) days after the date that, the assessment roll is confirmec, ~i and the remaining ins:.allments, with interest, due on the same sate in each successive yesr until the assessmen is jai: in full. A public hearing wi_1 be he 1 at 7:30 0' cloci: p. tr.. , on tine 18th day of August, 1987, in the courtroom of the olc Post Of'ice, Chapel ?'_ill, .North Caro_i:,G, the regular place of m6e_ing of the 3oard of Commissioners of Orange Coun~y, tvpr;.h Carolina, fn cider to diS~u55 Gll mattews covered by th~~ Prelimi:.ary Assessment Resolution. Ft she time and wlace above sealed, any resident of Orance County or any other interestec person .+~ay appear and be heart. a 264 J This the 7th ;:ay at Augus~. 19E7. B~VLRLX $LX:"~rr Clerk to the Board o`_ Commissioners nor Orange Caun~y, t:.C. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy cf this :~reliminawy Assessment Resolution to be mailed by first-class mail ~o each owner, as shown an the county tax records of property subject :o assessment if the project is undertaken, not less ~han te:': (10) days prior to August i8, 19E7. The Clerk to the Board of Commissioners fs hereby cirected to file with the Board of Commissioners a certificate that the Preliminary P.ssessment Resolution was „ailed as cirected ~~sing a farm substantially as follows:. "~.. C~RTIPICATL 0~ MAI~.It~C ~ Beverly ?'yth~ Clerk o the Board cf Cam^:iCsicners c_` _, - ~, Orange County, North Carolina, DO H,:R~3Y CHRTI~1' ~hGt an or bewore the 7th day of August, 1987, I malted, by first-G1a55 ..pail, postage prepzid, a copy cf the Preliminary ~:ssessment Res,:luticn far the finanYing by Orange County of the local share of the c~st of paving North Caralir,a Scate Road (s) z1B81 and z_79~, a.so 'r.-~okn as Moriah Hi11 Roac and Tir..aerly Drive, in Chapel Hill Towns::rp, Orange County, lvarth Carctiria, to each owner, as shown o:: the county tax records cf property subject to assessment if the project is undertaken. 4 z64 K ~~:h'ESS my hand ar.: o=F:.cia1 seal of th? Hoard cf Comrr,issianers of Orange Cou^ty, North Caralir,a, *his _r.e 7*.h coy of Auc;:st, 1987. ~ /l BE V A;~Y B~~'^•ur ~, Clerti to 4hE Eaard of Commissions.s of Orange Co~::~ ~y, N. C. [ SE?~~] 'his resolution is effective upon its pa55age. "'hereupon Commissioner noses Carey moved the passage of the foregoing resolution and Cammission~~ bon w; llhoit seconded the motion, and the resolution was passed by the folloking vote: ?:'.'es: Chair Marshzll and Commissioners CF-ey, HZlkio:i5, Hartwell and 1 Noes: Wi llho;:. NDN= 1 ~*****~******~~*art,~******xx**x******~t*xx~r***x~*~rx*~r***xx;~,~*rrx**,~x* _, 3eve.ly Ely the, Clerk to the Hoare o. Camm~ssioners rc~ Orange County, North Carolina, DO I:EREAY CEP.^.^Y zha ` _h e forega_-g is a true cagy of the praceecfnas cf said Eoard of Commissioners at a meeting held on the Ord coy of nagust, ~9fi7, so far as the same relate to the Prelimir,sry assessment Resolution fo: thA ~inancing by Orange County of tie 1cYa1 share cf the cost of paring lr'orth Carolina Srate Road(s) =1681 a:,d j179=, also icna:,n as Moriah ;?i ll Road and 'I'tmberly Drive, i ri C:~apel Kill Tok~nship, Orange ~aun_y, North ~aro~wna, as sucn wroceecings are re4oraed ~n Minu ~e Eaak 23 7 264 k h_':hESS my hana and the o~_icial seal o~ said Boar, ~..is _:,e 7,n day o~ August, 987. ,~~ E~~~'w~4~' BL:'THE, C~exic to the Soard of Ca:~missione.s o~ G. ange Caun ty, t:. C. [5EAL] 8 264M NORTH CAROLINA RESOLUTION PETITIONING BOARD OF TRANSPORTATION TO CLOSE PORTIONS OF S.R. 1100 and S.R. 1116 TO ' PERMIT COMPLETION OF CONSTRUC- TION AND OPERATION OF CANE ORANGE COUNTY CREEK RESERVOIR WHEREAS, Orange County has been informed by the Orange Water and Sewer Authority (hereafter the Authority) that in order to serve the best interests of the people of Orange County, and particularly in order to provide for and assure a safe and adequate public water supply for present and future Orange County residents who are and will be served by the public water supply system operated by the Authority, the Authority has acquired approximately 745 acres of the total of 758 acres (98~) necessary for the construction of the permanent Cane Creek Reservoir in Bingham Township, Orange County, North Carolina, and expects to acquire the remaining 13.3 acres within the near future; and WHEREAS, Orange Caunty has been informed by the Authority that the Authority has constructed and is using a temporary impoundment on a part of the lands acquired for the Cane Creek Reservoir Project, which temporary impoundment is presently an integral part of the Authority's present water storage and supply system which supplies the existing demand within its service area in Orange County; and WHEREAS, Orange .County has been informed by the Authority that the Authority has commenced clearing and construction activities and has made substantial progress 1 264N toward completion of the permanent Cane Creek Reservoir on -, the lands it has acquired for this purpose; and WHEREAS, Orange County has been informed by the Authority that the permanent Cane Creek Reservoir will impound lake waters over and across a portion of S.R. 1100 and over and across a portion of S.R. 1116, and the Authority has acquired those lands adjacent to the said portions of those roadways which will be flooded, and has compensated owners of nearby lands for factors relating to any inconvenience which may be caused by closing of the said portions of the roadways which will be flooded, and those owners have agreed, therefore, that they will not oppose the closing of those roads as herein requested; and •, WHEREAS, Orange County has been informed by the Authority that in order to permit the completion of construction and operation of the Cane. Creek Reservoir Project, and to assure the protection of the quality of the waters of the Cane Creek Reservoir, and. thus to serve the best interests of the citizens of Orange County by augmentation and protection of the public water supply available to serve its citizens, it is essential that those portions of S.R. 1100 and S.R. 1116, which will be flooded by the impoundment of the permanent Cane Creek Reservoir, be abandoned and closed between the boundaries of the property acquisition lines of the Authority's lands; and 2 z64a WHEREAS, the Berard of Directors of the Authority has requested that the Orange County Board of Commissioners petition the North Carolina Board of Transportation, pursuant to G.S. 136-63, that those portions of S.R. 1100 and S.R. 1116 which will be flooded by the permanent impoundment of the Cane Creek Reservoir be abandoned and closed. NOW, THEREFORE, BE IT RESOLVED: 1. That in order to permit the completion of the construction and operation of the permanent Cane Creek Reservoir, and to assure and protect the water quality of the Reservoir, the Orange County Board of Commissioners, pursuant to G.S. 136-63, hereby requests that the North Carolina Board of Transportation abandon and close that portion of S.R. 1100, located in Bingham Township, Orange County, N.C., which -~~ begins at its intersection with Cane Creek and runs therefrom in a northwesterly direction a distance of approximately 1600 feet, and which runs therefrom in a southerly direction a distance of approximately 875 feet, and, that the North Carolina Board of Transportation abandon and close that portion of S.R. 1116, located in Bingham Township, Orange County, N.C., which begins at its intersection with Cane Creek and runs therefrom in a northerly direction a distance of approximately 260 feet, and which runs therefrom in a southerly direction a distance of approximately 330 feet, with the limits of the final abandonment and closing of both roads being all portions of each road within and to the 3 264P boundaries of the lands owned by the Orange Water and Sewer ...-.~ Authority as the same intersect with the said roads, as the same are shown on the plat attached hereto. Adopted this the 8th day of September , 1987. This resolution is effective upon its passage. Thereupon Commissioner ~Car~_ moved the passage of the foregoing resolution and Commissioner Halkiotis seconded the motion, and the resolution was passed by the following vote: Aye s:Commissioners Carey, Halkiotis, Hartwell, Marshall and Willhoit. Noes: None I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 8th day of September _, 1987, so far as the same relate to the Resolution Petitioning Board of Transportation to Close Portions Of S.R. 1100 And S.R. 1116 To Permit Completion Of Construction and Operation of Cane Creek Reservoir, as such proceedings are recorded in Minute Book 21 . 4 264Cr WITNESS my hand and the official seal of said Board, this the 8th day of September 1987. I _ ~~'~ BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 5