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HomeMy WebLinkAboutMinutes - 19880906MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING FROM AUGUST 22 JOINT PUBLIC HEARING AND REGULAR MEETING SEPTEMBER d, 1988 The Orange County Board of Commissioners met at 7:00 p.m. on September 6, 1988 in the courtroom of the old Courthouse, Hillsborough, North Carolina to continue the Joint Public Hearing from August 22, 1988 and to hold their regularly scheduled meeting of September 6, 1988. 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 John M..Link, Jr., Assistant County Manager Albert Kittrell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pamela Jones, MPA Beth McIver, Land Records Manager Roscoe Reeve and Planner Mary Scearbo. A. BOARD AND MANAGERS COMMENTS Chair Marshall announced that for all areas of the County served by OWASA and the Orange Alamance Water Systems that mandatory water conservation restrictions have been rescinded. The voluntary conservation restrictions still remain in effect. A resolution was added to the agenda for an abandonment to the secondary road system. F12 was removed from the Consent Agenda and added as G12. Commissioner Hartwell talked about the State's recommendation for allocations from the Jordan that will be announced on Thursday. The northern part of the County was very favorably treated but the State statutes do not address allocations to anything but governmental units and that is similar to the way the State statutes do not address interbasin transfers for private companies. He suggested that the County accept this allocation on behalf of Orange Alamance Company. County Manager John Link will talk with John Morris and relay this desire of the County to receive the allocation for Orange Alamance. Commissioner Willhoit informed the Board of his intent to attend the EMC Meeting on Thursday and make a statement that Orange County appreciates the staff coming up with a voluntary plan and encourage the EMC to adopt it and encourage EMC to revoke the designation in the event Chat any of'the parties fail to adhere to the plan. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to endorse the Eno water allocation plan as outlined by Commissioner Willhoit in the previous paragraph VOTE: UNANIMOUS. B. PUBLIC COMMENTS All citizens who have indicated a desire to speak will be recognized at the appropriate time. C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to ~~~ ~ '/ approve the minutes for .Tuly 7, 1988 as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chain Shirley E. Marshall read the public charge. PUBLIG HEARING G0~ FROM AUGUST 2~ 1988 .TOINT PUBLIG HEARING 1 ZONING ORDINANCE TEXT AMENDMENTS a. Article 6.8 - Visibility at Intersections Planner Mary Scearbo made the presentation. Article 6.8 of the Zoning Ordinance requires that sight triangles include the area within a triangle formed by connecting the points 25 fee~G from the corner of the lot, along the connecting right-of-way. NCDOT generally requires those distances to be l0 feet and 70 feet respectively. Different distances may be approved by NCDOT if conditions at the specific intersection so warrant. The NCDOT standards provide for increased sight distance. The proposed amendment is to make the requirements of the County consistent with those of DOT. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. b. Article 7.2.8 - Planned Developments (Time Limits on Construction) Planner Mary Scearbo made the presentation. A 6-month time extension can be granted to extend the life of a planned development permit if construction is not started within 12 months of approval. The ordinance is unclear as to what issues can be addressed when the time extension is considered, and, no criteria are provided to determine if the extension should be granted. Amendment of the ordinance to address these questions would provide guidelines so that all requests would be considered in a consistent manner. Commissioner Halkiotis questioned approving projects extending over a twenty year period stating that conditions can change in twenty years. Commissioner Carey agreed that water availability as well as other conditions could change in twenty years. THERE WERE NO CITIZEN COMMENTS. c. Article 6 - Application of Dimensional Requirements Article 6.25 - Extra Requirements for the MTC District Planning Director Marvin Collins made the presentation. Article 6.25 of the Zoning Ordinance lists extra dimensional requirements which apply to development in the Major Transportation Corridor (MTC) district. When comparing the County's MTC standards with the minimum design standards recommended by the Triangle J Regional Image Task Force, the Planning Staff determined the need for required planting in the 100-foot buffer area adjacent to the right-of-way of interstate highways. The proposed amendment describes the purpose of the required buffer and specifies the type of vegetation necessary to provide sufficient screening between the interstate and any proposed development. Commissioner Hartwell questioned when someone would be subject to this provision. Collins stated that in the case of a planned development where these provisions apply, there would be conditions attached to the approval which would require the maintenance of that buffer as it passed from one party to the next in terms of ownership. In terms of subdivision approval this same type of provision would apply. When any preliminary plats are approved by this Board, there is a notation on that plat that a land use buffer requirement applies adjacent to I-40 ~.~: ~= or I-85. When the final plat is approved by the staff and Planning Board, there is also a notation that a land use buffer applies and it is denoted on the plat. A requirement would pass from owner to owner that no disturbance of that buffer could occur except for certain situations. THERE WERE NO CITIZEN COMMENTS. d. Article 23 - Violations, Penalties and Remedies Mary Scearbo made the presentation. This proposed Zoning Ordinance Text Amendment will expand and clarify penalties and remedies associated with non- compliance with ordinance requirements. The Zoning Ordinance currently states that a violation of ordinance provisions constitutes a misdemeanor, punishable as provided in G.S. 14-4. Enabling legislation gives the County authority to impose civil penalties as well. It is proposed that the ordinance be amended to explicitly state the consequences of a violation as provided for in the enabling legislation. An expansion of the remedies available to Orange County should help with compliance actions. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. e. Article 6.3 Regulation of Principal Uses Article 22 - Definitions The presentation was made by Marvin Collins. Article 6.3 of the Zoning Ordinance permits one single family residence per zoning lot and by implication one principal structure per commercial, office-institutional or industrial zoning lot. More than one principal structure can be permitted on non-residential lots if the structures are part of a Planned Development or if they existed prior to the application of the Zoning Ordinance. Currently the Ordinance does not specifically .. limit the number of principal structures on commercial, office-institutional or industrial zoning lots. The proposed amendment makes express what is implied and clarifies the regulation of principal uses. A designation o£ subdivision lot is proposed for inclusion in Article 22, and language has been added to more accurately define zoning lot. A citizen asked a question about a 10 acre lot on which a commercial building is located. Collins responded that the 1 acre on which the commercial structure is located would be a non-residential zoning lot and the other nine acres would be classified as residential. Attorney Geoffrey Gledhill stated that this is not actually a change in the Ordinance but a clarification of what is written in the ordinance now. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to refer all the proposed Zoning Ordinance text amendments to the Planning Board for a recommendation to be received by the Board of Commissioners on October 3, 1988. VOTE: UNANIMOUS. 2. Subdivision Regulations Text Amendments a. Section IV-B-S - Lot Layout Mary Scearbo made the presentation. The Subdivision Regulations currently allow lots to be created in which the property is divided by a public road right-of-way, or other lots. Land hooks are currently used to connect separated areas. The Planning Staff believes that lots should comprise contiguous, usable acreage, and that areas physically separated should not collectively be :~ ~~~ . _-., considered as one lot. Robin Lackey asked that if you presently have apiece of land that has ~.:.j a land hook and you subdivide it would there still be one lot with a land hook. -- Scearbo stated that the proposal is that where there already exists a land hook that there not be a penalty for that but that the one land hook not be turned into two land hooks. Alois Callemyn asked if a land hook is across the road if that one lot may be divided by a road and Commissioner Hartwell answered yes if this amendment passes. Callemyn then asked Roscoe Reeve about the one parcel connected by a land hook having the same PIN number and Reeve responded that it would be identified with one PIN number. b. Section II - Definitions (Lot Area) Mary Scearbo made the presentation, It has been the practice of Orange County to apply the net acreage outside of right-of-way when determining if lots created through the subdivision process meet minimum lot size requirements. The addition of the lot area definition is recommended to provide conformance between subdivision regulations and current practice. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. c. Section V (New) Specifications for Plat Drawings Marvin Collins made the presentation. The proposed amendment to the Subdivision Regulations creates a new Section V - Specifications for Plat Drawings which pulls together in one location specifications disbursed throughout the current ordinance or specifications currently required but not set out in the ordinance. An initial draft prepared in December, 1987 was reviewed by the Northwestern Triangle Chapter of the N,C. Surveyors Society. Commissioner Halkiotis referred to comments made at the August 22 public hearing by a surveyor and an attorney and asked if the plat is being overloaded with mare information than it was originally designed for and what this adds to the cost of the plat and additional demands put on the County staff. Collins explained that most of the information provided on the plat comes at the preliminary plat stage rather than the final plat stage. He noted that the main purpose of any plat is to be sure that one development relates well to the other -- that provision for an extension of a street has been included, that floodplains are accurately denoted on the plat, etc. The information on the plats not only insures Orange County that requirements have been met but it also insures the purchaser of what he is buying. In terms of costs, a lot of the information proposed is already being required so the cost should not increase that much, A lot of the issues and concerns will be answered during the sketch plan approval. Almost everything that is in this proposed provision is being required now. Register of Deeds Betty June Hayes stated that her basic concern is that there be an opportunity to work internally with Marvin Collins on some of the things she has seen happening from the record aspect. After a brief discussion, Chair Marshall asked that the County Administration work with the Land Records Manager, the Register of Deeds, the County Attorney, local surveyors and the Planning Department in working out what to require on plats. Commissioner Hartwell gave an example of buying a piece of property whereby a provision was changed but not recorded on the plat and noted that it is better to have on the plat only those things that cannot be changed. Geoffrey Gledhill explained this would probably happEn in the case of ~~~ • ~ J setbacks and buffer requirements but would not happen often. Rabin Lackey, President of the Orange County Bar Association, stated they have a number of concerns about the legal aspects of the plat and also cost to developer and citizen clients. She offered her assistance to work with the Planning Department on this issue. Motion was made by Commissioner Willhvit, seconded by Commissioner Hartwell to continue the public hearing on this item to the next joint quarterly public hearing to be held on November 28. VOTE: UNANIMOUS. Motion was made by Chair Marshall, seconded by Commissioner Carey to readvertise all other changes that may be relevant and will be studied in conjunction with the discussion of Section V and in particular Section IIz application approval and procedures that may need to be a part of the study. VOTE: UNANIMOUS. Alois Callemyn encouraged that there be some sort of means so that a major subdivision could be handled by the Planning Staff and Planning Board. Many people cannot give a lot to their son or daughter because they cannot afford to pay for the survey. d. Section VII (New) Legal Status Provisions Since County-wide adoption of the Subdivision Regulations in 1978, numerous amendments have been made to the ordinance. The proposed amendment to the Subdivision Regulations consolidates the following Sections into a new section VII- Legal Status Provisions: VIII - Amendments IX - Separability of Provisions X - Conflict with other Iaws, ordinances or regulations XI - violations XII - Reenactment and repeal of existing regulations XIII - Effective date The proposed amendment also seeks to strengthen provisions fox enforcing the Subdivision Regulations by specifying additional legal avenues which may be used for enforcement purposes. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. Motion was made by Commissioner Willhvit, seconded by Commissioner Carey to refer items 2a, 2b, and 2d to the Planning Board for a recommendation to come back to the Board of Commissioners on October 3, 19$8. VOTE: UNANIMOUS. 3. Private Road Standards Text Amendments a. Median Standards Mary Scearbo made the presentation. This amendment to the Private Road Standards would allow for medians in the design of private roads. The proposed median standards would require a minimum of a fourteen foot graded width for each travel lane, that there be no access onto any separated portions of the road unless there was adequate crossover for emergency vehicles, that both travel ways be contained within one single easement, that the standard cross section be provided whenever there is an intersection with another street, that one way signs be erected where appropriate and that a plan showing the road and right-of-way and drainage contours and the extent of clearing be approved by the erosion control 3b~ _ officer for all private roads with ar without a median. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. b. Inspection/Certification Procedures Currently, there is no formal certification procedure to insure that roads are constructed entirely in the right-of-way and no formal notification after final road inspection and approval. This amendment proposes to eliminate these concerns by first, requiring certification by the surveyor that the road is constructed fully within the right-of-way, and second, by developing a standardized form to include a record of both certification and inspection. The proposed standards will reflect the certification requirements and procedural changes. THERE WERE NO QUESTIONS FROM THE BOARDS OR CITIZEN COMMENTS. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to refer items 3a and 3b to the Planning Board for a recommendation to come back to the Board on October 3, 1988. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. IN REMEMBRANCE OF HENRY SAMUEL WALKER Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the resolution in remembrance of Henry Samuel Walker as stated below: ~' RESOLUTION IN MEMORIAM WHEREAS, the North Carolina Association of County Commissioners has learned __._ with deep regret of the death of Mr. Henry Samuel Walker, a former member of the Orange County Board of Commissioners; and WHEREAS, Mr. Henry Samuel Walker did give untiring public service to his County, State and Nation. during his lifetime; NOW, THEREFORE, BE IT RESOLVED that his name be entered on the rolls of those who have gone from our midst in this Association year so that he may be remembered at the next Annual Conference thereof; and FURTHER, BE IT RESOLVED that a copy of this Resolution be forwarded to the family of Henry Samuel Walker with the expressed sympathy of the members of this Association. Adopted this 25th day of August, 1988 in Raleigh, North Carolina. VOTE: UNANIMOUS. 2. PROCLAMATION FOR THE AMERICAN HEART'S FOOD FESTIVAL WEEK Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to proclaim the week of September 11 "American Heart's Food Festival Week" in Orange County as stated below: PROGLAMATION AMERICAN HEART'S FOOD FESTIVAL WEEK WHEREAS, heart and blood vessel diseases kill more men, women and children in this country than any other cause of death. Scientists have demonstrated that the typical American diet high in cholesterol and saturated fat -- contributes to high blood cholesterol, a major risk of heart attack. WHEREAS, when the body accumulates too much fat and cholesterol, the excess can ~~~~ collect in the walls of arteries, foaming deposits called "plaque.." If the accumulation of plaque is allowed to progress over the years, an artery can become completely clogged with fats, cholesterol and other debais. If the artery supplies the brain, the result can be a stroke. WHEREAS, medical scientists tell us that lowering the level of cholesterol and saturated fat in the diet can reduce one of the risks of coronary disease. By limiting cholesterol consumption to less than 300 milligrams per day and fat intake to less than 30 percent of daily calories, most healthy men, women, and children over two years old can control blood cholesterol levels and reduce the risk of heart attack and stroke. WHEREAS, American Heart's Food Festival is an educational event to promote "help your heart" eating. During the festival, area food retaileas and the American heart Association work together to promote good nutrition. The Food Festival helps local grocery stores encourage consumeas to purchase nutritional foods and to become aware of eating habits which can help reduce the risk of heart disease and stooks. NOW, THEREFORE, the Orange County $oard of Commissioners do hereby proclaim September 11 thaough September 17 as "American Heart's Food Festival Week" in Orange County, and urge all our citizens to join in learning more about proper nutrition and practicing good nutritional habits for better health. VOTE: UNANIMOUS. 3. RESOLUTION FOR ABANDONMENT TO SECONDARY ROAD SYSTEM Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the resolution for abandonment to secondary road system as printed below subject to the approval of the County Attorney. RESOLUTION FOR ABANDONMENT TO SECONDARY ROAD SYSTEM WHEREAS, the attached investigation report for the abandonment of a portion of SR1100, Teer Road, for a distance of 0.66 mile and SR 1116, Apple Road, for a distance of 0.28 mile has been filed with the Board of Gommissioners for the Gounty of orange requesting that it should be abandoned faom the secondary system; and WHEREAS, the Board of Commissioners for the County of Orange is of the opinion that the above described roads should be abandoned from the secondary road system; and WHEREAS, the aforementioned sections of SR 1100, Teer Road, and SR 1116, Apple Road, should therefoae be abandoned from the secondary road system; NOW THEREFORE, be it resolved by the Board of Commissioners for the County of Orange that the Division of Highways is hereby requested to review the above described Goad, and to abandon for maintenance the sections described above. VOTE: UNANIMOUS. E. REFORTS - NONE ~~~ F. ITEMS FOR DECISION ;CONSENT AGENDA _ Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the items on the Consent Agenda as stated below: 1. Fireworks Permit-UNC Chapel Hill Homecoming To approve, contingent upon submission of proof of insurance, a fireworks permit for the Carolina Athletic Association for a fireworks display to be held in conjunction with UNC-Chapel Hill Homecoming festivities to be held .on October l7, 1988. 2. Bid Award - Mobile and Portable Radios To award the bid to Motorola, Inc. for new Syntor X mobile radios at a unit cost of $1,700; and new HT 600 portable radios at a unit cost of $700, One other bid was received from Piedmont Communications at $650 for Radius P100 and $1,634 for reconditioned Mot. Syntor, 3, Mapping Agreement Revision - Robert Kimball & Associates (A copy of the addendum is in the permanent agenda file in the Clerk's Office). To approve the addendum to the agreement between L. Robert Kimball & . Associates and Orange County on the re-mapping project to provide more accurate and usable base and property maps for all land offices and to approve the annual workplan for 1988-89 which calls for the production of 12,900 digital parcels at a cost of $129,000, a reserve per parcel fund of $11,000 if additional parcels can be digitized, or for GIS preparation reserve, and $10,000 for GIS preparation. 4. Petition for Addition of Bayberry Drive in Farrington Hi11s Subd. To approve the addition of Bayberry Drive in Farrington Hills Subdivision to the State-maintained Secondary Road System. 5. Request to Initiate Legal Action - Jerry Taylor To approve initiation of legal proceedings against Jerry Taylor for placing a trailer on a lot on Carr Stare Road without the proper permits as required by law. 6, Request to Initiate legal Action - Linwood and Linda Bradsher and Glenn Fuller To approve initiation of legal proceedings against Linwood & Linda Bradsher and Glenn Fuller for placing a mobile home on Lynch Stare Road without the proper permits as required by law. 7. Request to Initiate Legal Action - Hoyle King To approve initiation of legal proceedings against Hoyle King for a zoning violation on which property zoned at R-1 is being used for the storage, sale, and rental of vehicles and farm equipment. 8. Joint Planning Area Land use Plan - Description of Transition Areas I-II and Rural Buffer To approve amendments to the Joint Planning Area Land Use Plan text and map which describe the Transition Areas and Rural Buffer in the Joint Planning Area Land Use Plan text and delineates ths~ on the Land Use Plan map, The amendments are based on the definitions contained in the Joint Planning Agreement to provide consistency between the two documents. ~~~ 9. Joint Planning Area Land use Plan - Adjustment of Transition Area I Boundary To approve the adjustment of the Transition Area I boundary from its present location to follow the western right-of-way of Old N.C. Highway 86 and the southern right-of-way of Dairyland Road as recommended by the Planning Board. 10. Joint Planning Area Land use Plan - Redesignation of Horace Williams Airport and UNC Lands To approve changing the designation of Horace Williams Airport and adjacent UNC property from "Public-Private Open Space" to "Future UNC Development" as recommended by the Planning Board. 11. Joint Planning Area Land Use Plan and Land Use Element of the Comprehensive Plan - Bingham Township Land Use Plan Update (A copy of the narrative is in the permanent agenda file in the Clerk's Office). To approve an amendment to the Land Use Element of the Orange County Comprehensive Plan, Section 3.11 -Bingham Township and the Joint Planning Area Land Use Plan as recommended by the Administration and the Planning Board. 12. UMTA Section 18 Transportation Contract (13-C Warranty) This item was removed from the Consent Agenda and placed at G12. 13. Approval of $22,500 grant to Health Department for Expansion of Anonymous AIDS Counseling To approve accepting a grant in the amount of $22,500, the establishment of the Public Health Investigator I position, and authorization to expend the funds in accordance with a budget presented by the Health Director. "_. 14. Tax Refunds Request To approve the following two tax refunds: Account #94600 - Jeffrey 5. Laming $ 39..17 Account #82$34 - Food Lion Plaza $1,323.14 VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. Strategic planning - Proposed Contract for Public Technology, Inc. County Manager John Link explained that due to the growth and demographic change taking place in Orange County that he proposes initiating a strategic planning process whereby the environment is scanned both internal and external to County Government and identify those major priorities and objectives that need to be accomplished collectively as a total. system of government and then develop strategies for pursuing those objectives in a timely and realistic way. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve in principle a contract between Public Technologies, Inc. and Orange County for assistance in implementing a strategic planning methodology. VOTE: UNANIMOUS. 2. The Country - Preliminary Plat This tract is located on lots 16 and 17 of Little River Acres subdivision. The applicant has submitted two plans which propose nine (9) lots on each with, a '~ ~ - ~.' ~~~ i ~: common area. Plan B has been recommended by the Planning Board. It proposes a private road (rural road) off Coltsfoot Drive. Three other conditions were ~_'' attached to the approval. Motion was made by Chair Marshall, seconded by Commissioner Hartwell to approve the recommendation of the administration and the Planning Board to approve Plan B design with the subdivision access from Coltsfoot Drive with the following conditions: (l) Rural Road be public and constructed to State standards and that Coltsfoot Drive from Green Riley Road to Rural Road also be public and constructed to State standards. (2) Homeowners Association documents be drawn up for review by the County Attorney that provide for maintenance of the common area. (3) Lot A labeled as restricted development potential on the final plat. 'VOTE: UNANIMOUS. 3. Division of Lot 4, Daisy Lane Subdivision - Preliminary Plat The property is located in Bingham Township on Daisy Lane, an existing constructed private "Class C" road off Carl Durham Road (SR 1950). .The developer is proposing to divide an existing 4.1.0 acre 'lot, creating a 2.08 acre lot and a 2.02 acre lot. The property is zoned rural Suffer and PW-II. It is located in the University Lake Watershed. The Administration and Planning Board recommends approval with a "Class C" private road and two conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the preliminary plan with a "Class C" private road and the following conditions: - (1) Payment-in-lieu of dedicated recreation area in the amount of $313.00. (2 ). Access shall be restricted to Daisy Lane. VOTE: UNANIMOUS. 4. Ram's Woods - Preliminary Plat This subdivision was given preliminary approval on October 5, 1987 as a 7- lot cluster with a public road. The applicants have redesigned Ram's Woods with five lots on a private road. The property is located at the end of Grossroads Church Cemetery Road in the northwest corner of Chapel Hill Township. The total acreage of the tract is 15 acres. The property is zoned Residential-1 and designated as Rural Residential on the Land Use Plan. The Administration and. Planning Board recommends approval with a Class A private road and three conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the preliminary plat for Ram's Woods with a Class A private road and the following conditions: (l) Submit restrictive covenants which prohibit further subdivision for review and approval by the County Attorney. (2) Prior to final plat approval, submit private road maintenance agreement for review and approval by the County Attorney. (3) Request inspection for approval of the construction of Ram's Way or submit a letter of credit, bond, or escrow agreement for the cost of construction prior to final plat application. VOTE: UNANIMOUS. 5. Thamasina Hill - Preliminary Plat The property is lacated in Chapel Hill Township on the north side of Mount Sinai Road on the corner of Patterson Road and Thomasina Road. The Joint Planning Area Land Use Plan designation is Rural Residential. The zoning is Rural. Buffer. ~~~2 The applicant proposes to combine 11.63 acres with the adjacent parcel to the east. _ The Administration and Planning Board recommends approval with three conditions. `~ Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the preliminary plat for Thomasina Hill with the following three conditions: (1) Submit payment-in-lieu of dedication in the amount of $89.00. (2) Approval of the easement for the septic line that will cross a portion of the Jimmy White property; and (3) Provide the current owners' names on the adjacent property referenced on P.B. 44/150. VOTE: UNANIMOUS. 6. Thomas Jefferson - Preliminary Plat The property is located in Chapel Hill Township on the corner of Sunny Ridge Drive and Mount Sinai Road. The total acreage of the tract is 10.16 acres. Two lots are proposed. The property is zoned Rural Buffer. The Joint Planning Area Land Use Plan designation is Rural Residential. The Administration and Planning Board recommends approval with a private road and three conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the preliminary plat for Thomas Jefferson with a private road and the following three conditions: (1) Revise the existing Road Maintenance Agreement to include Lot 2 and to insure maintenance of Sunny Ridge Road to .C lass A standards. Submit the agreement to the County Attorney for review and approval. (2) Submit payment-in-lieu of dedication in the amount of $360. (3) Provide the current owners' names on the adjacent property to the west referenced on P.B. 44/150. VOTE: UNANIMOUS. 7. Kathy Kennedy - Preliminary Plat The property is located on the north side of Kenion Road in Hillsborough and Cedar Grove Townships. The total acreage of the tract is 13.97 acres. One new lot is being created that is 1.97 acres in size. The Land use Plan designation is Agricultural Residential. The portion of the property in Hillsborough Township is zoned AR. The Administration and Planning Board recommends approval. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the preliminary plat for the subdivision of the Kathy Kennedy lands as recornrnended by the Administration and the Planning Board.' VOTE: UNANIMOUS. 8. Lea's Landing - Preliminary Plat The property is located in Cedar Grove Township on the south side of Mill Creek Road west of the intersection with Harmony Church Road. It is designated on the Land Use Plan as agricultural Residential and Water Supply Watershed. The total acreage of the tract is 10.02 acres. Three lots with state road frontage are proposed. The Administration and Planning Board recommends approval with two conditions. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the preliminary plan for Lea's Landing Subdivision with the following two conditions: (1) Yndicate a joint driveway between Lots 1 and 2. (2) Provide a fifty foot stream buffer on each side of the perennial stream. VOTE: UNANIMOUS. s3 "~ ~ 9. Partial Width Right-of-way Joseph and Mary Zaragoza ' Mr. and Mrs. Zaragoza wish to purchase two existing houses and surrounding property and proposed a two lot subdivision for this purpose. To provide access, an existing 45-foot easement approximately 17+9 feet in length would be connected to a 50-foot easement leading to the subdivision. A Class C private road (Home Road) is in existence. A partial width right-of-way is needed since the adjoining tract is heir property and all heirs will not grant an additional five (5) feet of right-of-way. Motion was made by Cammissioner Hartwell, seconded by Commissioner Garey to approve a partial width right-of-way for Joseph and Mary Zaragoza as requested and approved by the Planning Board. VOTE: UNANIMOUS. 10. NCACC Solicitation of Proposed Legislative Goals for the 1989 General Assembly Chair Marshall suggested that enabling .legislation be requested for transfer development rights and real estate. transfer tax. Commissioner Willhoit suggested that resolutions be written asking for (1) authorization for counties to enforce antilittering laws, (2) authorization for counties to levy and access a variety of revenues and alternatives to the property tax and (3) that unprocessed foods be exempt from sales tax. Commissioner Halkiotis asked that a resolution requesting that all school construction be put under the direction of a general contractor be submitted for special enabling legislation. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell 'y that the following items be sent to the North Carolina Association of County Commissioners to be included in their proposed legislative goals for the 1989 Session of the General Assembly. (1) antilittering laws (2) unprocessed food exempt from sales tax (3) alternatives to the property tax to include impact taxes (4) transfer of development rights (5) bids under general contractor VOTE: UNANIMOUS. 11. Transportation Assistance for the new OCIM Child Care Project After a brief discussion, motion was made by Commissioner Carey, seconded by Commissioner Hartwell to provide funds in the amount of up to $4,000 to come from the Contingency fund to the new Orange Congregations in Mission Child-Teen Parent Project for temporary transportation assistance through the first meeting in January. VOTE: UNANIMOUS. 12. UMTA Section 18 Transportation Contract (13-C Warranty) Geoffrey Gledhill explained that a waiver of the Appendix K requirements from the Department of Labor is not available. County Manager John Link stated that this is a situation where the regulation places certain County employees where their rights of grievance exceed those of other County employees. The likelihood of this becoming a problem is remote. It would only happen if the vans were conveyed to another person. He recommended that the 13c Warranty be approved and that the Personnel Director rev~.ew the situation before any other Section 18 monies/grants are requested. ~~ J ~ Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the County Manager's recommendation. VOTE: UNANIMOUS. APPOINTMENTS The following appointments were made: ECONOMIC DEVELOPMENT COMMISSION - Sandra Tallant and Braxton Foushee ORANGE COUNTY HEALTH BOARD - Cleon Currie ORANGE COUNTY PLANNING BOARD - Elizabeth Eidenier I. AD.TOURNMENT With no further items to be considered, Chair Marshall adjourned the meeting. The next regular meeting will be held on September 20, 1988 at 7:30 p.m. in the courtroom of the old Post 0£fice, Chapel Hill, North Carolina.