HomeMy WebLinkAboutMinutes - 19890501
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 1, 1989
The Orange County Board of Commissioners met in regular session on May 1, 1989 at
7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina.
BOARD MEMBERS PRESENTi.Chairman Moses Carey, Jr., and Gommissioners Stephen
Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT• County Manager John M. Link, Jr., Assistant County Manager Albert
Kittrell,"Deputy Clerk Kathleen Baker, Agriculture Extension Director Fletcher Barber,
Planning Director Marvin Collins, and Purchasing Director Pam Jones.
Motion was made by Commissioner Marshall, seconded by Gommissioner Hartwell that
Kathy Baker be .appointed Acting Clerk for this meeting.
VOTE: UNANIMOUS.
OATHS OF OFFICE FOR E & R BOARD MEMBERS
The Oath of Office was given to all Board members. A signed copy is in the permanent
agenda file in the Clerk's Office.
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Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
appoint Moses Carey as Chairman of the 1989 Equalization and Review Board.
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to
adjourn the Board of Equalization and Review to May 16 at 4:00 p.m, at.the Southern Human
Services Building in Chapel Hill.
VOTE: UNANIMOUS.
A. BOARD AND MANAGERS COMMENTS
Chairman Carey added a proclamation on Motherhood and Apple Pie Week as item E2. He
also added an Executive Session for the purpose of discussing legal matters with the
County Attorney.
It was the consensus of the Board to schedule a special meeting for the purpose of
meeting ,jointly with the Planning Board and the Economic Development Commission to
establish the criteria that will be applied to the remaining six sites for the proposed
airport. This meeting will be held an May 15 at 6:00 p.m. in Superior Courtroom,
Hillsborough, North Carolina.
B. PUBLIC GOMMENTS
None
C. MINUTES
Motion was made by Commissioner Halkiotis, seconded by C.ommissianer Marshall to
approve the minutes for the March 20 Special Meeting as amended.
VOTE: UNANIMOUS.
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Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to
approve the minutes for the March 21 Regular Meeting as amended.
VOTE: UNANIMOUS.
PUBLIC CHARGE
Chairman Moses Carey, Jr. read the public charge.
D. RESOLUTIONS OR PROCLAMATIONS
1. A ricultural Extension Service 75th Anniversary
__._ Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to
adapt a resolution observing May 8, 1989 as the Agricultural Extension Service 75th
Anniversary.
COUNTY RESOLUTION
Whereas the Smith-Lever Act of May 8, 1914 has fostered the development of a system
of State Agricultural Extension Services in partnership with our Nation's land-grant
universities and county governments for disseminating and encouraging the application of
research-generated knowledge and leadership techniques to solve problems of individuals,
families, and communities;
Whereas the North Carolina Agricultural Extension Service, as part of the national
extension system, has contributed greatly in assisting families and individuals with the
efficient production of a reliable supply of food and fiber for consumers, with the
- improvement of the quality of life, with the development of leadership and community
service, and with the achievement and accomplishments of young people through 4-H;
Whereas the relationship existing between the Federal, State, and County Extension
Services has provided for citizen input to research and educational programs of the land
grant universities of our state for three quarters of a century; and
Whereas the citizens of Orange County have benefitted and continue to benefit from
North Carolina Agricultural Extension Service programs:
Now, therefore, be it Resolved by the Orange County Board of Commissioners that the
seventy-fifth anniversary of the Smith-Lever Act and the North Carolina Extension Service
of which this County is a part should be commemorated on May 8, 1989.
VOTE: UNANIMOUS.
2. MOTHERHOOD AND APPLE PIE WEEK
Motion was made by Commissioner Hartwell, seconded by Gommissioner Marshall to
proclaim the week of May 14 "Motherhood and Apple Pie Week" in Orange County.
A PROCLAMATION
MOTHERHOOD AND APPLE PIE WEEK
WHEREAS the children of Orange County are 25$ of the population and 100$ of the future,
and
WHEREAS the mental and physical health of children begin and are largely influenced by
the health and well being of the mother immediately prior to and during pregnancy, and
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WHEREAS the surgeon general has set a goal of no more than 9 infant deaths per 1000 live-l~
births by 1990, and
WHEREAS North Carolina has consistently demonstrated excessively high number of infant
deaths and currently ranks 46th in the Nation, and
WHEREAS the major cause of infant death is being born too soon and too small
We the Board of County Commissioners proclaim the week of Mother's Day May 14-20,
1989 "Motherhood and Apple Pie Week" in Orange County for the purpose of calling
attention to the tragedy of infant deaths, and challenge the citizens of Orange County,
health providers and consumers alike, to implement strategies to reduce infant mortality
in Orange County.
'VOTE: UNANIMOUS.
REPORTS
1. Durham-Cho el Hill-Carrboro Urban Area DCHC
1gg~ 5_2010 Trans ortation Study
Flanner GGene Bell presented this report which included a summary of the public
comments received during the various public hearings held this past year.
Bell outlined the planning process that began over four years ago. The first
step culminated in a report entitled "Analysis of Projections, Deficiencies, and Needs"
which was presented to elected officials in April, 1987. The second report entitled
"Analysis of Alternatives and Recommendations" included a thoroughfare plan for the DCHC'
area. This was presented to the elected officials in January of 1988 and was followed ;
a series of seven public hearings. Report three entitled "Public Comment and Final
Recommendations" is the report the Commissioners received this evening. ?s,
Blake Norwood from NCDOT asked that the Board receive the report and the recommended
plan with the noted exceptions. He further requested that the report be made available
to the public. A public hearing needs to be scheduled for adoption of the plan after the
Boards' recommendation and public comment has been received.
Commissioner Hartwell commented that the plan is a highway that is not desired.
He expressed a concern about the traffic in Hillsborough. The Churton Street bridge is
the bottleneck for traffic entering Hillsborough, DOT does not listen to the priorities
of the locality because it will cost too much money but tries to put through a plan that
will not work.
Blake Norwood explained that this plan will not alleviate any of the traffic on
Churton Street going through Hillsborough. It is designed to provide a bypass around
Hillsborough which is a north-south bypass to the east.
Commissioner Hartwell emphasized that the main emphasis should be to get the big
trucks off of Churton Street and have a route that would provide for this traffic.
Commissioner Marshall stressed that DOT continually brings in a plan that the people
clearly do not want. This has been expressed at public meetings by hundreds of people
but DOT has not listened. She was disappointed that alternatives have not been presented
to address the needs.
Commissioner Hartwell suggested not endorsing the plan as long as the main item in
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- the plan is imperfect.
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to
receive the report as information and make it available to the public.
VOTE: UNANIMOUS.
F. ITEMS FOR DECISTON = CONSENT AGENDA
Motion was made by Commissioner Marshall, seconded by Ghairman Gorey to approve those
items as listed on the Consent Agenda below.
1 County Auction for 1989
To adopt a resolution stated below authorizing the Director of Purchasing and
Central Services to conduct an auction of those personal property items declared surplus
or confiscated.
RESOLUTION
WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned
property in a manner prescribed by North Carolina State Law,
WHEREAS, Orange County has given its own departments and funded agencies the
opportunity to acquire this property prior to its disposal,
WHEREAS, Orange Gounty has determined that public auction would be the most
equitable way to dispose of surplus, confiscated and abandoned property and at
the same time produce the most revenue for the County,
NOW THEREFORE, BE IT RESOLVED THAT:
Orange County Board of Commissioners do authorize the Director of Purchasing
and Central Services to conduct a public auction of those surplus and
confiscated items found on the attached list on May 20, 1989, The auction to be
held at 10:OO.a.m. at the Orange County Public Works Department and to be
conducted an an as i.~ highest bidder basis.
FURTHERMORE, BE IT RESOLVED THAT:
The Orange County ,Board of Commissioners do hereby authorize the Director of
Purchasing and Central Services to sign over the titles of those vehicles being
sold at auction so that ownership may pass to the buyer and to direct the Clerk
to the Board of Commissioners to send notice of such authorization to the North
Carolina Division of Motor Vehicles and do hereby authorize the Director of
Purchasing and Central Services to make the necessary adjustments in inventory
for items listed and items that have been stolen, salvaged, or destroyed or
mistakenly placed in the inventory.
2. Gapital Pro ect Ordinance
To adopt the Capital Project Ordinance for the computer networking project as
stated below:
CAPITAL PROJECTS ORDINANCE
COMPUTER NETWORKING PROJECT
Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of
Chapter 159 of the General Statutes of North Carolina the following capital project
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ordinance is hereby adopted.
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Section 1. The project authorized is the lease-purchase of an upgrade to the County's
mainframe computer system. The project will be financed by an appropriation -:
from the County Capital Reserve Fund.
Section 2. The officers of the County are hereby directed to proceed with the project
within the budget contained herein.
Section 3. The fallowing; revenue is anticipated to complete this project for the current
- year.
Transfer from Capital Capital
Reserve Fund $50,000
Section 4. The following amount is appropriated far the project:
Computer lease purchase $50,000
Section 5. This Ordinance shall be in effect from the date of adoption until
June, 30, 1989
Adopted this 1st day of May, 1989.
3. Resolution to Apples for UMTA Section 18 Trans ortatian Funds
To approve and authorize the Chair to sign a resolution as stated below to apply"'„_y
for UMTA Section 18 funding with the North Carolina Department of Transportation for ,~
replacement vehicles in the Orange County C.A.T. Program. :.u..;i,
APPENDIX A
RESOLUTION
SEEKING PERMISSION TO APPLY FOR SECTION 18 FUNDING,
ENTER INTO AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION AND TO PROVIDE THE NECESSARY ASSURANCES
WHEREAS, the North Carolina Department of Transportation has received a grant from
the US Department of Transportation authorized by Section 18 of Urban Mass Transportation
Act of 1964, as amended, to provide assistance for rural public transportation projects;
and
WHEREAS, the purpose of these transportation funds is to provide incidental general
public transportation services in rural and urban areas; and
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the
Governor of North Carolina have designated the North Carolina Department of
Transportation (NCDOT) as the agency responsible far administering funds received through
Section 18 of the Urban Mass Transportation Act of 1964; and
WHEREAS, County of Orange, hereby assures and certifies that it will comply with the
Federal Statutes, regulations, executive orders, the Special Section l3 (c) Warranty, and
all administrative requirements which relate to the applications made to and grants
received from the Urban Mass Transportation Administration, as well as the provisions of
Section 1001 of Title 18, U.S.C.
NOW, THEREFORE, be it resolved that the Chair of Orange County Commissioners is
hereby authorized to submit a grant application for funding under Section 18 of the Urba
Mass Transportation Act of 1964, make the necessary assurances and certifications and be
__. empowered to enter into an agreement with NCDOT to provide incidental general public
transportation services.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION-REGULAR AGENDA
1. Senate Bil 3~ An Act to Establish Uniformit in Re ~ulation of Roadside Hung
This was presented for Board comment. The Manager recommends that the Board
endorse SB 339 with one change: the deletion of the first phrase under paragraph (b) of
section 113-291.9 as follows: "Unless a person owns or possesses a leasehold interest in
real property situated on either side of the road or highway...".
Motion was made by Commissioner Hartwell, seconded by Commissianer Marshall to
endorse SB 339 as recommended by the County Manager.
VOTE: UNANIMOUS.
2 Wvngate Subdivision ;, prelimina~ P an
The property is located on the south side of Interstate 85 in western Eno
Township on the corner of Old NC 10 and Lawrence Road. It is zoned Residential-1 with an
overlay district of Major Transportation Corridor, and designated as Twenty-Year
Transition in the Land Use Element of the Comprehensive Plan. Forty-six (4b) lots are
proposed out of 70.7$ acres. These lots will be served by public roads and by individual
wells and septic tanks. The Planning Board recommended approval of the preliminary plan
with nine conditions.
Mation was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to
approve the Preliminary Plan for Wyngate Subdivision with the following nine conditions:
(1) Indicate a 30' drainage easement along the swale between lots 36 and 37/38.
(2) For lots adjacent to the power transmission lines, provide the minimum lot
size (40,000 square feet) exclusive of all rights-of-way.
(3) On the final plat, label the Type D Land Use Buffer adjacent to the power
line right-of-way as such and provide the Land Use Buffer note from Section
IV-B-8-e-2 of the Subdivision Regulations.
(4) Dedicate 10' x 70' sight triangles at all road intersections.
(5) If a divided entrance is to be included in the final design, submit detail
drawings to the NC Department of Transportation for review and approval.
(6) Locate additional sites for septic tank disposal, recombine, or omit lots as
necessary to respond to Health Department comments and provide approved
sites for each lot shown on the final plat.
(7) With the exception of lot A, all lots shall have access restricted to the
new subdivision roads.
(8) Provide 50' right-of-way stub-outs to the eastern property line in the
vicinity of lot 21 and to the southern property line between lots 25 and 26.
With the two roads that end in stub-outs, create a "T"-intersection between
lots 21 and 31/32. Choose an additional road name for the road extending
south.
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(9) Dedicate to public use (Orange County) the rights-of-way for the stub-outs.--°y
Provide deeds to the County and label the stub-outs as "dedicated to public
use."
VOTE: UNANIMOUS
Commissioner Willhoit asked that the Planning Board consider the advisability of
securing water and sewer easements for development that is on septic tanks or wells
located in the transition area. There are certain inconsistencies with the areas that
may be annexed by the town. The lack of easements may prevent the town from providing
water and sewer services.
Commissioner Carey asked that also the question of who should provide the green
boxes needs to be addressed for new developments.
3-~ Sykes Glen Phase 3 Preliminar Plan
The property is located in Bingham Township on the east side of Oak Grove Ghurch
Road 0.3 miles north of the intersection with Vernon Road. Twenty-two lots are proposed
out of 74.03 acres. It is zoned Agricultural Residential with the same designation in
the Land Use Element of the Comprehensive Plan. The proposed subdivision is also located
in the Protected Watershed of Cane Creek.
Motion was made by Commissioner Marshall, seconded by Gommissioner Hartwell to
approve the Preliminary Plan for Sykes Glen, Phase 3 with six conditions as stated below:
(1) Add to note #4 that septic tanks and wells are also prohibited in the stream
buffer.
(2) Realign the entrance road to provide a 90 degree intersection with SR 1117 t
(3) Dedicate l0' x 70' sight triangles at all intersections.
(4) Adjust the 30' drainage easements shown on lots 4 and 7 to follow existing
swales.
(5) When the entrance road is realigned, combine the resultant strip of land on
the north side of the new right-of-way with lot 16.
(6) Delete the plat note stating "A 2' strip will be left between the Road R/W
and Property of Jonathon Sykes."
VOTE: UNANIMOUS.
4. Section One Nichols R~, dee Preliminary Plan
The property is located in Little River Township on NC 57, 0.4 miles south of the
intersection with Holly Ridge Road. The tract is unzoned and listed as Agricultural-
Residential on the Land Use Plan. Five lots are proposed out of 10.21 acres.
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve the Preliminary Plan for Section One Nichols Ridge with the condition that the
cul-de-sac be redesigned to meet NCDOT standards.
VOTE: UNANIMOUS.
5. Forest Knolls Preliminary Plan
The property is located in Bingham Township on the west side of Dodsons
Grossroads 1.4 miles north of NC Highway 54. It is zoned Residential-1 and designated
Rural Residential in the Land Use Element of the Comprehensive Plan. Eight lots are
proposed out of 35.91 acres. These lots will be served by individual wells and septic
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• tanks.
Motion was made by Commissorest Knollslgubdivision with thesfollowinglthrees to
approve the Preliminary Plan for F
conditions:
1. Include in the restrirt~ubdi isionts50randc30 foot setbacks,vandttheominimum
prohibition of furthe
required setbacks for lot 1.
2. On the final plat, change the~datehtot~ian~les OneDOdsonstCr03SrOadS~f additional
right-of-way and the 10 x 70 sig g
3. Prior to recordation of the final plat, obtain approval from the County Attorney
of the restrictive covenants and road maintenance agreement.
VOTE: UNANIMOUS.
6. Advertisement ~ Maw 2_2~ 1989 Public Hearin y p rove
Motion was made by Commissioner Hartwell, seconded by Chairman Care to a p
the.advertisement.for the May 22, 1989 Joint Public Hearing as recommended by the
Administration.
VOTE: UNANIMOUS.
H. APPOINTMENTS - NONE
EXECUTIVE SES' ION
Motion was made by Commissioner Marshall, seconded by Chairman Carey to go into
'~ Executive Session for the purpose of discussing legal matters with the County Attorney.
_. VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to go
back into regular session.
VOTE: UNANIMOUS.
I. ADJOURNMENT
With no further items for Board consideration, Chairman Carey adjourned the meeting.
The next regular meeting will be held on May 16, 1989 at 7:30 in the Courtroom of the old
Post Office, Chapel Hill, North Carolina. Moses Carey, Jr., Ghair
Beverly A. Blythe, Clerk