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HomeMy WebLinkAboutMinutes - 19891106 PAGE 1 APPROVED 11/19f89 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING z~ NOVEMBER 6, 1989 ~ _ ~. The Orange County Board of Commissioners met in regular session an Monday, November 6, 19$9 at 7:3b p.m, in the Courtroom of the Old Courthouse, Hillsborough, NC. ' BOARD MEMBERS PRESENT Chairman Moses Garet', Jr., and Gammissioners Stephen Halkiotis, John Hartwell, Shirley Marshall and Don Willhoit. ATTORNEY PRESENT Geoffrey Gledhill STAFF PRESENT• County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Ellen Liston, Deputy Clerk to the Board Kathy faker, Agriculture Extension Director Fletcher Barber, Clerk to the Board Beverly Blythe, Personnel Analyst Lana Chandler, Planning Director Marvin Collins, Purchasing Director Pam Jones, T.ax Assessor Kermit Lloyd, EMS Assistant Jeanette Smith, Planners Eddie Kirk, Mary Scearbo and David 5tancil, Land Records Manager Roscoe Reeve, County Engineer Paul Thames, Personnel Director Addie W. Turner, and EMS Director Nick Waters, A. BOARD AND MANAGERS COMMENTS Gommissioner Marshall requested that a report be prepared to show how much of the bond issue money will be spent for school projects and how much other money such as pay-as-yau- go and school capital will be used for other school projects. County Manager Jahn Link asked that the Board actept a revised page four for agenda item D1 for the University Lake Watershed Protection Resolution. He noted that the County Attorney distributed a revised amendment to the Cable TV Line Extension and Franchise item F5 which straightens out the formula for contributions in a case where the density is not thirty homes per mile. Mr. Link added to the agenda item G-6 asking the Board to readopt the Public Transportation Authority resolution. B PUBLIC COMMENTS Chairman Gorey announced that those who want to speak to matters on the printed agenda will be recognized at the appropriate time. There were no comments to items not on the printed agenda. C. MINUTES Motion was made the minutes far the VOTE: UNANXMOUS by Commissioner Marshall, seconded by Commissioner Hartwell to approve October 17 Regular Meeting as corrected. P~TBLIG GHARGE Chairman Moses Carey read the public charge. NOTE: Gopies of all documents referred to in these minutes are in the permanent agenda file in the Glerk's Office. D. RE50LUTIOA'S OR PROCLAMATIONS 1. UNIVERSITY LAKE WATERSHED PROTECTION RESOLUTION ' John Link introduced this item requesting that the Board consider a resolution concerning the proposed agreement on University Lake Watershed. This resolution supports the water quality goals as recommended by the Camp., Dresser and McKee Study and the basic conceptual framework for protecting the University Lake Watershed. It calls for a public i .: PAGE 2 meeting on the part of all three jurisdictions to obtain citizen comments an the agreement. The staff feels the potential impact of this agreement will have impacts on the other portion of the County in terms of how other wa~zsheds will be protected,. .Thy-~~~, agreement includes strategies for addressing possible hardships for farmers as noted in" of the agreement. Emphasis is placed on the flexibility of using community alternative -: treatment systems in areas in the watershed outside the critical areas. He noted that t:~~ protection of the watershed by using large lots will have a negative impact on the county tax base in terms of growth. He feels the County should consider pursuing taxable compensation from those beneficiaries of watershed protection. Planning Director Marvin Collins explained the editing changes. These editing changes are underlined in a revised document dated 11-6-89. With reference to the recommendations, the staff feels the word "equitable" should be defined. If the court rules that the watershed regulations have resulted in a regulatory taking, it says basically that the jurisdiction involved would share the cost in an equitable manner. The formula used to determine who pays what needs to be defined. The two strategies in the . agreement would be (l) voluntary agricultural preservation districts and (7) purchase of development rights program. He stressed that the impact of these watershed protection measures were referenced in the framework with regard to the Joint Planning Agreement. There is a relationship between the County's Comprehensive Agreement, the Water and Sewer Policy, the Zoning and Subdivision regulations, the :mint Planning Land Use Plan Gnd the Joint Planning Agreement itself. These policies and plans should be studied for amendment so that they would first and foremost conform with the proposed agreement related to University Jake Watershed. Also, the impact .of similar provisions if other watershed protection measures were adopted in other portions of the County needs to be studied. The agreement requests that a joint public hearing be conducted for the purpose of presenting the proposed agreement to the citizens owning property and residing in University Lake watershed and obtaining their comment regarding the proposals. Ix~ answer to a question from Commissioner Hartwell, Collins stated that he believes °, the enabling legislation permits cities and counties to purchase development rights. Discussion ensued on the importance of maintaining flexibility in purchasing developmer;::'~; rights to assure equity between the OWASA rate payers and thane that live in the watershed. Commissioner Willhoit emphasized that if there is an assumption that more studies will be done of alternative treatment systems in the watershed and that the control and safety factors will be part of this study, that the extension of sewer lines must be included in that issue. The extension of sewer lines would be preferred over alternative systems. It was agreed to put in the agreement a similar clause for extension of sewer lines as is in the agreement for water. - Commissioner Willhoit suggested making the watershed areas a separate zoning category. or the watershed could be an overlay in the rural buffer. This will be considered by the Staff. Motion was made by Commissioner Hartwell, seconded by Chairman Gorey to approve the University Lake Watershed Protection resolution and to support the revisions to the agreement as amended and as state d. below: A RESOLUTION REGARDING A PROP05ED AGREEMENT ON UNIVERSITY LAKE WATERSHED PROTECTION BY REPRESENTATIVES OF ORANGE COUNTY AND THE TOWNS OF CHAPEL HILL AND CARRSORO WHEREAS, University Lake is a water supply source for the Towns of Chapel Hill and Carrboro and Southeast Orange County; and WHEREAS, the North Carolina Environmental Management Commission has classified the University Lake watershed as a k'S-I water supply, the most protective classifi<•ations .. __ ~i PAGE 3 water supplies; and WHEREAS, the Orange County Board of Commissioners has en~~ted land use regulations, and utility policies for the purpose of protecting water quality in University Lake watershed; and WHEREAS, Orange County and the Towns of Chapel Hilh and Carrbora entered into a .joint. Planning Agreement on November 2 , 1987, including land use strategies and utilities' extension policies for protecting University Lake watershed; and WHEREAS, the Orange Water and Sewer Authority commissioned a carrying capacity study of ilniversity Lake watershed by the consulting firm of Camp, Dresser and McKee to provide a technical basis for watershed protection policies; and WHEREAS, representatives of Orange County and the Towns of Chapel Hill and Carrboro have jointly discussed watershed planning and protection measures which may be incorporated into ordinances and the .joint Planning Agreement; and. WHEREAS, representatives of the above mentioned jurisdictions have proposed an agreement, attached hereto, for protecting University Lake watershed. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County that the Board: 1. Supports the water quality goals of protecting the public health and safety, assuring minimal degradation, and preventing future deterioration in water quality as recommended by Camp, Dresser and McKee. 2. Supports the basic conceptual framework for watershed protection in University Lake ~- watershed as embodied in the attached agreement with the following editing changes: a. Amend the woxding of the second sentence of #2 to read: Other requirements include a maximum 4~ impervious surface for the entire develo ment, use ofindividual septic tank systems on-site, and publicly- controlled monitoring and inspection of waste treatment systems accordin to a r~gram for that purpose adopted ~ Orante County. Structural BMPs would not be required except as outlined under ^3 below, b. Amend the Wording of #3 to read as follows: An option for cluster development will be provided, including an overall density of 1 DT3/5 acres, a minimum lot size of 1 acxe, a maximum 4~ impervious surface for ttie entire develo ment, use of individual septic tanks located an-site and private wells, use of on-site structural stormwater BMPs only if needed on a particular site to control pollutant slug loadings, and publicly-controlled inspection and maintenance of any such BMPs. c. Amend the last sentence under ~4 to xead as follows: A maximum of approximately 12~ impervious surface would be allowed less than 2 acres; 6~ impervious surface would be allowed on lots and 5 acres; and a 4~ impervious surface requirement would apply t on lots of of between 2 o lots 5 acres and ereater in size. ~i J,'f PAGE 4 d. Amend the first sentence under #6 to read: The Coun~ will not permit community alternativ~reatment and disposal systems ~~~ within the current critical area of the University Lake watershed. - 1 e. Amend the first sentence under #10 to read: The Gounty and Towns will jointly inance and conduct a study of the possible use of transferable development rights for the purpose of watershed protection. 3. Given the existence of many watersheds in Orange County and the potential for transferring the agreement provisions and protection measures to other watersheds, the $aard of Commissioners supports the following changes to the final agreement concerning University Lake watershed protection prior to its adoption: a. Under #5b, clarify what is meant by the jurisdictions sharing in associated casts in "equitable" fashion when a landowner is successful in gaining a final court order ruling that the watershed regulations have resulted in a regulatory taking. In other words, what basis or what formula will be used to determine an "equitable" sharing of costs? ~ - b. Under #5c, consider two strategies for addressing passible hardships on farmers: (1) Voluntary Agricultural Preservation Districts which would include provisions for tax abatements above those currently provided under use value taxation, relief from nuisance suits, and assessment waivers; and (z) Purchase of development rights program for farmers under financial stress including an option to permit the sale of development rights purchased pr;,..:, to the approval of TAR legislation, and funding options such as bond salE'":'-;=:~' proceeds and general tax revenues. c. Add, .as #5e, the following: The effect that large lots will have on the total value of building and improvements located on the land .is clear. As such, the Gounty government and its citizens generally should receive something.from the beneficiaries of watershed protection. This may be simple payments to the County or in-kind resources used by the County to foster economic development in appropriate areas and aid the better utilization of land. An Allocation of water at an advantageous rate, to be sold ar brokered by the Gounty, is an example of a possible in-kind resource. d. Under #6, allow the possibility of community alternative treatment and disposal systems and public sewer se=`vices in the watershed. These alternatives should only be allowed after the following is accomplished: (1) Tne Orange County Health Department's inspections and maintenance program for community alternative systems is in place, with the estimated date of implementation being no later than July 1, 1990; and (2) the advisability of makint public sewer service in the watershed should be determined in tandem with the recommendation that OW9SA study the advisability or waterline ertensiors in the wale-shed as found in paragrath #7 of the prouosed watershed agreement. e. Ghange #8 to read: Availabili:.v of Public Sewer within the Universit Lake ~PAG~ 5 Watershed Public Sewer will not be extended into the University Lake except far the following: (1) To address a public health hazard or (2) To implement the of c as expressed in #_6 following the OWASA~.S~X of extension of ub1 c water into the watershed. _ _. f. Under #11, the possible impact of watershed protection measures on the Joint Planning Agreement is referenced. Given the relationship between the Caunty;s . Comprehensive Plan, Water & Sewer Policy, Zoning & Subdivision Regulations; the Joint Planning Agreement, all policies and plans will be studied for amendment to conform to the land use agreement related to University Lake watershed. 4. Requests that a joint public hearing be conducted for the purpose of presenting the proposed agreement to the citizens owning property and residing in University Lake watershed and obtaining their comment regarding the proposals. BE YT FURTHER RESOLVED that the Orange Gounty Board of Commissioners expresses its appreciation to the representatives of the governing boards of the Towns of Chapel Hill and Carrboro for their work to resolve the issues of watershed protection. VOTE: UNANIMOUS -.__ 1 - 2. EMPLOY A-VET WEEK Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to adopt the follawing proclamation proclaiming November b through November 11 as EMPLOY A VET WEEK in Orange County. PROCLAMATION WHEREAS, the citizens of Orange County fought to protect their friends and families fram hostile forces while this land was still a calany, and WHEREAS, the sons and daughters of Orange County have served our state and nation with honor and distinction in every conflict involving the United States, and WHEREAS, the freedom to pursue gainful employment is among the cherished benefits the people of Orange County and our nation enjoy as a result of these veterans service to this great nation, and WHEREAS, veterans have acquired valuable skills, both in the Armed Farces of the United States and through their civilian pursuits, and are deserving of our best efforts to ensure they enjoy the fruits of their labor, NOW, THEREFORE, we the undersigned do hereby proclaim November 6 through November 11, 19$9, to be EMPLOY A VET WEEK in Orange County and commend this observance to all our institutions for employment and training assistance, and urge the employment of veterans by Orange County's businesses. IN WITNESS WHEREOF, we have hereunto set our hands, this the first day of November, nineteen hundred and eighty nine. VOTE: UNANIMOUS Y ~_.~ PAGE 6 E REPORTS 1 STEERING Cp~i*tITTEE/NON-PRDF~ HOUSING CORPORATI ??A~ EXPORT ~ ;' ~~' Reverend Susan Gladin reported on the development of a county-wide non-pro~£i~ housing development corporation. The Orange Community Housing Corporation grew out of '' governmental boards of Orange Gounty, Ghapel Hill and Carrbora. A steering committee has been formed and staff support has been provided through a grant. The steering commitzee~ has identified five steps they feel important to the program. The five steps include a mission statement, Articles of Incorporation, bylaws, operating strategy and incorporation. The mission statement and Articles of Incorporation are completed and in place. She continued with reading the purposes which are listed in the Article of Incorporation. She stated that it is hoped this corporation will gnaw to represent the entire county and will be a means of providing affordable safe housing for the targeted groups. 2. LAND APPLICATION OF SLUDGE IN ORANGE COUNTY John Link indicated that for several years land application of waste treatment sludge has been practiced in Orange County. There is some concern of the amount of sludge application being conducted in Orange County and concerns about the sludge being generated by the Gity of Durham. The report in the agenda provides a description of the status of sludge application in Orange County today. Paul Thames stated the report addresses concerns expressed about land application of sludge in Orange County. General sludge application practices will be used to address these concerns. With the use of overhead slides, Thames described sludge and outlined the permitting and monitoring requirements for the disposal of this material. He described the current status of sludge application in Orange County and Durham's proposed sludge application policies in Orange County. He concluded with stating that the land application of waste treatment sludge is an environmentally sound practice when the procedures outlined and mandated by the environmental regulatory agencies are followed.,.:::: Dr. Rubin, an associate professor of agricultural engineering at N.C. State r;_`;; University stated that regardless of where waste materials are applied, a permit must be obtained from the Division of Environmental Management for that application. To determine if land treatment is an option it is necessary to do a thorough and complete analysis of the waste which includes an analysis of the nutrients, heavy metals and organic material in the waste. The site characteristics axe then evaluated and a waste management plan is done which determines if land treatment is an option. When involved it a land application program, it is important to develop a monitoring program that looks at five aspects of the overall application program: (1) sludge quality, (2) land quality, (3; vegetation quality, (4) groundwater quality, and (5) field operation. A spill-control plan is another important part of a land application program. The vehicle operators must know how to respond if there is a spill. Arthux Mouberry, regional supervisor at the DEM's Raleigh regional office, states that the Division of Environmental Management does actively support land application of sludge. They see this as a beneficial use of a waste product and has proven it can be done with no impact on the environment. The process is tightly controlled through a permit process. Commissioner Halkiotis asked about the manpower shortage at DEM and Mauberry publicly acknowledged that the Division is limited in resources and does not have the manpower to monitor like they would like. As part of the permitting process, the permittee is responsible for collecting and analyzing data and providing that data to Enviranznental Management. He stated that the County Commissioners wish to implement a monitoring program or requirement and fL- the Division will wank with the County. The regulations they follow are applied statewide. If the Commissioners determine that additional monitoring is needed, Oranr~ i _ -:4 PAGE 7 County may establish a monitoring system that would be administered by the Health Department and paid for by the water providers. The Division is willing to talk with Orange County about administering their own program. ~ The lack of communication between the Division and Orange County and the _ _. importance of public relations was discussed. Mouberry indicated he was willing to discuss this subject further and stated that comments from governmental entities would be encouraged. Mouberry stated that at the present time the Division is very active in watershed planning. They have enacted several different classifications that allow local units of government to identify watersheds and develop added protection for those watersheds. They are considering limiting the type of activities that go on in a WSI watershed. At the present time, there is no provision to basically prohibit any type of. sludge disposal/waste disposal options in any watershed except direct discharges in WSI watershed. The permit issued by EMD is a non-discharge permit which implies that what is placed on the property does not migrate off site. The material that is land applied on WSI watershed if properly operated and maintained would not leave the property on which it is applied and not have an opportunity to get into the receiving stream oz the water supply reservoir. He emphasized that if a local unit of government comes up with more restrictive requirements, the permittee wi-'_1 be required to abide.by those requirements. It is the Board's prerogative to prohibit sludge in certain watersheds or certain zoning classifications. If the County wants surface water monitoring to be required, DEM could include this in the permit with the understanding that if surface water monitoring did not show any impact that the monitoring frequency would be reduced as time passes to reduce the economic impact an the permittee. Commissioner Halkiotis stressed that he wanted the monitoring to be conducted by a County employee and not the permittee. Terry Rolen, Director of Utilities for the City of Durham, told Commissioner Hartwell that the City would consider granting permission for those who clean septic tanks in Orange County to bring the material to the Durham waste treatment plant rather than to OWASA. He stressed that his intent had been far the process to be very open and that Orange County should have been contacted when the decision was made to apply sludge on lands in Orange County. Durham County needs about 2,000 acres to handle all their sludge. They would like 4,000 acres which would give them a buffer, They are interested in preserving fart land in the watershed areas. This program will benefit the farmer and should help to keep them in business and preserve the land. Durham does not have a longterm plan for sludge. They are doing a study to determine the best disposal option for Durham. The outcome could be land application or designated landfill, composing, etc. At the present time land application is just an interim plan. He asked the Board's support of their program. He offered to do extra monitoring if necessary. Gommissioner Hartwell stated that Hillsborough's sludge truck does leak sludge on the roadbed. Mouberry stated that DEM would investigate the complaint. An Orange County farmer spoke in support of the sludge application program. He has been in the program for eight years. 3. HILLSBOROUGH COOPERATIVE PLANNING Marvin Collins made the presentation. He referred to the resolution that the two. governing boards considered an August 21 which establishes procedures for developing an Orange County-Town of Hillsborough Cooperative Planning Agreement. .The first four steps identify the area of interest -- the cooperative planning zone. On October 5, the Hillsborough and Orange County planning Boards met to begin the process of defining the boundaries of the Cooperative Planning Zone and Transition Areas. The CPZ boundary identified by the Hillsborough Planning Board generally included the Town's 50-year sewex service area plus the Seven-Mile Creek Watershed and the Upper Eno Watershed up to the PAGE 8 Cedar Grove Township line. The Orange County Planning Board generally agreed with the proposal with the exception of the eastern boundary. Collins used a map to show these .. areas. Collins clarified that what they are attempting toy do fs to identify the _ ~. different areas on a map - primarily the transition and rural areas. There is no commitment at this point to give over any area to Hillsborough. Even if some kind of cooperative agreement is reached no territory will be given to Hillsborough. Commissioner Halkiotis voiced concern that Hillsboraugh needs to take care'of such other items as animal control in its present city limits before expanding into other areas. Callie Warner, President of the Stoney Creek Association, expressed concern abaut the proposal to extend the planning jurisdiction of the Town of Hillsborough south to the point where it encompasses the Stoney Creek area and a large portion of Duke Forest. The Association, unanimously opposed the proposal of the Hillsborough Planning 9oard to permit the Planning jurisdiction of the transition area which would include the Stoney Creek neighborhaad. Dr. Palmore expressed the same concern about Hillsborough extending into areas where they will not be able to provide services. Also, he has a Chapel Hill address and wants to keep it and would oppose any wave for a transition zone which would give him a Hillsborough address. 4~ CABLE TV SERVICE AREAS REPORT Albert Kittrell reported on the serti-ice areas for each cable TV company. The map is in the permanent agenda file in the Clerk's office. F ITEMS FOR DECISION ~ CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to appr~:"-~, the items on the Consent Agenda as listed below; `.; ACCEPTANCE OF GRANT FROM STATE'S LAND RECORDS MANAGE?~1ENT PROGRAM AND APPROVAL C'-i MAP PROJECT WORK PLAN FOR 1989-90 To approve receiving the State's grant award for land records modernization, authorize the Chair to sign the grant agreement, and approve the re-mapping project workplan for 1989-90. 2. ECONOMIC DEVELOPMENT FUNDING BY THE GENERAL ASSEMBLY To approve and authorize the Chair to sign the resolution as stated below: RESOLUTION 89/90 BY ORANGE COUICTY WHEREAS, in forth Carolina the Lead Regional Organizatians, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties .across the state; and WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the 1989 General Assembly has again recognized this need through the appropriation of $990,000 each veer of this biennial to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, support of local industrial development and other activities as deemed appropriate by their local governments; and _- .~ PAGE 9 WHEREAS, these funds are not intended to be used fo.r payment of members' dues ~or- i assessments to a Lead Regional Organization or to supplant funds appropriated by the "= member governments; and WHEREAS, in the event that a request is not made by a unit of government far release of these funds.to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $55,000 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park. NOW THEREFORE BE IT RESOLVED, that the Cow of Orante requests the release of its 490 25 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter S00 of the 1989 Session Laws (SB 43). 3 BUDGET ORDINANCE AME, N~ENT To approve amendment #4 to GEC FUND Source: Intergovernmental Charges far Service Appropriation: Human Services #4 the 1989-90 Budget Ordinance as stated below; $ 12,900 1,808 $ 14,70$ 4 SUBMISSION OF ELDERLY AND HANDICAPPED TRANSPORTATION APPLICATION t,.-., To approve participating in the Elderly and Handicapped Transportation Assistanc Program and to approve the policy recommendation statement on the state funds d e and use and authorize the Chair to sign the application and certification statementibution 5. ALERT CABLE TV LINE EXTENSION ,~D F'RANCpISE AMEN7]MENT - SEA RgADING Ta approve the second reading of the amendments to the franchise to Alert Cable TV as stated below. All amendments are underlined. AN ORDINANGE AMENDING A FRANCHISE TO ALERT CABLE TV OF NORTH CAROLINA, INC. (HEREINAFTER ALERT CABLE) TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF CONL*iISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section IX of the franchise ordinance is amended by deleting Subsection B and replacing it with the following new Subsection B and adding a new Subsection D. [Underlined represents new and changed material,] $. In addition to the other sew area and line exte.~ nsion commitments contained in its pro~pSal. rantBe shall con~stru`ct and activate at least ?n Uink on the mar attached her~toy lab e~ Exhibit A~ which7ma~lis incoraoratedlhel'cated by refe~.~ Construction of this 17 m; P ~.~ rein and as rescribed in Section X of the Oranee CountanCablelTebe~~ as soon as racticable ~~ lion Ordinance_ This 17 ~'.:~.~ PAGE 10 mile portion ,off the system ,off grantee steal be cti~ voted na later than December 3~ 1989. Notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild." The terms overbuild" as used herein shalt ,t mean paralleling with Feeder Line the Feeder Line of another franchised cable oper~to"r i` the unincorporated areas of the county in order to serve dwellings along the paralleled; Feeder Line already served by the other franchised cable operator, This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Gable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise. All such main trunk cable shall be built in accordance with a detailed map, schedule, and engineering plan to be supplied by the grantee prior to December 3l, 1987. This plan will demonstrate the adequacy of the trunk cable to meet the franchise requirements in the unincorporated areas of the county, and will apportion construction of the trunk mileage equally by year so as to bring about completion prior to December 31, 1993; relieve erantee of its responsibility and duty to build and activate no later than December 3_1 1989 the 17 miles of plant indicated in gink on Attachment A and 3. relieve grantee of its responsibility and duty to.parallel with its Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are .no .parallel Feeder Lines which areas when reached will=satisfy the density standards of this franchise. The following construction practices shall be followed: 1. Sae• To avoid or at least minimize the danger of cable breaks, grantee shall specify that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1~ of the spanned length. Preferred sag will be l.5$ to 2~ (22-30 inches in a 125-foot span). 2. Sleeved connectors. To minimize interference due to signal infiltration frr mobile transmissions, CB, amateur transmissions and strong local TV signals, connector,:`'. with integral internal sleeves will be used. 3. Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi-Seal, or Aqua-Seal or equivalent. 4. Li htenin and og,wer sure rotection. The following, oz its equivalent as certified to the County by a~qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, and gas ianizatior: devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated do power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diads, or 3-terminal regulator hybrid specially designed to provide current limiting, thermal overload protections, and maintain operation within safe limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. No drop lines shall be spliced. All installation standards and practices shall be "state-of-the-art." All installations shall be done in a workman-like manner using "state-of-the-art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the cou-'-- manager before construction commences. Any comments and recommendations made by the county manager. concerning this manual shall be considered .by grantee and if necessary t PAGE 11 meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee. All installations shall be supervised and inspected by grantee's engineers. ~~ - Y - A Cable service will be extended to ally dwelling units which fall within the ~ - cr't~ erion of a densi~ of ~ homes Qe,r_ mile o~ new ~lanlt construc,tion_~ Should service be desired ~ otentia subscribers who are livins ~n an area in which there are not 30 homes per mile of new ,plant construction service will be extended to them on the following-. shared-cost basil The estimated cost of extension/mile will be divided ~ 20 to obtain the cost per subscriber mile to be absorbed ~ Alert Cable. The estimated cost/mile divided ~ the numbe of petitioning potential subscr,iher_slmile minus the cost per subscriber,(mile t~ be absorbed ~ A ert Cable will be the amount/mile necessary to be paid ~ each o~ the etitionin potential subscribers. Alert Cable must acceQt a petition of petitionine subscribers rop~vid~ed each etitionin subscriber pays in advance and with the petition the first mont_h's service charges for whatever level of service subscribed) plus the installation fee for their home and executes a contract in a fozm approved in advance by Orange Count committing the petitioning subscriber to cable service for one ~ear• The contract may also require the payment of any Plant extension costs associated with tYie extension of cable, which payment m2Y b~e made payable a~ time after -construction is commenced ~ Alert. r As additional subscribers are added alone this shared-cost cable route. row-rat_,.ed amounts based on the ari~inal formula will be credited to the subscribers who have paid ~1ant extension charges previously in a shared-cost amount. provided these credits will only be made for subscribers added to the route within ten years of the original construction and urovided these new subscribers have maintained their subscriptions for at least one year._ This franchise ordinance amendment shall take effect immediately this 6th day of November, 1989, it having been adopted at two (2) regular meetings of the Board of Commissioners of Orange Gounty, North Garolina as provided by law. 6. TAX REFUNDS RE UEST - To approve thirteen request for refund of tax bills as listed below: NAME ACCT. ~ T AMOUNT Susan Martin 122322 $ 116.08 Robby C. Roberson 29463 94.10 Robert Scott Wittenstein 136321 17.50 Landwright Corporation 125712 852.35 Landwright Corporation 125713 823.48 Landwright Corporation 125714 823.48 Landwright Corporation 125715 823.48 Landwright Corporation 125716 852.96 _ ,. Landwright Corporation 125717 928.27 Landwright Corporation - 125719 823.48 Landwright Corporation 125720 823.48 Landwright Corporation 125721 792.66 Landwright Corporation 125722 92$.27 7. ANNUAL CONTRIBUTIOATS CONTRACT~SECTION 8 EXISTING HOUSING PROGRAM To adopt the resalution authorizing the Chair to sign the Annual Contributions Contract for the Section 8 Existing Housing Voucher Program and the Amendment to the Annual Gontributions Contract for the Section 8 Existing Gertificate Program on behalf of the Board. The Resolution is stated below: Whereas, the Orange County Housing Authority (herein called the "PHA") proposes to enter PAGE 12 into an Annual Contributions States of America, Department "Government"). Contract (herein called the "Contract") with the of Housing and Urban Development (herein called ~~-~ NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Gantract, numbered Contract No. A2903, is hereby approved and accepted Board of Commissioners is hereby authorized both as to form and substance and the Ghair, and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk, Board of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government tagether with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. CDBG ENZ'IRONMENTAL REVIEW RECORD/COMBINED NOT CE FOR CUL$RETH PARK To apprave and authorize the Chair to sign the Environmental Review Record fo.r the Culbreth Park Interim Assistance CDBG Program and authorize publication of a Combined Notice to the Public of No Significant Impact on the Environment and Request far Release of funds in the Durham Morning Herald on November 8, 1989. 9^~ RENCHER STREET CDBG FINANCIAL STATUS UPDATE Received as information the status of the Rencher Street CDBG Program. 10. HOUSING REHABILITATION CONTRACT AWARDS To award three housing rehabilitation Development Area as listed below: DWELLING UNIT BID AMOUNT X10 $ 8,675 ;25 19,945 #24 14,715 contracts for the Rencher Street Community CONTRACTOR Taylor Home Improvements Taylor Home Impravements Morrow Construction Co. 11. CBA E}:PANSION FUNDS To approve and authorize the Ghair to sign the agreement awarding to the Youth Services Task Force CBA Expansion Program Funds amounting to $3,399. J'~ 12. ORANuE COUNTY SCHOOL SYSTEMS CAPITAL PROJECT FUT~TDING REALLOCATIONS 1 To approve the funding reallocation request from Orange Gaunty.Schaols as lisle ': below and to adopt the capital project ordinances for these reallocations. PROJECT $OND PAY-AS-YOU-GO = Cameron Park Elementary $ 1,301,000 $ 101,000 Central Elementary 480,000 120,000 New Hope Elementary 2,000,000 100,000 Orange High School 300,000 A. L. Stanback 460,000 155,000 C. W. Stanford -0- 150,000 13. PEP.SONNEL OP.DINANCE P.MENDMENT REGARDING ELECTED OFFICIALS United. the i 'i.i - PAGE 13 Approve the addition of a new section to the Personnel Ordinance as stated below: Sectia ~6 - Notwithstanding the re.quireme~ts and entitlements of tie Pay Plan, the Position Classification Plan, the Classification and Salary~Plan and any other provision of this Ordinance, the salary, allowances and other compensation of the Register of Deeds and the Sheriff shall be fixed and established from time to time by the Board of Commissioners as provided-by N.C. Gen. Statutes 153A-92. 14~ ORANGE COUN ZONING ATLAS ~, Z-10-89 GAZWELL DEVELOPMENT. INC. To approve a rezoning request submitted by Cazwell Development, Incorporated to rezone several lots divided by the Orange County/Durham County line from Rural Buffer to Chapel Hi11 Residential R-lA. The property is located on the east side of Kerley Raad in Chapel Hill Township and contains 1.45 acres. VOTE: UNANIMOUS G,_ ITEMS FOR DECISION = REGULAR GA ENDA s P ELTMINARY SUBDIVISION PLATS _ RECONSIDERATION OF GRAND OAK ESTATES Planner Eddie Kirk stated that Grand Oak-Estates was approved by the Board on November 1, 1988. The 56-lot subdivision is located in Eno Township at the north-.east carnet of St. Mary's Road and Lipscomb Grove Church Raad. The Preliminary Plat was approved with the condition that a left turn lane on St. Mary's Road would be constructed after final plat approval of Phase I but before the final plat for Phase II is submitted. Communication with DOT an several occasions has resulted in the decision that a left turn lane is desirable and will increase the sight distance and safety at this location. The applicant still has reservations about the original requirement to construct a left turn lane. Mr. Gordon Johnson expressed concern about the sight distance. He feels the number of vehicles and the number of homes in the subdivision do not meet the criteria for a turn lane. If reducing the number of homes from 55 to 50 will relieve the applicant of this requirement, he would be willing to do so. The Administration recommends approval of the turn lane per the Planning Board recommendation. The Board discussed the traffic on St. Mary's Raad and the traffic pattern in that area. Gommissioner Hartwell stated he feels the turn lane is not needed. Motion was made by Commissioner Marshall, seconded by Chairman Caxey to approve the Turn lane as proposed by Dwight Kelly of DOT. VOTE: AYES, 4; NOS, l (Commissioner Hartwell) 2. ENHANCED 911 PROPOSAL The Enhanced 911 system was explained in detail. EMS Director Nick Waters explained that the total cost of this system, exclusive of the renovations to the building, is estimated at $625,000. If $625,000 were funded through subscriber charges, the effect on each telephone bill would be $ .65 per month. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to authorize the County Manager to sign a letter of intent wh~.ch requests the provision of E911 service from Southern Bell and set a public hearing for December 4, 1989 for the purpose of considering monthly subscriber charges of $ .50 as allowed by the Public Safety Telephone Act. VOTE: UNANIMOUS. 3. LIABILITY INSURANCE - EXCESS COVERAGE __._ Purchasing Director Pam Janes explained that the excess coverage amounting to four million would cast the County $30,968 annually. The additional prorated premium for the remainder of this year is $18,085. Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to ~i % ~' ,f3 PAGE 14 approve the purchase of excess liability and authorize the Purchasing and Central VOTE: UNANIMOUS insurance whose policy limit shall be $4 million, Services Director to procure the coverage. 4 PUBLIC EH -ARING ADVERTISEMENT FOR NOVEMBER 2_7,, 1989 JOINT MEETING Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the legal notice and items for discussion for the quarterly public hearing scheduled for November 27, 1989. VOTE: UNANIMOUS .' 5 ZDNING ORDINANCE TEXT AMENDMENTS _ ARTICLE 5.1.2 SCHEDUI,$ FOR NON-RESIDENTIAL DEVELOPMENT The proposed amendment to Article 5.1.2 would increase the FAR requirements in the RB, AR, R-1 and R-2 zoning districts to 0.088 for individual lots and ,100 for planned developments. The FAR requirements are the same as currently required for the R-3 district and are more in keeping with the actual floor area of existing facilities located in rural areas. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the proposed amendment to the Zoning Ordinance, Article 5.1.2 as recommended. VOTE: UNANIMOUS ' ADDED ITEM 6. REGIONAL TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY Motion was made by Commissianer Marshall, seconded by Gommissioner Halkiotis to set a public hearing for November 21, 1989 at 7:30 to hear public comment on organizing the Research Triangle Regional Public Transportation Authority and to appoint at that time a,.,._., member of the Board to serve on the authority and to adapt a resolution to indicate commitment to the authority. ;~ VOTE: UNANIMOUS H. APPOINTMENTS The Board appointed Mr. George Prillaman to the ABC Board for a full three year term. I. ADJOURNMENT With no further items for Board consideration, Chairman Moses Carey, Jr, adjourned the meeting. The next regular meeting will be held on November 21, 1989 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, NC. Moses Carey, Jz., Chairman Beverly A. Blythe, Clerk On February 8, the County Attorney asked that the following corrections be made to these minutes: Page 10, line 19, add to the end of that line "the feeder line" Page 10, line 3~+, correct County to county and correct lightening to lightning Fage 10, line [+8, add to the end of that line "techniques and "state-of-the-art"