HomeMy WebLinkAboutMinutes - 19891204 PAGE 1
APPROVED 12/19/89 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
DECEMBER 4, 1989
The Orange County Board of Commissioners met in regular session on Monday,
December 4, 1989 in the Courtroom of the Old Courthouse, Hillsborough, NC.
BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen
Halkiotis, John Hartwell, Shirley E. 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 Baker,
Commission for Women Coordinator Hope Bethea, Clerk to the Board Beverly A.
Blythe, Administrative Secretary Loretta Coble, Purchasing Director Pam Jones,
Public Works Director Wilbert McAdoo, Sheriff Lindy Pendergrass, Social Services
Director Marti Pryor-Cook, EMS Assistant Jeanette Smith, Planners Mary Scearbo and
Emily Crudup, and EMS Director Nick Waters.
NOTE: ALL COPIES OF DOCUMENTS REFERENCE IN THE MINUTES ARE IN THE PERMANENT AGENDA
FILE IN THE CLERK'S OFFICE.
A. BOARD AND MANAGERS COMMENTS
Chair Carey announced that OWASA is sponsoring a joint dinner meeting with
Carrboro, Chapel Hill and Orange County on January 31. He asked the Board members
to let him know .of any agenda items for that meeting.
Commissioner Hartwell removed F6 from the Consent Agenda for a brief
discussion.
B. PUBLIC COMMENTS
1. Matters on the Printed Agenda
Those who have indicated a desire to speak will be recognized at the
appropriate time.
2. Matters not on the Printed Agenda
None
C. MINUTES - None
PUBLIC CHARGE
Chairman 'Moses Carey, Jr. read the Public Charge.
BOARD ORGANIZATION
1. ELECTION 0 CHAIR AND VICE CHAIR
Ballots were distributed by the Clerk to the Board. Moses Carey, Jr. was
elected Chair and Stephen Halkiotis was elected Vice-Chair.
2. DESIGNATION OF VOTING DELEGATE FOR ALL NCACC AND NACo MEETINGS FOR
CALENDAR YEAR DECEMBER 1 1989-1990
Nomination was made by Commissioner Halkiotis, seconded by Commissioner
Marshall to designate Don Willhoit as the voting delegate for all NCACC and NACo
1
meetings for the year beginning December 1, 1989.
VOTE: UNANIMOUS.
APPOINTMENTS
1. MANAGER
Motion was made by Commissioner Hartwell, seconded by Commissioner . .
Willhoit to appoint John M. Link, Jr. as County Manager.
VOTE: UNANIMOUS.
2 CLERK TO THE BOARD
Motion was made by Commissioner Marshall, seconded by Commissioner
Halkiotis to appoint Beverly A. Blythe as Clerk to the Board.
VOTE: UNANIMOUS.
3 COUNTY ATTORNEY
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Marshall to appoint the firm of Coleman, Bernholz, Dickerson, Bernholz, Gledhill
and Hargrave as the legal representative for the County.
VOTE: UNANIMOUS. - r
4 BOARD MEMBER APPOINTMENTS
The Board Member Appointments remained the same.
PUBLIC HEARING AND DECISION
2 ENHANCED 911 ORDINANCE
This item was presented for receipt of citizen comments. The Ordinance
as proposed would impose the provision of NC General Statue 62A-1 et sea. known as
the Public Safety Telephone Act. A local county ordinance is required to impose
the provision of the Act on the telephone subscribers. The ordinance will assess
each subscriber a fee of $ .50 per month, beginning in April 1990.
THERE WERE NO CITIZEN COMMENTS.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to close the public hearing.
VOTE: UNANIMOUS.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to adopt the E-911 Ordinance as stated below and included in the County
Ordinance Book.
AN ORDINANCE FOR ORANGE COUNTY WITH RESPECT TO
IMPOSING A MONTHLY 911 CHARGE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY:
A. Definitions
As used in this ordinance:
(1) "911 System" or "911 Service" means an emergency telephone system
that provides the user of the public telephone system the ability to
reach a public safety answering point by dialing the digits 911.
The term "911 System" or "911 Service" also includes "Enhanced 911
service" , which means an emergency telephone system that provides
the user of the public telephone system with 911 service and, in
addition, directs 911 calls to appropri-public safety answering
points by selective routing based on the geographical location from ,
which the call originated and provides the capability for automatic
number identification and automatic location identification
features. . .
(2) "911 Charge" means a contribution to Orange County for the 911
service start up equipment costs, subscriber notification costs,
addressing costs, billing costs, and non recurring and recurring
installation, maintenance, service, and network charges of a service
supplier providing 911 service.
(3) "Exchange access facility" means the access from a particular
telephone subscriber' s premises to the telephone system of a service .
supplier. Exchange access facilities include service supplier
provided access lines, PBX trunks and centrex network access
registers, all _as defined by tariffs of the telephone company as
approved by the North Carolina Utilities Commission. Exchange _
access facilities do not include service supplier owned and operated
telephone pay station lines, or Wide Area Telecommunication Service
(WATS) , Foreign Exchange (FX) or incoming only lines.
(4) Public Safety. Telephone Act means N. C. General Statute 62A-1 et
sea .
(5) "Service Supplier" means a person or entity who provides exchange
telephone subscriber.
(6) "Telephone Subscriber" or "Subscriber" means a person or entity to
whom exchange telephone service, either residential or commercial,
is provided and in return for which the person or entity is billed
on a monthly basis. When the same person, business, or organization
has several telephone access lines, each exchange access facility
shall constitute a separate subscription.
B. Effective April 4, 1990, there is imposed a monthly 911 service charge, in the
amount specified in Subsection C of this ordinance, upon each exchange access
facility subscribed to by telephone subscribers whose exchange access lines
are in the area served by the 911 service in Orange County.
C. The monthly 911 charge is fifty cents ($.50) for each exchange access facility
subscribed to by a telephone subscriber whose exchange access line or lines
are located in Orange County which are in the area served by 911 service.
D. Service suppliers will be responsible for collecting and remitting to the
County the 911 charges as provided by the Public Safety Telephone Act.
E. Revenues derived from subscriber charges will be used solely for emergency
telecommunications as allowed in the Public Safety Telephone Act, and may
include: 911 start-up equipment costs, subscriber notification costs,
addressing billing costs, and nonrecurring and recurring installation,
maintenance, service cost, and dispatch consoles.
F. Administration and collection activities to enforce and give effect to the
provisions of this ordinance shall be conducted ursuant to the provisions of
the Public Safety Telephone Act. - Y
VOTE: UNANIMOUS.
D. RESOLUTIONS OR PROCLAMATIONS
1. SPECIAL RECOGNITION - - FRIENDS OF BLACK CHILDREN
The Friends of Black Children Program was developed to respond to the
growing number of Black children who did not have permanent homes. Reverend George
Allison explained that the program has two councils, one active in Northern orange
County and one active in Southern Orange County. He stated that because of her
strong efforts at starting up this new Orange County program, Janice Peele received
the Friends of Black Children Annual Social Worker of the Year Award for 1989.
Chairman Moses Carey acknowledged the hard work of the two councils and
presented Janice Peele with an award for her enthusiasm and leadership which has
helped the program get off to a successful first year.
E. REPORTS
1. ANNUAL REPORT FOR ORANGE COUNTY COMMISSION FOR WOMEN
Ann Loeb, Chairperson for fiscal year 1988 presented the annual report
for the Orange County Commission for Women. The report in its entirety is in the
permanent agenda file in the Clerk's Office.
2. STATUS OF OLD COURTHOUSE LANDSCAPING PLANS
Architectural Consultant Norma White presented with the use of overhead
transparencies the Old Courthouse Landscaping Plans. The summary is included in
the agenda abstract. The project indicates a four phase plan.
Discussion ensued on whether or not to remove the dying trees or replace
them at the time the walk is repaired and also with what materials to repair the
walk. The administration will bring back to the Board figures for replacing the
walk using different materials.
The County has budgeted $27,000 in the current year budget and it was the
consensus of the Board to budget a similar amount in the next three budgets. The
remainder of the money should be raised by contacting other outside resources for
contributions to this project.
F. ITEMS FOR DECISION--CONSENT AGENDA
Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to
approve all the items on the Consent Agenda as stated below except #6.
1 BOARD OF COMMISSIONERS MEETING SCHEDULE FOR CALENDAR YEAR 1990
To approve the Meeting Schedule for 1990 as submitted and on file in the
Clerk's Office and posted on the Courthouse bulletin board.
2. NOTICE--ESTABLISH THE SALARY OF ELECTED OFFICIALS
To approve the resolution as stated below which provides notice of
adjustment in salary for the Register of Deeds and Sheriff positions.
RESOLUTION GIVING NOTICE TO ALL CANDIDATES FOR
THE REGISTER OF DEEDS AND SHERIFF POSITIONS
IN ORANGE COUNTY
ISSUE
The Orange County Board of Commissioners, as authorized by North Carolina General
Statutes 153A-92, have set the starting salaries for th�egister of Deeds and
Sheriff positions are as set forth below. This will affect the individuals elected
to these offices when they take office. All other compensation elements including
expense allowances are as now set forth in the Orange county Personnel Ordinance.
The starting salary for the Sheriff' s position will be $46,994.00, which is grade
80, step 3A of the 1989-90 Orange County salary plan. The starting salary for the
Register of Deeds position will be $42,625.00 which is grade 78, step 3A of the
1989-90 Orange County salary plan.
This resolution will not be altered or amended until after the persons elected
Sheriff and Register of deeds in the 1990 election for those positions take office.
Thereafter, the Board of Commissioners may adjust the starting salary of the
persons elected considering the years of service and performance of the person
elected.
3• PROFESSIONAL SERVICES CONTRACT--PEDIATRICS
To approve the renewal and to authorize the Chair to sign a contract
between the Department of Pediatrics at the UNC School of Medicine and Orange
County to provide qualified clinicians to oversee treatment in the child health and
adolescent clinics'.of the health department.
4. BUDGET ORDINANCE AMENDMENT #5
To approve amendments to the 1989-90 Budget Ordinance as stated below:
GENERAL FUND $ 3,399
Source - Intergovernmental
Appropriation - Contributions to Outside Agencies 3,399
(To budget CBA expansion funds for Volunteers for Youth)
Source - Intergovernmental $ 27 ,988
Appropriation - Human Services $ 27 ,988
(to budget for additional Social Services funding)
Source - Charges for Services $ 74,550
Appropriation - public Safety 74,550
(to budget for NCMH Neo-natal Ground Transfer Service Contract)
SCHOOL CAPITAL RESERVE FUND
Source - Appropriated Fund Balance $735,840
Appropriation - Transfer to General Fund 735,840
(To correct original Budget Ordinance)
5. GRANT PROJECT ORDINANCE--ENERGY CONSERVATION AND HOUSING REHABILITATION
INCENTIVE PROGRAM
To approve the extension of the grant period and authorize the County
Manager' s signature accepting it and to approve the grant project ordinance as
stated below for the Energy Conservation and Housing Rehabilitation incentive
Program.
GRANT PROJECT ORDINANCE
ENERGY CONSERVATION AND HOUSING REHABILITATION INCENTIVE PROGRAM
Be it ordained by the Board of Commissioners of Orange County, North Carolina that
pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina,
the following grant project ordinance is hereby adopted'..-
Section 1: The project authorized is the Energy Conservation and Housing
Rehabilitation Incentive Program described in the Funding Agreement Number 88-5727,
as amended, between this unit and the North Carolina Housing Finance Agency.
Section 2. The officers of this unit are hereby directed to proceed with the grant
project within the terms of the grant document(s) , the rules and regulations of the
North Carolina Housing Finance Agency and the budget contained herein.
Section 3. The following revenues are anticipated to be available to complete this
project:
Energy Conservation/Housing Rehab $147,100
Section 4. The following amount is appropriated for the project:
Incentive Programs $147,100
Section 5. The finance officer is hereby directed to maintain within the Low
Income Housing Fund sufficient specific detailed accounting records to provide the
accounting to the grantor agency required by the grant agency and federal and state
regulations.
Section 6. Funds may be advanced from the General Fund for the purpose of making
payments as due. Reimbursement requests should be made to the grantor agency in an
orderly and timely manner.
i
Section 7. Copies of this grant project ordinance shall be made available to the
finance officer for direction in carrying out this project.
Adopted this 4th day of December, 1989.
6. BID AWARD--JAIL RENOVATIONS
This item was removed from the Consent Agenda and placed as item G.O.
7. APPROVAL OF REVISIONS TO COG AGING SERVICES CONTRACT
To approve the revisions and authorize the Chair to sign the contract
with Triangle J Council of Governments for aging services. The revisions include
changing Section 11 of the contract to allow sliding fees for state funded respite
care and to provide additional unbudgeted state funds (attachments A) for SSBG
Respite ($3,454) , III-D Supplement Home Repair ($2,307) , In Home Chore ($8,308) ,
Caregiver Support Respite ($7,050) , Caregiver Support Medical Transportation
($6,000) and State Senior Center Outreach ($3,739) .
8. APPROVAL OF A TRANSPORTATION AGREEMENT FOR NCDOT SECTION l8 FUNDS
To approve and authorize the Chair to sign a Transportation Agreement for
NCDOT Section 18 Funds. The agreement awards Orange County $54,075 for the
purchase of two standard vans and the rehabilitation of three C.A.T. vans with
lifts. The total award includes a local 10€ matching fund provided by CAT
agencies.
9. APPROVAL OF PROVIDER AGREEMENTS FOR ELDERLY CHORE SERVICE
•
To approve and authorize the Chair to sign two provider agreements for
Elderly Chore Service -- The Right Staff and Personalized Patient Home Assistance.
Triangle J Council of Governments will provide $8,308 '‘t1,-Arange County from a state - .
In Home Services Chore fund. There is no local match required.
10 APPROVAL a PROVIDER AGREEMENTS FOR ELDERLY RESPITE CARE PROGRAM
To approve and authorize the Chair to sign four provider agreements for
Respite Care -- Home Health Agency of Chapel Hill, The Right Staff, Personalized
Patient Home Assistance, and the Women's Health Resources. Triangle J Council of
Governments will provide a total of $12,317 to Orange County from three respite
care funds. There is a $625 local match which is budgeted by the Department on
Aging.
VOTE: UNANIMOUS
G. ITEMS FOR DECISION--REGULAR AGENDA
0 BID AWARD _ JAIL RENOVATIONS
The total project cost is $603,825 with $382,000 budgeted from County
funds and $200,000 in grant funds from the Federal Marshall' s office. This leaves
$21,825 short which would`nee`d to come from the Commissioner' s Contingency fund.'
Commissioner Hartwell questioned the money coming from Contingency and
asked about the likelihood that this would be received from the Federal Marshall' s
office. Sheriff Pendergrass indicated that he talked with that office today and
feels confident that this shortfall will be funded. He should know something more
definite when the Commissioners approve the contract.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Marshall to award the bid for jail renovation as listed below and to approve the
transfer from the Contingency Fund of $21,825 if alternative funding sources are
not available.
Riggs-Harrod Builders , Inc. $ 443,520
Brown Brothers Plumbing and Heating Co. , Inc. $ 25,482
Carolina Air Conditioning Co. , Inc. $ 43,690
Comfort Engineers, Inc. $ 36,240
VOTE: UNANIMOUS.
1. SEARLE FARMS - PRELIMINARY PLAN
This item was presented for consideration of Board approval. The
property is located on the south side of New Hope Church Road west of the
intersection with I-40 in Chapel Hill Township. The Joint Planning Area Land use
Plan designation for this tract is Agricultural. The zoning is Rural Buffer with a
portion located in the Major Transportation Corridor overlay district. Thirty-one
(31) lots are proposed out of a total acreage of 82.34.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Marshall to approve the Preliminary Plat of Searle Farms Subdivision as recommended
by the Administration, containing 31 lots, subject to the fulfillment of
requirements specified in the resolution attached to these minutes on pages
All roads shall be constructed to standards of the North Carolina Department of
Transportation. By approval of this resolution, the Orange County Board of County
Commissioners hereby accepts the irrevocable offer of dedication for Greenbrae
Lane, Highland Mine Trail, and Spring Cove Court upon recordation without
maintenance responsibility.
VOTE: UNANIMOUS
2 COMMISSIONERS' POLICY AND PROCEDURES MANUAL _ ORDER OF BUSINESS
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the "Order of Business" in the Bold*s Policy and procedures,
manual as stated below: -
A. Board Comments
B. County Manager's Report
C. Additions or Changes to the Agenda
D. Audience Comments
1. Matters on the Printed Agenda
2. Matters not on the Printed Agenda
E. Items for Decision - Consent Agenda
F. Resolutions or Proclamations
G. Special Presentations
H. Public Hearings
1. For citizen comments - no decision
2. For citizen comments and a decision
I. Reports
J. Items for Decision - Regular Agenda
K. Appointments
L. Minutes
M. Executive Session
N. Adjournment
VOTE: UNANIMOUS
3 . ELECTRONIC HOUSE ARREST SEE, SCHEDULE
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Hartwell to approve a daily fee of $12.50 per day per participant for all
individuals using the electronic House Arrest Program.
Lj VOTE: UNANIMOUS
4. ORANGE COUNTY' S ENCROACHMENT AGREEMENT AT 911 SITE
Motion was made by Commissioner Hartwell, seconded by Chairman Carey to
table this item until the next meeting.
VOTE: UNANIMOUS
H. APPOINTMENTS - None
EXECUTIVE SESSION
Motion was made by Commissioner Marshall, seconded by Chairman Carey to go
into Executive Session to consider a property matter.
VOTE: UNANIMOUS
Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall
to go back into regular session for adjournment.
VOTE: UNANIMOUS
I. ADJOURNMENT
With no further business to come before the Board, Chairman Moses Carey
adjourned the meeting. The next regular meeting will be held on December 19, 1989
at 7:30 in the Courtroom of the old Post Office, Chapel Hill, North Carolina.
Moses Carey-, Jr. , Chair
Beverly A. Blythe, Clerk
1 !
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMSISSIONERS
Date October 10, 1989
Name of Subdivision Searle Farms
Owner/Applicant Dr. Richard S . Lotwin
The Board of County Commissioners hereby approves the Preliminary Plat
of Searle Farms Subdivision recommended by the Administration,
containing 31 lots, subject to the fulfillment of requirements
specified herein.
All roads shall be constructed to standards of the North Carolina
Department of Transportation. By approval of this resolution, the
Orange County Board of •County Commissioners hereby accepts the
irrevocable offer of dedication for Greenbrae Lane, Highland Mine
Trail, and Spring Cove Court upon recordation without maintenance
responsibility. Before the Final Plat of any phase of Searle Farms can
be recorded:
A. Sewage Disposal
1 . Septic easement(s ) shall be provided for lots 21, 22, 25, 26,
and 27 on the common open space as indicated on the
Preliminary Plat. The easements and their conditions shall
be contained in the development restrictive covenants . A
reference to the restrictive covenants shall be included in a
document describing development restrictions to be recorded
concurrently with the Final Plat.
2 . Construction plans for the private community water system
shall be approved by the NC Department of Human Resources
Division of Environmental Health and submitted to the
Planning and Inspections Department.
3. Disclosure that the septic system location may restrict the
size and location of improvements . This disclosure shall be
included in a document describing development restrictions to
be recorded concurrently with the Final Plat. The document
shall also disclose that information regarding the tentative
location of septic systems is available from the Orange
County Health Department, Division of Environmental Health.
4. Submit plans for installation of septic systems for lots 21,
22, 25, 26, and 27 with drainage fields located in easements
on the common open space. All 5 systems shall be installed
simultaneously and shall be enclosed with a fence to prohibit
uses which may result in compaction of soils .
5. Indicate access easements for installation, monitoring and
repair of remote septic lines and drainage fields, in
addition to the community well.
6. Iron pipes shall be used to connect the septic tanks on lots"
21 and 22 with their septic easements .
B. Roads
1. Greenbrae Lane, Highland Mine Trail, and Spring Cove Court
shall be contained within 50 foot rights-of-way and shall be
constructed to standards of the North Carolina Department of
Transportation
OR
A letter or credit, escrow agreement, or bond shall be
submitted to secure for future improvement/construction of
Greenbrae Lane, Highland Mine Trail, and Spring Cove Court to
the standards of the North Carolina Department of
Transportatiohri. An estimate of the construction cost must be
prepared by a certified/licensed engineer or grading
contractor and submitted to the Planning Department. The
financial guarantee must reflect 110% of that estimate and be
issued by an accredited financial institution.
2 . Submit an erosion control plan for construction of the roads,
and for installation of the septic systems for lots 21, 22,
25 , 26, and 27 . The erosion control plan shall indicate that
all 5 of those systems for sewage disposal are to be
installed simultaneously.
3 . A 10 'x70 ' sight triangle shall be shown at the entrance to
the subdivision‘ and dedicated with 5 ' of additional right-of-
way on New Hope Church Road (SR 1723 ) .
C. Land Use Buffers and Landscaping
1 . Revise the landscape plan to indicate proposed plantings
necessary to meet the requirements of Section IV-B-8-d-1 of
the Subdivision Regulations .
2 . Landscaping shall be installed or preserved as indicated on
the approved landscape plan and must be inspected and
approved by the Planning and Inspections Department.
OR
The applicant shall secure landscape requirements through a
letter of credit, escrow agreement, or bond. An estimate of
the cost for required plantings must be provided. The
financial guarantee shall reflect 110% of the estimate. A
Letter of Credit shall be issued by, or the escrow agent
shall be a bank or Savings & Loan Association licensed to do
business in North Carolina.
3. Provisions for protection of existing trees as shown on the
approved landscape plan shall be included in a document
describing development restrictions and requirements to be
prepared by Planning Staff and recorded concurrently with the
Final Plat.
4. A Type A Land Use Buffer shall be provided along New Hope
Church Road (SR 1723 ) . The buffer shall be 30 feet in width
and provide sufficient vegetation to meet the standards of
Section IV-B-8-e. The existence of the buffer shall be noted
on the plat, and described in a document describing
development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
D. Drainage
1 . The floodway and floodway fringe of New Hope Creek shall be
noted on the face of the Final Plat. Development
restrictions within the floodplain shall be specified in a
document describing development restrictions and requirements
to be prepared by Planning Staff and recorded concurrently
with the Final Plat.
2 . Indicate a 30 ' drainage easement along the intermittent
stream which .flows north-south in the eastern portion of the
subdivision. Locate additional drainage easements as
required following review and approval of the Erosion Control
Plan.
E. Parkland
1. The applicant shall dedicate to Orange County 3 . 48 acres of
parkland located fifty feet (50 ' ) wide adjacent to New Hope
Creek along the entire southern boundary of the subdivision
as shown on the Preliminary Plat. This dedication also
includes a 30 ' .public pedestrian access easement from the
cul-de-sac on Greenbrae Lane to the greenway. Approval of
the preliminary plat by the Board of County Commissioners
shall constitute the acceptance of the dedication.
2. The entirety of the open space shall be irrevocably dedicated
to the homeowners association for recreation/open space use
by residents of the subdivision.
3. Submit a plan showing required recreation improvements in
accordance with Section IV-B-7-b.
4. Delete note on preliminary plan which indicates that Orange
County will provide picnic tables and passive recreation use
in the area dedicated for public greenway.
F. Miscellaneous
1. The Final Plat shall contain a title block and vicinity man
in accordance with Section V-D-2 and V-D-3 of the Orange
County Subdivision Regulations .
2. The following natural and man-made site features shall be
shown on the plat:
a. Intermittent Stream
b. Existing Pond
c. New Hope Creek
d. Overhead Utility Lines (if they are to remain)
e. Existing House to Remain
4.
3. The following easements shall be shown on the plat:
- Existing access easement on western subdivision boundary
- 30' pedestrian public access easement . •
- 30' drainage easements as required by Ornage County
Erosion Control
- Existing overhead powerline easements (if lines are not
buried)
- Conservation easement as negotiated with Triangle Land
Conservancy or with Orange County (or other entity)
- Easements for septic lines and drainage fields for lots
21, 22 , 25 , 26, and 27
- Access easements to septic fields and to community well .
4 . A setback of 30 feet shall be maintained as measured from the
edge of right-of-way of New Hope Church Road. Side yards
shall be a minimum of 10 feet, and rear yards a minimum of 10
feet except where the lot line forms an exterior boundary of
the subdivision, in which case the minimum side and rear
setback is 20 feet. These setback requirements shall be
stated on the plat, and in a document describing development
restrictions and requirements to be prepared by Planning
Staff and recorded concurrently with the Final Plat.
5 . Access to all lots shall be restricted to the new subdivision
roads.
6. Receive final approval of deeds , conservation easement,
septic easement agreements, restrictive covenants, homeowners
association documents, and Articles of Incorporation from the
County Attorney.
7 . Pursue negotiations with Triangle Land Conservancy or other
qualified public/private entity for dedication of the
conservation easement as shown on the preliminary plan.
Submit final copy of the easement agreement to Orange County
for review. Such agreement shall include the following:
a. a If the easement is dedicated by the current owner, all
residents of the subdivision shall be allowed to access
the conservation easement.
b. Orange County shall be designated alternate Grantee in
the event Triangle Land Conservancy ceases to exist or
no longer desires to hold the conservation easement, or
is no longer qualified as Grantee.
c. Include in the inventory of relevant features that the
easement is adjacent to the Orange County public
recreation space.
d. The conservation easement shall exclude the area
described in the dedicated 30 ' pedestrian access
• easement.
8. A 30' pedestrian public access easement shall be shown on the
plat connecting the cul-de-sac on Greenbrae Lane to the
greenway along New Hope Creek. The pe4utrian easement shall
be marked with 4x4 pressure treated posts located on both
sides at 25 ' on center (without concrete footings) . Signs
shall be placed at the road right of way, edge of woods, and
edge of greenway to designate limits of public access . The
pedestrian public access easement shall be included in the
dedication of 3 .48 acres to Orange County for public
recreation/open space purposes .
9 . If a conservation easement is not negotiated, the area
proposed as easement shall be included in the recreation
dedication to Orange County.
10. Lot 28 shall meet minimum lot width requirements,
G. Certifications
1. A Certificate -of-Survey and Accuracy signed by a registered,
Land Surveyor shall be notarized on the face of the Final
Plat. •
2 . A Certificate of Dedication and Maintenance in the form
provided in Section V-D-6-b of the Orange County Subdivision
Regulations signed by the landowner and the developer, shall
be on the face of the Final Plat and included in a document
describing development restrictions to be recorded
concurrently with the Final Plat.
3 . The Department of Environmental Health shall certify that
the common open space contains an easement for each of the 6
residential lots (21, 22, 25, 26, 27 ) of sufficient area for
. septic disposal and repair and that all other residential
lots contain sufficient area for septic tank disposal and
repair.
4 . The North Carolina Department of Transportation shall certify
that construction plans for Greenbrae Lane, Highland Mine
Trail, and Spring Cove Court have been approved.
5. A Certificate of Approval signed by the Orange County
Planning Department.
Signature of Applicant Clerk to the Board
1, , accept the above listed conditions of
subdivision approval, and acknowledge that each must be met prior to
recordation of the final plat.
this problem. He continued that there were two
entrances to the subdivision, and he felt there
was no major safety problem. He was concerned
with destroying the workwhich had been completed
on the entrance in orde 'o install a left turn ._.
lane which he felt was unnecessary.
Best stated that St. Mary' s Road is a major .
arterial and with the constant increase in the. -
amount of traffic, the installation of left turn
lanes would help keep traffic flowing.
Mr. Johnson noted again that two entrances to the
subdivision would keep traffic flowing.
MOTION: Best moved approval with the condition of a left
turn lane as recommended by the Planning Staff .
Seconded by Abrams .
VOTE: Unanimous .
Et>
(2 ) Searle Farms
(31 Lots - Chapel Hill Township)
Presentation by Emily Crudup.
The property is located on the south side of New
Hope Church Road (SR 1723 ) west of the
intersection with. I-40 in Chapel Hill Township.
It is also adjacent to New Hope Creek where there
is considerable floodplain. The joint Planning
Area Land Use Plan designation for this tract is
Agricultural. The zoning is Rural Buffer with a
portion located in the Major Transportation
Corridor overlay district. Adjacent land uses
are residential, agricultural, and undeveloped
property. The 1987 traffic count for New Hope
Church Road was approximately 850 trips per day.
The total acreage of the tract is 82 . 34 acres
including the State Road right-of-way. Thirty-
=' one (31) lots are proposed which are all over
one-acre in size. The remaining acreage is to be
preserved in open space (33 .24 acres ) . The lots
will be served by public roads and individual
septic tanks . Lots 21, 22 , 25, 26, and 27 will
have easements on the common open space for
septic tank disposal. This arrangement has been
given preliminary approval by the Orange County
Division of Environmental Health.
In addition, each lot will have an individual
connection to a community water system. This
- system will be permitted by the NC Department of
•
Human Resources, Division of Environmental
Health, pending approval of construction plans .
and chemical tests of the water. It will be
monitored and opera;eda public utility
company licensed by the State.
The concept plan for Searle Farms was approved on
April 4, 1989 with the following conditions : . .
1 . All lots shall have access restricted to the
new subdivision roads .
2 . Dedication of recreation/open space including
the 100-year floodplain along New Hope Creek
as well as pedestrian access to the
subdivision (specific boundaries of the
dedicated area to be determined following
site evaluation by Orange County Recreation
and Parks Department) .
The applicant has proposed to dedicate to Orange
County a 50 ' strip of land adjacent to New Hope
Creek along the entire southern boundary of the
subdivision. A conservation easement has been
volunteered which varies in width and runs
• approximately parallel to the 100-year floodplain
between the dedication to Orange County and the
edge of woods . Preliminary negotiations have
begun with Triangle Land Conservancy for
acceptance of the easement. A 25-page mode
conservation easement document was submitted ' y
with the preliminary plan. Crudup distributed
copies of the letter received today from Triangle
Land Conservancy accepting the Searle Farms
conservation easement.
Review comments have been addressed by conditions •
included in the Resolution of Approval (copy an
attachment to these minutes on pages ) .
Provisions have been added to insure adequacy of .
the proposed easements for septic tank disposal.
Other conditions address the recreation
" . dedication, the pedestrian easement, as well as
the conservation easement. An erosion control
plan will be required for road construction and
installation of septic systems requiring
easements .
The Planning Staff recommends that the
preliminary plan for Searle Farms be approved
through the Resolution of Approval.
Best asked about the Resolution of Approval and
. Crudup responded that it was the same form as the
Subdivision Approval Permit.
Best questioned the septic easement and Crudup
explained the amount of clear-M-7g that would have
to be done to take care of the sewer easements .
MOTION: Eddleman moved approval as recommended by the
Planning Staff with conditions as contained in
the Resolution of Approval. Seconded by Boland.
VOTE: 8 in favor.
1 opposed (Best opposed to sewer easements . )
1 abstained (Yuhasz - due to professional
conflict of interest. )
c. inal Plats (54 Lots)
( 1 Highwoods (formerly Laws Estate)
18 Lots - Little River Township)
MOTION: Best mg.ved approval as recommended by the
Planning. Staff pending the County Attorney's
approval .f the notice of restricted development
potential . Seconded by Boland.
VOTE: 9 in favor.
1 abstained (vuhasz - due to professional
conflict of in erest. )
(2) Chestnut Wo. s
(7 Lots - Bin _ham Township)
MOTION:
Best moved approval as recommended by the
Planning Staff. Seconded by Eddleman.
y acleman.
VOTE: 9 in favor.
1 abstained (Yuhasz - du- to professional
conflict 'of interest. ) -
(3 ) Section Two Nichols Pla
(14 Lots - Little River •wnship)
MOTION: - Best moved approval as r the
_�- Planning Staff. Seconded by Bur el by
i .
VOTE:
9 in favor.
1 abstained (Yuhasz - due to proles -ianal
conflict of interest. )
(4) Phase - II Heartwood
(15 Lots - at Blackwood Mo,rtair.)
Chapel Hill Township)
Best moved approval with L following
conditions as recommended yby the Planning Staff:
•