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HomeMy WebLinkAboutMinutes - 1994100595 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 5, 1994 The Orange County Board of Commissioners met in regular session on Wednesday, October 5, 1994 at 7:30 p.m. at the Old Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members are identified appropriately below) NOTE: All documents referred to in these minutes are in the permanent agenda file in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey added to the agenda an appointment for the Human Relation Commission. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that citizens who want to speak to items on the rinted agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS Chair Carey made comments about the Public Private Partnership (PPP) trip to Bloomington, Indiana where the University of Indiana is located. The meeting focused on the needs of youth. He feels the meeting was successful. Commissioner Insko also attended the meeting. She feels that the youth must have a safe environment in which to solve their own problems and that it is important to listen to the youth and what they are saying. IV. COUNTY MANAGER'S REPORT County Manager John Link also made comments about the PPP conference. He informed the Board that a workshop will be held for all candidates to inform them of the rules and regulations for placing political signs. Wilbert McAdoo presented each County Commissioner a sticker for using the County's Convenience Centers. These will be distributed to citizens who use these sites. V. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION FOR NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH 96 Mr. Warren R. Jones, Co-Chair of the Orange County Disabilit, Awareness Council made comments. He emphasized that citizens with disabil;yJ.es want to work. A motion was made by Commissioner Halkiotis, seconde:u bl commissioner Gordon to adopt the proclamation as stated below: P R O C L A M A T I O N NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 1994 WHEREAS, the United States has been at the forefront of civil and humar rights of individuals since its inception. As our nation anc culture have matured, it is only natural that we have begun tc recognize and ensure the inalienable rights of people wits disabilities, as demonstrated by passage of the Americans witt Disabilities Act (ADA) which Orange County is committed to full compliance, and WHEREAS, America needs the knowledge, skill, talent, and productivity of our 49 million people with disabilities to help energize our economy. Providing people with disabilities the opportunity to work will hell reduce the more than $300 billion spent annually in public assistance and lost productivity, and WHEREAS, people with disabilities represent the nation's largest pool of talented, skilled, knowledgeable, and hard working individual Inc are diverse and who encompass the full spectrum of race, rel -.,,a, national origin, age and gender, and WHEREAS, it is important for Orange County to move purposefully towarc diversity in the workplace and elsewhere in society not only because it is right and just, but also because it is economically sound. In these days of tremendous national and international economic challenges, we can ill afford to waste the productivity of anyone. We have learned that people with the severest disabilities car learn, work, pay taxes, buy goods and services, and be self- supporting, given the appropriate opportunities, and WHEREAS, the Congress, by joint resolution, has called for the designation of October as "National Disability Employment Awareness Month" and , WHEREAS, Governor James B. Hunt of North Carolina has also proclaimed the month of October as "National Disability Employment Awareness Month, and asked that this be a special time for all citizens in Nortl Carolina to recognize the tremendous potential of citizens witl disabilities and the quality they contribute to our culture. It is a time to renew our commitment to full inclusion and equal opportunity for them, as for every citizen. NOW, THEREFORE, BE IT RESOLVED that on behalf of the citizens of Orange County, the County Commissioners proclaim October, 1994 as "Disal_ t3 Employment Awareness Month in Orange County" and call on al_ ne citizens in Orange County to observe this month with appropriat( 9'7 programs and activities that affirm our determination to fulfill the promise of the Americans with Disabilities Act and achieve full employment for people with disabilities. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. PUBLIC HEARINGS A. CABLE TV FRANCHISE RENEWAL Albert Kittrell said that the Cable TV Franchises with Time Warner Cable (Cablevision) and Cablevision Industries (CVI) will terminate on February 24, 1996. The 1992 Cable Act requires the franchising authority to conduct public proceedings to identify future cable-related community needs and interests and to review past related community needs and interests and review past performance of cable operators. Another public hearing will be held in 1995 on the proposal received from both cable companies. THERE WERE NO PUBLIC COMMENTS AND NO QUESTIONS A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS NOTE: Written comments will be received through October 12 VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Willhoit, seconded by commissioner Halkiotis to approve the Consent Agenda as listed below: A. HAZARDOUS MATERIALS GRANT AWARDS The Board accepted two grants from the State of North Carolina Division of Emergency Management which will be used to assist local governments with monitoring and regulating the transportation of hazardous materials through Orange County and authorized the Manager to execute all documents pertaining to the grants. B. HOUSING REHABILITATION CONTRACT AWARDS The Board awarded the following rehabilitation contracts: DWELLING UNIT BID AMOUNT CONTRACTOR #11 $ 22,900 Orange-Chatham Home Repair 116 $ 8,435 MDH Construction Company C. AWARD OF BIDS FOR THE CONSTRUCTION OF THE NEW WASTE TREATMENT SYSTEM AT NORTHERN HUMAN SERVICES CENTER The Board authorized the Purchasing Director to award a bid and execute the necessary paperwork for the construction of the waste treatment system for the Northern Human Service Center. 98 D. KENNETH D. SOUTHARD & FAYE M. SOUTHARD - PARTIAL WIDTH RIGHT-OF-WA' The Board approved a partial width right-of-way of 30 fee- (approximately 200 feet in length) for the existing private road. E. STATE GRANTS PROGRAM APPLICATION The Board approved and authorized the Chair to sign and submit gran applications for funding three projects under the State Grants Program fo: Nonprofit Historical Organizations and Local Government Entities. F. Z-5-94 MAJOR BUSINESS FORMS. INC. - ZONING ATLAS AMENDMENT The Board approved the request from Major Business Forms, Inc. fo: a Zoning Atlas amendment from Agricultural Residential to Industrial-1 per th, Planning Board findings and recommendations. G. PROPOSED SUBDIVISION REGULATION- TEXT AMENDMENTS FOR PRIVATE ROA STANDARDS The Board approved an amendment to the Subdivision Regulations t, allow for modification of the 125 foot curve radius for subdivisions served b. existing private roads which have a lesser radiu.-..per the Planning Boar recommendation. H. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT FOR LOT BOUNDARIE AND PRIVATE ROADS The Board approved an amendment to the Subdivision Regulations whic: requires that property lines for individual lots extend only to the edge of public road right-of-way for new public roads and that the area within privat road easements be included within lot boundaries per the Planning ar, recommendation. 1. PROPOSED ZONING ORDINANCE TEXT AMENDMENT FOR THE ESTABLISHMENT O USE REGULATIONS FOR BORROW PITS FOR FEDERAL AND STATE HIGHWA PROJECTS This item was removed from the Consent Agenda. It is listed afte the Consent Agenda. J. ZONING ORDINANCE TEXT _ AMENDMENT FOR RADIO. TELEVISION AN COMMUNICATION TOWERS AND ELEVATED WATER STORAGE TANKS The Board approved an amendment to the Zoning ordinance to add ne requirements for additional information and standards of evaluation regardin communications towers per the Planning Board recommendation. K. CLUSTER SUBDIVISION CHARLOTTE'S CREST PRELIMINARY PLAN This property is located on the northeast side of New Sharon Churc Road in Little River Township. It is zoned Agricultural Residential with a overlay district of Little-PW. Six lots are proposed out of 13.83 acres. 3 acre open space area is proposed. The Board approved the Preliminary Plan fo the cluster subdivision for Charlotte's Crest with a private road built t Class B standards, and the conditions contained in the attached Resolution o Approval. L. ORANGE-CHATHAM CRIMINAL JUSTICE PARTNERSHIP PROGRAM ADVISORY PLAN The Board approved adding three representatives to the 07 7e Chatham Criminal Justice Partnership Program Advisory Board. They adder. :v Robert Siler, Roxie Edwards and Patricia Hahn. 99 N. ZONING ORDINANCE TEXT AMENDMENT FOR PUBLIC HEARING AND NOTICE The Board approved the staff recommendation and thus did not change he notification requirements for amendment to the Zoning Atlas per the Planning Board recommendation. N. BUDGET ORDINANCE AMENDMENT #2 The Board approved the following budget ordinance amendments and proposed capital project ordinances. GENERAL FUND Source - Intergovernmental $ 13,243 - Appropriated Fund Balance 551,604 Appropriation - General Administration 3,195 - Community Planning 10,829 - Human Services 47,030 - Public Safety 1,140 - Miscellaneous 59,879 - Transfers to Other Funds 442,774 (To budget prior year expenditure carry-forwards) PROJECT ORDINANCES OHS/STANBACK AIR CONDITIONING PROJECT Source -School Capital Reserve Fund (1990-91) 655,000 -School Capital Reserve Fund (1991-92) 139,273 -School Capital Reserve Fund (1992-93) 1,297,091 -Stanford/OHS/Stanback Project (1992-93) 39,654 -1988 Bond Proceeds 810,076 Appropriation - Air Conditioning for OHS and 2,941,094 Stanback Project C. W. STANFORD REFURBISHMENT Source - Transfer from General Fund (1993-94) 125,000 - Transfer from General Fund (1994-95) 365,581 - Transfer from OHS/Stanford Air Cond. 68,556 (1994-95) Appropriation - C. W. Stanford Refurbishment 978,556 CHAPEL HILL HIGH SCHOOL (PHASE I) PROJECT Source - 1988 Bond Proceeds 6,449,978 - School Capital Reserve Fund (1990-91) 1,104 Appropriation - Chapel Hill High School Phase I 6,451,082 CHAPEL HILL HIGH SCHOOL (PHASE II)/TRANSPORTATION Source - Middle School Project (1991-92) 40,000 - School Capital Reserve (1992-93) 425,146 - General Fund (1993-94) 243,810 - General Fund (1994-95) 50,000 - Chapel Hill High School Capital Project 4,547 (1994-95) - Public School Bldg. Funds (1993-94) 381,190 Appropriation - Chapel Hill High School Phase II $1,144,693 VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA too I. PROPOSED ZONING ORDINANCE TEXT AMENDMENT FOR THE ESTABLISHMENT Ol USE REGULATIONS FOR BORROW PITS FOR FEDERAL AND STATE HI-"WA' PROJECTS Commissioner Willhoit requested that this amendment be sent ba.,., t( the Planning Board for further review. Specifically, he would like, as pars of the erosion control plan, a plan from the contractor with a description o: the recycling that will occur or a statement of why material from the project will not be recycled. He feels that making it easy to bury materials will not encourage contractors to use recycled products,. The Board agreed to send i1 back to the Planning Board. . IX. ITEMS FOR DECISION - REGULAR AGENDA A. SEWER EASEMENT AGREEMENT WITH HILLSBOROUGH County Engineer Paul Thames described the route of the propose( sewer line. He said that a 12 inch line will be extended to the Wildwood pun] station which has caused a bottleneck for a number of years. Commissioner Insko asked about the possibility of this sewer lin( serving the I-85/N86 Economic Development District. Paul Thames noted that th( sewer line serving the Meadowlands would serve that area. Since extension of public sewer had been discussed by the I-40/01( 86 work group, it was decided to postpone approval on this item until after this group met tomorrow night. A motion was made by Commissioner Halkiotis, seconded b, Commissioner Willhoit to table this item. VOTE: UNANIMOUS B. PUBLIC WORKS MAINTENANCE FACILITY PLAN ENDORSEMENT Commissioner Willhoit asked that the fuel facility be sized ti accommodate liquid natural gas. It was decided to leave the present entrance at this time. A motion was made by Commissioner Willhoit, seconded by Commissione: Insko to receive the information and approve the plans as submitted. VOTE: UNANIMOUS C. AMENDMENTS RELATED TO ECONOMIC DEVELOPMENT DISTRICTS - I-851U.S. 7, EDD AND APPROVAL PROCEDURES A motion was made by Commissioner Halkiotis, seconded b, Commissioner Willhoit to approve the series of amendments related to boundar: adjustments in the I-85/US70 Economic Development District as presented ant recommended by the Planning Board. VOTE: AYES, 4; NOS, 1 (Commissioner Insko) A motion was made by Commissioner Willhoit, seconded by Commissione: Halkiotis to approve option 2 for the "Site Plan Approval" which provided fo: amendments to the Subdivision Regulations Section II-Definitions and Sectio: III-B Classification of Subdivision, the Interim Development Standards is Section IV-C and added a new Section IV-C to the Economic Development Standard. as presented in the agenda and recommended by the Ordinance Review Comm: e Commissioner Gordon stated that this option was an improvement le: the original proposal, but that she still favored the Special Use Permi, 101 approach. -VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) X. REPORTS A. ADOPTED 1994-95 SCHOOL BUDGETS The Board received this report for information. It was decided that a survey of what other counties require of their schools in terms of budget documents be done. B. YOUTH AND FAMILY SERVICES COORDINATION FUNCTION The Board received this report for information. There was a consensus to move ahead with developing an action plan for the implementation of the Youth and Family Services Coordination Function as identified in the 1994-95 budget. C. RESCUE SERVICE PROVISION IN ORANGE COUNTY The Board received this report for information. D. ANNUAL TRANSPORTATION IMPROVEMENT PROGRAMS The Board received this report for information. A concern was expressed by Commissioner Willhoit about the widening of I-40. He suggested writing a resolution opposing this widening. Also, a public hearing could be held inviting members of the DOT Board and others to attend. E. 1994-95 COMMISSIONERS' GOALS Commissioner Gordon suggested changing the wording of the "Skills Development Center" to "Skills Development Program" to indicate that all options for providing this vocational education would be considered. Other discussion was postponed to October 18, 1994. XI. APPOINTMENTS A motion was made by Commissioner Insko, seconded by Chair Carey to appoint John H. Taylor to the Hillsborough Planning Board for a term ending March 31, 1996. VOTE: UNANIMOUS XII. MINUTES,- NONE XIII. CLOSED SESSION XIV. ADJOURNMENT With no other items for Board meeting. The next regular meeting will at the OWASA Community Meeting Room, 400 approval, Chair Carey adjourned the be held on Tuesday, October 18, 1994 Jones Ferry, Carrboro, North Carolina. 3everly A. Blythe, Clerk Moses Carey, Jr., Chair 102 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY C 01Ni IISSIONERS Date October 5. 1994 Name of Subdivision Cluster Subdivision Charlotte's Crest Owner/Applicant Charlotte's Crest Inc. The Board of County Commissioners hereby approves Charlotte's Crest cluster subdivision preliminary plat, dated July 19, 1994 and containing six lots subject to the fulfillment of requirements specified herein. Before the Final Plat of Charlotte's Crest can be recorded: A. Sewage Disposal 1. Each residential lot shall contain an adequate area for septic disposal, and. repair area, approved by the Orange County Division of Environmental Health. 2. 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. 3. Lot A is of restricted development potential because the lot is indicated as open space and reserved as open space for the subdivision. The restricted lot shall be identified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3 B. Roads and Access 1. Charlotte Mountain Road shall be constructed to Class B private road standards within a 45 foot right-of-way. 2. Charlotte Mountain Road shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the travelway within the plated private road right-of-way shall also be certified. OR 1.03 A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Charlotte Mountain Road to Class B private road standards. An estimate of the construction and certification costs must be prepared by a certified/licensed engineer or grading contractor and submitted- to the Planning and Inspections Department. The financial guarantee must reflect 110 % of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been certified W a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 3. An erosion control plan for construction of the road shall be submitted by the applicant for review and approval by the Orange County Erosion Control Division. 4. A Private Road Maintenance Agreement for Charlotte Mountain Road shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 5. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 6. .- . All lots shall access onto the new subdivision roads. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 7. Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. 2. 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. 3. A Type A Land Use Buffer shall be provided along New Sharon Church Road. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e of the Subdivision Regulations. Said buffer shall be so noted on the plat, and described in a document describing 1.01 development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. Impervious surface data, as pursuant to Article 6.23.3 of the Zoning Ordinance shall. be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. ' Parkland 1. Cash in the amount of $308.00 (5,400/acre x 2/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. 2. The entirety of the open space to be shown on the Final Plat shall be irrevocably dedicated to the homeowners association for recreation/open space use by residents of the subdivision. F. Miscellaneous 1 • The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Charlotte Mountain Road. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 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. 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 Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the 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 each lot contains a suitable area for septic disposal. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of lic t Clerk t e Board rnN Ll S jju, accept the above listed conditions of subdivision approval, I, and acknowledge that eac must be met prior to recordation of the final plat. Applicant lo -12-V Date 105