HomeMy WebLinkAboutMinutes - 20011119APPROVED 2/5/2002
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
Regular Meeting
November 19, 2001
The Orange County Board of Commissioners met in regular session on Monday, November 19,
2001 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners
Margaret W. Brown, Moses Carey, Jr., Alice M. Gordan and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser and Clerk to the Board Beverly A. Blythe {All other staff members will be identified appropriately
below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. ADDITIONS OR CHANGES TO THE AGENDA
None
PUBLIC CHARGE
Chair Halkiotis dispensed with the reading of the public charge.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters not on the Printed Agenda
Allen Whalen asked that the Chapel Hill Aquatic Center be placed as a priority item for bond
funding. He urged the County to move as fast as possible an construction of this facility. He said that his
daughter swims at the YMCA in Chapel Hill, but in order to stay on the swim team, she must come to
Hillsborough to swim at the SpartsPlex, which is an inconvenience. He said that he would like to get this
aquatic center moving along with the city. The initial proposal has already been done, but the final
design needs to be finalized as well as the bidding process. He said that the citizens have been looking
forward to this facility since 1996. He also asked that the County Commissioners work with Chapel Hill
to encourage the Town Council to move forward to get the final architectural plan completed. He would
like to see the pool opened by 2403.
Chair Halkiotis said that the Board has already asked the County Manager to put together a
schedule to look at possible dates for the implementation of the Aquatic Center. He asked that Mr.
Whalen keep in contact with the Manager's office on this issue.
b. Matters on the Printed Agenda (These matters were considered as the Board addressed
the items an the agenda below.)
3. BOARD COMMENTS
Commissioner Brown asked for information on the County's involvement with the University in
discussing the Horace Williams Tract. Jahn Link said that he would provide an executive summary and
comments regarding the Horace Williams Tract, which came from a meeting with University officials.
The next step is to have a discussion about the venue for the dialogue between the University and the
County and to decide on who will be involved.
Commissioner Brawn asked about the timetable for the adequate public facilities ordinance. John
Link said that there was a very successful meeting of the Schools and Land Use Council and there is a
new draft that will be sent to each jurisdiction.
Commissioner Gordon said that on November 14t" the Schools and Land Use Council considered
the adequate public facilities ordinance. It will now be forwarded back to the jurisdictions for their
comments. Craig Benedict will draft a letter for her signature.
Commissioner Jacobs thanked the Chapel Hill-Carrboro Chamber of Commerce for their role in
organizing the pro-bond efforts. He also thanked all the people who worked at the palls. He noted that
he recently toured the former Flynt Fabric facility, which has been renovated. A Southern Season has
significantly contributed to improving a facility that was in danger of collapsing. This renovated building
helps in rebuilding west Hillsborough.
Commissioner Jacobs asked if Orange County has any kind of policy far hosting meetings and if it
is understood that meetings will be hosted in Orange County if at all possible before going to another
County? John Link said that it is the practice far meetings that are hosted by the County to be located in
the County.
Chair Halkiotis said that fewer people are using school facilities because of the seating that is
provided. He said that Cedar Ridge High School is being designed with traditional, adult-oriented
seating.
Commissioner Jacobs said that there are private enterprises in the County that have banquet
facilities and it may be that the County should work with them to see if they could give some of the
County organizations the same rate that would be given in Durham.
Commissioner Gordon said that she would like to see the staff do an analysis of six of the nine
alternatives for the high-speed rail corridor going through Orange County. She would like to see the pros
and cans and effects in Orange County of the high-speed rail.
Commissioner Gordan reiterated that, after a long process, the schools adequate public facilities
ordinance is ready to be sent forward with modifications. The jurisdictions and the two school boards
need to approve it before coming back to the County far final approval.
Commissioner Carey said that the Greene Tract work group held a public forum last Thursday
evening on the future uses of the Greene Tract. It was a goad meeting facilitated by the Dispute
Settlement Center. There were about 50 people in attendance. The work group met this afternoon and
will be taking a recommendation back to the three governing boards.
Chair Halkiotis also praised the Chapel Hill-Carrboro Chamber of Commerce, and in particular the
Director Aaron Nelson who was very enthusiastic about the bond referendum and its passage. He
announced that he is going to set up a group called Citizens for Progress to counterbalance the Citizens
far A Better Way who objected to the bonds and everything for which the bonds stood.
4. COUNTY MANAGER'S REPORT -NONE
5. RESOLUTIONS/PROCLAMATIONS
a. A Resolution Opposing the Proposed Closure of the West Hill Avenue Railroad
Crossing in West Hillsborough
Commissioner Jacobs added this item to the agenda. He said that this resolution states a
position taken by the Orange County Board of Commissioners. He read the resolution.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve
and authorize the Chair to sign the resolution as stated below:
A RESOLUTION OPPOSING THE PROPOSED CLOSURE OF THE
WEST HILL AVENUE RAILROAD CROSSING IN WEST HILLSBOROUGH
WHEREAS, the North Carolina Department of Transportation (NCDOT} Rail Division proposed closing
the railroad crossing at West Hill Avenue (SR 1161) near the Dimmocks Mill Road intersection as part of
its effort to consolidate and eliminate railroad-highway crossings to improve safety; and
WHEREAS, though not designated as such in the Hillsborough Transportation Plan, West Hill Avenue
functions as the primary collector through west Hillsborough by providing direct access from US 70 to
Dimmocks Mill Road; and
WHEREAS, closure of the West Hill Avenue crossing will re-route traffic to other local streets and
crossings providing less direct access; and
WHEREAS, these new traffic patterns will impede the flow of north-south traffic and pose potentially
negative impacts on the residents and business of wet Hillsborough; and
WHEREAS, traffic from Cedar Ridge High School, a 1,000-student high school scheduled to open in
August 2002, could feed onto Dimmocks Mill Road and could well have a further significant impact on
traffic and traffic flaw through west Hillsborough; and
WHEREAS, there should be a more elaborate public forum to discuss the impacts of road closings that
further stress the limited north-south routes, such as historic Churton Street, in and around Hillsborough;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners requests that
the West Hill Avenue crossing remain open and that the NCDOT Rail Division re-consider its proposed
closure of the crossing for the reasons enumerated in the attached Exhibit A.
VOTE: UNANIMOUS
6. SPECIAL PRESENTATIONS
a. Grassroots Grants Awards
The Board presented the 2001 Spring Arts Grants (Grassroots Grants). Chair Halkiotis said
that the Board was pleased to herald the accomplishments of this group of people. The grants this year
total $21,530. He read each name and organization and presented each with a check. A list of
participants is in the agenda.
b. Hillsborough Exchange Club Family Center
The Board received information about a new non-profit organization, the Hillsborough
Exchange Club Family Center, also conducting business as the Hillsborough Exchange Club Center for
the Prevention of Child Abuse.
Jahn Link said that he and DSS Director Nancy Coston met with Dale McAndrews about the
new program of supporting prevention and education services that is much needed in trying to prevent
child abuse.
Dale McAndrews, Director of the Hillsborough Exchange Club Family Center, presented the
proposal. She said that they opened their doors in April of this year. At this time, she is the only staff
member. She read a prepared statement. They were sponsored originally by the Hillsborough
Exchange Club and the goal is the prevention of child abuse. Orange County's child abuse and neglect
services earned a grade of "D" on the 2001 Adult and Youth Report Card. In Orange County in 1999-
2000, there were 1,203 child abuse cases investigated of the over 100,000 cases statewide. Also in
Orange County, 370 child maltreatment cases were confirmed out of the 31,828 cases statewide. The
center's mission is to enhance positive parenting by providing educational and supportive programs.
The center's core program is the parent aid program. There is a summary in the agenda packet. The
center has entered into an agreement with DSS to accept referrals of families into the parent aid
program. The families may choose not to work with the parent aid program. The program lasts between
eight and fifteen months. The aids would not be counselors, but friends and helpers. The services are
free. There is a $15 charge for the parenting class to cover the cast of the book.
c. 2000-2001 Comprehensive Annual Financial Report
Finance Director Ken Chavious presented the Comprehensive Annual Financial Report
{CAFR) and Single Audit Report for the fiscal year ended June 30, 2001. This was a PowerPoint
presentation.
Revenues and transfers total $107.7 million, which is an increase of 7.71 °~ over 2000.
Property taxes account for 65°~ of the revenue and sales taxes account for 13°~. The assessed value of
property was $7.4 billion, which is an increase of 4.8°l0 over 2000. Orange County remains one of the
best in the state far percentage of taxes collected.
Expenditures and transfers totaled $110.4 million, which was an increase of 12.45% over
2000. The leading expenditures include education, human services, and public safety. Education
expenditures represented 51.2% of all general fund expenditures for the year, ar $56.60 million. The
overall per pupil expenditure was $3,535 (based on student population figures as of June 30tH)
The Solid Waste Enterprise fund had operating revenues of $4.8 million, but expenditures of
$5 million. However, there was a balance of reserves of $3.29 million. This operation cannot continue to
pay for itself.
The County spent $26.9 million on school capital projects and $8.3 million on County capital
projects.
The County's undesignated fund balance was $13.53 million for 2000-2001. This exceeds
the 8% recommended minimum. The County remains in strong financial condition.
The County's outstanding debt is $124.86 million. This includes bonds totaling $90.03 million
and $34.83 million in alternative financing. The County is well within its debt policy parameters.
Regarding grants, the grant funds total $67 million. The Department of Social Services was
responsible for $52 million. There were no findings or questionable casts.
There were also very positive audit results. This year there was a new auditor, and the audit
process was very successful.
On the horizon, there are several issues: economic/budgetary challenges, scheduling of
band sales and projects for alternative financing, solid waste issues, operating costs for new schools and
parks, and GASB 34 implementation.
The County Commissioners thanked the staff for this report.
Ken Chavious thanked his staff and all those who helped in this process.
7. PUBLIC HEARINGS -NONE
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve those
items on the consent agenda as stated below:
a. Motor Vehicle Property Tax Refunds
The Board approved seven requests far motor vehicle property tax refunds per the resolution
incorporated herein by reference.
b. Declaration of Band Referendum Results and Reimbursement Resolutions
The Board officially accepted the report of the Board of Elections on the results of the
November 6, 2001 Band Referendum and adopted the resolutions authorizing the County to reimburse
itself for band project expenditures incurred prior to the sale of bonds incorporated herein by reference.
c. ICLEI/CitieslCounties for Climate Protection Program
The Board approved joining the International Council far Local Environment Initiatives {ICLEI)
and the Cities and Counties far Climate Protection (CCP) program.
d. Impact Fee Reimbursement -Habitat for Humanity/Richmond Hills
The Board approved an impact fee reimbursement request from Habitat for Humanity of
Orange County, Inc., for $3,000 each for four new homes.
e. HOME Program -Property Acquisition
This item was removed and placed at the end of the Consent Agenda.
f. Rural Guest Establishments Zoning Ordinance Amendments
This item was removed and placed at the end of the Consent Agenda.
+~. Petition for Addition of Subdivision Roads to the State Secondary Raad Program: East
Mill Pointe Lane, Pinefield Court and Thistledown
The Board approved a petition to add three roads, East Mill Pointe Lane, Pine field Court and
Thistledown Court, in Mill Pointe subdivision, Chapel Hill Township, to the state-maintained secondary
road system.
h. Petition far Abandonment of 0.27-mile segment of Clyde Road from the State
Maintenance Program
The Baard approved a petition from the North Carolina Department of Transportation far
abandonment of Clyde Road in Chapel Hill Township from the state secondary road maintenance
program.
i. Amendments to Orange County Subdivision Regulations Section IV-B-3 to Clarify
The Board adopted the proposed amendments to the Orange County subdivision regulations
to clarify section IV-B-3-a, provision of streets rights-af-way, and section IV-B-3-b, provision for a
coordinated street system.
L Amendments to Flexible Development Street Standards Consistent with Private Road
Standards Adopted October 10, 2000
The Board approved proposed amendments to the Orange County subdivision regulations,
section IV-B-10.4, flexible development street standards.
k. Appointment to Carrboro Board of Adjustment
The Board appointed Jahn I. Ring to the Carrboro Board of Adjustment for a term ending
February 28, 2004.
I. Appointment to Orange Community Housing and Land Trust (OCHLT)
The Board appointed Garry Sronce to the Orange Community Housing and Land Trust for a
term ending at the first Annual Meeting, spring, 2002.
m. Appointment to the Carrboro Committee to Preserve the Adams Property on Bolin
Creek The Baard appointed Rich Shaw as the County Commissioners representative to the
Carrboro's Committee to Preserve the Adams Property on Bolin Creek.
n. Appointment to the Hillsborough Board of Adjustment to an Extraterritorial Jurisdiction
(ETJ) Position
The Board removed this item for separate consideration at the end of the Consent Agenda.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
e. HOME Program -Property Acauisitian
The Board considered authorizing a development agreement with the Town of Chapel Hill on
behalf of the Orange County HOME Consortium for the acquisition of rental property in Chapel Hill.
Commissioner Jacobs said that he recalls approving $75,000 far a similar single unit rental
property acquisition also in Chapel Hill. This seems like a tremendous expenditure to benefit a single
family. He suggested that the $75,000 in bond monies could be better spent for some other projects
proposed or the monies held until they could be used to benefit more people. He asked that the
Affordable Housing Advisory Board review this project and provide any recommendations about the
appropriation of the $75,000.
Commissioner Brown suggested asking the Chapel Hill Department of Housing about this
property. Housing and Community Development Director Tara Fikes agreed to do this.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to approve
expenditure of the HOME Consortium funds for the property acquisition and then get further information
and values regarding whether or not to expend bond funds on this as well.
VOTE: UNANIMOUS
f. Rural Guest Establishments Zoning Ordinance Amendments
The Board considered a decision an proposed Rural Guest Establishment amendments to the
zoning ordinance pertaining to the Rural Buffer Zoning District.
Commissioner Gordon read the definition of Rural Guest Establishment and asked about the
limits far the hours of operation. She thinks there should be some standards. Planning Director Craig
Benedict said that with a class B or a class A Special Use Permit, there could be some conditions
specified to limit the hours of operation.
Commissioner Gordon also questioned the use of the property for outdoor events (weddings
and parties) and whether it should be allowed in residential areas. She also said that she feels a 16
square foot sign that is illuminated would be very intrusive in a residential area.
County Attorney Geoffrey Gledhill said that these regulations are already in effect everywhere
else in the County except in the rural buffer. Any change in these regulations would have to go back to
public hearing.
Commissioner Carey said that he feels that a 4' x 4' sign is not intrusive to a neighborhood.
He feels that this may be someone who wants to stay in their house instead of selling it, and by using
their house far a rural guest establishment it may enable them enough income to stay in their house.
Chair Halkiotis agreed with Commissioner Carey in that we should be flexible.
Commissioner Gordon would still like to address the issue of the hours of operation.
Commissioner Jacobs suggested surveying the bed and breakfast establishments in the
County and see what their hours of operation are. He feels we should look and see how consistent we
are with the size of our signs. He agrees with Commissioner Carey and Chair Halkiotis.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
the proposed Rural Guest Establishment amendments to the zoning ordinance pertaining to the Rural
Buffer Zoning District and to later discuss whether or not there should be modifications after a survey of
hours of operation and the sizes of signs is made.
VOTE: UNANIMOUS
n. Appointment to the Hillsborough Berard of Adiustment to an Extraterritorial Jurisdiction
f ETJ) Position
The Board considered an appointment to an extraterritorial jurisdiction position on the
Hillsborough Board of Adjustment.
Commissioner Gordan asked that we continue to advertise this ETJ position and bring back
far Board approval before the expiration of the 90-day time limit in which the County Commissioners
have to accept or not accept the recommendation from the Hillsborough Tawn Commissioners. She said
that this person does not live in the extraterritorial jurisdiction, but in town.
The Board agreed to postpone this decision and to continue to advertise.
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Reauest for Civil Penalties - Hulan Bradshaw & Dolley Torain Zoning Violation -
Storaae of Unanchored, Unsecured Manufactured Home
The Board considered the assessment of civil penalties for a continuing zoning violation.
Craig Benedict said that this mobile home could not exist on the property because there is
presently other structures. The staff has been in direct face-to-face contact with Mr. Bradshaw since
March 2001. The complaint was originated by the neighbors. The request is for the removal of the
mobile home. Over the last nine months, there has been no progress. Mr. Bradshaw has asked that
they be given time to repair the mobile home and eventually move it. As of this date, there has been no
activity. Mr. Bradshaw has been informed of this meeting, but he was not present. The administration
recommends that the property owners be held in violation and be assessed a civil penalty of $100 per
day, from October 15, 2001. The amount as of today would be $3,600.
Zoning Enforcement Officer Tom King said that he did discuss moving the home to a vacant
tract of land in the area, and Mr. Bradshaw's son stated that Mr. Bradshaw owned a vacant piece of
property in Cedar Grove. Tom King said that they were supposed to come into the office today to
discuss this possibility, but did not show. He is willing to explore this option if the Board allows more
time. He thinks this is a positive solution.
Commissioner Jacobs is willing to give Mr. Bradshaw until December 3rd to resolve the
situation.
Jahn Link suggested that the Board indicate intent to exercise the penalties, but the penalties
would be suspended upon successful adherence to the solution brought forward by the staff, that the unit
be transferred to the vacant tract.
Commissioner Brown asked if the complaint was because the trailer had been moved onto
the site, or if the trailer had been there for a long time. Tom King said that, as he recollects, the trailer
had just been pulled onto the property in order to make some repairs.
A motion was made by Commissioner Gordon to declare intent to assess these penalties, but
they will be held in abeyance if a satisfactory arrangement can be worked out by December 3rd as
indicated by the comments from the Board and staff.
Commissioner Carey would like to give them at least 30 days.
Craig Benedict said that there is some work to be done before the mobile home can be
moved to another site. The site has to be suitable for a mobile home.
Commissioner Gordon withdrew her motion.
John Link made a recommendation for the language of the motion, which is stated below.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs that the
County Commissioners indicate their intent to assess these civil penalties of $3,600 and that those
penalties will be held in abeyance upon successful demonstration of a step by step procedure to address
this zoning violation. Step one being that before the 2"d meeting in December, that Mr. Bradshaw will
have applied for an appropriate environmental health permit for the other location. Step two being that
by the 1St meeting in January that Mr. Bradshaw will have successfully moved the mobile home unit.
VOTE: UNANIMOUS
b. Request for Assessment of Civil Penalties - Churton Grove Subdivision Zonin
Violations -- Signage
The Board considered the assessment of civil penalties for a continuing zoning violation.
Craig Benedict explained that within the Churton Grove Subdivision, there are three model
home signs that are improper because of their size. As of today at 6:00, Beazer Homes Carp has
removed their sign, so the staff suggests removing them from the list. There are two other building
companies that are still in violation. This situation has been in progress since July of this year. The
$100 per day penalty was set to start accruing on November 6th and would amount to $1,400 for the
other two builders, Biltmore Homes and Drees Company. The builders were aware of this meeting.
Tom King said that he thinks that Drees Company would be willing to work with the County on
this matter.
Commissioner Jacobs said that he assumed that these signs were on private property and
that we could not do anything with ar to the signs. Geoffrey Gledhill said that we could ask the court far
permission to remove the illegal signs.
A motion was made by Commissioner Brown, seconded by Commissioner Carey that the
County Commissioners indicate their intent to assess these civil penalties of $1,400 to Biltmore Homes
and Drees Company and that those penalties will be held in abeyance upon successful demonstration of
a step by step procedure to address this zoning violation within 30 days.
VOTE: UNANIMOUS
c. Fox Hill Farm Central - Preliminary Plan
The Board considered a preliminary plan for Fox Hill Farm Central. Craig Benedict made this
presentation. It is a conservation cluster plan and is located between Baldwin Road and New Sharon
Church Road in Eno Township. There are 91 lots in the plan. The total acreage is 307.43 acres and the
entire subdivision is located in the Neuse River Basin. The average lot size is 3.37 acres and there is
33°~ open space, which is over 100 acres. There is some common area open space that will be
dedicated to the homeowner's association. There is some interconnectivity back into Hillsborough
through the subdivision. There are two primary issues with the administration recommendation. One is
that this project will be developed in phases. Phase one is only 10 lots. The administration suggests
that within phase two, the interconnectivity to Baldwin Road be provided. The developer has agreed to
add this section of Fox Hill Farm Drive. The second suggestion is that at the intersection of New Sharon
Church Road and Fox Hill Farm Drive, that a northbound left turn lane be installed. A traffic study was
done by Kimley-Horn and Associates and it was found that the level of service for New Sharon Church
Road would not prompt the necessity far a left turn lane. The staff thinks that, based on the size of this
development and the proximity of the drainage way, the sight visibility would be compromised on New
Sharon Church Road. An additional recommendation was to add an access road into the phase four
area while phase two is underway for fire control. The staff recommends approval of the subdivision with
these conditions.
Dawn Herrick, Planning Director for John R. McAdams Company, was representing Randy
Fax, the developer. She thanked the staff for all of the hard work done on this process. She said that
they were somewhat concerned when they discovered the additional comments from the staff and were
not given enough time to discuss these recommendations and provide feedback. They agree with the
recommendation of the left turn lane and the fire safety issue. She said that the addition of the connector
in phase two would be a substantial expenditure of development funds because there are two stream
crossings. They are also concerned about the access to the pond in phase two because there is same
farming operation in that area. They want to make sure that the operation is not impaired by constructing
the road. They are also concerned about the new requirements for the landscape buffers. They want to
understand what needs to be done to be in compliance with the County's regulation. What is included in
the staff report is not what they were told originally to do in their landscape plan. They would like to
know what the new requirements mean for Fox Hill Farm Central.
One of Ms. Herrick's colleagues pointed out that there would only be 33 lots in phase two,
which is when the additional connector road is being suggested. The developer would prefer to wait until
phase three to provide this connector.
Commissioner Jacobs made reference to solid waste collection and asked if the developer
would consider working with the Planning and Solid Waste staff to possibly locate one or two recycling
collection points. Dawn Herrick said that the developer would probably be happy to talk to the County
about this possibility.
Commissioner Jacobs asked some clarifying questions, which were answered by Craig
Benedict.
Commissioner Jacobs said that he was glad to see the recommendation far the turn lane
because DOT's standards are not necessarily the "be all and end all." He asked why there is not a right
turn taper at Baldwin Road. Craig Benedict said that the staff thought that the right turn movement would
be fast enough into the subdivision road.
Craig Benedict suggested the possibility of waiting until phase three for the center turn lane to
allow for more units to come online and to cover the expense of the turn lane.
Commissioner Jacobs asked the landscape architect about his reasoning for the lack of
contiguous nature of the open space. He said that it seems that the open space is more designed to
separate residential units than it is to provide a block of contiguous open space that promotes wildlife
habitat. The landscape architect said that they were trying to keep the open space in the stream
corridors where wildlife might travel.
Chair Halkiotis encouraged the Fox Hill Farm developer to consider putting a centralized
recycling center somewhere in the subdivision, because it costs so much money to provide recycling
services.
Chair Halkiotis said that the Fire Marshall has raised same very serious concerns with this
subdivision because there is no municipal water or fire hydrants.
Commissioner Gordan asked about the fiscal impact analysis and asked why there was a net
loss for the County since the homes were going to average $325,000. Craig Benedict explained that this
fiscal impact study used some updated statistics {i.e., new budget data, new school district populations).
He would like to further discuss with the Board the fiscal impact of residential development to the County.
Commissioner Brown asked about the comments from the Environmental Health Department
on the 10 lots along Fox Hill Farm Drive that would require clearing of mature hardwoods identified as
prime forest wildlife habitat. Craig Benedict painted out the areas on the map and provided the
information she requested.
Commissioner Brawn asked Ron Holdway if all of the non-conventional septic systems were
due to the soils. She asked about the larger lots. Ron Holdway said that all of the systems are
conventional-based technology.
Dawn Herrick said that the larger lots had always been a part of the plan and it was the desire
of the developer to have a variety of lot types. She made reference to the lot clearing and the
preservation of trees. In the homeowner's covenants, there is a restriction where any tree over four
inches in diameter that is going to be removed must be approved by the Architectural Review Board.
Also, any clearing that occurs outside the building lot has to be reviewed and approved by the
Architectural Review Board.
Commissioner Brown asked about the complaint of the developer about the design for the
landscape along the roadway. Dawn Herrick said that the main complaint was that the language now
appearing in the resolution of approval is not specific to what is required in the ordinance. It is her
understanding that the 100-foot width on New Sharon Church Road and the 75-foot width on Baldwin
Road are actually setbacks and not buffers. The plant materials that are required to be planted in the
type A buffer would not be well suited for that width.
Craig Benedict said that there are required buffers along New Shoran Church Road and
Baldwin Road. The buffers are a type A style. The 100-foot wide landscape buffers are located within
the 100-foot buffers that are required for setbacks for a flexible development subdivision.
Chair Halkiotis suggested that this item be postponed to December 11t" so that all parties can
work together in order to know exactly what is being presented for Board approval.
d. Water and Sewer Management, Planning and Boundary Agreement
The Board was to consider adoption of the Water and Sewer Management, Planning and
Boundary Agreement following final review by parties to the agreement. However, this item was
postponed to another time.
e. Orange County Transportation Priority List for 2004-2010 TIP
The Board was to consider Orange County's transportation priority projects for the 2004-2010
Transportation Improvement Program. However, the County Commissioners postponed this item to a
later date.
10. REPORTS
a. Southeast Hiah Speed Rail Tier 1 Draft Environmental Impact Statement
The Board was to receive a report on the Southeast High Speed Rail (SEHSR}, and potential
impacts on Orange County. However, the County Commissioners postponed this item to a later date.
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION -NONE
14. ADJOURNMENT
With no further items for the County Commissioners to consider, a motion was made by
Commissioner Carey, seconded by Commissioner Brawn to adjourn the meeting at 10:39 p.m. The next
regular meeting will be held on Monday, November 26, 2001 at 6:15 p.m. at the F. Gordon Battle
Courtroom in Hillsborough, North Carolina.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC