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Home My WebLink AboutMinutes - 19910805 518 MINUTES • ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 5, 1991 The Orange County Board of Commissioners met in Regular Session on Monday, August 5, 1991 at 7: 30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Commissioner Chair Moses Carey, Jr. , Vice Chair Stephen Halkiotis and Commissioners Alice M. Gordon and Verla C. Insko. BOARD MEMBER ABSENT: Commissioner Don Willhoit COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, County Extension Director Fletcher Barber, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Human Resources Analyst II Eleanor Green, Human Resources Director Elaine Holmes, Tax Collector Johnny Horner, MPA Intern Lucy Lewis, Purchasing Director Pam Jones, Tax Assessor Kermit Lloyd, Recreation and Parks Director MaryAnne Moore, Sheriff Lindy Pendergrass, Land Records Manager Roscoe Reeve, Child Support Director Janet Sparks, Planners David Stancil and Mary Scearbo, and County Engineer Paul Thames. • NOTE: BACKGROUND INFORMATION ON ALL AGENDA ITEMS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE The meeting was called to order by Chairman Moses Carey, Jr. , Motion was made by Commissioner Gordon, seconded by Chair Carey to continue the meeting to Superior Courtroom, Orange County Courthouse, Hillsborough, NC. this evening at the same time. VOTE: UNANIMOUS The meeting was reconvened in Superior Courtroom at 7: 35 p.m. I. ADDITIONS OR CHANGES TO THE AGENDA Under Appointments, the Board added an appointment to the Southern Human Services Building Committee and an appointment to the Recreation and Parks Advisory Council Chairman Carey deleted from the agenda item VIII-A. This item will be considered at the next regular meeting. II. AUDIENCE COMMENTS - NONE III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by • Commissioner Insko to approve those items on the consent agenda as listed below: A. MEETING SCHEDULE FOR CALENDAR YEAR 1992 The Board approved the meeting schedule for the County Board 519 of Commissioners for calendar year 1992 . A copy will be posted on the bulletin board in the Court Street Annex, distributed to all those• people on the Sunshine List, included in the Report to the People, etc. B. 1990-91 ANNUAL TAX SETTLEMENT The Board approved the Settlement for 1990 and prior taxes as of June 30, 1991 in accordance with G.S. 105-373 . 3 . The Report is included in these minutes by reference and is attached on pages - C. TAX REFUNDS The Board approved the 10 request for property tax refunds as stated below: NAME ACCOUNT # AMOUNT Bunce, Karen Alice 89000222 $ 100. 00 Pailin, James Edward, Jr. 89000875 100. 00 Williams, Blair 115106 25. 16 Alston, Johnny Clifford 90000020 121. 40 Gary Scott & Debra Tennyson 96914 117 . 00 Moore, Mona Simmons 30453 31. 10 World Omni Leasing, Inc. 122372 81. 41 James Wade Allen 61084 176. 83 Lloyd, Lillian G. 157050 1, 784 . 63 Margerine C. Terry 116072 27 . 84 D. ANNUAL CONTRIBUTION CONTRACT The Board adopted a resolution as stated below authorizin the Chair to sign the Annual Contributions Contract for the Section 8 Existing Certificate Program. Whereas the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government") . Now, therefore, be it resolved by the PHA as follows: Section 1. The Contract, numbered Contract No. 2903-E, is hereby approved and accepted both as to form and substance and the Chair of the Orange County Board of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the 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 together 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. E. C.A.T. VEHICLE AND DRIVER AGREEMENT The Board approved and authorized the Chair to sign the CAI* Participation Agreements, CAT Vehicle Lease Agreements and CAT Driver Agreements between Orange County and twelve Human Service Agencies. 520 • F. COOPERATIVE EXTENSION SERVICE - MEMO OF UNDERSTANDING The Board approved and authorized the Chair to sign the Memorandum of Understanding between North Carolina Cooperative Extension Service and Board of Commissioners. This is a renewal and no changes were made to the existing Memorandum of Understanding. G. APPROVAL OF PROVIDER AGREEMENTS FOR ELDERLY IN-HOME CARE AND INSTITUTIONAL RESPITE SERVICES The Board approved and authorized the Chair to sign provider agreements for in-home care and institutional respite care at a rate not to exceed $9.50 per hour for in-home care or $30. 00 per day for Institutional Respite care. The Agencies identified to provide these services are Home Health Agency of Chapel Hill, The Right Staff, Health Force - Professional Health Care People, Charles House Association and Sharon's Way Adult Day Care. H. CONTRACTS BETWEEN THE OCHD AND THE UNC-CH SCHOOLS OF PHARMACY AND MEDICINE The Board approved and authorized the Chair to sign two contracts between the Health Department and the UNC-CH School of Pharmacy and School of Medicine, Department of Family Medicine. Both contracts are renewals of agreements that have been on-going for four (4) years. I. CONTRACT BETWEEN THE OCHD AND THE UNC-CH SCHOOL OF MEDICINE, • DEPARTMENT OF PEDIATRICS The Board approved and authorized the Chair to sign an extension of the contract between the Orange County Health Department and the UNC-CH School of Medicine, Department of Pediatrics which expired June 30, 1991. The extension will allow the existing contract to continue for a two-month period until the contract can be restructured. J. BUDGET ORDINANCE AMENDMENT #1 The Board approved a budget amendment to the 1991-92 budget ordinance and the Injury Prevention Grant Project Ordinance and the AIDS Education Grant Project Ordinance as stated below: GENERAL FUND Source - Intergovernmental $ 1,820 Appropriation - Human Services 1,820 (To budget for State funding Nutrition program) Source - Intergovernmental 7,500 Appropriation - Human Services 7, 500 (To budget for additional RSVP funding) INJURY PREVENTION PROGRAM GRANT PROJECT ORDINANCE • Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. 521 Section 1. The project authorized is for an Injury Prevention progra as awarded to the Orange County Health Department by thle North Carolina Department of Environment, Health and Natural Resources. This project includes funding for a program designed to reduce the number of children seriously injured or killed in automobile accidents by distributing toddler car safety seats ("Buckle Up Baby") as well as funding for a program designed to reduce the number of children seriously injured or killed in accidental poisonings by distributing poison prevention kits ("Project Poison Patrol") . Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Environment, Health and Natural Resources and the budget contained herein. Section 3. the following revenues are anticipated to be available to complete this project: Intergovernmental Buckle Up Baby $ 5, 117 Intergovernmental Project Poison Patrol 3 , 861 8, 978 Section 4. The following amounts are appropriated for this project: • Human Services - Buckle Up Baby $ 5, 117 Human Services - Project Poison Patrol 3 ,861 $ 8,978 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. This ordinance is effective July 1, 1991. AIDS EDUCATION PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13 . 2 of Chapter 159 of the General Statutes of North Carolina, the* following grant project is hereby adopted. Section 1. The project authorized is the Minority AIDS Education 522 program as awarded to the Orange County Health Department • by the North Carolina Department of Environment, Health and Natural Resources. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Environment, Health and Natural Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - AIDS Education $ 32, 676 Section 4. The following amount is appropriated for this project: Human Services - AIDS Education $ 32, 676 Section S. This ordinance supersedes all previous AIDS Education Grant Project Ordinances. Section 6. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and • state regulations. Section 7. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 8. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 9. This ordinance is effective July 1, 1991. R. PERMANENT CLERICAL POSITION - SHERIFF'S DEPARTMENT The Board authorized that a current temporary part-time position (20 hours per week) for the Sheriff's Department be changed to permanent part-time. L. APPLICATION FOR LGC APPROVAL OF INSTALLMENT PURCHASE SOUTHERN HUMAN SERVICES CENTER LAND The Board authorized the County Finance Officer to submit an application to the Local Government Commission soliciting approval of the County's installment purchase agreement for a portion of the purchase price of the land that will be used for the Southern Human Services Center and authorized the Chair to sign the resolution as • stated below: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION 523 FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 16OA-20 • WHEREAS, the County of Orange, North Carolina desires to purchase land that will ultimately be used for the construction of a Human Services Center in southern Orange County to better serve the citizens of Orange County; and WHEREAS, the County of Orange desires to finance the project by the use of an installment contract authorized under North Carolina General Statute 160A, Article 3 , Section 20; and WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North Carolina, meeting in regular session on the fifth day of August, 1991, make the following findings of fact: 1. The proposed contract is necessary or expedient because a. The acquisition of property for construction of a Southern Human Services Center is a priority of the Board of County Commissioners and is an integral part of the County's 5 year Capital Improvement Plan. b. Because of the prime location of the property, the total cost exceeded the funds appropriated in the Capital Improvement Plan. c. Acquisition of the property in the proposed contract will 0 allow the County to centralize it's Human Service operations in the Chapel Hill area and provide better accessibility to the citizens who require such services. 2 . The proposed contract is preferable to a bond issue for the same purpose because a. Expenses associated with a bond issue of this size would be prohibitive. b. The amount to be financed under the contract, ($302 , 500) is minimal when compared to the projects the County has historically included in the previous bond referendums yet falls within the category of projects which the County has previously financed by use of installment purchase contracts. c. The amount proposed within the contract exceeds what can be prudently raised by the County from it's current resources. Fund balance has been appropriated in the current year to fund operations. Further appropriations could adversely impact the fund balance next year by causing it to fall below the 8% level. d. The County currently can not issue bonds under the "two- thirds limitation" because there was not a reduction in th County' s net debt at June 30, 1991. The County retire debt on previously issued bonds but issued new bonds in excess of the bonds which were retired. 524 • e. Changes within the current year County budget to fund this acquisition could severely impact the delivery of much needed services in other areas. Adequate funding has been provided within the County's Capital Reserve fund to pay the installments required in the proposed contract. 3 . Not applicable. 4 . The sums to fall due under the contract are adequate and not excessive for the proposed purpose because a. The amount to be financed is not excessive when compared to the County's previous agreements. b. The term of the agreement is less than five years and the interest rate of 7% is very favorable. c. The funding for the sums which fall due are included in the County' s 5 year CIP and does not impact other operational areas. 5. The County of Orange's debt management procedures and policies are good because a. All applicable laws regarding incurrence of debt are • strictly followed. b. Reporting of all outstanding debt and disclosures involving debt are appropriately done within the County' s Financial Statements. c. The County has never defaulted on any of its debt service payments. d. Adequate appropriations are made annually for debt service payments. e. Incurrence of all debt is carefully planned and provided for in the County's 5 year CIP. 6. There will be no increase in property taxes required to meet the sums required under this proposed contract. 7. The County of Orange is not in default in any of its debt service obligations. 8 . The attorney for the County of Orange has rendered an opinion that the proposed project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina. • NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Officer is hereby authorized to act on behalf of the County of Orange in filing an application with the North Carolina Local Government Commission for 525 approval of the project and the proposed financing contract and other actions not inconsistent with this resolution. • This resolution is effective upon its adoption this fifth day of August, 1991. VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. OPERATION DESERT SHIELDISTORM RESOLUTIONS The Board presented a resolution of appreciation to those Orange County citizens who provided active military service during Operation Desert Shield and Operation Desert Storm. The resolution is stated for one of these individuals and the other names are listed with specific information about each person. RESOLUTION OF APPRECIATION FOR JONATHON ALSTON WHEREAS, Jonathon Alston is an Orange County resident, and WHEREAS, Jonathon Alston is a Specialist in the United States Army assigned to the A Company, 341st Infantry, 2nd Armored Division in Fort Hood, Texas and one of the active duty participants during Operation Desert Storm, and WHEREAS, Jonathon Alston faithfully served the citizens of the Unite States and represented his community while stationed in Saudi Arabia from October, 1990 through April, 1991 and WHEREAS, Jonathon Alston has safely returned to his home in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Jonathon Alston for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. ORANGE COUNTY OPERATION DESERT SHIELD/STORM VETERANS (Name, Rank, Unit, Base, Date served) Selwyn P. Baine, Corporal, US Marine Corps B. Company, 3rd Amphibian Assault Battalion Camp Pendleton, California August 21, 1990 —April 4, 1991 Jarvis Clayton, Private, US Army B Battery, 5th Battalion, 17th FA Bamberg, Germany January 1991 - April, 1991 William Creech, Staff Sergeant, US Army National Guard • Detachment 1, 213th Military Police Company Greenville, North Carolina 526 December 6, 1990 - May 20, 1991 • Chuck Fahrer, Staff Sergeant, US Army 3rd Special Forces Group Fort Bragg, North Carolina December 27, 1990 - June 8, 1991 Eddie Lee Glasgow, Corporal, US Marine Corps 1st Tank Battalion, 1st Marine Division Camp Pendleton, California September 3, 1990 - December 22, 1990 Harry Martin Jensen, III, Captain, US Army D. Company, 7th Battalion 6th Infantry, 1st Armored Division Bamberg, Germany December 25, 1990 - May 3 , 1991 Gregory Russell Jicha, 1st Lieutenant, US Army 266 Armor, 2nd Armored Division Garlstedt, Germany January 8, 1991 - May 8, 1991 Matthew Rarres, Lieutenant, US Army 101st Air Assault Division Fort Campbell, Kentucky • January 24, 1991 - April 9, 1991 William H. Lea, Staff Sergeant, US Air Force 1st Transportation Squadron Langley Air Force Base, Virginia August 6, 1990 - March 16, 1991 Joshua Michael McAdoo, Corporal, US Marine Corps ist Battalion, 8th Marines 2nd Marine Division Camp LeJeune, North Carolina December 22 , 1990 - April 10, 1991 Jeff McCormick, Specialist, US Army 3rd Infantry Division Aschaffenburg, Germany December 25, 1990 - May 2 , 1991 Dr. Andre Muelenaer, Major, US Army Reserves Medical Corps 401st Military Police Camp Nashville, Tennessee • January 24 , 1991 - May 21, 1991 David Osteen, Sergeant, US Army 24th Mechanized Infantry Division 527 Fort Stewart, Georgia August 30, 1990 - March 28, 1991 • William Richardson, Jr. , Sergeant, US Army Support Company, 2nd Battalion Special Forces Company Fort Campbell, Kentucky September 13, 1990 - May 8, 1991 Randall Jay Roberts, Captain, US Air Force 61st TAS Little Rock Air Force Base Little Rock, Arkansas August 1990 - May, 1991 Carlie D. Spencer, Major, US Army HHC 30th Support Group Durham, North Carolina November 29, 1990 - May 9, 1991 Timothy Sperry, Specialist, US Army 731st Maintenance Company November 21, 1990 - June 15, 1991 Romaine Waller, E-4 , US Army 805th Military Police Company, Combat Support Raleigh, North Carolina • September 20, 1990 - April 27, 1991 Michael C. Warren, Captain, US Army Commander, Company C 1-82nd, Attack Helicopter Battalion Fort Bragg, North Carolina August 8, 1990- December 11, 1990 Thomas E. Warren, Chief Warrant Officer, US Army P. Troop, 4th Squadron 3rd Armored Calvary Regiment Fort Bliss, Texas October 1, 1990 - April 1991 V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. PROPOSED AMENDMENTS TO WATER AND SEWER POLICY ZONING ORDINANCE AND SUBDIVISION REGULATIONS Bill Waddell chaired this portion of the meeting since this public hearing involved the Planning Board. The purpose of this item was to receive citizen comment on th proposed amendments to the Water and Sewer Policy, Zoning Ordinance, andw Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in 528 the Rural Buffer and Water Quality Critical Areas. More specific, in is early April, a landowner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer inquired about developing an 18-acre parcel. He presented an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The landowners would now like to use the taps and develop their property. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. The proposed amendment would add language to the Water and Sewer Policy to allow pre- existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The Planning Staff recommends approval of the proposed amendments. There were no citizen comments. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to refer this item to the Planning Board for a recommendation to be considered by the County Commissioners no sooner than September 3, 1991. VOTE: UNANIMOUS VII. REPORTS A. STATE WATERSHED PROTECTION - PROCEDURES AND IMPLICATIONS FOR ORANGE COUNTY • The County Commissioners received a report from Planner David Stancil on the implications of state watershed protection rules and classifications on current County policies/procedures. The Environmental Management Commission (EMC) has proposed preliminary classifications for each of Orange County's 11 water supply watersheds. The report prepared by the Planning Staff (1) explains the mandate received from the General Assembly, (2) compares existing and proposed standards, (3) identifies issues of both regional and watershed- specific importance; and (4) lists possible alternative actions. In addition the Planning Board outlined nine issues to be addressed. These are listed in the summary. A public hearing is scheduled for Thursday, August 15. Marvin Collins will attend this public hearing for Orange County. B. HILLSBOROUGH COOPERATIVE PLANNING AREA BOUNDARIES During recent months, two representatives from the governing boards of Orange County and the Town of Hillsborough met to discuss issues and objectives inherent in a cooperative planning and land use agreement. On June 4, the governing boards agreed to the proposal except for two locations in the Transition Area. These included: (1) the area bounded generally by I-40, Old Chapel Hill-Hillsborough Road (South Churton Street Extension) , N.C. Highway 86, and the current Transition Area boundary; and (2) the area bounded generally by U.S. 70 Bypass, U.S. 70 Business, and Lawrence Road. Area #1 is currently being studied by the Planning Board/Economic Development Work Group as an • "economic development district. " The Planning Board on July 15 voted to recommend that neither area be included in the Transition Area at this time. The Administration recommends withholding area #1 and 529 including area #2 . The Administration further recommends that the issues identified by the Orange County Planning Board be incorporate into the work of the two Planning Boards. John Link indicated that the staff will pursue an effort and time line that would enable the County Commissioners to consider recommendations for an agreement with Hillsborough that will not include the two areas in question. Commissioner Gordon stated that on June 4 there was an additional consensus agreement on an issue relating to annexation which should be included in the upcoming cooperative agreement. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to follow the steps as outlined in the memo dated July 5 from Chairman Carey and to place this item on the August 20th agenda for consideration of a decision by the Board on whether or not to add area #1 and/or area #2 to the Transition Area. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGULAR AGENDA A. ASSIGNMENT OF HOUSE AND BUILDING NUMBERS - RURAL ROUTE 8 (STONERIDGE AND SEDGEFIELD SUBDIVISIONS) This item was deleted from the agenda. It will be considered at the next meeting scheduled for August 20. B. OCCUPANCY TAX Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to adopt the resolution as stated below levyin a 1% occupancy tax, effective September 1, 1991, on all lodging rentals as authorized by Senate Bill 622 as Chapter 392 of the 1991 Session Laws. RESOLUTION LEVYING OCCUPANCY TAX IN ORANGE COUNTY WHEREAS, the North Carolina General Assembly ratified Senate Bill 622 as Chapter 392 of the 1991 Session Laws, and WHEREAS, this legislation authorizes the Orange County Board of Commissioners to levy a room occupancy tax of up to three percent (3%) of gross receipts derived from the rental of lodging in Orange County, NOW, THEREFORE BE IT RESOLVED that: The Orange County Board of Commissioners hereby levies, and imposes a room occupancy tax of one percent (1%) on the gross receipts derived from the rental of any room, lodging or similar accommodation in the county subject to sales tax under G.S. 105-164 . 4 (a) (3) . This tax is levied effective September 1, 1991. This tax does not apply to accommodations furnished by nonprofit charitable, education, benevolent, or religious organizations when furnished in furtherance of their nonprofit purpose. This tax is in addition to any State or local sale or occupancy tax. Every operator of a business subject to the tax levied under this -5-3-0 section shall, on and after the effective date of the levy of the tax, • collect the tax. This tax shall be collected as part of the charge for furnishing a taxable accommodation. The tax shall be stated and charged separately on the sales records, and shall be paid by the purchaser to the operator of the business as trustee for and on account of the County. The tax shall be added to the sales price and shall be passed on to the purchaser instead of being borne by the operator of the business. The County shall design, print, and furnish to all appropriate businesses and persons in the County the necessary forms for filing returns and instructions to ensure the full collection of the tax. That room occupancy tax herein levied is due and payable to the County Finance Officer in monthly installments on or before the 15th day of the month following the month in which the tax accrues. Every operator of a room, lodging or similar accommodations in Orange County subject to the room occupancy tax herein shall, on or before the 15th day of each month, prepare and render a return on a form prescribed by the County. The return shall state the total gross receipts derived in the preceding month from rentals upon which the tax is levied. Attached to this resolution in the permanent agenda files in the Clerk's Office is a copy of Chapter 392 of the 1991 Session Laws of the General Assembly of North Carolina providing further administrative details of the occupancy tax herein levied, including related remedies for its collection. The Orange County Board of Commissioners shall decide on the allocation • of the revenues collected from this tax annually during its budgeting process. At least ten percent (10%) of the annual revenues shall be used to provide funding for visitor information services and to support cultural events. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the recommendations for establishing a visitor bureau as presented with the added provision that any change in the bylaws of this bureau will not be made without County Commissioner approval. VOTE: UNANIMOUS C. SCHOOL CAPITAL NEEDS ADVISORY COMMITTEE FACILITATOR Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a contract with the firm of Independent Opinion and Research as facilitator for the School Capital Needs Advisory Committee contingent upon review by the County Attorney. The contract may not exceed $10, 000. VOTE: UNANIMOUS D. EFLAND CHEERS COMMUNITY CENTER AND PARK - REVIEW AND APPROVAL OF FINAL PLANS Motion was made by Commissioner Insko, seconded by • Commissioner Halkiotis to approve the plans for the Efland-Cheeks Community Center and Park as submitted and to endorse the name Orange County Efland-Cheeks Community Center and Park. VOTE: UNANIMOUS 531 E. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOMES Motion was made by Commissioner Halkiotis, seconded b� Commissioner Insko to approve the proposed revisions to existing Zoning Ordinance provisions applicable to day care centers. These standards are incorporated into a new Article 6. 27 and will become a part of the County's Zoning Ordinance. VOTE: AYES, 3; NOES, 1 (Commissioner Gordon) As part of the discussion after the motion Commissioner Gordon indicated that she supported good affordable day care homes but that she was concerned about the lack of public notice in the revised ordinance, and the resultant failure to notify surrounding property owners. F. ZONING ATLAS AMENDMENT - Z-1-91 JAMES R. SPARROW This property is located on the north side of NC Highway 54 approximately 900 feet east of the Morrow Mill Road intersection. It is 2 .94 acres and known as lot 27A on tax map 26 of Bingham Township. The current zoning is Neighborhood Commercial and Agricultural Residential. The applicant is requesting a designation of Local Commercial. No one spoke against the rezoning at the May 28, 1991 public hearing. Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the proposed Zoning Atlas amendment from Agricultural Residential and Neighborhood Commercial-2 to Local Commercial-1. VOTE: UNANIMOUS G. ZONING ATLAS AMENDMENT - Z-2-91 W. E. BLACKWOOD is This property is located on the north side of NC Highway 54 between White Cross Road and Dodsons Crossroads South. The property contains 3 acres and is specifically described as part of Lot 9 of Tax Map 30 and part of Lot 13 of Tax Map 30B in Bingham Township. The current zoning designation is R-1 and LC-1. The proposed zoning designation on 2 . 35 acres is LC-1 Local Commercial-1. The proposed zoning on the remaining 0. 65 acres is NC-2 Neighborhood Commercial-2. No one spoke against the rezoning at the May 28, 1991 public hearing. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the proposed Zoning Atlas amendment from rural Residential and Local Commercial-1 to Neighborhood Commercial-2 and Local Commercial-1. VOTE: UNANIMOUS H. BOBBY'S MOBILE HOME PARK - PRELIMINARY PLAN This property is located on the north side of US 70 just west of Richmond Road in Cheeks township. The property was rezoned in October of 1989 from rural Residential (R-1) to Residential-4 (R-4) . The total acreage of the tract is 6.9 acres with twenty (20) lots proposed. These lots will be served by public water and sewer and new public roads. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the Preliminary Plan subject to th resolution of approval on pages of these minutes an � denial of the buffer waiver. VOTE: UNANIMOUS 532 I. FALLING CEDARS - REVISED PRELIMINARY PLAN • This property is located in Bingham Township on the west side of Dodsons Crossroads (SR 1102) 1.5 miles north of NC Highway 54 . It is zoned Residential-1 and designated as Rural Residential in the Land Use Element of the Comprehensive Plan. Adjacent land uses are residential. In 1988, a plan for Falling Cedars was submitted for nine (9) lots. However, the Health Department approved the Preliminary Plan for only eight (8) lots. Following recordation of the Final Plat, the owner acquired the services of a soil scientist who was able to identify a ninth location for sewage disposal that was subsequently approved by Environmental Health. The applicant has submitted a revised Preliminary Plat to create the ninth lot in Falling Cedars. Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the revised Preliminary Plan for Falling Cedars Subdivision with a Class B private road based on the findings contained in Section IV-B-3-d-1 of the Subdivision Regulations and according to the Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS J. ADVERTISEMENT - AUGUST 26, 1991 PUBLIC HEARING Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the advertisement for the August 26, 1991 Quarterly Public Hearing as prepared by the Planning Director and presented by the Administration. • VOTE: UNANIMOUS IX. BOARD COMMENTS - NONE X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS RECREATION AND PARRS COUNCIL Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the appointment of Ronnie Torain as a Hillsborough representative to complete an unexpired term ending in March, 1992, Stella Maunsell as an AT LARGE representative for a three year term and James Gray as a Bingham Township representative to complete an unexpired term ending in March, 1993 . VOTE: UNANIMOUS ORANGE COUNTY BOARD OF ADJUSTMENT Motion was made by Commissioner Gordon, seconded by Commissioner Insko to appoint Dianne Gooch Shaw as a regular member of this Board for a three year term. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to appoint John A. McPhaul and Terry Westendorf as alternates for three year terms. VOTE: UNANIMOUS • DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint Bonnie Gates, Jane Rody and 533 Ruth Long for three year terms. • VOTE: UNANIMOUS TRIANGLE J EMS COUNCIL Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to reappoint Barbara Overby to her first full term as a Volunteer Provider on this Council. VOTE: UNANIMOUS JURY COMMISSION Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to reappoint Ruth Long to a two year term as the County Representative on this Commission. VOTE: UNANIMOUS HIGH SCHOOL PLANNING COMMITTEE Motion was made by Commissioner Gordon, seconded by Chair Carey to appoint Commissioners Halkiotis and Insko to this Committee and to confirm the appointments of Mary Bushnell, Theodore Parrish, Kay Singer, and Robert Bateman. VOTE: UNANIMOUS SOUTHERN HUMAN SERVICES BUILDING COMMITTEE Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to confirm the appointments of Ema Willingham (regular) , Tom Cook (alternate) , John Link, Albert Kittrell, Paul Thames, Pam Jones, Marvin Collins (ex-officio) and Roger Walden (ex officio) and to appoint Ned Brooks as a representative of the neighborhood in which the facility will be built. VOTE: UNANIMOUS HUMAN SERVICES ADVISORY COMMISSION Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to appoint Mary C. Davison and Shirley C. Siegel to serve as AT LARGE representatives for three year terms on this Commission. VOTE: UNANIMOUS SCHOOL CAPITAL NEEDS ADVISORY COMMITTEE Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to appoint Moses Carey and Alice Gordon to serve as the County Commissioner representatives on this Committee. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the Regular Meeting of June 25, 1991 as circulated. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION • XIV. ADJOURNMENT With no further items for consideration, Chairman Carey adjourned 534 the meeting. The next regular meeting will be held on Tuesday, August • 20, 1991 at the Franklin Street Post Office District Courtroom in Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk • • 535 1 RESOLUTION • OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: August 5 , 1991 Name of Subdivision: Falling Cedars Revised Preliminary Plan Owner/Applicant: Dick Swank The Board of County Commissioners hereby approves Falling Cedars (revised) subdivision preliminary plat, dated May 20, 1991 and containing 10 lots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal I. Each residential lot except lots 7 and 8 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 . Septic easements shall be provided for lots 7 and 8 by a lot (see lots 7A/8A) owned in common by the owners of lots 7 and 8 as indicated on the Preliminary Plat. The easements and their conditions shall be contained in the development restrictive covenants or other documents. A reference to the restrictive covenants shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. 4 . Indicate access easements for installation, monitoring and repair of remote septic lines and drainage fields for lots 7 and 8 . 5. Lot 7A/8A is of restricted development potential becauseit. _ is reserved to accommodate septic drain fields for lots 7 and 8 . 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. - 536 2 B. Roads and Access • 1. Falling Cedars Drive shall be maintained to Class B private road standards within a 50 foot right-of-way. 2 . A revised Private Road Maintenance Agreement for Falling Cedars Drive shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 3 . A provision that there be no ' further subdivision of any lot created by this subdivision 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 . Lots 1 through 9 shall access onto Falling Cedars Drive. 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. 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. D. Drainage 1. A stream buffer shall be provided for a width of 75 feet (each side) along the creek as shown on the Final Plat. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified 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 $202 . 00 ($7079 . 86/acre x 1/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. • 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. 537 3 2 . The following natural and man-made site features shall be • shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory" , houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Creek across lots 1 and 9 . 3 . The following easements shall be shown on the plat: a. 50 ' right-of-way for Falling Cedars Drive. b. Lots 7A/8A reserved for wastewater disposal from lots 7 and 8 . c. 20 ' septic lateral and access easement across lot 7A to lot 8A. 4 . A setback of 50 feet shall be maintained as measured from the edge of right-of-way of Falling Cedars Drive. Side yards shall be a minimum of 25 feet, and rear yards a minimum of 25 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 except lots 7 and 8 contains a suitable area for septic disposal. 4 . The Department of Environmental Health shall certify that lot 7A/8A contains an easement for each of the lots (7 and 8) of sufficient area for septic disposal and repair and that all other residential lots contain sufficient area for septic tank disposal and repair. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. igna((ture of Applicant Cier to the Bo d • 1, 44, L(A}a ki k accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. REPORT OF TAXES COLLECTED FOR YEAR. ENDING,,;,JU E 30, 1991 ORANGE COUNTY Levy for 1990 S 33 , 209, 132 . 50 1989 and Fri-or S 811 , 134 . 66 Total interest charged $ 148 , 985 . 90 Tctal S 34 , 169 , 453 . 06 Levy collected for 1990 S 3? . 536 , 510 . 5 1989 and pior S 542, 105 - q-1 A,,--count-.:i receivable for 1990 672 622 . 14 1989 anal prices S 269 , 228 . 75 Tcta1 interest collected S 148 , 985 . 90 Total S 34 , 169 , =153 . 06 TOWN OF CHAPEL HILL Levy for 1990 S 10 , 184 , 908 . 11 _. 1989 and prior $ 214 , 056 . 43 Total interest charged $ 43 , 355 . 06 Total S 10 , 442 , 319. 60 Levy collected for 1990 S 10 , 012 , 308 . 93 1989 and prior S 149 , 83? . 90 Accounts receivable for 1990 $ 172 , .599 . 18 1989 and prior $ 64 , 223 . 53 Total interest collected S 43 , 355 . 06 Total S 10 , 442 , 319 . 60 539 REPORT OF TAXES COLLECTED FOR YEAR E\Dltic; JUNE ]0 , 1991 .� TOWN OF CARRBORO Le-,;y Fur 1990 S 2 , 249 , 373 . 20 1989 and prior S 74 , 191 . 35 Total interest charged S 0 , °8? . ?9 Total S 2 , 33? , 446 . 84 Le\•y collected for 1990 S 2 , 197 , 135 . 17 19°9 and prior S 29 , 151 . 1L-1 'accounts receivable for 1990 S ? , X38 . 0' 1989 and prior S -,5 . 039 . 7 4 Total interest collected) S 8 , 882 . 29 S 2 , 332 , 446 . 84 TOWN OF HILLSBORO Levy for 1990 $ 699 , 760 . 97 1989 and prior S 15 , 921 . 32) Total interest charged $ 3 , 357 . 81 Total S 719 , 040 . 10 Levy collected for 1990 $ 678 , 475 . 39 1989 and prior S 9 , 353 . 04 A.cCOUnts receivable for 1990 S 21 , 285 , Q4 1989 and prior S 6 , 568 . 35 Total interest collected $ 3 , 357 , 81 • Total S 719 , 040 . 10 540 • OTHER REVENUE CHAPEL HILL VEHICLES Le%-v for 1990 5 94 , 021 . 5= 1_989 and prior $ 4 , 446 . 12 Total S 98 , 537 . 67 L_ -v _ollec-ted for 1990 S 89 , 930 . 69 19°9 and prier 5 1 , ' �_ 3 . .,:1_2 �c punts re�--eivable f: r 1990 S 4 , 160 . 86 1Q,09 and prior s 2 , 512 . 80 Total S 9E , :37 . 67 CARRBORO VEHICLES Levi- fcr -1990 $ 30 , 330 . 74 1989 an3 prior 5 3 , 003 . 79 Total $ 33 , 333 . x? Levy collected for 1990 S 38 , 337 . 30 19"'9 and prior S 781 . 31 .A:_„-aunts receivable for 1990 S 1 , 991 . 34 1989 and prior c 1 , 331 . 48 Total S 33 , 333 . 53 MOTOR VEHICLES PENALTY Levv for 1989 $ 51 , 808 . 78 Levy collected for 1989 S 18 , 000 . 64 accounts receivable for 1989 S 33 , 308 . 14 Total S 51 , 008 . 78 541 HILLSBOROUGH VEHICLES T.evv for 1990 S 14 , 6 20' . U0 1939 and r:r r 5 0 . 00 Total S 14 , t-320 . 00 T2v� .11Y:-ted for 1990 S 13 , . 9 . 85 P 8 9 and pri :r S 000 . 00 a:_._ :unts _eceivable for 1990 S 1 , F0 . 15 1939 and prior S 000 . 00 Total S 14 , 620 . 00 •1 }