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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 2,. 1990
The Orange County Board of Commissioners met in regular session on April 2, 1990 at
7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina.
BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice-Chair Stephen Halkiotis,
Commissioners John Hartwell, Shirley Marshall and Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Ellen
Liston, Senior Citizen Coordinator Myra Austin, Deputy Clerk to the Board Kathy Baker,
Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Personnel Analyst I
Eleanor C. Green, Purchasing and Central Services Director Pam Jones, and Planning
Technician Beth McIver.
I. BOARD COMMENTS
Commissioner Marshall announced that Governor Martin has.proclaimed this week as
Public Health Week. The County is celebrating this in various ways. The public is invited
to a reception this Friday from 4--6 at the Health Building.
Commissioner Halkiotis made reference to a resolution approved by the Board on
Carden's Mobile Home Park. Mr. Stevenson is extremely thankful for the support shown by
the County to resolve this longterm problem.
Commissioner Hartwell expressed a concern about a report in the Chapel Hill
:'Newspaper on a meeting held between the Chamber of Commerce and EDC. County Manager John
Link reported that specific ideas were expressed on how the Chamber might be more involved
in economic development activity. Those kinds of activities included greater involvement
in supporting tourism, and greater support in certain elements of small business
development. His impression was that the Chambers were going to be prepared to speak
specifically to what they would want to be doing and the amount of funding they might want
to carry out those functions. He encouraged the EDC to be receptive to the proposals from
the two chambers as it relates to tourism, helping with small business development and
helping with recruitment by hosting the contacts as they come into the County and being
responsive to present businessmen or potential candidates coming in.
IY. COUNTY MANAGER'S REPORT
NONE
III. ADDITIONS OR CHANGES TO THE AGENDA
Add to the agenda a resolution for Earth Day 1990
IV. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chairman Carey announced that those who have indicated a desire to speak to
an item on the printed agenda will be recognized at the appropriate time.
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B. MATTERS NOT ON THE PRINTED AGENDA
Mr. Wayne P. Hoffman, owner of Elite Auto Body Shop, stated he would li'`'
to build an addition to his shop. The problem was created in 1981 when zoning was
originally applied in Bingham Township. His shop was not put where it is actually located.
The lot was drawn incorrectly on the Zoning Atlas. He illustrated this with plats of the
area. .
Motion was made by Commissioner Hartwell seconded by Commissioner Marshall
to schedule a special public hearing for May 1, 1990 to consider a zoning atlas amendment
to correct the zoning atlas and the problem as identified by Mr. Hoffman.
VOTE: UNANIMOUS
PUBLIC CHARGE
Chairman Moses Carey, Jr. read the public charge.
V. ITEMS FOR DECISION--CONSENT AGENDA
Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to
approve the items on the Consent Agenda as listed below:
A. RENCHER STREET CDBG MATCHING FUNDS
To adopt the-grant project ordinance amendment and the budget ordinance
amendment as stated below:
GRANT PROJECT ORDINANCE
COMMUNITY DEVELOPMENT BLOCK GRANT - 1988
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 ordinance adopting the "Community Development
Block Grant - 1988" is hereby amended as follows:
Section 1. Section 3 of the above mentioned ordinance is amended to read as follows:
Community Development Grant $ 600,000
Program Income 300
Transfer from General Fund 85,000
$ 685,300
Section 2. Section 4 of the above mentioned ordinance is amended to read as follows:
b
Acquisition
$
3,000
Street Improvements 99,925
Sewer Improvements 182,688
Water Improvements 64,718
Clearance Activities 1,700
Rehabilitation of Privately
Owned Dwellings 185,128
Administration 81,388.
Sewer Improvements-Local option 66.753
$ 685,300
Section 3. Section 8 of the above mentioned ordinance is added to read as follows:
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This ordinance shall be in effect from date of adoption until June 30, 1991.
'Adopted this 2nd day of April, 1990.
ORANGE COUNTY
PROPOSED
1989-90 BUDGET AMENDMENTS
The 1989--90 Orange County Budget Ordinance, as amended, is hereby amended as follows:
BEFORE AFTER
AMENDMENT AMENDMENT AMENDMENT
GENERAL FUND
(1) Source:
Approp Fund Balance $ 739,722 $ 85,000 $ 824,722
Appropriation:
Transfer to other Funds $1,492,210 $ 85,000 $1,577,210
To budget for required County matching funds for the Rencher Street CDBG Project.
BUDGET AMENDMENT NUMBER: 12
B. ANNUAL CONTRIBUTIONS CONTRACT/SECTION 8 CERTIFICATE PROGRAM
To adopt a resolution as stated below authorizing the Chair to sign the
Annual Contributions Contract for the Section 8 Existing Certificate Program on behalf of
',the County.
RESOLUTION AU'T'HORIZING EXECUTION
OF AN ANNUAL CONTRIBUTIONS CONTRACT
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. A-2903, is hereby approved and
accepted both as to form and substance and the Chair of 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.
C. EMERGENCY SHELTER GRANT APPLICATION
To authorize submission of an Emergency Shelter Grant Application for
additional funds to assist families and individuals who are homeless primarily due to their
economic circumstances and to authorize the Chair to sign this application.
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D. HEALTH DEPARTMENT FEE SCHEDULE FOR COMMUNITY SCREENING SERVICES
' To approve the fees as stated below to be charged to companies and
organizations requesting health department community screening services through the heal`
promotion and adult health programs.
Proposed Fee Schedule for Community Screenings
The Orange County Health Department provides health promotion consultation and
screening services to Orange County businesses, churches and other groups. The following
fee schedule has been developed by (1) surveying other counties who offer similar services
to their community businesses and organizations, and (2) by assessing the cost of supplies
for the service.
Health Risk Appraisal ...............................................................$10.00
Includes computer printout and interpretation.
cholesterol (Reflotron) ............................................................. $ 5.00
This fee has already been approved.
Blood Pressure ......................................................................$1.00
This fee has already been approved.
Hematocrit ..........................................................................$ 3.00
This fee has already been approved.
Guaiac (occult blood in stools) ..................................................... $ 4.00
This includes 3 packet kit and follow-up if abnormal.
Blood Glucose .......................................................................$ 3.06.:
This includes interpretation and educational material.
Immunizations: Adult Tetanus/Diphtheria ............................................ $ 1.00
Available to 10 or more in a group. per person
Health Promotion Education - Classes .............................................$30.00/hr.
This includes lectures, clinic, workshops in the following areas:
Smoking Cessation Stress Management
Nutrition Information Weight Management
Fitness Etc.
Cooking classes would require an additional cost for ingredients.
Consultant Services ................................................:.........1st hour free;
thereafter, $10.00/hr..
E. PROPOSED ZONING ORDINANCE TEXT AMENDMENT-BOARD OF ADJUSTMENT ADMINISTRATION
To approve the amendment as stated below to the Zoning ordinance to
reference that the Board of Adjustment meeting is subject to the Open Meetings Law.
All meetings of the Board shall be conducted in compliance with the North Carolina
Open Meetings Law, North Carolina General Statutes G.S. 143.318.9 et seq. The Board shall
give public notice of its meetings also as provided in the Open Meetings Law. Notice shall
be given to Board of Adjustment members as provided in the Rules of Procedure adopted by
the Board.
F. ACCEPTANCE OF FINAL AIRPORT REPORT = CLOSEOUT OF PROJECT
To accept the final report regarding the airport proposed in orange County
and to authorize the Purchasing and Central Services Director to file the necessary
paperwork to close out the project. A copy of this report is in the Commissioners'
Library.
VOTE: UNANIMOUS
VI. RESOLUTIONS/PROCLAMATIONS
A. PROCLAMATION OF COUNTY GOVERNMENT WEEK
Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to
proclaim April 23-27, 1990 as orange County Government Week and endorse the planned
activities as outlined in the agenda abstract. The proclamation is stated below:
PROC,I.AMATION
WHEREAS, The North Carolina Association of County Commissioners and the National
Association of County Commissioners have urged citizens across the state to learn
more about the county government's role in lives and. to be more involved as
county citizens' and
WHEREAS, Orange County government has served the citizens of the county since 1752 and we
are responsible for a growing number of services which"have direct impact of
local citizens; and
WHEREAS, the elected and appointed officials in county government take great pride in
serving the citizens of the County and in being directly involved in shaping the
future; and
WHEREAS, in Orange County the volunteer spirit is still alive and well and the volunteers
serve as our partners in progress; and
WHEREAS, through their volunteer involvement, citizens learn more about community needs
and resources and serve as communications links to the entire community.
NOW, THEREFORE, we the Board of Commissioners do hereby proclaim the week of April 23
through April 27, 1990, as Orange county Government Week, and reaffirm our
support and appreciation of the valuable contributions of Volunteers in the
County. And, further urge all citizens to become more familiar with county
government.
VOTE: UNANIMOUS
B. PROCLAMATION FOR SENIOR GAMES
Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell
to proclaim the week of April 23, 1990 as Orange County Senior Games Events Days. The
proclamation is stated below:
PROCLAMATION
Whereas, According to recent population figures, there are almost 14,000 persons over 55
years of age in orange County; and,
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Whereas, Orange County is concerned about the health, fitness, and social well-being of
its older population; and,
Whereas, Orange County Senior Games provides a special opportunity for older adults to
grow positively in the areas of health, fitness, and social well-being; and,
Whereas, Orange County would like to encourage local business and resident support and
participation from county residents age 55 and older;
NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners
declares April 23-28, 1990, as Orange County Senior Games Events Days and
encourages citizens age 55 and over to participate.
VOTE: UNANIMOUS
C. RESOLUTION FOR EARTH DAY 1990
?. Motion was made by Commissioner Halkiotis, seconded by commissioner Marshall
to adopt the resolution endorsing April 22 as Earth Day 1990 and designating April 15-22,
1990 as Earth Week. The Resolution is stated below:
ORANGE COUNTY EARTH DAY 1990 RESOLUTION
WHEREAS, Human activities are seriously compromising the earth's ability to sustain life as
a result of environmental threats, such as global warming, ozone depletion, acid rain,
increasing human and pet populations, declining soil fertility, extinction of species, air
pollution, water pollution, and earth pollution; and
WHEREAS, Citizens and community leaders are now recognizing environmental protection and
resource conservation to be essential prerequisites to sustained prosperity and
environmental well-being for all living things; and
WHEREAS, Cities and counties have many critical environmental responsibilities, including
land-use management, management of transportation systems, solid and liquid waste
management, protection of water resources, and much more; and
WHEREAS, Almost twenty years ago, millions of Americans joined together on Earth Day to
express an unprecedented concern for the environment, and their collective action resulted
in the passage of the first significant legislation to protect our air, our water, and the
lands around us; and
WHEREAS, Citizens and their governments must strongly commit themselves to act to meet the
global environmental challenges without delay, and stand together in cities, counties,
towns and villages around the world for a week of collective action to declare our shared
resolve for the future;
NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS
Endorses April 22 as Earth Day 1990, and declares that April 15-22, 1990 shall be set aside
for public activities promoting preservation of the global environment.
VOTE: UNANIMOUS
S. ITEMS FOR DECISION--REGULAR AGENDA
Chairman Carey stated that any new information brought forth at this meeting will
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be referred to the appropriate group for a recommendation that will be considered by the
Board of Commissioners at a later time.
A. PUBLIC HEARING DATE - TRANSPORTATION THOROUGHFARE PLANS
Motion was made by Commissioner Marshall, seconded by Chairman Carey to
approve holding a public hearing on May 16, 1990 at 7:30 p.m. in superior Courtroom on'
Phase I components of the Transportation Plan.
VOTE: UNANIMOUS
B. PROPOSED AMENDMENTS - JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING
AGREEMENT
Planning Director Marvin Collins stated that this item relates to the
University Lake Watershed protection measures and involves proposed amendments to the Joint
Planning Area Land Use Plan and the Joint Planning Agreement. These proposals were
presented to public hearing on February 28, 1990. The recommended amendments include
incorporating into the Joint Planning Land Use Plan descriptions of the basic strategies
for protecting the University Lake Watershed as recommended by Camp Dresser and McKee in
their study. Two options are identified. The recommended strategy is one of five-acre
minimum lot size zoning. The other amendment includes a Land Use Plan overlay category
entitled the University Lake Watershed Area and sets forth development patterns and
standards based on the recommended options. The third amendment involves the County's
water and sewer extension policy and includes refinements contemplated by the Joint
Planning Area jurisdictions. The final amendment involves the agreement itself and deletes
the reference to an overlay district entitled "Water Quality Critical Area" and substitutes
in its place the new designation "University Lake Watershed Area." Collins reviewed the
l...,,comments on the proposed amendments from the Chapel Hill Town Council and the Carrboro
,,:Board of Aldermen. The revisions and additions are listed in the agenda abstract.
PUBLIC COMMENTS
Mr. Bill Burch presented for the Board's consideration a recommendation for permanent
protection of University Lake Watershed and wildlife. The main emphasis was the purchase
of open land in the watershed area with a surcharge from OWASA customers. The entire
presentation is in the permanent agenda file.
Mr. Duncan spoke against the proposed restrictions which do not allow sewer lines or
water extensions in the University Lake Watershed for existing lots. He stated that the
federal grant for septic lines is unrestricted and that previous agreements to allow sewer
connections are not being honored. He asked that the proposal be amended to allow sewer
and water connections and to honor previous commitments.
Marvin Poythress spoke about the five United Churches of Christ. They are attempting
to build low cost housing. There are seventy acres in Chestnut Oaks that have already been
surveyed for the Habitat for Humanity. He requested that the County give them a variance
or exception to allow a one-acre minimum lot size for affordable housing. Chairman Carey
stated that the County is aware of this situation and will work to resolve it.
Commissioner Halkiotis suggested forming a citizens group to study the
possible sources of funding to buy and protect the land that is in the development area of
the University lake Watershed. He suggested that those who live and own land in the
University Lake Watershed and those who pay for OWASA water form a group and meet to
discuss the situation.
Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell
.to approve the Administration's recommendation as stated below and authorize the Chair to
sign a Joint Planning Agreement which contains these amendments and to refer the proposals
made by Commissioner Willhoit to the Intergovernmental Work Group for further discussion.
The Thirteen Point Agreement will be referred to as the Thirteen Point Recommendation from
hence forward. The text of the amendments is listed below:
A. Amend Section II Natural Environment by rewriting the subsection
entitled "B Water Resources" to read as follows:
Residents of southeast Orange County obtain water from two sources: groundwater (wells) or
reservoirs. However, the most reliable source of water for urban use is a reservoir.
Until recently, Chapel Hill, Carrboro, and the surrounding areas relied exclusively on
University Lake. That source was recognized as inadequate as a long-term water source, and
Cane Creek reservoir west of the Joint Planning Areas has been constructed and is now
operational. The two reservoirs should provide a raw water supply adequate for the next 20
years. In addition, the Land Use Element of the Orange County Comprehensive Plan has
identified possible future reservoir sites to the north of Chapel Hill.
The link between land use planning and water resources in the Joint Planning Area lies in
protecting water quality by limiting development in University Lake watershed. In 1988,
the Orange Water and Sewer Authority commissioned a study to develop a range of options for
protecting the University Lake watershed. The consulting firm of Camp, Dresser and Mckee
(CDM), nationally recognized experts in watershed evaluation, completed the study in March,
1989. Because the consultants did not find improving water quality to be a practical
objective, they recommend preventing significant future water quality deterioration in
University Lake as a primary goal.
The CDM report presented two fundamental ways of meeting the University Lake water quality
goal. Nonstructural management practices, such as controlling land use through local
zoning and subdivision regulations, could reduce the pollution generated from future
development by controlling the amount and location of impervious surfaces and other
pollution-causing activities. Structural practices, such as stormwater detention ponds,
would not reduce the amount of pollution generated but prevent substantial portions of it
from reaching University Lake by trapping pollutants near their point of origin.
The report recommended nonstructural methods as the preferred approach to watershed
protection. Basic elements of the proposed nonstructural plan included large lot (five-
acre) residential zoning, limits on impervious surfaces, and the preservation of stream
buffers along streams. The advantages of the nonstructural approach included the lower
amount of pollution generated and its reduced risk of entering the lake, the elimination of
construction and maintenance costs for stormwater devices, and the ability to provide
wastewater disposal through individual septic systems rather than risky community
wastewater systems.
The CDM report did'find that the water quality goal could be achieved through adopted land
use plans and regulations (two-acre zoning) and the construction of a significant number of
stormwater detention ponds. While the approach would provide for continued growth in the
watershed, the high public and private costs associated with a system of 72_ larger regional
detention ponds or an indeterminate number of smaller individual-development-detention
ponds and intensive on-going maintenance requirements were noted as disadvantages. In
addition, there would be no way to convert back to a nonstructural control strategy if a
structural program resulted in unsatisfactory watershed protection.
B. Amend Section V Joint. Planning Operating Principles by deleting the following wording
from the subsection entitled "Initial List of Principles - University Lake Watershed":
C. Amend Section V Joint Planning Operating Principles by deleting the table which
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identifies the Joint Planning Area Land use Plan Categories and substituting the following:
JOINT PLANNING AREA LAND USE PLAN CATEGORIES
Major Land Use Plan
class Subclass Cateaorv
Resource Protection
Public-Private Open Space
Suburban Residential
Transition Urban Residential
TRANSITION Transition I Office-Institutional
Transition II Future UNC Development
Retail Trade
Light Industrial
Disposal Use
University Lake Watershed
Resource Protection
RURAL Public-Private Open Space
Rural Buffer Agricultural
CONSERVATION Rural Residential
Retail Trade
Extractive Use
(The proposed amendment deletes a category entitled "Water Quality Critical Area" and
substitutes "University Lake Watershed Area" in its place.)
D. Amend Section V Joint Planning Operating Principles by rewriting the last sentence of
the subsection "Rural Buffer and Conservation" to read as follows:
The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories:
Rural Residential; Agricultural; Public-Private Open Space; Resource Conservation;
Extractive Use; and the overlay category designated University Lake Watershed Area.
In addition, the subsection "Water Quality Critical Area" is deleted and, in its place, the
following new subsection is substituted:
UNIVERSITY LAKE WATERSHED AREA
The University Lake Watershed Area includes all lands which drain into the University lake
reservoir. Based on a preferred watershed protection strategy of land use controls as
recommended by Camp; Dresser and McKee in the University Lake Watershed Study, only low-
density residential uses are permitted. A minimum lot size of five (5) acres and a maximum
density of one (1)-unit per five (5) acres is required for any development. Cluster
subdivisions with lot sizes of not less than one (1) acre. are also allowed as well as the
creation of a limited number (5) of two-acre lots.
E. Amend Section VI Future Land Use - Joint Planning Area by rewriting the first paragraph
of the subsection "The Rural Buffer Area" to read as follows:
Seven categories of Rural Buffer land use have been depicted on the Land use Plan. These
categories include Resource Protection Areas, Public-Private Open Space Areas, Agricultural
Areas, Rural Residential Areas, Retail Trade Areas, Extractive Uses, and the overlay
category designated University Lake Watershed Area.
In addition, the subsection "Water Quality Critical Area" is deleted and, in its place,
following new subsection is substituted:
UNIVERSITY LAKE WATERSHED AREA
The University Lake Watershed Area includes all lands which drain into the University Lake
reservoir. Based on a preferred watershed protection strategy of land use controls as
recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-
density residential uses are permitted. A minimum lot size of five (5) acres and a maximum
density of one (1) unit per five (5) acres is required for any development. Cluster
subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the
creation of a limited number (5) of two-acre lots.
A final change to Section VI innvolved the subsection "Rural Residential" and redrafting
the third papagraph to read as follows:
To the west of Carrboro, Rural Residential development is also expected in University Lake
watershed. However, only low-density residential uses are anticipated. For this reason,
residential development will continue to rely on wells and septic tanks for water supply
and sewage disposal.
F. Amend Section VII Overview of Implementation Strategies by rewriting the last paragraph
of the subsection "Sewer and Water Extension Policy" to read as follows:
The Orange Water and Sewer Authority (OWASA) is the provider of water and sewer in the
Joint Planning Area. OWASA policy is to extend water and sewer in accordance with the
adopted policies of the applicable local governments. Current Orange County policy is to":"
approve water and sewer extensions generally only to recognized Transition Areas, and,
outside of Transition Areas, to approve extensions of water or sewer systems only to
provide service to an essential public service, such as a school, or to remedy a public
health emergency, such as a failing septic tank or failing package treatment plant.
Refinements to this policy have.been recommended as part of Joint Planning Area
implementation strategies. Under consideration currently is a temporary prohibition on
public water extensions in University Lake watershed until a study can be undertaken of the
advisability of extending such service. Furthermore, either an out-right prohibition or a
temporary prohibition on public sewer extensions appears likely, excepting.sewer service
extensions to remedy a public health emergency. If a temporary prohibition is adopted, the
provision of sewer service in the watershed would be reconsidered following a study
regarding the advisability of such extensions.
The amendment to the Joint Planning Agreement is as follows:
1. Amend the definition of "Rural Buffer" in Section 1.2 Definitions by deleting the
reference to the "overlay district designated Water Quality Critical Area" and substituting
"overlay district designated University Lake Watershed Area".
The Administration further recommends that the Board of Commissioners authorize the chair
to sign a Joint Planning Agreement containing the amendments referenced above. The revised
Agreement will then be forwarded to the Towns of Chapel Hill and Carrboro for
consideration. A final recommendation is that the following proposals of Commissioner
Willhoit and the Planning Board be pursued through the Intergovernmental Watershed Work
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Group: '
1. Committing to the public acquisition of land and/or the purchase of development
rights to reduce future pollutant loading potential;
2. Providing tax incentives for "environmental easements" patterned after
agricultural use-value assessments;
3. Determining the location of the majority of two-acre and smaller lots and the-use
of structural BMP's in sub-basins serving existing small lot subdivisions; i.e.,
East Prices Creek (Heritage Hills) and West Prices Creek (Chatham County); and
4. Proceeding with the review and implementation'of the 13--point recommendation.
.As part of 14 above, consideration should also be given to lot size averaging alternatives
and impervious surface ratio modifications.
VOTE: UNANIMOUS
Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell
to request OWASA to include funds in their 1990-91 and subsequent budgets for acquisition
of land.
VOTE: UNANIMOUS
Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis
to request OWASA to include in their 1990-91 budget funds for an engineering study for
watershed protection measures for Cane Creek Reservoir.
VOTE: UNANIMOUS
C. PROPOSED AMENDMENT _ ORANGE COUNTY COMPREHENSIVE PLAN
Motion was made by Commissioner Willhoit, seconded by chairman Carey to
approve the proposed amendment per the Planning Board recommendation. A copy of this
amendment may be found in the permanent agenda file in the Clerk's office.
A substitute motion to add the University Lake Watershed as an Orange County
Land Use Plan category with a one sentence definition to say "Land that drains into the
University Lake Reservoir" was made by Commissioner Hartwell, seconded by Commissioner
Marshall.
VOTE ON THE SUBSTITUTE MOTION: UNANIMOUS.
A substitute motion to table the Land Use Plan Category Description for
Water Quality Critical area was made by Commissioner Hartwell, seconded by
Chairman Carey.
VOTE ON THE SUBSTITUTE MOTION: UNANIMOUS.
VOTE ON THE MAIN MOTION: UNANIMOUS
D. 2-1-90 UNIVERSITY LAKE WATERSHED lULW) DISTRICT
Motion was made by Commissioner Willhoit, seconded by Chairman Carey to
approve the rezoning.of approximately 15,385 acres from the current classification of
Protected Watershed II and Water Quality Critical Area to a new zoning district
classification, the University Lake Watershed District.
VOTE: UNANIMOUS
E. PROPOSED AMENDMENTS - ORANGE COUNTY ZONING ORDINANCE
Marvin Collins explained that the proposed amendments would implement the
strategies for watershed protection identified in the final Report - University Lake
Watershed Study dated March, 1989, and the basic strategies identified in the proposed 13-
point agreement prepared by the Joint Watershed Work Group and dated October, 1989. Two
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options were presented at public hearing. Option ,fl,.which is the recommended option is
based on the land use control strategy recommended by CDM, the consultants who prepared
University Lake Watershed Study, and the Joint Watershed Work Group. The most basic
provisions of this option include a minimum lot size requirement of five (5) acres and a
maximum density of one (1) unit per five (5) acres for any development. Cluster
subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the
creation of a limited number (5) of two-acre lots. As an alternative to the latter
provision, the number of new two-acre lots which can be created may be limited to two (2)
in order to maintain higher water quality levels. Development standards for impervious
surface coverage; stream buffers; placement of streets, driveways, and buildings; and water
supply/sewage disposal facilities are also proposed.
The CDM study recommends a four percent (4%) impervious surface limitation for five-acre
lots, while the proposed 13-Point Agreement of the Watershed Work Group included a four
percent (4%) limit for five acre lots, six percent (6%) for two to five-acre lotsk and
twelve percent (12%) for lots smaller than two acres. In addition to the Work Group
proposal, a more workable six percent (6%) ratio has been proposed by the orange County
Planning Department for five acre lots. To account for lots larger than five acres,
existing lots of less than five acres, and the limited number of two-acre lots which may be
created, a sliding scale of impervious surface ratios is proposed, ranging from four
percent (4%) for six-acre lots to fifteen percent (15%) for half-acre lots.
Motion was made by Commissioner Willhoit, seconded by Chairman Carey to
approve the staff's recommendation. Commissioner Hartwell offered an amendment to the
motion to table action on the amendments as presented to Article 4.2.27 and Article 4.2.28,
seconded by Chairman Carey.
VOTE ON THE AMENDMENT: UNANIMOUS.
Commissioner Hartwell offered to amend section 6.25.5.4 by deleting "or
closer than twenty (20) feet to the nearest edge of". This amendment failed for lack of a
second.
VOTE ON THE ORIGINAL MOTION: UNANIMOUS.
THE AMENDMENTS APPROVED BY THIS MOTION ARE LISTED BELOW
C. Amend Article 4.2..30 Major Transportation Corridor (MTC) District by renumbering the
Article to 4.2.31. (This amendment provides space for a new Article 4.2.30 establishing
the University Lake Watershed (ULW) District.)
D. Amend Article .4 by adding a new Article 4.2.30 University Lake Watershed (ULW) District
to read as follows:
a. Intent
The purpose of the University Lake Watershed (ULW) District is to prevent
significant future water quality deterioration in University Lake, a reservoir
supplying drinking water to the people of southeastern Orange County. Based on a
study entitled Final Report University Lake Watershed Study and dated March,
1989, the lake already exhibits some water quality deterioration. Unless
additional protective actions are taken, University Lake is vulnerable to
additional pollution from eutrophication (nutrient enrichment), toxicants, and
sedimentation.
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The intent of the University Lake Watershed (ULW) District is to apply a set of
regulations involving land use management practices which protect the watershed'by
reducing the pollution generated by future development. Since a major source-of
toxicants and nutrients are impervious surfaces such as roads, roof tops, and
driveways, land use management practices involving minimum lot size and imperious
surface restrictions control the amount and location of such surfaces.
b. Application Criteria
The University Lake Watershed (ULW) district is established as a district which
overlays other zoning districts established in this ordinance. The new use of any
land or any new structure within the ULW district shall comply with those
regulations applicable to the underlying zoning districts as well as the
requirements of the ULW district. Where the regulations of the ULW district
differ from those of the underlying districts or from other development standards
contained in this ordinance, the more restrictive shall apply.
1. This district will be applied to all land located within the University Lake
Watershed as designated in the Land Use Element of the Comprehensive Plan.
E. Amend Article 6.15.2 Interim Development Standards Approve d by rewriting subsection a
to read as follows:
a. University Lake Watershed
1. Area Affected - these standards shall apply to the University Lake Watershed.
2. Nature and Duration of Standards = The following interim development
standards shall apply
a) Community alternative treatment and disposal systems as well as public
water and sewer service will not be permitted in the University Lake
watershed except to--address a public health.emergency.as-determined by-
the Orange County Health Department. '_. -. - -.
b) By April 30;'1991, studies will be conducted to determine the
advisability of making public water and sewer services available within
the watershed. In addition, a pilot program for monitoring .and.-
inspecting alternative treatment and disposal- systems-as_operated by
the Orange County Health Department will be evaluated -to determine the
advisability of permitting such systems in the watershed.
e
C) Following receipt and review of the above mentioned studies, a decision
will be made regarding the use of alternative treatment and disposal
systems and the advisability of public water and sewer services in the
watershed.
H. Amend Article 6.25 Extra Re uirements for the Major Transportation Corridor MTC
District by renumbering the Article to 6.26
G. Amend Article 6 by adding a new Article 6.25 Development Standards for the University
,ake Watershed ULW District to read as follows:
PAGE" a
6.25 Development Standards for the Universi.tX Lake Watershed ULW District
Within the University Lake'Watershed (ULW) District, significant water
quality deterioration may be prevented by land use controls which reduce the
pollution from future development. For this reason, the new use of any land
or any new structure within the ULW district shall comply with the following
development standards:
6.25.1 inimum Lot Size Regulated
The minimum required lot size for any use in the University Lake Watershed
(ULW) District shall be five (5) acres except as may be permitted in Article
6.25.2 or Article 6.25.3. In addition, no residential development shall
exceed a density of one (1) dwelling unit per five (5) acres except as may
be permitted in Article 6.25.2.
6.25.2 Existing Lots of Record
a. Existing lots of record as of October 2, 1989 can be subdivided to
create up to five (5) lots of not less than two (2) acres in size;
provided, however, the remaining land shall be developed with a minimum
lot size of at least five (5) acres for each lot and at a density not to
exceed one (1) dwelling unit per five (5) acres of land area.
b. Existing lots of record as of October 1, 1989 that are less than five
(5) acres in size and which cannot be further subdivided can be
developed by the owner at the current lot size.
6.25.3 Cluster Alternative
Cluster developments are permitted, provided the minimum lot size for each
lot in the development is not less than one (1) acre, and the overall
density of the development, including the land area saved by lot size
reductions, does not exceed one (1) dwelling-unit per five (5) acres.
All land area saved by lot size reductions shall be-reserved as permanent
open space. If cluster open space'is'not dedicated for public -use;'it -shall
be subject to approved arrangements sufficient to assure its maintenance and
preservation. Such arrangements may include, but not be..limited to, the
conveyance of the open space to a local or regional land conservancy or a
homeowners association, provided the-subdivider shall record a declaration
of covenants and restrictions which prohibits further 'subdivision of the
open space as well-as its use for development purposes.' - -
If needed to control pollution loadings resulting from the runoff from
impervious surfaces in a cluster development, on-site wet detention basins
or ponds may be required. Where required, the design of such facilities
shall be based on the criteria set forth in the Final Report _ Universi
Lake Water Study dated March, 1989. Provision shall also be made for the
public inspection and maintenance of such :Facilities.
6.25.4 Impervious Surface Regulated
An impervious surface is a surface composed of any material which impedes or
PAGE-2.,c.
prevents the natural, infiltration of water into the soil. Impervious
surfaces shall include both paved and unpaved surfaces, including, but not
limited to, streets and parking areas, driveways, sidewalks
structures which cover the land, patios, and
In order to promote the infiltration of stormwater runoff into the soil and
to minimize direct and immediate runoff into streams and University Lake
reservoir, impervious surface ratios shall be required as provided in the
fable of Impervious Surface Ratios for University Lake Watershed - Section
6.25.4
Impervious surface calculations for an individual lot shall be cumulative,
including the original construction and any subsequent additions thereto.
The calculation of impervious surface coverage for an individual lot shall
also include one-half of the street surface on which the lot fronts or
abuts; provided, however, the impervious surface calculation will not
include the surface of any street existing on April 2, 1990 unless the
street is upgraded to a greater width. In such cases, only the additional
width shall be included in calculating the impervious surface coverage.
It is the intent of this section that the impervious surface limitations
specified herein shall apply to the entire tract to be developed.
Therefore, if-the subdivision involves the creation of any street or other
impervious surface outside the boundaries of the lots so created, then the
total impervious surface allocation may be determined as follows:
a. The total area of permissible impervious surface for the entire
subdivision shall be calculated, applying the percentage limitations set
forth in Table 6.25.4.
b. From the total area calculated pursuant to a. above, there shall be
subtracted the impervious surface area within streets and other areas
outside of the individual lot boundaries.
c. Following the calculation. set forth-in-Lb:--above, the-remaining -
permissible impervious surface shall be allocated equally to each lot.by-..
the subdivider or as may be approved by the Zoning Officer. -The _
allocation shall be'indicated on a separate document recorded together
with the final subdivision plat.
For conventional subdivisions=to be developed_:in accordance with th e
provisions of Article 6.25.1 and cluster subdivision to be d e
eveloped in
accordance with the provisions of Article 6.25.3 an' impervious surface
limitation of four percent (4%) (or six percent (6%)) shall apply to the
entire tract to be developed. For an existing lot of record to be developed
in accordance with the provisions of Article 6.25.2b, the full range of
impervious surface ratios specified in Table 6.25.4 is applicable.
6.25.5 Stream Buffers Re uired
The effective use of buffer zones along streams can increase the overall
factor of safety associated with a watershed protection plan. By preventing
development from encroaching on steams, buffer zones can help minimize
stream channel erosion downstream of development. If properly situated and
PAGE-290
kept in undisturbed natural vegetation, buffer zones will receive sheetflow
runoff; i.e., runoff which flows slowly in a spread out pattern rather than
being concentrated in a swale, from adjoining development and achieve
reductions in pollution discharges.
Within the University Lake Watershed (ULW) District, an area of land or
buffer zone along perennial and intermittent streams shall be required to.
remain in its natural state, unless the area is subject to serious erosion,
in which case an erosion resistant vegetative cover shall be established and
maintained. Perennial streams are those streams shown in solid blue on the
USGS quadrangle maps for Orange County. Intermittent streams are those
streams shown by broken blue lines on the same maps.
6.25.5.1 Calculation of Buffer Zone Width
Width; i.e., distance from the stream bank to the edge of the buffer, is a
critical factor in determining the effectiveness of a buffer zone. An
equally important determinant in pollutant removal in a buffer zone is
travel time; i.e., the greater the time allowed for runoff to travel through
a buffer, the greater the opportunities for pollutant removal through
sedimentation, filtration, absorption, and seepage into the soil profile.
Monitoring studies of highway runoff have shown that pollutant removal in
grass swales is at a maximum after a 15-minute travel time. Based on this
standard, Table 6.25.5 was derived to provide a sliding scale for buffer
zone widths based on slope and vegetative cover.
TABLE 6.25.5 REQUIRED BUFFER ZONE WIDTHS
ALONG PERENNIAL AND INTERMITTENT STREAMS
IN UNIVERSITY LAKE WATERSHED
SLOPE
2% TO 4.9%
5% TO 6.9%
7% TO 9.9%
10% TO 14.9%
15% OR GREATER
e
TYPE OF GROUNDCOVER
GRASS ,(,FT) WOODS L
100 50
150 100
150 100
200 100
250 150
The required stream buffer zone shall start at the stream bank and be
measured away from the stream for a distance depending upon the slope and
the vegetative cover near the stream. The slope shall be calculated by
measuring a distance of 250 feet from the stream bank, determining the rise
in elevation in that distance, and dividing the rise in elevation by the
distance of 250 feet. Based on the resulting slope calculation and the type
of vegetative cover near the stream, the applicable buffer zone width may be
determined from Table 6.25.5. Slope shall be determined from the USGS
quadrangle maps for Orange County, by on-site measurements or by special
survey by a registered engineer or surveyor.
PAGE2 6 E
The required stream buffer zone shall not be limited to one calculation but
shall be based on calculations made'at points where topographical and ground
cover conditions change based on an analysis of the site.
In addition to the buffer zone resulting from the above calculations, a
stream buffer shall include any portion of a floodplain as defined in the
Orange County Flood Damage Prevention Ordinance, by special survey by a .
registered engineer or surveyor or by alluvial soils as designated in the
Orange County Soils Survey.
6.25.5.2 Buffer Zones Included As Part Of Minimum Lot Size
Stream buffer zones can be used as part of the required lot area or lot size
established as part of these development standards.
6.25.5.3 Existing Ve etation in Buffer Zones
Existing forested areas and other vegetation in a healthy condition cannot
be removed from or disturbed in a stream buffer zone. Diseased and/or dead
vegetation may be removed and replaced with vegetation resulting a
comparable stormwater runoff velocity and quantity.
6.25..5.4 Permitted Uses Within Buffer Zones
Notwithstanding any other provisions of this Article, no impervious surface
shall be located in or closed than twenty (20) feet to the nearest edge of a
designated buffer zone, except that the Zoning Officer may authorize the
crossing of a designated buffer zone and the presence of impervious surface
therein by or for:
a. A public or private street where the crossing is perpendicular to the
stream and is justified in that:.
1. Without such a crossing, over fifty percent (50%) of the land area
would be without access and therefore undevelopable; or
2. It allows a design that would clearly result in less damage to the
watershed than would result if the property were developed without
such a.crossing.
b. Above ground and buried utility lines for the distribution of
electricity, gas, telephone, and cable television service where:
1. It is practicably unavoidable if the subject property and
adjoining property are to be served or potentially served by a
public service, and an alternate design would result in greater
damage to the watershed; and
2. The system, as a whole, emphasizes placement outside designated
buffer zones; and
3. To the extent practical, the direction of the line crossing is
perpendicular to the stream.
PAGE Z 6 F
6.25.6 Placement of Streets, Driveways, and Buildings
Streets, driveways, and buildings or other impervious structures shall be
located, to the extent reasonably possible, so as to take full advantage of
the absorption capacity of the soils on which they are to be situated and to
avoid the following environmentally sensitive areas:
a. Stream buffer zones as required by Article 6.25.5 above;
b. Floodplains as defined in the Orange County Flood Damage Prevention
Ordinance, by special survey by a registered engineer or surveyor or by
alluvial soils as designated in the Orange County Soils Survey and which are
not part of a required stream buffer zone;
c. Wetland areas as defined by the U.S. Army Corps of Engineers;
d. Land with slopes greater than fifteen percent (15%); and
e. Natural areas as identified in the Inventory of Natural Areas and
Wildlife Habitats of Orange County, N.C.
To avoid the creation of lots that will be difficult to build upon in a
manner that complies with the standards set forth in this Article, the
preliminary plat for the subdivision of land shall show proposed building
envelopes and approximate driveway locations for all lots within such
subdivisions. Thereafter, no zoning compliance permit may be issued for the
construction of buildings.or driveways outside the areas so designated on
the preliminary plat unless the Zoning Officer makes a written finding that
the proposed location complies with the provisions of this Article.
6.25.7 Water Supply/,Sewage Disposal Facilities Recuired
Every principal use and every lot within a subdivision shall be served by a
water supply and sewage disposal system that is adequate to accommodate the,
needs of such use or subdivision lot and that complies with all applicable
regulations of the Orange County Health Department.
Notwithstanding the above provisions, water supply and sewage treatment
systems shall be limited to individual wells and on-site septic systems or
individual on-site alternative-disposal systems. The use of community
alternative wastewater disposal - systems_and_public water and sewer-.service
is restricted as specified in Article 6.15.2.a of this Ordinance. No new
septic,tanks and their nitrification fields shall be located within a
designated stream buffer zone or within one hundred (100) feet of a
perennial or intermittent stream as shown on the USGS quadrangle maps for
Orange County, whichever is the greater distance.
F. PROPOSED AMENDMENTS :? ORANGE COUNTY SUBDIVISION REGULATIONS
Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall
to approve the staff's recommendation as stated below:
a. Univ?er_ situ Lake Watershed
PAGE2? G
1. Area Affected - These standards shall apply to the University Lake
Watershed.
2. Nature and Duration of Standards - The following interim
development standards shall apply:
a) Community alternative treatment and disposal systems as well
as public water and sewer service will not be permitted in
the University Lake watershed except to address a public
health emergency as determined by the Orange County Health
Department.
b) By April 30, 1991, studies will be conducted to determine the
advisability of making public water and sewer services
available within the watershed. In addition, a pilot program
for monitoring and inspecting alternative treatment and
disposal systems as operated by the Orange County Health
Department will be evaluated to determine the advisability of
permitting such systems in the watershed.
c) Following receipt and review of the above mentioned studies,
a decision will be made regarding the use of alternative
treatment and disposal systems and the availability of public
water and sewer services in the watershed.
PROPOSED AMENDMENTS TO THE ORANGE COUNTY SUPERVISION REGULATIONS TO IMPLEMENT THE
UNIVERSITY LAKE WATERSHED PROTECTION STRATEGIES
Listed below are proposed amendments to'the Orange County Subdivision Regulations. If
adopted, the amendments would supplement proposed Zoning Ordinance amendments to implement
strategies for watershed protection-identified in the Final Report -University Lake _
Watershed Study dated March,-1989,-and--the basic strategies identified in the proposed 13-
point agreement prepared by the Joint Watershed Work Group and dated October, 1989. For a--..-
complete understanding. of the proposals, reference should also-be made to the proposed
amendments to the Zoning Ordinance.
The proposed amendments are being presented at a special-public hearing on February 28,
1990. The proposals involve amendments-to Orange County's Subdivision Regulations and
require only the approval of'the Board of-Commissioners. Upon completion of the public
hearing, and following receipt of the Planning Board's recommendation, the Board of
Commissioners may adopt Option #1, Option #2 or some combination of the two.
The specific wording proposed for various sections of the Subdivision Regulations is listed
below.
1. Amend Section IV-B-10 Cluster Developments by adding a new subsection g) to Section
IV-B-10-b to read as follows:
g) Cluster developments in the University Lake Watershed (ULW) District shall comply
with the development standards as set forth in Article 6.25 of the orange County
Zoning Ordinance.
PAGE Z 6 H
2.
Amend Section IV-B-10 Cluster Develo ments by rewriting the introductory paragraph of
Section IV-B-10-c to read as follows:
For lots created as part of a cluster development, minimum lot area, lot width, and"
setback requirements as specified in Article 4.1.2 of the Orange County Zoning
Ordinance may be reduced as set forth below. For lots created as part of a cluster
development in the University Lake Watershed (ULW) District, the minimum lot size may',
be reduced as specified in Article 6.25 of the Zoning Ordinance.
3. Amend Section V-C Preliminarry Plat by rewriting subsection V-C-6 as follows:
V-C-6 Floodwav and Watershed Data
The boundaries for both the floodway and floodway fringe areas shall be
designated and labeled on the plat as required by the Orange County Flood
Damage Prevention Ordinance.
For subdivisions located within a water supply watershed of regional and/or
local importance, the following information shall be designated and labeled
on the plat:
(a) Impervious surface data as required by Articles 6.23, 6.24, and/or 6.25
of the Orange County Zoning Ordinance;
(b) Stream buffers as required by Section IV-B-9-b of this Ordinance or
Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance;
and
(c) Stormwater detention and/or retention sites and undisturbed areas for
infiltration purposes as required by Section IV-B-9-c this Ordinance,
the Orange County Sedimentation and Erosion Control Ordinance or
Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance.
4. Amend Section V-D Final Plat by rewriting subsection V-D-S-d as follows:
V-D-5-d Floodwav and Watershed Data
The boundaries for both the floodway and floodway fringe areas shall be
designated and labeled on the plat as required by the Orange County Flood
Damage Prevention Ordinance.
For subdivisions located within a water supply watershed of regional and/or
local importance, the following information shall be designated or
referenced on the Final Plat:
(a) .Impervious surface data as required by Article 6.23, 6.24, and/or 6.25
of the Orange County Zoning Ordinance shall be provided in a separate
document to be recorded concurrently with the Final Plat. The Deed
Book and Page reference of the document shall be noted on the Final
Plat.
(b) Stream buffers as required by Section IV-B-9-b of this Ordinance or
Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance
shall be noted on the Final Plat. Development restrictions within the
PAGE Z 4 1
buffer shall be specified in a separate document to be recorded
concurrently with the Final Plat. The Deed Book and Page reference
shall be noted on the Final Plat.
(c) Stormwater detention and/or retention sites and undisturbed areas for
infiltration purposes as required by Section IV-B-9-c of this Ordinance
and/or Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning
Ordinance shall be labeled on the Final Plat. Any restrictions or
requirements associated with the detention/retention sites shall be
specified in a separate document to be recorded concurrently with the
Final Plat. The Deed Book and Page reference shall be noted on the
Final Plat.
G. SCRAP TIRE DISPOSAL FEE
Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell
to approve the resolution as stated below authorizing scrap tire disposal fee and
authorizing the Chair to sign said resolution:
RESOLUTION AUTHORIZING SCRAP TIRE DISPOSAL FEE
A Resolution authorizing the Landfill Owners Group through the Chapel Hill Town
Manager to assess a scrap tire disposal fee of $1 per tire that allows the Orange Regional
Landfill to fully comply with the provisions of the North Carolina Scrap tire Disposal Act.
WHEREAS, the County of orange supports the provisions of the North Carolina Scrap Tire
Disposal Act; and
WHEREAS, it is the intent of the Landfill Owners Group to collect and dispose of scrap
tires in an environmentally sound fashion;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the
,?indfill Owners Group through the Chapel Hill Town Manager is authorized to implement the
'-,_.scrap tire disposal fee of $1 per tire and to begin collection of fees upon proper notice
to the citizens of Orange County.
XI. APPOINTMENTS - Tabled
HUMAN SERVICES TRANSPORTATION COMMISSION - Forest E. Walton
XII. MINUTES - None
XIV. ADJOURNMENT
With no further items for consideration, Chairman Carey.adjourned the meeting.
The next'regular meeting will be held on April 17, 1990 at 7:30 in the courtroom of the old
Post Office in Chapel Hill, North Carolina.
Beverly A. Blythe, Clerk
Moses Carey, Jr., Chair