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HomeMy WebLinkAboutAgenda - 03-22-2012 - 5fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 22, 2012 Action Agenda Item No. 5 _ -~ SUBJECT: Update the Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies DEPARTMENT: Sheriff PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed Resolution Adopting a Lindy Pendergrass, 245.2900 Policy for Mutual Assistance with Jennifer Galassi, 245.2320 Other Law Enforcement Agencies 2. November 19, 1985 BOCC Regular Meeting Minutes Including Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies 3. 6/2/08 Chatham County Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies PURPOSE: To approve the attached resolution updating the 1985 Resolution Adopting a Policy for Mutual Assistance with Other Law enforcement Agencies, which allows the Sheriff's Department to enter into mutual assistance agreements with other law enforcement agencies to provide temporary assistance as needed. BACKGROUND: North Carolina General Statutes §§ 160A-288 and 160A-288.2 allow county law enforcement agencies to enter into mutual aid agreements with the Board of County Commissioners' authorization. Once obtained, the Sheriff's Department may temporarily provide assistance to another agency if the assistance is requested in writing by the head of the other agency. The Sheriff's Department is then authorized to loan officers (including in an undercover capacity), equipment, and supplies. Although an officer on loan is subject to the lawful operational commands of superior officers in the requesting agency, such officer remains under the control of his or her employing agency for administrative and personnel purposes, including pay. Given the reciprocal nature of any agreements into which the Sheriff enters, the Orange County Sheriff's Department will benefit from the ability to request assistance as needed from other law enforcement agencies. 2 The updates to the Resolution include the following: citing the appropriate General Statute sections and defining the maximum time period during which the Sheriff's Office may lend an officer, equipment, or supplies. FINANCIAL IMPACT: There is no financial impact associated with consideration of the resolution. RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution updating the November 19, 1985 resolution and authorize the Chair to sign the resolution. ~~, S_ a o ~ a- O 3 ~ Attachment' 1 3 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statutes §§ 160A-288 and 160A-288.2, the governing body of a county may adopt appropriate guidelines for the purpose of mutual assistance with other municipal, county, and State law-enforcement agencies; and WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and WHEREAS, it is deemed to be in the best interests of the citizens of Orange County to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, such reciprocal assistance is necessary for efFective law enforcement for the protection of the citizens of Orange County; NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT.• 1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal, and county, and State law-enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The Sheriff is hereby authorized to permit officers of the Orange County Sheriff s Office to work temporarily (herein defined as a period not to exceed twelve months) with officers of the requesting agency, including in an undercover capacity, and the Sheriff may lend such equipment and supplies to requesting agencies as he deems advisable. 3. All such request and authorizations shall be in accordance with North Carolina General Statutes §§ 160A-288 and 160A-288.2, as applicable. 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those the officer normally possesses. 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of the officer's superior officers in the requesting agency, but the officer shall for personnel and administrative purposes, remain under the control of the officer's own agency, including for purposes of pay. An officer shall furthermore be entitled to worker's 4 compensation and the same benefits to the extent as though he were functioning within the normal scope of the officer's duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law-enforcement agencies. This the day of , 20 Bernadette Pelissier, Chair Orange County Board of Commissioners ATTEST: Donna Baker, Clerk to the Board Orange County Board of Commissioners /-},�-ej -C). 000'75 MII� aMM CC Ub= BOAM CP OWUSSIC]tIIRS PJIGt I za ME Iw NWE3OM 19, 1985 The Change County Board of Coandmicnners met in regular session on November 19, 1985, 7x30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. CCMIMIGM PRE-K OM Chair Don Willboit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. • Geoffrey Gledhill. rte= County Manager Kenneth Tboopson, Clerk to the Board Beverly A. Blythe, Sheriff Lindy Pendergrass, Major Don Truelove, and Planner Susan Smith. A. SQAi2D CrR= Chair Willboit indicated a joint meeting needs to be initiated between Orange and Chatham County to talk about the agreement on the County line and other items related to Transportation and Highway projects and watershed protection in the Chatham County portion of the watershed. Chair Willhoit referred to a presentation given by Joe Mavretic, a State Representative from Edgecanbe County, on a proposal to eliminate the property tax and replace it with an eight cent sales tax. Significant modifications of the original proposal had been made. Mavretic's request to make, his presentation to the TJC70G was turned down: After further discussion, it was the consensus of the Hoard to request TJ OG to reconsider their decision anti allow Mr. Mavretic to present his plan. If TJC.00, does not give Mavretic an opportunity to do so, the Board of Commissioners will invite him to present his plan to the Hoard. 1. Md4ITERS_ ON THE WMA County Manager Kenneth Thw;�son indicated that item G — Executive Session was placed on the agenda in error and should be deleted. Those citizens in the audience who wish to speak will be recognized at the appropriate time their item is discussed. 2, MATPERS NOT C R 99E EMM AGMDA None. C. MIbTim Motion was nude *by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 3, 1985 as corrected. VM: UQ03y4w. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for August 5, 1985 as corrected. VC ME: ONANIl=9. Motion was mode by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for August 20, 1985 as circulated. Vdl'E: UNANIK=, Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for September 3, 1985 as corrected. VCIM: UNANIMOW. motion was made by Commdssioaner Marshall, seconded by Ca m+mioner Carey +-n am%rmm f-hm mirv+a -= fnr JgRr+..FahPr. 17. 19135 as circulated. 5 00076 Motion was made by Commissioner Carey, seconded by C(ma ssioner Marshall to approve the minutes for September 30, 1985 as circulated. V=: UN1NWDW. Notion was made by Chair Willhoit, seconded by Coauafasioner Moses to approve the Udnutes for October 15, 1985 as corrected. VOTE: UNANIMOUS. D monmm Motion was made by caauissioner Marshall, seconded by commissioner Carey to appoint James M. cryer to the Health and Medical Care Advisory Board. VOTES MQWIMOUS. SOr•ID kvms MUM Motion was made by Caomissioner Marshall, secorried by Comuiasioner Carey to appoint Eve Shy to the Solid Waste Task Force. W=s UNAN240UB. Motion wag made by c mmiasioner Marshall, seconded by camaissioner Lloyd to appoint Dorothy Bane to the Board of Trustees for the Eno Volunteer Fire Department. VOM: UNUUMCUS. OEMN rx o rmTiffit F=jj�DEPAir ' Motion was made by Cmmissioner Marshal].s, seconded by Commissioner Carey to appoint Pricilla Lloyd to the Hoard of Trustees for the orange Grove volunteer Fire Department. VOTE: UNANIM=. E- r= PM The County Manager recomawx d the following action by the Boards 1 MUTUAL AID Ni7h4 Postponed. 2 Am postponed. (This item was presented later in the meeting). 3. EMERGE-= FOM AND Approval for allocating funds under the Emergency Food and Shelter National. Board Program and authorize the Cbair to sign all related documents and submission of sane to the National Board. 4 B[DC,ST Accept the additional. Fr 85-86 State grants for the Board of Health in the amount of $60,703 and amend the budget a000rdingly. 5, MRKjj&MM LAW DSB PLAN Reaffirm January 14, 1986 as the public hearing date for the Joint Planning Area Lad Use Plan. 6. LEASE ),m,,etrer =2 :CM ►, UL WZ HFXM D= FACIIi = Approval of the lease renewal agreanent for the Health Department and Dental clinic facilities at Carr Mill Mall in Chapel Hill with a new indemnity clause approved by the lessor and County Attorney and authorize the chair to sign. 7 10W u rr arx�sFan� sIDS k THE 1 T m[> 1SE Approval of the contract with M and W Roofing and Insulation, Inc. for repair of two sections of roof at the New courthouse on Margaret Lane at a cost of $2,850. 10, 9UimnmTON S7TM LEASE 1.1 00021"77 Approval of the lease agreement with William G. and Annie D. Freeland for the lease of one acre of land at $50.00 per month for the purpose of relocating the dtmpster site near the intersection of Highway 86 and 70 to one mile north on Highway 57. Approval of the following budget amendment to the 1985 -86 Budget Ordinance to allow for the purchase of a metal detector to be used in the courtroom Appropriation: Clerk of Court $ 3,225 Source: Transfer from county Capital Projects $ 3,225 Appropriation: Transfer to General Fund $ 3,225 Sources Fund Balance Appropriated 0 3,225 Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd that the forgoing action be taken by the Board. 2. S- DZEAREMM Vl7J.'E: iA�N1<NOUS. Sheriff Pendergrass presented for consideration a mutual aid agreement regarding law enforcement agencies in the State which would allow for a response to calls which cannot be covered by the local provider; allow provider to respond to calls where questions of geographical and boundary lines are not clear, and allow for assistance during disasters in Which law enforcement may be needed and cannot be provided by local law enforcement. Motion was made by commissioner Carey, seconded by Commissioner Lloyd to approve the mutual aid resolution for the S'heriff's Department as stated below: RESOUTPIGN ADOPTIM A POLICY PCR KnWL ASSISnW= WTPH CTBEit LAW El FORM1ENr ACENCUS WHmEAS, pursuant to Nom Carolina General Statutes 160i--288, 160Ar288.2 and 90.95.2, the governing body of a city or county may adapt appropriate guidelines for the purpose of mutual assistance with other municipal, county, and state law enforcement agencies] and iS, pursuant to said laws, the lair enforcement assistance to be rendered authorize; lending officers to work temporarily with officers of'the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and MURW, it•is deemed to be in the best interests of the citizens of orange county to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and N81wma, such reciprocal assistance is necessary for effective law enforcemnt for the protection of the citizens of orange County; NOG1, MMMM, BE 1T RESOLVED BY THE OMM COfR= BOAM CE' 0224 SSICNEW TsAT: 1. Ube Sheriff is hereby authorized to enter into mutual assistance -arrangements with other municipal, county, or state law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The sheriff is hereby authorized to permit officers of the Orange County Sheriff's Department to work temporarily with officers of the requesting agency, including in an undercover capacity; and, the Sheriff may lend such equipTa'it and supplies to requesting agencies as he deers advisable. t- 000~78 3. All such. requests and authorizations shall be in accordance with North Carolina General Statutes 16OA 288, 160A- 288.2, and 90 -95.2 as applicable. 4. While working with a requesting agency, an officer shall nave the' same jurisdiction, powers, rights, privileges and iMunities (including those relating to the defense -of civil actions and payment of judgments) as the officers of the ruing agcy in addition to those he normally possesses. 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational camnands of his superior officers in the requesting agency, but he shall for personnel aid administrative purposes remain under the control of his own agency, including for purposes of pay. An officer shall furthermore be Entitled to worker's ration and the $ame benefits to the extent as though be were funationing within the normal scope of his duties. 6. . The Sheriff is hereby authorized to enter into mutual assistance agreements with other law e'►forcwent agencies in accordance with such reasonable arrangements, teams and conditions as may be agreed upon between the respective hearts of the law enforcement agencies. Nun: MU44340US. P. TTIIIB —POR DF7CISION CH THE ra>+= STm ;pT Ate US= IN (A ecapl.ete copy of the report is in the permanent agenda file in the Clerk's office.) Kern emVent presented an overview of the report. At the gnvira mmental.Management meeting to be held in December, the level of Instream flow requirement will be dismissed. in' the short term, action needs to - be taken by the Board with regard to issues relating to take orange. Orange - Alamanee corporation needs to address those issues relating to Corporation Lake and the Town of Hillsborough needs to address those issues relating to Lake Ben Johnson. In answer to a concern from Cow' toner Marshall, Thotpeon indicated that raising Lake Orange two feet would not have any Impact on the property in that area. Ccummissioner Marshall stressed the need for a task force with representatives from O ASA, Orange- Alamance, Orange comity and Hillsborough to review the reoamnendations in the report and take into account what DEN may decide at their meeting in December and come up with a abort range proposal. Thongsoo clarified that at the present time 2.2 million gallons is available with 1.9 being used leaving 300,000 as the excess capacity per day. With modifications as outlined in the report, a total capacity of 3.5 or 4 million gallons per day would be available. Chair willhoit noted that policy decisions need to be made in order to implement those provisions which would provide for the maxix mnoutput from the existing reservoirs. Policies need to be worked out whereby Orange Alamance will seek other water supplies and not increase the transfer out of county which is foie at the present time. Also, the Town of Hillsborough needs to consider policies for establishing a rate structure which will provide enough capital to increase the future water supply as needed. It was the consensus of the Board to reactivate the Water Resource committee and to formulate and bring back to the Board the policy issues that need to be addressed immediately. S. err PAX DFX'ISM E 0002079 Motion Has made by Chair Willhoit, seconded by Caamoissioner Carey to approve a one -step (58) merit pay increment inciease, effective on the employment anniversary date, to the County Manager,. Clerk to the Board, Register of Deeds and Sheriff. VOTE: UN[+tMODS. 9._ Motion was made by Chair Willhoit, seconded by Commissioner Marshall to adopt the policy that the Board of Commissioners will conduct a performance appraisal of the Carty Manager annually. van: mega 10015. F. rjEWx. F'C t DP1CiSMi I?- PAUIM W1Drt'fi RIW FM E. Planner Susan Smith presented for Board consideration a request for approval of a partial width right- of-way of 12 feet to serve a minor subdivision on a lot known as Chapel Hill Twnship Tax Map 120, Lot 1B. The Planning Board recatmended approval of the request. Motion was made by Commissioner Lloyd, seconded by Cmmiwimw Walker to approve the ration of the Planning Board. VOTE: UNNMOUS. la- p E UM CDMMn= Planner Susan Smith presented for Board consideration a request for approval of a partial width right- of-way of 30 feet to serve a minor subdivision on a lot known as Cheeks Township Tax Map 1, lot 4. The Planning Board re=mne:ded approval of the request. Motion was made by Commissioner Marshall., seconded by Commissioner Lloyd to approve the reommandation of the Planning Board. VMT: IMNINO08. Planner $man Smith presented for consideration the proposed Subdivision Regulations test amendments as submitted to public hearing on May 28, 1985 and as modified and recommended by the Planning Board. Motion was made by Commissioner (+Marshall, seoonded by Commissioner Carey to approve the text amezdmests to the Subdivision Ordinance as listed on pages a 4A;kOf these minutes. PAMIO-'K) ZC1dIDXs QRDINCP TFP AMffie Planner Susan Smith presented for Board consideration the proposed Zoning Ordinance Tent amendments as submitted to public bearing on May 28, 1985. The Planning Board recommends approval of the proposed amendments to Articles V , VI and VII of the Zoning Ordinance regarding watershed standards and home options and Sectino VI of the subdivision Regulations regarding watershed standards. They further recd aended that the existing definitions of Nfarm• and "farming" be retained in the Zoning Ordinance and that the County Attorney be requested to investigate the possibilities of obtaining express statutory authority to define farming. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board for the proposed amendments to Article V, vi, and vil of the Zoning Ordinance regarding watershed standards and home occupations and Section VI of the Subdivision Regulations regarding watershed standards, as listed on pages a 3- as of these minutes. VOTE: UNhNXVMS. 10 000~00 planner &:san Smith presented for consideration of approval the proposed text amneninents to Articles VI, Viii, and 74( of the Zoning Ordinance submitted to public hearing August 26, 1985. The Planning Board recommended approval of the amendments, including the ammiment to Article 8 as drafted by the County Attorney. Motion was made by Canissioner Marshall, seconded by Commissioner Carey to approve the reom=,-Aation of the Planning Hoard including the amendment of Article Viii as drafted by the County Attorney as listed on pages 2111� , of these minutes. V(7J•E: UMOUNOUS. 17. PLARM planner Susan Smith presented for consideration the extension of time limits on (5) planned development marts whose approvals have expired. The following projects have been issued Special Use Permits, but have not initiated construction activity because of required additional Town of Chapel Hill-and federal approvals and permits necessary: BEOCKSTOW APAimAEN'PS (approved 11/20/84) OPC ALCMMIC REmonATAMM CPNMR (approved 11/5/841 The following project has not been issued a Special Use Permit because of delay in obtainim Town of Chapel gill approvals and permits required for the issuance of the peuait: SWG APA17 M W TS (2/19/85) The following projects have not been issued Special use permits because revised site plans have not been submitted: POW I (approved 11/5/84) ooWlwx= PoII!LP II (approved 2/19/85) The piwmi g Board recommends apProval of an extension of the planned development rezonfngs for the aforementioned projects for six (6) months to allow additional time to attain appropriate permits and approvals and to initiate construction activity. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board. =E, ATM, 4: N=, 1 (Commissioner Marshall). 38, EnAMO —SE M R =AM MUM= The first line under VII C was corrected to read "The County is not tQ be liable for doge of ". Section VI 8 will be modified to include some guidelines for charging the minims monthly charge. one amounts in Section XIV and Attachment A will be submitted to the Board -at a later date for approval.. Motion was made by Commissioner Carey, seconded by Comm1l38ioner Marshall to adopt the Efland sewer Operating Rules and Regulations as corrected. VOTE: UNAITZIOUS. H ADS Chair Don Willhait adjourned the meeting. The next r0gular meeting will be held November 25, 1965, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, gi »trough, North Carolina. Dan Willhoit, Chair Beverly A. Blythe, Clerk 11 0002"81 . Amend Section zV by adding section Iv-$-9 wa *shed Pr ertion Standards In every subdivision, provision shall be made for the protection of water supply watersheds of regional importawe. Lwxb Which are within the boundaries of such watersheds shall be subdivided and developed only after proper provision is made for the preservation ' of vegetative buffers adjacent to streams draining to existing or proposed reservoir sites and the first one-half (1 1/2) inch of .•. stormwater runoff from =pervious surfaces is infiltrated into the soil. 1V- B-9- a.� +��hi7i±v Water supply watersheds requiring special protective measures include all property located within the Neese and cape Fear River basins outside the zoned portions of water supply watersheds r• designated in the in all new subdivision located within a water supply watershed of regional importance, the preliminary and/or final plat of such subdivisions may not be approved unless strum buffers are provided in acoordance with the following standards: 1) Stream buffers shall be provided along all perennial stream within or bordering new subdivisions. Perennial streams are defined as those streams, creeks or other drainagaMs indicated by a solid blue line on U.S. Geodetic Survey quadrangle maps for Orange County. 2) The stream buffer shall be measured from the edge of stream banks for a distance of fifty (SO) feet therefrom and shall be provided along both sides of all perennial streams. 3) Within the stream: buffer, land shall be retained in its natural state. However, disturbance to existing forested /vegetated areas may be allowed when replaced with vegetation resulting in oarparable stormwater runoff velocity and quantity within one (1) year from the date of installation. Where a buffer area is subject to serious erosion, an erasion resistant vegetative cover shall be established and maintained. 4) public wd private streets, bridges and railroad rights- of-way shall be penaitted to cross buffer areas, but they shall enter and exit such areas as nearly perpen3icular to them as possible. The direct discharge of runoff through ditches, 000~82 shall be, controlled through infiltrations, retention or detention structures, and diversion devices. ly_gry.C. infiltratiW M=Aards For all new subdivisions, the preliminary and/or final plat may not be approved unless provision has been made for controlling the first one -half (312) inch of stormwater runoff from impervious surfaces. bperviaus surfaces are those areas which prevent infiltration of water into the soil and include parking areas, roads, sidewalks, and other similar facilities constructed of aspbalt and/or concrete. Control of stormwater runoff shall be accceplisbed insofar as possible through on -site infiltration of the first ane-half (1/2) inch of runoff and through the use of methods which rely on natural soil properties for absorption and treatment-. Infiltration teCbn=p" not only remove both suspended and dissolved pollutants, but they require less maintenance, reduce flooding' prcmate grcundwater recharge and help maintain stream flow during dry periods. Where, due to soil type, steep slopes, presence of flood plains, highly erodible soils, vegetative cover and/or previous land disturbances, infiltration is impractical, the following alternative measures may be permitted: 1) Flow attenuation methods, such as grass swales, to reduce runoff velocity and filter out pollutants. 2) Retention ponds which capture stoL7lwater runoff allow suspended pollutants to settle out and release the runoff at reduced -rates. 3) Retention ponds with no outlet structures which retain all runoff until it infiltrates or evaporates. Where or -site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. Undisturbed areas for infiltration of runoff shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed areas. Areas designated as suitable for septic tank nitrification fields may not be used for storttaater infiltration purposes. Runoff from roads, parking lots arrVor sidewalks shall be directed to undisturbed areas through the use of beams, grassed diversion ditches or swales, or other acceptable MUM. 12 M=IMs,s, d ++ erg6.26.2_c Revise to read: The on- premise, sale Ard delive_nr tjjg_nrm�is� is prohibited, exeot gale of goods_ incidental to the =ovision of a service- Add to Article XXII DEFIAITXW: gods, L*+raAi . Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. beautician selling hair products. ARTICLE V AMID, VI aL r rram= OF DMM Rffi4 ART =z VII ALA M TLrt7Rf15PMENP DTAII27 _ Revise section 6.23.5 Minimm LOt 6iZe RM lAted to reads "The minimum lot size for a commercial use in the protected %tersbed District shall be 80.0 osevere feat�. The minimum lot size for an industrial use shall be 2Q0,000 RQ= eet ...............•.." Revise Section 6.24.1 to read: "The minUM residential lot size in Water Quality Critical Areas shall be 09-000- AQf�• Revise Section 7.19.1 HIUUM A= BOMPLed 1= Mkabiisl'nt 21 PJAtridt to read: "No such district shall be established with a wt land area of less than 200 009 Mare feet. Revise Section 5.1.2 to provide for a mininm lot area of 200,000 Hz=Q feek for the NI district. 14 0002184 ARTICLE 20: AMENMEM ...written notice shall be sent by certified mail to affected. =V= = a ar arLAIl adjacent property awnsrs..... •.JIB- � - /• ..y =1i � _ r .i1' =. T= - F7 1 -q M • _ 8.2.1.Before any application for a Special Use shall be approved: .a) .The applicant shall have the burden of establishing, by coupetent material and substantial evidence, the existence of the facts and conditions which this ordkwice requires for approval; and .b) The Board shall make written findings .cortifyiM caupliance with the specific rules governing such individual Special Use and that the use, which is listed as a special Use in the district in which it is proposed to be located, oomplies with all required regulations and standards including the follgwIDg gfel ggWitionst - +_ .b) Mr Use will ainta;n 9l oubmgfi value of contiguous property (unless the use is a Ugbt;c necessity, in which_ MS U2 We need nod ma; 'in or Mb =e the value of contig=2 n mertV)L 15 Ari i r1 p 4 5► 7 9 D a*+a 12 o£ this munawa, unless greater or different regulations are contained in the individual standards for the specific Spacial Use. It shall be the responsibility of the applicant to present evidence in the form of testimony#, exhibits, documents, models► plans and the like to support the application for approval of a Special Use. 8.2.2 Where the Board finds a preponderance of evidence to indicate c�mipllame with the general standards, specific rules governing the specific use and that the use complies with all repaired regulations and standards the application must be approved unless the Board shall also find, in some specific manner that: The use will not promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as Submitted; b) The use will not MW*Ain or enhance the value .contiguous property (unless the use is a public necessity, in which ewe the use need not maintain or enhance the value of contiguous property)► The use is not in compliance with the general plans for the• physical development • of the County as eabodied in these regulations or in the Catprehensive Plan, or portion thereof, adopted by the Board of County COMM SSioners. Those opposing approval of the application on the grounds that the use will not prorate the public health, safety and general welfare, will not maintain or onhance the value of contiguous property or is not in coupliance with the general plans for the physical development of the County shall have the burden of establishing, by competent material and substantial evidence the specific manner IV 0002`86 in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. own*NCB nanwII'T m : An impervious surface is a surface composed of any material which inpedes or prevents the natural infiltration of•water into the soil. Such surfaces shall include any concrete or asphalt surface. These would include, but not be limited to, streets and parking areas, sidewalks, patios " structures which cover the land. As a watershed bey developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streme and other water bodies resulting in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoun Nx*s, impervious surface ratios shall be required as provided in the Table of Impervi our Surface mti.os Section 6.23.4. mpervious surface calculations for an individual development aball be cumulative for original construction and. any subsequent additions and calculations of impervious surface coverage for individual lots small include that portion of a right of-VRY between the center line of the street and the abutting property line of the lot. CODlIUM AHRNMMTP(S) 6.23.4 Maximum Impervious Surface Ratios (SEE ATnm= TAEiIrE S) CIRDD = A (S) : 6.23.7 Contrnl of the first • 2f R Off_froae v;tv,a SL+rfeces Stormwater runoff from iffpervieus surfaces generally carry large amounts of oil, nutrients, metals, bacteria and other pollutants. The amount of such pollutants in storomter runoff is closely associated with the lard use from which it originates. An important determinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Mos t of the pollutant concentration is carried in the "first. flush" of runoff. To control this pollutant load within the Protected Watershed -II district the first one half -inch (1/2") of runoff from all Impervious surfaces in new developments shall be controlled. reduce The purpose of the storrmater control measure is to 000.81 off site effects by minimizing clearing, compaction and overall site disturbance, while maximizing vegetated areas for stormwater infiltration. Methods to accomplish this standard shall include, in order of preference: a. on -site infiltration through the retention of undisturbed, vegetated areas b. structural or engineered infiltration measures, such as trenches or retention poems, which reduce the aacunt of runoff C. detention structures that reduce the rate of runoff. Areas to wbich the standard applies shall include individual lots or a new development as a,wbole. if applied to a development as a wbole, the applicant mast provides for installation and maintenance of proposed stormwater menagaimt facilities. Applicants shall be required to sukmit docmmsentation which indicates compliance with the specified standard. An individual lot of 80,000 square feet or more in size Created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirm -1 upon submittal of a site plan which demonstrates that the develop meat of the property is in accordance with the intent of this provision to minimize overall site dfsturbancet maximize maintenance of vegetated areas for stormwater infiltrations and protect critical drainagemgs and waterways from direct runoff impacts. An impervious surface is a surface composed of any material which impedes or prevents• the natural infiltration of water into the soil. Such surfaces shall include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormrater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. Tn order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply inpourdments, a? ' 17 18 000188 impervious surface ratios shall be required as provided in the Table of Tmpervicus Surface Ratios Section 6.23.4. D pervious surface calculations for an individual development shall be cumulative for original ccnstruction and any subsequent additions and calculations of bVexvicus surface coverage for individual lots shall include that portion of a right - of -sway between the centerline of the street and the edge the abutting property line of the lot. CFd)nZ = XGNMT(S) : 6.24.8 C ol,_off ter -{fit s /2" of Runoff frM =9rVio� bLitfacpB Stoxmwater runoff from ig3arvious surfaces generally carry large amamts of oil, nntrients, metals, bacteria and other pollutants. The Mount of such pollutants in stormwater runoff is closely associated with the lard use from which it originates. An important detenoinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To control this pollutant load within the Water Quality Critical Area the first one half -incb (1/2 ") of runoff from all impervious surfaces in new developments shall be controlled. The purpose of the stoamwater control measure is to reduce off site effects by minimizing clearing, compaction and overall site disturbance, while mmdxdz!M vegetated areas for stormwater infiltration. Methods to accomplish this standards shall include, In order of preference: a. on -site infiltration through the retention of undisturbed, vegetated areas b. structural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff c. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new. development as a whole. If applied to a developmmit as a whole, the applicant mist provide for ma installation and iritecance Of proposed stormvmter management facilities. Applicants shall be required to submit documentation which indicates compliance with the specified standard. An individual let of BO,OOb square feet or more in size created by deed or plat in accordance with orange County S"ivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a 19 000.89 demonstrates that the development of the property is in accordance with the intent of this provision to minimize overall site disturbamet maximize maintenance of vegetated areas for stommter ^ infiltration: and protect critical drainageways and waterways from direct runoff impacts. 41 AL,ed-.3 20 RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statutes § 160A -288, the governing body of a county may adopt appropriate guidelines for the purpose of mutual assistance with other municipal and county law enforcement agencies; and WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes Iending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and WHEREAS, it is deemed to be in the best interests of the citizens of Chatham County to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of Chatham County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT: 1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal and county law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The Sheriff is hereby authorized to permit officers of the Chatham County - Sheriffs Office to work temporarily with officers of the requesting agency, including in an undercover capacity, and the Sheriff may lend such equipment and supplies to requesting agencies as he deems advisable. 3. All such request and authorizations shall be in accordance with North Carolina General Statutes § 160A -288, as applicable. 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those the officer normally possesses. 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of the officer's superior officers in the requesting agency, but the officer shall for personnel and administrative purposes, remain under the control of the officer's own agency, including for purposes of pay. An officer shall furthermore be entitled to worker's compensation and the same benefits to the extent as though he were functioning within the normal scope of the officer's duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies. Adopted this, the 2nd day of June, 2008. A T: Gr1tG Sandy R. Snblett, CMC, lerlc to t e Board Chatham County Board of Commissioners George Lucier, Chairman 21