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HomeMy WebLinkAboutAgenda - 03-21-1978 r ' AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS COMMISSIONERS ROOM, COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA TUESDAY, MARCH 21 , 1978 7:30 P. M. 1. Does a:by Member of the Board desire to add additional items to this age da? Minutes f the March 6, 1978 Board meeting are submitted for consideration. A. The Boar will consider the secondary roads plan for the 1978-1979 fiscal y ar submitted by the Department of Transportation on March 6th, A. Rep sentatives of the department of 'transportation will be pres nt. B. Mr. tewart Barbour desires to speak concerning certain improvements proposed for Lawrence Road. Wes. A Resolu ion of Appreciation for the Service of Cashe S. Boggs. Mr. Louis Freeland, Jr. , President of the Orange County Firemen's Association, will present a proposal for county financing of three fire hyd ants. (Agenda Attachment I) 6. The Sediment Control Officer will review two violations of the Erosion Control Ordinance. As this discussion is basis for possible civil litigati n the County Attorney recommends this be held in executive session. 7. Appoint nts: (Agenda Attachment 11) A. Two acancies exist on the Commission for Women as Ms. Helen Urgu and and Ms. Julie Knight have resigned. (Information Only) B. One vancy exists on the Chapel Hill Board of Adjustments. C. Commissioner Gustaveson recommends Mr. Bill Lessig be named as an at large appointee to the Orange County EMS Council . D. The Council for Women recommends two inactive members, Ms. pat Younc and Ms. Jackie Pulley, be replaced. (Information Only) 8. The Nana er submits a report of bids received for small trucks. (Agenda Atachment 111) Page 2 J Commissioners Agenda March 21 , 1978 f 9. The Manager recommends the Board accept the low bid as shown in item 48 for two small trucks. 10. The Manager recommends the Board approve four budget amendments. (Agenda Attachment IV) 11 . Commissioner Willhoit would like for the Board of Commissioners to name ex officio members, representing the Towns in Orange County, to the County Planning Board. Mr. Willhoit will review his proposal with the Board. 12. The Manager recommends the Board of Commissioners execute an agreement with the Retirement System (and offer to members of the Law Enforcement Officers Benefit and Retirement System) allowing: A. Credit for military service B. Repayment of withdrawn accounts C. Credit for out of state service 13. A review of the informational brochure prepared by the Clerk. - EXECUTIVE SESSION 2. 3. The chair an recognized Ray Freeman, Sediment Control. Officer and H 4 . Minis, Acting Planning Director. 5 . Mr. Freeman brought to the Board' s attention violations by the Easb 6. Office Park of the County' s Ordinance to Provide for the Control of Soil. 7. Erosion and Se imentation. Areas of the Ordinance violated are Section ; 8 - Subsection a) : Buffer Zone Requirements, Subsection c) : Ground Cover Re( 9. meats, and Sub ection d) : Design and Performance of Control, Measure . M) 10. Freeman stated Eastowne Office Park had failed to implement an approved 11 . erosion and se imentation plan, had failed to maintain temporary sedimen# 12• controls, fail d to control erosion from disturbed areas within a reasone 13. length of time failed to take effective corrective actions by given dead 14 . lines, and failed to submit requested status reports on project by deadli 15. Neither the construction supervisorm the architect, nor the owner of the 16. project had re ponded to numerous warning letters which have been sent. 17. The Count Attorney informed the Board that according to Section 22 18 . Penalties of ti Ordinance, the County Commissioner must determine an amo 19 - of the civil penalty and make a demand for payment. If payment is not ma 20 • within sixty days, then the County would go to Court. Section 23 of the 21- Ordinance speak of .Injunctive Relief. As the Governing Body, the County 22 . Commissioners m st make a determination as to whether there is reasonable 23. cause to believa the Ordinance has been violated. 24 • Mr. Gledhill stated if the Board so desired, immediate action in the 25 . form of Injunct ve Relief can be initiated. While this action is pending for civil penalty 26 - wait out the si ty days, and if payment'&is not received, the County Attorr 27. will continue with going to Court. 28 . Discussion ensued. Commissioner Gustaveson stated he felt the County 29. should show signs that they intend to enforce the Ordinance and should the 30. fore seek civil penalties as well as injuctive relief. Commissioner Pinnev R-FAi-c A iii, ti.,=�- 1. _2- 2 - ordinance is e forced. 3 . The Count Attorney suggested that the Board authorize an injunc-Eivt 4 - relief, however, wait a day or two to see how the civil penalties go. Ii 5 . payment is not made, the County Attorney will press charges. 6 . The Board agreed to authorize the County Attorney to file for injunt 7 . relief and to evy civil penalities of $100 per day beginning March 15th. 8 . Mr. Freein n presented to the Board a similar violation for Brendle's 9 . Inc. The natu i) :e of this violation of the ordinance is contained in Secti 10 . 8 , Subsection Design and Performance of Control Measures , and Sectic 11• Compliance witl Plan Requirements . Specific violations are: 1. Failure t 12 . implement plan as approved by varying from construction sequence , 2) Fail 13. to provide eff -tive sediment control, and 3) Failure to take corrective 14 . action by give deadline, or a reasonable length of time thereafter. 15 . This is an 8 .2 acre tract of land which was approved September 26, 1977 . 16 . Mr. Freeman stated that as in the Eastowne Project, engineers , and other 17 . officials have failed to respond to letters which have been forwarded re- 18 . garding the via ations . 19• The Board greed to take the identical action with Brendle ' s Inc, 20 • as with Eastowna Associates . 21. 22 . 23. 24 . 25 . 26. 27 . 28. 29 . 3o . 'Z 1r Rt 4 , Bx 516 nillsborowah., NO 27278 GIs rc b 12, 1978 Chairman R. Be rihitted & Board of 00amissioners orange County C mutissioners H it iaborough 3' x C 27278 Dear Chair ; hittad an ror-missioneers : I tam not too pleased with the recent turn of events reivarding the as you know, paving of the short unpaved section to the Coon# has been kicks aroend for Many y , I am therefore writing to request your essietgnce in getting this job dol on Frlday Marcia 14th, a Mr. Mack De Laney , of Higtaway Right of Way Department , DOT, Camel to my home by appointment Made Mprch 8th , bringing with him a Mr.. irm D. E. Fornes, their Surveyor. The visit was bri4f. Mr. DeLpnoy imod me an ultimatum to sign the Right of Way for :,awrcnec Road . {by his f ` and aut horit pt iv a tons in asking rye t hr*4 or four time;would if I would sign, and InformInE we that if I did not sign Lancy bynrepeat in be t rensferred to another road ). T raespondsd to I�lr. my earlier r�et , ast for my copy of their Survey Drawing (wilich�I he�'athe�e for sevaeral ti as without re3ceiving } with the viroffwre+dtto&drive to Document I hzav seven. pertaining to they error. prowl �7a.C,ancy p Greensboro and gent theee trio docuarents right theno but Mr. Ded me aprow to mail, them b th to ate Monday from Greensboro, I would give t e an Right of when I two an Old taa;ihi.r� T would s�i.ve h m _n consulted my a tornsy on t kle+ seattar. As the Co missloners may recall, the Division Engineer cut off publ diseusgion of tai$ public esatter at the Publ�.e Hearing you b.eel� did not Indicating the he would pursue the matter with ae privately. di epu't a this a ttae t ima , not wIBhi.eg to be unduly rude to a st ra tge►r, especially one br#.na ing a bushel basket full of money to give us and looking for soft speech and t#aanks;nfrom us and not rudeness. But Tad it to being dumfounded at this Public Hearing to hear tho j)jstrict sod, eer say Lawrence Road was doubtful and that I was one who was delaying, t. The last I hart heard from them was in February when Mr Fornest trio S rveyor, came by , had a cup of coffee with we and left to find Mr. 'Robe t Jones, local surveyor iiho last surveeyed my land , and gt the matt*r st ai,ghtoneed out . Indicated they would be In touch With me• I had receive no indication of further difficulty prior the Public FOR 5o it dic not sit too well on my st cna.ah Wjae"n the highway man coot so it di� U in front of the Commissioners and a big audience , and then cu d�ctery dic public di E eussyon, after I have told them I ace willing to give t49 off some of my laid to widen their road ,, but that I do ask that they give m s win how the road ie t o be in relation to my land,sand a document h g precisely how much of my land they need. First they said their �urveeyo was not a Rog atered Surveyor, but later agreed to as k Mr. Robt . Jones to taelp them. T fool that I have made a very simple request to the highway' •tact It Sevres to ctt that a citizon is entitled to be told, in writing,, what he is be ng asked to givee t'o 't'lae State . (This is not a Salve; it Is a Loan. It is a Gift and it is forever. ) I want to know what 1 cue giv i AGENDA ATTACHMENT I ORANGE COUNTY FIREMEN'S ASSOCIATION ROUTE 2, BOX 257 CHAPEL HILL, NORTH CAROLINA 27514 March 7, 1978 County Commas ioners, Orange County Orange County Courthouse East Margaret bane Hillsborough, N.C. 27278 Gentlemen: As President of the Orange County Firemen's Association I request that I be placed on the Commissioners meeting agenda for Tuesday night, March 21, 1.978 to present a proposal concerning fare hydrants. A brief of the proposal that will be _ resented is attached for your advance consideration and for staff plannin . The Orange County Firemen's Association requests County Financial support of approximately $4,650.00 to defray the cost of installing three fire hy- drants along 1he Hillsborough-Chapel Hill emergency water-line on Old Highway 86. The attached letter from the Executive Director of OWASA details the locations of the hydrants and the estimated installation cost_ However the Association suggests that these estimates can be reduced by $750.00 per hydrant for a total reductio of $2,250 by installing the hydrants 25 feet from the main line in lieu of the suggested 100 feet. Also the Association -further recommends that bids be issued to satisfy the governmental process and also to conserve funds. Installation of the proposed hydrants will certain enhance the fare fighting capabilities of the Hillsborough, Orange Groveland New Hope Fire departments and they can also serve when needed to other departments such as the Eno Fire Department. Clean, uncontaminated water is limited for most of the mentioned departments ani without it we can jeopardize most of the expensive pumping systems instal ed in our fire fighting apparatus. Therefore, by nanimous approval of the Orange County Fireman's Association and as the Pre ident of the Association I request that the Board of County Commissioners pprove the installation of the requested hydrants and appro- priate the nec ssary funds for this most important addition to the fire pro- tection system Sincerely, Louis- Freelan Jr. RESOLUTION OF APPR.6CIATION FOR ME SERVICE OF CASHE S. BOGGS WHEREAS, On tAch 19, 1956, Ca.ahe S. Bogg6 became Animat ConthoZ 04 jicetr. ton �cange County; and WHEREAS, S.inc XkAch, 1956, Ca6he Boggs ha.s demons.ttated h.i.a un4e-igned a$4e ' n 4on an.imaz by W genuine conceAn sfon theiA wet6me; and WHEREAS, Ca3h Bogga ' invo.tvement in Zpec i.at ct.i ica hUd thttoughout Orange Cou y, has helped prevent anima.. d id ead es and has e.ncouAaged res- pond bte an.imat cake; and WHEREAS, Caah S. Boggs, w.i,thout negakd y;o& h.ia pvcaonat za{jety, had con-- sci.e 'ousty caused out his dudes as Animat ContkoZ 064iceh in an 'able manneA; and WHEREAS, On N vemben 1, 1977, Cashe S. Bogg3 tetiAed 6 from the position a6 Ani.m Contirot Ojbicen 6ox Ok nge County. NOW, THEREFORE, BE IT RESOLVEV that the Oxange County Boated o{j CommiuioneAz take action thtcough it6 membeu on behatj os the citi.zem o{j Onang County to expkeu to Cache S. Boggs .cis Aincehe appnecia- ti..on nd g&aditude {yon h,ia twenty-one yeau ojj senv.ice and h,is co 'bu.ti.ona to OAange County as An.imat ConthoZ 046.ice., and 6uA h wish .;to him and hils w-ije, Mabte, happinus in the yecvus to come. BE IT FURTHER R OLVEV that th is Reaotut:i.on be pn.eaented to Cache S. Boggs and a copy o6 said aebotution be .included in the m.inuta o6 .Vs A meetti g o6 the Otcange County Board o6 Comm.i,u.ioneu, thiz the 21at day c March, 1978. RICHARD E. WH ,r V, Cha iAman NORMAN GUSTAVESO � AN PINNEY NORMAN WALKER DONALD WILLHOIT OWASA ORANGE WATER and SEWER AUTHORITY P.O.Box 366 I Cwboro,North CmWWx 27510 919-9684421 February 3 , 1978 Mr. Louis Freeland, Jr. President, Orange County Firemrzds Association Route 3 Box 257 Chapel Hill, NC 27514 Dear Mr. Freeland: At our meeting on January 5, 1978 , it was deter- mined that it would be beneficial to have three fire hyd- rants located on the emergency water line to Hillsborough along old Highway 86 for use by the rural fire departments . The thr e locations specified were : 1. Near the power line crossing on the north side of the divide; 2 . New Hope Road intersection; and, 3 . Eubanks Road intersection. Rose, Pridgen & Freemon, Inc. , design engineers for this project, have investigated the feasibility of fire by rants at these. locations. It has been determined that th elevation at the first location near the power line will not provide an adequate flora of water for the hydrant The only possibility would be to locate the hyd- rant at a lower elevation toward Hillsborough and have an arrange ent whereby water pressure was maintained on this northern-most section of line year round from the elevated storage tanks of the Town of Hillsborough. The installa- tion of a booster station only to serve a single vise hyd- rant would not be justified. To Make a conclusive deci- sion on this particular hydrant, additional investigation will be necessary. It has been determined that it is feasible to lo- cate by rants at the other two locations, New Hope Road and Eub nks Road, and serve these hydrants on a year-round basis. During periods when this water line is not in opera- tion to receive water from the Town of Hillsborough, r .c Mr. Louig Freeland, Jr. February 3, 1978 Page Two it would be necessary to close a valve in the line north of New H pe Road and feed these hydrants from the Authority system This would entail an additional opening and clos- ing vaiv operation each time the booster pump was operated to pump ester from Hillsborough to the Authority's system and wool result in some inconvenience and expense. But, the Auth rity would be agreeable to such a situation. he rough estimate provided by the contractor for the inst Il.ation of each hydrant is as follows : 1. 16" x 6" tapping sleeve and valve $ 750 2 . Fire hydrant and blocking 550 3 . 6" DIP at $10 per foot (about 100 feet each) 1,000 Total $2 ,300 shall appreciate hearing from you and having the opportunity to discuss this matter, with you Further. Very truly yours, Everett Billingsley Executive Director kw cc. Mr. Lindsay Efland Mrs. Flora Garrett. Mr. Jonathan Howes Mr. gayn a Munden AGENDA ATTACHMENT II � '� APPOINTMENTS B. Chapel Hill Board of Adjustments: At a meeting sometime ago the question of appropriateness of receiving recommendations for replacement on the Chapel Hill Board of Adjustments from the itself withthelTowns raised. The Manager was requested Hill . q The Town Manager advised us routine procedure of the Town is to refer replacement requests to the board directly involved for their recommendation. Recommendations received go directly to the appointing authority. This procedure has the approval of the Mayor's Office. C. EMS Council : Mr. Lacy Tinnen a County apoointee to the CMS Council does not attend Council meetings. Commissioner Gustaveson suggests Mr. Sill Lessig be named to replace Mr. Tinnen. COMPACT TRUCK BIDS 10 AM 3/7]78 Summary and Recommendation At 10.00 A.M. on March 7, 1978, bids were opened for 2 Compact Pickup Trucks. The bids were as follows: EPA Mileage Bidder Each Total Combined C Hw Alexander Ford (Courier) 4,356.47 *8,712.94 33 29 38 Coggin Pontiac (Mazda) 4,409.81 8,819.62 33 29 3E Cox Toyota (Toyota) 4,500.00 9,000.00 26 23 31 Harris Conners (Luv) 4,780.00 9,560.00 27 24 34 *It is recommended that the low bid of $8,712.94 b ytAlexander Ford be accepted. $5,000. each is available in the budget for these r l AGENDA ATTACHMENT IV CONTINUED March 17, 1978 14emo To: Orange County Board of Commissioners From: Neal Evans, Finance Director Subject: Proposed Budget Amendment The attached proposed budget amendment is to cover four items: 1) The State Agricultural Extension Service has granted $2,500 to the County Department for office equipment. This will. be used to replace duplicating and paper handling equipment at no County cost. R 2) The Department of Social Services is requesting an additional $2,500 for. postage to 1) meet additional and purchasing inoadvance that will not be require is to take full advantage of 77-78 Title XX allocation. For balancing purposes, Title XX Transportation an unitnplemented program is reduced by the sane amount, $2,500. No new County funds are required. 3) Rents in departmental budgets are transferred to the Central account since they do not relate directly to the space these departments are using. A previously approved item, the industry related sewer project has been let by the Town of Hillsborough for a total of $7,581 . This amendment transfers the amount from Contingency. AGENDATTACHMENT IV :3 ORANGE COUNTY �i�r— �-t-��'ei6, � PROPOSED 1977-78 BUDGET ORDINANCE AMENDMENT The 197778 Bud et Ordinance of Orange County as adopted on June 22, 1977, and subsequently amended is hereby amended as follows: Charge the appropriation for the following line items in the Funds indicated: INCREASE FUND - ITEM (DECREASE) TO TOTAL. General Fund: Community Maintenance Council or Women--Rents (11500) 0 Administrate n Data Proc sling-Rents (2,400) 0 Human Services Agricultural Ext-Equipment 2,500 4,000 Social Se vices-Admn--Postage 2,500 7,000 Social Services-Title XX Vans. (2,500) 3,500 Public Works Buildings & Rents -Rents 3,900 21 ,700 Miscellaneous - Project 7,531 7,581 Contingency (7,581) 63,637 Change the revenues and fund balances estimated to be available to meet the foregoing appropriations -in the funds indicated: INCREASE FUND - RESOURCE (DECREASE) TO TOTAL State Grants-Agriculture Extension 2,500 2,500 Adopted this the day of 0 ORANGE iCOUNTY 1-11Ly-.s130 R 0UG1-1 INOaT11 CABOTIANZA ���nCLts`crl ry�z February 3, 1978 Mt. David Rob ns on J7.C. Depa.rtme t of Transportation Public Traasp rtation Division P.O. Box 2520 Raleigh, N.C. -_27611. Dear Mr. Robi son: As a result Of the Orange County Human Services Planning Conference held in October, Z 77, the Orange County Commissioners appointed a "Transporation" in October,, composed Or representatives from each local jurisdiction and from directors of ost, if not all, the human service agencies canductizzP transpor- tation services in Orange County. Its purpose is to study the feasibility" of Coordinating various transportation services now operating within the human service deli ery system of Orange County and to report the results of this to the Human Services Planning Committee. The committee's goal_ is that of improved transportation service for clients through better coordination and utilization of available resources. This su committee has conducted two surveys la an attempt to compile the necessary in ormation to formulate preliminary conclusions about coordinated transportation efforts. The first survey was conducted to develop a complete inventory of transportation, vehicles involved in human service activities in Orange Court . The second -survey attempted to gather inform ation more directly related to client needs and program demands. After discussing various types of coordinated liumazl service transportation systems pres ntly operating in North Carolina, the committee reached two conclu- sions. 1. here is a need for a full-time staff person to provide technical Issistance to this planning body and to monitor the progress of Ceps takea toward a coordinated system. _ - - .. � . then_ ha ;seleetin a,.s_peci ie=h:a�ap.roach;y(a_�::T:s�xi��zocx�M.:, - �_ � rs=ware a., o� - --_-- - -- - _- -_- _ - - - - - � alt2.ria. tii*e.:.st�a�e� —-- _- — 'oeraXw data .siid to_�d8've10eY - ~ cj tate�better 'tr�risporfa ion 'G0C�rdina ion. The final'selec=T ion process should at Least involve a choice between two alter- ative approaches. Therefo e, Orange County`s suggestions for local. demonstration projects in the Service mprovements category will be general in scope, but a plan could be implemented 'n a short period of tune since the commitment to coordinated transi by the Gran e County Commissioners and the preliminary work towards such a resul has already been accomplished. Only the exact course of action remains to be -2_ deteradned; aid, it is for that purpose that we need a trained, professional planner. In line with the aforementionned discussion., Orange County would suggest a demonstrati n project requiring funding of one full- i' bfessional planner position to a gist the Orange County Conmi.ssioners and the Orange County Human Services Plan ing Committee in the endeavor to bring about coordinated transit services among all, human service delivery agencies operating in Orange County. Efforts are is ing made to inform surrounding counties of our activities in order to take into zonsideration. agencies operating in more than one county (i.e. Joint Orange-Chathan Community Action, Orange--Person--Chatham riental Health, etc.) , Since tha County staff envisions the process toward a coordinated transpor- tation system as a "phased-in coordi nation" process, many of the initial steps toward coordination could begin immediately, The Planning Committee has already be4un discussion concerning bulk purchasing of vehicle supplies , cooperative maintenance a reem.ents anal/or contracts, county in kind contribution of garage services, and -other measures designed to reduce costs through centralization of services. Ye , before any of these measures could be brought before agencies' boards and ul im,ately the County Commissioners, the Orange County staff feels that we need careful.. study of the alternatives. It is estimated that from $13,004 to $15,000 would be required in order to secure the services of a qualified transportation planner. In addition to the duties previously Mention*ed, the planner would perform inter-agency referral services in r lation to client transportation, a function which is felt to be a prerequisite to the implementation of a coordinated transportation. service. He, or she, w uld also provide the staffing necessary to explore various paratran alternatives. Finally, `'fie would' Uork with the Human Sexvaces Planning Committee- which will: ) continue to serve as a clearing'-rhouse for future allocation of transit funds; 2) function with the budget subcommittee to improve, or rationaliz cEbudget alloca ion✓ for transit �' In summary, we presently have all non-profit social service agencies in Orange County involved in the development of a coordinated transportation system. In addition to these agencies, various resource persons have indicated their wil.-- liugness to h 1p us in our endeavor. They include the Transportation Planner of the Town. of Chapel Hill; the director of the Chapel. Hill Mass Transit System; the Department of City, and Regional, Planning at iNC-•-CH; and, Integrated Energy Systems, Tnc. , an energy conservation, consulting firm now under contract to the County. Init'al efforts to coordinate the future system with Chatham County have already_been_made.- . All wore s;presently,,.beingdone.on ,a. volun.teer...b.asia: Such zr=ITQ �-TT ."oS :C' i2iu' v�'G') � ::yr ., i10?v? 2_ tea=�ba�f�eiard�zare3'�tniansna�af�.cri�::s�:�.v.�ce�- _ 'fi lm ._"traFisprif ati ob=: arii3 er �-re asseatia.Z ... — ,. further pro . .._ r-Levelopmen `an�..pxogra s 'imp en `aCia�i:... - Yours truly, Joe Bradshaw Administrative Assistant to the County Manager n . STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RALEIGH 27611 JAMES B.,HUNT.JR March 17 , 1978 GOVERNOR PUBLIC TRANSPORTATION DIVISION THOMAS W.BRADSHAW,JR.. SECRETARY Mr. Joe Bradshaw Administrative Assistant to County Manager Orange County Hillsborough, NC 27287 Re : Transit Development Grants Dear Mr. Brad haw: Thank you for your letter dated February 3 , 1978, in which you responded to uy January 127 1978, announcement regarding the avail- ability of fu ds for state-Local transit development grants . My staff and have reviewed your suggestion that a County Trans- portation Coordinator be hired, and think that this idea is an excellent one and would be able to significantly help coordination efforts in Orange County. Accordingly, have enclosed two forms--PTDW01 and PTD-02--which you should co' plete and return to me in order to apply for funds to support a Coll ty Transportation Coordinator for twelve months . We are requesting a 10 percent .local contribution towards the total costs , so this $1,500 should be reflected on the forms . Since this would be a nejT position, the contribution would have to be in the form of cash. In order for me to bring your application before the Board of Trans- portation at is April 147 1.978, meeting, I will need to have the completed for s no later than Monday, April 31 1978. Otherwise , the application w 11 have to wait until. the Board meets again on May 19 , 1978. Please be adv sed that we also are considering funding County Trans- portation Coordinators in Chatham and Lee Counties and a part-tune Regional Trap portation Coordinator with the Triangle J Council of Governments. We will expect the Orange County Transportation Coordinat to work very losel.y with all three persons . Hr. Joe Brads aw Page 2 March 17 , 197 If you have at y questions , please call me at 733 -4713 Sincerely , David C. Robinson Director DCR:aw Enclosures ..t Ma'Wo/ �c r°goad 200 CAST KING SyREwZT ��11 Fil"SfrigEgC]E.GHI NCIRTM CAROLINA 272 C)F"FICE OF TWE SUPERINTE Np NT (915) 732.81ZG March 1.51 1.978 Orange County Board of Commissioners Hil sborough, NC 27278 Gentlemen: Att ched please find the priority roads as you requested. listing of secondary brie amount of informatiolx.repardir►as also provided a road condition. regarding the nature of the it il, ray understanding that the highway division has acre dy started repair in some of these locations based on information we provided them at their request. If You need any additional information or if you have any uestions, please do not hesitate to contact me. Sincerely R. Mike Simmons Superintendent RMS Encs. IT ell 114 1978 13300- 32idge guard rails 102-- EI trenel-r rouSh at T506 with holes rutted out in ro--& T539-- Wromely Warr9w and roQ21 1515— wIth holes from 157 to Q6 1548-- ? d cure as and cutting into road around car"ns 15267- Rad holes and ruts in road. 154!-- Bad Holes bad qvi7es and rpts in road 1137..- Rubs and holes in road and also yes wader water at or anisly 1960-- 3al curv2s and road bed cuttin!_.- -L3-,) badl-r 1340--- Xb)ut half wa,,.- through between 1343 and 1341 road bed sitting v? badly b 1340— Ro T d 1,7ets ?elder water at ti mns betneen 1306 and T341 1368-- Around the loop road bpi cutting U? badl-T 1363-- 1---udd-,r searis drafn;gs not to good 1520-- lust across creek bridge 90" ,c; from 1543 bad cLrve ana road c-..Ittfn,,r, 11p also na�oi-r 1520-- Be qen 1521 and 150 goes Kder vatur seams drdinagg-, not to wood road has also vashed 1574-- On 01.1 just off. 1548 road muddy and ruts 1538-- Di c part narrow and road oed cutting uy) ri• li• 1 �117 •�, �♦ �,rro ,17, `A�.ISI ,fl:l �. h •..�es.�.... 7 !i!Y � � ISI � ,�. lil'{,A �'1 _,� .qtr. 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"1li:l sim.! }y / 11ji a '�' •n' a cuu • ~ IIh1 �>a 9 iA IO,tbi� �G r ++ e 1t+7.. .I! ..�•>°`�1 mot"'.°' '1)�,rJ /¢{Ip'j� } t\5 l'�� •� .,Fr1 ril ti) �� ` *'fir IN$ , ' via ` Fn •,+, a,.4'i rir^�"� �r) / 1T11 +r1, a"- :n� r fas f[ •e! y ,° S +'•• fP Ciarr.w \ 7 �,ct btu 1• ° tmay 1 _ � /- � AGENDA ATTACHMENT V EQUALIZATION OF RETIREMENT—BENEFITS Presently several substantial differences exist between the state retirement system and the local retirement system which render it impossible for us to say Orange County offers the same fringe benefit package to its employees the state offers. Three of these differences are (1) credit for military service, (2) repayment of withdrawn contri- butions, and (3) credit for out of state service. 'These differences can be eliminated by agreeing with the retirement system to extend. Orange County's coverage to these areas. The cost of this new coverage is 17/100 of i of covered payroll or roughly $240 monthly. From time to time modifications in the state retirement system are introduced. If the County does not move to adopt these modifications a radical difference between the No systems will soon develop. This will serious ly impair our recruiting efforts as the University., our major competitor for employees, is automatically covered by changes approved either by the General Assembly or the retirement trustees. I recommend the Board of Commissioners approve this extension of coverage. r 4i ii NORTH CAROLL`lA LOCAL GOVERNMENTAL EMPLOYEES'RETIREMENT SYSTEM RALEIGH,NORTH CAROLINA 27611 RESOLUTION TO ENTER AGREEMENT WITH NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES'RETIREMENT SYSTEM TO PROVIDE CERTAIN BENEFITS AS SET FORTH IN CHAPTER 1310 OF THE SESSION LAWS OF 1973 (2ND SESSION, 1974) WHEREAS, the 1973 General Assembly amended the North Carolina Local Governmental Employees Retire- merit System laws so as to permit agreements for providing certain benefits for employee members pursuant to Chapter 1310;and WHEREAS, the governing body of this Unit realizes the desirability of providing its employees with the security and protection provided by said benefits;and WHERZAS,Article 3 of Chapter 128 of the General Statutes of North Caro'in,provides that any employer governmental unit desiring to provide said benefits for its employee members must execute an agreement therefor pith the Director of the North Carolina Local Governmental Employees'Retirement System: NOW,THEREFORE, BE IT RESOLVED BY THE _Orange County Commissioners in (governing board of local governmental unit) rco lar session, 1. That the Orange County.Commiss io_ners _hereby elects to sec benefits for its (name of local governmental unit) employees in the North Carolina Local Governmental Employees'Retirement System. 2. That the_-OXan_e—rn„n+v C'nmmi¢ainnPrc__hereby agrees to comply with all provisions ;(name of local governmental unit) . of the North Carolina Local Governmental Employees'Retirement System as defined in Article 3, Chapter 128-of the General Statutes of North Carolina,as amended,and to make such increased employer's contributions as the Local Governmental Employees'Retirement System may determine to be necessary in order to provide said benefits. 3. That the_ rancre County Commissioners is hereby ordered and directed to execute. (name of local governmental unit) an agreement with the Director of the North Carolina Local Governmental Employees'Retirement System to im. plement said benefits of Chapter 1310 of the Session Laws of 1973(2nd Session, 1974). Upon motion of SonLMi!5 ��i�r�onald willhoit and seconded by s _jCpmmi S i anar_J y the above resolution was introduced for passage. The following number voted in the affirmative: — Five_(5)------------ The following number voted in the negative: COMPACT TRUCK BIDS 10 AM 3/7/78 Summary and Recommendation At 10:00 A.M. on March 7, 1978, bids were opened for 2 Compact Pick-up Trucks. The bids were as follows: EPA Mileage Bidder Each Total Combined City Hry Alexander Ford (Courier) 4,356.47 *8,712.94 33 29 38 Coggin Pontiac (Mazda) 4,409.81 8,819.62 33 29 38 Cox Toyota (Toyota) 4,500.00 9,000.00 26 23 31 Harris Conners (Luv) 4,780.00 9,560.00 27 24 34 *It is recommended that the low bid of $8,712.94 by Alexander Ford be accepted. $5,000. each is available in the budget for these trucks. AN ORDINA 4CE TO PROVIDE FOR THE CONT OL OF SOIL EF,osio N AND SE DIBENTATIM �1iIExtE,AS, the aunty Commissioners of orange County, North Carolina, recognize a great need Lo control soil erosion and Sed i.mentati.on and those activities tahich result in erosion and sedaTnenta.tion withinOrangeCounty and within areas affec:ti.ng the county; aid L•:HEREAS, the orth Carolina General Assembly, through Chapter - 392 of the Se sion '.Caws of North Carolina, 1,973, and other laWS, has delegated to local governments the power to control such erosion and s di..menta.tion; and s,.,HEREAS, ©ran. e County Cnmmi.ssioners desire to exercise such power LiOW, TFIEF.EFOR , BE 1T ORDAINED by the County Coramissio»ers of orange County, North Carolina- Section l Title _ This ordinance may be cited as the Orange County Soil ErOsiOn and Sedimentation Control Ordinance_ , Section 2 p rposes This orainan e -is adopted for the- purposes of: - (1) Regulating the clearing, grading, excavation, filling _ and i:ian~ pulation of the earth and the moving and storing of waters in order to: control and prevent accelerated soil ercislon and sedimentation, maintain the balance nf nature, prevent the obstruction of natural and artificial ., drai.nag ,was, �.rihibit f•7.00 di.ng,•„aana reduce tine underr�in�n�s of roads and other transportation_ facilities- (2) Establishing procedures through which these purposes can be ulfil.l.ed. ,iotwith tanding the provisions of Section 5 herein, the Board o County Commissioners of Orange County hereby declare' its intent that all of the departments and agencies of Ora e County, its con:motors and subcontractors shall conpl i-th the regulations set forth in this ordinance. 5,ec t f.on 3--- D J:ir_i ti ons As used in s ordi.nance, unless the context clearly indicates otherwise, e following definitions apply. e. Agricult ral" d is land used primarily for the pr�oducti..on o pp, ant. and animals and intended for private consumption or sale, including but not Iimited to forage and sod cropsi „grain and feed craps, tobacco, cotton, and peanuts; dairy anini als and daisy products, poultry and. poultry products ; l.ivestoc ., including the breeding and grazing of any or al-l- such. ani al.s; bees and. apiary products; fur animals. f _ Borrow - means fill material which is required for on-site construction and is obtained from other locations. g_ Buffer Zone •- means the strap of land adjacent to a lake or natural- x' dtercourse, .the width of which is imeasured. from the edge of he water to the nearest edge of the disturbed area. h.. Commissi l n - means the North Carolina Sedimentation Control, Commission. i . Denuded area -- Any area deprived of its protective vegetative cover an ,l,ef-t in that exposed condition. " a Department of Natural. j . Department -- means the North Carol zn D p t: andEc is Resources. k. District -- means the Orange Soil and water Conservation Di.stri created pursuant to chapter 139, North Carolina General Statut 1. Erosion means the wearing away of Land surface .by" the acti.nr. of wind„ water, gravity, or any combination thereof. m. Ground C ver - means any natural, vegetative growth or other material, which renders the soil surface stable against, accelerated erosion._ n. impervious Structure -- is any structure which prevents the free seepage of rainwater into the ground, including but not l.amite i d o buildings, paved roads, paved Marking lots, airport runways, etc. cs. Lake or Natural Watercourse -� means any stream, river,. brook, swamp, ound, bay, creek, run, branch, , canal, waterway, estuary, and any reservoir, lake or pond, natural or impounde+ in whicb sediment may be moved or carried in .suspension, and which c ul.d be damaged by accumulation of sediment or any body of water which is or would be denoted by a solid blue line or solid blue shapes on U.S.G.S. topographic maps: P. Lana-disturbing A6tivi.ty - means- any -use of the land by any person" n .residential,, industrial, educational, institutional or comminr-e,rcial. development, highway and ,road construction and Tn i ni=ter+ i-h;4 - ra i'1l t', in a chanare in the 2'1ai-x r Al rnvc=r, nr person Engaged in or Conducting Land.-disturbing Activity -- mean ,i s the ndiv'idual, partnership, fi.rn , association, joint vcn ture, publi.c' or privatd' corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity, financially responsible for the land.-disturbing activity. U. phase of radi_ng -- means one of two types of grading, rough or fine. V. plan •w- means erosion and sediment control. plan. [d. Sediment means solid particul.a.te matter, both r�in�zal or organic, that has been or is being transported by -.cater, air, gravi-Ly,, c. r ice from .its site of ari..gin.._ . Siltation _ leans sediment resulting From accelerated erosion which is settleable or removable by properly designed, con- structed, and maintained control measures; and which has been transport d from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is i_n suspension in water_ "'• _ y. Storm Wat r F anof f -- means the direct runoff' of water resul.t%�xg from pre ' a pi tation in any form. Z. Tract - m arts al.l. contiguous . land and bodies of water„ in one ownership or contiguous land and bodies of water in diverse ownership being developed as a unit, although not necessarily all at on time. aa. UncovE red - means the .removal of ground cover from, or or �. above the soil surface. bb. 'Undertake - means the initiating of any activity, or phase of activity, which results or will result in a change in the group cover or topography„ of a tract of land. cc. waste - m ans surplus materials resulting from. on-site ,cons,truc and• dispo ed of at other locations. dd. Working boys - means days exclusive of Saturday and Sunday during Kh ch weather conditions permit land--disturbing activity o be undertaken. Section 4 Sco e and Effect_ It shall. he lawful, within the jurisdiction of this ordinance, to engage in and--disturbing activity, except as provided herein, without first obtai.r. i.ng a permit as reduli ed by this ordinance and without complying with the conditions of the issuance of said permit. b_ Land dim u rb5--ng activities undertaken on agricultural. Land t as define d in section 3 (e) . C. Land disL"urbing activities undertaken on forest land for the proalction and harvesting of timber and timber products; Q_ ActiViti s undertaken by persons as defined In GS 113A-52 (7) . who are Dtberwise regulated by the provisions of the Mining Act of 1971, GS 74-76 through GS 74-68- e. Those la d---disturbing activities over which the State by Statute , has exclusive regulatory jurisdiction, whidh are activitiest (1) con acted by- the State, (2) Con acted by the United states, (3) Conaucted by persons having the power of eminent domain, • (4) Conducted by local goverrim-en ts, (5) Licensed by the State or the United States, (6) Funded in whole or in part by the State or the United States. Section 6 Qeneral Requirements persons eng ged in land-disturbing activities shall take all ieason'able easures to protect all public and private property from damage by such activities. Section 7 Basic control objectives The basic control objectives which are to be considered in develo. and sedimentation cont�col plan are and erosion an ersion a a. identif Critical Areas - On •site areas which are subject to severe rosion, and off.-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be i entifi ed and receive special attention. b. Limit Exposed Areas - All land-disturbing activities are to b planned and conducted -to minimize the size of the area to he exposed at any one time. c. Limit T me of Exposure All ).and-disturbing activities are t be planfied and conducted to limit exposure to the shortest feasible time. a. Control Surface Water - Surface water runoff originating upgi of exposed areas should be controlled to reduce erosion and sediment- loss during the period of exposure. Control Sedimentation All land-disturbing activities are tc e. be plan _e_d and conducted so as to minimize off-site sedimentz Qne No land-disturbing activity shall be perm teed a. 'S..,uffer Z i-Ali natural. watercourse unless a buffer in proxy to a jalke or zone i.s i:>rovided along the margin of the vratercourse of ble siltation within the twent Suffpc ient width to confine visi s-urbi five r::ent (25%) of the buffer zone nearer the land-di , activity Provided, that this subsection (a) shall not apply , to tan -disturb over , or -under a ' a bing activity in connection With the con- struction of facilities to be located on, la),-e o)c: natural watercourse. tapes and Fills angle for graaed slopes and b, Graded S which can be retdine o grey F _ter than the angle falls shall ther adequate , troj devices 3 b vege ative cover _or 0 withi Y any event-, slopes left. exposed Will, or stru In e of grading, be I g days of completion of any phas .30 .,,O-r%'n otherwise provided 'with ground cover., devices"':0r: planted. or strac a es sufficient to restrain erosion. over - Whenever lafid-airsturbing activitY is unaertaRrz C. Ground -119 more than one acre, if more than one cc ct �Tomprisi vegetation or„.ot-hE guolls alre is uncovered, a, ground cover of means S�ffjcient to restrain erosion must 'be provi,ded within L of the -tract upon which -fart] 30 worR- ng days on that portion , s not being provided, that active LonstructiOn i a forming is sifisection (c) shall not apply to cleaxea Ian . phis the basin of a res ervoir later to be inundated. a. a Performance of Control Measures - Erosion aDd Design an :�-t�ructu_res, and devices shal g�ed5er1Ua­t1_6n__control measures, L� to proviae contr be so planned, e sified, and cnsructed osion and sedimentation from �the calculated of accelerate3� year frequency storm- Ruribf peak rates of runoff from a ten- DA, rates zhall be calculated using the procedures in the US Soil Conservation Service' s, "National Engineering Field Manual for Conservation- Practices," or other calculation Prc cedures acceptable to the Erosion Control officer. Runoff CoMpUtations shall be based on rainfall data published by t-I Nation- I Wea her Service for the area. Section 9 P ermanent Downstream Protection Of Stream .Banks and , Channels provision hall be viade for the permanent. protectieffects on of oincreased f off-Sit, Stream banks and channels frcm the erosive Vejo&jty and volume Of Storm water r unoff resulting from tartan land-disturbing activities- , ation storage ancl controlled release of storm wa a. A com in 'M tndustrial, educat 15 ed for coml ercialt _� re�ioff shall be requi- onments of one acre or more; for mul and institutional devel .- J_ -fRrni1v residential developments of.1 one-a6re or-1 more;_.andr f Section 10 s crow and VIaste Areas Itihen the pers n conducting the land-disturbing activity is also th& person co ducting the borrow of waste disposal activity, areas from which borrow is obtained and which are not regulated by ' the: provision 5 of the Mining Act of - 1971, and waste areas for s,rplus Tnater ' als other than landfills regulated by the Department of Human Reso rtes , Division of Health Services, shall be consi.derc as part of the Land-disturbing activity where the borrow material is being used or from which the waste material originated. ' 1•71hen the person conducting the ,land--disturbing activity is not the person obtaining the borrow and/or disposing of the aaste these areas shall be considered a separate 7 and-disturbiAg activity_ Section ll ccess %and Haul. Roads . . _- Temporary access and haul roads, other than public roads, con- structed or'used in connection with any land-disturbing activity shall be considered a part of such activity- . Section 12 perat:ions in Lakes or Other Natural Watercourses.,% Land-disturb, activity in connection with construction in, on, . over , or and r a lake or natural. watercourse shall be planned -a.nd conducted in such a manner as to minimize the extent 'and duration of di.sturban e cif the stream channel- The relocation of. a stream., where rel.oca ion is an essential part of the proposed activity, sh be planned a d executed so as to mi.ni.mi.ze changes in the stream flow charact ristics, except when justification for significant alteration t flow charact.eri.sti.cs is provided. Every ,effort s`-'al be made to mAi.ntai-n buffer zones consisting of exis'ti.ng vegetation between the and disturbing activity and the watercourse. Section .1.3 esponszbility f'or Mai.ntenance The person elgaged i.n or conducting the land---disturbing activity shall.. be res onsi-ble for mairntaining all temporary and permanent erosion and edirmenta.tion measures and faci.li.ties during the development f a site- The responsibi.li.ty for imai.ntai.ning al.l permanent er si•on and. sedimentation control measures and f acil.itie after sited velopment is completed shall lie ..with the landowner. section 1.4 A- ditional Measures Whenever the Erosion Control Officer determines that si.gni.ficant sedi.mentati,on is occurring a.s a result of land-disturbing activit_ despite applbcation a.,nd maintenance of protection practices, the. person condo ting the land-disturbing activity or the person responsi.bl e or maintenance will. be required to take additional protective a tion.. - cps .�►„ I T; P-wr i Mina Uncovered Areas measures eeded to cr�tztpl.y and i will state the time with h which suc measures musE be completed. in determining the measures equi,red and the time allowed for compliance, the authority serving notice shall tale_ into consideration the economic easibi.l.i.ty, technology, and quantity of work required, �and shall. set reasonable and. attainable time l.imi-ts for compliance. C. The Erosion control officer reserves the right- to require preparation and approval of an erosion control plan in any instance vyherein extensive control measures are required. Section 16 , E 'osion Control officer This ordir:anc creates the position "of orange County Erosion T Control offi.c er who will be responsible for carrying out the provisions of this ordinance. The Orange County Erosion Control Officer shall work with the planning boards and the elected" governing bo rds of the planning jurisdictions within Or n Count in administering and enforcing this ordinance. Section 17 errgi.�Es . a, �o perso• shall undertake any land-�di.sturbinq activity on a tract co prising r►ore than one acre without .first obtaining a Perm, it therefor from the Erosion Control Off i,cer, except that no „ ermit shall be required for the land--distuirbing_,, activ.itias listed in Section 5. The permit shall be issued only aft r subvii.ssi.on and approval of an erosion and sedi.- mentatioll control plan. b. The coup y may establish such fees as considered necessary to defray c sts of administering this ordinance. Section 18 erosion and Sedimentatiori Control Plans a. An erosi n .control plan sh'al.1 be prepared for all land disturbing aeti '"ties subject to this ordinance �:henever the vi proposed activity is to be undertaken on a tract comprising more than one acre, if more than one con' tituous acre is to be uncovi red. The plan shall be filed- with the Erosion Control Officer and the Orange Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity. b. The Orange Soil. and Water conservation District , within 20 days of receipt of any plan, or within such additional time as may be prescribed by the Board of Conmi.ssioners of Orange County, shall review such plan and submit its corraqents and recora-ne dat ions to the Erosion Control. Officer. ]Failure of the Dis ri.ct to submit its comments and recommendations to the Ero ion Control.Officer w within the prescribed time will M k n adequately described the proposed development of the tract and the measures planned to comply with the requirements of this ordinance. The plan shall comply with all applicable State an local xequlatiOns for erosion and sediment control . Plan con- tent m y vary to meet the needs of specific site requirements. Detail d guidelines for plan prepar,ati-on. may be obtained fz:om ,the So' l Conservation Service Guide for erosion control on con str"Uction sites or frown. the Erosion Control. officer on. request e. Appli,c tion for amendment of an erosion control plan in writte and/or graphic form may be made at any time under the same. cor di.tions as the original. application . lyntil such tine as said amendm nt is approved by the Erosion Control officer, the lane disturbing activities shall not proceed except in accordance with t e erosion control plan as originally approved. Section 19 AAP� ears a. The di approval or- modification of any proposed erosion contr, plan by the Erosion Control: officer shall entitle the person submitting the plan to a public hearing if such person submit writte demand fox a hearing within 15 days after receipt of written notice of disapproval or modification. b. (1) Hearings held pursuant to this section shal be conducted fi the Orange County Planning Board within days - after of written demand for such hearing made by the person submi.tt the plan when such plan i.s .for land disturbing activities occ outs! e the ,corpora.te limits of the townsc}f. Chapel Hill, . Carz Hillsborough and Mebane. (2) x e Orange County Planning Board shall make recomnendati_c to tbE Board of Gomr.lissi,oners of Orange County.. within 30 days after the date of the hearing on such ..erosion control. plan- (3) TI e Board of Commissioners of Orange County will rendex- final. decision on any erosion control plan upon which a hea3 is requested within 30 days of receipt of the recommendation: from he agency conducting the hearings. c. (1) H a wrings held pursuant to this section shall be conducte,i a designated agency of the appropriate town board within 30 + after receipt of written demand for such hearing made byy the submitting the plaza. when such plan is for land disturbing acti.v�ties occurring within the corporate limits of the town Chape Hill, Carr'boro, Hillsborough or Mebane. (2) T e said designated agency shall make recommendations to appro riate town board within 30 days after the date of the heari g on such erosion control. plan. (3) T e said appropriate town board will render its final de on an', erosion control plan upon which a .hearing i..s requestre in 30 days of receipt of the recommendations from the said d gnat d agency conducting the hearings. b. if, through inspection, it is determined that a person engaged in land isturbing activities has failed to comply with the approved plan or that the Measures required in the plan are not con rolling erosion and sediment a notice shall be served upon that person by registered mail.. The notice shall set fort the measures necessary to achieve compliancelwith the plan and to achieve effective erosion and sediment control and shall state t .e time within which such measures must be completed. if the person engaged in the land-disturbing activities fails to comply within the time specified, he shall be deemed in violati of this ordinance. c. The Erosion Control officer shall have the power to conduct suc investigations as he may reasonably deem necessary to carry out his duties as prescribed in this ordinance, and for this purpos to ente 'at reasonable times upon any property, public dr private, for the purpose of investigating and i,nspectIn.g the s! of land disturbing acti:.vities. No person shall. refuse entry or access to any authorized representative or agent of the county who req gists entry for purposes of inspection,, and who presents appropriate credentials, nor shall any person obstruct, hamper, interfere with any such representative whale in the process of carrying out his official duties. d. The Erosion Control officer shall also have the power to requix written statements, or the filing of reports under oath, iith respect to pertinent questions ' rel,ating to land-disturbing - acti.vit'es. Section 22 Penalties a. Civil. Penalties (1) Any person who violates any of the provisions of this ordinance, or rules or orders adopted or issued pursuant to this ordinance, or who initiates or continues a, land.. di turbing activity for which an erosion. control. plan, a s' required except in accordance with the terms, conditions, and provisions of an appr6ved plan, shall, be subject to a di_ it penalty of not more than �10U. No penalty shall be as essed until the person, alleged to be iri vidlation has be .n notified of the violation. Each day of a continuing violation shall constitute a separate violation under Se tion 22 (a) (1) . (2) Th governing body of the town or County shall determine th amount, of the civil penalty to. be assessed under • Se ti.on 22 (a) and shall make written demand for payment ul th person responsible for the violation, and shall set fc in detail a description of the violation for which the pe alty has been invoked. If payment is not recei.ve�d or equitable settlement reached within 60 days after demand for payment is made the matter shall be referred to the ton or county Attorney for institution of a civil actioi in the name of the town cr county in the appropriate Ii ision of the General, Courts of Justice for recovery of I of a misdemeanor punishable 15y imprisonment not to exceed coo days , or by a fine not to exceed $5,000 , or by both, in the discretion of the court. Section 23 1 junctive Relief a_ 11henever the governing body of the town or county has reason- able cause to believe that any person is violating or threatenin to viola. e this ordinance or any rule or order adopted or issued pursuant to this ordinance , or any terra, condition, or provisi.or.' of an ap roved,er-osi.on control plan, it may, either before or after the institution of any other action. or proceeding author12 by this ordinance, institute a civil action in the name of the town or county for injunctive relief to restrain, the violation. or threatened violation. The action shall be brought in the Superior court of Orange county. b. Uponn, det rmi.nation by a court that an alleged_viol ati.on is -;! occur4in or is threatened, it shall "enter such orders 'or-, judgment _ as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal- penalty prescrib d for violations of this ordinance_ section 24 lever.ability if any one or more sections or portions thereof of this ordinance are held to le invalid or unenforceable, all other sections and portions the:ffective eof shall. nevertheless continue in full force and effs Section 25 Date This ordinan e will become effective upon passage by the Orange County Board 'of commissioners and the approval by the North Carolin Sedimentatioa Control. commission_ NER -- SEDIMENTATION CONTROL 4C ,0000 . 0006 3RITERIA In de ermining the amount of the civil penalty assessment the Sec etary or the Director shall consider the following criterl , insofar as they are appropriate to the violation: (1) 3everity of the violation, (2) egree and extent of the harm, (3) ype of violation, (4) duration, (5) 3ause, (6) xtent of any off-site damage which may have resulted, (7) affectiveness of action taken by violator, (8) idherence to plan submitted by violator, (9) ffectiveness of plan submitted by violator, (10) 3ost of rectifying any damage, (11) he violator' s previous record in complying or not omplying with the laws and regulations of the commission (12) astimated cost of installing and/or maintaining corrective ediment control measures , (13) staff investigative costs . History Note : Statutory Authority G.S . 113A-55; 113Aµ64 ; 143B-10; Eff. February 1, 1976. Amended Eff. .0007 PROCEDURES : NOTICES a) rior to the assessment ofi any civil. penalty under this ( 3 :b)ap er, notice of the violation shall be given the alleged violato (s) or his (their) agent(s) by registered or certified mail. he notice shall describe the violation with reasonable particu arity, shall specify a time period reasonably calculated to permit the violator(s) to complete actions to correct the violation, and shall state that failure to correct the violation within hat period will. result in the assessment of a civil penalty . (b) f, after the allotted time period has expired, corrective action I has not been completed, the penalty may be assessed from the da.t of receipt of notice of the violation . Notice of the assessor nt shall be made by registered or certified mail.. History note : Statutory Authority G.S . 113A-64; 143B-10; Eff. February 1 , 1976 . Amended Eff. NORTH C ROLINA ADMINISTRATIVE CODE 4 .15 w I. NER M S DIMENTATION CONTROL 4C .0000 . 00083 PAYMENT; HEARING; REMISSION/MITIGATION After receipt of notification of any assessment , the assessed person � ust (1) Tender payment; or (2) ubmit in writing a request for an adjudicatory hearing pecifying the factual or legal issues to be litigated; r _ (3) ubmit In writing a request for remission or mitigation �f the penalty stating the reasons why such request is ust I f A ed. Requests for remission must be accompanied by either a waiver of the rig t to an administrative hearing or a stipulation that the facts a !stated by the Director in his Findings and Decision are not in ispute. If such waiver or stipulation does not accompany the remission request , the request will be treated as a request for an � dministrati.ve hearing. Payment may be tendered in con- Junction with a hearing or remission request and in such case the payment will be accepted as conditional upon Final. action. History Nate: Statutory Authority G .S. 113A-64; 143B-1.0; Eff. February 1, 1976 . Amended Eff. .0009 'ENDERS OF PAYMENT; HEARING, REMISSION, MITIGATION REQUES9 (a) fihe Director shall accept and acknowledge all tenders o;' payment on behalf of the Secretary. (b) equests for remission or mitigation shall be presented to the ecretary . Upon receipt of such a request , the Secretary shall d legate the authority to consider the request to a member of the edimentation Control Commission. The Delegate shall acre a time nd place for presentation of the request by the responder The Del gate shall thereafter consider the request and make a recomme dation to the Secretary, who shall make the final. decisic on the emission request . (c) hould the assessed person request an adjudicatory hearing the Dir ,ctor, upon concurrence with the Attorney General. represe ting the Department, may deny the hearing upon "a finding that no issues of law or fact exist . In such case , the request will be presented to the Department to consider remission or mitigation. Adjudicatory hearings will be held in accordance with Su chapter 1B, Section .0200, of this Title. History Note : Statutory Authority G.S . 143B-10 ; 113A-55 ; Eff. February 1, 1976, Amended Eff. NORTH C ROLINA ADMINISTRATIVE CODE 4-16 r a NER - S DIMENTATTON CONTROL 4c ,poop .0010 R FERRAL TO ATTORNEY GENERAL If pay� ent is not received or equitable settlement reached within 3o days after demand for payment, which is the date of receipt Df the notice specified in Regulation .0007(c) of this Subchapt r, the Secretary or Director, on his/her behalf, shall refer the matter to the Attorney General to recover the amount of the p nalty. For continuing violations, each day shall constitu e a separate violation as provided in Regulation .0005 of this subchapter. Historl Note : Statutory Authority G.S. 113A-55; Eff. February 1, 1976. Amended Eff. . 0011 FJRTHER REMEDIES No pro . sion of this subchapter shall be construed to restrict or Impair the right of the Secretary, the Director, or the Sedimentation Control Commission to pursue any other remedy provided by law for violations of the Sedimentation Pollution Control Act . History Dote : Statutory Authori 5 rw /2.... 77. ._ . - 4'•-�`� -- 79- 9 --------- _ .--- e' --- - - - --- --- - -- ------- •_��i�f��'oU(CIE_E��f�U��l�tf�l�llJ�l _ ATIolor ------ ---- � � I ! jI ! —Z�, I `-�N`•�; �'- _sue - �r� .�"�' 1 'I I� ;- 4L1 IQ, � ' � '' � , i ` ' � ` � � '' ' � E fti��•�..3 .�-ems��.�ll '����ti 1 1 Amp Ilk