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HomeMy WebLinkAboutAgenda - 06-03-1985 CAE COUNTY BOARD OF COMMISSIONERS PZENIN REGULAR MEETING MONDAY, JUNE 3, 1985 COMMISSIONERS ROOK HILLSBOROUGH, N.C. 6:30 P.M. A. IVABD-CaMMES B. All Onaggaginirbi 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda C. Mina D. APILES E. BrESET2 1. Revisions to Proposed New Personnel Ordinance 2. Fair Labor Standards Act Impact P. ..a113LIC HEARD= 1. Renfrew/Brigadoon/MCDermott Drives--Public Hearing on Assessment Resolution PAGE # G. 'MS FDR DECISION 018 1. Renfrew/Brigadoon/McDermott Drives—PPP Assessment Resolution 034 2. Nanco Woods—Preliminary 039 3. Forrester Bend--Section Two--Preliminary 045 4. Quinn Subdivision—Preliminary 058 5. Indian Springs--Preliminary 066 6. Stormy Acres--Preliminary 073 7. 0. T. Farrington Family Lands--Minor--Class A Road 079 8. Waiver of Land Use Plan Policy 11.6 089 9. Pineview Road/Pineview Drive--PR? Petition 100 10. Clearwater Lake Road--PPP Petition 111 11. Addition of Chestnut Road in Farrington Hills Subdivision to the State-Maintained Road System -.114 12. Disinterment and Reinterment of Graves 116 13. Orange Industries Construction Agreement 122 14. Agreement Between Geological Survey and Orange County 126 15. Reclassification Appeals H. RCN _ _ 00 • D' 4 OA I. ADME = .5, . iew,24:1 151enit &nun of 3}tiltsboroug4 Town Clerk Mayor Frank H. Sheffield, Jr. HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Johnson Supt. Water Works Commissioners James Pendergraph Lynwood J. Brown Street Supt. Horace H. Johnson , . . I., D. Wagoner q.l■ Chief of Police Remus J. Smith . J■al.t A_ , Arnold W. Hamlett Rachel H. Stevens 1111...ir . . .. . Are Chief rA" 1. John Forrest # lr + 4—'700 . - June 3, 1985 Mr. Don Willhoit, Chairman Orange County Commissioners 106 E. Margaret Lane Hillsborough, N. C. 27278 Dear Don: At its meeting on May 28th, the Town Board considered the list of mod- ifications to the proposed Efland Sewer Line Agreement which Commissioner , Lynwood Brown and I discussed with your Board on May 24th. I . The Town Board accepted the proposed terms in principle, subject to review of a draft contract, with the following two changes: (1) With respect to the 16 potential County customers in Orange Heights, the Town wants those customers to become Town customers on the effective date of annexation, rather than on July 1 after the date of annexation. It is felt that as citizens of Hillsborough, those residents should have all the same services as other citizens, including sewer rates. Because sewer service charges rather than property taxes are pertinent here, we feel that it is only fair for those residents to have the benefit of in—town rates immediately upon annexation. This change affects modifications 4b and 7 in the May 20th list; (2) The Town also desires to accomplish a complete transfer of the 16 customers in Orange Heights. The Town proposes that upon the County reaching a total of 228 customers for the project (either east or west of the Eno River), the 16 Orange Heights customers (or as many as are connected to the County line) be completely transferred to the Town. The Town would handle billing, would collect and retain all monthly service,: payments, but in turn, would not charge the County for the cost of treatment. Mr. Don Willhoit Page 2 June 3, 1985 We assume that by the time the County reaches 212 customers (exclusive of Orange Heights), the project economics would be able to support the transfer of the 16 customers in Orange Heights to the Town. This provision would replace item 7 in the May 20th list of modifications. Also, the Town asks that the draft contract expressly state that any customers east of the Eno River other than the 16 in Orange Heights directly adjacent to the County line be considered as Town- customers from the time of connection and would not be subject to any County connection, availability, or other fee. If you have any questions regarding these proposed changes, please do not hesitate to contact me. We look forward to receiving a draft agreement prior to our meeting on June 13th if possible. • Best regards, /.0/ Frank H. Sheffield, Jr Mayor cc: Town Board Members County Manager • MOMMEMMEMMINftmor 0 01 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. C MEETING DATE June 3, 1985 Subject: MINUTES of Commissionerq 1 Public Hearing: Yes no I • Attachnent(s) Information Contact: UNDER SEPARATE COVER Beverly A. Blythe Phone Number: 732-8181, 968-4501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: April 1, 1985 - Regular Meeting April 16, 1985 - Regular Meeting May 6, 1985 - Regular Meeting NEED: Approval so the minutes may be entered into the official minute book in the Clerk's office. RECOMMENDATION: As the Board decides. IMPACT: 140 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 3. 1985 Action Agenda Item SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING _X-Yes No Attachment(s) Information Contact: SUSAN SMITH PROPOSED SUBDIVISION REGULATION TEXT AMENDMENTS Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive public comment on proposed Subdivision Regulations text amendments. NEED: The proposed text amendments would address deficiencies in the Subdivision Regulations. An issue statement precedes each proposed amendment and is an attachment to this abstract. IMPACT: The proposed text amendments, if approved, would improve the Subdivision Regulation and provide clearer direction in its administration and enforcement. RECOMMENDATION: Approval of proposed amendments. 139 to entwine throughout the recreation site providing for leisure pursuits supplemental to just entrance/access walkways (i.e. nature/ jogging/bicycle trail loop, extending beyond picnic shelter area). - Other Amenities Park benches located at tot lot area and strategically placed along the pathway should be considered. West Ten Mobile Home Park - Accessibility - Developer seems to have considered appropriate location of the recreation area and has proposed adequate pedestrian pathways to the rec facilities. Pathways should be of material, width and slope as noted above. • - Other amenities Park benches strategically located along jogging/nature path should be considered. Please be advised that these two proposed developments will be addressed at the next Orange County Recreation and Parks Advisory Council meeting, June 4th. I would request that any specific concerns/comments of the . Council be considered as conditions of final approval by the Planning Board. MAB/pbl CC: Lorraine H. Parker, Chair, Advisory Council Brian E. Cox, Supervisor, Southern Service District D. Lynn Toreson, Supervisor, Western Service District 1 14 PROPOSED SUBDIVISION REGULATIONS AMENDMENT ARTICLE VI REQUIRED MINIMUM DESIGN STANDARDS SECTION /V-B-3-C-2 P4RTIAL WIDTHS ISSUE: In the administration of the Subdivision Regulations, staff have recently encountered difficult and possibly irresolveable subdivision requests where the applicant cannot obtain even a partial width right-of-way of twenty-five (25' ) feet. This problem particularly arises in the case of lots created improperly by deed subsequent to the enforcement. of Subdivision Regulations to a given township and in the case of further subdivision of lots initially created by subdivision of tracts into 10+ acre lots and, thereby, exempt from the requirements of the Subdivision Regulations. Staff feels a means to provide a solution to those situations is needed. EXISTING ORDINANCE: • IV-B-3--c-2 Partial Widths - A partial width right- of-way, not less than 25 feet in width, may be dedicated when it adjoins undeveloped property; provided that the width of a partial dedication permits the installation of such public facilities necessary to serve the lots abutting therein. Where said adjoining undeveloped property is subdivided, the remainder of the full required right-of-way width shall be dedicated. PROPOSED SUBDIVISION REGULATIONS AMENDMENT: REVISE IV-B-3-c-2 to read : Partial Widths, - A partial width right-of-way may be allowed in a subdivision where: (a) In the judgement of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans, and access by public safety vehicles, are such that a partial width right-of-way is justified; and, (b) The access serving the subdivision is classified as either a Class B or Class C road according to the Orange County Private Road Standard; and, (c) The right-of-way width provided is adequate to allow for the construction of a travelway, ditches, shoulders and turn-around required for the class of road serving the subdivision; and, 142 (d) The right-of-way width provided would allow access by the largest emergency services vehicle serving the district in which the subdivision is located; and, (e) If one or more of the following conditions are met: (1) When the partial width right-of-way adjoins undeveloped property and is not less than 25 feet in width, and when said adjoining undeveloped property is subdivided and the remainder of the full required right-of-way can be dedicated. (2) When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. (3) When pre-existing conditions preclude the provision of full right-of-way due to the pattern of adjacent development, historical common access and/or site- specific physical constraints. 143 1 PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT SECTION IV REQUIRED MINIMUM DESIGN STANDARDS ISSUE: By resolution of the Board of Commissioners on November 15, 1983, Orange County committed itself to full compliance with the State-Local Action Agenda for the Falls of the Neuse and Jordan Lake watersheds. To date the County has complied with all but two of the local actions: (1) control of the first 1/2' of stormwater runoff from all impervious areas for new developments and (2) 50- foot stream buffer along perennial streams. The proposed amendments would bring the County into full compliance with the Action Agenda. EXISTING ORDINANCE: The ordinance does not currently contain provisions for design standards for purposes of water supply watershed protection. PROPOSED SUBDIVISION REGULATIONS AMENDMENT: Amend Section IV 1EOUIRED MINIMUM DESIGN STANDARDS by adding Section IV-B-9 Watershed Protection Standards IV-B-9. WATERSHED _PROTECTION .ATANDARD5 In every subdivision, provision shall be made for the protection of water supply watersheds of regional importance. Lands 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 impervious surfaces is infiltrated into the soil. IV-B-9-a. Applicattility Water supply watersheds requiring special protective measures include all property located within the Neuse and Cape Fear River basins outside the zoned portions of water supply watersheds designated in the orange County Land use Plan. Iv-B-9-b. Stream Buffer Standards In all new subdivisions located within a water supply watershed of regional importance, the preliminary and/or • 1442 final plat of such subdivisions may not be approved unless stream buffers are provided in accordance with the following standards: 1) Stream buffers shall be provided along all perennial streams within or bordering new subdivisions. Perennial streams are defined as those streams, creeks or other drainageways 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 outer edge of the flood plain adjacent to the stream for a distance of fifty (50) feet away from the flood plain. The flood plain is defined as designated in the Orange County Flood Damage Prevention Ordinance, by special survey by registered engineer or surveyor, by the alluvial soils as designated in the Orange County soil survey, or through a site analysis by the Orange County Planning Department. 3) Within the flood plain and adjoining 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 comparable stormwater runoff velocity and quantity within one Cl) year from the date of installation. Where a buffer area is subject to serious erosion, an erosion resistant vegetative cover shall be establ- ished and maintained. 4) Public and private streets, bridges and railroad rights-of-way shall be permitted to cross buffer areas, but they shall enter and exit such areas as nearly perpendicular to them as possible. The direct discharge of runoff through ditches, culverts or along roadways which cross required buffer areas shall be controlled through infiltration, retention or detention structures, and diversion devices. IV-B-9-C. infiltration Standards 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 (1/2) inch of stormwater runoff from impervious surfaces. Impervious surfaces are those areas which prevent infiltration of water into the soil and include parking areas, roads, sidewalks, and other similar facilities constructed of asphalt and/or concrete. Control of stormwater runoff shall be accomplished insofar as possible through on-site infiltration of the first 145 3 one-half (1/2) inch of runoff and through the use of methods which rely on natural soil properties for absorption and treatment. Infiltration techniques not only remove both suspended and dissolved pollutants, but they require less maintenance, reduce flooding, promote groundwater 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 stormwater 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 on-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 stormwater infiltration purposes. Runoff from roads, parking lots and/or sidewalks shall be directed to undisturbed areas through the use of beams, grassed diversion ditches or swales, or other acceptable means. - I—) -.,) \10, ,, le, . I:, i\/ ----,, 1 , , 1 • - .1 i is 1 4 6 1) j:.<4. r-/....4., /- f ‘ : .„- .,.. ? '• s't i ..— i j ..,... too, 4•;,,, ....1/4,4 1/4, el �..- i cJ ./` ii 25-'the ...".. t... IF* 4r rffe/riiii _ i r`" i t gipp. ,e* A'�_'r''�I d y ---)\( ! i i �� /a 4.5 �-e-_,.,M,1! 2b`ra. Jay - 1 ' -0- Tar.-----,..goite--"V774.-„irAliNtir- ,00Or r /�, p---- ,444 . it-.tli , "."- 4.-- 4%1r * 3441,11i1-,, • 1 ,,p- .1 - .167:- - ...-/-' - >0 ..0*-1.- f' I 1 - ') I >:....„, . ,743-491%, },41.r. " DNS ��A // t Z �1,�.rj Cope,t --- -"? • -, �! , 40 ---..„, -,111 ..-49..- ,...- ,t AL _ ,,4..!ii., VI 1 i .04'r A/ It;.1:,--„r4r0,41....."-1 --I 410".4111111, ' .„:„.4.,?-,..r ,0 i..o\ -No go 1 t 04 I rtoi CD '••• / ,-.- /1°' -,AA' AwAtr-,••-„.. Z • • • . - - ..- ,..,-/ -0,- ,,,,--;--04k-AtmoiT . _.„,„ ,... i Cl. : e,, ,„,,,,, -„."..,- .., _ ----, c, . ,,..........„, ....„ ,_.. ,,.2.,•,a , -., . l N . EXISTING AND POTENTIAL REESERVOIR SITES S & WATERSHEDS SCALE: rt..-e000' EXISTING A .0111.1.111.....". MA,ADR V TER 7 A POTENTIAL RESERVOIR Eal WATER J-PP1.Y IA TEi E I-EDQ ' •MAY t9$7 •aa.v on.arse CO n.....o C.►s . . 147 TRIANGLE J COUNCIL OF GOVERNMENTS -.A 100 PARK DRIVE P.O.BOX 12276 RESt•ARCII TRIANGI.1- PARK.N C 2770,) MN)4444t;i I — FALLS/JORDAN LAKES - PROTECTION THROUGH UNIFORM LOCAL GUIDELINES February 9, 1984 I. WATERSHED-WIDE GUIDELINES - NRCD guidance included recommendations . for stormwater control and stream buffers that would apply throughout the Falls and-Jordan watersheds: A. Stormwater Management. - For all new development, control the • • first 1 inch of stormwater runoff from all impervious areas. In order of preference, stormwater control options include: 1. Onsite infiltration through undisturbed vegetated areas. .1% ri::::=5 • 2. Structural, or engineered infiltration measures such as infiltration trenches or retention ponds that reduce the i-1,4i ti total amount of runoff. tr-:-.7-Ye•-•zy •14,1) 3. Detention structures that reduce the rate - but not the total amount - of runoff. (December 2 guidance from NRCD suggested that new development in existing urban areas (defined by municipal boundaries ) 4...:...... not be subject to Stormwater Management requirements and Arimmik. , impervious surface limits. Local decision makers may - . wish to reconsider that exemption in light of the flexibility suggested by this present package. ) B. Stream Buffers (applicable in all areas) - For any new development. maintain 50-foot vegetated buffers along both sides of all perennial streams. Minimize the direct discharge of runoff through ditches, culverts, or along roads crossing the natural buffers. • 1 1. "Perennial Streams" are indicated by solid blue lines on USGS 71-minute topographic maps. 2. Fifty-foot distances would be measured from the edge of streambanks. . . 11. WATER QUALITY -CRITICAL AREAS A. Purpose - To provide a special level of protection to areas critical to the water quality of the lakes. Suggested limits on impervious coverage, stormwater control , and non- residential development can reduce the effects of runoff and • lessen the chance of wastewater system failures and chemical • • APIX ° BENSON • BROADWAY • CARRHORO • (AR • CHAN I IIHI Ft • CLAYTON • DURHAM • FOUR DAIS • INCAYNARINA 0 GARNIR Illip GOLDSTON • HILLSBOROUGH • HOLLY SPRINGS • 1.1 NI'1 • KNIGIIIII%1 I MICRO • MORRISVILLE • PINI LIVE, • nristoRo • PION+ i loo RALEIGH 0 ROLLSVILLE • SANI ORD • SI I m% 0 SII I K CII% SMITHFIELD • WAKL FOREST • v.I Pox II • /1 m ins 1 7 \ CHATHAM COUNTY • DURHAM COUNTY 6 JOHNSIOX COMIN LEL COUNTY • ORANGI COUNTY 0 • WAk1 tOVNIN LOCAL ACTION PLAN MATRIX FOR FALLS WATERSHED 044 MAY 9 1986 • 148 LEGEND NA, NOT APPLICABLE R ACTION REJECTED 641ACTION BEING IMPLDIENTED eiacnan sem CONSIDERED AtingaltrgED BY POLICY BOARD COUNTY ACTION ENDORSED BY POLICY BOARD AITIoN BlitlimPterifefrect , cz; to 4. 4. C.J . 44? 4° s .t 4, 4, 4 4- /4e 4 444.1 ACTION- ;44! 43" LOCAL SEDIMENTATION/EROSION 0 0 pRoeamt •COUNTY SOIL & WATER PLANS FOR NA INA [ OGRAM NA NA CRITICAL EROSION AREAS INDUSTRIAL PRETREATMENT 'NA' • INA INA INA I NA 0 INA LOCAL PR HAZARDOUS MATERIALS .0- 0 0 0. 0 0 we C._ T/2* STORMWATER REQUIREMENT 00000AS 00 • • 504001 STREAM-BUFFERS eo . ocAeo • trilirEla.ITY CRITICAL AREAS im • (2) NA I NA "4 6% IMPERVIOUS LIMIT INA • e 0 INA INA INA 0.. 0 RESTRICTED. - INA • e INA INA INA 0, o C/I DEVELOPMENT NO SIBIER EXTENSIONS I NA * 0 INA I NA INA 12Z IMPERVIOUS LIMIT: . (UNSBIERED/NON-CRITICAL) s e 0 co • . .0 • 30% IMPERVIOUS LIMIT: (SEWERED/NON-CRITICAL) e • A INA NA NA • INA • LIMITED INDUSTRY AREAS DES/GRATED oe eitisA ,NA i NA: • I * ALLOW GRAVITY FLOW SEWER EXTENSIONS, BUT INCREASE STORMWATER REQUIREMENT TO 1". el INDICATES RECENT CHANGES - • O4 E, LOCAL ACTION PLAN MATRIX FOR JORDAN WATERSHED- MAY 9. 1985 LEGEND 149 . NA .NOT APPLICABLE ofAcrIca BEING INPLEMIED RIACTION REJECTED ' 01ACTION--BEING CONSIDERED AiltLiT/ N. ENDORSED BY POLICY BOARD ,JNTY eiyAcria. ENDORSED Eir POLICY BOARD AiroN 81,114.wineENTED . . • /41 /4ir • /4? /c4 /c). At? . /.414 44. gf14."41 /40. ACTION' • 4. /1/8- /..cg /g) gt- LOCAL SEDIMENTATION/EROSION• 0) 0100 , 0 .4000... 0 PROGRAM' CITYOktTTTPLRS. FOR CITICAElOIO / EASO. 4IA INA 4 INA INA • NA INDUSTRIAL PRETREATMENT • PROGRAM !NA .0 INA. • 0'10 INA 0. 1NA 11 LOCAL. HAZARDOUS MATERIALS INVENTORY 0 .(De,. 0 0000 es. . 1/2.* STORMWATER REQUIRDIENT (2)• e) 0. .1:itFt A A 0 A SO-FOOT STREAM BUFFERS 00 w • ei INA AA EYA • IgIsTIRGN?tuTairTY: CRITICAL AREAS. INA INA I NA 0 0: INA [NA I NA .NA. • 6%. IMPERVIOUS LIMIT INA INA 1NA- 0 O' 0 INA INA I NA I NA A • RESTRICTED im INA. INA ej INA INA INA :NA • cn DEVELOPMENT NO SEWER EXTENSIONS INA INA INA (2) * e. NA INA INA INA • IrNSEPEIDI%aUNO11-liliVirEAL) A 0 A. (2) 0 • - 30% IMPERVIOUS LIMIT: (SEWERED/NON-CRITICAL) NA e A i NA • A 1 NA I NA MA 0 .0 - LIMITED INDUSTRY AREAS 1.NA !NA ocaec i NA /GNATEp NA NA 0 A i * ALLOW GRAVITY FLOW SEWER EXTENSIONS, BUT INCREASE - • STORMWATER REQUIREMENT TO 1". CB INDICATES RECENT CHANGES • 150 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June. 3, J.985 Action Agenda Item VI SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING . _Yes No Attachment(s) Information Contact: SUSAN SMITH PROPOSED ZONING ORDINANCE TEXT AMENDMENTS Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -. 968-4501 PURPOSE: To receive public comment on proposed zoning Ordinance text amendments. NEED: The proposed text amendments would address deficiencies in the Zoning Ordinance. An issue statement precedes each proposed amendment and is an attachment to this abstract. IMPACT: The proposed text amendments, if approved, would improve the ordinance and provide clearer direction in its administration and enforcement. RECOMMENDATION: Approval of proposed amendments. 151 1 PROPOSED ZONING ORDINANCE TEXT AMENTMENT ARTICLE IV: ESTADLISHMENT OF PERMITTED USE TABLE ARTICLE VIII: SPECIAL U$ES. ARTICLE XXII: DEFINITIONS ISSUE: The Orange County Planning Department has received a request from the Health Sciences Consortium to amend the Zoning Ordinance to allow for this use in areas outside of designated activity nodes through the special use permit process. Health Sciences Consortium is a membership organization founded in 1971 by the deans of 12 southern medical schools to develop and disseminate instructional materials in the health sciences and health-related areas and to train faculty from its member institutions in the selection development and ,utilitization of educational resources. They are seeking a rural, versus commercial, site for a facility to house staff and provide training workshops. Staff initially reviewed the Consortium's request for zoning approval under the provision regarding universities, colleges and institutes as permitted uses in the Residential-1 zoning district. Staff opinion was that this provision in the Permitted Use Table refers to institutions of higher learning having similar and related chracteristics in their educational purposes and which grant academic degrees. The purpose of Health Sciences Consortium is to develop and effectively utilize instructional materials to improve education in the health sciences area through distribution of these materials and training of faculty in their use. While the Consortium is affiliated with universities and involved in educational activities it serves as a clearing house for educational materials. In reviewing the Consortium's activities with their representatives staff suggests that an appropriate mechanism for providing for this use would be the Special Use Permit process. EXISTING ORDINANCE: This use is currently provided for as a permitted use in commercial and office zoning districts under the health services or offices and personal services° classifications. 15(-7 2 PROPOSED ZONING ORDINANCE AMENDMENT: Amend Article 4, Section 4.3 Permitted Use Table to provide for "Non-Profit Educational Associations" under a Class A Special Use Permit in Agricultural- Residential zoning district. Amend Article 8 by adding Section 8.8.24 • r • g - i 0 0 / 8.8.24.1 Additional Information In addition to the information request in Sub- sections 8.2 and 8.8 the following shall be supplied as a part of the application. a) The site plan shall also contain the following: 1) location, width and type of all internal vehicular and pedestrian circulation 2) location and dimensions of all on-site signage 3) boundaries of the site and distance to nearest residential structures. b) Description of the proposed use(s) of the site and, the buildings therein, including the following: 1) amount of area allocated to each use. 2) number of full and part-time employees 3) number of clients expected to use the facility 4) proposed hours and days of operation c) Building plans for all existing or proposed structures to include floor plans, elevations and sections showing proposed use. d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground- cover and any other landscape materials. e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment. f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. 15 a 3 g) Copy of the organization By-Laws and/or Articles of Incorporation. h) A detailed description of the organization, its staff, membership, affiliations and activities. 8.8.4.2 $tandards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) The site plan submitted meets all requirements specified in sub-sections 8.8a) and 8.8.24.1a) . b) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been satisfied. c) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. d) The site is served by direct access to a paved state-maintained road. The developer must show that the existing facilities have the capacity to handle the additional traffic generated by the use or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. e) Internal vehicular and pedestrian circulation is designed to encourage smooth traffic flow and reduce hazards. f) All access roads and employee/visitor parking areas shall be paved. g) No chemical, toxic or hazardous substances are used, produced, stored or consumed on-site, h) Development of the site as proposed would have no adverse impact beyond the building, except for appropriate parking facilities. The floor area of a building or group of buidings housing a non- profit educational cooperative shall not exceed the maximum floor area ratio as permitted by Section 5.1.2 of this Ordinance. Al]. buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. i) The applicant must demonstrate its compliance with the definition of "non-profit educational 1 SV 4 cooperatives as contained in Section 22 of this Ordinance. Article XXII Definitions KIPROFIT MUCAT/ONAL_COOPERATIVE An organization operated on a non-profit basis whose purpose is to acquire, produce and distribute instructional materials for the benefit of its member institutions. Membership is comprised primarily of fully accredited schools of health, education, social, legal, environmental and/or engineering sciences in institutions of higher learning (universities, colleges and technical institutes) . On-site faculty development workshops and fellowship training programs may also be provided as part of the organization's purpose. - - 1 155 1 -� PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE XI NON -- CQNFORMITIE$ SECTION 11.9c) ISSUE: In the administration of zoning/building permits during the last 4-5 years, the Planning Department staff has interpreted Section 11.9c of the Zoning Ordinance to allow for replacement of mobile homes where such a unit constitutes a second principal structure on one lot, unless the unit had been removed from the lot for a period greater than six months. The section of the ordinance which regulates the number of principal uses on a lot is Section 6.3.1 which states: It is the express- intent of this ordinance to regulate the number of principal structures constructed on each lot within Orange County. There shall be only one single family residence per lot . . . . A The staff interpretation that Section 11.9c) would apply to the replacement of mobile homes which violated Section 6.3.1 is incorrect. The Ordinance specifically addresses the replacement of non- conforming uses in Section 11.9d) . The only exception is Section 11.9d) which specifically addresses the replacement of mobile homes in a mobile home park. Staff is no longer issuing building/zoning permits for the replacement of these non-conforming mobile homes. However, staff would like to pursue amendment of the Ordinance to specifically allow this action. At issue is whether the intent of the non-conforming provisions to bring such situations into compliance with the Ordinance over time should be reconsidered given the nature of this housing type and the flexibility it provides in upgrading and/or replacement of such units. EXISTING ORDINANCE: 11.9 Non-Conforming Uses of )Major Structures, Or $truQt- urs and Premises in Combination Non-conforming use of structures with a value higher than in 11.8 above, or of such structures and premises in combination, may be continued, provided: 4, 2 156 a) Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district, in which located, except as provided in b) below. b) A non-conforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building or any additional building not used for such non- conforming use at the time that non-conforming status was established. c) If a non-conforming use ceases for more than one hundred eighty days in any two year period, subsequent use shall conform to the regulations of the district in which located. d) Individual mobile homes within mobile home parks, non-conforming under this section; may be replaced with other individual mobile homes or dwelling units provided that the total number of units does not exceed the number existing at the time that the mobile home park became non-conforming. PROPOSED ZONING ORDINANCE AMENDMENT: ADD 11.9e) Individual mobile homes not located within mobile home parks may be replaced with other individual mobile homes or dwelling units. 157 PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE VI APPLICATION OP DIPIENSIOML REOU3REMENTS, SECTION 6.16.6 tz I „I • k I _ k ACCESSORY USE ARTICLE XXII PEFINITXQNS ISSUE: In the administration of the home occupation provisions of the Zoning Ordinance questions have been raised regarding the intent of the section which specifically addresses the product of the home-occupation. Section 6.16.6.1 d) and 6.16.2c) restrict home occupations as follows: "The on- premise sale and delivery of goods, which are not the product of the home occupation is prohibited." Although staff has interpreted this provision to allow only goods produced on the premises, the intent is not clear. Nor does the provision address retail products sold on-premises which are associated with the home occupation, for example a beauty parlor which sells hair products. EXISTING ORDINANCE: SECTION 6.16.1 d) and SECTION 6.16.2 c) The on-premise sale of goods which are not the product of the home occupation is prohibited. PROPOSED ZONING ORDINANCE AMENDMENT: Revise to read: The on-premise& sale and delivery of goods which are not produced 011 the premises is prohibited, except in the case, of the delivery and sale of goods incidental to the pgovisionof, a service. Add to Article XXII DEFINITIONS: Goods. Incidental. Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. beautician selling hair care products. 15 PROPOSED ZONING ORDINANCE TEXT AMENDMENTS ARTICLE V . ; YEk * " 01 ARTICLE VI L..— 4 • 0 a ,i_Ek ARTICLE VII DEVELOPMENT ISSUE: The Zoning Ordinance requirements for minimum lot size generally refers to square footage versus acreage. The recently approved Ordinance amendments for the watershed districts reference, minimum lot size requirements by acreage. Staff feels that the reference should be to square footage to facilitate lot size calculations and to provide consistency throughout the ordinance. Staff also wishes to correct the dimensional requirements indicated in the Schedules for Residential and Non-Residential Development. EXISTING ORDINANCE: SECTION 6.23.5 Minimum Lot Size Regulated The minimum lot size for a commercial use in the Protected Watershed District shall be two (2) acres. The minimum lot size for an industrial use shall be five (5) acres. The minimum residential lot size shall be determined by the wastewater treatment system applicable. SECTION 6.24.1 Minimum Lot Size Regulated The minimum residential lot size in Water Quality Crtical Areas shall be two (2) acres. Commercial and industrial uses are not permitted. SECTION 7.19.1 Minimum Area Required Fer Establishment of Distric- t. No such district shall be established with a net land area of less than five (5) acres. SECTION 5.1.2 SEE TABLE PROPOSED ZONING ORDINANCE AMENDMENT: Revise Section 6.23.5 Minimum Let Size Regulated to read: The minimum lot size for a commercial use in the Protected Watershed District shall be 80.000 square feet. The minimum lot size for an industrial use • 159 2 shall be 21/141100 Bausuefrat Revise Section 6.24.1 Minimum Lot Size Regulated to read: The minimum residential lot size in Water Quality Critical Areas shall be 80A011....squarg_leet. Revise Section 7.19.1 ffinjmum_areaRequizegijoz Establishment of District to read: No such district shall be established with a net land area of less than 200.000 square feet. Revise Section 5.1.2 to provide for a minimum lot area of 2.0419J0 JilauaLe_leet for the ?WI district. 160 1 PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE XX, PEFXNITIONS ISSUE:. In a letter dated August 16, 1984 to the Orange County Board of Commissioners from Geoffrey Gledhill (see Adopted Policies of the Orange County Planning Board, March 22, 1985) the County Attorney advised that the definitions of gfarming and "bonafide farm" not be defined in the ordinance unless Orange County receives express statutory authority to define those terms. EXISTING ORDINANCE: FARMING The use of land primarily for one or more of the following: The production in the open of cash grains, field crops, vegetables, melons, fruits, berries and nuts. The raising or keeping of general livestock and poultry for the sale of such livestock and poultry for the products thereof or the breeding of such livestock and poultry. Farming includes any buildings or structures which are customarily incidental or subordinate to the farming activities listed above, including residences for the owners, operators or employees of the farm and their families. General livestock, and poultry includes those animals involved which are customarily and traditionally raised on farms, such as beef and dairy cattle, hogs, sheep, goats, rabbits and horses, mules, ponies, chickens, turkeys, ducks, and geese for the purpose listed above. Farming does not include agricultural services and processing, avocations' farming, specialized commercial horticulture, and specialized commercial animal husbandry. FARM. BONAFIDE The use of land for farming meeting one of the following criteria: (1) composing two or more acres on one or more tracts owned or leased by the bonafide farm unit; ggiilig z 161 2 (2) average annual sales of $1,000 for the preceeding three years; or a minimum of twenty acres of forest land for which a management plan has been prepared. EARNING DEFINITIONS (See Farming, Avocational Farming, Specialized Horticulture, Specialized Animal Husbandry, Commercial Feeder Operation, etc.) PROPOSED ZONING ORDINANCE AMENDMENT: Delete the definition of "Farming" Delete the definition of °Farm, Bonafide" Revise the definition of "Farming Definitions" to delete reference to "Farming". • ,40 jOr Imo, /, ,4 // ', vT0r01•4 . 4.-,.----; - ,,,,,,Iii,../.... ,,- .............._-- ..---..- 4, ..kr,-.. I , , 0%_--il „. ,..1 _ ,. ,_, .1...--,--,100iiiiiileA_. i ........„, ....., - ..,. _ AA _ - i I lop . r r 1 Jolt. 1IPI s v, s O 41001r if 0,14! IIIII it u_- / ,'l+ ao Allk it / ` l' ''se / .. ' i WI . '‘-'41 1111111. r Y 1111110 — II A.-. OW iiiiilli 1 1 s � .- r w i mwiipill_M _ _ 1 iiiiiiiiiii111.11 : illiiiii..441111MowriPll 1 ino . ,' � illi'-- - , i 1 NIRO -IV . 1 11°Irr.. .' 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I i •, , r I , J. 19 fi)vytm&A, 0,.1.2'"/6 • r �L . i 002 ORANGE COUNTY BOARD OP COMMISSIONERS Action Agenda 1 ACTION AGFZIDA. ITEM ABSTRACT ItemNb. Z 1 MEETING DATE June 3, 1985 . . Subject: APPOINTMENTS Department: Board of Commissioners 1 Public Hearing: yes -X IELJ AttaChnent s : Information Contact: UNDER SEPARATE COVER Beverly Blythe Phone Number: 732-8181, 968-4501 or 227-0321 PURPCSE: To maintain membership at effective levels on Commissioners' appointed Boards. NEED: The following vacancies are announced for the first time for information only: Ar-1 - ABC BOARD - 2 vacancies (expiration of terms for Caleb Moore and. Sharlene Pilkey. A75 ECONOMIC DEVELOPMENT COMMISSION - 3 vacancies (expiration of terms for • . . John McKee, Harold Thornton and Norman Weatherly.) i - A-7 - JURY COMMISSION - 3 vacancies (expiration of terms for Mary H. Copeland, Ruth Long and Michael Culpepper.) A-8 - OWASA BOARD OF DIRECTORS - 1-vacancy 17.1 (expiration of term. for Edward Mann, • A-9 ORANGE COUNTY LIBRARY BOARD OF TRUSTEES - 1 vacancy (expiration of term 1 ... for Helen Heriford.) A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy (expiration of term for Lorraine Parker. ) ii. E-1 - BOARD OF HEALTH - 3 vacancies (expiration of terms for Ann Woodward, Rosetta Moore and Emil Chanlett. ) Pe-4 - ORANGE COUNTY SENIOR CITIZENS BOARD - 1 vacancy (expiration of term for Arthur Whitted.) P . B-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 2 vacancies (expiration of terms for Adele Thomas and Mary Warren. ) C-3 - CHAPEL RILL BOARD OF ADJUSTMENT - 3 vacancies (expiration of terms for James Bullard, Velverton Land and Edward White. - - C-4 - tl ' 'Di HILL PLANNING BOARD - 2 vacancies (expiration of terms for Don Fransico and Julian Raney. • C-7 - ORANGE COUNTY BOARD OF ADJUSTMENT - 1 vacancy for an alternate. William Bunch, alternate, was appointed as a full member. aoa PAGE 2 - APPOINTMENTS The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. All vacancies have been duly advertised. - COMMISSION FOR WOMEN - 2 vacancies; no resumes have been received. A7-6 - INDUSTRIAL DEVELOPMENT REVENUE BOND AUTHORITY - 3 vacancies; no new resumes have been received. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 2 vacancies; no resumes have been received. Ar14 - SECONDARY ROAD IMPROVEMENT ADVISORY COMMITTEE - 1 vacancy; I resume has been received. B-1 - BOARD OF HEALTH - 1 vacancy; no resumes have been received. - ORANGE COUNTY SENIOR CITIZENS BOARD - 1 vacancy;; 1 resume is on file. B-5 - DONICILIART ROME ADVISORY commarm - 1 vacancy; l_resume has. . been received. • B-11 - SOLID WASTE TASK FORCE - 1 new resume has been received. B-15 - SCHOOL MERGER STUDY COMMISSION 18 resumes have been received. REGION J EMS COUNCIL - 1 vacancy; no resumes have been received i IMPACT: To maintain 100% membership on Commissioners' appointed Boards and Commissions. RECOMMENDATION: As the Board decides. 1, .. .. 111( 4L COUNTY . . • • - . • BOARD OF COMMISSIONERS ' - 0 0 4 ACTI ON AGENDA - .- ACTION AGENDA ITEM ABSTRACT - ITEM NO.6-/ • MEETING DATE June 3 , 1985 — • - . • . . . . • • - . - • • SUBJECT: Orange County Personnel Ordinance - - • - - . . . . • • . .' . . . YES tiO DEPARTMENT: County Manager/Personnel PUBLIC HEARING: . • • . . .. .. . .'. - - . . • ATTACHMENT(S): . - INFORMATION CONTACT:. KR. Thompson BM Whitehead . . . . • ' . --. PHONE NUMBERS: HILLSBOROUGH - 732-8181 YES ..' .HILLSBOROUGH -.732-9351 -• -- - CHAPEL HILL - 967-9251 . • . .. . - . ' MEBANE - 227-2031 • - - . • • • . - . : • • . _ . . . . .. . ' DURHAM - 688-7331 . • - . . • . . . - - . •. . PURPOSE: To ,provide for the Board of Commissioners an update on the requested revisions/clarifications to the Proposed Rersonnel. Ordinanc.e..• • . --• - : • • • . • -. - . , - - - . „ •• .. . - • . -. .. _ . . . - . • - . - . - - • • . • .. • . . -. . .. . _ ....„ • . .- • . •, „ • . . . .. •, , . • . . , • • • ... „. • ' •. - • • „- . . . • , •-- . . • . . , . . - ' ' • • - . . • , - • . . . •• . - . - • • . . . . . NEED: . The first draft of the proposed Ordinance,was presented to the . . .• Board of Commissioners.; the--last.- of January . The _Board requ.este'd.. ... -. :... .. , that a ev'er'ar sections of the-Ord i'n•-ano e be .-ch,a,•hged ..an.d./Or-..6•32ar::•.it`j.e(5*.:•. '- ... . - . . , - -- - Attached• is a list, - by Article ,. by Sections` of the rebb-mmendell 're'VisIons-.-., . . • - . . • • . . . . . . . . ... . • . . , . • - . . • • . . . . • - „ „ - . .. • . . . . .. - . . . . - , ''' • • - .- • - . • . . . . . , . •._ .• • - . . . . . , .. . - ' . . . • . . .. • ... . , „ _ . : . . ' .-. . . • _ • • - - . . . . IMPACT: Several sections of the proposed- Ordinance,. if. adopted , will impact ' * • the 1985-86 BUdget. Specifically, they include: overtime -compensat ,on„. . .- in accordance with the Fair Labor Standards Aot; Merit Pay;••e)itensiOn--.• ...- • • of health insurance benefit to retirees at the County' s 'expense:. • . . • - ' and the provision of training county-wide. - . . . . - • • • . .. , . . • • . . . . . . . . . RECOMMENDATI ON(S): To establish, a date for the Board of Commissioners to • consider adoption of the Proposed Personnel Ordinance. . . . . . . . . 0 0 E REVISIONS/CLARIFICATIONS 1 ARTICLE I Section 2.4 page (1) The effective date of this section will be determined by the State as that entity must grant approval for the departments of Social Services and Public Health to be subject to local personnel policies. Provided herein is an excerpt from the State Personnel Code which grants a local governing board the authority to request state approval. The board of county commissioners of any county which shall establish and maintain a personnel system or system portion for all employees of the county subject to its jurisdiction, which system or portion is found from time to time by the State Personnel Commission to be substantially equivalent to the system established under Chapter 126 for employees of local • social service departments, public health departments, mental health centers and local civil preparedness offices, may include employees of these local agencies within the terms of such system. Employees covered by that system or system portion shall be exempt from the provisions of Chapter 126. The basic requirements for a "Substantially Equivalent" Personnel System are stated below. Merit Principle I: Recruitment, Selection & Advancement General Requirement. Recruiting, selecting and advancing employees will be on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment. (A) RECRUITMENT (1) Requirement. There must be a planned and organized recruiting program, carried out in a manner that assures open competition. (2) Requirement. Special emphasis will be placed on efforts to attract minorities, women the handicapped, or other groups that are substantially underrepresented in the jurisdiction work force to help assure they will be among the candidates from whom appointments are made. (B) SELECTION (1) Requirement. The selection of applicants for vacant positions will be through open competition. (2) Reauirement. Selection procedures will be job related and will be in accord with the stipulations, validity, reliability, and objectivity of the Uniform Guidelines on Employee Selection Procedures (1978) (Federal). 00E (3) Requirement. Job related minimum requirements for entrance to a class will be established wherever practical, and will be met by all candidates examined, appointed or promoted. (4) Requirement. Prior to receiving a permanent appointment, — — each employee will satisfactorily complete a reasonable, time limited probationary period. (C) CAREER ADVANCEMENT ReqUirement. Policies and programs affecting and effecting promotions will consider all eligible employees within the jurisdiction and adequately assure that all persons promoted are qualified. Merit Principle II: Classification/Compensation General Requirement. A current, equitable, and adequate position classification and compensation plan will be provided. (A) POSITION CLASSIFICATION (1) Requirement. Job Evaluation (syn classification) plans will be based upon a soundly applied, professionally accepted job evaluation methodology which establishes the relative strength of related positions through consideration of the difficulty, responsibility, and other requirements of the work. System components and all relationships determined along with accompanying rationale will be fully documented. (B) COMPENSATION (1) Requirement. The compensation plan will, within labor market constraints, have as its principal basis the class relationships (syn. skill level relationships, job relationships, work level relationship, etc.) discerned by the classification process. (2) ReRuirement. Within the limits of -.local financial ability and fiscal policy, the level of compensation assigned to each class of the plan will, in conjunction with (1) above, adequately consider the competitive labor market within the geographical area of recruitment. (3) Revirement. Logical and equitable practices will be est- ablished which guide salary administration in positions and employee actions within the jurisdiction. 007 Merit Principle III: Training General Resuirement. Employees will be trained as needed to assure hiet quality performance. Merit Principle IV: Performance As Basis For Continued Ft lo ent/ Reduction In Force General Repuirement. Employee will be continued in good standing as long as they sustain satisfactory performance. Attempts will be made with employees to improve inadequate performance, and provisions will be made for separating employees whose inadequate performance cannot be corrected. (A) EMPLOYEE PERFORMANCE (1) Requirement. Employees who have acquired permanent status will not be discharged, suspended, or reduced in pay or position except fro just cause. (2) Requirement. Policies will be developed which provide for fair and uniform procedures for demotion, transfer, suspension, or dismissal of employees whose performance continues to be inadequate after reasonable efforts have been made to correct it. Such policies shall specifically provide that in the case of such disciplinary action, the employee will, before the action is taken, be given a statement in writing setting forth in numerical order the specific acts or omissions that are the reason for the disciplinary action, and the employee's appeal rights. A copy of this statement shall be filed with the County Personnel Director. (B) REDUCTION-IN-FORCE Requirement. Retention of employees in selected separations due to curtailment of work or lack of funds will be based upon systematic consideration of type of appointment and other relevant factors which consider employee contribution. (C) APPEALS - (1) Requirement. Generally, in the event of disciplinary action, suspension, and dismissal, the county will provide permanent employees with the right to appeal through a timely and impartial process, the results of which may be recommendatory to or enforceable upon the appointing authority. The grievance procedure shall also give access to employees with non- disciplinary grievances which do not involve issues of in- herent management prerogative, such as budgets, and hours and conditions of work. Appeals of alleged discrimination in any personnel action on the basis of race, color, religion, sex, national origin, political affiliation, age or handicap by any applicant or employee will result in timely, enforceable decisions. 00E (2) Requirement. To assure impartiality, the County Boarl of Commissioners will create a County Personnel • Commission, which among other areas of responsibility and authority that may be assigned, will hear and decide all appeals. The authority of the County Personnel Commission for effecting its decisions shall be in accord- ance with the provisions of (1) above. The membership of the Commission will consist of persons appointed by the Board of County Commissioners with due regard to its nature and purpose, with the stipulation that at least one member be chosen to represent the employees of the county. Such appointments will not include the county manager, county attorney, incumbent county commissioners, department heads, or their family members of relatives. (3) Requirement. The County Personnel Commission will have access in its meetings and deliberations, to the counsel • of a private attorney, not associated or engaged pro- fessionally in any transaction of the county. (4) Requirement. The County Personnel Commission will have The power to subpoena witnesses, principals, or other parties relevant to a fair and objective pursuit of an equitable decision. (5) Requirement. Proceddings before the Commission shall be recorded. At its discretion, the Commission may furnish a transcript of the recording or a copy of the recording upon request. Decisions of the Commission shall be in writing and maintained by the Commission. (6) Requirement. An impartial grievance procedure which has as its objective the timely and logical resolution of all grievances at the lowest practical point in the organization shall be established, with right of appeal assured at each step up to the County Personnel Commission. To the maximum extent possible, grievance procedures will include steps to resolve discrimination and all other types of employee grievances without recourse to the formal appeals process represented by the County Personnel Commission. Merit Principle V: Equal Employment Opportunity/Affirmative Action General Requirement. Fair treatment of applicants and employees will be assured in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, age, or handicap and with proper regard for their privacy and constitutional rights as citizens. This "fair treatment" principle includes compliance with the Federal equal employment opportunity and nondiscrimination laws. (A) EQUAL EMPLOYMENT OPPORTUNITY (1). Resuirement. Equal employment opportunity will be assured for all persons. OC 0 (2) ReRuirement. Prohibitions against discrimination consistent with the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 as amended, the Rehabilitation Act of 1973 as amended, and other relevant statutes will be established and enforced. (3) Requirement. Retaliation against those who protest alleged discrimination shall be prohibited. B. AFFIRMATIVE ACTION (1) ReRuirement. The governing body will adopt a written EEO/AA policy which clearly outlines the governing body's intent, actions and commitment in regard to EEO and AA. This policy statement shall ensure greater utilization of all persons by identifying perviously underutilized groups in the work force, such as women, minorities and the handicapped, and making special efforts toward their recruitment, selection, appointment, promotion, development and upward mobility. (2) Requirement. The jurisdiction shall develop and implement a continuing program of Affirmative Action in order to assure that all personnel policies and practices relevant to total employment in the jurisdiction will guarantee equal opportunity for all persons. Also, sufficient resources should be devoted to adequately implement an Affirmative Action program. (3) ReRuirement. Management and supervisory personnel must be held accountable for progress toward affirmative action goals in appropriate circumstances. C. EMPLOYEE RELATIONS (1) Requirement. Personnel administration within the jurisdiction will conscientiously recognize the dignity and value of the individual employee and promote means of communications, participation and understanding among all employees. Merit Principle VI: Political Activity General Requirement. Employees will be protected against coercion for partisan political purposes, and will be prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. • 01C The procedure for making application to the State for Substantial Equivalency in one or more areas includes: resolution by the Board of Commissioners making known • its desire for a delegation of authority to operate an autonomous system of person- nel administration, or portion of a system; and documentation as designated by the State Personnel Commission. The review, conducted by Office of State Personnel - Local Government Coordinator, will have as its purpose the following considerations: (1) The resolve and commitment of the governing board. (2) The overall extent to which-the proposed personnel system, or system portion may be viewed as "substantially equivalent" in concept and substance to that of the State. (3) The staffing of the personnel function as it relates to the capability of the jurisdiction to successfully administer and maintain the system or portion proposed. (4) The adequacy of provisions and strategies which will assure the con- tinued currency and responsiveness of an individual portion or the several portions of the overall system. (5) Other factors and considerations that might have a strong direct or indirect bearing on the jurisdiction's success in assuring the efficacy of the proposed system or system portion. • If the Board is in agreement with pursuing this action, I will prepare a resolution accordingly. ARTICLE I Section 9.0 page (7) • This section was revised, at the request of the Attorney, to delete exact language of the General Statutes. 011 REVISIONS/CLARIFICATIONS ARTICLE II — — Section 3.2.2 page (16) Deleted the following words: or otherwise closely identified with each other so as to suggest difficulties. Section 4.2 page (16) Added specific time period for a temporary appointment. Section 5.3.1 page (19) Section revised to establish a six month probationary period for all euployees. Current ordinance requires that law enforcement personnel serve a twelve month probationary period. The Sheriff concurs with the requested change. Section 5.3.5 page (19) Added a maximum time limit for an employee to remain on probationary status. Current ordinance does not set forth specific time parametus, resulting in employees, through no fault of the own, remaining on probation for an in- ordinate length of time Section 5.3.10 page (21) This section was added as an outgrowth of a change in State policy and the County's commitment to EEO/AA. Briefly, this will allow Orange County to hire handicapped persons on a trial basis which will provide an opportunity for the employee to demonstrate their ability to perform the job. REVISIONS/CLARIFICATIONS 012 ARTICLE III Section 2.4 page (23) Revised from the first draft to set forth a three hour notification requirement for Emergency Management Services and all Law Enforcement Personnel. Section 3.0 - 3.7 pages (24, 25, 26) As a result of recent court action, state and local governments are now subject to the Fair Labor Standards Act. These sections have been revised according to FLSA as it reads to date. The Department of Labor has not released new/revised changes. Therefore, be advised that we may have to amend the ordinance at a later date if the application to local governments significently change. Briefly, the changes from the 1st draft of the Ordinance include: (1) Time off for overtime worked must be taken within the same pay period that it is earned or be paid for it 1 (2) New record-keeping requirements. (3) Overtime work is all work performed by the employee which exceeds the workweek. Henceforth, participation in official out-of-town business, and required training is "time worked" for the purpose of computing overtime. (See Article III, Section 9.5 page (36) for specific re- ference) Section 6.0 - 6.2 pages (28, 29, 30) This section has been expanded to incorporate the State's policy on political activity which better clarifies this issue. Briefly the changes include: (1) List of political officies that an employee may hold. (2) Employees are no longer permitted to post any written material re- lated to national, state or local political party or candidate in or on County-owned or County-leased property. (3) Employees may not wear or display badges, buttons, or other emblems related to a national, State, or local political party or candidate while on duty or during any period of time during the performance of services for the County. (4) Specific procedural steps are outlined regarding an employee's notice of intended candidacy for partisan elective office or appointment to a vacancy in a partisan elective office. (5) The County Manager has the right to determine whether candidacy for and service in a public elective or appointive office might have an adverse effect on the employment relationship and/or create a conflict of interest. 1.3 Section 8.5 page (33) The 1st draft required that the County Manager approve all materials to be posted on departmental bullentin boards. It is now recommended that the department head function as the approval authority rather than the Manager. Section 8.14 page (34) Section added outlining a seperate grievance procedure for employees subjected to sexual harassment. Section 9.2.3 page (35) Current ordinance does not specify a mileage requirement for reimbursement of overnight living expenses. This section sets forth a minimum of 40 miles from the employees workplace in order for the employee to be reimbursed. Section 9.5 page (35) Previously discussed in clarification on the Fair Labor Standards Act requirements (Article III, Section 3.0) REVISIONS/CLARIFICATIONS 014 ARTICLE IV - - Section 6.15 page (42) This section was revised to allow a maximum of twelve sick leave days to be extended to an employee as an additional benefit in case of hardship. Section 7.2 page (42) This section was revised to require that an employee must have ten or more years of service with Orange County to receive the benefit of County-paid individual health insurance. Attached is a copy of cost projections for this benefit. . • 015 REVISIWIS/CLARIFICATIONS ARTICLE V • Section 7.0 page (57) Sets forth a policy for merit pay in the County. Section 17.0 page (59) This section was revised to set forth a policy of no advance of salary. • • REVISIONS/CLARIFICATIONS 01( ARTICLE IX Section 4.1 - 4.5.7 pages (68 - 73). This section was expanded to better clarify the County's disciplinary process. Briefly the additions/changes include: (1) Progressive warnings do not-have to relate to the same type of un- satisfactory performance; however, they must all relate to job performance. (2) Specific guidelines to be used in exercising disciplinary action. (3) Department Head may request the employee take up to a day's leave with pay to consider whether or not the employee wishes to make a commitment to improve performance. (4) No longer can the County suspend an employee, pending the resolution of a civil or criminal court matter, for the purpose of delaying an administrative decision on an employee's work status. The additions/changes reflected in this section incorporate new State policy. Section 5.0 page (74) This section was added to make it mandatory that employees in positions that require licensure and/or certification by law, maintain current and valid credentials. Failure to do so may result in immediate dismissal without prior warning. . ! . . . - ' ORANGE COUNTY - .• • . . • . . . BOARD OF 'COMMISSIONERS * . 017 ACTION AGENDA . . . • - ACTION AGENDA ITEM ABSTRACT ' ITEM NO.eaj. : MEETING DATE :JUNE 1, 1985 ' • . . . . • • • . . . . . . . . . . . . . . . . SUBJECT: IMPACT OF THE FAIR LABOR STANDARDS ACT . . . • . . . • . - . . . . . . . - • -- -_-_-- • 1 DEPARTMENT: PERSONNEL „ . ' - .1 PUBLIC HEARING: YES x NO . - . • .............---.47.--- • . . . • • • . - ' • • - . . . ------ . - T-- ATTACHMENT(S): . . INFORMATION COigTACT: B.m. WHITEHEAD ••• • • - • • • • : . . . --.. ' - ... '-•' . PHONE NUMBERS: HILLSBOROUGH - 732-B181 • . . . -- - , • .HILLSBOROUGH -.732-9361 " -. '• . . .. •: • - . . " . _ . . . . . - . • . • - •:. . - - - CHAPEL HILL - 967-9251 -- .- • . . , . . . . - MEBANE - 227-2031 . • . - . - - -.. • - ' • DURHAM - 688-7331 . . . • • - • .. . • - . • . . . PURPOSE: TO.ADVISETHE BOARD OF COMMISSIONERS OF THE POTENTIAL IMPACT OF FLSA ON . . - . . ORANGE COUNTY, AND OUR PLAN-OF* ACTIONTORESM&ACCORDINGLY. : . .. . . • . - . .. . . ,. . *. NEED: RECENTSUPREME.:COURT ACTION HAS CAUSED GOVERNMENTAL ..JURISDICTIONS IN THg'STATE TO REASSESS THEIR PERSONNEL POLICIES AND PRACTICES AS THEY RELATE TO FEDERAL MINIMUM WAGE AND OVERTIME vitavilioNs... ., :: -- . : ',•;,', %.:, - • . . - : .. - . - . . ' ,.,...:. . - ..--. - . . ..---'IN 1974, CONGRESS AMENDED THE FAIR LABOR STANDARDS Agri() quirE.i*sTATE;:coWNTy,.„.:- AND CITY EMPLOYEES:. ''', ' '''. ', • - . .- . . . . - IN 1976, THE SUPREMECOURT.IN NATIONAL LEAGUE OF CITIES VS USERY-PROHIBITED-,-'' -: .- • THE APPLICATION OF THE FLEA TO STATE AND LOPAL. GOVERNMENT EMPLOYEES, RULING pia THE TENTH AMENDMENT PRECLUDED CONGRESS:FROMENACTING-LAWS ON THE....BASIS:OF.: ., .. -- • - • , - . ..:,.„:::::::;;..f.::::- . • :. THE COMMERCE HI CLAUSE wryw:Em.4(1.7.4g.414-PLOKL:.•144aT90:..R!..igt.gA ..-.:...i.%:::11, ,- ..... - ,..'.:?:::-..._ .... • : OF:TRADITIONAL'GOVERNMENT.; FUNCTIONS. • ' •-•-,'•-;:*•--•.''';',. .- • '- ''..-..--: .c- ....-"'::,-..;:-.4'••jr.„'-.• -- -•;:•:,•`....':::::.:::.-1 * ..• •• • • . -' IN FEBRUARY, 1985 THE SUPREME COURT REVERSED ITS 1946 DECISION•IN:THE.:-...cASE OF::.:•:--'11 GARCIA VS. 'SAN .ANTONIO METRO TRANSIT AUTHORITY; AS A RESULT STATE:AND•LOCAL_ ..-. .•:- . ".-, •- • GOVERNMENT EMPLOYEES ARE AGAIN SUBJECT TO.THE:FLSA. : .- : •, ,. . . - .: % ... " ' .......::...-: AT THIS POINT THE UNITED-STATES,DEPARTMENT OF LABOR HAS'NOT'ISSUED 'ANY:.WRITTENINTERPRE- TATION OF THE DECISION_ OR ITS ENFORCEMENT POLICY WITH RESPECT TO STATE AND LOCAL GOVERN--- .- .... .., -ImENTS.H014EVER, THIS DOES NOT PRECLUDE GOVERNMENTAL JURISDICTIONS FROM BEING SUED FOR NON'' . .. . ,-.'.,i.l..:.....,COMPLIANCE TO.FLSA. :THEREFORE, IX:THE.ABSENCE.0F WRITTEN.DIRgOlYESEAQM. DOL, WE HAVE ' .......:*: TAKEN SOME MEASURES TO ASSURE THAT, AT A MINIMUM, WEARE.OPERATING.IN COMPLIANCE WITH THE .. - ..- LAW AS IT STANDS TODAY. TO THAT END WE HAVE: - ASSESSED THE IMPACT OF THE CURRENT PROVISIONS AND ACCOMPANYING pat:IiiREbTIVE5.. ON OUR WORKFORCE FOR:BOTH' COMPLIANCE, NONCOMPLIANCE, AND FUNDS IT WOULD TAKE , ,- . '-' • ' • ' - • -• TO GET INTO-COMPLIANCE. - • -... - - RECOMMENDED FUNDS IN THE FY 85-86 BUDGET TO:PAY'OVERTIME-IN THOSE -AREAS THAT :-.. . • • . . !, . . . SCHEDULING- CHANGES CANNOT ELIMINATE THE NEED FOR OVERTIME. - : - PLANNED FOR IMPLEMENTATION OF ALL CURRENT PROVISIONS. OF THE FL$A, INCLUDING . • •-•... . - . . .. - RECORD-KEEPING, SCHEDULE CHANGES AND/OR ADJUSTMENTS, AND UPDATED THE PROPOSED . • . . . PERSONNEL ORDINANCE TO REFLECT COMPLIANCE TO ELSA. ' . . . . - -. IMPACT: THE MOST SEVERE IMPACT OF FLSA WILL BE EXPERIENCED...IN-THE DEPARTMENTS OF PUBLIC -. -- • WORKS, EMERGENCY MANAGEMENT SERVICES AND THE SHERIFF'S OFFICE. OVERTIME FUNDS HAVE BEEN 1 • INCORPORATED IN THE MANAGER'S RECOMMENDED BUDGET. HOWEVER, AS NEW INFORMATION.BECOMES- . . AVAILABLE, ADDITIONAL FUNDS MAY BE NEEDED TO ASSURE COMPLIANCE WITH FLEA. • - - . • . . * . . . . ' . • .. . . . . . , . . - - - . . . . . _ . . . • . - • • . • . . . . OUV ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June ), 1985 Action Agenda Item EL- / SUBJECT: V PRELIMINARY ASSESSMENT RESOLUTION-RENFREW DRIVE, MCDERMOTT DRIVE (PORTION) , BRIGADOON DRIVE (PORTION) DEPARTMENT: PLANNING PUBLIC BEARING x_Yes No Attachment(s) Information Contact: SUSAN SMITH a) PRELIMINARY ASSESSMENT RESOLUTION b) FINAL ASSESSMENT RESOLUTION V Telephone Numbers c) CERTIFICATE OF MAILING HillsboroUgh - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Bill - 968-4501 PURPOSE: To obtain public comment on the Preliminary Assessment Resolution approved by the Board of Commissioners on May 21 , 1985 and to take action on the adoption of the Final Assessment resolution for Renfrew, McDermott (portion) and Brigadoon (portion) Drives. To schedule the public hearing on the Preliminary Assessment Roll for June 18, 1985. NEED: To fulfill the legal requirements for the program. . Public input on the assessment basis of an equal amount per foot as described in the Preliminary and Final Assessment Resolutions is required. The Clerk to the Board has filed a Certificate of Mailing which will certify that the notices of this public hearing were mailed on or before May 25, 1985 to each property owner subject to assessment. The Certificate of Mailing is an attachment to this item. To provide for continuation of the Participatory Paving Program procedures for this project. IMPACT: If the Board finds the Preliminary Assessment Resolution satisfactory then the Board can, by subsequent action, adopt the Final Assessment Resolution for the project. Upon adoption of the Final Assessment Resolution, the Preliminary Assessment Roll can,be prepared and a public hearing set to obtain public comment on the Roll . In addition, the Department of Transportation can be forwarded the local share of the construction cost of the project with an anticipated paving date during the summer/fall of 1985. ( 0 1 E PRELIMINARY ASSESSMENT RESOLUTION RENFREW DRIVE, MCDERMOTT DRIVE (PORTION) , BRIGADOON DRIVE (PORTION) PAGE TWO JUNE 3, 1985 RECOMMENDATION: Adopt the Final Assessment Resolution for Renfrew, McDermott (portion) and Brigadoon (portion) Drives. Accept the Certificate of Mailing offered by the Clerk to the Board and attached to this agenda item. Schedule the public hearing on the Preliminary Assessment Roll for June 18, 1985. 02C A meeting of the Board of Commissioners of Orange County, North Carolina, was held in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular p l a c e of meeting at 730 o'clock p.m., on the 21st day of May, 1985. , Present: Absent: ************************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #1590, ALSO KNOWN AS RENFREW DRIVE, BRIGADOON DRIVE (PORTION ONLY) , AND MCDERMOTT DRIVE (PORTION ONLY) , IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only), and McDermott Drive (portion only) , in Eno Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which Property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section I53A-205(c) ; and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, -1- • 021 as permitted by North Carolina General Statutes Section 153A-7135(4) and as provided for in North Carolina General Statute Section I53A-205; IT IS HEREBY RESOLVED THAT: I. Orange County shall undertake financing of the local share of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only), and McDermott Drive (portion only) , in Eno Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-four and two tenths percent (34.2%) of the total project cost. 4. No assessments of this project will, be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. • Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the • remaining •installments, with interest, due on the same date • • in each successive year until the assessment is paid in -2- 022 full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 3rd day of June, 1985, at 7:30 o'clock p.m., during the regular meeting of the Board of Commissioners of Orange County, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than Ten (10) days prior to June 3, 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: 1,146.7 LOT NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD 4t1590, ALSO KNOWN AS RENFREW DRIVE, BRIGADOON DRIVE (PORTION ONLY) , AND MCDERMOTT DRIVE (PORTION ONLY) , IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road 40590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only) , in -3- 022, Eno Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to * the basis set out in number 2 above which local share represents approximately thirty-four and two tenths percent (34.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 3rd day of June, 3985, in Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. -4- 024 At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 21st day of May, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (313) days prior to June 3, 1985. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 24th day of May, 3985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1590, also known as Renfrew Drive, Erigadoon Drive (portion only) , and McDermott Drive (portion only) , in Eno Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. -5- 02Fs WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 24th day of May, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina VEAIL) This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resultion was passed by the following vote: Ayes: Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 21st day of May, 1985, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only) , in Eno Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book WITNESS my hand and the offical seal of said Board, this the 21st day of May, 1985. -6- 02€ BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -7- 02! A meeting of the Board of Commissioners for Orange County, North Carolina, was held at , North Carolina, the regular place of meeting at . o'clock .m., on , 1985. Present: • Absent: ************************************************************************** The following resolution was read to the Board: FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD #1590, ALSO KNOWN AS RENFREW DRIVE, BRIGADOON DRIVE (PORTION ONLY) , AND MCDERMOTT DRIVE (PORTION ONLY) , LOCATED IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only) , located in Eno Township, Orange County, as permitted by North Carolina General Statute Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205. IT IS HEREBY RESOLVED THAT 1. Orange County shall undertake financing of the local share of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only), and McDermott Drive (portion only) , in Eno Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate -1- O2E per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-four and two tenths percent (34.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that The total project cost and the amount to be financed and assessed by Orange County is $ as follows: Local Costs Total To Be Financed Costs By Orange County construction cost $48,000.00 $15,800.00 legal services 500.00 500.00 publication costs 80.00 80.00 mailing and other 289.32 289.32 Total project cost $48,869.32 $16,669.32 -2- 44040),Vt"4- '40* The County Manager is hereby directed to prepare a preliminary assessment roll which roll shall contain a tax description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be ascertained from the County tax records. After the preliminary assessment roll is completed, it shall be filed in the office of the Clerk to the Board of Commissioners, there to be availab for public inspection until a public hearing is held on the said preliminary assessment roll. A public hearing on the preliminary assessment roll shall be held on , 1985 at .m., during the regular meeting of the Board of Commissioners of Orange County, , North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than Ten (10) days prior to 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be In ailed by first-class mail to each owner of property as Jicted on the roll, not less than Ten (10) days prior to June 3, 1985, the date set for the hearing. The notice shall be in substantially the following form: -3- • 03C NOTICE TO: (owner and property description from assessment roll) SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS' DECISION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD #1590, ALSO KNOWN AS RENFREW DRIVE, BRIGADOON DRIVE (PORTION ONLY) , AND MCDERMOTT DRIVE (PORTION ONLY) , IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a Public Hearing will be held by the Orange County Board of Commissioners on 1985 at • o'clock .m. , at the , North Carolina; to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note that the amount of assessment on the property described in this Notice is $ , as shown on the Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the preliminary assessment roll was mailed as directed using a form substantially as follows: -4 031 CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about • , 1985, I mailed, by first-class mail, postage prepaid, a Notice to each property owner of the Public Hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road 0590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only) , located in Eno Township, Orange County, North Carolina. The Notice mailed set the date and time of the Public Hearing and, also the amount of assessment on the property owned by the person to whom the Notice was sent according to the County tax records. WITNESS my ha-nd and official seal of the Board of Commissioners of Orange County, North Carolina, this the day of , 1985. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina This resolution is effective upon its passage. Thereupon, Commissioner • moved the passage of the foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: -5- 032 Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on , 1985, so far as the same relate to the Final Assessment Resolution, determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only) , located in Eno Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the day of , 1985. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 24th day of May, 1985, I mailed,- by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1590, also known as Renfrew Drive, Brigadoon Drive (portion only) , and McDermott Drive (portion only), in Eno Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 24th day of May, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina , 5/74fr (SEAL) 10( ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date JUNE 3, 1985 Action Agenda Item # 6/0 SUBJECT: CLEARWATER LAKE ROAD (SR 1918). PARTICIPATORY PAVING PROJECT DEPARTMENT: PLANNING PUBLIC HEARING Yes .J L. Attachment(s) Information Contact: SUSAN SMITH PETITION LOCATION MAP PRELIMINARY ASSESSMENT RESOLUTION Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Approval of the petition for the Clearwater Lake Road (SR 1918) participatory paving project accepted as a paving project by the Board of Commissioners on May 7, 1984. NEED: Approval of the petition is required for completion of Orange County Participatory Paving Program procedures. Clearwater Lake Road is listed on the DOT 1984-85 Secondary Road Improvements Program. The road is also listed as priority #3 in the Orange County PPP Program. 9 of 11 property owners, or 82% of the property owners, owning 9 of 11 lots have signed the petition accounting for approximately 1917 feet of frontage or 85% of the total road frontage. The petition meets the criteria for eligibility to participate in the program. IMPACT: Upon approval of the petition the assessment resolution and assessment roll can be prepared and public hearings on both items scheduled. RECOMMENDATION: Approval of petition. Adopt the Preliminary Assessment Resolution. Schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985. 101 &LEA ifiA7 LAkE RoAb „,,5scr \ A 4%.4b VIenti'8”y MAP .11A -21rg f117,1 NORTH CAROLINA 5 do, • ORANGE COUNTY PETITION FOR PAVING NORTH CAROLINA STATE ROAD #1918 ALSO KNOWN AS CLEARWATER LAKE ROAD We the undersigned, being property owners of land that will be assessed if a Final Assessment resolution is adopted • by the Board of Commissioners of Orange County Providing for the financing of the local share of the costs of paving North Carolina State road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, and assessment by Orange County of the total local share of the project, which local share is estimated to be twenty - six percent (26%) do hereby petition the Department of - Transportation to pave the above described road and do hereby petition the Orange County Board of Commissioners to finance the local share of the cost of the paving of the above described road. Tax Map, Block & Lot Number Name and Address £janature 128.C.8 Earl Walker za AK _ 200 Estes Drive Chapel Hill, NC 27514 128.C.8A Jack H. and Suellen Dean At.'..41,„ Rt. 7 Box 251E Clearwater Lane Chapel Hill, NC 27514 130.B.6 Tai-Chan Peng 10er7.1 Li-Hia Peng Rt. 7 Clearwater Lake Road Chapel Hill, NC 27514 130.8.6A Charles W. Marlow and Joseph Brugnolotti 21mIcasetim Rt. 7 ' Clearwater lake Road Chapel Hill, NC 27514 130.B.7 Masaya Koniska 461.,..,46.24g • Julie Wong - Rt. 7, Box 251-G Chapel Hill, NC 27514 130.B.7A Raymond E. Richardson 2tP Jean Richardson Rt. 7 Box 251B Chapel Hill, NC 27514 j 130.B.7B Philip Earl Walker 11 etC7 -4/ 1 v 1 / Laura Walker Rt. 7, Box 251-C Chapel Hill, NC 27514 f 130.B.7C Bruno A. Niemitz 111 ' AtarikA4111 Anna B. Niemitz eilMIAIFilMfifff...4M4111. 22 Brandon Road Chapel Hill, NC 27514 130.B.7D Stephen h. Powers - AL Michelle T. Powers Rt. 7, Box 251 A Chapel Hill, NC 27514 130.B.8 Chapel Hill/Carrboro YMCA kol ? P. O. Box 644 Chapel Hill, NC 27514 130.B.34 Arthur L. P. Brown Adia .0/ Margaret C. Brown /17MMIW0....4„.811.11040. . Rt. 7, Box 251-B Chapel Hill, NC 27514 • AT Y PLANNING DEPARTMENT 1 DANIEL E.HECI1ER 'YMCA v LLSBOROUGH ETU CAROLINA EXECUTIVE DIRECTOR 27278 980 Airport Road vow pi,0. Chapel Hill,N.C. 27514 Phone:(919) 942-5156 q. 000 May 1, 1985 Jack Dean Route 7 Box 251 E Clearwater Lane Chapel Hill, NC 27514 Dear Mr. Dean: Enclosed is the petition for the Clearwater Lake Road • PPP project. As spokesperson you are responsible for obtaining signatures on the petition. All property owners listed for a specific piece of property must sign the petition. In order for the project to go forward the following . criteria must be satisfied: o 75% of the property owners must sign - 17-rnr- o at least 75% of the total project footage must be accounted for through the signatures egf% of the property owners. The next Board of Commissioners meeting at which the completed petition could be presented for Board acceptance is May 21, 1985. I would need to have the petition in my office by May 14, 1985 to process it for this meeting. If we meet this schedule , I would request that the Board of Commissioners schedule a public hearing on the Assessment Resolution for the project on June 3, 1985. Following the public hearing the Board may adopt the Resolution which would allow me to request that the local share of the funds be forwarded by the County to the Department of Transportation. • Please call me if you have any questions on these matters. . , C.o-ce..44., • ' /./14-(;rd-C2.,. 4;ir•• 0 zt.„4, aite".ALixee. iece eittoo 1\6cS-4cere‘,Z- /1/1//C.?//. ..• c4f,c,t44;_e susriaLemith • -`-D/6i2.4.4 ,07_,. 1UE. A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 3rd day of June, 1985. Present: Absent: ****************************, ********************************************* The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #3938, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road (1918, also known as Clearwater Lake Road, in Chapel Hill. Township, Orange County, North Carolina, which petition has been signed by at least seventy-five,percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 353A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 353A-185(4) and as provided for in North Carolina General Statute Section 153A--205; IT IS HEREBY RESOLVED THAT -1- 1 bitimor 10E 1.. Orange County shall undertake financing of the local share of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. • 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-three and two tenths percent (23.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall, be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all, matters covered by this preliminary assessment resolution will be held on the 18th day of June, 1985, at 7:30 o'clock p.m., during the regular -2- isamimmi■m. lovi meeting of the Board of Commissioners of Orange County, in the Courtroom of the old Post Office, Chapel Hill, North Carolina,. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, rot less than Ten (:10) days prior to June 18, 1985, the date set for the hearing, in a newspaper having a general circulation - in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #1932 ALSO KNOWN PS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as 1 follows: 1. Orange County shall, undertake financing of the local share of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel lull Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents -3- 10E• • approximately twenty-three and two tenths percent (23.2%) of the total project cast. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 18th day of June, 3985, in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 3rd day of June, 3985. BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County, North Carolina -4- The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (3e) days prior to June 18, 1985. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of June, 1985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #3918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown• on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7th day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -5- - - I1C This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: *************************k************************************************ Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of June, ]985, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the kcal share of the cost of paving North Carolina State Road 111918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book WITNESS my hand and the offal seal of said Board, this the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 3rd day of June, 1985. Present: Commissioner Moses Carey, Commissioner Ben Lloyd, Commissioner Shirl Marshall, Donald Willhoit, Chair • Absent: Commissioner Norman Walker ************************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #1932, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road #3918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-385(4) and as provided for in North Carolina General Statute Section 153A-205; IT IS HEREBY RESOLVED THAT -1- 1. Orange County shall undertake financing of the local share of paving North Carolina State Road 40919, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal amount per tax parcel. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-three and two tenths percent (23.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is publighed, each owner of the property may pay his or her assessment in fulL b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 18th day of June, 1985, at 7:30 o'clock during the regular -2- meeting of the Board of Commissioners of Orange County, in the Courtroom of the old Post Office, Chapel Hill, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, not less than Ten (ID) days prior to June 18, 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSIS OF PAVING NORTH CAROLINA STATE ROAD #19113, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: I. Orange County shall undertake financing of the local share of paving North Carolina State Road #1938, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal amount per tax parcel. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents -3- approximately twenty-three and two tenths percent (23.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 12th day of June, 1985, in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County, North Carolina -4- The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (10) days prior to June 18, 1985. The Clerk to the Board of Commissioners is hereby directed 13) file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of June, 1985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7th day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -5- This resolution is effective upon its passage. Thereupon Commissioner Lloyd moved the passage of the foregoing resolution and Commissioner Carey seconded the motion, and- the resolution was passed by the following vote: Ayes: Unanimous Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of June, 1985, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #I918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book 19 . WITNESS my hand and the offical seal of said Board, this the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- ,!, --Oileir).., e*\, IA United States Department of the Interior GEOLOGICAL SURVEY \ ,'''.;'t..',.:-7r,r.....•-• Post Office Box 2857 Raleigh, North Carolina 27602 June 17, 1985 Beverly A. Blythe, Clerk Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Ms. Blythe: . Returned herewith is a signed copy of the agreement between Orange County and the U.S. Geological Survey for construction and operation of a stream gage on Eno River at Hillsborough. Macon Jackson of this office will coordinate the construction schedule with Mr. Laws. We appreciate your interest in the hydrologic data collection program. Very truly yours, , I ; / 400,4:% *.ile- . Turner ( District Chief • Enclosure 111 ORANGE COUNTY . BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 3, 1985 Action Agenda Item 4 Gil SUBJECT: ADDITION OF CHESTNUT ROAD IN FARRINGTON HILLS SUBDIVISION TO THE STATE-MAINTAINED ROAD SYSTEM DEPARTMENT: PLANNING PUBLIC HEARING __Yes No . - - Attachment(s) Information Contact: SUSAN SMITH a) LETTER FROM SAM JONES TO COUNTY MANAGER DATED 5/15/85; Telephone Numbers b) SECONDARY ROAD INVESTIGATION REPORT Hillsborough — 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive petition from NC DOT for approval of the addition of Chestnut Road in Farrington Hills Subdivision to the state-maintained secondary road system. NEED: Addition of paved road to state maintained secondary road system. IMPACT: The Board's decision will be forwarded to the Board of Transportation for their deliberation on acceptance of the road into the state-maintained secondary road system. RECOMMENDATION: Approval • 112 ). qrai, to ;rep STATE OF NORTH CAROLINA DEPARTMENTOFTRANSPORTAT1ON Graham, NC 27253-0766 JAMES G.MARTIN GOVERNOR May 15, 19S5 DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY Orange County Mr. Kenneth R. Thompson, County Manager Orange County 136 East Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Chestnut Road in Farrington Hills Subdivision Dear Mr. Thompson: Attached is Form SR-4, Secondary Road Addition In- _ vestigation Report, for Chestnut Road in Farrington Hills Sub- division. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, 4:3nlee: 45177." S. H.DISTRICT ENGINEER /jbh • Atta.. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer - - . • . --- .-- - '- ,._.,. 1.1 Ci NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT . _ , - - Date Co. File No. - . County ormnr. Township chnwo Hill Div. File No Local Name Chestnut Road Subdivision NOMWarriWon Hills Length 0.22 _ Width 20' Type G i Condition good Is this a subdivision street smbie4,to the construction requirmivnts for such streets? Yes Recorded ,,i4-4?-g7 Book IS Page Ill Is this a subdivision street nbncrto participlition paving? N/A Number of homes having entrances into road 6 Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement? Dedicated If not, why? Is petition (SR-1) attached? Yes - Is the County Commissioners' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? - VOR • . If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition; Total Cost $ 0.00 ' Grade, drain, stabilize $ , Drainage $ , Other $ Remarks and Recommendations Meets Minimum requirements; thence recommend addition. Reviewed and approved Board of Transportation Member Reviewed and approved J. W. Watkins S. H. Jones DIVISION ENGINEER DISTRICT ENGINEER fv. t''3,10 'airy, V „,...5.‘.1yo . .0 ■__.,-,4, Tet7.550 301. ti . .,,,, . (Do not write in this space - mu. . • .,c1',9 c:i 1 *. As ,‹K,wc, For use of Secondary Roads Dept.) -IA 1 „in , .., , ) Petition No 20,„, ma .--,..A. . ‘ s., .03 I ••-"1,13 'k3 1?12. wa : (Do not write in this space - For use of Planning Dept.) , mt. to. ,, , I - ,. . •HI, .,.,r- wz, ,,,,,,." -6 .0 ..,•' i . , / , - -- - • 114• • OP.A.NZE COUNTY BOARD ICE CaNISSIONMS Action Agetela. /tem &Jat AGENDA. .124 ABsTracT MEETING DATE June 3, 1985 Subject: Disinterment and reinterment of graves • . • DepartMent: Health Public Hearing: yes x AttaChatent S) : Inf0=atiCirt ax*.act: Jerry Robinson Certifying Letter from D.O.T. hcre• Nt.mt -t: 732-8181, Ext. 311 • Purpose: To secure Commissioner approval for plan worked out between Health Director and the N.C. Department of Transportation in accordance with N.C.G.S. 65-13 to relocate 3 or more graves in the path of 1-40. The exact number of graves to be relocated can not be 'known until excavation. • Need: Three or more old graves from an abandoned cemetery located on the former property of Olive Clayton located on Old NC 86 (or more particular, approximately 40 feet right of survey station 51+30y4 as shown on plans of State Project 8.1457902). Attempts to locate next of kin through records and newspaper advertisement have been unsuccessful. Burial plots have been secured in the Hillsborough Cemetery. A funeral service, Phillip Ellend and Associates of Southern Pines has been contracted to do the disinterment and reinterment as observed by the health department. Impact: The graves are within the construction area of 1-40 and must be relocated on or about June 6. • Recommendation(s): Approve the plan and proceed with disinterment- and reinterment. • • r1 ORANGE CC VEALTH DEPAR-1 ENT LIE STATE OF NORTH CAROLINA APR 2 6 1985 DEPARTMENT OF-TRANSPORTATION P. 0. Box 15580 Durham, NC 27704 JAMES G.MARTIN April 24, 1985 GOVERNOR DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY State Project: 8.1457902 F. A. Project: 1-40-4(47)259 County: Orange Description: 1-40 from 1-85 to New Hope Creek Subject: Claim of Olive D. Clayton, Parcel 81 Displacement of Abandon Cemetery Mr. Jerry Robinson, MPA Director - Orange County Health Dept. 300 W. Tryon Street Hillsborough, NC 27278 Dear Mr. Robinson: This is to certify that it will be necessary to remove approximately three (3) graves from an abandon cemetery located on the former property of Olive Clayton located on Old NC 86 or more particular, approximately 40 feet right of survey station 51+30 y4 as shown on the plans of State Project 8.1457902, Orange County, North Carolina. This cemetery was discovered while the right of way was being staked for construction. It will be necessary to move these graves as they are within the construction area of the 1-40 project. This office has not been able to identify the name of the cemetery, names of the decease, nor the names of the next of kin. Should additional information be needed, please feel free to contact me by telephoning (919-683-6849) or writing me at P. 0. Box 15580, Durham, North Carolina 27704. Sincerely, X " • 1\0) t&O - Alfa d F. Morris • p For N. E. Underwood, Jr. NEU,Jr.:AFM/gns cc: Mr. Tommy Laws An Equal Opportunity/Affirmative Action Employer I 1 E ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. & Meeting Date: JUNE 3, 1985 SUBJECT: ORANGE INDUSTRIES CONSTRUCTION AGREEMENT DEPARTMENT: COUNTY MANAGER PUBLIC BEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 YES TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the Board to consider approving an agreement between Orange County and Orange-Person-Chatham Mental Health detailing the terms governing the operation and maintenance of the Orange Industries Sheltered Workshop, NEED: To commit to writing the terms of the agreement detailing the responsibilities of each party over the term of the agreement. IMPACT: The agreement has been submitted to and approved by OPC and has been reviewed and approved by the County Attorney. RECOMMENDATION(S): Approve the agreement and authorize the Chair to sign. 11 MNSTRUCTION AGREEMENT' THIS AGREEMENT is entered into this day of 4 411 1985 by and between the Orange-Person-Chatham Mental Health Retardation and Substance Abuse Authority (hereinafter "CPC") and Orange County (hereinafter "County"). WITNESEET H: WHEREAS, OPC desires to obtain, and the County has agreed to build, certain new facilities, and; WHEREAS, the parties hereto wish to commit to writing the terms of the Agreement to govern the transfer of funds from OPC to the County and the con- struction of the facilities by the County; THEREFORE, the parties hereto, acting through their duly authorized officers and intending to be legally bound hereby, agree to the following terms and conditions: 411 1. gm= PROPERTY. The facility which is the subject of this agreement is a ten thousand (10,000) square foot metal building located on the north side of Valley Forge Road in Hillsborough, North Carolina. 2. CaviPLIMCFL WITH wigptaiNG Lar, CPC agrees to comply with all applicable federal, state and local laws and regulations in the design and use of the facilities, including, but not limited to a. N.C. Gen. Stat. 143-128 et. seq. and any other applicable procurement or purchasing laws and regulations: b. Licensing requirements of the Division of Mental Eealth, Mental Retardation, and Substance Abuse Services of the Department of Human Resources, State of North Carolina. OPC Shall provide to the County, where appropriate, written verification of comliance with any such laws and regulations from OPC or the appropriate agency. • 11E 3. azgaignamulajocasica_EratLicsam_gliva The County agrees to build the facilities, in accordance with all applicable zoning regulations, including all zoning provisions governing buildings to be used by handicapped persons. 4. MA/NTENANOR ARD OPC shall be responsible for all routine maintenance and utilities rhsrges after occupation of the facilities by CPC- Routine maintenance, shall include, all custodial, janitorial, housekeeping, and yard maintenance, as well as minor repairs to the facilities not to exceed a cost of $50.00 per repair or a. total cost of $300.00 per year. Routine maintenance shall include all, electricity, oil, gas and telephone service incident to the use of the facilities. 5. USE OF FACILITIES. Ownership of the facilities shall remain vested • . in the County. CPC shall have exclusive use of the premises for a . 411 period. of twenty (20) years, subject to extension by mutual agreement of the parties. No rent or lease payments shall be due on account of such use of the property during such twenty year period. 6. Ilk"galliltl 11))4 • 4:1 imw CPC shall make the facilities available on a reasonable basis to the County and any other agency for purposes of inspections under this Agreement or any cipylicable federal, state or local law or regulation. 7. LIABIIIITY AND alDEMEFICATIOq FOR USE OF fpC/LITIES, OPC shall be solely liable for all acts of the OPC governing board, its officers, employees and agents, and shall indemnify and bold harmless the County, the state Department of Human Resources and the State of North Carolina from any liability for such acts. 410 8, INSURACE. During construction of the facilities, the County shall maintain all necessary insurance on the premises including a normal builders risk policy. Upon occupation of the facilities by cec, the County shall carry fire and extended coverage insurance insuring its 1.1•S interest in the building and the premises, and OPC shall carry fire and extended coverage insurance to insure its interest, if any, in improvements to or in the premises and its interest- in its office furniture, equipment, supplies and other personal property. OPC will also provide adequate liability insurance and Worker's compensation and professional liability coverage for itself, its employees, guests and contractors where appropriate. Orange County shall be named as an additional insured in all such contracts of liability insurance. a. Casualty insurance to be maintained by the County on the facilities shall be in the amount of the actual cash value of the facilities, shall be updated annnally, and shall name CPC as an additional insured party where appropriate. Upon partial or complete destruction of the facilities, insurance proceeds shall be used to replace the facilities so destroyed upon concurrence of the governing board of OPC. If the building is not replaced, insurance proceeds will first be used to repay to (DEC the full amount of its contribution to the facilities or its prorate share of the cash value of the building (whichever is smaller) . b. If, because of anything done, caused to be done, permitted or omited by OPC, the premium rate for any kind of insurance affecting the building shall be raised, OPC agrees that the amount of the increase in the premium which the County shall be thereby obligated to pay for such insurance shall be paid by CPC to the County on demand, and that if the County shall demand that OPC remedy the condition which caused the increase in the !II insurance premium rate, OPC will remedy such condition within a reasonable time period after such demand. OPC agrees that it shall not do, or causeto be done or permit on the premises any- - • rviwrinceac nf firp inAtIrm - • 12C coverage. Both CGC and the County hereby waive any claims or rights of action, which the one may have against the other for loss or damage covered by such insurance policies, except as provided, in paragraph 8(a) of this Agreement, and both OPC and County covenant and agree that each of them will obtain a waiver from its carrier of such insurance releasing such carrier's subrogation rights as against the other party. 9. amps AND mgvicING_OF FAcrwalEs. The County shall be respon- '• — • • • 941 • r •l — s ' • • 4.• =4=m—4 144 — • lude all minting (both interior ancLexterior). all_servicipgand upkeep of plumbing, heating; air conditioning. electrical and structural_ systems,' - Is! • c • 11. 4.41 • • 4410 .7.11,— 40 4 of water drainage problems and water/sewer system service. 411 10. 9 "Mk- 10141X VONUDIWI. r44Z 110• I IJ Upon any disposition of the property prior to the end of the twenty year term provided in this Agreement, the County shall return to OPC either (a) a prorated portion of the funds contributed by OPC or (b) a prorate share of the proceeds of such disposition, whichever is less. 11. TEIRD PARTIES. Nothing in this Agreement shall be construed as making any person or entity other than the named parties hereto a party to this Agreement, nor creating any property rights in any person or entity other than the names parties hereto. 12. AVAILABILITY OF FUNDS. THe maximum amount of funds available from OPC for this project is $59,320.00. Payments from these funds shall be made upon presentation of appropriate documentation (invoices, 410 etc.) showing amounts actually owing for work completed. 13. TERMINATION OE_AMEEMENT. This Agreement may be terminated for good cause by either party prior to the commencement of construction upon sixty (60) days written notice, during which time the other tarty 121 shall have opportunity to cure the cause of such notice. This Agreemewnt may be terminated at any time by mutual agreement of the parties.. 111" WI7NESS WHEREOF, the parties hereto have caused the execution of this Agreement • their authorized oifficers on the date first above written. 0: if L../ia•vzio May 21, 1985 10: • , ORANGE-PERSON-CHARHAM DATE IvEENThL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE AUTHORITY &7gi) igeg DIRECIOR, ORANG PERSON THAN DATE MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE AUTHORITY AND SUBSTANCE ABUSE AUTHORITY CHAIRMAN, ORANGE COUNTY calmissiopm DATE _ _ _ MANGE CCUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA. ITEM ABSTRACT Item No. Gifl Meeting Date: JUNE 3, 1985 SUBJECT: AGREEMENT BETWEEN GEOLOGICAL suRvEy AND ORANGE COUNTY DEPARTMENT: COUNTY MANAGER PUBLIC BEARIN3: __Yes _I-No AmomENT(8): IMOIMIC61 CONTACT: MANAGER'S OFFICE X501 TELEPHONE NUMBER: YES Hillsborough -732-818]. Chapel Bill - 968-4501 Mebane - 227-2031 Durham - 688-7331 FURNOSE: To enter into an agreement with Geological Survey to install and maintain a gauge on the Eno River. NEED: An ordinance will be proposed for managing and monitoring water releases from Lake Orange during times of drought. A gauge is necessary to measure flow at the downstream point of Lake Ben Johnson. IMPACT: Orange County would pay $3,400.00 for installation and operating cost the first year and $2,000 for operation each year thereafter. Geological Survey would bear the same installation and operational cost. Funds are recommended under the proposed 1985-86 Budget for this purpose. RECCHMENDATION(S): Approve attached gauge installation and operation agreement. I P. O. BrI.x 2357 Ralei.gh, NC L7602-2857 October 11, 1984 Mr. William T. Laws Assistant County Manager Orange County 106 E. Margaret Lane Hillsborough, NC 27278 Dear Mr. Laws: •. Enclosed i8 a sketch of the proposed gage installation on Eno River an per our discussion and field trip October 4• The estimated cost of fabrication and installation of this gage including minor repairs to the • . weir is $2,800. Annual oost of operation and maintenance for determining flows below 150 cfs or 100 million gallons per day is estimated at $4,000. The total cost of construction and the first year's operation would he 0,800 of which the Geological Survey would furnish one-half or $3,400 subject to the availability of Federal matching funds. My construction estimate includes $300 for baok-hoe work which you agreed to furnish. Therefore Oranve County's share of the cost would be reduced by this amount leaving a total of $3,100 as the County's share or-the cost: I understand you have obtained permission from the landowner to install the gage on his property. I have enclosed four copies of our standard agreement for installation and maintenance of a gaging station on private property. Please have the landowner sign all four copies and return them I . to me. I will forward them to Washington for the signature of our Administrative Officer and will send the landowner a copy for his files. If the above is aqrneeable to you please sign the enclosed cooperative agreement and return it in the enclosed envelope. If I can supply any ailiti.onal information give me a call. Very truly yours, N. M. Jachson, Jr. Chief, Hydrologic Records Section Encl. 1W:ceh • . L. • . . . ... . .. . . _______ ____. ......._ ._ .... . • . .....-......._... .. .......... • . .......... ..._.___........ -e .,....7.......*;.,,,,,,,,...'(.....,,...-..,,,? -",-'''•-•1 . ..._r ..;;;;_rrm.I;;,. 1....1i7;.....,,, .,J,,7,.•,-1:-.,., .. i ,,x...„........-.",....4.--' _,.. th • - - •'`'.-...:7'.'• ...7:-"-:il: :.:..-^ :;; .:".-..:::.,;i4. 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Form 9-1366 Department of the Interior (Rev,ii•82) Geological Survey Joint Funding Agreement FOR Water Resources Investigations • THIS AGREEMENT is entered into as of the let day of October 19 84,y the GEOLOGICAL SURVEY,UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the Orange County party of the second part_ I. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a gage on Eno River, North Carolina hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party. (a) S 3,400.00 by the party of the first part during the period October 1, 1984 to September 30, 1985 (b) $3,400.00 by the party of the second part during the period October 1, 1984 to September 30, 1985 consisting of $3,100.00 in funds and $300.00 in direct services for gage construction. (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agree- ment and set forth in an exchange of letters between the parties. • 3_ Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party,provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part.Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4, The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized represent- atives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office.Copies shall be furnished to the party of the second part upon request. 8. The maps,records or reports resulting from this program shall be made available to the public as promptly as possible.The maps,records or reports normally will :published by the party of the first part.However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at cost,impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a statement of the cooperative relations between the parties. Oi NG COUNTY GEOLOGICAL SURVEY • r / UNITED STATES By DEPARTMENT OF THE INTERIOR These funds are in t e proposed budget _ for 1985-86, which has not yet been By adopted. By d T $& TITLE)Y By ��7�"' bOJAA/ (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) U.S.* Government Printing office:15112-4814130ftS 125 Form 94366 Department of the interior (Rev.8-82) Geological Survey • Joint Funding Agreement FOR ' Water Resources Investigations day of October 19 84,y the GEOLOGICAL SURVEY,UNITED • THIS AGREEMENT is entered into as of the lot STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the Orange County • • party of the second part. • 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in tOoperation a gage on Eno River, North Carolina hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party. • (a) S 3,400.00 by the party of the first part during the period October 1, 1984 to September 30, 1985 (b) S 3,400.00 by the party of the second part during the period . October 1, 1984 to September 30, 1985 consisting of $3,100.00 in funds and • $300.00 in direct services for gage construction. (c)Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agree- ment and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively part each party,preimbursement thereafter by the mutually the second part.Each party shall furnish to he other party such party dements or part with appropnat reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized represent- atives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become • part of the records of that office.Copies shall be furnished to the party of the second part upon request. 8..The maps,records or reports resulting from this program shall be made available to the public as promptly as possible.The maps,records or reports normally will i•. published by the party of the fast part.However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at • cost,impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a statement of the cooperative relations between the parties. ORANGE COUNTY GEOLOGICAL SURVEY • UNITED STATES By DEPARTMENT OF THE INTERIOR By $Y to £�iiu^�E'C3iL ' ataeSS O R E TITLE) By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) *us.c,.e,l...nt Pdnling Mice;7112--3*i430/13 r Form 9-1366 Department of the Interior (Rev.-8-82) Geological Survey Joint Funding Agreement FOR Water Resources Investigations • THIS AGREEMENT is entered into as of the let day of October 19 8/bY the GEOLOGICAL SURVEY,UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the Orange County party of the second part.. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a gage on Eno River, North Carolina ' hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party. (a) $3,400.00 by the party of the first part during the period •- October 1, 1984 to September 30, 1985 (b) $3,400.00 by the party of the second part during the period • October 1, 1984 to September 30, 1985 consisting of $3,100.00 in funds and $300.00 in direct services for gage construction. (c)Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agree- , meat and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party,provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part.Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first pact. • 5. The areas to be included in the program shall be determined•by mutual agreement between the parties hereto or their authorized represent- atives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office.Copies shall be furnished to the party of the second part upon request. 8. The maps,records or reports resulting from this program shall be made available to the public as promptly as possible..The maps,records or reports normally will i :published by the party of the first part.However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at cost,impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a statement of the cooperative relations between the parties. ORANGE COUNTY GEOLOGICAL SURVEY / UNITED STATES By DEPARTMENT OF THE INTERIOR These funds are in t e proposed budget for 1985-86, which has not yet been By adopted. t� t� °"JJh/ By Jame sldNIA f � D&1RTtTLE)Ghief By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) 1}uS.eo.emm.nl Printing Mice:19112-3Bi 53O/15 • ANS 054 CHANGE Distribution to: ORDER OWNER • 0 ARCHITECT ci MA DOCUMENT G701 CONTRACTOR 0 ,00,4 FIELD 0 OTHER 0 PROJECT: RENOVATIONS: CHANGE ORDER NUMBER: C.01 • (name,address) Orange County Historic Courthouse Hillsborough, NC INITIATION DATE: May 7, 1985 TO (Contractor): 1 ARCHITECT'S PROJECT NO: 0C-81 • Durham Construction Co., Inc: I CONTRACT FOR: Generitl 112 Brittania Avenue ' Construction P. 0. Box 15028 Durham, NC 27704 .1 CONTRACT DATE: March 20, 1985 You are directed to make the following changes in this Contract: Remove the concrete wall facing and concrete ceiling in existing records vault room, originally indicated as masonry facing on the contract drawings, in accordance with the proposal stated in yoUr letter dated April 30, 1985 (attached) and in accordance with the terms of the contract dOcuments. f#P% Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. • The original (Contract Sum) iCkit1t.ittiefetig&taWeartiVtist,was •$ 247,700.00 Net change by previously authorized Change Orders 0 • The(Contraa Sum) iGueconititukkaexicourAzow prior to this Change Order was $ 247,700.00 The (Contract Sum) will be (increased) (sieeneastzeiMunclazorgoci) by this Change Order 6,231.50 The new(Contract Sum)(Guaranteed Maximum Cost)including this Change Order will be $ 253,933..50 The Contract Time will be (increased) (decreased) (unchanged) by ( 15 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is • Authorized: November 20, 1985 • Roman Koloclij James M. Webb Durham Construction Co.,Inc. County of Orange ARCHITECT Architects CONTRACTOR OWNER, Orange County Courthouse Address 201 E. Rosemary Street Address 112 Brittania Avenue Address 106 E. Margaret Lane Chanel Hill, NC 27514 Durham, NC 27704 Hillsborough, NC 27278 ,, BY AY-4,4% 141-44/ By (45 1410.2. BY DATE 957 2 DATE DATE AlA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • MA" • t 19715 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.200t16 C701-1978 •, .._>..__�j•f� /_'T - • ice -_ _...:.:- _. - - - =4 -i - LPL - - - 1 ---=--- - --; =:= : _-'7'-'7' :i: - i - _ - _ ,. - — _-- _ - __: - :� f te _ . - - _--- .t- --__ - _ - I ; = -t - 4_-: — -- - _;, - _ _ - _ _ _ - _— _ ,1- T t.7:-. - : : :- 7--t7- 7- -- - - 1 - • .1=7 7- i ; :• -. _.G•_�,.:L-=_ r -r. 1 - . - : :C: :' ;.. tT _ --• • '... •- qtr.$,Gf)VYIIN Mr.il, 1.11114 1 Int,rtr:: E 01.r.'•,17-865 • . . 1 :1c .wain` _ ..r•__•_.- : _f -'l�•--:�fin -.:L.:_7 -. r,,/ _-_ � . f. .r._. f File -________/.. • i G _215-F March!S+3) UNITED STATeGDPO A `r-. 1 ` ,-- —�• :aKn.S.t hen YA`E T OF THE It;ERiC fW�T_tR_-_ESOJ1t.iS DIVISION ,svy ,.7.1-,11,4-1,7 ' . + - ._ f - • _---____-•__ ---T-.• _:-_.- -_ -w,w�dR 7i_f.- -s'- - - -_T __^t:. _ _ _.}_.__ -r -- ._ -_�_ -.. -.._.•- - - _r • _ - --'L---r7- .::-Y. ^,i'_ -_ _ 7-2. - -;t- :_-:17"..:_-.•7•;.--.::,. _ --' -�:,-._______.— _- _. .-, L �� .'`;. :. , ^` /ef _ -- - - _^L-rt 1. :. 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Prep:7rcd Y----•'.------- ORANGE COUNTY 126 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABOIRACT Item No. 6 Meeting Date: JUNE 3, 1985 SUBJECT: ROMASSIFIMTION APPEALS DEPARMENT: BOARD OF COMMISSIONERS PUBLIC BEARIN3• Yes _ILN0 ATTACHMENT(S) : INFORMATION COMM: DON WILIBOIT X 505 TELEPHONE NUMBER: NO Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider direction to be taken on ReclassificatiortAppeals. NEED: Commissioner Lloyd has requested that the Board review and decide on reclassification appeals that have occurred since the Classification and Pay Study approved last November. In accor- dance with the Personnel Ordinance, Article V Sections 8, 9 and 10, the Manager is charged with maintenance of the classifica- tion plan. It is his duty to make such changes in the classi- fication plan as are made necessary by changes in the duties and responsibilities of existing positions, as they are determined through an analysis of job content and desk audit conducted by the County's Personnel Department. Further the Ordinance provides that an employee may appeal his or her classification. Article XI Section 3 states that the Manager's decision on any appeal is final and there will be no appeal therefrom. Since adoption of the Ordinance in 1976, the practice has been consistent with the Ordinance. The Manager has, with full authority, administered and maintained the County's Classifica- tion and Pay Plan. The Attorney has reviewed this issue in the past and his legal interpretation is that the Manager, as stated in the Ordinance, is vested with that authority. IMPACT: RECCVIMENDATION(S) : As Chairman of the Board, I recommend that investigation of and action on the appeals be left to the Manager's responsibility. 034 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 3, 1985 Action Agenda Item 4 Go 2- SUBJECT: NANCO WOODS-PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: EDDIE KIRK CHECKLIST VICINITY MAP PLAN DRAFT 5/20/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Nanco Wood subdivision. To receive the May 20, 1985 Planning Board recommendation. NEED: The property in question is located in Chapel Hill Township o Ridgewood Road. It is known as Lot 14A, Tax Map 118. There l- one 2.3 acre lot being created from the 7.3 acre tract. Th: property is zoned R-1 and Protected Watershed-II and i- designated Rural Buffer and Water Supply Watershed (Universit Lake) in the Land Use Plan. The lot has state road frontag:. and is served by the South Orange Fire District. The property is located in the University Lake Watershed. maximum impervious surface ratio of 6% applied to each lot i' shown on the plat. A stormwater management plan is no required for new subdivisions of three lots or less. IMPACT: The addition of one 2.3 acre lot will have minimal impact. RECOMMENDATION: The Planning Board recommends approval. NANCO WOODS �_-. " 14A ./" ails, 14q) ..: Applicant: Forest Heath N ...1`I� � 2fl AC S ) 5.13 AC. 2+g SfctnAr•Ilrit: Ct; ' Zoning: R-1 g �•e/�1r AC Ht'nPtS��y IHF.it.Ytt a•vt. ..._e�E��' !_UP Designation: Rural Buffer ens SEC Water Supply Watershed ' Scale: V'= 404' )f AC. aln.t ��S�+t At. 4fila, Ti t 15J 1159 AC. �9 1/ItB,r6 ?C'8 � �1,� 1'1't' ,�•�� �.It} SEE 14AP 118D F?h�C" 2AC !400 Wit-SON ESTATE 15F CT Qd 30".7 _ ,i9ta' Pitt 8 111121 `�G?At'• - \l �2 '1 V —.._ - \. 951 AC` _ - gnu RU •\ ibO?. AC j J{ J30 \ .... ' J t5F t` J t z(t5E4AfNr ( 09 1 t ''` Flri• \'� �• ntMrr ', 1t A 2 At'- can, 1{ nrrnrnw N_zlnns VAUA!1!'t: 1lt csnmcrr` 5� ` • t6 t 1 1:�{i '•�•} 8422 �8 \lcs O 6.42 AC- i gt3fi 1407 \. \ ,; }AC' %t1 pC# t22t 38.24 AC f. 4 50 AV 10,0'1 \C 7n8T t I YNA'NYX.Y/ACRES�t 6178 AC 24 v, Q2) �;�y9t3 L t 6179,%C. tOncl�r t.y• t f t Vp 'tt)58 AC t•t r •c �64 i ,f'.Att �„5,79 AC. 'uAl / f{1 r} +' r \ ` Ptn F ( , AsArS� 3. AG f r'11 �7j4ji r ` alto\ 1{S�iAr: �l I \�� , G�00( �t s. i It `2 93' 3280 1`_Aa `'� i� /.'.lf� latt tTtO/ ti 1\ P� t4 0.1 At g10 t44}i3r7 4 AC I �f "� �. 5.1`3 AC f 2.04 r,22i AC,, 1 \ 1 loop 4 AG 10x4 �4f1TORS . n 51 AC. rt�;T rk: 5AC I R33 MAJOR SUBDIVISION CHECKLIST NAME OF SUBDIVISION Nanco Woods OWNER OR DEVELOPER Forrest T. Heath ADDRESS Rt. 5, Ridgewood Road, Chapel Hill, N.C. 27514 TOWNSHIP Chapel Hill TAX MAP 118 BLOCK LOT 14 A NAME OF SURVEYOR OR ENGINEER Freehold land Surveys, Inc. Total number of lots 2 To be developed in 1 phase(s). Total number of acres 7.3�, Typical dwelling units at present or proposed WATER SUPPLY: Public (Name) Commuuity Individual X SEWAGE TREATMENT: Public Community Individual Septic tank X SCHOOL DISTRICT Chapel Hill FIRE DISTRICT South Orange Access onto State Road # 2047 Road Standard: Public X or Private Class A , B , C Existing critical areas such as streams ( ), Flood prone areas ( }, Watershed ( X ), Historic Sites ( }, Other ( ) Explain: University Lake Watershed Land uses in the general area Residential SKETCH PLAN RECEIVED (Date) 3-20-85 Approved ( ) Recommended Changes ( ) PRELIMINARY PLAN RECEIVED (Date) 4-22-T5 REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by Health Department 4-22-65 _ Erosion Control Officer -10-85 MKR Board of Education �-g-85 Department of Transportation OWASA (if possible) Other Mebane (if possible) -Hillsborough (if possible) -Orange/Alamance (if possible) Preliminary Action by the Planning Board Recommended for approval on 20/85 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( } All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ( ) Road Maintenance Agreement submitted (where applicable) ; Approved ( ) Improvements have been provided for; completed,' bond, letter of credit., cash. Date ( } Final OWASA approval (where applicable) on'all plans & specifications, Date ( } Final DOT approval on plat ( ) Final action by the Planning Board O W Ø3P rmm, 7,-11 5m5- ,?A-mw/voc..6wp /1/4/071-3 8 VOTE: 5 in favor. (Margison, Pilkey, Walters, Kizer, Kramer) 5 opposed. Motion failed. NOTION: Shanklin moved that Planning Board recommend a Class B private road. Seconded by Yuhasz. VOTE: 7 in favor. 3 opposed. (Best, Kizer, Gordon) MOTION: Greenberg moved approval with conditions 1,2,3, & 5 as stated by staff and the recommended Class B private road. Seconded by Shanklin. VOTE: 7 in favor. 3 opposed. (Best, Kizer, Gordon) Agenda Item #8j) Nanco Woods - Preliminary Presentation by Smith. The purpose of this agenda item is to consider approval of the Preliminary Plan for Nanco Woods subdivision. The property in question is located in Chapel Bill Township on Ridgewood Road. It is known as Lot 14A, Tax map 118. There is one 2.3 acre lot being created from the 7.3 acre tract. The property is zoned R-1 an Protected Watershed-II and is designated Rural Buffer and Water Supply Watershed (University Lake) in the land Use Plan. The lot has state road frontage and is served by the South Orange Fire District. The property is located in the University Lake Watershed. A maximum impervious surface ratio of 6% applied to each lot is shown on the plat. A stormwater management plan is not required for new subdivisions or three lots or less. The addition of one 2.3 acre lot will have minimal impact. The Planning Staff recommends approval. MOTION: Greenberg moved approval. Seconded by Shanklin. 03h 9 VOTE: Unanimous, Agenda Item #8k) Quinn Subdivision - Preliminary Presentation by Smith The purpose of this agenda item is to consider approval of the preliminary Plan for Quinn Subdivision. The property in question is located in Bingham Township off Jo Mac Road (SR 1103) . It is known a Lot 7T, Tax map 21. There are 4 lots proposed out of approximately 10.7 acres. Two lots are 2.5 acres each, one lot is 2.6 acres and one lot is 3.1 acres. The property is zoned R-1 and Protected Watershed-II and is designated Rural Buffer and water supply watershed (University Lake) in the Land Use Plan. A stormwater management report prepared by Philip Post and Associates has been submitted. The applicant is requesting a Class C private road (Ryan Road) for the subdivision. The addition of 4 lots to this area could add approximately 27 trips per day to Jo Mac Road. A 1984 Department of Transportation traffic count on Jo Mac Road indicated 100 trips per day. The addition of this subdivision would have a minimal impact on this area. The property is located in the University Lake Watershed. A maximum impervious surface ratio of 6% applied to each lot is shown on the plat. The stormwater management plan was prepared by Philip Post and Associates, Inc. The Planning Staff recommended approval subject to the condition that a Class 1113" private road be constructed to serve the subdivision and that access for Lot A be restricted to Ryan Road. Gordon asked why staff recommended a Class B road. Smith responded B served 4 lots. Yuhass asked if access to Lot A should be restricted to Ryan Road. Smith responded yes and recommended that a condition to that effect be added. 03S ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 3, 1985 Action Agenda Item SUBJECT: FORRESTER BEND - SECTION TWO - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN DRAFT 5/20/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Section Two of the Forrester Bend Subdivision. To receive the May 20, 1985 Planning Board recommendation. NEED: The property in question is located on NC 57 in Little River Township. The property is referenced as part of Lot 180 of Tax Map 25. It is bordered by agricultural and residential development. The tract is designated as Agricultural- Residential on the Land Use Plan. There are four (4) lots proposed out of 3.71 acres. The lot sizes are 2 @ .92 acre, .93 acre and .94 acre excluding rights- of-way. No zoning has been adopted in Little River Township. However, the Subdivision Regulations (Section IV-B-1-A) require a minimum lot size of 40,000 square feet where the lots are to be served by on-site sewage disposal and water systems, as is the case in this development. The property in question is located in the Orange Rural Fire District. The district is served by the Orange Rural Fire Department in Hillsborough. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis. The Planning Board approved the Final Plat for Section One of Forrester Bend on December 17, 1984. There were nine (9) lots proposed out of a 24.89 acre tract. The minimum lot size was 2.0 acres while the maximum lot size was 3.95 acres. A Class B private road was constructed which provided access to NC 57. This area is indicated on the vicinity map. IMPACT: Development of this subdivision would have minimal impact on this area. RECOMMENDATION: The Planning Boar0 recommends approval. --- II ' • .1980 . ii / I Scro4 any° AC. ' / / I I ' 1 7.42 A C. 0 .. / / P 1 0 P Rgg OVA P 1 - // w (r 4.1i2.4:..A:c26:I// > w 6.43. AC. AppmeAtjr..: EANIZ AgertooM • : a > ;n ,1 / ..... , q4,g-..9504 IX — war 1498 i 0 W •6C2 /AC / / II / p tt5wriki.47-10M:A642.1eilauDAVIIIra4 1 I a3vel% f / .. / 4 41 0 L02, 24.146 / ° • :7184 A,. 0193 AC 1 " . .1 / = 1 IAC. 5'4%,- 4 / / • sgE / /C • / t,1.99Ac. 0595 - 2.47..28 9 :‘10 % I6A ----gtam-on-- - / s / 1.27.• :i D • / ''',. 05k. 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LITTLE RIvat. 044611iP • c,, ,,,,,, MAJOR SUBDIVISION CHECKLIST Ernie McBroom NAME OF SUBDIVISION Forrester Bend - Section Two OWNER 4R DEVELOPER -- f ADDRESS Route 4, Box 458, Hillsborough, NC 27278 � little River BLOCK - LOT p/o 18G TOWNSHIP TAX MAP 25 _ NAME OF SURVEYOR OR ENGINEER -ENT land Surve s Total number of lots 4 To be developed in __L__phase.(s). Total number of acres 3.71 Typical dwelling units at present nana or proposed WATER SUPPLY: Public (Dame) Community Individual! X SEWAGE TREATMENT: Public Community Individual Septic tank X __ SCHOOL DISTRICT Orange [�� tv FIRE DISTRICT ran a Rural Access onto State Road # NC Road Standard: Public or Private Class A_ r B C__7_ Existing critical areas such as streams { ), Flood prone areas ( ), Watershed { }, Historic Sites ( ) , Other .{ ) Explain: Land uses in the general area Aqr-i e44 SKETCH PLAN RECEIVED- {Date) 2-27-85 Approved { ) Recommended Changes { X ) REVISED PRELIMINARY PLAN RECEIVED (Date) PRELIMINARY PLAN RECEIVED (Date) 5"3'$5 Erosion Control Officer 5"17- 5 MKR Preliminary Review by Health Department Ron Floldwav 5-16-$5 _ Department of Transportation Board of Education Ira Troll�nger 513-85 OWASA iif possible) - -Mebane (if possible) Other -Hillsborough- (if possible) Orange/Alamance (if possible) Preliminary Action by the Planning Board . 0 - " Preliminary Action by the County Conanissioners FINAL PLAT RECEIVED (Date) ( } All lots were approved by the Health Department ( } Lots failing Health Departments approval are combined or listed properly on the plat ( ) Road Maintenance Agreement submitted (where applicable) . Approved { } ided for; completed; 3b '&lspecificat ions, Date Dat Improvements. have been prov e ( } Final OWASA approval (where applicable) on'all p ans ( ) Final DOT approval on plat ( ) Final action by the Planning Board_ f • / \‘ 1. 5#7a 04 L of the road standard. Therefore the motion for denial should be interpreted as a recommendation for the inclusion of a condition for a paved road constructed to NC DOT standards in any approval of the subdivision. Furthermore, she indicated that it can be concluded from the record of discussion, which showed disagreement only on the road standard, that attachment of a_ condition for a paved road would remove the Planning Board's objections to approval. Gordon further stated that it was neither correct in terms of parliamentary procedure nor necessary in terms of expressing the Planning Board's intent to vote again on the matter. *Agenda Item 8h. Forrester Bend - Section Two - Preliminary Presentation by Atwater. The purpose of this agenda item is to consider approval of the Preliminary Plan for Section Two of the Forrester Bend Subdivision. The property in question is located on NC 57 in Little River Township. The property is refdrencqd as part of Lot 18G of Tax map 25. It is bordered by agricultural and residential development. The tract is designated as Agricultural-Residential on the Land Use Plan. There are four (4) lots proposed out of 3.71 acres. The lot sizes are 2 @ .92 acre, .93 acre and .94 acre excluding rights-of-way. No zoning has been adopted in Little River Township. However, the Subdivision Regulations (Section IV-B-1-A) require a minimum lot size of 40,000 square feet where the lots are to be served by on-site sewage disposal and water systems, as is the case in this development. The property in question is located in the Orange Rural Fire District. The district is served by the Orange Rural Fire Department in Hillsborough. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis. • The Planning Board approved the Final Plat for Section One of Forrester Bend on December 17, 1984. There were nine (9) lots proposed out of a 24.89 acre tract. The minimum lot size was 2.0 acres while the maximum lot size was 3.95 acres. A Class B private road was constructed which provided access to NC 57. This area is indicated on the tax map. 00 044 5 Development of this subdivision would have minimal impact on this area. The Planning . Staff recommended approval of the Preliminary Plan subject to Health Department approval of each lot. This approval as received May 16, 1985. Greenberg inquired about the remainder of the • property. Atwater responded it was divided into 10+ acre lots. Pilkey inquired if these lots would exit onto NC 57 and Smith responded yes. MOTION: Kizer moved approval. Seconded by Shanklin. VOTE: 9 in favor. 1 opposed (Best) Agenda Item 081) Indian Springs - Preliminary Presentation by Smith and Atwater. The purpose of this agenda item is to consider approval of the Preliminary Plan for Indian Springs Subdivision. The property in question is located on SR 1005 (old Greensboro Road) in Bingham Township. The property is referenced as part of Lot 16 of Tax Map 38. It is bordered by agricultural and residential development. The tract is designated as Agricultural-Residential on the Land Use Plan. There are twelve (12) lots proposed out of 20.14 acres. The lot sizes are 3 @ 1.3 acres, 2.7 acres, 4 @ 1.6 acres, 2.2 acres, 1.7 acres, 1.5 acres and 1.4 acres. The property is zoned A-R Agricultural- Residential) . The applicant is requesting approval of a Class "B" private road with access to SR 1005, a road designated as an arterial street in the Land Use Plan. Fire protection for the property in question is provided on a joint volunteer basis by the North Chatham Fire Department of Alamance County. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis. - , 04E ORANGE COUNTY BOARD OF COMMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date one 3, 1985 Action Avnda Item Itfr SUBJECT: QUINN SUBDIVISION - PRELIMINARY PLAN DEPARTMENT: PLANNING PUBLIC HEARING Yes g No Attachment(s) Information Contact: EDDIE KIRK ' CHECKLIST VICINITY MAP STORMWATER MANAGEMENT REPORT LETTER FROM EROSION CONTROL OFFICER PRELIMINARY PLAN DRAFT 5/20/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Quinn Subdivision. To receive the May 20, 1985 Planning Board recommendation. NEED: The property in question is located in Bingham Township off Jo Mac Road (SR 1103) . It is known as Lot 7T, Tax Map 21. There are 4 lots proposed out of approximately 10.7 acres. Two lots are 2.5 acres each, one lot is 2.6 acres and one lot is 3.1 acres. The property is zoned R-1 and Protected Watershed-II and is designated Rural Buffer and water supply watershed (University Lake) in the Land Use Plan. A stormwater management report prepared by Philip Post and Associates has been submitted. The applicant is requesting a Class C private road (Ryan Road) for the subdivision. IMPACT: The addition of 4 lots to this area could add approximately 27 trips per day to Jo Mac Road. A 1984 Department of Transportation traffic count on Jo Mac Road indicated 100 trips per day. The addition of this subdivision would have a minimal impact on this area. The property is located in the University Lake Watershed. A maximum impervious surface ratio of 6% applied to each lot is shown on the plat. The stormwater management plan was prepared by Philip Post and Assocites, Inc. 04C QUINN SUBDIVISION PAGE TWO JUNE 3, 1985 RECOMMENDATION; The Planning Staff recommended approval subject to the following condition: That a Class B private road be constructed to serve the subdivision. The Planning Board recommends approval with a Class C private road (Ryan Road) and with the condition that access to Lot A be restricted to Ryan Road. - • 3tiS31 + - �.. 17 , •OOft AC EL6 )UINN SUBDIVISION �_ 08�7fi� �J .4081) fi 7p s 00a�. ipplicant: Lin Minshall 8065 60 T ` 7 4 082AC 3952 _oning: R - 3 - 10 155AC 6.025AC• _ - -- _ _ _ -- _ 5.7}AC. UP Designation: Rural Buffer ;.:'; - Water Sup ly -=_--- �� �,_ w o CD p - - 3 i ti Watershed ,�/ 3 7M 4 5 w rr _ t O 7N w i h�t r1 r 2555 is 2 4574 'Cal e: I - 40 V �`� { r-}- 6534 4 Q • .. / / \ 5AC• j •7456 �1 5.8AC — 8.702 AC-. _ . 1___.__.-._ ._.._._. ._ ----•--- � t � 1 1 a24t -. 010'3 ; r 7- 111 1 7F }} 8 t.2tjAt. pl j 5"2 6 95936 ?8 3972 � 15J4975 � � Af; . / 7. • - f/ i5 AC. 22.7 AC t,AC- yr utI!�lV 5.001 AC ('f\ -- :. ...•_ __ - �n Its ;,t E MAP 0�) It} ,r + 1334 i5�'t sce MAP 21A P/0 30 AC. a 1 28 AC ', �.. (HENRY A. LANDS- ► 540 AC uI BERGF-R$BET � . I T'A P. Q 00 else 68 .7j) "Ic w 7t} ;7G 4 J le r \ o REV}SED C 9736 2725 571 r w !780 m 9� r , t3,74.►9.74.7 t D v 4.573W, 4.44BAC 3AC•° 4 749W 0 sin 26 r f r� 296.'t6 208 tip MAJOR SUBDIVISIONS CHECKLIST NAME OF SUBDIVISION QUINN SUBDIVISION dMER OR DEVELOPER LlN MINSHALL ADDRESS 43 Davie Circle, Chapel _Hill, 14C -27514 TOWNSHIP Bingham TAX MAP 21 . BLOCK NAME OF SURVEYOR OR ENGINEER Rn 1 Total number of acres 0•7 acres Total number of lots 3 To be developed in _____�j�hase{s). Typical dwelling units at present __ none or proposed sins Le Indio Commuuity Individual X �v'ATER SUPPLY: Public (Name} Individual Septic tank _ X SEWAGE TREAThIENT: Public Community FIRE DISTRICT SCHOOL DISTRICT prance County B , C X Access onto State Road #_11Q1 Road Standard: Public or Private Class A_ r Existing critical areas such as streams ( ), Flood prone areas { ) , Watershed (X ), Historic Sites { }, Other ( ) Explain: Universit Lake PW-II Land uses in the general area Residential and A ricultural SKETCH PLAN RECEIVED (Date} 2-26-$5 Approved ( ) Recommended Changes { ) REVISED PRELIMINARY PLAN PRELIMINARY PLAN RECEIVED (Date) 3'28-85 185 Erosion e Control0fficer 3-1-85 MKR Preliminary Review by Health Department ' ' Department of Transportation _ Board of Education 5'13' S flWASA {if possible} -Mebane (if possible) Other -Hillsborough (if possible) -Orange/Alamance (if possible) preliminary Action by the Planning Board Recommended for approval on MaY 20 1985 wi'th ' Class Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) { ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ( } Road ?Maintenance Agreement submitted (where applicable) . Approved ( } Improvements have been provided for; completed; bond, letter of credit, cash. Date ( ) Final. OWASA approval (where applicable) on•all plans & specifications, Data i ( ) Final DOT approval on plat ( } Final action by the Planning Board O4F, ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 you of kg:410101..% i161-C71F1 V4) tV:4 4.0 • MEMORANDUM TO: Planning Board Members Prom: Warren Faircloth, Erosion Control OfficerLd Subject: Preliminary Stormwater Management Plan for Quinn Subdivision DATE: May 15, 1985 I have reviewed the preliminary design for the stormwater management plan of Quinn Subdivision and find that they meet the requirements of the Erosion Control Ordinance. As it states in the plans before final approval the engineering and field work will be needed. 0 bc i . . STORMWATER MANAGEMENT REPORT Pil FOR SITE OF °QUINN SUBDIVISION I . SR 1103 OFF BETHEL CHURCH ROAD(SR 1104) BINGHAM TOWNSHIP ORANGE COUNTY, N.C. 111 APRIL 1985 PROJECT NO. 28503 Ell PREPARED FOR: • LIN MINSHALL 43 DAVIE CIRCLE CHAPRL HILL, N.C. 27514 4%VA ni2z# efi,',417.97% 4S - IQ. IA . SEAL 1 I . "t* Otr.;.11 Ili. 4. • A*471).W4144°I'‘-' g-217-55 PREPARED BY: PHILIP POST AND ASSOCIATES, INC. - ENGINEERS/PLANNERS/SURVEYORS CHAPEL HILL, N.C. 111 k, . . , JOB 051 av,„1_61, . -5..)urip,/,,,t0,...1 • . PHILIP POST & ASSOCIATES, INC. SHEET NO. I OF . . Erigineers/PIanners/Surveyors CALCULATED BY V 1.•#.L.,+-4. DATE .7 ZZ-IS'Ir•- ," . 100 Eastowne Drive Suite 208 eNP 3-z7-8 r • CHAPEL HILL, NORTH CAROLINA 27514 CHECKED BY DATE (919)929-1173 493-2600 4pLAI hit? SCALE i 1 i = = ' I I I I 1 . , i . , i .. 1 , 11 : 111111 . 1Ii ; : • , 1 ! i ; , .... ...L. ! 1, 1 -I- ; .. .-1' 1 il- 1-- --t i i 11 1 ! 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APP'si.191Y- a ••• l ''' .. \',.. - ' k...(,. 550(.•-•,_,,. . -. -, J. •. -,-.. _ . , ...„, . • • -...• , .-\ - . • . v,,;:,, . ••• . 5/x/15 R/INfitIC 101# /0711)6 ANIe 60.,0, 9 VOTE: Unanimous. li.T,Agenda Item 08k) Quinn Subdivision - Preliminary Presentation by Smith The purpose of this agenda item is to consider approval of the preliminary Plan for Quinn Subdivision. The property in question is located in Bingham Township off Jo Mac Road (SR 1103) . It is known a Lot 7T, Tax map 21. There are 4 lots proposed out of approximately 10.7 acres. Two *lots are 2.5 acres each, one lot is 2.6 acres and one lot is 3.1 acres. The property is zoned R-1 and Protected Watershed-II and is designated Rural Buffer and water supply watershed (University Lake) in the Land Use Plan. A stormwater management report prepared by Philip Post and Associates has been submitted. The applicant is requesting a Class C private road (Ryan Road) for the subdivision. The addition of 4 lots to this area could add approximately 27 trips per day to Jo Mac Road. A 1984 Department of Transportation traffic count on Jo Mac Road indicated 100 trips per day. The addition of this subdivision would have a minimal impact on this area. The property is located in the University Lake Watershed. A maximum impervious surface ratio of 6% applied to each lot is shown on the plat. The stormwater management plan was prepared by Philip Post and Associates, Inc. The Planning Staff recommended approval subject to the condition that a Class "B" private road be constructed to serve the subdivision and that access for Lot A be restricted to Ryan Road. Gordon asked why staff recommended a Class B road. Smith responded B served 4 lots. Yuhasz asked if access to Lot A should be restricted to Ryan Road. Smith responded yes and recommended that a condition to that effect be added. 057 10 Yuhasz asked if ahouse was located on Lot A. Smith responded not to her knowledge. MOTION: Kizer moved that access to Lot A be restricted to Ryan Road. Yuhasz felt this penalizes the developer. VOTE: For - 8. Opposed - 2 (Shanklin, Yuhasz) . Motion carried. MOTION: Yuhasz moved approval of a Class C road. Shanklin seconded the motion. VOTE: 6 in favor (Kizer, Pilkey, Margison, Greenberg, Yuhasz, Shanklin) . 4 opposed. Motion carried. MOTION: Pilkey moved to extend the meeting to 11:00 p.m. Greenberg seconded the motion. VOTE: Unanimous. Shanklin left at 10:30. Greenberg asked when the detention pond would be shown on the plat. Smith responded on the Final. MOTION: Yuhasz moved approval with a Class C Road and the restriction that Lot A access be from Ryan Road. Pilkey seconded the motion. • VOTE: 7 in favor. 2 opposed (Best, Gordon) Agenda item 481 O.T. Farrington Family Lands - Minor Subdivision- Class A Private Road Presentaion by Smith The purpose of this agenda item is to consider approval of a Minor Subdivision with a Class A Private Road for the properties of Curtis Farrington, 05E ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 3, A985 Action Agenda Item # ( ..5 SUBJECT: INDIAN SPRINGS - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X , No Attachment(s) Information Contact: JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN Draft 5/20/85 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Indian Springs Subdivision. To receive the May 20, 1985 Planning Board recommendation. NEED: The property in question is located on SR 1005 (Old Greensboro Road) in Bingham Township. The property is referenced as part of Lot 16 of Tax Map 38. It is bordered by agricultural and residential development. The tract is designated as Agricultural-Residential on the Land Use Plan. There are twelve (12) lots proposed out of 20.14 acres. The lot sizes are 3 @ 1.3 acres, 2.7 acres, 4 @ 1.6 acres, 2.2 acres, 1.7 acres, 1.5 acres and 1.4 acres. The property is zoned A-R (Agricultural-Residential) . The applicant is requesting approval of a Class "B" private road with access to SR 1005, a road designated as an arterial street in the Land Use Plan. Fire protection for the property in question is provided on a joint volunteer basis by the North Chatham Fire Department of Chatham County and the Eli Whitney Fire Department of Alamance County. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis. IMPACT: Development of this subdivision would have minimal impact on the area. O 5E INDIAN SPRINGS - PRELIMINARY PAGE TWO MAY 20,1985 RECOMMENDATION: The Planning Board recommends approval with he conditions listed below. The Planning Staff recommended approval with the conditions listed below with the exception that a public, state-maintained road be provided to serve the subdivision (See #4) . (1) a control corner be shown on the plat (2) indicate the lot area outside of the right-of-way and label as such (3) indicate on the plat that no activity will be allowed inside of the 50' stream buffer (4) a Class "Be private road be constructed to Orange County Road Standard as requested by the applicant. (5) the Road Maintenance Agreement include a stipulation which would allow the adjoining tract (Lot 16A) , upon developing the tract, to use the easement (private road) . APPLICANT: IN/ r• MARK. 06C INDIAN 5PR.ItauD 1 zoNIVCr: A-P (A{,>JeuzIARAL`RESiDEA1) !AP D siGaA'noN: AG10 cuL-ruwtL-PAsOLIMAL., ___ 6A 1005 OW J --r=-'"' .z Gfz�EN513nAO ROAD �.. .-..--. 0 .9839 4•. tZ3If•• •�._..-. e j22 AC. 4417./ •5130 0.•--. ' 'N 780,0 • r 20.9 AC. �� .6763 b - ... )101 y n q� 37 1- 1 1 7126 17 68 SCALE : 1" -iloo'-O" N - 7 ra.co 165.13 AC. MAJOR SUBDIVISION CHECKLIST NAME OF SUBDIVISION Indian Springs OWNER OR DEVELOPER Tony F. Clark ADDRESS Route 12. Box i Chapel Hill HC 27514 PHONE: •929-6758, 279-6758, 837-5162 TOWNSHIP • Bin hcam TAX MAP 38 BLOCK - LOT p/o 16 NAME OF SURVEYOR OR ENGINEER F�eeiie 1-d-6asd S.0 rve; -,—!n c, Total number of lots i2 To be developed in 1 phase(s) . Total number of acres 20.14 Typical dwelling units at present or proposed X WATER 'SUPPLY: Public (Name) Commnuity Individual SEWAGE TREATMENT: Public Community Individual Septic tank X SCHOOL DISTRICT nrang��lzEt�11~Y FIRE DISTRICT_ North Chatham. E l i Wh i tney Access onto State Road #_ 1005 Road Standard: Publid or Privdte" Class A , B X , C Existing critical areas such as streams ( ), Flood prone areas ( ), Watershed ( }, Historic Sites ( . } , Other ( ) Explain: Land uses in the general area Agricultural , Residential SKETCH PLAN RECEIVED (Date} 4-9-85 Approved ( ) Recommended Changes ( X) PRELIMINARY PLAN RECEIVED (Date) 5-3-85 REVISED PRELIMINARY PLAN RECEIVED, (Date) Preliminary Review by Health Department Ron Hoidway 5-10-85 Erosion Control Officer• - - Board of Education. - Department of Transportation Irm OWASA Cif possible) Other -Mebane (if possible) .-Hillsborough (if possible) -Orange/Alamance (if possible) Preliminary Action by the Planning Board Recommended approval with conditions on 5-20-$5 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ( ) Road Maintenance Agreement submitted (where applicable). Approved ( ) Improvements. have been provided for; completed; bond, letter of credit, cash. Date { ) Final OWASA approval (where applicable) on all plans & specifications, Date ( ) Final DOT approval on plat ( ) Final action by*the Planning Board. rrp,r7, 17\ 3-/evio- phowAN&ow)Mm/01Z5 0 Development of this subdivision wou3d have minimal impact on this area. The Planning Staff recommended approval of the Preliminary Plan subject to Health Department approval of each lot. This approval was received May 16, 1985. Greenberg inquired about the remainder of the property. Atwater responded it was divided into 10+ acre lots. Pilkey inquired if these lots would exit onto NC 57 and Smith responded yes. MOTION: Kizer moved approval. Seconded by Shanklin. VOTE: 9 in favor. 1 opposed (Best) Agenda Item 08i) Indian Springs - Preliminary Presentation by Smith and Atwater. The purpose of this agenda item is to consider approval of the Preliminary Plan for Indian Springs Subdivision. The property in question is located on SR 1005 (Old Greensboro Road) in Bingham Township. The property is referenced as part of Lot 16 of Tax Map 38. It is bordered by agricultural and residential development. The tract is designated as Agricultural-Residential on the Land Use Plan. There are twelve (12) lots proposed out of 20.14 acres. The lot sizes are 3 @ 1.3 acres, 2.7 acres, 4 @ 1.6 acres, 2.2 acres, 1.7 acres, 1.5 acres and 1.4 acres. The property is zoned A-R Agricultural- Residential) . The applicant is requesting approval of a Class "B" private road with access to SR 1005, a road designated as an arterial street in the Land Use Plan. Fire protection for the property in question is provided on a joint volunteer basis by the North Chatham Fire Department of Alamance County. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis, 6 Development of this subdivision would have minimal impact on this area. Planning staff recommended approval of the plan subject to the following conditions: • (1) a control corner be shown on the plat (2) indicate the lot area outside of the right-of- - way and label as such (3) indicate on the plat that no activity will be allowed inside of the 50' stream buffer • (4) a Class "A" road be constructed (corrected by staff) . (5) the . Road Maintenance Agreement include a stipulation which would allow the adjoining tract (Lot 16A) , upon developing the tract, to use the easement (private road) . Smith noted a correction to staff recommendation in condition #4 to read a publicly dedicated road constructed to state standards. Bob Epting, attorney representing the applicant Tony Clark, spoke to the Board about road requirements. He felt there was confusion with regard to private road standards. His client wanted to make use of the road already existing and keep it on the high side of the property, away from the stream. The restrictive covenants proposed would restrict the use and maintenance of the road to the eight lots. He addressed the issue of road "service". They are requesting a Class B road, but providing a 60' right- of way so that the owner could eventually widen it to state standards if they so desired. A Class B road would cost the developer about $8500 to $9000. If paved, it would cost about $50,000. This would increase the cost of the lots by about 40%. Smith clarified that state road requirements require only a 50' right-of-way. Smith noted that the Subdivision Regulations assumes that a road constructed to serve a subdivision 3s to be a public road but that a private road may be alllowed if certain criteria outlined in the Subdivision Regulations are satisfied. The two decisions to be made are whether the road should be 0641 7 public or private and secondly, if private, what class (A,B,C) road is required. Kizer expressed concerns with allowing more than one access onto Old Greensboro Road. He recommended redesigning the subdivision to provide a single point of ingress/egress. Epting expressed concern about the creek and ravine on the property. Greenberg noted the stream was not indicated on the checklist. Yuhasz felt that even though there were 12 lots in the subdivision they would not all be served by this one road and that 10 was not a magic number. Smith reponded that staff reviewed all the criteria for determining if a private road may be allowed in determining the staff position on a public, paved road. NOTION: Kizer moved that the plan be redrawn to have all the lots access a single road. Seconded by Pilkey. Epting noted that this redesign would involve more land disturbing activity. There would also be a considerable amount of timber that would have to be cleared. He noted a small road already exists where the proposed road is located. Kizer suggested a route for the road that would access all the lots onto a single road which would then exit onto Old Greensboro Road. Epting felt there would be land disturbing activities ' and that it would threaten the stream. Kizer was concerned that this was not a good place to bring more traffic out onto Old Greensboro Road. Tony Clark, owner, spoke regarding the tree line that exists and is maintained with the way the plan is now drawn. He was concerned with the timber clearing that would take place, as well as an increase in development costs, he felt the beauty of the property would be greatly disturbed. He felt the old farm road already there was in the best location. He noted there was not much development along this stretch of the Old Greensboro Road. Gordon inquired about the staff position. Smith responded staff had reviewed these concerns with the applicant. 06E 8 VOTE: 5 in favor. (Margison, Pilkey, Walters, Kizer, Kramer) 5 opposed. Motion failed. MOTION: . Shanklin moved that. Planning Board recommend a Class • B private road. Seconded by Yuhasz. VOTE: 7 in favor. 3 opposed. (Best, Kizer, Gordon) MOTION: Greenberg moved approval with conditions 1,2,3, & 5 as stated by staff and the recommended Class B private road. Seconded by Shanklin. VOTE: 7 in favor. 3 opposed. (Best, Kizer, Gordon) Agenda Item #8j) Nanco Woods - Preliminary Presentation by Smith. The purpose of this agenda item is to consider approval of the Preliminary Plan for Nanco Woods subdivision. The property in question is located in Chapel Hill Township on Ridgewood Road. It is known as Lot 14A, Tax map 118. There is one 2.3 acre lot being created from the 7.3 acre tract. The property is zoned R-1 an Protected Watershed-II and is designated Rural Buffer and Water Supply Watershed (University Lake) in the land Use Plan. The lot has state road frontage and is served by the South Orange Fire District. The property is located in the University Lake Watershed. A maximum impervious surface ratio of 6% applied to each lot is shown on the plat. A stormwater management plan is not required for new subdivisions of three lots or less. The addition of one 2.3 acre lot will have minimal impact. The Planning Staff recommends approval. MOTION: Greenberg moved approval. Seconded by Shanklin. 06€ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date 'lune 3, 1985, Action Agenda Item A 174.1 SUBJECT: STORMY ACRES - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING ___Yes K No •■■•••••.". Attachment(s) Information Contact: EDDIE KIRK Checklist Vicinity Map Preliminary Plat • Draft 5/20/85 Planning Board Minutes Telephone Numbers • Hillsborough - 732-8181 ' Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Stormy Acres subdivision. To receive the May 20, 1985 Planning Board recommendation. • NEED: The property in question is located in Chapel Hill Township off Davis Road (S.R. 1129) . It is known as Lot 29, Tax Map 1. There are 6 lots proposed out of approximately 10.9 acres. The smallest lot proposed is 1.4 acres while the largest lot is 2.8 acres. The property is zoned A-R and is designated Agricultural-Residential in the Land Use Plan. The applicant is requesting a Class A road to serve the six lots. IMPACT: The addition of 6 lots to this area could add approximately 40 trips per day to Davis Road. There is no traffic count data available on Davis Road. However, the addition of this subdivision would have a minimal impact. RECOMMENDATION: In addition to the 6 lots proposed, 4 other tracts are served by this road. Based on this information the planning staff recommended that the road be constructed to N.C. • Department of Transportation standards from Davis Road to the cul-de-sac. The Planning Board considered a main motion for approval of the subdivision with a Class A road. The motion failed on a 3 - 7 vote. The subdivision is forwarded with a recommendation for denial if considered without a condition for a public road constructed to NCDOT standards. CI.EM .101ANSUN 48 59`P 1 80 7 ,fl93T t 03 At;. ' 145 AC• � •~s O¢��,G 2TA STORMY ACRES ancy ;eripesta 1 45.s APPlicant: N 10.28AC- Zoning: A- Agricultural A LUF Designation: Re idential zTC 23 f + ' Scale: }�t- 4Q0 .9904 �� 44.4 5AC -� 1 11.0 6 AC N 23A AC. �� V 8366 �?�99 23B 33 1 2cc t 5AC ?b AC 1 t 92 6T 85 Ily/c " e 25A iOD4 2$ SEE MAP 18 ' r I i 9841 , :26 .32� �''�\ STEEPBOTTOM ''�.�� 1214 AG. 15.13 AC-t . RUN l ,�� 6436 37 AC. � "'� �__-..._ -- _',,�/�}�11 v ..�--•--�'"� .t.aaRre caFtc x58 tv' 9345 4.28 AC.- I ( f 25 .6331 i1 r 4.26 AC 325 AC. g 96.1 A 4i88 / •5 C ! 1 f?A 6522 MATCNT LINE 3.001 AC. 8198 _ -�."'� '�-.� -•-� 35 AC. �� 1 664 � A. MAJOR SUBDIVISION CHECKLIST NAME OR DEVELOPER Nancy Tempesta OF SUBDIVISION Stormy Acres Work'942-2950 . 967-1759 ADDRESS Rt.- 11, Box 302, Chapel Hill, NC -27514 TOWNSHIP 7 TAX MAP 1 BLOCK LOT 29 - 732-3883 Alois Callemyn - . NAME OF SURVEYOR OR ENGINEER 19.9 6 To be developed in phase(s). Total number of acres Total number of lots or proposed single family Typical dwelling units at present Commnuity Tndividual X WATER SUPPLY: Public (Name)' Name} Individual Septic tank SEWAGE TREATMENT: Public Community FIRE DISTRICT Orange Gro•Ve Rural' SCHOOL DISTRICT Oran""—" _, B , C Road Standard: Public or Private Class A X it--her( ) Access onto State Road # , Watershed (j, Historic Sites ( ) . Existing critical NIA areas such as streams ( ), Flood prone areas ( ) Explain: Land uses in the general area Residential & lJndevelo d SKETCH PLAN RECEIVED (Date) 3-11- 5 Approved ( ) Recommended Changes ( X) REVISED PRELIMINARY PLAN RECEIVED {Date) •PRELIMINARY PLAN RECEIVED (Date) 5-2-85 Erosion Control Officex Preliminary Review by health Department 5- -85 RUn Hollow Department of Transportation Board of Education 5-13-35 OWASA (if possible) -Mebane (if possible) Other -Hillsborough (if possible) -Orange/Alamance (if possible) Preliminary Action by the Planning Board 5/20/85 Motion for approval with Class A• road failed- Recommend preliminary Action by the County Coimnission FINAL PLAT RECEIVED (Date) ( } All lots were approved by the Health Department { } Lots failing Health Departments approval are combined le}r 1AAsptpYOVed properly on the plat { ) Road Maintenance Agreement submitted (where app ( ) Improvements have been provided for completed; bond, letter of credit, cash. Date { } Final OWASA approval {where applicable) on•all plans & specifications, Date ( ) Final DOT approval on plat { ) Final action by the Planning Board Q m 06E ORANGE COUNTY PLANNING DEPARTKENT ZULLSBOROUGH 1 NORM CAROLINA 27278 • ;eel c2i1 UT '44;1'1 rEj A. .0' • DRAFT PLANNING BOARD MEETING MAY 20, 1985 MINUTES MEMBERS PRESENT: Alice Gordon (Chair) , Sharlene Pilkey, Steve Yuhasz, Betty Margison„ Carol Walters, Chris Best, Steve Kizer, Peter Kramer, Valerie Greenberg(arrived at 7:40) , David Shanklin (arrived at 7:40) . MEMBERS ABSENT: Frank Pearson (excused) , Ruth Burnette (unexcused) 1 STAFF PRESENT: Marvin Collins, Susan Smith, Gene Bell, Joanna Bradshaw. C;47/xj /Wcpt.#4. *Agenda Item #8g: Stormy Acres - Preliminary Presentation by Smith. The purpose of this agenda item is to consider approval of the Preliminary Plan for Stormy Acres subdvision. The property in question is located in Chapel Hill Township off Davis Road (S.R. 1129) . It is known s Lo 29, Tax Map 1. There are 6 lots proposed out of approximately 10.9 acres. The smallest lot proposed is 1.4 acres while the largest lot is 2.8 acres. The property is zoned A-R and is designated Agricultural Residential in the Land Use Plan. 07C 2 The applicant is requesting a Class A road to serve the six lots. The addition of 6 lots to this area could add approximately 40 trips per day to Davis Road. There is no traffic count data available on Davis Road. However, the addition of this subdivision would have a minimal impact. In addition to the 6 lots proposed, 4 other tracts are served by this road. Based on this information, the planning staff recommends that the road be public ' and constructed to N.C. Department of Transportation standards from Davis Road to the cul-de-sac. Kizer inquired about suitability of the lots for septic tanks. Smith responded that preliminary Health Department approval was given on May 1, 1985 by Ron Hoidway. Yuhasz inquired about the requirement for a paved road. Smith explained that the position of the County was based on weighing the number of lots in the subdivision versus the number of lots served. Even though the number of lots in the subdivision satisfies one of the criteria for allowing a private road in that the subdivision is composed of less than 10 lots, there are more than 10 lots served by the road. Therefore, it is staff's position that a public road should be required. Yuhasz further inquired why staff did not recommend paving the rest of Scott Road. Smith responded that staff applied the requirement to where the subdivision itself, calling for the paving of the portion of Scott Road which led to the cul-de-sac and the cul-de-sac itself. Louis Callemyn, representing client, addressed the question of the number of lots served. Be noted that staff came up with 10 lots by counting what they considered to be tax lots served by the road. Callemyn, indicated that after having looked at recorded deeds and easements, he concluded that there are only 3 additional lots beyond the subdivision served by this road. Smith responded that staff counted 4 lots to be served by the road: lots 3, 12A, 12, and 2. Lot #3 is landlocked. Callemyn noted that the road did not touch Lot #3, He stated there was nothing his client could do about Lot #3 being landlocked. 071 3 Yuhasz felt it was unfair to require paving of Rutoni Road if it was only going to serve 4 lots. The other two lots are to be served by Scott Road. Kizer noted that the applicant was only being asked to pave the road along his lot frontage. He further noted that Lot 43 was not served directly by this road and that the matter was complicated by the fact that there was another possible access to the general area. Yuhasz asked staff which class of private road that subdivision should meet. Staff responded a class A private road. • MOTION: Shanklin moved approval as requested by the applicant (with a class A ) . Seconded by Yuhasz. Kizer inquired what would happen if the 50 acres to Davis Road were developed. Kizer questioned who • should bear the burden of paving the road. ■ Yuhasz stated bOrie was premature and that the ,144.1041 developer of this subdivision could possibly, at the time of a later subdivision, contribute to the cost 04,410 of paving of the road. Yuhasz felt it was a terrible penalty to set a requirement for paving the road at this time. VOTE: In favor 3 - Yuhasz, Shanklin and Kramer. ] Opposed 7 .‘■':%;1) Motion failed. OPP. Noting the motion wash for approval, Gordon indicated that the preliminary plan would go forward to the Board of Commissioners with a recommendation for denial without a condition for paved road. The motion did not separate the specific issue of road standard from the overall issue of • approval/denial of the subdivision. Kizer felt that the purpose of justice had not been fulfilled in this matter. Gordon stated that the record would show that there was only one point at issue in the discussion of approval/denial of the subdivision, namely, the issue ort. 4 of the road standard. Therefore the motion for denial should be interpreted as a recommendation for the inclusion of a condition for a paved road constructed to NC DOT standards in any approval of the subdivision. Furthermore, she indicated that it can be concluded from the record of discussion, which showed disagreement only on the road standard, that attachment of a condition for a paved road would remove the Planning Board's objections to approval. Gordon further stated that it was neither correct in terms of parliamentary procedure nor necessary in terms of expressing the . Planning Board's intent to vote again on the matter. Agenda Item 8h. Forrester Bend - Section Two - Preliminary Presentation by Atwater. The purpose of this agenda item is to consider approval of the Preliminary Plan for Section Two of the Forrester Bend Subdivision. The property in question is located on NC 57 in Little River Township. The property is referenced as part of Lot 18G of Tax map 25. It is bordered by agricultural and residential development. The tract is designated as Agricultural-Residential on the Land Use Plan. There are four (4) lots proposed out of 3.71 acres. The lot sizes are 2 @ .92 acre, .93 acre and .94 acre excluding rights-of-way. No zoning has been adopted in Little River Township. However, the Subdivision Regulations (Section IV-B-1-A) require a minimum lot size of 40,000 square feet where the lots are to be served by on-site sewage disposal and water systems, as is the case in this development. The property in question is located in the Orange Rural Fire District. The district is served by the Orange Rural Fire Department in Hillsborough. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis. The Planning Board approved the Final Plat for Section One of Forrester Bend on December 17, 1984. There were nine (9) lots proposed out of a 24.89 acre tract. The minimum lot size was 2.0 acres while the maximum lot size was 3.95 acres. A Class B private road was constructed which provided access to NC 57. This area is indicated on the tax map. ALOIS CALLEMYN r LAND. SURVEYOR 722D S. CHURTON STREET HILLSBOROUGH,.NORTH CAROLINA 27278 TELEPHONE: 732-3883 • • May 30, 1985 Mr. Marvin Collins Orange County Planning Department Orange County Courthouse 106 E. Margaret Lane 1 Hillsborough, NC 27278 RE: Nancy Tempesta's Subdivision: Stormy Acres Dear Mr. Collins: We are writing to express our concern over the unorthodox treatment of our clients subdivision application at the Orange County Planning Board meeting on May 20, 1985. We are referring to Ms. Nancy Tempesta's subdivision "Stormy Acres." Prior to the planning board meeting, we had both written and oral communication with you and other members of the Orange County Planning Board Staff to clarify our position on the subdivision and where we would compromise if "discussion" at the planning board meeting failed to get it approved as submitted. You assured us that if the points of compromise were raised at the meeting then they could be forwarded to the Board of Commissioners as "provisions for recommendation" of the subdivision. To our astonishment, review by the planning board on the Stormy Acres subdivision was abruptly ended by the chairman after discussing and voting on some digression. Indeed, some planning board members seemed to feel that they had never actually voted on approval of the Stormy Acres subdivision. In any case, we feel that we never had the opportunity to finish our presentation and discussion of alternatives. At this point, we are confused as to where we stand. Let us restate our position: Ms. Nancy Tempests is applying for a six lot subdivision with a Class A road. If the Class A road is not approved per six lots, she will fall back to a 5 lot subdivision by combining two of the lots. M1 M~ —2— r, At what point will discussion on our position be allowed and what is the time frame toward final approval if we have to make the above indicated revisions? Your prompt reply would be greatly appreciated. Sincerely yours, Alois_Caliemyn, R.L.S. AC:sld pc: Orange County Commissioners 07 -41 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date JUNE 3, 1985 Action 4enda Item # Li SUBJECT: 0. T. FARRINGTON FAMILY LANDS - MINOR • DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: SUSAN SMITH VICINITY MAP JANET VAN HANDEL SKETCH PLAN Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of a Minor Subdivision with a Class A Private Road for the properties of Curtis Farrington, Tax Map 29 Lot 25 and 28 in Bingham Township. The properties front on Excel Lane. To receive the May 20, 1985 Planning Board recommendation. NEED: The properties in question are located in Bingham Township of NC 54 and are referenced on Tax Map 29. Several lot owners along this road desire to subdivide their property. All of Lots #21-31A are property of the 0. T. Farrington Family. Each 7 acre and the 16.5 acre tract were created before Subdivision Regulations went into effect. Therefore, each of these lots can request a minor subdivision. At this time a 50 foot easement across all lots can be obtained. The property owners would pursue approval of minor subdivisions if the road would be considered a Class A gravel road. If the road is required to be paved, the cost of paving would prohibit any new lots from being created. It is anticipated that all new lots would be sold or given to family members. The Department of Transportation requires that there be at least 2 occupied houses per tenth of a mile (average along the length of the road) for a subdivision road to be eligible for state maintenance, if the road is brought up to state standards. The length of this road (including its proposed extension) is .366 miles. There are 8 existing homes served by Excel Lane or approximately 2 homes per 1/10 of a mile. 074 0. T. FARRINGTON FAMILY LANDS - MINOR SUBDIVISION - CLASS A PRIVATE ROAD PAGE TWO MAY 20, 1985 IMPACT: Approval of a Class A private road (gravel) would result in subdivision of some of the lots. RECOMMENDATION: The Planning Staff recommended approval of a minor subdivision served by a road dedicated public and constructed to state-maintained paved road standards. The Planning Board recommends approval of a minor subdivision served by a Class A road. 6 . , ---,........ ------...... .............. 0 7 E. 42, ININN A ' V ate-a7 TEri2 .. C) *----------. ...,...... ------. 4;.1.11111 . I t 1 Eg t C.) l 4'747 --......... -....„..... -......___ .............. ............... 1 1.084c- (17'gC,5"4.3-'--"--/.:4• v.i.6.-----'60.--- tclir:.;44.1....., "4'.8:Ct 3" 690107/ 85 l . 29.62 AC. i 6.47 AC. /AC cto 0 ow-4'm% 0 -":"". ''• 864dig . . 0 . . 7496 *. I / I5.78 ® €3 A. 12.493 AC. / 4C, ' I / ... , 0 ...iie. k 4 5991 0, 2 0 ..• 7 AC. /7 Ai C.12Al2.11IEWasuu.szo ‹t 473 0') .1' 24 4616 1 , A 9511 0 '11 1-- RP_Eh_LA_zF.LR_Q.a.rL__ „, ..244Cajziziza___zia_1:1A /U 225 '.....,...... ftelmor ° I 7AC 40 . 1 low C) §§ Egekionede5 g<1,57/1q 3 V hall5e4fre,36ikjA017k5 A ' 7AC. ossec) 0 - .56-• s et 7 © 07.5 AC. ' ...,. . 3429 '.,` -.i. . mei .- ‘.. .` 1, :,.:_ .. I 4%i / Cm....1* X. , A t 7AC. N. 1 t025C) 7-111 , .... 2 &.... . •:' . . ‘‘,..—' e i- . ,,....Lar,,c,......., , ....... il, -.,_.,-.. i• , ( • 4, 4 / —I II I ?AC, eui 2 ; 1 - .t. m, '' ‘,,.t.I.J.f....-__\ 60 9 • . • 9 ' Wit T O'S \ 1 (I , ..' ■Vi, -- . \ . • 1 ... -ep .7AC 1361 /er 7 . •. . .., j44,01% t. ePar I! 07E 5-A/g5- RifitimA/6- apb2.6 Afrivo7e) 10 Yuhasz asked if ahouse was located on Lot A. Smith responded not to her knowledge,. MOTION: Kizer moved that access to Lot A be restricted to Ryan Road. Yuhasz felt this penalizes the developer. VOTE: For - 8. Opposed - 2 (Shanklin, Yuhasz) . Notion carried. • MOTION: Yuhasz moved approval of a Class C road. Shanklin seconded the motion, VOTE: 6 in favor (Kizer, Pilkey, Margison, Greenberg,. Yuhasz, Shanklin) . 4 opposed. Motion carried. MOTION: Pilkey moved to extend the meeting to 11:00 p.m. Greenberg seconded the motion. VOTE: Unanimous. Shanklin left at 10:30. Greenberg asked when the detention pond would be shown on the plat. Smith responded on the Final. MOTION: Yuhasz moved approval with a Class C Road and the restriction that Lot A access be from Ryan Road. Pilkey seconded the motion. VOTE: 7 in favor. 2 opposed (Best, Gordon) *Agenda item 081 O.T. Farrington Family Lands - Minor Subdivision- Class A Private Road Presentaion by Smith The purpose of this agenda item is to consider approval of a Minor Subdivision with a Class A Private Road for the properties of Curtis Farrington, O77 11 Tax Map 29 Lot 25 and 28 in Bingham Township. The . properties front on Excel Lane. The properties in question are located in Bingham Township of MC 54 and are referenced on Tax Map 29. Several lot owners along this road desire to subdivide their property. All of Lots 021-31A are • property of the 0. T. Farrington Family. Each 7 acre and the 16.5 acre tract were created before Subdivision Regulations went into effect. Therefore, each of these lots can request a minor subidvision. At this time a 50 foot easement across all lots can be obtained. The property owners would pursue approval of minor subdivisions if the road would be cosidered a Class A gravel road. If the road is required to be paved, the cost of paving would prohibit any new lots from being created. It is anticipated that all new lots would be sold or given to family members. The Department of Transportation requires that there be at least 2 occupied houses pen tenth of a mil (Average along the length of the road) • for a subdivision road to be eligivle for state maintenance, if the road is brought up to state standards. The length of this road (including its - proposed extension) is .366 miles. There are 8 existing homes served by Excel Lane or approximately 2 homes per 1/10 of a mile. Approval of a Class "A" private road (gravel) would result in subdivision of some of the lots. Planning staff recommended approval of a minor subdivision to be served by a road dedicated public and constructed to state-maintained paved road standards. The staff was requesting that the Board address this issue of the road only. A minor subdivision served by a Class A road (as required here by the number of lots served) must receive Board approval of the Class A road. Curtis Farrington informed the Board that the property would not be sold, but was family land. Only 7 lots, were currently being used. Subdivision is of 10 to allow transfer of property to their children and the expense of upgrading the road is tremendous. He indicated he was acting as a spokesperson for the community. _ _ _ 12 He continued that they would like the road to remain as it is, grvel with a 20' easement and requested that the Board give a variance for that. Kizer responded variances cannot be granted to Subdivision Regulations. Smith clarified the Board could only allow a 25' partical width right-of-way of full 50' easement. Yuhasz asked which lot is to be subdivided. Smith identified Curtis Farrington's lots, but noted that other owners were interested in subdividing. Farrington responded he did not want or need to subdivide. Margison asked if the road allows for emergency vehicles access. Farrington responded yes. Gordon asked if a limit on the number of lots could be set. Smith asked what number is appropriate. Yuhasz noted that at some point the road needs to be paved. Farrington asked why a variance could not be granted. Smith explained that the law does not allow variance to the Subdivision Regulations. Farrington asked why a public road was required. Smith responded because of the number of lots served. Farrington noted that this was family property. Smith responded that ownership could not be guaranteed over time. Walters noted most financial institutions require a 50' right-of-way for lending purposes. Gordon noted there was a question whether at issue was subdivision of Curtis Farrington's property or subdivision of all of the lots of record. MOTION: Kizer moved approval of a Class A road. Pilkey seconded the motion. VOTE: 8 in favor. 1 opposed (Gordon) . Kizer noted this decision on the road class was a compromise. 1 07E ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1. 1985 Action Agenda Item # Gr SUBJECT: WAIVER OF LAND USE PLAN POLICY 11.6 CONCERNING PACKAGE SEWAGE TREATMENT PLANTS DEPARTMENT: PLANNING PUBLIC HEARING Yes .JL No Attachment(s) Information Contact: GENE BELL COPY OF POLICY 11.6 COPY OF POLICY 11.4 CORRESPONDENCE LOCATION MAP LAND USE PLAN MAP Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: A request for waiver of Land Use Plan Policy 11.6 has been requested on behalf of Calvander Mobile Home Park (Chapel Hill Township, Tax Map 110, Lot 16) as the first step in permitting installation of a package wastewater treatment plant to replace the failing mound septic system. Waiver of the policy is requested on two points: (1) To allow a plant with a design capacity of 10,000 gallons per day. Policy 11.6 limits such systems to 3,000 gallons per day: and, (2) To allow the package plant in a RURAL BUFFER area. Policy 11.6 states that such plants be allowed only in 10 and 20 YEAR TRANSITION and RURAL RESIDENTIAL areas. Land Use Plan Policy 11.4 needs to be considered also since it could possibly be the controlling policy for this request. Its requirements seem to be met. (1) the mobile home park lies in a RURAL BUFFER area; (2) it has restrictive soils as referenced in Mr. Robinson's letter; and 0 8 C WAIVER OF LAND USE PLAN 11.6 PAGE TWO JUNE 3, 1985 (3) application has been made for a discharge permit from the Division of Environmental Management as referenced in Mr. Mitsch's letter implying state approval of the system. A determination will have to be made as to whether or not the permitted use of package plants is implied in the language of the policy. NEED: The mound septic system currently serving the mobile home park is failing badly and creating a public health hazard. The site is not suitable for other types of on-site sewage disposal and is outside of OWASA's service area. A package plant seems to be the only feasible solution. IMPACT: This is the first request for waiver of a Land Use Policy. Normally, such a request would be submitted in the form of a principal amendment to the Land Use Plan to be considered at the February Public Hearing. A question exists however, as to whether a plan amendment would be necessary given policy 11.4 which seems to imply that such systems are permissible under certain conditions. If the Board decides Policy 11.4 applies in this case, questions such as the financing of such a system, additional "tap-ons", long-term operation and maintenance responsibility, and removal and disposal of sludge needs to be addressed by the Orange County Health Department or the N.C. Department of Natural Resources & Community Development, Division of Environmental Management. If the Board decides 11.6 to control in this situation a determination would have to be made as to whether a Land Use Plan Amendment should be required or a waiver of the policy granted. If a waiver is granted, the implications of similar requests needs to be considered, i.e. , a process for the approval of waivers from Land Use Plan Policies. Such waivers might be approved only in cases involving adverse effects or impacts to the public health, safety, or general welfare. RECOMMENDATION: As the Board decides. ()iii 10.3 Designate prime reservoir sites, based on an evaluation of water resources throughout the County, to protect those areas 11 from adverse_development impacts and to insure that inapprop- riate restrictions are not placed on a large proportion of - - the land area and land resources of the County. 10.4 Support programs which help to protect water qunlity, such as the Soil Conservation Service and Sedimentation and Erosion . . Control Programs. . . • 10.5 Encourage efforts to =niter the quality of water in Orange County streams. 10.6 Cooperate with other public and private bodies in promoting water quality legislation and programs. 10.7 Supporteducational efforts which serve to increase citizen . understanding of water quality problems and the need for water conservation.. 10.8 Commercial and industrial uses are inappropriate in the Univer- sity Lake watershed. . . • 11 ' - 10.9 With the exception of Activity Node BB-5, commercial and in- dustrial uses are inappropriate within the Proposed Cane Creek watershed. 11 . 10.10 Direct urban development pressures in the I-85/U.S. 70 can.' i. ridarin the Upper Eno watershed in Cheeks Township to the McGowan Creek sub-basin and away from the Seven Mile Creek 3 sub-basin k: in accordance with the Water Resources Task recommendation. 1 3 GOAL ELEVEN: Adequate and appropriate sewer disposal facilities for all , current and. future residents. 3 . 11.1 Identify the type of sewage disposal facilities appropriate for an area as a function of the magnitude of present and future demand; the distribution of users; and the capacity 11 of-the natural environment to absorb the impact. 11.2- Identify service by centralized water and sewer systems - • (Towns of Hillsborough and Mebane, Orange-Alamance Water fil Systems Incorporated and Orange Water and Sewer Authority) as most appropriate at the higher-density levels which occur - - -- in the Urban and Transition Areas. ; • - .... - di. II • . 11.3 Develop a process to ensure that buyers of property in the County are fully informed about the on-site sewage disposal characteristics of the sites on their property. 11.4 - Allow on-site disposal in low-density and rural areas where soil conditions are acceptable. In rural areas with unae- II eeptable soils state-approved on-site sewage disposals systems . will be required. 11 . 3.5-8-- • . . . 0 8 2 11.6 Allow ground absorption sewage disposal systems of 3000 gallons per day or more design capacity and package sewage treatment plants with a design capactiy of 3000 gallona per day or less as appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential. 11.7 Develop and implement a process whereby the responsibilities and duties adjunct to the operation and management of package sewage treatment olants are specified as a reouirment to the permittinm process for such facilities. AMENDED 11.8 Prohibit nackagre sewage treatment plants in the areas designated 4/2/84 Water Supply Watershed. 11.9 Establish an on-site wastewater treatment inspection program within the portions of water supply watersheds designated as Water Quality Critical Areas. • GOAL TWELVE: An efficient and balanced transportation system. 12.1 Improve and promote the use of exiating highway and transportation facilities as opposed to developing extensive new conventional • transportation syatems. 12.2 Encourage arrangements of land uses that facilitate the expanded use of non-auto modes of travel; the increased occupancy of Autos and the development and utilization of an energy-efficient trans- port system.. • 12.3 Develop alternative, safe, energy-efficient transportation sys tems to discourage dependence on automobiles. Encourage the pro- visions of bikeways, walkways and supportive facilities such as bicycle parking zones. Wherever feasible, acquire pedestrian and bikeway easements with public utility easements as long as the primary use of the easement will remain intact. 12.a Improve transportation services for human service agency clients • in the County through coordination and utilization of available ' resources, while maintaining or reducing present system costs. Encourage the use of private transportation providers as part of the human services system in addition to serving the needs of the general public. 1 12.5 Encourage DOT to reassess the need for I-40 and the corridor selec- ted with respect to its human and natural environmental impact on the County. 12.6 Undertake a feasibility study to (1)-determine the level of need for a general aviation facility to serve the County and (2) examine locational alternatives for a facility given a determination of sufficient need. 12.7 Develop a Highway Classification System to classify major roads by function for purposes of effective long range planning including the evaluation of highway capacity. The functional classification includes: Interstate, arterial, collector,. subcollector, minor, local, nrivate and alley. Environmental Designs and Consulting 08 .4 Route 9, Box 369 Chapel Hill, North Carolina 27514 (919)967-5273 Mr. Donald G. Willhoit Orange County Board of Commissioners 106 East Margaret St. Hillsborough, NC 27278 May 15, 1985 Dear Mr. Wilihoit: Mr. Berry Roberson, owner of the Calvander Mobile Home Park, has contracted Environmental Designs and Consulting, Inc. (EDAC) to handle all matters related to rectifying the wastewater disposal problem at the park. We are currently finalizing plans to install a package wastewater treatment system on the site. It is our understanding that in order to install such a system, the Board of Commissioners must grant a waiver of Policy 11.6 of the Orange County Land Use Plan. The purpose of this letter is to present all information necessary to obtain such a waiver. The Calvander Mobile Home Park has been experiencing problems with their wastewater disposal system for some time. The existing disposal system is a low pressure mound system which was installed in 1980. The system is failing badly and creating both an esthetic and public health nuisance. Local and State regulatory agencies are in the process of implementing enforcement activities against the owner of the park. EDAC has investigated all possible remedies to this problem and has concluded that the most feasible solution is the installation of the package treatment system. Alternative subsurface disposal or connection with OWASA are not possible (see attached letters from Orange County Health Department and OWASA) . EDAC is in the process of finalizing plans to install the package system. The proposed system is manufactured by CLOW Corporation and is designed to treat 10,000 gallons of wastwater per day. An application for an NPDES Permit has been submitted to the NC Division of Environmental Management and approval of the application is anticipated in the next few weeks. The proposed system will meet all effluent guidelines imposed by the State, •including the phosphorus limitation of 1 mg/L. It has been proposed that the package system be installed on a site adjacent to the existing mound (see attached plan) . The system will be partially buried and enclosed with fencing. The existing mound will be removed. -1-)ECE E r.") kill4 OP 5 R5 1.-• 084 Installation of the package treatment system will resolve the wastewater treatment problem at the park. In addition, the appearance of the park will improve due to the removal of the failing mound. Appropriate landscaping around the package system will further benefit the site. For these reasons, we feel that it would be in the best interest of the County to grant a waiver of Policy 11.6 for the Calavander Mobile Home Park. If you have any questions or need additional information regarding this matter, please contact me or Travis Blake. We appreciate your prompt response to this request. Thank you. Sincerely, Barry F. Mitsch Vice-President, EDAC BFM/bbc Enclosures cc Susan Smith • .08E, .._• • 300 W.Tryon Street • Hillsborough.N.C.27278 732.8181 732-9361 ext.305 Chapel Hit line 967.9251 1. HEALTH DEPARTMENT • 968.4501 Mebane line 227.2032 Durham fine 688.7333 • 688-7331 Can Mill Mak'Suite 225 100.N.Greensboro Street • Carlton,N.C.27510 942.4168 • Jerry Robinson,M.P.A. S'- Director January 10, 198 • Travis Blake Environmental Designs and. Consulting Route 9, Box 369 Chapel Hill, NC 27514 • RE: Calvander Mobile Home Park • • Dear Mr, Blake: • The experience of Barry Roberson in disposing of sewage from his Calvander • Mobile Home Park during the past five to six years has been negative. He has spent considerable.money on various subsurface disposal systems that have all failed. His latest attempt is a low-pressure mound whose design and licensing was approved by Natural Resources and Community Development, Division of Environ- mental Management. The mound is badly malfunctioning despite repair attempts and as a result Mr. Roberson is being summoned to Court to be accountable for the resultant health hazard. My department, upon Mr. Roberson's request, thoroughly checked his property for possibilities'of subsurface disposal. We have found that the soil. and topo-- graphy to be so restrictive that the most he could accomplish would be low-pressure • ground absorption of the effluent from two mobile homes. • Sincerely, Q1CILL>z rr) Robinson Director JR:mw cc:. Tony Laws Attorney A. .B. Coleman, Jr. • Wayne Mumden Barry Roberson • • 08t Orange Water and Sewer Authority 406 Jones Ferry Road COWASA I P.O. Box 366 Carrboro,NC 27510 (919)968-4421 January 8, 1985 Thomas D. Higgins, III, Esquire Midgette, Higgins, Frankstone A Graves 870 Airport Road Chapel Hill, NC 27514 Dear Mr. Higgins: The sewage disposal problem at Calvander Trailer Park has been discussed with Mr. Berry Roberson. The Calvander Trailer Park is located outside the area to which Orange Water and Sewer Authority now provides service. Therefore, as Mr. Roberson has been advised by Wayne Munden and myself, OWASA cannot provide sewer service to the trailer park at this time We are examining how a comprehensive plan can be developed to provide sewer service for this area However, due to the location and size of the trailer park it is unlikely that public sewer service will be available• or economically feasible for this facility in the foreseeable future. VeryCtzrily yours, /,#(. $A.,C/eilet~t10.4,V Everett Billingsley Executive Director mw cc: Mr. Berry Roberson Mr. Jerry Robinson Wayne Munden An Equal Opportunity Employer I 14A I. p o c a ; 76.81 AC 7606 • /"� , — - 6273 • � F0*' . � � 14B 1.33 AC • c _ 4 0 r Qa , B o 80 . ., cr s8, 2 2•4.9: — ----•—._ - ' 3 '9567 a, , • a • • . 2 M 2AC *1,-, 2351 . 2 a !6 • 3.4 181.sg a 7 7 AC. • t 0 / 4 4 • • 50.,a9120 4 C,n g;155 -1 I q, AC > ;,,> 12C - (17‘) -.'U esd ; 1 '7' I 1 �cH:.� 58.75 AC. 0741 l--- l 1 I \ ; , 17A 1 1 I k'\\4 55A2 :54 i • `'���CALVAND t I + 3241 �� 1` i 4.20 r ,' i IAC. 68 `� > • t 88 . • i,�j. NCB C iJ C H rtD ' • ?796 `...' %'.�, r �\ --7 77r \ . • 2 r 68 AC CD) 19 °°° • 75 AC C A. /^ 1.24 1522 s:,.\; • AC s 90' PRIVATE R/W 's, '0/ /V . , r \( /� �'I.\. ,96, 23Bt 23 5967 - 2( \ ._.�' / 2 0.4.• gyp°�� zoo z Ar.. , 1800 .6709 I I �i - 7a4R Ar^ tri • • I 1 le • i Aii 4 6. 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PUBLIC INTEREST AREA • r".•.:m•vd,-,., 10 YEAR TRANSITION ED WATER SUPPLY WATERSHED ili1;:y§g§ 20 YEAR TRANSITION ACTIVITY NODES: WI RURAL BUFFER La COMMERCIAL TRANSITION • II RURAL RESIDENTIAL ra COM./INDUSTRIAL TRANSITION • -.:. 7 . AGRICULTURAL RES. 0 RURAL INDUSTRIAL 08E' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date JUNE 3, 1985 Action Agenda Item # 119 SUBJECT: PINEVIEW ROAD/PINEVIEW DRIVE (SR 2042-43) DEPARTMENT: PLANNING PUBLIC HEARING Yes JL No Attachment(s) Information Contact: SUSAN SMITH PETITION LOCATION MAP PRELIMINARY ASSESSMENT RESOLUTION Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Approval of the petition for the Pineview Road and Pineview Drive participatory paving project accepted as a paving project by the Board of Commissioners on July 2, 1984. NEED: Approval of the petition is required for completion of Orange County Participatory Paving Program procedures. The Pineview Drive/Pineview Road project is listed on the proposed DOT 1985- 86 Secondary Road Improvements Program. The road is also listed as priority #4 in the Orange County PPP Program. 13 of 16 property owners, or 81% of the property owners, owning 13 of 16 lots have signed the petition accounting for approximately 2113 feet of frontage or 78% of the total road frontage. The petition meets the criteria for eligibility to participate in the program. IMPACT Upon approval of the petition the assessment resolution and assessment roll can be prepared and public hearings on both items scheduled. RECOMMENDATION: Approval of petition. Adopt the Preliminary Assessment Resolution. Schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985. 0 9 C • • n'Af&V/E1A/ 141)Abli)R1VE te°aA" a VlCtNr'rY MAP • 091 NORTH CAROLINA ORANGE COUNTY PETITION FOR PAVING NORTH CAROLINA STATE ROAD(S) #2042 and #2043 ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE ,We, the undersigned, being property owners of land that will be assessed if a Final Assessment Resolution is adopted by the Board of Commissioners of Orange County providing for the financing of the local share of the costs of paving North Carolina State Road(s) 2042 and 2043, also known as Pineview Road and Pineview Drive, in Chapel Hill. Township, Orange County, North Carolina, and assessment by Orange County of the total local share of the project, which local share is estimated to be thirty-seven percent (37%) , do hereby petition the Department of Transportation to pave the above described roads and do hereby petition the Orange County Board of Commissioners to finance the local share of the cost of the paving of the above described road(s) . Tax Map, Block & Lot Number Name and Address Signature 115A. .5 Hattie James O'Neal Pine View Estates Rt. 4 Chapel Hill, NC 27514 115A. .6 Lillian Plummer Rt.4, Lot 20 7 ,v/ ( 114./. V _1,7 4c..74(..$7,.e.t., ,/ - I rtlIZ) 1 • 092 Pineview Estates Chapel Hill, NC 27514 , 115A. .8 Lorena Williams Johnson / “ / n 'Pi ' A 18 Pineview Estates Route 4 ...,: 'NZ./ ( o-Ka/44 gal Chapel Hill, NC 27514 115A. .9 Teresa Tilley Garcia e ,• Edgard() Garcia Rt. 4, Box 488 Sesame Rd. 1 Chapel Hill, NC 27514 ff a 115A. .12 Edward Weintraub 4- x. iE 41;a4 PO Box 1354 Chapel Hill, NC 27514 t 115A. .13 Christopher E. Cook Shirley Cook PO Box 1338 4f. — ' .......b.m..... 4...6., A • •• J.. Lake Pina Soffkee, Florida 33538 , ..,,,,4 & 115A. .14 Carlton G. Davis Norma M. Davis e cz...tr--,.,,,9l? ....c.e..- — Rt. 4 Pineview Estates Chapel Hill, NC 27514 /ife--14,...4.-. 71") 115A. .15 Eugene C. Cole -- A00( Louise Cole - ,,,,... c.c...,, C , 13 Pineview Estates Route 4 . 4 Chapel Hill, NC 27514 ..... ar. . ......mi. - PI Or 9-____ 115A. .16 Michael Moore Rt. 4 Pineview Estates Lot 12,74c-9-/pAA.4.1141.c Chapel Hill, NC 27514 - i 115A. .17 John Walter Yow 1 / Betty Sue Yow 'c- 6-C-1--4,„. 1-1.-• . ,i ,C..,4...-e.‘,-.-- Rt. 4, Box 478 14 06A, y Chapel Hill, NC 27514 ( '' j tet px) 115a. .18 George E. Carter, Jr. N). -- Susan C. Carter 10 Pineview Estates Chapel Hill, NC 27514 ' Cr .-t- c. ,k.ryi,v,_, ,t, ,c., , I 115A. .19 O9 W: 1 1 1 Melvin J. Emory Dorothy Emory 87.,77 PO Box 2671 Chapel Hill, NC 27514 115A. .20 Jesse James Williams 7,2,(3 Rt. 4, Lot 8 Pineview r77-(1 Estates Chapel Hill, NC 27514 115A. .21 Robert a SCampbell. Campbell Supatr 45-4-A0-) 620,11)edel/-e 105 Lexington Road -1--.0 Chapel Hill, NC 27514 ..4_1'-.. _ 1.-VA-:-.. 115A. .22 Charles H. James Betty B. James 0.6AL t .yrtk0-61 Rt. 12, Box 31 Lexington, NC 27292 GSAis "Pe i a__ da lei AL4-") Al, 1 .,_. . 4:,_ 7 )641ttli 6 a-cried zi4t) ...,- ..." /9 P-1,;z11-i6li‘d "7/-a . . Ø94 A meeting of the Board of Commissioners of Orange County, North Carolina, was had at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 3rd day of June, 3985. Present: Absent: - ************************************************************************** The following resolution was read in the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 and #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSFIIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-385(4) and as provided for in North Carolina General Statute Section 153A-205; -1- IT IS HEREBY RESOLVED THAT: L Orange County shall. undertake financing of the local share of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according tx) the basis set out in number 2 above which local share represents approximately thirty-five and six tenths percent (35.6%) of the total project cost. • 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of oonfirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on -2- 09E all matters covered by this preliminary assessment resolution will be held on the 18th day of June, 1985, at 7:30 o'clock p.m., during the 1 --:gular meeting of the Board of Commissioners of Orange County, in the Courtroom of the old Post Office, Chapel Hill, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by . pubication one time, not less than Ten (10) days prior to June 18, 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shAll be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 AND #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: I. Orange County shall undertake financing of the local share of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot -3-- of frontage. • 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-five and six tenths percent (35.6%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 18th day of June, 1985, in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 3rd day of June, 1985. -4- 09 -t BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (10) days prior to June 18, 1985. The Clerk to the Board of Commissioners is hereby directed to ' file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of June, 1985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7th day of June, 1985. -5- • fluc BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for • Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of June, 1985, so far as the same relate to the preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Bcok. WITNESS my hand and the offical seal of said Board, this the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- OFFICIAL COPY MINUTES APPROVED 9/10/85 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 3, 1985 The Orange County Board of Commissioners met in regular session on June 3, 1985 at 6:30 p.m. in the Commissioners Room in the Courthouse in Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Willhoit and Commissioners Shirley Marshall, Moses Carey and Ben Lloyd. COMMISSIONER ABSENT: Commissioner Norman Walker. ATTORNEY PNPSENT: Geoffrey Gledhill. GAFF PRESENT_: County Manager Kenneth R. Thompson, Director of Personnel Beverly Whitehead, Planner Susan Smith, Director of Health Jerry Robinson, Assistant County Manager Albert Kittrell, Director of EMS Bobby Baker, Planner Gene Bell, and Clerk to the Board Beverly A. Blythe. A. BOARD COMMENTS Chair Willhoit added to the agenda for discussion a letter from Mayor Frank Sheffield in which he listed the modifications to the proposed Efland Sewer Line agreement. A. AUDIENCE COMMENTS 1. U1ATRS ON THE PRINTED AGENDA, None. None. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for April 1, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for April 16, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Chair Willhoit to approve the minutes for May 6, 1985 as corrected. VOTE: UNANIMOUS. p. APPOINTMENTS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve reappointments as follows: ABC BOARD - Caleb Moore, Sharlene Pilkey ECONOMIC DEVELOPMENT COMMISSION - John McKee, Harold Thornton JURY COMMISSION - Ruth Long ORANGE COUNTY LIBRARY BOARD OF TRUSTEES - Helen Heriford RECREATION AND PARKS ADVISORY COUNCIL - Lorraine Parker BOARD OF HEALTH - Rosetta Moore, Emil Chanlett ORANGE COUNTY SENIOR CITIZENS BOARD - Arthur Whitted DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Mary Warren CHAPEL HILL PLANNING BOARD - Don Francisco, Julian Raney VOTE: UNANIMOUS. COMMISSION FOR WOMEN Motion was made by Commissioner Marshall, seconded by Commissioner Carey to reappoint Gail McClain Hayes to the Commission for Women. VOTE: UNANIMOUS. SECONDARY ROAD IMPROVEMENT ADVISORY COMMITTEE Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to appoint Robert L. Sheppard to the Secondary Road Improvement Advisory Committee. VOTE: UNANIMOUS. ORANGE COUNTY SENIOR CITT$EIS BOARD • • 2 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Lula Mae Cotton to the Orange County Senior Citizens Board. VOTE; UNANIMOUS. pOMICILIARY HOME ADVISORY COMMITTEE, Motion was made by Commissioner Marshall, seconded by Chair Willhoit to appoint Linda Rahija to the Domiciliary Home Advisory Committee. VOTE; UNANIMOUS. G. ITEMS FOR DECIAION 5. INDIAN SPRINGS-PRELIMINARY Planner Susan Smith presented for consideration of approval the Preliminary Plan for Indian Springs Subdivision. The property is located on SR 1005 in Bingham Township. The tract is designated as Agricultural-Residential on the Land Use Plan. Twelve lots are proposed out of 20.14 acres. The property is zoned A-R. The applicant is requesting approval of a Class "B" private road with access to SR 1005, a road designated as an arterial street in the Land Use Plan. Susan Smith indicated the number of lots in the subdivision was used as a basis for recommending a public state maintained road. Robert Epting, attorney representing the applicant Tony Clark, stated the road will serve nine (9) lots. The guidelines of the Private Road Standards states that a Class "B" road may service 4-9 lots. The developer is trying to keep the cost low; a paved road would add approximately $3,000 to the cost of each lot. The road would serve other lots for which no remuneration would be received. He asked that the Board approve the subdivision and all the conditions recommended by the Planning Board with condition #5 changed to read that the access be shared without any reimbursement for maintenance. Epting questioned how to stipulate a requirement that when development occurs on the adjacent tract that the developer participate in maintenance costs. Susan Smith explained that the tract adjacent to the proposed subdivision is essentially a mirror image and has less than 400 feet of frontage. It makes sense to use just the one road instead of having two roads so close together. Geoffrey Gledhill suggested a requirement be imposed on the subdivision which would require the owners of the adjacent property to agree to pay for maintenance of the road to the same degree as the original subdivision and would allow only one access to the development. He expressed concern about additional use of a private road versus construction of a public road built to state standards. Epting offered as a compromise that the road be constructed to the width of a Class "A" road along the portion subject to the most use Gledhill noted that under present agreements, the development which triggers the upgrading of the class of road, pays for the improvements. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the recommendations of the Planning Board (listed below) with the addition to number four that 433.54 feet of the road from the entrance at SR 1005 to the point where it turns off be expanded to Class "A" width with the intent that that portion be upgraded to state-maintained standards at the point when the adjoining property is developed. Commissioner Carey questioned how the new owners would be informed of these restrictions. Epting questioned the mechanism for requiring new developers to upgrade and pay for a portion of the maintenance costs. Gledhill clarified that the road would be maintained by the owners whether the road is public or private until the state accepts the road for maintenance. Chair Willhoit requested that the attorney provide the wording for #5 so that the Road Maintenance Agreement include the stipulation for widening the initial portion of 433.54' to Class "A" standards with the intent that it be brought up to state standards when the adjoining property is developed. 1 3 Gledhill asked that he review and approve language to that effect proposed by the developer's attorney. Commissioner Carey moved the amendment to the motion as specified above. Planning Board recommendations are: (1) a control corner be shown on the plat (2) indicate the lot area outside of the right-of-way and label as such (3) indicate on the plat that no activity will be allowed inside of the 50' stream buffer (4) a Class "B" private road be constructed to Orange County Road Standards as requested by the applicant (5) the Road Maintenance Agreement include a stipulation which would allow the adjoining tract (Lot 16A), upon developing the tract, to use the easement (private road). VOTE: UNANIMOUS. • §. STORMY ACRES-PRELIMINARY Susan Smith presented for consideration of approval the Preliminary Plan for Stormy Acres Subdivision. The property is located in Chapel Hill Township off Davis Road (SR 1129). Six lots are proposed out of approximately 10.9 acres. The property is zoned A-R and is designated the same in the Land Use Plan. The applicant proposes a Class A road to serve the six lots. The Planning Staff recommended a state-maintained road. The Planning Board motion for approval with a Class "A" road failed. No subsequent motion was heard on the item upon directive of the Planning Board Chair. Alois Callemyn indicated that if the six (6) lot subdivision with a Class "A" road is not approved, the developer would combine two lots making it a five lot subdivision. He pointed out on the map that lot three is not served by the proposed road. He questioned the lot count used by staff to determine the recommendation for a public road. Susan Smith explained that a 50-foot right-of-way is proposed to expand a subdivision road previously approved with a partial width right-of- 1 way. The recommendation for a public road constructed to state-maintained road standards is based on the number of lots anticipated to be served by the road, including those south of the tract in question. Geoffrey Gledhill pointed out that the "lot count process" is not the only criteria to be used to decide whether the road should be private or public. Smith reviewed the lots located south of the tract to be served by this road if there is further development. Commissioner Carey commented that a condition of approval similar to the one attached to the previous subdivision could be attached. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Preliminary Plat for Stormy Acres Subdivision with a Class "A" private road and a stipulation that when lots to the south are developed the road be brought up to state standards and paved. Gledhill clarified that appropriate language to the Road Maintenance Agreement would be prepared by the applicant's attorney and submitted to him for review and approval. VOTE: UNANIMOUS. 12. DISINTERMENT AND REINTEXRMENT OF GJAVES Director of Health Jerry Robinson explained that a plan for the relocation of three or more graves which are in the right-of-way of I-40 had been worked out between the Health Department and NCDOT in accordance with the statues. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey - , 4 to approve the plan as presented by the Health Director for the disinterment and reinterment of three or more graves in the right-of-way of 1-40. VOTE: UNANIMOUS. F. PUBLIC HEARING krz 4k .0001 1 - 140 ) mo.$, z _ 0 . _oil Susan Smith explained the public hearing is to receive public comment on the Preliminary Assessment Resolution. Property owners Thomas L. Davidson, Mannie Walsh, and Leona and Lewis Burke objected to the project and the paving of the road in front of the lots which will not perk and cannot be sold. Laura Yates spoke in support of the project noting that a petition was circulated and the required number of signatures obtained. The people that live in the area must put up with the dust which creates health problems and damage to cars and houses. If the project is delayed, the cost will increase after July 1. The state is paying 70% of the cost. C. Winstead spoke in support of the project and expressed a willingness to do whatever is necessary to eliminate the dust problems. Janet Cates, Bill Johnson, Karen Whitfield, and Lester Payne, property owners in the project area, spoke in support of the project because of the dust and asked that consideration be given to those who live in the area. THERE BEING NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the final Assessment Resolution for Renfrew, McDermott (portion) and Brigadoon (portion) Drives, accept the certificate of mailing offered by the Clerk to the Board, and schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. Confirmation took place at 9:12 p.m. VOTE: UNANIMOUS. G2. NANCO WOODS - PRELIMINARY Susan Smith presented for consideration and approval the Preliminary Plan for Nanco Woods Subdivision, located in Chapel Hill Township on Ridgewood Road. One 2.3 acre lot is being created from the 7.3 acre tract. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the Preliminary Plan for Nanco Woods Subdivision. VOTE: UNANIMOUS. Gl, FORRESTER,PEND-SECTIGN TWO-PEE LIMINART Susan Smith presented for consideration of approval the Preliminary Plan for Section Two of the Forrester Bend Subdivision. The property is located on SR 57 in Little River Township. Four (4) lots are proposed out of 3.71 acres. The Planning Board approved the Final Plat for Section One of Forrester Bend on December 17, 1984. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Preliminary Plan for Forrester Bend Section Two Subdivision. VOTE: UNANIMOUS. G4, QUINN SUBPIVISION-PRELIMINARY Susan Smith presented for consideration of approval the Preliminary Plan for Quinn Subdivision. The property is located in Bingham Township off Jo Mae Road. Four lots are proposed out of approximately 10.7 acres. The applicant is requesting a Class "C" private road (Ryan Road) for the subdivision. The Planning Staff recommended approval with a Class B private road. The Planning Board recommended approval with a Class "C" private road and with the condition that access to Lot A be restricted to Ryan Road. Dr. Alice Gordon, Chair of the Orange County Planning Board, indicated that the Class "C" road was recommended by the majority of the Board members because of the number of lots and that a Class "B" road was too much to require of the developer. Motion was made by Commissioner Lloyd to approve the recommendation of the Planning Board with a Class "C" private road. 5 MOTION DIED FOR LACK OF A SECOND. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the preliminary plans for Quinn Subdivision with a Class • "B" private road (Ryan Road) and the condition that access to Lot A be restricted to Ryan Road. VOTE: UNANIMOUS. 07. O.T. FARRINGTON FAMILY LANDS-MINOR-CLASS A ROAD Susan Smith presented for consideration of approval a minor subdivision with a Class "A" Private Road for the properties of Curtis Farrington located in Bingham Township on NC 54. The Planning Staff recommends approval of a minor subdivision to be served by a dedicated public road and constructed to state-maintained paved road standards. The Planning Board recommends approval of a minor subdivision served by a Class "A" road. Dr. Gordon indicated the discussion focused on the requirements for the developer and there was a question of how much development would occur. The staff felt the potential for a large number of lots exists. Motion was made by Commissioner Marshall, seconded by Chair Willhoit to approve the recommendation of the Planning Staff, i.e., to approve a minor subdivision served by a dedicated public road and constructed to state- maintained paved road standards. VOTE; AYES, 2; NOES, 2 (Commissioners Carey and Lloyd). Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board for approval of a minor subdivision served by a Class "A" road. VOTE: AYES, 2; NOES, 2 (Chair Willhoit and Commissioner Marshall). Motion was made by Commissioner Marshall, seconded by Commissioner Carey to refer this item back to the Planning Board and ask that they address the problem of the potential density that may occur in that area and the problems of right-of-way. VOTE: UNANIMOUS. BL. BUDGET WORK SESSION-ORANGE COUNTY BOARD OF EDUCATION Norman Baithcock, Chair of the Orange County Board of Education, noted that the recommendation of $267,000 for capital projects for the Orange County school system was not enough to fulfill the full needs of every student. Dr. Dan Lunsford, Superintendent of Orange County Schools, presented an outline of past accomplishments and gave general information and concerns about the budget. He expressed a concern about the cash flow because of the low fund balance. He emphasized that the budget request is for a hold-the-line budget. In capital outlay, many items have been listed in prior year requests and not funded causing the list to be longer. He stated that $750,000 is needed each year in recurring capital for capital outlay; $978,000 is requested for this year Of that amount $42,300 will be used to provide a facility for storing diesel fuel for use by both school systems. Wayne Watts, Director of Finance for Orange County Schools, pointed out the budget had been done in the standard format as required by the state. Orange County Schools is requesting a total of $4,966,992 from the County. The total budget is slightly more than 15.5 million. The total operating expenses of $3,988,569 represents a 21.9% increase. Watts highlighted the 12 minor capital improvements. He noted that the instructional and media equipment request includes replacement items. The sources of revenues are broken down into state revenues and local revenues. The state revenues total $499,794 which represents a 9.6% increase over last years! request. The per child request of $789 is an increase of $136 per child. He expressed concerns about the low fund balance of $40,000 at the end of June, 1985, and the low contingency amount of $31,000. Salary improvement programs for non-certificated employees would cost approximately $46,400. Dr. Lunsford presented a memorandum which outlined the major capital improvements for Orange High School and the time table. • i 6 Chair Wilihoit asked about the potential impact of the Basic Education Plan, and Dr. Lunsford indicated the class size in 7-8 is averaged out at 29 and grade 9 a little less. If the projected class size reduction goes to 28 and one at 26 there would not be any offset. Commissioner Carey asked what impact the career growth program would have on the local budget and Dr. Lunsford indicated no increase in the budget in the immediate future. G8. WAIVER OF LANp USE PLAN .POLICQY 11.6 Planner Gene Bell noted the County Attorney informed him that this item is not for a waiver of the Land Use Plan Policy but instead a request for an interpretation of which of two policies should apply to the situation. Calvander Mobile Home Park located in Chapel Hill Township has requested a permit for the installation of a package wastewater treatment plant to replace the failing mound septic system. An interpretation is requested of the following two sections: 11.4 - Allow on-site disposal in low-density and rural areas where soil conditions are acceptable. In rural areas with unacceptable soils, state-approved on-site sewage disposal systems will be required. 11.6 - Allow ground absorption sewage disposal systems of 3000 • gallons per day or more design capacity and package sewage treatment plants with a design capacity of 3000 gallons per day or less appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential. Land Use Plan Policy 11.6 limits such systems to 3,000 gallons per day and limits the area to 10 or 20 year transition and rural residential. The mobile home park is located in the rural buffer and needs a plant with a design capacity of 10,000 gallons per day. The requirements in the Land Use Policy 11.4 seem to be met. A determination needs to be made as to whether or not the permitted use of package plants is implied in the language of the policy. Chair Willhoit noted that from the standpoint of the Land Use Plan and the rural buffer there is a question of whether this use would be permitted today if it were to be a new proposal. Gene Bell stated it would not be permitted if it were a new proposal. Chair Wilihoit questioned if the ordinance makes any provisions for upgrading such a development in conjunction with considering the request. Travis Blake, owner of the mobile home park, indicated every alternative had been explored and this system seemed to be the most feasible. Dr. Gordon referred to section 11.4 and asked the definition of a state approved onsite water system. Mr. Blake indicated a state approved onsite wastewater system would be any system that would qualify for NPDS permanent development discharge limitations and which would meet the "F" Point limitations. Dr. Gordon noted that if you require rural areas with unacceptable soil to have state approved onsite sewage disposal systems it seems that 11.6 would apply. Blake noted that the state only gets involved with systems over 3,000 gallons. Dr. Gordon suggested that 11.4 and 11.6 be reexamined and a possible provision be added that addresses the question of a health standard failure in existing developments. Chair Wilihoit explained that because this is a noncomforming use and there is an existing problem, there should be a mechanism to bring it up to some level of aesthetic standard to conform. Travis Blake indicated the standards for screening will be met. Motion was made by Chair Wilihoit, seconded by Commissioner Lloyd to interpret 11.4 to permit the replacement of the wastewater treatment system - . 7 because of the public health emergency, and to encourage the owner to make site improvements to bring the development more in keeping with the intent of the rural buffer zone in which it is located and to refer this situation to the staff for further study and clarification. The Board requested that the Planning Staff and the Planning Board address the Land Use Plan policy section 11.4 and 11.6 for clarification in addressing existing situations. VOTE: UNANIMOUS. G15 RECLASSIFICATION APPEALS Motion was made by Chair Willhoit that, in accordance with the Personnel Ordinance, the reclassification appeals be handled by the County Manager. Commissioner Lloyd said the appeals are an end result of direct action taken by the Board and a decision made by the Board and it is inappropriate to not follow through on the appeals. The Board would be doing a disservioe to the Manager to dump an unpopular decision on his shoulders and the Board owes the employees the courtesy of making the decisions. Commissioner Marshall noted that the Manager does have this responsibility; it is clearly spelled out in the current Personnel Ordinance. MOTION DIES FOR LACK OF A SECOND. Motion was made by Commissioner Lloyd that the Board deal with the appeals as a Board. MOTION DIES FOR LACK OF A SECOND. G9. PINEVIEW ROAD/PXNEVIEW DRIVE - PPP PETITION Susan Smith presented for approval the petition for the Pineview Road and Pineview Drive PPP. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the petition, adopt the Preliminary Assessment Resolution and to schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985, VOTE: UNANIMOUS. cip, CLEARWATER LAKE ROAD - PPP PETITION Susan Smith presented for approval the petition for the Clearwater Road (SR 1918) PPP. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the petition, adopt the Preliminary Assessment Resolution with a change that the assessment be on an equal amount per lot as requested by the spokesperson for the project, and schedule a public hearing on the Preliminary Assessment Resolution for June 18, 1985. VOTE: UNANIMOUS. LI) .1 L ¼ ) I r 14 ...v..; 1 AINED ROAD XSTEM Susan Smith presented for approval the petition from NC DOT to add Chestnut Road in Farrington Hills Subdivision to the state-maintained secondary road system. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the petition as presented. VOTE: UNANIMOUS. G13. ORANGE INDUSTRIES CONSTRUCTION AGREEMENT (see copy of the agreement in the permanent agenda file in the Clerk's office). Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the agreement between Orange County and Orange-Person-Chatham Mental Health detailing the terms governing the operation and maintenance of the Orange Industries Sheltered Workshop and authorize the Chair to sign. VOTE: UNANIMOUS. AGREENNT BETWEEN GEOLOGICAL SURVEY AND ORANGE COUNTY (see copy of the agreement in the permanent agenda file in the Clerk's Office). Motion was made by Commissioner Marshall, seconded by Commissioner Carey to enter into an agreement with Geological Survey to install and maintain , 8 a gauge on the Eno river at an initial cost of $3,400 for the first year and $2,000 for operation each year thereafter. VOTE: UNANIMOUSLY. ADDED ITEM MODIFICATIONS TO THE PROPOSED EFLAND SEJJER LINE AGREEMENT After extensive discussion, it was determined that the main concern was that the tap fee would not be recovered if annexation occurred within a year or two for those in Orange Heights. It was decided that although the County would not get a credit for the service fees after annexation they would not be charged for the treatment because the meter would be behind the service area Chair Willhoit will meet with the County Manager to work out a reply to Mayor Frank Sheffield's letter. $. REPORTS 1 isions to Proposed New Personnel Ordinance 2, Fair Labor Standards Act Impagt Reports were postponed. ADJOURNMENT Chair Willhoit adjourned the meeting. The next regular meeting will be held on June 18, 1985 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk